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PC 2008/04/28
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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 ITEM NO. 1A FINAL SUBSEQUENT EIR NO. 332 and (PREVIOUSLY CERTIFIED) FINAL SITE PLAN NO. 2006-00008 Motion (Tracking No. FSP2008-00002) Owner: Orangewood Platinum Investors, LLC 1849 Sawtelle Boulevard, Suite 600 Los Angeles, CA 90025 Applicant: Derek Baak West Millennium Homes 1849 Sawtelle Boulevard, Suite 600 Los Angeles, CA 90025 Location: 2211 East Orangewood Avenue: Property is approximately 3.8-acres, with frontage of approximately 273 feet on the north side of Orangewood Avenue and is located approximately 1,035 feet east of the centerline of State College Boulevard. Request for a determination of substantial conformance Project Planner: with previously-approved exhibits to change a 341- unit Ted white condominium project to a 320-unit apartment project. Twhite@anaheim.net Minutes ITEM fVO. 1 B. Receiving and approving the Minutes from the Motion Planning Commission Meeting of April 14, 2008. NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. Public Hearina Items: ITEM NO. 2 CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) AND CONDITIONAL USE PERMIT NO. 3935 Resolution No. (Tracking No. CUP2006-05115) Owner: Bhikhu Patel Anaheim -Magnolia LLC 6732 Westminster Boulevard Westminster, CA 92683 Location: 1125 North Magnolia Avenue: Property is approximately 1.5 acres, having a frontage of 271 feet on the west side of Magnolia Avenue, approximately 280 feet north of the centerline of La Palma Avenue. Request for reinstatement of a permit for a restaurant and banquet facility with the on-premises sale and consumption of alcoholic beverages, amendment of the conditions of approval to remove the time limitation, and modification of the permitted uses on the site from Protect Planner: professional office uses to medical office uses with fewer Kimberly Wong parking spaces than required by Code. Kwongz@anaheim.net ITEM NO. 3 CEQA NEGATIVE DECLARATION Request for (PREVIOUSLY-APPROVED) Continuance to CONDITIONAL USE PERMIT NO. 2000-04244 May 28, 2008 (Tracking No. CUP2007-05256) Owner: David R, Jackson TR 1575 West Maple Street Anaheim, CA 92802 Applicant: Rob Chandler Fairmont Private Schools 1575 West Maple Street Anaheim, CA 92802 Location: 2200-2240 West Sequoia Avenue: Property is approximately 5.7 acres, having a frontage of 895 feet on the south and west sides of Sequoia Avenue .approximately 180 feet east of the centerline of Siesta Street. Request to amend the conditions of approval to permit additional students and staff at apreviously-approved Project Planner. private school (Fairmont Private School) with fewer parking Kimberly Wong spaces than required by Code. Kwong2@anaheim.net ITEM NO. 4 CEQA CATEGORICAL EXEMPTION CLASS 1 AND CONDITIONAL USE PERMIT NO. 2008-05307 Resolution No. Owner: Adlakha Enterprises 910 South Euclid Street Anaheim, CA 92802 Applicant: Joe Hassan P.O. Box 2742 Redondo Beach, CA 90278 Location: 910 South Euclid Street: Property is approximately 0.79-acre, having a frontage of 130 feet on the east side of Euclid Street, approximately 140 feet south of the centerline of Beacon Avenue. Request to permit the division of a retail unit into four (4) Project Planner units and establish land use conformity"for an existing Della Herrick commercial retail center. dherrick@anaheim.net a ITEM NO. 5 CEQA CATEGORICAL EXEMPTION, CLASS 1 AND CONDITIONAL USE PERMIT NO. 2007-05189 Owner: Michael Daskalakis 300 North Wilshire Avenue Anaheim, CA 92801 Applicant: Theodoros Daskalakis P.O. Box 3880 Anaheim, CA 92803 Location: 2401 West Lincoln Avenue: Property is approximately 0.53-acre, located at the northwest corner of Lincoln Avenue, and Gilbert Street, having approximate frontages of 127 feet on the north side of Lincoln Avenue and 120 feet on the west side of Gilbert Street Request to permit a commercial retail center with a landscape setback adjacent to Gilbert Street that is less than required by Code. Resolution No. Project Planner. Scott Koehm skoehm@anaheim. net ITEM NO. 6 Owner: Ishkhan K. Sahagian 1 Bormes Street Irvine, CA 92614 Applicant: Joseph Karaki Western States Engineering 4887 East La Palma Avenue, Suite 707 Anaheim, CA 92807 Location: 770 North East Street: Property is approximately 0.57-acre, located at the southeast corner of La Palma Avenue and East Street, having a frontage of 150 feet on the south side of La Palma Avenue and 230 feet on the east side of East Street. Request to permit a service station with a car wash and a convenience market with sales of beer and wine for off- premises consumption. This project requires approval of the following actions: General Plan Amendment No. 2008-00464 - to amend the Land Use Element Map of the General Plan to redesignate the property from the Low-Medium Density Residential designation to the General Commercial designation. Reclassification No. 2008-00216 - to reclassify the property from the Single-Family Residential (RS-2) zone to the General Commercial (C-G) zone. Conditional Use Permit No. 2008-05309 - to permit a service station with a car wash and a convenience market with sales of beer and wine for off-premises consumption. PCN2008-00040 - a Determination of Public Convenience or Necessity to permit sales of beer and wine for off- premises consumption. Resolution No. Resolution No. Resolution No. Resolution No. Project Planner. Scott Koehm skoehm@anaheim. net Adjourn to Monday, May '12, 2008 at 1:00 P.M. for Preliminary Plan Review CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: /~~ If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139.. SCHEDULE 2008 May 12 May 28 (Wed.) June 9 June 23 July 7 July 21 August 4 August 18 September 3 (Wed.) September 15 September 29 October 13 October 27 November 10 November 24 December 8 December 22 (Cancelled) Iterv~ 1 a PR (PTMU) ANGEL STADIUM OF ANAHEI M I (PTMU) CATERING TRUCK CO. I (PTMU) IND. FIRM I (PTMU) VACANT 1035' - TO STATE COLLEGE I SMALL IND. I (PTMU) a FIRMS IND. FIRM ¢ y z -o J 2 - O h w 0 r- Z O a o so goo ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. F~~ April 28, 2008 - Subject Property E~ Final Site Plan No. 2006-00008 E.OFM (Tracking No. FSP2008-00002) 2211 East Orangewood Avenue I (PTMU) RCL 2004-00129 RCL 99-00.15 RCL 84-85-08 (Res. of Int. to CR RCL 66-67-14 RCL 56-57-93 CUP 2006.05136 CUP 3552 CUP 2fi23 i-FSP 2006-0000', F$P 2006-0ODO6 (RCL 70-71-34) (CUP 1120) SMALL IND. FIRMS PR (PTMU) ANGEL STADIUM OFANAHEIM PARKING ORANGEWOOD AVE 10531 j~®- 273'-~( April 28, 2008 Subject Property Final Site Plan No. 2006-00008 (Tracking IVo. FSP2008-00002) 2211 East Orangewood Avenue ioss~ o so iao Aerial Photo: F `, ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. ~uiyzoos A'T'I'ACxILIF1V'1<' 1 1'R®.TFCT sulvdR4ARY previously- pro osed p p'Y'R'a(iT ®verlay lDevelopment-Standard ?spproved Final Final Site plan Standards Site plan Site Area 3.81 acres N/A N/A Minimum Pazking 707 659 654 Minimum Landscaping Adjacent to Orangewood Avenue 3 feet 6 feet 3 feet, in front of patio Adjacent to Street "D" 5 feet 5 feet 3 feet, in front of patio Side (east property line) 5 feet 5 feet 5 feet Reaz (north ro erty line 5 feet 7 feet, 8 inches 5 feet Minimum Building Setback* Adjacent to Orangewood Avenue 16 feet (excepting 16 feet (excepting 15 feet electric transformer) electric transformer) Adjacent to Street "D" 2 feet 10 feet 10 feet Side (east property line) 10 feet 10 feet 5 feet Rear (north property line) 12 feet, 6 inches 15 feet, 5 inches 5 feet * Not including pernutted patio and balcony encroachments Maximum Lot Coverage 71% 60% 75% Maximum Densi U/AC 90 85 100 Minimum Floor Area 1 Bedroom 713 square feet 789 squaze feet 650 squaze feet 2 Bedroom 972 squaze feet 980 squaze feet 825 squaze feet 3 Bedroom 1367 s uaze feet 1,084 s uaze feet 1,000 s uaze feet Avera e Unit Size 1,036 s uaze feet 1,026 s uaze feet N/A Minimum Recreation Leisure Atea , 260 s uaze feet q 217 square feet 200 s uaze feet q er unit Maximum Buildin Hei ht 70 feet 70 feet 100 feet ',T'Il'AC 1~1'l1' ICI®. 2 tall Report to the ' ;j ~ Planning Commission April 30, 2007 item No. 4 4a. CEQA SUBSEQUENT ENVIRONMENTAL IMPACT REPORT N0.332 (PREVIOUSLY-CERTIFIEDYAND SECOND ADDENDUM (Motidn} 4b. CONDITIONAL USE PERMIT N0; 20D6-05138 (Resolution) 4c. DEVELOPMENT AGREEMENT N0.2006-0D003 (Recommendation Resolution) 4d. TENTATIVE TRACT MAP NO. 18908 {Modon) SITE LOCATION AND DESCRIPTION: (1) The property Is Identified es 2211 East Orangewood Avenue. , REQUESZ (2) The applicant requests approval of the following appticatlone: Conditionel'Use Permit No. 2006-05138-to modify minimum setbacks to construct a 341- unitresidential project. pevelooment Agreement No. 2006-00003'- to recommend City Council adoption of a Development Agreement between the City of Anehelm and Orangewood Platinum Investors, LLC for the341-unft Orangewcod Condominiums residential project Tentative Trect Mao Nc. 18908 - to establish a 1-lot, 341-unit airspace attached residential condominium subdivision. BACKGROUND:. (3) On August 17, 2004, the Clty Councl approved the Platinum Tdangle Mestar Land Use . Plan (PTMLUP) to cony out the goals ahd polices of llte General Plan for The Platinum Triangle. The Plan serves as a blueprint for future development and street §rrprovements, The Clty Council also adopted.the.Platinum Triangle Mixed Use (PTMU) OveAey Zone end astandardized Platinum Triangle Development Agreement form. The PTMU Overlay Zone encompasses approximately 375'acres and Nve DleMete (the ketella, Gene Autry, Gateway, Arena end Stadium Districts).... (4) This 3.81-acre property is curtettdy.developed witit a 1-story' vacant tndustr~l twllding and is located within the Industrial, Platinum Tdangle Mlxad Use Overlay zeta (I (PTMUp:.The General Plan designates this property for Mixed Usa land uses. The property ~ located In the PTMU Overlay Gateway DlsMct. , (5) The'PTIVIU Overlay Gateway District currently peirnita up to 2,075 dwel8np unMs. Amendments to the General Plan, the PTMLUP and the PTMU Overlay ere schedulad.on the same meetfig agenda es Item No. 3. These amendments would add 87 residential ` . units to the Gateway District for a new total of 2,142 units. srCUP200B-05136tw.doc ~. Page i tell Report to the Planning Commission April 30, 2007 Item Rio. 4 (&} The applicant proposes to construct a B-start', 341.unit condominium: project In a podium style building with residential units Icceted ab"ave a subterranean parking sliucfura. The .project would also inGude•.the construotion of a public cUl-de-sac streef(SUeet °D").with sidewalks and parkways that Would be shared wtth fha proposed Lennar A-Tovm Stadium development fo the west. The public street would fie utilized. for primary-rasidantiaLaccess, 'flee access,. a moving plaza, and sanitation access. (7) Tttetentative-tract map Indicates the"subdWision would consist of a trlof, 341-unit airspace subdivision for residential condominiumpurposes et~e density of 90 units par'acte: The pcoposed density is wiUtin the it)Ovnit par acre fimR Imposed by. the.Ganerel plan,. ($): Ttfe life plan shows a fiaximufn lot coverage of 71 % which is less ittan the 75"k maximum coverage allowed by Code= The,plen alsb shows`bt}nfor"manse with fhe minimum 15 foot. cetbaGk along Orangewood Avenue and 10 fact aetback-along Street °D" with trio excepfiptt of tfie requested setback modifications discussed I[i'. the GdnditionaJ Use Partnit section of this report. (g) Theltoor plans sfiow 341 residential condominium uhJts, $1,3'00 square fool cfubrogrrt, err, :850 square foot.business center;, a 650 square foot media theater, and a 1,200 square foot exercise edam. Amain lobby is located et the southwest comer of fhe southern building ai tt{e intersection:Of Orangewood Avenue and Street°D". Plans Indicate 1'-fc 3-hetlmom units ranging from:713 to 1,585 square feet.. The mihimum floor area end interiof features 4f the units are in compliance with rile PTMU OVeH9y Zone. (10)> Ptirnary access to~the project wouitl be via e,hewly oonsUi/ctetl ptiblio street ham Orangewood Avenue ter(nihagng as a cul-de-sae et th'e northwest comer. of the property; and a private driveway from SUeet "D"leading to avehicular turn-around.; The public sUaet: meets the City standards and, jndudes a 5-foot wide sidewalk and 5-foot wide parkway.. The public street will beahared With the proposed A-Town Stediurn prdJoet to fhe west. Na on-street parking. would be allowed on the~publlc sUae1 cr along the project frontage on Orengewood:Avenue. Plans show parking wilt lie provided in:aawo-levaf subterrahean paving stNCttife >rontaiNng 7Q~ patkin~'Spac65, Tali; tofai ttUtfib6T of ptapo56d spaces exceeds the Cedt9' requtramant of634 ffipacES. Tha cfraulatton attd parking layout ties been Page Z Existing. industriat~bugding at 2271 E. tJraneawaoilflvenue (to be demolished). ~EUELORMf=tJT PROPOSAL: toff Report to the . Planning Commission Apri130, 2007 Item No. 4 reviewed and determined to be meet Code requirements by the City's parking consultant:;. . Two (Q) moving plazas would be provided; one in the public streefand one withinthe on- site~vehicular tum-around area.. (1'1) The elevation plans shoal two 6-story buildings above. tfte two-level subfeKanean parking structure. The buildings meet the architectural design requirements of the PTMLUP and the PTMU Overlay Zone. The buildings would incorporate contemporary architectural designs featuring architectural elements such as varying building articulation, projecting and recessed balconies, changes in roof lines and angles, and the use of complimentary hullding materials and colors. The building would be a maximum of 77 feet high. Code. permits buildings within the Gateway District up to 100 feet highz` (12) The landscape plans depict sIX proposed common outdoor Yecreationoreas, with' amanitles Including azero-edge plunge pool and spa, cabanas; outdoor fire pits, outdoor kilckie~, various water features and fountains,. tailgate area with beach sand lounge, seating areas, outdoor furniture, decoaaf(ve paving and ephanced landscaping. Other common recreation areas include a fitness room,. multi-purpose room, restrooms, Ibunge with trot, and business center with conference room, media room and computer rooms. Thetotal Ptjge 3 Staff Report to the Planning Commission April 30, 2007 Item No. 4 recreation area Is 88,871 square feet resulting in an average of 260 square feet per uhft, exceeding the minimum 200 square feet of recreation leisure area required by Cade. The landscape:palette includes a variety of trees, shrubs and groundcover, In compliance with the landscape requirements of the PTMU Overlay Zone and the PTMLUP. Landecaping in the public right-of-way along Orangewood Avenue and Street "D" also meets PTMLUP guidelines, DISCUSSION: Conditional Use Permft No. 2006-05138: (13) Code Section No. 18.20.090.050 of the PTMU Overlay Zone allows mod~caUon of setbacks subject to the approval ofa condldonal use permit. The applicant requests modification of setbacks as identffled In the following table: Property Line 'Required Permitted Proposed Type of Adjacent to: Setback 'Encroachments Into Encroachment Encroachment the Setback Area Orangewood. 15 feet Ground Focr Electrical Avenue Rsdden0al: 3 feet 12 fast 6 Inches Transformer Pad Public Street 10 feet Patloa: 7 feet Up to 8 feet Second Floor "D" Ground Floor Reskten0el, Electrical ' Resldenflal: 3 feet Transformer Pad (14) The requested setback modifications ere the resultof streetand regional storm drairi reconflguratlons'recommended by staffwhich impacted the site.plen. Street."D" was proposed as a temporary private drive that would have provided adequate area for utlllry devices and structure) setbacks. However, staff recommends that Streat'D" be designed as a public skeet to provide for a 4-way signalized tr~tatsectian et Orangewood Avenue and Dupont Circle and a planned regional stone drain within an easement in Street °D". (15) Plans show that one transformer pad would be located on.Orengewood Avenue' at the southeast comer of the property with e 2 foot, 81nch setback. The transformer will be 'screened by a 3-foot high block wall on the east side and by shrubs on the west side. Two addlUonallrensforrimer pads would be located at the northern terminus,of Street "D" with a mininium setback of 7 feet. Lanosceping la proposed to screen these devices from the street. Iri addition, a residential building would have e 2 footsetbeck starting at the second story level, at a pinch point oh the curve of the Street "D" wl-de-sac. Lehdscaping - would be provided at ground level. (16) The street recortflgureflon allows for the development of a signalized Intersacllori et Street "D°/Orengewood Avenue that will improve vehicular circulation within the OYangewooii- `Condominiums and A-Town Stadium projects, as well as improve vehicular circulation of ptenhed developmenfalong Orangewood Avenue. With the.exceptbh of the trensforrner ' pad on Orangewood Avenue, setback modlflcaUad occurs mainly at the end of the Skeet "D".dui-de-sac. In addition,.the public street-would tie developed with a landscaped parkway and sidewalk that would provide an adequate buffer between the street and the building and utility equipment. Development Agreement No.2006-00003: (17) Development In the PTMU Ovedey Zone Is Implemented by the property owner entertng Into a standardized form of a development agreement with the Clty end submitting a fleet site plan showing conformance with the provisions of the PTMLUP and the PTMU Overlay Page 4 ' .m _ ~ Staff Report to the Planning Commisslon Aprtl 30, 2007 Item No. 4 Zone to the Planning Director for review and approval. Once approved, the final site plan Is Incorporated inffi the Development Agreement as an exhibit. (18) Staff has reviewed the proposed Development Agreement and finds that fhe' Agreement has been prepared In conformance with the form of the standardized Plathum Triangle Development Agreement. Further, the applicant has demonstrated eliglbillty to enter Into the Agreement since the proJdct wilt result in the construcUoh of 341~resldentlal dwelling units, which Is consistent with end implements the goals and policies of the General Plan Mined Use land use rlealgnation by providing for a high-quality.resldential project. . (19) Part of this review included an analysts of the maximum number of dwelling units allowed In the Gateway District of the PTMLUP.. The Gateway District currently provides for up to 2.075dwelling units. This request, in conjunotlon with the proposed R-Town Stadium protect located on the adjacent property proposes an Increase of 87 dwelling units In the Gateway DisUict. A general plan amendment, amendment to the PTMLUP and a zoning cede amendment oh ttie eama meeting agenda would increase the maximumnumber of permitted dwelling units in the Gateway District to accommodate this project and the adJacerit A-Town Stadium project (20) ` The applicant submitted Final Site Plan No. 2006-00008 to proylde for the development of ttiis proJecY. On Apn123, 2007, the Planning Director' epproded the final site plan, subject to the approval of the associated geheral plan amendment, amendment to the PTMLUP, zoning code amendment, conditional use permit and development agreemeht The Final Slfe Plan; InGuding elevations and colbr and material boards, was reviewed ahd recommended for approval by the Citys arohiteclurel consultant. The approved FlnatSite Plan is attached as 6rhlbit "B" to the Development Agreement" ENVIRONMENTAL IMPACT ANALYSIS: (21) Staff has reviewed the Initial Study/Addendum prepared for the protect end ftrtda that the CEQA Second Addendum to the previously-certified Platinum Triangle Ftrtal SEIR, is .adequate to serve as the required environmental dacumentatidn. FINDINGS: (22) Before the Commisslon grants any conditional use permit, it must make a taxiing of fact that the evidence presented shows that all of the following cdndUione exfaC (a) That the use is properly one for which a conditional use: permit fa authorized by the Zoning Coda, or is an uhlisted use as defined m Subsectidn :030 (UNisted Uses Perrnifted) of Section 18.88.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land ,uses or the growth and development of the area In whk:h it Is proposed to be located; (c) Thet 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 arse or to the health and safety; (d) That the traffic generated by the use will not Impose en undue burden upon the streets end highways designed and Improved to carry the traffic In the area; and (e) ' That the gren8ng of the conditonal use permit under the condlUona Imposed, If any, will not be deMmental to the health end safety of the ci4lzens of the City of Anaheim. Page 5 - ~. ._ _ tall Report to the Planning Commisslon April 30, 2007 Item No. 4 (23) The Planning Commisslon Is required to make a recommendation to the City Councll_ reletlve to the proposed Development Agreement. The Planning Commisslon must determine whether the applicant has demonstrated eligibility to enter into the Development Agreement by flhdtng the protect satisfies one or more of the ellg16111ty requirements set forth below: . (a) That the project shall occupy at least 50 acres; or (b) That, upon cgmpletlon, the protect shall result In the conshucflon of at least 250 dwelllhg units, 250,000 square feet of commercial-office space, or 250,000 square feet of industrial space; or (c) That the protect will be constructed in phases over an anticipated period of not less than 5 years;br (d) That a protect shall be eligible if the Planning Director finds that the public health, safety or geheral welfare of the clflzens of Anehelm.wlll best be served by accepting an application for consideration by the Planning Commisslon and Clty Council. The Commission must also determine whether the proposed Agreement Is consistent with the Generel Plan, compatible with"the uses authorized in and the regulations prescribed for" the applicable zoning district, compatible with thebrderly developmentot property in the surrounding area; and not otherwise deMmental to the health; safety and generel welfare of the hllizensbf Anehefm: _ - (24) The State SubdNision Map Ad (Govemmant Code, Secflofi 88473.5) makes it mandatory to Include in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with Its design end improvement Is "consistent with the City's General Plan. Further, the law requires that the`Commissfon make any of the following fladings when denying or recommending dental of a tract map: 1. .That the proposed map is not consistent with applicable General and Specific " Plans. , 2. That the design or Improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3: That the site is not physically suitable for Iha type of development.' 4. That the site is not physicaly suitable for the proposed density of development. 5 ' That the design of the subdivision or the proposedlmprovements are likely to cause substantial environmental damage or substantially and avoidably Injure fish or wildlife or their habitat 6: That the design of the subdNlslon or the type of Improvements Is likely to cause serious public health problems. 7: That the design of the subdNislon or the type of Improvements will conflict with . easements, acquired by the public at large, for access through or use of property within the proposed subdNision. Page 6 m~ tall Report to the - Planning Commission April 30, 2007 Item No. 4 RECOMMENDATION: (25) Staff recommends that the Planning Commission take the following actions as Ihdicated in the attached resolutions and excerpts, including the findings and conditions contained therein: (a) By motion, recommend that the City Council deterrnlne that previously-certified SEIR No. 332 and Its Second Addendum are adequate to serve as the required environmental documentation for ihis project. (b) By resolution, a rove Conditional Use Permit No. 2006-05138: (c) By resolution, recommend to the City Council that Development Agreement No. 2006?00003 be eooroved and entered Into by the City of Anaheim and Orangewood Platinum Investors, LLC. (d) By motion, a rove Tentative Trail Map No. 16908. Page 7 -- ~` - -- RESOLUTION NO. PC2007-43 - ---- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT N0.2006-00003 BY AND BETWEEN THE CITY OF ANAHEIM AND ORANGEWOOD PLATINUM INVESTORS, LLC, AND. MAKING CERTAIN FINDINGS RELATED THERETO (2211 EAST ORANGEWOOD AVENUE) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Tlde 7 (commencing with Section fi5864) of the Government Code of the State of Callfomla {hereinafter the "Statute") authorizes a city to enter Intc a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in said Statute; and WHEREAS, upon request of an applicant, cities are required to establish procedures end requirements by resolution or ordinance far the conslderetion of development agreements; end WHEREAS, the City cf Anaheim (hereinafter the "City") heretofore on November 23,'1982, :enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance")which makes the Clty subject to the Statute; end WHEREAS, pursuant to subdivision (c) of Section 65865 of.tha Statute; the City'heretofore on November 23, 1982, adopted Resdlugon No. 82R-565 (hereinafter the "Procedures Resolution") establishing procedures and requirements for the consideration of development agreements upon receipt of an application by the City; and WHEREAS, the Anaheim General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana . Freeway (Interstate 5) on the west, and the Southern Callfomla Edison Company Easement on the north (hereinafter referred to as The Platinum Triangle"); and WHEREAS, In order to carry out the goals end polices of the General Plan For The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 20D4-177, approving The Platinum Triangle Master Land Use Plen; and. WHEREAS, on August 24, 2004, the City Council established the Platinum Triangle Mixed Use (PTMU) Overlay Zone by adopting Ordinance No..5378 and reclassified certain properties within The Platlnum Triangle into the PTMU Overlay Zone by Ordinance No. 5936 and that said ordinances have. subsequently been amended; and. WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004.179, approving the form of the Standard Development Agreement for The Platinum Triangle PTMU Overlay Zone; and WHEREAS, the RTMU Overlay Zona requires an approved Final Site Plan and a Development Agreement between the properly owner and the City of Anaheim to Implement ell development ircthe Katella, Gene Autry, Arena and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt under the Code; and WHEREAS., on April 30, 2007, the Planning Commission recommended that the Clty Council approve General Plan Amendment No. 2006-00449, an Amendment to the Platinum Triangle Master Land Use Plan (MIS2007-00187) end Zoning Code Amendment (ZCA2007-00057) to Increase the maximum Cr`PC2007-43 -1- PC2007-43 number of dwelling units In the Gateway District from 2,075 to 2,142 and the maximum number of dwelling units In The Platinum Triangle from 9,500 to 9,567; and WHEREAS, on March 3, 2007, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement LeW ), , Orangewood Platinum Investors, LLC ("Owner"), submitted an application to the Planning pepertment far approval of Development Agreement No. 2006-00003 (the "Application"), which Included a proposed development agreement (hereinafter referred to as the "Development Agreement") prepared In conformance with the Standard Development Agreement for The Platinum Triangle to vest certain protect entitlements end address the Implementation of the Orangewood Condominiums Protect located x1221 T East Orangewood Avenue in the Gateway District of the PTMU Overlay Zone, as fudher described In Exhibit A to this resolution; and. WHEREAS, Applicant desires todovelop the Properly In accordance with the provisions oP the Development Agreement by developing x341-unit residential condominium project, as more particularly set forth in Final Site Plen No. 2006-00008, Canditlonal Use PermiCNo. 2005-05138, and Tentative Tract Map Nc, 16908 (hereinafter collectively referred to as the "Orangewood Condominiums Protect"); and WHEREAS, on Aprli 23, 2007, the Planning Director approved Final Site Plan No. 2006- 00008 to provide far fhe development of the Orengewdod`Cohdominlums Protect, contingent upon the approval of General Plan Amendment No, 2006-00449, Mlscellanebus Permit No. 2006-00187, Zoning Code Amendment No. 2007-00057, Conditional Use Permit No. 2006.05436, Tentative Tract Map No. 16908 and Development Agreement No. 2006-OOD03, by the Planning Commission and City Council; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 2007, at 2:30 p.m.; notice of sold public hearing having been duly given as required by law and In accordance with the provisions of the Anehelm Municipal Cotla, Chapter 18.60, tb hear and consider evidence for and against said Development Agreement and to investigate and make findings and recommendations in connection therewith; end WHEREAS, the Applicant has demonstrated that the Protect meets the eligibility requirements of the Procedures Resoluton to enter Into the Development Agreement by showing that, tipon completion, tho ProJact will result In the construction of 341 dwelling units within a period of not more than five (5) years; and WHEREAS., said Commisslon, after duelnspectlon, investigation and study made by Itself and In Its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, does Flnd and determine that the Development Agreement meets the following standards set forth in the Procedures Resolution: 1. .That the Protect Is consistent with the City's General Plan, es amended by General Plan Amendment No. 2006-00449, in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, pol(cies and obJectives for The Platinum Triangle as set forth in the General Plan. 2. That the Project is compatible with the uses authorized In and the regulations prescribed for the applicable zoning district In that the Protect Is in compliance with the PTMU Overlay Zone requirements as set forth In Final Slte Plan No. 2006-00008, which was approved by the Planning Director, and General Plan Amendment No.2008-00449, Mlscelleneous PermflNo. 2006-00187, Zoning Code Amendment No. 2007-00057, Condlilonal Use Permit 2006-05138 and Tentative Tract Map No. 16908., which was recommended for approval by the Planning Commisslon on Apol 30, 2007. 3. That the Protect Is compatible with the orderly development of property.in the surrounding area In that it is in conformance with and Implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements, as proposed for amendment per Amendment to the Platinum Triangle Master Land Use Plan (MIS2007-00187) and ZCA2007-00057. -2- PC2007-43 l 4. That the Protect Is not othervvlse detrimental to the health :and safety of the c(tizens of the Clly of Anaheim. 5. That the Development Agreement constitutes a lawful., present exercise of the Clly's police power and authority under the Statufe, the Enabling Ordinance and the Procedures Resolution. 6. That the Development Agreement is entered Into pursuant to and In compliance with Its charter powers and the requirements of Section fi5fi67 of the Statute, the Enabling Ordinance and the Procedures Resolution. 7. That no one indicated their presence et said public hearing {n opposition; and that rio correspondence was received In opposition to the subJect petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Plenning Commission has reviewed Development Agreement No. 2006.00003 • to adopt a Development Agreement between the CIty of Anaheim end Orangewood Platinum Investors, LLC fora 341-unit resldentiel condominium protect and did fihd and deterrnine, by motion, pursuant to the provisions of the Cai'rfomie Environmental Quality Act ("CEQA"), based upon Its Independent review and conslderaUon of an Inttlal Sfudy/Addendum conducted pursuant to CEQA for the Development Agreement, end the requirements of CEQA, Including Section 21166 of the Callfomla Public Resources Code and Section 15162 of the CEQA - Guidellnea, and the evidence received at the public hearing, that previously-certified FSEIR No. 332 and Its Second Addendum with the Updated end Modified Mitigation Monitoring Progrem No. 106A end Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for this Development Agreement and atisfy all of the requirements of CEQA, and thetno further environmental documentallon need be prepared for this Development Agreement. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Plenning Commission does hereby recommendto the Clty Council the approval of the Application and the Development Agreement. April 3D, 2007. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BYELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007-43 J STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM 1 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 an Aprll 30, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES IN WITNESS WHEREOF, 1 have hereunto set my hand this day of 2007. (ORIGINAL SIGNED BY ELEANOR MORRISI SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007-43 EkHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY The easterly 272.67 feet of the westerly 1304.60 feet of the south 667.79 feet of Lot 3 of Tract No. 71, In the city of Anaheim, County of Orange, state of Califomla, as per map recorded In book 10, page 22 of Parcel Maps, In the Office of [he County Recorder of Orange County, California. APN: 063-270-48 -5- pC2007-43 PNnN IM \(' ion ;D. \P, (u' a ~~:. ;, ` `~~DED i9h ATTACHMENT N0.3 COUNCIL AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: NNE 5, 2007 FROM: PLANNING DIRECTOR SUBJECT: DEVELOPMENT AGREEMENT N0.2006-00003 (ORANGEWOOD CONDOMINIUMS-2211 EAST ORANGEWOOD AVENUE) ATTACHMENT (Y/1~: YES ITEM # 50 RECOMMENDATION: That the City Council take the following actions: (a) By motion, find and determine that FSE1R No. 332 and its Second Addendum are adequate to serve as the required environmental documentation for this request, (b) Introduce an Ordinance adopting Development Agreement No. DAG2006- 00003 between the City of Anaheim and Orangewood Platinum Investors, LLC; and, authorizing the Mayor to execute the agreement on behalf of the City. 200 5. Anaheim Blvd. Suite #162 Anaheim, CA 92005 Tel: (714) 785-5139 Fax: (714)765-52a0 www.anahaim:net The applicant proposes to construct a 6-story, 341-unit residential condominium project on a 3.8-acre site in The Platinum Triangle Gateway District. The project would include two separate buildings with a maximum height of 77 feet. Parking would be provided in a subterranean pazking shvcture. Recreational amenities would include six common outdoor spaces with features such as a zero-edge plunge pool and spa, cabanas, outdoor fire pits, an outdoor kitchen, and water features and fountains. Other common recreation azeas include a fitness room, multi-purpose room, lounge with baz, and a business center. The project also includes the construction of a new public street. The Planning Director has determined that the Final Site Plan, contained in the Development Agreement as Exhibit "B," is in conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan and has approved the final site plan, subject to City Council approval of the development agreement. On Apri130, 2007, the Planning Commission approved a conditional use permit to modify minimum setbacks to allow encroachments into the setback azea for one electrical transformer pad on Orangewood Avenue and one at the end of the proposed public street, and a small portion of the building adjacent to the proposed cut-de-sac. DEVELOPMENT AGREEMENT NQ 2006-00003 (ORANGEWOOD CONDOMINIUMS) Tune 5, 2007 Page 2 of 2 The Commission also approved the associated tentative tract map to create the airspace, condominium subdivision, and recommended approval to the City Council of the development agreement. Project construction is anticipated to commence in Spring 2008. IMPACT ON BUDGET: There is no impact to the General Fund. Respectfully submitted, Sheri Vander Dussen Planning Director Attachments: I. Ordinance DAG 2006-00003 2. Development Agreement No. 2006-00003 3. Location map 4. Aerial map 5. Planning Commission Staff Report and Resolutions 6. Final Site Plan Exhibits ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT , AGREEMENT NO. 2006-00003 BY AND BETWEEN THE CITY OF ANAHEIM AND ORANGEWOOD PLATINUM INVESTORS, LLC (ii) MAKING CERTAIN FINDINGS. RELATED THERETO, AND (iii) AUTHORIZING: THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. WHEREAS, Article 2,5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of Califomia (hereinafter "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City of Anaheim (hereinafter the "City"), as a charter city,.. heretofore enacted Ordinance No. 4377 (hereinafter "Enabling Ordinance") on November 23, 1982, making the City subject to the. Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution") establishing procedures and requirements .for consideration of development. agreements upon receipt of an application by the City; and WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration: and approval of the General Plan. Amendment,. amendment of the City's zoning code, and a series of related actions; and WHEREAS, the General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820-acre azea generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (interstate 5) on the west, and the Southern Califomia Edison Company Easement on the north ("The Platinum Triangle"); and WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution. No. 2004; .177, approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and WHEREAS, to further implement the goals and policies of the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on August 24, 2004, the City Council adopted Ordinance No. 5935 amending Title l8 of the Anaheim Municipal Code to establish zoning and development standards for the Platinum Triangle Mixed-Use (PTMU) Overlay Zone (the "PTMU Overlay Zone"} and Ordinance No. 5936, amending the zoning map to reclassify approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality, well-designed development projects that could be stand-alone projects, or combined residential and non- residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area; and WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a Development Agreement between the property owner and the City of Anaheim to implement all development in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt under the Code; and WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004- 179, approving the form of the Standard Development Agreement for the PTMU Overlay Zone; and WHEREAS; on October 25, 2003, the City Council certified Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified ` Mitigation Monitoring Ptogram No. 106A in connection with its consideration of General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-000036, Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005-00115 to rescind, in part, the Resolution of Intenfpertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134; and. WHEREAS, on March 3, 2007, pursuant to the Statute, the Enabling Ordinance; and the Procedures Resolution (hereinafter' collectively referred to as the "Development Agreement Law"), Orangewood Platinum Investors, LLC, (hereinafter "Applicant"); submitted an application to the Planning Department for approval of Development Agreement No. 2006- 00003 (hereinafter the "Application"), which included a proposed development 'agreement (hereinafter the "Development Agreement") prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation ofthe Orangewood Condominiums Project; and' WHEREAS, the Development Agreement pertains to approximately 3.81 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 2211 East Orangewood Avenue, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Property"); which i5 located in The Platinum Triangle and zoned PTMU Overlay (Gateway District); and WHEREAS, the Applicant desires to develop the Property in accordance with the provisions of the Development Agreement by developing a 341-unit residential condominium project, as more particuiarly set forth in Final Site Plan No. 2006-00008, Conditional Use Permit 2 No. 2005-05138, and Tentative Tract Map No. 16908 (hereinafter collectively referred to as the "Orangewood Condominiums Project"); and WHEREAS, on Aprit 23, 2007, the Planning Director approved Final Site Plan No. 2006-00008 to provide for the development of the Orangewood Condominiums Project, contingent upon the approval of General Plan Amendment No. 2006-00449, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2007-00187), Zoning Code Amendment No. 2007-00057, Conditional Use Permit No.2006-05138, Tentative Tract Map No. TTM 16908 (hereinafter referred to collectively as the "Discretionary Actions") and Development Agreement No. 2006-00003; and WHEREAS, the City Planning Commission did hold a public heazing at the Civic Center in the City of Anaheim on April 30, 2007, at 2;30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said Development Agreement and said Discretionary Actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the City Planning Commission, by its Resolution No. PC2007-43, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2006-Op003 and that the Agreement meets the criteria set forth in the Procedures Resolution and has recommended to the City Council that said Development Agreement be approved; and WHEREAS, the City Council did hold a public hearing upon the Development Agreement, notice of said public hearing having been duly given as required by law; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council, as lead agency for the Development Agreement, by motion, did find and determine, based upon its independent review and consideration of an Initial Study/Addendum conducted pursuant to CEQA for Development Agreement No. 2006-00003 and said Discretionary Actions, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public heazing, that previously-certified FSEIR No. 332 together with its Second Addendum and Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 136 aze adequate to serve as the required environmental documentation for the Development Agreement and said Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepazed for this Development Agreement or said Discretionary Actions. WHEREAS, the Applicant has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the construction of 341 dwelling units within a period of not more than five (5) years; and WHEREAS, the City Council of the City of Anaheim, after due inspection, ` " investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, including the evidence presented at the Planning Commission meeting and Planning Commission Resolution No. PC2007-39, does Find upon review of the land use aspects of the Development Agreement: 1. That the Project is consistent with the City's General Plan, as amended by General Plan Amendment No, 2006-00449, in that it is in conformance with the Genera] Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan. 2. That the Project is compatible with the. uses authorized in and the regulations prescribed for the applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements as set forth in Final Site Plan No. 2006-00008, which has been approved by the Planning Director, and Conditional Use Permit No. 2006-00449 and Tentative Tract Map No. 16908, which were approved by the City Planning Commission on April 30, 2007. 3. That the Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements, as proposed for amendment per Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00187) and Zoning Code Amendment No. 2007-00057. 4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. That the Development Agreement is entered into pursuant to and in compliance with i[s charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Development Agreement No. 2006-00003 be, and the same is hereby, approved. 4 SECTION 2. That the Mayor be, and is hereby, authorized to execute said Development Agreement for and on behalf of the City. THE FOREGOING ORDINANCE was introduced at a regulaz meeting of the City Council of the City of Anaheim held on the day of , 2007, and thereafter passed and adopted at a regulaz meeting of said City Council held on the _ day of 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: MAYOR OF THE CITY OP ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 66564.v1/MGordon 5 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY The easterly 272.67 feet of the westerly 1304.60 feet of the south 667.79 feet of Lot 3 of Tract No. 71, in the city of Anaheim, County of Orange, state of Callfomia, as per map recorded in book 10, page 22 of Parcel Maps, in the Office of the County Recorder of Orange County, Callfomia. APN: 083-270-48 ite~, z Item No.: I SMALL INDUSTRIAL ._^ FIRMS r, 0 I I vj VOCATIONAL I 0; SMALLOFFl CEPARK OFFICE p SGHOOL BUILDING ~° ~ ~~', ®° U~ ~~ DRIVE ~B ~~- I ° C-G UA I I g . OFFICE ~' OFFICE BLDG o I ' BUILDING ITjp° 4 ' ZY 3 ; ,Q° IMP I ~ ER AL C-G THEATER DEL TACO 3 ° W D __ ~ RCL 73-7465 (7) ~ F • rs~ RCL 52 53-8 ~ d =T•CUP 200E-05115„x+ ' ~ e I e T-CUP 2002-09599 •* C-G ~, T-CUP 2001-04438 "* - Q ~APPUANCE SHOP , , WOODLAND %g~7-CUP 2001-04429* ~_+ CUP 2001 ~' T D4371t~' ' ~ N Q ---- -• FIp,7,q - - X•T-CUP 2000.04255 ~ _J - " CUP 3935 +r °~ O --------- ?~ < CUP 1462 - :%i• ~`"'I ``e ~ bAR 2004.04637 `~ ~`MAGNOLIAPLAZA `ia (7 I MEDICAL CLINIC ,TACK INTHE BO% I SMALL INDUSTRIAL FIRMS C-G SERVICE STATION LA PALMA AVENUE ~ --- 0. ~C' SERVICE DRIVE THRU SMALL SHOPS STATION RESTAURAN April 28, 2008 Subject Property Conditional Use Permit No. 3935 (Tracking IVo. CUP2006-05115) 1125 North RESTAURANT I BUILD~NG I ~.. I i I Avenue PARK ; I RM-0 MAGNOLIA PLAZA APARTMENTS 1os1s ~ SERVICE STATION mv® April 28, 2008 Subject Property Conditional lJse Permit No. 3935 (Tracking IVo. CUP2t)06-05115) 1125 North Magnolia Avenue ~os~s Aerial Photo: rr~ ,IuIV 2066 ~"iC"'d'AC ENT N®. 1 PItO.TECT S Y CORIIBITIOI0'E1I. IJSE PERMIIT 1V0.2006-05115 Parking Categogy ~~ Suate ~ ~ ~~ Amorant Code , ~ ;Spaces ~~ R~. uirement Re wired Restaurant and Banquet 215, 230 8 630 s.f 8 spaces per 1,000 69 Facility Bomba Club) , s.f. Professional Office Use 200 2 986 s.f. 4 spaces per 1,000 12 , s,f. Proposed Conversion of 100, 105, 120, 5 755 s.f 6 spaces per 1,000 35 Offices to Medical Uses 130 , s.f. Existing Medical Uses 110, 115 5,237 s.£ 6 spaces per 1,000 32 s.f. Total 148 ATTACHMENT N0.2 RESOLUTION NO. PC20D2-144 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0.3935, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-92, AS AMENDED, ADOPTED THEREWITH WHEREAS, on June 21, 1897, the Anaheim City Planning Commission did, by Its Resolution No. PC97-B2, grant Condltlonal Use Permit No. 3935 to permit a 2,875 sq.ft. restaurant and 5,780 aq.R, banquet facility with an-premisea sale and consumption of alcoholic beverages at 1125 North Magnolia Avenue and waiver of minimum number of parking spaces {132 specea required, !D4 spaces proposed); end that Condition No. 23 of said resoluflon specified that the use permit would explra in one year on July 21, 1998; end WHEREAS, on August 31, 1998, the Planning Commission did, by Its Resolution No. PC9B- 737, reinstate Condltlonal Use Permit No. 39351ncluding the parking waiver and emend Condition No. 23 to specify that the use permit would explra Ih one yearon July 21, 1999; and WHEREAS, on August 2, 1999, the Planning Commlaslon did, by Its Resolution No. PC99- 148, reinstate Condltlonal Uae Permit No: 3935 end emend CondRloh No, 23 to specify that the use psrmft would explra an July 21, 2000; and WHEREAS, on September 25, 2000, the Planning Cammisslon did, by Its ResolutlonNo. PC2000-112, reinstate CondHlonel Use psrmft No. 3935 and amend the conditions of approval In their entirety Including Condition No_ 1 which specifies that the use permlFwould one year after the Building D(vislon Issues the Certificate of Occupeney, end WHEREAS, on June 29, 2001; the Building Division Issued the Certificate of Occupancy and, therefore, this use permit expired on June 29, 2002; and WHEREAS, this property Is deveieped with a 28,64D square foot commerGel offlee building, includln9 Shehnai Culslne of India Restaurant and Banquet Hell, and a 1,886 sq.ft. auxiliary storage 6upding; that the zoning Is CL (Commercial, Limited); that the Anaheim General Plen designates the property for Geneal Commercial land uses; and thai the property is located within the West Anaheim Commercial Corridors Redevelopment Protect Area; and WHEREAS, the petlDoner has requested reinstatement of this conditional use permit to retain the 2,875 sq,ft. resiaurent and. 5,780 sq.ft, banquet facility with on-premises sale and consumption of alcohelie beverages at 1125 North Megnella Avenue wlih waiver of minimum number of parking spaces. pursuant to Code Section 18.03AB3 of the Anehelm Municipal Code; and WHEREAS, the City Planning Cammiselon did hold a public hearing et the CividCenter In the City of Anehelm on September 23, 2002, et 1:3D p.m., notice of Bald public hearing having been duty given as required by law and in accordance with the provisions of the Mahelm Municipal Code, Chapter 18.03., to hear and consider evidence for and against sold proposed amendment end to Investigate end make findings and recommendedons in connection therewfth; and ' WHEREAS, saki Commission, after due inapectlon, inveeilgetlon end study made by Itself end in its behalf, and after due consideretion of ell evidence end reports offered at said hearing, does find and determine the following facts! L That the use, es proposed to be retained, Is properly one for which a conditional use permit is authorized by the 2aning Code. 2, That the proposal; under the conditions. Imposed, will not adversely effect the adJolning land uses end the growth and development of the area In which h Is located, Tracking Nc. CUP2002-04599 CR5489DM -1- PC2002-144 3. That the size and shape of the site for the proposal, under the condttoona Imposed, is adequate fo allow full development of the use In a manner not detrimental to the perdculer area nor to the peace, health safety and general welfare. 4. That the traffic generated by the proposal, under the eonditrohs Imposed, will not impose an undue burden upon the sheets and highways designed and Improved to carry the treiflc in the area 5. That grenting this reinstatement, under the eondltlons Imposed, will not be detdmental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; that there are no outstanding Code violations or complaints regarding this use and the conditions of approval are being complied with; and that the Poilce Department Is not opposed to reinstating the use because of the low number of calls for service: 8. That this conditional use permit Is being exercised in substantially the same manner and In conformance with ell conditions and stipulations originally approved by the Planning Commission. 7. That ho one Indicated their presence at the public heertng Iropposition to the proposal; and that no corespondance was received in opposition. ` CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to relnstete ihie conditional use pertnif and to modify or delete the wndition of approval pertaining to a time Ilmltatlon to retain a prevloualy-approved restaurant and banquet facil[ty with on-premises sale end consumption of alcoholic beveregea and with waNer of minimum number of parking spaces on property consiaflng of 1.5-acre having a frontage of 280 feet on the westside of .Magnolia Avenue and a mezimum depth of 260 feet, being located 260 feet north of the centerline of La Palma Avenue, and further deecrlbed as 1125 North Magnolia Avenue (Shehnel Cuisine of India Restaurant and Banquet Hall); and does hereby find that the NegeiNe Deelaretloh previously approved In connedien with Conditional Use Permit No. 3935 Is adequate to serve as the required environmental documenta9on In connecton with this request upon finding that the dederetlon reflects the Independent judgment oP the seed agency end that It has considered the previously approved Negative Declaration together with' anycomments received during the public review process and further flnding on the basis of'ihe inttlal study and any comments received that there is no aubstantlel evidence that the protect will have a significant effect on the anvlrohmenk NOW, THEREFORE, 8E IT RESOLVED that the Anaheim City Plenning Commisaloh does hereby amend Resoluflon No. PC20D0-112, adopted in connection with Condltlcnal Use Permit No. 3935, to relnstete and approve this condiflonal use permit; and BE IT FURTHER RESOLVED that the Plenning Commission does hereby amend the conditions bf approval in their entirety to read es follows: 1. That this conditional use permit shall expire on December 29, 2D05. 2: That trash storage area(s) shelf be maintained in Iocatlon(s) acceptable to the Public Works Department; Streets end Senltatlon Division, and in eccordahce with approved plans on Elie with said Department Seld storage area(s) shell be designed, located end screened so as not to be readily Idenflflable from adjacent streets or highways. Clinging ulnae planted on maximum three (3) foot centers or tali shrubbery shall be maintained adjacent to the trash endosure(s). 3. That this establishment shell be operated as a "bone fide public eaflhg place" as defined by 3edion 23038 of the Celifomla Business and Professions Code. 4. That there shall not be any off-street or walk-in sale of alcoholic beverages; and that the service of alwhol(c beverages shall at banquets in the banquet facility only, end not In the restaurant. 5. That subJect alcoholic bevarege iicsnae shall not be exchanged for a public premises (bar) type license, nor shell the establishment be operated es a'public premises' as defined In Section 23039 of the Cellfomla Business end Professions Cade. fi. That the sale of alcoholic beverages for consumotlon off the oremises shell be prohl6lted. -2- PC2602-144 - C 7. That there shall be no exterlor edveAlsing of any kind or type, including advertising directed to the exterlor from Inside the premises, promoting or IndlcaUng the evelleblllty of alcohol beverages, with the exception of one (1) sign IndlceUng "cocktella " 8. That the activities taking place In conjunction with the operation of this establishment shall not cause Holes disturbance to aurrounding properties.. 9. That there shall be no pool tables orcoin-operated games maintained upon the premises at any time, 10. That the parking lot serving the premisas shall be malrrtalned with Ilgnting of sufflclent power to Illuminate and make eestly dlaremible the appearance and conduct of all persona on or about the perking lot. Seld Ilghting shall be directed, positioned and ehieided In such a manner so as not to unreasonably Illuminate the windows of nearby businesses. 11. That, es stated by the petltloner. (a) The hours of operation for the restaurant shell be limited to 11 a,m. to 11 p.m., seven (7) days per week; end (b) The houre of operation for the hanquet fadllity shell be limited to 6 e.m. to 11 p,m. (weekdays) end 11 a.m. to 11 p,m. (weekends), , 12. That , as apecHied by the City Traftic and Trensportetlon Manager: (a) A maximum capacity of sixty (80) persons shall be allowed for the banquet facility during the houre of B a.m. to 5 p,m.; and (b) A maximum capacky of two hundred thirty (230) persona shall be allowed for the banquet facility during evening hours after 5 p.m. 13. That at all times when antartelnment or dancing is permitted, security shall be provided to the setlsfedlon of the Anaheim Pclice Department to deter unlawful wnduct on the pact of employees or patrons, end to promote the safe and orderly assemby and movement of persons and vehicles, end to prevenfdisturbence to the neighborhood by exceaelve noise created by patrons entering or leaving the premisas. 14. That all doors serving aubJect restaurant shell conform to the requirements of the Unlfann Fire Code end shall be kept closed and unlocked at all Umea during houre of operetton except for Ingress/egress, deliveries, and in cases of emergency. 15. That there shall ba no puhlic telephones on the property that are located outside the building end within the control of the applicant, 16. That granting of the parking waiver is contingent upon operation of the approved use In conformance with the assumptions relettr~g to the operation end Intenelty of use es contained in the perking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying ar othenvlae deviating from any of said assumptions, as contained In the parking demand study, shall be deemed e violation of the expressed conditions Imposed upon said waiver which shall subject this canditlonal use permit to termination or madificetion pursuant to the provislone of Sections 16.03.091 and 19.03.092 of the Anaheim Municipal Code. 17, That a valid City of Anaheim business license shall be obtained from the Business License Division of the Finance Department. 16. That signage for subject Facility shell be Ilmited to that shown on the exhibits submitted by the petitioner and approved by the Planhing Cammisalon. Any additional signs shall be subject to approval by the Commieslon as a "Reports and Recommendations" item end shell comply with ail signing requirements of the CL (Commercial, Limited) Zone unless a variance allowing sign waivers Is approved by the Planning Commlaslon or City Ccuncli. -3- PC2002-144 19. That three (3) foot high street address numbers shell be malnfalned on the roof of the building In e contrasting color to the roofing material, and such numbers shall not to be visible to the ground level., 20. That window signs shall not be permitted. 21. That the applicant shall be responsible for malntalning the premises free of litter at all times. 22. That no harmers, pennants or balloons shall be pemtlded unless a Special Event Permit la firet ohtalned. Rcaf-mounted balloons shall not be pemtitted at anytime. 23. That no vending machines shall be visl6le to any public right-of-way: 24. That any tree planted on-site shall be replaced in a tlmery manner In the event that G is removed, damaged, diseased end/or dies. 25. That the property shall be pennanenlly maintained In an ordedy fashion by providing regular landscape malntenence, removal of trash or debds, and removal of grafntl within lwehty-four (24) hours from tlme of occurrence. 26, That sub)ect property shall be developed aubstantfelty in accordance with plans and specificetlons submitted to the Clty of Anaheim by the petitioner end which plans are on file with the Planning Department marked Exhibit Nos. 1, 2.a, 2.b, 3 and 4; and as condllloned herein. 27. That approval of ihis applicellon constHules approval of the proposed request holy to the extent that tt compiles with the Anaheim Municipal Zoning Code and any other applicable City, State and Fedarel regulations. Approval does not Include any aetlon or findings es to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement 7HE FOREGOING RESOLUTION was adopted at the Planning Commission mee0ng of September 23, 2002. IOriginai aiQned by Paul Bostwlchl CHAIRPERSON, ANAHEIM CRY PLANNING COMMISSION ATTEST: f~lginel signed by Fernandeal SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Femandas, Secretary of the~Anehelm Clty Planning Commission, do hereby certify that the foregoing resolution was passed and adapted et a meeting of the Anehelm City Planning Commission held an September 23, 2002, by the followin8 vote of the members thereof: AYES: COMMISSIONERS; BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS; NONE ABSENT: COMMISSIONERS; BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2002. {Ori(Sleal el~ned by Fee SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2002-144 ,aF.~,~ ~.,_ t C/; O 4 I_~ F ~~_, ~~ ~ ~-~ i ~=~I'I ~, _ .i City of Anaheim P®LICE DEPARrTE1VT Special Operations Division To: I{imberly Wong Planning Department From: Sergeant Allan Roman Vice Detail Date: December 27, 2007 Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765.1665 RE: CUP 3935 Bombay Club 1125 N. Magnolia Ave Anaheim, CA 92801 ATTACHMENT N0.3 The Police Department received an I.D.C. Route Sheet for C.U.P. 3935 This applicant is requesting to reinstate a banquet and restaurant facility. The location is within Reporting District 1417, which. has a crime rate of 56 percent below average.. They already own the ABC license for this locatioh. The Police Department does not oppose this request. We expect that all other modes of operation are to remain the same since we don't have a request for other changes to daily operation. We request that all previous conditions on their CUP remain the same: 1) At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such .restaurant, 2) There shall be ho bar or lounge area upon the licensed premise maintained for the purpose of sales, service, or consumption of alcoholic beverages directly to patrons for consumption. 3) There shall be no pool tables or amusement devices maintained upon the premises at any time unless the proper permits have been obtained from the City of Anaheim.. 4) That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public :premise as defined in Section 23039 of the Business and Professions Code. Memorandum Kimberly Wong Bombay Club 5. The gross sales of alcoholic beverages shall not exceed 40. ' percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 6. There shall be no live entertainment, amplified music or dancing permitted on the premise without the proper permits from the City of Anaheim. 7. The sale of alcoholic beverages for consumption off the premise shall be prohibited: 8) There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 9) The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties: 10) There sfiall be no admission fee; cover charge, nbr minimum purchase required. 11) That the parking Idt serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unseasonably illuminate the windows of nearby residences. 12) That the business operator shall comply with Section 24200.5 of the Business and Prdfession,Code sd as not to employ or permit any persons to solicitor encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 13) That all doors serving subject restaurant sfiall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency., Page 2 Memorandum Kimberly Wong Bombay Club 14) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 15) Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) Please contact me at extension 1451 if you require further information. f:\home\mmirvvinlCUP 3935 Bombay Club.doc Page 3 MEMORANDUM CITY OF ANAHEIM Camnumiry Preservatio~i Division DATE: NOVEMBER 30, 2007 TO: KIMBERLY WONG, PLANNER FROM: JIMMY HOANG #1022, CODE ENFORCEMENT OFFICER SUBJECT: 1125 N. MAGNOLIA AVENUE On November 30, 2007, I conducted an inspection of the property located at 1125 N. Magnolia Avenue. The inspection was in regazds to a request for a reinstatement of a C.U.P. (CUP3935, tracking case no. CUP2006- 05115). Upon inspecting the property, all provisions for the reinstatement of this conditional use permit have been met except for. provisions #5, 6, 11, 12, 13, and 14. For provisions #5 and 6, I was unable observe any sale of alcoholic beverages on the property and I was unable to ensure that any sale of such beverages for consumption off the premises shall be entirely prohibited. For provisions #11 and 12, I was unable to verify that the hours of operation for the restaurant shall be limited from 11 a.m. to 11 p.m. Furthermore, I was unable to verify that the hours of operation for the banquet facility shall be limited to 6 a.m. to 11 p.m on weekdays and 11 a.m. to 11 p.m. on weekends. Provision #13 is being handled by the Anaheim Police Department to ensure that security is provided on the property to promote the safe and orderly assembly of patrons. For provision #14, the Fire Department will be inspection to ensure that all doors shall conform to the requirements of the Uniform Fire Code. A search of the Community Preservation Division Records revealed that there were eleven (11) prior cases in the past regarding Anaheim Municipal Code violations. In September 2002, there was a case for an unpermitted banner which was closed out the very same month. In April 2003, there was a sofa being stored by the trash bin and pot holes in the parking lot. The violation was corrected in May 2003. In May of 2003, there was a case regarding trash cans being stored in public view. The case was closed out the same month. In October of 2003, there was a complaint regarding access to the electrical meter being blocked. The violation was corrected the same month. In April 2005, there was a case regarding pot holes on the property. The case was closed out the same month. In June of 2005, there were 2 separate cases regarding no Business License for the property. The violations were corrected the same month. Also in June of 2005, there were three separate cases regarding unpermitted flags and banners. The cases were closed out the same month. In June of 2006, there was a case regarding another unpermitted bammer on the property. The case was closed out the same month. if you have any further questions, please contact me at ext. 44$2. Thank you. Jimmy Hoang Code Enforcement Officer #1022 jhoang(ct~anaheim.net ATTACHMENT NO. 4 [DR,4FT] RESOLUTION NO. PC2008-** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3935 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2002-144, AS AMENDED, ADOPTED THEREWITH (TRACKING NO. CUP2006-05115) (1125 NORTH MAGNOLIA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition For Conditional Use Permit for certain real property in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, on June 21, 1997, Resolution No. PC97-92 was adopted by the Planning Commission approving Conditional Use Permit No. 3935 to permit a 2,875 square foot restaurant and 5,760 square foot banquet facility with on-premises sale and consumption of alcoholic beverages with waiver of minimum number of pazking spaces and that the use permit would expire on July 21, 1999; and WHEREAS, on August 2, 1999, Resolution No. PC99-146 reinstated Conditional Use Permit No. 3935 and amended conditions to specify that the use permit would expire on July 21, 2000; and WHEREAS, on September 25, 2000, Resolution No. PC2000-112 reinstated Conditional Use Permit No. 3935 and .amended the conditions of approval in their entirety including that the use permit would expire one yeaz after the Building Division issued the Certificate of Occupancy; and WHEREAS, on June 29, 2001, the Building Division issued the Certificate of Occupancy and, therefore, the use permit expired on June 29, 2002; and WHEREAS, on September 23, 2002, Resolution No. PC2002-144 reinstated Conditional Use Permit No. 3935 and amended conditions to specify that the use permit would expire on December 29, 2005; and WHEREAS, the applicant has requested an amendment to this conditional use permit to retain apreviously-approved restaurant and banquet faciliTy with on-premises sale and consumption of alcoholic beverages in conjunction with medical office uses with a modification to the waiver of required parking 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 Apri128, 2008, 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, -1- PC2008-*** 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: I . That the proposed reinstatement of this permit and the deletion of the condition of approval pertaining to a time limitation to retain apreviously-approved restaurant and banquet facility with on-premises sale and consumption of alcoholic beverages is properly one for which a conditional use permit is authorized. 2. That the aforesaid waiver of minimum parking spaces is approved to be modified to convert 5,755 .square feet of professional office area into medical office area: Parking counts were conducted with the highest parking occupancy of 48 stalls for 21;080 square feet of occupied space or 2.28 pazking spaces per thousand squaze feet. At the building's existing utilization, the building is forecasted to have a peak demand of 52 spaces. The conversion of the office area to medical office uses would require 12 additional parking spaces under City Code. Therefore, the expected peak pazking demand would be 64 spaces and the site has an existing pazking supply of 104 spaces. 3. 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. 4. That the Code Enforcement Division indicates that no complaints have been received regarding the operation of this business, the conditions of approval have been complied with and the property is being properly maintained: 5: That the facts necessary to support each and every required showing for the original entitlement exist. 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 azea. 7. 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. 8. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED 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. 3995 (Tracking No. CUP2006-05115) is 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, in its entirety, the conditions of approval adopted in connection with Resolution No. PC2002-144 as follows: -2- PC2008-*** 1Vo. Conditions of Approval )i2esponsibie for IVlonitorin GEIVEI~9L 1 That trash storage area(s) shall be maintained in accordance with Planning approved plans on file with the Public Works Department, Streets and Sanitation Division. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. 2 That this establishment shall be operated as a "bona fide public . Code Enforcement eating place" as defined in Section 238038 of the California Business and Professions Code. 3 That there shall not be any off-street or walls-in sale of alcoholic Police beverages; .and that the service of alcoholic beverages shall be at banquets in the banquet facility only, and not in the restaurant. 4 That subject alcoholic beverage license shall not be exchanged for Police a public premises (baz) type license, nor shall the establishment be operated as a `public premises' as defined in Section 23039 of the California Business and Professions Code. 5 That the sale of alcoholic beverages for consumption off the Police premises shall be prohibited: 6 That there shall be no exterior advertising of any kind or type, Code Enforcement including advertising directed to the exterior from inside the premises, promoting or indicating the availability of alcoholic beverages, with the exception of one (1) sign indicating "cocktails". 7 That the activities taking place in conjunction with the operation Code Enforcement of this establishment shall not cause noise disturbance to surrounding properties. 8 That there shall be no pool tables orcoin-operated games Code Enforcement maintained upon the premises at any time: 9 . That the hours of operation for the restaurant shall be limited to 11 Code Enforcement a.m. to 11 p.m. daily and the hours of operation for the banquet facility shall be limited to 6 a.m. to 11 p.m. during the weekdays and l l a.m. to 11 p.m. on the weekends. 10 That the ban uet facili shall have a maximum ca acity of 60 Code Enforcement -3- PC2008-* * persons during the hours of ~ a.m. to 5 p.m. and 230 persons during the evening hours after 5 p.m. 11 That at all times when entertainment or dancing is permitted, Police security shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 12 That all doors serving subject restaurant and banquet facility shall Code Enforcement conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries, and in cases of emergency.. 13 That window signs shall not be permitted. Code Enforcement 14 That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Department mazked Exhibit Nos. 1, 2.a, 2.b, 3 and 4. 15 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 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 declared invalid or unenforceable by the final judgment of the court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the property owner/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, prior to the issuance of building pernuts or commencement of activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the:. issuance of required permits or the revocation of the approval of this application. 4 PC200~-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Apri128, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Moms, 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 Apri128, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2008-*** J~ ~_ J J... ICI. IL 1 ,~ DRIVE :~ ®g ~ e e= A2 ;¢ B o so ioo kM Subject Property Conditional Use Permit No. 3935 (Tracking No. CUP2006-05115) w z w Q J z Q W f r e 1125 North Magnolia Avenue iosfsl Source: Recorded Trod Meps and/or City GIS. Please note the acaracy Is +/- two to Five feet. o LA PALMA AVENUE a MEMO Te:. Kimberly Wong From: B'ril Delo cc: "`ATTACHMENT NO. 5 I :GROUP Date: March 7, 2008 Steno: Ip Pile No: 15654-1 SubjecC Review of Parking Study for 1725 N. Magnolia Avenue in the City of Anaheim I: INTRODUCTION A Parking Study tar 1125 N: Magnolia Avenue was submitted by Anaheim-Magnolia LLC to [he City of Anaheim on February 8, 2DOB. The applicant proposes to convert 5,700 square fee[ of the existing general office uses in the building located at .1125 N. Magnolia Avenue in the City of Anaheim to medical/dental office use. The City of Anaheim Parking Code (Code) requires 148 on-site parking spaces for the. building with the proposed changes, which exceeds the existing parking supply of 1D4 spaces. The applicanCis requesting a variance to allow for the land use change without providing the additional. parking spaces required by Code. IBI Group has been tasked to review the Parking Study for 1125 N. Magnolia Avenue arid to provide a recommendation regarding the request for a change of land use. II. PROJECT LOCATION The project building is located within a business and office complex located on the northwest cornet of Magnolia Avenue and La Palma Avenue. Site access is provided by multiple unsignalized driveways along Magnolia Avenue, La Palma Avenue, and Woodland Drive. The site i5 located about 0.5 miles. south of the interchange between the Interstate 5 and State Route 91 freeways. III. SITE DESCRIPTION The two-story project building is currently occupied by a mixture of general offices, medical offices, vocational classrooms, and the Bombay Club banquet and restaurant facility. On the ground floor, there are 4.2 thousand square feet (TSF) of occupied general office space, 1.5 TSF of vacant general office space, and 5.2 TSF of occupied medical office space. The second floor consists of 6.6 TSF of occupied restaurant use and 3.0 TSF of occupied classroom space. The general and medical office uses operate Monday through Friday between 8:00 a.m. and 7:00 p.m., and are closed on weekends. The restaurant is open seven days a week between 11:30 a. m. and 10:00 p. m. There are 104 parking spaces assigned to the project building. The proposed land use change involves converting the 1.5 TSF of vacant general office space and the 4.2 TSF of occupied general office space on the ground floor to medical/dental office use. The remaining 11.6 TSF on the second floor and 5.2 TSF of medical office uses on the ground floor would experience no change. Peer Review of Parking Study for 1125 N. Magnolia Avenue March 7, 2008 IV. PARKING REQUIREMENTS The City of Anaheim Parking Code requires 136 off-street parking spaces for the existing building uses. A variance was granted in 1997 to allow the site to operate with 104 parking spaces. The City Parking Code requires medicalldental office uses to provide two additional parking spaces per thousand square feet compared to general office uses (6 spaces per TSF versus 4 spaces per TSF). This results in a Code requirement of 148 parking spaces for the proposed building use. V. PARKING COUNTS Parking demand surveys were conducted for the parking stalls assigned to the project building as part of the applicant's Parking Study. The surveys were made on Wednesday, January 23, 2008 and on Friday, January 25, 2008 during mid-morning, lunch, and dinner time periods to identify the peak parking demand. Surveys were not conducted on Saturday or Sunday because all uses except. the restaurant are closed during the weekend. The highest observed parking demand of 48 spaces occurred on Friday between 12:30 p.m. and 1:30 p.m. With 104 available parking spaces, this corresponds to a utilization of 46 percent. As part of [he peer review of the parking study, IBI conducted an additional set df project site parking occupancy counts during identified peak parkingdemand'time frame. Counts were conducted on Friday, February 29 and Tuesday, March 4, 2008. The number of occupied parking stalls was recorded on 15-minute intervals between noon and 2:00 p.m. each day. The results of the parking occupancy counts are consistent with the Parking Study surveys submitted by the projecYapplicant, and are listed in Table 1. The highest parking utilization was observed on Friday between 12:45 PM and 1:00 PM, when 32 of the 104 parking spaces were occupied. This corresponds to a parking utilization of less than 31 percent during the peak demand period. Table 1. Parkine Occuoancv Results Ti Friday, February 29, 2008' Tuesday, March 4, 2006 me. Occupied Stalls Utilization Occupied Stalls Utilization 12:00 PM 24 23% 26 25% 12:15 PM 25 2490 26 25 12:30 PM 30 29 % 24 23 12:45 PM 32 3190 25 24 % 1:00 PM 26 25% 24 23% 1:15 PM 26 25 % - 24 23 1:30 PM ' 25 24°k 23 22 1:45 PM 24 2390 23 22% I clot parKing IoI capacity is 104 spaces. Utilization is the ratio of occupied spaces to total lot capacity. VI. METHODOLOGY OF STUDY The City of Anaheim Parking Code requires 148 parking spaces for the project building, which has a total gross floor area (GFA) of 22,608 square feet. This corresponds to an average requirement of 6.55 parking spaces per thousand square feet GFA. The Parking Study notes that the existing peak utilization is 48 stalls for 21,080 square feet of occupied space, or 2.28 parking spaces per thousand square feet. The observed demand for this particular site is significantly lower than the Code requirement. At the _y- Peer Review of Parking Study for Y 725 N. Magnolia Avenue March 7, 2008 existing utilization, the buf4dng is forecast to have a peak parking demand of 52 spaces, which is only half of the existing supply, The City of Anaheim Parking Code requires iwo additional parking spaces per thousand square feet GFA for medical office uses compared to general office uses. The conversion of 5.76 TSF of general office space to medical office space would require 12 additional parking spaces under City Code. The expected peak parking demand following the proposed land use conversion is 64 parking spaces, which can be accommodated by the existing parking supply of 104 spaces. VII. RECOMMENDATIONS AND CONCLUSIONS The methodology and findings presented in the Parking Study are reasonable. No fatal flaws in the study logic were identified. The parking counts conducted during the identified peak demand time periods corresponded well with the survey results submitted by the project applicant. VIII. APPENDIX Parking occupancy counts made by Accutek on Friday, February 29 and Tuesday, March 4, 2008 are attached. a- Parking Occupancy Study Location: Date: Time: Date: Time: 1125 North Magnolia Avenue, Anaheim (Total No. of Parking Stalls: 104) Friday,2/29/08 12:00 PM - 2:00 PM Time No_of Occupied Parking Stalls ]2:00 24 12:15 25 ]2:30 30 12:45 32 1:00 26 1:15 26 1:30 25 1:45 24 Tuesday, 3/4/08 12:00 PM - 2:00 PM Time No. of Occupied Parking Stalls 12:00 26 12:15 26 12:30 24 12:45 25 ] :00 24 1:15 24 1:30 23 1;45 23 February 8, 2008 Mr. Bob Patel Anaheim-Magnolia LLC TRAFFIC SAFETY ENGINEERS, INC. Subject: Pazking Study for 1125 N. Magnolia Avenue Dear Mr. Patel: This report summarizes our traffic pazking study of the existing office and restaurant mixed-use building located at 1125 N. Magnolia Avenue in the City of Anaheim. The project proposes to convert the existing general offices on the first floor of the building for medical/dental office use. We trust that the findings of this pazking study will be of immediate assistance to the City of Anaheim, in formulating their decision pertaining to the approval of a pazking variance for this conversion of general office to medical/dental office use. 1. Existin¢ Site Conditions The project building is located within abusiness/office complex bounded by Magnolia Avenue on the east, Woodland Avenue on the north and La Palma Avenue on the south. The complex consists of four office buildings, an auto repair shop, one theatre, one sit-down restaurant, two fast-food restaurants with drive-thru windows and one vocational college.: The project building is presently occupied by a mixture of general offices, medical offices, and the Bombay Club banquet and restaurant facility. A total of 508 pazking spaces aze available for the entire business/office complex and 104 spaces are assigned to the project building. Hours of operation for each type of project building uses aze as follows: T e of Tennant Hours of O eration Bombay Club Banquet and Restaurant Restaurant opens Monday through Sunday, Facility 11:30 A.M. to 2:30 P.M. , 5:30 P.M. to 10 P.M. Banquet opens 6 P.M. to 11 P.M. on weekdays, 11:30 A.M. to I 1 P.M. weekends General Offices Monda throu Frida , 8 A.M. to 5 P.M. Medical Offices Monday throu h Frida , 8 A.M. to 7 P.M. A copy of the pazking lot plan showing the pazking stalls assigned to the project building is shown in Figure "A". 3100 MARYWOOD dRIVE ORANGE, CA 92867 TEL: 714.974.7863 FAX: 714.574.1043 E-MAIL: SAHL~MSN.COM Page 2 Based on the City of Anaheim's Pazking Code requirements, a total of 136 pazking spaces aze required for the existing building uses. Detailed breakdown of these pazking code requirements is summarized below: Existin¢ Uses Site Use Suite Quantity City Parking Code Parking Spaces Required Per Code Bombay Club 215,230 8,630 sq. ft 8 spaces per 1,000 sq. fr 69 (Second Floor) General Office 200 2,986 sq. fr of 4 spaces per 1,000 sq. fi 12 {Second Floor) classrooms General Offices 100, 105, 4,227 sq. fr 4 spaces per 1,000 sq. ft 17 {Ground Floor 130 General Office 120 1,528 sq. ft 4 spaces per 1,000 sq. ft 6 (Vacant) (Ground Floor) Medical Office 110, 115 5,237 sq. ft 6 spaces per 1,000 sq. ft 32 (Ground Floor) Total Pazking S aces Re aired Per Code 136 The proposed conversion of general offices (Suites 100, l OS, 120, 130) on the mound floor to medical/dental office use will require an additional 12 (148-136) pazking spaces as shown below: Proposed Uses Site Use Suite Quantity City Parking Code Parking Spaces Required Per Code Bombay Club 215,230 . 8,630 sq. ft 8 spaces per 1,000 sy. fi 69 (Second Floor) General Office 200 2,986 sq. ft of 4 spaces per 1,000 sq. ft 12 (Second Floor) classrooms Proposed 100, l OS, 5,755 sq. ft 6 spaces per 1,000 sq. ft 35 Conversion of 120, 130 General Offices to MedicallDental Offices (Ground Floor) Exisfing Medical 110, 11 S 5,237 sq. ft 6 spaces per 1,000 sq. ft 32 Offices (Ground Floor) Total Pazkin S aces Re aired Per Code 148 Page 3 2. Parking Demand Surveys Parking demand surveys were conducted for the pazking stalls assigned to the project building during weekdays. No Saturday and Sunday parking surveys were conducted because the existing general and medical offices are closed on the weekend except for the Bombay Club banquet and restaurant facility. Results of these parking surveys are sumruazized below: Time of Survey Hi hest Number of Par ked Vehicles Observed 1-23-08 ednesda 1-25-08 {Frida ) 10:00 to 11:00 A.M. 23 28 12:30 to 1:30 P.M. 33 48 5:30 to 6:30 P.M. 22 32 3. Findings and Conclusions Our pazking demand surveys indicated a peak parking demand of 48 pazking spaces for the existing occupied general and medical offices, and the Bombay Club restaurant during weekday lunch time. A peak pazking demand rate of 0.002333 parking space per squaze foot of floor area (48 spaces divided. by 20,576 squaze feet), for all the presently occupied units within the project building is derived. Based on this peak pazking demand rate, the number of additional parking spaces required when the existing vacant general office Suite 120 is fully occupied would be 0. 002333 x 1,528 = 4 spaces. Adding these additional 4 spaces to the observed highest peak pazking demand of 48 spaces, results in a total of (48 + 4) = 52 parking spaces. Described below is an accurate method of determining future parking demand when al] the existing four general offices (Suites 100, 105, 120 and 130) on the ground floor aze converted to medicaUdental office use: By City Pazking Code, four (4) pazking spaces aze required per one thousand squaze feet of floor azea for general office use, and six pazking spaces aze required per one thousand square feet of floor area for medical dental office use. The difference between general office and medical/dental office use require the addition of two (2) parking spaces to the grand total calculation of all uses for the project building. The project applicant proposes to convert the originally approved four general offices (Suites 100, 105, 120 and 130) on the ground floor to medical/dental of&ce use. Therefore, by applying the required factor of 2 additional. parking spaces per one thousand squaze feet of floor azea for the conversion of general office to medical/dental office use, the total additional pazking spaces required for this office conversation will be 2 spaces per 1,000 square feet x 5,755 squaze feet = 12 spaces. The grand total number of pazking spaces required for the entire project building with the proposed general office to medical/dental office conversation would be 48 spaces (existing observed peak parking demand) plus 4 spaces (when Suite 120 is occupied] plus 12 spaces (conversion of existing general office Suites 100; 105, 120 and 130 on the ground floor to medical/dental office use) = 64 parking spaces. Page 4 ............... Our parking study concluded that the 104 pazking spaces provided for the project building are more than adequate to accommodate both the existing tenants and the proposed general , office to medical/dental office conversion peak pazking demands. Incidentally, prior to Yeaz 1997, majority of the ground floor azeas of the project building was occupied by the Orange County Health Caze Agency. The general office to medical office conversion proposal is inconsistent with the previous medical use of the project building. Section 18.06.080 of the Anaheim Pazking Ordinance requires certain findings to be made before pazking waivers can be granted by the Planning Commission. On the basis of this report, five findings must be made. The findings and specific responses aze provided as follows: A. That the variance, under the conditions imposed, if any, will not cause fewer off-street pazking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. Response: The pazking study indicates that the peak pazking demand for off-street parking spaces is substantially lower than the quantity provided for the project site. B. That the variance, under the conditions imposed, if any, will not increase the demand and competition for pazking spaces upon the public streets in the immediate vicinity of the proposed use. Resnonse: The proposed project v~ill not increase or compete for on-street parking because its pazking lots have more than adequate pazking to accommodate the project site's peak pazking demands. C. That the variance, under the conditions imposed, if any, will not increase the demand and competition for pazking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as pazking for such use under an agreement in compliance with .Section 18.06.010.020 of the Code) Response: There is no reason to encroach other parking facilities because the project building pazking lot provides ample pazking as indicated in the parking analysis. Page 5 D. That the vaziance, under the conditions imposed, if any, will npt increase traffic congestion within the off=street pazking azeas or lots provided for such uses. Response: Traffic and pazking congestion will not occur because the supply of parking site parking spaces is more than the project building's peak parking demands. E. That the vaziance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties, upon the public streets in the immediate vicinity of the proposed use. Response: The peak pazking demand is less than the pazking spaces available for the project site. Therefore, there is no reason to encroach onto the adjacent properties. Should you need additional information or clarification of this pazking study, please do not hesitate to call us at any time. Respectfully Submitted, Pg0P E441OM ~~O NUI (.I 1`f ~ Tragic Safety Engineers ^~ ~ ~ , C ~~ ~ a N0 lu9 ,~ ,~ ~, .z-a.-~ ;~. C. Hui Lai, P.E. ~''rc oe c~i}~~`+i Traffic Engineer J2/2004 22:29 71401699 w®wrnmme um.~w E I a I~ GENERAL=-kllUl:pilury rHa~ ui . _ . _. E] .~ Q O ~ 7 ~ C~ ! I 4 a r ~ 3 ~ I p i "~ p f 4~' f F ~~ a ~, 9 ~ j 1 ~ ~ 1 9 t i ~ ~ 00 6 ` e , ~ ~ ..,.,~......~. a ~~ ; ~ ~ I ~ ~ . ~, R Z I ~` ~ ~ ~ E .~., ~~ ~~ 1 :!6 q ~Y~pn'1e ~~c 9uis Z00 E I ` f oW2 Figure A ATTACffiVIENT NO: 6 ~" `'~' P.ETITIONER'.S Sl'AT.EMENT ''~ ': JUST'IFIC~,TIO.I~:FORREIN:ST~TEME~iT ~' .. F -~,. .. _ -' Section 18 60.180 of the~Anaheim Municipal Code requires that requests~for reinstatements or renewals of a time- 'limiled permif-shalt be made m writing nq lafer.than six (ft) months-after the expiration date of the. permit soughtto ,~ be reinsiated:~or.;renewed"and mustbe accompanied, by an'applicationiorm and the'requied:filing fee. 1, i In orderto reinstate or renew:a permit atefacts,necessary to supporf+eaeh and svery fndmg.fpr theoriginal approval of the entitlement as setforttr iii the following excerptsfrpm the;Anaheim:~4Nng Codeistill exists; :: , ~~ 86 X60 (Relatrvs to IIon~dtttonat Use Permit6); f ~ :'; ` ~ , ' ,Before the approval authonty; or City Couhpil on appeal may'approve a conditional+,use permit, it must make: a~t'inding offact byTesoliftrorl 'that the?evidence prssentedshows that all of the folfgin/ing coridlbons is '~ . A031 Thatthe proposed'usetis properly ohe forwtrich<a conditOnal use pemtit is authonzed~by this code; or :is an unlisted use as defined in gubsec{on 030 (Unlisted lJses Rerm(tted) of Section 1866 040 ~('%~PProvalAuthority) ~ w .,. ~ ;! i , 032 That_tbe proposed yse will~notadversely affect the adloming lagd'uses or thergrawlh and development . , ' ~dithe`area in yrhich It sproposed to be located' ` 033 `fhatlhe s~ze`~nxl~hape+of ttie rile proposed for the us~,is,ade~uate to allo~tahe fWl'd~elopment of the,"pJAposeq userln atimanner ngtxdetr~merjtal tprthep"articulairarea orto health and safety ~, ,; D34 fihgt~thetraffiF'generated by'the,proposed.u`se~Will hoflmpose~ari'undue,bunlep upon tfiestreetsand ` ltghways deslgned.ar~d improveditp carrythe°trafFlc inthe~rea and ' _ ~ 085 _jhatthe gJantmg o~dhe conditonal use permitunderithe conditions imposed, rf any willnottre + ~ detnmentaldo thelhe~lth andtisafety of the citizens ofittie Ciryb`f Anaheim <+ `' 78 74060 tRetat}ve ~o Variancgs) , ; ' r ,~, r ,;~ .~ ' Before,any,variamce rpay beFgranted kythe approval authprtty or Gty+sounctl on appeal at sfiallbe shown :-~ F 0201.,ThaYthereare special circumstances appl'icabletotliepropErty; including size shape,,topography :. ;. , ~ `f;±IocaUon orjsurroundingS wh~¢tj do notapply to other property under rdenhcal zoning classification in ~ .the VlClntty' a ~ ' _ i' 4 } .~~ ~ _, e ~ L f . rv ~ , °. :: D202That, because ofspecial circumstances shnwn m 0201 strict agpli¢atlon ofthe zonmgcode deprives ` t s ~i ~ the property ofYprlvlleges entoyed by atherproperty.under idehhgal zoning classificadontm thewidnity 2 Said permit or vananoa is being exercised substantitally'm'thessarne mannerand,mconformanpe wlth~all< ¢onditl~nsandstpulations o,ngmallyagproved ~ -,; ~ ': " s `" _ ' `3 Said permit orvarian¢a is bang exer¢ieedzin a mahngr not detnmental~to the particular area at7d surrour,~ding ` '' `. land used nor to:the pubi(c;p~eace' health safety and general•welfare~ and ~: . '" 2, Have`the Yes;O P Expla~in`'~ i •. 7 :l is 9; p y ' t ~: " `4~'. r ,;:: • 3: .. <.. -. `:T.L .es in#he immediate vicinity changed sinceah.~_e.,irfs~~suance of this use permtt or variahca? /1 ._"• ~, /~SS`lLl.n ,;"..1l7Ltid ~ tan c r,'cr2u;lt'- Li' i/r~..~a.~. ^vrK~ze.c %C..~r~ 'Lr'~.Ly L.+~iaA~ /( RJR i9J ;,i,_d„ ".<: ,. , w - ,,- - -~ ,... ~... t :., -. K of the nature of the operation chenged•sincs the issuance ofthis use permitnr variance? :. i ~ t '• C~n,~ . r • _ 1 ^l 1 4 "..• t ~ I ~f y t t.~ ~ ..ir.. ' a f. " I,i ~ 1 ~~ ~ 5 i ` ~ • 1 1 r ~ : :' '~.~ ~ i 1: 1 ohs of approval pertamjng to 1he.use permit,or vanance tieing complied with?~> - " =' X9;4 ~ : r ~~( ~~~ ~~' 4:~ ' "' ~ t ,." z ~CJ~ v ~ r ~ i 4~ t r Y r a' ~. S C ~ f r r j fisting a de~9~ior~ ofthe iAme hmitatibo is this tleletion necessaryfior the continded operat(on : ` r ra~iacce?' +' _, a a' 7 r ti~ r i~ ~r i ~-it ~~~ I~~ ~ ~ ~P ~~.~Z~.~- ~i-, i~ ~ .~~~(i . .~xtB eiA7,~ F ~~+'.~~bg '? r'!'_~ _ 1~,.. i,~ •a r~~ ~. ".~`- I$errn 3 N W K F O E F N F N ~NTq ~~q RR~ ~'w~~ i~~ ~i~ ® B~® ° ![! ® bye con a®• ° 'tea/c® ~ ® ay e I 2 a°® , o sa ion ° ~ ®. ]~ ® _ e SELF STORAGE FACILITY ° ° > • ~ Q. ~ , ~ ®~ O ° ~ /~~' z ~o ey m ° °° T IE e I BROOKHURST JUNIOR HIGH SCHOOL p o ° e Y~ ~ ° •'e 1 I § SI ° , I~ o I C-G ° $~ ~ HOME DEPOT ' ®O® EI 1 T ' ul OROOKMURSTPARK ~ ' ~ i I ° p0 I @I I I §I I - ' - _ - - - ~ - - - - - - mf ! &ppNmrsl Cvmmvrgel CoMtlpr Ovegvy Zpne , - - - - - - - - - - - - - - - - - - - April 28, 2008 Subject Property Conditional Use Permit No. 2000-04244 (Tracking No. CUP2007-05256) 2200 - 2240 West Seouoia Avenue 10521 ®o B u ®° ®° ® ° e a ~ 0 ®®° April 28, 2008 Subject Property Conditional Use Perrrrit No. 2000-04244 (Tracking fro. CUP2007-05256) 2200 - 2240 West Sequoia Avenue 10521 pU.*u6N'XS6pFlRGa6 :1335 tC! \1 di1c9irexr. \wiri»n, C:r3~92903 Phnne 17t§} Jti3-C.7C*9 AFdi7 ~..~DB C1T1~ qF ANA41Cliti1 ,PlaAnlri'gDepaPYmertt Attu I{fis, KlmliaYly ~GV.o~g 2~,Snpth:finB}reim:9~nlevard' Ahaheif~, CA9Z$05; ,~Fairnt9~t lC urrrvt,d Fn ,4urce'.~9rr~z'- RE+ ;;~pddi{i~nabliseFern,fsNa£IliPatllSija525~i> .torEaiimodt~Prepar~tory:A~ademp Dear Nis` Vu'ong¢ sinceee>y,, }ata tUia'rt~end; ~~' . Dn`ISahatf of Rnbetlson Lttaradier;:,CEt] FAfR[viOtUT P..RIVATE,5LHg6L.5 E,T~PiCg1~1~~h~Qi;~li-:Cr rxdr Sla"C;~nltutl 111c1~ii}nU u: ~9i1KRRa ~~1t31Cim liiil%anil YuFtirrrynci3tie 1~wtP.kairrhn~-Iwinluls.eavn- Tiiankyrudn.advance:forynucassistairce-ite~irra>~~i~.thistequest 5ho~lr#'k©u-titave~a~ty quesdo['~s,-R~ease dtr nqf lie5fl,`iiCe tdLaii y, sat 71~F~Z~sl';'~)tls: it~~ 4 q APTS ~ 14DU N a F- 0 ~ ~x N ~ ti o ~ ~ 4 DU ~ LL ~ 4 DU C-G SMALL SHOPS J 1 BALL ROAD y GG J ~ (7UU U U O li ~y W LL LL ~o ~ ~_-__ BEACON AVE °v RS-2 RS-2 j, 1 DU EACH 1 DU EACH pPT tiC-G RM.q , i°~ ~ CUP 2006-06307 APTS VAR 27z9 S~ ~;`; 14 DU APTS 6 DU APTS APTS APTS Z 16 DU 16 DU B DU w 0 ~ APTS W 10 DU W Q' C-G JUNO AVE 16 DU w -.-f--~~ RM-4 ~ APTS APTS RMA ~ m 8 DU 8 DU APTS ', U 6 DU ~ RM~ 16 DU ~ w APTS ', W APTS m0 32 D GG GG 8 DU tt AP,TS APTS REST. APTS 16 DU 8 DU 6 DU GG RMd SMALL RM-4 PALM LANE SHOPS APARTMENTS ~ APA~ MOUNTS ze Du `3 Conditional Use Permit iVo. 2008-05307 910 South Euclid Street ~ iy ~ w e~9L m g w. fiu~ ao ~~ ~W.GERRIl06 qVE W. CE RNTO6 qVE loszz Apnl 28, 2008 Subject Property Conditional Use Permit No. 2008-05307 910 South Euclid Street W. 6aori9wav~'~ i ~ i i ~ ~ is u ~ ~~9 r r ~ ? L 4 ~¢ P i~ W 6gLL g0 ~'w R ~ W. GE gIl96gVE WLE gWN6gV£ 10522 0 59 ]EO Aerial Photo: me July 2006 [~ItA>FT, ~TTA~ ~i~T ~®. ~ RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 1 (EXISTING FACILITIES) AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05307 (910 SOUTH EUCLID STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit to permit the division of a retail unit into four (4) units and establish land use conformity for an existing commercial retail center in the General Commercial zone for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, this property is currently developed with a single tenant commercial retail center within the General Commercial zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the applicant has requested to permit a commercial retail center 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 Apri128, 2008, 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 heaz and consider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to permit the division of a retail unit into four units and establish land use conformity for an existing commercial retail center is properly one for which a conditional use permit is authorized under Code Section 18.10.030.040.0402 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 commercial retail center will improve existing site conditions regazding pazking and landscaping, in addition the division of the retail unit into four units will not negatively impact the existing pazking. 3. That the size and shape of the site for the use is adequate to allow the use in a manner not detrimental to either the particulaz azea or health and safety as the property is fully developed and there is sufficient parking to provide for the commercial retail center. 4. That the traffic generated by the use of the property as a commercial retail center will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea and; -1_ PC2008-~:* 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *** indicated their presence at said public heazing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exempfions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepaze additional environmental documentation. NOW, TFIEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby grant subject Conditional Use Pemut 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 welfaze of the Citizens of the City of Anaheim: RESPONSIBLE NO. FOR CONDITIONS OF APPROVAL 1VIONTTORING ~~_~;:~ 1 That prior to the issuance of a building permit, a comprehensive sign Planning program consistent with the requirements contained in Code Chapter 18.44 shall be submitted for review and approval by Planning Department. 2 That prior to the issuance of a building permit, the exisfing kiosk located Planning in the parking azea shall be removed. 3 That prior to the issuance of a building permit, colored building Planning elevations shall be provided for review and approval by the Planning Deparhnent to ensure building colors and materials substantially match the immediately adjacent commercial retail center to the south. 4 That prior to the issuance of a building pemut, a detailed landscape plan Planning shall be submitted for review and approval by the Planning Department. 5 That prior to the issuance of a building permit, detailed trash enclosure Planning/Public plans shall be submitted for review and approval by the Planning Works Department Department and Public Works Department -Streets and Sanitation Street and Division. Sanitation 6 That prior to the issuance of a building pernut, plans shall be submitted Public Works showing conformance with the current version of Engineering Standazd Details 436 and 470 pertaining to parking standazds. Subject property shall thereupon be developed and maintained in conformance with said plans. -2- PC2008-*** RESPONSIBLE NO. FOR.:...:...... CONDITIONS OF APPROVAL MONITORING 7 That prior to the issuance of a building permit, plans shall show Public Works conformance with the current version of Engineering Standazd Detail 115 pertaining to sight distance visibility for signs, landscaping, .and fence/wall locations to the satisfaction of the City Engineer. 9 That all backflow equipment shall be located above ground outside the Public Utilities street setback azea in a manner fully .screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standazds. Any other lazge water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback azea in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for Building Permits. 10 That all requests for new water services or fire lanes, as well as any Public Utilities modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 11 That all requests for new water services or fire lines, as well as any Public Utilities modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. f r 12 That prior to final building and zoning inspection, fire lanes shall be Public Works posted with "No Pazking Any Time." Said information shall be specifically shown on plans submitted for building permits: 13 That if this project has a new landscaping area exceeding 2,500 square Public Utilities feet, a sepazate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal code and Ordinance No. 5349 regazding water conservation.. 14 That all existing water services and fire lines shall conform to current Public Utilities Water Services Standazds Specifications. Any water service and/or fire line that does not meet current standazds shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. -3- PC200>;-*** RESPONSYBLE NO. FOR...... CONDTTI®NS OF APPR®VAL NdOP1IT®RffiVG . 15 ,.. .. „n. That this development is limited to a maximum of four tenant spaces. ,.. Planning 16 That on-going during project operation, no required pazking azeas shall Public Works be fenced or otherwise enclosed for outdoor storage uses. 17 Four inch high street address numbers shall be displayed on the roof of Police the building in contrasting color to the roof material. The lines of the numbers are to be a minimum of six inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should face the street to which the structure is addressed. The numbers shall not be visible to .adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Aepartment, Community Services Division, for review and approval. 18 Each different unit within the building shall have its particular address Police displayed on its front and rear doors or directly above the front and reaz doors. 19 All exterior doors to have adequate security hazdwaze, e.g. deadbolt Police locks. 20 Monument signs and addresses shall be well lighted during hours of Police dazkness. 21 Adequate lighting of parking lots and associated carports, shipping and Police receiving azeas, driveways, 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. 22 Landscaping shall be of the type and situated in locations to maximize Police observation while providing the desired degree of aesthetics. Security planting materials aze encouraged along fence and property lines and under vulnerable windows. 23 That trees should not be planted close enough to the structure to allow Police easy access to the roof, or should be kegt trimmed to make climbing difficult. -4- PC2008-*** RE3P®N3IBLE N®. FOR..,..;,... C®I~ITIOIVS ®F APPROVAF. 10'[ONTf®RING 24 That "No Trespassing 602(k) P:C." shall be posted at the entrances of Police parking lots/structures and located in other appropriate places. Signs must be at least 2' x 1' in overall size, with white background and black 2" lettering. 25 That all entrances to pazking azeas shall be posted with appropriate signs Police per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. 26 That the applicant shall maintain on file an Emergency Listing Cazd, Police Form APD-281, with the Police Department, 27 That the pazking lot serving the premises shall be equipped with lighting Planning of sufficient power to illuminate and make easily discernible the appeazance and conduct of all persons on or about the pazking lot. Said lighting shall be directed, positioned ad shielded in such a manner so as not to unreasonable illuminate the windows of neazby businesses. 28 That no new convenience markets and/or retail sales of alcoholic Planning beverages shall be permitted unless a sepazate conditional use permit is approved by the Planning Commission. 29 That no video, electronic or other amusement devices shall be permitted Planning on the premises.. 30 That all trash generated from this commercial retail center shall be Planning 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 a paid by the business owner. 31 That any tree or other landscaping planted on-site shall be replaced in a Planning timely manner in the event that it is removed, damaged, diseased and/or dead. 32 That no roof-mounted balloons or other inflatable devices shall be Planning permitted on the property. -5- PC2008-*** I2ESP®IVSYBLE AI®. F®It. CONDTTIONS ®E APPROVA3J 1V~OIVITORIlYG 33 That no outdoor vending machines shall be permitted on the property. Planning 34 That the property shall be pennanently maintained in an orderly fashion Planning by the provision of regulaz landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four hours from time of occurrence. 35 That compact pazking spaces shall not be permitted. Planning 36 That there shall be no public telephones on the premises located outside Planiiirtg the building. 37 That any loading and unloading of products associated with the Planning commercial center shall occur on-site only, and shall not take place in any required parking azea or within the.public right-of--way. A plan shall be submitted to the Traffic and Transportation Manager for review and approval of any proposed loading areas. 38 Trash storage azea(s) shall be provided and maintained in location(s) Public Works acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage azeas shall be designed, located and screened so as not to be readily identifiable to adjacent streets or highways.. The walls of the storage azeas shall be protected from graffiti opportunities by the use of plant materials such as minimum one gallon sized clinging vines planted on maximum three foot centers, or tall shrubbery. Said information shall be specifically shown on plans submitted for building permits. 39 Any new roof-mounted equipment shall be completely screened from Planning view from all directions in compliance with Section 18.38.170 of the Anaheim Municipal code. Said information shall be specifically shown on plans submitted for building permits. 40 The pazking lot shall be maintained in good condition free of trash and Planning debris. 41 That subject property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on fle with the Planning Department mazked Exhibit Nos. 1 through 6, and as conditioned herein. -6- PC2008-*** ItPSP®1~IS)~LE N®. F®R_ .. __ C®NDITIONS OF APPit®`'AL M®NTfORIIVG 42 Timing for compliance with conditions of approval may be amended by Planning 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. 43 Extensions for firrther time to complete conditions of approval may be Planning granted in accordance with .Section 18.60.170 of the Anaheim Municipal Code. 44 Approval of this application constitutes approval of the proposed request Planning 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 coon of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. 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 Apri128, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions -General" of the Anaheim Municipal Code peztaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAII2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2008-*** STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ,Senior Secretary of the Anaheim Planning Comrission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on Apri128, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -8- PC2008-*** __, w. epoAOWAY m _ ~ ~~~ ~ r F ~ 9L 1 b P ~i § N S W. BALI RD W.OEPAITOS AVE wOE FPoT05 AVE T SAVANNA HIGH SCHOOL PR DAD MILLER GOLF COURSE U CUP f- W 3390 ( yl ~ ~ O F- V) F RM-4 w CASA BONITA RM-3 m APARTMENTS 2 DU J 71 DU ~ CASA BELINDA r APARTMENTS w nPis. 91 DU sou H O T C-G ~ w ~ ~ ¢ `" C-G ® APTS APTS RM-4 Q - - - SNALL SHOPS I 5 DU ~ 5 DU SIERRA WEST ~ ¢ ` - °"^'-` ~ C-G y APTS U < APARTMENTS c-c PEPPERTREE ~ ^ APTS fi0 DU T Rcva74 5 - ON LINCOLN ~ 5 DU z 5 DU RCL 53-fi4 13fi N J MORTUAR cuazomasle ° ~ ~ m CUP 2552 uncnrrr 4 DU 4 DU ~ ~ 127' ~ LINCOLN AVENUE RS-2 O-L 1 DU EACH ~ DEMIST LEVEL AVENUE t•- rn O a O F 2 Q N LL 1 CHAIN AVE = ~ 0 RS-2 1 DU EACH _ _ N Q April 28, 2008 Subject Property Conditional Use Permit iVo. 2007-05189 2401 West Lincoln Avenue 2 QU W ^ a a _ . ~ W. LRESLEIR qVE ~ 6 O 0 ~W. LINCOLN A VE W. LINLOLNAVE W. BRL AUWAY ~ a ~ 9 ®L e^9 m ®® ~ § o y : d 6N~ Oo i , v m B 1aszD April 28, 2008 Subject Property Conditional Use Permit No. 2007-05189 2401 West Lincoln Avenue B ~ ~ W. CNESLEIR AVE ~> Y 16 O I ~a o 0 ` WLINLOLN AIt W.i.MLOLN qVE 1~ W.ORLALWAY t` e ~ e®A 9 ~~ ® h 0 0~ ~ ~AA ® ~° ( H e ' ~ O m ,; ~osao Fcet July 2006V~ A'T'I'AC 1V'p 1~1®. I PIt®.I~C'T SiJ1VI1VIARY Conditional iTse Permit h1o. 2007-OSY89 s (Development ;proposed Project ~ C-G`Zone Standards Standard Site Area 0.5 acres N/A Building Setbacks Adjacent to 35 feet 10 feet Gilbert Street Adjacent to 86 feet 15 feet Lincoln Avenue Interior None None Landscaped Setbacks Adjacent to 8 feet 10 feet Gilbert Street Adjacent to 15 feet 15 feet Lincoln Avenue Building Height 23 feet 75 feet maximum 27 spaces required based upon 5.5 spaces per 1,000 Pazking 27 spaces provided squaze feet for retail uses and food services with 10 seats or less [I<DRA>N T] RESOLUTION NO. PC2008-* A'Y"1<'ACkI[I~EI~iT I~1®. 2 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 1 (EXISTING FACILITIES) AND APPROVING CONDITIONAL USE PERMIT NO.2007-05189. (2401 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Conunission 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, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Apri128, 2008, 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; 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. The proposed use to permit a commercial retail center is properly one for which a conditional use permit is permitted under authority of Code Section No. 18.08.030..040.0402 (Commercial Retail Centers) with waiver of the following provision: SECTION NO. 18.08.060.010.0101 Minimum landsca~ setbacks. 10 feet required; 8 feet proposed) 2. Special circumstances apply to the subject property because of the unique size of this property in comparison with surrounding commercial lots, the desire to retain the current retail building, and the limited locations of driveway placement in proximity to the street intersection at Lincoln Avenue and Gilbert Street. A 10 foot setback adjacent to Gilbert Street would limit the developmenf on the subject property due to the small size of the property as compazed to other commercial properties in the neighborhood. 3. Strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity as there aze other commercial properties with setbacks adjacent to Gilbert Street and Lincoln Avenue in the vicinity with landscaped setbacks less than what is required by Code. 4. The proposed commercial retail center, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it -1- PC2008--* * is proposed to be located because the retail establishments to be provided .are of a neighborhood retail variety and should operate seamlessly within the residential neighborhood. 5. The size and shape of the site for the commercial retail center is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. ' 6. 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 azea. 7. That * * * indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the defmition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepaze additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve 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: Responsible No. Conditions of Approval for Monitorin TdMING: PRIOR.TO ISSUANCE OFA $UILDING PR`RI~PIT,,OR WITl3'llY.4 PERIOID OF ONE (I)>1'Ef1R FR~11f THE BATE OF'T.HISRESOLUTION, 3VWfdICFdEVER O~'CF71LS , `FIRST ~ .~_ ~E~ ~ .,; 1 That final detailed elevation plans including colors and Planning materials shall be submitted for review by the City's architectural consultant and provided to the Planning Commission as a "Re orts and Recommendations" item. 2 Lighting of parking lots, driveway, circulation azeas, aisles, Planning 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 lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of the adjacent residential ro erties. Said information shall be s ecificall -2- PC200~-*** shown on plans submitted for building permits. 3 Four-foot high street address numbers shall be displayed on the Planning 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 Tans submitted for buildin ermits. 4 Fire lanes shall be posted with "No Parking Any Time." Said Planning information shall be specifically shown on plans submitted for buildin ermits. 5 Any new roof-mounted equipment shall be screened from view Planning in accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone. Said information shall be specifically shown on lans submitted for building ermits. 6 'pxttl bond shall be posted in an amount approved by the City public Engineer and a form approved by the City Attorney prior to Works issuance of a building permit. A Right of Way Construction Permit shall be obtained from the Public Works Department/Development Services for all work performed in the right-of--way. 7 A performance bond shall be posted to guarantee installation of public right-of--way improvements in an amount approved by the City Works Engineer and a form approved by the City Attorney. A Right of Way Construction Pernut shall be obtained from the Public Works Department/Development Services for all work performed in the right-of--way. The improvements shall be constructed prior to certificate of occu anc . 8 ' T'he property owner shall irrevocably offer to dedicate to the City Public of Anaheim an easement 42- feet in width (10-feet total r/w Works behind curb is required, therefore a 2 foot additional dedication from existing right-of--way is necessary) from the centerline of Gilbert Street for road, public utilities and other public purposes. Comer cut-off dedication is required at intersection of Gilbert Street and Lincoln Avenue. 9 A reciprocal access and maintenance agreement for. the shared public driveway shall be executed and recorded with the County of Works Orange. 10 Plans shall be submitted showing stop control for the western Public most access to the shared driveway. A stop sign shall be Works installed and stop legend shall be painted on the driveway in the westbound direction at the shared drivewa intersection. -3- PC2008-*** T~n~nvG: ~xra~ T®~ssu~vc~ o~A G~aDlrrc r~rT 11 A final Water Quality Management Plan shall be submitted to public the Public Works Department for review and approval. Works TI1I~PNG: PRPOR TO FdIVAL BUdLDdNGtlNI) ZONING dNSI'ECTION 12 The applicant shall demonstrate the Ifollowing~.a.r2~: Public ® That all structural BMPs described in the Project WQMP Works have been constructed and installed in conformance with approved plans and specifications. ® That the applicant is prepazed to implement all non- structural BMPs described in the Project WQMP ® That an adequate number of copies of the approved Project WQMP aze available onsite. ® Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 13 Remove the existing easterly most driveway approach on Lincoln Avenue and replace with curb, gutter and sidewalk. An ADA public compliant curb access ramp with truncated domes shall be Works constructed at Lincoln Ave and Gilbert Street in conformance with Public Works Standazd Detail 111-3. 14 An Emergency Listing Card, Form APD-281 shallbe Police completed and submitted in a completed form to the Anaheim Police Department. 15 Complete aBurglary/Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Depaztment prior to initial alarm activation. GENB'RAL CONDITIONS`" 16 That all trash generated from the facility shall be properly Planning contained in trash bins located within approved trash enclosures.. The number of bins shallbe 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. 17 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 are on file with the Planning Department mazked Exhibit Nos. 1 through 3, and as conditioned herein. 18 Timing for compliance with conditions of approval may be Planning amended by the Planning Director upon a showing of good cause rovided i e uivalent timin is established that satisfies -4- PC2008--*** 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 i establishment of the use or approved development. 19 Extensions for further time to complete conditions of approval P.lanriing may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 20 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 discrefionary 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 ofthis application. THE FOREGOING RESOLUTION was adopted at the Planning Comrission meeting of Apri128, 2008. 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 -5- PC2008-* * * STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAFIEIM ) 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 April 28, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WFIEREOF, T have hereunto set my hand this day of 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2008-*** Exhibit A LEVEL AVENUE t- O a 0 t- H W W F- F- W m J _- _ . 0 50 160® beer Subject Property Conditional Use Permit No. 2007-051 S9 2401 West Lincoln Avenue A ~ ~ W. CRE6LENLAVE S O m W m 0 ~ W. LINCOLN A VE W. LINCOLN AVE w W. BRO gpWAY ~ $ i ®i A~ ~ ~ ~ m~ e B , i ~ O ~ toszo LINCOLN AVENUE Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is +!- lwo to five feet. 1V~,:~IAEL 1•{. I9A5I~AI,AI~IS, M.D., F.A:v:S. AT'I'ACIil®'IEPiT PIO.3 300 N. WILSHIItE AVE. #6 P.O. BOX 3580 ANAHEIM, CALIFORNIA 92803-3880 TEL/F.4X (714) 635-3931 Apri14, 2006 City Of Anaheim Planning Department Planning Services Division Re: 2401 W. Lincoln Ave. Letter of Operation. To Whom It May Concern: The redevelopment project proposed for the site located on 2401 W. Lincoln Ave. in the City of Anaheim ,includes the expansion end remodeling of the existing building to facilitate 2 retail units (phase 1) and the addition of twa more retail units to the west of the existing building (phase 2). Retail commercial units could include, but not limited to clothing, electronics, food services, convenient stores. Each retail unit would have 1-3 employees per shift with 1-2 shifts. Days of operation could possibly be seven days a week from 9AM-6PM depending on the retail unit. If you have any further questions please contact me at (714} 635-3931 Sincerely, vC/ ~~~ Theodoros Daskalakis, NID PRE PdO. Zoos - 0 0'0 3 Item 6 T RAtlMONO RETARDING BASIN Pp(S you 2ou p ~ouEACR 40U zou ~PO SANDALWOOD AVE PF if ~~ w m B sD lBB ~~ N~RTM gS. ...o PRE GE~~ PY G m q ~yq2 N µM'~ tS MP~ DUN j Fy5-2 Ry2 ~~ m m' ~A Fy5-2 Apri128, 2008 --~ ~-~~ Subject Property General Plan Amendment No. 2008-00464 Reclassification No. 2008-00216 Conditional Use Permit No. 2008-05309 Determination of Public Convenience or Necessity No. 2008-00040 770 North East Street out^'". 8 pPP~' Uk7 ~' 4B 0 `G ~ZGH Z G y ~ O '~ R5.2 ~ RS-2 ~ ~ w~~E`M~ r ~® ~s S S < E IAPAl1ApAVE _ 2~ Z ~~ ~ , q, < 1 ~` ~y,DDW AVE G 0 V EB0.DPDWP 10523 LA PALMA AVE April 28, 2008 Subject Property General Plan Amendment No. 2008-p0464 Reclassification No. 2008-00216 Conditional Use Permit No. 2008-05309 Determination of Public Convenience or Necessity No. 2008-00040 770 North East Street e e ~~ Q e ~ ``- IV _ ,< ~~ E.IA PAINAAVE ~; _, ~ ~; PO ~b, ~t1 o e`, c; F ~MCaW P~ SPY e' gOROP '10523 C L SCC ~p kbJ Byi Aerial Photo: h<; July 2006 A'T'I'ACFIILIEIVI' IV®. 1 Pgt®.~C'T S?<J1~IV[ARI' General Plan Amendment No. 2008-00464 llevelo` anent Standard ` Pro osed~Pro'ect `. C-G S#andards - Site Area 0.57 acre N/A Maximum Structural Hei t 27.5 feet 28 feet Structural Setbacks Adjacent to La Palma 15 feet 15 feet Adjacent to East Street 15 15 Adjacent to RM-4 property 20 20 (east) Adjacent to RS-2 property 27 20 south Landscape Setbacks Adjacent to La Palma 1S feet 15 feet Adjacent to East Street 15 15 Adjacent to RM-4 property 20 10 (east) Adjacent to RS-2 property 10.5 10 south) Re uired Parking 24 s aces 24 s aces i___._ N i °) N C O U U I J ~ ~ '~ z m 3nN3Atl .~ Nll 6fll ~ 3nN3Atl 3 NI15n1 O ~ 133ill6 ; { 133b16 ~ Wnn 3010 . ` 66tl10 OAIO ~\ d3W3tltlN , +~~t~ 133dLS ~~.~` Wn03T0 ~ advn3lnoe 3`]31100 16 a ~ 303 1OJ 16 C) 133b15 ~ 133416 tllOtlOtl ~ 61M31 133lll6 15tl3 . . '-~' ~ ~ ~ 133}ll6 ~ ^1 a , , ,, - a31svH ~ / vV W O ~ OA1B aoebvH W C obvn3lno6 y..~ O Wi3HrNV C ~ '9A10 133416 ~J! W ~ b00bbH 163M ~ ( ) ~ W ~p , p 133416 ~ ~ T LL H1NIN ~ Y ~ Q ~ 133b16 133416 y Z _ ( ) OIt003 OWOn3 ~ , ~ •V ^ li 133b16 OOOM1nN 133ill6 133416 16tlnHN00tl0 ~ 1SLnHN00d6 ~ rr nn a V 133 W6 133836 1b361IO ~ 1b38110 30N3Atl 3nN3Atl bfIONOtlW ` tlIIONOVW I 3NN3Atl 3nN3Atl 3N0 3TI0 adtln3lnae onvA31008 HOy30 N]Y39 3nN3Atl 30N3Iry Ntl3I63M Ntl3163M 30N3AV 30N3Atl 110NN 130NN 9 ° i i g ~ ~ ~W ~~' 3 ~ ~ c ? ~ a ~ ~ ~~ ; ~a 5~ ~~ ~ ~ '$ ~@ ~ ¢ ~t $' ~ 1 g ~ S a lY $< B¢ O a [»~~T~ ATTA~>~~IJ~T N®. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION' RECOMMENDING THAT THE CITY COUNCIL APPROVE A CEQA NEGATNE DECLARATION AND APPROVE GENERAL PLAN AMENDMENT N0.2008-00464 PERTAINING TO THE LAND USE ELEMENT. WHEREAS, the Anaheim Planning Commission did receive a verified Petition for General Plan Amendment for certain real property situated in the City of Anaheim, County of Orange, State of California shown on Exhibit A, attached hereto and incorporated herein by this reference; and designated on the City of Anaheim General Plan for Low-Medium Density Residential land uses; and WHEREAS, the Anaheim City Council did adopt the Anaheim General Flan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, General Plan Amendment No. 2008-00464 proposes to amend the Land Use Element of the Anaheim General Plan as follows: 1. Amend `Figure LU-4: Land Use Plan" of the Land Use Element of the General Plan to redesignate the subject property from the Low-Medium Density Residential land use designation to the General Commercial land use designation as shown on Attachment "A-1" attached hereto and incorporated herein by this reference as if set forth in full. WHEREAS, General Plan Amendment No. 2008-00464 is proposed in conjunction with Reclassification No. 2008-00216, Conditional Use Permit No. 2008-05309, and Deternunation of Public Convenience or Necessity No. 2008-00040 to construct a service station. with a caz wash and a convenience mazket with sales of alcoholic beverages for off-premises consumption (herein collectively referred to as the "proposed project actions"); and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevazd, on Apri128, 2008, 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, to heaz and consider evidence for and against said proposed project actions, including General Plan Amendment No. 2008- 00464, and to investigate and make findings .and recommendations in connection therewith; and WHEREAS, said Commission, after due considerafion, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby fmd: -1- PC2008 *** 1. That the proposed amendment maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan aze consistent with Goal 3.1 of the Land Use Element of the General Plan to pursue land uses along major corridors that enhance the City's image and stimulate appropriate development at strategic locations. 2. The proposed amendment would not be detrimental to the public interest; health, safety, convenience, or welfare of the City in that the proposed amendment to the Anaheim General Plan would result in a commercial development in a strategic corridor intersection providing a commercial property to the surrounding neighborhood; 3. The. proposed amendment would maintain the balance of land uses within the City, in that the proposed amendment would provide a commercial asset and convenience to the residential neighborhood; and 4. That the subject property proposed to be designated to a new land use, as depicted on Attachment A-1, is physically suitable to accommodate the proposed modification, including but not limited to access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses in that: a, Access to the property would be maintained from East Street and La Palma Avenue; b. The proposed project on the property proposed to be designated to the General Commercial land use meets all Code requirements and contains no physical constraints for the development. 5. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby fmd and determine that the Negative 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 significanf effect on the environment. NOW, THEREFORE, BE IT FURTHER RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend that the City Council of the City of Anaheim approve General Plan Amendment No. 2008-00464, as described above. 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 delays in the issuance of required permits or the revocation of the approval of this application. -2- PC2008 *** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Apri128, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. CFIAIRMAN, 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 April 28, 2008, 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 __, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008--* * * ~~ ~ i Y g W\~HE~~11~t~P S~ Source: Recorded~Tract Maps and/or CFty GIS. Please note the accuracy is +/- two to five feet. \\2 -~ 1~ r Subject Property General Plan Amendment No. 2008-00464 Reclassification No. 2008-00216 Conditional Use Permit No. 2008-p5309 Determination of Public Convenience or Necessity No. 2008-00040 770 North East Street LA PALMA AVE 10523 n _ .SO ..., iuu Feet b ~ ~' r z e O ° +~ ~ ~ ([p' ~1'~J ® ~ ~ O ~ J E ~n x~ •'y Z K O W O pQ _ ® ~ ~ ~ O g ~ > z' ~~ }t a Z~' G w ZU u ® ~ OW2 ~ m W O ~ ~ • f , = - J ' . nn •• w KI- 'E E E w i o Kr r' m0 U U m0 0 F-+ ~ w w ~ o~ p ~ ^~ a !9 V n w p °~ ¢ a ¢o v i °do is rave E a p ~~ iy JUN~PERP w -, , Zj sC o y R m/ j 3 a C CL A ~ ~ d ~ N 0 N ~ ~ r R ? ~~/ ~Y '~ C ~ 1Y N d ~~ '~ d ~N Zj ~ ~ J oh Sj W o OR~p.R ' y ni ~~ w v s r S a~~,.~•~~ ~~ ~~ u ~ ra ' r S~ ST ~ > ~~ Su EP A~ < mm c m ~ o o ~ ° ' E o : m O. w U ~ KJ m ~ W Q N F Q Y •y G Q Z N ; g ~ r SUSH St G m 4 i1N General flan Amendtnent No. 2006-00464 Land Use Elenten@ Es~hibit A-2 Acreage - 0.57 Water i ~'-T-'-Residential Low_ Low-Medium isity Residential _ LA PALMA AVE BELMONT AVE `~ Residen 5 ' Low i LoW ` entiall.oW'~ge'V Np0.TM sT Resid i \ ®sid ediurt~ ~n Residentta ~o,N.PA .,,.~idehtial Existing Land Use Designation -Residential Low-Medium Figure 2 Water General Commercial pOR N~ ti R®l~rtia\ Residential Low I I I I I BELMONT AVE sidential Low Y Residen 5 Low LA PALMA AVE ew. ~ted-\ Resldentiai i' N Resid® Jtia1 eW ~ dl Proposed Land Use Designation -General Commercial Figure 3 snz ~ T ATTACd~VI[~1~1'I<' l~T®. 3 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATNE DECLARATION AND APPROVING RECLASSIFICATION NO.2008-00216 (770 NORTH EAST STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification far certain real property situated at 770 North East Street in the City of Anaheim, County of Orange, State of California, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public heazing at the Civic Center in the City of Anaheim on Apri128, 2008 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 heaz and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, a8er due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the applicant proposes reclassification of subject property from the RS-2 (Single-Family, Residential) zone to the C-G (Commercial, General) zone. 2. That the proposed C-G zone would be consistent with the proposed General Plan Amendment No. 2008-00464 General Commercial land use designation of the General Plan, which is proposed concurrently with this project. 3. That the proposed reclassification of subject properly is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Cormission has reviewed the proposal and does hereby find and detemune that the Negative 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 fimther finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. -1- PC2008-*** BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the RS-2 (Single-Family, Residential) Zone and to incorporate said described property into the C-G (Commercial, General) Zone subject to the approval of General Plan Amendment No. 2008- 00464 and upon the following conditions which are hereby found to be a necessazy,prerequisite to the proposed use of subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: No. Conditions o£ Approval Responsible for Monitorin TINTIMGr PRi®Pt T(1'71VT'R®DUCTI~N ~F ORDIIVANC~' 1 That this application for reclassification is subject to the approval of Planning General Plan Amendment No. 2008-00464, proposed concurrently with this project. 2 A sewer study shall be submitted to the Public Works Department, Planning Development Services Division for review and approval. The Study shall include an analysis of all sewer impacts to the existing sanitary sewer system based upon the ultimate project build-out condition. If any segment of the existing sewer pipe flows full then development will be restricted, construction of new sewer facilities will be required or denial of the permit may result. The sewer study discussion shall be based'upon and Teference the applicable City of Anaheim Master Plan of Sanitary .Sewers for the project azea. GEIV~'RAL ~; 3 That approval of this application constitutes approval of the proposed Planning 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 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 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. -2- PC2008-*** 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 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 Apri128, 2008. 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 April 28, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008--* * ~J ~I Y g LA PALMA AVE 1z 1 k~~ Subject Property General Plan Amendment No. 2008-00464 Reclassification No. 2008-00216 Conditional Use Permit No. 2008-05309 Determination of Public Convenience or Necessity No. 2008-00040 770 North East Street W~~ MNPS~ Source: RecoMed Tract Maps andlor CIry G15. Please note the accuracy Is +/- two to five feel. e r ~ ~ a m la 6 W Z E UPAUM pVE Z V 2~ _~ r ~~ ~: m\ ~` a P `d E~w ~ OpOWpY E 10523 [~~tAIFTI ATTAC l~T ~®. ~ RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO.2008-05309 (770 NORTH EAST STREET) WHEREAS, dhe Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit to construct a service station with a caz wash and a convenience mazket with sales of beer and wine for off-premises consumption for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the applicant has requested approval of a conditional use permit to construct a service station with a car wash and a convenience market with sales of beer and wine for off-premises consumption 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 April 28, 2008, 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 heaz and consider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to construct a service station with a caz wash and a convenience market with sales of beerand wine for off-premises consumption is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 of the Anaheim Municipal Code; and 2. That the service station, car wash and convenience store use, 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 service station employ sound'reducing measure to ensure that the caz wash and service station will comply with all Code requirements pertaining to sound pressure levels. 3. That the size and shape of the site for the use is adequate to allow the service station, caz wash and convenience store use in a manner not detrimental to either the particulaz area or health and safety as conditioned, as the property meets all Code requirements and there is sufficient pazking to provide for the use. 4. That the traffic generated by the use of the property as service station, caz wash and convenience store use, as conditioned, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea and; 5. That the granting of the conditional use pemuf under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. -1_ PC2008-*~~ 6. That *** indicated their presence at said public heazing in opposition; and that *** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE TT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find and determine that the Negative 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 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 FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-05309 to construct a service station with a caz wash and a convenience market with sales of alcoholic beverages for off-premises consumption 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: Responsible for No. Conditions of Approval IVionitoring T7MfiIG:~AIO RT(D;THEZS5Z1f1N"CEOl%GIff1IBIN'GI'~'R1i~LT5 ` ~. ; = 1 ,`: ` I The applicant shall submit to the Public Works/Development Public Works Services for review and approval a Water Quality Management Plan that: ® Addresses Site Design Best Management Practices (BMPs) such as minimising impervious aeeas, maximizing permeability,. minimizing duectly connected impervious aeeas, creating reduced or "zero discharge" aeeas, and conserving natural areas. ® Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan, ® Incorporates Treatment Control BMPs as defined in the DAMP... ® Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. ® Identifies the enfity that will be responsible for long- . term operation. and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. Il~I1V`Cr::PRl[~~ '?'C8`TH~:I~,S'iTlE9.IVCE~F1~~11119 ~'Z'~'R1ifiITSr ,r ;' 2 A comprehensive final sign plan shall be submitted to the Planning Planning Services Division for review and approval. Any decision by the Planning Services Division regazding signage ma be a Baled to the Plannin Commission as a'Re ores -2- PC2008-*** ldesponsible for No. Conditions of Approval Monitoring ` and Recommendations' item. 3 That no building permits shall be issued until after the Planning effective date of the ordinance approving Reclassification No. 2008-00216. 4 The following items must be submitted and approved: public Works ® Any revisions to the original grading plan related to the building pad. m Two (2) copies of the interim soils report indicating pad compaction and site stability. The original and two (2) copies of a letter of certification for the building pads from the civil engineer, Exhibit D. Exhibit D can be found on the following City of Anaheim website: www.anaheim.net/de~ servc/pub works/dev svc/f~proc. htm 5 The owner shall submit street and landscape improvement Public Works plans for La Palma Avenue and East Street to the Public Works/Development Services for review and approval and bonds shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney's Office. The improvements shall be constructed prior to final building and zoning inspections. 6 The property owner shall irrevocably offer to dedicate to the Public Works City of Anaheim an easement 53-feet in width from the centerline of La Palma Avenue and an easement 55- feet in width from the centerline of East. Street for road, public utilities and other public purposes. Corner cut-off dedication at La Palma Avenue and East is also required. An ADA compliant curb access ramp with truncated domes shall be constructed at La Palma Avenue and East Street in conformance with Public Works Standazd Detail 111-3. The ramp shall be constructed prior to final building and zoning inspections. 7 Plans shall be submitted to the Planning Services Division Planning indicating that the car wash will be equipped with roll-up doors on the entrance and exit of the caz wash. The doors shall be closed at all times when the caz wash is in operation. Said plans shall also specifically note that the dryer shall not operate when the doors to the carwash are open. -3- PC200g--*** Responsible for 1Vo. Conditions of Approval IVTonitoring " Pd~IQIC 3'®I~PNAii'~,(Ii~Ddl±IGAND-ZI~ItTIPICa IN~PL'C2"Pt7nI ; ''` ~ ." , ,_ f 8 The owner shall improve s Public Work ® La Palma Ave: bus shelter must remain in place; proposed driveway approach shall be constructed per Public Works standazd 115-B. o East Street: Dedicate additional 10' for an ultimate r/w of 55'; Widen street to 35' per std. 160-A for the entire length of the property; construct 5' pazkway and 5' sidewalk; relocate catch basin; remove and replace existing driveway approaches with curb and gutter per Public Works standazd 120; proposed driveway approaches shall be constructed per Public Works standard 115-B. 9 Applicant shall pay the City of Anaheim to provide a new City standard bus bench. This new bus bench will be public Works installed by the City at the existing bus stop on La Palma Avenue east of East Street.. 10 Prior to issuance of certificate of occupancy, the. applicant Public Works shall. ® Demonstrate that all structuual BMPs described in the Project & Site Specific WQMP have been constructed and installed in conformance with approved plans and specifications. ® Demonstrate that the applicant is prepazed to implement all non-structural BMPs described in the Project & Site Specific WQMP ® Demonstrate that an adequate number of copies of the approved Project ~c Site Specific WQMP aze available onsite. ® Subnut for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. ~~~ A~.... f1 ~Y~ ~ 311 1 f Y F~3 ~ k j. t7~~ t t fl; , r. ~; t. u J ~ d 'F t i tt`I .. .`, i t, ,. ~. .. z~ ,., ,e F'~9 ~, .ir«e.t lst.,. 4c ~. ~-. ~~: <s L~.J< ... t, .~ v ~ % . ',i'~.,. ~ ~=ti 11 The property owner shall record an unsubordinated Planning covenant, satisfactory to the Planning Director and City Attorney, agreeing to remove all structures, including underground storage tanks, in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during an month -4- PC2008-*** Responsible for hlo. Conditions off Approval lddonitoring in which it is open for less than fifteen (15) days. 12 Window signage shall not be permitted for the service stafion Planning or convenience mazket. All fixtures, displays, merchandise and other materials shall be set back a minimum of three (3) feet from all window areas. 13 No storage, display or sales of any merchandise or fixtures Planning shall be permitted outside the building. 14 That the caz wash shall comply with all state laws and local Planning ordinances for Water Conservation Measures. Voluntary water conservation strategies shall be encouraged. 15 The applicant shall maintain on file an Emergency Listing Police Cazd, Form APD-281, with the Police Department. 16 The applicant shall complete aBurglary/Robbery Alarm Police Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. 17 Rear entrance doors shall be numbered with the same Police address numbers or suite number of the business at a minimum letter height of 4 inches. 18 That the pazking lot of these premises shall be equipped with Police decorative lighting of sufficient power to illuminate and make easily discernible the appeazance and conduct of all persons on or about the pazking lot. Lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window azeas of nearby residences. Said information shall be specifically shown on the plans submitted for building permits. 19 That there shall be no video, electronic or coin-operated Police games, or pool tables or other amusement devices maintained upon the premises at any time. 20 That any public telephones proposed on-site shall be located Police inside the convenience mazket. -5- PC2008-*** Responsible for No. Conditions off Approval IOBonitoring 21 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the , City of Anaheim by the petitioner and which plans aze on file with the Planning Department mazked Exhibit Nos. 1 and 2, and as conditioned herein. 22 The hours of operation shall be consistent with the letter of Planning operation on file with the City of Anaheim Planning Department, or other similaz off-peak hours such as other weekend days or weeknights. 23 That approval of this application constitutes approval of the Planning proposed request only to the extent that is 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.. 24 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 charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Apri128, 2008. 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. -6- PC2008-*** 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 Apri128, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2008-*** ,JU h Y g LA PALMA AVE ~o ~~ Subject Property General Plan Amendment No. 2008-00464 Reclassification fVo. 2008-00216 Conditional Use Permit No. 2008-05309 Determination of Public Convenience or Necessity No. 2008-00040 770 North East Street W~~N~`M`NP S1 Source: Recorded Tract Maps and/or Clty GIS. Please note the accuracy is +/- lwo to five feel. s r s " ~ s y 'E IAPAIMgpVE 2 6 _~ ~` gym, ~, ~' , m' $ ; 1 ~ ~ A 1 o O P E,IWGOW ~Py Eeao 10523 o sa roo ~r BDI3 AlF'I' ATTAC >El~d'Y' l~l~. 5 RESOLUTION NO. PC2008-** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00040 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE (770 NORTH EAST STREET) WHEREAS, on 7uly 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 Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit sales of beer and wine for off-premises consumption for a convenience store in conjunction with an application for a General Plan Amendment, Reclassification and Conditional Use Permit to designate the property to from Low-Medium Density Residential to General Commercial land uses, reclassify the property from the Single-Family, Residential zone to the Commercial General zone and to permit a service station with a caz wash and convenience store with sales of beer and wine for off-premises consumption for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission of the City of Anaheim did receive an application; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Apri128, 2008, notice of said public hearing having been duly: given as required by Resolution No. 95R-134 and in accordance with the provisions of the, Anaheim Municipal Code, Chapter 18.60 "Procedures", to heaz and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license and to investigate and make findings and recommendations in connection therewith; and Wl-IEREAS, 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 - PC2008-*** 1. That the (C-G) Commetcial, General zone permits the sale of beer and wine for....:.... off-premises consumption within a convenience market subject to the approval of a conditional use permit. 2. That California state law requires a Determination of Public Convenience or Necessity when properly is located in a police reporting district with a crime rate above the city average; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of beer and wine does not adversely affect any adjoining land use or the growth and development of the surrounding area. 4. That subject property is located in Reporting District 1526, which has a crime rate of 107 percent above the City average and is also located in Census Tract 864.05 which permits 4 off-premises sales and consumption licenses and currently there aze 3 licenses existing. 5. That there is a preschool adjacent to the site to the south and there are no public parks adjacent to the subject site. 6. That there is one license for off-premises sale and consumption immediately adjacent to the site. The conditions of approval will ensure that approval of the proposal will not adversely affect any adjoining land use or the growth and development of the surrounding azea. 7. That the Determination of Public Convenience or Necessity can be made based on the fmding that the license requested is consistent with the Planning Commission guideline for such determinations. 8. That beer and wine sales for off-premises consumption will be accessory to the general retail sales of the proposed convenience mazket. The convenience store with accessory beer and wine sales will provide a convenience to patrons visiting the service station. Therefore, the requested off-sale license will not be detrimental to the azea provided that restrictions on the sales of beer and wine aze included in the approval. 9. That *** indicated their presence at said public hearing in opposition; and that *** conespondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find and determine that the Negative Declazation reflects the independent judgment of the lead agency and that it has considered the Negative - 2 - PC2008 *** 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 FURTHER RESOLVED that the Anaheim Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of beer and wine for off-premises consumption at this location based on the following conditions 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: Responsible No. Conditions of Approval ffor Monitorin 771V~dIVG: P127O1i T® FdNAL BUILDING~1N11~ 2®NING IN.SPECTIr®NS oR WITFdINt1, " rE~o~ aF oN~ r'r) VF`AR FROmT~Ii DAr> `oF i~rrisn~st?iu~r®~v,w~ricir~t~x ®ccvxs FrxsT ,. , 1 . That this Public Convenience or Necessity No. 2008-000040 is Planning hereby granted expressly conditioned upon approval of General Plan Amendment No. 2008-00464, Reclassification No 2008- 00216 and Conditional Use Permit No. 2008-05309. 2 The subject property shall be developed substantially in Planning accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Department Exhibit No. 1 through 8 and as conditioned herein. 3 Complete aBurglary/Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Department prior to initial .alarm activation. 4 Business shall be equipped with an alarm system (silent or Police audible). 5 File Emergency Listing Cazd, Form APD-281, with the Police Police Department, available at the Police Department front counter. TIri%II+ItII~ ONG®IIVG`lYl1RILi!G oPERATlo1V. 6 This permit is approved without limitations on the hours of Planning operation or the duration of the use. Amendments, modifications and revocations of this permit may be,processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Inifiated Revocation or Modification of Permits) of the Anaheim Municipal Code. - 3 - PC2008--*** I~esponsiblg C®A Conditions of Approval ffor l~onltOrlII Td11171Vfy: GENER4L't;®NI)ITF®N,S Security measures shall be provided to the satisfaction of the Police Anaheim Police Department to deter unlawful conduct on the 7 part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. There shall be no exterior advertising or sign of any kind or type, Police including advertising directed to the exterior from within, 8 promoting or indicating the availability of alcoholic beverages: Interior displays of alcoholic beverages or signs for alcoholic beverages which are cleazly visible to the exterior shall constitute a violation of this condition: 9 The area of alcoholic beverage displays shall not exceed 25% of Police the total display azea in the building. 10 Sales of beer and wipe shall be made to customers only when the Police customer is in the building. I I No person under 21 years of age shall sell or be pertnitted to sell Police beer or wine. 12 No distilled spirits aze. allowed under this license. Police The possession of alcoholic beverages in open containers .and the Police 13 consumption of alcoholic beverages are prohibited on or around these premises. The pazking lot of the premises shall be equipped with lighting Police of sufficient power to illuminate and make easily discernible the 14 appearance and conduct of all persons on or about the pazking lot. Additionally the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 15 There shall be no amusement machines, video game devices, or Police pool tables maintained on the premises at any time. There shall be no public telephones on the property that aze Police 16 locates outside the building and within the control of the applicant. - 4 - PC2008-*** No display of alcoholic beverages shall be located outside of a Police 17 building or within five (5) feet of any public entrance to the building. Beer and malt beverages shall not be sold in packages Police containing less than a six (6) pack for off-premise consumption 18 and wine coolers shall not be sold in packages containing less than a four (4) pack. The gross sales of alcoholic beverages shall not exceed 35 percent Police of all retail sales during any three month period. The applicant 19 shall maintain records sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. Wine shall not be sold in bottles or containers smaller than 750 Police 20 ml, and wine-coolers and beer-coolers must be sold in manufacturer prepackaged multi-unit quantities. The property shall be permanently maintained in an orderly Planning fashion through the provision of regulaz landscaping 21 maintenance, removal of trash or debris, .and removal of graffiti within twenty-four (24) hours from the time of discovery. The timing for compliance with conditions of approval may be Planning .amended by the Planning Duector upon a showing of good cause provided (i) equivalent timing is established that satisfies 22 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. Extensions for further time to complete conditions of approval Planning 23 maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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, 24 .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 Resolufion is expressly predicated upon applicant's compliance - g - PC2008-*** 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 Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the findings hereinabove set forth. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocafion of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Apri128, 2008. 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 Apri128, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 6 - PC2008 *** txnt~a ~U r w Y g LA PALf~A AVE G~ Z f ~~ Subject Property General Plan Amendment No. 2008-00464 Reclassification No. 2008-00216 Conditional Use Permit No. 2008-05309 Determination of Public Convenience or Necessity No. 2008-00040 770 North East Street W~HE~~N~NP ST __ Source: Recorded Tract Maps anNor Ciry GIS. Please note the accuracy is +(_ two tc five feet. e ® " 4 m m ~ 0 V 3 ~ w o E ~ LAPALMAAVE ~ I 6 T~ m ~ ~, m- ~, , i1 m ti t COW PVE CM 4 ~ E pMWRY E BR 10523 o so iao recc maa N ~_ 7 ~. 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