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PC 2008/08/04na ei lannin o~si e a Nlondav, Auqust 4, 2008 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Kelly Buffa Chairman Pro-Tempore: Joseph Karaki Commissioners: Peter Agarwal, Gail Eastman, Stephen Faessel, Victoria Ramirez, Panky Romero • Call To Order o Traffic Study Workshop . Design Review Workshop • Preliminary Plan Review 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the August 4, 2008 agenda For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance arrd submit it to the secretary. available for public inspection in the Planninq Department located at Citv Hall, 200 S. Anaheim Boulevard, Anaheim, California, durinq reqular business hours. . Recess To Public Hearing . Reconvene To Public Hearing 2:30 P.M. • Pledge Of Allegiance e Oath Or Affirmation of Allegiance: New Planning Commissioner Victoria Ramirez • Appointments: New Planning Commission Chairman and Chairman Pro-Tempore • Public Comments e Consent Calendar o Public Hearing Items . Commission Updates o Adjournment You may leave a message for the Planning Commissioo using the following e-mail address: pianninqcommission(~o.anaheim.net H:\TOOLS\PC Admin\PC Agendas\(080408).doc Anaheim Planning Commission Agenda - 2:30 P.M. Planning Commission Appointments: Appointment pf a Planning Commission Chairman Motion Appointment of a Pianning Commission Chairman Pro-Tempore Motion Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Pianning 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 Plan~ing Commission, staff or the public request the item to be discussed and/or removed from the Consent Galendar for separate action. Reports and Recommendations ITEM NO. 1A Owner: Stonegate Development, LLC 27071 Cabot Road, Suite 106 Laguna Hilis, CA 92653 Applicant: Discovery Development, LLC 27071 Cabot Road, Suite 106 Laguna Hilis, CA 92653 Location: (No address): Property is 32.3 acres and is located approximately 1,400 feet south of the intersection of Santa Ana Canyon Road and Deer Canyon Road (an existing mainte~ance road) between Festival Drive to the east and Eucalyptus Drive to the west. Request to permit a retroactive extension of time to comply with conditions of approval for a previously-approved tentative tract map to establish a 39-lot, 35-unit single-family detached residential subdivision. Motion Project Planner: Scott Koehm skoehm(o~ anaheim. net 08/04/0$ Page 2 of 13 ITEM NO. 16 CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) AND CONDITIONAL USE PERMIT NO. 2006-05150 (Trackina No CUP2008-05334) Owner and Applicant: Mike Bareh P.O. Box 10038 Costa Mesa, CA 92627 Location: 3319 and 3321 West Lincoln Avenue: Property is approximately 0:83 acre, with a frontage of 122 feet on the north side of Lincoln Avenue and 171 feet west of the centerline of Westchester Drive. Request for a retroactive extension of time to comply with conditions of approval for a previously-approved permit to construct a 12-unit condominium complex. ITEM NO. 1 C Motion Project Planner: Kimberly Wong kwona2Ca~anaheim. net Motion Applicant: City of Anaheim, Planning Department 200 South Anaheim Boulevard Anaheim CA 92805 Location: 950 - 970 North Tustin Avenue: Property is located at and is approximately 2.82 acres, with a frontage of 460 feet on the east side of Tustin Avenue with the SR-91 to the no~th of the property and the Orange County Flood Channel to the south. Request to initiate the revocation or modification of Conditional Use Permit No. 3277 (to permit office uses in an existing industriat building with waiver of minimum distance between freestanding signs). Project Planner: Kimberly Wong kwonq2(a~anaheim. net 08/04/08 Page 3 of 13 Owner: Barry Lee Konier P.O. Box 2158 Orange, CA 92859 Nlinutes ITEM NO. 1D Receiving and approving the Minutes from the Planning Commission Meeting of June 23, 2008. NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. Motion 08/04/08 Page 4 of 13 Public Hearina Items: ITEM NO. 2 CEQA NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP NO. 2007-232 Owner: North Anaheim Associates 3185 Pullman Avenue Costa Mesa, CA 92626 Applicant: BKM Development 3185 Pullman Avenue Costa Mesa, CA 92626 Location: Assessor Parcel No. 035-010-80: Property is approximately 4.61 acres, having a frontage of 131 feet on the west side of Patt Street and 229 feet on the west side of Kemp Street approximately 452 feet north of the centerline of La Palma Avenue. Requestto establish a 5-lot industrial subdivision. Continued from the June 23, 2008, Planning Commission meeting. Resolution Project Planner. Kimberly Wong kwonq2(o~anaheim. net 08/04/08 Page 5 of 13 ITEM NO. 3 CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) AND CONDITIONAL USE PERMIT NO. 2008-05326 WITH A WAIVER OF CODE REQUIREMENTS Motion Request for co~tinuance to August 18, 2008 (Trackinq No. CUP2008-05345) Owner: Caruthers Properties 2107 Yacht Mischief Newport Beach, CA 92660 Applicant: Anaheim Redevelopment Agency 201 South Anaheim Boulevard, Suite 1003 Anaheim, CA 92805 Location: 502 - 524 East Julianna Street: Property is approximately 1.68 acres, located at the southeast corner of Julianna Street and Sabina Street with a frontage of 389 feet on the south side of Julianna Street and 163 feet on the east side of Sabina Street. Request to permit automotive repairs and modifications in Projecr alarrner. conju~ction with a previously-approved towing business, Kimberly Wong with fewer parking spaces than required by code. The kwonq2(a~ananeim.net approved towing business also inciudes a vehicle impound yard and an area for washing towed vehicles. 08/04/08 Page 6 of 13 ITEM NO. 4 SE Owner: Lawrence A. Greco P.O. Box 473 Kihei, HI 96753 Applicant: Dick Evitt 5905 Winncliff Drive Riverside, CA 92509 Location: 1695 West Lincoln Avenue: Property is approximately 0.44-acres, having a frontage of 143 feet on the north side of Lincoln Avenue and is located approximately 100 feet east of the centerline of Euclid Street. Request to permit the retail sales and installation of automobile wheels, tires and audio systems, window tinting, auto detailing and upholstery and an auto brokerage. Continued from the June 23, 2008, Planning Commission meeting. Resolution Project Planner. Diane Bathgate dbathqate(a~ anaheim. net 08/04/08 Page 7 of 13 ITEM NO. 5 CEQA NEGATIVE DECLARATION CONDITIONAL USE PERMIT NO. 2008-05322 WITH A WAIVER OF CODE REQUIREMENTS Owner: Eliane Ortuno Trust 11200 Horizon Way Tustin, CA 92782 Joe Criscione 2544 West Woodland Drive Anaheim, CA 92801 Woodland Realty, LLC 200 East Baker Street Costa Mesa, CA 92626 Applicant: Church of Southland 13353 Alondra Boulevard, Suite 208 Santa Fe Springs, CA 90670 Location: 2536 & 2544 West Woodland Drive and 1200 North Maqnolia Avenue: The proposed church site is located at 2536 West Woodland Drive and is approximately 1.3 acres, with a frontage of 48 feet on the south side of Woodiand Drive approximately 871 feet east of the centerline of Magnolia Avenue. Off-site parking would be provided on two properties located at (1) 1200 North Magnolia Avenue which is approximately 1.5 acres, having a frontage of 266 feet on the east side of Magnolia Avenue and 204 feet on the north side of Woodland Drive and (2) 2544 West Woodland Drive which is approximately 0.33 acre, having a frontage of 84 feet on the south side of Woodland Drive approximately 718 feet east of the centerline of Magnolia Avenue. Request to permit a community and religious assembly hall in an existing industrial building with fewer parking spaces than required by Code. Resolution Project Planner. Elaine Thienpraslddhi ethien(a~anaheim. net 08/04/OS Page 8 of 13 ITEM NO. 6 - -- - CEQA CATEGORICAL EXEMPTION CLASS 1 AND Resolution _ CONDITIONAL USE PERMIT NO. 2008-05329 Owner: Antranik Kassabian 1517 South Sepulveda Boulevard Los Angeles, CA 90025 Applicant: TW Layman Associates 16633 Ventura Boulevard, Suite 13 Encino, CA 91436 Location: 2201 West Lincoln Avenue: Property is approximately 0.43 acre, having frontages of 122 feet on the north side of Lincoln Avenue and 150 on the west side of Brookhurst Street. Request to permit a convenience market without alcohol Project P/anner: sales within an existing commercial retail center. Elaine rnienprasiddni ethien(~anaheim.net ITEM NO. 7 CEQA CATEGORICAL EXEMPTION CLASS 1 AND Resolution CONDITIONAL USE PERMIT NO. 2008-05327 Owner and Applicant: Majid Nazari 1200 North East Street Anaheim, CA 92805 Location: 1200 North East Street: Property is approximately 0.35-acre, located at the northeast corner of East Street and Romneya Drive, with frontages of 105 feet on the east side of East Street and 147 feet on the north side of Romneya Drive (Sunkist Unocal) Request to authorize the sale of beer and wine for off- Project P~anner. premises consumption at an existing service station and ~avid see convenience market. dseeC~o anaheim.net 08/04/08 Page 9 of 13 ITEM NO. 8 Owner: A~aheim Automotive 1271 South Phoenix Club Drive Anaheim. CA 92806 City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 Dela LLC 1300 Auto Center Drive Anaheim, CA 92806 Erick Jan Bickett Trust 4069 Live Oak Lane Yorba Linda, CA 92866-7103 Hardin Automotive 1381 Auto Center Drive Anaheim, CA 92806-5612 ACD Holdings, Llc 1350 Auto Mall Drive Santa Ana, CA 92705-4753 Applicant: Rod Wilson EMI 4737 West 156~h Street Lawndale, CA 90260 Location: 1321 -1381. 1300 -1382 South Auto Center Drive and 1221 - 1271 South Phoenix Club Drive: Property is approximately 21.62- acres, having approximate frontages of 270 feet on the south side of Ball Road, 800 feet on the west side of Phoenix Club Drive, 750 feet on the north side of Auto Center Drive, 800 feet on the south side of Auto Center Drive and 590 feet on the north side of Sanderson Road. Request to construct a 70-foot high freeway-oriented electronic readerboard sign for the Anaheim Auto Center that is larger, taller and wider than permitted by Code. Resolution Project Planner. Ted White twhite a(2anaheim.net ~8/04/08 Page 10 of 13 ITEM NO. 9 CEQA DETERMINATION: SECTION 21080 PUBLIC RESOURCES CODE EXEMPTION AND ZONING CODE AMENDMENT NO. 2008-00067 Applica~t: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Cityvuide This is a request initiated by the City of Anaheim Planning Department to amend a section of Title 7(Morals and Conduct) and various sections of Title 18 (Zoning) of the Anaheim Municipal Code as follows: Title 7- to amend Chapter 7.24 (Handbills) by adding language related to the distribution of handbills at public venues; Title 18 - to amend Chapter 18.38 (Supplemental Use Regulations) by adding special event provisions for The Platinum Triangle, to clarify existing citywide special event provisions and to amend provisions related to the establishment of carnivals and circuses; to amend Chapter 18.10 (Industrial Zone) to clarify permitted outdoor activities; to amend Chapter 18:04 (Single-Family Residential Zones) to amend various sections pertaining to permitted encroachments for accessory uses/structures; and to amend Chapter 18.52 (Density Bonus) pertaining to application review to provide consistency with recent changes in project processing - procedures. Continued from the June 23, 2008, Planning Commission meeting. Motion Request for continuance to August 18, 2008 Project P/anner: Vanessa Norwood vnonvood(a~anaheim.net Adjourn to Monday, August 18, 2008 at 1:00 P.M. for Preliminary Plan Review 08/04/08 Page 11 of 13 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. July 31, 2008 (TIME) (DATE) LOCATION: COUNCIL CHA~ DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: G`'~~ ~ 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 P~ANNING 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 reasoneble arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning DepartmenYs Automated Telephone System at (714) 765-5139. OS/04/08 Page 12 of 13 SCHEDULE 2008 August18 I September 3 (Wed.) September 15 September 29 October 13 I October 27 I November 10 November 24 December 8 II December 22 (Cancelled) ~I asioaios Page 13 of 13 August a, 2008 Subject Property Tentative Tract Map No. 16440 (Tracking No. SU62008-00057) APN: 35622105 n 10317 ~ IUII I00 ~~~ ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. F~~~ Auqust 4, 2008 Subject Property Tentative Tract Map No. 16440 (Tracking No. SU62008-00057) APN: 35622105 ^ 10317 ° 1p0 20D~/~ Aerial Photo: ~ `-'" July 2006 ITEM NO. 1-A PLANNING COMMISSION AGENDA City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 4, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: TENTATIVE TRACT MAP NO. 16440 (Traclcing No. SUB2008-00057) 200 S. Anaheim Blvd. Suite #'162 Anaheim, CA 92805 Tel: (714) 765-5134 Fax:(714)765-5280 www.anaheim:net LOCATION: Approximately 1,400 feet south of the intersection of Santa Ana Canyon Road and Deer Canyon Road. APPLICANT/PROPERTY OWNER: The applicant is Anna-Lisa Armanino representing the property owner, Discovery Development LLC. REOUEST: The applicant requests a retroactive two-year extension of Yime to comply with conditions of approval for a previously-approved 35-unit detached single-family subdivision. RECOMMENDATION: Staff recommends the Planning Commission, by motion, determine t11at the previously-certified Environmental Impact Report No. 329 serve as the appropriate environmental documentation For this request and approve a retroactive two year extension of time for Tentative Tract Map No. 16440. BACKGROUND: This property is currentiy vacanY and is located in the Single- Family Residential (RS-2) zone. The Anaheim General Plan designates this property for Low Density Residential and Open Space land uses. Tl~e properties to the north and south are designated for Open Space and Estate Density Residential land uses. The property to the east is designated For Open Space land uses and khe properties to tlie west are designated for Estate Density Residential land uses. On June 7, 2005, the City Council approved Tentative Tract Map No. 16440 to establish a 35-unit single-family subdivision and Variance No. 2004-04597 to permit one of the residential lots to have a 15-foot setback where a 25-foot setback was required by Code. Tlie tentative tract map was approved for a period of two years, and tl~e variance was approved for one year. The Code permiYs two time extensions for entitlements, wiUi the time period for eacli extension no longer than the inilial approval period. Two time extensions have been approved for the variance, witli the last permitted extension expiring on June 7, 2008. Therefore, the variance is no longer valid. The applicant is aware of this and has indicated that a new variance may be applied for prior to development of the property. TENTATIVE TRACT MAP NO. 16440 August 4, 2008 Page 2 of 2 In 2006, the Plamiing Commission approved a one-year extension oF time for the tentative tract ----- map whicl~ was set to expire on June 7, 20Q8. The Zoning Code permiCs one more time extension for the map for a period of up to two years. DISCUSSION: On May 8, 2008, prior Yo the expiration of the tentative tract map, the'applicant submitted a request for a two year time extension, extending the expiration date of the map to 7une 7, ZO10. In April, Yhe City Council approved an Economic Stimulus Package for ResidenYial Development designed to create incentives to promote tl~e development, sale and rental of homes through tlie summer of 2010. Staff researcl~ed the Council's action to detemiine if the project could benefit from ihe Economic Srimulus Pac]<age. It was determined that the CounciPs actions did not apply to this project and staff notified the developer and scheduled the time extei3sion request. Since Code permits the granting of a maximum of two time extensions, this woiiid be the lasC time extet~sion request allowed for this entitlement. Since the map was inltially approved in 2005, an extension oFtime to 2010 would also comply witl~ the Subdivision Map Act, which allows tentative maps Co be valid far a maYimum of five years from the date of initial approval. Since approval of the permit, there have been no changes to the General Plan and Zoning Code khat would affect tliis project. ThereFore, staff recommends approval of a two-year retroactive extension of time ko 7wie 7, 2010. Respectfully submitted, ~ ~ 9J~~rs ~ Priucipal Planner Attachments: 1. Letter of Request iager The following attaclmients were provided to the Planning Commission and are available for pubiic review at Yhe Planning Services Division at City Hall. 2. Previpus Planning Commission Staff Report (7uly 9, 2007) 3. Previous Planning Commission Meeting Minutes (July 9, 2007) ATTACHMENT NO. 1 STONEGATE May 8, 2~08 City of Anaheim Planning Departmenf Attn: Scott Koehm, Associate Planner 200 South Anaheim Boulevard Anaheim, CA 92805 SUBJECT: REQUEST FOR EXTENSION OF TIME - TENTATIVE MAP 16440, GPA 2004-00416, RECLASSIFICATION NO. 2004-00114 AND VARIANCE NO 2004 - 04597, EIR 329 - DEER CANYON ESTATES Dear Mr. Koehm; On behalf of Discovery Development, LLC please accept this letter as our request for a one-year extension of time for the above-referenced entitlements which were approved by the Anaheim City Council on June 7, 2005. The project has a very complicated environmental permitting process, and we have spent a great deal of time working with the US Fish and Wildlife Service to amend the terms of our biological opinion permit (please see attached for your reference). In addition, the project has not moved forward because of the very negative economic conditions in the real estate housing industry. I understand that time extensions on Variance applications are limited, please direct us on this matter. As soon as I have any additional direction from you, we wiil file the additional information as required. if you hav= any questions, or if I can be of further assistance, please do not hesitate ko contact me. I can be reached at either (949) 367-9400 extension 5 or (714) 992-2fiS2. Thank you very much. Sincerely, Discovery Development, LLC ;~~. ~ ~.~~-.~~ ~1r~-~ Anna-Lisa Armanino C: File Gordon D. Youde Deborah Rosenthai, Cox, Castle Nicholson 27071 Cabot Road, Suite ID6 ~ La~una Hilis, Calitornia )2653 •(94)) 367-9400 • Fa:e (949) 367-94U5 HAYES CIR HARDING CIR West Anahelm Commertlal Comtlars RedevebpmenfArea T a SOLARACOURTSENIOR O APAftTMENTHOMES N 1320U ~ Q ~ N c~ ti BUENA PARK ' CITY LI MITS ...~..~..~..~..~.. ANAHEIM arv unnirs West Mal C-G RM-4 C-G ~ RESTAURANT ~ O ~ _ ^ 2 N W U ~ ~ Z w ~ a ~ RM-3 ~ TTM 17087 RCL 2006-~0187 RCL 62-63-119 RCL 56-57-77 GCUP 2008A5334 T CuP 20p5-o575o CENTRALIA f-CUP 20o1-o4a7o ELEMENTARY SCHOOL CUP 4140 MEpICAL FACILIN West Anabelm Camme¢ial Camtlors Retlevelopmen! Area RM-2 ~:~ ANAHEIM WEST '~. TOWNHOMES 14 OU ~ 122 ' ~{ r~-n~'~ imertialCOmtlars ftetlevelopment~Area ~ I ~ T VILLAANAHEIM SENIOR APARTMENTS 135 DU LINCOLN AVE C-G UACAM RM-4 SERRANOTERRACE ~ ~ LINCOLN HERITAGE APARTMENTS ~ APARTMENTS 66 DU . . W C-G SMALLSHOPS RM-4 WESTMONT APTS August 4, 2008 Subject Property Conditional Use Permit No. 2006-05150 (Tracking No. CUP 2008-05334) 3319 and 3321 West Lincoln Avenue ,1 10574 Au ust 4, 2008 ~ Subject Property Conditional Use Permit No. 2006-05150 (Tracking No. CUP 2008-05334) 3319 and 3321 West Lincoln Avenue ~ I' 10574 n so mo ' Aerial Phalo: ~ v~,n July 2006 ITEM NO. 1-B PLANNING COMMISSION AGENDA City of Anaheim PLANNING DEPARTMENT DATE: AUG[JST 4, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2006-05150 (Tracking No. CUP2008-05334) 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net LOCATION: 3319 - 3321 West Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicant and property owner is Milce Bareh. REOUEST: The applicant requests a retroacYive oi~e-year extension of time Yo comply witli conditions of approval for a previously-approved 12-unit coaidominiiim project. RECOMMENDATION: Staff recommeuds the Planning Con~mission, by moCion, determine tlrat the previously-approved Negative Declaration serve as the appropriate enviroaunental documentation and approve a retroactive one year extension of time for Conditiona] Use Permit No. 2006-05150. BACKGROUND: This property is developed with an animal hospital and is located in Yhe Multiple-Fantily (RM-3) zone in the Merged Redeveiopment Project Area. The Anaheim General Plan designates this property and properties to the north, south and east for Low-Medium Density Residential land uses; and properties to the west for Medium Density Residential land uses. Conditional Use Permit No. 2006-05150 to construct a 12-unit condominium project was approved by the Planning Commission on December 11, 2006. This permit expired on December 11, 2007. The Code permits two time extensions for entitlements, witl~ the time period for each extension no longer than the lnitial approval period. The applicant submitted a request for a one-year time extension on 7une 11, 2008, which is six montlis after tlae expiration of the permit. In accordance with the Zoning Code, a conditional use pemiit may be extended provided that a wricten request is submitted to the City within six niontUs from the date of expiration. The Co~nmission also approved TenYaYive Tract Map No. 17081, to establish a 13- unit airspace single-family condominium subdivision. The tentative tract map expires on December 11, 2008. ReclassiFcation No. 2006-00187 was also approved by Yhe Commission Co reclassify the property from Yhe General Coinmercial (C-G) zone to the Multiple Family Residential (RM-3) zone. The change of zone was adopted by the City Council on Apri124, 2007. CONDITIONAL USE PERMIT NO. 200C-O515(3 August 4, 3Q(38 Page 2 of 2 DISCUSSION: The applicant subnutted the attached letter requesting a one year extension of'' ' time to comply with conditions oF approval for the permit. This is the first request for an extension of time to comply with conditions of approval. Code Enforcement Division staff conducted an inspection of the property on July 8, 2008, and found graffiti and a deteriorated sign. The property owner has since removed the grafFti and is workiiag to improve the condition of the pole sign by refiirbishing the deteriorated wood on the bottom of t3ie sign and adding sign plates YhaY are missing on tl~e sign. Since approval of the permit, there liave been no changes to the General Plan and Zoning Code that would affect this project. Tlierefore, staff recommends approval ofa one year retroactive extension of time to December 11, 2008. RespectFully submitted, ~~~ ~~f~ Principal Plaruler Attacliments: 1. Prior Resolution (December 11, 2. LetterofRequesY s Manager The following attachments were provided to the Planniug Commission and are available for public review at the Planning Services Division at City Hall. 3. Previous Planning Comnzission Staff ReporC (December 11, 2006) 4. Previous Planning Commission Meeting Minutes (December 11, 2006) 5. Code EnPorcement Memorandum ATTACHMENT NO. 1 RESOLUTION NO. PC2006-112 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FO'R CONDITIONAL USE PERMIT NO. 2006-05150 BE GRANTED (3319-3321 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE NORTH 300 FEET OF THE SOUTH 340 FEET OF THAT PORTION OF THE SOUTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, fN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 13, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued from the November 13, and November 27, 2006, Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the Following facts; 1. That the proposed request to construct a 12-unit attached single-family residential condominium complex is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.06.030.040.0402 (Dwellings - Single-Family Attached) and 18.06.160. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and develppment of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses and complies with all provisions of the code, and would operate in a manner that is compatible and consistent with surrounding land uses. 3. That the proposed use would not adversely affect the adjoi~ing land uses and the growth and development of the area in which it is proposed because the size and shape of the site for the project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area as demonstrated by the lack of waivers. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved tp carry the traffc in the area because the projec[ would be implementing the Low-Medium Density Residential land use designation of the General Plan. This designation was environmentally analyzed as part of the environmental review process required by the California Environmental Quallty Act (CEQA) performed as part of the General Plan Update approved by the City Cpuncil on May 25, 2004. 5. That the granting of the conditional use permit u~der the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. Cr\PC2006-112 -1- PC2006-112 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Plan~ing Commission has reviewed the proposal; and does hereby approve the Negative Declaretion upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative - Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the p[oject will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as show~ on submitted plans. 2. That final landscape and fencing plans in compliance with Zoning Code requirements for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-inch box size trees or a minimum brown trunk height of 8 to 10 feet, shrubs, groundcover, and clinging vi~es to be planted in layers on all walls visible from the public right-of-way and within landscaped setbacks. The landscape material selected shall be appropriate to the width oF the planter area. Any decision made by the Planning Department regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 3. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifcally shown pn the pla~s submitted for building permits. 4. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 5. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 6. That this Conditional Use Permit is granted subjecYto the approval of Reclassification No. 20~6- 00187, and approval and recordation of Tentative Tract Map No. 17081, now pending. 7. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 8. That street lights shall be installed along Lincoln Avenue and a bond posted to guarantee that the lights are installed as approved by the Electrical Engineering Division. The street lights shall be installed prior to final building and zoning inspections. Said information shall be specifically shown on plans submitted for building permits. 9. That the locations for future above-ground utility devices including, but not limited to, electrical transfprmers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific scree~ing treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. -2- PC2006-112 10. That any required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 11. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 12. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street. That if gates are proposed, such installation shall conform to Engineering Standard Plan No. 475 a~d shall be subjecl to the review and approval of the City Traffc and Transportation Ma~ager. Said information shall be specifically shown on plans submitted for building permits. 13. That plans shall be submitted to the City Tra~c and Transportation Manager For review and approval of wall and fence locations to determine conformance with Engineering Standard No. 115. 14. That the owner shall be responsible for the relocation/removal of any traffic signal equipment or any other related equipment in the event that street wideni~g or the new driveway entry conflict with existing equipment. 15, That a written Solid Waste Management Plan shall be submitted to the Public Works Department, Streets and Sanitation Division. Said program shall include information on the following: a detailed, scaled site plan showing the storage and collection areas for automated trash barrels for each unit, the location of any trash enclosure with enclosure details drawings, and truck access. 16. That the developer shall submit grading plans to the Public Works Department, Development Services Division and post a bond to guarentee that the street improvements are constructed as approved by the Qity Engineer. The improvements shall be constructed prior to final building and zoning inspections. 17. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently i~stalled in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal forbuilding permits. 18. That since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. 19. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fre lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 20. That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the Ciry Engineer and City Attorney shall be posted with the City of Anaheim. That the water improvement plans shall indicate a minimum cleara~ce of five (5) feet from the water main to the curb and gukter and a minimum clearance of ten (10) feet from the water main to the sewer line. 21. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This Information will be used to determine the adequacy of the existing water system to -3- PC2006-112 provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. ` " 22. That a master water meter shall be installed on Lincoln Avenue. The master meter shall be above ground on private property with an easement five-foot around the meter pad and the backflow device shall be behi~d the building setback line and maintained by the property owner/homeowners' association. Said information shall be specifically shown on plans submitted for buildi~g permits. 23. That final detailed elevation plans including colors and materials shall be submitted to the Planning Services Division For review and approval. Any decision by staff regarding said plans may be appealed to the Planning Commission as a"Reports and Recommendations" item. 24. That the developer shall submit a landscaping and irrigation plan to the Public Works Department, Development Services Division to improve Lincoln Avenue. The parkway irrigation shall be connected to the on-site irrigation system and maintained by the property owner. A Right-of-Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-of-way. The improvements shall be constructed prior to final bullding and zoning inspections. 25. That the owner shall submit a letter to the Planning Services Division requesting termination of Conditional Use Permit No. 4140 (to permit a church within an existing office building with waiver of min. number of parking spaces and min. setback of an institutio~al use adjacent to a residential zone) since this permit is ~o longer necessary. 26. Prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: . Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporetes Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Ide~tifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and e Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 27. That prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. . Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies pf the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Mai~tenance Plan for all structural BMPs. 28. That prior to issuance of the frst building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the O~ce of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 29. That since the site is located within a liquefaction zone on a Seismic Hazard Map issued by the State of California Divisions of Mines and Geology (DMG), the developer must submit a geotechnical report that -4- PC2006-112 meets the requirements for a"Screening Investigation for Liquefaction Potential" as identified in DMG special publication 117 "Guidelines for Evaluating and Mitigating Seismic Hazards in California" prior to grading plan approval. Please note that if the findings of the screening investiyation cannot demonst~ate ` the absence of Iiquefaction hazards, then the comprehensive quantitative evaluation must be co~ducted to develop mitigation recommendations to effectively reduce the hazard to an acceptable level: 3D, That prior to issuance of building permits, the developer shall submit improvement plans to the P'ublic Works Department, Development Services Division to Improve Lincoln Avenue. No curb relocation is required at this time. Lincoln Avenue shall be improved to have a 14' parkway adjacent to curb and 5' sidewalk. Street trees shall be installed on Lincoln Avenue in conformance with Public Works Standard Detail 110 and the Departme~t of Public Works Landscape and Irrigation Manual for Public Streets, Highway, Right-of-way and Easements. 31. That prior to obtaining Engineering clearance for building permit, the following items must be submitted and approved: . Any revisions to the original grading plan related to the building pad. • 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.neUdepts servc/pub works/dev svc/fq proc.htm 32. That final site and floor plans shall be submitted to staff to ensure a minimum second floor setback of 15-feet from interior property li~es is provided as required by Code. Said informatio~ shall be specifcally shown on plans submitted for building permits, 33. That subject property shall be developed substantially in accordance with plans and specifcatipns submitted to the City of Anaheim by the applicant and which plans are on fle with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. 34. That prior to approval of a grading plan, Condition Nos. 16, 26 a~d 29, above-mentioned, shall be camplied with. 35. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 8, 9, 10, 12, 13, 15, 17, 18, 20, 22, 23, 24, 25, 28, 30, 31 and 32, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 36. That prior to final building and zoning inspections, Condition Nos. 8, 16, 24, 27 and 33, above-mentioned, shall be complied with. 37. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any otherapplicable ordinance, regulation or requirement. 38. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -5- PC2006-112 BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine thatadoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared inValid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOWED that the applicant is respo~sible 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 frst. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 11, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the A~aheim Planning Commission held on December 11, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2007. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -6- PC2006-112 o~iso/tvoe ud:e5 rKx tlitlfti~44ti1 cvn~~o ~~~~,~~~ ATTACHMENT NO. 2 City of Anaheim Att: Kim Wong Fax:714-765-5280 Re; C~JP 206-0515~ Please modify my original raquest for time axtension from two years to a one year extension. Thank'You ~ _ _ _ SP 94-1 RCL 65-66-24 (Res of Intent to ML) RCL &5-66-13 CUP 2169 T-CUP 2003-04675 CUP 4020 WARNER SPREADING BASIN (0. C. W. D.) e A~pha CNortheProAr~ Ar ~a' o' Redeve= ~ _ • e' I __• SP 94-1 ~ 490' ___-~---- a~ ]• ~m ~w o ~' 'O o ~ i ~f~m Z ~ dNr yL o.~ ~ ~ ~~ J ~ T y ORANGE COUNTY FLOOD CHANNEL ~ s~~ '=" ~~ . . ~ ~~r~ August 4, 2008 Subject Property Conditional Use Permit No. 3277 (Tracking No. CUP2008-05347) 950 - 970 North Tustin Avenue 9~ ~ T~~~ i ~'91- pUtD~GE e~• STOaP o . . ~ ` • • ~~ ` ~e • ` ` • SP 94-1 ; ~e RCL 65-66-13 e ~ T ° ` RCL 65-66-13 `e~ ` • ` ORANGE,COUNTY ' FLOOD~CHANNEL ~ \`~a ~osas I Au ust 4, 2008 Subject Property Conditional Use Perrnit No. 3277 (Tracking No. CUP2008-05347) 950 - 970 North Tustin Avenue 10586 a sa ma Aerial Photo: ~ r~~~~ ~ Julv 2006 ITEM NO. 1-C PLANNING COMMISSION AG~NDA REPORT 200 5. Anaheim Blvd, Suile #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 4, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 3277 (Traclcing No. CUP2008-05347) LOCATION: 950 - 970 North Tustin Avenue APPLICANT: City of Anaheim Planning Deparhnent REQUEST: This is a City-initiated request by the Planning Department to initiate flie revocation or modification ofConditional Use Permit No. 3277 which permits office uses in an existing industrial building with less distance beYween freestanding signs Yltan required by Code and an electronic readerboard sign. RECOMMENDATION: Staff recommemds Che Planning Commission, by anotiQn, determine thaY this action is Categorically Exempt under CEQA Guidelines Section 15321, Ciass 21 (Enfarcement Actions by RegulaYory Agencies) and initiate the revocation or modification proceedings for Conditional Use Permit No. 3277. BACKGRODND: This property is developed with office and industrial businesses and is located within the Northeast Area Specific Plan, Development Area 5(SP94-1 - Commercial Area). The General Plan designates this property for Low Intensity Office land uses. The Riverside Freeway (SR-91) is located to the north, east and west of the property and the Orange Cotmty Flood Channel is located to the south. The property was originally developed as a contractor's storage yard with two accessory office buildings in an industrial zone. I~ August 21, 1990, the City Council approved Conditional Use Permit No. 3277 to permit office uses in the industrial buildings with waivers of less distance than required by code between freestanding signs and an electronic readerboard sign. Specific professional office uses were permitted by the perniit. The approval for the sign stipulated the types ofchanging messages allowed for the sign including on-premises businesses, time and temperahire. On August 20, 2007, the Planning Commission initiated proceedings to revoke or modify this permit because the elecCronic readerboard sign was advertising businesses on other properties, wall and monument signs were modified and unpem~itted and the landscaping was not maintained. On January 7, 2008, tl~e Planning Commission approved staff's request to terminate the revocation or modification proceedings since the property owner was correcting the problems and violations relating to the maintenance of the property and use. CONDITiONAL USE PERMTI NO. 3277 Augus[ 4, 2005 Page 2 of 2 DiSCUSSION: Community Preservation staff has subrnitted the attached memorandum "` indicating that Yhe freeway-oriented electronic readerboard sign has been used Yo advertise businesses both on and off site, and services that are not allowed under the original approvaL The Code prohibits the advertising of businesses off site. In addition, tlie sign has not been- inaintained in an appropriate condition and has missing sign panels. After the initiation to revoke or modify this permit in August 2007, the property owner began worlcing witl~ staff to correct tl~e problems and violations on the property. The readerboard stopped adverfising off-site businesses and signs not permitted were removed and/or modiFed to comply with Code. Since the readerboard sign has started to advertise off-site businesses again aild the attempts to address the issues with the owner have been unsuccessfui, the next course oF action would be to pursue modification or revocation of the conditional use permit. The process for tl~e modification or revocation oP a permit requires a motion of tlie Planning Commission to initiate the proceedings. The item is then advertised for public hearing with notice provided to the property owner and business owner ten (10) days prior to the hearing. The Commission may consider whether to revoke or modify the pem~it on the basis of evidence and testimony submitted at the fiiture public hearing based on certain findings. As part of the future pubiic hearing, Ci7e Planning Commission may also change condirions or add new conditions as necessary to correct problems or violatious relating to tUe use, to preserve the integrity and cl~aracter of the zoning district or to secure the general purposes of the zoning ordinance and the General Plan. CONCLUSION: Staff recommends Planning Commission approve this request to initiate Uie proceedings to modify or revoke Yliis permiY because the readerboard sign continues to advertise off-site uses, which is prollibited, aud because the sign has not been maintained in a like-new condition. This item would be scheduled for a public hearing in September. Respectfully submitted, Con urred by, r ~~ ~~s~ Principal Planner la~ ning Services Manager Attachments: ~ 1. Previous City Conncil Rasolution (Augu t 21, i990) 2. Code Enforcement Memorandum ATTACHMENT NO. 1 RESOLUTION N0. 90R-326 A RESOLUTION OF THE CITY COUNCIL OF THE GITY OF ANAHEIM GRANTING CONDITIONAL U5E P~RMIT N0. 3277. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit industrially-related office uses in an existing industrial building upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THAT PORTION OF LOT 3 OF SECTION 5, TO{VNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, APRIL 13, 1875, AND THAT PORTION OF LOT 4 OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO SAID OFFICIAL PLAT, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THAT CERTAIN COURSE AESCRIBED AS HAVING A BEARING AND LENGTH OF NORTH 82° 43' S4" EAST 211.20 FEET, IN DEED TO THE STATE OF CALIFORNIA (STATE PARCEL 388) RECORDED MARCH 19, 1953 IN BOOK 2472, PAGE 286 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, DISTANT THEREON NORTH 32° 43' S4" EAST 9.30 FEET FROM THE WESTERLY TERMINUS THEREOF; THENCE, NORTN 46° SS' S6" WEST 25.17 FEET; THENCS NORTH SO° h5' 00" WEST 149.30 FEET; THENCE, NORTH 55° 51' S6" WEST 190.40 FEET; THENCE, NORTH 61° 16' 04" WEST 160..46 FEET; THENCE, SOUTH 55° 10' 13" WEST 11.31 FEET; TI-IENCE, SOUTH 3° 29' 34" WEST 40.21 FEET; THEKCE, SOUTH 4° O1' 15" EAST 179.24 FEET; THENCE, SOUTH 9° 56' 22" EAST 168.26 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY PARCEL 2 OF DEED (STATE PARCEL 386) RECORDED MARCH 18, 1953 IN BOOK 2471, PAGE 551 OF SAID OFFICIAL RECORDS; THENCE, ALONG SAID SOUTHERLY LINE, NORTH 82° 25' S7" EAST 51.28 FEET, AND NORTH 77° 34' 27" EAST 327.70 FEET TO THE CENTERLINE OF JEFFERSON STREET, 60 FEET WIDE, DESCRIBED IN DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK 645, PAGE, PAGE 44 OF DEEDS IN SAID OFFICE: THENCE, NORTH 82° 43' S4" EAST 53.05 FEET TO THE POINT OF BEGINNING. ~ PARCEL 2: THAT PORTION OF LOT 3 OF SECTION 5, TOWNSHIP 4 50UTH, RANGE 9 VVEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, APRIL 13, 1875, AND THAT PORTION CUP 3277 OF LOT 4 OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 19EST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ANAH~IM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO SAID OFFICIAL PLAT, DESCRISED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT COURSE DESCRIBED AS NORTH 61° 16' 04" WEST 184.46 FEET IN DIRECTOR'S DEED 00-000388-01-01 RECORDED DECEMBER 19°, ~'~' 1975 IN BOOK 11601, PAGE 695 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE, ALONG THE NORTHi4ESTERLY PROLONGATION OF SAID DESCRIBED COURSH, NORTH 61° 16' 04" }9EST 22.02 F~ET; THENCE, NORTH 14° 06' 08" EAST 13.08 FEET; THENCE, NORTH 68° O1' 00" 14EST 20.72 FEET; THHNCE, SOUTH 35° 30' 44" WEST 10.29 FEET; THENCE, NORTH 61° 16' 04" WEST 52.69 FEET; THENCE, SOUTH 86° 18' 50" WEST 1.13 FEET TO A CURVE CONCAV~ EASTERLY AND HAVING A RADIUS OF 1147.00 FEET; THENCE, FROM A TANGENT WHICH BEARS 50UTH 2° 27' 06" WEST, SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF ~ 17° 31' 02", AN ARC DISTANC~ OF 350.68 FEET TO THE NORTHERLY LINE OF PARCEL 2 OF STATE HI~HWAY RELINQUISHMENT N0. 605, RBCORDED IN BOOK 8706, PAGE 1 OF SAID OFFICIAL RECORDS AND AS SHOWN ON MAP RECORDED IN IIOOK 5, PAGES 47 THROUGH 49 OF S'CATE HIGHWAY MAPS IN SAID OFFICE; THENCE, ALONG SAID NORTHERLY LINE, ON A DIFFERfiN'C BASIS OF BEARINGS, NORTH 74° 26" EAST 55.75 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE, ALONG THE GENERAL EASTERLY LINE OF SAID PARCEL 2, ON A DIFFERENT BASIS OF BEARINGS, THE FOLLOWING THRfiE COURSES: SOUTH 09° 58' 22" EAST 95.26 FEET; 50UTH 82° 28' 32" WEST 4.09 FEET; AND SOUTH 02° 15' 27" WEST 14.03 FEET TO TIIE SOUTHERLY LIEN OF THE LAND DESCRIBED IN PARCEL 2 OF DEED (STATE PARCEL 386) RECORDED MARCH 18, 1953 IN BOOK 2471, PAGE 551 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, NORTH 82° 25' S7" EAST 14.59 FEET TO THE SOUTHWESTERLY :~s CORNER OF THE LAND DESCRIBED IN SAIA DIRECTOR'S DEED 00-000388-01-01; TH~NCE, ALONG 'PHE GENERAL WESTERLY LINE OF LAST SAID DESCRIBED LAND, THE FOLLOWING FOUR COURSES: NORTH 09° 56' 22" WEST 168.26 FEET: NORTH 04° O1' 15" WEST 179.24 FEET; NORTH 03 DEG. 29' 34" EAST 40.21 FEET; AND NORTH 55° 10' 13" EAST 11.31 FEET TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF PARCEL 2 AS DELINEATED AND SHADED ON MAP ATTACHED TO RELINQUISHMENT N0. 605 RECORDED AUGUST 29, 1968 IN BOOK 8706, PAGE 1 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 2, RELINQUISHMENT OF 13IGHWAY RIGHT-OF-WAY, ROAD 07-OR A-1-8.4, REQUEST N0. 605, AS S130WN ON A DOCUMENT RECORDED AUGUST 29, 1968 IN BOOK 8706, PAG~ 1 OF OFFICIAL RECORDS, RECORDS OF SAID ORANGE COUNTY; -Z- CUP 3277 THENCE SOUTHERLY ALONB THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 10° O1' 11" EAST 95.26 FEET; THENCE, SOUTH 82° 25' 43" WEST 4.09 FEET; THENCE, SOUTH 2° 13' 08" WEST 19,86 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE SOUTHWESTERLY ALONG TNE SOUTHERLY LINE OF SAID PARCEL Z, SOUTH 76° 14' 42" WEST 30.93 FEET T0 A POINT ON A NON-TANGENT CURVE CONCAVE EASTERLY WITH THE RADIAL BEARING FROM SAID POINT DEING NORTH 69° 23' '~ 04" EAST, HAVING A RADIUS OF 1147.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 112.61 FEET THROUGH A CENTRAL ANGLE OF 5° 37' 30" TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2; THENCE, EASTERLY ALONG SAID HORTHERLY LINE, NORTH ~4° 44' 37" EAST 54.63 FEET TO THE POINT OF BEGINNING; and WI~EREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, natices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of ~ the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behal£ and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC-132 granting, in part, Conditional Use Permit No. 3277; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and ~ WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is ~j adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. -3- CUP 3277 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare oE the citizens of the City of Anaheim. AND {4HEREAS, the City Council does further find, aFter careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said ~aaiver(s) should be granted, for the following reasons: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under ~ identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THfiREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3277 be, and the same is hereby, granted permitting industrially-related office uses in an existing industrial building on the hereinabove described real property with a waiver oE the following provisions of the Anaheim Municipal Code: SECTIONS 18.05.093.021 - Maximum number of freestandin 18.05.098 si ns. ~si ~n permitted or i ns 3 f~ ~ and 18.61.067 g s rontage; 60 eet o existing) SECTIONS 18.05.093.0231 - Minimum distance between 18.05.098 freestan ing signs. (300 feet - and 18 .067 1 g requir~eet exlst' SECTIONS 18.05.098.011 - Signs in arkin ~ landscape and 18.61.067 area. maximum ~1 si n permitted i~ront 50-foot setback; 2 signs existing) SECTIONS 18.05.098 - Permitted t e of si n. an 18.61.067 Marquee changea le copyJ ~' signs prohibited; 1 marquee sign existing) subject to the following conditions: -h- CUP 3277 1. That trash storage areas s6a11 be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. 2. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic,in the adjacent public street(s). Installation of any gates shall ~ conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Tra£fic Engineer. 3. That plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with Engineering 5tandard Plan Nos. 436 and 602 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 4. That the legal owner(s) oE subject property shall execute and record an unsubordinated covenant in a form approved by ~ the City Attorney's Office wherein such owner(s) agree not to contest the formation of any assessment district(s) which may hereafter be formed for the purpose of financing the undergrounding of utilities, and which district(s) could include such legal property owner's property. 5. That any lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required by the City Fire Department. That the proposed office uses shall be limited to the following listed uses and that an unsubordinated covenant, reviewed and approved by the City Attorney's Offica, so-limiting said uses shall be recorded in the Office of the Orange County Recorder, a copy of which shall then be presented to the Zoning Division: ~ (z) (3) (4) (5) (6) (7) ~8) (9) (10) (11) (12) (13) (14) (15) (16) (1) Accounting - bookkeeping, certified public accountant forms or temporary CPA Firms Advertising Appraisers Banks Brokers - real estate, business Business system companies Communication consultants Computer analysis firms Credit reporting agencies Designers - industrial, interior Development companies opportunities, etc. graphic Facility maintenance and planning Insurance companies or agencies Inventory services Leasing companies Management consultants or companies -5- CUP 3277 (17) Marketing research (18) Personnel agencie.s (19) Quality control analysis (20) Sales offices (which serve the industrial area as°' specified by Code Section 18.61.050.145) (21) Secretarial or business services (22) Any use permitted under Zoning Code Section 18.61.020 "Permitted Primary Uses and Structures", and subject to all conditions of said Section. Each individual use the Zoning Division only be given when either an expressly criteria of 5ection Code, shall require the written approval of prior to occupancy which approval shall it is demonstrated that such use is permitted use in such zone or meets the 18.61.050.145 of the Anaheim Municipal 7. That the on-site landscaping and irrigation system sha11 be maintained in compliance with City standards. ~ 8. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 8; provided, however, that the marquee sign shall display only advertising or business identification pertaining to the on-premise businesses and/or the time and temperature, and that there shall be no display of any other changeable copy or advertising on said sign. 9. That the appropriate permits for the signs along Tustin Avenue shall be obtained from the City Building Division. 10. That Condition Nos. 1 through 6, 8 and 9, above-mentioned, shall be completed toithin a period of ninety (90) days from the date of this resolution. ~r' 11. That approval of this application constitutes approval of the proposed raquest 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 FURTH~R RE50LVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -6- CUP 3Z77 TNE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21st day of August, 1990. ~ N~Y RrOF T C TY OF ANA IM ~~ ATTE~ ~ CITY CLER~ ~~HE~ Y 0~ AHEIM JL1V : kh 3884L 090790 '~ ~' -7- CUP 3277 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANt1fIEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-326 was introduced and adopted at a regular meeting provided by 1aw, of the City Gouncil of the City of Anaheim held on ,~ the 21st day of August, 1990, by the £ollowing vote of the membexs thereof: AYES: COUNCZL MEMBERS: Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Daly, Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-326 on the 13th day of September, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of Septembar, 1990. `~~~ ~~ ~ C~ CITY CLERK OF THE CITY OF ANAH~IM (SEAL) I, LEONORA N, SOHL, City Clerk of the City of Anahaim, do hereby certify that the foregoing is the original of Resolution No. 90R-326, duly passed and adopted by tho Anaheim City Council on August 21, 1990. ~f~ _A..(Q ~~~ CITY CLERK OF THE CITY pF ANAHEIM ATTACHMENT NO. 2 MEMORANDUM CITY OF ANAHEIM Cade Er7forcen~ent Divisiors DATE: July 30, 2008 TO: PLANNING DEPARTMENT FROM: MAYO SALAZAR, CODE ENFORC~MENT OFFICER #1019 SUBJ~CT: REQUEST FOR MODIFICATION OR REVOCATION OF CONDITIONAL USE PERMIT #3277 PROPERTY LOCATED AT 950-970 NORTH TUSTIN AVENUE, PROPERTY OWN~R BARRY LEE I{ONI~R. On November 28, 2006, Code Enforcement staff received a request for service conceming the unpennitted free standing electrical board sign, unpennitted businesses located at rear of property. On November 28, 2006, Code Enforcement Officer Mark Ilagan #1000 went to the location to inspect tl~e property. Mark obse~ved the free standing electrical board sign visible from the 91 FWY eastbound & westbound traffic advertising off-site businesses. He also observed several businesses located at the rear of building 950 on tl~e north side of property. Recreation Resales Ine. ({et sld / quad rentals, sales & service.) Black Diamond Detailing (auto detailing), Unknown business (airbrush painting business). I-Ie also observed an unpennitted addition to a monument sign in front of properiy facing Tustin Ave., unpennitted mounted sign and a banner affixed to tlie soutU property block wall facing the Orange County Water Channel (photo's attached). On December 5, 2006, Mark Ilagan's research indicates that the free standing electrical board sign permits had expired and was not finalized. The above mentioned businesses were never approved by Planning & Zoning. Nlark Ilagan issued a Courtesy Notice to property owner Barry Lee Ko~iier advising liim of the violations of the Anaheitn Municipal Code existing on l~is property and gave him five days to conect or abate the violations. On December 13, 2006, Marl< Ilagan left Mr. Konier a telephone inessage at 714-771-6664 to discuss tl~e conditions of his property. On December 14, 2006, Mark Ilagan left Mr. Konier a second telephone message at 714-771- 6664 to discuss the conditions on his property. On Deceinber I5, 2006, Mr. IConier telephoned Mark Ilagan and advised ]~im d~at he will obtain all required permits on Beeember 18, 2006. On December 19, 2006, Mark Ilagan researched for building pennits thru City oF Anaheim Building Division records for 950-970 N. Tustin Ave. and found no valid building pennits have_, been finalized for the electric reader board sign. Civil Notice of violations was sent to property owner Barry Lee Konier via US Mail and Fax to 714-771-6685 advising him of the violations of the Anal~eim Municipal Code existing on his property and gave him until December 28, 2006 to correct or abate them. On Deceinber 21, 2006, The Civil Notice returned marked "undeliverable" On December 22, 2006, Mr. Konier visited City of Anaheim Planner Kim Wong in Planning and Zoning Division to obtain the reRuired Buildii~g Pennits for the electric reader board sign as requested by Mark Ilagan's notices, no pennits obtained. On December 27, 2006, Mr. I{onier supplied to Planning and Zoning Division a sign pennit. Researcl~ by staff indicates tl~at the final pennit was supplied by Mr. Konier for a meter amperage increase and not for the electric reader board sign. ~On 7anuary 23, 2007, Mark Ilagan uiailed a Civil Citation to property Barry Lee Konier via US Mail and Fax to 714-771-6685 advising him of t13e violations of the Anaheim Municipal Code existing on l~is property and gave hitn until February 1$, 2007 to correct or abate them (A meeting was also held witl~ management regarding businesses on property). On January 29, 2007, I inspected all units at 950 & 970 N. Tustin Ave. for business licenses. See business list for 950 & 970 N. Tustin Ave. (attached) On January 30, 2007, Code Enforcement Officers Mayo Salazar, Mark Ilagan, Don Yourstone, Roger Bennion and Assistant Planner I~imberly Wong meet with property owner Barry Lee IConier regarding tl~e free standing electrica( board sign, Conditional Use Pennit violations, and Anaheim Municipal Code violations for unpermitted signs, Banners, and outside storage. Mr. Kanier staYed he would tafk to the tenants regardi~g fl~e outstanding A.M.C. violations. He also stated he will notify his attomey regarding tUe electric reader board sign and have hitn handle it witl~ the city. On February 5, 2007, ICimberly Wong forwarded a memo to Mayo Salazar & Roger Bennion listing all code violations and corrective actions {copy attached). On Marcl~ 6, 2007, I reinspected the property and observed tUe addition to the front monument sign has been removed, also observed the two attached signs to the south side bloclc wall facing the Orange County Water Channel had been removed (photo's attached). All other Anaheim Muaiicipal Cade violatious still exist on the property. On June 15, 2007, I reinspected the property and observed the free standing electrical board sign visible from the 91 FWY eastbound & westbound traffic advertising businesses still in operation. 1 observed several businesses located at the rear of building 950 on the north side of property. Recreation Resales Inc. (jet sld / quad rentals, sales & service.) Blaclc Diamond Detailing (auto detailing). I also observed outside storage of jet skies, trailers, construction equipment and other vehicles. Ou July 10, 2007, I reinspected the property and observed the free standing electrical board sign visible £rom tl~e 91 FWY eastbound & westbound traffic advertising businesses still in operation. I observed several businesses located at the rear of building 9S0 on tl~e north side of property. Recreation Resales Inc. (jet ski / c~uad rentals, sales & service.) Black Diamond Detailing (auto detailing). I also observed outside storage of jet skies, trailers, construction equipment and other vehicles. Due to Barry Lee Konier's refusal to comply or abate the above listed Anaheim Municipal Code violations and the violation of tlie Conditional Use Permit # 3277 which only pennits the following 22 proposed office uses. l. Accounting - bookkeeping, certified public accountant fonns or temporary CPA finns 2. Advertising 3. Appraisers 4. Banks 5. Brokers - real estate, business opportunities, etc. 6. Business systems companies 7. Communication consultants 8. Computer analysis firms 9. Credit reporting agencies 10. Desigi~ers - industrial, interior, graFl~ic 11. Development companies 12. Facility maintenance and planning 13. Ii~surance companies or agencies 14. Inventory services 15. leasing companies 16. Management consultants or companies IZ Marketing research 18. Personnel agencies 19. Quality control analysis 20. Sales offices (whicli serve the industrial area as specified by Code Section 18.61.050.145) 21. Secretarial or business services 22. Any use pennitted under Zoning Code Section 18.61.020 "Pennitted Primary Uses and Structures", 1nd subject to all conditions of said section. On August 20, 2007, Tlle Planning Division placed on the Planning Commission Agenda Report, request to iniEiate the revocation or modificaYion of Conditional Use Pennit No. 3277. The Plaiming Cou~inission approved the Planning Division to proceed with the Conditional Use Pennit revocation and modification process and it was scheduled to be heard on October 29, 2007. On October 9, 2007, tl~e property owner Mr. Barry IConier and Uis associate Mr. Ron Berg met with city staff Bill Sell, Sandra Seaton, Kimberly Wong, Judy Dudant, and Mayo Salazar to _ discuss the violations on his properiy. Mr. I~onier was given an extension of time to allow him to bring l~is property in compliance and to submit an applicatio~~ to modify his Conditional Use Pennit No. 3277. Planning Division reinoved the request of revocation or modificatiou of Co3~ditional Use Pennit from Cl~e Planning Commission agenda of October 29, 2007 Mr. IConier agreed to correct the following violations: 1. Repair the face of tlie reader board sign per original specifications and finalized tl~e building pennit. 2. Repair tl~e deteriorated monument sign on tl~e front of the property visible from Tustin Ave. 3. Reinove the razor wire attached to the north property fence. 4. Repair or replace fencing slaYs ~in the cl~ain link fe~3ce on the south side properry liue adjacent to the 91 Fwy. 5. Maintain the front lawn located on the west side of the property facing Tustin Ave. 6. Provide a letter of operation from the Blaclc Diamond Petail business located on the property. 7. Provide a letter of operation from Get N Wet business located on tUe property. On June I6, 2008, I reinspected the property with Planner Kimberly Wong and Principle Planner Linda Johnson and observed the following: 1. Reader board sign was still operating in violation and has been modified not in accordance witl~ tlie approved specifications. Also observed advertisement of off-site businesses. 2. Tlie monument sign on the front of tlie property visible froin Tustin Ave had been repaired. 3. The razor wire attached to the north property fence still existed. 4. The fencing slats in the chain iink fence on the south side property line adjacent to the 91 Fwy has been repaired. 5. Front lawn located on the west side of the property facing Tustin Ave. was being inaintained. 6. No letter of operation froin tl~e Black Diamond Detail business located on tlie property has been provided to City staff 7. No letter of operation from Get N Wet business located on the property has been piovided to City staff Staff requests that properiy owner Mr. Konier and Conditional Use Pennit # 3277 for 950-970 N Tustin Ave., Anaheim, CA 92806 be brougl~t back before Plaiming Commission for modification or possible revocation. I CERAMIC TILE DISTRtBUTORS I SUNWEST METALS I ANAHEIM TOWING CO I ELECTRAGEAR I ~ C-G ATCHESONS ~ ITHOGRAPHY EXPRESS SHOP ~ ~ ~~ ~ U~~ GG ~ . Commercial/Industnal (North Cenhal A2aJ ~ Redevelopment Project Area Commercial/Industnal (North CentralArea) ievelopmen[ Project Area ~ PARK T I p 1 DU EACH PARK ~N VACANT ~ . N ~ ~~U APTS JULIANNAAVE 8DU ZD~ M ARKET 2DU~ RM-4 ~2DU 2~U p 20U ~ Q ~ ~ ~ 3ou zou k aou ~ ~ a z ou a ou ~ ~ BDU 2OU ~ pDU RM-4 ~ 2DU 3DU a0U LAS PALMAS APARTMENTS 81 DU i- - RM-4 - ~~ DU 2D 1DU2DU I~U p Q~U N I LA PALMA AVENUE ~- --- C~~~~,~ ~~ ~ ~ s~, ,.» ~ ~ August 4, 2008 Subject Property Tentative Parcel Map No. 2007-232 APN 035-010-80 U 10556 I VACANT H W W ~ H ~ H Q a I STEPHAN CHEMICAL I ~ I TPM 2007-232 ~ TPM 20p&290 ~ ~ VAR 2006-04684 VAR 2005-04665 VACANT I August 4, 2008 Subject Property Tentative Parcel Map No. 2007-232 APN 035-010-80 ~oses n sn ~o~~~i Aerial Phpto: r~e~ °' JWV2006 ITEM NO. 2 PLANNING COMMISSION AGENDA REPORT 200 5. Anaheim Blvd. Suite #162 Anaheim, CA 928p5 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 4, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: TENTATIVE PARCEL MAP NO. 2007-232 LOCATION: The site is a vacant pazcel identified with APN 035-010-80. APPLICANT/PROPERTY OWNER: The applicant is BKM Development and the property owner is North Anaheim Associates, LLC. REOUEST: The applicant requests approval to subdivide the property into five pazcels. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, approving a Negative Declaration and Tentative Pazcel Map No. 2007-232. BACKGROUND: This application was continued from the June 23, 2008, Planning Commission public hearing to allow the applicant and staff time to discuss vehicular access onto Kemp Street. This property is vacant and located in the Industrial (I) zone, within the Merged Redevelopment Project Area. The General Plan designates this property and the properties to the north and east across Patt Street for Industrial land uses. Properties to the east across Kemp Street are designated for Medium Density Residential land uses and properties to the west and south are designated for Mixed Use land uses. The proposed map is the third and final subdivision of a twenty-acre parcel that previously contained Essex Wire Corporation and Equistaz Chemicals. In 2005, the Zoning Administrator approved Tentative Parcel Map (TPM) No. 2005-147, a 21-lot industrial subdivision with frontage on Patt Street. In 2006, the Zoning Administrator approved TPM No. 2005-290, a 12-lot subdivision which also had frontage on Patt Street. Each of these subdivisions was designed for access to be taken solely from Patt Street in response to concerns of neighbors living in the Kemp Street neighborhood. At the previous hearing on June 23, 2008, the Commission discussed the applicanYs request to subdivide the pazcel into three parcels with access to the site from ICemp and Patt Streets. The Commission believed that Kemp Street could safely serve TCNTATIVE PARCBL MAP N0. 2007-232 August 4, 2008 Page 2 of 3 industrial vehicles, if traffic from the subject property was divided between Kemp and Patt ---- Streets. The Commission also believed that since the pazcel adjacent to Patt Street had direct vehicular access onto Patt Street, vehicles from this parcel should not be denied access to Patt Street. Since Pazcel 1 fronts onto Kemp Street which is the only direct vehicular access to a public street, the Commission believed this parcel should maintain vehiculaz access riglits onto Kemp Street. The Commission requested the applicant and staff to further discuss whether the center parcel (Parcel2 on the three lot subdivision map presented to the Commission on June 23, 2008) should have vehicular access through the northerly industrial pazk or Kemp Street. PROPOSAL: The applicant originally requested to subdivide the pazcel into three pazcels. The request has been modified to subdivide the parcel into five pazcels. The addition of Pazcels 4 and 5 would give the property owner the ability to convey these parcels to the adjacent owners immediately to the north in the industrial pazk. No new construction on the property is proposed. Please refer to the summazy chart attached to the stafFreport for project details. ANALYSIS: The project site has frontage and vehiculaz access on both Kemp and Patt Streets. Parcels 4 and 5 would have vehicular access via Patt Street and the northerly industrial pazk. Pazcels 1, 2 and 3 would have vehiculaz access via Kemp Street. Vehicular access for Parcels 4 and 5: As conditioned, Pazcels 4 and 5 could be accessed by Patt Street and/or the developed industrial park to the north. Proposed conditions also require the recordation of an agreement to prohibit a driveway on Kemp Street, vehiculaz access to the land comprising proposed Parcels l, 2 or 3, and any lot line adjustment that would create through access from Patt to Kemp Street. Vehicular access for Parcels 1 through 3: Vehiculaz access for Parcels 1, 2 and 3 would be via either Kemp Street or through the industrial park to the north, but not both. A condition of approval has been included requiring an agreement to be recorded to limit access. The agreement would also restrict the ability for a lot line adjustment beriveen Parcels 2 and 3 and parcels in the industrial pazk. This would ensure that vehicles from the industrial park would not have the ability to access Kemp Street. CONCLUSION: Staff is supportive of this request to subdivide the property into five pazcels. Staff believes limiting vehicular access to Kemp Street for only Pazcels 1 through 3 would have minimal impact on the residential neighborhood. Respectfully submitted, ~~~F ~~'Y/~~ Princi al Pluiner P Attachments: 1. Project Summary Manager TENTATIVE PARC6L MAP N0. 2007-232 August4,2008 Page 3 of 3 2. Draft Resolution Previous Planning Commission Staff Report (June 23, 2008) The following attachment was provided to the Planning Commission and is available for public review at the Planning Services Division at City HaIL 4. Revised Tentative Parcel Map ATTACHMENT NO. 1 PROJECT SUMMARY TENTATIVE PARCEL MAP NO. 2007-232 bevelo ment Standard Pro" osed Pro'eck I Zone Standards ,i Site Area 4352 acres N/A Lot Size Parcel 1 0.945 acres Pazce12 1 277 acres Pazce13 . 0.848 acres N/A Parcel4 0.726 acres Parcel 5 0.556 acres [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING TENTATIVE PARCEL MAP NO. 2007-232 (APN NO. 035-010-80) WHEREAS, the Anaheim Planning Commission did receive an application for Tentative Parcel Map No. 2007-232 for certain real property situated in the City of Anaheim, County of Orange, SYate oF Califomia, shown on Exhibit "A", attached l~ereto and incorporated herein by this reference; WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on March 3, 2008, at 930 a.m., notice of said public hearing l~aving been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed tentative parcel map to subdivide the subject property into three parcels and to investigate and make findings and recommendafions in connection therewith; and, at said meeting, referred the proposed tentative parcel map to the Planning Commission for consideraYion at a public liearing; and WHEREAS, the Plaqning Commission did hold a public hearing at the Civic Center in the City of Aual~eim on March 3, 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, Cliapter 18.60 "Procedures", to hear and consider evidence for and against said proposed tentative parcel map to suUdivide the property into three parcels and to investigate and make Findings and recornmendations in connection therewith; and at said meeting, the Planning Conimission, by motion, approved the withdrawal of the request at the applicanYs request; and WHEREAS, on May 27, 2008, the applicant resubmiYted Yhe application for Tentative Parcel Map No. 2007-232 to subdivide the property into three parcels; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on 7une 23, 2008, at 2:30 p.m., notice of said public hearing l~aving been duly given as required Uy law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Frocedures", to hear and consider evidence for and against said proposed tentative parcel map aud to investigate and make findings and recommendations in connection therewith; and said public hearing was continued by the Planning Commission to August 4, 2008, to consider a revised request to subdivide the property into five parcels; and WHEREAS, said Plamiing Commission, after due inspection, iiivestigation 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 deYemiine the following facts: -1- P1.2.~08-'kW.k That the proposed subdivision is consistent witl~ the General Plan Indushial land use designaYion and the proparty is located in the Indtistrial (I) zone. 2. That the design or improvement of the proposed subd'avision is consistent with Che City oFAnaheim General Plan. 3. That the site is physically suitable for the proposed subdivision. 4. That the site is physically suitable far the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure Fis$ or wildlife or their habitat. 6. That flie design of the subdivision or the type of improvements is not likely to cause serious public healfli problems. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access tluough or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Analieim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby approve Tentative Parcel Map No. 2007-232 subject to the conditions of agproval described in Exhibit `B" attached l~ereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determii~e that adoption of this Resolution is expressly predicated upon applicant's compliance witll each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable bp the finaljudgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days oF the issuance of the final invoice or final map recordation, 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 tliis application. - 2 - PC2008-'k** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 4, 2008. Said resolution is subject to the appeal provisions set forth in Cl~apter,_. 1$.60 "Procedures" of tlie 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 August 4, 2008. IN WITNESS WHEREOF, I liave hereunto saC my hand this day of , 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-*** LA PALMA AVENUE ~ ~~ ~~ ~~ ~ ~ ~ o sn ~~uo~ ~ Source: Recorded Tract Maps and/or City GIS. ~ F~E" ~ Please note the accuracy is +/- ~.yo to five feel. ~ Subject Property Tentative Parcel Map No. 2007-232 _ APN 035-010-80 iosss EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2007-232 No. Conditions of Approval Responsible for Monitoring PRIOR TO APPROl~AL OF FINAL PARCEL MAP ` That vehicular aceess rights to Kemp Street for Parcels 4 and 5 shall be released and relinquished to the City of Analieim on the final map. An agreemenC shall be submitted prohibiting any driveways on Kemp 1 Street and vehicular access to land comprising Pazcels 1, 2 or 3. Said Public Worlcs agreement shall be submitted to the Public Works Department, Development Services, approved by the City Attorney and City Engineer and then recorded concurrenYly with the final parcel map. That an agreement shall be submitted restricting the ability for a Lot Line Adjushnent to be approved to merge Parcels 3 and 4. Said 2 agreement sl~all be submitted to the Public Works DeparhnenC, Public Worlcs Development Services, approved by tlie City Attomey and City Engineer and flien recorded concurrently with the final parcel map. That an agreement shall be suhmitted restricting the ability for a Lot Line Adjushnent Uetween Parcel 2 and 3 with tlte indush-ial park to the 3 north. Said agreement shall be submitted to the Public Works Public Works Departrnent, Development Services, approved by the City Attorney and City Engineer and then rewrded concurrently with the final parcel map. That an agreement sl~all be submitYed restricting velucular access for Parcels 1, 2 and 3 to either the industrial park to the north or Kemp 4 Street, but not both. Said agreement shall be submitted to the Public Public Works Works Department, Development Services, approved by the City Attorney and City Engineer and tlien recorded concurrently with the final parcel map. That if Parcel2 shall use Kemp Street for vehicular access, Parcel 1 a~id/or Parcel 3 shall provide an access easement in favor of Parcel2 to 5 provide vehicular access. Said easement shall provide access rights to Public Works Kemp Street and sllall be recorded concurrently with the final parcel map. ThaY a final map shall be submitted to and approved by tlie City of ~ Analieim and the Orange County Surveyor, and shall then be recorded ptiblic Worlcs in flie Office of the Qrange County Recorder. A reciprocal access agreement shall be recorded concunently with the final parcel map. 5 - PC2008-**" That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete tlie ~ required puUlic improvements at the legal property owner's expense, public Wor]<s Said agreement shall be submitted to the Public Worlcs Department, Development Services, approved by the City Attorney and City Engineer and then recorded concunently with the final parcel map. $ That all parcels shall be assigned street addresses by the Building plannin g Division. That the final map shall be recorded within a period of two (2) years ~ from tlae date of this resolution. ExYensions for further time to plannin g complete said conditions may be granted in accordance with Section 18:03.090 of the Anaheim Municipal Code. That timiirg for compliance with conditions of approval may be amended by tl~e Planning Director upon a showing of good cause provided (i) equivale»t timing is established that satisfies the origina] ~~~ 10 intent and purpose of the condition(s), (ii) the modification complies Planning with the Anaheim Municipal Code and (iii) the applicant 11as demonstrated significant progress toward establishment of the use or approved structure. That subject property sliall be developed substantially in accordance ' 11 N'iYh plans and specifications submitted to the City of Anaheim by tlie ' plannin ~ petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. That approval of this application constitutes approval oPthe proposed request only to the extent that is complies with the Anaheim 12 Municipal Zoning Code and any other applicable City, State and p]annin g 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 requirament. - 6 - PC2008-*** ATTACHMENT NO. 3 ITEM NO. 3 PLANNING COMMISSION AGENDA REPORT 200 5. Anaheim Blvd. Suite k162 Anaheim, CA 92B05 Tel: (714) 765-5139 Fax:(714)765-5280 www.anaheim.net City of Analleim PLANNING DEPARTMENT DATE: JUNE 23, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: TENTATNE PARCEL MAP NO. 2007-232 LOCATION: The site is a vacant parcel identified witli APN 035-010-80. APPLICANT/PROPERTY OWNER: The applicant is BI~IvI Development and the property owner is North Anaheiin Associates, LLC. REOUEST: The applicant a~equesCs approval to subdivide the property inCo Chree parcels. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, approving a Negative Declaration and Tentative Parcel Map No. 2007-232. BACI~GROUND: Tlais application was previously seheduled for a Planning Commission public hearing on Mareh 3, 2008, Uut was withdrawn Uy the applicant aY the hearing. This property is vacant and located in the Industrial (I) zone, witl~in the Merged Redevelopment Project Area. The General Plan designates this property and the properfies to the nortli and east across Patt Street for Industrial land uses. Properlies to the east across I{einp Sh•eet are designated for Medium Density Residential land uses and properties to the west and south are designated for Mixed Use la~id uses. The proposed map is the third and final suUdivision of a twenty-acre parcel that previously contained Essex Wire CorporaYion and Equistar Chemicals. In 2005, the Zoning Administrator approved Tentative Parcel Map (TPM) No. 2005-147, a 21-1ot industrial subdivision with frontage on Patt Street. In 2006, the Zoning Adminish-ator approved TPM No. 2005-290, a 12-lot subdivision which also had frontage on Patt Street. Eacl~ of these subdivisions was designed for access to be taken solely fi~om Patt Street in response to concerns of neighbois living in the I{emp Street neighborhood. PROPOSAL: Tlre applicant proposes to snbdivide the property into three parcels. No new construction on t17e property is proposed. Please refer to the suminary cl~art attaclled to tlie staff report for project details. TENTATNE PARCEL MAP NO. 2007-232 ]u~e 23, 2006 Page 2 of 3 ANALYSIS: Tl~e pro~ect site has froi~tage and vehicular access on both I{emp and Patt Streets. °° Parcel 3 of the proposed parcel map is the only parcel with frontage on Patt Street. Vehicular access to the proposed parcels is provided via lCemp and Patt Streets for Parcel 3 and access only to ICemp Street for Parcels 1 uid 2. SCaff balieves indush-ial vehiculaz traffic on I<enip Street will create an uilsafe condiiion for residents on the street due To the substandard street width, ti~e unsafe turning radius at the corner of ICemp Street and La Palma Avenue and the potentia] for vehicles to use adjacent residential streets and alleys. Staff has provided the following analyses and recommendations. Substandard width of ICemp Sh•eet: The width and configuration of Kemp Street would noY safely acconnnodaCe indush-ial vehicular traffic. The Circulation Element and Public Worlcs Standard Details require a minimum right-of-way width of 60 feet for local residential streets and 76 feet for industrial seiving streets. Kemp Street has a right-of-way width of 40 feet, and tl~erefore, it is not wide ei~ouglt to safe]y serve truclc traffic associated with indnstrial development. ui SepYember 2000, the City detemiined thaY Che street widCl~ of tlle street was not suitable for industrial Craffic ai~d posCed sig~~s along I{e~np SYreet and ii1 the adjacent neighborhood prohiUiting truclc lTaffic. Further, the corner radii on ICemp Street and La Palma Avenue is not adequate for industrial vehicles or any conibination truclcs to safely make a right- tum from La Palma Avenue onto Kemp Street without encroaching into oncoming eastbound traffic on La Palma Avenue, Future median on La Palma Avenue: La Palma Avemie is proposed to have a raised mediau Uetween Analieim Boulevard and Olive Sh•eet, prohibiting left tums froin Kemp Street onto La Palma Avenue. As a resulY, access from ICemp Street would then Ue restricted to right-turns only. Vehicles exiting the l~roperty to go eastbound ou La Palnra Avenue would first ireed to proceed westUound on La Palma Avenue and then make a U-turn at Anal~eiin Boulevard. InUotmd traffic headed eastbound on La Palma Avenue would first need to make a U-turn at Olive Street, a~id then backtraclc to Kemp Street. Tnicks would not be able to make a U-tum at either intersection. Additionally, vehicles could also utilize the alleys and local streets in the adjacent residential neigl~borhood to reach the nearest-signalized intersection at Olive Street, increasing the conunercial traffic in this neighborhood. Tniclcs would not be able to use the alleys which are too narrow to maneuver througl~ safely. Due to these concems, a condition of approvallias been included that requires tlie property owner to reliuquisli vehiclilar access rigl~ts to ICemp Sfreet to ensure that the adjacent residential sh~eets will not Ue negatively impacYed by fiiYure development on the property. Further, there is a condition of approval that requires recordation of ap~ropriate access easemenYs to ins~ire thaT all parcels have ]egal access to Patt SYreet. Future modification of traffic signal on La Palm~ Avenue and Anal~eim Boulevard: H~ May 2008, the City compieted improvements to tl~e intersection of La Palma Avenue and Anaheim Bou3evard. Improvements inchided cliuiges iv lane alignment Yhat would faciliYate tl~e fuhire conversion of tl~e tlu~ee-way intersection into a four-way intersection, with the fourtl3leg of Yhe intersection likely to be a private driveway. No plans for this driveway are proposed aY this kime; however, in the fuYure this driveway epuld potentially provide additional access to the site. Even TENTATI VE PARCEL MAP NO. 2007-232 .lune 23, 2008 Page 3 of 3 tl~ough access at tliis point cannot be guaranteed at this time, adequate access would be provided° to aI1 porCions of the siYe Ylv'ough the required easements to PatY 5treet. CONCLUSION: Staff is supportive of this request to subdivide the property iiito three parcels. The proposed suUdivisioil is consistent with Che General Flan and meets the minimum site rec~uirements for industrial uses. Staff believes the proposed conditions of approval pertaining to relinquisliing vehicular access ri~hts to ICemp Street will help maintain tlie safety of flie adjacent residential community both along I{emp Street and on adjacent residential streets and the orderly circulation of both pedesYrian and vehiculaz traffic between the property and all streets and highways. Respectfully submitted, ~~C~f1 ( /G~hJ'~^' / Principal Plamler Attaclunents: 1. Project SLimmary 2. Draft Resolution by, Serviees Maziager Tl~e follo~ving attachment was provided to the Planning Commission and is availaUle for public i~eview at tlie Pla~miug Services Division aY City Hall. 3. Tei~tative Parce] Map I NOR CAL BEVERAGE CO ~ z O I U STEPHAN o APPLIED POWER CHEMICAL ~ CONCEPTS a w ~ ¢ ~ t~ ~~ > J ~ ~ ~ ~ 1 F- ~ a z m Q ~ T T1 ~ n Ni (n ~ f O ~ W GTY ? Z ~ SUBSTATION m ~ ~ ¢ n~ ~ /~G~. ~ ~ I CommerciaVlndusfnal(NorthCentralJ LAPALMAAVENUE 1 RedevelopmentArea ~ M" U F U 1' '1 R . ~ D U ~ , RM 1 D t a~ U y 4 0.M' R~ u RM'1 ]D RM ~ DU MA R pt VPGP U L ~ 20 3 ~Q R5,3 RSD Q R5.3 ~Sg ` 3 ~3 ZpU '~ l~S 7P V U 2 1 D~ F J' ~n 1a~ ~ RS-3 s 2DU 7 R~ ~+ ~ . ~ ... .... .......2P~ ..... ..... R,. .. r ?...................... ........ .. .. ~.... J~o ~ August 4, 2008 Subject Property Conditional Use Permit No. 2008-05326 (Tracking No. CUP 2008-05345) 502-524 East Julianna Street 10569 4 DU I 4 DU q DU ~ T RAYMOND RETARDING BASIN I HOBBS TRUCKING JULIANNA AVE F• 3es~-~ Au ust 4, 2008 Subject Property Conditional Use Permit No. 2008-05326 (Tracking No. CUP 2008-05345) 502-524 East Julianna Street 105fi9 u su ino ~ ~ Aerial Photo: F~~~ Julv 2006 ITEM NO. 3 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 4, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05326 (Tracking No. CUP2008-05345) 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 wwva.anaheim.net LOCATION: 502 - 524 East Julianna Street APPLICANT/PROPERTY OWNER: The applicant is Anaheim Redevelopment Agency and the property owner is Caruthers Properties. REOUEST; The applicant requests approval to amend the existing conditional use permit to permit automotive repairs and modifications for a previously-approved towing service and impound yard. RECOMMENDATION: The applicant has submitted a letter dated July 24, 2008, requesting a continuance to the August 18, 2008, Planning Commission meeting in order to have additional time to address issues related to the proposed amendment. RECOMMENDATION: Staff recommends the Planning Commission continue this request to August 18, 2008, at the request of the applicant. Respectfully submitted, ~~iy1G~ C/~7/~~S//~- / Principal Planner Attachments: 1. Continuance Letter Manager Page 1 oP 1 ATTACHMENT NO. 1 Kimberly Wong From: Greg Hastings Sent: Thursday, July 24, 2008 1:03 PM To: Kimberly Wong Cc: Lisa Stipkovich; Brad Hobson; Clare Fletcher; Christine Long Subject: Du Bpis Towing CUP Kim: Thank you for your assistance in prpcessing CUP 2008-05326 {Tracking No. CUP2008-05345). We understand that there is additional time needed to amend the parking study in order to accommodate the addition of auto repaidbody work to the previously approved towing business. Given this circumstance, we would appreciate your scheduling this matter for the next availabie Planning Commission meeting, August 18, 2008. Please let me know if you need anything further. Greg ~izaizoos August 4, 2008 Subject Property Conditional Use Permit No. 2008-05324 1695 West Lincoln Avenue w. iosss ~U ~ Aerial Photo: ~^~~~ Julv 2006 i IN~USTRIAL FIRMS iNOUSTRwi s CEN~ER I J ~ E E~~ yQLL z I 1 i S~P I ~O o Vv w ~ i J Q y ~ UACAN K ~ O U m ~ c-c ~ z ~"~ UACANT ~ 0 LL LINCOLN AVENUE I ~ ~ 100' ~'143'~ ~ ~ ~ ~---T- GG VACANT CALTRANS PROPERTY GG RCL 6Q-61-105 RCL 54-55-'I CUP 2008-05324 CUP 2004-04949 CUP 4133 ~ CUP 1365 (f-CUP 2002-04536) i SHOPS N a ' ~ d C-G U ~ ~7 N SHOPS FG f- m ~ LL Q W ~ d' ~_~ E ~"' o ~ ~ ~ a U ~ ~ ~ W a GG E CAR WASH~ "w August 4, 2008 Subject Property Conditional Use Permit No. 2008-05324 ~ 1695 West Lincoln Avenue ,osss C-G I LA HAB RA PRODUCTS C-G GG SMALLSHOPS SMALL'~ ~ \ . GG ~ FENCE C~. ~, I ~ (J U PALM PARK WEST PLACE RM-4 APTS I I APTS PAMPAS 20 DU 20 DU APARTMENTS 77 DU 40 DU I / ITEM NO. 4 ~'LANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 4, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05324 LOCATION: 1695 West Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicant is Dick Evitt, the property owner is Lawrence A. Greco, and the business owner is Antonio E. Fuentes. REOUEST: The applicant requests approval to permit and retain auto-related uses including retail sales and installation of automobile wheels, tires and audio system equipment, window tinting, auto detailing and upholstery work and an auto brolcerage office. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, approving a Class 1 Categorical Exemption and Conditional Use Permit No. 200$-05324. BACKGROiJND: This property is developed with a commercial building and is located within the General Commercial (GG) zone and the Anaheim Plaza Redevelopment Project Area. The General Plan designates this property and properties to the east and south for General Commercial uses and property to the west for Industrial uses. The I-5 freeway right-of-way is located to the north of the property. Conditional Use Permit No. 2004-04949 to permit the sale and installation of automobile tires and wheels was approved by the Planning Commission on February 7, 2005. The Conditional Use Permit expired on Februazy 7, 2007. The business has continued to operate without zoning approval since that date. PROPOSAL: The applicant proposes to permit and retain the existing auto-related uses including retail sales and installation of automobile wheels, tires and audio system equipment along with window tinting, auto detailing and upholstery worlc, and an auto brokerage office within a one-story, 4,750 squaze foot building. The applicant is not proposing to expand the existing building or undertake any new construction, except for the addition of a trash enclosure and replacement of the existing chain link fencing and gate with wrought iron at the rear of the property. All auto work and storage is proposed to take place within the building. The applicant has submitted two letters describing business operations and these are provided in Attaclunent Nos. 2 and 3 to this report. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USC PBRMIT N0. 2005-05324 August 4, 2008 Page 2 of 2 ANALYSIS: A conditional use permit is required for auto repair and modification uses in the GG,,_. zone to determine compatibility with surrounding land uses. Auto brokerage offices uses aze allowed as a permitted use in the GG zone and a maximum of one automobile display space for the business is permitted. Following is staff s analysis and recommendations on the project. Code enforcement records indicate there is an open code violation regarding compliance with the former conditional use permit condition of approval requiring a trash enclosure that meets City standazds. The cunent plans show a new trash enclosure in the southwestern area of the site that has been reviewed and approved by Public Works staff. The existing code violation will be resolved with approval of the CUP and construction of the required trash enclosure. Due to a recent fire, burned tire inventory is temporarily being stored at the reaz of the property and is anticipated to be removed within the next couple of weeks pending insurance company inspection of incurred damage. Code Enforcement indicates that the property has had a history of violations including un-permitted banners, excessive window signage, and outdoor display and storage. The business has been purchased by a new owner and improved code compliance recently has been observed with regard to outdoor storage, display and site maintenance. However, due to the location of the site at two major arterials and the natuxe of the automotive installation business, staff has included a condition of approval requiring periodic site inspection by Code Enforcement for a period of six months to ensure compliance with the Code and all conditions of approval related to this permit. The site contains a non-conforming roof-mounted sign that is flat, round and contains no copy. The sign meets the Code definition of an abandoned sign as the sign has remained in place for a period of ninety (90) days or more and no longer advertises or identifies an on-going business use on the premises. Such abandoned signs are prohibited by Code, and the applicant has submitted a letter indicating he will remove the roof-mounted sign. In addition, existing wall-mounted signs on the front and west elevations aze required to be brought into compliance with Code requirements. Staff has included a condition of approval requiring the removal of the abandoned sign and the modification of the existing wall signs to comply with code within sixty days following approval of the permik CONCLUSION: The proposed auto related uses aze compatible with the surrounding commercial uses and the required amount of parking is provided on-site. Staff believes that, with the proposed conditions of approval, the use would not be detrimental to the azea and recommends approval of the application. Respectfully submitted, ~~ ~~f~ Principal Planner Attachments: 1. DraB Resolution Manager 2. Letters of Operation dated December 24, 2007 CONDITIONAL USE PERMITNO. 2008-05324 August 4, 2008 Page 2 of 2 Letter of Operation describing additional uses dated July 18, 2008 --- The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 4. Site Photographs 5. Site Plan [DRAFT] ATTACHMENT NO. 1 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05324 (1695 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Pern~it to pern7it and retain specifc auto-related uses for certain real property situated in fhe City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated l~erein by this reference. WHEREAS, this property is currently developed with a one-story, 4,750 square-foot commercial building wiYhi~ the General Commercial (C-G) zone and tlie Anal~eim General Plan designates tliis property for General Commercial land uses; and WHEREAS, flie applicant has requested approval of a conditional use permit to permiY and retain auto-related uses on the property including retail sales and installation of aufomobile wheels, tires, window tinting, audio systems, auto detailing and upholstery, and an auto brokerage office pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at flie Civic Center in U~e City of Anaheim on August 4, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance wiCh the provisions of the Anal~eim Mtmicipal Code, Chapter 18.60 "Procedures", to hear 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, investigaYion 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 detemiine the Following facts: 1. That the proposed request to permit and retain the anto-related uses is properly one for whicl~ a conditional use permit is authorized under Code Section 18.08.030.0402 of the Anahein~ Manicipal Code, and 2. Tl~at Uie auto-related uses, as conditioned, will noY adversely affect the adjoining land uses and tlte growUi and development of the area in which it is located because the site is surrounded by convnercial and industrial uses. Moreover, there is adequate parlcing to accommodaYe tl~e auto- related uses. 3. That the size and shape of the site for the use is adequate to allow the alito-related uses in a anam~er not detrimental to either the particular area or healtl~ and safety as the property is fully developed and there is sufficient parking to provide for the uses. 4. ThaY the traffic generated by the use of the property as the auto-related uses will not impose an undue Uurden upon the streets and highways designed and improved to carry the traffic in the area and; -1- PC2008-*** 5. That the granting oFthe conditional use permit under the conditions imposed will not be detrimenCal to the healYla and safety of tl~e citizens of the CiYy of .4naheim. 6. Tliat *** indicated their presence at said public hearing in oppositioi~; and that *** correspondence was received in opposition to the subject peYition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is tl~erefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the ,Anaheim Planning Commission does hereby approve Conditional Use Permit No. 2008-05324 subjecY to the conditions of approval described in Exliibit "B" aYtached hereto and incorporated by this reference wliich are hereby found to be a necessary prerequisite to tlie proposed use of the subject property in order to preserve Yhe liealth, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of tliis permit may be processed in accordance with Chapters 18.60.190 (Amendment of PermiY Approval) and 18.60.200 (CiYy-IniYiated Revocation or Modification of Permits) of the Anal~eim Municipal Code. BE IT FURTHER RESOLVED Yhat the Anaheim Planning Commission does hereby find and determine YhaC adopCion of Hiis Resolution is expressly predicaYed tipon applicant's compliaiice witli eacli and all of the conditions hereinabove set forth. Sl~ould any such condition, or any part thereof, be declared invalid or unenforceable by tlie final judgment af any court of competent jurisdicYion, then tliis 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 xelated to the processing of Yl~is discretionary case application wifhin 15 days of Che issuance of tl~e final invoice. Failure to pay all cliarges shall result in the revocation of the approval of this application. -2- PC2008-*':* THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 4, 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 inay Ue replaced by a City Council Resoltition in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COLTNTY 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 Anal~eim Planning Commission held oAi August 4, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNES3 WHEREOF, I have hereunto set my hand this day of , 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-*** EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05324 Responsible for No. Conditions of Approval Monitoring WITHIN 60 DA YS FOLLOWING ADOPTION OF THIS RESOL UTION 1 A trash enclosure, in a location reviewed and approved by Public Works the Public Works Department, Streets and Sanitation and Plaiming Division and Pluming Department, Planning Services Division, sl~all be installed. Landscaping, including climbing vines to deter graffiti, shall be provided around the Crash anclosure. The trash enclosure and landscaping shall be maintained as shown on the approved plan. 2 Tl~e non-confonning round, roof-mounted sign sliall be Planning removed as indicated by the applicant and wall-mounted signs on the front elevation and west elevation shall be , replaced with signs in conformanee witl~ Code requirements. 3 Wrougi~t iron fencing and gate plans and details for the rear ~ Planning yard area shall be provided to the Planning Services Division for review and approval and insYalled pursuant to the approved plan. 4 A plan for solid weste storage, collection and a plan ~for Publie Worlw recycling shall be submitted to the Public Worl<s Department, Streets and Sanitation Division, for review and approval. 5 .An onsite trash truck turuaround shall be provided per Public Works ~ E»gineering Standard Detail No. 610. Said information shall be specifically shown on plans submitted to the Public Works Department for review and approval. 6 Four-foot high address numbers shall be displayed on the Police roof in a contrasting color to the roof material. The numbers shall noC be visible from tl~e view of the street or adjacent properfies. Said information shall be specifically shown on plans submitted for Police Department, CnmmuniYy Services Division approval. 7 Tlle applicant sliall complete a Burglary/Robbery Alarm Police Permit applicaYion, Form APD 516, and rettiuv iC to tl~e Police Department prior to initial alarm activation. -5- PC2008-**x Responsible for No. Conditions of Approval Monitoring 8 Rear entrance doors shall be numbered with the same Police address numbers or suite number oF the business at a minimum letter lieight of 4 inches. 9 The applioanY shall maintain on file an Emergency Listing Police Card, Fonn APD-281, with the Police Department. 10 All exterior doors shall have adequate securiYy hardware, e.g. Police deadlock bolts. Overhead roll-up doors shall also be secured on the inside so ChaC Yhe loak cannot be defeated from tlie outside and shall be secured with a cylinder lock or padlock from the inside. 11 Adequate liglrting of parking lots, associated driveways and Police grounds contiguous to the building shall be provided with lighting of a minimum 1 foot candie to pzovide adequaCe illumination to malce clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles onsite. 12 Tl~e subject property shall be developed and maintained Plamiing substantially in accordance with plans and speciPications submitted to the City of Anaheim by the petitioner and which plans are on file wiCh the Pla~ining Department marlced Exhibit No. 1. GENERf1L i3 Tl~e uses shall be limited to automobile repair and Planning modification uses as defined by Code in conjunction with an auto brokerage office permitted by Code. 14 Tl1e Uusiness shall be subject to Code Enforcement Davision Planning inspections at a frequency of once a month for a period oF six (6) months to deterniine compliance with conditions of approval contained herein and compliance with the Code. The cost of said inspections shall be paid For by the business owner. 15 Extensions for further time ko complete said conditions of Planning approval may be granted in accordance with Section 18.60.170 of the .4naheim Municipal Code. -6- PC2008-*** No. Conditions of Approval Responsible fm-° Monitoring 16 That timing for compliance with conditions of approval may Planning be amended by the Planning Director upon a showing of good cause provided (i) equivalenY tinti~tg is established tUat satisfies tl~e original intent and purpose of the condition(s), (ii) the modificaYion complies with the Aaaheim Municipal Code and (iii) tlie applicant kas demonstrated signifcant progress toward establishment of the use or approved development. 17 Approval of this application constiCutes approval of tlie Plam~ing proposed request oi~ly to tl~e extent that it complies with tlie Anaheim Municipal Zonting Code aiid 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 requireinent. -7- PC2008-*** ATTACHMENT NO. 2 December 24, 2007 City of Anaheim Planning Depart~nent 200 South Anaheim Boulevard Anaheim, CA. 92805 To Whom It May Concern: I am suUmitting this tetter in accordance with the Conditional Use Pennit and Vaziance Application, item 17, LETTER OF OPERATION: This CLJP is submitted to replace an expired CUP for this operation. The use is a one story building consisting of approximately 4,750 square feet for a single use for retail sales of automobile accessories, i. e., wheels, tires, window tinting and auto sound equipment. Hours of operation will be Monday thru Friday, 10:00 am to 7:00 am. Sahirday and Sunday will Ue from 10:00 am to 3:00 pm. There is only one shift for each day and there will be at any one time three employees plus my self, if necessary. There are four bays on the west side of the building used to replace the wheels and tires and two bays on the northeast portion for window tinting and auto sound equipment. There is adequate parking for the business as there aze 23 regtilar parking spaces and 2 handicap parlting spaces in front of the business. Sincerely, ~ ANTONIO E. FU~NTES ATTACHMENT NO. 3 EXC Custorn~ Wheels ~4i 'T~~°es 1695 ~. L,incoln Aver~u~ Ataaheim, ~A. 92~01 July 18, 2008 City Of Anaheim Planning Department 200 S. Anaheiin Boulevard Anaheiin, CA. 92805 Reference: CUP 2008-0534 Attn: Diane Bathgate Dear Diane Bathgate: This letter is submitted to include Auto Sales Broker in the CLTP Application for EXC Customs Wheels & Tires. The ariginal application was for Auto Services, new and used tires sales and repair, window tinting, audio sound and accessories, auto detailing and upholstery. Auto Brokerage is for no more than one auto on site for piclcup by the buyer. Please contact me if you need any additional inforniation. Sincerely, ~.~~~;~~~-- DICIC EVITT AGENT ~ ' I I. ~ . CUP200&053 $MqLLOPFICE WP200604308 ~ pqRK ~ ~ VOCATIONAL SCHOOL w> I i I ~ m~ m ~ ~ 2 ~ 1~-2o4'-sj .. ~ ~ 71B' '~eq l ~ ~ , ~ ~ ~.a~° p ~ . ljf ~w ~•raw ~ I i Q~ Vu ~ W OFFICEBLOG ~p ~ > 3 Q ae:. ¢ )i ~ J 9NALLOFFICEPM1RK CUP200E Q CUP 1 . Z ~ I UACANTINDOSfI ~ a ~ ~ . ~ 3dqLLINpUSTRIFL ~ PPPLIPNCE FIRMS 910P TECHNOLOGIES.INC KESTANAHEIMCOMMEFLIALCORRIOOPS RmEVELOPMENTPFOlECTPRFA I I I I I ~ 3r1NLLINOII STRIALFIRMS U k U ~ WOODLAND ORIVE w I tIVING SiREAM I ~ MINISTftV IN0115TR IAL FIRMS 9NALL / \ I I 1 I I ~ I 9NALL:iN~l1STRINL 9NALLINOUSTRIAL ~ FIRMS FIRMS ~ SMALLIN~IISTRIAL MEqCALCLINIC FIliMS I ~ 3dALL INDOSTRIAL I i FIRMS ~RVICE STATION ¢ _¢¢' ~. . . .. . . . °~. ^ ~°~ LA PALMA AVENUE z a ~i ° GG ~ y . a o ~ RESTAUMN K . s~.. PM-0 yN< RS3 3 -QO ~ MAGNOLIAPVSH DEANZAPIAZA ' ~ ~ O ~ ¢ PPARTMEMS ?1 AR~MEMS 7 ssou LL ~ ~, ea ou cnuacn r . ~G ~ o so ~ ma~ ~ ' .. . .. . . . .. . .. . .. .. .. .. . . . . . .. . . _ . _ . . . .. . . _ . _ . . ve„~ August4,2008 Proposed Church Site ~o. Proposed Off-Site Parking Conditional Use Permit No. 2008-05322 P d Chur h Site - 2536 West Woodland Drive I MAGNEtiC METALSCORP. _~ ~ ropose c Proposed Off-Site Parking - 2544 West Woodland Drive and 1200 North Magnolia Avenue ~oe~o Auqust 4, 2008 Proposed ' : Proposed Church Site Off-Site Parking Conditional Use Permit No. 2008-05322 _~ ~ ~ Proposed Church Site - 2536 West Woodiand Drive ~ Proposed pff-Site Parking - 2544 West Woodland Drive and 1200 North M ia Avenue ms~o ~ 50 100 ~ ~ . Aerial Pholp: ~ r~~=~ . Julv 2006 ITEM NO. 5 PLANNING COMMISSION AGENDA City of Anaheiin PLANNING DEPARTMENT DATE: AUGUST 4, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05322 LOCATION: 2536 West Woodland Drive (proposed church site) and 1200 Nortli Magnolia Avenue and 2544 West Woodland Drive (proposed off-site parking areas) APPLICANT/PROPERTY OWNER: The applicant is Pastor Keith Parlc representing Church oF Southland and the owner of the proposed church site is Eliane Ortuno. The owners of the properties providing off-site parlcing are Woodland Realty, LLC (120Q North Magnolia Avenue) and Joe Criscione (2544 West Woodland Drive). REQUEST: The applicant requests approval to permit a community and religious assenrbly l~all in an existing industrial building wiYh fewer parlcing spaces t~han required by Code. RECOMMENDATION: Staff recommends the Planning Commission adopt tlte attached resolution, approving a Negative Declaration and approving Conditional Use Perniit No. 2008-05322 wifli fewer parking spaces than required by Code. BACKGROUND: This property is developed with a vacanY indusYrial building and is located in the Industrial (I) zone. The properties to be used for off site parking are improved with a technical college and a research and development firm and are also within the I zone. The Anaheim General Plan designates these properties and all adjacent properties for Industrial uses. PROPOSAL: The applicant is requesting approval to establish a church within an office and indusfrial business parlc The church would occupy a 21,000 square foot industrial building. The sanctuary would be 5,990 square feet with 440 fixed seats. The remainder of the building would include a large foyer, administrative offices, classrooms for Sunday school and other ancillary spaces. No changes to the exterior of the building are proposed. Approximately five employees or volimYeers would occupy tlie office areas on weel<days. The current congregation size is approximately 300 members. 200 S. Anaheim Bivd. Suite #'I&2 Anaheim, CA 92805 Tel: p14)765-5~39 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2008-05322 August 4, 2008 Page 2 of 3 Proposed lionrs of operation for the church are as follows: e Sunday from 9:15 a.~n. to 1 p.m.: Worskip Services and Sunday Scliool • Sunday from 3 p.m. to 4:30 p.m.: Leaders' Meetings v Tuesday - Friday from 8 a.m. to 5 p.m.: Administrative Office Use ~ Friday from 7 p.m. to 9 p.m.: Bible Study e Saturday from 10 a:m. to noon: Band Practice ANALYSIS: Churches are permitted in the Industrial zone subject to approval of a conditional use permit to deterniine compatibility with surrounding land uses. 5ince no expansion is proposed, the project complies with all requirements of the Industrial zone with the exception of minimum number of parking spaces. The property is well-maintained and there are no outstanding code violations. Parking: Based on the size of the sanctuary and offce areas, the church requires 188 parking spaces The subject property provides 77 parking spaces and the applicant has obtained approval from two nearby property owners to utilize their parizing lots on Sundays, when church parlcing demand would be at its peak. The use of shared parking on nearby sites would result in a total of 239 parking spaces, 51 more spaces than are needed for the church. Code requires that if parking is to be provided off-site, that any property used For off-site parlcing shall be underjoint ownership, or under an agreement approved as to form by the City Attomey and recorded in the Office of the County Recorder. The agreement must specify the number, locatiou and times for shared parlcing and cannot be terminated unless Code-required parking is provided through alternate means. Further, if any property used for off-site parking does not have excess parking above and beyond what is required by Code, a variance for parking must be approved. Tlre applicant Uas drafted an agreement which has been approved by the City Attomey and will be executed by the owners of 1200 North Magnolia Avenue and 2544 West Woodland Drive and recorded in the Office of the County Recorder. This provision has been included as a condition of approval in the draft resolution. A parking demand sludy was prepared by Kimley Horn Associates to defermine that sufficient parking is available witliin tlie two off-site parking lots to provide Code-required parlcing for the clmrch and confirm tl~at the two pazking lots are within a reasonable walking distance to the chtirch so that other properties and tl~e public street would not be impacted. Since church services would be on Sunday momings, parking counts were conducted witliin the business parlc, including the properties at 1200 North Magnolia Avenue and 2544 West Woodland Drive on a Sunday. Tlie outcome was that nearly all of the parking spaces were available since the other businesses were closed. The walking distance analysis determined that the maximum walking time for a person going to the church from tUe furthest parking space would be approximately 4 minutes, which is acceptable for religious institutions. The rationale is that church congregants often drive long distances to attend church services and a few minute walk from their vehicle to Yhe cl3urch is not considered an impediment Tlie parking study concluded that with fonnal parlcing agreements with the properties located 1200 Nortlt Magnolia Avenue and 2544 West Woodland Drive, the church would have access to an adequate mimber of parking spaces tl~at are within a reasonable waiking distance. CONDITIONAL USE PERMIT NO. 2008-053Z3 August 4, ?008 Page 3 oF 3 CONCLUSION: Since the building would only be used for administrative offices on weekdays;- the church would be compatible with oT1~er office and industrial uses in the business park. The parking study has demonstrated that there is adequate parking for church services on Sundays since the other businesses on this property and on the properties proposed for off-sife parking are closed that day and recorded parking agreements for off-site parlcing would be required. Therefore, sYaff recommends approval of the project. Respectfully submitted, ~~jyl~k /~/~/U/,Sl/L'' / Principal Flanner Attachments: 1. Project Summary 2. Letter of Operation 3. Draf~ Resolution The following attaclunents were provided to the Planning Commission and are available for public review at the Planning Services Division at City ~Iall. 4. Parking Study 5. Exhibits (Site Plan, Sliared Parking and Floor Plan) 6. Site Photographs ATTACHMENT NO. 1 PROJECT SUMMARY CONDITIONAL USE PERMIT NO. 2008-05322 Develo 'ment Standard - Pro osed Project I Zone Standards' Site Area 13 acres N/A Parking 235 (77 on-site, 162 off-site) 188 (see Cable below) PARKING SUMMARY Parkine Repuired Use Size ' ' Ratio ` Re uired ` Sauctuary 5,990 s.f. 29 space/1,000 s.£ ' 174 spaces Office Area 1,291 s.£ 4 space/1,000 s.£ 5 spaces Kitclien* 440 persons 0.02 spaces/person 9 Total 188 If a kitchen facility is provided, Code requires 0.02 space per person for the masimum capacity f gure of the assembly area detennined by the City Fire Department. The Fire DepartmenY limits maximum occupancy to the number of fxed saats. Parkin2 Provided Address ' Number of S aces Provided 2536 West Woodland Drive (Subject Property) 77 1200 Narth Magnolia Avenue 162 2544 West Woodland Drive 29 Total 239 i7 ~ ~`~Chu;rch of Southlanai vi ~:I qCTS MINISTfl~ES INT£RN4ilINJAL July 15, 2008 Elaine Thienprasiddhi Associate Planner Anaheim Planning Department, Planning Services Division 200 South Anaheim Boulevard, Suite 162 Anaheim , CA 92805 Dear Elaine: ATTACHMENT NO. 2 Since our inception in 2001, the Church of Southland began with 70 members, with it primary goal of acquiring a building space to facilitate its ministries and worship services. As a predominantly 2nd generation Asian American church, the leadership recognized the seriousness of acquiring a building space for the purpose of growing not only in faith, but also in ownership of its local body of Christ. Currently, Church of Southland belongs to a network of churches where it serves as one of the flagship churches among the 2nd generatipn Asian American churches. To successfully purchase this building would provide a significant step in encouraging the network churches to continue in its pursuit of growth and expansion. The property will be used primarily for the purpose of holding multiple Sunday worships. With the current congregation size hovering just over 300 members, we hope to build a sanctuary space that will facilitate further growth in numbers. In regards to the general demographics of the 2nd generation Asian Americans that make up the Church of Southland, we realize that many are in the 30's and early 40's. That generally means that there are many married couples who are now having their 2nd and 3rd children in their families. In the past 7 years, as Church of Southland has been meeti~g in various hotel conference rooms, we have regretFully lost some members who were looking for better facilities for their children. We plan focus our efforts into building safe classrooms and facilities for infants through pre-teen children so that Church of Southland can more effectively minister to families. Our hours of operations are - Sunday 9:15am to 10:30am Worship (First Service) - Sunday 11:OOam to 1:OOpm Worship (Second Service) - Sunday 11:OOam to 1:OOpm Sunday School Bible Study - Sunday 3:OOpm to 4:30pm l:eaders' Meeting - Monday OFF - Tuesday - Friday 9:OOam to 6:OOpm Office Use If you have any further questions, please contact us anytime at our Church office. Sincerely, ,~j~ u ~.f ~~. i Keith Park Sr. Pastor, Church of Southland 13353 Alondra Blvd., Suite 208 - Santa Fe Sp~ings, CA 90670 TEL: 714)209-73A9 - FAX: 714)209-7384 E-MAIL: info@churchofsouthland.com - WEB: www.churchoFsouthland.com [DRAFT] ATTACHMENT NO. 3 RESOLUTION NO. PC2008-*** . ,._. A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05322 WITH WAIVER OF MINIMUM NUMBER OF PARKiNG SPACES (2536 WEST WOODLAND DRIVE) WHEREAS, the Aual~eiui Planning Commission did receive a verified Petition for Conditional Use Permit for a church with an off-site parlcing area on certain real property situated in tUe CiCy of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the property proposed for the church is developed with an industrial building located in the Industrial zone, the properties to be used for off-site parking are improved with a techiiical college and a research and development firm and are also within the I zone and the Anaheim General Plan designates tliese properties far Industrial land uses; and WHEREAS, the proposed request to permit a church includes waiver of the following: SECTION 18.42.040.010 Minimum required parkinQ spaces. 188 spaces required; 77 spaces proposed on-site and 162 spaces proposed off-site) WHEREAS, Yhe Planning Commission did hold a public l~earing at tlie Civic Center in the City of Anaheiin on August 4, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with tl~e provisions of the Anaheim Municipal Code, Cl~apter 18.6Q 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 uid in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following Facts: 1. ThaC Yhe clmrch in the Ind~istrial (I) zone is properly one for which a conditional use pem~it is authorized by Anaheim Municipal Code Section 18.10:030.040 (Community and Religious Assembly). 2. That the church would not adversely affect the adjoining industrial land uses and the growth and development of the area in which it is proposed to be located because all activities would occur inside the building. 3. That the size and shape of the site for the church is adequate to allow the full development of flie proposed use in a manner not detrimental to the particular area nor to the -1- PC2008-**x health, safety and general welfare of the public because all activities would be limited to Yhe inside of the building. 4. Tllat the variance will not cause fewer off-street parking spaces to be provided for the proposed church than tlle number of spaces necessary to accommodate all velaicles Por cliurch congreganls because additional off-street parking would be provided at 1200 North Magnolia Avenue and 2544 West Woodland Drive such that mora parking than is required by Code would be available to the clmrcli. 5. That the results of the pazking observations indicate that tlie businesses located at 1200 North Magnolia Avenue and 2544 West Woodland Drive do not utilize their respective parking lots during Yhe church's peak operating hours on Sundays. 6. That the trafFic generated by the church would not impose an undue burden upon tlie streets and highways designed and improved to carry tlle traffc in the area because Woodland Drive provide adequate stacking such tl~at vehicles would not back up onto Magnolia Avenue. 7. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim Planning Commission has reviewed the proposal and doas hereby find that Uie Negative Declaration is adequate to serve as fhe required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons liereinabove stated does hereby approve Conditional Use Perniit No. 2008-05322 subject to the following conditions ofapproval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to flie proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that this permit is approved without limiCations on the duration of the use. Amendmenfs, 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-bliYiated RevocaCion or Modificatioiz of Permits) of flie Auaheim Municipal Code. BE IT FURTHER RESOLVED that tlie Anaheim Planning Commission does hereby fnd and detennine that adoption of this Resolution is expressly predicated upon applicant's complia~ice wiYh eacl~ and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the fnal judgment of a~~y court of competent jurisdiction, tlien this ResolLiCion, and any approvals herein contained, shall be deemed null and void. -2- PC2008-*** BE IT FURTHER RESOLVED thaY tl~e applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of Yhe final invoice or prior to the issuance of building pennits for this project, whicl~ever occurs first. Failure to pay all chargas shall result in delays in Ylte issuance of required permits or the revocatiou of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 4, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoniiig Provisions - General" of the Anaheim Municipa] Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIl2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COLJNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of Yhe Anaheim Planning Commission, do hereby cerfify Yhat tlie foregoing resolution was passed and adopted at a meeting of the Anaheim Plaiuiing Commission held on August 4, 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-*** w ~ z w > Q Q J ~ z ~ Q ~ .......:.......... a so roo ~ ~ August4,2008 Proposed Church Site ~.~ Proposed Off-Site Parking Conditional Use Permit No. 2008-05322 Proposed Church Site - 2536 West Woodland Drive (!-'~- w°aES°E~~^°` Proposed Off-S'ite Parking - 2544 West Woodland Drive and 1200 North Magnolia Avenue 10570 ~ .~ ~ ~ ~ ~ Source: Recorded Tracl Maps andlar City GIS. Please note the acaracy is +/. lwo to five feel. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05322 No. Conditions ofApproval Responsible~for Monitorin PRIOR TO ISSUANCE OFA' BUILDING PERMIT, COMMENCEMENT OF USE OR ' ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS ' FIRST 1 Tliat all property used for off-site parking shall be under Planning agreemenY approved as to form by the City Attorney. The agreement shall be recorded in the Office of the County City Attorney Recorder, and a recorded copy filed with the Planning Department and, further, shall specify the number and location of the off-site parlcing spaces and assure Yl~at the spaces shall be accessible and available at all times for parking in conjunction with the use for which the parl<ing spaces are required. 2 That rooftop address numbers for the police helicopter Planning sliall be painted in a contrasting color to the roofing material. Numbers should be four incl~es in height and Police two inches wide. 3 That the business shall be equipped with an alarm system Police (silent or audible). Said information shal] be shown on plans submitted for building permits. 4 Tltat fire lanes shall be posted "No Parking ?.ny Time." Traffic Said information shall be shown on plans submitted for Engineering buildi3ig permiYs. 5 That the subject property shall be developed substantially Planning in accordance with flie plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Department Exhibit NQS. 1 tlirough 3 and as conditioned herein. 6 That the applicant shall file Emergency Listing Card, Police Form APD-281, with the Police Department, available at the Police DepartmenY front counter. 7 Tliat the applicant shall complete a Burglary/RoUbery Police Alam~ Permit application, Form APD 516, and return it to tlie Police Deparhnent prior to iniCial alarm activation. -5- PC2008-x** GENERAL CONDITIONS` 8 Tl~at church services shall be limited to weelcends and Planning holidays. Activities shall be limited to office use from Monday tlu-ough Friday, 8 a.m. to 5 p.m. 9 That any monument sign shall be located outside of any Planning sight disYance triangle and the ultimate right-of-way. Said information sliall be shown on plans snbmitted for sign Public Works permits. 10 Tl~at ongoing during business operations, no padcing area Traffic Engineering shall be Penced off or otherwise enclosed for outdoor storage areas. 11 That all church activities sllall be conducted indoors. Planning 12 That any amendment to, or termination of, the recorded Planning parking agreements shall require the prior written consent of the City. Alternative parking must be acquired to City Attorney provide Code required parking. 13 That approval of thls application oonstitutes approval of Planning the proposed request only to the extenY thaC it compGes with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not iticlude any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 14 That extensions For further time Yo complete oonditions of Planniug approval may be grauted in accordance with Section 18.60.170 of the Anaheim Municipai Code. 15 That timing for compliance with conditions of approval Planning may be amended by the Planning Directar upon a showing of good cause provided (i) ec~uivalent timing is established that satisfies the original intent and purpose of ~ tl~e conditiou(s), (ii) the inodification oomplies witl~ the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establislm~ent ' of the use or approved development. -6- PC2008-*** F m F ~ W ~ _N `~ N ~ ~ ~ ~ ~ ~ LG ~I LG(9CCII MAR~I6RA5 GG~BCC~ ...._~, ~n GG ~BGC) APTS RETAIL I v ~{....122'~ ~e CALABRIA APTS c-c : BILLAR~S ~ `~ ~ 46 DU $ ~Mqi~ J10P5 RM 4 p Conditional Use Permit No. 2008-05329 d 2201 West Lincoln Avenue LINCOLN AVENUE GG ShULL GG SHOPS ~ENTIST C-G SMALLSHOPS I"_ Nt tn W.LFESCEMAVE ~ '0 = K w ( I W L INCOLNAVE W L~NLaLNhVE l W IINWLNAVE IN a .. ~~~~ N ~ w. eaaaownr ~o '~ ~ ¢ I o ~ i 11 w ~ ~ ~ I I~ m (~+ 1 t-0571 GG C G I i ou r = SMALL ~~ UQ SHOP iDV = _..... .. W T T ~ W ~ W O O ~ W f~nW ' 7 ~ n G ~ ~..~ O. F N LLl 2 ~ ~ ~ ~ W : 2 ~ ~ = O ~ ~ ~ ~ T w LL ~ ~ ~jf ~ N ~ O ~ W ~ ~ ~ O~.. T I~ ~ CG f/J (n _ ~ ~ Y W Z °G fn cc = N K ~ d' Z 7 = m ~ Y riecci O i ou ~N y„ GG m VAC. cA wnsrv cc 4~ LINDSAY ROAD ICC) OIL CHNJGE 3 _Z iu u¢ T GG U° ClIP200B-05329 T GG ~~LL) ~ CUP 3016 ~ ~ COMMEftCIAL ti VAR2424 ~ SHOPS Au ust 4, 2008 Subject Property Conditional Use Permit No. 2008-05329 2201 West Lincoln Avenue ~ ~ W LPESCENTAVE ~ o ' ~ W.L INLOLNAVE W LINCOINAVE W~GNCOLNAVE l a I N -' _ ~~ ~ w.eaondwnr o ~ I~ ~ ~ 7 Iw _ ~ •1 ~1 ~; I . 10571 U SU lUU ~ ~ Aerial Photo: F~~~ Julv 2006 ITEM NO. 6 PLANNING COMMISSION AGENDA City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 4, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDTTIONAL USE PERMIT NO. 2008-05329 LOCATION: 2201 West Lincoln Avemie APPLICANT/PROPERTX OWNER: The applicant is Tiin Saivar and the property owner is Antranil< Kassabian. REOUEST: Tlie applicant requests approva] to permit a convenience market without alcohol saies within an existing commercial retail center. RECOMMENDATION: Staff recommends the Plazining Commission adopt Ute atYached resolution, approving a Class 1 Categorical Exemption and Conditional Use PermiY No. 2008-05329. BACKGRODND: Tliis property is developed with a vacant retail building and is located in the General Commercial (GG) zone and the Broolchurst Commercial Corridor (BCC) Oveday zone. The Anaheim General Plan designates this property and all adjacent properties for General Conimercial uses. This building was previously occupied by a single tenant; llowever, the Planning Commission approved Conditional Use Permit No. 3016 to permit a five-unit commercial retail center in June 1988. The property owner intends to divide the building into five tenant spaces per Yhe existing conditional use permiY. PROPOSAL: The applicant is requesting approval to permit a 2,200 square foot convenience market within one of the tenant spaces. No specific retail chain has been identified at this time. Alcahol saies are not proposed and are prohibited in the BCC Overlay. ANALYSIS: The proposed use is conditionally permitted within #l~e General Commercial zone. Tlie code requires a couditional use pennit for a market that is smaller than 15,000 square feeC. The applicant anticipaYes Yhat the market would be open 24 hotus a day and 7 days a weelc Code requires all retail uses to provide a 12 x 20 loading area if new conskruction is proposed. Since the marlcet would be occupying an existing Uuilding, the loading area is not required. StafFhas included 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax:(714)765-5280 www.anaheim.net CONDITIONAL USE PBRMITNO. 2005-05329 August 4, ?008 Page 3 of 2 a condiCion of approval limiting deliveries to non-peal< traffic times in order to avoid impacting-- ---- traffic flow on adjacent streets. WiYh this condition of approval, staff believes that the convenience market would not adversely affect the surrounding area. CONCLUSION: Staff recommends approval of the application because the market would be compafible with the other commercial uses in the area. Respectfiilly submitted, ~~~ /~s~- Principal Planner Attachments: 1. Letter of Operation 2. Draft Resolution by, Services Manager The following aCtachme~ts were provided to the Pluming Commission and are available for public review at the Planning 5ervices Division at City Hall. 3. Exhibits (Site Plan aud Floor Plan) 4. Site PUotographs ATTACHMENT NO. l C.U.P. Application 2201 W. Lincoln Ave. NWC Lincolo Ave. & Broolchurst St. Letter of Operation: The existing landscapiug, parking and 6259 SF retail center building and use are to remain. The new tenants are yet to be determined except to designate the soutliern 2200 SF area teuant space as a sniall market without any alcoholic sales. We anticipate tlie small m~uket hours to be 24/7, with two fi~ll time and one part time employee. We will consiruct d~e interior walls in a single pl~ase as a bLalding shell. The tenants will process their drawings for pennit through Llie city after the buildiilg permit has been issued for buildiug shell interior walls. The existing 32 parlcing stalls with two disabled access-parking stalls will remain. Tlie property is legal non-confornzn~g due to a ADA xequirement and public rmproveme~rt project. We are not re-constructing or cl~anging the physical nature of the building or property or changing the use of the Uuilding, it will remain a retail use building. Security lightiug is provided in tlie parking areas. All mechanical units axe screened from view Uy parapet walls. Tlie General Plan & Zone designates flie properry to be commercial. Lincoln Ave. & Broolchurst Street are major street a~id commerci~l corridors. The ~~roposed uses will provide for an orderly development of the land with the existing and contemplated firture uses in the general area. [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2008-**~" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05329 (2201 WEST LINCOLN AVENiTE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for a convenience market without alcohol sales on certain real property sittiated in the City of Anaheim, County of Orange, State of California, sliown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the property is developed with a retail building located in the Commercial-General zone and Brookhurst Coinmercial Comdor Overlay zone and the Anaheim General Plan designates U~e property for General Commercial land uses; and WHEREAS, Yhe Planning Commission did hold a public hearing aY tl~e Civic Center in tl~e City of Anaheim on August 4, 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 hear and consider evidence for and against said proposed couditianal 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 fnd and determine the following facts: 1. That a convenience marlcet in the Commercial-General and Broolchurst Commercial Corridor Overlay zones is properly one for which a conditional use permit is authorized by .Anaheim Municipal Code Section 18.08.030A10 (Marlcets - Small). 2. That tlie convenience market would not adversely affect the surrounding com~nercial land uses and the growfh and development of the area in whicb it is proposed to be located because no expansion to the existing building is proposed. 3. That the size and shape of the site for the convenience market is adequate to allow tlie fiill development of ti~e proposed use in a manner not detrimental to the particular area nor to the health, safeYy and general welfare of the public because no expansion Yo the existing building is proposed. 4. That the traffic generated by the use of the property as a convenience marlcet wiCl~in a conm~ereial reCail center will not impose an undue burden upon ihe streets and highways designed and improved to carry the Craffic in the area because the business requires no more parking than any other retail uses and; 1- PC2008-*** 5. That the granting of the conditional use permit under the conditions imposed will not be detrimenYal to tlie healfh and saFety of the citizens of the City oF Analaeim because no expansion to the existing building is proposed. 6. That *** indicated their presence at said public hearing in opposition; and Chat *** correspondence was received in opposation to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical ExempYions, Class 1(Existing Facilities) as defined in the SYate CEQA C'iuidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-05329 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby Found to be a necessary prerequisite to tUe proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of Yhe City of Anaheim. BE IT PURTHER RESOLVED thaY tl~is permit is agproved without limitations on the hours of operation or flie 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-InitiaYed Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and defermine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any sucl~ coudition, or any part thereof, be declared invalid or unenforceable by the $nal judgmenC of any court of competentjurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsiUle for paying afl charges relaYed 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 permiCs 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 tliis application. -2- PC2008-*~:* THE POREGOING RESOLUTION was adopted at tl~e Planning Commission meeting of August 4, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.6Q "Zoning Provisions - General" of tlie Anaheim Municipal Code pertaining 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 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that tlie foregoing resolution was passed and adopted at a meeting of the Anaheim Plaruiin~ Commission held ou August 4, 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-*** LINCOLN F- ~ ~ ~ _ Y O O ~ m Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is +/- hvo to five (eet. Q Subject Property Conditional Use Permit No. 2008-05329 2201 West Lincoln Avenue < a I ~( ~ W LRESCENTAVE _ O ~ ~ O ~ _ _ _ W.L IN COLN AVE ~ W.LINWLNAVE W.llNCOLNlNE ~ w - ~ ~ > < . F < - ~ ~ ~ ~ - - ,~ W BPOFOWAY~~a u 1_I ~ ~ Ij ~ w ~ E ~11~ Im I a ~' ~ ~ ~~ 1 m ~as~i o s, ~~~~~ ~ ~ EXHIBIT `B" Conditional Use Permit No. 2008-05329 Responsible for No. Conditions of Approval Monitoring PRIOR TO ISSUANCE OFA BUILDING PERMIT OR ONE (1) YEAR FROM THE DATE ' OF'THIS RE'SOL UTION, IYHICHEVER OCGURS FIRST 1 That all non-conforming signs shall be removed. Any Planning new signs shall comply with Code unless a variance is approved by the Planning Commission or Zoning Administrator. 2 That any monument signs shall be located outside of any Planning sight distance triangle and the ultimate right-of-way. Said information shall be shown on plans submitted for sign Public Works permits. 3 That additional landscaping shall be provided to screen Planning the existing backflow preventor from public view. Said information shall be shown on plans submitted for building permits. 4 That rooftop address numbers for the police helicopter Planning Police shall be painted in a contrasting color to the roofing material. Numbers should be four inches in height and two inches wide. 5 That the business shall be equipped with an alann system Police (silent or audible). Said information shall be shown on plans submitted for building permits. PRIOR TO F'INAL BUILDINGAND ZONING INSPECTIOIV OR COMMENCEMENT OF USE, WHICHEi~ER OCCURS F7RST ` 6 That the subject property shall be developed substantially Planning in accordance with the plans and specifications submitted to the CiTy of Anaheim by the applicant and which plans ' ue on file with the Planning Department Exhibit Nos. 1 and 2 and as conditioned herein. 7 That the business owner shall File Emergency Listing Police Card, Form APD-281, with the Police Department, available at the Police Department front counter. -5- PC2008-*** 8 That the business owner shall complete a Police Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. GENERAL C ONDITIONS 9 That deliveries to the convenience mazket shall be limited Code Enforcement to the hours between 9 a.m. and 4 p.m. 10 That approval of this application constitutes approval of Planning the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request reguding any other applicable ordinance, regulation or requirement. 11 That extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 12 That timing for compliance with conditions of approva] Planning may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -6- PC2008-*** 0 RM-4 DELESTES MOBILE ESTATES 217 UNITS W ~ W RESTAURAM ' ~ ~ U' i ~ O AVTO F- PEPHIF (n OFFILE W KENWOOD AVE ~ ~ DELESTES M081LE ESTATES 217 UNITS ~ U LL 4 DU 4 OU 4 pU~. ~ ANAHEIM SELF ~ i - STORAGE 1 m I ~ 0 TILE STORE T°' CHURCH ~ ~ Z O ... ~ W ~ I- N N RS-2 ~ p RS-2 ;H 1 DU EACH O 1 DU EACH o D 3 w a' O ^ Z Z Q U KENWOOD AVE VACANT . ~ ~ RCL 61-65-98 ~. RS-Z LOT ... cuPZao~os3z~ 1 DU EACH CUP 679 ~ ~RC~ sa~sa-o3~ ~ac~ se-ss-ea~ (CUP44B) ~S-2 SERVICE STATI~N 1 DU EACH ~ ~-~-147'--i ' i AUTO ~ WESTERN C-G ~ REPAIR TOOLSUPPLY SOLO98 L a Du 4 DU 4 DU e CommerciaUlndusfnal (NOrth Cen(ralJ RETENTION BASIN August 4, 2008 Subject Property 4 ~ ~ GG COMMERCL SHOPS P,~ ap~ Conditional Use Permit No. 2008-05327 1200 North East Street - Sunkist Unocal ROMNEYA DRIVE RS-2 1 DU EACH 1 DU EACH ---~---1_ ~ ~ ~ ' 1 ~ E.OflIWGETHORPEAVE ~ I ~ ~ i 4 ~ ~ , _ ~~ m ;< w _ ',a ~~ w. ~ ~ ~ ~ ~ . . j= ~~ w Am ~ Yy E.LAPPLMAAVE r . A m Tm ~• ~ 2 ~ ~. '~ O y 10572 Au ust 4, 2008 Subject Property Conditional Use Permit No. 2008-05327 1200 North East Street - Sunkist Unocal ~os~z n sn ~nu ~ ~ Aerial Photo: F"« Julv 2006 ITEM NO. 7 PLANNING COMMISSION AGENDA REPORT 200 5. Anaheim Blvd, Suile #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax:(714)765-5280 www.anaheim.net City of Anaheiin ~~"'~~~~ PLANNING DEPARTMENT DATE: AUGUST 4, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05327 LOCATION: 1200 North East Street APPLICANT/PROPERTY OWNER: The applicant and property owner is Majid Nazari. BEOUEST: The applicant requests approval of a conditional use permit to authorize the sale of beer and wine for off-premises consumption at an existing service station and convenience market. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, approving a Class 1 Categorical Exemption and approving Conditional Use Pennit No. 2008-05327. BACKGROUND: The property is developed with a 1,650 square foot service station building and one canopy island with eight fuel pumps. Three auto service bays and a convenience market are located witltin the service station building. The property is located in the General Commercial (GG) zone. The General Pian designates this property for General Commercial land uses and the property to tlie south for Neighborhood Commercial land uses. Properties to the north and east are designated for Low Density Residential land uses and properties to the west are designated for Medium Density Residential land uses. In 1967, tlie City Council approved Conditional Use Permit No. 677 to esYabiish a service stataon at tiie subject site. PROPOSAL: The applicant proposes to sell beer and wine for off premises consumption aY an existing service station and convenience market. The applicant submitted a letter of operation (attached) which provides a description of the beer and wine request and convenience market operations. No changes to the building or parking lot are proposed. The total percentage of the floor area designated for the sale of beer and wine will not exceed 25%, including refrigerators, display areas, and open shelving. The owner will continue to maintain a convenience store where customers will be able to purchase everyday necessities such as general liousehold products, packaged food products, and hot and cold beverages. CONDITIONAL USE PERMIT NO. 2008-05327 August 4, 2008 Page 2 nf 2 ANALYSIS: The Analieim Police DepartmenY has indicated Chat Yhis property is located within Reporting District 1426, which lias a crime rate of 3 percent below the City average. This property is also located within Census Tract No. 864.04 which lias a population of 6,217. This census tract allows for four licenses and there aze currently Chree licenses in the tract. Since the property is located in a Police reporting district with a crime rate below the City average and a census tract tl~at does not have an over concentration oFABC licenses, a determination of public convenience or necessity will not be required for this request. Tlte Police Department has reviewed tlie proposed request and recommends approval subject to conditions that l~ave been incorporated into the aktached resolution. The proposed sale of beer and wine for off-premises consmnption is a compatible use within a convenience marl~et and will provide a convenience to the cusComers visiting the service sCation. Staff believes that wiYh the conditions of approval relating to restrictions on alcoholic beverage packaging, displays, signage, property maintenance, and on-site consumption, flie use would not be detrimental to the area. Therefore, staff recommends approval of tlie application. Respectfiilly submitted, ~~~ q~~ ~- Principal Plam~er Attachments: 1. Draft Resolution 2. Police Department Memorandum 3. Reporting Districts Map 4. On-Sale Census Tract Map 5. Off-Sale Census Tract Map 6. Letter of Operation Manager The foUowing aYtachment was provided to tl~e Planning Commission and is available for pubiic review at the Planning Services Division at City Hall. 7. Site and Floor Plans [DRAFT] ATTACHMENT NO. 1 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION `" APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05327 (1200 NORTH EAST STREET) WHEREAS, the Anaheim Planning Commission did receive an application for a conditional use permit to permit the sale of beer and wine for off-premises consumption in conjunction witl~ an existing service staYion and accessory convenience marlcet for certain real property situated in Yiie City of Anaheim, County of Orange, 3Cate of Califomia, as more particularly described in Exhibit "A" attacl~ed hereto and incorporated by this reference. WHEREA3, the Planning Commission did hold a public hearing at the Civic CenCer in the City of Anaheim on August 4, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance witli the provisions of the Anaheim Municipa] Code, Cliapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendafions in connection therewith; and WHEREAS, said Planning Commission, after due insgection, imestigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said liearing, does find and deterniine the following Facts: L That tlie request to permit the sale ofbeer and wine for oPf-premises consumption in conjunction witl~ an existing service station and accessory convenience markeY in the General Commercial (C-G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Alcoholic Beverage Sales - Off-Sale). 2. That the proposed beer and wine sales would not adversely affect the adjoining commercial and residential land uses and the growth and development oFthe area in which it is proposed to be located because all business activities would remain inside the Uuilding. 3. Tliat the size and sliape of the site for the service station and convenience market operations is adequate to allow the full development of the proposed use in a maru~er not detrimental to Uie particular area nor to the health, safety and general welfare of the public because all sales and operations, with the exception of fuel dispensing, would remain inside the building. 4. That the traf6c ge»eraCed by Che service station would not impase an iindue burden upon tlie streets and highways designed and improved to carry the traffic in the area because the service station is consistent with the Yypes of commercial uses along East Straet. 5. That this property is located within Reporting District 1426, which has a crime rate of 3 percenY below the City average. This property is also located witl~in Census Tract No. 864.04 which has a population of 6,217, This census traet allows for four licenses and there are currently Yluee licenses in the tract. Since the property is located in a Police reporting district with a crime rate below the City average and in a census tract thaY does noY have an over-concentration of ABC -1- PC2008-*** licenses, a determination oPpublic convenience or necessity will not be required for this beer and wine request. 6. That there are i~o schools or public parlcs adjacent to or witliin 500 feet of the subject site. 7. That the sale of beer and wine will be an ancillary component of flie business and Yhe owner will continue to maintain a convenience store where customers will be able to purchase everyday necessities such as general household prodcicts, packaged food products, and hot and cold beverages. 8. That the Anaheim Police Department recommends approval oFthe proposed sales of beer and wine for off-premises eonsumption and recomrnends conditions of approval that are described in Exhibit "B" attacl~ed hereto and incorporated by this refereuce. 9. That *** indicated their presence at the publio hearing in opposition; and that *** correspondence was received in opposition to khe subject request. WHEREAS, tUe proposed project falls within Che definiYion of Categorical Exeuiptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Analieim Planning Commission does hereby approve Conditional Use Pe~nif No. 2008-05327 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve tlle liealth, safety aild general welfare of the Citizens of the City of Anaheim. BE IT PURTHER RESOLVED that this permit is approved without limitations on tl~e liours of 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 Apprpvalj and 18.60.200 (CiCy-Initiated Revocation or ModiFication of PermiYs) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this ResolnCion is expressly predicated upon applicant's compliance with each and all of the condifions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by tlle final judgment of any court of competent~urisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -2- PC2008-*** BE IT FURTHER RESOLVED Yhat the applicant is responsible for paying all cliarges relaYed to the processing of tliis discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of tlia approval of tliis application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 4, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the .Anaheim Mwiicipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event oP an appeal. CHAIRMAN, ANAHEIM PLAI~I~]ING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNiNG COMMISSION STATE OF CALIFORNIA ) COUNTY OF OIUINGE ) ss. CITY OF ANAHEIM ) I, Gzace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that flte foregoing resolution was passed and adopted at a meeting of khe Anaheim Planning Commission lield on August 4, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunko set my hand this day of , 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-~** ~- ~ 0 0 0 ~ ~ 0 z KENWOOD AVE ~ ~ ~ ~ ¢ w BALSAM AVE \ \ . .............. ..... . __. ... n so m~~ ~ ~ ~ Subject Property Conditional Use Permit No. 2008-05327 1200 North East Street - Sunkist Unocal ,~5~2 ~ ~ D Z77 ~ O O 0 ~ BALSAM AVE ~~ ~ ~~ Source: Recorded Tract Maps and/or City~G15. Please noEe the accuracy is +/- two lo five feet. KENWOOD AVE ROMNEYA DR EXHIBIT "B" Conditional Use Permit No. 2008-05327 _..,_. No. Conditions of Approval Responsible fpr Monitoring GENERAL 1 That there shall be no exterior advertising or sign of any kind or Police/Code type, including advertising directed to the exterior from within, Enforcement promoting or indicating the availability of beer and wine. Interior displays of beer and wine or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2 That no display of beer and wine shall be located outside of a Police/ Code building or within five (5) feet of any public antrance ta the Enforcement building. 3 That tlie area of beer and wine displays shall not exceed 25% of Police/Code the total display area in a building. Enforcement 4 Tltat sale of beer and wine beverages shall be made to customers Police/Code only when the customer is in the building. Enforcement 5 T1iaY no person under 21 years of age shall sell or be permiYted to Police/Code sell beer aiad wine. EnforcemenY 6 That beer and malt beverages sliall not be sold in packages Police/Code containing less than a six (6) pack, and wine coolers shall not be Enforcement sold in packages containSng less than a four (4) paclc. No other wine shall be sold in bottles or containers of less than 750 ml. The sale of Ueer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers sl~all be prohibited. 7 That the possession of aleoliolic beverages in open containers Police/Code and the consumption of alcoholic beverages are prohibited on or Enforcement around these premises. 8 That the parking lot of the premises shall be equipped with Police/Code iighting of a minimum 1 foot candle power to illuminate and Enforcement n~ake easily discemible the appearance and conduct of all persons on or about t13e parking lot. Additionally, Yhe position of such lig}iting shall not dislurb the normal privacy and use of any neighboring residences. -5- PC2008-*** 9 That tlaere shall be no amusemenC machines, video game Police/Code devices, or pool tables maintained upon the premises at any Enforcement time. 10 That there shall be no public telephones on the property that are Police/Code located oiitside the building and within the control of the Enforcement applicant. 11 Tltat the gross sales ofalcoholic beverages sliall not exceed 35 Police/Code percent of all retail sales during any three (3) month period. The Enforcement applicant shail anaintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 12 ~~ Tl~at the petitioner shall be responsible for maintaining the area Police/Code adjacent to the premises over whicl~ they have control, in an Enforcement orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marlced upon Yhe premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 13 Tl3at the rear door(s) slaall be kept closed at all times during the Police/Code operation of tl~e premises except in the cases of emergency and to Enforcement pemiit deliveries. Said door(s) shall not consist enYirely of a screen door or ventilated security door. 14 That signs shall be prominently posted at tlie wine storage and the ' Police/Code cash register area reading: "Wine coolers may be purchased on Enforcement Ylaese premises only in quantities of a four-pack or more." 15 That the hours of operation for the convenience mar]<et shall be Police/Code consistent with the hours as indicated in the application form on Enforcement file with the City of Anaheim Planning Deparhnent. The doors to the convenience marlcet shall be locked at 12 a.m. and can be ' opened at 6 a.m. 16 Tl~at subject property shall be developed substantially in Planning accordance witl~ plans and specifications submitted to the City of Anaheim by the petitioner and which plaus are on file with the Planning Department marked Exhibit Nas. 1 and 2, and as conditioned herein. 17 That approval of this application constitutes approval of the Planning proposed request only to the extent that is complies with the A»al~eim Municipal Zoning Code and any other applicable City, -6- PC2008-*** State and Federal regulations. Approval does not include any action or findings as to compliance or approval of tl~e request regarding any otlier applicable ordinance, regulaYion or requirement. -7- PC2008-*** ATTACHMENT NO. 2 rN~r~_inf~a~,., ` >~ F~ ;~!, ; ~~~ j>~ ~~; _._a-,. , ,; ; °~NiSr.u ~~ City of Anaheiin POL,ICE I)EPAR'T1VIEl>1T Special Operataons Division TO: From: Dave See Planning Department Lieutenant Don Klein Vice, Narcotics, and Criminal InYelligence Bureaa Commander Date: June 10, 2008 I2E: CUP2008-05327 Union 76 1200 N. East Street Anaheim, CA 92805 The Police Department has received an I.D.C. Route Sheet for CUP File 2008-05327. The applicant is requesting to permit the sale of beer and wine for off-site consumption at an existing service station and convenience store. The location is within Reporting District 1426, which has a Crime Rate of 3 percent below average. It is also within Census Tract Number 864.04 which has a population of 6,217. This population allows for 4 off sale Alcoholic Beverage Control licenses and there are presently 3 licenses in the tract. It also allows for 7 on sale licenses and there are presently 5 licenses in the tract. The census tract boundaries are: North 91 Freeway South La Palma East State College West East Please see attached census tract map for licenses in the immediate vicinity. The census tracts surrounding this location are as follows: North - Fullerton Ana6eim Police Dept. A25 S. Harbor Dlvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765.1665 South - 864.05 On Sale allowed 8(active 5 West - 865.02 On Sale allowed 8/active 5 population 6,699 Off Sale allowed 4/active 4 population 6,678 Off Sale allowed 4/active 3 Memorandum Dave See Union 76 East - 864.02 On Sale allowed 6/active 1 population 5,336 Off Sale allowed 4/active 3 Additional Census Tract information: North West - Fullerton North East - Fullerton South West - 865.02 On Sale allowed 8/active 2 population 6,678 Off Sale allowed 4/active 3 South East - 864.02 On Sale allowed 6/active 1 population 5,336 Off Sale allowed 4/active 3 This location has had 8 calls for service in the Iast year. They consist of: 3 disturbance, 1 stolen vehicle recovery, 1 petty theft, 1 restraining order, 1 forgery, and 1 grand theft. Of these four reports were taken. The Reporting District north of the location is in the City of Fullerton. The Reporting District east is 1427; it has a crime rate of 115% above average. West is 1425; with a rate of 6% above average, and south of the location is 1526; with a crime rate of 122% above average. The Police Department does not oppose this request. We do request that the following conditions are placed on the Conditional Use Permit: 1) There shall be no exterior advertising or sign of any kind or type, induding advertisiog directed_to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of aicoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2) No display of alcoholic beverages shall be Iocated outside of a building or within fve (5) feet of any public entrance to the building. 3) The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. 4) Sale of alcoholic beverages shall be made to customers only when the customer is in the building. 5) No person under 21 years of age shall sell or be permitted to sell beer or wine. Page 2 Memorandum Dave See Union 76 6) Beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and wine coolers shall not be sold in packages containing less than a four (4) pack. 7) The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. 8) The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. 9) The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discemible the appearance and conduct of all persons on or about the parki~g lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 10) There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 11) There shall be no public telephones on the property that are located outside the building and within the control of the applicant 12) The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 13) Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 14) The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. 15) Wine shali not be sold in bottles or containers smaller than 750 ml and wine-coolers must be sold in manufacturer pre- packaged multi-unit quantities. Please contact Sgt. Allan Roman at exte~sion 1451 if you require further information in regards to this matter. f:\home\mminvin\CUP\2008-05327 1200 N East Union 76.doc Page 3 v mv ~~ > ~. <. ~~ ~ O N ~ W ~ ~ ,, m b ` ~ w z a ~ o 0 . ~.. .. ... v ~1 ~ G ti ~ E ~ n° . ~ ~ pp O in m cio~w o v u v rno L ~ N o c z ~ a ~ w ~ E U o. o o o -- ` u ° ~ ,~-, ~ ~ a ~ ti a a z Q ~ ~ ~ m o o+ ~ Q ~ a I O~IB 3~J3110~ 1S W ~ W a ~ > ! ~ o Q N ° i ~ ~ M ~ ----; ~ ~ ~ j ~ ` ~ a ~ z 5 Q o ~ CO C~ , ~~ , Q z ~ 1S VI~t/~V . ~ _ ~ ~ ~ ~ , ~ N p \ ? a ~ ~ ~ ~ ~ \ ~ ~ ~ o ~ ~ ~~ ' ~ M ~ N ~ W ~, e i'~ 3 P ~ U~ ~ J ~ a I ' / - ' ~' ~ ~ ~ 3rid aNOwnva I ~ ~ ~ + ~ ~ I I ~ ~ ~ I ~ ~ I ~ j ~ J a ~ ~ I ~ l.._.. o 1S NOW3'1 I ~ OA~B WI3HVNV Attachment No. 6 Maj id Nazari Sunkist Unocal 1200 N. East Street Anaheim, CA92805 Ciry of Anaheim Zoning Administrator Planning Commission Planning Deparfinent Planning Services Division Re: Justification for Conditional Use Pemiit To whom it may concern, May 21, 2008 Tke property located at 1200 East St., Anaheim, currently, has an existing Gas 5tation (Unoca176) with an e~sfing convenience store. In addition, the site has ample parking to meet the current and future needs of the community. The request of the beer and wine offsite sales requiring CUP Permit is in response to the request by the local customers. for alcoholic beverages (beer and wine) offsite sales. In the granting of flie Permit, I, the owner, believe that the convenience store would meet the needs of the local community. The intention of the store is to accommodate the local residents to acquire incidentals. The store will be within walking or close driving distance of the residents. The providing of only two small coolers will have a minimum effect on the scope of the total beverage sales in the snack shop. This C:U.P. Grant however will provide substantial revenue to my beverage sales. The onsite parlcing is ample for tlie perspective increase of traffic. The commereial corner adjacent, south of the site, has mulfiple types of commercial uses but has problems with lack of pazking. Cunently, tl~e owner of the mazket at tlie south commeicial site asked if he could boirow 4 spaces'for himself and his employees, which I allowed. At this time people paz•king at my spaces asked me about selling alcohol (off site sa(es of beer and wine only), because of theu~ inconveniences with the lack of parking at the mazlcet to get just a few items, like chips, beverage, beer and wine. I believe the permit will not adversely affect or harm the community. Instead, I feel I would provide the needs of the community, by giving more sales options with needed pazking for the local commercial area. I care about and will be responsible to my community. I am also flexible to the suggestions from the Planning and or Police Departments regazding the ofPsite sales of beer and wine. Sincerely, Majid Nazadi IlClll IYU. A m N n A n so ioo . ~ . . ~ r, ~i August 4, 2008 Subject Property Conditional Use Permit No. 2008-05321 1321-1381, 1300-1382 South Auto Center Drive 1221-1271 South Phoenix Club Drive E. 10573 Au ust 4, 2008 Subject Property Conditional Use Perrnit No. 2008-05321 1321-1381, 1300-1382 South Auto Center Drive 1221-1271 South Phoenix Club Drive 10573 o so ion ~ ~ Aerial Pholo: Geui ,..~_ ........ ITEM NO. 8 PLANNING COMMISSION AGENDA REPORT City of Anaheim '" PLANNiNG DEPARTMENT DATE: AUGUST 4, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05321 WITH A WAIVER OF CODE REQUIREMENTS LOCATION: i331 - 1381, 1300 - 1382 Auto CenterDrive and 1221 - 1271 South Phoeuix Club Drive (Anaheim Auto Center) APPLICANT/PROPERTY OWNER: The applicant is Rod Wilson from Electra- Media, Inc. on behalf of Anaheim Auto Center. The properfy owners are Hardin Automotive, DELA LLC, City of Anaheim, Anaheim Automotive, ACD Holdings, LLC, and Ericlc Tan Bickett Trust. REOUEST: The applicant requests approval to construct a 70-foot liigh freeway- oriented electronic readerboard sign for the Anaheim Auto Center that is larger, taller and wider than perniitted by Code. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, approving a Class ll CaYegorical Exemption and approving Conditional Use Permit No. 2008-05321 with a waiver of sign code requirements. BACKGROUND: This property is developed with a regional automobile sales factility with various automobile dealerships (Anaheim Auto Center) and includes an existing freeway-oriented electronic readerboard sign. This property is located in the General Commercial (C-G) Zone. The General Plan designates this property and surrounding properties for General Commercial land uses. The SR-57 Freeway is immediately west of this property, the Santa Ana River is to the north and east and office and other commercial uses are located to the south. PROPOSAL: The applicant proposes to replace an exisling freeway-oriented electronic readerboard sign with a new 70-foot high electronic readerboard sign. The proposed sign will include a 392 square foot LED-type electronic readerboard, a static ".4naheim AuCO Center" identification sign, and nine lA-square foot dealership identification square panels. The proposed sign will be located in the same locaYipn as the existiug sign. The height and width of the sign are similar to the existing sign. The maximum display area will be reduced from 769 square feet to 631 square feet. A detailed comparison of the existing and proposed sign is attacl~ed in the Project Summary. 200 S. Anaheim Blvd. Suite #162 A~aheim, CA 92805 Tel: (7i4)7fi5-5~39 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2008-05321 August 4, 2008 Page 2 of 3 ANALYSIS: Electronic readerboards are allowed witliin the GG zone, subject to the approvat" `` of a conditional use pennit to determine compatibility wit3i surrounding land uses.. Electronic readerboards are defined by Code as "a chnngeable copy sign z~po~: rvhich the copy is displ¢yecl o~• changed by electi~oitic means". Electronic readerboards are limited to displaying messages and advertisement of goods and services rendered on-site. In comparison, the Code defines billboards as "a sigrt of any kinrl or ~iatr~re tivhatsoever a~sed to arlvertise (i) ¢ny busi~iess, indatst~y, errtertni~unent or activtty not conducterl, or (ii) mry goods or other tangible items not procluced, sold or ctvnilable, oi~ (iii) any sen~ices or other intangible.r riot m~ailable or rendererl, on the pren~ises upon whicla such sig~a is located; provided, ltowever, such ternz shall not include aray regional gttdde sign, nanzeplate, tentporaiy real estate sigre, ide~itiftcation sig~r or on-site t~dvertising sign czs such ternss are def ned in this cl~aptei~. Such te~-m shall also tzot inclurle mry notice postecl by cany puGlic officer iri the peifonnance of an official duty, or any directio~~al, warni~ig or infa~mational sigrr reguired or autltorized by airy fedai•al, state, cou~:ry or local aid/sority." Billboards are prohibited by Code. Therefore, the proposed electronic readerboard is not pem~itted to display or adverfise any goods or services that are not sold or rendered on-site. Due to its proximity to the SR-57 Freeway, the proposed electronic readerboard sign is also regulated Uy the State of Califomia, Outdoor Advertising Act (ODA). Consistent with the Anaheim Mwiicipal Code, advertising of off-site goods and services is prohibited on freeway- oriented signs along tlie SR-57 Freeway because fhe segment oFfreeway is designated as a "Landscaped Freeway". Maximum Size of Sign: The proposed sign will be larger, taller and wider than pennitted by Code. Tl~e sign will liave a display area oF 631 feet, a height of 70 feet, and a width of 28 feet. Code allows a freeway-oriented sign to have a maximum area of 125 feet, a maximum height of 30 feet and a maximum width of 15 feet. The proposed sign will be located approximately 15 feet below the adjacent freeway grade which results in limited visibility from automoUiles traveling on the SR-57 freeway. In addition, mature trees located in the freeway rigl~t-of-way nortl~ of the sign partially obscure visibiliYy of the existing sign from soutl~bound freeway traffic, wl~ile existing billboards partially obscure visibility of the existing sign from northbound fi•eeway iraffia Tha proposed area, height and width are intended to maintain clear visibility of the sign from the adjacent freeway. The proposed sign would be the same height and widYh as tlle existing freeway-oriented sign, with a reduction in the maximum display area. Teleeommunications Antennas: The existing sign has telecornmunication antennas attached to tlie upper area of the sign wliich are painted white to match the sign. The proposed sign includes decorative cabinets tl~at will fully enclose the telecommunications antennas and are designed as an integral part of the sign. The proposed stealth screening of Che antennas is a sigilifieant aesCheric improvement. An existing freestanding Anaheiin AuYo Center sign located on Ball Road will also be updated to be consistent wiYh tlie color and style of the freeway-oriented sign. Modifications to this sign will be reviewed adininistraYively and are not a part of tl~is request. CONDITIONAL USE PERMIT NO. 2005-05321 August 4, 2008 Page 3 of 3 ~ CONCLUSION: StafFreconmiends approval oftl~e proposed request because the freeway- ' orienYed electronic readerboard will replace an existing electronic readerboard ofsimilar size, height and width, with a reduction in Che overall sign area. The proposed sign is a significant ' enhancement to the tecluiology, energy efficiency, and aesthetics of the existing sign. Further, the unique size and operational characteristics of the automobile sales cenYer when combined witl~ Che 1imiCed visibility of tlie sign due to topograpl~y and existing visual impediments, justify the need for exceeding code requiremenCs. Respectfully submitted, ~~~ ~~~~- Principal Planner AttachmenYs: 1. Project Summary 2. Drai~ Resolution Manager The followii~g attaohmenY was provided to the Planning Commission and is available for public review at the Planning Services Division at City Hall. 3. Pla~is ATTACHMENT NO. 1 PROJECT SUMMARY CONDITIONAL USE PERMIT NO. 2008-05321 " Develo ment Standard Existin Pro osed Pro'ect - Si n Standards Site Area 21.62 acres Same Min. 10 acre size automobile dealership(s) required ' to allow a freeway- oriented sign ~ Masimurn Sign Heiglit 70 feet 70 feet 30 feet, subject to approval of conditional use permit Maximum Sign Width 29 feet, 11 inches 28 feet 15 feet Maximum Sign Area 769 square feet 631 sqciare feet 125 square feet [DRAFT] RESOLUTION NO. PC2008- ATTACHMENT NO. 2 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 11 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05321 WITH WANERS OF MAXIMUM SIGN AREA, HEIGHT AND WIDTH (1321 - 1381, 1300 - 1382 AUTO CENTER DRIVE AND 1221 - i271 SOUTH PHOENIX CLUB DRIVE - ANAHEIM AUTO CENTER) WHEREAS, Yhe Analieim Planning Cammission did reaeive a verified Petition for Conditional Use Permit to construct a 70-foot high freeway-oriented electronic readerboard sign for the Anaheim Auto CenYer Yhat is larger, taller and wider than perniitted by Code on certain real property situated in tlie City oF Anaheim, County of Orange, SYate of Califomia, shown o~ Exhibit A, attaclied hereto and incorporated herein by Yhis reference. WHEREAS, the subject property is comprised of several properties totaling approximately 21.6 acres, and developed with multiple automobile dealerships commonly referred to as the Anaheim Auto Center; and WHEREAS, the subject property is located in the General Commerciai (C- G) Zone and tlie Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the proposed request to construct a 70-foot high freeway- oriei~ted electronic readerboard sign far the Anaheim Auto Center includes waivers of the following: (a) SECTION 18.44.100.030 Maximum sign area. (i25 square feet permitted; 631 square feet proposed) (b) SECTION 18.44.100.030 and Maximum sign hei~ 18.44.100AG0 f30 feet permitted; 70 feet proposed) (c) SECTION 18.44.100.030 Ma~cimum siQn width. (15 feet permitted; 28 feet prooosedl WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 4, 2008, at 2:30 p.m., notice of said public hearing liaving been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.6Q to hear and consider evidence for and against said proposed conditional use pemlit and to investigate and make findings and recommendaCions in connection therewiYh; 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 Yhe following facts: - 1 - PC2008-*** 1. That the freeway-oriented electronic readerboard sign for the Anaheim Auto Center is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.44.OSOA10 and 18.44.100.010. 2. That the freeway-oriented electronic readerboard sign would not adversely affect the adjoining land uses and the growth and development of the azea in which it is located because the proposed freeway-oriented electronic readerboazd sign is compatible with the primazy use of the property as a regional automobile sales center and that it replaces an existing sign of a comparable area, height and width; and 3. That no traffic would be generated by the proposed freeway-oriented electronic readerboazd as it is an accessory advertising device for the regional automobile sales center and would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea; and 4. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim~ and 5. That waivers (a), (b), and (c) are hereby approved based on the unique topography of the property, which sits 15 feet below the adjacent freeway grade, and the lazge size of the property containing multiple automobile dealerships with limited visibility to the freeway, which conditions warrant a larger, taller, and wider sign than permitted by Code in order to ensure visibility to the regionally-significant automobile sales center, and further, that the proposed electronic readerboard sign will replace and upgrade an existing electronic readerboard sign of the same height and width and will represent a reduction in the masimum display area. 6. 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 definition of Categorical Exemptions, Class 11 (Accessory Structures) 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 Conditional Use Permit No. 2008-05321 with waivers of maximum sign azea, height and width subject to the conditions of approval described in E~ibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that this permit is approved without limitations on the duratipn 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-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. - 2 - PC2008-*** 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 tliereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals lierein contained, shall be dee~ned null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all cliarges related to the processing of tliis discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of build"uig pemiits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at YUe Planning Commission meeting of August 4, 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 appea] procedures and may be replaced by a City Council Resolution in the event of an appeal. CHA]RMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COiJNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that Che foregoing resolution was passed and adopted at a meeting of tl~e Anaheim Planning Commission held on August 4, 2008, by the following vote of the members tliereo£ AYES: . COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my huid this day of , 2008. SENIOR SECRETARY, ANAHEIM PLANNiNG COMMISSION - 3 - PC2008-*** edi. ~ ~ ~ ~ C a se mo ~ ~ FFec Q Subject Property / Conditional Use Permit No. 2008-5321 1321-1381, 1300-1382 South Auto Center Drive 1221-1271 South Phoenix Club Drive 70573 ~ Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is +/_ ty,~o ~o five feet. E EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05321 '° Responsible for No. Conditions of Approval Monitoring PRIOR TOTSSUANCE OFA BUILDING PERMIT 1 Tl~at the locations for any above-ground utility devices including, but not limited Planning to electrical transformers, water backflow devices, gas, communications, telecommunicataons, and cable devices, ete., shall be shown on plans submitted Por building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. Any required relocation of City eleetrical facilities shall be at tlie developer's expense. 2 That landscape and imgation plans shall be subn~itted to the Planning Department Planning indicating a layered landscape in front of Yhe sign, including rapid growing clinging vines attached to a trellis at Clie base of the sign. 3 That Yhe property owner/developer shall provide the City of Anaheim witli a Electrical public utilities easement around all pad mounted transformers, switches, Engineering capacitors, eta Said easeinent shall be submitted to the City of Anaheim prior to connection of electdcal service. GENERAL 4 That this property shall be served by underground utilities per tlie ElecYrical rates, Electrical rules and regulations. Tliat any relocation of City electriaal facilities will be at Engineering tl~e property owners' expense. Landscape and/or hardscape sereening of all pad- mounted equipment will be required and shall be outside the easement area of the equipment. 5 That on-going during project operataon, the property shall be permanently Code maintained in an orderly fashion tluough the provision oFregular landscaping Enforcement maintenance, removal oP trash or debris, and removal of graffiti withiii twenty- four (24) hours from tUe time of discovery. 6 That on-going during project operation, the advertisement and display of goods Code and services on any display surface, including the electronic readerboard and any Enforcement static display surfaces, shall be limited to those goods and services that are sold or rendered on-site. The display or advertisement of goods and services that are noY rendered on-site shall be prohiUited. - 5 - PC2008-*** Responsible for No. Conditions of Approval Monitoring 7 That on-going during project operation, all advertising on the freeway-oriented Code si,gn shall comply with provisions set forth in Sections 5200-5486 (Outdoor Enforcement Advertising Act) of the Business and Professions Code. 8 That on-going during project operation, the sign shall Ue continually maintained Code in a"like new" condition. Enforcement 9 That subject property shall be developed substantially in accardance with plans Planning and specifications subinitted to the City of Analieim by project applicant and which plans are on file with tlie Planning Department marked Exhibit Nos. 1 through 6 of Conditional Use Pennit No. 2008-05321, and as conditioned herein. 10 Tl~at approval of tliis 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 Federa] regulations. Approval does not indude any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulatiou or requirement. 11 That t~ming for oompliance with coaditions of approval may be amei3ded by tl~e Planning Director upon a showing of good cause provided (i) equivalent timing is established t13at satisfies the original intent and purpose of Yhe eondiYion(s), (ii) the modification complies with tlie Anaheim Municipal Code and (iii) the applicant has demoustrated significant progress toward establislunent of the use or approved development. - 6 - PC200$-*** Item No. 9 < ~' o~ a °~ ~w ~ ` o~ - o s w w -w i ~ » ~o w= o p o ~o 0 a>o .> ~ mm i'< m~ w~, :m w~ wuo xm :"a 5'< ~.m i`urc u8°a °u8°a OW\NGRH~FPE ' AV cNUE LAPALM1IA AVENIIE LIHCOLN FVENIIE 9ALL ¢ 3 ~ ROAO ¢ .¢ NAiELIA AV[NUE ~n a CHAPMAN AVENVE r w o¢ ~ ii ~ ~ ow - ww _ w ~. z~i am a gc~ mui w~n xm x~n u~i~u'm u sa mu ~ ~ rect August 4, 2008 Zoning Code Amend ment No. 2008-00067 ~, t°~''ti~"`'~- _ ~ ~ y'v- ~ l ~.L~~ £. -~ ~ • '" ~ A-~~ Citywide ,osae ITEM NO. 9 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel; p14) 765-5139 Fax:(714)765-5280 www.anaheim.net City of Analieim PLANNING DEPARTMENT DATE: AUGUST 4, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: ZONING CODE AMENAMENT NO. 2008-00067 LOCATION: Citywide APPLICANT: Planning Department REOUEST: T`liis is a City-initiated reqnest to amend ChapCer 18 of Title 1$ (Zoning) and Chapter 7 of Title 7(Morals and Conduct) of tlie Anaheim Municipal Code. RECOMMENDATION: 3taff recommends the Planning Commission continne this request to August 18, 2008, in order to readvertise additional elements whicli have been incorporated into the code amendment and allow additional time for staff to finalize documents For the public hearing. Respectfully suUmitted, ~~~ ~~s~ Principal Planner ices Manager