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PC 2007/11/26----- Y ~ abed DLO/9Z/ l l) ooP'~L09Z l L)lsepua6e\~eoi~a~o\sooPGH ;au•wiayeue uo~ssiwwoo uiuue~ ssa~ppe pew-a 6wn+o~~o; ay; 6uisn uoissrwwo~ 6u~uue~d ay; ~o; a6essaw e anew ~(ew no,\ ~uawwnofpy . swa;I 6ul~eaH a!Ignd . ~epuale~;uasuo~ . s;uawwo~ oi~gnd . aouei6apy;p a6pa)d . 'W'd 0£~Z 6uueaH o!~gnd of auanuoaab . 6uueaH o!Ignd of ssaoab . ;uawdolanaa ~o; apln~ wlayeuy;o unno;unnod as;ea~~ uo doys~~oM . • e~a~oas a4~ o~;~ ~~wgns pue aouenpe u~ p~eo ~a~ea s e a~a~ woo asea~ epua a aye uo wa}i ue uip~e a~;uawa;e;s a aHew o; ys~nn no !! saso m w aaN p~ooa~ ~o~ epua6e LOOZ '9Z ~agwanoN ay; uo swa~i ~o~ nna!na~ ueld tieu!wlla~d {uoiss!wwo~ 6u!uueld ~Cq pa;sanbaa sy) sanss! pue s;uawdolanap ~(}!~ snouen uo uo!ss!wwo~ o~ a;epdn }}e;g 'W'd OO~I. nna!nab ue~d tieu~wila~d . ~ap~0 0l Iles zanbse~an fed 'aawo~{ ~(~ued '~assae~ uayda~S . 'uew~se3 ~!e~ 'lenn~e6y ~a~ad a~auass!wwo~ . i~e~e~{ ydasop :a~odwal-oad uewney~ . e}}n8 ~l~a~l :uew~ley~ . e!wo;!~e~ `w!ayeuy'p~enalno8 w!ayeuy y;noS OOZ IIeH ~~!~ '~agwey~ ~louno~ LOOZ 9Z aagtuano~ ~puo~ U ISSI Il.! ~ I a Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing........ items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations 1A.(a) CEQA CATEGORICAL EXEMPTION SECTION 151061(b)(3) (b) GREATER DOWNTOWN OF ANAHEIM GUIDE FOR DEVELOPMENT (TRACKING NO. MIS 2007-00228) City-initiated request by the Community Development Department for a recommendation to City Council for approval of the Greater Downtown of Anaheim-Guide for Development 16. (a) (b) Agent: John Pedicini 20051 Cypress Street Newport Beach, CA 92659-5033 Owner: The Zachary Taylor Pedicini Trust ATTN: John Pedicini P.O. Box 15033 Newport Beach, CA 92659-5033 Location: 1841 West Lincoln Avenue Requests review and approval of final elevation plans for apreviously- approved expansion of a commercial retail center. Minutes 1C. Receiving and approving the Minutes from the Planning Commission Meeting of November 14, 2007 (Motion) Project Planner: (dherrickQa anaheim.net) Project Planner. (kwong2Qanaheim.oet) H:\docs\clerical\agendas\(112607). doc (11 /26/07) Page 2 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION 2b. CONDITIONAL USE PERMIT NO. 2007-05264 Owner: Sunkist Community Church 701 South Sunkist Street Anaheim, CA 92806 Agent: John Koos 2923-A Saturn Street Brea, CA 92821 Location: 701 South Sunkist Street: Property is approximately 3.4- .acres, located at the southwest corner of the intersection of Sunkist Street and South Street with frontages of 420 feet on the south side of South Street and 350 feet on the west side of Sunkist Street. Request to construct a telecommunications facility disguised as a pine tree, or other object, with a height that exceeds thirty feet and with accessory ground-mounted equipment. Project Planner Conditional Use Permit Resolution No. (kwongz@ananeim.net) 3a. CEOA ENVIRONMENTAL IMPACT REPORT NO. 313 (PREVIOUSLY-CERTIFIED) 3b. PUBLIC CONVENIENCE OR NECESSITY NO. 2004-00016 (TRACKING NO. PCN2007-00037) Owner: Anaheim Chile Operation, LLC 505 North Tustin Avenue, Suite 153 Santa Ana, CA 92705 Agent: RHL Design Group 2401 East Katella Avenue, 6400 Anaheim, CA 92806 Location: 100 East Katella Avenue: Property is approximately B-acre, located at the southeast corner of the intersection of Katella Avenue and Haster Street with frontages of 154 feet on the south side of Katella Avenue and 189 feet on the east side of Haster Street. Request to amend the conditions of approval for an existing service station convenience market pertaining to the hours of sale for alcoholic beverages and required security guards. Project Planner. (kwong2@anaheim.net) Public Convenience or Necessity Resolution No. H:ldots\clericaflagendas\(112607).doc (11 /26!07) Page 3 4a. 4b. Owner: Anaheim Business Campus Attn: Robert Hamra 9862 Larson Circle Villa Park, CA 92861 Agent: The Place Banquet Hall 175 West Cerritos Avenue Anaheim, CA 92805 Oscar Ramirez 12052 Jennifer Lane Garden Grove, CA 92840 Location: 167 and 175 West Cerritos Avenue: Property is approximately 10 acres, located at the southwest corner of Cerritos Avenue and Anaheim Boulevard with a frontage of 600 feet on the west side of Anaheim Boulevard. Request to reinstate a banquet facility with sales and service of alcoholic beverages and amend conditions of approval to remove a time limitation. Conditional Use Permit Resolution No. 5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 5b, CONDITIONAL USE PERMIT NO. 3598 (TRACKING'NO. CUP2007-05262) Owner: Bradmore Realty Attn: John and David Bohn 721 Santa Monica Boulevard Santa Monica, CA 90401 Agent: Bill Hoganson 270 East Palais Road Anaheim, CA 92805 Location: 270 East Palais Road: Property is 4.5 acres, having a frontage of 80 feet on the south side of Palais Road and located 710 feet east of the centerline of Anaheim Boulevard. Request to reinstate Conditional Use Permit No. 3598 which permits a school in conjunction with a church and amend conditions of approval to remove a time limitation. Conditional Use Permit Resolution No. H:\dots\clerical\agendas\(112607).doc Project Planner: (skoehm@anaheim. net) Pmject Planner: (skoehm@anaheim. net) (11 /26/07) Page 4 6a. CEQA NEGATIVE DECLARATION 6b. CONDITIONAL USE PERMIT NO. 2007-05233 Owner: GRE Anaheim Tech Center 4425 Jamboree Road, #280 Newport Beach, CA 92660 Agent: Michael Keener Greenlaw Partners, LLC 4750 Von Karman Avenue - Newport Beach, CA 92660 Wilber H. Smith III 4750 Von Karman Avenue Newport Beach, CA 92660 Location: 1045 South East Street: Property is approximately 13.5 acres, having a frontage of 480 feet on the west side of East Street and located 766 feet south of the centerline of Arlee Place. Request to permit a banquet assembly hall to include the consumption of PmJect Planner: alcoholic beverages for an automotive museum and events center. (dsee@anaheim.net) Conditional Use Permit Resolution No. 7a. CEQA NEGATIVE DECLARATION 7b. RECLASSIFICATION N0.2007-00212 (READVERTISED) Owner: Anaheim Place Partners, L.P. 6 Venture, Suite 100 Irvine, CA 92618 Anaheim Redevelopment Agency C/O Elisa Stipkovich 201 South Anaheim Boulevard, Suite 1003 Anaheim, CA 92805 Agent: Anaheim Place Partners Attn: Roberto Brutocao 6 Venture, Suite 100 Irvine, CA 92618 Anaheim Redevelopment Agency Attn: Greg Hastings 201 South Anaheim Boulevard, Suite 1003 Anaheim. CA 92805 Location: Portion A - 505 North Euclid Street: Property is approximately 1.02 acres, having a frontage of 420 feet on the west side of Euclid Street and located 30 feet north of the centerline of Westmont Drive. Portion B 1 - 555 and 597 North Euclid Street: Property is approximately 0.6-acre, having a frontage of 300 feet on the east side of Euclid Street and located 30 feet south of Crescent Avenue. Portion B 2 - 550 and 554 North Fairhaven Street: H:\docs\clerical\agendas\(112607 ).doc (11 /26/07) Page 5 Property is approximately 0:3-acre, having a frontage of 125 feet on the east side of Fairhaven Street and located 30 feet south of Crescent Avenue. Portion B 3 - 502. 506, 516, 526, 530.536 and 540 North Fairhaven Street and 1711 West Westmont Drive: Property is approximately 1.3 acres, having a frontage of 536 feet on the east side of Fairhaven Street and located 30 feet north of Westmont Drive. Portion C 1 - 544 North Fairhaven Street: Property is approximately 0.13-acre, having a frontage of 60 feet on the east side of Fairhaven Street and located 139 feet south of Crescent Avenue. Portion C 2 -445, 449, 455 and 459 North .Mariposa Place: Property is approximately 0.5-acre, having a frontage of 230 feet pn the west side of Mariposa Place and located 30 feet south of Westmont Drive. Portion C 3 -446. 456 and 460 North Mariposa Place: Property is approximately 0.6-acre, having a frontage of 235 feet on the east side of Mariposa Place and located 30 feet south of Westmont Drive. Request reclassification of Portion A from the C-G (General Commercial) zone to the C-G (MU) Overlay (General Commercial, Mixed Use Overlay) or less intense zone, Portion B from the O-L (Office Low) zone to the C-G (MU) Overlay (General Commercial, Mixed Use Overlay) or less intense zone , and Portion C from the RS-2 (Single Family Residential) zone to the C-G (MU) Overlay (General Commercial, Mixed Use Overlay) or less intense zone. Reclassification Resolution No. Project Planner: (dherrick@anaheim. net) Adjourn To Monday, December 10,.2007 at 1:00 P.M. for Preliminary Plan Review. H:\dots\clerical\agendas\(112607).doc (11/26/07) Page 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 11:00 a:m. November 21, 2007 (TIME) (DATE) LOCATION: COUNCI C AMBER DISPLAY CASE AND N IL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written 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 Gity to make reasonable arrangements to ensure accessibility to this meeting.. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. SCHEDULE aoo7 December 10 December 24 (Cancelilled) H:\dots\clerical\agendas\(112607).doc (11 /26/07 ) Page 7 ..:LaJ 'I - :~ ., , City of Ar-aheim COIVII!/IIJI®1IT'Y 1)EVEL®P1VIEI~T Attachment No. 1 To: Linda Johnson Prom: Christina Briggs CC: Brad Hobson Kerry Kemp Date: November 20, 2007 RE: `Greater Downtown Guidelines for Development' -Planning Commission Meeting 11/26/07 As part of the Mayor's initiative to revitalize downtown Anaheim, he hosted a focused "Charrette", which included members of the downtown community, City staff, and select urban design consultants. The Charrette involved discussing enhancement of the public spaces that will successfully link existing and new neighborhoods to our downtown core with an emphasis on pedestrian access. Subsequent to the second Charrette session, staff worked closely with a design team to prepare a detailed document that reflects the principles and recommendations from the Charrette sessions. The document is entitled "Greater Downtown of Anaheim-Guide for Development" (the "Guide"). The Guide describes the vision for the Greater Downtown as creating "a recognizable urban city center, a public place that is dense, urban, livable, active, diverse and worth a visit." Intended user groups of this document include residents, project developers, Redevelopment Agency and City staff, and public officials. The Guide should assist all these groups in collectively determining appropriate design measures for particular projects: In order to achieve the vision set forth in the Guide, it suggests a series of improvements are required, including creation of a recognizable hierarchy of streets; expanded art, landscape, and open space; and appropriate built forms that address the street and support pedestrian activity. The Guide contains development recommendations in three major categories: urban design, landscape design, and traffic/transportation. Key Urban Design Principles: Strengthen Pedestrian Network Provide a mix of uses for sustainable growth ° Use the built environment to define street edges and shared public spaces • Encourage high-quality architecture Make new development an integral part of the City ° Develop standards to encourage sustainable and energy efficient development • Overlay a larger planning framework with ties to the PT (transit) Continue [o attract new investment r9DOCS1UEV5 VCSNIEMOSICUM) UnXOGJInPCMcmn:DOC III LI11 ~. .r~'.t C.i(j ~J ~-~~F~~ City of Anaheim ~,~. ~~~ ~ ~ C®1VIlVIU1®iI'I'Y DEVEL®Pl~'IEI~Z' ~UFV .Ly Key Landscape Design Principles: Use street hierarchy to connect public realm Make streets parklike and pedestrian oriented Give character to streets/boulevards Distinguish public spaces Use street amenities to distinguish greater downtown Integrate public art into [he landscape framework Create a sustainable environment Key Traffic/Transportation Strategies: Shorter Crossing Distances (bulbouts, smaller curb radii, ADA ramps) Tmck fuming capacity at specified intersections Narrower Travel Lanes Eliminate dedicated right tum lanes Eliminate dual left tum pockets Diagonal Parking Traffic Calming measures in the Pearson Park neighborhood The Guide concludes with a series of recommended actions utilizing the strategies listed above, including long-term, mid-term, and short-term projects, to achieve the vision for the Greater Downtown set forth in this document. The Guide identifies the top eleven action items as: Reconfiguration of Broadway ° The CIM development projects Reconfiguration of Lemon St. New Civic Center and Circulation Improvements. ° Reconfiguration of Anaheim Blvd. Redevelopment of Towne Center ° The Packinghouse Block Redevelopment `Colony Park' Neighborhood Residential Development Reconfiguration of Santa Ana Street. Implmentation of Quiet Zone Implementation of traffic calming strategies We are requesting that at its scheduled meeting on November 26, 2007, the Planning Commission make a recommendation to City Council to approve this document. We intend to present this document to the City Council For approval in either December 2007 or January 2008. raoocslnevsv[slMenloslcoho ooe ocamrcm~~lo.ooc Ivo. 1n 1 / SMALL INU. hIKMS -' ~ W W ~ RM-4 I (j 'RCL 69-70-27 I RCL 5354-19 RCL 51-5: ~ RCL 53-54-19 RCL 5354-19 .--.CUP 27~ W VAR 2204 VAR 2141 SMALL IND. FIRMS CUP 24( STORAC J APARTMENTS ~ 104 DU C-G RCL 2006-00189. RCL 92-9304 } I RM-3 RGL 67-68-26 Q RCL 72-73-27 RCL 2006-00189 RCL535419 ~ SMALL IND. --- - -_ RCL 92-93-04 243 CU FIRMS -- -- -- RCL 67-68-26 CUP 569 ~ RCL 5354-0 9 CUP 3104 Z CUP 3589 VAR 3615 W I CUP 3104 VAR 2476 U SMA LL INDUST VAR 3615 VAR 255 S ~ FIRMS VAR 2476 VAR 19455 W VAR 1945 S TPM 2006-26 U SMALL SHOPS I TPM 2006-26 I ND. FIRM TARGET m rT RCL 65E6-52 G " mN 1 CUP 3034 ~ ~ ry < N O ~ ~ - ~ SMALL SHOPS& o~ timr ' < m ~ COMMERCIA OFFICES ~ K ~u RCL 66-67-14 gMA SHOP i-m--238'-~I LINCOLN AVENUE D-G x o c-c RCL 68-69-53 S-2 GG T o m RCL GUP 2107 1 DU EACH N w T CL 9p-91-1 ~ m ~ G36453 RESTAURANT ~ AR tooo s VAR 462. RCL 84A5-36 (Res of Int v m " P 200 I- ~ ~ VAR 462 VAR 3465 to CO) ~ ¢ 04743 a W ~ VAR 4068 ~ > VAR 1621 T VAR 1608 -CUP 2 RS- ~ ~ MED. MEDICAL OFFICES (~L 04091 CENTER N-0¢119 CUP 2001- DU CH w 3 ANAHEIM P ZA REDEVELOPMENT AREA: 04319 W CUP 564 ~ RS-2 CUP 244 Q VAR 919 S ~ 1 DU EAC 63 sa~it 61 d' ANAHeM /~ RS-2 m RS-2 EMBASSY AVENUE NOasuli~~ RS-2 1 DU EAC 1 DU EACH 1 DU EACH '~'~~~ RS-2 I l I I ~ 1 UU ~ACH I I I I. N. Conditional Use Permit No. 2007-05243 Requested By; THE ZACHARY TAYLOR PEDICINI TRUST 1841 West Lincoln Avenue Subject Property Date: November 26, 2007 Scale: 1" = 200' Q.S. No. 46 10389 ATTACHMENT NO. 1 RESOLUTION NO. PC2007-113 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05243 BE GRANTED (1841 WEST LINCOLN 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: _ _ PARCEL 2 OF PARCEL MAP NO. 2006-265, AS SHOWN ON A MAP FILED IN BOOK 354, PAGES 32 AND 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.. WHEREAS, the Planning Commission did hold a public heazing at the Civic Center in the City of Anaheim on September 5, 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 heaz 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 October 1, 2007, public hearing; 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 heazing, does find and determine the following facts; 1. That the proposed expansion of an existing commercial retail center and to establish land use conformity, is properly one for which a conditional use permit is.authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Commercial Retail Center) with waiver of the following: (a) SECTION NO. 18.08.060.010.0101 Minimum landscape setback: (10 feet required; 5 feet proposed) (b) SECTION NO. 18.46.1 10..020 Reouired block wall. (8-foot wall required.; none proposed) 2. That the above-mentioned waiver (a) is hereby approved as the minimum 10-foot landscape setback requirement would be shazed between the subject property and the adjacent residential property to the north and west and therefore, an adequate buffer between the two uses would be provided. 3. That the above-mentioned waiver (b) is hereby approved as the required eight (8) foot tall block wall would be constructed by the future residential development to the north .and west and therefore; screening of the two uses would be provided. - 1 - PC2007-113 4. That the proposed commercialretai] center as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the azea in which it is proposed to be located. 5. 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 azea or the health and safety. 6: 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 because the design of the commercial building provides adequate pazking on-site and adequate access from Lincoln Avenue and Crescent Way. 7. That granting this conditional use permit under the conditions imposed 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 azea. 8. That no one indicated their presence at said public heazing 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 Declazation upon finding that the declaation reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment: NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the 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 number of tenant spaces for this commercial retail center shall be limited to six (6). Said information shall be specifically shown on plans submitted for building permits.. 2. That adequate ]ighfing of pazking lots, driveway, circulation azeas, aisles, passageways, recesses and grounds 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 dazkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. - 2 - PC2007-113 3. That 4-foot high street address numbers shall be displayed flat on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits.. _ _ 4. That trash storage areas shall be maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. 5. That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits. 6. That a final coordinated sign program for the entire center, including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for. review and approval as to placement, design, and materials. Said plans for the monument sign shall incorporate the material treatment and colors used on the building. The signage shall be designed to complement the architecture of the commercial retail center. Any decision by staff maybe appealed to the Planning Commission as a "Reports and Recommendations" item. 7. That all requests for new water services, fire hydrants, or fire lines; as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through. Water Engineering Division of the Anaheim Public Utilities Department. 8. That since this project has a landscaping common azea exceeding 2,500 squaze feet; a sepazate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits, 9. 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 tlae specific .screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). , 10. That any required relocation of City electrical facilities shall be at the developer's expense. 11: That plans shall be submitted to the Traffic and Transportation manager for his review and approval showing conformance with Engineering Standazd No. 115 (10-foot radius curb returns for all driveways and sight distance visibility for the monument sign and wall location). , 12. That any removal or relocation of any traffic signal equipment or any other related item to the traffic sign shall be at the developer's expense if the project requires street widening or new/modification of the driveway. 13. That plans shall be submitted to the Planning Services Division for review and approval in conformance with the current version of Engineering Standazd Plan Nos. 436, and 470 pertaining to pazking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. - 3 - PC2007-113 14. That final elevation plans shall be submitted to the Planning Services Division for Planning Commission review as a "Reports and Recommendations" item. Said plans shall incorporate refurbishment of the existing building and the new expansion, the use of stone or the material, detailed information pertaining to the materials and colors proposed, and detailed information pertaining to the quality and design of proposed lighting. I5. That lighting fixtures shall be down-lighted and directed: away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. 16. That all plumbing or other similaz pipes and fixtures located on the exterior of the building shall be fully screened by azchitectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 17. That final ]andscape plans shall be submitted to the Planning Services Division for review and approval. The said plan shall incorporate broad headed evergreen trees planted at 20 foot on centeradjacent to the north and west property lines. Said plans shall show 24-inch box size trees along Crescent Way, shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of--way and within landscape setbacks. The landscape material selected shall be appropriate to the width of the planter area. Any decision made by the Planning Services Division regazding said plan may be appealed to the Planning' Commission as a "Reports and Recommendation" item: All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. " I8. That the property owner shall submit a letter requesting tenninatiom of V ariance No. 2476 (waiver of (a) permitted uses, (b) minimum number of parking spaces to establish an outdoor lot for display and sales of mobile homes in conjunction wiffi an existing shopping center), Conditional Use Permit No: 3589 (to permit an automotive repair and parts installation facility) to the Planning Services Division. 19. That the applicant shall abandon any City of Anaheim public utilities easements that conflicts with the proposed building footprint. Prior to final building and zoning inspections the following conditions shall be complied with: 20. 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 mazked Exhibit Nos. 1 through 3, and as conditioned herein. General Conditions: 21. That no video, electronic or other amusement devices shall be permitted on the premises. 22. That all public phones shall be located inside the building. 23. That no outdoor vending machines that aze visible to the public right-of--way shall be permitted on the property. - 4 - PC2007-113 24. That all trash generated from this 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. 25. 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. 26. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 27. 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 towazd establishment of the use or approved development. 28. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal 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. 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 declazed 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 chazges 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 chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. 5- PC2007-113 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 1, 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. (ORIGINAL SIGNED BYKELLYBUFFA) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: /ORIGINAL SIGNED BY GRACE MEDINA) SR. SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October I, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007_ ORIGINAL SIGNED BY GRACE MEDINA) SR. SECRETARY, ANAHEIM PLANNING COMMISSION - 6 - PC2007-113 IICIP INU. L S ~ U ~ ~ = ALDEN AVE N ~~ HU mug ~ RS-2 ° ~ nIU ~ 1 DU EACH ~ ~ J ~~ ° U ~ STANDISH AVE T z CUP 2001-04309 ~ CUP 3305 (? S CUP 455 w N~ CHURCH a N DAY CARE ~o CENTER RS-2 vna Ana 1 DU EACH ~- 420 ' -~~ a v S ~ Y T ~ ~ CUP 2007-05264 , -~ , CUP 445 rr ~~ ~ ~~ CHURCH i ~ ~ y ~ sl s t T SOUTH JUNIOR =;? .'~ HIGH SCHOOL ~,, - e RS-2 1 DU EACH f- W W h- RS-2 F, 1 DU EACH ~ Y Z T BENITO JUAREZ ELEM. SCHOOL Conditional Use Permit No. 2007-05264 Requested By: JOHN KOOS 701 South Sunkist Street -Sunkist Community Church RCL 91-92-05 -CUP 2001-04378 GUP 4166 T-VAR 2003-04567 VAR 2002-04542 VAR 4180 - VACANT U N .... N Q W ~ ' g O O . T .. 0 N t OU EACH ~ ~ Q - O- RS-2 ' RCL 65-66-20 AR 353 1 DU EACH as-3 STANDISH ~ acvtaesl T VAR 300 1 ou CUP 1197 Rs3 KINDER acv?-7es+ CARE VAR 300 NU SERY 1ou SOUTH STREET RS-2 1 DU EACH RS-2 SCL 76-7Z-5 VAR 2940 VAR 2051 RR 1 DU EACH RCL 76 77-52 U VAR 2940 rn VAR 2051 -+ 1 DU EACH y~ JAMISON ST pl a ~>y Subject Property Date: November 26, 2007 Scale: 1" = 200' Q.S. No. 114 10408 DIANA OR ~"~~ l ITEM NO. Z 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 928D5 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim:nel PLANNING COMMISSION AGENDA REPORT City of Anaheim` PLANNING DEPARTMENT DATE:. NOVEMBER 26, 2007 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2007-05264 LOCATION: 701 South Sunkist Street APPLICANT/PROPERTY OWNER:' The applicant is John Koos and the property owner is Sunkist Community Church. REQUEST: The applicant requests appioual to construct a 70 foot tall telecommunications facility disguised: as a pine tree (where 30 feet is permitted) with: 'accessory ground-mounted equipment. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a} By motion, approve a Negative Declaration: (b) By resolution, approve Conditional. Use Permit No: 2007-05264. BACKGROUND: This property is developed with Sunkist Community Church:. It is :located within the Transition (T) zone:.: The GeneraLPlan designates this property andl 'properties to the north, east and south for Low Density Residential land uses. ,Property to the west is designated for. School land uses. PROPOSAL: The applicant proposes to construct a 70-foot tall telecommunications facility (where 30 feet is permitted) disguised as a pine tree. A tptal of six (6) antennas are proposed at the top of the tower:: The pine is proposed with a simulated brown trunk. finish and green pine tree needles interspersed throughout the pole to screen the antenna. arrays. The facility and ground-mounted equipment would be located at the western portion of the property. Please refer Yo the attached summary chart for project details: ANALYSIS: The project has been evaluated against applicable development standards and is in compliance. Code permits telecommunications facilities and antennas in the Transition zone subject to the approval of a conditional use permit. The Code includes design guidelines for telecommunications facilities to minimize the visual impact of the facility on the community: Following is staff s analysis. and. recommendations on the. requested project. CONDITIONAL USE PERMIT NO. 2007-05264 November 26; 2p07 Page 2 of 2 Issue: IDesign and height of facility The Code requires wireless communication facilities to have a "stealth" design.. A stealth facility is one that is designed to minimize visual impacts by disguising the facility to appear as a natural -- object, such as a tree, or part of an existing structure while'visually blending into the surrounding environment. The maximum permitted height for telecommunications facilities in the Transition zone is 30 feet. The Code states that taller telecommunications facilities'may be approved as part of a conditional use permit.: Heights for telecommunications facilities typically range between 55 to 75 feet tall. The facility would be located approximately 205 to 345 feet from South and Sunkist Streets and 120 feet from the adjacent single-family neighborhood. These distances minimize the visibility of the proposed antennas and equipment location from public view. Three live pine trees aze also proposed adjacent to the mono-pine which will provide an improved setting for the facility. Further, the street trees aze similaz to pine trees and provide a complimentary backdrop for the facility::. Due to the facility being disguised as a pine tree, with the. large. distance from surrounding streets and adjacent sensitive land uses,. it does not significantly impact he visual chazacter of the azea. 1n April 2007, the City announced a citywide wireless service coverage initiative to ensure all major cellulaz companies aze able to provide full coverage throughout the City. Given this new policy direction, the applicant has explored all alternative locations in order to'serve this coverage gap. The' applicant has also determined the proposed 70-foot height for the facility is necessary to serve the wireless coverage area. Since there is a need for coverage in this azea, it is appropriate to site a facility on this property. Given the City's current policy direction to ensure citywide coverage, and the constraints of the existing development in the azea, the pine tree design is the most appropriate alternative. Since the proposed design disguises the facility as a natural object and furthers the goals of the citywide wireless'service coverage initiative, staff recommends approval of this request: Respectfully submitted, Con urred y, ~h'l~ ~dr/?d~a-- C Principal Planner arming Services Manager Attachments' L -Project Summary 2. ' 'Draft Resolution The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall: 3, Plans 4: Photo-Simulafions 5. Carrier Coverage Maps. A'1'B'AC PI'S N®. 1 PR®JECT 3U Y Conditional iJse Perffiit AIo. 2007-05264 I9evelo went Standard ~ Pro osea Pro'emt ~ T`~one Standards -s Site Area 3.35 acres N/A Building Setbacks Adiacentto: Feet South Street 205 25 Sunkist Street 345 25 Reaz 45 25 [~>~ T] ATTACHMENT N®. 2 RESOLUTION NO. PC2007-* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05264 BE APPROVED (701 SOUTH SUNKIST 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 NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 198.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN TRACT NO. 5345, AS SHOWN ON A MAP RECORDED IN BOOK 192, PAGE 39 OF SAID MISCELLANEOUS MAPS.. ALSO EXCEPT A 30% INTEREST IN A WELL AND WELL SITE DESCRIBED AS FOLLOWS: THE SOUTH 33.00 FEET OF TILE' NORTH 193.00 FEET OF THE EAST 34.00 FEET OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER. WHEREAS, the applicant has requested approval of a Conditional Use Permit to construct a 70-footfall telecommunications facility disguised as a pine tree with accessory ground- mounted equipment pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 26, 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 7eports offered at said hearing, does find and detemune the following facts: 1. That the proposed use is properly one for which a conditional use pemut is authorized by Anaheim Municipal Code Section No. 18.14.030.040.0402 (Antennas - Telecommunications- Stealth Ground-mounted). - 1 - PC2007- 2. That the proposed 70-foot tall telecommunications facility disguised as a pine tree would not adversely affect the adjoining land uses and the growth and development of the azea in which it is proposed to be located because it provides a service to the community in a stealth facility. 3. That the size and shape of the site is adequate to allow full-development of the request in a manner not detrimental to the particular azea nor to the health and safety as the telecommunication facility disguised as a pine tree would not affect the circulation or setbacks of the existing church. 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea. 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an essential and effective wireless communications network system. 6. That *** indicated their presence at said public hearing in opposition; and that *** 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 Declazation upon finding that the declazation 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 fmding 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 aze 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: COA Conditions of Approval Responsible for Monitorfn 2<fNFBVG PRIER 7'C! ~'SSU.4TNG~' 13~SildLdAYNdrgP`~I~IT ~ ~° , That this seventy (70) foot tall telecommunications facility. disguised as a pine tree shall be limited to a maximum of six (6) COAL panel antennas and accessory ground-mounted equipment. No planning additional antennas or equipment cabinets shall be permitted without approval from the City.. Said information shall be specifically shown on plans submitted for building permits. - 2 - PC2007- That the round-shaped trunk shall be painted brown and textured to appeaz similaz to a live pine tree trunk in order to blend with the three {3} live pine trees. The anteana arrays and individual COA2 panel antennas shall be finished and painted green to match the Planning artificial pine tree needles attached to the structure. Said information shall be specifically shown on the plans submitted for building permits. That the walls of the ground-mounted fence and wall enclosure shall be protected from graffiti opportunities by the use of plant COA3 materials such as a minimum 1-gallon size clinging vines planning planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on plans submitted for building permits. That all equipment, including supply cabinets and power meter, shall be screened from the public right-of--way. The screening azound the ground mounted equipment shall be solid masonry COA4 except at the access gate. The access gate shall include slats to Planning screen the equipment from public view. )n addifion, the cable connecting the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans subntted for building permits. That any required relocation of City electrical facilities shall be at the applicant's expense. Landscape and/or landscape COAS screening of all pad mounted equipment shall be required and Planning shall be specifically shown on plans submitted for building pemuts. That a note shall be added to the plans submitted for building pemuts that prior to final building and zoning inspections and prior to activating this facility, the Operator shall submit apost- COA6 elation test to confirm :that the facility does not interfere with Planning the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriff's Department or a Division approved contractor at the expense of the Operator. That a note shall be added to the plans submitted for building permits indicating that prior to final building and zoning inspections and prior to activating this facility, the Operator shall COAT provide a 24-hour telephone number to the Planning Services Planning Division (to be forwarded to the Fire and Police Departments) to which interference problems maybe reported, and shall resolve all interference complaints within 24 hours. - 3 - PC2007- That a note shall be added to the plans submitted for building permits that prior to final building and zoning inspections, the subject property shall be developed substantially in accordance COA8 ~~ plans and specifications submitted to the City of Anaheim Planiung by the applicant and which plans aze on file with the Planning Department mazked Exhibit Nos. 1 through 3, and as conditioned herein. That a note shall be added to the plans submitted for building permits indicating that prior to final building and zoning COA9 inspections, the Operator shall ensure that the facility's Plannin . installation and choice of frequencies will not interfere within g the 800. MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and. related purposes. That conditions that aze required to be complied with prior to issuance of building permits that require information to be COA10 provided on plans (such as roof-mounted equipment location and Planning screening, security measures, trash storage azeas, fire truck tum- azound azeas, etc.) shall be shown on plans submitted for_ building permits, and implemented prior to final building and zoning inspection. C3.~1VERi1L ~ .` ~ ~ :: That the Operator shall ensure that any of its contractors, sub- COAL l contractors or agents, or any other user of the facility, shall planning comply with the terms and conditions of this permit. That should this telecommunications facility be sold, the COA12 Planning Services Division shall be notified within 30 days of Planning the close of escrow. That the portion of the property being leased to the - telecommunications carrier shall be permanently maintained in COA13 an orderly fashion through the. provision of regulaz landscaping planning maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 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 COA14 original intent and purpose of the condition(s), (ii) the Planning modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved development. - 4 - PC2007- That extensions for further time to complete conditions of COA15 approval may be granted in accordance with Section 18.60.170 Planning of the Anaheim Municipal. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the COA 16 Anaheim Municipal Zoning Code and any other applicable City, Planning State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regazding 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 declazed 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 chazges 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 November 26, 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 ) -5- PC2007- I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 26, 2007, by the following vote of the members thereof: AYES: COMMISSION: NOES: COMMISSION: ABSENT: COMMISSION: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 6 - PC2007- Item No. 3 - -- o ® `~-v SP 93-i 2 O ~ RC L ~pe1 0 ® 9 RC 565] PEACOCK SUITES d' O W RCLfiG6l61 (100) RESORT HOTEL RC15G574 Q ~ $P 92-2 ~' ~ v-9 S' ~ LL RCL fib-67-61 _... (106) (~ • T CUP 200]45198 ~ CUP 2927 J CUP 1072 9Z q 'Q~ ~ VAR 553 ,'~ CUP 166 3 yy Z AMERICAN AMERICAN y LINEN SUPPLY LINEN SUPPLY O m CUP 286 U H • t, ® ~ ~ W RCLfibfi]41(10BI R$1 L 'P -9 ~` N RCL SES]4 ~ 2~ NU ® SP 92-2 ,P S y ~ ® J Q SP 833 1111081 R L 65 ~ e ~~. OG ~ R 65 ~~~i'~~ ~'Q Z RCR L ~08) Q •~, p9.P ® 56@7 CU 25 ]038 L ~ SP 82-2 ~ • RCL@66741`(1001 CUP `~ RCL 6667E1174) • RCL 73-74-48 CUP 219@ VAR 536 ~ RCL 5@-5]-e SP 92-2 VACANT CUP 2569 VAR 554 CUP 856 ~ CUP 1610 VAR 2605 BLDG DRIVE-THRD ~ 7-11 MARKET REST. KATELLA AVENUE m m ~ {•m-15a ~ -®I ~ ~ Na{m NrQO~ Nn1p a' Nrm~Nm cP4~NZ N ^~-Q T 4 SP B2-2i:::,' /ROLTO@4-@@135 ~ n,owP SP B2-2 o rymPm RCL B5-B7-2B tD m N~~~ m,c N~ N ( RCL@8-B]-TB ' RCL58-58-0 a 1Oanp N~ ea O:U mto TtD O. 0. a1Oa o! a`pj°d~d~a NUU> j n RCL SB-SB-0 ,o ~ CUP2@04-04922 ? D CUP 2582 ~ VARi5B3 u ¢U<> NJ~Q (q-1V»> m VAR 15fi3 z VAR 1523 ~ Z U U ~ U . = VAR 1523 2 9P 82-2 O SP 82 (Y K -r PcN 20074003]' - SATELLITE = ARENAINN BSUITES PCN 20o44o01s ~` RCL 86-87-28 RETAa RCL 66-67-11 RcL @6-s]-11 m OENTER ~ , ~_~@- --~ --~ ~ RCL 78.79-11 RCL @B 87 2@ -, - - ~ C L 61-02a VAR 3601 R V VAR 1 72 qR 3601 ~ SP 92.1 . ~ RCL 82-83-35 F- OMFORr INN 7G (Res of Intent to RM-1000) W s sulTES tr RCL 82-83-26 ~ ~ CUP 1645 RCL 66-67-61 F- RCL 8687-28 VAR 3044 (Res of lnl io C-R) y RcL @6fi].n CUP X-15 ~ 1 $ 82-2 R ~ CUP 880 RCL BB•07-20 CUP 2462 H 10 1 R CUP 1604 fA VAR 360 VAR 2621 DISNEYLAND EMPLOYEE Q PARKING = VACANT THE ANAHEIM RESORT BOUNDARY VAR 2386 SP 92-2 m 1DU SP 92-2 ' RCL 82.83-19 RM-4 .~ RCL 5B-59-0 RCL 65-86-67 a CUP 2003-04806 CUP 796 CUP 2592 VAR 1347 ~ CUP 16 p a VAR 2396 / \ MEL ALMA APARTMENTS ~ / \ EO 90 UNITS ( /~ ME PARK MOBILEH e Public Convenience or Necessity No. 2004-00018 ~ ,,~; Subject Property (Tracking No. PCN 2007-00037) Date: November 26, 2007 Scale: 1" = 200' Q.S. No. 98 Requested By: RHL DESIGN GROUP 100 East Katella Avenue -Chevron 1D4os IV ~. Public Convenience or Necessity No. 2004-00016 (Tracking No. PCN 2007-00037). Requested By: RHL DESIGN GROUP Subject Property Date: November 26, 2007 Scale: 1" = 200' Q.S. No. 98 100 East Katella Avenue -Chevron moos >fTEIVI I~l®. 3 PI, G C®1VIIVgISSH®N AGEI+~A RIrP®RT 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5260 vnvw.anaheim.net City of Anaheim PLANNING DEPARTMENT IRATE: NOVEMBER 26, 2007 FROM: PLANNING SERVICES MANAGER v SUBJECT: . DETERMINATION OI+ PUBLIC CONVENIENCE OR NECESSITY NO.2004-00016 (TRACKING NO: PCN2007-00037)' LOCATION:` 100 East Katella Avenue APPLICANT/PR®PERTI' OWNER: The applicant is RFILDesign Group and the property owner is Anaheim Chile Operations, LLC. REOUES')r: The applicant requests approval to amend the conditions of approval for an existing service station convenience market pertaining to the pernutted hours of sale of alcoholic beverages and the requitement to have security guards on the premises. R);COMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, determine that the previously-certified EIR No. 313 is adequate to serve as the required environmental documentation for this project: (b) By resolution, approve an amendment to Determination of Public Convenience or Necessity No. 2004-00016 to delete conditionsof approval pertaining to hours of sale of alcoholic beverages and a required security guazd. BACKGROUND: 'This property is developed with a Chevron service station and convenience mazket. It is ocated within the Anaheim Resort Specific Plan (SP92-2) , zone. The General Plan designates this property and properties in all directions for Commercial Recreation land uses. In 2004, the Planning Commission approved a conditional use permit to construct the service station and convenience mazket and to permit the market to° sell beer and wine. The Commission also approved a determination of public convenience or Necessity for the sales of alcoholic beverages due to the property beinglocated within a police reporting district with a high crime rate. In making this determination, the Commission approved the following conditions: "13. That the sales and service of alcoholic beverages shall be permitted only until 10:00 p.m: on Thursday, Friday, and Saturday nights. l PCTI2004-00016 November 26, 2007 Page 2 of 3 14. That the petitioner(s) shall provide 1 licensed uniformed security guard(s) between the hours of 8:00 p.m. to 3:00 a.m, on Thursday, Friday; and Saturday " nights in the pazking lot and shall maintain order` therein and prevent any activity, which would interfere with the quiet enjoyment of their property by neazby residents and businesses." These conditionswere placed' on the convenience mazket due to concern regarding the proximity of the business to the former Boogie,, which was. a popular night, entertainment venue directly to the north across Kateha Avenue: The Police Departmenthad responded to a high number of service calls to the Boogie. The calls for service and the associated activity had impacted neighboring businesses in the area. The Police Department had concerns with establishing another location with the retail sales of beer and wine for off-premises consumption in close proximity to the Boogie.. PR®P®SAL: The applicant requests the deletion. of conditions of approval that prohibit the sales of beer and wine after 10 p.m. on Thursday, Friday and Saturday and require a uniformed security guard on these evenings. The applicant states that these conditions were required at the time of the business'.. approval due to the operation of the adjacent entertainment venue. The applicant believes that since the former Boogie business is now closed, these. conditions are no longer necessary. ANAL~'SIS: The conditions of approval pertaining to the hours to sell alcoholic beverages and to have security guazds were required as preventative crime. measures. Staff has discussed this proposal with the Police Department and recommends that these conditions of approval be deleted since the former entertainment. venue is no longer in operation. Respectfully submitted, Co erred by,'- ~~~ 9~~~- !~~ Principal Planner Planning ervices Manager Attachments• v 1. Letter of Request 2.' Police Department Memo 3. Draft Resolution 4. Prior Resolution The following attachmentswere provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 5. Planning Commission Staff Report (November 15, 2004) 6: Photographs. of Site 7. Planning Commission Minutes (November 15, 2004) A'I"TACI31i9tEN1' N®. 1 G sour Ixc. ELEBR/~,TIf ~-;, YEARS John W. Johnson Ca-/'resident Architect Brian F. Zita Co-President Architect ARCH I T E C T U R E ' E N D I N E F: K I N G • E N U I R O N M E N T A L $ E li V ICE 5 2401 Fan Katella Avenuc, Suite 400, Anaheim, CA 92806 Teleph¢nr: (714) 935-0050 F¢uim!(r: (714J 'J35-0051 October 1, 2007 Community Development Department. City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 Attn: Planning bepartment RE: PROJECT OPERATION CHANGE REQUEST Proposed Modification of the PCN 100 E. Katella Ave. Anaheim, CA 92806 RHL #: CHV07070.0 John B. Hicks Vke Prey:dens On behalf of Chevron, we are requesting a new review by the City of Anaheim, of some specific conditions of approval placed on the Chevron Station located at 100 E. Katella Avenue under the PCN determination and PC Resolution No. 2004- RegionalManagerr 00016. The conditions of approval in effectunder this resolution include 18 Brad A.Gnbser provisions. We respectfully request the City remove the following two of these Jesse E. Macias COndifIOnS: Roy W. Pedro #13 states "That the sales and service of alcoholic beverages shall be permitted Alan K. Shimabukum only until 10:30 pm on Thursday, Friday and Saturday nights." John W. SxrobeL #14 state "That the petitioner(s) shall provide 1 licensed uniformed security guard(s) between the hours of 8:00 pm and 3:00 am on Thursday, Fdday and Saturday nights in the parking. lot and shall maintain order therin and prevent any activity, which would interfere with the quiet enjoyment of their property by nearby residents and businesses.' These above conditions were placed on the PCN due to the fact that at the time of approval there was an active night club nearby. As this night olub is now closed, there seems no further need for these imposed conditions.. office: Since there is no over concentration of off-sale licenses in the area, allowing the ANAHEIM, cA more typical Gam to tam/ 7 days per week sale of beer and wine at this very popular station should not adversely impact the established neighborhood. Chevron will BELEEVUE, WA operate this location as a corporate owned and operated business. These CAMAS, WA corporate sites are flagships and act as model operations for the entire Chevron ~ retail network. Chevron has extensive training for employees so that the sales of DENVER, CO these products will not negatively impact the community.. MARTINEZ, CA Chevron has extensive training of employees to ensure that these products are sold PETALUMA, cA responsibly, and that no underage customers can purchase age restricted items. R08EViLLE, cA Chevron does not allow any such items to be consumed on the premises, no scorrsonLE, Az loitering or other behaviors that could have a negative impact on the image of the Chevron orthe neighborhood. No pay phones or video games will be installed, and wwur.rh/design.eom F:FProjectV+-B-C-D\CHV\CHV07070.0\DOCS\Project Description Letter.doc Chevron SS# 30 ~Q Page 2 100 E. Karelia Ave.. Anaheim, Calif°mia ° GFCOVe INC. RHL JN: CHVQ7070.0 no adult magazines will be sold as these also have negative impacts. Following is the full operations statement. ELEE~, I Operations: venns Customers can pay for their fuel purchase using credit/ATM cards directly at the pump or go inside the store to pay with cash, while leaving their vehicle still parked at the dispenser. While inside the Extra Mile Market customers may purchase various items such as snacks, sundries, and prepackaged foods and. beverages. The site is designed so that the cashier will have visibility of alf customer areas of the site. By maintaining visibility of the site, Chevron staff will see and observe activities on the site. This observation is usually enough to discourage untoward behaviors. If problems occur, they can be dealt with by the store staff, with Police. assistance if required. The store and fueling will remain open 24 hours a day, 7 days a week. The store persohnel operate on 3 shifts and typically have 2-3 employees on duty during the peak periods of operation. Alcohol sales are normally about 90°/D of the store business by dollar amount, but a large proportion by profits., SALE OF AGE RESTRICTED PRODUCTS Tobacco Chevron displays the "We Card" program POS signage at the pay point of the store. Chevron Service Representatives (CSR) are trained to politely inform any customer who appears be 30 years old or younger, and cannot provide a valid 4.D., that they are unable to sell them tobacco products. In addition, the Electronic Point of Saie (EPOS) units used at the station prompts the CSR to enter the customer's Date of Birth when a tobacco product is entered. If the customer is underage, the system displays the message "Customer is Under Age For Product" and cancels the sale. Alcohol Chevron never allows the consumption of alcoholic beverages on or at its facilities, and posts signs on the premises stating this policy. As with tobacco products, the same process is followed when alcoholic products are purchased. Sales are declined to anyone who appears to be 30 years old or younger, and canhot provide a`valid LD., and the same prompt from the EPOS when the product is entered. CSRs are trained on what a valid form of identification must include; a photo and birth date of the individual, an expiration date, be issued by a state for federal agency or government and a description of the individual. Such valid forms of identification are; state issued drivers license, state identification card or military identification. A passport is not an acceptable form of LD. in California. CSRs are informed during training what the penalties and fines are foe selling alcohol to a minor. They include disciplinary action or termination, citation or ticket from law enforcementagencies, a fine payable by the employee that could exceed $5,000.00 and the possibility of arrest. F~Vrv1ttN.-B{.D\IXVICF3V°]07°.NWCNm1a,Doviplion isua.doc L~t~IJ kll). ~oi pg ~ O O O 1 Chevron SS# 30-2nt2 Page 3 100 E. Katella Ave. Anaheim, California Gxooe lnc. RHL JN: CHV07070.0 The project complies with all other regulations, conditions, or policies imposed by ELE13R, I the zoning code. In addition, this facility has beautified the corner for the City while ~, providing customers with the products and services desired in today's marketplace. YE""' The recently built Chevron station (since 2004) has increased the appearance and value of the surrounding neighborhood and proven Itself to be a quality operation. We are confident that the City of Anaheim will give every consideration to this requested change to the PCN granted to Chevron at the 100 E. Katella Avenue location. Please contact me at (714) 935-0050, extension 430, if you have any questions or need further information in order to process this application promptly. Thank you in advance for your assistance. Sincerely, RHL DESIGN GROUP, ING. Tamara Fenner .Entitlements Manager cc: Chevron Products Company / Wendell Keller P:\Pml~.¢C.OICIMCHVO)0'/0.0\00(SNmjct Devip,ion Is~W.doc ~I;;"J N0. 24CN - 0 0 01 6 <f~ 1 ~~4 ~, .s -=`L~J, > '^ Cityyg oqgf Angga~~h~~egi~m r~~,y7~~7~7. ®LY~~ 19L` Y ~~ A li'dL' 1'V 1 Special Operations Division To: Kimberly Wong Planning Department From: Sergeant Mike Lozeau Vice Detail CC: Date: September 10, 2007 12E: PCN2007-00037 Chevron 100 E. Katella Ave. Anaheim, CA 92802 ATTACHMENT NO. 2 I he rouce uepartment nas receiveo an Lu.u. ttoute meet ror rrct 2007-00075. The applicant is requesting to amend conditions of approval for a previously approved Public Convenience or Necessity. The location is within Reporting District 2126, which has a Crime Rate of 228 percent above average. It is also within Census Tract Number 875.04 which has a population of 8,248. This population allows for 5 off sale Alcoholic Beverage Control licenses and there are presently 3 licenses in the tract. It also allows for 9 on sale licenses and there are presently 3 licenses in the tract. The Police Department absolutely has no problem deleting conditions 13 and 14 from their Conditional Use Permit. These were only in place because of the Boogie being a problem location. All other conditions still apply in particular conditions 5 and 15 which are listed below for your convenience. 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. 15) No wine shall be sold in bottles or containers smaller than 750 ml. Please contact me at extension 1451 if you require further information in regards to this matter. f:\home\mminvin\2007-00075 Chevron 100 E Katella Ave modification.doc Anaheim Police Dept. 425 5. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 7 t 4.765.1665 [l)12AFT] ATTACHMENT NO.3 RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING CONDITIONS OF APPROVAL OF DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2004-00016 (TRACKING NO. PCN2007-00037) OF RESOLUTION NO. PC2004-136, ADOPTED THEREWITH (100 EAST KATELLA 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 in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and: WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Determination of Public Convenience or Necessity for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE NORTHERLY 271.1 FEET OF THE WESTERLY 249.47 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN RANCHO SAN NAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGE 10 OF MISCELLANEOUS MAPS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY CALIFORNIA. EXCEPTING THEREFROM ANY PORTION LYING NORTHERLY, NORTH WESTERLY; AND WESTERLY OF THE SOUTHERLY, SOUTH EASTERLY LINES OF PARCELS. "A-1"THROUGH "A-3" OF THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 784656, A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 7; 1999 AS INSTRUMENT NO. 19990254025 OF OFFICIAL RECORDS OF SAID COUNTY... WHEREAS, on November I5, 2004, the Anaheim Planning Commission, by Resolution No. PC2004-136, approved a Determination of Public Convenience or Necessity No. - 1 - PC2007- 2004-00016 to permit the retail sales of beer and wine for off-site consumption within a proposed convenience market in conjunction with a service station; and WHEREAS, said Resolution No. PC2004-136 includes the following conditions of approval: "13. That the sales and service ofalcoholic beverages shall be permitted only unkil 1.0:00 p.m. on Thursday, Friday, and Saturday nights. 14. That the petitioner(s) shall provide 1 licensed uniformed security guard(s) between the hours of 8:00 p.m. to 3:00 a.m. on Thursday, Friday, and Saturday nights in the parking lot and shall maintain order therein and prevent any activity, which would interfere with the quiet enjoyment of their property by nearby residents and businesses." WHEREAS, this property is currently developed with a service station and convenience market, the underlying zoning is SP92-2 (Anaheim Resort Specific Plan) and the Anaheim General Plan designates this property for Commercial Recreation land uses; and WHEREAS, the applicant has requested an .amendment of this Determination of Public Convenience or Necessity to remove the above-mentioned conditions of approval pursuant to Cade Section No. 18.60.190 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 26, 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 amendment of this permit for the removal of conditions of approval pertaining to the limitation of hours for the sales of beer and wine and required security guards is authorized under Code Section No. 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code. 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the permit has been operating in substantially the same manner as originally approved by the Planning Commission. 3. That the Anaheim Police Department indicates that removal of these two conditions of approval will not be detrimental to the particular area. - 2 - PC2007- 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. 5. That granting this amendment, 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,thaY"*** correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and finds that the previously-certified Environmental Impact Report No. 313 and Mitigation Monitoring Plan No. 067 previously approved in connection with the Determination of Public Convenience or Necessity No. 2004- 00016 are adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the conditions of approval, in their entirety, for Resolution No. PC2004-136, adopted in connection with Determination of Public Convenience or Necessity No. 2004-00016 to read as follows: 1. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability ofalcoholic beverages.. Interior displays ofalcoholic beverages or signs which are clearly visible to the. exterior shall constitute a violation of this condition. 2. That no display ofalcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Said information shall be specifically shown on plans submitted For building permits. 3. That the area of alcoholic beverage displays shall not exceed twenty-five percent (25%) of the total display area in a building. Said information shall be specifically shown on plans submitted for building permits.. 4. That the sale ofalcoholic beverages shall be made to customers only when the customer is in the building. 5. That no person under eighteen (18) years of age shall sell or be permitted to sell any alcoholic beverages without approval of a store supervisor twenty-one (21) years of age or older. 6. 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. 7. That the possession ofalcoholic beverages in open containers and the consumption ofalcoholic beverages are prohibited on or around these premises. - 3 - PC2007- 8. That the parking lot of the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking ]ot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Said information shall be specifically shown on plans submitted for building permits: 9. That there shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 10. That there shall be no public telephones on the property that are located outside the building. 11. That the gross sales of beer and wine shall riot exceed thirty-five percent (35%) of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of ales of alcoholic beverages and other items: These records shall be made available for inspection by any City of Anaheim official when requested. 12. That the property shall be permanentlymaintained'in an orderly fashion by providing regular landscape maintenance, removal of trash br debris, and removal of graffiti within twenty-four (24) hours from time of occurrence: ' 13. That no wine shall be sold in bottles or containers smaller than 750 ml. 14. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos: 1 through 8, and as conditioned hereih. 15.' That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, and 8, above-mentioned; shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Chapter 18.60 of the Anaheim Municipal Code. 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. 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 4 - PC2007- issuance of the final invoice. 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 November 26, 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 maybe 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, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 26, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 5 - PC2007- ATTACHMENT NO. 4 RESOLUTION NO. PC2004-136 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2004-00016 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE (100 EAST KATELLA AVENUE) WHEREAS, on July 11, 1995, the City Ccuncil adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Gommssion 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 in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit the retail sales of beer and wine for off- premises consumption within a proposed convenience market in conjunction with a service station on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE NORTHERLY 271.1 FEET OF THE W ESTERLY 249.47 FEET OF THE NORTH HALF-0F THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51,'PAGE 10 OF MISCELLANEOUS MAPS; RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY CALIFORNIA EXCEPTING THEREFROM ANY PORTION LYING NORTHERLY, NORTH WESTERLY, AND WESTERLY OF THE SOUTHERLY, SOUTH EASTERLY, AND EASTERLY LINES OF PARCELS "A-1" THROUGH "A-3" OF THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 784656, A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 7, 1999 AS INSTRUMENT NO. 19990254025 OF OFFICIAL RECORDS OF SAID COUNTY WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 15, 2004, at 2:00 p.m., notice of said public hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 16.60 "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 petitioner demonstrated that the sale of beer and wine would be a very minor portion of the proposed business (approximately 10%) retail sales; and 2. .That the accessory sale 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 facility, includirig extensive employee training and security programs. Additionally, the facility would not sell beer and wine after 10 pm on Thursdays, Fridays and Saturdays and will also provide 1 .licensed uniformed security guard between the hours of B:00 p.m. to 3:00 a.m. on these same nights within the parking lot. There is no direct access to the adjacent residential properties to the south within the mobile home park: The construction of a Cr\PC2004-136 -1- PC2004-136 new perimeter wall and dense landscape screening would further minimize any potential impacts the request would have on the surrounding area; and 3. That the establishment of this license would not result in an over-concentration of licenses within the area. Only two (2) off-premise licenses exist where five (5) off-premise licenses are allowed within this census tract; and 4. That the public convenience or necessity will be served because the petitioner would be the only such retailer (service station, grocery items, sundries) in the area that would offer beer and wine for off- premises consumption. The service station is located near the Interstate 5 freeway on-ramp, and along a major corridor with the Anaheim Resort. The facilities would provide tourist oriented retail (fuel, sundries) and serve those visitors within the Resort Area, and 5. That no one indicated their presence at the 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 petitioner's submitted Environmental Information Form (a copy of which is on file and available for public review in the Planning Department), and finds that the proposed project's environmental effects are within the parameters, assumptions and time frames analyzed in the previously-certified Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan. Furthermore, based upon a review of the request for determination of public convenience or necessity, and the supporting documentation, staff finds that said request will not result in any new significant environmental impacts. Staff has prepared Mitigation Monitoring Plan No. 067 for the proposed project incorporating those mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are applicable to the project (a copy of Mitigation Monitoring Plan No.'067 has been forwarded to the Petitioner and is on file and available for public review in the Planning Department). 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 retail sales of beer and wine for off-premises consumption within a proposed convenience market in conjunction with a service station, at this location. 1. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting br 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. That no display of alcoholic beverages shall be Located outside of a building or within five (5) feet aF any public entrance to the building. Sold information shall be specifically shown on plans submitted for building permits. 3. That the area of alcoholic beverage displays shall not exceed twenty-five percent (25%) of the total display area in a building. Said information shall be specifically shown on plans submitted for building permits. 4. Thal the sale of alcoholic beverages shall be made to customers only when the customer is in the building. 5. That no person under eighteen (18) years of age shall sell or be permitted to sell any alcoholic beverages without approval of a store supervisor twenty-one (21) years of age or older 6. 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. 7. That the possessidh df alcoholic beverages in open containers and the consumption of alcohdic beverages are prohibited on or around these premises. -2- PC2004-136 8. That the parking lot of the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Said information shall be specifically shown on plans submitted For building permits. 9. That there shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time..: 10. That there shall be no public telephones on the property that are located outside the building. 11. That the gross sales of beer and wine shall not exceed thirty-five percent (35%) 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. 12. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris., and removal of graffiti within twenty-four (24) hours from time of occurrence_ 13. That the sales and service of alcoholic beverages shall be permitted only until 10:00 p.m. on Thursday,: Friday, and Saturday nights. 14. That the petitioner(s) shall provide 1 licensed uniformed security guard(s) between the hours of 8:00 p:m. to 3:00 a.m. on Thursday, Friday, and Saturday nights in the parking lot and shall maintain order therein and prevent any activity, which would intertere with the quiet enjoyment of their property by nearby residents and businesses. 15. That no wine shall be sold to bottles or containers smaller than 750 mL 16. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 8, and as ddhditidned herein. 17. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, and B, above-mentioned, shalt be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Chapter 18.60 of the Anaheim Municipal Code. 18. 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 findings hereinabove set forth. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior [o the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -3- PC2004-136 THE FOREGOING RESOLUT)ON was adopted at the Planning Commission meeting of November 15, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City _ Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMAM CHAIRMAN, ANAHEIM PLANNING COMMISSION , ATTEST (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 15, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES VELASOUEZ NOES: COMMISSIONERS: NONE ' ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hahd this day of 2004. (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2004-136 Item No. 4 ®.®. w MIDWAY DRIVE '_ ~.v®.~ CUP6i3 T ®. ®• H ~ • ®• VAR 2061 0 CUP ]JO I~6~cd Rsa9Cl RCL BBA9-00 vwlI~-..~~-91-' I sL etex® si B~z]^ RCL 63-fi4-10 p t]1 ~ gy v F 46A9q ~ L-G (6pBC) T-n1P 2aotAai21 T-GUP 2093-04794 tlg 4-~9~ 2 VPA Z(100® WP43 N iCL 61d2[R ~ lu~L 2600-000x3 T-OJP2001-04345 CUP 4076 G~ r ° 0 O I I ~2 I - e~v IResdinl. bSABG T-QIP x001-04302 CUP 3270 ~. °...lB g ° ~j g5eeq __ ~~, ~L ~g,-~ T-WP2061D4300 CUP 3926 ~'~~ee ~®~ N'(&L etLxdi °jn RCl6S6!-3fi T-CUP2001-04299 CUP 457 CUP 69 ° .~y• iLL ~6~ - ~~- D RLL 8661413 YCUP2000-04230 UAR 4357 Ilsreq - sdxL Z 6o-01-t4 ... LCU~P12~~4265 VAR 4140 ~ td:l etax-0] ? RCL 9SSSIB VAR 827 ` D RCL S4-5542 6UP 391] ANAHEIM RESORT RV PARK Rl I(sa9q R=L 6• = LT1P Z]G7-0.5256 _ WP366B B fL161E2356W04i)3 T-CUP2pIXi-0'A89 CUP 3655 m v® ® m T-CUP 2903-04]85 CUP 3515 ®. ®. ®. m UCIUO T-q/P 2G]2-0459] 9TG R: ~ T-OJP 2902-04512 VAR iR~ i~ LVPID01-6!439 PCNBI-11 i ~ ANAf6:IMMaRKETPIACE O IBpGOR GWAP MEET T i C RCL 82-83-22 { (sa9c1 f" WLDEN 619E9 i 6&p jgz m MOBILE HOME PARK ) CVP253 ~ r~6lsaficl i ~ ~t~~~~ n°1iPP ieii. O u amm ) 9URGER ~L 541&119 VA~91fi~ iC1514i5dx Mo511e Home PeA Ow4ey iaee i RESTAURPNT vm.m. °` ~ CERRITOS AVENUE '• ~, ~ - •3m ~0 ~ aNAHEIM9U91NEefi FlifU(1 ~ T-RC ~2[106fID033 '• ~n. ';>~ t . RCl2W0-00623 ~~~ ° ~~ w- ` ~ isnsc w~l~z~ ~~ABc 3 ~ a~ G ~ r L r ~ RCLZS] fd RCISZ 5516 61-61-113 ~-0^. ~ " } , > ~ o r ~ ~ LQIPZW7A6Z63 RCL 54-66-02 ii ~ h 3,-' ~ h" ~' CUPIl19SO4 B91 RCL 6667-36 -s „< <r ~~ 7.R' .? CUP2002-04811 o RCL 60-81-113 ~~~j ~. ~ x ~ & ..*e'~'y ~~'~ ~ ~CUP~313~8810 '. CUP 2003-04817 ,{ - ~CUp33`A t VAR435fi ~•~'4 ~~a CERRITOS AVE. ,{gaiPZiin Y, VAR ieBa m. ~ ,CUP 920 SCW 2006-09935 ~•~ ~ ? CUP 1649 6CW 2006-0W33 CUP 1569 UP 1986) ~~2 •~ ~_ GG (5A9C~' '~ i} VAR 31689 ~ •d - ANAFEIM9U91NE96 R1R4 +`~'' VAR 30256 3v1ALL IND. 0 @ ~ r z~ T-GPA2000A03B3y ~ FIftM9 •® S~'Y SPA 2060.90A6 f' ~y, ~,$ P.C ZW11.00624v eP B2Q ~.n ~ f O VACANT l1 • I ®•® ~~.9 ~•`~T~. RCLSA]-e 611fi RCL2~000L~3 ALRO WAY • '~ 190 wruezol 1RmdIr4 m5A9C Ow4 mre • ~ vary 34dds RCL xapVp ® ~~ `~%3 VAR 31676 T RCIfiG~~ ~Bx-1 ® ~/ ®@ / FCL5S5S19 ncO mare, noel ep 92-1 • %~ • PCLSM1SS@ wPZeeB RCL 77-7B-68 ® '9~ ®~-~ cuPt6ai RCL 86-67-61q(10~) • •'d' ypq~N~ rCL®-0]at ioel VA V~a00~4B881 ~ OCO~ 9 RRMS ~ sT~y VAR 730 '`• ®~ O~~ T-RC 2m6 33 e RCL666i-14 m1- RCL5SSSIB 9P 92-1 • • ~ RLlIP 182]x FGL]]-]559 • m Q/P t6d] QIP 2330 0 ~LVPR 3G1B1~) ®• `• u SMELL NG Rf8A5 9M II D FIRM •~ ®~ rc 1L 1 • a IV Conditional Use Permit No. 2005-04981 „~ q,~~~a Subject Property (Tracking No. CUP2007-05263) .Date: November 26, 2007 Scale: 1" = 250' Q.S. No. 87 Requested By: THE BANQUET PLACE HALL 167 and 175 West Cerritos Avenue Toato Conditional Use. Permit No: 2005-04981 ~ (Tracking No. CUP2007-05263) Requested By: THE BANQUET PLACE HALL 167 and 175 West Cerritos Avenue roato ~'Il'El~ N®. 4 PI<..ANN~NG C®1VYD/I<IISSI<®N AGENDA REP®RT 200 S. Anaheim alvd. sae ulsz Anaheim, CA 92805 Tel: (714) 765.5139 Fax: (714)765-5280 www.anaheim.net City of Anaheim PLANNING IJEPA.I~T'1VIENT DA~~; NQVEIVIBER 26, 2007 FROIVI: PLANNING SERVICES IVIAIVAGER~ SUBJECT: COlVVRITIONAL U5E PERMIT NO. 005-04981 (TRACKING NO. CUP2007-05263) LOCATYON: 175 West Cerritos Avenue APPLICANT/PROPERTYQWNER: The applicant is Oscar Ramirez and the property owner is Anaheim Business Campus, LLC. REQUEST: The applicant requests approval to reinstate a conditional use permit to retain apreviously-approved banquet hall with on-premises sales and consumption of alcoholic beverages and to remove a condition of approval pertaining to a time. limitation. RECONYIddE1VIDATIQN: Staff recommends that the Commission take the following actions: (a) By motion, determine that the previously-approved Negative Declaration serve as the appropriate environmental documentation. (b) By resolution, approve amendment to Conditional Use Permit No. 2005-04981 to delete the time limitation. BACKGROUIVID: This property is developed with The Place Banquet Hall. It is located within the General Commercial (SABC) {C-G, South Anaheim Boulevazd Corridor Overlay) zone and in the Merged Anaheim Redevelopment Project Area. The General Plan designates this property and adjacent properties to the south for General Commercial land uses. The General Plan designates properties to the north for Low- Medium Residential land uses and properties to the east, across Anaheim Boulevazd, for General Commercial land uses. In 2005, the Planning Commission approved Conditional Use Permit No. 2005-04981 to permit a banquet hall with on-premises sales and consumption of alcoholic beverages and a reduction in Code required pazking. The permit included a condition of approval establishing a June 1, 2007 expiration date. PR®P®5AL: The applicant requests that the conditional use permit be reinstated with no time limitation as the banquet facility has been operating in conformance with all conditions of approval pertaining to the permit. CONDITIONAL USE PERMIT N0.2005-04981 " November 26, 2007 Page2of2 APIE4I,~'SIS: There aze no outstanding complaints pertaining to this property and there are no records of violations for this business. On October 22, 2007, Code Enforcement Division staff inspected the property and did notidentify any municipal code violations. The banquet facility has operated as approved, and the City has not received any complaints about the facility; Therefore, staff recommends that the conditional use permit be reinstated with no 6me limitation. Respectfully/s~/u~bmitted, Co curred by, Principal PI7/anner Panning ervices Manager Attachments: ,~ 1. Letter of Request 2. Draft Resolution 3. Prior Resolution The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 4, Site Photographs 5: Planning Commission Staff Report (June 1, 2005) 6. Planning Commission Minutes (June I, 2005) ATTACl-IMENT N0. 3 „~ "- ~ -' 175 W. Cerritos Ave. Anaheim Ca. 92805 714-497-6807 714-497-6804 Fax 991-9880 September 24, 2007 To whom it may concern; The PLACE BANQUET HALL is a facility where we host birthday parties, weddings, reunions, end sweet sixteen. In the past two years we as a business have dedicated to keep our facility and our services to today's demands. We demand the best of ourselves to create a memorable experience on each event we host. We provide a clean safe, and affordable location for our friends and family. We The Place Banquet ITaII would like to request an extension on our C.U.P. and would also like to request a deletion on condidoa number one of our C.U.P. which states "this condition shall expire in two yeaFS". In conclusion, we are happy to tell you that we are being recommended today more then ever before. We always took forwazd to be the best at what we do. We thank you in advance for your cooperation. www.theplacebanquethall.com [DRAIFT] ATTACHMENT NO.2 RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2005-04981 (TRACKING NO. CUP2007-05263), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005-87, ADOPTED THEREWITH (175 WEST CERRITOS AVENUE) WHEREAS, on June 1, 2005, the Anaheim Planning Commission adopted Resolution No. PC2005-87 in connection with Conditional Use Permit No. 2005-04981 to permit a banquet hall with the on-premises sales and consumption of alcoholic beverages with waiver of minimum number of parking spaces located at 175 West Cerritos Avenue; and WHEREAS, said Resolution No. PC2005-87 includes the following condition pf approval: "1. That this conditional use permit shall expire two (2) years from the date of this resolution, on June 1, 2007." WHEREAS, this property is currently developed with a banquet hall with the on- premises sales and consumption pf alcoholic beverages, the underlying zoning is C-G (SABC) (General Commercial, South Anaheim Boulevard Corridor Overlay) .and the Anaheim General Plan: designates this property for General Commercial land uses; and WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain apreviously-approved banquet hall with the on-premises sales and consumption of alcoholic beverages and to remove the time limitation pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 26, 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 amendment and to`investigatt; 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 reinstatement of this permit and the modification or deletion of conditions of approval pertaining to a time limitation to retain apreviously-approved banquet hall with the on-premises sales and consumption of alcoholic beverages is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 (Alcoholic Beverage Sales and Recreation - Cpmmercial Indoor) and Section 18.60.180 (Reinstatement of atime-limited permit) of the Anaheim Municipal Code. -1- PC2007- 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the azea in which it is located because the use permit has been operated in substantially the same manner as originally approved by the Planning Commission. 3. That the Code Enforcement Division indicates that no complaints have been received regazding the operation of this business, the conditions of approval have been complied with and the property is being properly maintained. 4. That the facts necessary to support each and every required showing for the original approval of the entitlement exist. 5. 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. 6. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health and safety of the citizens of the City of Anaheim. 7. That *** indicated their presence at the public heazing in opposition; and that *** correspondence was received in opposition to the subject request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2005-04981 is adequate to serve as the required envizonmental documentation in connection with this request. .NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 2005- 04981 to permit a banquet hall with the on-premises sales and consumption of alcoholic beverages upon the following conditions which aze 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:. COA Responsible for Conditions of Approval Monitoring ` GE ,,5 u.~3rt{ by '~ rs ~ i r kl~-- L'~ v ..i4"" t rt Sr~Fi Pf +x1 "„~t ..?r~-!{4'r~lc g'.+.'~ ~ ~+ fnTivp i eEiF~"" Y~ ,. ~ ~-+~f.1"'e }r ..rte { °e' ~ ~` 1 ~ m r r ~ ~ ~' ~ M ( ` ' ~ x'~~~'t¢+~ v i ~ +. es`~ zr ~ reu f ~~ ., ..M L ~ %y~ x, ,~ !~ n k~r ee k ~i, 3¢ 4 ~,{, N,,~" ~c`^s oit§b~'.a'a ~~'J`,}~Y' fnia*_~t[~{~G~r G~i ~'S~"'T%~fr f~', ,.w . x...~~~~5~3'5'~„ L -U-r ~~.,~,' ~' M`~ y}~~x~;445 ,' .: COA 1 The property shall be permanently maintained in an orderly Planning fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. COA 2 Any tree and/or landscaping planted on-site shall be replaced Planning in a timely manner in the event that it is removed, damaged, diseased and/or dead. -2- PC2007- COA Responsible for Conditions of Approval Monitoring COA 3 No required pazking azea shall be fenced or otherwise enclosed Planning for outdoor storage uses. COA 4 The landscape planters shall be permanently maintained with Planning live and healthy plant materials. COA 5 An Emergency Listing Cazd, Form ADP-281 shall be Police completed and submitted in a completed form to the Anaheim Police Department. In addition, the operator. shall provide the Community Services Division with a contact name and phone number in the event a complaint is received. COA 6 At all times during assembly, security measures provided shall Police be adequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. The security measures implemented for each event, including the number of security guazds shall be subject to review and approval by the Police Department... COA 7 ' Any and all security officers provided shall comply with all Police State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. COA 8 The doors shall remain closed but unlocked at all times that Planning entertainment is permitted, except during times of entry or exit, emergencies and deliveries. COA 9 No minor under the age of sixteen (16) yeazs shall be allowed, Police unless accompanied by a pazent or guazdian. COA 10 The floor space provided for dancing shall be free of any Planning furniture or partitions and maintained in a smooth and safe condition.. COA 11 No "happy hour" type of reduced price alcoholic beverage Police promotion shall be. permitted. -3- PC2007- COA Responsible for Conditions of Approval Monitoring COA 12 There shall be no admission fee, cover chazge nor minimum Planning, purchase required for admittance. COA 13 The applicant(s) shall ensure that on-site security police the Police area under their control in an effort to prevent the loitering of persons .about the premises. COA 14 The applicant shall not shaze any profits, or pay any Police percentage or commission to a promoter or any other person, based upon monies collected as a door chazge, cover chazge, or any other form of admission chazge, including minimum drink orders, or the sale of drinks. COA 15 The hours of operation shall be limited to 5 p.m. to 12 a.m. Planning (midnight) Friday through Sunday. COA 16 If an Alcoholic Beverage License is applied for, the applicant Planning shall comply with all ABC (Alcoholic Beverage Control) requirements. COA 17 ' Subject property shall be developed and maintained Planning 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.l and 2 and as conditioned herein. COA 18 That timing for compliance with conditions of approval may Planning 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 towazd establishment of the use or approved development. COA 19 That extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. COA 20 That approval of this application constitutes approval of the Planning 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 a royal of the -4- PC2007- COA Responsible for Conditions of Approval Monitoring request regazding 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 far paying all charges related to the processing of this discretionazy case application within 15 days of the issuance of the final invoice. Failure to pay all chazges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 26, 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, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed .and adopted at a meeting of the Anaheim Planning Commission held on November 26, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: -5- PC2007- IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2007- ATTACHMENT NO: 3 RESOLUTION NO. PC2005-87 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION " ` THAT PETITION FOR CONDITIONAL USE PERMIT N0.2005-04981 13E GRANTED WHEREAS, the Anaheim Planning Commission did receive a verged Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orenge, State of California, described as PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 131, PAGES 1 AND 2 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL WATER RIGHTS, CLAIMS OR TITLE TO WATER,. WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL NO: 200434-1 IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 771 150, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 6, 1998 AS INSTRUMENT NO. 19980511583 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 1, 2005, at 2:OOp:m:, notice of said' public hearing having been duly given as required by law end In accordance with the provisions of the Anaheim Municipal Code, Chapter 18.80 "Procedures°, to hear and cdnsider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, Bald Commission, after due inspection, investigation and study made by itself and fn its behalf, and after due consideration of ell evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use is properly one for which a conditional use permit (s authorized by Anaheim Municipal Code Section18.08.030.1)40.0402 to permit a banquet hall with the on-premises sales and consumption of alcoholic beverages with waiver of the following: SECTIONS 18.42.040. AND 18.08.070 Minimum number of parking spaces. 7(_20 required; 494 exis8ng and proposed and recommended by the Traffic and Transportation Manager) 2. That the parking study indicates that peak parking demand for off-street parking spaces Is substantially lower than the quantity provided for the uses on the site. 3. That the proposed project will not increase or compete for on-street parking because its parking lot has more than adequate parking to accommodate both the canter and the proposed banquet facility's peak parking demands. 4. That the parking study Indicates the business campus parking lot is physically separated. from other adjacent development. Furthermore, there is no reason to encroach Into other parking facilities because the campus's parking lot.provides ample parking as indicated In the parking analysis. , 5. That the project will not cause Increased traffic congestion within off-street parking areas of the site because, based on the applicant's parking study, the supply of parking spaces is almost double the anticipated project peak parking demand. Cr\PC2005-087 -1- PC2005-87 6. That the business pmpus is physically separated from the adjacent private properties.. Therefore, there will be no impeding of the Uafflc access Into or out of adjacent parking lots. 7. That the banquet hail with on-premises sales and consumption of elcoholle beverages as conditioned:herein and with the operetlohal restrictions stipulated by the applicant including security, adequate lighting and compliance with State alcoholic beverage regulations will not adversely affect the adjoining land uses or the growth and development of the area ih which it is proposed to be Ideated; 8. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use In a manner not detrimental to the particular area or to the health end safety provided that security is employed to deter any unlawful conduct and to prevent disturbance to adjacent land uses; 9. That the Vaffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and'improved td carry the irafftc7n the area; and 19. 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. 11. That one person indicated tfieir presence at said public hearing in opposition pertaining to potential parking issues; 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 pennita banquet hall with bn-premises sales and consumption of alcoholic beverages with wavier of minimum number of parking spaces; and does hereby approve the Negative Declaratioh upon flhding that the declaration reflects the independent Judgment of the lead agency and that it has considered the Negative Declaration together with any comments received durthg the public review process and further finding an the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this conditional use permH shall expire two (2) years from the date of this resolution, on June 1, 2007. 2. That a valid business license shah be obtaihed from the City of Anaheim, Business License :Division. 3. That the property shall be pemtanehtly maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 4. That any tree and/or landscaping planted on-site shalibe replaced In a timey manner in the event that it is removed, damaged, diseased and/or dead. 5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 6. That any proposed roof-mounted equipmeht shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone. 7. That any required relocatioh of City electrical facllilles shall be at the property owner's expense. -2- PC2005-87 8. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Mahelm Public Utilkies :Department. 9. That final sign plans shall be submitted to the Planning Services Division for review and approval as to number, size, placement, design and materials. My decision by staff may be appealed to the - Planning Commission as a "Reports and Recommendations" item. 1 D. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material.. The numbers shall not be visible from the view of the street or adjacent properties.. Said Information shall be specifically shown on plans submitted for Police Department, Community Services Division approval 11. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so es not to be readily identifiable from adjacent streets. The wails of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for Streets and Sanitation Division approval, 12. That the project shall provide for truck deliveries on-site. Such Infomtation shall be specifically shown on plans submitted for Planning Services Division approval 13. That adequate lighting of parking lots, driveways, circulation areas, aisles, passageways; recesses and grounds contiguous to huildings shall be provided with lighting of sufficient wattage to provide adequate illuminaticn to make clearly visible the presence of any person an or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-siie. Said lighting shall be decoretive and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 14. That an Emergency Listing Card,. Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department. In addition, the operator shall provide the Community. Services Division with a contact Hama and phone number in the event a complaint is received. 15. That the permitted events and activflles shall not create sound levels which violate any ordinance of the Ctty of Mahelm. 16. That at all times during assembly, security measures provided shall be adequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assemblyand .movement of persons and vehicles, or to prevent disturbance of the nelghbofiood by excessive noise created by patrons entering or leaving the premises. The security measures implemented for each event, including the number of security guards shall be subject to review and approval by the Police Department. 17. That any and alt security officers provided shall comply with all State and Local ordinances regulating their services, incuding, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. 18. That the sale of alcoholic beverages for consumption off the premises shall be prohibited. 19. That the number of persons attending the event shall not exceed the maximum occupancy load as determined by the Mahelm Fire Department, Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. -3- PC2005-87 20. That the doors shall remain closed but unlocked at all times that entertainment is permitted, except during times of entry or exR, emergencies and deliveries. 21. That all employees shall be clothed In such a way as to not expose "specified anatomical areas' as described In Section 7.16.060 of the Anaheim Municipal Code. 22. That no minor under the age of sixteen (16) years shall be allowed, unless accompanied by a parent or guardian. 23. That the business shall not 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 otherprofit-sharing plan, scheme or conspiracy. 24. That there shall be at least one meal of a substantial nature in conjunction with an event as described in Section 4.16.050.030 of the Anaheim Municipal Code.. 25. That the Floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe cendi8on. 26. That there shall be no amusement machines, video game devices, or pool tables maintained upon the premises. 27. That no "happy hour" type of reduced price alcoholic beverage promotion shall be permitted.. 28. That no alcoholic beverages shall be consumed on any properly adjacent to the Licensed premises under the control of the licensee(s). 29. That there shall be no admission fee, cover charge nor minimum purchase required foradmittance. 30. That the applicent(s) shall ensure that on-site security police the area under their control In an effort to prevent the loitering of persons about the premises. 31. That the applicant shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 32. That the hours of operation shall be limited to 5 p.m. to 12 a:m. (midnight) Friday through Sunday, 33. That if a Type 47 Alcoholic Beverage License is applied for, the applicant shall comply with the ABC (Alcoholic Beverage Control) requirements precedent to obtaining said license, including but not limited to installation of mandatory kitchen facilities. Such information shall be specifically shown on plans for Planning Services Division approval 34. That subject property shall ba developed and maintained 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 F~rhibit Nos.1 and 2 and as condl8oned herein. 35. That prior to the commencement of this activity or the issuance of building permits, whichever occurs first, Condition Nos. 2, 8, 8, 9, 10, 11, 12, 13, 14, 33 and 34, above mentioned, shall be compiled with. F~densions for further time to complete said conditions may be granted in accordance with Section . 18.60.170 of the Anaheim Municipal Code. 36. That this use shall not operate as a public dance hall as defined in the Anaheim Municipal Code unless the applicant obtains the appropriate permits from the City of Anaheim. -4- PC2005-87 BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applfcanPs compliance with each and all of the conditions herelnabove set forth. Should any such condition, ar any part thereof, be declared invalid or unenforceable by the final Judgment of any court of competent judsdictfon, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commissicn meeting of June 1, 2005. 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 maybe replaced by a City Council Resolution In the event of an appeal. (ORIGINAL SIGNED 8Y GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED 8Y ELEANOR MORRIS) 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 June 1, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: IN WITNESS WHEF 2005. BUFFA, EASTMAN, KARAKI, PEREZ, VELASOUEZ `NONE FLORES ONE VACANCY EOF, I have hereunto set my hand this day of fOR1G1NAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2005-87 Item No. 5 n I 0 4.55.42 o )yLt 8 LL 665 13 O ... LUP 55 1 15 56 m VPR ifi ] µ0L 66.6'IC.e2 5 - LLfi4 R s ~ I I LP0. V GUP 5566 P z RCL 54-55.42 ` p5pLE0. 0. 621 V m m ` iND. VP V A SM P µ5 z FIR SPRL1 > 1l n sASC ,-A RCLb66T•14 c nr 9 o RCLSS55-1B - G > RCL50.5S42 ~3 n3 aai lgc~O~ O P 304! ° MP Mi5 Z ' NP3445 m LUP 1T4 =3c F1R 3 a VAR 1Q] LLEGE EdIC/UION z°c RCL 54-55-42 SERVICES a= >e ) A2 3v1ALL IND. IR S _ 1(SABC SMALLI~ µG454~tN0. SM F M .. 116ABLI . M K10. MS 1 11SPHC) ~t 6~]e RR S I RCL 54-95-42 fLL 6a-fist3 i yp~{c~ WMM SHOP ® ~ a 1 ( PALAIS RD t ~ no ~ ai 6~ I ~ y z qq~CC L~81~-1402 (VCAR 162] b4 S 2 ~ ~ B ~ ~`~ m ~ IISA~ i L - Q1PI1t30 VAR aBBB _ -_ ACL 6 4 (OI P 3 4] ~ d1P 200404895 CI& 3864 T-CUP ~,. ~7 TT.C~p qS 075 g2p02 ~5' L " ~ ~ ~ BIAIQ: AllECSTREET _ - BUSII~SSCENIER I US]RIA 2118304802 BULdNG .._-__, ., -T WP2000 ' r= 422 ~..,,:w;, ->ClIP3598 F v ^!, I I I t SMALL IND: FIRMS'. (South Anaheim B LG(fiA6L) T-Q/P 2001-04421 RCL2000-00023 TWP2 m /-04 3 3 D 8 8 e 4 (Rm dl9t b 6 A BC Z p~ mm 1~ T-Q1P 2001-04302. pP~~ ' T-QJP 2®1-04300 O~ RCL Bt-25 RCL866]-3B T-LUP200104290 _. RCL 8601-113 T-LLP 200004230 m P 20BB542B5 90.e„< T.dI d RCL 6SSSIB dIP 9B1] RLL 69.6543 d1P ~~ CUP200]-OS•250 CLIP 38fi5 T-dJP2m005t6B (.0 Q1P3B06 T-CUP2IXC104165 ~P~~ T-QIP20~0 7 P T-Q1P 200204532 C ypR 1r>17 CUP 2001-09439 pp.(Br-1i m AN41$JMMAIi1a:TPIACE ~ 0D[IOR SWAP MEET ~ cc (BABLI a u~3 ar3oer i s L ® ~ ¢¢ {{ ~~ ~ !LLludT It ¢PP',Yt] Q iCL®Et-113 vul ]atn ~E ~i-ssai ve616n RESTAURfWT CERRITOS AVENUE Conditional Use Permit No. 3598 (Tracking No. CUP2007-05262) Requested By: JOHN BONN 270 East Palais Road RLL fi0-5fi-42 QIP 1]BB 116ABC1 ~m~~~ I RCL 86-67-ifi RLL 60.67-1 t3 ® IND. FIRM IND. i 6.___,~~3: Subject Property Date: November 26, 2007 Scale: 1 " = 250' Q.S. No. 96 ~o4ii g~ ~, Subject Property Date: Noveml~r 26, 2007 Scale: 1"= 250' Q:S. No. 96 270 East Palais Road ~na>> I'~E1~1[ lal®. 5 PL G C®~SSg®l~t AGENDA REP®R1' 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92605 Tel: (714) 765.5139 Fax: {714) 765-.5260 www.anaheim.net. City of Anaheim I'I,A,NNING I3EPAIZTMENT ~ AT L' : N®Y L` 1W1 U ER 26, 2 ® 07 e . . pq ,,.~ ,,~~ y d`RQ1Y1: ~+ ~~ q,~ ~~ ~A~T ~ r ~+ ~ ~ g PLANNING SERVICES 1~A~i1VAGER~~ SUBJECT: CONDITIONAL ITSE PERiVYIT N®.3598 (TRACKING NO CUP2007-05262)` LOCATION: 270 East Palais Road APPLICANT/PROPERTX~WNER: The applicant is John Bohn and the property owner is Bradmore Realty Investment Company, Ltd. REQUEST: The applicant requests approval to reinstate a conditional use permit to retain'apyeviously-approved private school in conjunction with an existing'church and to remove a condition of approval pertaining to a time limitation. RECONIIIIENDATION: Staff recommends that the Commission take the following .actions: (a) By motion, detemune that the previously-approved Negative Declaza6on serve as the appropriate environmental documentation. (b) By resolution, approve an amendment to Condifional Use Permit No. 3598 to delete the time limitation. BACKGRQUIlTD: This property is developed with the Calvary Chapel Anaheim Church. It is located within the Industrial (SABC) (I, South Anaheim Boulevazd Corridor Overlay) zone. The General Plan designates this property and adjacent properties to the west and south for General Commercial land uses and properties to the north and east for Industrial land uses.. In 1993, the Zoning Administrator approved Conditional Use Permit No. 3598 to permit a preschool and elementary school in conjunction with an existing church, with no time limitation. In 1997, the Planning Commission approved an amendment to the permit to expand the school and increase the enrollment. The Commission also added a condition of approval establishing a 2002 expiration date. In 2000, the Planning Commission approved an amendment to the permit to add 5 modulaz classrooms and extend the permit's expiration date to July 3, 2007. PROPOSAL: The applicant requests that the conditional use permit be reinstated with no time limitation as the school has been operating in conformance with all conditions of approval pertaining to the permit. CONDITIONAL USE PERMIT NO. 359 November 26, 2007 Page 2 of 2 AIVr~L,i'SIS: There are no outstanding complaints pertaining to,this property. The last complaint filed with the Code Enforcement Division was in 2002 pertaining to ' the maintenance of the property. On October 18, 2007, Code Enforcement staff inspected the property and did not identify any municipal code violations. The time limitation was placed on the pemut because of concerns with the viability of the long term use of the modular classrooms.' The school has operated as approved, and the City has not received any complaints about the school or the use of the modular buildings. Therefore, staff recommends that the conditional use permit be reinstated with no time limitation. Respectfully submitted, Con un-ed by,- ~- ~rn~ ~~insd-- C Principal Planner B1 g ervices Manager // Attachments:.. 1. Letter of Request 2. Draft Resolution 3. Prior Resolution.. The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall.. 4. Site Photographs 5. Planning Commission Staff Report (July 3, 2000) 6. Planning Commission Minutes (July 3, 2000) ATTACHMENT NO. 1 PETITIONER'S STATEMiENT JUSTIFICATION FOR REIPdSTATENfENT Section 1B.6D.160 of the Anaheim Municipal Code requires that requests for reinstatemeritsor renewals of a time- limited permit shall be made in writing no later than six (6) months after fhe expiration date of the permit sought to be reinstated or renewed and must be accompanied by an application form and the required filing fee. 1. In order to reinstate or renew a permit, the facts necessary to support each and every finding for the original approval of the entitlement as set forlhin the following excerpts from the Anaheim Zoning Code still exist: 18.66:060 (Relative to Conditional Use Permits) Before the approval authority, or Ctty Council on appeal, may approve a conditional use permit, Il must make a finding of fact, by resolution; that the evidence presented shows that all of the following conditions is required:......... .031 Thai the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection ,030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); .032 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 Ideated; .033 Tha[ the size and shape of the site proposed for the use is adequate to allow the Full development a( the proposed use in a manner not detrimental to the particular area or to health and safety, ..034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and .improved to carry the traffic in the area; and :035 That the granting of. the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim, 18.74.060 (Relative to Variances) Before any variance may be granted by the approval authority, or City'Counc6 on appeal, it shall be shown: 02D1 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; .0202 That, because of special circumstances shown in .D201, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in 4he vicinity. 2. Said pehnit or varlande is being exercised substantially fn the same manner and in conformance wtth all conditlohe and stipulations originally approved; 3. Said permit or vadahce is Geing exercised in a manher not detrimehtal to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; end d. W Ilh regard only to any deletlon of a time limitation, such deletion Is appropriate because R has been demonstrated that the use has operated in a manner that is appropriate In the underlying zone and the surounding area and that the periodic review of the use in no longer necessary andlor that it can ba determined that, due to changed cirwmslances, the use is donsistent vrith the City's long-term plans for the area In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the Following questions fully and as complete as possible. Attach addttlonal sheets if additionai_space is needed. L Has any physical aspect of the property For which this use permit or variance been granted changed significantly since the issuance of this use permit or variance9 Yes ^ No (over} CASE NO. CONDITIONAL U5E PERRAIT ~0.~~'1® 2. Have the land uses In the immediate vicinity changed since the issuance c! this use permit or variance? Yes ~] No Explain: 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? YesONo® 4. Are the conditions of approval pertaining to the use permit or variance being complied wtth~ Fmlaim 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? ve~f571 r.i,. I-1 The applicant for this request is: ~ Property pwner QAuthorized Agent T~~ ~ Sohn Name of Property O.vner or Authorized Agent (Please Print) NEXT MEETING NOV 2 6 2007 CITY PLANNING COMMISSION ~- ignature of Prz~?~ ty Owner or Authorized Agent ~` ,~ ~D0 7 Date Relnstatemenl app6cat(on.dx Revised 9/131D4 721 Santa Monica Boulevard, Santa Monica, California, 90401 Telephone 310-393-9688 ~ Facsimile 310-393-6065 August 10, 2007 David See, Associate Planner City of Anaheim Planning Department 200 South Anaheim Boulevard Anaheim, CA 92805 Re: CUP #3407 Mr. See, This request as of August 10, 2007, is made to the City of Anaheim from David O. Bohn, Vice President of Equity Associates, Inc. which is a General Partner of Bradmore Realty Investment Company, Ltd., the owner of said property for the expressed purpose of retaining in perpetuity the existing project CUP #3407 for the property located at 270 East Palais Road, Anaheim, CA 92805. Sincerely, Bradmore Realty Investment Company, Ltd. David O. Bohn, Vice President cc: Pastor Bill Hoganson Calvary Chapel Anaheim 270 East Palais Road Anaheim, CA 92805 LETTER OF OPERATION FOR THE YEAR 2007 Calvary Chapel Anaheim Church and School Church operating hours, number of employees, volunteers, and members are projected as follows: Church O oration # Of # Of Volunteers 1 Days T e of O oration Em to ees Members O eratin Hours Sunday Morning Services 6 55 / 800 8:30 a.m. to 12:00 noon Church Office Hours 1 2 12:00 noon to 6:00 p.m. Evenin Service 2 3 / 35 6:00 .m. to 8:00 .m. Monday Church Office Hours 3 1 9:00 a.m. to 5:00 p.m. Youn Adults Bible Stud 2 / 10 7:00 .m. to 9:30 .m. Tuesday Church Office Hours 5 9:00 a.m. to 5:00 p.m. Ladies Ministry Groups 2 / 30 10:00 a.m. to 12:00 noon Choir Rehearsal 2 1 / 30 7:00 .m. to 9:00 .m. Wednesday Church Office Hours 3 9:00 a.m. to 5:00 p:m. Youth Groups - Jr,ISr. High 1 6 / 50 7:00 p.m. tc 9:30 p:m. Eve. Service & Fellowshi 3 16 / 200 7:00 .m. to 9:30 .m. Thursday Church OfFlce Hours 1 9:00 a.m. to 5:00 p.m. Men's Prayer Meeting 1 5 7:30 p.m. to 9:00 p:m. Worshl .Band Rehearsal 1 6 7:30 .m. to 9:00 .m._ .. Friday Church Office Hours 2 9:00 a.m. to 5:00 p.m. Famil Ni hts 1 S ec Events 8 / 50 6:30 .m. to 9:30 .m. Saturday Women's Study and Share 1 / 15 10:00 a.m. to 12:00 noon Church Office Hours 1 1:00 p.m. to 6:30 p.m. Evenin Service 1 10 / 100 6:30 .m. to 8:30 .m. Elementary School !Daycare and Preschool operating hours and number of employees are as follows: SchoolO oration #Of #Of Days T e of O oration Em to ees Students O eratin Hours Monday Pre-School 10 40 7:00 a:m. tc 6:00 p.m. through Elementary School 16 200 8:30 a.m. to 3:00 p.m. Friday Elementary School Daycare 5 1 Op hl 7:00 a.m. to 8:30 a.m. ix 3:00 .m. to 6:00 .m. t'~ Includes a percentage of the 200 Elementary Schodl, not additive. Largest number of employees, volunteers, parishioners, and vehicles for any one day of the week occurs on Sunday mornings from 8:00 a.m. to 1:00 p.m. ~~ ~ ~~~~~s~~ Nov o r 200 INTER DFPARTMEt~TAL COMMITTEE CONpITIONAI USE PERAAIT NO ~'~'I (DRAFT] ATTACHMENT NO.2 RESOLUTION NO. PC2007- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING ... AND APPROVING CONDITIONAL USE PERMIT NO. 3598 (TRACKING NO. CUP2007-05262); AND AMENDING CONDITIONS OF APPROVAL OP RESOLUTION NO. PC2000-87, ADOPTED THEREWITH (270 EAST PALMS ROAD -CALVARY CHAPEL ANAHEIM} WHEREAS, on May 6, 1991, the Anaheim Planning Commission adopted Resolution No. PC91-61 in connection with Conditional Use Permit No. 3407 to permit a 20,000 squaze foot church facility in an existing industrial building with waiver of minimum number of parking spaces located at 270 East Palais Road; and WHEREAS, on Apri129; 1993, the Zoning Administrator adopted Decision No. ZA93- 30 in connection with Conditional Use Permit No. 3598 to permit a preschool and elementary school in conjunction with an existing church facility with waiver of minimum pazking spaces .and permitted outdoor uses; and WHEREAS on July 21; 1997, the Anaheim Planning Commission adopted Resolution No. PC97-93 in connection with Conditional Use Pemvt No. 3598 to amend/delete a condition of approval to increase the maximum enrollment from 123 to 220 students and to permit the 10,000 square foot expansion of an existing preschool and elementary school within an existing industrial building in conjunction with an existing church; and WHEREAS, on July 3, 2000, the Anaheim Planning Commission, by Resolution No. PC2000-87, amended Conditional Use Permit No. 3598 to expand an existing private school including the addition of modular classroom buildings in conjunction with an existing church at 270 East Palais Road; and WHEREAS, said Resolution No. PC2000-87 includes the following conditions of approval: " 3. That approval for the five (5) modulaz classroom buildings shall expire seven (7) years from the date of this resolution, on July 3, 2007. 20. That the use granted under Conditional Use Permit No. 3598, including this expansion in enrollment, is hereby granted for a period of seven (7) yeazs, to expire on July 3; 2007." WHEREAS, this property is currently developed with a church and accessory preschool and elementary school, the underlying zoning is I (SABC) (Industrial, South Anaheim Boulevazd Corridor Overlay) and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain apreviously-approved private school in conjunction with an existing church and to remove the time limitation pursuant to Code Section 18.60 of the Anaheim Municipal Code; and -1- PC2007- WHEREAS, the Planning Commission did hold a public heazing at the Civic Center in the City of Anaheim on November 26, 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 amendment and to investigate and make findings and recommendations in connection therewith; and., . WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said heazing, does find and determine the following facts: L -That the proposed reinstatement of this permit and the deletion of conditions of approval pertaining to a time limitation to retain apreviously-approved private school in conjunction with an existing church is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 (Community .and Religious Assembly) and Section 18.60.180 (Reinstatement of atime-limited permit) of the Anaheim Municipal Code. 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the azea in which it is located because the use permit has been operated in substantially the same manner as originally approved by the Planning Commission: 3. That the Code Enforcement Division indicates that no complaints have been received regazding the operation of this business, the conditions of approval have been complied with and the property is being properly maintained. 4. That the facts necessary to support each and every required showing foY the original approval of the entitlement exist.... 5. 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 azea. 6. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health and safety of the citizens of the City of Anaheim. 7. That *** indicated their presence at the public heazing in opposition; and that *** correspondence was received in opposition to the subject request, CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declazation previously approved in connection with Conditional Use Permit No. 3598 is .adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 3598 to permit a private school in conjunction with an existing church upon the following conditions which aze hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfaze of the Citizens of the City of Anaheim: -2- PC2007- C®A Responsible for Conditions of Approval 1Vlonitoring `m 3 £ 3 k ' i I ~Y.~T~ ~ („ %i~2~'u ~tj~~ L.R`~~u'1".h ~N~ ~ k~ t X?v4'` Gz~*~ +v`X y'".' ~`}~$'k.~ S d= +.1. S i'l" ~G"xQ.iB^t,5'f ; y-0~~~ta' ~"7"t'#6..,-~ro~4~ `2 ~' H ~' z~,~i,,,~~..~ fz'u`c t~c~"~ `~k f ~r° +* ~ ~^ 'w ~ ~ ~~`` ~~~" ~ ~~5' sC~ 't£. 5 ~.3~ ~ .$'t~^v '~` J N ~ c u5`~ ~ . ~} ,.~ ' X ~ - % ear Y M ~s+.h~ ~<a ~ r vw ," ~ ~ ,~4 i. `::~'~,"i ,:" ~~ COA 1 This private school operation is limited to a maximum of 340 Planning (40 preschool, 200 elementary school and 100 high school) students on-site and any time. COA 2 As stipulated by the applicant, the hours of operation for the Planning school and extended day caze (for in-site) students shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday, Changes to these hours shall be reviewed by the Planning. Commission as a Reports and Recommendations item.. COA 3 As stipulated by the applicant, the hours of operation for the Planning church facility shall be limited to 8:30 a.m. to 9:30 p.m. seven days a week. Changes to these hours shall be reviewed by the Planning Commission as a Reports and Recommendations item. COA 4 The landscape planters shall be permanently maintained with Planning live and healthy plant materials. COA 5 Based on the church and or school'activities actually Planning underway at any given time, the minimum required number of pazking spaces for such uses shall be fully accessible and usable. For example, the rolling gate to the enclosed playground shall be open allowing use of the parking spaces therein when the cumulative parking demand for the various activities underway exceeds the number of pazking spaces outside the enclosed playground. There shall be no children playing in the playground when the playground is being used for pazking. COA 6 The subject property shall be developed substantially in Planning accordance with plans .and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Department marked Revision 3 of Exhibit. No. 1 (CUP Tracking No. 2000-04228), Revision 1 of Exhibit No. 2 (CUP No. 3598), Exhibit No. 3 (CUP No. 3598), Exhibit No. 4 (CUP Tracking No. 2000-04228) and Exhibit No. 5 (CUP Tracking No. 2000-04228) and as conditioned herein. -3- PC2007- COA Conditions of Approval Responsible for Monitoring COA 7 Approval of this application constitutes approval of the ' Planning 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 regazding 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 declazed 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 chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all chazges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 26, 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, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 26, 2007, by the following vote of the members thereof: -4- PC2007- AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007- ATTACHMENT NO. 3 RESOLUTION NO. PC2000-87 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NOS. PC91-61 AND PC97-93 AND ZONING ADMINISTRATOR DECISION NO. ZA93-30, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0.3598 FOR SEVEN (7) YEARS, TO EXPIRE JULY 3, 2007 (CUP TRACKING NO. 2000-04228) WHEREAS, on May 6, 1991, the Anaheim Planning Commission adopted Resolution No. PC91-61 in conhection with Conditional Use Permit No, 3407 to permit a 20,000 s.f. church facility in an existing Industrial. building with waiver of minimum number of park(ng spaces located at 270 .East Palais Road -Calvary Chapel; WHEREAS, on April 29, 1993, the Zoning Administrator adopted Decision No. ZA93-30 in connection with Conditional Use Permit No. 3598 to permit apre-school and elementary school in conjunction with an existing church facility with waiver of minimum parking spaces and permitted outdoor uses. WHEREAS, on July 21, 1997, the Anaheim Planning Commission adopted Resolution No. PC97-93 in connection with Conditional Use Permit 3598 to amend/delete a condition of approval to increase the maximum enrollment from 123 to 220 students and to permit the 10,000 s.f, expansion of an existing pre-school and elementary school within an existing industrial building in conjunction with an existing church. WHEREAS, the petitioner has requested to expand an existing private school including the addition of modular classroom buildings in conjunction with an existing church facility under authority of Code Section Nos. 18.03.030.010, 18.61.050.140, and 18.61.050.350... WHEREAS, the City Planning Commission did hold a public hearing. al the Civic Center In the City of Anaheim on Juty 3, 2000, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, and that said use is not listed therein as being a permitted use. 2. That the proposed use will not adversely affect the adjoining land uses antl the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particularerea nor to the peace, health, safety, and general welfare. 4. That the traffic generated by the proposed use will not impose ah undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the conditional use permit under the conditions imposed, ifany, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Ahaheim. CR4002PK.doc -1- PC2000-87 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGi The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemption-Class 32 (In-fill Development Projects), as defined in the State EIR Guidelines and is therefore, categorically exempt from the requirement to prepare an EIR. BE IT FURTHER RESOLVED that the Planning Commission does herebyapprove tracking number Cohdiiionai Use Permit No. 2000-04228; amend Planning Commission Resolution Nos. PC91-61 and PC97-93, and Zoning Administrator Decision No. ZA 93-3D, in their entirety; and replace them with a new resolution which includes the following conditions of approval: L' That the owner of the subject propertyshaii submit a letter requesting terminatiodof Conditional Use Permit No. 3499 (td permit an auto leasing facility with 6,000 square feet of auto repair and outdoor storage of 144 vehicles) to the Zoning Division. 2. That the existing razor (barbed) wire along the north, east, and south property lines shall be removed. 3. That approval for the five (5) modular classroom buildings shall expire seven (7) years from the date of this resolution, do July 3, 2007. 4. That this private school operation is limited to a maximum of 340 (40 preschool, 200 elementary and 100 high school) students on-site at any time. 5. That as stipulated by the petitioner, the hours of operatibn for the school and extended day care (for on-site students) shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday. Changes to these flours shall be revlewedand approved by the Planning Commission as a Reports and Recommendations item. ' 6. That as stipulated by the petitioner, the hours of operation for the church facility shall be 1(mited td 8:30 a.m. to 9:30 p.m. seven days a weak. Changes to these hours shall be reviewed and approved by the Planning Commission as a Reports and Recommendations Item. 7. That all existing and proposed roof-mounted equipment shall be screened from view of the public rights-of-way and surrounding properties in compliance with Section 18.61.030.100 of the Anaheim Municipal Code. Said Information shall be specifically shown on plans submitted for building pemlits, ti. That the property shall be permanenfly maintained in an orderly fashion by providing regular landscape maintenance; rembval of trash or debris,`end removal of graffiti within twenty-four (24) hours from time of occurrence. 9. That any tree planted oh-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased andldr dead, 10. That the landscape plantersshall be permanen8y maintained with live and healthy plant materials. 1 L That three (3) foot high address numbers shall be displayed on the flat area of the church binding roof in a contrasting color to the roof material, provided the numbers shall not be visible from the view of the street or adJacent properties. Said information shall be specifically shown on plans submitted for building permits. -2- PC2000-87 12. That the proposal shall comply with all applicable signing requirements of Chapter 18.05 of the Anaheim Municipal Code unless a variance allowing sign waivers is approved by the Planning Commission. Any new signage shall be reviewed and approved by the Planning Commission as a Reports and Recommendations item... 13. 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 the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 14. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereuporcbe developed and maintained in conformance with said plans. 15. That trash storage areas shall be maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with approved plans on file with said Department. 16. That, based on the church and/or school activities actually underway at any given time, the minimum required number of parking spaces for such uses shall be fully, accessible and usable ('i.e., the rolling gate to the enclosed playground shall be open allowing use of the parking spaces therein when the cumulative parking demand for the var(ous activities underway exceeds the. number of parking spaces outside the enclosed playground). There shall be no children playing in the playground when the playground is being used far parking. 17. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the pefitioner and which plans are on file with the Planning Department marked Revisich 3 of Exhibit No. 1 (CUP Tracking No. 2000-04228), Revision 1 of Exhibit No. 2 (CUP No. 3598), Exhibit No. 3 (CUP No. 3598), Exhibit No. 4 (CUP Tracking No. 2000-04228) and Exhibit No. 5 (CUP Tracking No. 2000-04228), and as conditioned herein. 18. That prior to commencement of the activity authorized by this resolution or prior to Issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 7, 11 and 14, above-mentioned, shall be complied with. 19. That prior to final building and zoning inspections, Condition No. 17, above-mentioned, shall be complied with. 20. That the use granted under Conditional Use Permit No. 3598, including this expansion in enrollment, is hereby granted for a period of seven (7) years, to expire on July 3, 2007. 21. That approval of this application constitutes approval of the proposed .request only to the extent that it complies wish 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. -3- PC2000-87 THE FOREGOING RESOLUTION was adopted at the Plannin Commission meeting of Julys, 2000. 'Ori~inai aF~ned by John K CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Margarita Soloriol ` SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 3, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, (COOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE dN WITNESS WHEREOF, I have hereunto set my hand this day of 2000. !Original signed by Margarita Soloriol SECRETARY, ANAHEIM CITY PLANNING COMMISSION .q_ PC2000-87 i Item No. 6 Q N Conditional Use Permit No. 2007-05233 Requested By: MICHAEL KEENER 1045 South East Street "~ .` Subject Property Date: November 26, 2007 Scale: 1" = 250' Q.S. No. 95 ~aatz Conditional Use Permit No. 2007-05233 Requested By: MICHAEL KEENER 1045 South East Street Subjecfi Property Date: November 26, 2007 Scale: 1" = 250' Q.S. No. 95 ~oa~z 1["I"EI~ 1~1®. 6 PL G C®IISSg®I~l AGENHDA R]EP®gtT 200 S. Anaheim BWd, Suite #762 Anaheim, CA 92605 Tel: (774) 765-5139 Fax: (N 4) 765-.5260 www.anaheim.net City of Anaheim PLANNING I.)EPARTMEI~T IDaaE: rr®vElv~Ela 26, 2007 I•x®nR: ~LANrrrnr~ sExvacES iv~ANAC~~c SUBJECT: COPTIDITIONAL USE PERMIT N0.2007-05233 LOCATION: 1045 South East Street APPLICANT/PROPERTY OWNER: The applicant is Michael Keener and the property owner is GRE Anaheim Tech Company. REQUEST: The applicant proposes to establish a banquet and assembly hall, to include the consumption of alcoholic beverages,. for an automotive museum and events center.. RECOMIiRLNDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a Negative Declazation. (b} By resolution, approve Conditional Use Permit No. 2007-05233: " BACKGROUND: This property is developed with two industrial buildings. The property is located within the I (Industrial) zone. The General Plan designates this property for Industrial land uses. Industrial uses in the I zone aze located north, south, and west of the property. Single family homes in the RS-2 and RS-3 (Single Family Residential) zones aze located east of the property. PROPOSAL: The applicant proposes to establish a banquet and assembly hall in conjunction with an automotive museum and events center. The site plan indicates two industrial buildings on the property. The subject 132,672 squaze foot building is located at the reaz of the property and is occupied with: the 87,120 squaze foot automotive museum and a 45,552 square foot wazehouse. No modifications to the exterior of the building are proposed. The floor plan for the museum indicates a dining/assembly room, display room, staging room, restrooms, automobile storage area, and offices. The applicant's letter of operation states that occasional private events aze proposed for up to 250 guests per event. Some events will include the consumption of alcoholic beverages. All food service will be provided by a catering company; therefore, no kitchen is proposed on the premises. Days and hours of operation will vary depending on the type of event. The facility is not open to the public. 1 CONDITIONAL USE PERMIT N0.2007-05233 November 26, 2007 Page 2 of t AIVALI'SIS: A conditional use permit is being requested to establish an assembly hall in conjunction with an automotive museum, The Anaheim Police Department is not opposed to the consumption of alcoholic beverages for private events on the premises. Staff is supportive of this request because it complies with all development standards in the I zone and'would be compatible with adjacent land uses in the azea. Therefore, staff recommends approval of the requested conditional use permit. Respectfully/nsubmitted, Co uc ~~ ~//~RS'~ C I Principal Planner 1 ' d by,' ~~ 'Sernces Manager Attachments• T. Project Summary 2. Letter of Operation 3. Draft Resolution The following attachment was provided to the Planning Commission and is available for public review at the Planning. Services Division at City Hall. 4. Plans AT'TAC 1V1' 110. 1 P]2OJEC'I' 5 ~' Conditional iJse Permit No. 2007-05233 29evelo' ment'Stdndarr~ Pro osed ~ro'~ct Code Re uirements ~ ~ Site Area 13,5 acres N/A Buildine 1 Pazking 112,972 s.f. 1.55 spaces/1,000 s.f. Industrial uses 175 spaces required Buildine 2 Wazehouse 73,834 s.f. 1.55 spaces/1,000 s.f. Office 9,086 s.f. 4 spaces/1,000 s.f. Assembly 4,200 s.f. 29 spaces/1,000 s.f. Total s.f. - 87,120 321 spaces required Total no. of spaces provided Total no. of spaces required 497 49b ATTACHMENT NO.2 Astor Broadcast Group May 2, 2007 City of Anaheim Planning Department 200 South Anaheim Blvd. Anaheim, CA 92805 Re: Conditional Use Permit and Variance Application "Letter of Operation" Dear Sir or Madam: The Astor Classics Museum and Event Center is located at 1045 South East Street (sharing space with the studios and offices of Orange Broadcasting Corp.), 955 E. Ball Road and 951 E. Ball Road, Anaheim, CA 92805. a) Square footage is 85,353. This space houses the Museum and Event Center as well as the studios of KSPA/1510 AM Radio. b) There are adequate parlang spaces dedicated to the facility under the terms of the lease. Over the approximately 500 days of operation, we have conducted no more than 50 events. The average attendance per event has been approximately 200 to 250, with guests most usually arriving 2 or 3 to a car, and sometimes they are conveyed via bus. The events typically involve a meal which is catered. There is no cooking on site. c) Days and hours of operation vary based on the client needs. d) Number of employees per shift also varies depending on the size of each event. The office staff during normal business hours number 8-] 0 full-time employees and 3 part-time. e) Astor Classics Museum and Event Center is a miique facility. With the recent passing of Joe McPherson (Joe's Garage/Irvine) and Robert Peterson (Peterson Automotive Museum/LA), the Astor Classic Museum houses one 1045 South East Street, Anaheim, CA 92805:• Pfione: 714-502-9494 :• FAX: 714-502-9400 of the top 3 or 4 museums of its type in the country, and it contains the largest private collections in the world. This is a natural fit with the Anaheim Resort. It complements the City's desire to attract additional tourists and conventions to the area. We are working with Anaheim Visitors & Convention Center. Sincerely, ~~~ ~~~ N. Arthur Astor 1045 South East Street, Anaheim, CA 92805 :• Phone: 714-502-9494 •i FAX: 714-502-9400 [DRAFT] ATTACHMENT N0.3 RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05233 BE APPROVED, (1045 SOUTH 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: PARCEL A: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AND SHOWN IN THE LOT L1NE ADJUSTMENT NO. 456 RECORDED SEPTEMBER 26, 2000 AS INSTRUMENT N0.20000505937 OF SAID' ORANGE COUNTY, CALIFORNIA. PARCEL B: A NONEXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF LOT 22 OF THE ANAHEIM EXTENSION AS DESCRIBED IN A DEED RECORDED JULY 31, 1974 IN BOOK 11208, PAGE 1927: INSTRUMENT NO: 30464 OF OFFICIAL RECORDS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED IN BOOK 3, PAGE 164, ENTITLED "LOA ANGELES. COUNTY MAPS," IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY RIGHT-OF-WAY (100 FEET WIDE) WITH A LINE THAT IS PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 22 AND DISTANT 53 FEET NORTHEASTERLY THEREFROM MEASURED AT RIGHT-' ANGLES; THENCE NORTH 89°56'12" EAST, ALONG SAID PARALLEL LINE, 576.02 ' FEET TO THE TRUE POINT OF BEGINNING, BEING APOINT IN ANON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 53°42' 11", AN ARC LENGTH OF 16.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A'`' RADIUS OF 240.48 FEET THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 49°20'20" AN ARC DISTANCE OF 207.08 FEET; THENCE' NORTH 49'23'56" WEST TANGENT TO SAID CURVE, 94.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 255.00 FEET, THENCE NORTHERLY; ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30°00'00" AN ARC DISTANCE OF 151.32 FEET TO A POINT OF TANGENCY WITH A LINE THAT IS PARALLEL WITH SAID RAILROAD RIGHT- OF-WAY; THENCE NORTH 1S°23'56" WEST, ALONG SAID PARALLEL LINE, 605.70 FEET TO A LINE THAT BEARS NORTH 74°36'45" EAST FROM A POINT IN THE -1- PC2007- EASTERLY LINE OF SAID RAILROAD RIGHT-OF-WAY DISTANT NORTH 15°23'56" WEST THEREON 940.15 FEET FROM THE .SOUTHERLY LINE OF SAID LOT 22; THENCE NORTH 74°36'54" EAST. ALONG SAID LINE, 30.00 FEET; THENCE SOUTH - - -- 15°23'56" EAST, PARALLEL WITH SAID COURSE DESCRIBED ABOVE AS HAVING A LENGTH OF 605.70 FEET, A DISTANCE OF 605.70 FEET TO THE POINT OF ~ - TANGENCY WITH A CURVE THAT IS CONCENTRIC WITH THAT CERTAIN CURVE DESCRIBED ABOVE AS HAVING A RADIUS OF 255.00 FEET, SAID CONCENTRIC CURVE HAVING A RADIUS OF 225.00 FEET; THENCE SOUTHERLY, ALONG SAID CONCENTRIC CURVE, THROUGH A CENTRAL ANGLE OF 34°00'00", AN ARC- DISTANCE OF 133.52 FEET; THENCE SOUTH 49°23'56" EAST, TANGENT TO SAID CONCENTRIC CURVE AND PARALLEL WITH THAT COURSE DESCRIBED AS HAVING A LENGTH OF 94.06 FEET, A DISTANCE OF 94.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 325.25 FEET; THENCE SOUTHERLY ALONG SAID LAST MENTIONED. CURVE, THROUGH A CENTRAL ANGLE OF 44°38'42", AN ARC DISTANCE OF 253.44 FEET TO SAID LINE DESCRIBED ABOVE AS BEING PARALLEL WITH THE SOUTHERLY LINE OF LOT 22; THENCE SOUTH 89°56' 12" WEST, ALONG SAID PARALLEL LINE, 52.95 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: A NONEXCLUSIVE EASEMENT FOR UTILITY PURPOSES AS DESCRIBED IN THAT CERTAIN DOCUMENT ENTITLED "GRANT OF EASEMENT AND MAINTENANCE COVENANTS" RECORDED MAY 10, 2000 AS INSTRUMENT NO, 20000245680 OF OFFICIAL RECORDS OVER THAT PORTION OF THE FOLLOWING INGRESS AND EGRESS EASEMENT: A NONEXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF LOT 22 OF THE ANAHEIM EXTENSION AS DESCRIBED IN A DEED RECORDED NLY 31, 1974 IN BOOK 11208, PAGE 1927, INSTRUMENT N0.30464 OF OFFICIAL RECORDS; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED IN BOOK 3, PAGE 164, ENTITLED "LOS ANGELES COUNTY MAPS," IN THE OFFICE OF THE COUNTY' RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY RIGHT-OF-WAY (100 FEET WIDE) WITH A LINE THAT IS PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 22 AND DISTANT 53 FEET NORTHEASTERLY THEREFROM MEASURED AT RIGHT ANGLES; THENCE NORTH,89°56' 12" EAST, ALONG SAID PARALLEL LINE, 576.02 FEET TO THE. TRUE POINT OF BEGINNING, BEING APOINT IN ANON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE TO SAID PO1T BEARS SOUTH 53°42' 1 P' AN ARC LENGTH OF 16.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 240.48 FEET;. THENCE NORTHERLY, ALONG SAID CURVE, THOUGH A -2- PC2007- CENTRAL ANGLE OF 49°20'20" AN ARC DISTANCE OF' 207.08 FEET; THENCE NORTH 49°23`56 WEST TANGENT TO SAID CURVE, 94.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 255.00 FEET; THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30°00'00" AN ARC DISTANCE OF 151.32 FEET TO A POINT OF TANGENCY WITH A LINE THAT IS PARALLEL WITH SAID RAILROAD RIGHT OF-WAY THENCE NORTH 15°23'56" WEST, ALONG SAID PARALLEL LINE, 605:70 FEET TO A LINE THAT BEARS NORTH 74°36'45" EAST FROM A POINT IN THE EASTERLY LINE OF SAID RAILROAD RIGHT-OF-WAY DISTANT NORTH 15°23'56" WEST THEREON 940.15 FEET FROM. THE SOUTHERLY LINE OF SAID LOT 22; THENCE NORTH 74°36'54" EAST, ALONG SAID LINE, 30.00 FEET; THENCE SOUTH 15°23'56" EAST, PARALLEL WITH SAID COURSE DESCRIBED ABOVE AS HAVING A LENGTH OF 605.70 FEET, A DISTANCE OF 605.70 FEET TO THE POINT OF TANGENCY WITH A CURVE THAT IS CONCENTRIC WITH THAT CERTAIN CURVE DESCRIBED ABOVE AS HAVING A RADIUS OF 255.00 FEET, SAID CONCENTRIC CURVE HAVING A RADIUS OF 225.00 FEET; THENCE SOUTHERLY, ALONG SAID CONCENTRIC CURVE, THROUGH A CENTRAL ANGLE OF 34°00'00", AN ARC DISTANCE OF 133.52 FEET; THENCE SOUTH 49°23'56" EAST, TANGENT TO SAID CONCENTRIC CURVE AND PARALLEL WITH THAT COURSE DESCRIBED AS HAVING A LENGTH OF 94.06 FEET, A DISTANCE OF 94.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 325.25 FEET; THENCE SOUTHERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 44°38'42", AN ARC DISTANCE OF< 253.44 FEET TO SAID LINE DESCRIBED ABOVE AS BEING PARALLEL WITH THE SOUTHERLY LINE OF LOT 22; THENCE SOUTH 89°56' 12" WEST, ALONG SAID PARALLEL LINE, 52.95 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 15.00 FEET THEREOF. WHEREAS, the applicant has requested approval of a Conditional Use Permit to establish a banquet and assembly hall to include the consumption of alcoholic beverages for an automotive museum and events center pursuant to Code Section 18:60 of the Anaheim Municipal Code; and WHEREAS, the property is currently developed with two industrial buildings, the underlying zoning is I (Industrial) .and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 26, 2007, at 2:30 p.m., notice of said public heazing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and -3- 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 fmd and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18:10.030.010. 2. :That the proposed use is located adjacent to other industrial properties; offices,' and railroad tracks. All activities associated with the automobile museum will occur within. the building, therefore, the proposed use will not adversely affect the adjoining land uses, or the growth and development of the azea in which it is proposed to be located. 3. That the project complies with all developmenYstandazds in the I zone, including the required number. of pazking spaces; therefore, the size and shape of the site: proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to either the particulaz azea or to health and safety. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting of 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 and will provide a land use that is compatible with the surrounding area: 6. That *** indicated their presence at said public heazing in opposition; and that *** 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 Declazation upon finding that the declazation reflects the independent judgment of the lead agency and that it has considered the Negative Declazation 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 aze 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: -4- PC2007- &tesponsible C®A Conditions of Approval for Monitoring /f, y y ~p ~v/Ey4:}-zr3 ~'j-'c5 A.1 r+l `c'S' S' @'o'' .^'.3SV 5(4 ~v'~~y'~~ ~L~-'.rvi~''~3'+~' ~ ~.S~a""~35~`TSs~~+ }«.=6 y LY~., ~l //p~ ~ m ` ` 'f" .. 3...e:f.4.Fri, ~X~iF-`_~.3J"'Y~~^~~'h2YS~~~..:rt+:a5~~" '..g'd .m v".%'isJ% .,~'~-rs.`'4, ~~'.~~ V • ~'~'AJA YX~iI+r$•~w'~i'FC'.. Yi~ That plans submitted for building permits shall be prepared substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which COA 1 Plans aze on file with the Planning Department marked Exhibit Plannin Nos. 1 and 2. That a note shall be added to the construction g plans that prior to final building and zoning inspecfions, the subject property shall be developed in substantial accordance with the approved construction plans. An Emergency Listing Cazd, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim COA 2 Police Department. In addition, the operator shall provide the. Police Community Services Division with a contact name and phone number in the event a complaint is received. ~~~ The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the COA 3 licensed premises under any commission, percentage, salary, or Police other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act). The number of persons attending the event shall not exceed the maximum occupancy load as detemvned by the Anaheim Fire COA 4 Department. Signs indicating the occupant load shall be posted Police/Fire in a conspicuous place on an approved sign neaz the main exit(s) from the room(s). (Section 25.114(a) Uniform Fire Code). The business shall not be operated in such a way as to be COA 5 detrimental to the public health, safety or welfaze. (Section Police 4.16:100.010 Anaheim Municipal Code). All entertainers and employees shall be clothed in such a way as COA 6 ' to not expose "specified anatomical azeas" as described in Police Section 7.16.060 of the Anaheim Municipal Code. COA 7 The floor space provided for dancing shall be free of any Police furniture or aztitions and maintained in a smooth and safe -5- PC2007- Responsible COA Conditions of Approval for Monitoring' condition. (Section 4.16.050.010 Anaheim Municipal Code). At all times during assembly, security measures pTOVided shall be adequate to deter unlawful conduct on the part of employees or patrons; or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent COA 8 ' disturbance of the neighborhood by excessive noise created by Police patrons entering or leaving the premises. The security measwes implemented for each event; including the number of security guazds shall be subject to review and approval by the Police Department. Any and all security officers provided shall comply with all COA 9 State and Local ordinances regulating their services, including, Police without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code, No minor under the age of sixteen (16) yeazs shall be allowed COA 10 while alcohol is being consumed on the premises, unless said Police minor(s) are accompanied by a pazent or guazdian. COA 11 No "happy hour" type of reduced price alcoholic beverage police promotion shall be permitted.. The applicant shall ensure that on-site security police the azea COA 12 under their control in an effort to prevent the loitering of Police persons about the premises. The applicant shall not shaze any profits, or pay any percentage or commission to a promoter or any other person, based upon COA 13 monies collected as a door chazge, cover chazge, or any other Police form of admission chazge, including minimum drink orders, or the sale of drinks. If an Alcoholic Beverage License is applied for, the applicant COA 14 shall comply with all ABC (Alcoholic Beverage Control) Planning requirements. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good COA 15 cause provided (i) equivalent timing is established that satisfies Planning the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and -6- PC2007- Responsible COA Conditions of Approval for Monitoring (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved development. That on-going during project operation, the property shall be permanently maintained in an orderly fashion through the COA 16 provision of regulaz landscaping maintenance, removal of trash Planning or debris, and removal of graffiti within twenty-four (24) hours ' from the time of discovery. 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 COA 17 City, State and Federa] regulations. Approval does not include Planning any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. That extensions for further time to complete conditions of planning COA 18 approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 chazges 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 chazges 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 November 26, 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 -7- PC2007- ATTEST SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE. OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 26, 2007, by the fallowing vote of the members thereof: AYES: COMMISSIONERS:. NOES: COMMISSIONERS: ABSENT: COMMISSIONERS:- IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -8- PC2007- Item No. 7 GG RCL 2002-ODTiJ2 RCL 68-91-07 VAR 3367 (Rea of InL N CO) RCL 57-5652 RCL S-59-BB T-CUP 2002-C4632 CUP 2802-045G9 PPTR CUP 3fi37 fit DU CUP 2702 CUP 7-701 CLIP CZ7 CUP 3G5 Sl1ALL SHOPS o ANAF{CIM PLAZA aEDEVELOPA4ENT AREA Prff7~ Dz aL ItCL2007L@12 RCL0160.B3 VAR 1016 PARKING z1a H Ptrtlm Cl o RS-2 RCL2W7~002 O 1 DU RS-2 s VAR 192 x ~- 1 DU FACH < r N a y ¢ e 0 e z 91 vHm a] 1 CUP 3156 i (LP746 VAR 235 1 DU EACH VAR 1616 AR10100 SENIOR dTIZEN APTS nou C-G RCL 54-55-36 RCL 53-64-27 CUP 3930 CUF 3333 CUP 3723 CU? 3783 CUP 35Gfi UAA 1358 CU? 3755 ~ .. VAR 1282 R.)N 20D1-OD101 FCN 2082-0(DOE PNAHEIM PVaZA (NORTH) _ CRESCENT AVENUE C-G RCL 53-Si-27 PNAHEIM PLAZA 9-LOPPING CENTER Gi ~ VAR i616~~ 9ANK K PARKING PMRIE CALENDARS p _I RESTAURANT U •y~ WE6TR10NT DR b b a J Q Pis~CWZR w ¢ ° ® o rw 9 • ~ a rn ~ o c o j; may, a~ '~ u~ ~F~~c ~~ Pvlim C2 ~ u `9r • PS2 ¢~ sb 'Lq 9~P~0a rz;LZw7o6zla 0 5 z GJ3, ~/3j Py 00 act afsfar-16 ° 4 a Fry, G`~. 6 ~. VACANT B W a qGi~ ~9~ °6A ° ¢ w ~o //, o R°2y `r/ Q a ~ ~` o U.S. P03TAL PACU lTr Reclassification No. 2007-00212 Requested By: ROBERT BRUTOCAO J PmilonA GG rtcL 203]-00212 FCL S&60.111 C-G VPR Y'd3a RCL 82-93-05 VAR ~' RCL 54.55v7 A0.10160 Orr ICE RCL 53.54-Z7 BLDG T-CUP 2993-04897 PARKING CUP 3703 CUP 3fi61 CUP 35fiE 1 ANAHEIM PLAZA SHi PPING CEN7FrR Porllan A -505 Nwth EUClitl Sreot Porllan B7 -555 end 597 North Elxlid Street Portion B2 - 550 eM 554 North Fairhaven Strad Portion B3 -502, 506, 516, 626, 530, 536 and 540 North Fairhaven Street and 1711 West Westmont DrNe Podlon C1 -544 North Fairhaven Streal Portion C2 -445, 449, 455 and 458 North Madpoea PI ace Pollan C3 -448, 458 and 460 Nwth Madpose Place Subject Property Date: Novembsr 26, 2007 Scale: Graphic O.S, No. 114 10413 ~~ ®t Reclassification No. 2007-00212 Requested By: ROBERT BRU'1`OCAO Portloh'A - 585 North Eddld Street Portion Bi - 555 and 587 Nortk Euilld Street ~uiy,za PortionB2 - 558 and 554 N6rth Fairhaven Sgeet Portion'B3 - 582, 588, 546, 528, 536, 536 and 548 North Falrhaven Street and 1711 West Westmont Drive PaNod Ci-544'North FaGAeveh Street Portion C2 - 445; 449, 455.and'489 North Mariposa Place Potion C3-- 446, 456 and 486 North Medpaea Pleco 18413 g'~'IEI~Y l~®. 7 PLAI~11~lIiVG C®1VIIl~F~SS~®1~1 AGEl~1Dr~ R~)P®RT 200 5. Anaheim Blvd. Suile #162 Maheim, CA 928D5 Tel: (714) 765-5139 Fax: (714) 765.5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: N®vElv><BER 26 2007 ; FR®IVI: PLANNING SERVICES MANAGER~v SUBJECT: RECLASSIFICATION NO. 2007-00212 LOCATION: PORTION A: 505 North Euclid Street; PORTION B: 555 and 597 North Euclid Street, 550 and 554 North Fairhaven, 502, 506, 516, 526, 530, 536 and 540 North Fairhaven Street and 1711 West Westmont Drive ;PORTION C: 544 North Fairhaven Street, 445, 449, 455 and 459 North Mariposa Place, and 446, 456 and 460 North Mariposa Place as identified in Attachment 1 of this report. APPLICANT/PROPERTY OWNER: The applicant is Roberto Brutocao and the property owners aze Anaheim Place Partners and the Anaheim Redevelopment Agency. REQUEST: The applicant requests approval to reclassify Portions A, B and C from the respective General Commercial (C-G), Office Low (OL) and Single Family Residential (RS-2) zones to the General Commercial Mixed Use Overlay (C-G (MLT) Overlay) zone. RECONINIENDATI®N: Staff recommends thaYthe Commission take the following actions: (a) By motion, approve a Negative Declaration. (b) By resolution, approve Reclassification No. 2007-00212. BACKGROUND: The properties aze located in the General Commercial (C-G), Office Low (OL) and Single Family Residential (RS-2) zones. The properties currently contain 3 single-family residences, an empty lot, an office building with a pazking azea, a senior apartment complex and a bank building with a pazking area. The General Plan designates these properties for Mixed Use, properties to north and east for Commercial land uses, and properties to the west for Residential land uses. The Santa Ana Freeway (I-5) is located to the south of the property. The properties are located within the Anaheim Plaza Redevelopment Area.. PROPOSAL: The reclassification would pernut the future development of a mixed use project, subject to compliance with the development standazds for the General Commercial Mixed Use Overlay zone. This reclassification would implement the Mixed Use land use designation of the General Plan. RECLASSIFICATION NO. 2007-00212 November26;2007 Page 2 of 2 ANALYSIS: The proposed General Commercial Mixed Use Overlay zoning classification for " this property would complement and support the General Plan designation to encourage mixed- use projects that combine residential with non-residential uses in the same building or p"roject .areas as a means to create an active street life, enhance the vitality of businesses,. and reduce the need for automobile travel. Any future mixed use development would require a'conditional use permit with review and approval by the Commission. Therefore, staff recommends approval of the proposed reclassification. Respectfully submitted, Co cure - ~~~ ~~ Principal Planner Panning Services Manager Attachmentsc' 1. Map 2. Aerial 3. Draft Resolution The following attachments were provided to the Planning Commission and are available ..for public review at the Planning Services Division at City Hall. 4. Location Plans _, AT"TACdYI~E1LT'~ 15®. d ~P CRESCEhi--~tb`E ` Portion A -Reclassification from the C-G (General Commercial) zone to the C-G (MU) Overlay (General Commercial Mixed Use Overlay) zone. Portion B -Reclassification from the OL (Office Low) zohe to the C-G (MU) Overlay (Genera] Commercial Mixed Use Overlay) zone. Portion C -Reclassification from the RS-3 (Single Fanuly Residential) zone to the C-G (MIJ) Overlay (General Commercial Mixed Use Overlayl zone. t3~Ila`$6iyyA$1V~~1Lggtl.`~pp1®FFH ~T®~ 4 [DRAFT] ATTACHMENT NO. 3 RESOLUTION NO. PC2007- *** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2007-00212 BE GRANTED, UNCONDITIONALLY (FOR PROPERTIES DESCRIBED AS PORTION A, PORTION B AND PORTION C ATTACHED) 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, to reclassify certain properties as follows: Portion A Reclassification from the C-G (General Commercial) zone to the C-G (MU) Overlay (General Commercial Mixed Use Overlay) zone. Portion B Reclassification from the OL (Office Low) zone to the C-G (MU) Overlay (General Commercial Mixed Use Overlay) zone. Portion C` Reclassification from the RS-2 (Single Family Residential) zone to the C-G (MU) Overlay (General Commercial Mixed Use Overlay) zone. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 26, 2007, at 2:30 p.m., notice of said public hearing having been duly given as requited 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 Portion A from the C-G (General Commercial) zone to the C-G (MU) Overlay (General Commercial Mixed Use Overlay) zone; Portion B from the OL (Office Low) zone to the C-G (MU) Overlay (General Commercial Mixed Use Overlay) zone; and Portion C from the RS-2 (Single Family Residential) zone to the C-G (MU) Overlay (General Commercial Mixed Use Overlay) zone or less intense zone. 2. That the Anaheim General Plan designates all properties for Mixed Use land uses and the proposed C-G (MU) Overlay (Commercial General Mixed Use Overlay) zone is the appropriate implementation zone for this land, use designation. -1- PC2007- 3. That the proposed reclassification of subject property is necessary and 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 mixed use project that is consistent with the type of uses envisioned for the area by the General Plan. 5. That *** indicated their presence at said public hearing in opposition; and that *** 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 C-G (Commercial General), OL (Office Low) and RS-2 (Residential Single Family) zones .and to incorporate said described properties into the C-G (MU) Overlay (Commercial General Mixed Use pverlay) lone. 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 maybe approved or denied by the City Council at its sole discretion. BE IT FURTHER RESOLVED that the applicant is Tesponsible for paying all charges related to the processing of this discretionazy case .application within 15 days of the issuance of the final invoice. 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 November 26, 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 -2- PC2007- ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 26, 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 3 PC2007- Portion A -Reclassification from the C-G (General Commercial) zone to the C-G (MU) Overlay (General Commercial Mixed Use Overlay) zone. Portion B -Reclassification from the OL (Office Low) zone to the C-G (MLT) Overlay (General Commercial Mixed Use Overlay) zone. Portion C -Reclassification from the RS-2 (Single Family Residential) zone to the C-G (M[J) Overlay (General Commercial Mixed Use Overlay) zone. -4- PC2007- PORTION A Real property in the City of Anaheim, County of Orange, State of California, described as follows:. LOTS 48 TO 55 OF TRACT NO. 1591, AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 36 TO 39 INCLUSNE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA EXCEPT THE NORTH 56.58 FEET OF SAID LOT 55. THAT PORTION OF THE ALLEY ADJOINING LOT 48 TO 55 ON THE WEST AND LOTS 66 TO 70 ON THE EAST OF TRACT NO. 1591, AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 36TO 39 INCLUSNE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AS SAID ALLEY WAS VACATED BY RESOLUTION NO. 96R-85 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 19, 1998 AS INSTRUMENT NO. 19980156892 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID PORTION BEING BOUNDED SOUTHERLY BY A LINE PARALLEL WITH AND 62.00 FEET NORTHERLY OF THE NORTH LINE OF WESTMONT DRNE, AS .SHOWN ON SAID TRACT MAP ANDBOUNDED NORTHERLY BY A LINE THAT IS PARALLEL WITH AND NORTHERLY 358.00 FEET FROM SAID NORTHERLY LINE OF WESTMONT DRNE. -5- PC2007- PORTION B Real property in the City of Anaheim, County of Orange, State of California, described as follows: LOTS 66 TO 71 OF TRACT NO. 1591, AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 36 TO 39 INCLUSNE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA THE NORTH 56.58 FEET OF LOT 55 AND ALL OF LOTS 56, 57, 58 AND 59 OF TRACT 1591, AS PER MAP RECORDED IN BOOK 54, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. LOTS 60 AND LOT 61 OF TRACT 1591, AS PER MAP RECORDED IN BOOK 54, PAGES 36 TO 39 INCLUSNE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. LOT 63, 64 AND 65 OF TRACT NO. 1591, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 54, PAGES 36 TO 39 INCLUSIVE OF MAPS, RECORDS OF ORANGE COUNTY. _6_ PC2007- PORTION C Real property in the City of Anaheim, County of Orange, State of California, described as follows LOT 32 OF TRACT NO. 1591, AS PER MAP RECORDED IN BOOK 54 PAGES 36 TO 39 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LOT 33 OF TRACT NO. 1.591, AS PER MAF RECORDED IN BOOK 54, PAGES 36 TO 39, INCLUSNE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. LOT 34 OF TRACT NO. 1591, A5 SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 36 TO 39 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. LOT 62 OF TRACT NO. 1591, AS PER MAP RECORDED IN BOOK 54, PAGES 36 TO 39 INCLUSNE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THAT PORTION OF LOT 46 OF TRACT No. 1591. IN THE CITY OF ANAHEIM COUNTY OF ORANGE. STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 36 TO 39 INCLUSNE, OF MISCELLANEOUS MAPS, IN THE OFHCE OF THE COUNTY RECORDER OF SAID COUNTY. LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:. BEGINNING AT A POINT ON THE CENTERLINE OF MARIPOSA PLACE AS SHOWN ON SAID TRACT MAP,. SAID POINT BEING DISTANCE SOUTH 00'21'29' WEST, 280.71 FEET ALONG SAID CENTERLINE FROM ITS INTERSECTION WITH I 1-IF CENTERLINE OF WESTMONT DRNE AS SHOWN ON SAID MAP; THENCE SOUTH 61°35' 18" EAST, 4.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 50.00 FEET; THENCE NORTHEASTERLY 100.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 115°24'59", TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY AND HAVING A RADNS OF 70.00 FEET; THENCE NORTHERLY 71.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°21'59" THENCE NORTH 46°21 `09" EAST, 48.48 FEET; THENCE NORTH 02°59'43" EAST, 70.65 FEET THENCE NORTH 57°049'51" WEST, 69.03 FEET, TO THE WESTERLY LINE OF LOT 47 OF SAID TRACT No.1591. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 46 LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF MARIPOSA PLACE AS SHOWN ON SAID TRACT MAP. SAID POINT BEING DISTANCE SOUTH 00°21 `29" WEST 280.71 FEET ALONG SAID CENTERLINE FROM ITS INTERSECTION WITH THE CENTERLINE OF WESMONT DRNE AS SHOWN ON SAID MAP; THENCE SOUTH 61 °35' 18" EAST, 4.41 FEET TOTHE BEGINNING OF A -7- PC2007- TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE NORTHEASTERLY 100.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 115°24'59" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE _. _ WESTERLY AND HAVING A RADNS OF 70.00 FEET; THENCE NORTHERLY 71.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°21 `59", TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE NORTHERLY 48.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°43'48" TO THEEASTERLY LINE OF MARJPOSA PLACE AS SHOWN ON SAID TRACT MAP. THAT PORTION OF LOT 45 OF TRACT N0.1591, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE. STATE OP CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 36 TO 39 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF MARIPOSA PLACE A5 SHOWN ON SAID TRACT MAP, SAID POINT BEING DISTANCE SOUTH 00°21 `29" WEST. 280.71 FEET ALONG SAID CENTERLINE FROM ITS INTERSECTION WITH THE CENTERLINE OF WESTMONT DRNE AS SHOWN ON SAID MAP; THENCE SOUTH 61°35' 18" EAST, 4.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF SO.OOFEET; THENCE NORTHEASTERLY 100.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 115°24'59', TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY AND HAVING A RADNS OF 70.00 FEET; THENCE NORTHERLY 71.31 FEET' ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°21'59"; THENCE NORTH 46°21 `09" EAST, 48.48 FEET; THENCE NORTH 02°59'43" EAST, 70.65; FEET THENCE NORTH 57'49'51" WEST, 69.03 FEET, TO THE WESTERLY LINE OF LOT 47 OF SAID TRACT NO. 1591. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 45 LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OP MARIPOSA PLACE AS SHOWN ON SAID TRACT MAP, SAID POINT BEING DISTANCE SOUTH 00°21' 29" WEST, 280.71 FEET ALONG SAID CENTERLINE FROM ITS INTERSECTION WITH THE CENTERLINE OF WESTMONT DRNE AS SHOWN ON SAID MAP; THENCE SOUTH 61 °35' 18" IS" EAST, 4.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 50.00 FEET;THENCE NORTHEASTERLY 100.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 115°24'59", TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY AND HAVING A RADNS OF 70.00 FEET; THENCE NORTHERLY 71.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°21 `59", TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADNS OF 50.00 FEET; THENCE NORTHERLY48.63 FEET ALONG SAID. CURVE THROUGH A CENTRAL ANGLE OF 55°43'48" TO THE EASTERLY LINE OF MARTPOSA PLACE AS SHOWN ON SAID TRACT MAP. -8- PC2007- THAT PORTION OF LOT 35 OF TRACT NO. 1591. IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 54: PAGES 36, TO 39 INCLUSIVE, OF MISCELLANEOUS MAPS. IN THE OFFICE OF THE COUNTY - -.--- RECORDER OF SAID COUNTY. LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF LINDEN PLACE AND WESMONT DRNE AS SHOWN ON SAID TRACT MAP; THENCE NORTH 89°06' 12" WEST. 238.08 FEET ALONG THE CENTERLINE OF WESTMONT DRNE; THENCE SOUTH 00°53'48" WEST, 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 61 °3S 18" EAST 553.48 FEET TOA POINT ON THE CENTERLINE OF MARIPOSA PLACE AS SHOWN ON SAID TRACT' MAP. SAID POINT BEING DISTANCE SOUTH 00°21'29" WEST. 280.71 FEET ALONG SAID CENTERLINE FROM ITS INTERSECTION WITH SAID CENTERLINE OF WESTMONT DRIVE AS SHOWN ON SAID MAP.. THAT PORTION OF LOT 28 OF TRACT No. 1591, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE. STATE OF CALIFORNIA: AS SHOWN ON A MAP RECORDED IN BOOK 54. FAGES 36.TO 39 INCLUSNE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF LINDEN PLACE AND WESTMONT DRNE AS SHOWN ON SAID TRACT MAP: THENCE NORTH 89°06' 12'' WEST 238.08 FEET ALONG THE CENTERLINE OF WESTMONT DRNE: THENCE SOUTH 00°53'48" WEST 25:00 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 61°35'18"EAST 553.48 FEET TO A POINT ON THE CENTERLINE OF MARIPOSA PLACE AS SHOWN ON SAID TRACT MAP, SAID POINT BEING DISTANCE SOUTH 00°21'29" WEST 280.71 FEET ALONG SAID CENTERLINE FROM ITS INTERSECTION WITH SAID CENTERLINE OF WESTMONT DRNE AS SHOWN ON SAID MAP:' THAT PORTION OF LOT 470F TRACT NO. 1591, IN THE CITY OF ANAHEIM: COUNTY OF ORANGE. STATE OF CALIFORNIA. AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 36,TO 39 INCLUSNE. OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:. BEGINNING AT A POINT ON THE CENTERLINE OF MARIPOSA PLACE AS SHOWN ON SAID TRACT MAP. SAID POINT BEING DISTANCE SOUTH 00°21 `29" WEST, 280.71 FEET ALONG SAID CENTERLINE FROM ITS INTERSECTION WITH THE CENTERLINE OF WESTMONT DRNE AS SHOWN ON SAID MAP;'THENCE SOUTH 61°35'18 EAST, 4.41 FEET TO THE BEGINNING OF ATANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 50.00 FEET; THENCE NORTHEASTERLY 100.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 115°24'59". TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY AND HAVING A RADNS OF 70.00 FEET; THENCE NORTHERLY 71.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°21'54"; THENCE NORTH 46°21 `09" EAST, 48.48 FEET; THENCE NORTH 02°59'43" EAST, -9- PC2007- 70.65 FEET; THENCE NORTH 57°49'51" WEST, 69.03 FEET, TOTHE WESTERLY LINE OF SAID LOT 47. THAT PORTION OF LOT 46 OF TRACT NO. 1591. IN THE CITY OF ANAHEIM, COUNTY OF ORANGE. STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 36 TO 39 INCLUSIVE. OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDEROF SAID COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF MARIPOSA PLACE AS SHOWN ON SAID TRACT MAP. SAID POINT BEING DISTANCE SOUTH 00°21 `29" WEST, 280.71 FEET ALONG SAID CENTERLINE FROM ITS INTERSECTION WITH THE CENTERLINE OF WESTMONT DRP/E AS SHOWN ON SAID MAP; THENCE SOUTH 61°35'18" EAST. 4.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 50.00 FEET; THENCE NORTHEASTERLY 100.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 115°24'59", TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY AND HAVING A RADNS OF 70.00 FEET: THENCE NORTHERLY 71.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°21'59"; THENCE NORTH 46°21'09" EAST, 48.48 FEET; THENCE NORTH 02°59'43" EAST. 70.65 FEET THENCE NORTH 57°49'51" WEST, 69.03 FEET, TO THE WESTERLY LINE OF LOT 47 OF SAID TRACT N0.1591. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 46 LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF MARII'OSA PLACE AS SHOWN ON SAID TRACT MAP. SAID POINT BEING DISTANCE SOUTH 00°21 `29" WEST 280.71 FEET ALONG SAID CENTERLINE FROM ITS INTERSECTION WITH THE CENTERLINE OF WESTMONT DRIVE AS SHOWN ON SAID MAP; THENCE SOUTH 61 °35' 18" EAST, 4.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 50.00 FEET THENCE NORTHEASTERLY 100.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF115°24'59", TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY AND HAVING A RADIUS OR 70A0 FEET; THENCE NORTHERLY 71.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°21 `59", TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADNS OF 50.00 FEET; THENCE NORTHERLY 48.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°43'48" TO THE EASTERLY LINE OF MARIPOSA PLACE AS SHOWN ON SAID TRACT MAP; THAT PORTION OF LOT 45 OF TRACT NO 1591, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 36.T0 39 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDEROF SAID COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF MARIPOSA PLACE AS SHOWN ON SAIDTRACT MAP, SAID POINT BEING DISTANCE SOUTH 00°21'29" WEST. 280.71 FEET ALONG SAID CENTERLINE FROM ITS INTERSECTION WITH THE CENTERLINE OF -10- PC2007- WESTMONT DRIVE AS SHOWN ON SAID MAP; THENCE SOUTH 61°35'18" EAST, 4.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE NORTHEASTERLY 100.72 FEET ALONG SAID CURVE THROUGH .A CENTRAL ANGLE OF115°24'59", TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 70.00 FEET; THENCE NORTHERLY 71.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°21'59"; THENCE NORTH 46°21'09" EAST, 48.48 FEET; THENCE NORTH 02°59'43" EAST, 70.65; FEET THENCE NORTH 57°49'SlI" WEST, 69,03 FEET, TO THE WESTERLY LINE OF LOT 47 OF SAID TRACT NO. 1591 EXCEPTING THEREFROM THAT PORTION OF SAID LOT 45 LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF MARIPOSA PLACE AS SHOWN ON SAIDTRACT MAP, SAID POINT BEING DISTANCE SOUTH 00°21 `29" WEST, 280.71 FEET ALONG SAID CENTERLINE FROM ITS INTERSECTION WITH THE CENTERLINE OF WESTMONT DRIVE AS SHOWN ON SAID MAP; THENCE SOUTH 61°35'18" EAST, 4.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 50.00 FEET; THENCE NORTHEASTERLY 100.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 115°24'59", TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY ANDHAVING A RADNS OF 70.00 FEET; THENCE NORTHERLY 71.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°21 `59", TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADNS OF 50,00 FEET; THENCE NORTHERLY 48.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°43 `48" TO THE EASTERLY LINE OF MARIPOSA PLACE AS SHOWN ON SAID TRACT MAF. -11- PC2007-