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PC 2007/05/30na i la ni issi n a ednesday, ay 30, 2007 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Gail Eastman ® Chairman Pro-Tempore: Kelly Buffa ® Commissioners: Stephen Faessel, Cecilia Flores Joseph Karal<i, Panky Romero, Pat Velasquez ® Call To Order ® Preliminary Plan Review 1:00 P.M. Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the May 30, 2007 agenda For record keening purposes. if you wish to make a statement regarding anv item on the agenda please complete a sneaker card in advance and submit it to the secretary ® Recess To Public Hearing ® Reconvene To Public Hearing 2:30 P.M. • Pledge Of Allegiance ® Public Comments ® Consent Calendar ® Public Hearing Items ® Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninpcommission(a~anaheim.net H:\does\clerical\agendas\(053007).doc (05/30/07) Page 1 Anaheim Planning Commission Agenda - 2:30 P.IUI. 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 andlor removed from the Consent Calendar for separate action. Reoorts and Recommendations 1A. (a) CEQA CATEGORICAL EXEMPTION -CLASS 11 {b) SPECIAL CIRCUMSTANCES WAIVER N0.2007-00037 Agent: Deana Morgan Burnham USA 1100 Newport Center Drive., Suite 150 Newport Beach, CA 92660 Location: 2430 East Katella Avenue: Project Planner. Request for approval of a Special Circumstances Waiver to waive (kwong2Qananeim.nef) Special Event Permit requirements of permitted duration and location of banner to retain four (4) banners until October 2007 on a trellis structure. inut 1 B. Receiving and approving the Minutes from the Planning Commission Meeting of April 30, 2007. (Motion) Continued from the May 14, 2007 Planning Commission Meeting. 1C. Receiving and approving the Minutes from the Planning Commission Meeting of May 14, 2007. (Motion) H:\docs\clerical\agendas\(053007).doc (05/30/07) Page 2 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION (READVERTISEDI 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2006-05164 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 waivers of (a) minimum number of required Project Planner. parking spaces, and (b) minimum landscape setback. (kwong2pananeim.net) Continued from the January 8, March 5, March 19, April 2, and May 14, 2007, Planning Commission meeting. Conditional Use Permit Resolution No. 3a. CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED( (READVERTISED) 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT N0.2003-04800 (TRACKING NO. CUP2007-05199) Owner: Ellas Properties Ina 5395 East La Palma Avenue Anaheim, CA 92807 Agent: Hossein Zandi, Caliber Motors 5395 East La Palma Avenue Anaheim, CA 92807 Location: 200 North Via Cortez: Property is approximately 5.7 acres and is Ipcated at the northeast terminus of Via Cortez and south of the SR-91 (Riverside Freeway), with a frontage of 161 feet on the northeast terminus of Via Cortez and is located 837 feet north of the centerline of Santa Ana Canyon Road. Request to amend plans and conditions of approval for apreviously- approved automotive sales dealership to permit additional signs, modify ProJecr Planner. (skoenm(o?ananeim.nel) the elevations and construct a canopy and outdoor vacuum facility with waivers of (a) minimum landscape and structural setback, (b) maximum number of wall signs and (c) maximum number, type and size of signs. Continued from the April 30, 2007, Planning commission meeting. Conditional Use Permit Resolution No. H:\docs\clerical\agendas\(053007).doc (05/30/07) Page 3 4a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 313 (PREVIOUSLY-CERTIFIED) 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 2007-05198' Owner: Steiner Corporation, 505 East South Temple, Salt Lake City, UT 84102-1004 Agent: Geoff Bonney, Bonney Architects, 300 East State Street Suite #620, Redlands, CA 92373 Location: 1740 South Zeyn Street 1755 and 1763 South Anaheim Boulevard: Property is approximately 2.1 acres, having a frontage of 326 feet on the east side of Zeyn Street and is located 250 feet north of the centerline of Katella Avenue. Request to expand a legal non-conforming commercial laundry facility with waivers of (a) minimum landscape and structural setback adjacent to Zeyn Street and Anaheim Boulevard, (b) maximum permitted fence height, (c) minimum distance between driveways serving adjacent parcels, and (d) minimum number of required parking spaces. Continued from the Apol 30 and May 14, 2007, Planning Commission meetings. Conditional Use Permit Resolution No. 5a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 330 1PREVIOUSLY-CERTIFIED) 5b. ZONING CODE AMENDMENT N0.2007.00059 Agent: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Ci ide: City-initiated request (Planning Department) to amend Section No. 18.40.060 (Dedications and Improvements) of Chapter 18.40 (General Development Standards) of Title 18 "Zoning" of the Anaheim Municipal Code to authorize the City Engineer to grant discretionary exemptions for dedication and improvement requirements when appropriate findings can be made, without the requirement for a public hearing and the deletion of "multiple-family residential" from the definition of "Minor Addition" exemptions for required dedication and improvements. H:\docs\cle rical\agen d as\(053007). doc Request for continuance to June 11, 2007. Pro%ect Planner. (kwong2Qanaheim.vet) Pro%ecr Planner.• (dherrick®anaheim. net) (05/30107) Page 4 6a. CEQA NEGATIVE DECLARATION 6b. RECLASSIFICATION NO. 2007-00201 6c. MISCELLANEOUS PERMIT N0.2007-00197• Owner: Edwin and Lucille Sackett 934 South Webster Avenue Anaheim, CA 92804 Marvin Lloyd and Dorothea A. Streiff Family Trust P.O. Box 4345 Chatsworth, CA 91313 Agent: Sequoia Standard 801 Park Center Drive #101 Santa Ana., CA 92705 Location: 928-934 South Webster Street: Property is approximately .87-acre, having a frontage of 129 feet on the east side of Webster Street and is located 273 feet north of the centerline of Ball Road. Reclassification No. 2007-00201 - Request reclassification of the subject property from the T (Transition) zone to the RM-4 (Multiple-Family Residential) zone, or a less intense zone. Miscellaneous Permit No. 2007-00197 -Request for Planning Commission determination of conformance with Density Bonus Ordinance to construct a 28-unit affordable apartment complex with incentives' * This request was withdrawn by the applicant. Reclassification Resolution No. 7a. CEQA NEGATIVE DECLARATION 7b. WAIVER OF CODE REQUIREMENT 7c. CONDITIONAL USE PERMIT NO. 2007-05208 Owner: J Gene Lee and Debra D. Lee 41 Valley View Irvine, CA 92613-3211 Agent: Phil Sdhwartze PRS Group 31872 San Juan Creek Road San Juan Capistrano, CA 92675 Location: 1360 South Anaheim Boulevard: Property is approximately 2.3 acres, having a frontage of 276 feet on the east side of Anaheim Boulevard and is located 127 feet north of the centerline of Palais Road. Request to establish a vocational college with waiver of minimum number of parking spaces. Conditional Use Permit Resolution No. H:\dots\clerical\agendas\(053007).doc Project Planner. (kwong2®anaheimneQ Project Planner. (dseeQanaheim.netJ (05130/07) Page 5 Sa. 8b. Agent: Michelle Macis 116 South Fairmont Boulevard Anaheim, CA 92808 Location: 116 •124 South Fairmont Boulevard: Property is approximately 2.5 acres and is located at the southeast corner of Santa Ana Canyon Road and Fairmont Boulevard. Request to amend conditions of approval to permit the consumption of beer and wine in an existing outdoor dining area for a restaurant. Conditional Use Permit Resolution No. 9a. CEQA NEGATIVE DECLARATION 9b. WAIVER OF CODE REQUIREMENT 9c. CONDITIONAL USE PERMIT NO. 2007-05209 Owner: Brandon Rainone Outer Spring Volcano LP 3364 East La Palma Avenue Anaheim, CA 92806-2814 Agent: Brandon Rainone 3364 East La Palma Avenue Anaheim, CA 92806 Location: 3364 East La Palma Avenue: Property is approximately 2.7 acres, having a frontage of 252 feet on the north side of the Riverside (SR-91) Freeway, a maximum depth of 524 feet, and is accessed via a 652 foot long, 32 foot wide ingress/egress easement on the south side of La Palma Avenue, 1,240 feet east of the centerline of Shepard Street. Request to remodel of an existing bowling facility including an expansion for a management office and permit telecommunications towers with waivers of (a) minimum number of parking spaces, (b) maximum fetter height. (c) floor area ratio, (d) required landscaping adjacent to a freeway and (e) maximum size of a freeway oriented wall sign. Conditional Use Permit Resolution No. H:\docs\clerical\agendas\(053007 ).doc Pmject Planner. (ethien®anaheim. net) Request for continuance to June 11, 2007. Pmject Planner. (ethien®anaheim. net) (05/30/07) Page 6 Owner: Michael L Cramer Fairmont 100 Investors LP 24800 Chrisanta Drive Suite 130 Mission Viejo, CA 92691 10a. CEQA NEGATIVE DECLARATION 10b. RECLASSIFICATION NO. 2007-00192 10c. CONDITIONAL USE PERMIT NO. 2007-05186 10d. TENTATIVE TRACT MAP NO. 17115 Owner: Mehdi M Ebrahimzadeh La Vue LLC 30622 La Vue Street Laguna Niguel, CA 92677 Agent: M. Mehdi Ebrahimzadeh 30622 La Vue Street Laguna Niguel, CA 92677 Location: 1745 South Easy Way: Property is approximately 0.4- acre, having a frontage of 164 feet on the west side of Easy Way and is located 188 feet north of the centerline of Katella Avenue. Reclassification No. 2007-00192 -Request reclassification of the subject property from the C-G (General Commercial) zone to the RM-3 (Multiple-Family Residential) zone. Project Planner (ethien(~anaheim. net) Conditional Use Permit No. 2007-05186 -Request to construct a 5-unit attached residential planned unit multiple-family development with modification to standards. Tentative Tract Map No. 17115 - To establish a 1-lot, 5-unit airspace attached single-family residential condominium subdivision. Reclassification Resolution No. Conditional Use Permit :Resolution No. 11 a. CEQA NEGATIVE DECLARATION 11 b. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0.2007-00034 Owner: Anaheim West Plaza Partners, LLC 3029 Wilshire Boulevard #202 Santa Monica, CA 90403 Agent: Eli Beas The Bergman Companies 13745 Seminole Drive Chino, CA 91710 Location: 3170 West Lincoln Avenue: Property is approximately 5.8 acres and is located at the southwest corner of Lincdln Avenue and Topanga Drive. Request Determination of Public Convenience or Necessity to permit Project Planner. sales of alcoholic beverages for off-premises consumption within a (skoehm@anaheim.net) proposed grocery store. Public Convenience or Necessity Resolution No. H:\does\clerical\agendas\(053007).doc (05/30107) Page 7 12a. CEQA CATEGORICAL EXEMPTION -CLASS 1 12b. CONDITIONAL USE PERMIT N0.2003-04667 (TRACKING NO. CUP2007-05206) Owner: Michael Bagguley 701 Concord Street Glendale, CA 91202 Agent: Chang K Kim Joodae Lee Restaurants 3010 West Lincoln Avenue Anaheim, CA 92801 Location: 3010 West Lincoln Avenue: Property is approximately 1.6 acres and is located at the southwest corner of Lincoln Avenue and Beach Boulevard. Request to amend conditions of approval and exhibits for apreviously- approved restaurant with beer and wine to permit and retain private Froiect Ftanner. karaokelbanquet booths. (skoehm®anaheim.nef) Conditional Use Permit Resolution No. H:\dots\clerical\agendas\(053007).doc (05/30/07) Page 8 Adjourn To Monday, June 11, 2007 at 1:00 P.M. for Preliminary Plan Review. H:Idocs\clericallagendas\(053007).doc (05/30/07) Page 9 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. May 24, 2007 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND C C L DISPLAY KIOSK SIGNEp: 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 Tele hone S stem at 714-765-5139. H:ldocs\clerical\agendas\(053007).doc (05/30/07) Page 10 SCHEDULE 2007 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 (Cancelled) H:ldocs\clerical\agendas\(053007).doc (05/30/07) Page 11 Item No. 1. / RCL 69-70-34 I RCL 99-00-15 4 (R E) 1 RCL 70 71 26 3 RCL 70-71-27 w RCL 99-00-15 $ I RGL 70-71-26 RCL 10-71-27 j SMALL IND. FIRMS - STADIUM PLAZA ~ BUSINESS PARK F SMALL IND. ~ SINCLAIR ST FIRMS O-H RCL 2004-00127 RCL 99-OD-15 y RCL 63-84-19 0 ~ RCL 70-71-28 ~ ~( RCL 70.71-27 '9L VAR 3390 F VAR 2152 (T METROPLEX ~t OFFICE BLDG. ~NU~ P`~ A ~ ,5 cp~E~ soo' a ~ r o m Q'G~' Sa 1qa ~ -: cuP 2oo6-06oee~ ~Q-G~pQ-5°~' \ "" °-' GUP 2006-05186 .1 ~ GG //PTMU CUP 2005-04966 REBL ' RC 2W4-00~29 CUP 3369 4 RCL 99-00.15 GUP 3165 I 'S~ RGL.67-68-25 CUP 2851 - ~ ~~ ' .RCL 63E4.24. VAR 2005-04675( RCL 5B-60-23 VAR 4206 i ~ COMM. BLDG. fiCW 2607-0003 ~.. RETAIU oPPice usE= >~=`. AB PARKING 0.L (PTMU) RCL 2004-0D129 O-L (PTMU) RCL 99-00-15 RCL 80-01-11 RCL 2004-00129 RGLffiA3-33 RCL 99-00-15 RCL 59-60.23 RCL 90-91-11 CUP 33fi9 .RCL 83-8424 GUP 2433 RCL 59-60.23 CUP 2257 9TAOIUM TOWER PLAZA T-CUP 2003-04774 CUP 2006-05135 CUP 3369 grL, OFFICE BLDG. STAD LAZA y/SO OFFICE BLDG N CUP 3165 t Op~~ q/(l~ (RCL 70-71 34) SgNT (CUP 2550) q R F ( CUP 2534) ( ) Rgi ( 2 S A ~Wq y RCL 2004-00129 607 ) (V R RCL 99-00-15 RCL 56-57-93 /~ CUP 2400 / \ CUP 750 / \ VACANT RCL 66-67-14 ( i \ 1 ANGEL N STADIUM ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. Special Circumstances Waiver No. 2007-00037 ~ ~ Subject Property Date: May 30, 2007 Scale: 1" = 200' Requested By: DEANA MORGAN Q.S. No: 117 2430 East Katella Avenue 1DZ61 City of Anaheim I~LAIV IV I ITT G I3 EI~A~'I'IVI E I~dT Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of May 30, 2007. 1-A. REPORTS AND RECOMMENDATIONS: (a) CEQA CATEGORICAL EXEMPTION -CLASS 11 (b) SPECIAL CIRCUMSTANCES WAIVER NO. 2007-00037 Owner: Shops at Stadium Towers, LP 1100 Newport Center Drive, Suite 150 Newport Beach, CA 92660 Agent: Burnham USA, ATTN: Deana Morgan, 1100 Newport Center Drive, Suite 150, Newport Beach, CA 92660 Location: 2430 East Katella Avenue www.anaheim:nel Planning Commission approval of a Special Circumstances Waiver to waive Special Event Permit requirements for permitted duration and location of banners. ACTION: Commissioner XXX offered a motion, seconded by Commissioner)OCX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve a CEQA Categorical Exemption -Class 11. Commissioner XXXoffered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby deny the :request to waive Special Event Permit requirements for permitted duration and location of banners based on the following: (i) That the intent of the special event permit is to allow temporary identification and outdoor events for promotional activities for the businesses and the requested banners are not to advertise a special event or promotional event. (ii) That the banners only provide additional identification for the tenants within the building that already have permanent identification through wall signs that are clearly visible to the public right-of-way. SC W 2007-00037_excerpt_klw 200 South Anaheim Boulevard P.O. Bax 3222 Anaheim, California 92803 TEL (714)765-5139 Mc John P. Ramirez Senior Planner Planning Department -City of Anaheim 200S. Anaherp Blvd., #162 Anaheim, GA:92805 Re: ~24p6 -2432 E. tCatella Avenue An~fieim, California Dear Mr. Rariiirez Pursuant to your conversation with Bryon Ward, I am requesting a Special Circumstances Waiver for our banners located at the above referenced locatioh. On behalf of our tenants, we wouldiike to keep the banners.up through October 2007 and will then remove them fromthe center thereaffer. The ultimate plan`is to provide exposure.ehd to ensure adegpate identifieation for the tenants, especially dining the area even#s. The original design of the banners i§ unique and will.prombte pedestrian activity for majorvenues~ We believe the. banners are serving tosupport the shops at Stadiurh Towers as well as providing informatioji to the community. The banners will attract new and returning visitors and will welcome alt drive-py arid foot traffic td the center. I have attached a site plan which indicates where the banners are' located.. l have also attached ttie specifications of the banners as well as`a picture of them in our center: In efforts to keep our tenants successful and because this is a newly constructed ce"nter; we hope to obtaih the permiYto allow these.banners at their ourrent location: We appreciate your consideration and look forward to working with.the City on this issue. Please feel free to contact out office should yqu have ahy questions or require any additional information. Sincerely, Burnham USA Equities, Inc. Dean 1-~~ Property Manager cc: Bryon Ward- Therese Hotvedt City ofAnahelm letter- banners Item No. 2 ,Z.L GJP~pN~ ~ 5g.5 y ~ 0~ ~N ~~ZOai' ~ MWP/gT. Wt~H~ ~I 7 11 Conditional Use Permit No. 2006-05164 m y -~ o i 0 TZ Q i 181 ~ / fEpGN m pVEN~E 000 O~EN`N Requested By: 508 NORTH EAST STREET, LLC 508 North East Street - La Reina Market i ~o M R D~ \I 10283 F~O~'~ Subject Property Date: May 30, 2007 Scale: 1" = 200' Q.S. No. 92 Conditional Use Permit No. 2006-05164 Requested By: 508 NORTH EAST STREET, LLC 508 North East Street - La Reina Market ry ~ ~~ . u ~ t° x, ~ .~ .~ ~~ Date orAenal Photo: July 2005 Subject Property Date: May 30, 2007 Scale: 1" = 200' Q.S. No. 92 10283 Staff Report to the Planning Commission May 30, 2007 Item No. 2 2a. CEQA NEGATIVE DECLARATION (READVERTISED) 2b. WAIVER OF CODE REQUIREMENT (Motion) 2c. CONDITIONAL USE PERMIT N0.2006-05164 (Motion) (Resolution) " SITE LOCATION AND DESCRIPTION• (1) This property'is identified as 508 North East Street and is occupied by La Reina Market. The property is 1.15 acres and is owned by Daniel Rubalcava. The applicants for this request is Greg Howell, the architect, and Ed Perez, the project manager, REQUEST:: (2) The applicant~equests approval to`permit the expansion of an existing legal non- conforming market with sales of beer and wine for off-premises consumption and to establish landuse conformity for an existing jegally non-conforming cdmmercial retail center under authority of Code Section No. 18.08.030.040.0402 (Alcofiolic Beverage Sales-Off-Sale, Markets-Small and Commercial Retail'Centers) with waiver of the following provision: (a) SECTION NO. 18.42.040.010 ' Minimum number of oarkinc spaces Withdrawn by applicant (b) SECTION NO 18.08:060.010.0101 Minimum landscape setback 15 feet required; 11 feet 9 inches proposed) BACKGROUND: (3) This .item was continued from the. January 8, March 5, March 19, Apri12, and May 14, 2007, Commission meetings for an update to the parking study as a result of public testimony regarding od-street parking. Since the last public hearing, the applicant has revised the proposed site and floor plans. (4) This property is developed with a nine (9) unit commercial retail shopping center and is located in the General Commercial (C-G) zone: The General Plan designates this property for General Commercial land uses: Properties in all directions are designated for Medium Density Residential land uses. This property is located within the Merged Redevelopment Area: Case Planner: Kimberly Wong Srcup2006-05164k1w 53007.doc Page 1 Staff Report to the Planning Commission May 30, 2007 Item No. 2 (7) Since the last public hearing, the applicant has revised the site plan tc add additional parking spaces. The site is developed with an existing nine (g) unit commercial retail building (refer to Exhibit No. 1). The applicant proposes to expand the existing La Reina Market into the adjacent southerly unit for a total of 7,878 square feet of retail space. The request no longer includes asecond-story addition. The ro market would be within existing building: walls of the commercial center. P posed expansion of the (8) The site plan indicates the center at the rear of the grope landscaping along East and S r'tY. The site has non-conformin ycamore Street. The existing landscape cond'tfon Is g and the creation of new parking spaces along East Street results in altering the non-conforming landscape setbacks aloe landscape planters along East Street in the 9 East Street. Two reflects the following setbacks: Parking lot are re (2) new P posed.; The plan: Direction ~~ Code Required / .~~ ~ ~ `Pr'oposed Building Code Required J proposed ~~ ` ~~" ° ~ ~ Se~ba~k ~:. ~ Landscape 6etback ~ ~ ' North adjacent to ~;., Glenwood Avenue 25 feet / 10 - 25 feet ` South adjacent to * 10 feet / 0 feet* S camore Street 10 feet/ 10 feet* 10 feet / 0 - West adjacent to East 10 feet Street 15 feet / 7 feet* ' South + 15 feet / D -12 feet 3 Inches** *Exlsting legal) non- 15 feet / 10 feet* Y conforming 15 feet / 0 feet* **Site'is currently developed with no landscape`setback (9) Access to the site is provided via two 2 The site is currently developed With $driveways from Sycamore Street and East Street. a total of 77 on-site parkin s Parking spaces. The revised site alone and 93 parkin s g Paces, while code requires 43 spaces for the Ian shows 9 paces, for the whole center. Code section 18.56.070 market r use or structure that does not com 1 or change to another P Y with current parking requirementst p ontlnue permitted use with 4he same or7ower market expansion replaces a former. music store which has the same 5.5 spaces per 1,000 s. f. r'Since the re Parking requiremenf. The expansion, and no new square footage Is s roo longer Includes a second-story atfo of number of parking spaces is permitted b P Posed for the center, the existing minimum number of required parkin s Y code. The requestedwaiver pertaining to as the waiver Is no longer necessary Paces has been withdrawn b y the applicant (10) The floor plan shows the expanded market consists of a produce and meat area, ho display area, bakery, walk-in cooler, and accessory offices. , t foods Page 3 Staff Report to the Planning Commission. May 30, 2007..... Item No. 2 ~~ s ~,„ r ~,,,~~. (P t s r Jf ~ ~i .~: ..gyn.:.. v ~ ..u b rvn .,e3i R"Sk ~.~ ~~3~v~~ n^' ~4 r,~ ~ ~ ..~ `Proposed Elevation ' (11) The elevation plan as shown above, color rendering and materials board. indicate a 14-24 foot high, one-story building incorporating a Spanish style design. As depicted in the elevation above, there would be the addition of a 24-foot high entry element to the' market, In addition, the applicant proposes to refurbish the center's fagade by incorporatingblue file along the base of the pillars of the building, with orange-yellow colored stucco and dark maroon trim. (12) Sign: plans were not submitted with this application. The elevations indicat Camiceria", and existing non-conforming wall signs for the market,'Walrtislens fot he unit based on the. "La Reina:' Code permits a maximum of three (3) 9 frontage. In addition, the sign area is limited to ten percent (10%) of the face. of the building or a maximum of two hundred (200) square feet, whicAnYnew wails gns would have to: maximum letter height of 24-inches for this building. Y _. comply with current code: requirements. The elevation plans indicate the removal of the "La Reina" sign at the existing entryway of the market, and a new "La,Reina" wall sign over the expansion area. This results in four (4) wall signs which would not comply with the current Code requirements. Some of the exist cant is awa~elof th sdrequ emen't and is will ng to accommodate the new sign. The app modify plans to comply with Code.:: The existing wall signs for the center are a combination of cabinet signs and: individual channel letter signs that were permitted under the prior code. (13) Photographs and staff inspections have confirmed one (1)non-conforming multi-tenant pole sign identifying businesses in the center. Changes are not proposed for the free- standing signi The freestanding sign is in compliance with the approved sign plans on file < in the Building Division: (14} Photographs and staff inspections indicate minimal but maintained landscaping. Small trees and shrubs are in the landscape planters mart of the narking lotrmod'f cat ons toe landscape planters within the parking lots Asap. andsca a looters are provided accommodate additional parking spaces, two (2) P P adjacent to East Street. (15) The applicant has submitted a letter of operation indicating the market would continue to operate as a small retail market selling fresh produce, delicatessen meats and specialized prepared foods. There would be no seats for food consumption on the premises. The current hours for the market are 7:30 a.m. - 8:30 p.m. daily, with a total of twenty (20) employees. Page 4 Staff Report to the Planning Commission May 30, 2007 Item No. 2 (16) There are no open Community Preservation violations associated with the property. ENVIRONMENTAL IMPACT ANALYSIS• i (17) Staff has reviewed the proposal to expand. 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 and prepared the'Jnitial Study which is available for review in the Planning Department. Staff finds no significant environmental impact and therefore, recommends that a Negetive Declaration be approved. EVALUATION: (18) The expansion of an existing market with a floor area of less than :15,000 square feet and the sale of beer and wine for off-premises consumption are permitted in' he General Commercial zone subject to approval of a conditional use permit. (19) At the January 8, 2007; public hearing, the members of the Commission and the public had the following concerns and recommendations about the proposal: a. Inadequate amount of parking at the center b. Reduction of privacy for residents along Glenwood Avenue and Elmwood Street due to proposed second story addition c. ' Frequency of accidents in the neighborhood (20) Public testimony was provided of the January 2007 public hearing which indicated that employees park on`adjacentstreets. The parking study was updated to reflect observations of the on-street parking from the commercial center. The revised study was conducted before the removal of the second tory office. Jt determined the' demand to be`73 spaces (attached). The applicant,proposes to modify;portions bf the parking lotto provide additional parking on site. With the proposed' modifications,. the site would provide 77 parking spaces, which is 4 spaces over the projected demand. (21) The applicant proposes a landscape setback adjacent to East Street that is less than code. requirements. Code requires a landscape setback of 15 feet along East Street and: 11 feet 9 inches is proposed. As seen in the aerial on the following page, the parking lot is not developed with. a landscape setback adjacent to East Street and the existing landscape condition is non-conforming; therefore, the creation of new parking spaces withih the setback area7equires a weiver. Staff believes there are special circumstances that apply to the property as the existing building and parking lot constrain the ability to provide the minimum setback while'also providing required parking. Furthermore, commercial properties in the vicinity along East Street provideapproximately 5 feet of landscaping. Since the proposed landscaping is greater than what is currently provided,'and would enhance the property and bring it into greater conformance with code, staff sunaorts the waiver Page 5 " residencesF This"second-story expansion has been withdrawn and the privacy issue is no longer a concern. (24) At the public hearing, concerns were expressed regardingthe frequency of accidents at the intersection of East Street and Sycamore Street. Although it is not a land use related issue, the Anaheim Police Department records indicate an average of 2 to 4 reported accidents a year at this intersection. (25) La Reina Market currently holds aType-20 (off-sale tieer and wine) ABC license. Records indicate the license was established prior to the Code requirement for a conditional use. permit and therefore, the land use is legal non-conforming. Since an expansion of the market is proposed; code requires a conditional use permit for the sales of beer and wine for off-premises consumption. The Police Department indicates that three (3jphone calls.. Page 6 Staff Report to the Planning Commission May 30, 2007 Item No. 2 were received within the last year, hone pertaining to beer or wine sales. A Determination of Public Convenience or Necessity is nofrequired and ABC has indicated the business is in compliance with the license: Therefore, staff recommends a royal to permit the sales of beer and wine for off-premises consumption: (26) The existing center was constructed prior to the Code provision requiring a conditionalUSe permit for: a commercial retailcenter; therefore, the. applicant isalso requesting to establish land use conformity for the retaiP center. The: existing commercial center is nbn-conforming in terms of signage and landscaping, both within the parking lot and street setback:. (27) Staff has inGuded standard conditions of approval pertaining to small markets related to site maintenance, seating limitations and window signage limitations. In addition, the Yecommended standard conditions of approval would ensure proper maintenance, landscaping, sanitation and screening of roof-mounted. equipment: FINDINGS::: (28) When practical difficulties or unnecessary hardships resulf from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commpnly enjoyed by other properties in the same vicinity'and zone.' The sole purpose of any variance or waiver is to prevenf discrimination end non shall be approved which would have the effect ofgranting a special privilege cot shared by other similarproperties. Therefore, before any variance or code waiver is granted by the Planning Commission, it shall be shown: (a) That there are special circumstances applicable to the property such as siae shape, topography, location or surroundings, whick do not apply to other identically zoned propertiesln the vicinity; end (b) Thaf strict application of the Zoning Code deprives the property of privileges enjoyed. by other properties under identical zoning classification in the vicinity... (29) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidencepresented shows that all of the following conditibns exist: • (a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined ih 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 mannernot detrimehtal to the particular area or to the health and safety; , (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and Page 7 Staff Report to the Planning Commission May 30, 2007 Item No. 2 (e) That the granting of the conditional use permit under tFie conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the,City of Anaheim. RECOMMENDATION: (30) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolution including the findings and conditions contained herein: (a) By motion,agprove a CEQA Negative Declaration. (b) By motion, approve waiver (b) and deny waiver (a) since it has been withdrawn by the applicant. (c) By resolution, approve Conditional Use Permit No. 2006-05164. Page 8 [DRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION. THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05164 BE GRANTED (508 NORTH EAST STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE SOUTHERLY 249.75 FEET, MEASURED FROM THE CENTERLINE OF SYCAMORE STREET, LYING WESTERLY OF A LINE PARALLEL WITH AND SOUTH 74° 31' 10"WEST 515.00 FEET FROM THE EASTERLY LINE OF LOT 1 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALLFORNIA, AS PER MAP OF SURVEY MADE BY WILLIAM HAMEL IN 1968, AND FILED FOR RECORD IN LOS ANGELES COUNTY, A COPY OF WHICH IS FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, ON PAGES 163 AT SEQ. OF BOOK 3 ENTITLED LOS ANGELES COUNTY MAP. EXCEPT THE SOUTHERLY 5.25 FEET, THE SOUTHERLY LINE OF WHICH IS THE NORTHERLY LINE OF SAID SYCAMORE STREET. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 8, 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 that said public hearing was continued to the March 5, March 19, April 2, and May 14, 2007, Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself. and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Thaf the proposed use is properly one for which a conditional use permit is atithorized by Anaheim Municipal Code Section No, 18.08.030.040.0402 (Alcoholic Beverage Sales-Off-Sale, Markets- Small and Commercial Retail Centers) 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. (a) SECTION NO. 18.42.040.010 Minimum number of oarkino spaces Withdrawn by Applicant (b) SECTION NO. 18.08.060.010.0101 Minimum landscape setback L feet required; 11 feet 9 inches proposed) 2. That the above-mentioned waiver (a) is hereby denied because it has been withdrawn by the applicant. 3. That the above-mentioned waiver (b) is hereby approved as there are special circumstances that apply to the property as the existing building constrains the ability to provide the minimum setback while also providing required parking. Additionally, the modifications to the parking lot would increase the landscaping along East Street and is greater than what is currently provided. The proposed landscape setback enhances the property and brings the property into greater conformance with code. Furthermore, properties in the vicinity along East Street provide less landscaping than what is proposed... Cr1PC2007- -1- PC2007- 4. That the request for conformance with Code for the sales of beer and wine for off-premises consumption within the existing legally non-conforming market would not be detrimental to adjoining land uses as conditioned because the business currently holds .,, Type-20 ABC license and ABC has indicated the business is compliance with the xsting license. In addition, the Police Department indicates that this property received three (3) calls for service within the last year none pertaining to beer or wine sales. 5. That the expansion of the existing market will not adversely affect the adjoining land uses and the growth and development of the area in which the market is located because the use is an existing legal non-conforming market which as conditioned, will not have a negative impact on the surrounding area and because the expansion will comply with code requirements. 6. That the size and shape of the site for the combined uses within the commercial retail center is adequate to allow full development in a manner not detrimental to the particular area nor to the health and safety of the citizens of the City of Anaheim and would comply with all provisions of the Zoning Code. 7. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Thafthe Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that the de;laration 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. tJOW, 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: 1`V That the number of tenant spaces shall be limited to hine (°) as indicated on the site plan exhibit submitted by the applicant. Said information shall be specifically shown on plans submitted for building permits. 2. That a minimum of 77 parking spaces shall be maintained on-site. Said information shall be specifically shown on plans s~:bmitted for building permits: 3. That all fixtures, displays, merchandise and other materials in excess of three (3) feet in height shall be setback a minimum of three :;3) feet from all window arias. Said informatibn shall be specifically shown on plans submitted for building permits. 4. That the trash enclosure shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located, and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubberyr. Said information shall be specifically shown on plans submitted for Streets and Sanitation Division approval. 5. That any new roof-mounted equipment shall be screened from view in accordance with the requirements of the Anaheim Municipal Code Section No. 18.38.170 pertaining to the C-G (General -2_ PC2007- Commercial) Zone. Said information shall be specifically shown on plans submitted for building permits. 6. That four (4) foot high street address numbers shall be displayed on the roof of the main building in a contrasting color to the roof material. The numbers shall be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 7. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 2315 (to permit on-sale beer and wine in an existing restaurant), Conditional Use Permit No. 1409 (to establish a church with waiver of minimum number of required parking spaces) and Conditional Use Permit No. 813 (to permit a restaurant with on-sale beer and wine with waiver of minimum required number of parking spaces) to the Planning Services Division. - -~--.. _.. ....n ~ ncu wl[n: 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 plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. General Conditions: 9• That no outdoor vending machines shall be permitted on the property that are visible to the public right- of-way. 10. That there shall be no public telephones on the premises located outside the building.. 11. That activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 12. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 13. That there shall be no outdoor storage permitted on the premises. 14. 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 shalt 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 addition pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner... 15. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 16. That the parking lot shall be maintained in good condition free df trash and'deb~is. 17. That the sales of beer and wine shall be permitted only between the hours of 7:30 a:m. and 8:30 p:m; 18. That the sales of beer and wine shall not exceed thirty-five percent (35%) of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis showing the separate amounts of sales of beer and wine and other items. These records shall be subject to audit, and made available, when requested by any City of Anaheim official during reasonable business hours. -3- PC2007- 19, That no advertising of beer or wine be located, placed or attached to any location outside the building, and that any such advertising shall not be audible (interior or exterior). 20. That no beer and wine shall be consumed on the premises... 21. That no video, electronic or other amusement devices or games shall be permitted anywhere on the subject property unless required permits are obkained from the Business License Division. 22. That no display of beer or wine shall be located outside the building or within five (5) #eet of any public entrance to the building_ 23. That the areas of beer or wine displays shall not exceed twenty-five percent (25%) of the total display area in the building. 24. 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. 25. That no wine shall be sold in bottles or containers smaller than 750 ml: 26. 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. 27. That no person under eighteen (18) years of age shall sell or be permitted to sell any alcohol. 28. That the possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. 29. 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.. 30. 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 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. _4_ PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 30, 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. ATTEST: CHAIRMAN., ANAHEIM PLANNING COMMISSION 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 May 30, 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 da of _, 2007. y SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5 PC2007- May 11 2007 L6: 54 HP LR9ERJET FRk 714 963 4600 p.l Attachment -Item iVo. 2 SECTION 4 PETITIONER'S STATEMENT OF lUST]FICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKQdG WAIVER) REQUEST FOR WAIVER OF CODE SECTION: _ / ~ . O ~ p(~ ~ I Q ~~ ~ ~ (A sepazate statement is required for each Code waiver) PERTAIN WG TO: G n ~ c i nI A Jtil _ 1~-~~~. a t.'~ -.•v ,c ;iT ST Sectiens ] 8.03.040.D30 end 18. ] 2.060 of the Anaheim Municipal Coda require that before any variance or Code waivcr may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: l • That there are special circumstances applicable to the property, including sip, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification In the vicinity; g0¢ 2, That, because of such special circumstances, strict application of the zoning coda 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 [o assist the Zoning Administrator ar Planning Commission to arrive at a decision, p[eese answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible, If you need additional space, you may attach additional pages, 1. Ara theca special citro that apply to the property in matters such assize, shape, topography, location or surroundings? _ Yes No. If your answer is "Yes; ' describe the special circtunstances: 2. Are the special circtunstences that appl to the property different from other properties in the vicinity which ere in the same zone es your property? _ yes Nc If your answer is'ges,"describe how the pmpatiy is different: 3. Do the spacial cin:umstences applicable to the pre rty deprive it of privileges currently enjoyed by neighboring properties located whhin the same zone? _Yes ~No If ybur answer if "yes; 'describe the special ciratunstances: 4. Wen: the spa ial circumstances created by causes beyond the control of the property owner (or previous property owners)?Yes _ No EXPLAIN: ~Ie;~r-r,aY~ w1eg,J _ not ~~ rxlr' jy~ The sale puzpase of any variance ar Code waiver shall be to prevert discrimination, and no variance ar 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 wne which is of otherwia expressly atrthorized by zone regulations governing subject property. Use variances are not permitted. 0 ope Owoer or Authorized Agent Date CONDITIONAL USE PERNIITNARiANCENO. ZoCfo - OS/6oy~ 7Ta?51nECffiNBP.R t2, 2000 item No. 3 6 ]9 0 0 6 iB 1bU EACH V~SPi BB-01 O m.! 1 DO EACH ~ GGISL) G m ~ Z PCL ]0.]632 1 011 E ACH ~/ A T-CGP 2006WZOB ~ E ~ Z CVP T)50 M 0550 m F ELO IN b OSE B<, ; FAIR I N F. o (L ANAHEIM HILLS GGIGCI CW 3305 C° ~. PLL>i-02-21 LIIP Z92 CUP 3218 ~ ~~ y RLL 6)dS55 CUP 3001-05181 LUP 3315 D 2 GUP 2004d65ifi e cuP iii O RS3 i-cM 2aNdd o9 CVP2003-06)60 LUP 1)95 ZI 3GU EACH UNYONPLA3A LUP 2001-06128 ENfEP CUP 1R) HE 4A SHGPPWG L LUP 2001-06108 0 6d ~ O~SE cUP Z5aad4z41 810 VAR Z 0 VM g233 ~LEEH T-GUP ZOO6G4200 CUP 6051 VAR420B WP]>1B cw 4531 LUp ]iq) VAR ZBJB VAR 2502 LUP ]8)Z CUF ]BZB GW 3028 LUp BgpO VAR 2]10 PLN 2007-00033 R53 H 1 cuP ~ CUP 3x21 UEPL / ] 2 1 CUP ]21B ~ CUP 3244 W ZOOSD18i0 vaR4z3z J~ VAR1305 / \ VAR 2310 VAR 3040 ~zst / \ N xSBidm]] N R~P~ uc ~ 1/ I V\ ANYO t~ ~H ' P AN C v~~H TP 5PN x ~1 ~~yc ALL PROPERTIES ARE IN TH E SCENIC CORRIDOR (SC) OVERLAY ZONE Conditional Use Permit No. 2003-04800 "s Subject Property TRACKING No. 2007-05199 Date: May 30, 2007 Requested By: ELLAS PROPERTIES, INC. Scale: Graphic Q.S. No. 106 VIA CORTEZ -MERCEDES BENZ OF ANAHEIM HILLS tozst ~o ` GF \ ~y~GY a N Phola: Conditional Use PermYNo. 2003-04800 TRACKING No. 2007-05199 Requested By: ELLAS PROPERTIES, INC. VIA CORTEZ -MERCEDES BENZ OF ANAHEIM HILLS Subject Property Date: May 30, 2007 Scale: Graphic Q.S. No. 108 10261 I Staff Report to the Planning Commission May 30, 2007: Item No: 3 3a. r CEQA MITIGATED NEGATIVE DECLARATION :> PREVIOUSLY APPROVED) fREADVERTISED) 3b: WAIVER OF CODE REQUIREMENT (Motion) 3c. CONDITIONAL USE PERMIT N0.2003-04800 (Tracking No. CUP2007-05199):. ' (Motion) (Resolution) -SITE LOCATION AND DESCRIPTION: (1) This 5,7-acre property is identified as 200 North Via Cortez and is occupied by Mercedes- Benz of Anaheim Hills. The property owner and applicant is Mercedes Benz of Anaheim. REQUEST• (2) The applicant requests approval to amend plans and conditions of approval for a previously-approved automotive sales dealership tq permit additional signs, and modify the elevations' under the authorityof Code Section No. 18:60.190.030 (Amendment of Permit Approval) with waivers of the following provisions:. (a) SECTION N0. 18.08.060.010.0101 Minimum landsca a setback - (10 feet recuired• 5 feett oro`osed) (b) SECT~NO 18.18.09O.p1001~1 Minimum structural setback. Withdrawn b_ v a_ p~a~t (c) SECTION NO. 18.18.090.050.0501 Maximum number of wall si ns Withdrawn b-amt (d) SECTION NO. 18.44.110.010. Maximum number type and size of si ns L square feet permitted for window signs; 720 square feet proposed) 'The prior request to construct a canopy and outdoor vacuum facility has been withdrawn, BACK p. (3) ' This item was continued from the April 30, 2007, Planning Commission meeting to allow the applicant Nme to modify plans, address issues raised by the Planning Commission and to allow staff to research Planning Commission's concerns. (4) This property is currently developed with an automobile dealership and is located within the General Commercial, Scenic Corridor Overlay zone C-G SC ( ( )). The General Plan designates this property and properties to the east for Low Density Residential land uses: Properties to the south and west are designated for Neighbdrhood Commercial land uses; PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 2003-04800, a request to permit an automotive sales business, was approved by the City Council on February 10, 2004: The a pproval included accessory roof-mounted equipment with a shuctuFai fieighf of 32 feet with Case Planner: Scott Koehm Srwp2007-05199gsk, doc Page 1 ;I 1 Staff Report to the Planning Commission May 30, 2007.: Item No. 3 waivers of a) maximum number of wall signs, b) maximum structural height adjacent to asingle-family residential zone, c) minimum structural settiack adjacent to a freeway and d) required landscape setback adjacent to an interior site boundary line abutting a residential zone,:. (b) General Plan Amendment No: 2001-00415, a request to amend the Land Use Element of the Anaheim General Plan to redesignate the property from the Hillside Low-Medium Density Residential land use designation to the General Commercial land use designatidn and Reclassification No: 2003-00113; a request to reclassify the property from tfie Residential, Single-Family; Scenic Corridor Overlay (RS-zo Oe Were (SC)) zone to the Commercial Limited; Scenic Corridor Overlay (CL (SC)) approved by the City Council on February 10, 2004. (c) 'Subsequent permits have been issued pertaining to final elevation plans, time extensions and substantial conformance determinations. PROPOSAL: (6) Since the April 30, 2007 Commission meeting, the applicant has modified their request. The changes are in bold as follows: (a) ; Increase a previously approved waiver bf minimum landscape setback requirements adjacent toasingle-family residential zone along the south property line for storage of vehicles. The minimum required setback is 10 feet; the applicant is proposing 5 feet. Tfie prior approvals allowed setbacks ranging from zero to 10 feet along. the ' south propertyJine. The reduced setback was approved along the driveway south of the showroom building and adjacent to some vehicle display areas. (b) The waiver request to permit a second wall sign has been withdrawn by the applicant. (c) Amend Condition No, 8 of Resolution No. 2004-26 to permit signs on two elevations of the vehicle preparation building. This condition reads: "8. That the petitioner shallsubmit a Final Site Plan to the Zoning Division for review and approval: Said plan shall show no signage on the vehicle p~eparatioh building. Any decision made by the Zoning Division regarding the Final Sign Plan may be appealed to the Planning Commission or City Council. Said ' information shall be specifically shown on the plans submitted for building permits" The applicant is requesting four signs within a window area on the north elevation of the vehicle preparation building to display images of Mercedes-Benz vehicles, and the relocatioh of the approved Mercedes-Benz!'star" logo wall sign. from the showroom building to the east elevation of the vehicle preparationbuilding. The applicant has submitted revised elevation plans indicating a new location for the proposed relocation of the star logo wall sign. (d) The request for waiver of building'setback requirements to permit two canopies and a vacuum facility has been withdrawn by the applicant. Case Planner: Scott Koehm Page 2 Srcup2007-051998 sk.doc Staff Report to the Planning Commission May 30, 2007 Item No. 3 (7) The site plan indicates an existing automobile dealership sales building, vehicle preparation building, vehicle display areas and employee parking areas (refer to site plan, Exhibit No. 1). Vehicular access is provided via one driveway on Via Cortez: `A five (5) foot wide landscape planter is proposed along the south property line`adjacenf to vehicle: display areas over the: flood control channel. These vehicledisplay areas are located south and east of the vehicle preparation building and east of the main entry. This area was previously shown as an open flood control channel adjacent to the residential zone boundary with a 10-foot landscape: setbacknorth of the channel. (8) The applicant proposes'to retain a 49 s.f. Mercedes-Benz star sign on the east elevation of the: vehicle preparation. building which was relocated from the showroom building. The prior approvalallowed the sign on the east elevation of the showroom building, but it was - installed on the vehicle preparation' building. ;Code permits one'sign per business unit; however, a condition of approval from the original permit stipulated no signs on this building. (9) Elevations also propose displays within a shallow window area depicted in the following photograph. The displays would be 180 s,f. each and include'high quality graphics of vintage Mercedes-Benzvehicles, The naturebf these display areas is unique because they are neither considered wall signs nor window signs: Due ofahe size and shape ofahe property, this building cannot accommodate display space insideahe building. This design feature allows'for the intent of the display of vehicles through glass windows'where otfierwise vehicles could`not be shown: Furthermore; the images of vehicles behind the windows provide a prefe?red alternative to the view inside the vehicle preparation tiuilding. Staff concurs with the applicant iri that the images are not intended asadvertising but are an enhancement to the blank wall elevation facing the'freeway: Conditions fdr this waiver specifically restrict thehature and type of image display in these windowsand explicitly prohibit any form of text or imagery that would serve td advertise any sale or promotional activity. Case Planner: Scott Koehm Srcup2007-05199gsk.doc Page 3 l Staff Report to the Planning Commission May 30, 2007 Item No. 3 (14) The north elevation of the vehicle preparation building has been constructed with 4 "windows with a blank building wall 4 feet directly behind these wihdows: The car:wash tunnel behind this elevation is not visible from the windows. `The applicant is proposirig to display high quality graphicsaf historical Mercedes-Benz vehicles and scenesph the wall behind these windows and states that these graphics would serve to enhance the elevation and not serve as signage. Because the signs are notaffixed to the exterior wall of the building, they would not be considered wall signs. Since the signs would not be attached to the window; they are technically not window signs by the stricf interpretation df the node. Staff believes that the signs would functidnlike window signssince they would be clearly: visible through the window and believes it appropriate to apply the window sign standard tb these proposed signsr' Code allows windbwsigns nofto exceed'ten (10) percent of the 'window area, which' is72 square feet for these windows. The proposed signs would total 720 square feet. Since the signs would feature graphic images of vehicles, fhe display would be similar town actual window looking into a showroom; these window signs are unique to this land use: Staff would be supportive of this request provided the sign panels 'were limited to graphicdepictions of vehicles and' did hot include text. A cohdition of _ approval has been added td limitthe signs permitted.'' (15) At the April 30, 2007; hearing, an adjacent resident brought'up concerns to the Commission about'spill overof light from the dealership onto the second story of "their residence. Since the meeting, staff walked the dealership with`the applicant and witnessed a reduction in')ighting adjacent to the residences. The applicant demonstrated that of 8:30 p.m~ the lighting was shut off on alternatelight poles. Lighting designed to illuminate the showroom building wasalso reduced on the second story. At theirequest of the resident who appeared at the public hearing, `staff visited his home in the evening to observe the light from the dealershipC Staff also visited'one other residence across from the vehicle preparatiodbuilding. ,There was still measurable light cast onto the second story of the residences even after the reductios in lighting at the dealership.; Staff observed thatthe lights acrossthe parking tot,: adjacent to 4he 91 Freeway were directed away from 4he freeway which resulted in glare onto the adjacent residences. The light source was also visible from the'single-family homes due to the height of the light. (Light was coming from the interior of the showroom building and the south elevation on the first floor: Staff recommends directing all parking lot fighting downwards, with appropriate shielding of the light source from the residentfai boundary; the elimination of ighting at the south elevation of the showroom building and the reduction of lighting inside the 'showroom building or use of the window shades. Staff further recommends that for the vehicle'preparatfon building, the lights insidethe building should be turned off at night, or the doors should be closed, Staff has discussed these recommendations with the applicant and they have started making these changes. FINDINGS: (16) Before the Commission grants any major modification to a conditional use permit, if must make a fihtling of fact that the evidence presented shows thafall of the following conditions exist: (a) That the modification of use is properly one for which a conditionalUse permit is authorized by the Zoning Code, or is an uniisteduse as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Apprdval Authority); Case Planner: Scott Koehm Srcup2007-05199gsk.doc Page 6 Staff Report to the Planning Commission May 30, 2007 Item No. 3 (b) That the modification will hot 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 of111e proposed use in a manner nofdetrimental to tfie particular area or to the health and safety; (d) That the traffic generated by the modified use will not impose an undue burden upon theatreetsand highwaysdesigned and improved to carry the traffic in the area] and (e) That the granting of the modifications under the conditions imposed will not be detrimental to the health and safety of thepitizens df the City bf Anaheim. (17) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification may be granted for hepurpose ofassuring that no' property, because of special circumstances applicable to it; hall be deprived bf privileges: commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any :variance orcode waiver is to prevent discrimination a~dnone shall be approved whicfi would have the effect of granting a special' privilege not sharedbyother similar properties. Tfterefore, before any variance or code waiver is grahted by the Planning Commission, it shall be shown: (a)> That there are special circumstances. applicable to the property such as size, ; shape; topography, location or surroundings,which do not apply to'other identically zoned properties in the Vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classificatioh (n the vicinity: RECOMMENDATIONi {18) Staff recommends that the Planning Commission take the following actions as indicated in the'attached resolutions including tfie fihdings and dohditidns'contaihed therein: (a) By motion, determine that the previously-approved Mitigated Negative Declaration is the appropriate environmental determination; (b) ! By motion, denv waivers (a), (b) and (c) and a rove waiver (d). (c) By resolution, approve in Dart, the request to modify Conditional Use Permit No. 2003-04800 (Tracking No. CUP2007-05199), THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THIS PERMIT AS REQUESTED BY THE APPLICANT AND ALL ASSOCIATED WAIVERS ARE APPROVED. Bold denotes modified or new condition. Stfike~eaQJ} denotes condition has and is not required with this approval Case Planner: Scott Koehm Srcup2007-05199gsk.doc Page 7 Staff Report to the Planning Commission May 30, 2007 Item No. 3 Prior to issuance of a building permit or within a period of one 11) year from the date of this resolution, whichever occurs first, the following conditions shall be complied with: 1. That the property owner/developer shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No: 122 created specifically for this project, and. for complying witfi the monitoring and reporting requirements establisfied by the City in compliance with Section21081.6 of the Public Resources Code. Furthermore; the property.. - owner developer shall be respbhsitile for any direct costs associated with the monitoring and Yeporting7equirements to ensure implementation bf the mitigation measures identified in Mitigation Monitoring Plan No: 122; which are made a part of these conditions of approval by reference. 2. That the applicant shall submit a Final Sign Plan to the Planning Services Division for review and approvat: Any decision made by the Planning Services Division:regarding the Final Sign Planmay tie appealed to the. Planning Commission or City Couhcil Said infbrmation shall be specifically shbwnon the plans submitted for building permits. 3. That trash storage areas. shall be provided and' maintained in locations acceptable to the Public Works Department;Streetsahd Sanitation Division and in'accordance with'approved plahs on file with said Department.-'Said storage areas shall be designed, Ibcated, and screened so as not to be readily idehtifiable from adjacent streets or highways. Thewalls of the storage areas shall be protected from graffiti opportunities by the use of plants such as minimum one gallon sized clingingvinesplantednn maximum three (3) foot centersortall shrubbery. Said information shall be specificallyshown on the plans submitted for building permits. 4: That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Putilic Works. Department Streets and Sanitation Division for review and approval. 5: That the design and placement of any proposed security bollards shall be submitted to the Planning Services Division for.review ahd apprdval: Any decision made by the Planning ServicesDivisioh regarding suchplan may be appealed to thePlanhing Commission br City CbunciL Said information shall be specifically showh on the plans submitted for building permits. 6. That a plan showing the methods for preventing light from' inside the main building from shining onto residentiaLlots to the south shall be submitted to the Zoning Division for review and approval Any decision made by the Zoning Divisidn regarding said plan may be appealed to the Planning Commission or City CounciC Said information shall be specifically shown on the plans submitted for building permits:: 7. That all roof and/or ground mounted equipmenfshall be contained within an acoustical enclosure and shall be completely screened from visibility to surrounding properties streets and the SR 91 Riverside Freeway in conformance with subsection 18:84:062.030:032 of Section 18.84:062 of the Anaheim' Municipal Code pertaining to developmeht standards for roof mounted equipment in the (SC) Scehic Corridor Zone Overlay Said information shall be specifically shown on the plans submitted for building permits. 8: That a Final Landscape and Fencing Plan for the entire site specifying type size and location of proposed landscaping irrigation and fencing shall be submitted to the Planning Services' Case Planner: Scott Koehm Srcup2007-05199gsk.doc Page 8 Staff Report to the Planning Commission May 30, 2007 Item No. 3 Diviaon for review and approval. Any decisionmade by the Zoning Division may be appealed to the Planning Commtssioh dr City Council; Said information shall be specifically shown on the plahs submitted for 6uildingpermits. Said plan shall include landscape screening for the north side of thebehiclepreparation building to eliminate graffiti opportunities. 9. Thatbecause this project has landscaping areas exceeding two thousand five hundred (2500) square feet, a separate irrigation metePshall be iristalled in compliahce with Chapter 10.19 (Landscape Weter Efficiehcy) ofAhaheim Municipal Code ahd Ordinahce fVd~ 5349:' Said information shall be specifically showh on theplans submitted for building permits. 10. That anon-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail Nd: 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division: Said tum arduhd area shalt 6e specifically shown bn the plans submitted for building permits. 11. That the locations for future above ground utility devices including but not limited to electrical transformers water backflow devices gas cdmmunicatiohs'snd cable devices etc shall be shown on the plans submitted for building permits: Such plans shall also Identify the specific screening treatment of each device (i:e:, landscape screening colds of walls materials identifiers access'points, etc.) and shall be subject to review and approval bythe appropriate City departments. 12. That plans shall tie submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standartl Plan Nos. 436; 601, and 602 pertaining to parking standards and driveway locations, Subject property shall thereupon tie developed and maintained in conformance with. said approved plans. ` 13. (a) That the plans submitted for building permits shall include information demonstrating that the lighting from the signs sfiall not cause excessivelight andlor glare towards the residences to the south. (b) That the on site advertising signs shall be illuminated only during hours of operation: 14, That any required relocation of City electrical facilities shallbe at the developer's expense: Landscape and/or hardscape screening of all pad mounted equipment shall. be required and shall be shown on the plans submitted for building permits: 15. i That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material: The numbers shallhot tie Visible to adjacenYstreets or properties. Said tnformation`shalf be specifically shown oh'plans submitted to the Police. Department, Community Services Division for review and approval.: 16. That prior to commencemenfof business at this location orprior to occupancy of the building ? whichever occurs :first: the applicantshall file an Emergency Listing Card Form APD' 281with the Anaheim Police Department. Prior to issuancebf grading permit or within aberiod of one (71 year whichever occurs first the follow~no eondihons shall be complied with: Case Planner: Scott Koehm Srcup2007-05199gsk.doc Page 9 Staff Report to the Planning Commission May 30, 2007 Item No. 3 17. That the developer shall submit a grading plan to the Public Works Department Development Services Division for review and approval.: Grading shall conform to the requirements of Chapter 17.06 Grading, Excavations, ahd Fills ih Hillside Areas of the Anaheim Municipal Code. 18. Thatprior to commencement of any construction all necessary permits required by the State of California shall tie obtained to develop over the flood control channels. 19. ThaYany lighting adjacent to the south property line shall be arranged and directed so as to reflect the light away from the adjoihing7esidential properties and hall not exceed a height of twelve (12) feet; provided, however, that the lighting adjacent to the freeway maybe increased to a height not to exceed eighteen (18) feet if said. height increase has the same lighting affect on the adjoining residential properties to the south as twelve (12) foot high light standards would haveL Said information shall be specifically shown on the plans submitted for building permits. 20: That all plumbing or otfter similar pipes and fixtures located on the exterior of the building shall be fully screened. by architectural devices and/or appropriate building materials and that such information shall be pecifically shown' on the plans submitted for building permits. 21. That the legal property owner shall prepare a Water Quality Management Plan WQMP specifically identifying the best management practices that willbe used on site to control predictable pollutants from storm water runoff.: The WQMP shall be submitted to the Public Works Department Development Services Division foEreview'and approvalprior to'obtaining a grading permit. Prior to final building and zoning inspections the following conditions shall be complied with: 22. (a) , That the developer shall submit street Improvement plans for the intersection of Via Cortez and the driveway to the commercial center on the west side of Via Cortez to the Public Works Department bevelopment Services Division far review and approvaC (b) :::That said street improvements as approved shall be installed prior to final zoning and building ihspections. General Conditions: 23. That all lighting on the dealership site shall be reduced to minimize impacts to adjacent . residents to the greatest extent possible. All lights shall be shielded to hide the light source from view. At 8:30 p.m. lighting along the residentia(boundary shall be reduced and; lighting: illuminating the showroom' and vehicle preparation building shall be eliminated. 24. That timing for eompliance 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 approvad structure. 25. That the four signs on the north side of the vehicle preparation building shall be limited to high quality graphics depicting images of Mercedes-Benz vehicles only. No text of Case Planner: Scott Koehm Srcup2007-05199gsk.doc < Page 10 l Staff Report to the Planning Commission May 30, 2007 Item tJo. 3 any kind shall be permitted on the signs No advertising of sales, promotions, or any other form of advertising is permitted on these signs.> ; 26. That no required parking area shal(be fenced or otherwise enclosed for storage or other outdoor use. 27. Thatoutdoor special events shall be subject to review and approval by Zoning Divisioh staff and sfiall be conducted in a manner that will not adversely affect the adjpining residential land uses,: Any decision made by the Zoning Division regarding such an event may be appealed to the Planning Commission or City Council as a Reports and Recommendations :item. 28. That only light vehicle preparation shall be permitted and that no repair or maintenance work shall bepermitted: 29. That a plan for test driving new vehicles at this site shall be submitted to the City Traffidand Transportation Manager for review and approval. Said plan.. shall incorporate a testdriving route that does not include any residential streets and the plan shall be implemented continuously during the course of the operations permitted. under this Conditional Use Permit. 30. That vehicles shall not be delivered by automotive transport trucks. 'All inventory shall be independently delivered to this site (i:e:, each vehicle shall be individually driven to this site). 31. That the property shall be permanently, maintained in an orderly fashion through,the provision of regular landscaping maintenance removat of trash or debrisahd removal ofgraffiti within twenty four 24 hours fromaime of occurrence. 32 That any tree and/or landscaping planted on site shall be replaced in a timely manner in the event that it is removed damagetl diseased and or dies. 33. ' That the water backflow equipment shall be above ground and located outside the required. streetsetback area and fully screened from all public streets. Any other large watersystem equipment shall be installed to the satisfaction of the Water Engineering Division' in either underground vaults or outside the required street setback area ih a manner fully screened from all public streets. Said information shall be specifically hown omplans submitted tolhe Water Engineering and Cross Connection Inspector for review and approval: 34. That the accessory car wash building shall comply with all state laws and local ordinances for Water Conservation Measures. 35. That the developer owner shall submits set of improvement plans to the Public Utilities Water Engineering Division for reviewand approval to determine the conditions necessary for providing water service to the project. 36. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent publiCStreet. Installation of any gates shall conform to Engineering Standard Plah tJo. 609 and shall be subject to review and approvalby the City Traffic and Transportation Manager. 37. That prior to submittal of the water improvement plans the developer owner shall'submit a water system master plan including a hydraulic distribution network analysis to the Public Utilities WaterEngineering Division for review and approval. The master plan shall Case Planner. Scott Koehm Srcup2007-05199gsk:doc Page 11 I Staff Report to the Planning Commission May 30, 2007: Item No. 3 demohstrate the adequacyof the proposed on-site water system to meet the projects water demands and fire protection requirements. - 38. Thal prior to application for water meters dr fire lines dr submitting the water improvement plans for approval the developer owner shall submit ah estimate of the maximum fire flowrate and the average day maximum day and peak hour water demands for this project to the Public lJtilities Department Water Engineering Division'. This ihformation will be used to determine the adequacy df the existing watersystem to provide for the estimated water demands: Any off site water system improvements required to serve the project shall tie ihstalled in'accdrdance with Rule No: 15A.6of the WaterUtility Rates Rules and Regulations. 39. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easemeht shall be submitted to the City of Anaheim prior to connection of electrical service. 40. That the daily hours bf operation shall be limited to lam to 9 pm as stipulated by the applicant. 41: That no loud speakers shall be permitted. 42. That. no off-site'signage shall be permitted. 43. That subjecfproperty shall be developed substantially in accordance with plans and specifications submitted to the Cityof Anaheim by the applicahf and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 10 and Revision 1, of Exhibit No. 1, _` and as conditioned herein'including that the maximum stNctural heighYshall be thirty two (32) feet: 44. Thafapproval of this application constitutes approval of the proposed request only to the extent thatit complies with the Ahaheim Municipal Code and any other applicable City, State and Federal regulations; Approval does not include anyaction or findings as to compliance or approval of the request regarding anybther ordinance, regulatibn or requirement. 45. 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 br approved structure. Case Planner. Scott Koehm Srcup2007-05199gsk.doc Page 12 [®~tAFr~ 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. 2003- 04800 AND AMENDING RESOLUTION NO. 2006R-26 (TRACKING NO. CUP2007-05199) (200 NORTH VIA CORTEZ) ' WHEREAS, on February 10, 2004, the Anaheim City Council did, by its Resolution No. 2006R- 26, granted Conditional Use Permit No. 2003-04800 in part, to construct an automotive sales dealership with accessory roof-mounted equipment with a maximum structural height of 32 feet; and included the following condition: "8: That the petitioner shall submit a Final Site Plan to the Zoning Division for review and approval. Said plan shall show no signage on the vehicle preparation building. Any decision made by the Zoning Division regarding the Final Sign Plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits" WHEREAS, the property is developed with an automobile sales dealership and is within the C- G (General Commercial) Zone. The Anaheim General Plan designates this property for General Commercial land uses; and is situated in the City of Anaheim; County of Orange, State of California, described as: ..PARCEL 2 IN THE CITY OF ANAHEIM; AS PER MAP RECORDED IN BOOK 225, PAGES 20 THROUGH 22; OF PARCEL MAPS; IN THE OFFICE OF THE COUNTY. RECORDER OF SAID COUNTY; and WHEREAS, the applicant has requested an amendment to this conditional use permit for modify exhibits and conditions of approval for a previously approved automobile sales dealership, to permit additional signs, modify the elevations and construct canopies and an outdoor vacuum facility; WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 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 that said public hearing was continued to the May 30, 2007, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: L .:..That the request to modify exhibits and condttions of approval for apreviously approved automobile sales dealership; to permit additional signs, modify the elevations and construct canopies and an outdoor vacuum facility is properly one for which a conditional use permit is authorized by Section 18:60.190.030 of the Zoning Code with waivers of the following provisions: (a) SECTION NO. 18.08.060.010.0101 : Minimum landscape setback 10 feet required; 5 feet proposed) (b) SECTION NO. 18.18.090.010.0101 Minimum structural setback Withdrawn by applicant (d) SECTION NO: 18.18.090:050.0501 Maximum number of wall signs Withdrawn by applicant (d) SECTION NO. 18.44.110.010. Maximum number, type and size of C R\PC2007- -1- PC2007- signs 72 square feet permitted for window signs; 720 square feet proposed) 2. That the requested waiver (a) is hereby denied. The site plan could be modified to provide the additional five feet of landscaping along the south property line because the site is not constrained by structures where this waiver is requested. The site design can be modified to accommodate code requirements and prior plans showed compliance with the landscape setback requirements. 3. That waivers {b) and (c) are hereby denied because they have been withdrawn by the applicant. 4. That the requested waiver (d) is hereby approved, to allow 4 window signs on the north elevation of the vehicle preparation building, providing an artistic enhancement to a blank building wall. without text imagery. The images shall be of vehicles and not contain any advertising of promotional pricing, sales, dates, or events and would be consistentwith other types of vehicle display permitted on the property, 5. That the modification to Condition No. 8 to allow the. relocation of the Mercedes-Benz logo from the showroom building to the vehicle preparation building and the request to amend the building elevations for the vehicle preparation building to allow display windows are approved. The previously approved sign waiver permits the sign and this request relocates the sign to another building within the same development. The windows on the north elevation of the vehicle preparation building serve the same purpose as windows that would open into a showroom to showcase the vehicles for sale. The windows are designed to complement the architecture of the existing and enhance the elevation:. 6. That the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the trafficin the area as the site is located within an industrial area at the intersection of twd arterial highways: Tfie proposed modifications would not generate any additional trips and therefore, would not create an increased demand on the streets and highways in the vicinity; and 7. That *" indicated their presence at said public hearing in opposition;' and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit additional signs, modify the elevations and construct canopies and an outdoor vacuum facility and does hereby find that the Mitigated Negative Declaration previously-approved in connection with Conditional Use Permit No. 2003-04800 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study. and any comments received that there is no substantial evidence the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does hereby approve in part, the request to modify exhibits and conditions of approval for a previously approved automobile sales dealership to modify the elevations to permit a wall sign on the vehicle preparation building. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend the conditions of approval in Resolution Nc. 2004R-26 pertaining to Conditional Use Permit No. 2003-04800 in their entirety to read as follows: Bold denotes modified or new condition. Strikethreugh denotes condition has been met since previous'apprbval and/br is not required with this approval -2- PC2007- 1. That the property owneNdeveloper shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No. 122 created specifically for this project, and for complying with the monitoring and reporting .requirements established by the City in compliance with Seckion 21081.6 of the Public Resources Code. Furthermore, the property owner developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 122, which are made a part of these conditions of approval by reference: 2. That the petitioner shall submit a Final Sign Plan to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding the Final Sign Plan maybe appealed to the Planning Commission or City Council Said information shall be specifically shown on the plans submitted for building permits. 3. That trash storage areas shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved ,plans on file with said Department. Said storage areas shall be designed, located, and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plants such as minimum one gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits.. 4. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department Streets and Sanitation Division for review and approval. 5. That the design and placement of any proposed security bollards shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding such plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits: 6. That a plan showing the method 's for preventing light from inside the main building from shining onto residential lots to the south shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 7. That all roof and/or ground mounted equipment shall be contained within an acoustical enclosure and shall be completely screened from visibility to surrounding properties streets and the SR 91 Riverside Freeway in conformance with subsection 18.84.062.030.032 of Section 18.84.062 of the Anaheim Municipal Code pertaining tc development standards for roof mounted equipment in the (SC) Scenic Corridor Zone Overlay Said information shall be specifically shown on the plans submitted for building permits. 8. That a Final Landscape and Fencing Plan for the entire site specifying type size and location of proposed landscaping irrigation and fencing shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division maybe appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. Said plan shall include landscape screening for the north side of the vehicle preparation building to eliminate graffiti opportunities: 9. That because this project has landscaping areas exceeding two thousand five hundred (2500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 -3- PC2007- (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits.,.. 10. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn around area shall be specifically shown on the plans submitted for building permits. 11. That the locations for future above ground utility devices including but not limited to electrical transformers water backflow devices gas communications and cable devices etc shall be shown on the plans submitted for building permits. Such plans shall also identify the specific screening treatment of each device (i.e., landscape screening color of walls materials identifiers access points, etc.) and shall be subject to review and approval by the appropriate City departments. 12. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 60.1, and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 13. (a) That the plans submitted for building permits shall include information demonstrating that the lighting from the signs shall not cause excessive light and/or glare towards the residences to the south. (b) That the on site advertising signs shall be illuminated only during hours of operation. 14. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required and shall be shown on the plans submitted for building permits. 15. That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division for review and approval 16. That prior to commencement of business at this location or prior to occupancy of the building whichever occurs first, the applicant shall file an Emergency Listing Card Form APD 281with the Anaheim Police Department. Prior to issuance of grading permit or within a period of one (11 year whichever occurs first, the following conditions shall be complied with: 17. That the developer shalt submit a grading plan to the Public Works Department Development Services Division for review and approval. Grading shall conform to the requirements of Chapter 17.06 Grading, Excavations, and Fills in Hillside Areas of the Anaheim Municipal Code. 18. That prior to commencement of any construction all :necessary permits required by the State of California shall be obtained to develop over the Flood control channels, 19. That any lighting adjacent to the south property line shall be arranged and directed so as to reflect the light away from the adjoining residential properties and shall not exceed a height of twelve (12) feet; provided., however, that the lighting adjacent to the freeway may be increased to a height not to exceed eighteen (18) feet if said height increase has the same lighting affect on the adjoining residential properties to the south as twelve (12) foot high light standards would have. Said information shall be specifically shown on the plans submitted for building permits. -4- PC2007- 20. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices.and/or appropriate building materials and that such information shall be specifically shown pn the plans submitted for building permits. 21. That the legal property owner shall prepare a Water Quality Management Plan WQMP specifically identifying the best management practices that will be used on site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department Development Services Division for review and approval prior to obtaining a grading permit:: Prior to final building and zoning inspections the following conditions shall be complied with- 22. (a) .That the developer shall submit street improvement plans for the intersection of Via Cortez and the driveway to the commercial center on the west side of Via Cortez to the Public Works Department Development Services Division for review and approval. (b) That said .street improvements as approved shall be installed prior to final zoning and building inspections. General Conditions: 23. That all lighting on the dealership site shall be reduced to minimize impacts to adjacent residents to the greatest extent possible. All lights shall be shielded to hide the light source from view. At 8:30 p.m. lighting along the residential boundary shall be reduced and lighting illuminating the showroom and vehicle preparation building shall be eliminated. 24. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (1) 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 structure.. 25. That the four signs on the north side of the vehicle preparation building shall be limited to high quality graphics depicting images of Mercedes-Benz vehicles only. No text of any kind shall be,permitted on the signs. No advertising of sales, promotions, or any ..other form of advertising is permitted on these signs. 26. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use... 27. That outdoor special events shall be subject to review and approval by Zoning Division staff and shall be conducted in a manner that will not adversely affect the adjoining residential land uses. Any decision made by the Zoning Division regarding such an event may be appealed to the Planning Commission or City Council as a Reports and Recommendations item. 28. That only light vehicle preparation shall be permitted and that no repair or maintenance work shall be permitted. 29. That a plan for test driving new vehicles at this site shall be submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall incorporate a test driving route that does not include any residential streets and the,plan shall be implemented continuously during the course of the operations permitted under this Conditional Use Permit. 30. That vehicles shall not be delivered by automotive transport trucks. All inventory shall be independently delivered to this site (i.e., each vehicle shall be individually driven to this site). -6- PC2007- 3T. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance removal of trash or debris and removal of graffiti within twenty four 24 hours from time of occurrence. 32. That any tree and/or landscaping planted on site shall be replaced in a timely manner in the event that it is removed damaged diseased and or dies. 33. That the water backflow equipment shall be above ground and located outside'the required street setback area and fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either. underground vaults or outside the required street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Inspector for review and approval 34. That the accessory car wash building shall comply with all state laws and local ordinances for Water Conservation Measures: 35. That the developer owner shall submit a set of improvement plans to the Public Utilities Water Engineering Division for review and approval to determine the conditions necessary for providing water service to the project. 36: That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager. 37. That prior to submittal of the water improvement plans the developer owner shall submit a water system master plan including a hydraulic distribution network analysis td the Public Utilities Water Engineering Division for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and Fire protection requirements. 38. That prior to application for water meters or fire lines or submitting the water improvement plans for approval the developer owner shall submit an estimate of the maximum fire flow rate and the average day maximum day and peak hour water demands for this project to the Public Utilities Department Water Engineering Division.. This information will be used to determine the adequacy of the existing water system to provide for the estimated water demands. Any off site water system improvements required to serve the project shall be installed in accordance with Rule No. 15A.6of the Water Utility Rates Rules and Regulations. 39. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 40. That the daily hours of operation shall be limited to 7a.m. to 9 p.m. as stipulated by the petitioner. 41. That no loud speakers shall be permitted: 42. That no off-site signage shall be permitted. -6- PC2007- 44. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other ordinance, regulation or requirement. 45. 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, antl (iii) the applicant has demonstrated significant progress toward establishment of the use or approved structure. BE IT FURTHER RESOLVED that, except as amended herein, Resolution No. 2006R-26 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 30, 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. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2007- 43. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are do file with the Planning Department marked Exhibit Nos. 1 through 10 and Revision 1, of Exhibit No. 1, and as conditioned herein including that the maximum structural height shall be thirty two (32) feet. 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 May 30, 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 -t3- PC2007- PETITIONER'S STATEMENT OF Attachment -Item No. 3 JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR NAIVER OF CODE SECTION: PERTAINING T0: the special circumstances: 15' sweer .easement separates site Lon. to 4r. .landscape .set ac Sections 18.03.040.030 and 18.!2.060 of the Anaheim Municipal Code require that before any valiance or Code waiver may be granted by the Zoning Administratot or Planning Commission, the following shall be shown: I: That there are special circumstances applicable to the property, including size,'shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; 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 artive at a decision, please answer each ofthe following questions regarding the property for which a variance is sought, fully and as completely a; possible. Ifyou need additicnal space, you may attach additional pages. I. Are there special circumstances that apply to he property in matters such as size, shape, topography, location or surroundings? g Yes _ No. [f your answer is "Yes," 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 property? ~ Yes _ No If your answer is "yes," describe how the property is different (1) Width of site in .the 3 Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring progenies located within the same zone? X yes No answer if"yes;' describe the setbacks and flood control 4. Were the spxecial circumstances created by causes beyond the control of the property owner (or previous property owners)? _ Yes _ No --EXPE:AZN: Dimensions of .parcel .and existence of flood control channels are bevonr7t controLof owner. The sole purpose qtf any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which ould have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not o etwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. CALIBE&° TORS INC. _ Ma>•ch 2, 2007 Agent Date 376251DECEMBER 1?, 2000 Juslirica~ian Waiver. dot separate statement is required for each CONDITIONAL USE PERMITNARIANCE NO. **Please see .attachment** itJN ~~~. 2'13 - ~ ~1 CALIaER MOTORS INC. PETITIONER'S STATEMENT of JUSTIFICATION for VARIANCE/CODE WAIVER Attachment Pertaining to: To permit 4' landscaping adiacent to neighbors instead of 10' The 10-foot landscaped setback was established in part for noise suppression purposes. However, a 15-foot sewer easement separates the property in question from the adjacent neighbors in addition to petitioner's 4-foot landscape easement resulting in an approximately 19-foot setback from the neighbors' masonry sound wall In addition, numerous 36" box trees have been planted near the property line with the adjacent residences in an effort to further reduce noise encroachment. The requested 4-foot landscape setback is consistent with the average width of the landscape setback approved for the balance of the property on the southern property line adjacent to the residences, Therefore, a reduction of the 10-foot landscaped setback for the area in question would not have an adverse impact on the adjacent residences: -i~ E~~L. ~^13 - ~ ~ 8 ~ 6 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: (A sepparate statement is reqq~uired for each Code waiverl PERTAINING T0: Modify Condition 118 to move tHepermittedwall-sign .from .east .face of showroom building to easf elevation of vehicle preparation building Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: t. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed byother property under identical zoning clazsificatioKihrhe vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, pleaze answer each of the following questions regarding the property for which a variance is sough[, fully and as completely as possible: If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such az size, shape, topography, location or surroundings?_Yes _No. Ifyour answer is "Yes," describe the special circumstances: 2. 3 Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone az your property? „_ Yes _ No Ifyour answer is "yes;' describe how the property is different: Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties Located within the Same zone? Yes No Ifyour 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)? _ Yes _ No The sole pure se of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved w ch would have the effect of granting a special privilege not shared byother property in the same vicinity and zone which-is no otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. CALIBE, MOTORS INC. or Authorized Agent 17625U)ECEMBER l2, 2000 March Z. 20D7 Date CONDITIONAL USE PERMITNARIANCE NO mztiGcazion wafvec dog **Please see .attachment** ,_; Ur+ it~u. G~j3 - ~ ~ ~ ~ Q CALIBER MOTORS INC. PETITIONER'S STATEMENT of JUSTIFICATION for VARIANCECOOE WAIVER - - Attachment Pertaining to: Modify Condition #8 to move the permitted wall sign from east face of showroom buildine to east elevation of vehicle preparation buildine A wall sign (iYlercedes-Benz tri-pointed star) has been approved for the east face of the showroom building. We arr- requesting that the approved location for this sign be changed to the east face of the vehicle -meparation building {upper north corner, away from residences) in order to enhance the sign's visibility from the 91 Freeway. There would be no adverse impact to the residences adjacent to the site's southern property line. t•U[J i~d u. ~n1J ~.l 1}81) i PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: (A separate statement is required foL eaphh t~'^~ode waiver) PERTAINING T0: Windows on north elevation of vehicle :preparation bmIding - 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: C. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and ?. 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 ifsuch 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 propetry for which a variance is sought, fully and as completely as possible. Ifyou need additional space, you may attach additional pages. L Are there speoial circumstances that apply td the property in matters such as size, shape, topogtaphy, location or sunoundings, _ Yes _ No. Ifyour answer is "Yes," describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone az your property? _ yes - No Ifyour answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No !f your 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)? _ Yes _ No EXPLAIN: J The sole purpose of any variance ar Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be ~~ approved whir ould have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not erwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. CALIBER TORS INC. By " March 2, 2007 Signature-o- -Property-Owner or Authorized Agent Date 3762SbECEMBEA 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. lnstiricarian wafver.dm **Please aee attachment** ,,i7r '~1~.'"13 - 4 8 0 0 CALIBER MOTORS INC: PETITIONER'S STATEMENT of JUSTIFFCATION for VARIANCE/CODE WAIVER. - Attachment Pertaining to: Windows on north elevation of vehicle preparation building The City-approved plans provide for four,. 10-foot by 20-foot windows on the north elevation of the vehicle preparation building. A wall approximately four feet from the inside of the face of these windows was build to shield the view of the car wash tunnel inside the building from the view of the passing motorists on the 91 Freeway. Rather than leave this a blank wall that would., we believe, detract from the positive visual impact of the building as seen from the freeway, we are proposing the installation of high-quality graphics on the wall that would be reflective of historical Mercedes-Benz vehicles and scenes and not necessarily represent vehicles that we currently have available for sale: Thus, by using lazge-scale historical and artistic photos, drawings, or other artwork, we would be spared from constantly changing the graphics at high expense as vehicle models changed. The scenes that would be visible from the freeway through these windows would be in the nature of appealing, visually enhancing artwork, not advertising. Item No. 4 SP 92-2 RCL fib-67-61 (76) CUP 2884 CUP 735 ANAHEIM RE51 SP 92-2 SATELLITE CLEANERS RCL 66-67-61 (106) RCL 66-57-31 SP 93-1 2CL fifi-67-61 (106) RCL 56-57- i SATELLTE E NERS SP 93-1 RCL 5fi-57-31 RCL fiGfil-fit (1081 IA OUINTA WN 83UITE9 iP ez-z 67b1 (1081 _ 6: R 2345351 ~ v JT-ALAR n ~ ci iP 92.2 m^ynw 6c~-ci.d)~a1 ~ d;; ne.~ I \ SP 92-2 RC GUP 2984 (80) CUP 2724 CUP 1679 CUP 735 VAR 3342 I t l RED ROOF INN INN SP Sgt VAR 2002-04543 RLL 6F67-fit (1 OB) VqR 2002-0450E RCRCLSGS~-832) TGUP 2002-04604 CMIDLEWOOD SURES SP 93.1 RCL fib-67-61 (106) RCL 56-57-31 EXTENDED STAY AMERICA W ~ N N m SP 93-1 } RCL 66-67-61 (106) , N RCL 56-57.31 T-VAR 2006-04714 VAR 2005-04642 (RCL56-57.92) (CUP 3653) CUP 3241) (CUP 53) VACANT _ <Y RC 081 ~ 56.57~ RCL W P S RESORT HOTEL O ro _~ W 2 Z Q ~ ( SMALL SHOPS ~ VAR 2805 ~ KATELLA AV ENUE m m' AVIS " m ~ t p r m TbN<m m pp NI~VO~ -" Nl~lOa NnmrNt6 f001N lON~~~ NW~NZ al (pm `-Q 92-1 SP 92-1 NA° a~a~ rn~~czs CUP 1604 o t°iB.UO add -~ ~ ~ a JU»> N Ica ~ 1604 rn 1~ oo> > ~ U U j tKING PARKING a~a ~ ~ N cJ7~ ARENA INN B SUITES w F SP 82-1 ~ RCL 62-83-35 ~ (Res of Intent to RM-1000) W RCL 62-63-26 y RCL 66-67-fi1 tRes of Int to C-R) _ cuP x-1s ALL PROPERTIES ARE IN THE ANAHEIM R ESORTTM' Conditional Use Permit No. 2007-05198 Requested By: STEINER CORPORATION 1740 South Zeyn Street and 1755 South Anaheim Boulevard - Alsco. a lozsz Subject Property Date: May 30, 2007 Scale: 1" = 200' Q.S. No. 87 ~9l~ '92 SP 82-2 RCL 6fi-67-fit (166) CUP 1072 CUP 1063 CUP 286 CUP 41 VAR 61 B flLL 6667-61(IDBI R~ ~Jn6 a1m 910P SP 92-2 FLAKY JAKE'S RESTAURANT s J SP 02-2 RCL 2004-00135 SP 92¢ RcLas-97-z6 RcLeae7-za RCL 58-S9d RCL 58.59-0 CUP 2004-04022 CUP 2692 VAR 75fi3 VAR 1583 VAR 7523 VAR 15T3 PCN 200400045 SATELLRE RESTAURANT RETAIL CENTER Staff Report to the Planning Commission May 30, 2007 Item No. 4 4a; CEQA ENVIRONMENTAL IMPACT REPORT NO. 313 (PREVIOUSLY-CERTIFIED) 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT N0.2007-05198 (Motion for Continuance) SITE LOCATION AND DESCRIPTION:. (1) This property is identified as 1740 South Zeyn Street, 1755 and 1763 South Anaheim Boulevard - Alscd;Incorporated. REQUEST: (2) The applicant requests approval of a conditionaPuse permit to expand alegal non- conforming commerc(al laundry facility under authority of Code Section Nos. 18.11fi.020.050'.0503.01 and 18.116.070.040.0402 (Nonconforming Uses -Expansion) with waivers of the following provisions:. (a) SECTIONNO:18.116.090.020 Minimum landscape and structural setback adjacent to Zevn Street and Anaheim Boulevard: 20 feet required; 0-16 feet proposed) (b) SECTION NQ 18.116.100.020 Maximum permitted fence height. (8 feet permitted; 24 feet proposed) (c) SECTION NO: 18.116.140.1102 Minimum distance between driveways serving adiacenf parcels. 40 feet required; 20 feet proposed) (d) SECTION NO. 18.42.040.010 Minimum number of parking spaces. 83 required; 77proposed) BACKGROUND: (3) This property is currently developed with a commercial laundry facility and is located ih the Anaheim Resort, Commercial Recreation Development Area (SP92-2, D.A: 1) Zone. The Genera(Plan designates this property and prdperties td the north, east, west, and southeast for Commercial Recreation land uses and the property to the southwest for Institutional land uses (future electrical substation). (4) This item was continued from the April 30 and May14; 2007, Commission meeting for the completion of the Preliminary Water Quality Management Plan. (5) Geoff Bonney, the applicant's representative, has submitted the attached letter dated May 23; 2007,7equesting acontinuance of this item to the June 11, 2007; Commission meeting in order to allow additional time for thebompletioh of the Preliminary Water Quality Management Plan and to resolve issues for the operation of the business during oonstruction: RECOMMENDATION: (6) Staff recommends that the Commission, by motion, continue this item to the June 11, 2007, Planning Commissiorr meeting as requested by the applicant. Srcup2007-05182k1w_53007.doc Page 1 Attachment -Item No. 4 Kim, Please continue the hearing on this project to the June 11th meeting, since there is not enough time to complete and review the WQMP before the May-30th date. This will also allow us to address the temporary structure. Thank you. .. Geoff Geoffrey A. Honney, AIA Principal Honney Architects 300 East State Street Suite 620 Redlands, CA 92373 p (909) 793-b489 f (909) 798-6874 c (909) 560-2894 geoff.bonney@bonneyarch.COm Item No. 5 kG ~'a x~ z~ ~w eG~ ~~ m~ w~ a ~ ~o ~~ w s~ i _~ sz ~o ~ ~< ~~ LLm °o ~° ~~s ~~a ~> s° ` m ~ s CPANGE1HOgPE AVENUE UPALMA AVExuE LW COIN AVENNE pOP 5; W ~ O ¢ H ° __ ~ ~ ~~ IUiELLA x AVENUE tl1APMAN AVENUE 5 6 kw y~J as mm ~ g~ ow BYu 9a m~ E go . yw m %~ ° ° w 3 kn u'm ~ p Zoning Code Amendment No. 2007-00059 ? Subject Property Date: May 30, 2007 Scale: Grephic Requested By: CITY OF ANA HEIM O,S. No. nla Citywide Staff Report ko the Planning Commission May 30, 2007 Item No. 5 5a. CEQA ENVIRONMENTAL IMPACT REPORT NO 330 (PREVIOUSLY CERTIFIED) (Motion) 5b. ZONING CODE AMENDMENT NO 2007-00059 (Motion) SITE LOCATION AND DESCRIPTION- (1) The proposed Zoning Code Amendment would apply city wide. REQUESTi (2) This is a City initiated request to amend Subsections .070, .080 and.090 of Section 18.40.060 of Title 18 "Zoning" of the Anaheim Municipal Code relating to right-of-way dedication and improvements. BACKGROUND: (3) Presently, applicants seeking discretionary exemptions from all or any portion of the right- of-way dedication and improvement requtrements:may only do so through a Variance process that requires a Planning Commissionpublic hearing: The proposed amendment would streamline the process by authorizing the City Engineer to grant discretionary exemptions from dedication ahd improvement requirements wften appropriate flndings can be made, without the requiremeht for a public hearing... The decision of the City Engineer may be appealed to the Planning Commissioh, The proposed amendment would also delete "multiple-family residential" from the definition of"Minor Addition" toprovide adequate review and regulation bf proposed additions to multiple-family residential buildings. DISCUSSION: (4) Section 18.40.060 requires right-of-way dedication and improvement to occur before ahy building permits are issued for development of a property. The proposed changes. to allow the City Engineer to grant exemptions from all or any portion of the right-of-way dedication and improvement requirements are shown below. Deletions are showh as strikeouts and new changesare shown in bold: 18.40.060 DEDICATIONS AND IMPROVEMENTS. .070 Automatic Exemptions, .0701 The following building permits are exempt from the requirements imposed,by subsection .020 of this section: - .01 Building permits for interior modifications of buildings or structures which do not increase the usable square footagebf the building; .02 Building permits for replacementbf a legally existing structure that is to be demolished, or that has been destroyed by fire, earthquake or other calamity to the extent the replacement structure does not increase usable square footage; Case Planner: Delia Herrick SRZCA2007-00059 PC053007 Page 1 Staff Report to the Planning Commission May 30, 2007 Item No. 5 .03 Building permits for any expansion of a legally existing single-family residence. , . .0702 The following building permits are exempt from the requirements imposed by subsections .030 through .060 of this section: .01 Building permits for interior modifications of legally existing buildings or structures which'do not increase the usable square footage of the buildingf .02 Building permits for replacement of a legally existing structure that is to be demolished, or that has beendestroyed by fire, earthquake ' or other calamity to the extent the replacement'structure does not increase usable square footage. .03 Building permits wherein a minor addition is being added to a legally existing structure or building. "Minor Addition" shall include an expansion ofa single-family residence or anyexpansion ofa commeFcial; r industrial' use, wherein the square footage of all buildings oh the'property is being expanded by one thousand (1(000) square feet or less within any two (2) year period. .OSO Discretionary Exemptibns. Thee City Engiheer may grant r exemptions from allbrahyportion of the,fequiremehts imposed by subsections .020 s; through`.060 of thissection.," a)801 Before any such exemption is granted by the City Engineer, it shall be shown. that either. :0804.01 There is no reasonable relationship between the need for the: required dedication and improvements and the type of development project oh which such requirements are imposed; or :0@0;?.02 The cost of the required dedication and improvements unseasonably exceeds theburden or impact created by the. development project. .0802 An application for exemption pursuant to this subsection .080 shall be made in writing'on a farmestablished forthat purpose by the City Engineer. `' .0803 The decision of the City Engineer relating to an application for exemption pursuant to this subsection'.080 shall be made in writing within fifteen (15) days following the receipt of a completed application for exemption: Page 2 l Staff Report to the Planning Commission May 30, 2007 Item No. 5 .090 Decisions of the City Engineer pursuant to subsection .080 above maybe appealed to the Planning Commission, in accordance with the procedures established in Chapter 18.60 (Procedures) for the processing of variances, except that the findings set forth in Section 18.74.060 (Findings) of Chapter 18.74 (Variances) shall not be required, and provided that such decisions shall be subject to the findings in sabseetien,080: established-for Discretionary Exemptions, and subjecfto the findings in subsection .080 in paragraph .0801 of subsectiod.080 above.. ENVIRONMENTAL IMPACT ANALYSIS: (5) Staff has reviewed the proposed zoning code amendment, and has determined that the previously-certified fEIR No. 330 is adequate td serve as the required environmental documentation and satisfies ell the requirements of CEQA; and that ho further environmental documentation need be prepared for the proposed code amendment. GENERAL PLAN CONFORMITY: (6) Section 18.76.020 of the Code provides that an amendment to the Zoning Code may tie made if it implements the General Plan and will enhance and preserve the general welfare. The proposed Zoning Code Amendment; as summarized in paragraph No. 4 is in conformance with and implements the General Plan, and will enhance end preserve the general welfare by providing for a more streamlined review process. RECOMMENDATION; (7) Staff recommends that the Commission take the following actions: (a) By motion, recommend td City Council that FEIR No. 330 is adequate to serve as the required environmental documentation. (b) By motion, recommend to City Council that Zoning Code Amendment No. 2007- 00059 as described ih the attached draft ordinance be approved. Page 3 City of Anaheim PLAIVNIIVG 13EPI~I2TEN'T Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of May 30, 2007. 5a. CEQA ENVIRONMENTAL fMPACT REPORT NO. 330 (PREVIOUSLY-CERTIFIED ) 5b. ZONING CODE AMENDMENT N0.2007-00059 Agent: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Cf ide: City-initiated request from the Planning Department to amend Section No. 18.40.060 (Dedications and improvements) of Chapter 18.40 (General Development Standards) of Title 18 "Zoning" of the Anaheim Municipal Code to authorize the City Engineer to grant discretionary exemptions for dedication and improvement requirements when appropriate findings can be made, without the requirement for a public hearing and the deletion of "multiple- family residential" from the definition of "Minor Addition" exemptions for required dedication and improvements. www.anaheim.net ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to amend Section No. 18.40.060 (Dedications and Improvements) of Chapter 18.40 (General Development Standards) of Title 18 "Zoning" of the Anaheim Municipal Code to authorize the City Engineer to grant discretionary exemptions for dedication and improvement requirements and does hereby determine that the previously-certified CEQA FEIR No. 330 is adequate to serve as the environmental documentation for this request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby recommend to the City Council that the draft ordinance to amend Chapter 18.40 of the Anaheim Municipal Code be adopted. ZCA2007-00059_Excerpt 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714) 765-5139 Attachment -Item Plo. 5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .070 .080 AND .090 OF SECTION 18.40.060 OF CHAPTER 18.40 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEDICATIONS AND IMPROVEMENTS. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsections .070, .080 and .090 of Section 18.40.060 of Chapter 18.40 ofTitle 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .070 Automatic Exemptions. .0701 The following building permits are exempt from the requirements imposed by subsection .020 of this section: .01 Building permits for interior modifications ofbuildings or structures which do not increase the usable square footage of the building; .02 Building permits for replacement of a legally existing structure that is to be demolished, or that has been destroyed by fire, earthquake or other calamity to the extent the replacement structure does not increase usable square footage; :03 Building permits for any expansion of a legally existing single-family residence. ..0702 The following building permits are exempt from the requirements imposed by subsections .030 through .060 of this section: .Ol Building permits for interior modifications of legally existing buildings or structures which do not increase the usable square footage of the building; :02 Building permits for replacement of a legally existing structure that is to be demolished, or that has been destroyed by fire, earthquake or other calamity to the extent the replacement structure does not increase usable square footage. .03 Building permits wherein a minor addition is being added to a legally existing structure or building. "Minor Addition" shall include an expansion of a single-family residence or any expansion of a commercial or industrial use, wherein the square foc'::ige of all buildings on the property i being expanded by one thousand (1,OOs) square feet or less ~~~ithin any two (2) year period. .080 Discretionary Exemptions. The City Engineer may grant exemptions from all or any portion of the requirements imposed by sunsections .020 through .060 of this section. .0801 Before any such exemption is granted by the City Engineer, it shall be shown that either: .O1 There is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which such requiremen~s are imposeu; or .02 The cost of the required dedication and improvements unreasonably exceeds the burden or impact created by the development project. .0802 An application for exemntion pursuant to this subsection A80 shall be made in writing on a form established for that purpo~:e by the City Engineer. .0803 The decision of the Ciro Engineer relating to an application far exemption pursuant to this subsection .080 shall be made in writing within fifteen (15) days following the receipt of a completed application for exemption. .090 Decisions of the City Enginee; pursuant to subsection .080 above may be appealed to the Planning Commission, in aca}rdance with the procedures established in Chapter 18.60 (Procedures) for the processing of ~ uiances except That the findings set forth in Secfion 18.74.060 (Findings) of Chapter 18.74 (Variances) shall not iie required, and provided that such decisions shall be subject to the findings for Discretionary Exemptions in paragraph .0801 of subsection .080 above.. SECTION 2. SEVERAB~LITY The City Council of the City of P.naheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom ofany such portion as may be declazed invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor ttte repeal ofany other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver ofany license or penalty or the penal provisions applicable to any violation thereof The provisions of this ordinance, insofar as they are substantially the same as ordinanceprovisions previously adopted by the City relating to 2 the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, fitzn or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the _ day of , 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the day of , 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 63786.2/smann/March 7, 2007 3 i 1 I Item No. 6 Hrnni mcrvla """""220U-~- zs Du RM-4 RM-0 RCL 63-fi4-62 (6) RCL 63-fi4-62 (74) VAR 2025 EL SERNO = RS-2 ALCAZAR APARTMENTS APARTMENTS NQ 10U EACH 260U 260U Nw ~ RM-4 RM-q a RCL fi3-64-62 (26) RCL 63-64-fit (5) VAR 3337 EL SERNO APARTMENTS ApgRTMENTS 25 DU 25 DU RM-0 RM-0 RS 2 RCL 63-fi4-62 (10) RCL 63-64-62 (16) _ _ _ - VAR 2132 N N 4 w 1 DU EACH EL SERNO w ~ v ry w a yw WEBSTER WEST APARTMENTS 1 ~ N ~ ~ APARTMENTS 25 DU Z p O C RS-2 44 DU ¢ ~ 1- 1 OU EACH RM-4 ~ ~ W RM-0 RCL 63-64-62 (7) RCL fi3-64-62 (2) U VAR 2132 VAR 1967 CUP 660 THE ARCHES ~ m APARTMEMS RM-4 zs Du RCL 85-66-14 EACH VAR 3516 RCL 63-64-62 (2) RM-4 R~ APARTMENTS CUP 660 ~ RcL SSS6a1 25 DV ~ GARDEN PARK 296 R Q:r H U ~ RM-0 Q ~ ...,-.. ,.._T__... P.icxe m y ofwo „ < APAft6 GUMS SEI ~ U w !n RCL 63-64-62(4) ~ - RCL 636a5z ~ p _~ g ~ VAR 934 W N (Ras ofRCL 2 -0 20@) 0 ~~ia p FRENCH QUARTER !- ' ' 0 ] 0 c^^p76@ I a ca BRUCE ST W APARTMEMS J U CAT NAP HOTEL Pn 1A ~ T-CU = W 1fi DU 21 aa ? OAL@OAROIN C-G CUF _ ~~ ~ RS-1200 ~ RM-a R U 1 ~ RCL 63-64-62 i RCL 6&]051 C P 3603 CUP 3603 ^ ^ {Res. Gf Intent RM-0 RGL Sa7as9 (Res. of InL RCL 636462 CUP 7770 REST t0 RM-1200) RCL fib-69-73 b RM-1200) (Res. of lnlenl b RM-12001 RCL 6&64-62 m, w . C-G RCL 63-04-0'1 VAR 2059 - m SINGING TREE of Intern (Res PARTMENT6 c1 ~y4p RCL 55-56-31 VAR 1604 PARTMENT t` . p bRM-1200) 280U ti ~ ~ x N~+ CUP 3491 APARTMEMS 22 DU N SINGING TREE ~ a CUP 2760 15 DU APARTMENTS I ~ U CUP 2163 AOJ 0175 10 oU R STAURANT T RCL 63 56"82 BALL ROAD ° ° ° ° ° ° (R°''rnis 2ae~ -oa~~266~ 1G u ° c-G ~~ RCL8364-@7 T-VAR 2001-044fiT QuuE T-CUP 2004-049x3 VAR 2000-04412 RM-4 CUP 2003-04694 VAR 32275 RCL 64-65-37 TL CUP 3712 667 6MALL SHOPS ~ VAR 1662 CUP 2@94 VAR 1662 cuP 2xta CUP 499 „_ APARTMENTS CUP 218 T MAGNOLIA HIGH SCHOOL ~/V N Reclassification No. 2007-00201 "' .' Subject Property Miscellaneous Permi t No. 2007-00197 Date: May 30, 2007 Scale: 1" = 200' Q.S. No. 28 Requested By: EDW IN AND LUCILLE SACKETT (PARCEL A) MAR VIN LLOYD AND DOROTHEA A. STREIFF FAMILY TRUST (PARCEL B) 928-934 South Webster Street -Victory Heights 1oz7s 7 Staff Report to the Planning Commission May 30, 2007 Item No. 6 6a. CEQA NEGATIVE DECLARATION (Motion) fib. RECLASSIFICATION NO. 2007-00201 (Resolution) 6c. MISCELLANEOUS NO. 2007-00197 (Motion for Withdrawal) SITE LOCATION AND DESCRVPTION: (1) The two properties are a total df 0..87-acre and identified as 928 and 934 South Webster Street: The property owner is Edwin and Lucille Sackett and Marvin and Dorothea Streiff Family Trust. The applicant is the developer, Sequoia Standard. REQUEST'. (2) The applicant requests to reclassify the subject property from the Transition (T) zone to the Multiple Family Residential (RM-4) zone for future development. The applicant requests witfidrawat of the request for conformance with the Density Bonus Ordinance. BACKGROUND: (3) These properties are currently developed with two (2) single-family residences and are. located within the Transitioh (T) zone. The General Plan designates these properties and properties to the north, west; and south for Medium Density Residential land uses. Properties to the east are designated for Low Density Residential land uses, DEVELOPMENT PROPOSAL: {4) This reclassification would permit the future development of an apartment complex; subject to compliance witfi developmehf standards for the Multiple Family Residehtialzdne. This reclassification request wduld implement the existing Medium Density Residential land use designation of the General Plah: As a result, the property would be allowed up to 31 hdusingUnits at a density of 36 dwelling units per acre; {5) The request for a determination df conformance with the Density Bonus Ordinance to construct a 28-unit affordable apartment complex with incentives has been withdrawn by the applicant as the design of the project is stillUndergoing modifications. ENVIRONMENTAL IMPACTANALYSISi (6) Staff has reviewed the proposal to reclassify this property from the Transition (T) Zone to the RM-4 (Multiple-Family Residential) Zone.. Staff prepared an Initial Study which is available for review in the Planning Department, and the study concludes that there will be no significanf environmental impacts; therefore; staff recommends that a Negative Declaration be approved. RECOMMENDATION:. (7) Staff recommends that the Planning Commission take the following actidns: (a) By motion, aoorove a CEQA Negative Declaration for the project. (b) By resolution, aobrove Reclassification No. 2007-00201. (c) By motion, accent the applicant's request for withdrawal of MIS2007-00197. Case Planner: Kimberly Wong SRRCL2007-00201 klw Page 1 [DRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2007-00201 BE GRANTED, UNCONDITIONALLY (928 AND 934 SOUTH WEBSTER 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 I: LOT 3 OF TRACT NO. 787, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 24, PAGE 9 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, EXCEPTING THEREFROM THE SOUTH 50 FEET OF THE WEST 135.27 FEET. ALSO EXCEPTING THEREFROM THE NORTH 1.71 FEET OF THE SOUTH 63.71 FEET OF THE WEST 64 FEET. PARCEL 2: THAT PORTION OF LOT 4 IN BLOCK "A" OF TRACK NO. 787 AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 24, PAGE 9 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, LYING BETWEEN THE EASTERLY EXTENSIONS OF THE NORTH AND SOUTH LINES OF LOT 3 OF SAID TRACT NO. 787: PARCEL 3: AND UNDIVIDED 1/20TM INTEREST IN THAT PORTION OF LOT 10 OF TRACT NO, 787, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 24, PAGE 9 OF MISCELLANEOUS MAPS. RECORDS OF SAID ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 10; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT, A DISTANCE OF 50 FEET, THENCE AT RIGHT ANGLE SOUTHERLY A DISTANCE OF 25 FEET, THENCE AT RIGHT ANGLES TO THE WEST MARGIN OF SAID LOT, A DISTANCE OF 50 FEET, THENCE NORTH TO THE POINT OF BEGINNING, AND BEING APPURTENANT TO LOT 3 ABOVE DESCRIBED. REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 63.71 FEET OF THE WEST 135.27 FEET OF LOT 3 OF TRACT NO. 787 AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 24 PAGE 9 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPTLNG THEREFROM THE EAST 71.27 FEET OF THE NORTH 13.71 FEET OF THE ABOVE DESCRIBED PARCEL.. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 30, 2007 at 2:30 p.m., notice of said public hearing having been duly given as required by law and ih 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 CR\PC2007- -1- PC2007- 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 applicant request for reclassification of subject property from the T (Transition) zone to the RM-4 (Multiple Family Residential) zone. 2. That the Anaheim General Plan designates subject property for Medium Density Residential land uses and the proposed RM-4 (Multiple Family Residential) zone is an appropriate implementation zone for this land use 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.. 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 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 T (Transition) zone and to incorporate said described property into the RM-4 (Multiple 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 May 30, 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 -2- 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 May 30, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2007 IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- Page 1 of 2 Attachment -Item No. 6 Kimberly Wong From: Glantas Corman [gcorman@sgstandard.com] Sent: Wednesday, May 09, 2007 9:09 AM To: Kimberly Wong; almarshall@pacificnationaldevelopment.com Cc: Andy Nogal; 'Jeff Peterson' Subject: RE: Webster Project Kimberly, We would like to withdrawal our Density Bonus application as we are now just going. forward with just the zone change. We will later apply for our design review when we incorporate the Redevelopment design criteria into our site plan. Thanks, Dantas Corman 1 Item No. 7 5P `5 ar619 ~ E{i P`L 1Np. V PFy11621 D 5MF1FZM~ ~g G 1 b 4 mG GGUP 35' t 56.19 ~~ VPR 1$ 1 RGL 95p 5-42 L ~ RV PR 19553 DEP~i.EF PR 1962 RGL 200 :OOve \BY Zonel G R Sof,nLa SPB.. ~ 115p0G1 RM•4 c-G (snecl APTS RCL 5360-100 10DU EACH (Res. of lnlent to CH) RCL 5359-72 RESTAURANT C-G (SABC 4~ I(SABC) ~~~ RLL SPfiO-1~B RCL 6667-14 I (SABC) (R•RCLIS&5372 H) ~ RCL565fi-0B: RGL $a-$$-02 RM-0 RCL 5455-02. COMM. SHOP EVERE ELEMENTARY cuP 2o0fi-0511e vnR 1s2 CUP 2006-05110 OFFICE cl4oo voFF cE ~_ - - PALAIS RD I(SABC) RCL 91-92-02 VAR 1827 RCL 6657-14 CUP 3580) RCL 54-55-42 CUP 3439 CUPT•GUP 4645 CUP 3064!! I ousiRlAi GG ($AeL) 2003-04602 eUILDING RCL 70-71SB VAR 3766 VAR 2645 CAR DEALERSRIP I (6ABG) RCL 6657-14 RGL 65-56-19 RCL 5455-42 T-CUP 20 0 3-04 6 02 VAR 1627 _ MIDWAY DRIVE INDUSTRIAL BUILDING 'VAR 2061 ~ CUP 730 115ABC1 ~)spe~) B CUP 673 1152004-0 09 RCL IISABC) 5359-37 VAR 2000 • RCL 61-92x7 CUP 439 N Conditional Use Permit No. 2007-05208 Requested By: J. GENE AND DEBRA D. LEE 1360 South Anaheim Boulevard 4 ~i 1oz7a 0 m Subject Property Date: May 30, 2007 Scale: 1" = 200' Q.S. Nb. 96 I (SABC) SMALL IND. FIRMS )(SABC) ~L 54-55-0: ~MAIIL IND. WINSTON RD . ~ '~" _ S.w .. vain m r Jul? Conditional Use Permit No. 2007-05208 Requested By: J. GENE AND DEBRA D. LEE 1360 Sauth Anaheim Boulevard P~ta: ~I 10274 Staff Report to the Planning Commission May 30, 2007 Item No. 7 Staff Report to trte Planning Commission May 30, 2007 Item No. 7 PREVIOUS ZONING ACTIONS: (4) The previous zoning actions pertain to the subject property: (a) Conditional Use Permit No. 1374; a request to establish anon-industrial training center and retail distributing and service business firms in conjunction with a proposed addition to a 2=storyofftce building with waivers of permitted uses and minimum number of parking spaces was origihally approved bythe Planning Commission in 1973. In 1995, the Commission subsequently approved a request for substantial conformance to permit a court reporting college on the subject site: PROPOSAL: (5) The applicant proposes to establish a vocationa(coliege in two existing office buildings. The college will occupy both floors of the front building (19,476 s.f.) and the second floor (8,400 s.fJ of the rear building. No expansion to tfie buildtngs are proposed. (6) Access to the site is provided via two driveways along Anaheim Boulevard. The site plan indicates a total of 209 parking spaces on-site: Code requires a total of 255 spaces based on the following ratios: 'Use =" '~; „""-- .:~ Size (s.f)~ Pa"rking Ratio (spaces:; : `Total: a i er 1,000 s f: ~,..., Office ~ 9,51.5 4 ~ 38<> Classroom.. 9,293 20 184 , Misc * 9,068 not re aired Ihsurance office (not , :8,400 4 33 a art of the school 'Total 36,276 255 Miscellaneous accessory uses include;haliways and other similar uses. (7) The floor plans for the school indicates a 2-story office building with an entry lobby, offices, library, lounges, labs, classrooms and nursing rooms. (8) No expansion or modification to the exterior of the buildings or parking lots are proposed. Therefore, landscaping, elevation, and sign plans were not submitted with"this application. All new signage will need to comply with Zoning Code. requirements. (9) The letter ofoperation'states that the accredited vocational college would offer classes for licensed nurses, metlicai assistants, medical billing, and medical office administration. The length of individual programs wi6'vary from 31 weeks to 20 months depending' on the type of program. i'Due to the rotational arrangement of classes throughout the'day, the number of employees and students on-site will vary. There will be a maximum of 24 educational staff members, and 14' administrative staff members per shift for each operation:. The proposed Flours for the classrooms are as follows: Medical assistant.'billino. and administration Monday"- Friday' Si00 a.m. -12' p:m, 1:00 p.m. - 5100 p.m. Monday=Thursday. 5:30 p.m;- 10:30 p.m. Page 2 Staff Report to the Ptartning Commission May 30, 2007 Item No. 7 Licensed vocational nurse Monday- Friday ]:30 a.m: - 3p.m Monday -Tuesday: 4:00 p.m. - 10:00 p.m. ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the proposal tp establish a vocational college in two existing office r buildings: Staffprepared an Initial Study which is available for review in the Planning: Department; and the study concludes that there will be ho significant environmental impacts; therefore, staff recommendsShat a Negative Declaration Be approved. EVALUATION: (11) The Industrial (I) zone permits offices and training facilities by conditionalLse permit The proposed vocational college would replace theprevious court reporting college which was closed for business in 2006. The office buildings would serve the adminisfrative needs of the bompany while providing bdcational training for nurses ahd administrative staff for medical businesses::. The use is properly one for whicH a conditional use permit is authorized by he Zoning Code and the proposed college will not adversely affect the adjoining landuses or the growth'and development of he area in which it is proposed to be located sinceit will be similar to the prior use established on the property. rTherefore, staff recommends approval of the requested conditional usepermit. (12) The applicant proposes to provide ess parking than what the code requires. Code requires 255'parking spaces focthe combined office and educational uses:and 209 spaces arer existing oR this property:. The applicant submitted a parking letter to update the prior parking study approved for this property. The proposed: vocational college would replace the former court reporting college with no increase in intensity. The formercollege approved under CUP 1374 allowed for a maximum enrollmenYOf 200 students. Even though the proposed college has.more square footage. than the former college, there will be no ihcrease in classroom space nor the maximum number of students. Moreover, a vocational college has been established an the subjecfproperty since 1995and no parking complaints have been received by the Community Preservation Division. Planning staff and the City's traffic and parking consultant reviewed,the update to the parking study and determined that the parking would be sufficient to accommodate the proposed vocational 'college since there would be no further intensification an the site and additional parking for tfteUse would not be necessary:: Based. upon the consultant'sahalysis and recommendation, staff recommends approval of this waiver,:: Staff further recommends a condition of approval limiting the maximum enrollment to 200 students to ensure that additional parking would not be needed. FINDINGS:! (13) 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 to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. Page 3 Staff Report to the Planning Commission May 30; 2007 Item No. 7 (b) That the waiver, under the conditions imposed, if any, will not increase the demand -- and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. (c) That the waiver, under the cohditions imposed, if any; will not increase the demand for. parking spacesLpon adjacent private property ih the tmmediate vicihity of the proposed 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) 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 vicihity of the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any waiver pursuant to this sectioh; the grantingof the waiver sfiall be deemedcpntinge~t upon operation of the proposed'use in conformance with the assumptions relating to the operation and intensitybf theLSe as contained ih the Parking Demand Study that formed the basis for approval of the waiver. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions asoontained in the Parking Demand Studysftail be deemetl a violatioh of the express conditions imposed upon the waiver; which shalhsubjecf the waiver to revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modificatiohof Permits):, (14) Before the Planning Commission. grants any conditional use permit, it must make a finding of fact that the evidence presented shdws that alf of the following conditions exist: (a) That the use is properly'one for which a conditional use permit is authorized by the -~ Zoning Code, or is an Unlisted use as defined in Subsection .030 (Unlisted Uses > Permitted) of Sectiom 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and developmeM'of the area'in which it is proposed to tie located; (c) That the size' and shapebf the site Por the use is adequate to'allow the full development of the proposed Use in a manner not detrimental to the partidular area br to the health'and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed' and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if 'any; will not be detrimehtal to the health and safety of the citizens of the City of Anaheim:. Page 4 I Staff Report to the Planning Commission' May 30, 2007 Item No. 7 RECOMMENDATION: (15) StaffYecommends that the Planning Commission take the following actions: {a) By motion,' ao rove a CEQA Negative Declaration. (b) By motion, approve the requested waiver of minimum number of parking spaces. (c) By resolution, approve Conditional Use Permit No: 2007-05208: Page s [DRAFT] RESOLUTION NO. PC2007--"* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05208 BE GRANTED (1360 SOUTH ANAHEIM BOULEVARD) 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: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOT 1 OF TRACT NO. 3313, AS SHOWN ON A MAP RECORDED IN BOOK 107 PAGES 34-37 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; LYING SOUTHERLY OF A LINE PARALLEL WITH AND DISTANT SOUTHERLY 200.00 FEET, MEASURED AT RIGHT ANGLES FROM THE MOST NORTHERLY LINE OF SAID LOT t PARCEL 2: LOT 2 OF TRACT NO. 3313, AS SHOWN ON A MAP RECORDED IN BOOK 107; PAGES 34 TO 37 .INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. PARCEL 3: THAT PORTION OF LOT 3 OF SAID TRACT NO. 3313, AS SHOWN ON A MAP RECORDED IN BOOK 107, PAGES 34 TO 37 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE EASTERLY LINE OF SAID LOT 3, SOUTH 15 DEGREES 28 MINUTES 50 SECONDS EAST 134.37 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES 24 SECONDS WEST 331.42 FEET TO ANON-TANGENT CURVE HAVING A RADIUS OF 2053.00 FEET; SAID CURVE ALSO BEING THE EASTERLY LINE OF LOS ANGELES ; STREET, RADIAL LINE THROUGH SAID POINT BEARS NORTH 78 DEGREES 00 MINUTES 19 SECONDS EAST; THENCE NORTHWESTERLY 58.20 FEET ALONG SAID CURVE AND SAID EASTERLY LINE OF LOS ANGELES STREET THROUGH A CENTRAL ANGLE OF 1 DEGREE 37 MINUTES 27 SECONDS TO THE NORTHERLY LINE OF SAID LOT 3; THENCE NORTH 76 DEGREES 22 MINUTES 52 SECONDS, EAST 317.39 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 30, 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; 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: Cr\PC2007- -1- PC2007- 1. That the proposed use to establish a vocational college is properly one for which a conditional use permit is permitted under authority of Code Section No. 18.10.030.040.0402 (Educational Institution -Business) with waiver of the following provision: SECTION NO. 18.42.040.010 Minimum number of parking spaces. 255 required; 209 proposed) ,... 2. That the above-mentioned waiver, under the conditions imposed, will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the :normal and reasonably foreseeable operation of such use. 3. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the updated parking study. The studystates that the proposed vocational college would replace the former court reporting college with no increase in intensity. The former college approved under CUP 1374 allowed for a maximum enrollment of 200 students. There will be hd increase in classroom space or the maximum number of students therefore the parking provided on-site will be sufficient for the proposed school. The City's traffic and parking consultant reviewed the update and determined that the parking would be sufficient to accommodate the proposed vocational college since there would be no further intensification on the site and additional parking for the use would not be necessary. 4. That the waiver will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within the property boundaries. 5. That the waiver will not increase traffic congestion within the off-street parking areas or lots provided for the proposed uses as ingress and egress to the site would be provided via two (2) driveways along Anaheim Boulevard. 6. That the proposed vbcational school, as conditioned herein., would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the site was formerly developed with a similar land use with no adverse affects to adjoining land uses. 7. That the size and shape of the site for the vocational school is adequate td allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 8. That granting of the conditional use permit under the conditions impbsed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area: 9. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to establish a vocational college; 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 -2- PC2007- 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: Prior to issuance of a building permit or within a period of one (1) year from the date of this - resolution, whichever occurs first, the following conditions shall be complied with: 1. That the property owner shall submit a letter to the Planning Services Division requesting termination of Conditional Use Permit No. 3449 (to permit a 208 unit single room occupancy (SRO) residential hotel). Prior to final building and zoning inspections the following conditions shall be complied with: 2. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. 3. 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 No. 1, and as conditioned herein_ General Conditions: 4. That prior to the operation df this business, a valid business license shalt be obtained from the City of Anaheim, Business License Division of the Planning Department: 5. That the total enrollment for the 27,876 square foot vocational school shall not exceed two hundred (200) students. 6. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways; recesses and ground contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 7. That the vocational school shall be operated as specifically described in the applicant's letter of operation and parking letter. If at any time the operational characteristics of the school changes or intensifies, a detailed description of the operational changes shall be submitted for review by the City s Traffic and Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be provided than the number of spaces provided on site: 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 far approval by the Planning Commission. 8. That no required parking area shall be fenced or otherwise enclosed for storage uses 9. That all trash generated from the office buildings 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. 10. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. -3- PC2007- 11. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 12. 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), (ti) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 13. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 df the Anaheim Municipal Code. 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 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 May 30, 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 -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 May 30, 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- David See Planning Department 200 South Anaheim Blvd. Anaheim, CA 92805 RE: 1360 S. Anaheim Blvd. Dear Mr. See: Please accept this letter as some additional details regazding the proposal to a]low Summit College to relocate to a site previously utilized by :another specialized college. A vocational college was approved for the site under Conditional Use Pernut 1374 in 1973. That college was conditioned to a maximum enrollment of 200 students. As you know, in 1995, a vocational college for court reporters was re-established at the site, again conditioned to a maximum of 200 students. VJe believe that no complaints of off- site pazking were received by the Community Preservation Division. Our proposed vocational college, conditioned to the same 200 student maximum enrollment, will not intensify the historical use of the facility for several reasons. Classes are conducted from 7:30 a.m. through 10:00 p.m. for morning and evening sessions, thus creating no impact to the amount of available pazking. Other general office uses in the building only operate within normal business hours. Considering a vocational college use has operated from this building for over three decades, without incident, we respectfully request approval of the Summit College application. Sincerely, The PRS OUP Phillip R. Schwartze President 31fl72 SAN IUAN CREEK CIRCLE, SAN IUAN CAPISfRANO, CALIFORNIA 92677 949 240-1322 FAx 949 240.1291 ' phillip@prsgrp.biz Attachment -Item No. 7 May 21, 2007 TO: Mr. David See, Senior Planner FROM: Timor Rafiq, Rafiq & Associates, Inc. SUBJECT: Summit Career College replacing a Court Reporting College at 1360 S. Anaheim Boulevard, Anaheim, CA Background: The proposed Summit Career College intends to occupy 27,876 SF of a 36,278 SF existing site, which contains two buildings. Summit Career College will provide training for licensed vocational nurses and medical assistants as well as medical billing and computerized office administrators. An insurance office will remain on the first floor of one building, occupying 8,400 SF. The previous occupant of one building of the site was a court reporting school. Although Summit Career College will occupy more square footage than the previous court reporting school, the letter of justification states that it intends to keep within the 200 student maximum that was a condition of approval of the previous use. Based upon the 3`d edition of Institute of Transportation Engineers (ITE) Parking Generation, under Land Use Code 540, a technical college that was surveyed had a parking demand of 0.82 vehicles per student. Applying this to the 200 student enrollment results in a parking demand of 164 spaces. Even if all the faculty and staff drove individual vehicles (24 educational staff and 14 administrative staff between 7:30 AM and 12•x00 noon), and these were added to the pazking demand, the resulting demand would be 202 spaces (164 plus 38). The site contains 209 spaces, which will be adequate. No pazking study would be necessary if the school is conditioned to a maximum enrollment of 200 students. A parking rate based on student enrollment is more accurate than a rate based on square footage for medical instruction, as the students move from classrooms to labs, and both portions of the instructional space are not occupied concurrently. The information above is intended to assist you in explaining why the letter provided by the applicant is acceptable rationale for allowing the waiver from the City's Municipal Code parking requirements. Should you have further questions, please contact me at (949) 633-5440. Item No. 8 ~aG~~2 ~L~o,L/O ~y~pG`2~ J~P' ~y 9 ~~ ^pJ ~~O y~P 'Q9p~L GPv ~. P~\z Q T EL RANCHO JUNIOR HIGH SCHOOL Conditional Use Permit No. 4174 TRACKING NO. CUP2007-05207 Requested By: MICHAEL L CRAMER FAIRMONT 100 INVESTORS LP 116-124 Fairmont Boulevard -Java Jean Bar VAR 41 " ''''~~"~~ Subject Property Date: May 30, 2007 Scale: 1" = 200' O.S. No. 196 1oz7s T RCL 72-73-50 (Res of Inl to RS-HS-10;000(SC)) RCL 72-73-47 VAR 2126 EL RANCHO' " MIDDLE SCHOOL T RCL 69-70-15 EL RANCHO CHARTER SCHOOL ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. N' Photo: Conditional Use Petmit No. 41:74 TRACKING NO. CWP20D7-05207 Requested By: MICHAEL L CRAMER FAIRMONT 100 INVESTORS LP 116-124 Fairmont Boulevard -Java Jean JuP toz~s Staff Report to the Planning Commission May 30, 2007 Item No. S PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this request: (a) Conditional Use Permit No: 4174; to permit beer and wihe sales for on-premises consumption, a new outdoor dinirig area and a~ expansion of an existing restaurant, wasapproved; in part; by the Zoning Administrator on September 30;1999. Beer and wine sales and consumption, the expansion of tFie existing restaurant and new outdoor dining'area were approved; however; beer and wine cohsumption within the outdoor dining area was denied. The following condition of approval was included as part of Decision No. ZA2000-02i "22 That prior to commencing anyoutdoor sale and/or consumption of beer and wine in the butdoordining area; the petitioner shall apply for and obtain approval of ahother'conditiohal usepermit specifically for the sale and consumption of beer and wine in the outdoor dining area, which outdoor dining area is detached from the building portion of this restaurant. The reason far another public hearing is to specifically advise interested persons and property owners of the proposed sale and ' consumption of beer and wine out-of-doors in ah outdoor dining area that is not contiguous to'or attached to the building portion of thisrestaurant. The petitioner shall submitplans in connection with said petition to specifically identify all details describing the outdoofdining area; including but nofnecessarily limited to; the infdrmationlisted under Condition No. 21 above:' Condition no. 21 reads as follows: "21. That prior to commencing any outdoor dining what-so-ever, the'petitioner shall submit the following information, describing the'appearance of the outdoor dining area;,to the Planning Department for Yeview and approval'by the Zoning Administrator as a "Reports and Recommendations" item: i. Fence or wall enclosure for the outdoor dining area to fully describe the safe separation between said outdoor dining area and the adjacent parking space (on ttie south`side) and driveway (off the wesfside), including materials; colors and dimensions: ii. Paving, including material(s) and color(s).:; iii. 'Outdoor dining tables'and chairs; including,materials end colors'and manufacturer's specifications and/or illustrations. iv. ' Umbrellas`if proposed; including materials' and colors; and manufacturer's specificatibns and/orillustration§: (There sfiall be no advertising or identification `bf any type what-so-ever on the umbrellas, by illustration or tezf or any other 'means of communication.) v. Landscaping if proposed, including plant species, size, location and spacing_ vi.r Outdoorlighting fixtures if proposed, including desigrT; dimensions, and placement. vii. Other details which may be needed to fully'describe the appearance of the outdoor dining area in the content of this commercial oenter, arid to show that .'said area will be compatible with the architectural design of the commercial center." Page 7 Staff Report to the Planning Commission May 30, 2007 Item No. 8 (8) The outdoor patio is completely fenced with a 40 inch high wrought iron railing witfr 44 inch high stucco. pilasters. The gate to the patio area was recently relocated from the middle portioh bf the patio to the corner; so that: it would be as close as possible to the store entry (refer to outdoor patio plan,! Exhibit No: 3). The seating area includes 8 tables and 16 chairs. {g) The submitted letter of operation indicates that Java Jean Bar is described as a bistro- tioutique serving a full menu consisting of salads, sandwiches andbreakfast fare as well as a retail store. The serving staff is vigilant about checking identification before serving alcohol, surveillance cameras are situated within the tenant space and the outdoor patio. Beer and wine would be brought to the. patio by a server: A total of 15 employees and two shifts are necessary to Barry out all of the business and staffing. needs The hours of operation are Monday through Wednesday, from 8 a.m. to 9 p:m:, Thursday from 8 a.m. to 10 p.m:, Friday through Saturday, from 9'a.m. to 11' p:mi and Sunday, from 10 a.m. to 9 p.m. No alcoholic beverages are served before 10 a:m. ENVIRONMENTALIMPACTANALYSlS: (10) Staff recommends that the previously-approved Negative Declaration serve as tfie required environmental documehtation for this request. EVALUATION: (11) 'The Planning Commission is the approval authority for beer and wine sales within restaurants that are hot fully enclosed. This request fulfills condition no 22 of Zoning Administrator Decision No. 2000-02. The restaurant and outdoor dining area are in compliance with the original approval, with the exception of the number ofseats. In order for the outdoor area o include mare than ten seats, the parking patio for restaurants must be applied to the 350 square foot. patio. At 8 parking spaces per;1,000 square feet, three additional parking spaces would be required for this business. Variance No. 4313 was approved for this site,'allowing reduced parking for uses requiring a maximum of 450 spaces. The requested additional seating for the patio would result in a total of 434 spaces required for the entire'commercial center, which is within the prior parking waiver granted under Variance No. 4313. No additional parking is required. "(12) The attached memorandum from the Police Department shows that the shopping center is . within an area of low crime. Additionally, the census tract population would allow fa 5 alcohol licenses, while three currently exist The Police Department does not oppose the request to serve beer and wine in the detached patio;: subject to the recommended conditions of approval: Conditions that specifically pertain to the new request are identified ih!bold in the attached draft resolution. Since the request for beer and wine consumption within the outdoor dining area isaccessory to the existing business and there havebeen no complaints for the existing operation, staff recommends a royal of the request. :'.FINDINGS: (13) Before the 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 4 1 Staff Report to the Planhing Commission May 30, 2007 Item No. 8 (a) That the modification of use is properly one for which a conditional Lse permit is authorized by the Zoning Code; or is an unlisted use as defihed in Subsedtion .030 (Unlisted Uses Permitted) of Section 18.66.040 {Approva(Authority); (b) That the modification will not adversely affect the adjoining land uses or the growth and development of the area iri 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 td the particular area or to the health and safety; (d) That the traffic generated by the modified 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 modifications under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATIONi (14) Staff recommends that the Planning Commission take the following actions:. (a) By motion, determine that the previously-approved Negative Declaration is the: appropriate environmental determination. (b) By resolution, a rove, the request to modify Conditional Use Permit No. 4174 (Tracking Nb: CUP2007-05207). Page 5 [DRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING CONDITIONAL USE PERMIT NO. 4174 AND SUPERCEEDING ZONING ADMINISTRATOR DECISION N0.2002-02 (116-124 SOUTH FAIRMONT BOULEVARD) WHEREAS, on December 30, 1999, the Anaheim Zoning Administrator did, by its Decision No. 2000-02, grant Conditional Use Permit No. 4174 in part, to permit expansion of the existing restaurant with on-premises sale and consumption of beer and wine into an adjacent unit and to permit an outdoor dining area; but that the proposed on-premises sale and consumption of beer and wine in the outdoor dining area was denied; and WHEREAS, Decision No: 2000-02 includes the following condition: "22. That prior to commencing any outdoor sale and/or consumption of beer and wine in the outdoor dining area, the petitioner shall apply for an obtain approval of another conditional use permit specifically for the sale and consumption of beer and wine in the outdoor dining area, which outdoor dining area is detached from the building portion of this restaurant. The reason for another public hearing is to specifically advise interested persons and property owners of the proposed sale and consumption of beer and wine out-of-doors in an outdoor dining area that is not contiguous to or attached to the building portion of this restaurant. The petitioner shall submit plans in connection with said petition to specifically identify all details describing the outdoor dining area, including but not necessarily limited to, the information listed under Condition No. 21, above WHEREAS, the property is developed with a commercial retail center and is within the General Commercial (C-G), Scenic Corridor Overlay (SC) Zone. The General Plan designates this property for General Commercial land uses; and is situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 207, PAGES 41 AND 42 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL B: ANON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS, EGRESS AND ACCESS PURPOSES'ON, OVER AND ACROSS THOSE PORTIONS OF PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 207, PAGES 41 AND 42 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AS MORE PARTICULARLY SET FORTH IN ARTICLE 2, SECTION 3 OF THAT CERTAIN DECLARATION OF .RESTRICTIONS, RECORDED FEBRUARY 21, 1986 AS INSTRUMENT NO. 86- 071660 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL C A NON -EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, VEHICULAR PARKING AND A RETAINING WALL AND APPURTENANCES OVER THAT PORTION OF THE LAND ALLOTTED TO PAULA PERALTA DE DOMINGUEZ AS DESCRIBED IN THE FINAL DEGREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF C'R\PC2007- -1- PC2007- JUDGMENT OF THE DISTRICT COURT OF THE 17T"JUDICIAL DISTRICT, IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1, AS SHOWN - ON A MAP FILED IN BOOK 207, PAGES 41 AND 42 OF PARCEL MAPS, IN THE OFFIGE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.,.... SAID CORNER BEING IN THE SOUTHEASTERLY LINE OF EASTBOUND SANTA AND CANYON ROAD, AS SHOWN ON SAID PARCEL MAP, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2110.00 FEET, A RADIAL LINE TO SAID CORNER BEARS SOUTH 39°35'13" EAST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 42°39'42" EAST 165.44 FEET AND SOUTH 62°39'42" EAST 56.00 FEET; THENCE SOUTH 42°39'42" EAST 165.44 FEET AND SOUTH 62°29'42" WEST 217.18 FEET TO A POINT IN THE NORTHEASTERLY EXTENSION OF SAID SOUTHEASTERLY LINE OF ' WESTBOUND SANTA ANA CANYON ROAD, ALSO BEING A POINT IN THE NORTHEASTERLY EXTENSION OF SAID CURVE, A RADIAL LINE TO SAID PINT BEARS SOUTH 40°06'13" EAST; THENCE SOUTHWESTERLY LINE THROUGH A VENTRAL ANGLE OF 0°31'00" AN ARC LENGTH OF 19.02 FEET TO POINT OF BEGINNING. PARCEL D: ANON -EXCLUSIVE EASEMENT FOR LANDSCAPING AND APPURTENANCES OVER THAT PORTION OF THE LAND ALLOTTED TO PAULA PERALTA DE DOMINGUEZ AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA. WHICH EASEMENT ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17T"JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1: AS SHOWN ON A MAP FILED IN BOOK 207, PAGES 41 AND 42 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SAID CORNER BEING IN THE SOUTHEASTERLY LINE OF EASTBOUND SANTA ANA CANYON ROAD. AS SHOWN ON SAID PARCEL MAP, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2110.00 FEET, A RADIAL LINE TO SAID CORNER BEARS SOUTH 39°35'13" EAST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 42°39'42" EAST 165.44 FEET AND SOUTH 62°29'42" EAST 56.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 42°39'42" WEST 217.18 FEET TO A POINT IN THE NORTHEASTERLY EXTENSION OF SAID SOUTHEASTERLY LINE OF EASTBOUND SANTA ANA CANYON ROAD, ALSO BEING A POINT I THE NORTHEASTERLY EXTENSION OF SAID CURVE. A RADIAL LINE TO SAID POINT BEARS SOUTH 40°06'13" EAST; THENCE NORTHEASTERLY ALONG SAID NORTHEASTERLY EXTENSION OF SAID CURVE AND SAID SOUTHEASTERLY LINE THROUGH A CENTRAL ANGLE OF 0°37'25" AN ARC LENGTH OF 22.97 FEET; THENCE LEAVING SAID NORTHEASTERLY EXTENSION SOUTH 40°43'38" EAST 28.00 FEET' THENCE SOUTH 47°20'18"WEST 10.00 FEET; THENCE SOUTH 42°39'42" EAST 215.00 FEET' THENCE SOUTH 47°29'18"WEST 2.38 FEET TO SAID NORTHEASTERLY LINE OF PARCEL 1; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 62°29'42" WEST 28.38 FEET TO THE TRUE POINT OF BEGINNING; and WHEREAS, the applicant has requested an amendment to Conditional Use Permit No. 4174, as previously-approved by Decision No.ZA 2000-02, to permit the on-premises sale and consumption of beer -2- PC2007- and wine in the outdoor dining area in addition to the on-premises sale and consumption of beer and wine within an existing restaurant located in a commercial retail center; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the Ctty of Anaheim on May 30, 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 the proposed amendment to Conditional Use Permit No. 4174 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 request to permit on-premises sale and consumption of beer and wine in the outdoor dining area is properly one for which. a conditional use permit is authorized by Section 18.08.030.0040.0402 (Alcoholic Beverage Sales - On Sale) of the Zoning Cade; 2. That the request to permit on-premises sale and consumption of beer and wine in the outdoor dining area will not adversely affect the ad}'oining land uses or the growth and development of the area in which it is proposed to be located; 3. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the. particular area or to the health and safety; 4. That the traffic generated by the modified use will not impose an undue burden upon the streets and highways designed and improved to parry the traffic in the area; and 5. That the granting of the modifications 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: That the Anaheim Planning Commission has reviewed the proposal to permit on-premises sale and consumption of beer and wine in the outdoor dining area and does hereby fihd that the Negative Declaration previously-approved in connection with Conditional Use Permit No. 4174 is adequate to serve as the required ehvironmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and thaf it has considered the Negative Dedla~atioh tdgether with any comments received during the public review process and further fihding on the basis of the initial study and any comments received that there is no substantial evidence tFiaf the project will have a significanYeffect bn the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does hereby approve the request to'permit on-premises sale and consumption of beer ahd wine in the outdodr dining area in'additidn to the dn-premises sale and consumption of beer and wine within an existing restaurant located in a commercial retail center. BE IT.FURTHER RESOLVED that the Anaheim City Planning Commission does hereby grant the amendment to Conditidnal Use Permit Nd. 4174 subject to all of the following conditions: 1. That alcohol service on the patio shall stop one hour prior to store closing to ensure that observation of the patio area will be continuous and not be disrupted with closing operations of the retail store. 2. That all alcohol consumed bn the patio shall be served by employees.' Said employees must be 18 years of age. Customers may not carry their own alcoholic beverages to the patio area. -3- PC2007- 3. That since the patio at this location is detached, it will be monitored under video, surveillance. 4. That this restaurant shall be operated as a "bona fide public eating place" as defined by- - Section 23038 of the California Business and Professions Code. 5. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim: 6. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. 7. That food service with a full meal shall be available frombpening time until either 11:00 p.m. or closing time, whichever occurs first, on each day of.operation: 8. That there shall be no pool tables maintained upon the premises at any time. 9: That the sale of beer and wine shall not exceed forty percent (40%)ef the gross sales of all retail sales during any three (3) month period. The applicantshall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall' be made available; subject to audit and, when requested, to inspection by any City of Anaheim official during reasonable business hours. ' 10. That there shall be no live entertaihment, amplified music or dahcing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. 11. That the sale of beer and wine for consumption off the premises shall be prohibited. ' 12. That there shall be ho exterior advertising bf any kind or type, including advertising directed to the exterior from inside the building, promoting or indicating the'availabilitybf alcoholic ' beverages. 13. That the activities taking place in conjunction with the operation`of this Yestauranf shall noF cause noise disturbance to surrounding properties: 14. That the parking lot serving the premises shall be equipped with lighting of sufficientpower to illuminate and make easily disdernible the appearahce and conduct of all persons on or about the parking lot: Said lighting shallbe directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences: 15. That thebusihess operator shall comply with Section 24200.5 of the Business and Professions Code so as hot to employ or permiEany persons to solicit or encourage others, directly or indirectly, to buy them tlrinks in the licensed premises under any commission, percentage,. salary, or other profit-sharing plan, scheme or conspiracy: 16. That all doers serving this restaurant shall. conform to the requirements of the Uniform Fire Code, and shall be kept closed and unlocked at all times during hours of operation except for ingress and egress, to permit deliveries, and in cases of emergency. 17. Thafthere shall tie ho public telephones on the premises located outside the building. 18. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance., removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of discovery. -4- PC2007- 19. That no outdoor storage shall be permitted. 20. That the hours of operation shall be limited to the following: Monday: 7 a.m. to 9 p.m. Tuesday through Thursday: 7 a.m. to 10 p.m. Friday: 7 a.m. to 11 p:m. Saturday: 8 a.m. to 11 p.m. Sunday: 8 a.m. to 9 p.m. 21. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein: 22. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVEp that the approval of this Resolution amending Conditional Use Permit No. 4174, subject to the conditions stated above, supersedes Decision No. ZA 2000-02 in its entirety. 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 khereof, 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 far 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 May 30, 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 -5- 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 May 30, 2007, by the following vote pf the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREO=, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2007- Attachment -Item No. 8 DECISION NO. ZA 2000-02 A DECISION OF THE ZONING ADMINISTRATOR APPROVING CONDITIONAL USE PERMIT NO. 4174, IN PART OWNER: Fairtnoht Plaza Partners,lLC 4740 E. Bryson Street Anaheim, CA 92807 AGENT: Mersedeh Masoomali 8602 E. Cliffside Drive, #110 Anaheim., CA 92807.. LOCATION: 118-124 South Fairmont Boulevard CEQA STATUS: CEQA Negative t)edaratioh HEARING DATE: December 30, 1999 OPPOSITION: No ane indicated their presence at the public hearing in opposition to the proposal and no correspondence was received in opposition. REQUEST: 'Petitioner requests approval of a conditional use permit under authority of Code Sections 18.12:050:010, 18.12:050.015, 18..44.050.010 and 18.44.050.30p to permit beep and wine sales for on-premises consumption and a hewbutdoor dining area in connection with the expansion of an existing restaurant located in a wmmerdal retail center. Having been appointed Zoning Administrator by the Planning Director to deGde the above-referenced petition, pursuant to Anaheim Munidpal Code Secgon 18.12.020, and a public hearing having been duly Noticed for and held on the date set forth above, I do hereby find, pursuant to the Secions 18:02.030.030 through 18.02.D30:D35 of the Anaheim Munidpal Coder is That the proposed use is propedyone for which a cohdtional use permit is authorized by the Zoning Code. 2. That the proposal ishereby-approved, in part, to permft expansion of the existing restaurant with on-premises sale and consumption of beer'8nd wine into an adJacent unR and to permit an outdoor dining area; but that the proposed on-premises sale and consumption of beer and wine in the outdoor dining area is'hereby denied.' 3t That the proposed use, as granted, will not adversely affect the adJoining lahd uses end the growth and development of the area in which ft is proposed to lie located. 4: That the size and shape bf the site for the proposed use is adequate to allow fuif development of the proposal, as granted, in a manner not detrimental to the particular area norto the peace, health, safety and general welfare. 5: That the traffic generated by the proposeduse, as granted, will not impose art undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting of this conditional use permit, in part and under the conditions imposed, will not be detrimental to the peace, health; safety and general welfare of the citizens of the City of Anaheim. ZA-C4174.dac - 1 of 4 - ZA2000-02 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal to permit beer and wine sales for on-premises consumption and a new outdoor dining area in wnnectionwith the expansionbf an'existing restaurant in a commercial retail center on an" irregularly-shaped 2.4-acre property located aline southeast comeFof Santa Ana Canyon Road and Fairmont Boulevard, having frontages of 168 feet on the south side pf Santa Ana Canyon Road and 377 feet on the east side of Fairmont Boulevard, .and further described as 118-124 S. Fairmont Boulevard (Capone's Pasfa and Pizza Restaurant); and does hereby approve the Negative Decoration upon finding that she has considered the Negative Declaration togetherwith any comments received during the public review process and furtherfinding 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. Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional Use Permit No. 4174, in part, subject to the following conditions: 1. That this restaurant shall be operated as a "bona fide public eating. place" as defined by Section 23038 of the Califomia Business and Professions Code. 2. That there shall be no bar or lounge maintained on the property unless licensedby Aiceholic' Beverage Control and approved by the Cky of Anaheim. 3. That food service with a full meal shall be available from opening time until eAher 10:00 p.m. or closing time., whichever occurs first, on each day of operation. 4. That there shall be no pool tables maintained upon the premises at any yme. 5, That subject alcoholic beverage Bcense shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Califomia Business and Professions Code... 8. That the sale of beer and wine shall not exceed forty percent (40%) of the gross sales of all retail sales during any three (3) month period.: The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other kerns. These records shall be made available, subject to audit and, when requested, to inspection by any City of Anaheim official during reasonable business hours. 7. That there shall be no live entertainment, amplified music or dancing permitted on the promises at any time without issuance of proper pemnits as required by the Anaheim Municipal Code. 8. Tnat the sale pf beer and wine for consumption off the premises shall be prohibited. 9. That there shall be no exterior advertising of any kind or type, including advertising directed to the extedor from inside the building, promoting or indicating the availability of alcohol beverages. 10. That the activities taking place in conjunction with. the operation of this restaurant shall not cause noise disturbance to surrounding properties: , 11. That the parking lot serving the premises shall lie equipped with lighting of sufficient power to .illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot.: Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 12. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profd-sharing plan, scheme or conspiracy. ZA-C4174.doc - 2 of 4 - ZA2000.02 13. That all doors serving this restaurant shall conform to the requirements of the Uniform Fire Code, and shall be kept closed and unlocked at all times during hours of operation except for Ingress end egress, to permit deliveries, and in cases of emergency. 14. Thatthere shall tie no .public telephones on the premises Iodated outside the building. 1S. That the property shall be permanently maintained in an orderly fashion tftrough the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffdi wfthin twenty four (24) hours from time of occurence. 16. That ho outdoor storage shallbe permitted and any existing outdoor storage shall be removed within a period of one (1) month from the date of this decision.: 17. That, as stipulated by the petitioner, the hours of operation shall be I(mited td the following: Monday: 7 a.m. to 9 p.m. Tuesday through Thursday: 7 a.m. to 10 p.m. Friday:. 7 a.m. to 11 p.m. Saturday: 8 a.m. to 11 p.m. Sunday: 8 a.m. to 9 p.m. 18. That subject property shall be developed substahtially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 19. That priorto commencing the sale and consumption ofbeer and wihe in the building expansion portion of this restaurant or within a period of one (1) year from the date of this decsion, whichever occurs first, Condition No. 18, above-mentioned, shall be complied with. Extensions forfurther time to complete said condRions may be granted. in accordance with Sedion 18.03.090 of the Anaheim Municipal Code..... 20. That approval of this application constitutes approval of the proposed request only to the eMent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations.. Approval does not InGude any action orfindings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement 21. That prior to commenting any outdoor dining what-so-ever, the petitioner shall submft the following information, describing the appearance of the outdoor dining area, to the Planning Department for rev(ew and approval by the Zoning Administrator as a °Reports and Recommendations' item:' {a) Fence or wall enGosure for the outdoor dining area to fully describe the safe separation between said outdoor dining area and the adjacent parking space (on the south side) and driveway (on the west side)., inGuding materials, colors and dimensions. (b) Paving, inGuding material(s) and color(s). (c) Outdoor dining tables and chairs, inGuding materials and colors and manufacturer's specifications and/or illustrations. (d) Umbrellas if proposed, inGuding materials and colors, and manufacturers spetifica8ons and/or illustrations. (there shall be no advertising or identification of any type what-so-ever on the umbrellas, by illustration or text or any other means of communication,) (e) .Landscaping if proposed, inGuding plant species, size, location and spacing. (f) Outdoor lighting foctures if proposed, including design, dimensions, and placement. ZA-C4174:doc - 3 of 4 - ZA2000.02 (g) Other details which may he needed to fully describe the appearance of the outdoor dining area °"° " in the context of this commercial center, and to show that said area will be compatible wBh the arohitedural design of the commercial center. 22. That prior to commencing any outdoor sale and/or consumption of beer and wine In the outdoor dining area., the petitioner shall apply for and obtain approval of another conditional use permit specifically for the sale and consumption of beer and wine in the outdoor dlning area, which outdoor dining area is detached from the building portion of this restaurant. The reason for another public hearing is to specifically advise Interested persons and property owners of the proposed sale and consumption of beer and wine out-of-doors in an outdoor dining area that is not contiguous to or attached to the building portion of this restaurant: The petftioner shall submk plans In connection with said petition to specifically identify all details describing the outdoor dining area, inGuding but not necessarily Iimfted to, the information listed under Condition No, 21, above. This decision is made., signed, and entered Into the file thls 6th day of January 2000. Annika M. Santalahtf, Zoning Admmrstrator NOTICE: This decision shall become final unless an appeal io the City Council, in writing, accompanied by an appeal fee, Is filed with the City Cleri(within 15 davs of the date of the signing of this decision or unless members of the City Council shall request to review this decision within said 15 days DECLARATION OF SERVICE BY MAIL: 1 do hereby deGare under penalty of perjury that on the date set forth below, I did deposit, in the lJnited States Mail, a copy of the decision to the applicant and did forvvani a copy to the City Clerk. ~ }- ~ ,; ~ ~ DATE: January 6, 2000 ~L//G~GLt.~.aJ~~L4~C/ Gry ~/{$ Patricia Korai, Sr. Word Processing erator ZA-C4174.doc - 4 of 4 - ZA2000-02 ,,~pHS(sj ~°. ~'O. ~O, ~Fi ' T1. iiu~ ;~ i> s :\ ~, ~VNUED.~/ City oyy ggf/~yyATTp~~ngTa~.hpT~eim ipT~reTMSa~~~~eq•T P®LJd l~x'~ JII EJ~~II.AHI~A1Jl\ Y Special Operations Division To: Elaine Thienprasiddhi Planning Department From: Sergeant Mike Lozet>u Vice Detail Date: April 17, 2007 RE: CUP 2007-05207 Java Jean Bar 116 S. Fairmont Blvd. Anaheim, CA 92808 Attachment -Item tdo. 8 I he Nonce Department received an I:D.C. Route Sheet for CUP File 2007-05207. The applicant is requesting to amend conditions of approval to add the consumption of beer and wine to their outdoor patio area The location is within Reporting District 1342, which has a crime rate of 76 percent below average. It is also within Census Tract 219.21. This Census Tract has a population of 4,520 and allows for 5 on sale ABC licenses. There are currently 3 licenses in the tract. The Anaheim Police Department does not oppose this request. We ask that the following conditions be placed on their Conditional Use Permit: 7) 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) At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant.. 3) There shall be no bar or lounge area upon the licensed premise maintained for the purpose of sales, service, or consumption of alcoholic beverages directly to patrons for consumption. Anaheim Police Dept. 425 5. Harbor Blvd. Anaheim, CA 92805 T'EL: 714.765.1401 FAX: 714.765.1665 4) There shall be no pool tables or amusement devices maintained upon the premises at any time unless the proper permits have been obtained from the City of Anaheim. Memorandum Elaine Thienprasiddhi Java Jean Bar _. ;,: 5) There shall be no live entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 6) The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 7) Alcohol service on the patio shall stop one hour prior to store closing. This will ensure that proper observation of the patio area will be continuous and not be disrupted with closing operations of the retail store, 8) That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 9) There shall be no'admission fee, cdver charge, nor minimum purchase required. 10) That the business operator shall comply with Section 24200.5 of the Business and Profession Code so as not to employ or permit any persons to solicit dr encourage others; directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 11) All alcohol being consumed on the patio shall be served by employees. Said employees must be 18 years of age. No customer may carry their own alcoholic beverages out to the patio area. 12) The patio at this location is a detached patio. The owner has agreed to have the patio area under video surveillance. This is also an ABC condition. filhomelmminvin12007-05207 Java Jean Bar.doc Page 2 Item No. 9 SP 9461-tb FyGI 59.66.62 P•5&6g-CINNDLODY PNANEI GEN1E3 DP ghe4eld g<. 1240' lp SP B4-t DA3 RCL 6667-14 RCL 51-62-69 (1) CUP 154fi VAR 2606-04586 SMALLIND. PIRM SP g43 OP 6i-t4 RCL 6 62-69 ail pyGl 61P 3048 CU DG1P~ 6ENVICES EN R AVENUE ,,(yP ~~ RCL 61-6 69(7) CUP 1546 SMALL IND. FIRM ~P P~P/T SP 94-t DA 3 RCL 87-08-39 RCL 6667-74 RCL fi0.67-763 CUP 3724 VAR 3754 VAR 4670 SMALLIND. FIRM acs soar-IS4 6P 841 pA a SP 94.1 DA 5 RCL 6667-t4 RCL 66-61-1 W CUP 3768 ELECTRONICS STORE SP 94-1 pA s RLL 61-86.39 RCL 60~t-163 CUP 3861 CUP 3751 CUP 3124 VAR6070 yGOMM BUS. 4 t ALLY.-r ; . 6P93 DP. 11 VPR 4~ FC1' g15 fig ~t~ RG1.61- t2t5 :''„'-~ V~PR 4M NT RCL 91-92-03 ~~~ - y ~~~ PV`CENTE7L CUP 1546 ~/~ CUP 2039 wpY lSR.9~) RIVERgIDE FRE/ ~CJS N'CE `~soi t2ppgL5t~ p P~~6it`' T~p ~15251 gp7 FRO Sn DS ~ ot ..F ALL PROPERTIES ARE IN THE ALPHA (NORTHEAST AREA) REDEVELOPMENT AREA Subject Property Conditional Use Permit No. 2007-05209 Date: May 30, 2007 Scale: 1" = 200' Requested By: BRANDON RAINONE Q.S. No. 145 3364 East La Palma Avenue -Concourse Bowling a 10275 1 Staff Report to the. Planning Commission. May 30, 2007 Item No. 9 9a. CEQA NEGATIVE DECLARATION 9b: WAIVER OF CODE REQUIREMENT 9c. CONDITIONAL USE PERMIT NO. 2007-05209 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: (1) This 2.7-acre property is identified as 3364 East La Palma Avenue and is occupied by Concourse Bowling. The property owner and applicant is the business owner, Brandon Ratndne with Outer Spring Volcano. REQUEST: (2) The applicant requests approval of a conditional use permit to remodel an existing bowling facility including an expansion fora management office and permit telecommunications. towers under authority of Code Section Nos. 18.120.0507 (Bowling Alleys) and 18.120:0511 (Telecommunications Antennas) with waivers of the following provisions:. (a) SECTION NO. 18.42.050.010 Minimum numtier of parkino spaces 526 required; 240 proposed) (b) SECTION NO. 18.44.110.0103 Maximum letter heioht for a wall sigh. (24 inches permitted; 48 inches proposed) (c) SECTION NO. 18.120.100.060.0803 Maximum floor area ratio. 0.25 .permitted; 0.32 proposed) (d) SECTION NO. 18.120.100.060.0901 Required landscaoino adjacent to a freewav. DELETED (e) SECTION NO. 18.120.100.1312 Maximum size of a freewav-oriented wall sign. 250 square feefpermitted;1000 .square feet proposed) BACKGROUND: (3) This property is currently developed with a bowling facility and is located in the Northeast Area Specific Plan, Commercial Area (SP94-1, DA 5). The General Plan designates this - property and property to the east for General Commercial land uses and properties to the north and west for Low Intensity Office uses. The property is bounded by the SR-91 freeway to tF1e south. (4) Brandon Rainone, the property owner and business operator, has submitted the attached letter dated May 10, 2007, requestthg a continuance of this: item to the June 11, 2007 Commission meeting in order to allow time to address issues with the proposed plan; RECOMMENDATION`. {5) Staff recommends that the Commission, by motion, continue this item to the June 11, 2007, Planning Commission meeting as requested by the applicant Case Planner. Elaine Thienprasiddhi Page 1 Srcup2007-05182k1w_51407.doq : J Attachment -Item No. 9 May l Q, 2007 Dear Planning Commission and Staff, At this time we would like to request a continuance on our recent submittal to the planning staff. Meetings will be set with individual staff and planning commission in order to clarify our intentions and address possible concerns. Despite our diligence, however, requests have been made for additional information regarding the proposed addition to The Concourse. In order to appropriately entertain these requests and sufficiently appeal to the commission's objectives, we would appreciate a two week extension. It is our intention to provide the planning commission with a thorough project plan that expresses how this addition is integral to The Concourse for reaching its full potential as an entertainment center, while proving its value to the City of Anaheim. If there is any uncertainty regarding this request, please feel free to contact me at your convenience. We appreciate your consideration, and look forward to your response. Kindest regards, Brandon Rainone Owner, The Concourse Bowling Center l Item No. 10 00 LJ~_! Z RM-4 RCL 6&69-65 VAR 4111 VAR 347p NUTW000 APARTMEMS 2B UNITS NCH T 1 DU EACH W .~J ~ W f- O .CH Z RM-~ RCL 68-69-65 (1) CUP 1366 HERITAGE VILLAGE TOWNH:"'!USES 97 Ur:9TS RS-2 1 DU EACH TAMARA LANE RS-2 1 DU EACH RCL 66-66-14 CUP 724 VAR 3590 ~~-` RS-2 167 cc RCL3o0>~O^'^2 } RCL fi68E :1i. LUP2007-C. i9fi V 2~ euPloe Ep } LUP 10 N T1M 17t i9 ~ VACAH GL~! 1497 M-0 DU SUMAC LN RM-0 7DU7DU 8DU DU 7DU 7DU BpU 7DU RM-4 RCL 76-77-51 RCL 56-59-1 24 DU CL5&594 gp39049 RCL S&5&i CAP DEALERSHIP N All SHOP m RCL m RCL _ IT ~q~E m OFFICE "ATM s AI-L C~r~M Ps SPACES oasi~cs aNaHeuaci7vuMirs ~ KATE! LA AVENUE Reclassification No. 2007-00192 Gonditional Use Permit NO. 2007-05186 Tentative Tract Map No. 17115 Requested By: MEHDI M. EBRAHIMZADEH 1745 South Easy Way Subject Property Date: May 30, 2007 Scale: 1"" = 200' Q:S. No. 50 1oz76 IBDU fiDUIRD R~4O11~6D12~58DU \6DU Reclassification No. 2007-60182 Conditional Use Permit No. 2007-05186 Tentative Tract Map No. 17115 Requested By: MEHDI M. EBRAHIMZADEH Dale ofP Juy Subject Property Date: May 30, 2007 Scale: 1" _ 200' Q.S. No. 50 Photo: tl 1745 South Easy Way ~oz~a Staff Report to the Planning Commission May 30, 2007 Item No. 10 10a, CEQA NEGATIVE DECLARATION (Motion) 10b.. RECLASSIFICATION NO. 2007-00192 (Resolution) 10c: CONDITIONAL USE PERMIT N0:2007-05186 !(Resolution) 10d, TENTATIVETRACT MAP N0 17115 (Motion) , :SITE LOCATION AND DESCRIPTION: `! (1) This 0.4-acre: propertyls identified as 1745 South Easy Way. The property owner and applicant is Mehdi Ebrahimzadell represehting La Vue LLC. 'REQUEST: (2) The applicant requests approval of the following applications: (a) Reclassification Nd. 2007-00192 - to reclassify the property from the General Commercial;(C-G) zgne tothe Multiple-Family Residential (RM-3) zone. (b) Conditional Use Permit No: 2007-05156 - to construct a 5-unit attached single-family residential condominium complex under authority of Code Section Nos. 18.06.030.040.0402 (Dwellings -Single-FamilyAttached)' and 18.06(160. (c)' Tentative Tract Mao Ne. 17019 - to establish a 1-lot, 5-unit airspace attached r residential condominium subdivision, i BACKGROUND: (3) Tnls propertyis currently vacant and is located within the General Commercial (C-G) zone. The General Plan designates this property and the property to the south for Corridor Residential land uses: Properties to the north and west are designated for Low Density Residential land uses and properties to the east, across Easy Way, for Medium Density Residential land uses. PROPOSAL: (4) The applicant is requesting reclassification of the property from the General Commercial zdne to the Multiple Family Residential zone in connection with a conditionatuse permit and tentative tract map`to construct a one ot, 5-unit attached single familyresldehtiai condominium subdivision. The site plan and tentative tract map indicate the following site cftaracteristics: Development Standards Proposed Project ~ RM~3 2orie Standards Site Area 0.4scres 17,580 s.f. N/A Number of Dwelling Units/Densi 5'dwelling units/12.5 d.u. per - acre 7>units maximum/18 d.u. per acre Avera a Land Area er Unit 3,516 s.f: 2,400 s,f: minimum LotCovera e i 33.0% 45%maximum Avg. Rec/Leisure Area per DU` g35 s.f. per unit (4,174 s.f. total) .350 s.f. per unit (2,tb0 s.f. total) Case Planner. Elaine Thienprasiddhi SR RCL2007-00192eyt.dod Page 1 compatibility with surrounding uses. (6) Vehicular access would be provided via one driveway from Easy Way. Decorative colored and stamped concrete would be incorporated into the driveway entry and throughout the circulation area in order to break up the paved surface. The site plan proposes a total of 13 parking spaces wfthirt the subdivision, with two (2) spaces within a garage for eacFi unit and three (3) uncovered apaces. Code requires a total of 13 parking spaces basedon the Page 2 Staff Report to the Planning Commission May 30, 2007 Item No. 10 requirement of three (3) spaces fora 3-bedroom unit (3 x 2 units = 6 spaces) and 2.25 spaces fora 2-bedroom unit (2.25 x 3 = 6.75). (7) The floor plans (Exhibit Nos, b arid 2) indicate 2-story units consisting of'an attached two- ` cee'garageliving Foom; nook; kitchen; ahd powderroom on the first floors The second floor would contain two or three bedrooms, two bathrooms;lauhdry room and a loft; ; summarized'as follows`. a Staff Report to the Planning Commission May 30, 2007 Item No. 10 ENVIRONMENTAL IMPACT ANALYSIS: (10) < Staff has Yeviewed the proposal to construct a 5 unit attached single familyYesidential development: Staff preparedan Initial Study which is`available for review in the Planning Department; ahd the study concludes that there. will be no significant environmental impacts; therefore, staff recommends that a Negative Declaration be`approved. EVALUATION: (11) The General Plan Land Use Element designates this property fdr Corridor Residential land Lses, with a densityrahgebf O td 13 dwelling units per acre: The applicant proposes a reclassificatidn of the property from the C-G zone to the RM-3 zone, to construct 5 attached single familybondominium dwelling units at a density of 12.5dwelling units per acre in compliance with the General. Plan.. The proposed development would be compatible with the existing multiple-family residential development to the east, across Easy Way, and sited in a manner which would mitigate any impacts to the adjacent single-family residential homes to the north. and west (12) Attached single family Fesidendes are permitted in the RM-3 zone subject to the approval of a conditidnalUse permit under authority of Code Section 18:06.160 pertaining to residential planned unit developments: Modifidatioh to standards is allowed in order to achieve good project design, privacy, livability, and compatibilitywitfi surrounding uses, as outlined in Code Section 18.06.160. The project varies from tfie Cdde with regard to building setbacks and landscape setbacks as outlined in paragraph 6 above. (13) Staff believes the proposed project is compatible witfi`existing and surrounding land uses. Tfie deviations from'cdde would'achieve a good project designed to provide privacy to residences around the project, and livability for resitlents within the project:: The proposed setbacks fdr the side of the proposed building abutting the single-family. home to thenorth is double the setback thatwduld be required fdr atypical Single-family (RS-2) zoned property. The rear setback proposed along the west property line is also double the setback that would be required fora. typical single-family zoned: property. The proposed setback along the south property line;: abutting the commercial site cbmplles with Code for the firststory, but a 5 footdeviation is required for the second story:: Staff will require as Part of the final landscape plan that tall trees be planted ih order provide an adequate buffer between the two uses. The proposed landscape setback adjacent to Easy way complies with Cpde for the northerly portion of the site,`but a deviation,is requested for the southerly portion in order to accommodate a parking space: Staff will'requireas part of the final landscape plan dense, layered landscaping in order adequately screen parking spaces`and create the appearance of a more substantial setback.: (14) The site is within an area of insufficient sewer capacity. The Public Works Department, Development Services Division fias indicated that the`deficiehdy will be corrected by August 2007: Tfie City is currently designing the sewerupg~ade prdjecfwhichwill tie included in the Katella Avenue Widening Project from Humor Streeftd Jean Street, Staff has included a condition of approval that no building permits sfiall be issued for the prdjecfuntil the Katella Avenue project has been awarded to a contractor. This timing. is acceptable to the applicant, based on their construction schedule. Page 4 Staff Report to the Planning Commission: May 30, 2007 Item No. 10 (15) Theproposed subdivision is consistent with the Geheral Plan:: Staff has included conditions ofapprdval relating to lahdscape design and maintenance and review of detailed flhal elevation plahs to ensure that the details of the project reflecfa quality project. Staff recommends approval of the project. FINDINGS: (16) Before the Planning Commission grants any conditional use permit for a residential planned uniYdevelopment; ifmust make a finding of fact that the evidehce presented shows that all of the following conditions exist:' (a) The uses within the project are compatible; , (b) New buildings or structures related to the project are compatible with the scale, mass; bulk, and orientation of existing buildings in the surrounding. area; provided the existing buildings conform with the provisions of this title; (c) Vehicular and pedestrian access are adequate; (d) The project is consistent with applicable design guidelines adopted by the City; (e) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use jrr a manner not detrimental to theparticular area;: (f)' 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; (g) The project complies with the General Plan and any applicable zoning or specific plan; and (h), The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace; health; safety and general welfare of the citizens of the City bf Anaheim" {17) "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 law requires that the Commission make any of the following findings when denying or recommending dehial of a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plahs: 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 far the type of development 4. That the site is not physically suitable for the proposed density of development. Page 5 Staff Report to the Planning Commission May 30, 2007 Item No. 10 5: That the design of tfie subdivision or the proposed improvements are likely to cause substantial ehvironmental damage or substantially ahd 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 healthproblems. 7. That the design of the subdivisionorthe type of improvements will conflicfwith easements, acquired by the public at large, for access through or use of property within the proposed subdivision." RECOMMENDATION: (18) Staff recommends that the Planning Commission take the following actions as indicated in the attached ~esolutidhs inGuding the findings and cohditions contained therein: (a) By motion, ao rove a Negative Declaration. (b) Byfesolutioh;`ao rove Reclassification Na 2007-00192. (c) By resolution, ap rove Conditional Use Permit No. 2007-05186:: (d) By motion, aQ rove Tentative Tract Map No. 17115. Page 6 [DRAFT] RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2007-00192 BE GRANTED - (1745 SOUTH EASY WAY) 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: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM; COUNTY OF ORANGE, STATE OF CALIFORNIA, THE SOUTHEAST QUARTER OF SAID SECTION 20 IS SHOWN ON A MAP FILED IN BOOK 17, PAGE 27 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER DISTANCE THEREON 553.00 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, 189.00 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 161.00 FEET, THENCE EASTERLY PARALLEL. WITH SAID SOUTH LINE 109.00 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTHERLY ALONG SAID EAST LINE 161.00 FEET, THENCE WESTERLY 109.00 FEET, MORE OR LESS, ON A LINE PARALLEL WITH SAID SOUTH LINE THE TRUE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 30, 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 the applicant proposes reclassification of subject property from the C-G (General Commercial) zone to the RM-3 (Multiple-Family Residential) zone; or less intense zone. 2. That the General Plan designates this property and the property to the south for Corridor Residential land uses. 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. 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 significant effect on the environment:. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the C-G (General Commercial) Zone and to incorporate said described property into the RM-3 (Multiple-Family Residential) Zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. '! 2. Thatpridr to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No: 1, above-mentioned, shall be completed.. The City Council may approve or disapprove a zoning ordinance of its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant.: 3. That completion of these reclassficatidn proceedings is contingent upon approvalbf Conditional Use Permit No.2007-05186 and Tentative Tract Map No. 17115.. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City; State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the. request regarding any other applicable ordinance, regulation or requirement.:. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. 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, shalt 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. -2- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 30, 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 May 30, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2007 IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05186 BE GRANTED. (1745 SOUTH EASY WAY) 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 ax THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, 1N THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE SOUTHEAST QUARTER OF SAID SECTION 20 IS SHOWN ON A MAP FILED IN BOOK 17, PAGE 27 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOW S BEGINNING AT THE POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER DISTANCE THEREON 553.00 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAIp SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST. QUARTER, 189.00 FEET TO A POINT, SAID POINT BEING. THE TRUE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 161.00 FEET, THENCE EASTERLY PARALLEL W ITH SAID SOUTH LINE 109.00 FEET, MORE OR LESS, TO THE EAST LINE pF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTHERLY ALONG SAID EAST LINE 161.00 FEET, THENCE WESTERLY 109.00 FEET, MORE OR LESS, ON A TINE PARALLEL WITH SAID SOUTH LINE THE TRUE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 30, 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 construct a 5-unit attached single-family residential. condominium complex with modification to standards is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.06.030.0040.0402 (Dwellings -Single-Family Attached) and 18.p6.160. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with surrounding land uses and complies with all provisions of the code. 3. That the uses within the project are compatible and the new buildings are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area. The project is consistent with applicable design guidelines adopted by the City. Cr\PC2007- -1- PC2007- 4. That the project complies with the General Plan and any applicable zoning. 5. That the proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed because the size and shape of the site for the project is °-- adequate to allow the full development of the proposed use in a manner not detrimental to the particular area as demonstrated by the lack of waivers. 6. That vehicular and pedestrian access is adequate. 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 because the project would be implementing the Corridor Residential land use designation of the General Plan. This designation was environmentally analyzed as part of the environmental review process required by the California Environmental Quality Act (CEQA) performed as part of the General Plan Update approved by the City Council on May 25, 2004. 7. 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. 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; and does hereby approve the Negative Declaration upon finding that the declaration reflects the indepentlent 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 health and safety of the Citizens of the City of Anaheim: Prior to issuance of a building permit or within a period of one f1) year from the date of this resolution., whichever occurs first, the following conditions shall be complied with: 1. That the Katella Avenue Widening Project (from Humor Street to Jean Street), and associated sewer upgrade project, shall be awarded to a contractor, prior to the issuance of a building permit. 2. That prior to issuance of building permits, the City of Anaheim Sewer Impact and Improvement fee for the Combined West Anaheim Area shall be paid. 3. That final landscape and fencing plans in compliance with Zoning Code requirements for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-inch box size gees or a minimum brown trunk height of 8 to 10 feet, shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of-way and within landscaped setbacks. The landscape material selected shall be appropriate to the width of the planter area. Any decision made by the Planning Department regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown do the plans submitted for building permits. 4. That final detailed elevation plans including colors and materials shall be submitted to the Planning Services Division for review and approval. Any decision by staff regarding said plans may be appealed to the Planning Commission as a "Reports and Recommendations" item. -2- PC2007- 5. That prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveycr and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 6: That prior to issuance of building permits, the developer shall submit improvement plans to the Public Works Department, Development Services Division to improve Easy Way in conformance with Public Works Standard Detail 160-A. An 8-foot wide parkway landscaping strip and 4-foot wide sidewalk shall be constructed with the parkway irrigation connected to the on-site irrigation system and maintained by the property owner. Street trees shall consist of minimum 24-inch box Australian Willow trees, spaced approximately 40 feet and 15 feet from driveways, light poles or in ground utilities. A bond to guarantee improvements shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. ARight-of-Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-of-way. 7. That all air-conditioning facilities and other grouhd-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 8. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 9. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices andlor appropriate building materials: Said information shall be specifically shown on the plans submitted for building permits. 10. That an automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. Such information shall be specifically shown on the plans submitted for building permits. 11. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments.. 12. That any required relocation of City electrical facilities shall be at the developer's expense. That landscape andlor hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 13. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street. That if gates are proposed, such installation shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager:' Said information shall be specifically shown on plans submitted for building permits. 14. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval of wall and fence locations to determine conformance with Engineering Standard No. 115. 15. That the owner shall be responsible far the relocation/removal of any traffic signal equipment or any other related equipment in the event that street widening or the new driveway entry conflict with existing equipment. 16. That the applicant shall provide a site plan and details, displaying the storage location of trash barrels and the location of trash barrels to be collected on trash day. Adequate storage space must be provided for curbside trash collection along Easy Way.. -3- PC2007- 17. That all backflow equipment shall be located above ground 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 installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of4he -- street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits.. 18, That since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. 19. That all existing water services and fire lines shall conform to current Water Services Standards Specification. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The applicant shall be responsible for the costs to upgrade or abandon any water service or fire line. 20. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 21. That the owner shall submit a letter to the Planning Services Division requesting termination of Conditional Use Permit No. 1075 (to permit a private educational institution for pre-school. and kindergarten) and Conditional Use Permit No. 1091 (to permit a 22-unit motel with waiver of location of a freestanding sign) since these permits are no longer necessary: Prior to issuance of a grading aermit, the following conditions shall be complied with: 22. That prior to the issuance of grading permit, the applicant shall submit a Final Water Quality Management Plan to the Public Works Department Development Services Division for review and aPProval. 23. That .prior to the issuance of grading permit, the applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The study shall be based upon and reference the latest edition of the Orange County Hydrology Manual, the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The study shall include: an analysis of 10-, 25- and 100-year storm frequencies; and analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/or on-site drainage improvements (such as detention/retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. Prior to final building and zoning inspections the following conditions shall be complied with: 24. That prior to issuance of certificate of occupancy, the applicant shall • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicanfis prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. -4- PC2007- m Submit far review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 25. That all improvements to the right-of-way shall be constructed prior to certification of occupancy. 26. That subject property shall be developed substantially in accordance with plans and specificaticns 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: 27. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 26. That this Conditional Use Permit is granted subject to the approval of Reclassification No. 2007- 00192, and approval and recordation of Tentative Tract Map No. 17115, now pending. 29. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 30. 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. 31. 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. 32. 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 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. -5- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commissian meeting of May 30, 2007. Said resolution is subject to the appeed provisia; is set forth in Chapter 18.60, "Zoning Provisions -General" of the -lnaheim Municipal Cade: pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appea;~. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING GOMMISS!JN STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the r.naheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a m zeting of the Anaheim Planning Commission held on May 30, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereu Ito set my hand this. day of - ,2002 SENIOF SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2007- City of Anaheim 1~LAlVN><I~G DEPAR'Tli/IEIVT Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of May 30, 2007:.... 10a. CEQANEGATIVEDECLARATION 10b. RECLASSIFICATION NO. 2007-00192 10c. CONDITIONAL USE PERMIT NO. 2007-05186 10d. TENTATIVE TRACT MAP NO. 17115 Owner: Mehdi M. Ebrahimzadeh, 30622 La Vue Street, Laguna Niguel, CA 92677 Agent: Same as owner Location: 1745 South Easv Way. Reclassification No. 2007-00192 -Request reclassification of the subject property from the C-G (General Commercial) zone to the RM-3 (Multiple-Family Residential) zone, or a less intense zone. Conditional Use Permit No. 2007-05186 -Request to construct a 5-unit attached single-family residential condominium complex.. Tentative Tract Map No. 17115 - To establish a 1-lot, 5-unit airspace attached residential condominium subdivision. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to establish a 1-lot, 5-unit airspace attachedresidential condominium subdivision 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 Tract Map No. 17115, to establish a 1-lot, 5-unit airspace attached residential condominium subdivision subject to the following conditions: 1. That 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). www.anaheim..nel 2. 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 tc the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer and then recorded concurrently with the final parcel map. 3. That the access drive, sanitary sewer and storm drain within the development shall be privately maintained. Improvement plans for the sanitary sewer, and private drainage system shall be submitted to the Public Works Department, Development Services Division concurrently with the final map. 200 South Anaheim Boulevard F.O. Box 3222 Anaheim, California 92803 TEL (714) 7fi5-5139 4. That prior to approval of the final map, 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 landscape and building maintenance, compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 5. That prior to approval of the final map, the applicant shall obtain a quitclaim deed for the existing pipeline easement. 6. That prior to final map approval, all units shall be assigned street addresses off of Easy Way by the Building Division. 7. That approval of this tract map is granted subject to the approval of Reclassification No. 2007-00192 and Conditional Use Permit No. 2007-05186, now pending. 8. 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. 9. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Codeand 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 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. TTM17115_Excerpt 1 Item No. 11 RS-2 1 ou EAR RM-a POLK AVENUE L 63 64 t9 - - RC VAR 1596 w APARTMENTS RS_2 m 30 DU 1 DU EAC a U 4 85-16 ~ 451 RCL 2606-0016 CG GG m °'m ~ ~ ~ °m am ~ .~- RM-2 RCL 2001.00064 RCL 6567-07 IENTS RCL 6364x7 RCL 6364-13 CUP 2566 RCL 6364-9 v~ym u 2`hn VAR 2004-04607 •U CUP 2666-05120 VAR 2692 CUP 165fi a~ o:nQ (RCL 79-80$7) vPC-rUCa9uerxv OIL CHANGE DF ITEtTpR U w ¢i TOWNHDMES West Anaheim Commercial Corridor c-G cuP z747 C G CUP 1966 CL 83.64-13 34 CUP 35 CUP 1763. VAR 243] z LLI CG VAR 2752 RCL 636fi-96 VAR 1771 CUP 1026 CAR WASH Q z w F- ~ R 62-63-96 R 16 W 1R 1562 Vn 90 U.EACH CABOT OR tl RM-0 RCL 62.63-96 VAR 1562 4 DU EACH RM-4 RCL 62-fi3tB APARTMENTS 2B DU RCL 72-73-53 C-G CUP 2010 TIRE SHOP LINCOLN AVENUE 431' RCL 57-58-39 rw3 °r-o T-CUP 200404911 PCN 2007-00034 T-CUP 2002-04588 PCN 97-14 T-CUP 2002-04564 (RCL 58-59-65) CUP 2002-04547 (CUP 3003 CUP 2001-04440 (CUP 2926 T-cuP zooD-Da2DS cuP zlsa CUP 3989 ((CUP 88 VAR 2006.04717 (VAR 1256) VAR 37Rd SMALL SHOPS RM-4 RCL 84-85-13 APARTMENTS VAR 3442 42 DU 1 DU EACH I I DEL MONTE DR K~ ~~ O O Public Convenience or Necessity No. 2007-00034 RCL 666]-1 CUP 203] vnaiuzs O~^ tiC ~Y G Am U~';i Ohm G°~~ ¢ ~ SHOPS m R~.43 RCL 67-66-39 R n~ VAR; i o n0 mn Vi ' ~ m Cm - ~ J t i ¢- e A RS3 ® RCL 99-00-1; RCL 2000-4 ~ RS2 I1J 1 DU EACH 0 RS2 VAR 2907 Q ' 1 DU EACH C 1 Z a RS2 ~ 1 DU EACH I T RS-2 a 1 U E CH ~ RS-2 ~~ / \ 1 U EA H /~~ N Requested By: ANAHEIM WEST PLAZA PARTNERS, LLC 3170 West Lincoln Avenue Subject Property Date: May 30, 2007 Scale: 1" = 200' Q.S. No. 9 1oz77 3170 West Lincoln Avenue ~~p77 "1 Staff Report to the Planning Commission May 30, 2007 Item No. 11 no significant environmental impacts; therefore, staff recommends that a Negative Declaration be approved. EVALUATION: (8) Large markets with alcohol beverage sales that have a'square footage greater than 15,000 square feet are permitted primary uses in the General Commercial zone: (9) Due to an above average crime rate and an over concentration of off-sale licenses within the Census Tract, a determination of public convenience or necessity is required from the City bfAnaheim by he Department of Alcoholic Beverage Control (ABC). The applicant has applied fora determination of public convenience or necessity in order to obtain a Type: - 21 (Off-sale beer, wine. ahd distilled spirits) license. (10) :The Anaheim Police Department has submitted the attached memorandum dated Aprif 18, 2007; stating tftat this property is located within Reporting District 1715, which has a crime ratebf 115 percent above average: This reporting district is depicted in the attached map. The population within the census tract allows for 3 off-sale licenses, ahd there arepresently 4 active off-sale licenses in the tract, The attached memorandum states that the Police Departmenfwould normally oppose thisrequesfdue to the over concentration of licenses and high crime rate in the area However, the Police Departmehtdoes not feel that the intended' use wouldbe detrimental to the area and that the market wouldbe a gbod fit for the neighborhood. Conditions of approval recommended by the Policebepartment have been incorporated into the draff7esolution. (11) The Planning Commission has established apolicy to determinewhethera determination of public convenience or necessity. is appropriate. The following is the list of factors to consider when evaluatirtg a request: (a) How signiRcant is the "undue concentration"? In census tracts wfth a few excess licenses, it may be easier td justify the need for additional licenses when considering other factors. However, in areas with a significant number of excess licenses; the City should carefulty examine, based on submitted evidence and the whole record, whether it would be appropriate to make the requested finding. The population allows for 3 off sale licenses and there are presently 4 licenses. The proposed market is located within a large commercial retail center. There is currently one convenience market in the center that sells alcoholic beverages. (bJ How close is theproposed site to a residential neighborhood and/or school2 If the site is in close proximity to a residential neighborhood or school, then the decision oh whether to make the finding of PCN should give weight to these sensitive land uses. Western High Schdol is located 824 feet south of the subject propertyat the corner of Western Avenue and OrangeAvertue. Access to the school is gaihed via Westem Avenue, apprdximately,1,500 feetsbuth of the subject property: Additionally, there are single-famlyand multiple-family residential neighborhbbds surrounding the property. Because the amount of beer and wine offered would be mihimal, the sales Page 3 Staff Report to the Planning Commission May 30, 2007 Item No. 11 hould not affect the surrounding school and residential uses. There is only one other outlet for beer and wine within similar distance to the school (c) Now close are other alcohol outlets? Are outlets in close proximity or are they. spread throughout the census tract? If the outlet is located near the 6orderof the cehsus tract, is therea cluster of outlets in the vicihityof the' outlet loceted inYhe adjoining census tracts? In some'areas thereare a7arge hum6er of businesses providing alcohol ih close proximify. As a result, the impact is greater than if the same numberof businesses were spread throughdut the census tract: In these instances; it may be difficult to make the finding. There is one other retail store that offers alcohol within the same shopping center. This store is a convenience store: and offers conveniende7elated food and beverage items and does not provide the type of grocery market services as the proposed market: Thereare three other convenience markets located withtn an approximate 1,000 foot radius of the proposed market; These businesses also provide only convenience related food items. (d) Are there similar businesses already in the area? Is this the first business of this type or are there severefsimilar businesses nearby? If the product isalready available, therr'it would be harder to justify the publicheed. Thereare four off-sale licenses ih the vicinity; as indicated' in paragraph (c); above. This store will provide the typical large marketitems and services including a bakery, deli; and frozen food which may not be available at the other four stores. (e} Is the sale of alcohol ad integral part of theprimary purpose of the business? A dinner house" would Normally sell alcohol; however,' a gas station or breakfast oafe would not The sale of alcohol is anticipated to be a minor part of the gross sales forthe grocery store: The letter of operation indicates that this is a Neighborhood market (grocery 'store) in which"alcohol would be take up less than 10% of the floor area. (f) Is there a history of alcohol-related problems in the areal Determination of PCN in7eporting districts that have a much higher than average crime rate will 6e more difficult to justify. Likewise; even if the proposed location is in a census tract that ddes not have a higher than average crime rate; it may be adjacent td one dr more reporting districts that have a higher than average crime rate. The Police Department has responded to this location 7 times in the last yeas The Police Department has indicated that based on the size of the center and variety of business, the Numberbf calls is ndf substantial None of the calls for service were for violent or alcohol related crimes: The crime rates for adjacent reporting districts to the east, west and soutR are all higher than the Cityaverage. (g) Are there unusual factors which are applicable to a particular location? The establishment may cater to a specific customer such as specialty markets or warehouse stores. InYhese lnstahces, the' Plahhing Commission maydetermine that the unusual factors are sufFcient to determine public convenience or necessfty. Page 4 Staff Report to the Planning Commission May 30; 2007 Item No. 11 Because the market is a neighborhood oriented business, there is a focus on :produce, baked goods, frozen foods and other typical :grocery items. The sale"of alcohol is to intended to supplement the other items sold in the market. (h) Is the proposed site in an area which has both an over concentration of licenses and a higher than average crime rate? In such instances, it may be more difficult fo make the finding. There is an over concentration in the number of licenses within the census track Additionally, the site is in an area with a crime rate 115 percent atiove the City. average. (i) Would a particular establishment have mitigating operational characteristics such as increased security, limited hours of operation or bulk sales anti/on temperatures not conducive to on-site consumption? The market would not advertise the sale of alcoholic beverages. Hours of operation are limited to 8 a.m. to 11 p.m. RECOMMENDATION: (12) Staff recommends that the Planning Commission take the following actions: (a) By motion, approve the Negative Declaration. (b) By resolution approve Public Convenience or Necessity No. 2007-00034. Page 5 [DRAFT] RESOLUTION NO. PC2007--"' A RESOLUTION OFTHE ANAHEIM PLANNING COMMISSION DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2007-00034 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE (3170 WEST LINCOLN AVENUE) 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 the 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 to 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 sales of alcoholic beverages for off- premises consumption within a proposed grocery store on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: EXHIBIT A: ALL OF THAT CERTAIN LAND SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED: PARCEL L• PARCELS 1 AND 2 AS SHOWN ON A MAP FILED IN BOOK 44, PAGE 16 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY , CALIFORNIA. PARCEL 2: THE SOUTH 108.50 FEET OF PARCELS 1 AND 2 AND OF THE EAST 12.00 FEET OF PARCEL 3. AS SAID PARCELS ARE SHOWN ON A MAP FILED IN BOOK 49, PAGE 33 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 3: THE SOUTH 150.00 FEET OF THE NORTH 216.00 FEET OF THE EAST 185.00 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST. QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 44, PAGE 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 30, 2007, at 2:30 p.m., notice of said public hearing having been duly given as Cr\PC2007- -1- PC2007- 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 (General Commercial) zone permits Large Markets with a square footage of 15,000 square feet or greater as a permitted primary use with the retail sales of alcoholic beverages for off-premises consumption, 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 far 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 Ciry 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 apprpval to be imposed on the determinatioh 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 public convenience or necessity will be served because the applicant would be the only retailer within the large commercial retail center that would offer a full service grocery store with alcoholic beverages for off-premises consumption.. 6. 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. 7: That "` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit sales of alcoholic beverages for off-premises consumption within a proposed grocery store 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 Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for sales of alcoholic beverages for off-premises consumption within a proposed grocery store, at this location. 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 -2- PC2007- 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: General Conditions: 1. That there shall be no exterioradvertising dr 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 violatioh of this condition. 2. Thafno display of alcoholic beverages shall be located outside of a building orwithin five (5) feet of any publicentrance to the building. 3. That the area of alcoholic beverage displays shall not exceed 25% of the total display area in a building: 4. That sale of alcoholic beverages shall be made to customers only when thecustomer is in the building. 5: 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. 6. That no wine shall be sold in bottles or containers smaller than 750 ml. 7. 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. 8. That no person under twenty-one (21) years of age shall sell or be permitted to sell any alcohol. 9: That the possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. 10. That there shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 11. That there shall be no public telephones on the property that are located outside the building and within the control of the applicant. 12. That 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. 13. 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. 14. 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. -3- PC2007- 15. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal 16. That approval of this application constitutes approval of the proposed request only to the extent - that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 17. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause prpvided (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 findings hereinabove set forth... 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 May 30, 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 May 30, 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- P~pll El Aj:~:i(' ~04~ \O'. a L ;.% :^ti,: ~~~VN°F°.~8.' City of Anaheim POLICE I)EPAIgT1VIE1~1T Special Operations Division To: Scott Koehm Planning Department From: Sergeant Mike Lozeau Vice Detail CC: Date: April 18, 2007 RE: PCN 2007-00034 Telco Market 3170 W. Lincoln Ave. Anaheim, CA 92801 Attachment -Item No. 11 The Police Department has received an I.D.C. Route Sheet for PCN 2007-00034. The applicant is requesting to determine public convenience or necessity for a future grocery store over 15,000 square feet for off-sale consumption of general alcohol (Type 21). The location is within Reporting District 1715, which has a Crime Rate of 115% percent above average. It is also within Census Tract Number 869.02 which has a population of 4,921. This population allows for 3 off sale Alcoholic Beverage Control licenses and there are presently 4 licenses in the tract. It also allows for 6 on sale licenses and there are presently 3 licenses in the tract. :The census tract boundaries are: North Lincoln South Ball East Beach West Westem Off sale licenses in the immediate vicinity of the applicant: 230-32 E. Adams Ave 106 S. Western Ave 3020 W. Lincoln Ave 3070 W. Lincoln Ave On sale licenses in the. vicinity of the applicant 3150 W. Lincoln Ave 823 S. Beach Blvd Anaheim Police Dept. 425 S. Harb°r Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714,765.1665 Memorandum Scott :~oehm Tesco Market 3010 W. Lincoln Ave. 3070 W. Lincoln Ave #D The census tracts surrounding this location are as follows: North -1104.02 population 5,299 On Sale allowed 6/active 11 Off Sale allowed 4/active 3 South - 878.02 On Sale allowed 8/active 5' West - 869.01 On Sale allowed 10/active 1 East - 869.03 On Sale allowed 7/active 5 Additional Census Tract information: population 6,725 Off Sale allowed 4/active 10 population 8,978 Off Sale allowed 6/active 6 population 6,014. Off Sale allowed 4/active 5 North Wesf-1102.0`i On Sale allowed 8/active 7 North East-868.03 On Sale allowed 8/~:ctive 5 South West - 878.01 On Sale allowed 6/active 7 South East - 878.~J 3 On Sale allowed Tractive 9 population 7,006 Off Sale allowed 4/active 10 population 7,284 Off Sale allowed 5/active 5 population 4,890 Off Sale allowed 3/active 6 population 6,442 Off Sale allowed 4/active 5 The Police Depar`--Went has responded to this location 7 times in the last year. The calls insaluded: 1 Anaheim Municipal Code violation, 3 suspicious circus! stances, 2 disturbance; and 1 trespass. There was one report taken r'or a recover of a stolen vehicle. The Reporting C istrict north e~"the location is 1615; it has a crime rate of 25 percent abc,, a average. Tie Reporting District east is 1716; it has a crime rate of 128 percent above average. West is 1714; with a rate of 333 percent above average, and south of the location is 1815; with a crime rate of 252 percent above average. Page 2 Memorandum Scott Koehm Tesco Market The Police Department would normally oppose this request due to the over concentration of licenses, and. the high crime rate in the area' However, we do not feel that the intended use would be detrimental to the area, and in fact it would be a nice fit. 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. Page 3 Memorandum Scott Koehm Tesco Market 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. 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\mmirwin\2007-00034 PCN 3170 W. 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I ~ ~ 3nV Ntl3153M I ~ L ~' e m e ~ Z S YO I p r° - ~ Z M F° M J v3 No ~P1 ~ 3nH 110N 1 1 \ I ~.._ ----~ 1 ' \ 4 1 _ ~ 1 L.._..~ .. \ : ~ ~~ .__ _..~ Attachment -Item No. 11 APPLICANT'S STATEMENT OFJUSTtFICATION 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 Planning 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. ~~ ~~,.>a~~ ,~,~,~ Ls ~ ~~sat~ r~a~~r DES a.~ c~NS,s~- ~ 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? ~4r_~,~~' Pc~gto ot'i•FE~ '~HT}-1L ~oot~ ~AC1L0'C1~S tU 'Tt~E tHNFC" 1/kTE AREA. rr tS aAJ Fx~S.c-.s7~ L~~.,o~ =ccvr,~ a~,~~~at-r 3. Is there a resi ential 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. -s~6.2'/ \S FE Q~S~o~~.YC \4A_ afE\C 1A ~I~n iko ~ArctiT -co ~YC2 ~~F~~TY, 4. What percentage of your business do you anticipate will be alcohol sales? l~~ -r11,~ to % c~ 'tk4~ ~fit_C~S ~' ~~ +s r_~o~c~-rt~a -r-o Ate k~~ ~S . 5, goes your business cater to a specific need or specialty which is not durrently available in the area? Please explain. Gss~.~~T~Y Tlk~2® a'P.~ Ato ~-gAl~ ~~r~ ~actLlTl~S A. T 'o1S-cA~fCE ~Q.cr~~ -~ A•~1i~la~ A+~~~k1~t§~as~ ~~+~ ~vsrar~ss I.a~t~ e.-auE ~c4=~r=. Are you proposing any specific operational measures to eliminate o'r limit any potential nega#ive consequences from the sale of alcoholic beverages? Please explain. ~ M>?t_~ rtsN-r~t~_ 7. What type of license are you requesting from ABC? is it an existing license? Appliralion 16r deu~rminatinn ofPCN.duc 5 FCN NO• ~~O! ~ ~/ ~ O 3 t~ mvised 7/Li~li Item No. 12 T RCLfiSfi699 RCL 82-83-28 vnR aai RCL 63-6435 , (Res. oFlnt. to RM-1200) ~ RCL 56-57-84 C-G CUP 1496 RCL 9@-99-12 _. CUP 781 C-G RCL 55-Sfi-37 CUP 477 RCL 66£7-21 CUP 2745 LA BELLE FONTAINE RCL 59-66-36 SMALL SHOPS MOBILE HOME ESTATES a CUP 2003-04676 D cuP 114 VAR 3573 ~ K VAR 2162 S ' Wp VAR 79195 T 2O (RCUP 5@4)7) 62-83-26 ¢ ¢ (V AR 7066 S T) 63-64-35 ^ y U (VAR 7083 S T) C~ C-G 1l. iO RM-1200) ~m wW (CUP X-i 6) RCL 66-b7-53 RCL 9@-99-12 RM-0 1P 1496 ~^v.0 3~ (SUP 2-58) RG45360-36 DRIVE- RCL55-Sfi-37 RCL 97A@-15 UP 477 ^C ~ GROCERY :CUP 3717 THRU CUP 3098 T-PCN 206460017 o vaR 4loe REST. U>^ O STORE vaR 7053 CUP 2765 CUP 4609 C SERVICE LINCOLN AVENUE ~-- zss ~ --~{ sfi-0a c-o '"RCL BaBi-07 c-G ~Io CL) RCt 5556-00 RCL SS56-0 RCL 5656-00 RCL 91-92-14 63414 Res, of Int. lu C (Res. of Int. G-G (Res oI1nL b CU ~ Res. of Int, to CL RCL 62-63F4 b CL) f ( C-G T-CUP 2001-05206 RCL 56-57-22 RCL 25fi CUP 607 C-G RCL 55-56-40 CUP 2005-04s57 ,` ~m RCL 812-72 VA ~p7 VAR iB2fi VAR 1139 Res. of I t. to CL - CUP 2999 SMALL9HCP6 VACAM ( ) -. CUP 2003A4fi67 ~ ~p VAR 4157 nP CUP 4029 VA HRU CUP 2002A4645 v ~ CUP 36@2 T-CUP 2001A4326 r , , N SERVICE j CUP 1372 ® CUP 401 k ON ~ VAR 1534 SM, m W . _ VAR 1412 SH( ~ - PCNZOOS~07e I ` ~ <u PCN 9@-03 t7 x455 sl ~ , Z ...SMALL SHOPS__ )° C~ g RCL 5637-22 u Q CUP 176 °O1B ~ T MHP CAR WASH ~ ~ RCL 82-8328 ¢ RM-4 RCL 62-63-108 Q ~cL sz-63-6 = (Res. of Intent to RM-1200). ~ o F j RCL 55-56-40 O RCL 55-56-40 Q ~ vl ~6cuP slii cL) ~ ~ (Res. of Int. to GL) ~ C-G o~ w 3 VAR 1926 Q 7 CUP 787 t3.( RCL 91-92-14 ~ 2 ~ 3 p MOBILE HOME PARK J (Res. of int W Cy 20. Q ~ a RCL 56-57-22 o`c Ja p VAR 4151 E a, AMERICANA o E m MOTEL ~' ~ RM-4 T(MHP) ~€~ RCL 612-i2 mm RCL 62-8328 RCL 80411-23 = a°m VAR 1534 RCL 62-63-108 c0: VAR 1412 (Res. of Intenl to RM-1200) I(ReRCL 184-55-68 L) Q N RCL 55-56-40 I111 (Res. of Int. to CH) tl.) 3 (Ras. of Int. to CL) 1 RCL 55-66-49 I m CUP 767 (Res. of Int to CL) C-G CUP 2170 RCL 2007-00199 1 DU CUP 39 057 uPl CUP 3006 7 ~, s,F - T(MHP) VACANT v N Conditional Use Permit No. 2003-04667 Subject Property TRACKING NO. CUP2007-05206 Date: May 30, 2007 Scale: 1" = 200' Requested By: MICHAEL BAGGULEY Q.S. No. 9 3010 West Lincoln Avenua 1oz73 ~~ Jury Conditional Use Permit No. 2003-04667 TRACKING NO. CUP2007-05206 Requested By: MICHAEL BAGGULEY 3010 West Lincoln Avenue s „~.o: 10273 Staff Report to the Planning Commission May 30, 2007 Item No. 12 12a:' CEQA CATEGORICAL EXEMPTION =CLASS 1 12b. CONDITIONAL USE PERMIT NO. 2003-04667 (Tracking No. CUP2007-05206} SITE LOCATION AND DESCRIPTION: (1) This 1.6-acre property is identified as3010 West Lincoln Avenue. The property owner is Michael 8agguley and the applicant is the business owner, Chang Kim.: REQUEST: (2) The applicantrequests to amend conditionsbf approval and exhibits for a'previously approved restaurantwith beerand wine to permit and retain private karaoke/banquet. booths. BACKGROUND: (3) The: property is currently developed with a full service restaurant in a commercial retail center within the General Commercial (C-G) zone. The General Plari designates this property and properties o the east and west for General Commercial land uses; properties to the south for Low Medium .Density Residential land uses, ahd the properties to the'horth across Lincoln Avenue for Regional Commercial lahd uses. PREVIOUS`ZONING ACTIONS: (4) The following Toning action pertains to this property: (a) ; Conditional Use Permit No. 2003-04667, a request to permit the retail sales of beer and wine for on-premises consumption`and an amusemenYarcade with up to ixteen { (16) amusement devices within an existing 4800 s.f. restaurant was approved by he Planning Commission on March 24,2003. PROPOSAL: (5) The'applicant requests approval to'retain private banquet and karaoke rooms by modifying conditions of approval and exhibits for a previously approved restaurant witfi tieer and wine and an amusement arcade. The site plan indicates an existing 4;800 square foot full- service restaurant within: a commercial retail center. The applicant's letter of operation indicates thaYapproximately 1,OOOsquare feet of the restaurant has been converted to banquet-type rooms. These banquet rooms are for private parties'and for private karaoke performances` (6) The floor plan'indicates the proposed banquet booths have been constructed' in an area that previously contained the permitted amusement devices. Plans show four karaoke booths each with tables; doors and' windows to the hallway as well as windows between each of the roams. (7) The previously approved conditional use permit contains conditions of approval indicating hours of operation shall tie limited to 11 i00 a:m: to 10:00 p:m. Sunday through Thursday Case Planner: Scott Koehm Srcup2007-05206gsk.doc Page 1 Staff Report to the Planning Commission May 30. 2007 Item No. 12 FINDINGS.:. (10) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use;:. (b) That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health., safety, and general welfare; (d) That the traffic generated by the proposed use will not impose an undue burden: upon 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, wilt not be detrimental to the peace, health, safetyand general welfare of the citizens of the City of Anaheim. RECOMMENDATION:. (11) Staff recommends that the Planning Commission take the following actions: (a) By motion, a rove a CEQA Categorical Exemption -Class 1 (Existing Facilities). (b) By resolution approve amendment to Conditional Use Permit No. 2003-04667 (Tracking No. CUP2007-05206).'. Page 3 [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. 2003-04667 AND AMENDING .:RESOLUTION NO. PC2003-50 (TRACKING NO. CUP2007-05206) (3010 WEST LINGOLN AVENUE) 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: THAT EAST HALF OF THE NORTH 5.00 ACRES OF THE EAST HALF OF THE NORTHEAST QUARTER OF THAT NORTHEAST QUARTER OF SECTION 14; TOWNSHIP 4 SOUTH, RANGE 11 WEST, 1N THE RANCHO LOS COYOTES, AS SHOWN ON A MAPS RECORDED IN BOOK 51, PAGE 121 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY OF CALIFORNIAN EXCEPTING THEREFROM, THAT. PORTION LYING EASTERLY OF THE WESTERLY LINE OF PARCEL 2 OF DEED TO THE STATE OF CALIFORNIA FILED AUGUST 27, 1951 AS DOCUMENT NO. 23960, CERTIFICATE OF TITLE NO. 14610, ON FILE IN .THE OFFICE OF THE REGISTRAR OF LANDJITLES'OF SAID COUNTY AND THE NORTHERLY PROLONGATION THEREOF. ALSO EXCEPTING THEREFROM, THE LAND DESCRIED AS PARCELS 1 AND 3 OF SA4D DEED TO THE STATE OF CALIFORNIA. ALSO EXCEPTING THEREFROM THOSE' PORTIONS DESCRIBED AS PARCELS 100008-01 AND PARCEL 100008-3 IN DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT NO. 19970531752 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.. WHEREAS, on March 24, 2003, the Anaheim City Planning Commission, by Resolution No. PC2003-50, granted Conditional Use Permit No. 2003-04667 to permit the retail sales of beer and wine for on-premises consumption and an amusement arcade with up to sixteen (16) amusement devices within an existing 4800. square foot. restaurant at 3010 West Lincoln Avenue; and WHEREAS, this property is currently developed with an commercial retail center and is zoned C-G {Commercial General); and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS., the applicant has requested to amend the previously approved Conditional Use Permit No. 2003-04667 to amend an existing conditional use permit to permit and retain private karaokelbanquet booths pursuant to 18.60.190.030; and WHEREAS, the Planning Commission did hold a public hearing at the Civio Center in the City of Anaheim on May 30, 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: Cr\PC2007-0 -1- PC2007- 1. That the proposed request to amend an existing conditional use permit to permit and retain private karaoke/banquet booths in an existing restaurant 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 18.08.030.040.0402 (Alcoholic Beverage Sales-On-Sale)<: 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 restaurant is existing and the use has 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: Planning Director staff has detennined 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. 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: 2003-04667, as set forth in City Planning Commission Resolution. No. PC.2003-50 be, and the same are hereby, amended in their entirety, to read as follows: **Bold indicates modified conditions **~k+kethreugh indicates deleted conditions Prior to issuance of a building permit or within a period of one 11) year from the date of this. resolution, whichever occurs first, the following conditions shall be complied with: 1. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed., located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown om the plans submitted for Planning Department and Putilic Works Department, Streets and Sanitation Division, approval 2. That the subject karaoke rooms. are to be constructed of a completely glass Walt to the inside of the restaurant, so as to have complete visibility into the rooms.: They shall not be covered with any type of privacy material, drape or tint. They must be completely open to view at all times. Said condition must be shown on plans submitted for Building Permits. 3. Doors into these karaoke rooms must not have a locking device and they shall be free swinging glass doors. Said condition must be shown on plans submitted for Building Permits. -2- PC2007- 4. 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.. Prior to final building and zoning inspections the following 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 No. 1 (Revision No. 1) and Exhibit No. 2 (Revision No. 1), and as conditioned herein. , General Conditions: 6. ase- ~ , 7. That the hours of operation shall be limited to the following: Sunday through Thursday: 11 a.m. to 10 p.m. Friday and Saturday:. 11 a.m. to midnight. 8. That the sale of beer and wine for consumption off the premises shall be prohibited.. 9. That this establishmentshall be operated as a "bona fide public eating place" as defined by Section 23038 of the Califomia Business and Professions Code; and that a menu shall be provided containing an assortment of foods normally offered in such a Yestaurant. 10. That there shall be no bar oriounge area upon the licensed premises maintained forthe purpose of sale, service; or consumption of alcoholic beverages directly to patrons for consumption: 11. That there shall be no pool tables or amusement devices maintained upon the premises at anytime unless the proper permits have been obtained from the City ofAnaheim. 12: That the gross sale of alcoholic beverages shall not exceed forty percent (40%) of the gross sales of all retail sales during any three (3) month period: The applicant shall maintain records on a quarterly basis 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. 13. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. 14. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 15. That the activities occurring in conjunction with the operatibn of this establishment shall not cause noise disturbance to surrounding properties. 16. That subject beer and wine license shall not be exchanged fora "putilic premises" (bar) type license nor shall the establishment be operated as a "public premises" as defined in Section 23039 of the Califomia Business and Professions Code. 17. There shall be no admission fee, cover charge, nor minimum purchase required. 18. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easity discernible the appearance and conduct of all persons on orabout the parking lot. -3- PC2007- Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, approval 19. That the business operator shall comply with Section 24200.5 of the California Business and Profession Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary or other profit- sharing plan, scheme or conspiracy. 20. That stall times when entertainment or dancing is permitted, security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. Said entertainment shall not be permitted unless the appropriate permits have been obtained from the Ciry of Anaheim: 21. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during operation of the premises except for ingress/egress, to permit deliveries and in cases of emergency. 22. That there shall be no public telephones on the property that are located outside the building and within the control of the applicant. 23. That any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) 24. That the proposal shall comply with all signing requirements of the C-G (General Commercial) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council 25. That any Karaoke activity shalt be limited to the area specified on the approved floor plan labeled Exhibit No. 2 (Revision No. 1). 26. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610, and maintained to the satisfaction of the Public Works. Department, Streets and Sanitation Division. 27. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 28. That timing for compliance with conditions ofapproval 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. 29. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18:60.170 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. -4- PC2007- BE IT FURTHER RESOLVED that, except as amended herein, Resclution No. PC2003-50 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 applicants compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 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 ail 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 May 30, 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 May 30, 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 -6- PC2007- ,~,.11llpl ~:,: ~. .<. o, ~~Q. A ;_ z, ,, - - j>~ ~.NUF.U City of Anaheim P®LICE I)EPAR'T19~IEI~'T Special Operations Division To: Scott Koehm Planning Department From: Sergeant Mike Lozeau Vice Detail Anaheim Police Dept. 425 S. narhor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765,1665 Datc: Apri126, 2007 RE: CUP 2007-05206 Joo Dae Lee Restaurant 3010 W. Beach Blvd. Anaheim, CA 92804 Attachment- Item Ido. 12 I he Nollce Department recelveo an I.D:G. Route Sheet for C.U.P. 2007- 05206. This applicant is requesting to modify exhibits for a previously approved restaurant with beer and wine to permit and retain private karaoke booths... The location is within Reporting District 1715, which has a crime rate of 115% percent above average. It is also within census tract 869.02, which has a population of 4,921. This population allows for six On Sale licenses and there are presently. three licenses in this census tract. This population also allows for three Off Sale licenses and there are presently four active licenses in this census tract. The Police Department does not oppose the request to modify their floor plan. We expect that all other modes of operation are to remain the same since we don't have a request for other changes to daily operation. We request that the following conditions be placed on their Conditional Use Permit: 1) At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 2) There shall be no bar or lounge area upon the licensed premise maintained for the purpose of sales, service, or consumption of alcoholic beverages directly to patrons for consumption. 3) There shall be no pool tables or amusement devices maintained upon the premises at any time unless the proper permits have been obtained from the City of Anaheim. Memorandum Scott Koehm Joo Dae Restaurant 4) The sale of alcoholic beverages for consumption off the premise shall be prohibited. 5) There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 6) There shall be no admission fee, cover charge, nor minimum purchase required. 7) The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 8) That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license not shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 9) That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of ail .persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 10) That the business operator shall comply with Section 24200.5 of the Business and Profession Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary; or other profit-sharing plan, scheme or conspiracy.. 11) That the subject karaoke rooms are to be constructed of a completely glass wall to the inside of the restaurant, so as to have complete visibility into the rooms. They shall not be covered with any type of privacy material, drape or tint. They must be completely open to view at all times. 12) Doors into these karaoke rooms must not have a locking device and they shall be free swinging glass doors. Please contact me at extension 1451 if you require further information. f:lhomelmminvin12007-06206 Joo Dae Lee ReslauranLdoc Page 2 Attachment- Item fdo. 12 RESOLUTION NO. PC2003-50 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04667 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated In the City of Anaheim, County of Orange, State of California, described as: THAT EAST HALF OF THFi~ORTH 5.00 ACRES OF THE EAST HALF OF THE NORTHEAST QUARTER OF THAT NORTHEAST QUARTER OF"SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA. EXCEPTING THEREFROM, THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF PARCEL 2 OF DEED TO THE STATE OF CALIFORNIA FILED AUGUST 27, 1951 AS DOCUMENT NO.. 23960, CERTIFICATE OF TITLE NO. 14610, ON FILE IN THE OFFICE OF THE REGISTRAR OF LAND TITLES OF SAID COUNTY AND THE NORTHERLY PROLONGATION THEREOF. ALSO EXCEPTING THEREFROM, THE LAND DESCRIBED AS PARCELS 1 AND 3 OF SAID DEED TO THE STATE OF CALIFORNIA. ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBEDS AS PARCELS 100008-1 AND' PARCEL 100008-3 IN DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT NO. 19970531757 OF' OFFICIAL RECORDS OF SAID ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center nlhe Cily of Anaheim on March 24, 2003 el 1:30 p.m., notice of said putilic hearing having been duly given as required bylaw and in .accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make fndings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does 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 Cade Sections 18.44.050.010 and 18.44.050.025 to wit: to permit and retain the retail sale of beer and wine for on-premises consumption and an amusement arcade with up to sixteen (16) amusement devices within an existing. restaurant. 2r That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area In which it is proposed to be located; 4. That the size and'shape of the site for the prdposed use is adequate to allow the full development of the p~aposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 5. 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 cr1PC2003-050,doc -1- PC2003-50 6. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7, That the continued sales of beer and wine for on-premises consumption in conjunctioh' with a restaurant and amusement arcade Is permitted in the CL Zone subject to the approval of a conditional use permit. 8. That although the crime rate is elevated within this reporting district, it is not directly attributed to this property as evidenced by the calls For police service. 9: That the granting of this conditional use permit, under the conditions imposed, would not be a detriment to the peace, health, safety and general welfare of the citizens of Anaheim. 10. That this property is mainly surrounded by commerciatuses and the continued use of the amusement arcade when operated as an accessory use to a restaurant, and as conditioned herein, would not adversely affect the adjoining land uses, nor hinder the growth and development of the area. 11. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition:. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorlcai Exemptions, Class. 1, as defined in the State of Califomia Environmental Impact Report ("EIR") Guidelines and is, therefore, calegoricallysxemptfiom the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the maximum number of amusement devices allowed shall be limited to sixteen (16); and that the amusement devices are permitted only as accessory to, and In conjunction with, the primary restaurant use. 2. That the hours of operation shall be limited to the following, as stipulated by the petitioner. Sunday through Thursday. 11 a.m. td 10 p.m. Friday and Saturday:. 11 a:m. to midnight:: 3. That the sale of beer and Wine for consumption off the premises shall be prohibited, 4. That this establishment shall be operated as a "bona fide public eating place" as defined by Section 23038 of the California Business and Professions Code; and that a menu shall be provided containing an assortment of foods normally offered in such a restaurant: 5. That there shall tie no bar orlounge area upon the licensedp~emises maintained for the purpose of sale, service, or consumption of alcoholic beverages directly to patrons for consumption. 6. That there shall be no pool tables or amusement devices maintained upon the promises at any time unless the proper perfiits have been obtained from the City of Anaheim. 7. That the gross sale of alcoholic beverages shall not exceed forty percent (40%) of the gross sales of all retail sales during any Ih~ee (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. t3. That there shall be no live entertainment, amplified music or dancingpermitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. -2- PC2003-50 a a 9. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 10. That the activities occurring in conjunction with the operation of this establishment shall not cause - noise disturbance to surrounding properties. 11. Thafsubject beer and wine'license shall not be exchanged fora "public premises" (bar) type license nor shall the establishment be operated as a "publiop~emises" as defined in Section 23039 of the California Buslhessand Professions Code: 12. That there shall be ho admission fee or cover charge required. 13. That the parking lot serving the premises shall. be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said light(ng shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences.: Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, approval 14, That the business operator shall comply with Section 24200.5 of the California Business and Profession Cade so as not fo employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary or other profit-sharing plan, scheme or conspiracy. 15. That at all times when entertainment or dancing Is permitted, security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the .part of employees or patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises: Said entertainment shall not be permitted unless the appropriate permits have been obtained from the City of Anaheim. 16. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during operation of the premises except for Ingress/egress, to permit deliveries and in cases of emergency. 17. That there shall be no public telephones on the property that are located outside the building and within the control of the applicant. 18. That any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Divisioh 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) ig. That the proposal shall comply with ail signing requirements of the CL (Commercial, Limited) Zone unless a variance allowing sign waivers Is approved by the Planning Commission or City Council, 20. That any Karaoke activity shall be limited to the area specified on the approved Hoot plan abated Exhibit No. 2. 21. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and In accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for Planning Department and Public Works Department, Streets and Sanitation Division, approval 22. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No.810, and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 23. That a plan sheet for solid waste storage and collection and a plan Eor recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. -3- PC2003-50 i s ,. "" 24, That subject property shall be developed substanfiaily in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Dios, 1 and 2, and as conditioned herein. 25. That within sixty (60) days from the date of this resolution or prior to commencement of the activity authorized by this resolution, whichever occurs first, Condition Nos. 13, 17, 21, 22, 23 and 24, above-mentioned, shall be complied with. Extensions for further t(me to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 26. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance; Tegulatibn or requirement. eE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiclioh, then this Resolution., and any approvals herein contained, shall be deemeii null and void.. THE FOREGOING RESOLUTION was ads: ated at the Planning Commission meeting of March 24, 2003. (©rjgina' signed by Paul Bostwic?,] CHAIRPERSt iV, ANAHEIM CITY PLANNING COMMISSION ATTEST ltJrlginal elgned by hjeat~ar Mlarrir SENIOR SECRETARY, ANAHEIM CITY PLANNING ;:OMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary caF the Anaheim City Planning Commission, do hereby ::ertify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 24, 2003, by the follo~'ring vote of the members thereof: AYES: COMMISSIONERS: BOSTWIGK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN W ITNESS WHEREOF, I have hereus,to set my hand this day of 2003. !Original signed by Eleanor Marrisi SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2003-50