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PC 2009/01/21~ 4 P~ AN E, ~ c~L ~ O O ~ 2 U Y Y~~'Li Y//~ ~ , D~~ e~ av, a a r 1, Council Chamber, City Mall 200 South Anaheim Boulevard Anaheim, California • Chairman: Joseph Karaki • Chairman Pro-Tempore: Panky Romero ~ • Commissioners: Peter Agarwal, Kelly Buffa, Gail Eastman, Stephen Faessel, Victoria Ramirez • Cal! 1°0 ~rder • Prelirnanary Plara Reviee~ 1:30 P.M. • Staff update to Cornmission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the January 21, 2009 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 and submit it to the secretary. Anv writinqs or documenfs provided to a mJority of the Planninp Commission re ac~rdinc~any item on this agenda (other than writinps legallv exempt from public disclosure) will be made available for public inspection in the Plannin~Department located at CitV Hall, 200 S. Anaheim Boulevard, Anaheim, California, during reqular business hours. • Recess 1'o Public Heari~ag • Reconv~ne ~~ Pubiic Flearing 2:30 P.M. • Pledge Of Allegiance • Public Comrnents • Consent C~6endar • Public Flearing @tems • Comrnission Upclates: • Discussion: • AdJournment You may leave a message for the Planning Commission using the following e-mail address: el,anninqcommission@anaheim.nef H:\Reports\Planning Commissiont2009 PC Meetings\(012109).doc Anaheicn Planning Comrnission Agencla - 2:30 P.M. Pub6ic Cornrr~ents: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calerod~r: The item on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of this item prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Munutes BTE NO. 1 A Receiving and approving the ~/linutes from the Planning ~~ Commission Meeting of January 5, 2009. NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. Request for Continuance to February 2, 2009 01 /21 /09 Page 2 af 14 Publsc Fle~rina Items: ITE~ NO. 2 COIVDII'10 AL USE PERM11' tVO. 200~-05332 Resolaation No. Owner: The Presbytery of Los Angeles 25801IVest Orange Avenue . Anaheim, CA 92804 AppOicant: Kristin Galardo Omnipoint Communications Imperial Promenade, Suite 11 Santa Ana, CA 92707 Location: 2580 ~lest Or~~qe Avenue: This properky is approxirnately 2.64 acres, having a frontage of 23 feet on the south side of Orange Avenue~~ _, and 430 feet on the east side of Magnolia Avenue at the southeast corner of Orange Avenue and Magnolia Avenue. Request to permit a telecommunications facility disguised Project Planner: as church tower with a height of 40 feet and 3 inches where Kimberly Wong Code permits a height of 30 feet. kwonq2@anaheim.net Environmental Determination: A Negative Declaration has been prepared which evaluates the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). 01/21/09 Page 3 of 14 Il'EM NO. 3 A~NDMENI" TO CONDII°IONAL l1SE PE~ IT NO. 20~6-05079 (1'RACKING O. Ci1P200~-053~~) Owraer: Cheryl and Idelfonso Marquez 26012 Marguerite Parkway, Suite H Mission Viejo, CA 92692 Applicant: Idelfonso ~/larquez 1835 South Lewis Street Anaheim, CA 92805 Loc~tion: 1~35 ~osath Lewis Street: This property is approximately 0.5-acre, having a frontage of 117 feet on the west side of Lewis Street approximately 517 feet south of the centerline of Katella Avenue. - Request to amend a previously-approved permit for a mortuary (for cremation and embalming of human remains) to also allow the cremation of animal remains. Environmental Determination: A Negative Declaration, which was previously prepared and approved, evaluates the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Resolution No. Project Planner; Kimberly Wong kwong2 @anaheim.net 01 /21 /09 Page 4 of 14 ITEM NO. 4 CO~DITIONAL USE PER IT NO. 200~-05359 AND REQtJESI' FOR DETERMlNATION OF PU LIC CONVENIENCE OR NECESSI NO. 20~~-0004~ Resolution No. Resolution No. Owner and , Applocant: Kum Hee Kim and Yong Sub Kim Thomas Liquor ` 1000 West Lincoln Avenue Anaheim, CA 92805 Locatione 1000 ~lest Lincoln Avenue: This property is approximately 0.26 acre, having a frontage of 107 feet on the south side of Lincoln Avenue ~ and 84 feet on the west side of Illinois Street at the southwest corner of Lincoln Avenue and Illinois Street. - Request to authorize the exchange and upgrade of the ABC Project Planner.~ license for an existing legal nonconforming convenience De/la Herrick dnerrick@anaheim.net market frorn a Type 20 (off-sale beer and wine) license to a Type 21 (off-sale General) license. Environmental Determination: The proposed action is ~ Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). 01 /21 /09 Page 5 of 14 r~~ ~o. ~ COIVD~TIO L USE PERMiT NO. 200~-05375 AND REQlJES1' FOR DETERMIfVATIOIV OF Pl1~LIC CONVENiENCE OR NECESSII'Y ~O. PCN200~-00053 Resolution No. Reso6utio~ No. Owner: Purple Penumbra, LLC 1 Mauchly Irvine, CA 92618 App9icant: Silvia Rodriguez Camino Real Market 899 South State College Boulevard Anaheim, CA 92805 Location: ~55 South State Colleqe ~oulevard: This ~ property is approximately 0.48 acre, having a frontage of 142 feet on the west side of Stat~ ~ College Boulevard and 167 feet on the north ~ side of Morava Avenue, at the northwest corner of State College Boulevard and Morava Avenue. Request to authorize the sales of beer and wine for off- ProjectP~anner.~ prernises consumption in an existing legal nonconforrning Della Herrick COI1V8nIe11Ce 111at'ket (Car"Yt1110 Real fVlat"ket~. dherrick@anaheim.net Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). 01/21/09 Page 6 of 14 ~~'EM NO. 6 RECLASSIF6C~T60N NO. 200~-00224 AND Reso@ution iVo. CONDITIONAL USE PERMII' NO. 200~-053~3 eso6ution No. Owner: David Seidner ~ 375 Bristol Street, Suite 50 Costa Mesa, CA 92626 Applicant: Phillip Schwartze 31872 San Juan Creek Circle San Juan Capistrano, CA 92675 Location: 1735-1739 West Liroco9rt Avenue: This ~ property is approximately 0.88 acre, having a frontage of 129 feet on the north side of West Lincoln Avenue, approximately 120 ~~ , feet west of the centerline of Euclid Way. Request to reclassify the subject property from the Project P~anner.~ Transition (T) Zone to the Industrial (I) Zone and to Scott Koehm skoehm@anaheim.net permit a recycling processing facility. Environmental Determination: A Negative Declaration has been prepared which evaluates the potential environmental impacts of this project in accordance with the provisions of the Catifornia Environmental Quality Act (CEQA). 01/21/09 Page 7 of 14 i~~n~ ~o. 7 CONDITiONAL IJSE PER Il' fVO. 200~-05363 Resolution No. ~iITH A SEl'~ACK 0/ARIANCE Owner: Kwan-Eui Song 14145 San Antonio Drive Norvualk, CA 90650 Applicant: Byung Y Sonn Metro A&E 2215 Venice Boulevard Los Angeles, CA 90006 Location; 2623 West Lincoln Avenue: This property is approximately 0.4 acre, having a frontage of 98 feet on the north side of Lincoln Avenue - and 176 feet on the west side of New Life Way ~ (private street). Request to expand an existing single-tenant retail building Project P~anner: to permit a total of three units including an auto sound E~aine system sales and installation business with a smaller vnorwoodCanaheim.net setback than required by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines C1ass 1 (Existing Facilities). 01/21/09 Page 8 of 14 ITEM NO. ~ REINSTA7'EMENI" D A ENDMEf~T OF' CONDITIONAL i1SE PER Il' iVO. 360~ (l'RACKING NO. CUP200~-05376) Owner: Cindi Galfin PNM Properties, LLC 1301 East Orangewood Avenue Anaheim, CA 92805 Applicant: Cindi Galfin Pick Your Part Auto Recycling 1235 South Beach Boulevard Anaheim, CA 92804 LocatAOn: i235 Soaath ~each ~oulev~rcl: This property is approximately 4.6 acres with a frontage of 325 feet on the west side of Beach Boulevard, a maximum depth of 603 feet, and located approximately 330 feet south of the centerline of Ball Road (Pick Your Part). Request to reinstate a previously-approved conditional use permit for an automobile recycling, dismantling, and sales facility and to amend the permit to remove the time limitation. Environmental Determination: Environmental Impact Report No. 312, which was previously certified, evaluates the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). - ResoEtatior~ No. Project Planner.~ David See dseeQanaheim.net 01 /21 /09 Page 9 of 14 ~~"EM ~O. 9 ZONING CODE A~END ENT fVO. 200~-00066 Applicant: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Locafion; Cit~ide This is a request initiated by the City of Anaheim Planning Department to amend Chapter 18.04 (Single Family Residential Zones) of the Anaheim Municipal Code related to the permitted height of non-habitable accessory structures; and, to amend Chapters 18.38 (Supplementa~ Use Regulations), 18.44 (Signs), 18.62 (Administrative Reviews) and 18.20 (Platinum Triangle Mixed Use Overlay Zone) of the Anaheim Municipal Code related to temporary residential banner and future establishment sign provisions, including the creation of new wayfinding signage standards and procedures for residential developments within The Platinum Triangle. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities) and 3(New Construction or Conversion af Small Structures). Motion Reco~rv~erad0ng. City Coa~~ocil Approval Project Planner.• Vanessa Norwood vnorwood C~'?anahe~m.net 01 /21 /09 Page 10 of 14 ITEM O. 10 ZO~ING CODE AMENDMEGVT NO. 200~-00076 ' Request for Continu~nce to February 2, 2009 Applica~#: Planning Department City of Anaheim 200 South Anaheim Boulevard , Anaheim, CA 92805 ' Location: Cit~nride This is a request initiated by the City of Anaheim Project P/anner. Planning Department to amend Chapters 18.08 Vanessa Norwood (Commercial Zones), 18.10 {Industrial Zone) and 18.38. vnorwood@anaheim.net (Supplemental Use Regulations) of the Anaheim Municipal Code to eliminate "Automotive - Car Sales, Retail or Wholesale - Office Use Only" as a specific land~~ , use category. ~ Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation under Section 21080, Public Resources Code. 01 /21 /09 Page 11 of 14 ITE~ NO. 11 REVO~ATION OF CO~DiI'IONAL USE PERMII' NO. 1063 (TRACKENf~ NO. C"11P200~-054001 Ownere Charles McNees 11211 Orange Park Avenue Orange, CA 92869 - ~pplica~t; City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: 1721 South Manchester Avenue: This property is located at the southeast corner of Manchester Avenue and Anaheim Boulevard and is approximately 4 acres, with a frontage of approximately 561 feet on the south side of Manchester Avenue, 667 feet on the east side of Anaheim Boulevard and 154 feet on the north side of Katella Avenue (formerly occupied by "The Boogie"). This is a City-initiated request to revoke Conditional Use Permit No. 1063 (to permit a hall for variety shows, lectures, meetings, dances, etc., with on-sale liquor beverages in an existing structure). Environmental Determination: The proposed action is Categorically Exempt (Class 21; Enforcement Actions by Regulatory ,4gencies) from the requirement to prepare additional environmental documentation under Section 21084 of the Public Resources Code. ResoGution No. Project Planner: Susan Kim skim @anaheim.net A~E~ourn to Monday, ~ebruary 2, 2009 at 1:30 P.M. for rel~rnen~ry Plan evie~r 01/21/09 Page 12 of 14 c~~~i~ic~~~o~ o~ ~os~ri~~ I hereby certify that a complete copy of this agenda was posted at: 12:00 p.m. January 14, 2009 (TI1~E) (DATE) LOCATIO(V: COUIVCIL CHAMBER DI Y CASE AND COUNCIL DISPLAY KIOSK SIGfVED: ~-°l 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 PLANNI~IG 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 IV~aps 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. P,NAHEIM 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. fVotification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision infor~ation is av~ilable 24 hours a day by calling ;the ~lannang Depa~trner~t's Autornated Te6ephone Systern at (714) 765-5139. 01/21I09 Page 13 of 14 SC L 2 09 February 2 February 18 (Wed) March 2 March 16 March 30 April 13 April 27 May 11 May 27 (V1/ed) ._ June 8 June 22 July 8 (V1/ed) July 20 August 3 August 17 ,4ugust 31 September 14 September 28 October 12 October 26 November 9 November 23 (cancelled) December 7 December 21 (cancelled) 01/21/09 Page 14 of 14 January 21, 2009 Subject Property Conditional lJse 6'errr~it No. 200~-05332 2580 West Orange Avenue W. ~.. rm° e~ e ~ ~~rr~ A m ~ I ~ r.. , . 10677 o so ioo Aerial Photo: ~et Julv 2006 _ W N Q Q ~ W ~ Q p U J r N Q O ~.~ ~ ~ ¢ ° z ~ T ~ ¢ --{ ~-- 233 GG OFFICE GG ~ BLDG. MINIMART ~ = w S ~ NW Q . NQ ... :,' , T ~ , ~ ~ ~ ~~~ ~-w SHOPPING _ CUP 2p08 05332~ "~ p Y ~ CENTER ~ CUP 2749 VAR~'829~ °.. ~~~ ; RS-2 ST. PAUL : 1 DU EAC H PRESBY,T~RIAN " ~ ~ ` :CHURCH WESTHAVEN DR ° x N Q w ~ ~~ o w r ~ O ~ z Y RS-2 1 DU ~EACH RS-2 1 DU EACH T 1 DU EACH _ N U Q ci~ w ~ ~ T 0 •- 1 DU EACH 1 DU EACH T 1 DU EACH T MAGNOLIA ACRES APARTMENTS 40 DU RM-3 1 DU MAGNOLIA POINT APARTMENTS 16 DU ~ ~ RS-2 1 DU EACH ~ RS-2 ~ 1 DU EACH ROVEN AVE _ , RS-2 N Q ci~ w 1 DU EACH ~ ~ RS-2 T 1 DU EACH . ^ _ c~ ~ ~w Z ~p Q C7 - RM-3 THE EVERGREENS APARTMENTS 24 DU RM-3 ATRIUM GARDEN APARTMENTS RS-2 51 DU ~ ~ w ~ J CLEARBROOKLN w RM-3 ~ STANFORD APARTMENTS = 14 DU N Q RS-2 RM-3 ~ ~ 1 DU EAC H VILLA CAPRI ° APARTMENTS -29DU KEYS W NORMANDY VILLAS APARTMENTS T RM-3 18 DU T 1 DU o so ioo Fee[ January 21, 2009 Subject Property ~ Conditional Use Permit No. 2008-05332 ~ 2580 West Orange Avenue 10677 I'TE NOo 2 PI. NING CO ISSION AGE r~ City of Anaheim PI~ANI~TIIVCJ I~EP T'1VIENT IDATE: JAI~TiTAISY 21, 2009 I+'1ZO1VI: PI,r~N1~TII~TG SEIZVICES Mr~NAGER I~IBEI~I.,Y VVOl~TG, PI~OJECT' PI,AI~NEIZ SU~.T~CT: COlo1DIT'IOl~TAI. USE PE IT I~TO. 2008-05332 LOCAT'IOl~t: 2580 West Orange Avenue APPLICANT/PROPERT'~' OWNER: The applicant is Kristin Galardo of Omnipoint Communications and the property owner is The Presbytery of Los Angeles. OgJES'I': The applicant requests approval to construct a 40-foot, 3-inch tall telecommunications facility designed as a church tower. COIVIMEI~Ti)E1'TION: Staff recommends the Planning Commission adopt the attached resolution determining that a Negative Declaration is the appropriate environrnental documentation for this request and approving Conditional Use Permit No. 2008-05332. BACKGItO : The 2.64-acre property is currently developed with St. Paul's Church. The property is located in the Transition (T) Zone. The General Plan designates this property and properties in all directions for Low Medium Density Residential land uses. 1'ROPOSAL: The applicant requests to construct a 40-foot, 3-inch tall (where 30 feet is permitted) telecommunications facility designed as a church tower. The equipment for the facility would be located inside of the structure. The new building would be located at the center of the property, in front of the church. Please refer to the attached sun~mary chart for project details. A1~ALYSIS: Stealth telecornmunications facilities are permitted within the Transition Zone subject to an adrninistrative approval of a Telecorrununications Antenna Review Perrnit. A stealth facility is one that is designed to mirumize vzsual impacts by disguising the facility to appear as a natural object or part of a structure while visually blending into the surrounding environment. 200 S. Anaheim Bivd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 - www.anaheim.net CONDITIONAL USE PERMIT NO. 2008-05332 January 21, 2009 Page 2 of 2 The maximum permitted height for telecommunications facilities in the Transition Zone is 30 ° feet. The Code states that taller telecommunications facilities may be approved as part of a conditional use permit. Heights for telecommunications facilities range between 40 to 75`feet ta1L The facility would be located approximately 135 to 159 feet from Orange and Magnolia Avenues and 97 feet from the residential buildings to the east. These distances minimize the visibility of the proposed structure. The facility would match the architectural style of the church using similar materials and colors. Since the facility would be concealed in a structure, with a large distance from surrounding streets and adjacent sensitive land uses, the facility would not significantly impact the visual character of the area. - C01~1CI.iTSIO1~T: Staff has evaluated the proposal to permit a telecommunications facility that exceeds Code height requirements. The proposed building disguises the facility as a_church . tower which is architecturally integrated with the church. Staff recommends approval of this request. Respectfully submitted, ~ ~ ~, ~~~~~- Principal Planner Attachments: 1. Project Stumilary 2. Draft Resolution Con urred by, P ing Services Manager The following attachments were pravided to the Planning Commission and are available for public review at the Planning Services Division at City HaIL " 3. Exhibits (Site Plan, Enlarged Site Plan, Elevations) 4. Photo-simulations <H~~~~ . .~1\~ 1\~9 I ~~~V u'~~1+ S~ V 1.11Y1~~ 1 .,.:..~ .:.-__.... COI~tI)I'I'IOI~AI, USE PE IT 1~T0. 200~-05332 1)eVelo anent Standard Pro '`osed Pro'ect ~' Zone Standards Site Area 2.64 acre N/A Building Setbacks Adjacent to: Feet Orange Avenue 159.75 25 Magnolia Avenue 135.5 10 East Property Line 97 10 [ FT] ATTr~C ~TT NO. 2 RESOLUTION NO. PC2009-*** A RESOLUTION OF THE ANAHEIIVI PLANNING CONIMISSION APPROVING A NEGATNE DECLARATION AND APPROVING COIVDITIONAL USE PERMIT NO. 2008-05332 (2580 WEST ORANGE AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Perrnit No. 2008-05332 to construct a 40 foot 3 inch tall telecommunications facility designed as a church tower on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the property proposed for a telecommunications facility is developed with St. Paul's Church located in the Transition {T) zone, and the Anaheim General Plan designates this property for Low Medium Density Residential land uses; and -' - WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 2009, 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 far and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the request to canstruct a telecommunications facility designed as a church tower with a height of 40 feet and 3 inches where 30 feet is pernutted in the Transition (T) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.38.060.050.0511 {Antennas - Telecommunications). 2. That the height of the telecommunications facility would not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the facility would be located 135 to 159 feet from Orange and Magnolia Avenues and 97 feet from residential uses to the east. 3. That the size and shape of the site is adequate to allow the ~ull development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the telecommunications facility is an unrnanned facility. 4. That the traffic generated by the telecommunications facility would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate parking is provided on-site. -1- PC2009-~"* * 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *'~~* indicated their presence at said public hearing in oppositian; and that *** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Cornrnission has reviewed the proposal and does hereby find that a Negative Declaration in ~ connection with Conditional Use Permit No. 2008-05332 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE I I' RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove specified does hereby approve Conditional Use Permit No. 2008-05332 subject to conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which conditions 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 FLTRTHER RESOLVED that this permit is approved without limitations on the duration of the use. Amendments, rnodifications and revocations of this perrnit may be processed in accordance with Chapters 18.60.190 (Amendment of Pearmit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Cocie. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the condztions 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, shal~ be deemed null and void. BE IT F'LTRTHER RESOLVED that the applicant is responsible for paying all charges re~ated to the processing of thzs discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission rneeting of Jant~ary 21, 2009. 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. CHAIl2MAN, ANAHEIM PLANNING COMMISSION -2- PC2009-*x* AT°I'EST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUIVTY OF ORANGE ) ss. n CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of tk~e Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 21, 2009, by the following vote of the members t`~ereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIpNERS: IN WITNESS WHEREOF, I have hereunto set my haz~d this day of , 2009. SENIOR SECRETARY, ANAHEINI PLANNING COMMISSION -3- PC2009-**x ~XI~II~IT 66~99 CONY)ITI0~IAL iJSE PE IT NO. 200~-05332 ~ ~ v ~ ~ C C G z LL Y ~ ~ w ~ O ~ z w ~ U su ~~~~ ~~ Fe~.t ° w > Q Q J O Z C~ 4 ~ ROVEN AVE ~ ~ z d ~ -4- PC2009-**~" ORANGE AVE E~TW3TDT~ 66D99 1~~8~1~g aD C0~1I)ITIONAL I1S~ PE IT 1~T0. 200~-05332 ~SPONSI~LE FOR NO. CONl)ITIO~1~ O~ APPROi1AI., 1VIONITORII~TG I'~Zl~lt TO I~~~l~l~~'~ ~~ ~IlI~lIV~ ~ERlt~ff~' 1 That the proposed church tower shall be limited to a Planning maximum height of forty feet and three inches. The structure shall be of consistent colors and materials as the church. Said information shall be specifically shown on plans submitted for building permits. That the antennas and equipment cabling shall not be visible to public view. All equipment cabling shall be routed inside 2 of the structure and shall be underground. Said ir~formation Planning shal~ be specificaily shown on plans submitted for building perrnits. 3 That any required relocation of City electrical facilities shall Public Utilities - be at the applicant's expense. Electrical GEIVEIZ~4L C'~RZT3I~IflNS 4 That the subject property shall be developed substantially in Planning accordance with plans and speci~cations subrnitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1(Site Plan), 2(Enlarged Site Plan) and 3(Elevations), and as conditioned herein. 5 That approval of this application constitutes approval of the Planning proposed request only to the extent that it cornplies with the Anaheim Municipal Zoning Code and any other_applicable City, State and Federal regulations. Approval does r~ot include any action or findings as to campliance or approval of the rec~uest regarding any other applicable ordinance, regulation or requirement. 6 That extensions for further time to complete conditions of Planning the proposed request may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 7 That timi~g for compliance with conditions of approval may Planning be amended by the Planning Director upon a showing of ' good cause provided (i) equivalent timing is establisl~ed that satisfies the original intent and purpose of the condition(s), (iij the modification complies with the Anaheim Municipal Code and {iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -S- PC2009-*'"* Item No. 3 O-L (PTMU) KATELL~LEWIS CENTER KATELLA AVENUE I(PTMU) i~r i iviu~ ~(PTMU) VACANT VACANT WHOLESALE I {PTMU) I PTMU TILE o ~ ) STORE I (PTMU) FRITZ SPORTS r ~ BAR ~ ~MU) ~ENTER J (PTMU) ~ ~ I (PTMU) ~ I (PTMU) J w I{PTMU) IND. FIRMS ~ Q W'~ \ACANT ~ o ¢ ~' ~"- 209 ' Z m W o i(PTMU) I (PTMU) T-CUP 2008-05388 CUP 2006-05079 CUP 585 VAR 2441 ,. IND. FIRM ~ • o so ioo Feet I (PTMU) IND. FIRM ~ ~ I (PTMU) = IND. FIRMS ~ I-- W W ~ ~ ~ / - ~ ~ VACANT a=p ¢ay~ w ~ 2 p ~ w ~ °o~o ~ . C ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE. January 21, 2009 Subject Property Conditional Use Permit No. 2006-05079 (Tracking No. CUP2008-05388) 1835 South Lewis Street C E. I (PTMU) TRAILER RENTAL 10678 ~ I'I'E N .3 PLANNING CO IS~ION AG~ A City of Anaheim PLAIV~TIIVG DEPAR'T~IEI~TT ~ I)ATE: JAI~tUARY 21, 2009 FROlVI: PLAI~NII~1G SEI2VICES iVIANAGER li'EJ7~ E V7~1\~TyllOoelL`l.l YLt11\l~d~`Y~ SiTBJECT: AIVIENI)MEl~1T TO CONI)ITIOl~TAI. USE PE I'T I~iO. 2006- 05079 (T CKII~TG 1~i0. CITP200~-053~8) LOCA'TION: 1835 South Lewis Street APPLICAN'I'/1'ROPERTI' OWNEIt: The applicant is Idelfonso Marquez and the property owners are Cheryl and Idelfonso Marquez. REQUEST: The applicant requests to amend a previously-approved conditional use permit for a mortuary for the crernation and embalming of human remains to include the crernation of animal remains. RECOMMENl)ATIOlei: Staff recommends the Planning Commission adopt the attached resolution, determining that a previously-approved Negative Declaration is the appropariate environmental documentation for this request and approving the amendment of Conditional Use Permit No. 2006-05079. BACKGROiTNi): The property is developed with an industrial building and is located in the I(Industrial) zone. The Anaheim General Plan designates this property and surrounding properties for Office-High land uses. This property is located within The Platinum Triangle. _ On July 11, 2006, the City Council approved Conditional Use Permit No. 2006- 05079 to permit a mortuary for the cremation and embalming of human remains. The permit includes the following condition of approval: 1. That this establishment shall be operated as a mortuary not open to the general public and limited to the cremation and embalming of human remains with accessory office uses and does not include witnessing of the process or services. 200 S. Anaheim 81vd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 ~ www.anaheim.net PROPOSAI,: The applicant requests a modification to ~ondition No. 1 of the previously-approved canditional use permit. The condition limits the business to only the cremation and embalming of human remains and the applicant would like to cremate dog and cat remains. The business has two furnaces for the cremation of AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05079 January 21, 2009 Page 2 of 2 human remains and the applicant proposes an additional furnace for animal remains. The cremation of animal and ~iuman remains would not occur in the same furnace or at the same time. The operational characteristics of the business would remain the same. Al~Ai~~'SIS: Staff contacted the Orange County Animal Care Services and South Coast Air Quality Management District (SCAQMD) to discuss the agency's regulations for animal cremation. There are no requirements with OC Animal Care Services. In regards to air quality, the business is required to obtain the appropriate permits to operate the facility. A condition of approval is proposed which would limit the cremation of animal remains to domesticated dogs and cats and not livestock or commercially raised animals. Since the business opened in 2007, the business has operated in conformance with the permit and conditions of approval. There have been no violations on the property and no changes to the General Plan and Zoning Code that would affect this project. ~ -• . CONCLUSION: Staff has evaluated the applicant's request to permit the cremation of animal remains. Since the requested amendment would not affect the operational characteristics of the business, staff recommends approval of the project. Respectfully submitted, ~~~~ ~~~~~~ Principal Planner Attachments: 1. Letter of Request 2. Draft Resolution Previous City Council Resolution (July 11, 2006) /Ianager The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 4. Previous Planning Commission Staff Report and Meeting Minutes 5. Previous City Council Staff Report and Meeting Minutes 6. Plans (Site, Floor and Roof Plans) Concurred by, 1~~~1~~ ~~~~ ~~. ~ October 30, 2008 City of Anaheim Planning Department 200 S. Anaheim Bivd., First Floor, Planning and Zoning Counter Anaheim, CA 92805 RE: CUP Amendment at 1835 S. Lewis St., Anaheim, CA 92805 To Whom It May Concern: This letter is a request to have our Conditional Use Perrnit amended to allow our business operations to include pet cremations. We would like to install another cremation furnace that would be used for pet cremations only. The cremation of animals and humans will never occur in the same furnace. There will continue to be no viewings. We intend to contract with veterinarians and veterinarian hospitals. Thank you for your time and consideration. Should you have any questions, please call me at 714.456.9118. Sincerely, ~`" Idelfonso Marquez, Jr. [ F'T] ATTAC E~1T NOe 2 RESOLUTION NO. PC2009-*:r* A RESOLUTION OF THE ANAHEIM PLAIVNING COMMISSION APPROVING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05079 AND AMEIVDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2006=172 (TRACKING NO. CUP2008-05388) (1835 SOUTH LEWIS STREET) WHEREAS, on July 11, 2006, the Anaheim City Council, adopted Resolution No. 2006- 172 granting Conditional Use Permit No. 2006-05079 to permit a mortuary (to cremate and embalm human remains) at 1835 South Lewis Street; and WHEREAS, this property is currently developed with a mortuary, the underlying zoning is Industrial (I) zone, Platinum Triangle Mixed Use (PTMU) Overlay and the Anaheim General Plan designates this property for Office High land uses; and ' - WHEREAS, the Anaheim City Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 2006-05079 (Tracking No. CUP2008-05388) to permit the cremation of animal remains pursuant to Code Section No, 18.60.190 of the Anaheim Municipal Code for certazn real property situated in the City of Anaheim County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed amendment and to investigate and rnake findings and recommendations in connection therewith; and WHEREAS, said Comrnission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed amendment to permit the cremation of animal remains in the Industrial (I) zone is properly one for which a conditional use permit is authorized by Anaheirn Municipal Code Section 18.10.030.040.0402 (Mortuaries). 2. That the proposed amendment to allow the cremation of animal remains would not adversely affect the adjacent land uses and the growth and developrnent of the area in which it is located because the site is sunounded by industrially-related businesses, is not adjacent to any commercial and residential uses and the facility that has no exterior advertisement, limited traffic for business operations, and no outdoor uses. ` 3. That the traffic generated by the crernation of animal remains would not increase the demand for parking as demonstrated by the parking study dated March 31, 2006 and the amendment - 1 - PC2009-*'F* would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area, since the business operations would remain the same. 4. That the granting of the amendment of the conditional use permit under the conditions imposed, if any, will not be detrirnental to the health and safety of the citizens of the City of Anaheim. 5. That **~` indicated their presence at said public hearing in opposition; and that **'~ correspondence was received in opposition to the subject petition. NOW, 'THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that a previously-approved Negative Declaration in connection with Conditional Use Permit No. 2006-05079 (Tracking No, CUF2008-05388) is adequate to serve as the required environmental documentation in connection with this request. ` BE IT FURTHER RESOLVED that the Anaheim City Planning Corrunission for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2006- 05079 to permit the cremation of animal remains pursuant to Code Section No. 18.60.190 af the Anaheim Municipal Code in conjunction with a previously-approved mortuary for the crernation and embalming of human remains in an existing industrial building. BE IT FURTHER RESOLVED that the Anaheim City Planning Corrunission does hereby amend, in their entirety, the conditions of approval in connection with City Council Resolution No. 2006-172, as adopted in connection with Conditianal Use Permit IVo. 2006-05079, to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions 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, except as expressly amended herein, the provisions of City Council Resolution No. 2006-172 shall remain in full force and effect. BE IT FLTRTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FLTRTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. - 2 - PC2009-**x THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 21, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheirn Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, AIVAHBIlVI 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 City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 21, 2009, 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 January, 2009. SENIOR SECRETARY, ANAHEIlVI PLANNING COMMISSIpN - 3 - PC2009-*** A~~T73TDAT 66 ,A 99 .H'~l~b&.lYDl,g t-~ r~ 1~T1) NT TO CONDITIONr~I. L1SE PE IT I~TO. 20~6-05079 (T C NG ~10. CiJP2~0~-053~~) ~~ ,0 10" Source: Recorded Tract Maps and/or City 615. ~~ Pleasa not6 the accuracy is +/- two to five feet. r~:<< - 4 - PC2,0~7-~'~~~ __ . _ _ . - _.... _ _.. _ __ ~ KATELLA AVENUE ~~TH3yDYT iL~99 1'~Aaa1Bx 1 . ~4 ~1I) I~TT TO C0~IDITIOI~AI~ iJSE PE IT NO. 2~~6-05079 _ (TItr~CI~II~1G I~tO. CiJP200~-0~3~~) SPO1~tSI~I.E FOI~ 1~0. C0~1I)~TIO~TS O~ r~I'I'1t0~1AI. ~IONITORII~G ~~1~`~ . ~. _ ,~ _ ~1V~~1`It~"C~~~'1 ~?f~~~~.~~~~' ~1-~~. . T'~~~U' , .. ; ~ : ` , 1. That this establishrnent shall be operated as a mortuary not open to Planning the general public and limited to the cremation and embalming of human remains and cremation of animal rernains with accessory ` office uses and does not include witnessing of the process or services. 2. That the cremation of animals shall not be conducted in the same Code Enforcement furnace as those for human beings, 3. That the crernation of animals shall be limited to domesticated dogs Code Enforcement and cats. Livestock and other commercially raised animals shall not be cremated at this facility. 4, That all doors serving the facility shall conform to the requirements Code Enfarcement of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, perrnitted deliveries, and in cases of emergency. 5. That there shall be no outdoor storage permitted on the premises. Code Enforcement 6. That the property shall be permanently maintained in an orderly Code Enforcement fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty- four {24) hours from tirne of occunence. 7. That all trash generated from this facility shall be properly Code Enforcement contained in trash bin(s) contained within the approved trash enclosure(s). The number af bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. 8. That signage for subject facility shall be prohibited. . Code Enforcement - 5 - PC2009-*~~' I~O. C0~1I)~TI0~1S O~ r~PPI20~1AI. S~ONS~~LE FOR . , _. 1VI0~1ITORII~IG 9. That the subject property shall be developed and operated Planning substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit No. 2, and Exhibit Nos. 1 and 3, site, floor/roof and equipment plans, and as conditioned herein. 10. That approval of this application constitutes approval of the proposed Planning request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to • compliance or approval of the request regarding any other applicable ordinance, regulation or rec~uirement. - 6 - PC2009-**~` ATTAC l~dEl~T NOe 3 RESOLUTIOI~I NO. 2006 - 172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2006-05079. WHEREAS, the City Planuing Comrnission of the City of Anaheim did receive an applic~~tion for a conditional use permit to per~nit a mortuary (to crernate and embalm llun~an ren~ains) in an existing ind~.istrial buxlcling upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST ~UARTER ~F SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHQ SAN JUAN CAJ~N DE SANTA ANA, AS SI-iOWN ON' A MAP THEREOF RECORDED [I~1 BOOK Sl, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE ~ COUNTY, DESCRIBED AS FOLLOWS: COMMENCII~IG AT THE NORTHEAST CORNER OF THE LAND DE5CRIBED` IN PARCEL 2 IN THE UEED TO JACK E. RILEY AND WIFE RECORDED SEPTEMBER 13, 1y56 IN BOOK 3642, PAGE 258, OFFICIAL RECORDS, SAiD CORNER BEING A POINT IN THE EAST L1NE OF SAID NORTHWEST QUARTER, 5(JUTHERLY THEREON 968.13 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION; THENCE NORTH 1° l6'' 4$" WEST, ALONG SAID EAST LINE, 336.50 TO THE TRUE POINT QF BEGINNTNG OF THE LAND HL~EIN DE5CRIBEll; THENCE CONTINUING NORTH l° 16' 48" WEST, ALONG SAID EAST LINE 116.50 FEE'P; THENCE SOUTH 88° 43` l2" WEST 231.77 :FEET TO TH~ EASTERLY LINE OF THE SOUTHERN PACIFIC RAlLROAD RIGHT OF WAY THENCE SOUTHERLY ALONG SAID EAST LINE 120.15 FEET TO A POINT WHICH BEARS SOUTH 88° 43' 12" WEST FROM THE TRUE POINT OF BEGINNTNG; THEI`~CE NORTH 88° 43' 12" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 88° 12' EAST 202.39 FEET TO THE TRUE POINT OF BEGINNING; anc~ WHERI;AS, the City P]anning Commission did hold a public hearing upon said ~ application at tl~e CiCy Hall~~in ll~e City~of~Anaheiin,~notices ~f which public hearing were ciuly ~~ ~ aiven as required by law and the provisions of Title 18, Chapter 18.60 af the Anaheim Municipal Code; ancl WHEREAS, saicl CoiY~mission; after due inspection, investigati~n and stuclies macle bv itself and in its behalf and after due consideration ~f all evidence aild reports ~ffered at said llearing, ciid adopt its Resolution No. PC2006-38 granting Cc~nditional Use Pern~it No. 2006- OS079; ai~d WHEREAS, thereafter, within tl~e time prescribed by law, an interested party ar the City Council, on its own moti~n, caused the review of saici Planning Commission action at a. duly noticecl public hearing; and WHEREAS, at the tiine and place fixecl for said public hearing, the City Council did duly hald airrl conduct such hearir~g and did give all persons interested therein an opportunity lo be heard anci dicl ceceive evidence and rep~rts; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the CityPla~~ning Coinmission and all evidence and reports offered at said he~ring, that; 1. That the proposed mortuary (to cremate and ernbalm human remains in an ~ ~ existing industrial building)~ ~use is~ ~roperly one~~ for wh~ich a conditional~ use permit is authorized ~ ~~ by Anaheim Municipal Code 5ection No. l 8.10.03~.04U.0402; arid _ 2; Tliat the proposeci morluary would not adversely affect the adjacent land uses and tl~e growt6 and development of the area in which it is located because tlle site zs surroundecl by industrially-related businesses, is not adjacent to any commercial and residential uses and the unique characteristics of the operation would result in a facility that has no exterior advertisement, limited traffic for business operations, and no outdoor uses; and 3. That the lraffic ~etlerated by the mortuary would not i~npose an undue burden upoil the streets and highways designed and improved to carry the traffic in the area. As deniai~strated by the parking stuciy dated March 31, 2006, the peak parking deinand would be 13 parking spaces, and the site plan indicates ~8 parking spaces provided; and 4. The grant~ng of the conditional irse pei7nit under the conditions imposed will not be detrirnental io the peace, health, safety and general welfare of the citizens of tlae City of Aliaheim, NOW, THEREFOI~E, BE IT RESOLVED bythe City Council of the City of Anaheim that, tor the reasons hereinal~ove stated, the action of the City Planning Commissio~l granting Said conditianal use permit be, and the same is hereby, affirmed and that Conditional Use Permit 1~10. 2006-OSQ79 be, anci the satne is hereby, granted permitfing a mortuary (to cremate and embalm lluman remains) in an existing inclustrial building on the hereinabove described real property, subject to the following conditions: 1. That this establishment shall be operated as a mortuary not open to the general public and linlited c~ the cremation and embalnling of hun~an rernains with accessoiy office uses and does not i~iclude witnessing of the process ar services. If ar atly such time tl~e business is no longer operated as indicated herein, a ~letailed description of the p~~~osed business s17a11 be subtnitted for review by the City's Traffic ancl P~~rking Consultant ko determine if the new use would cause fewer off-street parking spaces to be providecl than the number of spaces 2 provided a~~-sit~. If it is delermined the expected demand is greater than the spaces provided on site, an applicak'ion for a variance shal] be subnutted to the Planning Services Division for co~lsideration by the Plantii~lg Cotnmission. 2: That all doors serving tl~e facility shall conform to the requirements of the Uniforr~l Fire Code and shall be kept closed at all times during the operation of the prenlises except for ingress/egress, permitled deliveries, and in cases of emei-gency. 3. That there shall be no outdoor storage permitted c~n the prem.ises. 4; Tl~at i~oof-mountecl ec~uiprnent shall be screened from view in accordat~ce with lhe requirements of Anaheim Municipal Code No. 18.3$.17Q pertaining tq roof-mo,~nted eguiprnent. Said information shal( be specifically shown on the plans submitted for building permits. 5. Th1t A~-foot high street address numbers shall be displayed an the raof of the building in a color t.hat eontrasts witl~ the roof material. The numbers shal] not be visible frorn th~ streets or adjacent properties. Said information shall be specifically shown ou plans submitteci for builcling permits. 6. That the existing chain link gate shall be replaced with a decor~tive wrougl~t iron gate ancl shall remain unlocked and open during business hours t~ provide vehiciilar and peclestrian acces5 to required on-site parking, That said gate shall not be installed in stich a m~nner that may adversely affect vellicular traffic on the adjacent public street. The installation of a new gake shall conform to the Engineering Standarci Plan No_ 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 7. That the driveway on Lewis Street shall be reconstructed xo accommodate a ten (10) foof radius curb returi~ in conformance with Engineering Department Standard No. 115. Saicl ii~l'o;•mati~n shall be specifically shown on plans submiCted for builcling permits. 8. That the properry shall be permanently maintain~d in an orderly fashion by the provision of regular landscaping mainten~nce, removal of trash or debris, axld removal of graffiti within twenty-four (24) l~ours from time of occurrence. 9. That all trash ge~~erated fi•am this facility shall be properly containecl in trash bin(s) contained within the approved trash enclosure(sj. The number of bins shall be aclequate and ~he trash pick-up si~all be as frequent as necessaiy to ensure the sailitary handling aild tiinely removal ~F refuse Fr~m the property. 10. That tra5h storage areas shall be refurbished to the satisfaGtion of the Public Warks Department, Streets ai7d Sanitntion Divisaoi~ to comply with approved plans on file with sai~i Depar~ment. 3 l l, That adequate lighting of parking lots, driveway, circulat~on areas, aisles, passageways, recesses and graunds contiguaus to buildings shall be pravided with lighting af sufficient wattage to ~rovide adequate illumination to make clearly visible the presence of any person on or ahout the prenuses during the hours of clarkness and provide a safe, secure . environmenk f~r all persons, property, a~nci vehicles on-site. Said lighting shall be decorative and cor~~pleiYlentary to the architecture oF the building. Sai~l infarmation shall be specifically shown oYa plans submitted for Police Departnient, Community Services Division approvaL 12. That signage for subject facility shall be prohibited. Any proposed signage shall be subject to approval by the Planning Commission as a Reports anci Recornmendatians itein. 13. That no required parking area shall re fenced or otherwise enclosed for outdoor storage uses. 14. Tha~ an on-site trash truck turn arouncl area shall be provided per . Engineerir~g Stanciai~cl Detail No. 476 and shown on plans as required by the Department of ~~ ~~ Public W~rks, Street Sweeping at~rl Sanitation Division. Said infoinlation~shall be specifically ~~~ show^ on plans subrnitted for builcling permits. T5. TlZat a Fire Ernerge~~cy Listing Card,Forrn APD-281, shall be campleted and subrnitleti to tile Police llepartment. The form is available at the Palice Department front counter. 16. That tl~e landseape plan shall indicate the acidition af three (3) Stenocarpus sinuatus, Firewall tree, in the 1lndscaped parkway along Lewis Street, one ( I) north of the ~~ ~ existing driveway and two ~(2) in fronC o~ the buiicling and fifteen ( l~5) feet from~ the utility pole. ~ In addition, the landscape plan shail indicate the adtlition of six (6) 24-inch bax sized trees within the front }andscaped setback along Lewis Street. Any decision inade by staff regardiiig said plans may be appealed to the Planr~ing Commission as a Reports and Recommendations item. Said il~fornration shall be specifically shown on plans submitted for building'permits. 17. That the property owner shall'submit a letter requesting termination of Variance No. 2441 (to waive (aj permitted outdoor uses and (b) required masa~try wall for screening outdoor use and erect chaln link fence a~~ound an outdoor industrial use and storage area) to the Zoning llivision. 18. That subject property shall be developed substantially in accordance with plans and speGificalions sub~nitted to the City of Anaheim by the petitioner and which plans`are on file with the Planning Department markeci Exhibit Nos. l, 2, anae3, and as conditioned herein. 19. That prior to issuarlce of a building permit, or prior to commencement of ~~ ~~ ~tl1e activity~authorized by this r~st~lution, or within one~ (1)~year~from the date of this~resolution ~ ~~ whichever occurs first, Conclition Nos. 4, 5, 6, 7, 11, 14, lb, and 17, above mentianed shall be 4 complied with. Extensians for further time to complete said conditions shall be ~ranted in accordatice with Section No. l 8.60.170 of the Anaheii~n Municipal Code. 20. That prior to final zonin~ and builcling inspecti~tls, Conditian No~. 10, l5 antl 18, abave-mentioned, sl~all be cornp~ied wit11. 21. That approval of this applrcation constitute5 approval of the proposeci ° request only to the extent that it complies with the Anahei~i~ Municipal Code and any other applicable City, State, ancl Federal' regulations. Approval does not include any actian ar findings as to c~mpliance or approval of the request regarding any other applic~ible ordinance, regulation o~• requirement. BE IT FURTHER RESOLVED thak ihe City Council does hereby finci and determine that adoptian of this Resolution is expressly preciicated upon applicant's con~pliance with each and all of the cotlditions hereinabove set forth. Should-any such conditionsx or anypart thereof, be cieclared invalid or unenforceable by the final jucigment of any court of competent~ ~~~ ~~~~~~~ juri~diction, then this Resol~ution, and any approvals ~herein contained,~ shall be tleerned null aild ~~ void. TH~ FOREGQING RESOLUTION is approved ancl adopted by the City Cauncil ~f the City of Anaheim this l lth day of July , 2006, by the following roll ca11 vote: AYES: Mayor Pringle, Council I~Iembers Hernandez, Galloway, Chavez NOES: Gouncil Member Sidhu ABSENT: None ABSTA:II~t: None CITY ANAHE By -- MAYOR OF THE CIT OF ANAHEIM A'~'TE : = ITY CLERK OF THE CITY OF ANAHEIM 62502.1 5 Item No. 4 ~ ~ ~ ~ 1 ~~ ~ ~ G,G N p . s ~ O n -o m O ~ EPGN N ~r 1~ R S~ R~~~ GE~~ ~ _ G-G ,.nRWP ~ ~ ~ _ Z < 3 ui 1000 1iVest Lincoln Avenue 10679 IT'E 1~00 4 PI~ ING CO ISSI l~ AGEN ~ 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim 1'I~A1~INII~TC"a I~El'A T EIVT DATE: .TAl~TiJAI2Y 21, 2009 I~'1~ONi: PLAI~TNIl~1G SERVICES 1VIANAGER L~LLA lEL' l.~y Y dO~JL~~ ~d~t11\1\L` L`- SiTB.TEC'I': C01~1DITIOl~TAI, USE PE IT 1~10. 2008-05359 P~J~I,IC CO l~TIE1~CE OR l~TECESSI'TY 1~T0. 2008-0004~ LOCATIOl~: 1000 West Lincoln Avenue APPL,ICAI~TT/1'ROPERT'Y 0~6'NEIt: The applicant and owners are Kum Hee ~ Kim and Yong Sub Kirn. I~Q~JESZ': The applicant requests approval of a Conditional Use Permit and a Determination of Public Convenience or Necessity to authorize the exchange and upgrade of the existing Type 20 (off-sale beer and wine) license to a Type 21 (off- sale general) license for an existing legal nonconforming convenience market. RECONYMENDATION: Staff recommends the Planning Commission adopt the attached resolutions, approving a Categorical Exemption Class 1, Conditional Use Permit No. 2008-05359, and a Request for a Determination of Public Convenience or Necessity No. 2008-00048. ~ACKGI~OUNI): This property is developed with an existing 2,400 square foot building and is located in the General Commercial (GG) zone. The Anaheim General Plan designates this property and the properties to the north, east and west for Mixed Use land uses and the properties to the south for Low Medium Residential land uses. PROPOSAL: The convenience market currently holds a Type 20 ABC license which perrnits the sales of beer and wine only. The applicant would like to exchange and upgrade the ABC license to a Type 21 ABC license to sell beer, wine and distilled spirits. No changes to the building or parking lot are proposed. The distilled spirits will be displayed behind the cashier and the beer and wine will continue to be displayed in coolers. The owner will continue to maintain a convenience store where customers will be able to purch,ase everyday necessities such as packaged food products and cold beverages. A1~IALYSIS: The Business and Professions Code provides that ABC staff shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue CONDITIONAI, USE PERMIT NO. 2008-05359 January 21, 2009 Page 2 of 2 concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license. The Anaheim Police Department has indicated that this properiy is located within Reportzng District 1723, which has a cr~me rate of 6 percent above the City average. This property is also located within Census Tract No. 872.00 which has a population of 7,371. This census tract allows for three off-sale licenses and there are currently two licenses in the tract. State law requires a determination of public convenience or necessity when an alcoholic beverage license is requested for a property located in a police reporting district with a crime rate above the City average or when there is an over concentration in the number of licenses within a Census Tract. Since the property is located in a district with a crime rate above the City average, a - determination of public convenience or necessity is required for this request. The Police Department is recommending approval of the upgrade'of this license subje~t to the: condition that the sale of singles of beer and wine as currently allowed would not be permitted. This requirement has been included in the conditions of approval. The applicant has been informed of this requirement by both Police and Planning staff. COl~TCLUSION: Staff believes that with the conditions of approval relating to restrictions on alcoholic beverage packaging, displays, signage, praperty maintenance and on-site consumption, the requested license exchange and upgrade would not be detrimental to the area. Therefore, staff recommends approval of the project. Respectfully submitted, ~~ L ~hns~-- ~ Principal Planner Manager Attachments: 1. Letter of Operation 2. Draft Conditional Use Permit Resolution 3. Draft Public Convenience or Necessity Permit Resolution 4. Police Department Memorandum 5. Police Reporting District Map 6. On-Sale ABC License Map 7. Off-Sale ABC License Map Concurred by, The following attachment was provided to the Planning Comtnission~~and is available for public review at the Planning Services Division at City Hall. 8. Site Floor Plans and Photos ~~~~~~~~+ ~~ ~~. ~ Justification for Public Convenience or Necessit~r Angust O 1-2t~08 Thomas L~quor 1004 '~V. Lincoln Avenue Anaheim CA.; 92EQS A'C'~'1~: City of Anaheim Zoning Adrr~iilistration/Plaizning I~epartment Dear Szr/Nladaxn, Thomas Liquar ai 1000 '9~7. Lincoln Avenue has been i~n business since 1992 a.ud has strived to be ar~ upstanding mexnber of ihe business communiiy. We are currenfily in the process of applyin~ fox a Condi~~ionai Use Perznit ta upgrade our cu,r~ent ABC lice~se frflm a'I'ype 24 Beer and W~ne licease to a Type ~ 1 fi~il line license. '~A~e helieve that thi~ upgrade will serve the Pub3ic co~venience or nacessity ~'or the community at large. Wi#hin our cens~as ttact (Q872) theze as only on~ a~er off sale lic~nse. Five off sale licenses are allowed according to statistics from the California l3epartment of Alco~olic Beverage Control. .P~lso, ~.ccording to stats fr~m ~BC, we are in a low criame district.l~s you can see, o~x locatian is neither o~ver concentrated or high crime. We do nat antzcipate a lar;~ ia~cxease in tra~£'a.c to a~ur lo~atio~. due to the upgxade of our license, We a.~e rrierely irying tc~ is~crease t~e selection mf items of~ered t~ o~ eon~munit~. There is a high school close tfl aur location b~xt we seldo~ get ~oung patco~s bu~in~ anything c~#he~ than an occ~sional soda. We diligently check id~ntification to waxd off any image fihat ru~ are ~ot cautious zn u~hom we se1~ ~a Our ~us~~ess is alcohcs~ based bu~ vve a1sQ ca~ry a large selection of daily food ~ecessities far oair ciients. There is not an overabundan.ce of close by pr~m~ses tl~at Qur pat~'or~s cax~. go to fox t~iiese itez~as within walking clista~ce for thase who carulot drive. Il~Iany times ~Satrons in our community ask ' fo~ aicohol that we ca~ot carry due ta our current licer~se. ~'his applicatian is nc~t eaming _. _. at a srrnall ex~ense-to us• We ar~-applY~r~g ft~r th~s upgY'ade laa~~ely for the sak~ c~f our .._ ......_ .. community wha is asking for these items because they ha~re ~owhere else to ~;et them without transp4rtatio~. , ~ r ~ /~ ~ ~~ ~ u~' K' Kum H[ee zm ~ O ners Thomas Liquaxs [ FT] ATTAC' ~T NO. 2 RESOLUTION NO. PC2009-~"** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1(EXISTIIVG FACIL~TI~S), AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05359 (1000 West Lincoln Avenue) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008-OS359 to exchange and upgrade the ABC license for an existing legal non-conforming convenience market from a Type 20 license to a Type 21 license for certain rea~ property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, this property is currently developed with a convenience rnarket within the General Commercial (GG) zone, and the Anaheim General Plan designates this property'for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Cornmission, after due inspection, investigation and study made by itself and in its beha~f, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts. l. That the request to permit the sales of beer, wine and distilled spirits (Type 21 license) in canjunction with an existing convenience market in the General Commercial (C-G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section ~ 8.08.030.010 (Alcoholic Beverage Sa1es - Off-Sale). 2. That the proposed beer, wine and distilled spirits sales would not adversely af~ect the adjoining commercial and residential land uses and the growth and development of the area in which it is proposed to be located because all business activities would remain inside the building. 3. That the size and shape of the site for the existing convenience market is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because all sales and operations would remain inside the building. . 4. That the traffic generated by the convenience market would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the convenience market is consistent with the types of commercial uses along Lincoln Avenue. - 1 - PC2009-*** 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citzzens of the City of Anaheim. 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, Section 15301, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2008-05359 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated herein 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 safety and general welfare of the Citizens of the City of Anaheim. ._ BE IT FLJRTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deerned null and void. BE IT FLTRTHER RESOLVED that the applicant is responsible for paying all charges re~ated to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. - THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 21, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim 1Vlunicipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION A'I°TEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 2 - PC2009-*a:* STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIIVI ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resohition was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 21, 2009, by the following vote of the rnembers thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of January, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-*** A~~~THBF~BT 66~99 r 1,lAg B 1 CONDITIONr~L iJSE PE IT ~TO. 200~-~5359 - 4 - PC2009-*** ~~ffi11~91 1 66~99 CO~I~IONA~., iJSE PE T I~Oo 200~-05359 ~SPONS~LE FOR I~iO. CONI~iTIO~1S O~ APPI~OVr~L 1VIOI~IITOIaING fFE1~E' ~ That no alcoholic beverages shall be displayed outside of the police/Code 1 building or within five (5) feet of any public entrance to the Enforcement building. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police%Code . 2 Interior displays of alcoholic beverages or signs which are Enforcement clearly visible to the exterior shall constitute a violation of this condition. That the area of alcoholic beverage displays shall not exceed Police/Code 3 25% of the total display area in a buzlding. Enforcement That the sales of alcoholic beverages shall be made to Police/Code 4 customers only when the customer is in the buildzng. Enforcement That no person under 21 years of age shall sell or be permitted police/Code 5 to sell alcohol without someone 21 years of age or older Enforcement present. That the sale of beer and malt beverages in quantities of quarts, 22 oz., 40 oz., or similar size containers is prohibited. -No beer Police/Code 6 or malt beverages shall be sold in quantities of less than six per Enforcement sale. That wine shall not be sold in bottles or containers smaller than police/Code 7 ' 750m1. and wine-coolers must be sold in manufacturer pre- Enforcement packaged multi-unit quantities. That the possession of alcoholic beverages in open containers police/Code 8 and the consumption of alcoholic beverages are prohibited on Enforcement or around the premises. - 5 - PC2009-~''r* SPONSI~LE F0~8 ~TO. CONI)ITIONS O~ APPROV.~I. 1VIONITO1t~II~1G That the parking lot of the premises shall be equipped with lighting of a minimum one (1) foot candle power to illuminate and make easily discernible the appearance and conduct of all Police/Code 9 persons on or about the parking lot. Additionally, the position Enforcement of such lighting shall not disturb the normal privacy and use of any neighboring residences. T~at there shall be no amusement machines, video game Police/Code 10 devices or pool tables maintained on the premises at any time. Enforcement That there sha11 be no public telephones on the property tk~at are police/Code 11 located outside of the building and within the control of the Enforcement applicant. That the business owner shall be responsible for maintaining free of litter the area adjacent to tk~e premises over which they have contzol, in an orderly fashion through the provision of police/Code 12 regular maintenance and removal of trask~ or debris. Any Enforcement graffiti painted or marked on 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. That the rear door(s) shall be kept closed at all times during the opezation of the premises except in the cases of emergency and Police/Code 13 to permit deliveries. Said door(s) shall not consist entirely of a Enforcement screen door or ventilated security door. _ That tk~e subject property shall be developed substantially in accordance with plans and specifications submitted to the City 14 of Anaheim by the petitioner and which plans are on file with Planning the Planning Department rnarked Exhibit Nos. 1(Site Plan) and 2, (Floor Plan) and as conditioned herein. ' That approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable 15 City, State and Federal regulations. Approval does not in~hide Planning any action or findings as to compliance or approval of the ~' request regarding any other applicable ordinance, regulation or requirernent. - 6 - PC2009-*** [ FT] ATTAC NT Nom 3 RESOLUTION NO. PC2009-**x A RESOLUTTON OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1 (EXISTING FACII.,ITIES) AND APPROVING A DETERMININATION OF PUBLIC CONVENIENCE ` OR NECESSITY NO. 2008-000~8 (1000 West Lincoln Avenue) WHEREAS, on July 1 l, 1995, the Czty Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and ~ -- . WHEREAS, Section 23958 of tk~e Business and Professions Code provides that ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement prablem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to authorize the exchange and upgrade of the ABC license from a Type 20 license to a Type 21 license to permit the sales of beer, wine and distilled spirits for off-premises consurnption in conjunction with an existing legal non-conforming convenience market on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exk~ibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 2009, notice of said public hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence ~nd reports offered at said hearing, does find and determine the following facts: - 1 - PC2009-*a"r 1. That California state law requires a Deternunation of Public Convenience or - Necessity when property is located in a reporting district that has a crime rate above the average; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 2. 'That Resolution No. 95R-134 authorizes the City of Anaheirn Police Department to make recornrnendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on-premises consumption is permitted by the Municipal Code, said recommendations shall take the forrn of conditions of approval to be imposed, on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 3. That subject property is located within Reporting District 1723, which has a crirne rate of 6% percent above the average. The population within the census tract allows for three off sale ABC licenses and there are presently two l~censes in the tract. The population also allows for three on sale licenses and there are presently three in the tract. 4. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the sale of alcoholic beverages is ancillary to the overall product mix provided by the neighborhood-oriented commercial retail store. Moreover, the Police Department indicates no specific concerns related to off--prennises alcoholic beverage sales and operation of this business, subject to compliance with conditions of approval. 5. That the Determination of Public Convenience or Necessity can be made based on the ~nding that the license requested is consistent with the Planning Commission guideline for such determinations. 6. That the traffic generated by the continued use of the property as a convenience market with off-premises alcoholic beverage sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and; 7. That the granting of the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as tYae sale of alcoholic beverages is ancillary to the proposed market. The Police Departrnent indicates no specific concerns related to off-premises alcoholic beverage sales and operation of this business, subject to the conditions of approval. r 8. That 'F** indicated their presence at said public hearing in oppositic~n; and that no correspondence was received in opposition to the subject petition. WHEREAS, the ~roposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities) as defined in the State CEQA - 2 - PC2009-'r~=* Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. - ° - NOW TI-~REFORE BE IT RESOLVED that the Anaheim City Planning ~ Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for off-premises consumption at this location subject to the conditions of approval described in Exhibit "B" attached hereto and ~ incorporated by this reference which are 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 this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocatioz~s 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 Anahei~ Municipal Code. BE TT FURTHER RESOLVED that the Anaheim City Planning Comrnission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resohition, and any approvals herein contained, shall be deemed null and void. BE TT FURTHER RESOLVED that the Anaheim City Planning Commissian does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of tl~e findings hereinabove set forth. BE IT F[JR'THER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case applicataon within 15 days of the issuance of the final invoice for this project. Faihire 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 tk~e Planning Commission meeting af January 21, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHE]M PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-*~"* STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~ I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Comrnission held on January 21, 2009, 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 Jarzuary _, 2009. SENIOR SECRETARY, ANAHEIlVI PLANNING COMMISSION - 4 - PC2009-~~='" ~~TH.BYD~~ 6 A 99 1~Al.bgS . i'l P~I.IC CO EI~~~NCE OR ~CESSITY PE1tlYITT I~10. 200~-O~Q~4~ ~ ~ ~ N ~ ~ G~~„i~ ~~~" _ , ~ .---'T` .~~ i . .. .. . . i0 . . . `;vo~~ . . . _ .. .. 1 _---~''~~ ~ ~ _-~''"~~ ' Source. Rccord~d Tract Maps and/or Ci[y GIS. Please note the accuracy is ~!- [wo to nve feet. - 5 - PC2009-*'k* ~~TF$TD4~' 6~99 . liAgd.l~Da ~LT~LIC CO~E~IIENCE OIt 1VEC~S~ITI' PE~lYII'T ~10. 20~~-0004~ 1~S~ON3I~I.E NO. CONI~ITIONS O~ APP120V~L FOIZ 1VIOI~IITOI~ING ~E~I~~:L ' That no a~coholic beverages shall be d~splayed outside of the police/Code 1 building or within five (5) feet of any public entrance to the Enforcement building. ' That there shall be no exterior advertising or sign of,any kiand or type, including advertising directed to the exterior from within, " - ' promoting or indicating the availability of alcoholic beverages. Police/Code 2 Interior displays of alcoholic beverages or signs which are Enforcement clearly visible to the exterior sl~all constitute a violation of this condition, That the area of alcoholic beverage displays shall not exceed Police/Code 3 25% of the total display area in a building Enforcement That the sales of alcoholic beverages shall be made to Police/Code 4 customers only when the customer is in the building. Enforcement That no person under 21 years of age shall sell or be permitted police/Code 5 to sell alcohol without someone 21 years of age or older Enforcement present. That beer and malt beverages in c~uantities of quarts, 22 oz., 40 police/Code 6 oz., or similar size containers is prohibited. No beer or malt Enforcement beverages sha~l be sold in quantities of less than six per sale. That wine shall not be sold in bottles or containers srnaller than 7 750m1. and wine-coolers must be sold in manufacturer pre- packaged multi-unit quantities. That the possession o~ alcoholic beverages in open coa~tainers police/Code ' 8 and the consumption of a~coho~ic beverages are prohibited on or Enforcement around the premises. - 6 - PC2009-*** ~SP01~1SI]~LE ~'OR NO. CO~TI)ITIO~TS O~ r~I'PROVAL 1VIONIT~~2I~1G That the parking lot of the premises shall be equipped with lighting of a minim~im one (1) foot candle power to illuminate and make easily discernible the appearance and conduct of all Police/Code 9 persans on or about the parking lot. Additionally, tk~e position Enfarcement of suck~ lighting shall not disturb the normal privacy and use of any neighboring residences. ' That there shall be no amusement machines, video game Police/Code 1Q devices or pool tables maintained on the premises at any tirne. Enforcement That there shall be no public telephones on the property that are police/Code 11 located outside of the building and within the control of the Enforcement applicant. That the business owner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, in an orderly fashion through the provision of police/Code 12 regular maintena~ce and removal of trash or debris. Any Enforcement graffiti painted or marked on the premises or on any adjacent area under the control of the ~icensee shall be removed or ' painted over within 24 hours of being applied. That the rear door(s) shall be kept closed at all times during the operation of the premises except in the cases of emergency and Police/Code ~3 to permit deliveries. Said door(s) shall not consist entirely of a Enforcement screen door or ventilated security door. - Tk~at the subject property shall be developed substantially in accordance with plans and specifications submitted to tk~e City 14 of Anaheim by the petitioner and which plans are on file with Planning the Planning Department rnarked Exhibit Nos. 1(Site Plan) and 2(Floor Plan), and as conditioned herein. That approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable City, 15 State and Federal regulations. Approval does not include any Planning action or findings as to compliance or approval of the request regarding any other applicable ordinance, regu~ation or requirement. - 7 - PC2009-*** i ~ ~ C~,f ~0~`'~ O />! ~\ ~~ ~~ ~•''`: -~' ,,' ~ ~~;,~ .` - ^~. ~~NOev'~gy. ~lty O~ .~11~.~1~1111 ~ Special Operations Division ~O: ~'roan: I)ate: ~Clla ~~Y'Y'1C~ Planning I)epartanent ATTAC NT NOe 4 Lieutenant I)on I~leiaa Vice,l~Tarcotacs, and Criminal Intelligence ~ureau Com~aancler Septeynber 5, 200~ ~: CiTP 200~-05359 / ~'CN 200~-0004~ Thognas I,iquor 1000 W. Lincoln Ave. r~naheicn, CE4 92~02 The Police Department received an I.D.C. Route Sheet for CUP 2008-05359 / PCN 2008-00048. The applicant is requesting to upgrade an existing Type 20 Alcohol Beverage Control License and obtain a Type 21 Alcohol Beverage Control License. The location is within Reporting District 1723, which has a crime rate of 6% above average. It is within census tract number 872.00 which has a population of 7,371. This population allows for 3 Off Sale licenses and presently there are 2 active licenses. This population allows for 8 On Sale licenses and there are presently 3 active licenses in the tract. The census tract boundaries are: North Crescent South 5 Freeway East Harbor West Euclid/5 Freeway On sale licenses in this census tract: 540 N, Euclid 520 N. Euclid 1201 W. Lincoln Off sale license in this census tract: 1000 W. Lincoln 440 N. Euclid The census tracts surrounding this location are as follows Memorandum Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 ~'AX: 714.765.1b65 Della Herrick Thomas Liquor North - 866.02 population 6,177 On Sale allowed 7/active 3 Off Sale allowed 4/active 9 South - 871.05 population 4,507 On Sale allowed 5/active 4 Off Sale allowed 3/active 0 South - 874.01 population 3,058 On Sale allowed 4/active 1 Off Sale allowed 2/active 2 West - 5 Freeway West - 867.02 population 6,646 On Sale allowed 7/active 6 O~f Sale allowed 4/aEfiave 3. East - 873.00 population 10,041 On Sale allowed 11/active 4 Off Sale allowed 6/active 6 East - 865.01 population 4,748 On Sale allowed 5/active 4 Off Sale allowed 3/active 5 Additianal census tract information: North East - 865.01 population ~4,748 On Sale allowed 5/active 4 Off Sale allowed 3/active 5 North West - 867.02 population 6,646 On Sale allowed 7/active 6 Off Sale allowed 4/active 3 South East - 874.01 population 3,058 On Sale allowed 4/active 1 Off Sale allowed 2/active 2 South West - 5 Freeway The Reporting District to the north of the location is 1623 and has a crime rate of 9% below average. The Reporting District to the south is 1823 and has a crime rate of 8% below average. The Reporting District to the east is 1724 and has a crime rate of 1500 % above average. The Reporting District to the west is 1722 and has a crime rate of 40 % above average. There have been no calls for service to this location in the last year. The Police Department recommends approval of this request. We request that the following conditions be placed on the Conditional Use P~rmit: I~emorandum Della Herrick Thomas Liquor Page 2 1) T9~ere shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior frorn vvifhin, prornoting or indicating the availability of alcoholic beverages. In4erior displays ofi alcoholic beverages or signs which are clearly v6soble to 4he exterior shaEl constitute a violation of this condition. 2) No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. 3) The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. 4) The sales of beer or malt beverages in quao~tities of quarts, 22 oz., 32 oz., 40 oz., or sirnilar size containers is prohibited. No beer or malt beverages shall be sold in qeaantities of less than six per sale. 5) The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. 6) The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 7) There shall be no amuse~nent machines, video garrtnne clevices, or pool tables rnaintained upon the prerv~ises at any tirv~e. ~) 1'her~ shall be no public telephones on the property that are located outside the building and vuithin the control of the applicant. 9) 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. 10) The petitioner shall be responsible for maintaining free of Iitter the area adjacent to the premises over which they have control, as depicted. Memorandum Della Herrick . Thomas Liquor 11) Wine shall not be sold in bottles or containers smaller than 750 rval. and wine-coolers must be sold in rnanufacturer pre-packaged rnulti- unit quantities. Page 3 12) No person aander 21 years of age shall sell or be perrnitted to sell , alcohol. If further information is needed, please contact Sergeant Allan Roman at extension 1451. ° f:\home\mmirwin\CUP\2008-05359 CUP 2008-00048 PCN Thomas Liquor 1000 W Lincoln.doc Page 4 .. gp~ 4 . . . . .. . .. ... . .. . .. .. . . . . N M ~ ~ N ~ ~ tl I 3 Q ~ ~ ~ V ~ ~.+ ~ m ~ O N ~ ~ Q? Q.. : ...,.,~~ d ~ C ~ ~og = O ~ D• Y ~ C,., ~ (h 6 •- O J J Q U O . ~ ~ ~ -O N ~ E Ol ~ ~ O ° a z ~ a ~ ° a ~ ,. cv ~ T + 0 o ~ ~. - Z ~ PNE\M 8~'v~ ._ PN ~,. ., , . . g~v0 ~ RgpR NP ~ ~ ~ ~ U ~ j ~~ ~ f" RgOR B~v~ y ~ ~``~ o (n ~ ~ NP ~ ~ ~ ~ ~ ' ~ : ~~ ~ U , ~ O~ m ' ~ ~Y~P~~ pR N o ~ ~ p~S O ~ ~ ~O ~ ~ ~ ~ ~~o ~ ~w ~~~ ~,~ ' ~.~o ~ U ~ ~ ~ ~ 1S 1f1N~b'M o-a `~ J ~ ~ ~ - . .~ ~ . _ ~ ~ , _ u., =~s.~•~:.~~~~ ~ • 0 ~ O 1S `d~lb'Ol `~`~' ~ ~ J J Q m W Q z W ,, ., . . 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January 21, 2009 Subject Property Conditional Use Permit IVo. 2008-05375 Public Convenience or Necessity No. 2008-00053 855 South State Colleae Boulevard ~osso o so ioo Aerial Photo: r-eet JuIV 2006 S~UTN S~ RES~. ,~ ~.G GG H ~ Q ~ w ~ w ~ --~ ~--- RS-2 1DUEACH- / : ~ S~2 Rc' ~~u EP ~ Q NEIGHBORHOOD S T N R G ~v EA ~_~ > ER CEN ~ SMP~~ SN~PS J 2 GN ~ - ~.~ ~ m W W P 1 D ~ NA PVE o- Rs-2 - o ° p1P ~ R~~`i -1 2 R ~ Ep,. ~ GG "~ ~ U ~ RCL 67-68-34 RCL 59-60-94 ~~ W Rg,2 CUP 2008-05375 vaR4sNOPS ~ Q ~ ~v E~ PCN 2008-00053 sMA~ ~ , (RCL 59-6Q-34) ~~ - (RCL 55-56-45) ' (VAR 1005) RETAIL ~ 2 1 DU ~P, w = ~~ 2 m ~ ~ ~ U c~ W ~ ~ FtS_ ° ~ ~ ~ 1~vE . ~--154 ' -~{ o ~- V E ~ N V P P ` -+ W m N M~Rp, N cn ~ 2 ~o _ ~v EP• w ~ c~ ~~ ~o ~ `" 1 DU P. U E cN p~P~E p 0~ -r(R Pv~ .~(~ O~- SENIOR CITIZENS APT. _ ~ 60 DU January 21, 2009 Subject Property Conditional Use Permit No. 2008-05375 Public Convenience or R~ecessity No. 2008-00053 855 South State College Boulevard 2 N Q ~~ ~ ~ ~ N~ ~ 10680 ,~! _ RS-2 1 DU EACH VIKING AVENUE IT'E NO, 5 PLANNING C ISSION AGEI~ A City of Anaheim I'LA~NII~TG EP TMENT l)ATE: JAI~iUA1~Y 21, 2009 FROIVI: PL,Al~INIl~iG SElaVICES AGEI~ ~A~` LH~.ti d3L` . ~E~9 SR~iDL` C.~ ~Ltil\1`1~Ar SLTB.~CT; COI~TDITIO1e1AL USE PE I'T NO. 2008-05375 PUBI,IC COl~TVENIENCE Olt I~TECESSI~'Y I~TO, 200~-00053 I,OCATI01~1: 855 South State College Boulevard APPLICANT'/PROPERTY OWNE12: The applicant is Silvia Rodriguez and the property owner is Purple Penumbra, LLC. RE~UEST: The appl~cant requests approval of a Conditional Use Permit and a Determination of Public Convenience or Necessity to authorize the sales of beer and wine for off-premises consumption in an existing legal nonconforming convenience market. RECOIVIIVIEI~I)ATION: Staff recommends the Planning Commission adopt the attached resolutions, approving a Categorical Exemption Class 1, Conditional Use Permit No. 2008-05375, and a Request for a Determination of Public Convenience or Necessity No. 2008-00053. ~ACKGROUI~TD: This 2,880 square foot market is located in an existing commercial center and is located in the General Commercial (C-G) zone. The Anaheim General Plan designates this property and the properties to the south for Low Medium Residential land uses. The properties to the east and west are designated for Low Density Residential land uses. PROPOSAI.,: The applicant is requesting a conditional use permit and a determination of public convenience or necessity to authorize the sales of beer and wine for off-premises consumption within the existing convenience market. AI+IAL,YSIS: The Business and Professions Code provides that ABC staff shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a licens~. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2008-05375 January 21, 2009 Page 2 of 2 The Anaheim Police Department has indicated that this property is located within Reporting District 1727, which has a crime rate of 16 percent below the City average. This property is also located within Census Tract No. 863.Olwhich has a population of 6,930. This census tract allows for four off-sale licenses and there are currently four licenses in the tract. The propased off-sale license would be the fifth license in the tract. State law requires a determination of public convenience or necessity when an alcoholic beverage license is requested for a property Y located in a police reporting district with a crime rate above the City average or when there is an over concentration in the number of licenses within a Census Tract. Since the requested license for off-sale beer and wine will create an over concentration of ABC licenses in the census tract, a determination of public convenience or necessity will be required for this request. The Police Department is recommending approval of this license subject to the conditions of approval in the draft resolution. Code permits the sale of beer and wine in a convenience market for off-premises consumption in the General Commercial zone subject to the approval of a conditional use permit. The proposed sale of beer wine for off-premises consumption is a compatible use for a convenience market and will provide a convenience to customers visiting the market for everyday necessities. CONCLUSION: Staff believes that with the conditions of approval relating to restrictions on alcoholic beverage packaging, displays, signage, property maintenance and on-site consumption, the requested license would not be detrimental to the area. Therefore, staff recommends approval of the request. Respectfully submitted, ~~7~ ~~~~ Principal Planner Attachments: 1. Letter of Operation 2. Draft Conditional Use Permit Resolution 3. Draft Public Convenience or Necessity Permit Resolution 4. Police Department Memorandum 5. Police Reporting District Map 6. On-Sale ABC License Map 7. Off-Sale ABC License Map anager The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Ha1L 8. Site, Floor Plans and Photos ~~~~~ ~~~~ ~~o ~ Decerriber 9, 2Qp8 City of AnaheT~~ Planning Depaz-tmeiat 200 South Anaheim Blvd Anahein~, CA 92805 Re: Permit to Se11 Beer and Wiiie To Whonz It May Coilcern: U~~n `~ ~~ ~~ ~~~~,~f~~~~ ~~ ~: The purpose of this letter is to request an additional perinit for my grocery store to sell beer a.~~d wiz~e. ` The primary pu.rpose of iny busiliess is the selling of grocez~es to the surrounding neig(lbori~ood. The sell of beer and wi~~e will not be an essei~tiat part of the primary-. purpose af xny Uusiiiess, however, T antici~3ate tliat it wi~~ increase my sales, revenr.~e, and profit by about 15-20% in cnmparisorl to the total sales of groceries. There are no other businesses that of.f.er tlie satne praducts tliat I do in the surro~nding zx~niiiediate azea. There is a resid.ei~tial neigi~borhood located behind tlze store tilat caters to their iir~nlediate grocery needs. According to tlle conditio~~s of the P1ai~nzilg Depart~nent, tl~is lacation does not affect tl~e adjoining la~~d uses. Nor dQes it affect the growth and develo~inent of the area because the permit will be far exclusive t~se inside of the huilding. Camino X2.eal Market ~repares cooked, hot food as well as groceries that are not affereci l~y the surrauilding busi.iiesses. The traffic gener~ted by th~ proposed and current us~ will not a~fect the traffic flov~~ing fron~ 1Vorth Sta,te College B1vd. to South State College Blvd. ~n tlris boulevard, there is an islaiid t~iat se~~arates both driving directions, which allows each direction to flow continuausly. Under tl~e canditianal use ~ermit, i know t12at I can not sell beer and wine to minors under the age ot' 21 years. Camino Real Market will be request'rilg identification of eacl~ individual that would like to purchase any b~er and/or wine. Tliis is how we, Camino Real Market, ~lan to do our part in 11ot harnui~g the l~ealth and safety of the citizens of the City of A.n,ah.eini. Tlie rec~uested permit is for tiie sell of bcer and wine for off premises _ co3zsumptioil;:. _ I hope tlus explanation will jusYify my application for the seiling of beer anci wine at Ca~nino Real Market. Sincerely, ~ r ~ ~ - ~~ ~ ~~~~~ il~ia Rodriguez Owiier, Cainino Real Marlcet [ ~T] ATTAC NT NOe 2 RESOLUTION NO. PC2009-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1(EXISTING FACILITIES), AND APPROVING CONDITIONAL USE PERMTI' NO. 2008-05375 (855 South State College Boulevard) WHEREAS, tk~e Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008-05359 to pernut an ABC license for off-sale beer and wine in aii existing legal non-conforming convenience rnarket for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, this property is currently developed with a convenience market within the General Commercial (GG) zone, and the Anaheim General Plan designates this proper~y~for Low Medium Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said heari~ng, does find and determine the following facts: 1. That the request to permit the sales of beer for off premises consumption in conjunction with an existing convenience rnarket in the General Commercial (GG) zone is properly one for which a conditional use perrnit 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 trses and the growth and development of the area in which it is praposed to be located because all business activities would remain inside the building. 3. That the size and shape of the site for the existing convenience market is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because all sales and operations would remain inside the building. r 4. That the traffic generated by the convenience market would not impos. e an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the convenience rnarket is consistent with the types of uses along State College Boulevard. - 1 - PC2009-*** 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *~"* indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project fa11s within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefoare, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE TT RESOLVED that the Anaheirn City Planning Commission does hereby approve Conditional Use Permit No. 2008-05375 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated herein 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 safety and general welfare of the Citizens of the City of Anaheim. -~ A BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission daes hereby find and determine that adoption of thzs Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. TI~ FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 21, 2009. 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 Colmcil Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _ Z _ PC2009-*** L~~TA~H~TT 66 A 99 d~1~YlY & Y ti CONDITIOl~AL IJSE PE1~IVIIT ~10. 200~-OS375 - 4 - PC2009-**`" STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do l~ereby - certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Comm~ission held on January 21, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WTTNESS WHEREOF, I have hereunto set my hand this day of January, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-**~: EX~II~IT 66~$99 ~. COI~ID~~IONAL iJSE PEIt1~gT 1~10. 2~~~-0~375 SPONS~~LE FOR NO. CO~II~ITIO~TS OF r~PPR0~1r~L IVIOI~TITOItING ~~~IE I. - 01~1~~lIVG I~IIZ~I~T~ 1'~OJE~'T ~~~~4T~~1~ '. That no alcoholic beverages shall be displayed outside of the police/Code 1 building or within five (5) feet of any public entrance to the Enforcement building. That there sha~l be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police/Code - 2 Interior displays of alcoholic beverages or signs which are Enforcement clearly visible to the exteriar shail constitute a violation of this condition. That the area of alcoholic beverage displays shall not exceed Police/Code 3 25% of the total display area in a building Enforcement 4 That the sales of alcoholic beverages sha11 be made to Police/Code customers only when the customer is in the buildirag. Enforcement That no person under 21 years of age shall sell or be permitted police/Code 5 to sell alcohol without someone 21 years of age or older Enforcement present. That beer and malt beverages in quantities of quarts, 22 oz., 40 police/Code 6 oz., or similar size containers is prohibited. No beer or rnalt Enforcement beverages shall be sold in quantities of less than six per sale. That wine shall not be sold in bottles or containers smaller than 7 750m1. and wine-coolers must be sold in manufacturer pre- packaged multi-unit quantities. That the possession of alcoholic beverages in open containers police/Code 8 and the consumption of alcoholic beverages are parohibited on Enforcement or around the premises. That the parking lot of the premises shall be equipped with lighting of a minimum one (1) foot candle power to illuminate ' and make easily discernible the appearance and conduct of all Police/Code 9 persons on or about the parking lot. Additionally, the position Enforcement of such lighting shall not disturb the normal pr~vacy and use of . any neighboring residences. - 5 - PC2009-a:*~ ~SPONSI~LE FOR I~10. C01~11)ITIO~TS OF AI'PI~OVAI. IVIOI~IT012ING That there sha11 be no public telephones on the property that are police/Code 10 located outside of the building and within the control of the Enforcement app~icant. That the business owner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, in an orderly fashion through the provision of police/Code 11 regular maintenance and removal of trash or debris. Any Enforcement graffiti painted or marked on 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. That the rear door(s) shall be kept closed at all tirnes during the operation of the premises except in the cases of emergency and Police/Code 12 to permit deliveries. Said door(s) shall not consist entirely of a Enforcement screen door or ventilated security door. That the subject property shall be developed substantially in accordance with plans and specifications subm~itted to the City 13 of Anaheim by the petitioner and which plans are on file with Planning ' the Planning Department inarked Exhibit 1Vos. 1(Site Plan ) and 2(Floor Plan), and as conditioned herein. That approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable 14 City, State and Federal regulations. Approval does not include Planning any action or finciings as to cornpliance or approval of the request regarding any other applicable ordinance, regulation or requirement. _ ~ _ PC2009-*** [ FT] ATTAC NT ~o. 3 RESOLUTION NO. PC2009-*** A RESOLUTION OF THE ANAHEIM PLANNIlVG COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1 (EXISTIIVG FACILITIES) AND APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00053 (855 South State College Boulevard) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establish~ng procedures and delegating certain responsibilities to the Planning Cornmission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and ~ -• . WHEREAS, Section 23958 of the Business and Professions Code provides that ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Cornmission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit the sales of beer, and wine for off-premises consumption (Type 20 License) in conjunction with an existing convenience rnarket on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a-public hearing at the Civic Center in the City of Anaheim on January 21, 2009, notice of said public hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration o~ all evidence and reports offered at said hearing, does find and determine the following facts: r - 1 - PC2009-*** 1. That California state law requires a Determination of Ptiblic Convenience or - Necessity when property is located in a reporting district that has an over concentration of licenses and that Section 2395$ of the Business and Professions Code provides that the ABC sha11 deny an appiication for a license if issuance of that iicense would tend to create a law ~ enfarcement problem except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 2. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on-premises consumption is permitted by the Municipal Code, said recommendations shall take the form of conditions of approval to be imposecl-on the determination in order to ensure that the sale and consurnption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 3. That subject property is located within Reporting District 177, which has a crime rate of 16% percent below the average. The population within the census tract allows for four off sale ABC licenses and there are presently four licenses in the tract. The proposed license would be the fifth license in the tract. The population also allows for eight on sale licenses and there are presently five in the tract. ~. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the sale of beer and wine is ancillary to the overall product mix provided by the neighborhood-oriented commercial retail store. Moreover, the Police Department indicates no specific concerns related to off- premises beer and wine sales and operation of this business, subject to cornpliance with conditions of approval. 5. That the Deterniination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations. 6. That the traffic generated by the continued use of the property as a convenience market with off-premises alcoholic beverage sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and; 7. That the granting of the Deterrnination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcoholic beverages is ancillary to the proposed market. The Police Department indicates no specific concerns related to off-premises beer and wine sales and operation af this business, subject to the conditions of approval. 8. That *** indicated their presence at said public hearing in opposition; and that x:r.:r correspondence was received in opposition to the subject petition. - 2 - PC2009-*** WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities) as defined in the State CEQA -- Guidelines, and is therefore, exempt from the requirement to prepare additional environmental docurnentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Comrnission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for off-premises consumption at this location subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are 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 FLTRTHER RESOLVED this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations.of this pernut 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. BE IT FtJRTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the Anaheim City P~anning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's cornpliance with each and a11 of the findings hereinabove set forth. BE TT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice for this project. Faihire to pay all charges shall result in delays in the issuance of required perrnits or the revocation of the approval of this application. - 3 - PC2009-*~* THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 21, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60. >--- "Procedures" of the Anaheim Municipal Code pertaining to appeal procedt~res 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 City Planning Comrraission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Cornmission held on January 21, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WTTNESS WHEREOF, I have hereunto set my hand this day of January, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 4 - PC2009-*** ~+~STi_AB~BB~ 6~99 9;~1'~lEdYDd A P ~.IC COI~ENIEI~CE O~ ~CESSITY PE T I~10. 200~-00053 - 5 - PC2009-**'~ ~~7E~AD~~ 6~99 l~dggd9 ~ I.IC CO~EI~1I~~1CE OIl2 ~CESSITY I'~ I~ N6~. 200~-00053 ItESPOl~SI~LE FOR 1~10. CO~TDITIOI~TS OF APPROVAI. IVIONITORII~IG ~~N~.~4~ That the display of alcoholic beverages shall not be outside of police/Code 1 the building or withzn five (5) feet of any public entrance to the Enforcement building. _ 'That there sha11 be no exterior advertising or sign of any kind or ' type, including advertising directed to the exterior fr.~m within, promoting or indicating the availability of a~coholic beverages. Police/Code 2 Interior displays of alcoholic beverages or signs which are Enforcement clearly visible to the exterior shall constitute a violation of this condition. That the area of alcoholic beverage displays shall not exceed Police/Code 3 25% of the total display area in a building Enforcement ' That the sales of alcoholic beverages shall be made to Police/Code 4 customers only when the customer is in the building. Enforcement That no person under 21 years of age shall sell or be perrnitted police/Code 5 to sell alcohol without sorneone 21 years oF age or older Enforcement present. That beer and malt beverages in quantities of quarts; 22 oz., 40 police/Code 6 oz., or similar size containers is prohibited. No beer or malt Enforcement beverages shall be sold in quantities of less than six per sale. That wine shall not be sold in bottles or containers smaller than 7 750m1. and wine-coolers must be sold in manufacturer pre- packaged multi-unit quantities. That the possession of alcoholic beverages in open containers police/Code 8 and the consumption of alcoholic beverages are prohibited on or Enforcement around the premises. r - 6 - PC2009-~'*a: ~S~ONSI~LE FO~ NO. COl`1DITIO~iS O~ r~PPROVAI. I~IOl~1IT~~I~TG That the parking lot of the premises shall be equipped with ; lighting of a minimum one (1) foot candle power to ilhimianate and make easily discernible the appearance and conduct of all Police/Code 9 persons on or about the parking lot. Additionally, the position Enforcement of such lighting shall not disturb the normal privacy and use of any neighboring residences. That there shall be no amusement machines, video game Police/Code 10 devices or pool tables maintained on the premises at any time. Enforcement That there shall be no public telephones on the property that are police/Code 11 located outside of the building and within the control of the Enforcement applicant. That the bt~siness owner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, in an orderly fashion through the provision of police/Code 12 regular maintenance and removal of trash or debris. Any Enforcement graffiti painted or marked on the prernises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. That the rear door(s) shall be kept closed at all times during the operation of the premises except in the cases of ernergency and Police/Code 13 to permit deliveries. Said door(s) shall not consist entirely of a Enforcement screen door or ventilated security door. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City 14 of Anaheim by the petitioner and which plans are on file with Planning the Planning Department marked Exhibit Nos. 1(Site Plan) and ! 2{Floor Plan), and as conditioned herein. That approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable City, 15 State and Federa~ regulations. Approval does not include any Planning action or findings as to compliance or approval of the request = regarding any other applicable ordinance, regulation or requirement, _ ~ _ PC2009-~`** City of 1~n eixr~ ~ ~ Special Operations Division To; Froan: I)ate: Della ~ierrick ~lanning I)epartment ATTAC NT ~100 4 I.ieutenant 1)on I~lein i7ice, I~arcotics, and ~rianinal Intellige~-ce ~ureau ComYnander October 31, 200~ ~: C~ 200~-05375 Camino Real Market ~55 S. State College ~Ivd. r~naheim, CA 92~05 The Police Department has received an I.D.C. Route Sheet for CUP 2008- 05375. The applicant is requesting to permit the sales of beer and wine for off premises consumption for an existing market. The location is within Reporting District 1727, which has a crime rate of 16 % below average. It is within census tract number 863.01 which has a population of 6,930. This population allows for 8 On Sale licenses and there are presently 5 active licenses. This population allows for 4 Off Sale licenses and there are presently 4 active licenses in the tract. The census tract boundaries are: North Lincoln South Vermont East State College West East Please see Census Tract map for iicenses in the immediate vicinity. The census tracts surrounding this location are as follows: South - 863.03 On Sale allowed 5/active 21 West - 873 On Sale allowed 11/active 4 Memorandum Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.7651401 FAX: 71A .765.1665 North - 864.05 On Sale allowed 8/active 5 population 6,699 Off Sale allowed 4/active 3 population 4,546 Off Sale allowed 3/active 5 pop~lation 1 p,041 Off Sale allowed 6/active 6 Della Herrick Camino Real Market West - 874.01 population 3,058 On Sale allowed 4/active 1 Off Sale allowed 2/active 2 UVest - 874.04 population 3,785 On Sale allowed 4/active 1 Off Sale allowed 3/active 3 East - 863.04 population 4,532 On Sale allowed 5/active 3 Off Sale allowed 3/active 4 East - 863.05 population 3,730 On Sale allowed 4/active 1 Off Sale allowed 3/active 1 Additional census tract information: North West 874.05 population 8,649 On Sale allowed 7/active 2 Off Sale allowed 4/active 6 North East 863.05 population 3,730 On Sale allowed 4/active 1 Off Sale allowed 3/active 1 South East 864.02 population 5,336 On Sale allowed 6/active 1 Off Sale allowed 4/active 3 South West 873 population 10,041 On Sale allowed 11/active 4 Off Sale allowed 6/active 6 The Reporting District to the north of the location is 1627 and has a crime rate of 19% below average. The Reporting District to the south is 1827 and has a crime rate of 19% below average. The Reporting District to the east is 1728 and has a crime rate of 17% below average: The Reporting District to the west is 1726 and has a crime rate of 10% below average. This location has had 5 calls for service in the last year. They consist of: 2 disturbance, 1 burglary alarm, 1 assault/battery, and 1 open door. There was one report taken for assault/battery. The Police Department does not oppose this request. The applicant will need to have a determination of Public Convenience or Necessity for the over concentration of Off Sale licenses. If PCN is granted the Police Departrnent requests that the following conditions are placed on the Gonditional Use Permit: ~ 1) No display of alcoholic beverages shall be located out~ide of a building or within five (5) feet of any public entrance to the building. Memorandum Della Herrick Camino Real Market Page 2 2) There shall be no e~erior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 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) The sales of beer or rraalt beverages in quantities of quarts, 16 oz., 22 oz., 32 oz., 40 oz., or sireailar size,.containers is prohibited. No beer or a~alt beverages shall be sold in quantities of less than-six per sale. 6) The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. 7) There shall be no amusement machines, video game devices, or pool tables maintained upon the premises without proper permits. 8) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 9) The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any ~ity of Anaheim official when requested. 10) Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 11) The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. 12) No ~nrine shall be sold ira botfl~s or containers smaller than 750 rnl. Mernorandum Della Herrick Camino Real Market ~'age 3 13) No person under twenty-one (21) years of age shall sell or be permitted to sell any beer or wine. . 1~) 1n/ine coolers shall not be sold in packages containing less than a foaar (4) pack. Please contact Sgt. Allan Roman at 765-1451 if you require further information in regards to this matter. f:\home\mmirwin\2008-05375 CUP 855 S. State College Camino Real Market.doc Page 4 ~ . . . . . . . . . . . . . . . . . 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W pao?mz zwr~¢w y~~ ~~~ C+~ ~~ Y_ ~ W mUK'~~.~~Q ~p O ~NO Y S ZW ~ ~?N~dOKN 6'OW Q~ YZNO ~ Z~~~Waa 22=~ZW ~Q62 GlW2 ~~ ~/@~ »~a ~WC~HZ~?°z~¢z g~tt ~~<2 a~aJ¢~ 3 'oiz~ttd ~~a~smo0 ~OO~ i~~i . ~V 2 n Y J > j W U' N U' N S S> ~ Q aU' U U r n K~ 2 ~~ 2~N aU' 2 n Y T tQil O n N U S N O N ~~ E e ~ E e E m E m E e E m E m E~ E~m E m i i z' i z i ~ i i i " _'.F,~,,: ;, f .-~vwv g ~m m~mmr~ ~~ ~ `~ .-.-.- ~ ~ ~ g rNn~`+ ~ a ~ rv~vnNtvn ~ mm me~inn ~ mnn ~ v<v •.•,,•. . January 21, 2009 Subject Property Reclassification No. 2008-00224 Conditional lJse Permit No. 2008-05383 1735-1739 West Lincoln Avenue AVE 10681 o so ioo Feet AJu'Iv~ 006 . \ item ivo. b \. I-- W W ~ F- Cn ~ J U ~ W RM-4 T ~_G REST. GG VACANT WINDROSE REST. APTS 106 DU GG ~ TARGET - ~ j (UNDER CONST.) GG m T m` ~. N Q KETTLE MOTOR a'~. ~ ~ E E HOTEL ~ ~ ?.-ni 'a~ o RM-4 ~ nNi C-G m~ VILLA GARDENS ~ CAR WASH , Q a APARTMENTS o~ 43 DU o so ioo Fee[ January 21, 2009 ~ ~ ; Subject Property = ~ ° U --~ , ~ O ¢ m W Z O Z W. LINCOLN AVE ~ Z Reclassification No 2008-00224 ~ . N N s~ z Condition~l Use Permit No. 2008-05383 ~= W. BROADWAY ¢~~~y~- o y~ :~ ° S ~ ~ '~ B~ jm ~ ~~i 'w ~~n ~9 "9Lto 1735-1739 West Lincoln Avenue 10681 ITE NO> 6 PI~ Il~G CO I~SI N AGEN A POI~T 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheiin PLAIV~TIIVCT I~EPAIZTIVIEI~IT LOCATION: 1735-1739 West Lincoln Avenue APPLICANT/P1tOPERTY OWNER: The applicant is Phillip Schwartze, and the property owner is David Seidner. REQUEST: The applicant is requesting a reclassification of the property from the Transition (T) Zone to the Industrial (I) Zone and approval of a conditional use permit to construct a recycling processing facility. I~ECOMMEl~TDATION: Staff recommends that the Planning Commission adopt the attached resolutions determirung that a Negative Declaration is the appropriate environmental documentation and approving Reclassification No. 2008-00224 and Conditional Use Permit No. 2008-05383. BACI~GROITNl): The 0.88-acre property consists of two parcels and is located on the north side of Lincoln Avenue, approximately 400 feet west of Euclid Avenue. The General Plan designates these properties and properties to the south and east for Low-Medium Density Residential land uses and properties to the north, east and west, for Industrial land uses. The properties to the south, across Lincoln Avenue are designated for General Commercial land uses. General industrial uses are located to the north, east and west, and a Target retail store is located south across Lincoln Avenue. PI~OPOSAL: The applicant proposes to develop a recycling processing facility. The recycling facility will purchase plastic, glass and aluminum beverage containers and other grades of plastic containers from the public. They will also purchase household scrap metals, non ferrous metals, aluminurn scraps, copper and brass. No industrial size scrap metal, rubber and or automobiles wi~7 be processed at this facility. The materials will be processed, baled and shipped to an authorized recycling processor. Please refer to the project summary charts attached to the staff report for project details (Attachment No. 1). RECLASSIFICATION NO. 2008-00224 January 21, 2009 Page 2 of 3 A1~iAi,~'SIS: Following is an analysis of the proposed project actions: l~eclassa~eation: The property is currently zoned Transition (T). The applicant proposes to reclassify the property to the Industrial (I) zone. The Transition Zone provides a zone for land that is used for agricultural uses, in a transitory or interim use, restricted to limited uses because of special conditions, or not zoned to one of the zoning districts allowed by the General Plan for ` whatever reason. Because this reclassification would implement the existing Industrial General Plan land use, staff recommends approval of the reclassification request. Conditional Use 1'ermit: A conditional use permit is being requested to permit a recycling processing facility. The Industrial Zone requires a conditional use permit for this type of use. The submitted plans are in compliance with all Code requirernents. The applicant proposes to construct a new building at the north end of the property to house'the administrative center and the "Buy Back" center for all transactions. This building will have roll-up doors that face the parking lot and will be open during business hours. The applicant proposes to modify the fa~ade of the existing building located near the front of the site to match the new building; however, elevation plans have not been submitted at this time. One of the recommended conditions of approval requires the applicant to submit an elevation plan showing the proposed modifications for approval by the Planning Department prior to issuance of building permits for this structure. The project has been appropriately designed to provide the required number of parking spaces and to promote good vehicular circulation. The 40-foot landscaped setback area includes eight new trees and layered landscaping to provide screening of the parking lot and recycling facility. The proposed ~roject is on two separate parcels and staff has included a condition of approval in the resolution that would require a lot line adjustment or a covenant to tie the two lots together. The recent rise in the theft of copper and other metals has required cities and states to enact new laws regarding the sale of these metals to recycling facilities. California State law requires that junk dealers or recyclers keep written records of all sales and purchases including, the place and date of each sale or purchase of junk, a description of the item of junk, and the personal and vehicle information of the person selling, purchasing, or transporting the junk. Additionally, a recent State law approved in 2008 requires a junk dealer or recycler to report the information included in those written records to the chief of police or sheriff, upon request and on a monthly basis. The law also authorizes the chief of police or sheriff to request weekly reports for no more than a 2-month period, except as specified, if there is an ongoing investigation of the junk dealer or recycler concerning possible criminal activity. This law prohibits a junk dealer or recycler from providing payment for nonferrous rnaterial, uriless the payment is made by cash or check, the check is mailed or the cash or check is provided no earlier than three days after the date of sale, and the dealer or recycler obtains a photograph or video of the seller and certain other identifying information, including the thumbprint of a seller, to be retained by the dealer or recycler for a certain period of time. The law specifies an exception to the payment by cash or check requirement and provides that these requirements do not apply to the redemption of nonferrous materials of a certain value at a recycling center. The Code Enforcement Division and Anaheim Police Department are cooperatively working to notify all of the recycling facilities RECLASSIFICATION NO. 2008-00224 January 21, 2009 Page 3 of 3 within the City about the new State law and available training regarding the law provided by the State. , , COl`iCI~USIOl~T: Because the reclassification to the Industrial Zone would implement the underlying Industrial General Plan designation and the recycling center would improve an underutilized vacant parcel with a recycling center compatible with the surrounding land uses, staff recommends approval of this request. Respectfully submitted, ~~~~ ~f~ Principal Planner Concurred by, ing Services Manager Attachments: ~ l. Project Summary 2. Letter of Operation 3. Draft Reclassification Resolution 4. Draft Conditional Use Permit Resolution The following attachrnents were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 5. Site photographs 6. Plans ATTAC ~TT NOe 1 PROJECT ST1 ARY CL~SSSI~ICATION 1~0. 2~0~-00224 COI~IDITIO~r~L iJSE PERIVIIT I~10. 200~-053~3 ~tan~tar~ts Parking 30 s aces roposed 16 s aces re uired Front: 50 ft. Front: 0 ft. * Building and landscape setbacks Side: 0 ft. Side: 0 ft. ~ Rear: 0 ft.* Rear: 0 ft. Building Height 25 ft. ._ 100 ft. ~xisting building setback is legally nonconforming. No expansion to the buildmg is proposect; therefore no variance is required. '.; {,. , ~. - ~TTAC IVI~l~T NO, 2 LETTE~ OE E °Ti S FOR ~s.~'~~ ~~ L~~. ~~~-~I,~~~A"'.~ ~S~~.da~a ~~lp~r~i.a~A~~~~ ~.~~~:~.~~~~~~~a~~ 1731 ~ 17391N. Lincoln A~renue Casf~ 4 Cans is a recycling company that wishes to open a new faciliiy in the City afi Anaheim and therefore subnnitted Concep~ual Development Review applicatian # 2d0~-00034. T'he a4fiached plans and ~his Letter of Oper~fions vuill act as the L~~er ofi J~a~tifac~~i~n for the Conditional Use Perrnit as requestecf in t~'le I11~@fC~~-'~c~l~l1(1~Ilt~I COPT11711~E.'~ C0111111@P1~Sr dated October ~ 5, 2008. The Cash 4 Cans recycling compar~y operates ~o other~recycli~g cenfiers iw~ . Califor~i~ (~~Ilflower and Riverside) and has done so since 1992. Both existing dev~lopmenfi~ are approved by fihe S~ate of C~lifornia as C.R.V. centers, Cash 4 Cans uvill purchase bev~rage cont~iners (plastic ar~d gl~~s), aluminum cans and several other grades of plastic cont~iners as wel9 as C.R.V. gl~ss. They vvill also purchase household scrap metals, nor~ ferrous metals, aluminurn scraps, copper ar~d brass. They will ~tot purchase norrnal industrial size scrap meta(, rubber and autorv~obiles. The nevv Recycling Center r~viil have eight to ten emplr~ye~s vvho will purchase, h~ndle and process the collected materials. A~II employees have above minimum wages ~nd the Compa~ey ofFers ~ Kaiser H~alth Plan after a 9p day probationary period that is fully paid by ~he Cornp~ny. ~a~A~~~: Per the propos~d plans, Cash 4 Cans will ~recf a~tew building afi the north end of the prope~ty which vuifl house fhe ~dminisfrative c~nter, r~strooms and fihe "BUY ~ACK" center for all tra~~actions. This "6uy Back" building v~rill h~ve roll-up doors that face fihe parking lot and will be open during business hours. One of the existing buildings may rernain and is shouvn in the pl~n. As noted on the sife pl~ns, the Lincoln ~dvenue fronfiage will be landscaped and screened from vievus to fhe interior vvith the exception of the drive er~trance vvhich w~ill be visible from the str~ef by law enforceme~t. The site i~ already scre~ned from surrour~din~ properkies by e~isting buildings and walls. Cash 4 Cans vvill i~sfall additional screening ~s necessary. Security cameras v~rill be instalied at key lacafions and the pa~king lot and recycle holding area wi11 be srrvept and cleaned canfiinually during the hours of operation. ~ ~i 3:..,- . ...,... ' `.. Cash 4 Cans considers itself fo b~ a ret~il chairt and therefare canducts business in the manner of ~ successful re~ail operator. ---- S~Ilers are required to show and have l.D. copied by Cash 4 Cans as par~ ofi the norrnal tran~action events. In sor~ne cases, depending on various State and local Lavvs, sellers m~y also be finger printed. The recyclable materials will be process~d, baled and th~n trucked to a Sfate of Califorr~i~ ~uthorized processor. Approximately 5 firuck trips per week vuill remove the cmllecfied materials. The site vvill operate du~i~g norrr-al business hours d~ring the v~+e~k ar~d res#ric~ed hours during fihe weekend. Custamers will arrive via the Lincoln Avenue entrance ~nd proceed to the parking lot. They vvili carry their recycl~ble r~n~fieri~ls to the designated drop-off ar~a vvhere their materials c~n be weighed and/or counted, The s~ller uvill be issued a temporary receipt. The seller wiil then ~ proceed to the administrative ~rea, a few ~eef away, vvhere they wi11 be paid in cash th~ amount shown on fhe receip~. Cash 4 Cans ~rill purchase approximately six to eight million dollars of us~d recyclable h~usehold products from the community per year, at maturi~ty of the si~e. [ F'T] AT C NT NO. 3 RESOLUTION NO. PC2009-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISS~ON APPROVING A CEQA NEGATNE DECLARATIOI~t AND APPROVING .,- RECLASSIFICATION NO. 2008-00224 (1735-1739 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Reclassification from the T(Transition) Zone to the I(Industria~) Zone for certain real property situated at 1735-1739 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. _ WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 2009 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the applicant proposes reclassification of subject property from the T (Transition) Zone to the I(Industrial) Zone. 2. That the proposed I Zone would be consistent with the existing Industrial land use designation of the General Plan. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted L~ses generally established throughout the community. 5. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection wit~ this request. -1- PC2009-*** BE IT FIJRTHER RESOLVED that the Anaheim City Planning Commission does hereby approve Petition for Reclassification to authorize an amendment to the Zoning Map .---- of the Anaheirn Municipal Code to exclude the above-described property from the T(Transition) Zone and to incorporate said described property into the I(Industrial) Zone subject to the.,. . conditions of appraval described in ExYaibit "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, safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon " applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FLJRTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required pernuts or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Conunission meeting of January 21, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION AT~EST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2009-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CTTY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim ~ City Planning Cammission held on January 21, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISS~ONERS: IN WTTNESS WHEREOF, I have hereunto set my_hand this day of January, 2009. ~ ~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2009-*** ~~TRE4IDT~ 66 ,l 99 1~YBdY9d L'& CI,r~SSIF~CA~I0I~1 NO. 200~-00224 122.45' _ _ " ~ ~ ~ ~ ~° ~ ~ ~'~'° ~~ ~ ~ ~ Source: Recorded Trect Maps and/or Ciry GIS. F~ _~ Please note the accuracy is +/_ ~o to five feet. -4- PC2009-*** ~~H3~~YT b6~99 KH & A ItECI~r~S~~'ICATIO~T I~O. 200~-00224 SPONSI~LE FOR N~. COI~IDITIOI~IS O~ APPROVAI, l~IO~ITOItII~1G PRI~~ T'O IN7'It~I~iJC'T't01lT ~~ ~ IIVANCE 1 That prior to introduction of an ordinance rezoning subject property, a Planning prelirnanary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and - contaiz~ing a map of the property. GE~IEI~L 2 That approval of this application constitutes approval of the proposed Planning request only to the extent that it complies with the Anaheim Municipal Zoning Cade 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. -5- PC2009-**x [ FT] ATTAC ENT NO. 4 RESOLUTION NO. PC2009-x** A RESOLUTION OF THE ANAHElIVI CITY PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERIVIIT NO. 2008-05383 (1735-1739 WEST LINCOLN AVENUE) n WHEREAS, the Anaheirn City Planning Commission did receive a verified Petition for a Conditional Use Permit to constnict a recycling processing facility for certain real property situated in the City of Anahezm, County of Orange, State of California, shown on Exhibit "A" attached hereto and incorporated hezein by this reference. WHEREAS, the applicant has requested approval of a conditional use permit to construct a recycling processing facility pursuant to Code Section 18.60 of the Anaheim Municipal Code; and ~ _ WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: l. That the proposed request to construct a recycling processing facility is properly one far which a conditional use permit is authorized under Code Seetion 18.10.030.040.0402 of the Anaheim Municipal Code; and 2. That the recycling processing facility, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because it is located in an industrial zone and will comply with all Code requirements pertaining to sound pressure levels. 3. That the size and shape of the site for the use is adequate to allow the recycling processing facility in a manner not detrimental to either the particular area or health and safety as conditioned, as the property meets a11 Code requirements and there is sufficient parking to provide for the use. 4. That the traffic generated by the use of the property as a recycling processing facility, as conditioned, will not impose an undue burden upon the streets and highways designed and improved to cany the traffic in the area and; - 1 - PC2009-'r** 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *** indicated their presence at said public hearing in opposition; and.that *** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby find the Negative Declaration is adequate to serve as the required environmental dacumentation in connection with this request. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-0583 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 the health, safety and general welfare of the Citizens of the City of Anaheim: ~ BE IT FURTHER RESOLVED that this perrnit is apparoved without limitations on the hours of operation or duration of use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapter 18.60.190 (Amendrnent to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FtJRTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Comrnission meeting of January 21, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANIVING COMMISSION - 2 - PC2009-'r** STATE OF CALIFORNIA ) COLTNTY OF ORANGE ) ss. CITY OF ANAHEIIV~ ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 21, 2009, 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 January, 2009. _ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-*** ~~1LABDT~ 66 A 99 ffiAAHDg L8 CONI)I~IOI~IAI, iJ~E I'E~2IVIIT I~O. 200~-053~3 122.45' ° ' 16Q Source: Recorded Tract Maps andlor City GIS. F„_~ Please note the accuracy is +/- ~o to five feet. - 4 - PC2009-*'r''` ~~~I~I~ 66~99 C0~1~ITIO~AL iJSE PE IT NO. 200~-053~3 ~SPONSI~LE FOR 1~0. C01~1I)ITIOI~S OF APPItOi~AI, IVIOI~IITOI~II~G ~~'r ,(~X~,Z't~ ~~i~ ~ ;~;~~II~~C'~ ~.~' ~~~'~I~~1~`~ ~'.~` IZ',~ ~ , ` 1 A Lot Line Adjustment sha11 be submitted to the Public Public Works Works Department, Engineering Division, Development Services to merge the two current parcels. The Lot-Line ~ Adjustment shall be approved by the City Engineer and recorded in the office of the Orange County Recorder prior to issuance of a building permit. ~ ~ . 2 Tl~at no building permits sha~l be issued ~.~ntil after the Planning effective date of the ordinance approving Reclassification No. 2008-0022~. 3 The cunent City of Anaheim Sewer Impact fee (West Public Works Anaheim Area, Zone D) shall be paid. The current fee for commercial is $132/1,000 GFA. 4 The applicant shall submit street and landscape improvernent Public Works plans for La Palma Avenue and East Street to the Public Works/Development Services for review and approval and bonds shall be ~osted in an amount approved by the City Engineer and in a form approved by the City Attorney's Of~ice. The improvements shall be constructed prior to final building and zoning inspections. - 5 That the parking lot of these prernises shall be equipped with Police decorative lighting of a minimum 1 foot-candle to illurninate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residences. Said information shall be specifically shown on the plans submitted for building permits. Final lighting plans shall be submitted to the Planning Department for re,view and approval. - 5 - PC2009-*x* R~S~01~1SI~I.~ FOR NO. CONDITI01~1S OF A~PIZOVAL, 1l~iONITO1tIl~G, 6 Building plans shall show any proposed gates and shall Public dUorks dernonstrate that gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public streets, and that installation of any gates shall conform to the current version of Engineering Standard Detai1475. The location of any proposed gates shall be subject to the review and approval of the City Traffic and Transportation Manager. Building plans shall clearly indicate the location of the Knox Box required by the ~ Fire Department. 7 Fire lanes shall be posted with "No Parking Any_Time". Fire Said information shall be specifically shown on plans ' " submitted for building permits. 8 The applicant shall submit final elevation plans for the Planning existing one-story building to the Planning Department for review and approval. ~ ;~'~~~ ~'d~:F'll~ . ~ ~~~~~Xl~~A1'!?13 ~~1~~1~~1`l'4?'~1~?~~~'~€~1~ _ w - ~: ' 9 The applicant shall improve the right-of-way to construct 4' x Public Works 4' wide tree wel~s per Public Works Standard 160-A. The applicant shall submit grading plans including landscape and irrigation for the public improvements along Lincoln Avenue to the Public Works Department/Development Services. All dimensions are taken from the construction centerline. A Right of Way Construction Permit shall be obtained from the Public Works Department/Development Services for all work performed in the right-of-way. 10 Rooftop address numbers shall be painted on the roof for the Police police helicopter. The minimum size shall be 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 11 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. - 6 - PC2009-*** :r~r~`2~,~ ~`= ~,1~7 ~~1~.tir,~ 1~~T~l~ff~ ~~Z~.~~~`~' ~~~„ . ~"T~~ ~ , . _ : . 12 That no required parking areas shall be fenced or otherwise Planning enclosed for outdoor storage uses. ` 13 The recycling facility shall comply with all State laws Planning pertaining to the requirements for junk dealers and recyclers. 14 The applicant shall maintain on file an Emergency Listing Police Card, Form APD-281, with the Police Department. 15 The applicant shall cornplete a Burglary/Robbery Alarm Police Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. ~ 16 The applicant/operator shall provide a comprehensive Police security alarm system for the following: ~ • Perimeter building and access route ~ protection. • High valued storage areas. • Perimeter fence and security gating. 17 The hours of operation shall be consistent with the letter of Planning operation on file with the City of Anaheim Planning Department. 18 Extensions for ~urther time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 19 That timing for compliance with conditions of approval may Planning be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established tl~at satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Mlinicipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 20 Approval of this application constitutes approval of the P~anning proposed request only to the extent that it cornplies 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. - 7 - PC2009-*** ~~ RS-2 1 DU EACH RM-2 TOWNHOUSE ATTACHED 95 DU DAD MILLER GOLF COURSE RM-4 FAIRWAY VILLAGE APARTMENTS 145 DU LINCOLN RM-2 ~ RV PARK coNOOs Q• ~2 ou U Q. _ U' (~ ~_~ . ~ ~ W ' ~ SMALI SHOPS c~i ~ GG ~ o ~ ., CONSTRUCTION GG ~ GG ' U` m~,', v BUSINESS ~ SMALL SHOPS v o~ ;~ RM-4 GG ' a~ " C-G CHECK LINCOLN PINES SMALLSHOPS Ui-=- RESTAURANT CASHING APARTMENTS / I ~ W 34 DU ~ 1 LINCOLN AVENUE ~ 98 ~ w I > • _ Q I - T C-G J O CREST n ~ TIRE SMOP z C-G MOTEL G~ ~ (~ GG SMALL 1 DU T Q DRIVE-THRU RM-4 SHOPS ~ REST. SM ALLSHOPS T AUTO LINCOLN COURT ~pcH T APARTMENTS c-c O~ REPAIR 32 DU ~ w ~ RN1-4 MAGNOLIA C-G NARY CLINIC ETER RM~ ~ O RM-4 APARTMENTS V NI ~acH J' ~ C-G 26 DU ~ LINCOLN PARK '~ Rnaa APARTMENTS VALENCIAINN - RM-4 ~ ~ Z 63 DU WINDSONG o APARTMENTS v ,~ ~1-4 t ou O 24 DU m Q Z m am m ~ m o c E a ONDOMINIUMS ~ U RM-4 ° C c E CANTAMAR c ~ m 64 DU RM-4 Q ~ o APARTMENTS 5 m PALM WEST N`m m 24 DU t~ ~ APARTMENTS 18 DU 3 E a RM-4 ¢ ~ AGATE MANOR m APARTMENTS 3 ~a nu ~ `(I) r 10682 ~ ~ ~ .CRESCENTAVE ~0 N ~ 1 iw~ W. CRE&CENTAVE ~ ~ t>'..~~:. a,. x Y ~~m~~0 fQ 0 ~O m ,Z Z W. LINCOLN AVE ~ w o ij ~a W r "~ IN ~m _ ~O W. BROA l DWAY B~ 0 ~~ ~ o a ~ A e , ~ 'm' W.OR'4NGEAVE iN ~ ~'~1d~ ¢ B I'~'E 1~00 7 PI, l~Il~TG CO ISSIO~ AGE ~ 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLAIVNING I~EPI~IZTIVIENT LOCAT'ION: 2623 West Lincoln Avenue _ Al'PLICAloTT/PROPERTY OWI~TER: The applicant is Byung Sonn and the property owner is Kwan-Eui Song. Q~JES'T: The applicant requests approval to expand an existing single-tenant retail building to permit a total of three units including an auto sound systern sales and installation business with a smaller setback than required by Code. RECOIVIMENI)A~'ION: Staff recommends the Planning Commission adopt the attached resolution, approving a Class 1 Categorical Exemption and Conditional Use Permit No. 2008-05363 with a setback variance. BA~KGROiJND: The project site is approximately 0.4-acre in size and is located in the GG (General Commercial) zone and the Merged Redeveloprnent Project Area. The site is developed with a 2,342 square foot freestanding building formerly occupied by a thrift shop. The Anaheim General Plan designates this property and properties to the north, east and west for Low-Medium Density Residential land uses. The property to the south is designated for General Commercial land uses. Variance No. 2007-04731 to allow a six-foot landscape setback where the Code requires 10 feet was approved by the Zoning Administrator on July 5, 2007. This permit was never exercised. PROPOSAL: The applicant proposes to demolish 144 square feet along the front of the existing building. A 1,200 square foot addition is proposed on the east side of the building for a total of 3,398 square feet. The request also includes an increase in the number of leasable units from one to three units. The'proposed uses include a vehicle audio sales and installation business that would be operated by. the property owner, a retail use and restaurant use. The existing driveway on Lincoln Avenue would be closed and replaced with a landscape planter in compliance with Code. Vehicular access would be provided via two driveways on New Life Way. A CONDITIONAL USE PERMIT NO. 2008-05363 January 21, 2009 Page 2 of 3 landscape setback of eight feet would be provided along New Life Way. A fa~ade remodel is proposed to give the building a modern appearance. Plans indicate a Mission-stucco finish with metal awnings projecting over each storefront to accent the building. AI~TALYSIS: Following is staff's analysis and recommendations on the project. Co~nmereial Retail Center: A commercial retail center is defined by Code as any combination of two or more commercial businesses. Code permits commercial retail centers in the GG zone subject to the approval of a conditional use permit. The center currently contains a single tenant and a total of three units are proposed. The additional cornmercial space would be compatible with the adjacent commercial uses on Lincoln Avenue. - Automotive 1Viodification iJse: A conditional use permit is required for automotive repair and modification uses in the GG zone to determine compatibility with surrounding land uses. The applicant would like to establish an auto sound system sales and installation business. The installation of parts would occur inside of the building. While the garage bay faces the rear of the site facing the residential property, there would be a distance of over fifty feet between the opening and the property line. An existing row of mature Cypress trees would also serve as a visual buffer. Staff believes that an auto sound system sales and installation business would not have a negative impact on the surrounding uses with the recommended conditions of approval which prohibit outdoor storage and repair activities in the parking lot areas. Landscape Setback Variance; Code requires a ten foot landscape setback area adjacent to New Life Way, and seven to eight feet is proposed. New Life Way is a private street which provides vehicular access to the residential property to the north. Approximately ten yeaxs ago, the subject property and the property to the east each relinquished 15 feet to allow for the creation of the private street, while retaining access rights. Providing 15 feet for the private street reduced the lot width of the property, affecting future development of the site. The current site conditions do not provide any distinct separation from the private street and the two adjacent retail properties since no curb, gutter or landscape currently exists. Although smaller than Code requires, the proposed landscape planter, curb and gutter will improve the appearance of the private street and provide landscaping where there currently is none. Because there are special circumstances pertaining to this property and the commercial praperty to the east pertaining to the width of the parcels, staff recommends approval of this variance. CONCLUSION: Staff has evaluated the proposal to expand an existing commercial building to permit a total of three units including an auto sound system sales and installation business. The proposed uses are compatible with the adjacent land uses in the area and the new construction would revitalize the property. Additionally, the requested variance for a smaller landscape setback than required by Code is justified and the new landscaping wyll improve the appearance of the private street. Therefore, staff recommends approval of the proposal. CONDITIONAL USE PERMIT ~10. 2008-05363 January 21, 2009 Page 3 of 3 Respectfully submitted, ~~ ~~"~ Principal Planner by, Services Manager Attaehments: 1. Project Sumrnary 2. Draft Resolution The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 3. E~ibits (Site Plan, Floor and Elevation Plan) 4. Site Photographs ~ - A'T'I'AC ENT 1~0. 1 PItO.TECT SITIVIIVI~Y CO1~T1)I'TIOI~AL iJSE PE IT 1~10. 200~-05363 I)eVelo anent Standard Pra osed Pro'ect G-G Zane Standards Site Area .04 acre N/A Parking 26 19 Structural Setbacks North 32 feet 20 feet South 74 feet 15 feet East 20 feet 10 feet ` West none none Landscape Setbacks North 10 feet 10 feet' ~ South 15 feet 15 feet East 7 feet 10 feet West none none [ F~, RESOLUTION NO. PC2009-*** ATTAC NT NOa 2 A RESOLUTION OF THE ANAHEIIVI PLANNING COMMISSION APPROVIIVG A CLASS 1 CATEGORICAL EXEIVIPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05363 AND A PARKING VARIANCE ~ (2623 WEST LINCOLN AVENUE) WIIEREAS, the Anaheim City Planning Cornmission did receive a verified Petition for Conditional Use Permit to expand an existing single-tenant retail building to permit a total of three units including an auto sound system sales and installation business with a smaller setback than required by Code on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; WHEREAS, the property proposed for a commercial retail center andauto sound insta~lation business is currently developed with a freestanding retail building located in the General Commercial (CG) zone and the Merged Redevelopment Project Area and the Anaheim General Plan designates this property for Low-Medium Density Residential land uses; and WHEKEAS, the proposed request to expaand an existing single-tenant retail building to permit a total of three units including an auto sound system sales and installation business includes a variance of the following: (a) SECTION 18.08.060.0101 Minimum landscape setback. (10 feet required; 7 feet proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accardance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, ir~vestigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: l. That a commercial retail center aand an automotive repair and modificatian use in the General Commercial (C-G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.08.030.100 (Commercial Retail Centers) and 18.08.030.040 (Automotive - Repair and Modification). 2. That the requested variance pertaining to minimtim landscape setback is hereby approved since there are special circumstances applicable to the property because of the previous - 1 - PC2009-*'~* relinquishment of 15 feet to allow the creation of the private street, New Life Way. Providing 15 feet for the private street reduced the lot width of the property. 3. That strict application of the Zoning Code would deprive the property of .. privileges enjoyed by other properties with identical zoning in the vicinity since other properties in the area did not lose substantial use of their properties and since providing Code required landscaping would eliminate existing parking spaces. 4. That the commercial retail center and auto audio installation business would not adversely affect the adjoining residential and commercial land uses and the growth and developrnent of the area in which it is proposed to be located because the property is currently irnproved with a retail use and al~ work related to the vehicle modification would be conducted indoors. Additionally, the garage bays would be located at least 50 feet from the property line which is more than double than required by Code for a commercial structure adjacent to a residence. _ 5. That the size and shape of the site is adequate to allow the fiill development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the property is currently improved with a retail use and parking above what Code requires would be provided. 6. That the traffic generated by the market would not impose an undue burden upon the streets and highways designed and improved ta carry the traffic in the area because the number of cars and tnicks entering and exiting the site are consistent with typical retail businesses that would be permitted as a matter of right within the General Commercial zone. 7. That ~"*a` indicated their presence at said public hearing in opposition; and that 'k** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exernptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FLJRTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2008- 05363with a setback variance subject to the conditions of approval descaribed 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 the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on tl~e hours of operation or the duration of the use. Arnendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendm~nt to Permit Approval) of the Anaheim 1Vlunicipal Code. - 2 - PC2009-=r*~' BE IT FLJRTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon _ applicant's campliance with each and all o~ 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 FLJRTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 21, 2009, Said resolution is subject to the apReal 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. CHAIlZMAN, 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 City Planning Cornmission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 21, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS; NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: January, 2009. IN WITNESS WHEREOF, I have hereunto set my har~d this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-x** lf.~ ; T~T~ 66 A 99 Y'~ 8 A t'~ CONI)ITIONr~L i1SE PE IT NO. 20~~-05363 ,. - 4 - PC2009-x** ~~T D~~ 66D99 1~ d9 &) CO~TI)ITIO1~r~L iJSE PE1~I~IT ~10. 200~-05363 IgESI'ONSI~LE FOR NO. CON~ITIOl~S OF r~PPI~OVAI, 1VIOI~IITORI~IG ~I~I~~ 2'~ ~S,S~7~41~~'~ O~' ~4 ~rII.L1)~I1~G ~'~I~1~IT' O.l~ ~'~T'1~lIV ~11I~ (1) ~'~'AR ~'1t~1~1' T`~~ I~.AZ'E ~F T'Xl~ ~~~~LiTZ'IO1V, W~II~~E~~Il ~CC`~`7~~51~~R,~~' 1 That final building colors shall be submitted by the Planning applicant and approved by the Planning Department. - 2 That plans submitted for building permits shall public Works demonstrate that fire lanes shall be posted with "No Parking Any Time." ' ~ 3 ~That plans submitted for building permits shall Planning demonstrate that rooftop address nurnbers for the police police helicopter shall be painted in a contrasting color to the roofing material. Numbers should be four inches in height and two inches wide. 4 That plans submitted for building permits shall Police demonstrate that the business sha~l be equipped with an alarm system (silent or audible). I'IZfQR ~'~ T'11~1~4L ~IIIZI~lI`1~A~11~ ,~~1VING`I1~l,~~E~'T'10111 ~l~ C'~~11VIElY'C'~M~1~IT ~~ ' IJS~, Yvl~l~~'E~E`IZ OC'G'~IRS ~YIZ5T 5 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 are on file with the Planning Department Exhibit Nos. 1(Site and Landscape Plan) and 2(Floor Plan and Elevations)and as conditioned herein. 6 'That the applicant shall construct a 5 foot wide sidewalk Public Works adjacent to the right of way line, adjacent to Lincoln Avenue, in conformance with Public Works Standard Detail No. 110-B, ar~d install landscape and irrigation between the sidewalk and curb. The developer shall obtain a Right of Way Construction Perrnit from the Public Works Department. " 7 That the business owner shall File Ernergency Listing ~ Police Card, Form APD-281, with the Police Departrnent, available at the Police Department front counter. - 5 - PC2009-*** SPONSI~I.E . FOR 1~T0. C01~1I)ITI0~1S OF APP~t0~1AI. 1VIOI~IITOI~I~iG 8 That the business owner shall complete a Police Bt~rglary/Robbery Alarm Permit application, Form APD ~ 516, and return it to the Police Department prior to initial alarm activation. (~EI~I~ `L C'O~IDITI~Il~;~ = ~~IG~l1NG I)ll~11~1~ ~~'El~i7'.~~N 9 That all uses shall be conducted wholly within the Planning building. ~ 10 That outdoor storage shall not be permitted. Planning 11 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 regarding any other applicable ordinance, regulation or requirement. 12 That extensions for further time to complete conditions of Planning approval rnay be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 13 Tl~at timing for compliance with conditions of approval Planning may be amended by the Planning Directar 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 (zii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 6 - PC2009-a`*'r item ivo. ~ ~----- ~ .~ ~.L ~ _._ o . GLEN HOLLY DR ' I ROBIN HOOD MOTEL ~_C, ~~ d ~~ ~~ ~ ~~~ ROYALPAC:IFICINN ' RS-2 ~ p o RS-2 ~ 1 DU EACH A W ~ ~ a GG GG .~~~ ~ ~ ~; ~ ~ . I ECONOMY INN TRAVEL INN MOTEL ~ - Y ~ Q e . ~ Q Q ~ ~ ., . ' : RS-2 ~' = U ~ RS-2 C-G GG ~ : _~ ~ j 1 DU EACH ~ G 'SMALL SHOPS SMALL SHOP LYNDY'S MOTEL . STATIpN ~ B ~ ~~ m~m .. . ~ . ~ BALL ROAD _ westAnaheimCommercia~ T (MHP) MOBILEHOME PARK Mobile Home Park Overlay Zone January 21, 2009 Subject Property ^ Corridor Redevelopment Area e '~ C-G C-G ~ ~. DENTIST DRIVE-THRU ~ G REST. ~ ~ 'DRIVE-THRU '. - ~ ~~ RM-2 e RESTAURANT ~. ~ ~ ~~ C02 pOS.~ ', c ~ Q r ~ ' ~ ~ -m ' C_ G ~ I w GG ~-~ GG -1 SMALL SHOPS 2 DU ~ ~ A SMALL SHOPS ~ -- - Q m~m C~ - ' 622' ~ _ . C-G U C-G (M H P) TiM 11364 CUP 2625 Q MOBILEHOME PARK RCL 92-93-09 CUP 51 W Moblle Home Park Overlay Zone RCL 68-69-11 VAR 2001 m T-CUP 2008-05376 EIR 312 " T-CUP2005-05012 (CUP 2005-05026) ~ CUP20p3-04815 (RGL80-81-21) CUP 3978 (CUP 2164) CUP 3608 PICK YOUR PART e ~A~ E' E '1 ~ J ~e~ E% c •~, p o t. c m. m ¢ 1 v~ PICKYOUR PART Gonditional Use Permit No. 3608 (Tracking -No. CUP2008-05376) 1235 South Beach Boulevard GG HOBBY CITY Anaheim Ciry Limits o~ o e a ~ a e~an ,~o,u.;ms emqe.~nam o Stanton City Limits I ! ADVENTURE CITY AMUSEMENT PARK ,w 'Z W.ORANG EAVE~~-~?w ~~ a .m~~ ;w ;:a a ~ w.,. w o ~ ~ ~ ~o a w ~; ; . ¢ ~F W.BAILAD ~~__,"~ O Z ~ ~~ 0m Y (/j ~e ~ ~ m ~ ~ ~m ~ ~ . CERRITOS AVE a .CERRITOSAVE ~ 10683 ITE N m ~ PI~A II~G CO ISSI 1~ AG~ A P T' City of Anaheim 1'LAI~TII~TG I~EPAI~T E1~TT DATE: JAl~TUAItY 21, 2009 I+'ROIdI: PI,ANI~Il~TG SEI~VICES AGEI~ ~l'1v~ S~L' y ~R~.~CT PLf~~ER SU~JECT: Il~iSTAT~IVIENT Al~iI) AlVgE1~TI)IVIEl~~ OI+ CONDITIONAL iTSE PE IT 1~10. 3608 (T~CKING 1~0. CUP2008-05376) LOCATION: 1235 South Beach Boulevard ' AI'PLICAI~T/PROPERT'~' OWNER: The applicant and property owner is Cindi Galfin with Pick Your Part Auto Recycling. QUEST: The applicant requests to reinstate a previously-approved conditional use permit for an existing automobile recycling, dismantling, and sales facility and arnend the permit to delete a condition of approval pertaining to a time limitation. CONd1VIENDATION: Staff recommends that the Planning Commission adopt the attached resolution determining that previously-certified Environmental Impact Report No. 312 is the appropriate environmental documentation for this request and approving the reinstatement and amendment of Conditional Use Permit No. 3608. BACKGROUND: The 4.5-acre property is currently developed with an automobile storage area and office building at the west end of the property and a customer parking lot at the east end of the property. Part of the business is also located on the adjacent parcel to the south in the City of Stanton. The property is located in the General Commercial (C-G) Zone. The property is also located in the Merged Redevelopment Project Area. The General Plan designates this property and properties to the east and south for Neighborhood Center land uses. Properties to the west are designated for Low Medium Density Residential land uses. On November 9, 1993, the City Council approved Conditional Use Permit No. 3608 to permit an automobile recycling, dismantling, and sales facility for a period of five years for the portion of the business located in the City of Anaheim. The time ~ limitation was placed on the permit because the Council had concerns about the potential impact of the business on the adjacent residential properties. T,The Council also had concerns about potential environmental impacts such as heavy equipment noise, soil contamination, polluted water runoff, and hazardous material disposal. Since the business includes property in the Cities of Anaheim and Stanton, there is a also a revenue sharing agreement between the Cities. Because of this agreement, this permit also includes a condition stating that this permit is contingent upon the City of Stanton's approval of a conditional use perrnit for the portion of the CONDITIONAL USE PERMIT NO. 3608 January 21, 2009 Page 2 of 3 business site located in the City of Stanton and the continued validity of that permit. On August- 31, 1998, the Planning Commission approved a reinstatement of this permit for a period of ten years, to expire on November 9, 2008. In 1993, the City of Stanton approved a development agreement and conditional use permit to permit an automobile recycling, dismantling, and sales facility on the 3.7 acre portion of the business located within the City of Stanton for a period of five years. On November 10, 1998, the City of Stanton approved a reinstatement of this permit for a period of fifteen years, to expire on November 10, 2013. PROPOS~I.: On October 10, 2008, the applicant submitted a request to amend and rei~state the permit. Code allows the applicant to submit a request for a reinstatement no later than six months after the expiration date of the permit. The applicant requests that the conditional use permit for the existing automobile recycling facility be reinstated~with no time limitation. The applicant has stated that there are no plans to expand or alter the existing facility. ~ r~NALYSIS. A time limit was placed on this permit to ensure that the business would not create significant environmental impacts nor have an adverse effect on adjacent properties. Since the original approval in 1993, the business has operated in conformance with the permit and conditions of approval. Code requires findings for the approval of a reinstatement and deletion of a time limitation. The findings relate to condition compliance and safe operation. Code Enforcement Division staff conducted an inspection of the property on November 4, 2008, and did not observe any Code violations. Since approval of the last reinstatement request in 1998, there have been no violations on the property and no changes to the General Plan and Zoning Code that would affect this project. Staff recommends the deletion of the time limitation; however, this permit would still be subject to the continuation of the City of Stanton permit. CONCLUSION: The condition of approval regarding a time lirnitation was in place to ensure that the business would not create significant environmental impacts nor have an adverse effect on adjacent properties. The deletion of the time limitation is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate for the site and the surrounding area. Staff believes that the periodic review of the use is no longer necessary. Staff recommends approval of this reinstatement request and removal of the time limitation. Respectfully submitted, ~~~ ~j~~-~ Principal Planner E4ttachments• 1. Draft Resolution 2. Justification for Reinstatement 3. Code Enforcement Memorandum Concurred by, ~~ ~~,` ~ ~ Planning Services Manager CONDITIONAL USE PERMIT NO. 3608 January 21, 2009 Page 3 of 3 The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 4. Prior Staff Report 5. Prior Resolutions 6. Site Photographs ~ FT] ATTAC ~1T NO.1 RESOLUTION NO. PC2009-a`*a` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT THEPREVIOUSLY CERTIFIED ~ ENVIRONiV~ENTAL IMPACT REPORT NO. 312 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING A REIl~TSTATMENT OF CONDITIONAL USE PERMIT NO. 3608, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 93R-220 (TRACKING NO. CUP2008-05376) (1235 SOUTH BEACH BOULEVARD) WHEREAS, on November 9, 1993, the Anaheim City Council adopted Resolution No. 93R-220 granting Conditional Use Permit No. 3608 to ~ermit an automobile dismantling, recycling, and sales facility at 1235 South Beach Boulevard; and that Condition No. 2(a) of said resolution specifies that the use is approved for a period of five years, to expire-on November 9, 1998; and ~ WHEREAS, on August 31, 1998, the Anaheim City Planning Commission adopted Resolution No. PC98-138 granting a reinstatement of Conditional Use Permit No. 3608 and amending Condition No. 2(a) of Resolution No 93R-220 to permit the use for a period of ten years, to expire on November 9, 2008; and WHEREAS, this property is currently developed with an automobile storage area and office building at the west end of the property and a customer parking lot at the east end of the property; the underlying zoning is General Commercial (GG); and the Anaheim General Plan designates this property for Neighborhood Center land uses; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a reinstatement of Conditiona~ Use Permit No. 3608 to retain a previously-approved automobile dismantling, recycling, and sales facility and to amend the perrnit to delete a condition of approval pertaining to a time limitation pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and re~orts offered at said hearing, does find and determine the following facts: 1, The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. - 1 - PC2009-=k*'r 2. The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally ap~roved. 3. The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 4. With regard only to the deletion of a time lirnitation, such deletian is appropriate because it has been dernonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. ~. That the existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. ~ 6. That the use, as reinstated and amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. ~~ 7. That the size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety. 8. That the traffic generated by the existing use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9. That the granting of the reinstatement of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 10. That *~`* indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED, that the Anaheim City Planning Cornmission has reviewed the proposal and does hereby find that the previously-certified Environmental Impact Report No. 312 in connection with Conditional Use Permit No. 3608 (Tracking No. CUP2008-05376) is adequate to serve as the required environrnez~tal documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve the proposed reinstatement of Conditional Use Permit No. 3608 to perrnit an automobile dismantling, recycling, and sales facility on property located at 1235 South Beach Boulevard as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Cit~ Council Resolution No. 93R- 220 and as adopted in connection with Conditional Use Permit No. 3608, to delete the tirne limitation and to read as shown ira Exhibit "B" attached hereto and incorporated herein by this r~ference, which conditions 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 FiJRTHER RESOLVED, except as otherwise amended herein, Resolution No. 93R-220 remains in full force and effect. - 2 - PC2009-x~* BE IT FLTRTHER RESOLVED, that this permit is approved without limitations on the - holus of operation. The duration of the use for this permit is contingent upon the continued validity and exercise of Conditional Use Perrnit No. C93-6 approved by the City of Stanton. In the event the Stanton CUP is revoked, ternunated, or expires, or the use authorized by said Stanton CUP within the City of Stanton is discontinued, terminated, or abandoned, this Conditional Use Permit and all rights hereunder shall immediately terminate and be rendered null and void without further action being necessary. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FLTRTHER RESOLVED that the Anaheim City Planning Comrnission 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 conditzon, 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 FLTRTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 21, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COL7NTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 21, 2009, by the following vote of the members thereof: - 3 - PC2009-**a= AYES: COMMISSIONERS: NOES: COMNIISSIONERS: -- - ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of January, 2009. SENIOR SECRETARY, ANAHEIIVI PLANNING COMMISSION - 4 - PC2009-a'** ~~~I~~~ 66~99 COI~1I)ITIONAI. LTSE PE IT ~10. 360~ (T~C I~1G NO. CiJP200~-~5376) , - 5 - PC2009-*x* EXI-II~I~' 66~99 C0~11)ITIOI~IAI, iJSE PEItIVIAT NO. 360~ (T C l~tG NO. CiJP200~-05376) SPO~TSI~LE F~R NO. C0~1I)ITIONS OF APP~.OVAL 1VIOI~IIT0~2II~TG GENE~4L 1 That no permanent storage of vehicles shall occur in the vehicle Code Er~forcement ' verification/auto sales area which is intended only far the ' temporary holding of vehicles pending registration verification and possible sale. Further, no temporary or permanent storage of , ~ vehicles shall be permitted in the customer/ernployee parking lot. 2 That if any contamination has occurred, the permittee shall be Planning, Public responsible for all remediation reqt~ired under applicable federal, Works, Code '' state, and local laws and regulations, including the costs thereof, Enforcement and shall prepare a plan to complete, and shall in fact complete, said remediation in accordance with a reasonable time schedule approved by the Planning Department subject to any applicable federal, state, or local laws or regulations or the requirements of any enforcernent agencies involved in the remediation. 3 '! That the parking area shall be gated (in a manner approved by the Code Enforcernent City Traffic and Transportation Manager) during non-business hours to prevent people frorn using these areas for automotive work or abandoning vehicles after hours. 4 That the applicant shall hire and maintain uniformed security Police/Code personnel to prevent the customer parking area from being used by Enforcement customers for automative work during operating hours. No ' vehicular repair shall be permitted in the parking lot by either customers or employees. 5 That the applicant shall take all steps reasonably necessary to Planning assure that not less thar~ fifty percent (50%) of the local sales tax revenues generated for the entire nine (9) acre site are received by the City of Anaheim. In no event shall the City of Anaheim receive an amotmt less than the actual local sales tax revenue received by the City of Stanton. The permittee shall allow the City of Anaheim to audit the collection of these tax revenues. - 6 - PC2009-*~`~` ~SPONS~I.E ._ FOR 1~i0. CO~TI)ITIOI~TS O~' r~PPItOVr~L IVIONITORI~IG 6 That the applicant sk~all comply with all terms, conditions and Planning mitigation measures contained in Mitigation Monitoring Plan No. 69 (which plan is on file in the Planning Department and is incorporated herein by this reference) and the applicant shall be responsible for compliance and any direct costs associated with said Mitigation Monitoring Plan No. 69 as established by the City and as required by Section 21081.6 of the Public Resources Code ~ to ensure irnplementation of the mitigation measures in said Plan. 7 That trash storage areas shall be provided and mair~tained in a Public Works location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building pernuts. 8 That the operation of subject business shall utilize only (a) six Code Enforcement thousand (6,000) polmd forklifts to move vehicles throughout the site and (b) a 645B loader in the shipping area, as referenced in the revised Noise Assessment dated August 23, 1993, or sirnilar equipmea~t when such equipment is neither larger nor noisier than specified herein. 9 That the applicant shall be responsible for any direct costs Public Works associated with any fines or clean-up related to the contamination ' of the property (including the local storm drain system) resulting from the construction, operation, maintenance, and/or closing of subject ~acility. 10 That this Conditional Use Permit is approved for a single project, a Planning portion of which is located within and subject to the jurisdiction of the City of Stanton. Exercise of this Conditional Use Permit is expressly contingent upon the continued validity, and exercise by ' the permittee, of Conditional Use Pernut No. C93-6 (the "Stanton CUP") and Development Agreement No. 93-01 (the "Stanton DA") adopted by the City of Stanton. In the event the Stanton CUP andlor DA are revoked, terminated, or ex~ires, or the use '~ authorized by said Stanton CUP and DA within the City of Stanton is discontinued, terminated, or abandoned, this Conditional Use Permit and all rights hereunder shall immediately terminate and be rendered null and void without further action being necessary. - 7 - PC2009-~'*~= I2ESPOI~SI~I.~ _ FO~ NO. C~NI)ITIONS OF APPItOVAL 1VI0~1I~OIt~NG 11 That the applicant shall be responsible for maintaining the area Code Enforcement adjacent to the prerxiises over which they have control, in an orderly fashion throtlgh the provision of regular maintenance and removal of trash or debris. Any graffiti paianted 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. 12 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned ~ herein. 13 That approval of this application constitutes approval of the Planning proposed request only to the extent that is complies with the Anaheim Municipal Zoning Code and any ather 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. - 8 - PC2009-'r.*:r AT'TAC E1~TT I~Oa 2 JUS'~IF1~AT'~~~ ~~~ ~P~Li~~~'I~ C~F P'f~K'~~U~ P~R°T FOR R~~~ A~f~EI S7"~T~ ENT C)~ ~~~DI'i"'~~ ~B~ U~E ~~6~ 1T ~~. ~~~~ _ ~'h~ ~om~~r~v. Th~ Applic~nt, f~ick Yc~ur P~r~ ~~~c~ Wrec~ing, dcaing b~asine~s as ~'ick ~o~ar !'a~c Auto F~ecycling ("F~~P" or "the ~~rr~p~~y„ ar "~~r~ ~1~p~i~an~"), W~5 ~`Oll11dE'~ lil '~~7~, ~nd has op~r~ted t~e exist~r~g ~aci~ity loc~~ed ~f 123~ ~. ~each E3oul~v~rd, A~~h~ir~, California, ~s~~er C~ndi~ion~( ~s~ Permig RIQ. 3608 sin~e 1993, and prior ~o fhat urtd~r ~ differenf per~it fror~ 1983 fhr~ugh 1990. PYt' is c~r~e a~ ~alif~rnia's le~ding in~~p~r~de~t seE~ service used ~u~o ~~r~~ nehnrorks a~d saappiiers c~f c~r b~adies to rrae#~1 r~cycfers. PYi' c~wns ~~d ~perates nin~ ~utv~nbile s¢I~ uerr~r~c~ disr~~n~lin~ a~d r~cycli~g ~~rd~ ~h~augho~t C~Iir~r~i~, primarily ge~er~ti~g rev~~~~ through retail admissi~~~, ret~i6 ~~ta p~rts s~les, pr~~~€a€~n ~ufio p~rts ~~le~ a~d the ~~I~ c~~ compacted c~r badie~ t~ d~nnestic and infierr~~fi~as~~! scr~p tr~eta! re~ycZers. As one ofi the l~rgest aut~ r~cyclers in ~outhern Califc~rnia, PY~' p(~ys ~ sign~fic~nf role in accumulating and s~pplying used au~o p~rts and scrap metals ~c~ ifs c~asfipmers fihroughc~u~ the great~r C1r~r~ge CQUnty a~d Las ~ngeles areas, and in particular to the r~sider~ts of fihe City af An~heim. tn these chaiienging economic fimes, the ~ornpa~y's operatior~s at th~ subj~cf prop~rty b~nefits the laca~ econorny by s~pplying Iow-cost used ~uto p~r~s to i~s ret~il cusfiorners, Os'~(.'CI11g ~Yl ~'X~C;~1SiV~ Id1V2~1'~OT'v C3~ 1(C?~'1fC{~S '~~'l~f 3S ro~Ea#ed r~gularly fio provide ample part selecf€or~ and a cansist~r~cy in par~ ~upply: PYp's c~as~omer~ irtclude sma(1 ~~to bady shops, do-it-yaurse~f individuai mech~r~ics, hofabyista ~nd ofher value-arien~ed cus~omers. in addi~ion to praviding employment oppor~uni#ie~ ~o iocal residents, ~he Comp~ny h~s developed ~ large base of laya~, repeafi seff~service cus~om~rs which come from ~he surrounding are~s ~ri€~ging si~r~ificanf s~l~s ~~x rever~ue~ ~o the Ci~jr c~f A~~heirn a~s wefl ~s revenue fior surrt~~a~ding I~oc~l bcasi~esses. PYP•anaheimcup.just3.doc - ~ - ~ ~'~''~ ~ours of ope~atic~t~ for ~his I~c~~i~n ~re: S~amm~r: ~'Ic~r~d~y - S~~urd~~ 7:30 arn -~:(~Q pm Sund~gr 8:00 am - ~_fl(~ pm Wit~te€': Mot~d~y ~ a~turd~y 7:30 ~m - 5:(~ti pt~ ~u~td~y ~:OQ ~m - ~:0~7 pm P`(~' ~~ftcierttly pur~h~ses, prvicesses ~nd recycl~s a high volum~ o~' c~r bodies - an~ fif~~reby c~~trib~~~s ~o aur ~z~untry's ef~c~rts tt~ pres~rv~ o~ar e~viro~m~nt, co~Se~re its n~~ural r~~~urc~s ~nd reduce green-h~~ase g~s emi~sfc~~s. In additior~, F~YP serves ~i~e cammunifiy under cor~~r~cf ~vi~h the St~te o~ ~ais~orni~ ~nd the ~CAC~MD, and is ins~rum~nfia! ir~ the disrn~n~lin~ ~r~d recycling of a I~rge voi~me Qf preT1983 ~ehicles ~i.e, ~he he~vy pc~liuters} thaf are remov~d frorr~ ~Y~e ci~y s~ree~s ~nd destrayed by ~Yf' ~n behalf of t~ese ager~cies. Furt~-er, P~lP's operatians afi the subjec~ proper~y ~re "state o~ ~he ~~t", ~nrhich has ;_ en~bled th~ Cc~rn~~r~y to rnaintain an ou~~tanc~dng r~cord rnrith respec~ tr~ t~e heaffih and s~f~#y af i~~ c~~~o~~rs, neighb~ars ~~~ ~~e gener~l p~~l~~, ~~ ~el~ a~ corr~pii~r~ce wi~h occ~p~tipr~ai s~~~ty and e~~iron~rt~nt~! reg€~I~~i~r~s. ~~ ~~~~ ~~r ~~~r~~~~~a ~f E~~~ti~ ~~~~i~~~n~l 1~~~ P~~~~~. ~'~e Comp~rry has c~perated p~~ aufio r~cycling ~ac~l6~ ~fi ~h~ subjec# re~l prop~~y si~c~ 1983. Afk~;~ accupyir~g th~ r~~l pr~per~y u~d~r ~ lease f~orre ~he fa~rner owners, the Cam~~ny acq~ired fee ~i~le tfl ~h~ reai prcaperty in Fe~rua~y 19~8. ~"he s~f~jecf real prope~y ~nd the f~cility lies vn ~h~ b~rder of th~ Gities of Anaheim and S~anton; therefore, fiif[e tc~ ihe re~l proper~fiy was conv~yed ~y two separ~t~ gr~nt deeds. Thereaffer, on or abo~t August 25, 2~08, PYP transferred fihe subj~~f property to a n~v~ly f~rmed enti~y; ~d~~li .~?r.~per~~es,. .LLC, a. .Del~ware limited liability co~npar~y. ("Pi~#VI°'), ~r~d ~hen leased the pre~per~y ba~k ~-om P~4U~ under the terms o~ a long-term le~se. Gc~pies o~fi ~h~ grant deeds evidencir~g th~ afar~m~nfioned ~ransfers c~f tl~e real prope~ty, toge~her vvith a copy of a Prelit~in~ry Title FZepa~ which w~s recently ~ap~a~ed, ar~ aifiached herefa cogle~tively ~s Exhibi~ "'t" ~nd incorpora~ted herein by referer~ce. pyp,anaheimcup.just3.dac - ~ - ,` Th~ ~omp~ny is prese~tly ~perafing its auta r~cycl~ng facility under the sanctoor~ of Gonditicr~~l C9se Permit ~€~. 3608 (the "~UP"). ~he ~UF' was originaily issued or~ . ~fav~rnber 9, 1993, by fhe Ar~~f~eirn Ci~y ~ounsel`s admp~ion of ~esolutio~ N~. 93R-220, fi~~ an ir~ifii~f periad o~ six (6} year~. Th~e Ct~L' was thereafter rene~nredlreir~~#afed fior an addition~l te~ (1~) year~ term as provided by 6~~soiufion f~o, PC98-138, v~rhic~ vuas adopteci and ~ppro~ed by fhe Planning Cammission o~ ~h~ City of Ar~aheim on Augtasf 31, 1998. A copy of Resolution Nfl. ~'C98-138 is ~~ttached hereto as Exhsbit "2" ~r~d irt~c~rpor~~ed hereirr ~y referen~e. The exis~ir~g ~6JF' i~ du~ fio ex~i~e an or ~b~ut ~ov~€~ber 9, 200~. ~s indic~t~d above, ~h~ ~c~bjec~ re~l pr~per-~y ~tr~dcl~es ~~e border of l~nahei~t ar~d ~ta~~on; therefc~re, k~`~F' h~s obt~ir~~d prc~p~r a~~hori~afiior~ a~d permifiti~tg fram both cities. The condifiian~l use p~rmst fio~ the operafiion o~F th~fi pc~r~ion of the premis~s vuhich lies v~+itf~in the Ci$y t~fi S~anton was {ast reneon~~d ort or ~baut Nc~v~rrsber 10, 1998 ~rn~i~h two autom~tic five year~ e~en~ior~sj, ~rad w1d r~~afi expire unti~ ~Vovember ~ 0, 2013. The GUP covering th~ subject praperfy wi#hir~ the ~i~ ~g Anah~im permits th~ op~ration of an automobile fl~id drainage facili~y, used ~u#omobii~ sales and ~ par~Cing lo~ in conjuncfiior~ with fhe Company`~ ~u~omobile dismantli~g and recycling operafiions, ar~d its re~~i! s~les of used auto p~r~s which occurs on the St~ntan side af fhe subjec# prop~r~ty, Any ~nd all cor~dotior~s of approval pertainin~ to the existing ~as~ p~rmi# ha~e been ar~d ~re bei~g com~al6ed with. ` ;ectiar~ 18.60.7 80 of f~e /~naheirn Municipaf Ccsde pravides ti~at a cc~nditinn~l use perrnit m~y be re~ev~redlreinst~tecl, pravided a wrif~en req~es~/applica~ion for such extension i~ fled ~nd subrnifted vuithin six (6) months following the expiration date of th~ permit sought to b~ r~r~ewed. Therefore, #he within applicafion is tim~(~. ~"he Ar~~h~irry ~€~r~i~~p~l G~de ~n~ c~~~4~1 pu~slic~ticans ~ut~i~e v~ric~u~ ~~cto~~ ~o be ~~dressed by the ~~plica~d ~~t~ fh~r~ cor~sidered by th~ Zoning Ac~m6~istr~tc~r andlQr ~I~r~r~i~g Carnrt~is~i~n ir- determir~irag ~rh~ther ~he ~~JP shou~d b~ ~~tended. The Ccr~~~r~y ~ubr~its tha~ ~ reuier~ ~fi t~e~e fac~vrs sup~or~~ fhe rer~~w~llrei~~~afieme~~ o# ~h~ G~1P. Fo~ e~car~ple, r~a struc~csr~l ~d~ities~s ~~d/or ~Iter~tior~s ~re ~~i~g r~q~~sted, ~nd the ApPlicant is c~r-1y s~e~i~g ~ut~ori~y fo cnr~tinu~ its e~~s~in~ a~ad v~~f1-e~t~blish~d ~~e of fh~ p~operty. The .~l~~u~e of.th~~ Cc~mp~~y`~ opera~ior~s. ~~ ~he pr~oper~y have r~~~ changed .. ~ir~ce the issu~r~ce of ~he sxisting us~ p~r~it, and th~ conginu~tion of th~ Comp~r~y's curr~~~t ~pera~i~-ns ur~~~r ~ re~~wed CUP would be co~si~Ye~t at~d Gc~rrr~plerr~~nt~ry wit6~ ~h~ ~.d~e and oper~teor~ a~ ~he surr~ur~ding b~asinesses. pyp,anahaimcup.jusi3,doc - ~ - Alt~ough ~here may ~ave be~~r some z~nir~g ~h~nges v~rhic~r ~ffect some propert~~s i~ the vicinity, ~Ft~ f~nd uses of the prape~ties ~hich are ~dj~c~n~ fa the PYP fac~fity ha~re r~af c#~ang~d sir~ce the origin~~ issuance of the CIiP. ~flor~aver, Siven the gener~l e~o~~rnic downturn, "mortg~gelhousirtg crisis" "gas crisis", and lac4~ ofi econamic fea~ibifi~y fvr exparrding residential develapment anyuvY~ere ne~r #he sub~ecfi proper~y anyfiir~e ~o~n, the conti~ua~ior~ o~ fihe e~i~fing ~€se ~s ~nd wi~l be th~ high~st ~nd best use of ~he pro~~rty for ~he fareseeable future. T~te Company h~s rern~ir~ed in campfiar~ce wifih all applicable codes ~nd reguiatians sinee issuance of fihe exisfiing CUF'. To fihe knowl~dge of the Campany's mar~~gemer~fi, ~h~re ~re no proceedings either pen~ing ar threatened ~g~ins~ the Company relafiing ta any ~Ilege~l cade violati~ns. The physic~i aspects of the properky h~ve r~Qf changed since the issuat~ce of the ~~lP. 9n 1993-1994, the Ca~npany mad~ a significa~nt ~ir~~nci~l i~ves~ment for upg~ading the qu~lity o# the exfierior fencing and landscaping, praviding` adequafie scr~er~i~g and ~ pleasa~t appearance fronting Seach ~c~ulevard, ~oge~her with oth~r costly ~apgr~des ~ha~ ~rere made ~c~ ma~e the property mor~ environr~enfially firiend4y. 7'h~t, with the Camp~ny's or~going attention ta needed repairs a~d maintenance h~ve ra~ad~ ~his fa~cilify the Comp~ny~s "flagship'~ vperafiion. A complefie phato sssay af the subjec~ ~~~pe~y, v~~ich d~m~~~~¢`~~e~ ~h~ C~rr~p~~~'s co~s4inuir~g c~~ras~i~r~er~t ~o t~~ ~~sfih~fic qu~lity ~~ ~h~ ~~bj~~t pr€~~~~ty ar~d ~~rr~~anding ~~~~, i~ ~~~ch~~ h~retc~ a~ ~xhibifi "~~~ ~nd i~cr~rp~r~~ed h~r~:in by referes~~e_ Th~ s~~rjc~~~ pr~per~ ~s I€~c~~ed on ~~~~~5 ~c~~alev~rd j~~~ s~u~h o~f B~~I 'F~~~d. ~as~d ~p~~ i~s curr~n~ c~nfg~ar~fion ~rtd approered acc~ss p~tt~rr~~, ~9~~ Ccst~p~ny°~ cor~fiin~ae~ oper~fis~n~ ~nr~~1d nat i~fier~ere vvi~h ~hroeac~h tr~~ic ~ndlor devel~prr~er~~ ~~ th~ sa~rro~nding ~re~s. A si~e ~~p sho~rving th~ facativr~ ofi the s~bjee~ prc~p~rty is att~ched ~aeret~ ~s E~h~bifi "~„ ~~d i~corporafed hereir~ by ref~r~~ce. T9~e C€~rrtpany is also ~t the fore~ror~t o~' envirc~nr~ent~9 compliance, anrhich €ncludes its ongai~t~ imp6errsent~~i~n o~ best m~n~g~menf prac~ice~ ~onc~rnir~g storrn ~~fi~r. !r~ ~ha~ reg~rd, ~ copy o~ ~~e Company's most recen# ~torm 1N~~er F~ollu~€or~ Prevention Pl~r~ dat~d A~gusf 18, 20Q8, is ~tiache~ hereto as ~hibit ,~5" and incorpo~-at~d l~er~ir~ by reference. La~tly, . Pick Your Part is . a"g~od neighbor" who. over tl~e years has est~blish~d ~nd m~inf~ins great rela~ior~ships wi~h adjoining busiraesses ~r~d residenfis, including the residents of An~heim ~obi4e ~sfates (f~~ wham th~ Cornpany h~sts an ann~aa4 halid~y ~a~Y)~ ~~~,~~~~d ~~~d~~~~. Ba~~d upon the ~'Qr~goir~~, i~ i~ resp~cfift~~ly submi~~d fh~~: pyp.anahe9mcup.just~.dac - ~ - ;` ~ Co~difiio~al Us~ Permit Na. 3G0~ is being ~~ercised su~st~nti~~ly in t~te s~me ma~ner ar~d i-~ confc~rrnance with ~~I cc~ndi~ior~s ar~r! sfipu~afions c~rigi~~ll~ :., . approved. ° Condi~ianai Use Perrnit @~o_ 3608 is being exercis~d in a m~nner nafi defirimen~~l fca ~he partic~lar ~rea ~rad surro~nding l~znd ~ases, nor ta the pub[i~ peac~, he~lth, ~af~ty and gen~ral ~elfare. • T~e existing u~e is, ~nd th~ c~r~~insaa~iort ~~erec~~ ~r~uld be, ~rap~rly one for v~hich ~ c~ndi~iar~~i use ~ermi~ is ~ufhorized b~ the ~onir~~ Gode, ~r is an ur~tisfed use as defr~ed in s~b~~c~e~sr~ .030 (lJnii~~ecP ~Jses Permi~ed) of ~~cfiion ~~.66.04~0 (~Pprov~! A~~ho~i~y) of t~~ ~Onaheim ~ur€icipaf Code. m The ~xis~ing ~se daes no~, ~~t~ ~~tE,' CE~IE?~14121IA9'@li'1S~c'~$E.'iTt~'91~[ O~ C:OI'~~6~10~'l'c~I US~ P~rrr~it ~to. 3~~~ rnroulc~ not, ~dv~rs~ly ~ffec~ t~te adjc~ining f~nd us~s ~r ~he grov~fih and dev~lopmen~ ~f fihe ~re~ in which th~ subjec~ prciper€y is lacated. ~ . a The siz~ and shape af the subjec~ p~operfy is adequ~te ta a(low the exis~it~g use and cantinuatior~ the~eof in a m~r~ner no~ detrirr~ent~l t~ the siarrounding ~rea or t~ health artd saf~~y. ~ T~e tra~i~ gene~ated by ~he e~isting use do~s no~, and ~he continua~ior~ thereof w~uld not, 'rmpose ~n ~nd~re burden upon f~~ ~treets and highvvays desi~ned and 3mproved ~a carry fihe ~rafF~ in fhe ~re~. m The grar~ting af the rene~rval/reir~sfafiennent of Conditian~l Use ~'~rmifi ~lo. 3605 under fihe c~nditior~s imposed, i# ar~y, wil! nog be de~rimen~al ~o fih~ heafth and safety af the citi~ens of Anaheim. pyp,anaheimcup.jusf3.dop - ~J' - ~IV~-f~~t~FOR~, ~iC~ ~~ur Pa~ 6~ereby requests ~h~~ ~anditior~al ~lse Perrni~ ~fa. 36~5 b~ ~~end~d fQr ~ p~ric~d o~ fi~e~n (1 ~) y~ars. ~lat~d: ~ep~errt~er 3Q, 2008 ~~specffu#ly ~ubmiffed, f'IC~C YOC~9~ ~'ART AIJI"C3 WRECf~ii~(~,~ a Californi~ corporation gy: ,...~ ,~.,-.. ' . Cin~i ~. G~B~n, Vi Pr iden~ pyp.anahefmcup.jusk3.doc - ~ - t~TTr~C ~~1T NO. 3 1~~M01~~~~U1~ CITY OF ANAHEIM Code Enforcement Division DATE: November 5, 2008 TO: DAVID SEE, PLANNER FROM: ROBERT HAPPLE #1023, CODE EIVFORCEMENT OFFICER e SUBJECT: 1235 S. BEACH BLVD. On November 4, 2008, I conducted an inspection of the property ~ocated at 1235 S. Beach Blvd. The inspection was in regards to Tracking Case No: (CUP200&05376) to reinstate a previously- approved automotive dismantling and recycling facility. Upon inspecting the property, I did not observe any violations of the Anaheim 1Vlunicipal Code. If you have any further questions, please contact me at ext. 4~80. Item No. 9 a ¢ ~w UJ ZZ O¢ Q~ t)w ~ ~ _ ~ ~W 4w O¢ U ~ mo rw ~ w ww ~0 w~ 1=z wz Y Z Z ~Z Z QD ¢~~ `u~i~r~ ~0 zf- wo <> Yf/I tl](O ~Q ¢ ¢r ~i- mVl WU] ¢~ tn¢ a~ ar Sm Wfq > 6~ » > ~o~ rm ra ga f/JUm . LL~ w60 YQO OQO m 3c~¢ C7o¢ oo¢ ~ s~ ~ ~~IN~~ ORANGETHOFPE AVENUE ' e~~= LA PALMA AVENUE ^t':%~ '~°'~~. ~%~ i ~,.:.k'~' ~. r e . . Y r~. ~~~ LINCALN ~~~~~ AVENUE ~ r BALL ~ aa a~ Z w ° ROAO s ~- o ~w < ° KATELLA ~"%e' a N Q AVENUE CHAPMAN AVENUE N ¢ w x> ~~ O¢ ¢~ cZ'Jw YN m Yw o~ O¢ c~¢ mN ¢¢~ ¢~j ~¢ w ~o m ~Q W~ 2[A SN y~~ 1 V Ja~nuary 21, 2009 ~ ~~'•~~~°~~* . __~°' • ' ~"~ °~~~ Zoning Code Am endme nt No. 2008-00066 ~ / Cit wide 10671 I~~ NOe 9 PI~ ING C ISSION AGEN A 200 S. Anaheim Slvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 ~ www.anaheim.net City of Anaheim PLAI~INII~TC~ I~EPAI~T'~IEI~TT DATE: .~Al~TUAI~Y 21, 2009 FItOIVI: PLAI~TNING SERVICE5IVIANAGEIt il~l\AlYlAl\ B~ ~V~y %~~JL' l.l S9~A1\1\L' R SiTB,TECT: ZONII~TG COI)E AMENI)ME1~TT NO. 2008-00066 LOCATIOl~i: Citywide APPLICANT: City of Anaheim Planning Department REQUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim Municipal Code. RECOMMENDATION: Staff recornmends that the Planning Commission, by motion, determine that this action is Categorically Exempt under Section 21080 Public Resources Cade and recommend to City Council that the attached draft Ordinance for Zoning Code Amendment No. 2008-00066 be approved. BACI~GROUNI): A comprehensive update to Title 18 (Zoning Code) was adopted by the City Council on June 8, 2004. Since its adoption, Title 18 has been amended from time to time on an as-needed basis. PROPOSAI.: The Planning Director has initiated the proposed code amendments. The proposed amendments to Title 18 include a 3-foot increase in the permitted height for non-habitable accessory structures in residential zones and establishes standards and procedures to establish wayfinding sign programs for new residential developments. A draft, red-lined Ordinance has been provided to the Planning Commission as Attachment 1. This item was originally advertised to include proposed revisions to temporary residential banner and future establishment sign provisions. However, these items are still being analyzed by staff and potential revisians will be brought forward for Planning Commission consideration at a future public hearing. Al~iAI.YSIS: Staff believes that increasing the maximum permitted height of non habitable accessory structures within side and rear setback areas from 12 to 15 feet will provide additional, reasonable flexibility needed in designing certain detached buildings with pitched roofs, such as garages and wo~kshops. Code currently allows habitable accessory structures up to 15 feet in height within these setback areas and this amendment would reconcile this ZONING CODE AMENDMENT NO. 2008-00066 January 21, 2009 Page 2 of 2 difference. Accessory structures located outside of these setback areas would be subject to the same height limitations of the main residence. The recommended provisions pertaining to wayfi~ding signage are intended to establish standards and an administrative review process to allow coordinated directional sign programs for new residential projects developed as a part of a specific plan, master land use plan or redevelopment project. Under the terms of the draft Ordinance, residential wayfinding programs would be allowed by an administrative permit, ~ subject to compliance with several standards related size, design, duration and maintenance. Respectfully submitted, ~~~1~ _ G~~s~- Principal Planner Concurred by, b~ ~~' ~ ~ ~~ Planning Services IVlanager - • t~ttachnr-ents ° 1. Draft Ordinance ATTACHMENT-NO, 1 ORDINANCE NO. XX , AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION l. That subsection .030 of Section 18.04.070 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Accessory Buildings. ~T^„ ~.,°~„+„~,~o „ ~+..,,,,+,,,.o~ , ,.~,,,a:.,,~ ~.,,+ .,,,+ ~,,,,;+oa ,-~, ~ , ~ ~a~~~~P=~~~~~-Non-habitable and ~habitable accessory structures, including but not limited to, ~ara~es, garden and stora~e sheds, and accessory living quarters, shall not exceed a height of one (1) story . . .. or i een (15) eet, w ic ever is ess_, ~°•~ ~ ~ ~ ~ ~ ~ ~~~e~:~~c~s=~e-~~~°~a=~r~ia~s°*~~a~~~This provision shall not apply to structures that are located outside of all required setback areas and comply with the same provisions as the main dwelling. All accessai~y structures encroachili~; into required sefback areas inay be subject t~ additional lleight restrictions as outlined ii1 Sectiou 18.()4.100 (Table 4-J -P~rmitted Eilcroachmerits for Accessoiy Uses/Strt~c;tures: Sin~le-ra~nilv Residential Zones.l" SECTION 2. That new subsection .570 be, and the same is hereby, added to Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code; and existing subsection .570 of Section 18.44.030 of Chapter 18.44 of Title 18 af the Anaheim Municipal Code be, and the same is hereby, reorganized as subsection .580, as follows: ".570 "Wa ti~~ Si~n" ineans an off-site si„,ni which inay contain multiple sig~~a.ilels intended. to advei-l-ise a~id di~-ect veh_icular traf-fic to new residen:tial developments, districts or public venues a~~d tizat is implenlented iil conjunctiou ~vitli an approvec~ wa fiy nding sigu pro~rani. ~8- .580 "Window Sign" means any words, picture, symbol, brand name, business name logo or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is applied or attached to a window or located within five (5) feet of the inside of a window in a manner that it can be seen from the exterior of the structure." SECTION 3. That subsection .200 of Section 18.44.040 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".200 Signs encroaching into the public right-of-way unless a variance has been approved allowing the encroachment into the ultimate right-of-way until the street is widened. Si~ns within tlle public ri<Tht of wav that are ap~ra~~ed in conjunction with an ap~roved wavfindin~ si~n pro~ram are exempt from this ~roliihition." SECTION 4. That new Section 18.44.185 be, and the same hereby, added to Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read as follows: _ ",010 Uff-Site Tract Sig;ns in Conjtmc;tion with a Wayfindiug Si~n Pro r~ Oi'f site tract si~~ls ap_proved as part of a Wa fii~iding Si~i1 Progranl ma~pproved subiect to the provisions of Scction 18 62 080 and the followinC7 addition~l criteria: .O l O 1 Tk~e~roject developer or representative must request and receive a Wayiindiug Si~n. Program permit pursuant to Section 18.62.080. .U 102 The Wa tiY ndiu~~n Pro ~ram shall initiallv identifv a mii~imum of three (3 nev~~ residential developme~its or products that have t~een approved, completed or under c;oustruc;tion. Tlie residential developnlents shall be located witl~in ai1 approved Specific I'lai1, Master Land Use Plan, Redevelopmeiit Project Ac•ea or located ~ii property that is subject to an Agreement witli the Analieim Redevelopment A~ency. No more tha~z one Wavfiiidi.n~ Si~n Proaram shall be autllorized for each Specitic Plan or 1Vlaster Land Use Plan. Tlie nuinber of Pro€Trams autllorizec~ witliin a Redevelopinent Proiect Area and the total nunlber of associated si~ns shall be determined by tlie Plannin~ Director. .0103 A Way~inding Sign Pro~ram docluneni shall be ~repared and subnlitted. T11e document shall include criteria related to si~n design, includiil~ permitted size and lieight; perinitted number a~ld precise location of signs proposed; ~ermitted colors and materials; maintena~ice standards and responsibilities; and, implementation procedcrres. .O l U4 Number of Si y~~er Parcel. Not niore than one (1) si~n sl~all be permitted on any parcel havii~ fi~ontage on one public or private street. Parcels havin;~ frontage on n~ore th~u1 oiie public or private street may lza~~e c~ne ( l) si ~n per str~eet frontaQe; however, such sigils shall be no closer than tllree- hundred (300) feet apart. I'roaf of owner autllorization to utilize property for this purpose shall be made a ~art of the Wavtindin~ Sign Permit approved pursu~lt to Sectioil 18.62,08~. .O] OS L;ocatioii of Si~ns within Pnblic Ri~t-ot=Wav. Si n~ s may be perinitted witlu_n the public ri~~ht-of-wav, subject to review and approval by the Public Worl:s/En~inecrin~ Departn~ent aiid subject to ohtainin~; any necessary encroachment licenses and/ai~ perinits. .0106 Maxiniun7 Ntunber of Sigils. Except as otllerwise may be permitted bv the Plannin~ Director due to unique access considerations, the maximunl numbei- of si<Tizs allowed as Uart of the Wa fiY ndin~ Si~i Pro~ranl shall not e~ceed the cumulative total of the ~lumber of develapment prajects anticipated to be d~veloped ti~ithin t11e Specific Plan or Master Land Use Plan, but in no instance shall ~exceed 20 si~ns• ~ .O l 07 Area aizd Hei~ht I~imitations. T.he maYimum area of a wayfindi~i~ tract si~n shall be sixty-five (65) square feet. Except as inay otherwise Ue permitted by the Plannin~; Director due to topographical considerations no wayfiiiding sign shall e~ceed eivht 8) feet iri hei~?ht. .0108 Consistent Theme aild Design. Sicns approved as a part o:f a Wayfindin~ Si~n. Pro~ra.m s11a11 have a consistent theme and dc:si~;n. In additioil si~ns shall be non-illuminated and individual si~~n p~iels Shall onlv identify the nanle of the residential proiect or venue advertised includin~ direc;tianal arrows. The sign iranze or su~port strt~cture niav ideirtiFy tl~e nan1~ of the master develoume~lt. 0109 A~Zti-Graf~iti Nleasures. Signs shall be constructed wit11 nlaterials and finishes that ~re gt~affiti resistant The applicant sllall consult with the Code Enforcenleut Division pi7or to submittal of the Wayfindin~ Sign Program Permit and implement all recommended nleastiu~es. ~~0 Sign Maintenance. In the e~~ent fliat si~ns are targeted by ~raftiti, the ~raffiti shall be removed within 24 hours. In the event tllat a sign is otherwise d~naged, it sh~ll be re~aired or reinoved within 72 hou:rs. .030 Time Liinitatiall. The Wayfi~idin~ Si~n ~rograin sliall stipulate the duration aiid l~i~~th of time allawed for the sign pra~ram, but in no event shall it eYCeed the an~ount of time necessai~~ to achieve t11e initial sale or lease oFthe projects identiiied or -CCVe (5) years, whichever occu.rs Crst. However, tlle Plannin~, Director inav extend the life of the Wa tiy nc~in~~n 1'rogr~n in oile (1) veac increments for up to five LS.,) additional years. Once tlie sale or initial occupailcy of all units in an individual developnlent is completed reCerence to said develo~ne~it shall be immediately retnoved from tlie Wav~ndiii~ ng (s)." SECTION 5 That new Section 18.62.080 be, and the same is hereby, added to Chapter 18.62 of Title 18 of the Anaheim Municipal Code to read as follows: :`1~,62.0~0 WEi~'FII~T~~l~G ~I~l~t PROGI2A1!!~ PEI21!!~I'TS. This section sets forth the procedures for ~rc~ecssiny an application for a Wavfzndin<~ Si~n Pennit when sucl~ a perinit is allov~~ed pursuant Section 18.44.185 (Resideiitial Wavfinclin~,~ Si~ris) ~f Chapter 18.~4 (Signs)• , .010 ~~plication. An a~plication, on a farn~ approved bv the Plailnin~ Director, for a wavfllidin<.; sign ~erinit shall be filed with the Plannzn~ Departn1e11t. ~ .020 Criteria. The criteria for approval of a wavtindin~r si~~~ermit are set forth in Sectio~~~~ 18.4~. l85 (Residential Waytindin Signs of Cilapter 18.44 (Si~ns~ .0~0 Issua~zce or Denial of Perin_it. If tlie Planning Director determines that all provisions of' Section 18.44.185 (Residential Wa fii~g Si~ns) of Chapte-r 18.44 (Signs and tlie grovisions of t11is Section are, or will be, cornplied with, ~id all other i~ecessary perniits have or ~~~ill be obtaii~ed, a ~e~mlit shall be issued; atherwise, the a~~plication shall be denied. .04U Revocation of Perinit. nny violation of the provisions set foz•th in Section 18.44.185 ~Residential Wayfinding Signs mati be considered cause to revoke a pern~it issued under the provisio~is oFthis Sectio~l. .050 I'ermit Fee. ~ fee ma,y be cliarged per Chapter 18.80 (Fees). .060 Decision. The decision of the Plamiiii~ Director is-final, unless appealed to the Plan~ii~zg Ca~nmi5sioil within f7Ttee~1(15) days atter tlle date the decisio~l is ~nade." SECTION 6, SEVER.ABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 7. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 8 PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand 4 Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine , and imprisonment. Each such person, firrn or corporation shall be deemed guilty of a separate ofFense for each day during any portion of which any violation of any of the provisions of this ordinance xs committed, continued or permitted by such person, firm or corporation, and shall be punishable therefore as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the day of , 2009, by the following roll call vote: AYES: ~ NOES: ABSENT: ABSTAlN: By ATTEST: CITY CLERK OF THE CITY OF ANAHEIM CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM 5 Item No. 10 o ¢ a w 2W Z~ ~w o~ z ~ C9w Z¢ w0 a> r N i YW ow O¢ ¢r W w U¢ W md rw ¢ m¢ ~ w w w ww ~ w 'Z~ >_ .d ~ ri ~z wz ~ > ¢~ » J> ~O z z ~ ~O Q° ~zQ ¢~ '+i¢O ~z z ~N~O ~YO aza aza >¢O O¢O Y~n mm ~a mm wr m ¢ ¢r xm w~ ~ ~nc~m Ym r¢ a wm 3c~¢ c7c~¢ cx~¢ z ~ia2~ ORANGETHORPE AVENt1E ~ • ~~ +°~d LA PALMA AVENUE k, ~~,~ ~~~~{ ~ ~ t.uq~~j ~. LINCALN 3 ~,e AVENUE ~r a¢ ¢~ w O ~ ~ a ~ ° AD R z ¢Z ¢w ° ?°a KATELLA ~' ~¢ AVENUE CHAPMAN AVENUE o N Q a ? O 2 os a~ ~w zr- 0 a> ~ Yw °o~ ¢r pw u~ r- °> w¢ a-~ ¢r- V' J°> ~o~ m Yfn ¢I ~Q mf/J w (q 2RI xfn f/lUtll ~ January 21, 2009 ` ~ ~°1 ~q~~/°~,~, Zoning Code Amendment No. 2008-00076 . ~ __ ~ , % m-~~~~~~ ~ , ~ / Citywide 1os~2 IT'E 1~ . 10 PI.A ING CO ISSION AGEl~ A 200 S. Anaheim Bivd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PL1~IV~TING I~EPAI~T' NT I)ATE: JAI~TZJAI~Y 2l, 2009 F1~OM: PY~ANl~tIl~iG SERVICES Mr~1~iAGER V 1-11\L' ~7~7tS 17~S1 V~' ~~liy 1 SI~JA~~ 1 i E.~t11\1\~~ SLTBJECT: ZOl~TI1~1G CODE A1VIEl~11)ME1~1T NO. 200~-00076 I.OCATIOl~i: Citywide API'LICANT: City of Anaheim Planning Department RE~~JEST: This is a City-initiated request to amend Chapters 18.08 (Commercial Zones), 18.10 (Industrial Zone) and 18.38 (Supplemental Use Regulations) of the Anaheim Municipal Code to eliminate "Automotive - Car Sales, Retail or Wholesale - Office Use Only" as a specific land use category. RECOIl~IMENl)ATI010i: Sta~f recommends that the Commission cont~nue this request to February 2, 2009 to allow time for staff to finalize the requested amendments. Respectfully submitted, , ~~~ ~~ Principal Planner Services Manager I January 21, 2009 Subject Property Conditionai Use Permit No. 1063 (Tracking -No. 2008-05400) 1721 South Manchester Avenue o ° ^ m o ,g m -~m ~= N ~ ;a N ~ E CERRITOS AVE ~ ¢ z _ ~ = ¢ ~N ~ ~ lo , . O jN ~Z , y im ~W W. KATELL A AVE ~ w 'w ~ ~N E~KATELLAAV~- -f~ ; ~ V ~W ~ < W N A ~ N 'N p .~RANGE WOOD VE = E.ORANGEWOODAVE ~ N ~ 10673 ' j SP 92-2 i , ~ MOTEL 6 ~ ~ DA1 ~ y~ ~ ~ SP 93-1 CANDLEWOOD SUITES ANAHEIM RESORT ~ ~ > SP 93-1 W PEACOCK ~ N ' SP 92-2 SUITES ~ ' ~w DA1 RESORT O ~ HOTEL m , ~ ~ ~ W W SP 92-2 z N DA1 Q DA1 _......._~ S P 92-2 SP 92-2 DA1 KATELLA AVEIVUE \~~ ~ SP 92-2 SP 92-2 SP 92-2 VACANT f- SP 92-2 - z DA 1 W GAS STATION SP 92-2 n ARENA INN & SUITES ~ I- cA ~A1 SP 92-2 DA1 SATELLITE DA1 m ~ pC RETAIL m DA1 ~ CENTER ~ = S P 92-2 ~ ~ o so aoo Feet January 21, 2009 r Q ~ fo ~ ° Subject Property m 0 ~ ~¢ = N :~C RR T W m ~Z m E E I OS ~ ~E ~ ai :~__ a vi 3 ~ 0 ~~ ° fvi W KATEILA~AVE r~ ~m '~w Conditional Use Permit No. 1063 . E KA TELLAAVE~'~ ~ U , (Tracking .No 2008-05400) N W F ~ . W RA N G ~ W O OD A VE _ W 'N ~ .~ ~ - - ~~ - •~ ~ - ~ ~E. pR ANGE OOD AVEO B I vi ~ 1721 South Manchester Avenue 10673 ITE NOe 11 PI~ G CO ISSIOl~ AGEl~ A P012T City of Anaheim PLAIVNII~TC~ DEPAI~TMENT I)A'I'E: Jr~l~T~JARY 21, 8009 FROIVI: PLAl~NING SER~CES IVIAI~IAGER ~ V Sl~~ 1~My ~RO.~L` ~;~ PLE,~~+ ~ SUBJECT: REVOCATION O~+' CONI)ITIOI~TAI,~ LTSE PE IT NO.`1063 (TItACKING NO. CUP200~-05440) LOCATION: 1721 South Manchester Avenue ~PLICAl~1T: City of Anaheim, Planning Department REQUEST: This is a request by the Planning Department to revoke Conditional Use Permit No. 1063, which permits a hall for variety shows, lectures, meetings, dances, etc., with an on-sale liquor establishrnent in the existing structure. RECOMMENI)ATION: Staff recommends the Planning Commission adopt the attached resolution determining that this action is Categorically Exempt under CEQA Guidelines Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) and revoking Conditional Use Permit No. 1063. ~r~CI~GI~0Ul~11): The property is developed with a public dance hall, most recently operating as "The Boogie", which has been closed since August 2006. The General Plan designates this property for Commercial Recreation land uses and the property is located within the Anaheim Resort Specific Plan (SP92-2) Zone. A vacant restaurant is located to the south on the same parcel. The Santa Ana (I-5) Freeway is located to the northeast, across Manchester Avenue; a fast food restaurant is located to the east; a gas station, retail center and a hotel are located to the south, across Katella Avenue; and, hotels, a commercial laundry and a convenience store are located to the west, across Anaheim Boulevard. On October 7, 1968, the Planning Commission approved Conditional Use Permit No. 1063 (Resolution No. PC68-301). The use was approved with five conditions of approval. With the exception of the deletion of Condition No. 5, pertaining to the need for future time extensions, the four remaining cond'itions of approval, related to the provision of trash storage areas, fire hydrants and the screening of air conditioning facilities, have not been modified over the last forty years. 200 S. Anaheim Blvd. Suite #162 On January 5, 2009, the Planning Commission, by motion, initiated the revocation of Anaheim, cA szao5 Conditional Use Permit No. 1063. Tei: (714) 765-5139. Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 1063 January 21, 2009 Page 2 of 2 ~iAI.I'SIS: The Planning Commission may revoke a permit based upon various findings, °' including the finding that the use for which such approval was granted has ceased to exist or has been suspended or inoperative for any reason for a period of six consecutive months or more. The Boogie ceased operations in August of 2006. Previous night club uses at this site have had issues related to operations and security, which resulted in a high rate of calls for service for the Police Department and activities that were disruptive to nearby businesses. The existing conditions of approval do not address on-site security, paxking and circulation or other business operations. The revocation of the permit would not prohibit tkus type of use on the property in the future; however, such use would require the approval of a new conditional use permit. Requiring a new conditional use permit w~ould provide an opportunity to apply conditions of approval that address business operations and security, and also require that future parkway improvements, landscaping and signs comply with Anaheim Resort development standards. ~ _ . . The property owner was provided with at least ten days notice of this hearing. If the perrnit is revoked, the Planning Department will prepare and mail to the property owner a formal written notice of the Planning Commission's action, COl~TCLUSION: Staff recommends Planning Commission approve this request to revoke this conditional use permit based upon the fznding that the use has been closed for over six consecutive months. Respectfully submitted, Cor~curred by, ~ ,,,~~._ ~~ ~~~~- Principal Planner ; 1 ing Services Manager Attachments: 1. Planning Commission Resolution PC6 2. January 5, 2p09 Staff Report 3. January 5, 2009 Action Agenda 4. Letter to Property Owner 5. Draft Resolution 4 ' ~'. ~ ~. ^ ;,,.: ~ . . . : ; f: ~'~ '~',:li~ati~mn~-.`.~___• .... .... ~ ~..~.~,....~...~....:....... L'~ Il 1~~ 19'JL~l`V g l~ ~o ~ ' ..-.._~ ~ ~.~-..__....__..__...~_~.._. _. ,~ ~_ ~ j C' r : • --~ o. ~ ~...~ ' •~ w RESOLUT20N N0. pC68-~301 A ~ ~ ~. ~ ~~ ~8 '~9~'C ~$,. ~~ ~ 0 APPROV@A ~~~ ~I~t'i~~ t!d • ~fel~~a~ ~i t~~~~ CLRRENCE Ma MC N~E6S, 1752 5outh Haster Street, Anaheim, California 42802 ~wn~r of certain real. property siLuated in the City of Anaheim9 County of Orange, State of Galifornia, described in Exhibit "A" attached hereto and referred to herein as though set forth in fu12 r' ~~• _<, •r.= f1 ' ti J~ ~ ~~ .:! ;i ,.` ,~` .~~ 5 •,.{ .y ~.' `. '':MI .r"i"'' ~ _ , ...•~ .. ~~,•Y,,,~~~~ ••~,.~~py ••rp~,, c~aenz snou~a rava~v uses vtnicn were established and the parking as developed to determine~vhether a new publfc hearing ahall be set to be heard bePore the Plann3ng Commission. ~ 6. That if no new pub3.ic hearing is deemed necessary, the petitioner may rsquest an extensfon of one year to permit the uses as approvad fnr the property. ~~ ;:I' ?:~ i .~. .. Y ~~~r~; ..z:µ, 3;~ 1 ` - ~. . ' . ~~~ . ~ ~ K~ ~ it-~ ~.'. ' ~ . . ~ . •' ~ ' ' J ~ . I: . 4 . . ' ~ w 2~ ~ _ .. ~ . . :. ~ , • . r ~. ~ . ~,:. . ~ . . . .. . . .. . . . ~." ~ ..~ .., .~. ~ ~ .. '... . . ., . . ,,.~. . .. . . ~ i', . .. - . . Y _ . . . ~', . . ~ao I . .~ :~~ • ~, ° • ~ {~ ! . ~ .../ ~ ~ ~• . ~~~ :a ,~ • -........., • ~ ~'~a I D~SCASPTTON: '~~''. - ( . , ~~ ~ . . ..~r ~ fihca~ porb3on af the southHest quarter of the southwest quarter of sect3on 23, T.~` , ~ 4 S.~ R> 10 67.y fn tke Aencho 5an ~uen Ca~on de Sante Ans, in the Ci.~y oP Anaheim~ ~ r~ •' ~ County o~ Orangey as shown on map recorded in Eook 5L, pege 7~ et•seq., oP Miscelianeoue ~ ,Mspa, in the at'f~.ce aP.the Coexnty Recorder of said Cour[tyy deacrlbed as falluwe; Begianing at th9 porthwest corner of that certein lettd Heacri,bed as Pareel 1 iu . ~ ~ ~ ~ .i deed to ~he Sta~e nf Califnraia recorded in Book 2303, page 74 of Ot'ficiai Recorde~ ~ ' 1 in gaid o1'tYse, said nflrthwest corner being thQ lirtersectiou of the weeterly line~of . ealfl Section 23y.Ni.th a line paralleL wi,th arrd distan~ Northerly 50.40 feet, measured ~ ~ j at right anglee~ from the squ~kerly line o£ saifl 9ectioa 23; theuce alo•r~g said ~aesterly j ~ ~`•,, ~ 1ine, N. 0° lg' 35" W., 36.i5 feet; thence ~t. $9' 4$r 25'~ ~.~ 31~.00 feet to ~he true•~point j of begiruiing; therace cont~puing 2t. $q°. 44' 25" E., 6000 feet; theuce Se 51° 37' lI" a -=~.~' g~i 39ad8 feet ta a curve cnpcave Norther3y and having e radius a£ 3g5e00 feets ~heace ~ . a2on6 ssi8 ourve Eastexly~ Yrnm a tettgent ahich besre N. 7Q° ~' 18" E.~ tiu~augh an I •' ana].e oP 11~° 47' 13"y an arc distgnce of 101,94 feet; thenee N. pl° '2§~ 22" E., 18.5a ~ Peet; thence N. 5~-° 26' 44" E., 204.53 ~eet to a tangent curve conepae Southeeater~y , and hsving a rs8iae of 6DO.Ofl feet; bhenee s7.ong'aaid las~ mentioned eurve, Plorth- eaeterly~ chrough an engie of lg° 39' 28"y an are distaace of 205086 Peet; thence ~an- ge~ to sa}.d 2ast meirti.oned curve, iV. 7k° 06' 12°' ~., 1~2.g7 Peet to the nar~heaeterly '~ ~.` line of ~hat certain lapd conveyed ~Ca Clsrence M. MeNeae 6y deed filed ,?til:y 9v ~-95~ ss `t;''. ~ 'Instr~ment No. 25829 in the ofPice of the Registrar of Ti.tlea oP sa3d Orenge County~ ,.~ ~;. . +: -••- distant along eaid northeaeterly li.ne~ N. 40° 50' 15" W., 12.8 Pee~ from ~he.arost ~~~:: ; ~; . 5 ~ ~~ eas~erly coruer ~hereof;;.thence aloug ae~d nox~heeaterly line N. b0° 50' 3.5+' ~+~1~g~ . ` *~~0 ~ 3j°S' ;i~ : feet to the beginning oP a tazsgent curva coaeave Sauthwesteriy hevJ.ng a`~a ~$ ~'Ep tg68 y ` .., 97~+fl0 Peet; tbence Northwester3y along eaid ,curve, and ita ~lorthsresterly inti$~~'~iY,SD ; ~ : , . ~~ 'l.~Nlrv~i »~.aro ;. ~t I$iU ! y ~.: through a central sng3.e~of 22° 3q` k~j"y ea arc dietnnce.of 383,67 feet~ sa4 ~~o,nt~nua~iQ~}~ `~ _ .. .'~~~~SdCZ~L being also the South~ester],y i3.ae oP tHe land flescrfbed i.n Percel 2 of tMe deed ~3't e, .. State of Californi:a' recorded Msrch 16a i952, in nook 23o3,,pa~{e 7~5; ~hence ~angenb ' ~ ~ ~ c,Ui~~O. USE P~RMlT N0. ~~ ~ , ~ . ~.~a~,~, ~..' :. ., ..-~ . . ~ :. . , . . . . -, ,,. , ..:: _ m~ , . . ., , . : .. : ~.., _ -„,~ :, ~~:. : .., ~ .,..~ , ~_ , , ;: • . . . . ... . ~ . .. ~ ~-~ ~ ~ ` ~ 3 ~ ~ ~ '.. I ' "v+ma ~ ~ . .. . , ' ' . , ' . .K~' .. . . y ~ - . :., . . ~ • ~ . ~ .. ~ . 3 , P.v,~, ;;4 ; ~,i i ~~ . t : J . . '~~}: 1 ~ . .. . . , . , . ' . . ' . ~ . .. ~ ~i , • . .i , . . .. .. i . . f . ~ . ~ ~ , .. . ~ » ~ ' -. .1 ' . ' ~ •~~ ' 1 , . ~.' `.' f , • . , ~ , . ~ i ~: ; , ' .f , . , . , . ~ . ' p,~y , ..I _ ~::i7 . - .... .,""' . . . . . ............._~__----~--^'~._._._.._....~.._......,.....,_, , ... ° ` ~ I ~,^` ~rw~ .. . :....,.,,,~r.~ % `1 ~:e~~_) to said cucve N. 63° 30' DO" kt,, ila-a.7t3 feei; alon~r snid SouL•hNesterJy line nnd tts ~ ? Northves~erly p~ro7.ongation~ said prolon6ntioz- be3ng also ~h~ ~orthxesterly line oP ~ ',;:.j said land aonveyed to Clarence M. MeNees here3nabave metrC3oned' ~o iche begittning of ~ 3 n tenge~rt curve caneave Norl:lzeaeter~,}r, ~~~ A rakius o~ 7$p.p0 fQet; thence North- ~ weaterayy through e eentra3, angle nf y° ZG1 ,~ ' l ~ 15 ' en arc dig~ence o~ 57.69 fee~; thenca. " . S• 77° S6' 36" We, 2g.00 fee~; thence s. 3~-° 24~ ~g" W.9 122.84 t'eet to the beg3nning ~ oP a tangent curve couceva Easterly, bev~[ng a radiua oY'~~20'y00''fee~; thence 3outherly '; a3ong said eurve thrnugh a central engle or 34° 40' ].4", an arc distanee aP 72.61 feet .; to the ~nt,n~ of tan~en~y theraoP wi~h the Eaaterly line oP Aea ~ ~ . ter Streetp esid East. .°.. erly line bein8 P~'~1e2 wSth a 8isi~ant Eseterly 3p.p0 featy meaeured at r3ght a»g2es ~ ;,,. ~~ ~ . ~,..,~, .;= fxom tbe Weater2.y line o£ seid,Sou~hWes~ qu~~~~.f ~b~ce Souther~y along said psra11e1 ~ . . ! ~ Ifne to a line paral.7.e1 x~th ~ a,istant Nartherly, 230.00 Peet, measured ag right en_ ~ gles from the Souther ;``: ::: l,Y 3.i,ne oP ~aid Sonthwest quarter; ~henee $aeterly~along said {. ',"' :' ~,sst ment3oaed parnli.el 11ne' 4.00 Peet to s 11ne parallel•-tirith and dietant Essteriy~ ' _ . 3~a00 feet, meaeured $t riggt afig~,~e #~om ~~id Wester7~r ],ine, ghence Southerly along .;_~~~ , ae~id lest mentfaaed para7.le1 line to the'i'rue Foint o£ 8eginning, ~ ' ~`' • . , . ,.. ... .. . ..., . . . ..._.. ... .. _.. .. .__. . . ~ ---.__-__ _... ;. ...; ~ ,.<:.; ...~ } , _._........... • . ~ :•q....,~.,.:... . ~.~ ; ,•,,;~,; ' -,, ~ : ,. . .. . , . ..:. .~ . ,.. :. .. , , .. - ; ^; qr z . , , , ~;:4 ,,. •.• -.,^ _ .. : ; . : ; ,,. ~.. . .' ~.: • .. :'_ ~ . ' ~ --Y,.i,..a•t r ~ :r j ,.7~ ~, . . .. ~ ' . . . ' . . ,: '. ~: : .':.` .. , ' . . . .. ~ a . t . . G ,."-.~. .. . ..~ .. ..~.. . .~. . .. ..~. ~,:. . ._ ..~ : .. ~ '' ` . . . ..m .. 1 . . ' / ~ M~',.r.~"+:aii~;.~+ww..._.___-"'._. ~ . . . ~. ~'.. . , ~., 'i:. : ; ? ~ ~r'` ~. ~ ~;~~ ::~ :i ~9 ..C ''~ , -~ ^~ ,,;.. ~.~ ~~~"~. ~ =•;'.~~ . .,, ;:~ ~.._l NOW THF.RF1~&~ B~ IT ftE50LVED that the Aneheim Gi#y Planning Commmision does hereby grant subject.petition ~or Condi~ional Use P~rmit, upon #he following conditions which aze h~reby found to be a ltecessasy prerequisite to the praposed use of the sub~ect property in order to preserve the safety and general welfare oP the G'itizens of the City afi Anaheima" 1, That txash s~torage areas shall be provided 1n accordance with appzoved plans an ~ fi2e with the off3ce of the Director of !'ublic Wqricse I 2. That fire hydrants shall be insta~led as zeqvix ed and ~etermin ed to be necessary ' by the Chief of tha Fire D~partment, 3. That any aia-ccnditioning facilities praposed shall ba pacoperly shielded from i viaw. 4. Tf~at Condi~Cion Nos. 2, 2, and 3, above mentioned, shall be camplled with prior to final bullding and coning inspectiians. • 5. That sub~ect petition is grantecl for a period.oP one year, after which ti,me it shall be revi exed by the Development Servric~s 5taff to determine what efEect the uses of the proQpsty have had oR.the axea~ whether parking has besn adequate, and whether a further public heariny sho~tld be sc~edul ~i.ta determine whether the interim uses should ~ be continoed. If no public hearing is held, and the pet3tioner desires .to continue the use Qf the property Por the purppsea r~quested, he may request an addit3.oaal one year ~ for the use fram the Plsnn4ng Commission. ~ THE FORE.COSNG Ak50I,UTION is e~igned and appxoved by me t6is 17th~ day of tictober, ~ i9~s. ~ 3 - • ~ . . ~ .~~ ~ ~ c ~ cir~~ cor~zsszov ~ an~.sr: li~-~-z/~z~l~/ SECRELARY ANAHEiM'CITY PLANNING OOMh1ISSI0N STATE 0~ CALIFORNIA ) ODUNTY OF QRANGE ) ss. CITY 4F qNAHEIM } I, Ann Krebs, Secretary of the City P~~nning Commission of the City oF ~lnaheim, do harehy certify that the foregoing resolotion was passed and adopted at a meeting of the City Plannfng Commissi.on of the Ci~y of Anaheim, held on 6ctpber 7, 1968, at 2:00 0'clock P.M., by the foli.owing vote o~ the menbers thereqFt . qYES= CAMMT55IONF.3iSs C4;,~, Herbst, Mungall, Al2red. J~ESs COMWIISSI~I~ER5s Faraao. . ABSEIVfi D3,'u,MI5SI4N£RSi Gauex. . i ABSTAZN~ WMNSESSI4NERSt Row2and, • ~ ~ IN WI7NFSS 'WHEREDF, 1 have hereunto set my hand this 17th day of October, i968. ( . ~ _~%~7GC-fi~- I ~ SECR~fARY ANAHHIh1 CITY PLANNIN6 ~MG439$ION ~ Res. No. 301 rs ~w ~ _.~:._~ : .~ ~ ~~. , '; .~. .~ ~' "1r T~~' ~ :, ~. '' x'•..,~.. . .. , ~ ~". . . '~ , . ~ ).• 4 ~ r..~t:P•...~ , ~.~ .:. , ,.. . . . ~ - ..- . .. . . . .. S , . . .. . . _ '~. .. ~STT'AC I1~IEl~T NOa 2 ITE NO. 1C PI. I~IN~ CO IS~IOI~ AGEN r~ PO T 200 S. Anaheim Bivd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 _ Fax: (714) 765-5280 www.anaheim.net City of Anaheim PL,A C~ I~EPAR'T ENT' I.OCE4TIOI~T: 172X South Manchester Avenue APl'I,ICAl~T': City of Anaheim, Planning Department I~EQ~ST: This is a request by the Planning Department to initiate the revocation of Conditional Use Permit No. 1063, which permits a hall for variety shows, lectures, meetings, dances, etc., with an on-sale liquor establishment in the existing structure. COlVi 1~tDATIOI~i: Staff recommends the Planning Commission, by motion, determine that this action is Categorically Exempt under CEQA Guidelines Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) and initiate revocation proceedings for Conditional Use Permit No. 1063. ~r~CI~GIt0~11): The property is developed with a public dance hall, most recently operating as "The Boogie", which has been closed since August 2006. The General Plan designates this property for Cornmercial Recreatxon land uses and the property is located within the Anaheim Resort Specific Plan (SP92-2) Zone. A vacant restaurant is located to the south on the same parcel. The Santa Ana (I-5) Freeway is located to the northeast, across Manchester Avenue; a fast food restaurant is located to the east; a gas station, retail center and a hotel are located to the south, across Katella Avenue; and, hotels, a commercial laundry and a convenience store are located to the west, across Anaheim Boulevard. On October 7, 1968, the Planning Commission approved Conditional Use Permit No. 1063 (Resolution No. PC68-301). The use was approved with five conditions of approval. With the exception of the deletion of Condition No. 5, pertaining to the need for future time extensions, the four remaining conditions of approval, related to the provision of trash storage areas, fire hydrants and the screening of air conditioning facilities, have not been modified over the last forty years. CONDITIONAL USE PERMIT NO. 1063 January 5, 2009 Page 2 of 2 ~I.,3.'SIS: The process for the revocation of a permit requires a motion of the Planning Commission to initiate the proceedings. The item is then advertised for public hearing with notice provided to the property owner ten (10) days prior to the hearing. The Plaiuling Commission may revoke a permit based upon various findings, zncluding the finding that the use for which such approval was granted has ceased to eYist or has been suspended or inoperative for any reason for a period of six consecutive months or more. The Boogie ceased operations in August of 2006. Previous night club uses at this site have had issues related to operations and security, which resulted in a high rate of calls For service for the Police Department and activities that were disruptive to nearby businesses. The existing conditions of approval do not address on site security, parking and circulation or other business operations. Th~ revocation of the permit would not prohibit this type of use on the property in the future; however, such use would require the approval of a new conditional use permit. Requiring a new conditional use permit would provide an opportunity to apply conditions of approval that address business operations and security, and also require that future parlcway improvements, landscaping and signs comply with Anaheim Resort deve~oprnent standards. The property owner was notified of today's rneeting and requested action by e-mail and certified mail. If the Planning Commission initiates the proceedings to revoke the permit, the property owner will also receive notification of the associated public hearing. C'ONCI,IJSION; Staff recommends Planning Commission approve this request to initiate the proceedings to revoke this conditional use permit for the reason that the use has been closed for over six consecutive months and the conditions of approval are not reflective of the conditions typically associated with other similar uses. If revocation is initiated, this item would be scheduled for a public hearing on January 21, 2009. Respectfully submitted, Con ~ urre by, " ~ ~ "^~ ~~ ~,~~~- ° Principal Planner 1 ing Services Manager t~ttachments: l. Planning Commission Resolution PC6~-301 2. Letter to Property Owner ' l, . i: ~;.`'~~~' ...•. . ~r°~:,^..- . . ... . '..~_ ' - . w._ ._, ~ ~..._. ~ ~ _ k ^_ .: J _ _. , ~ L-8 A d L-~~l~l~'1~1V ~ ~e ~ ;. • _~ O. .. ~ ` f ~ ' K , ~° ~.. , RESOT,UE~ON N0. p~68~301 ~.~ _ : =. ' ' A~ ~ ~l3. ~~Ef~~~~ _. . 'I~~R' P W8. Q~ ~ 7 063 ~ APPROVED ~ ' _ ~ ~t~t'3~~ ~ ~ 8l~~C~ ~ d1 V~~ CLRRE,YCE t,0.a MC N€.bS, 1752 South Haster S~tseet, Anahelm' California 92802 :'$ • , ~wner of certain real. property situated in the ~fty of Anaheim, County of Orange 5tate of , , ~aliEornia, desorS.bad in E~chibit "A" attached hereto and referred to herein as though set ' . forth in fuZl }i.. ` ' ~'; ~./i~'~ +~~ _ ' ~ .. ~ , ~ ~ E ..•~`~ "` ' # ' ~ •. ~ ' ~ ;1 ~ &~ ~89 ~# A i~ ~ ~ ~ CI ol ~ !~ ~~ j R ~~ ~ ~ctaber 7, 1958 ~2t~~' ~o~., ~ _ i : ~ ~ t ~ ~iffi ~ e A~.~, ~ ~ : :'•i ~ M ~ ~~ ; ~ ~ . . ` ~ ~ . ~ t ~ a~ ~- ~ ~`:°I ~ ~ ~~, ~~ ~ ~ ~ ~~ ' ~;= ~ t ,,:~;:j . ~ i A. f~ y~~ w~e~ s ta~ ~ t~ ~9 by coae: J . Section 18.64.o2D(3-j-6} to vs~ito estabifsh a hail for variety shows, Ieetvres, meeti.ngs, ~ ~ ~ ~ ~ dances, ete., with an on-sale liquor astablishment in the existing structure. ; ~'.`; ,~` 2. 7'hat the proposed use, es approved with a time Iimitation, wili not adversely # affect the ad,joininq land uses and the growth and development of the area in which it - ~ ~ is proposed to be located. . `.• ,• . . ' 3. ?hat the size and shape of the site praposed for the nse is adeqvate to allaw j ;~.-..,',;,; ~ the fu12 developmertt of the proposed use in a manner not detx3mental to the particuiar i '' axza nox to the peace, health, safety, and general welfare of the ~itizens of the City ? af Anaheim, : 4. That suh ecfi ,~ pxoperty is a part of the aommerclal-xecreation area, and as such, t dedi~ation for street widening purposes al.ong Haster Street would'be required; however, ~ wa3ver of the xeqUirec3 dedicat3an is granted unt11 such time as redevelopment of or ather . dispositfon is made of the praperty, dve ta the nature of the pxaposed utiiizatioh of an ~ ~ existing structure with apparent temporary uses, and the future revamping program For the ~ ~. ,. San'ta Ana Fre~tay. ;•,;~ - 5. That sub,~eCt pstition should be granted fox a period Of one year, at whfch time ~ ~ ~ : the Deveiopment Services Departnent shouid raviaw uses which were estabi+_shed and the .; pazking as developed ta detPxminesuhether a new pulolic hearing ahall be set tv be heard ~ ~ befare the Pianning Commission. I :j;7;x.~,,;.'; ~ 6o That if no new pubiic hearing is de~ed necassary, the petitionpr may request :,:~;.,:,:k ~•~ ;.;x; an extension of one year to permit the uses as appraved for the property. ~•a ,t_, . ~t ~ r ~ ~ . . i ~r' _ r; ' , • , . , _ . . i ~ : ;; i:I ~&~ , ~, . µ~} _ , .. ,,~~ : ... ~ti """~,ar ~.4~,, f. S 4 ~ ; } ~ 4 ~ ~ ~ ` r ~ ~ • ~ ~ nt . . `j< r.: ' ~ , ~ . ' ...1 . .. ' ..'.::- .. ~ . _ _ . , . :'. ~ Y . I .; ..'~ ~ ~ . ~ ~ ~. .: ~ ~ ' . , . . ~' . ~ 1,1 .'' . . .. .. . : . . ~ ' . b . . ' i •` . . ti`. . . ~~ '~ . . ~ ~':_, ' ,~, i' -... '. . . : ' . ' : ~' :~' ~ ' / I . ~ 1'.. , ~ . _ ~ { . 7 ' ~. r . ~. . . ~ I ~ .. . . . . . . . ..... ~ ' . . , ,1' . ;. ~ . . "'~- i ~ ~ • , ~ . ' .a~ i_ ' • , ' • ~ • • ~ ~ '; .. i . t .... .;.: i ~ + _ ~ . ~ ~. ., i . ~. - -.I . ...._...._.._.t. ~ ~ ~,,.,,.....,.,~...._~ , •_ . ;,~i' ' , ~' n . : ~ l/ ~ t ~ ~ ~~ ' 6 ~ ~ ,: ~` ' Y~a • , ~ . N~ DE6CAIPTSON: -•..•...... ~q'.. ~ . ~~ ~ .. ..~r ~ Tha'~ port3on o~ the southxeab quarter of the southwest qnar~er of Section 23' T.~~`, . ~ ! 4 5e~ Ro 1Q W.' in tke Renoho San 3uan Ca~on de 6eata Aas, fn ~the Ci$y of Anahe3m~ ~--' • County oP Orangea ss ehoNn on rnsp recorded fn 8ook §1, pege 7~ et seq., of MiacelSaneous ~ ,Meps, in the otfice of.the County Recorcter of said Cour[ty' deacribed as Yolloxet ~ Beginning at the narthWest corner af that eartaia land fleacri,bed as Faxcel 1 itt ~ ~ .i deed ta ~he B~ate of Ge7.iforai.a recnrded in Book 230g~ psge 74 0£ 0~'Piaiel Recarda~ ~ , in eaid office, sai.d northwes~ cornear being ~Ehe inrtersectiom o#' the wester3y line ~oP . ' i eald See~3on 23'.with a line para13.e1 with arrd distant Norther3.y $0.00 Paet, measured ; ~ • , i ' at right englea~ Prom ~he sou~t=erSy line oP said 9ection 23; thenae along said ~resterly* ~ ~ • 33tte, N. 9° 15' 35" W.~ 36.3.5 Peet; thence N. Bg° 1t4° 25" E.~ 94.Oa feet to the trits•.point ~ o#' heginnitrg; thes~ce earst~Atiing It. $g°, 4§t 25~~ E.y 6o0D feet, thence 3. S1° 3Y' 11" ~ - g^e 39•08 feet to a cvrve cnpcave ATorther3.y and hav5.ng e radiue af 3g5.00 Peet; ~hence ~ . alona said curve Easterly~ Yrom a tangent whieh beare I9. 79° 0$~ 18" E.~ through an '' snale oP 14° 47~ i3~~, en arc distance of 101.94 feet; thenae ~. Ol° ~24~ 22" E.~ 18.5Q ~ ~eeta thence N. 54° 26' $4" E., 204.53 ~eet to a tangen~ cur,re concave 5autheaster~y ~ , and hsving a radiue or 600.00 Peet; thenae sJ,opg'said lss$ mentioned curve~ North- eaeterly, ~ihrough an engle oP ].9° 3q' 28", an are distance oP 2p5.86 Peet; thence ~an- geut to sald 2as~ me2rt~,4ned curve~ 1~. 7k° pd' 12" ~., a~295T feet Co t3~e northeaeterly ~~~'`;~ line o~' ~t3at certaia lend conveyed ~a Glsrence M. MeNeea by deed filed July 9, ~95~ s~ ~' -Instrument No. 25829 in the office o£ the Registrar oP TStles aP said Orenge County~ ,,. '. t~~ , +r -•,~~ distant along said nortfieaeterly ~.i.ae' N..1cp° 50° S5" W.a 12.~5 fee4 f'rom the.most ~i~~:';.t.:r; , i ~;f°,.: ,.• :;i , ., ~ ~4'~ ~ easterly corner tbezeof;;.thau¢e along said northeasterly kine N, k0° 50' 15° ,+b~gt~39i ' `• ;,.,, *~~0 '~"- ~~°i ,~, feet to the beginuing of a tangez~t curve concave Sauthwesterly bevtng a~d ~8 ~'~p~968 s'+ .. , ~ 97~•~ ~'eet; tbence Northwesterl,y along esid ,euzwe, and f.~s Northsaestsrly oYiti~~,i~'~i~ ; . o I.oNlrvr, ~o ~ e r ~~ ' C nt lSIU ! Z ~ys through s central ang3.e~ af 22 3q b~j ' en arc dietanee .oP 383,67 feetD sai ~o,nt~nue~it~~J~ , ;~ "., ' . ~,.12~d5E:Z~'~' being aleo the 9outhsr~sterly li,pe ot tHe lend 3esnribed in Parce7. 2 of the deed~3'~c e, .. Stabe of Callfornis~ recarded March 16, 1952, in }3o~k 2303~,pa~{e 7k; ~hence tangent ,~~~ - ~ ~ ~ cyUivD. usE P~RMl1' Na. ~~ ~ --' , r .. ,. .»~. ~ ~: - ~ -:,,~a~ - . , • . ., , t~, .. .. . . .. . _ _ , ..: .. . . - . • `y:.. f!ra -,o~, r. - . . , .. ;.~ ... .. .t .... , , ,: ;.... . . r.,.~.. ~~ . ~ ; . ~ ~ ~;r ~ : ~ . ..~' . ~ . . , ' -. ~ . . ~ ,: . : `..:. .. . -_ , ., , . . , ' . . - .,.. . ;: ~ . . : ~. . ~ i • • r ~ ~ ..: ~ ' ~ , . , _ .. , ~ . . ... . . . ,- ,,,-.. . ~ . ~ , ~ ~ , , ~ . .~ . „ ~ .~ . . i , ~ ~ - ~ p..,~ , ::4. ' , . ± , .. '~ . ~, ~ .. i . , . . ,~ ~ ' . .. ~ ~ . . .. . • . , . . . i. ~ . ~' f ~ i . ~ ° . 1 ~.{ ~ ~ .. . ' . • ~ ' , . .~~ . • . ~ ~ ~ ~ , I ` i . . ~ , ", ! ' ' ~ ~ ' i ' F . ~ I ~, . . ., .; ~ .. , . . i ; , ! e,,,y ' ' ~ ~ .. ' . e'.... •I '_I.~..., ~ .. ~,~ .. ......~ ~~._ ... ~'I ' ' ~ .,~._. : _. . . .... ....._._-~_"---^-----~.._.....,-.._,...._.....,_, i . d , ~{.w~ ~ . . ~.~.____~-_ ; - c-) to snfa curve N. 63' 3~' Do" Vt~ 1r~+,. ~ , 78 feei; alon~r said 5oul:hHesterZy ].ine and its • < Northuesterly pro].ongatf.on~ said prolon6ntion be3ng also the Northwester3y line of ~ '.::j saifl land convayed to C].are»ce M. MeNees here3nabave metrbianed' ta the beginning oP a A tangent curve capeave Nort2zeneterJ,y, havi,ng ~ rakius o~ '~8p.q0 feet; theuce Noz~h- ~ ueater~Y~ through ~ eentra~, angie nf 4° 14' X5,~' en erc dis~ence aiT 5T.69 feeb; bhence, ~ : ~ : 5• 77° S6' 36" We' 29.0o Tee~; thence s. 3~-° 2b~ 3q" W.s ~22.84 feet to the beg3tsnirig ~I of a tangent curve couc.~ya Easter ba ' x3', v.tbg a radiua oY~~20;;00''fee~; ~hence Southerly ~<; . a3ang eai.d curve thrangh a central angle o~ 34° t~0' ~,~"~ a~ ~~.~ distance of q2,63. PeeL i to the po~n'c of tangenCy thereaf zaith the Easter]y line oP Hast • ~ ' er Street~ said East. '~'.~ erly li.ne being paral.lel srith s distant Eaeter3,y~ 3p.00 feat meae '• '. ~ ~ ured et zight anglea ;..,, ,: . r,,;:.:= from the Weaterly line oP sa3d.Southwes~ qusrter; tbence Soqther alon ssid ' ' -•~, :: . ~Y B porallel I ;;~;';-;,:;. iine to a 13ne para23.e1 sri.th attd distaat NartherlYD 230.00 feet~ meaaured ait right en_ `%:'; ':;, • gles from the Soutner3,y ~.i,ne af aaid Son~hweat :.. quarter; ~hence Saster]y,ralong said -~ '.' :` ~.aat ment3aaed parnllel 11neD A.00 feet to s 11ne parailel~:rorith snd distant Eesterly$ I ,~ 3~000 Peet' r~e~e~.~d gt x~~h~ ,gfi~~e ~Qm eeid Wester7y line; ~heace Souther],y along ,;..~;:; a~id lest mentfaned parallel line to the '1'z~ue Foint ~o~' Begismi.nga ~ ~~:'; ` •. , . ~ . . . ...~.. . - -. .. _.. ._._,__T__ • .. __~._......_.... .. . j. ; ~. ;, , . ,~ . . .. . -~, ;~. i ' ~-. • ~'s~ ~ . ~:w~«.sq,ry<. .<7~,,. . ~ : : , . ,. ' ~-~:.. .. . ~... :•~~ . • . ^: r,. s ~. . . .. : ~t~,~. . r . ..7~ .. _ . . ,. . , :~ . ~.. . ,, . . . . .. ~ : . . : _ ~ .. I . ~. ~y ' . ;r ~, ~: . ~ ° ~~.•,:~ ; ;~I ;~ ~. I ,;., ~-;. :.~ ~;'~ ';:.":' :.;~,?~:° i~:.; ,...;<< . • ~ i ., ~,. T-,~"~ ~ _. _~ ,«m...---___.__._ . ', . . t T~ __._..__..~_,...__~..__... ....._.~~ ~ NUW 'I7~~~~ BH IT RE50LVF~ that the Aneheim City Planninc~ Commmision does hereby grant sub,ject.petition for Conditiontd Use Permit, upon #he follovring conditions rihich are hereby found to be a ltecessary prerequisite to the proposed use of the sub,ject prnperty in oxder to preseave the safety and general we~fare af the Citfzens of the City oP AnaAeimc • 1. That txash storage areas shall be provided i~ accordance with approved plans on 1 f32e with the off3ce of the Director o£ pub2ic Worka. G 2. That fire hydrants shall be insta~led as ~equired and r~etermined ta be necessary ' by the Chief of the Fire DQpart~tent, 3. That any air-conditioning facilitSes proposed shall ba prop~rly shielded fzom i vi a,r. 4. That Condi2ion Nos. 2, 2, and 3, above mentioned, shall be complled with prior to final bullding and coning inspecrions. .~ 5. That subject petition is granter) fpr a peripd.oF one year, after which tzme it shall be revieaved by tha Development Sarvic~s StafE to determ~ne what effect the uses of the property have had on the azea, whether parking has been adequate, and whether a fvrth~r public heariny shoyiid be scheduled.ta determine whether the interim uses should ~ be contiaued, If no publfc hearing i@ heid, and the petitioner desfres .to continue the ~ use of the property for the p~poses raquested, he may xequest an addit3onai ene year ~ for the use from the Plann~ng Commissian. ~ i TH~ FOREGOiNG AESaLUTiON is r~igned and appzoved by me this 174h, day of nctober, ~ 1966. j __ ; • a c~-~~ ~.~~~~ ~ .. C RMis Mif~iEI,+A CITY PLANNING COMMISSIOV ~ ~ ATTFSTs Li~~'z-c~-~/~2~f~' SECRETARY ANAHEIM'CITY PLANNINCa O~~ih1ISSI0N STATE 0~ CALIFt7RNIA ) C4UNTY OF ORANG~ ) ss. CITY OF ANANEIhi } I, Ann Krebs, Secxetary af the City P~,anning Commission nf the Gity oF ~naheim, do hareby certify 'that the foregaing resolution was passed and adop~ed at a meeting of the City ~'lanning Gommission of the City of Anaheim, held on Octaher 7, 1968, at 2s00 0'clack P.M>, by the following vote o£ the menbers ther~fi . qYES= CAMMT55IOAJF~Ss C4,,,-~, , Herbst, Hlungall, Ai?xed. I~ESc COMMx55I0t~ERSs Farano. , ABSENI~ ~NlMISSIpNERSi Gauex. . ABSTATN~ WNWiTS5I0NERS~ Row2and. ~ ~ IN WI7NESS WHEREOF~ I have hereunto sei: my hand this 17th day of October, i968. l~' ~~%~7~~-G'~- ~ SECREfARY ANAHEIM CTTY PLANNIt36 OJMN,i95IDN Res. No. 301 ;~ ,s~+~w ... . . ^~ ~ y.f ~~ „ ~..; :. . ' .~~., ~ ._ : ~ _~ ~ ~ ..., . ; ~. , ., .. .~ , . . . r ~; ~Y .. . . . . Z ~ .. . ~ . , .. . .. . ... . 4 ..- . .. . ~ . .;~ ~,,. . ~~ . .. City ~f ~nahe~~n ~~~~cx~~~~r ~o. 2 ~ ~ E 'T ~I'~ wwva.anaheim.r.et December 19, 2008 Charles Mcl~Tees I1211 Orange Park Avenue Orange, CA 92869-2119 Dear Mr. McNees: Planning Department staff recently attempted to contact you regarding termination of Conditional Use Permit No. 1063 {CUP No. 10b3). CLTP No. 1463 permits a hall for variety shows, lectures, meeting, dances; etc., with an oan-sale liquor establishment on property that yau owr~ at 1721 S. Manchester Avenue (fozxn:erly "The Boogie"). The business has ceased to operate for a period of at least six consecutive months. Under certain conditions, the Planning Cammissian may terminate a permit which is no longer in use (Anaheim Municipal Code Section 1~.6Q.210). IVqoreover, the Planning Commission may revoke a permit if c~rtain findings can be made, as set forth in Anaheim Municipal Code Section 18.60_200. Copies of these Code provisions are attached to this letter. On. January 5, 2009, the Anaheim Planning Commission will consider a request by the Planning Departrnent to initiate the r.evocatian of CUP No. 1063. If the Planning Comrnission initiates the request to revoke CUP No. 1063 on January 5, the Planning Commission will hold a public hearing ta fortnally consider the revocatian of CUP 1063 on Ja~uary 21, 2009. Yau will receive a separate notice far that public hearing. The January 5, 2009, Planning Commission rneeting will be held at 2:30 p.m. in the Anaheim City Gouncil Chamber, located at 200 S. Anaheim Boulevard. At 1:30 p.m., priar to the meeting, the Planning Commissivn holds a preliminary plan review session to review that day's agenda with staff. 'Fhe preliminary plan review session is open to the puhlic; however, the public may r~ot provide comments to the Planning Commission during this review session. If you would like to provide comm~nts, please fill out a comment card at the meeting. Your comments would be heard at the beginning of the Planning Commission meeting, during the P~bl'zc Comments portion of the agenda. A copy of the staff report for the January S, 2009 mee~ing may be obtained at the Planning Dep~rtment, 200 S. Anaheim Bouievard on Wednesd~y, I)ecember 31, 2048, after 1 pm, A copy of ~he report will aIso be available ~n our website www.anaheim.n~t/piannin~ on I~ecember 31, after 5:00 p.m. 200 South Anahe~m Boufevard P:O. Bpx 3222 Anaheim, Caliiornia 92$03 TEL (734) 765-5139 Charles McNees ~ Decemb~r 19, 2008 Page 2 of 2 If you need additional information, please contact me at (714)7b5-S016 or. ibone~o cr,anaheini.net. Sincerely, r ~ ~ ~~ ~.__ ;v~ ~ ' Jonathan E. Borr~go t~.. i Principal Planner ~ J C: Lt. Dave Vangsness, Anaheim fl'olice Department ATTACHMEI~IT (Anaheirn Municipal Code Sections 1~.60.200 and 18.6{}.210} 1.6 e2 C ' V C N ~ Ct1'I' '~'Sm On its own motion or at the direction of ti~e City Council, the Planning Commisszon may hold a hearing ta revoke or modify a~y dxscret~onary land use perz~nxt that has been giranted pursuant to this zoning ordinance. The a~plicant shall be provided with at least ten (10} days natice of the hearing. ` .010 Findings. The Planning Commission may revoke or modify any active land use pexmit on the basis of evidence and testimony submitted at the hearing, if it finds any°of the - following: .0 ~ Ol That the approva.I was abtained by fraud; ar .Ol 02 That the use or variance for whieh such approval is granted is not being exercised within the time specified in suc~i permit; or .O1.43 T~at the use or variance .for which such approval was ~xanted has ceased to exist Qr has been suspended or inoperative far any reason for a period of six (6} cansecutive manths or more; or .Ol 04 That the pernut granted is being, or recently has been, exercised contrary to the terms or co~.ditions of such approval, or in violation of any statute, ordinance, iaw or regulation; or .0105 That the use or varian.ce far which the approvai was granted has been sa exercised as to be detrimental to the public health or safety, or so as to c~nstitute a nuisance; or .0146 Tha,t the use or variance far which the approval was granted has not been exercised and that, based upon add~tianal information or due to changed circumstances, the facts necessary to suppo~t ane ar rnore of the required findings for the original approval of such entitlemez~t, as set forth in this c]hapter, no longer exist; or .0107 ~'hat a~y such modification, including the ir~~position of any add'ztional conditions, is reasonably necessary ~o protect the public peace, health, safety or,general welfare, or necessary to perrrzii~ ~reasonabie operation under the permit as granted. ~.; .020 Conditions. If the Planning Commission makes one or mor~ of the above findings, it may change conditions or add nev~ conditions as necessary to cor~ect problems or violations relating to the use. The Planning Comrnissi~ra rraay also modify conditions or add new condiiions to preserve the integ,rity and character of the zoning district, or ta secure the genera~ p~rposss of the zoning ordinance and the General Plan. .030 Notificatian. Upon the revocation, modi~cation or reaffirmation afariy land use pennit, the Planning Department shall prepare and mail to #he permittee and the proper~y owner a farmaI written notice of the Flanning Commission's action. If the permit is revaked, the notice --- shall cantain a statement directing the permittee and property owner to irnmediately cease the formerly authorized use, and shall further infonn them that failure to cease the use shall be subject to enfarcernent and penalties as set forth in Section 1.01.389 (Enforeement of the Cod~- Caznrnunity Preservation Officer-Inspections and Reinspections--Fees). (Ord. 5920 ~ 1(part); June S, 2004: 4rd. 5998 § 50; October 2S, 2005.} . 02 '~Sm The Planning Commission, or the Zoning Administrator when he or she is the approval author~ity, may tenninate any perranit that is na long~r in use. _ .~10 ~nitiation. The process to terminate any permit that is no longer in use may be initiated by the property owner, hy thePlarming Commissian on its own initiative, or at the requesfi of city staf#: .020 No~ification. If the process to terminate any ~etition that is no longer isz use is initiated by the I'lanning Camm:ission or at the request of city staff, the property o~er and the permittee if different from the property owner, shall be notifi~d personally ar through the U.S. Postal Sezvice at least ten (10} days prior to any action beang taken. ~~the property owner protests the termination or fails to reply prior to action being taken, the proposed action shall be considered a revocation and sha1l be processed pursuant to Section 18.b0.200 (City-Inihated Revocation or Modification of Permits); provided, however, that a per~nittee wha does not continue to legally occupy the property shall not have the authozity ta affect the termination. .030 Planning CQmmission or Zoning Administrator Action. The action to terminate shall be placed on the agenda of a regularly scheduled P1a~ing Coznm~ssion or Zoning Administrator meetin~. (Ord. 5920 § i(part); June 8, 2004; Ord. 5998 § 51; October 25, 2005.} ATTAC 1VIENT NOe 3 /04 '~ / ~ /~ U I ~r1E]N~ P~ ~o~',~~ V ~~ \\~DED ~~ C,~~ f ~ ~ ~ ~ ?> . . . . . . ~ Cornmissioners Present on v, ary 5, 2 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Joseph Karaki ~ Peter Agarwal, Gail Eastman Stephen Faessel, Victoria Ramirez, Panky Romero Comrnissioners Absent: Kelly Buffa Staff Present: CJ Amstrup, Planning Services Manager Linda Johnson, Principal Planner Mark Gordon, Assistant City Attorney David See, Senior Planner Scott Koehm, Associate Planner Kimberly Wong, Planner Raul Garcia, Principal Civil Engineer David Kennedy, Associate Transportation Planner Grace Medina, Senior Secretary Julie Hourani, Office Specialist II Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 12:00 p.m. on VVednesday, January 31, 2009, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, December 25, 2008 • Call to Order • Prelirninary Plan Review 1:30 P. . s STAFF UPDATE TO COMMISSION ON VARIOUS C1TY DEVELOPMENTS AND ISSUES {AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEUV FOR ITEMS ON THE JANUARY 5, 2009 AGENDA • Recess to Public Hearing JAN4JARY 5, 2009 PLAPVNIIVG CO~MiSSION ACl'ION AGENDA R~a~rts ~nd Recornmendati~ns ITEM 1 C CEQA CATEC~ORICAL. EXE PTIOIV, CLASS 21 AND COND17'lONAL USE PER Il' NO. 1063 (1'RACKING NO: CUP200~-05400) Owner: Charles McNees 11211 Orange Park Avenue Orange, CA 92869 Applicant: City of Anaheim, Planning Department 200 South Anaheim Boulevard Anaheim C,4 92805 Location: 1721 S Manchester Avenue: Property is located at the southeast corner of Manchester Avenue and Anaheim Boulevard and is appro~imately 4 acres, with a frontage of approximately 561 feet on the south side of Manchester Avenue, 667 feet on the east side of Anaheim Boulevard and 154 feet on the north side of Katella Avenue. Request to initiate the revocation of Conditional Use Permit No. 1063 (to permit a hall for variety shows, lectures, meetings, dances, etc., with on-sale liquor beverages in an existing structure). Consent Caie~odar Approval otion: Faessel/Agar~ral VOl'E: 6-0 Commissioner Buffa absent Project Planner.• Susan Kim skim@anaheim.net 01 /05/09 Page3of9 City af Anaheim I 'T January 9, 2009 t+nv~v.analtcim.net Marjorie Mize LeGaye, Esq. SOS N. TustinAve. Suite #195 Santa Ana, CA 92705 Dear Ms. LeGaye; Subject: ~evocation af Conc~ition~l tJse Pera~nit No. 1063 1721 S. I~anshester Avenue, AnahefYn, ~A r~'a'TAC 1~E1~1T NOo 4 Planning Department staff recently contacted your client, Charles IVIcNees, regarding the revocation af Conditional Use Permit No. lOb3 (CUP No. 1Q63). CUP No. 1063 permits a hall for variety shows, Iectures, meeting, dances, etc., with an on-sale liquor establishment on your client's property located at 1721 S. Manchester Avenue {formerly "The Boogie"). According to our last contact with the Orange County Assessor's OfFice, the Charles McNees R Tr, is listed as the legaI owner of this property. However, the mailing address associated with fihis ownership, 11211 Orange Park Avenue, Oran.ge, CA 928b9-2119 is apparently no longer valid. Plannang staff recently sent conespandence to Mr: Mcl~Tees at that address ancl it was rettuned by the U.S. Pastal Service. Mr. McNees subsequently informed staff that he has moved out of the area and that your law firm should now be listed with the Assessor's Office as the party to receive all notices related to this property. Therefore, this letter has been sent to you. On January 5, 2009, the .Anaheim Planning Commission initiated the revocation of CUP No. 1 Q63. ~~ January 21, ZOQ4, the Pl~nning C'~~~nission vvi~l holcl ~ p~bli~ hearing to forffi~lly eonsiei~~- fhe r~vocafion of C~ $063. The January 21, 2009, Planning Commission meeting will be held at 2:30 p.m. in the Anaheim City Council Chamber, Iocated at 200 S. Anaheim Boulevard. At 1:30 p,m., prior to the meeting, the Planning Commission holds a prelirninary plan review session fio review that day's agen~a with staff. The prelirninary plan review sessian is open to the public; however, the public may not provide commen#s to the Planning Commission during this review session. Members of the public may provide comments during the Public Hearing, which begins at 2:30 p.m. A copy of the staff report for the January 21, 2009 m~~ting may be obtained at the Planning Department, 200 S, Anaheim Boulevard on Thursday, January 15, 2008, after 1 pm. A copy of the report will also be available on our website www,anaheim.netlplaruiin~ on January IS, after 5:00 p.m. 200 South Anaheim Boulevard P.a. 8ox 3222 Anatieim, Califnrnia 92803 TEL {714) 765-5139 C~arles McNees; January 9, ~ 009 Page 2 of ? If you need additio~al information, glease' cantact me at (714)765-495~ or skun(t~anaheim.net, Sincerely, ` ,..~,~1~~--~-~.-- L"---- ~ Susan Kini, AI~CP Seniar Planner Aitachment: e-rnail from Cliarles McNees ~ C: Lt. Dave Vangsn~ss, Analieim Poli~ce Department ~ { Cl~arles MclVees (via e-rnail} ~ .~ ~ S~a~an ~Cirrr F~orrs: Chuck [cmcnees@mac.corn] Sent: iVlonday, January Q5, 2009 1:46 PM To: Susan Kim Subj~ct: Termination of CUP #1063 ~ Dear 1Vis. Susan Kim - After my conversation with you and Linda Johnson regarding the termination of CUP #1063, I called my attorney, Marjorie Mize LeGaye, (714) 558-0533, S05 N. Tustin Ave. Suite #195, ;Santa Ana, CA 92705. Slie is listed at the County af C~range Assessor's / Tax Collectar's Office as person to.receive'notice. Slie informed me that she has not received notice af todays planning commission meeting. Tlzus, proper notice has not been given. Never t11e less, after discussing tlie matter'with Ms. LeGaye tlie reviewir~g "the comments made to me by Linda Johnson and Susan Kim, we are of the opinion that - nothing would be gained by delaying f11is review. If you have any questions, please contact me. Charles Mc Nees (8QS) 474-4600 cmcneesn,rnac.coin ,r ~ [ FT] r~TT~C ENT NOe 5 RESOLUTION NO. PC2008- A RESOLUTION OF THE ANAHEIM PLANNING COMIVIISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 21 AND REVOKING CONDITIONAL USE PERMIT NO. 1Q63 AND RESOLUTION NO. PC68-301, ADOPTED THEREWITH ° (TRACKING NO. CUP2008-05400) (1721 SOUTH MANCHESTER AVEN UE) WHEREAS, on October 7, 1968, the Anaheim City Planning Cornmission adopted Resolution No. PC68-301, granting Conditional Use Perrnit No. 1063 to permit a hall for variety shows, lectures, rneetings, dances, etc., with an on-sale liquor establishment in an existing structure, on that certain real property situated in the City of Anaheirn, Caunry of Orange, State of California, shown on Exhibit "A", attached hereto and incorparated herein by this reference; and WHEREAS, on January 5, 2009, the Anaheim Ciry Planning Commission, on its own motion, did initiate a public hearing pursuant to Section J 8.60.200 of the Anaheim Municipal Code to consider the revocation of Conditional Use Permit No. 1063; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 2009, 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 revocation of Conditional Use Permit No. 1063 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 a11 evidence and reports offered at said hearing, does find and determine the following facts: 1. That the L~se for which the approval was granted has ceased to exist or has beeri suspended or inoperative for any reason for a period of six consecutive months or more in that the use ceased operation in August of 2006; and 2. That **~` indicated their presence at said public hearing in opposition; and that *** letter of correspondence was received in opposition to the subject petition. WHEREAS the proposed project falls within the definition of Categorical Exemptions, Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. ` NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Comrnission does hereby revoke Conditional Use Permit No. 1063 and Resolution No. PC68- -1- PC2009-*** 301, adopted therewith, in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Jant~ary 21, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code, pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIlVI PLANNING COMMISSION -• STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregozng resolution was passed and adopted at a meeting of the Anaheim City Planning Corrunission held on January 21, 2009, by the follawing vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set rny hand this day of January, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2009-~"*a` ~~YlI~I~ 66 A 99 t-a CONI)ITIOl~AI, IT~E P~121~/IIT I~10. ~063 (T~C NG ~10. CiJP200~-~5400) ___ _--- _. _ _. -- ---- -- -~ ~9 ~ ~~_ ~'' 0 ~ Q > W ~ ~ 0 m ~ L L t ~ C KATELLA AVENUE n =0 '~"~gi Source Recorded Tract Maps cnd/or City 61S. F,,,,~ ~~ ~ Pleese note the ec,.^~recy is +/- two to five feet. Subject Property 1721 South Manchester Avenue ~06~~ I .~ ~~~~~ E`~EF3RIT05 ~~ r `5 ~ la ~i ~. b~~~-. w ~' j a W. KATELLAAVE IU ~ ~y ~V~ o ~ J Y . N , E.IIA ELLqAV~ ~ Z. ~ ` - W~ I l -; W.~RANp~Wp06AVE ~~ 1 ''"~ `~• ~ E.OftANCEN!~{ Oj}AVE ~ ~ ~ 1 ~~ ( ~\ ~ F ~ y ~ -3- PC2009-**~"