PC 2009/02/18~o
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Council Chamber, City Hall
200 South P,naheim Boulevard
Anaheim, California
• Chairman: Joseph Karaki
• Chairman Pro-Tempore: Panky Romero
• Commissioners: Peter Agarwal, Kelly Buffa, Gail Eastman,
Stephen Faessel, Victoria Ramirez
• Call 1'o Order
• Preli~vainary Plan Review 1:30 P. .
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the February 18, 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 writinps or documents provided to a maioritv of the Planninp Commission reqardinq anv item on
fhis apenda (other than wrifings lepallv exempf from public disclosure) will be made available for
public inspecfion in the Planninq Department located at Citv Hall 200 S. Anaheim Boulevard
Anaheim, California, durinp reqular business hours.
• Recess 1'o Public li~ar~ng
• Reconver~e ~o Public Hearing 2030 Pa .
• Plecige Of Allegiance
• Public Cornrnents
• Consent Calendar
• Public Hear6ng Iteans
• Cornmisseon lJpclates:
• Discussion:
• Adjournrnent
You may leave a message for the Planning Commission using the following
e-mail address: plan~inctcommission(a~anaheim.net
H:\TOOS\PC Admin\PC Agendas\(02/18/09).doc
~NDED~
,4naheirr9 Planning Cornmission Agenda ~ 2:30 Pe .
Public Co~vaments:
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.
Cor~sent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the tirne 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.
inutes
Il'E 1 A
Receiving and approving the Minutes from the Planning
Commission IVleeting of January 5, 2009.
Continued from the January 21, 2009 and February 2, 2009
Planning Commission meetings.
Il'EM 1~
Receiving and approving the Minutes from the Planning
Commission Meeting of January 21, 2009.
Continued from the February 2, 2009 Planning Commission
meeting.
Il'E 'B C
Receiving and approving the IViinutes from the Planning
Commission (Vleeting of February 2, 2009.
otson
otion
_..~_
otion
RlOTE: Meeting minutes have been provided to the Planning Commissio~ and are available
for review at the Planning Department.
02/18/Q9
Page 2 of 11
P~blic Fiearina Items:
IT NO. 2
ZO ING CODE A E E T O. 200~-00071 A p Staff Re;oort
CORlDII'IONAL IJSE P~FZMIl' IVO. 2008-05369 New Correspondence
V 1,4 CE .2009-04771
RECOMMENDAl'ION FOi2 CiTY COlJNC1L REVIEW OF
ZC 008-0071, CUP2008-05369 A- D 0/AR2009-04771 ,
Owner: Sandy Stahl
ACR Trust
1380 South Sanderson Avenue
Anaheim, CA 92806
pplicant: Nancy Parker
Quief'°Signs
272 South I Street
San Bernardino, CA 9241 Q
Location: Cocle Arraendrnent - Cit ide
CUP arasl Variance Request - 3~0 South
Sanderson Avenue: This property is
approximately 2.2 acres, with a frontage of 50
feet at the westerly terminus of Sanderson
,4venue.
The applicant proposes an amendment to the sign code Project P~anner:
section of Title 18 "Zoning" of the Anaheim Municipal David See
iented
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t
it f
f
t
C
d dsee(a~anaheim.net
reeway-or
rees
ng
o perrn
,
an
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readerboard signs for business schools. The applicant
also proposes to install a 65-foot high freeway-oriented,
freestanding readerboard sign for an existing business
school. The proposed sign is taller and larger than
allowed by Code for freeway oriented signs.
Environmental Determinafion: The proposed action is
categorically exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quafity Act (CEQA) Guidelines Class 11
(Accessory Structures).
This item was continued from the February 2, 2009
Planning Commission meeting and readvertised to include
the proposed conditional use permit and variance.
02/18/09
Page 3 of 11
[1'E O. 3
RECLASSlFIC TIO O. 2009-00227 A D
MISCELLA~EOIl~ CA~E NO, 2009-0029~
Staff Report
New Correspondence
Owraer Anaheim Redevelopment Agency
And 201 South Anaheim Boulevard, Suite 1003
AppBicar~t: Anaheim, CA 92805
Location: 274~ West Lincoin Avenue: This property is
approximately 1.7 acres, having a frontage of
125 feet on the south side of Lincoln Avenue
and located 669 feet east of the centerline of
Dale Street.
The applicant requests the property to be reclassified from Project Planner.
the General Commercial (C-G) zone to the IVIuItiple-Family David see
4) zone
oses to
Residential (R(VI
The a
lic
ro
t
l dsee(a~anaheim.net
-
.
pp
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an
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construct a 45-unit affordable apartment complex with Tier
1 and Tier 2 Density Bonus incentives.
Environmental Determination: A Negative Declaration has
been prepared to evaluate the potential environmental
impacts of this project in accordance with the provisions of
the California Environmental Quality Act (CEQA).
02/18/09
Page 4 of 11
Bl°E .4
CO DITI AL l1SE PER Il' O. 200~-05396
Statf Report
New Correspondence
Owner: James Axtell
Kilroy Reaity
12200 West Olympic Boulevard, #200
Los Angeles, CA 90064
Appiicant: Jonathan Michaels
Techco
3125 East Coronado Street
Anaheim, CA 92806
Location: 3'~25 Easf Coronado Street: This property is
approximately 7.5 acres, with a frontage of 740
feet on the north side of Coronado Street, a
maximum depth of 550 feet, and is located 253
feet east of the ce~terline of Kraemer
Boulevard.
The applicant proposes to conduct automobile-related uses Project Planner:
in an existing warehouse building including the retail sales ~avid see
'
of automotive
arts
automotive re
air
vehi
le sales dsee(a~anaheim.nef
p
,
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,
,
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vehicle storage, and to permit community and private
events with consumption of alcoholic beverages in two
meeting rooms.
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).
02/18/09
Page 5 of 11
Il' O. 5
CONDIl'IONAL l9SE PER IT NO. 200~-05395 AND
RE IIEST FOR DETER 1 AT'10 OF PU LIC
CONi/ENIENCE O~ NECES~ITY NO. 2009-00055
Owner: Kook Hoon Cho
590 VUhispering Ridge Lane
Anaheim, CA 92808
Applicant: Dick Evitt
5905 Winncliff Drive
Riverside, CA 92509
Locatoon: 1151 North ~uclid Street: This property is
approximately 1.18 acres, with a frontage af
100 feet on the west side of Euclid Street
approximately 16 feet south of the centerline of
Cutter Road.
The applicant proposes to establish a convenience market
in an existing commercial building with a Type 21 (off-sale
general) ABC license for the sales of beer, wine and
distilled spirits for off-premises consumption.
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).
Staff Report
New Correspondence
Project Pla~ner:
Scott Koehm
skoehm(a~anaheim.net
02/18/09
Page 6 of 11
ITE O. 6
CO DITIO L IJSE PE IT O. 200~-05394 AND
REQd9EST' FOR DETERMINAI°BON OF PIJ~LiC
CO VENIE C~ A D' ECES~I°TY . 200~-00051
Owner: Inc Aoun
P.O. Box 308
Buena Park, CA 90621
Applocant: 7-Eleven
330 East Lambert Road
Brea, CA ~~2821
Loca#ion: 1685 West Katella Avenaae: This property is
approximately 0.38 acre, having a frontage of
135 feet on the north side of Katella Avenue and
140 feet on the east side of Euclid Street, at the
northeast corner of Katella Avenue and Euclid
Street.
The applicant proposes to establish a convenience market in
an existing commercial building with a Type 20 (off-sale beer
and wine) ABC license for the sales of beer and wine for off-
premises consumption.
Environmental Determination: The proposed action is
categorically exempt from the requirement to prepare
additional environmental documentation per California
Environmentai Quality Act (CEQA) Guidelines Class 1
(Existing Facilities).
Staff Report
New Correspondence
Project Planner.
Kimberly Wong
kwonq2(c~anaheim.net
02/18/09
Page 7 of 11
Il'E o. 7
A E D ENT TO CO ITI AL USE PE IT O.
2007-05293 ('TRpaCKI G O. C11P200~-05397)
Owner; City of Anaheim
800 West Katella Avenue
Anaheim, CA 92802
Ap~licant: Raymond Smith
Federal Heath Sign Company
4602 North Avenue
Oceanside, CA 92056
Location: 2000 East ene Autrv av,
2000 South S#ate Coileqe ~oulevard and
2379 East Oranqewood Averau~: This
property is approximately 98.5 acres, and is
located at the eastern terminus of Gene P,utry
UVay and having a frontage of 675 feet on the
east side of State College Boulevard, 1,445
feet on fhe north side of Orangevvood Avenue,
and 100 feet on Douglass Road (Angel
Stadium of Anaheim).
The applicant proposes-an amendment to a previously-
approved permit to allow two electronic readerboard signs
on the "Big A" sign at Angel Stadium of Anaheim.*
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).
ote• This item was advertised as a request to permit
"four electronic readerboard signs on the "Big A" sign':
The applicant modified their request subsequenf to the
advertisement of this item.
Staff Report
New Correspondence
Project Planner:
Ted White
twhiteC~a.anaheim. net
02/18/09
Page8of11
ITE O. ~
ZO I C CO E A E E T . 200~-00076
Applicant: Planning Department
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92805
Location: Cit ide
The City of Anaheim Planning Department has initiated an
amendment to 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.
Environmental Determination: The proposed action is
categorically exempt from the requirement to prepare
additional environmental documentation under Section
21080, Public Resources Code.
This item was continued from the January 5 and 21, 2009
and February 2, 2009 Planning Commission meetings.
Staff Report
New Correspondence
Project Planner:
Vanessa Norwood
vnorwood@anaheim.net
journ to on ay, arch 2, 2009 at 10 0 o e for
Prelarninary P1an Review
02/18/09
Page 9 of 11
CERl'IFIC `TION OF PO~Ti G
I hereby certify that a complete copy of this agenda was posted at:
2:00 p.m. Februarv 12, 2009
(TIME) (DP,TE)
LOCATION: COURICIL CHAMBER DISFLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED: C \ v v
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 v~rritten correspondence delivered to the Planning
Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACT10N
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits and Variances will be final 22 days after Planning Commission
action and any action regarding Tentative Tract and Parcel Maps will be final 10 days
after Planning Commission action unless a timely appeal is filed during that time. This
appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in
an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified
by the City Clerk of said hearing.
,4NAHEIM PLANNING CONIMISSION
In compliance with the American with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Planning Department, (714) 765-5139.
Notification no later than 10:00 a.m. on the Friday before the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this meeting.
Recorc9ed decision inforrr~aation is available 24 hours ~ day by calling the Planning
Depar~rnent's Autornated Telephorae System at (714) 765-5139.
02/18/09
Page 10 of 11
C lJ L
2009
Nlarch 2
Nlarch 16
March 30
April 13
April 27
May 11
(Vlay 27 (V1/ed)
June 8
June 22
July 8 (Wed)
July 20
August 3
August 17
August 31
September 14
September 28
October 12
( October 26 ~
November 9
fVovember 23 (cancelled)
December 7
December 21 {cancelied)
02/18/09
Page 11 of 11
ITE 1~0. 2
PI~A ING C ISSION t~GEN A POR'T
City of Anaheim
PL1~I~TINC~ EPI~ TIVI~I~TT
DAT'E: FE~1SiT Y 18, 2009
I+ItO1Vi: I'I.Al~T1~iII~1G SEI~VICES 1~TE1GEIt
d7~V E~7L' L' y 510~~~1 gLtSl\1\~dl
SU~JECT': ZO1~IlVG CODE E1~1D1VIE1~1'T 1~T0. 2008-00071
COI~DITIOl~tAL LTSE PE IT' I~dO. 2008-05369
VA ANCE 1~i0. 2009-04771
I,OCATIOI~T: Citywide for the Code Amendment and 1380 South Sanderson Street for
the Conditional Use Permit and Variance.
APPI,ICAI~TT: The applicant is Nancy Parker with Quiel Signs and the property owner
is Sandy Stahl with ACR Trust.
I~EQUES'T: The applicant proposes an amendment to the sign code section of Title 18
"Zoning" of the Anaheim Municipal Code to permit freeway-oriented, freestanding
electronic readerboard signs for business schools. The applicant also proposes to install
a 65-foot high freeway-oriented, freestanding readerboard sign for an existing business
school. The proposed sign is taller and larger than permitted by Code for freeway-
oriented signs.
ItECOIVIlVIE1~Ti)ATIOl~T: Staff recommends that the Planning Commission, by motion,
determine that a Class 11 Categorical Exemption serve as the appropriate environmental
documentation and deny the attached draft Ordinance for Zoning Code Amendment No.
2008-00071, and, by the attached resolution, deny Conditional Use Permit No. 2008-
05369 and Variance No. 2009-04771.
If the Planning Commission approves these requests, staff recommends thatt-the
Commission refer all of these actions to City Council for review at a public hearing.
~ACI~GROUI~TD: 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 to refine its provisions on an as-needed basis.
The property is developed with a 19,000 square foot air conditioning business school.
The property is located in the General Commercial (GG) zone. The General Plan
designates the property and all surrounding properties for general commercial land uses.
The 57 Freeway borders the property on the west.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280-
www.anaheim.net
ZONING CODE AMENDMENT NO. 2008-00071
February 18, 2009
Page 2 of 4
I'ROPOSAI,: The applicant proposes an amendment to the Zoning Code to permit freeway-
oriented, freestanding electronic readerboard signs for business schools. The applicant also
proposes to install a new freestanding, freeway-oriented pylon sign with an electronic
readerboard for an existing business school located at 1380 South Sanderson Avenue, adjacent to
the 57 Freeway.
The new sign would be 65 feet tall with a sign area of 150 square feet. The sign would be
setback approximately 50 feet from the freeway right-of-way, This sign would replace an,
existing 45-foot tall freestanding pole sign with a 150 square foot sign area. The existing sign is
a legal nonconforming sign because the Code does not permit pole signs, nor freeway-oriented
signs, for business schools.
The applicant states that a new sign is needed to provide better sign visibility adjacent to the
freeway. The applicant also states that the business is difficult to find because of its distance
from major streets and the property's elevation, which is 20 feet below the 57 Freeway.
Al~iAI~I'SIS: The Code currently permits freeway-oriented signs for service stations,
restaurants, lodging facilities, regional shopping centers, or automobile dealerships occupying a
site ten or more acres in size. The Code also permits electronic readerboard signs for
commercial indoor and outdoor recreation facilities, theaters, hotels and motels with a minimurn
site area of four acres, general educational institutions, automobile dealerships on a minimum 3
acre site, commercial retail centers with a minimum site area of 25 acres, and community and
religious assembly establishments. A conditional use permit is required for freeway-oriented and
electronic readerboard signs. The applicant's request to amend the Code would permit
freestanding electronic readerboard signs for business schools on minimum two acre sites where
the business school is the sole user of the site, subject to approval of a conditional use permit.
The amendment would also permit freeway-oriented signs for business schools on minimum two
acre sites where the business school is the sole user of the site, subject to approval of a
conditional use permit. A draft ordinance with the proposed Code amendment text has been
provided to the Planning Commission as Attachment No. 1. Staff has provided the following
analysis and recommendations on the applicant's proposal:
Proposed Code Amend~ent:
Electronic readerboard signs: Upon review of this request to allow readerboard signs in
conjunction with business schools, staff believes that these facilities do not warrant the need for
changing messages that a church, amusement facility, public or private school, or theater would.
For exarnple, churches and schools may have a need to display changing messages to provide
announcements of general community interest, such as announcements of special events open to
the public. Business schools, on the other hand, are more commercial in nature, and therefore
stationary signs which provide business identification are more appropriate for these schools.
Freeway-oriented signs: Staff also believes that freeway-oriented signs for business schools are
inappropriate. These facilities do not warrant the need for freeway advertising that service
stations, restaurants, hotels, regional shopping centers, or automobile dealerships would. Also,
ZONING CODE AMENDMENT NO. 2008-00071
February 18, 2009
Page 3 of 4
staff does not believe that this Code amendment is necessary for the subject business school
because the existing 45-foot high pole sign already provides sufficient freeway advertising for
the school.
Conditional iJse Permit: The applicant applied for a conditional use permit to install a 65-foot
highfreestanding freeway-oriented readerboard sign for the existing air conditioning business
school on a 2.2 acre site, subject to City Council approval of the pending code amendment. As
indicated above, staff is not recommending approval of the Code amendment to allow this type
of sign as the need for freeway-oriented, changeable copy signs for business schools is not
apparent. Staff does not believe that a freeway sign with a changeable message would be
appropriate for the subject business school because the existing pole sign already provides
sufficient freeway-oriented identification for the school. Therefore, staff recommends denial of
the conditional use permit request. In the event that the Planning Commission approves this
request, staff has included recommended conditions of approval in Attachment No. 4.
Variance: The applicant submitted sign plans which show a 65-foot tall freestanding, freeway
oriented pylon sign with a 150 square foot electronic readerboard copy area. Code permits
freeway-oriented signs to have a maximum sign height of 30 feet and a maximurn sign copy area
of 0.5 square feet per lineal feet of freeway frontage. If the Code amendment is approved to
allow freeway-oriented signs for business schools, a 108-foot sign copy area would be permitted
for the applicant's properiy which has a freeway frontage of 216 feet. Since the plans show a
sign which is taller and larger than allowed by Code, the applicant is also requesting a deviation
of these standards.
Staff has reviewed the size, shape, and topography of this property and did not find any physical
hardships or special circumstances applicable to this property which would justify approval of a
deviation from the development standards regulating maximum freestanding sign height and
area. Even though the property is located 20 feet below the grade of the freeway, a 30-foot high
sign with a 108 square foot copy area would be visible from the freeway. Also, as previously
indicated, the existing legal nonconforming 45-foot high sign is visible from the freeway.
CONCLUSIOl~i: Staff be~ieves that freeway-oriented, readerboard signs would be -~-
inappropriate for business schools. Staff also did not find any physical hardships or special
circumstances applicable to this property which would justify approval of a deviation from the
development standards to permit a new sign that would be taller and larger than permitted by
Code. Therefore, staff recommends denial of this request.
If the Planning Commission approves this request, staff recommends that the Commission refer
all of these actions to City Council for review at a public hearing.
Respectfully submitted, Concurred by, ~~ ~
I'0 `~G~ ~`~~f ~" ~
Principal Planner Plaru~ing Services Manager
ZONING CODE AMENDMENT NO. 2008-00071
February 18, 2009
Page 4 of 4
,4 ttach an entc:
1. Vicinity and Aerial Maps
2. Draft Ordinance
3. Draft Conditional Use Permit and Variance Resolution
4. Recommended Conditions of Approval
5. Letter of Request
The following attachments were provided to the Planning Commission and axe available for
public review at the Planning Services Division at City Hall.
6. Sign plans
7. Site Photographs
1 1
LARK ELLEN LN
0 50 100
Feet
0
February 18, 2009
RS -3
1 DU EACH
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RCL 98 -97 -7
RCL 89 -90 -31
RCL 74 -75 -21 (5)
RCL 74 -75 -20 (2)
CUP 2008 -05369
CUP 2005 -04963
ZCA 2008 -00071
(T -CUP 202 04642)
(CUP 2495)
AIR CONDITIONING
SCHOOL
Subject Property
1380 South Sanderson Avenue
SATURN
AUTO DEALER
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,RAILRQAD
Zoning Code Amendment No. 2008 -00071
Conditional Use Permit No. 2008 -05369
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(HORSES)
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ATTACHMENT NO.
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February 18, 2009
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Zoning Code Amendment No. 2008-000
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r~TTAC EN~' NOe 2
ORDINANCE NO.
FOLLOWS:
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SUBSECTIONS .010 OF SECTION 18.44.050
AND .010 OF SECTION 18.44.100 OF CHAPTER 18.44
OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO SIGNS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS
SECTION 1.
That subsection .010 of Section 18.44.050 of Chapter 18.44 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Requirement for Conditional Use Permit. The following signs require a conditional
use permit:
.0101 Marquee or electronic readerboard signs subject to the limitations of Sections
18.44.080 (Freestanding and Monument Signs - General), 18.44.090 (Freestanding and
Monument Signs in Non-Residential Zones) and 18.44.100 (Freeway-Oriented On-Site Signs)
for the following uses:
.O1 Recreational - Commercial Indoor as set forth in subsection .180 ("R" Use
Classes) of Section 18.36.040 (Non-Residential Primary Use Classes);
.02 Recreational - Commercial Outdoor facilities of recognized regional significance;
.03 Theaters;
.04 Hotels and Motels with a minimum site area of four (4) acres;
.OS Educational Institutions - Business, which facility is the sole iiser of a nlinimum
two (2) acre site;
06 Educational Institutions - General, which facility is the sole user of the site;
.07 Automobile dealership, which automobile dealership is the major tenant of a
minirnum (3) acre site;
08 Commercial retail center with a minimum site area of twenty-five (25) acres; or
09 Community and Religious Assernbly, which facility is the sole user of the site.
1
0102 Regional guide signs.
.0103 Freeway-oriented signs, subject to the procedures and standards set forth in
Section 18.44. ~ 00.
0104 Murals visible from public right-of-ways.
.0105 Off-Site Signs for Regional Shopping Centers. No more than one (1) free-
standing sign per regional shopping center, no greater than one hundred twenty-five (125) square
feet in sign area, and no higher than fifteen (15) feet, may be located off-site where allowed by
conditional use permit."
SECTION 2.
That subsection .010 of Section 18.44.100 of Chapter 18.44 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Conditional Use Permit Required. A freeway-oriented sign, as defined in Section
18.44.030, may be permitted, subject to the approval of a conditional use permit, only for Service
Stations, Restaurants, Lodging Facilities or Regional Shopping Centers, as defined in Chapter
18.92 (Definitions), Educational Institutions - Business, ~.~hich 1'acilit}~ is tlle sole user of a
niinimunl two (2) acre site, or Automobile Dealership(s) occupying a site ten (10) acres or more
in size."
SECTION 3. 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 herefrom of any such portion as may be declared
invalid.
SECTION 4. 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.
2
SECTION 5. PENALTY
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the maflner provided in Section 1.01.370 (Violations of Code-Penalty) of the
Anaheim Municipal Code.
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;
ABSTAIN:
By:
ATTEST:
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
71923.v1/MGordon
3
~ ~~] ~~~r~c ~~~ ~oa 3
RESOLUTION NO. PC2009-***
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A CLASS 1 CATEGORICAL EXEMPTION AND
DENYlNG CONDITIONAL USE PERMIT NO. 2008-05369
AND VARIANCE NO. 2009-04771
(1380 SOUTH SANDERSON STREET)
WHEREAS, the Anaheim City Planning Cammission did receive verified
Petitions for a Conditional Use Permit and Variance to construct a 65-foot high freeway-
oriented, freestanding readerboard sign for an existing business school, subject to, and dependent
upon, approval of Zoning Code Amendment No. 2008-00071 to permit freeway-oriented,
freestanding electronic readerboard signs for business schools, 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 the 65-foot high freeway-oriented,
freestanding readerboard sign for an existing business school is currently developed with a
19,000 square foot commercial building located in the General Commercial (C-G) zone and the
property is designated as General Commercial on the City of Anaheim General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 18, 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 proposed
conditional use permit and to investigate and make findings and recomrnendations 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 with respect to the request for a conditional use permit to construct a 65-foot high
freeway-oriented, freestanding readerboard sign for an existing business school, does find and
determine the following facts:
1. That a 65-foot high freeway-oriented, freestanding readerboard sign for an
existing business school in the General Commercial (C-G) zone is not properly one for which a
conditional use permit is authorized by Anaheim Municipal Code and that the Planning
Commission has denied the applicant's request for approval of Zoning Code Amendment No.
2008-00071 to permit freeway-oriented, freestanding electronic readerboard signs for business
schools. .
2. That a 65-foot high freeway-oriented, freestanding readerboard sign for an
existing business school would adversely affect the adjoining commercial land uses and the
growth and development of the area in which it is proposed to be located because the need for
freeway-oriented, changeable copy signs for business schools has not been demonstrated to be
apparent or appropriate. Further, there is adequate signage for the business school as the
property is currently improved with a 45-foot high legal nonconforming freestanding pole sign
- 1 - PC2009-* * *
with adequate freeway visib~lity and larger and taller signage would not be needed to advertise
the business.
3. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular axea nor to the health, safety and
general welfare of the public without the need for a 65-foot tall freeway-oriented, freestanding
readerboard sign.
4. That the traffic generated by the business would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
signage request would not further increase traffic levels in the area.
WHEREAS, said Commission dues further find and determine that the request for
a variance of the following Code Sections to construct a 65-foot high freeway-oriented,
freestanding readerboard sign for an existing business school should be denied for the following
reasons:
(a) SECTION NO. 18.44.100.030.0301
Maximum size of a freewav-oriented
s~n 108 square feet permitted; 150
square feet proposed)
(b) SECTION NO. 18.44.100.030.0302
Maximum height of a freeway-oriented
s, ign (30 feet permitted; 65 feet
proposed)
1. That the requested waivers are hereby denied because the size, shape, and
topography of this property nor any physical hardships or special circurnstances are applicable to
this property which would justify approval of a deviation from the development standards
regulating maximum sign freestanding height and area. The property is relatively flat. It is
located 20 feet below the grade of the freeway; however the existing 45-foot tall sign is visible
from the freeway and a 30-foot tall sign with a 108 square foot copy area would also be visible
from the freeway.
2. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 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 Anaheinn Planning
Commission does hereby deny Conditional Use Permit No. 2008-05369 and Variance No. 2009-
04771.
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
- 2 - PC2009-* * *
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 18, 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 PLANNING COMMISSION
STATE OF CALIFORNIA )
COLTNTY OF OR.ANGE ) 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 February 18, 2009, by the fallowing vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
February, 2009. _
SENIOR SECRETARY, ANAHEIM PLANNING COlVIN1ISSION
- 3 - PC2009-* * *
EX I IT 6`r~'~
CON ITIONr~L ~JSE PE IT 200~-05369
VA CE 2009-04771
u so ~oo Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
Feet
10688
- 4 - PC2009-* * *
ATTACHIVNIEENT NO. 4
1~COIdI1l~El~I)El) COl~i)ITIOl~TS OF APPI~OVAI,
COl~TI)IT'IOI~IAL IJSE PE IT IVO. 200~-05369
V ANCE NO. 2009-04771
RESPOI~SI~LE
FOR
1~0. COI~TI)ITIOI~S OI+' APPIZOVAL 1VIOI~TIT'O I~TG
GE1VE ' L C'ONI)ITI~N,S'
1 The applicant shall monitor the area under their control Police,
in an effort to prevent the loitering of persons about the Code Enforcement
premises.
2 Parking lots, driveway, circulation areas, aisles, Police,
passageways, recesses and ground contiguous to Code Enforcement
buildings, shall be provided with lighting of a minimurn
one (1) foot candle power to illuminate and make clearly
visible the presence of any person on or about the
premises during the hours of darkness and provide a
safe, secure environment for all persons, property, and
vehicles onsite.
3 The property shall be permanently maintained in an Code Enforcement
orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and
removal of graffiti within two business days from the
time of discovery.
4 The advertisement and display of goods and services on Code Enforcement '
any display surface, including the electronic readerboard
and any static display surfaces, shall be limited to those
goods and services that are sold or rendered on-site. The
display or advertisement of goods and services that are
not rendered on-site shall be prohibited.
5
All advertising on the freeway-oriented sign shall _ ..~_
Code Enforcement
comply with provisions set forth in Sections 5200-5486
(Outdoor Advertising Act) of the Business and
Professions Code.
6 The sign shall be continually maintained in a"like new" Code Enforcement
condition.
7 The subject property shall be developed substantially in Planning
accordance with the plans and specifications submitted
to the City of Anaheim by the applicant and which plans
' are on file with the Planning Department E~ibit Nos. 1- '
4(Sign Plans) and 5-13 (Photos), and as conditioned
herein.
8 Approval of this application constitutes approval of the Planning
proposed request only to the extent that it complies with
the Anaheirn Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval
does not inciude any action or findings as to compliance
or approval of the request regarding any other applicable
ordinance, regulation or requirement.
A'I"I'~iC l~][EN~ NOe 5
.:~
!",
-SiG~S 8y _ _. ~.~.. .~r.~,r._r~ _.
o~,~~o SI~C~ 1961=
272 Soufh ! St~et San Bemardino, CA 92410 ~
lntand Empir~ (909) 885-4~476Fax (9Q9J 888-2238
Coachella 11a11ey (760} 347-8370 Fax (760) 347-8335
www. auielsipns: com
Lrcerise No. 217345
- City of Anaheim Planning D~p~rfrnent
200 S. ~4r~~h~ir~ ~Irrd, Suite #~S2
Anaheir~, CA 92805
~e: Air Conditionirtg ~ Ft~fr~geration
Educatio~ ~ l"raining Cer~ter
1380 S. Sanderson Avenue
Planning Department:
We ar~ requesfir~g your approval to ~r~n~nd Section 'i8.92.080.Ov0, "Educafiae~r~~!
Ins~itutions - ~useness" as aftached.
Also requesting a G.IJ.P. ta construcf a fi5' high freeway oriented site
identifc~tion with electrmni~ messag~ center; replacing the existing 45' ~ree~ray
oriente~ pote sign. The c~rr~n4 sig~a is 158 sq. ft. ~ith the proposed sign @ 150
sq. ft.
1'his sifie is ummediately e~st af the 57 fr~e~ay rr~th the i4uto Center ~o fhe r~~rth,
commerciai to the sou#h and o~ff'ice to the e~st. Tiie proposed sign shall allowr ~or
c1e~r visibilif~ to the traveiing public because of the approximated 2O' grad~
difFerence ~ram the property to th~ ~reeway. This facility is no~ o~f the main str~ets
and ha~ been qui~e hard for pote~$~al studenfs ~o loc~te.
The proposed sig~ w~ill id~nti~ the "Air-condition~ng ~ Refrig~ra~ior~ ~ducation ~
Training Cente~' ~rith the rnessage center advising class ~pes, schedui~s and
serrainars doc~ted within this facilit~/. No ofF site adv~rtising shalt be al~o~red,
~.
ITE ~ a 3
PI. NI1~G CO ISSIO~T AGEN t~
200 S. Anaheim Blvd
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PI~AIVI~TINC~ I~EP T ENT'
I,OCA'TIO1~1: 2748 West Lincoln Avenue
APPLICAN'T/PI~OPEla'TY O~tER: The owner and applicant is the Anaheirn
Redevelopment Agency.
REQUES~'; The applicant requests the property to be reclassified from the General
Commercial (GG) zone to the Multiple-Family Residential (RM-4) zone. The applicant
also requests a Planning Commission determination of conformance with the Density
Bonus Code to construct a 45-unit affordable rental housing apartment complex with a
development incentive.
COMMEl~TI2ATION: Staff recommends the Planning Commission adopt the
attached resolutions, approving a Negative Declaration, Reclassification No. 2009-
00227, and Miscellaneous No. 2009-00298.
BACKGRO~JND: This property is vacant. It was previously developed with the 117
unit Lincoln Inn motel which was demolished in May 2008. The property is located in
the General Commercial (C-G) zone, within the Merged Redeveloprnent Project Area.
The General Plan designates this property and properties to the east for me.~ium density
residential land uses, Properties to the west are designated for low medium density
residential land uses and properties to the north across Lincoln Avenue are designated as
Corridor Residential. A 68-foot wide vacant lot and the Orange County flood channel
border the property on the south.
Section 65915 of the State Government Code requires cities to allow certain density
bonuses, development incentives and reduced parking requirements for housing
developments that provide opportunities to households with very-low, low, and
moderate incomes. The Anaheirn Zoning Code implements these State requirements.
The Code provides applicants with a menu of "tiered" incentives that offer two levels of
review based on the type of incentives requested and the level of affordability proposed.
The Code also requires that a minimum of 20 percent of the total units in the project be
restricted to an affordable housing rent for very low income households for not less than
55 years.
RECLASSIFICATION NO. 2008-00227
February 18, 2009
Page 2 of 5
All Tier One Incentives may be approved by staff. Up to three Tier Two Incentives may be
approved by the Planning Commission at a noticed public hearing. The requested incentives
shall be granted if the proposed housing developrnent is in conformance with the requirements of
Code, unless findings can be made for denial. The Planning Commission may deny requested
incentives if it finds that the incentives axe not required in order to provide affordable housing
costs or rents, or finds that the project would have specific adverse impacts upon public health
and safety or an adverse impact on the physical environment.
At its August 18, 2008 rneeting, the Planning Commission failed to adopt the applicant's request
(due to a tie vote) to reclassify the property from the General Commercial (C-G) zone to the
Multiple-Family Residential (RM-4) zone to allow for the future construction of a 51-unit
affordable apartment complex. The Commission did not approve the request based upon
concerns about the rnaximum permitted density in the RM-4 zone and the proposed four-story
building in the rear of the property and its potential impact on the single family homes across the
flood control channel.
P1aOPOSAL: The applicant requests to reclassify the property from the General Cornmercial
(C-G) zone to the Multiple-Family Residential (RM-4) zone to permit a future apartment
complex. The applicant also requests a Planning Commission determination of conformance
with the Density Bonus Code to construct a 45-unit affordable rental housing apartment complex
with one development incentive. The Community Development Departrnent will enter into an
Affordable Housing Agreement in which the applicant will be required to provide all of the units
as affordable to low and very-low income households.
The proposed apartment complex will be cornprised of one 2 to 3-story building, and two, 3-
story buildings. The complex would consist of one, two, and three bedroom units. Project
amenities include a 2,565 square foot resident cornmunity center and a children's
playground/picnic area. Please refer to the proj ect surnnlary chart attached to the staff report for
project details.
AI~TALYSIS: The applicant proposes all of the units to be available for low and very-low
income households, and is requesting approval of one Tier Two Incentive. T~ie following
includes a detailed analysis of the requested project.
Ineentives: No Tier One incentives are being requested by the applicant. The applicant requests
one Tier Two Incentive from the City for a reduction of the required interior setback along the
east, west, and south property lines. The following table lists the Tier One interior setback
standard requirements and the requested Tier Two incentive:
RECLASSIFICATION NO. 2008-00227
February 18, 2009
Page 3 of 5
Landscaping
North (adjacent to Lincoln Ave.) 20 feet** 15-25 feet
East (adjacent to apartments) 15 feet 10 feet*
South (adjacent to vacant lot) 35 feet 14 feet*
West (ad'acent to trailer ark) 5 2 feet*
Building Setback
North (adjacent to Lincoln Ave.) 20 feet** 15-25 feet
East (adjacent to apartments) 15 feet 10 feet*
South (adjacent to vacant lot) 35 feet 14 feet*
West (ad'acent to trailer ark) 15 feet 58 feet
** An average setback of 20 feet is required, with a minimum 15 feet permitted; provided,
however, that for every foot of building frontage having a setback of less than 20 feet,
there shall be a foot of building frontage having a setback correspondingly greater than
20 feet.
The applicant proposes to construct an affordable rental housing project conforming to all
multiple-family residential development standards with the exception of the above-mentioned
interior setback requirements. This incentive contributes to the affordability of the project as
compliance could result in a reduction of affordable units. The proposed setback incentive will
not have an adverse impact upon the public health and safety or on the physical environment.
The City is required to grant the requested incentives if the proposed housing development is
otherwise in conformance with Code, unless it makes the proper findings for denial. The project
is consistent with Code requirements to grant the requested incentive. The applicant's pro-forma
on file with the Planning Department has demonstrated that the requested incentives will be
necessary to make the housing units economically feasible. Prior to issuance of building permits
for this housing development, the developer is required to enter into an Affordable Housing
Agreement with the City, in addition to a Density Bonus Housing Agreement with the-~3ousing
Authority, to ensure that the affordable units will remain restricted and affordable to the
designated group for a period of at least 55 years and that all code requirements will be met.
Staff believes that the applicant addressed the Cornmission's concerns from the August 18, 2008
public hearing regarding the 4-story building height and its potential impact on the single family
homes across the flood control channel. More specifically, the applicant reduced the density of
the project from 51 to 45 units and lowered the building height from 4 stories to 3 stories,
resulting in less visibility and privacy impacts on the single family homes. Also, staff believes
that the proposed 3-story building height would be more compatible with the 3-story apartment
complex to the east. Lastly, the applicant attended a community meeting with West Anaheim
comrnunity representatives on February 4, 2009 and met with neighbors on Tola Avenue
informing them about the project. The community indicated that they supported the reduced
density and building height and were in favor of the project.
RECLASSIFICATION NO. 2008-00227
February 18, 2009
Page4of5
Parl~ing Reqeaire~nents: Plans indicate 75 parking spaces in compliance with the 74 parking
spaces required for affordable rental housing developments. The Density Bonus Housing
Agreement would require that the number of vehicles permitted in the development be limited to
the number of parking spaces provided.
Buald'ax-g Elevations: Staff believes the elevations complement the neighborhood and are
consistent with the City's design policies for residential developments along arterial highways.
The elevations incorporate architectural detailing through the use of a variety of materials such
as wood, stucco, and a complementary range of colors. The units along Lincoln Avenue have
entry porches to create a pedestrian friendly street environment consistent with the General Plan
design guidelines.
12eclassification: This reclassification would implement the Medium Density Residential land
use designation of the General Plan. This property is also identified as Site No. 37 in the
Housing Element, which means it has been designated as a potential site for affordable housing
development. The Anaheim Redevelopment Agency owns the property and is currently in
negotiations with a developer to construct the proposed affordable rental apartment project.
Based on this medium density designation, the property would allow up to 61 housing units at a
density of 36 dwelling units per acre. A project with a minimum of 20% af units a~fordable to
very low income households would further qualify for a 35% density bonus allowing up to 82
units on this property. The proposed 45-unit affordable apartment complex is below the density
allowed by this zoning designation.
At the August 18, 2008 meeting the Commission expressed concerns about the maximum
permitted density in the RM-4 zone and whether a RM-3 zone would be more appropriate for the
property. The ma~cimum density permitted in the RM-4 zone is 48 dwelling units pex acre
(including the 35 percent density bonus), whereas the maximum density ~ermitted in the RM-3
zone is 24 dwelling units per acre (including the 35 percent density bonus). The proposed
density of this 45-unit apartment project is 26 dwelling units per acre. The applicant is
requesting a rezoning to the RM-4 zone as the RM-3 zone would not be able to accommodate the
project density. _ .:~,__.
CONCI~iJSION: The project will provide affordable housing in furtherance of the City's
Housing Element, with all of the units to be rented as affordable to low and very-low income
households. The proposed project would be compatible with surrounding land uses and will not
adversely affect the adjoining land uses. The applicant's pro-forma has demonstrated that the
requested incentives would be necessary to make the housing units economically feasible. The
proposed zoning implements the General Plan designation for this property and is compatible
with the multiple-family zoning of the properties to the east on Lincoln Avenue. Therefore, staff
recommends approval of the reclassification to the RM-4 zone. Staff also recommends that the
Plaruiing Commission determine that the proposed 45-unit affordable rental housing complex
with a development incentive is in conformance with the Density Bonus Code.
RECLASSIFICATION NO. 2008-00227
February 18, 2009
Page 5 of 5
Respectfully submitted,
r ~~ ~G~' ~ '~'°~~,~'~/~,
~~ ~
Principal Planner
Concurred by, ~~, ~~~
~'~ ~!~.~~~°'~~
Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Reclassification Resolution
3. Draft Miscellaneous Resolution
4. Project Suimnary
5. Reclassification Justification Letter
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Services Division at City Hall.
6. Plans (Site Plan, Floor Plans, Unit Plans, Elevations)
7. Site Photographs
L~l'~~'A(: li~l~'.N'1' NUe 1
RM-4 RM-4
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February 18, 2009
Subject Property
Reclassification No. 2009-00227
Miscellaneous No. 2009-00298
~ 2748 VVest Lincoln Avenue
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February 18, 2009
Subject Property
Reclassification No. 2009-00227
Miscellaneous No. 2009-00298
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[ F'I'] A'I"I'AC ENT NOa 2
RESOLUTION NO. PC2009-* * *
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION
AND APPROVING RECLASSIFICATION NO. 2009-00227
(2748 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Reclassification on certain real property situated in the City of Anaheim, County of
Orange, State of California, shown on E~ibit "A", attached hereto and incorporated herein by
this reference; and
WHEREAS, this properly was previously developed with the Lincoln Inn motel
and is in the General Commercial {GG) zone with a General Plan land use designation of
Medium Density Residential; and
WHEREAS, the property owner has requested approval of a Reclassification to
reclassify the property from the General Commercial (GG) zone to the Multiple-Family
Residential (RM-4) zone, consistent with the General Plan land use designation of Medium
Density Residential; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 18, 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
hear~ng, does find and determine the following facts:
1. That reclassification of subject property from the General Commercial (C-G)
zone to the Multiple-Family Residential (RM-4) zone would be consistent with the praperty's
existing Mediurn Density Residential land use designation on the General Plan.
2. That the proposed reclassification of subject property is necessary and/or
desirable for the orderly and proper development of the community and is consistent with the
properties east of the property on Lincoln Avenue.
3. That the proposed reclassification of subject property does properly relate to
the zones and their permitted uses locally established in close proximity to subject property and
to the zones and their permitted uses generally established throughout the community.
4. That *** indicated their presence at said public hearing in opposition; and
that *** correspondence was received in oppasition to subject petition.
- 1 - PC2009-* * *
NOW, THER.EFORE, BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the Negative Declaration is
adequate to serve as the required environmental documentation in connection with this request.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim City
Planning Commission does hereby unconditionally approve the subject Reclassification to
authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the
above-described property from the General Comrnercial (C-G) zone and to incorporate said
described property into the Multiple-Family Residential (RM-4) zone.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning
of, or a commitment by the City to rezone, the subject property; any such rezoning shall require
an ordinance of the City Council, which shall be a legislative act, which may be approved or
denied by the City Council at its sole discretion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 18, 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 )
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 February 18, 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
February,2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 2 - PC2009-* * *
EX~II~IT ~~A,~
I~ECI,AS~IFICA'I'IOI~T NOo 2009-00227
LINCOLIV AVE
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Please note the accuracy is +/- two to five feet.
10700
- 3 - PC2009-* * *
[ FT] ATTr~C ENT' N a 3
RESOLUTION NO. PC2009-* * *
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A IVEGATIVE DECLARATION AND
APPROVING MISCELLANEOUS CASE NO. 2009-00298
(2748 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Density Bonus Application for certain real property situated in the City of Anaheim, County of
Orange, State of California, shown on Exhibit "A", attached hereto and incorparated herein by
this reference.
WHEREAS, the Density Bonus Application was submitted in conjunction with a
petition for approval of Reclassification No. 2009-00227 to reclassify the property from the
General Commercial (C-G) zone to the Multiple-Family Residential (RM-4) zone, consistent
with the Genearal Plan land use designation of Medium Density Residential; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 18, 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 proposed
Density Bonus Application and Reclassification and to investigate and make findings and
recommendations in connection therewith;
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
1. That the proposed Density Bonus Application to construct a 45-unit affordable
apartment complex is authorized under Anaheim Municipal Code Section 18.52.090 and
includes one Tier Two incentive for a reduction in the minimum interior setback requirement
along the east, west, and south property lines. A 15-foot landscape and building setback is
required along the east properly line and 10 feet is proposed; a 35-foot landscape and building
setback is required along the south property line and 14 feet is proposed; and a 5-foot i~andscape
setback is required along the west property line and a 2-foot planter is proposed.
2. That granting of the Density Bonus Application under the conditions imposed,
will not be detrimental to the health and safety of the citizens of the City of Anaheim and will
provide a land use that is compatible with the scale and character of the existing neighborhood
and nearby land uses.
3. That the affordable housing development will preserve the integrity and character
of the zoning district and the General Plan.
4. That the affordable housing development will be consistent with design guidelines
established for affordable housing and will comply with all affordability requirements.
- 1 - PC2009-* * *
5. That development of the project with the requested development incentive is
subject to implementation of a density bonus housing agreement as defined in Anaheim
Municipal Code Section 18.52.230.
6. That the applicant's pro-forma has demonstrated that the requested incentives
would be necessary to make the housing units economically feasible.
7. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to the subject petition.
WHEREAS, the Anaheim City Planning Commission has reviewed the proposal
and does hereby find that the Negative Declaration is adequate to serve as the required
environmental documentation in connection with this request; and
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Miscellaneous Case No. 2009-00298
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 amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment 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 FURTHER RESOLVED that the applicant is responsible for paying all
.~_.
charges related to the processing of this discretionary case applicatiori within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 18, 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.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
- 2 - PC2009-***
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 February 18, 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
February, 2009.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 3 - PC2009-* * *
~~ I~IT' re~vv
ISCEI,I,r~1~TE0i.TS 1~T0. 2009-0029~
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10700
-1- PC2009-***
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IdIISCELI,AI~EOUS PE IT 1~0. 2009-00298
SPOl~SI~LE
FOR
NO. COl~I)ITIOI~iS OF APPI~OVAL 1VIOl~iITO l~iG
I' OIZ 7'O I,~`~`S`
, ZIAIVC'E O~'A ~l`IILIDI~lG' FE IT :-..
1 All plumbing or other similar pipes and fixtures located Planning
on the exterior of the building shall be fully screened by
architectural devices andlor appropriate building
materials. Said inforrnation shall be specifically shown
on the plans submitted for building permits.
2 All air-conditioning facilities and other ground-mounted Planning
equipment shall be properly shielded from view and the
sound buffered from adjacent residential properties.
Said information shall be specifically shown on the plans
submitted for building permits.
3 Locations for future above-ground utility devices Planning
including, but not limited to, electrical transformers,
water backflow devices, gas, communications and cable
devices, etc., shall be shown on plans submitted for
building permits. Plans shall also identify the specific
screening treatments of each device (i.e. landscape
screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to the review and
approval of the appropriate City departments.
4 Plans submitted for building permits shall include a note Planning
that on-going during project operation no required
~
parking areas shall be fenced or otherwise enclosed for
outdoor storage uses.
5 The legal property owner shall enter into an Planning
unsubordinated recorded agreement with the City of
Anaheim pursuant to California Governrnent Code
Section 65915 to provide that a minimum of twenty (20)
percent of the total proposed number of residential units
shall be rented as very low income housing units as
defined in California Government Code Section 65915
and with appropriate rental controls as approved by the
City of Anaheim for a period of not less than fifty five
(55) years from the date of issuance of occupancy
-5- PC2009-* * *
permits. A copy of the recorded covenant shall be
submitted to the Planning Services Division.
6 A private water system with separate water service for Public Utilities -
fire protection and domestic water shall be provided. Water
7 Any required relocation of City electrical facilities shall Public Utilities -
be at the developer's expense, with the exception of the Electrical
existing utility poles along the east property line.
Landscape and/or hardscape screening of all pad-
mounted equipment shall be required and shall be shown
on plans submitted for building permits.
8 All backflow equipment shall be located above ground Public Utilities -
outside of the street setback area in a manner fully Water
screened from all public streets. Any backflow
assemblies currently installed in a vault shall be brought
up to current standards. Any other large water system
equipment shall be installed to the satisfaction of the
Water Engineering Division in either underground vaults
or outside of the street setback areas in a manner fully
screened from all public streets and alleys. Said
information shall be shown on plans and approved by
Water Engineering and the Cross Connection Control
Inspector before submittal for building permits.
9 Since this project has a common landscaping area Public Utilities -
exceeding 2,500 square feet, a separate irrigation meter Water
shall be installed and shall comply with City Ordinance
No. 5349 and Chapter 1019 of the Anaheim Municipal
Code, Said information shall be shown on plans
submitted for building permits.
1 Q= The developer shall submit street improvement plans to Public °~dorks
improve Lincoln Avenue, including planting and
irrigation for the public parkway, to the Public Works
Department, Development Services Division. The
parkway landscaping strips shall be constructed with the
irrigation connected to the on-site irrigation system and
maintained by the property owner. The developer shall
submit a bond to guarantee that the improvements are
constructed prior to final zoning and building
inspections.
11 The legal property owner shall submit an application for Public Works
a Subdivision Map Act Certificate of Cornpliance to the
Public Works Department, Development Services
-6- PC2009-* * *
Division. A Certificate of Compliance or Conditional
' Certificate of Compliance shall be approved by the City
Engineer and recorded in the Office of the County
Recorder.
12 The property owner shall irrevocably offer to dedicate to Public Works
the City of Anaheim an easement sixty (60) feet in width
from the centerline of the street along Lincoln Avenue
for street widening purposes.
13 The property owner/developer shall submit to the Public Public Works
Works /Deve~opment Services Division, for review and
approval, a Water Quality Management Plan, as
described in Drainage Area Management Plan for
Orange County. Said WQMP shall:
• Address Site Design Best Management Practices
(BMPs) such as minimizing impervious axeas,
maximizing permeability, minimizing directly
connected impervious areas, creating reduced or
"zero discharge" areas, and conserving natural
areas.
• Incorporate applicable Routine Source Control
BMPs.
• Incorporate Treatment Control BMPs.
Describe the long-term operation and maintenance,
identifies the responsible parties, and funding
mechanisms for the Treatment Control BMPs.
14 The properiy owner/developer shall: Public Works
• Demonstrate that a11 structural BMPs described in
the Project WQMP have been constructed and
installed in conformance with approved plans and
specifications. --- - - --~_~
• Demonstrate that the property owner/developer is
prepared to implement a11 non-structural BMPs
described in the Project WQMP
• Demonstrate that an adequate number of copies of
the approved Project WQMP are available onsite.
Submit for review and approval by the City an Operation
and Maintenance Plan for all structural BMPs.
PIZIOlt T'O F'INAL ~UfLI)INGANI) ZONING INSI'EC'TI~NS
15 Plans submitted for building permits shall include a note Public Works
that fire lanes shall be posted with "No Parking Any
Time" prior to final building and zoning inspections.
-7- PC2009-* * *
~~~~ co~~~~~~~s
16 Any tree planted on-site shall be replaced in a timely Code Enforcement
manner in the event that it is removed, damaged,
diseased and/or dead. That the property shall be
permanently maintained in an orderly fashion by
providing regular landscape maintenance, removal of
trash or debris, and removal of graffiti within two (2)
business days from time of discovery.
17 The subject property shall be developed substantially in Planning
accordance with the plans and specifications submitted
to the City of Anaheim by the applicant and which plans
~ are on file with the Planning Department Exhibit Nos. 1
(Site Plan), 2-4 (Floor Plans), 5(Unit Plans), and 6
(Elevations) and as conditioned herein.
18 Approval of this application constitutes approval of the Planning
proposed request only to the extent that it complies with
the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval
does not include any action or findings as to compliance
or approval of the request regarding any other applicable
ordinance, regulation or requirement.
-8- PC2009-***
ATTAC EI~T'I' NOm 4
PROJEC~ ~UMMARY
l~ISCEI.LAl~iEOUS CASE 1~T0. 2009-0029~
Site Area 1.7 acres N/A
3 6 du/acre maximum
Density 26 du/acre {48 du/acre including the
35% densi bonus)
Lot Covera e 29% 55% maximum
Recreation Leisure Area 14,922 s.£ 9,000 s.f.
Parking 75 s aces 74*
Buildin Hei ht 35 feet 40 feet maximum
Number of bedrooms Min. Size:
Unit 1 1 Bedroom: 770 s.f. 1 Bed: 700 s.f.
Unit 2 2 Bedrooms: 1,078 s.f. 2 Bed: 825 s.f.
Unit 3 3 Bedrooms, 1,087 s.£ 3 Bed: 1,000 s.f.
* Permitted under the Density Bonus ordinance.
;_~
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A~AHFIn~
~EVELOPtiIENT 1u1y22, 2008
AGENCY
City of Anaheim
Planning Deparlment
200 S. Ailaheim Boulevard
Anaheim, CA 92805
~e: Justitication Letter
Cherry Orchard
274~ W. Lincoln Avenue
Anaheim, California
A~'N: 126-022-09
Ladies and Gentlemen:
r~T'~'AC I~EN'~' NO. 5
This is to request a Zone Reclassification fi•om General Commercial (GG) to Multiple-
Family Residential (RM-4} zone for the property located at 2748 W. Lincoln Avenue.
Please see the attached boundary inag for reference. The puipose of the requested Zone
Reclassification is to allow for the development of the multifamily residential housing ata
density of up to 3E~ units to the acre. The Anaheim Redevelopmen[ A~ency is currently in
negotiations with a developer to build a 100 percent affordable multifamily residentia]
housing project on the site.
The Plannin; Commission approved a General Plan Amendment (GPA) 7uly 20(l6 to
redesignate the site fi-om Low-Medium Density Residential to Medium Density Residential.
The City Council subsequently approved the GPA August 2006. The GPA established the
Iand use designation for future development of the site consistent with surroundin~ and
proposed developments in the area.
The buildings on the si[e (formerly the Lincoln Inn) were recently demolished to make way
f~r development of the site. The site is surrounded by Mobile. Home Park to the ~vest, a
vacant lot and drainage channel to the south, a muttifamily development to the easf and
Cominercial uses to [he nor[h across Lincoln Avenue. Tlle requested Reclassification will
facilitate khe development of a blighted ~roperty with new residential development
_consistent with suiYOUnding uses. The proposed RM-4 zoning classi~icat~on wi11
complement and support the area and will help meet the goals for the development of
affordable ifamily residential housing under the Affordable Housing Strategic Plan
adopted the ity Cgx~Fil Augvst 2~OS
Iy,
Andy N
Project ~
Attachment:
201 Sucr!i ~1:::~iiFC,; [3rt.iF~ni:t~
Boundary Map
S~irr 100:3
ra.,-,rae~a i ai_imr.r~i~~ 92R0;
F:\i %~-~ ~f]S-~.3]3
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Fr1DOC5\ADbllMLtil"I'ERSV71.860-0AJusiific~iiun Lcr Chem• Grcinu'd.UOC
IT'E 1~0a 4
PI.1-~ Il~G CO I~SI lY AGEN A P 12'I'
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280 -
www.anaheim.net
City of Anaheim
I~I,1~1V~TII~TG EP 'T EN'T
DA'I'E: FE~IgUAI~Y 1~, 2009
FItO1VI: PLAl~tI~1II~TG SE1tVICES 1VIANAGEI2
~A V L' ~E~y ~A~~J~~ d i E~L-91\1`C~l~
SU~JEC'I': COI~11)I'I'IOI~TAI~ iJSE PE IT 1~T0. 200~-05396
LOCt~TI01~: 3125 East Coronada Street
APPLICAN'~'/PROl'ERTY OWNER: The applicant is Jonathan Michaels with
Techco and the property owner is Kilroy Realty.
QUEST': The applicant proposes to conduct automobile-related uses in an
existing warehouse building including the retail sales of automotive parts,
automotive repair, vehicle sales, vehicle storage, and to permit community and
private events with consumption of alcoholic beverages in two meeting rooms.
COIVIIVIENDAT'ION: Staff recommends that the Planning Commission adopt
the attached resolution determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional
Use Permit No. 2008-45396.
BACKGROUNI): The 7.5-acre property is currently developed with a 144,000
square foot industrial warehouse building. The property is located in the SP 94-1,
D.A. 2(Northeast Area Specific Plan, Expanded Industrial Area) zone and the
Merged Redevelopment Project Area. The General Plan designates this property and
all surrounding properties for industrial land uses.
F1~OPOSAI,: The applicant proposes to conduct automobile-related uses in an
existing warehouse building. Submitted plans indicate a storage and sales area, an
auto parts manufacturing and repair area, offices, and two meeting rooms for events
within the building. The applicant's letter indicates that Techco manufactures and
installs high performance automotive parts and accessories. The business is in the
process of opening a new division, Concours Motorcar Company, and this new
division will sell exotic and collector cars, rent exotic cars, store vehicles and trucks,
and host community and private events. Some events will include the consumption
of alcoholic beverages. All food service will be provided by a catering company.
Days and hours of operation will vary depending on the type of event. No
modifications or expansion to the exterior of the building are proposed.
CONDITIONAL USE PERMIT NO. 2008-05396
February 18, 2009
Page 2 of 2
A1~Tr~LYSIS: A conditional use permit is being requested to allow automobile-related uses in an
existing warehouse building including the retail sales of automotive parts, automotive repair,
vehicle sales, vehicle storage, and to permit community and private events with consumption of
alcoholic beverages in two meeting rooms. On-site parking is adequate as Code requires 388
parking spaces for this use and 412 parking spaces are provided on the property. The Anaheim
Police Department is not opposed to the consumption of alcoholic beverages for private events
on the premises. Staff is supportive of this request because it complies with all development
standards in the SP 94-1, D.A. 2 zone and would be compatible with adjacent industrial land uses
in the area. Therefore, staff recommends approval of the requested conditional use permit.
CO1~CL,IJSI01~1: Staff has evaluated the request and believes the proposed uses are compatible
with the adjacent land uses, Therefore, staff recommends approval of the proposal.
Respectfully subrnitted,
G~~~ c~~s~-
Principal Planner
Attach~nents°
1. Vicinity and Aerial Maps
2. Draft Resolution
3. Letter of Operation
Concurred by, ~~ ~
~~ /%~'1-S'~%~
Planning Services Manager
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Services Division at City Hall.
4. Site Photographs
5. Plans (Site and Floor Plans)
in 0
feet
February i 8, 2009
Subject Property
Conditional Use Permit No 2008-05396
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February 18, 2009
NM
Subject Property
Conditional Use Permit No. 2008 -05396
3125 East Coronado Street
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April 2008
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10701
[ ~T] AT'Tr~C ENT NO> 2
RESOLUTION NO. PC2009-* * *
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05396
(3125 EAST CORONADO STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit to allow automobile-related uses in an existing warehouse
building including the retail sales of automotive parts, automotive repair, vehicle sales, vehicle
storage, and to permit community and private events with consumption of alcoholic beverages in
two meeting rooms 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 automobile-related uses in an existing
warehouse building is currently developed with a warehouse building located in the SP 94-1,
D.A. 2(Northeast Area Specific Plan, Expanded Industrial Area) zone and the Merged
Redevelopment Project Area and the property is designated as Industrial on the City of Anaheim
General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 18, 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 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 automotive repair, rental, storage, sales and community event uses in the SP
.m_
94-1, D.A. 2(Northeast Area Specific Plan, Expanded Industrial Area) zone is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section
18.120.070.050.0504 (Automotive vehicle repair, overhaul, installation of parts and accessories,
modification, painting, body work and other similar vehicular activities, including incidental
retail sales of accessories).
2. That the proposed automotive repair, rental, storage, sales and coznmunity event
uses would not adversely affect the adjoining industrial land uses and the growth and
development of the area in which it is proposed to be located because the property is currently
improved with a 144,000 square foot industrial building and all work and storage related to the
automotive-related uses would be conducted entirely indoors.
3. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrirnental ta the particular area nor to the health, safety and
- 1 - PC2009-* * *
general welfare of the public because the property is currently improved with an industrial
building and 412 parking spaces. Code requires a total of 3~8 spaces for the proposed use;
therefore, the parking supply will exceed Code by 24 spaces.
4. That the traffic generated by the business would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
number of cars and trucks entering and exiting the site are consistent with typical industrial
businesses that would be permitted as a matter of right within the SP 94-1, D.A. 2(Northeast
Area Specific Plan, Expanded Industrial Area) zone.
5. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2008-05396
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 propased use of the
subject property in order to preserve the health, safety and general welfaxe of the Citizens of the
City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the duration of tk~e use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment 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 courF 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 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 February 18, 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.
- 2 - PC2009-***
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COLINTY 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 February 18, 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
February, 2009.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 3 - PC2009-* * *
~~ I~I~ ~r~tv
COI~TDI'TIOI~~I, USE PE1~IVII'I' NO. 200~-05396
~' g~~'~' 66~99
CONI)ITIOl~AI. iJSE PE IT 1~10. 200~-05396
1~~POl~iSI~I,E
FOR
1~T0. CONI)ITIONS OF AI'1'ItOVAL 1VIOl~TITO I~G
GEl~~ C'O1 Vl)ITIONS
1 The applicant shall monitor the area under their control Police,
in an effort to prevent the loitering of persons about the Code Enforcement
' premises.
2 Trash storage areas shall be provided and maintained in Planning,
a location acceptable to the Public Works Department public Works
and in accordance with approved plans on file with said
Department. Said storage areas shall be designed,
located and screened so as not to be readily identifiable
from adjacent streets or highways.
3 Parking lots, driveway, circulation areas, aisles, Police,
passageways, recesses and ground contiguous to Code Enforcement
buildings, shall be provided with lighting of a minimum
one (1) foot candle power to illuminate and make clearly
visible the presence of any person on or about the
premises during the hours of darkness and provide a
safe, secure environment for all persons, property, and
vehicles onsite.
4 The business sha11 not employ or permit any persons to Police
solicit or encourage others, directly or indirectly, to buy
them drinks in the licensed premises under any
commission, percentage, salary, or other profit-sharing
plan, scheme or conspiracy. (Section 24200.5 Alcoholic
Beverage Control Act). __ _,~. .
5 The number of persons attending community events shall Police, Fire
not exceed the m~imum occupancy load as determined
by the Anaheim Fire Department. Signs indicating the
occupant load shall be posted in a conspicuous place on an
approved sign near the main exit(s) from the room(s).
(Section 25.114(a) Uniform Fire Code).
- 5 - PC2009-* * *
6 At all times during assembly, security measures Police
provided shall be adequate to deter unlawful conduct on
the part of employees or patrons, or to promote the safe
and orderly assembly and movement of persons and
vehicles, or to prevent disturbance of the neighborhood
by excessive noise created by patrons entering or leaving
the premises. .
7 Any and all security officers provided shall comply with Police
all State and Local ordinances regulating their services,
including, without limitation, Chapter 11.5 of Division 3'
of the California Business and Profession Code.
8 No minor under the age of sixteen (16) years shall be Police
allowed while alcohol is being consumed on the
premises, unless said minor(s) are accompanied by a
parent or guardian.
9 No "happy hour" type of reduced price alcoholic Police
beverage promotion shall be permitted.
10 The applicant shall not share any profits, or pay any Police
percentage or commission to a promoter or any other
person, based upon monies collected as a door charge,
cover charge, or any other form of adrnission charge,
including minimum drink orders, or the sale of drinks.
11 If an Alcoholic Beverage Lxcense is applied for, the Police
applicant shall comply with all ABC (Alcoholic
Beverage Control) requirernents.
12 The property shall be permanently maintained in an Code Enforcement
orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and ~
removal of graffiti within two business days from the
time of discovery.
- 6 - PC2009-* * *
13 The subject property shall be developed substantially in Planning
accordance with the plans and specifications submitted
to the City of Anaheim by the applicant and which plans
are on file with the Planning Department Exlubit Nos. 1
(Site Plan) and 2(Floor Plan) and as conditioned herein.
14 Approval of this application constitutes approval of the Planning
proposed request only to the extent that it complies with
the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval
does not include any action or findings as to compliance
or approval of the request regarding any other applicable
ordinance, regulation or requirement.
- 7 - PC2009-* * *
IT'E N o 5
PI.A ING C ISSI I~ r~GE A PO T
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of 1~naheim
PLA~II~C~ I~EP 'T EI~TT'
DATE: FE~RiJr~I~~' 18, 2009
FI~OIVI: PI,A1~Tl~iING SERVICES 1VIAI~iAGEIa
~~~ 1 A 81~EIIli'd9 S 1l~~DL~ 1 d L~1\1\L' S\
SU~.IECT: CONI)I'TI01~1AI, USE PE IT I~TO. 2008-05395
1~QgJEST I+OIS DETE INATIOI~t OF PU~I,IC
CONVEI~iIEl~TCE OI~ l~ECESSIT~' 1~i0. 2009-00055
I,OCA~'ION: 1151 North Euclid Street
APPI,ICAI~TT/PROPER~'Y O~TEIZ: The applicant is Dick Evitt and the property
owner is Kook Hoon Cho.
~iJES~': The applicant proposes to establish a convenience market in an existing
commercial building with a Type 21 (off-sale general) ABC license for the sales of
beer, wine and distilled spirits for off-premise consumption.
COMIVIEI~IDATIOI~T: Staff recommends the Planning Commission adopt the
attached resolutions, determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional
Use Permit No. 2008-05395 and a Request for a Determination of Public
Convenience or Necessity No. 2008-00055.
BACI~G120UlWD: The property is developed with a 16,830 square foot commercial
retail building. The applicant is requesting a convenience market to be located in a
1,428 square foot retail unit in the building. The property is located in the General
Commercial (GG) zone. The General Plan designates this property and the
properties to the north and south as Corridar-ResidentiaL - Properties to the west are
designated for medium density residential land uses.
PItOPOSAL: The applicant is requesting a conditional use permit and a
determination of public convenience or necessity to permit a convenience market
with the sales of beer, wine and distilled spirits for off-prernise consumption. The
floor plan indicates grocery shelves, a walk-in cooler and a sales counter. The total
floor area of the proposed convenience market is 1,428 square feet. The applicant
proposes to sell beer, wine and distilled spirits for off-premises consumption within
the convenience market. The total percentage of the floor area designated for the
sale of beer and wine will not exceed 25%, including refrigerators, display areas, and
open shelving. The convenience store will include everyday necessities such as
general household products, packaged food products, and beverages.
CONDITIONAL USE PERMIT NO. 2008-05395
February 18, 2009
Page 2 of 3
Al~ALYSIS: Following is staff's analysis and recommendations on the requested convenience
market with sales of beer, wine and distilled spirits
Convenienee anarket: The proposed convenience market and the sale of beer, wine and
distilled spirits for off-premises consumption is a compatible use in the area and will provide a
convenience to the customers visiting the convenience market. Staff believes that with the
conditions of approval relating to restrictions on alcoholic beverage packaging, displays, signage,
property maintenance, and on-site consumption, the use would not be detrimental to the area.
Therefore, staff recornmends approval of the application.
Publie Convenience o~- l~ecessity: State law requires a deterrnination 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. 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 license. A determination of Public Convenience
or Necessity is required from the City because this property is located within a reporting district
with a high crime rate.
The Anaheim Police Department has indicated that this property is located within Reporting
District 1421, which has a crime rate of 114 percent above the City average. This property is
also located within Census Tract No. 867.01 which has a population of 8,598. This census tract
allows fox five off-sale licenses and there are currently four off-sale licenses in the tract. Since
the crime rate is in this police reporting district is higher than the City average, a determination
of public convenience or necessity will be required for this request. The Police Department has
reviewed the proposed request and recommends approval subject to conditions that have been
incorporated into the attached resolution.
CONCI~iJSIOI~i: The proposed sale of beer, wine, and distilled spirits for off-premises
consumption is a compatible use within a convenience market and will provide a conv~nience to
the customers visiting the market. Staff believes that with the conditions of approval relating to
restrictions on alcoholic beverage packaging, displays, signage, property maintenance, and on-
site consumption, the use would not be detrimental to the area. Therefore, staff recommends
approval of the application.
Respectfully submitted,
~
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Principal Planner
Concurred by,
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Planning Services Manager
r~ttachflnents:
1. Vicinity and Aerial Maps
2. Draft CUP Resolution
Conditional Use Permit No. 2008-05395
February 18, 2009
Page 3 of 3
3. Draft PCN Resolution
4. Project Suminary
5. Letter of Operation
6, Police Department Memorandum
7. Police Reporting District Map
8. On-Sale ABC License Census Tract Map
9. Off-Sale ABC License Census Tract Map
The following attachments were provided to the Planning Commission and are available for
public review at the Pla.nning Services Division at City Hall.
10. Plans (Site and Floor Plans)
11. Site Photographs
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Subject Property
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Public Convenience or Necessity No. 2009 -00055
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RESOLUTION NO. PC2009-* * *
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1 (EXISTING FACILITIES)
AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05395
{1151 NORTH EUCLID STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for a Conditional Use Permit to permit a convenience market with the sales of beer, wine
and distilled spirits 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 tlus
reference.
WHEREAS, the applicant has requested approval of a conditional use permit to
permit a convenience market with the sales of beer, wine and distilled spirits 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 February 18, 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 Connmission, 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 deterrnine the following facts:
1. That the proposed request to permit a convenience market with the sales of beer,
wine and distilled spirits is properly one for which a conditional use permit is authorized under
Code Section 18.08.030.040.0402 of the Anaheim Municipal Code; and
2. That the convenience market, 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 commercially zoned and is located in a commercial retail center.
3. That the size and shape of the site for the use is adequate to allow the convenience
maxket in a manner not detrimental to either the particular area or health and safety as
conditioned, as the property is located in an existing commercial retail center and canvenience
market will require the sarne number of spaces as the previous retail tenant.
4. That the traffic generated by the use of the property as a convenience market, as
conditioned, will not impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area and;
- 1 - PC2009-* * *
5. That the granting of the conditional use permit under the conditions imposed will
not be detrimental ta the health and safety of the citizens of the City of Anaheim.
6. That *** persons indicated their presence at said public hearing in opposition; and
that *** correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project fal~s 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 for the reasons hereinabove stated does hereby approve Conditional Use Permit No.
2008-05395 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 approved without lirnitations
on the hours of operation or duration of use. Amendrnents, modifications and revocations of this
permit may be processed in accordance with Chapter 18.60.190 (Amendment 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 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. ~
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 18, 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 PLANNING COMMISSION
- 2 - PC2009-***
STATE OF CALIFORNIA )
COUNTY OF OR.ANGE ) 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 Cornmission held on February 18, 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
February, 2009.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 3 - PC2409-* * *
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COI~DIT'IONAI, I1SE PEI~ I'T 2008-05395
CUTTER RD
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GLEN AVE
o so ~oa Source: Recorded Tract Maps and/or City GIS.
Please note the aceuracy is +/- two to five feet.
Feet
10702
- 4 - PC2009-* * *
~ I~I~ 6L~99
COI~I)I'I'IONAL IJSE PE IT I~O. 200~-05395
SI'Ol~iSI~I,E
FOR
I~TO. CONDITI01~1S OF APPROVAL M01~1IT0 1~1G
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1 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 rnaterial. Numbers should
face the street to which the structure is addressed. Numbers
are not to be visible from ground level.
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2 The 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(Site
Plan) and 2(Floor Plan), and as conditioned herein.
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3 No required parking areas shall be fenced or otherwise Planning/Code
enclosed for outdoor storage uses. Enforcement
4 All exterior doors shall have adequate security hardware. Police
5 Rear entrance doors shall be numbered with the same Police
address numbers or suite number of the business. Addresses
shall have a minimum letter height of 4 inches.
6` 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.
7 The applicant shall maintain on file an Emergency Listing Police
Card, Form APD-281, with the Police Department.
8 The applicant shall complete a Burglary/Robbery Alaxm Police
Permit application, Form APD 516, and return it to the
Police Department prior to initial alanm activation.
- 5 - PC2009-
SPONSI~I.E
FOR
1~0. CONI)ITIONS OF APl'ROi~AL 1VIONIT'O NG
9 There shall be no exterior advertising or sign of any kind or Police/Code
type, including advertising directed to the exterior from Enforcement
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.
10 No alcoholic beverages shall be displayed outside of the Police/Code
building or within five (5) feet of any public entrance to the Enforcement
building.
11 The area of alcoholic beverage displays shall not exceed Police/Code
25% of the total display area in a building Enforcement
12 The sales of alcoholic beverages shall be made to customers Police/Code
only when the customer is in the building. Enforcement
13 No person under 21 years of age shall sell or be permitted to Police/Code
sell alcohol unless under continuous supervision of an adult Enforcement
21 years of age or older.
14 Beer and malt beverages in quantities of quartz, 22 oz., 4 oz., Police/Code
or similar size containers are prohibited and shall not be sold Enforcement
in packages containing less than a 6 pack.
15 The possession of alcoholic beverages in open containers Police/Code
and the consumption of alcoholic beverages are prohibited Enforcement
on or around the premises.
16 The parking lot, shipping and receiving areas, driveways, Police/Code
circulation areas, aisles, passageways, recesses and grounds Enforcement
~ contiguous to buildings of the premises shall be equipped -~~
with lighting of a minimurn one (1) foot candle power to
illurninate 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.
17 There shall be no amusement machines, video game devices Police/Code
or pool tables maintained on the premises at any time. Enforcement
18 There shall be no public telephones on the property that are Police/Code
located outside of the building and within the control of the Enforcement
applicant,
- 6 - PC2009-
19 Wine shall not be sold in bottles or containers smaller than Police/Code
750 ml. and wine coolers shall not be sold in packages Enforcement
containing less than a 4 pack.
20 Extensions for further time to complete conditions of Planning
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
21 That timing for compliance with conditions of approval rnay Planning
be amended by the Planning Director upon a showing of
good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition(s),
(ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved
development.
22 Approval of this application constitutes approval of the Planning
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable
City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance,
regulation or requirement.
- 7 - PC2009-
[ FT] A'I"I'AC 1VTENT l~ a 3
RESOLUTION NO. PC2009-* * *
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1 {EXISTING FACILITIES) AND
APPROVING A DETERMININATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2009-00055
(1151 NORTH EUCLID STREET)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134
establishing procedures and delegating certain responsibilities to the Planning Commission
relating to the determination of "public convenience or necessity" on those certain applications
requiring that such determination be made by the local governing body pursuant to applicable
provisions of the Business and Professions Code, and prior to the issuance of a license by the
Department of Alcoholic Beverage Control (ABC); and
WHEREAS, Section 23958 of the Business and Professions Code provides that
ABC shall deny an application for a license if issuance of that license would tend to create a law
enforcement problem, or if issuance would result in or add to an undue concentration of licenses,
except when an applicant has demonstrated that public convenience or necessity would be served
by the issuance of a license; and
WHEREAS, the Planning Commission of the City of Anaheim did receive an
application for a Determination of Public Convenience or Necessity to permit a Type 21 ABC
license to permit the sales of beer, wine and distilled spirits for off-premises consumption in
conjunction with a proposed convenience market on certain real property situated in the City of
Anaheim, County of Orange, State of Califorr~ia, shown on Exhibit "A", attached hereto and
incorporated herein by this reference.
WHEREAS, the Planning Cornmission did hold a public hearing at the Civic
Center in the City of Anaheim on February 18, 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
AnaheimanMunicipal Code, Chapter 18.60 "Procedures", to hear and consider eviderice~or 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 Cornmission, 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 - PC2009-* * *
1. That California state law requires a Determination 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 dernonstrated that public convenience or necessity would
be served by issuance of a license.
2. That Resolution No. 95R-134 autharizes 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 off-premises consumption is permitted by the Municipal
Code, said recommendations shall take the form of conditions of approval to be imposed 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 1421, which has a crime
rate of 114% percent above the average. The population within the census tract allows for five
off sale ABC licenses and there are presently four licenses in the tract. The population also
allows for 10 on sale licenses and there are presently two 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
convenience market. Moreover, the Police Department indicates no specific concerns related to
off-premises alcoholic beverage sales and operation of this business, subject to compliance with
conditions of approval.
5. 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;
6. 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 c~fthe 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 alcoholic beverage sales and
operation of this business, subject to the conditions of approval.
7, That *** persons indicated their presence at said public hearing in opposition; and
that *** correspondence was received in opposition to the subj ect 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
Comrriission does hereby determine that the public convenience or necessity will be served by
- 2 - PC2009-* * *
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
duration of the use. Amendments, modifications and revocations of this permit may be processed
in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-
Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Cornmission 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 Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the findings hereinabove set forth.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice for this project. 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 February 18, 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
- 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 Commission held on February 18, 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
February, 2009.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 4 - PC2009-* * *
EX I~I'I' e~A~°
PIJ I,IC CO1~VEl~IEI~CE O I~ECESSIT'~' PE IT' NO. 2~09-00055
f~IE~C,7HBORS AVE
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106~ 98'.:~
CUTTER RD
- 5 - PC2009-* * *
~ ~D~ri' 6~99
1D 1
1~U~L,IC CO1~VE1~iIEI~iCE OI~ NECESSI'T~' 1'E IT' 1~0. 2009-00055
I~SPOI~TSI~~.E
FOR
1~0. COl~iI)IT'IO1~TS OF APPI~OVAI~ 1VIOI~TITOI2YNG
~~N~ ~., ~. .. ~Ul1 ~~C?71~Cf DIX C~,PltOJE~Z`~OPER~TI~!~V,~" ~ tiF . ~~ W ~, , ~~ ~ ~. . ~ r x , ~ ~~-~, ~, ~ s~~ ~~
1 There shall be no exterior advertising or sign of any kind or ' Police/Code
type, including advertising directed to the exterior from Enforcement
within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs
which are clearly visible to the exterior shall constitute a
violation of this condition.
2 No alcoholic beverages shall be displayed outside of the Police/Code
building or within five (5) feet of any public entrance to the Enforcement
building.
3 The area of alcoholic beverage displays shall not exceed 25% Police/Code
of the total display area in a building Enforcement
4 The sales of alcoholic beverages shall be made to customers Police/Code
only when the customer is in the building. Enforcement
5 No person under 21 years of age shall sell or be permitted to Police/Code
sell alcohol unless under continuous supervision of an adult Enforcement
21 years of age or older.
6 Beer and malt beverages in quantities of quarts, 22 oz., 4 oz., Police/Code
or similar size containers are prohibited and shall not be sold ..,Enforcement
in packages containing less than a 6 pack.
7 The possession of alcoholic beverages in open containers and Police/Code
the consumption of alcoholic beverages are prohibited on or Enforcement
axound the premises.
8 There shall be no amusement rnachines, video game devices Police/Code
or pool tables maintained on the premises at any time. Enforcement
9 There shall be no public telephones on the property that are Police/Code
located outside of the building and within the control of the Enforcement
applicant.
10 Wine shall not be sold in bottles or containers smaller than Police/Code
750 ml. and wine coolers shall not be sold in ackages
- 6 - PC2009-* * *
SI'01~1SI~L,E
F~R
1~10. CO1~I)ITIOI~S OF ~P120V~L, IVIOl~TITO l~iG
containing less than a 4 pack. Enforcement
11 The 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 and 2,
and as conditioned herein.
12 Extensions for further time to cornplete conditions of Planning
approval may be granted in accordance with Section
18.b0.170 of the Anaheim Municipal Code.
13 Approval of this application constitutes approval of the Planning
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable
City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance,
regulation or requirement.
- 7 - PC2009-* * *
~-STTr~C NT NO. 4
PItO,~CT S 1VIAR~'
COI~T~ITIO~TAI, ~JSE PE IT 1~i0. 200~-05395
P LIC CO~E~IIEI~CE OR CESSIT~' NO. 2009-000~5
~tanetards
Parking
Building and landscape
setbacks
57 spaces proposed in retail
center
Abutting Euclid Ave: 195 ft.
Abutting an alley: 5 ft.
Abutting Glen Ave: 5 ft.
25 ft.
8 spaces required
Front: 15 ft.
Abutting an alley; 0 ft.
xitting Glen Ave: 10 ft*.
25 ft.
~Existing building setback is legally nonconforming. No expansion to the building is proposed;
therefore no variance is required.
A'I'TAC l~]EN'I' 1~0a 5
Nmvemb~~ 26, 200~
Planning I~epartment
City of Anaheim
204 ~outh. A.nahear~ ~oul.eva~d
~.t~.~,~~3.i11., ~~. ~~a.gQ3~
To Who~n It May Cancem:
I arrz respectfu~ly request~rag a Ca~diti€~n~l ~3se ~e~nit (~~T~~ f~~r ~~i~ p~rp€~se
of opening a c~r~~enience marlcet s~11_ing D oce~~es, tobac~o p~-c~du.~ts,
sun~i-ies, atcoholic b~verages, etc.
The location is an ex~sting shopping center lo~ated at 1~ 51 N. E~clid
l~venue, l-~naheiin, CA. 92501 and the em~~y s~ace was a~id~o ~tore.
The Video Store has cle~sed.
I have verified witk~ the Depar.tnlent of Arc~hol~~ ~everage ~ontr~l ~ocated
in Santa Ana District and have enclosed their. copy of the Cezlsus Tract /
Undue C~ncentratian. The document states Nun~be~ of licenses a~law~a: 5
Numbe~ of ~;xis~:ing Iicenses 4.
There i.s acleq~ate parking for a~:I the patrons af ~he shapping cen~er.
Please review th~ applica~zon and approve n~y request for the CTJP.
~~~~~ o~ •.l V ~ ~~e 4H
City of l~naheim
IC A EN
Special Operations Division
~..'S'.~y.,.,,... ht~'
~~`°S S.. S.L.~ i, G~ f
rs:t~
,::.:~
~~~ ,.,
~/~~ ~~~~
,N!• ~'aPy~~~~
~~~~
To: Scott Koe~nin
I'lamning l)epa~rnent
F'rom: I.,ieutenant Don Klein ~ ~` ~~
Vice, l~arcotics, and Criffiimal Intellxgence ~nreau
Commander
Date: I)ecember 15, 200~
~: CLTl' 200~-05395
Convenience 1VIar~et
1151101. ~uclid St #C
~,nahei~n, CA 92~01
The Police Department has received an I.D.C. Route Sheet for CUP
2008-05395. The applicant is requesting a convenience market with
sales of beer, wine and distilled spirits.
The location is within Reporting District 1421, which has a Crime Rate
of 114% above average. It is also within Census Tract Number 867.01
which has a population of 8,598. This population allows for 5 off sale
Alcoholic Beverage Control licenses and there are presently 4 licenses
in the tract. It also allows for 10 on sale licenses and there are
presently 2 licenses in the tract.
The census tract boundaries are:
North 91 Freeway
South La Palma
East Euclid
West Magnolia/5 Freeway
Please see attached census tract map for on and off sale locatio~,~,in
the near vicinity of this applicant.
The census tracts surrounding this location are as follows;_
North - Fullerton
Anaheim Police Dept.
425 S. Harbor Blvd.
Anaheim, CA 92805
TEL: 714.7b51 A 0 ]
FAI: 7 ] 4.'765.1665
South - 867.02
On Sale allowed 7/active 6
po;pulation 6,646
Off Sale allowed 4/active 3
West - 868.02
On Sale allowed 6/active 0
population 5,359
pff Sale allowed 4/active 1
Memorandum
Scott Koehm
1151 N. Euclid St #C
East - 866.01
On Sale allowed 11/active 2
Additional Census Tract information:
North West - Fullerton
North East - Fullerton
South West - 86$.02
On Sale allowed 6/active 0
South East - 866.02
On Sale allowed 7/active 3
population 9,872
Off Sale aliowed 6/active 2
population 5,359
Off Sale allowed 4/active 1
population 6,177
Off Sale aliowed 4/active 8
The Reporting District north of the location is in the City of 'Fullerton.
The Reporting District east is 1422; it has a crime rate of 48°/a above
average. West is 1420; with a rate of 37% below average, and south of
the location is 1521; with a crime rate of 234% above average.
The previous business has been closed for over a year so there have
been no calls for service to this location.
The Police Department does not oppose this request. This location was
previously a convenience market with alcohol. We recommend that the
business close at midnight due to the surrounding neighborhood and
the fact that no other businesses are open that late in the strip mall. We
request the following conditions be placed on their Conditional Use
Permit:
1)
There sha91 be no exterior advertising or sign of any kind or
fype, including adver~ising directed to the exterior frorn°--~
within, promoting or indica~ing $he availability of alcoholic
beverages. Infieroor displays of alcoholic beverages or signs
which are clearly visible to the ~xterior shall consfitut~ a
violation o~ this condition.
2) No display of alcoholic beverages shall be located outside of a
building or within five (5) feet of any public entrance to the
building.
3) The area of alcoholic beverage displays shall not exceed 25% of
the total display area in a building.
4) Sale of alcoholic beverages shall be made to customers only
when the customer is in the building.
Page 2
Memorandum
Scott Koehm
1151 N. Euclid St #C
5) No person under twenty-one (21) years of age shall sell or be
permitted to seli any beer or vvine unless under con~inuoaas
supervisiora of an adult 21 years of ag~ or older.
6) That beer anc! mait beverages shall not be sold ic~ packages
containing less than a six (6) pack, and ~hat wine coolers
shall not be sold in packages containing less thara a four (4)
pack.
7) The possession of alcoholic beverages in apen containers and the
consumption of alcoholic beverages is prohibited on or around
these prernises.
8) The parking lot of the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discernibfe the
appearance and conduct of all persons on or about the parking Iot.
Additionally, the position of such lighting shall not disturb the
normal privacy and use of any neighboring residences.
9) There shall be no amusement machines, video game devices, or
pool tables maintained upon the premises at any time.
10) There shall be no public telephones on the property that are
located outside the building and within the control of the applicant.
11) The gross sales of alcoholic beverages shall not exceed 35
percent of all retail sales during any fihree (3) month period. The
applicant shall maintain records on a quarterly basis indicating the
separate amounts of sales of alcoholic beverages and other items.
These records shall be made available for inspection by any City
of Anaheim official when requested.
12) 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.
13) The petitioner shall be responsible for maintaining free of litter the
area adjacent to the premises over which they have control, as
depicted.
14) lnline shall not be sold in bottles or containers smaller than
750 ml.
Please contact Sgt. Allan Roman at extension 1451 if you require
further information in regard to this matter. Uw~,
f:\home\mmirwin\2008-05395 1151 N Euclid C.doc
Page 3
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WEST ANAREIM NEIGHBORHOOD DF-VF-LOPMEJIT-C(#'(7NUD,,7"1,T-^'�17'
For Building a Greater Anaheim I
Febriiary 18, 2009
Planning Commissioners
201 S. Anaheim Boulevard
Anaheiin, CA 92905
Dear Planning Commissioners:
Due to two IT thereafter this
.ieetings, al noon and 1:30 PM, and two appointme
afternoon, I cannot be at the Planning Coli►mission meeting today. I did want to speak on
the Cherry Orchard (Lincoln Inn) apartment project with which we have been involved
For several years and am therefore writing this letter to you,
Cary Frazier, Acacia, spoke to the WAND nand Use Committee at its meeting two weeks
ago and we were pleased with tile changes he has made. We are especially happy to have
only three-story buildings and not a four-story building. The buildings are well-placed on
the property having the parking spaces on the west side of the property near the trailer
park. The concept of one-story apartments with, two -story "tOwDbouse" apartments on
top of the flirst story is a good idea along with a separate entrance for each apartment
which really gives individuality to each apartment. Lastly the large community room is a
definite asset to the residents.
We a] I felt t1.1, as possible. I also
it this is a good prqject and wish to see it proceed as
would like to thank the Planning Commissioners for not allowing a four-story project to
be built al this site, 1. f eel you have put both the community's wishes and theresidents'
needs out in front in making this decision. This will be an apartment project Well Worth
all the tine and epfolt put into it and one of which the corn.raunity can be proud.
Sincerely yours.
17
Esther. Wallace
WAND Chairman
ITE NOe 6
PLANN~I~G COMMISSION AGENDA
~lty O~ ~Ila~lellll
~~ ~~ ~~~~~~ ~~~
I)ATE: ~~I~iJ~b2Y 1~, 2~~9
FI~OIVI: Y~Lr~I~1NING SERVICES 1VI1~Nr~GER
I~I ERLY WONG, PROJECT FLANNER
S~J~CT: CONI)ITIONr~L iJSE PE IT 1~10. 200~-05394
~ I,IC COI~TVEI~1IEl~CE OR 1VECESSI~Y NO. 200~-00051
I,OCATIOI~1e 1685 West Katella Avenue
APPLICAl~TT/P120PE1~T~' 0~1~R: The applicant is 7-Eleven and the property
owner is Inc Aoun.
~2EQIJEST: The applicant proposes to establish a convenience market in an
existing commercial building with a Type 20 (off-sale beer and wine) ABC license
for the sales of beer and wine for off-premises consumption.
~COlVIlVl~~il)ATI01~1: Staff recommer~ds the Planning Commission adopt the
attached resohitions, determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional
Use Permit No. 2008-05397 and a Request for a Determination of Public
Convenience or Necessity No. 2008-00051.
~r~CKGROITl~D: This property is developed with a commercial retail center and is
located in the General Commercial {GG) zone. The Anaheim General Plan
designates this property and the properties to the east and west across Euclid Street
for general commercial land uses. The properties to the north are designated for low
density residential land uses. The properties to the south across Katella Avenue are
~_
designated as neighborhood coinmercial.
PROPOSr~L: The applicant is requesting approval to permit a 2,707 square foot
convenience market within one of the tenant spaces. The sales of beer and wine for
off-premises consumption is also proposed.
Al~i1~LY~IS: The proposed use is conditionally permitted within the C-G zone. The
code requires a conditional use perrnit for a market that is smaller than 15,000 square
feet and for the sales of beer and wine. The market wou~d be open 24 hours a day
and seven days a week. Alcohol sales would be limited to the hours between 6:00
a.m. and 2:00 a.m. by State Law.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
CONDITIONAL USE PERMIT NO. 2008-05394
February 18, 2009
Page 2 of 3
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 license.
The Anaheim Police Department has indicated that this property is located within Reporting
District 2022, which has a crime rate that is the same as the City average. This property is also
located within Census Tract No. 876.02 which has a population of 7,354. This census tract
allows for five of~ sale licenses and there are currently eight licenses in the tract. The proposed
off-sale license would be the ninth license 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. The census tract is already
over concentrated with off-sale ABC licenses. Therefore, an additional ABC license requires a
determination of public convenience or necessity.
The attached statement of justification for deternunation of public convenience or necessity by
the applicant indicates that the sales area for beer and wine would be incidental relative to the
range of products of~ered in the market. The applicant states that the beer and wine sales area
would be approximately three percent of the market's total sales area. The standard condition of
approval in the draft resolution would permit this beer and wine display area to be up to 25% of
the total display area in the building. The sales of beer and wine would make the market
economically viable as it affects other complementary purchases. The applicant anticipates that
beer and wine sales would account for approximately 12% of the store's overall sales. The
Police Department is recomrnending approval of this license subject to the conditions of
approval in the draft resolution.
Code perrnits the sale of beer and wine in a convenience market for off-prernises consumption in
the General Commercial zone subject to the approval of a condifional use permit. The proposed
sale of beer and 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 necessit-~es.
COI~CI,ITSIOI`i: 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 detrirnental to the area. Therefore, staff rec~mmends
approval of the request.
Respectfully submitted, Concurred by, ~~ ~,
: ~~~~ ~~s~-- ~~ . ~~.~~~'°~
Principal Planner Planning Services Manager
CONDITIONAL USE PERIVIIT NO. 2008-05394
February 18, 2009
Page 3 of 3
1~~~aC~1T1~Y1tS:
l. Vicinity and Aerial Maps
2. Draft Conditional Use Permit Resolution
3. Draft Public Convenience or Necessity Perrnit Resolution
4. Police Department Memorandum
5. Police Reporting District Map
6. On-Sale ABC License Map
7. Off-Sale ABC License Map
8. Justification for Public Convenience or Necessity
The following attachments were provided to the Planning Comrnission and are available for
public review at the Planning Services Division at City Hall.
9. 7-Eleven, Inc. "Come of Age" Program
10. Site Photographs
11. Plans (Site and Floor Plans)
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[ F'I'] r1TTAC EN'I' 1~ e 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 PERMIT NO. 2008-05394
(1685 WEST KATELLA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2008-05394 to permit a convenience market and authorize a
Type 20 (off-sale beer and wine) ABC license for off-premises consurnption 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 (C-G) zone, and the Anaheim General Plan designates this property for General
Commercial land uses; and
WHEREAS, the Pla.nning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 18, 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 siudy 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 a convenience market with the sales of beer and wine for off-premises
consumption in the General Commercial zone is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.08.030.010 (Markets - Small and Alcoholic
Beverage Sales - Off-Sale).
_ ,r..
2. ``~ That the proposed beer and wine sales would not adversely affect 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 developrnent 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 uses along Katella Avenue and the business
requires no more parking than any otk~er retail uses.
- 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 opposit~on; 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 environrnental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby approve Conditional Use Permit No. 2008-05394 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 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 perrnit
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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of February l8, 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 PLANNING COMMISSION
- 2 - PC2009-* * *
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Comrnission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on February 18, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WIT`NESS WHEREOF, I have hereunto set my hand this day of
February, 2009.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 3 - PC2009-* * *
E~~I~T~~1' „~„
C~I~I)ITI~I~iAI, ~T~E I'E12I~I'T 1~10. 200~-05394
SUMAC LfV
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- 4 - PC2009-* * *
~ iDA•B' 66D94
BaBE A JD
CONI)ITI01~1AL USE PE IT IVO. 200~-05394
SPOI~ISI~LE
FOI~
I~O. COl~TI)ITIO1~dS OF Al'PROVAL 1VIOI~ITO I~TG
GEN~ -, ONGOING D~IRING I'~Q.TECT OPERATIOIV
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.
There shall be no exterior advertising or sign of any kind or
type, including advertising directed to the exterior from within,
2 promoting or indicating the availability of alcoholic beverages. Police/Code
Interior displays of alcoholic beverages or signs which are Enforcement
clearly visible to the exterior shall constitute a violation o~ this
condition.
3 The area of alcoholic beverage displays shall not exceed 25% of Police/Code
the total display area in a building Enforcement
4 The sales of alcoholic beverages shall be made to customers Police/Code
only when the customer is in the building. Enforcement
5 No person under 21 years of age shall sell or be permitted to Police/Code
sell alcohol without someone 21 years of age or older present. Enforcement
Beer and malt beverages in quantities of quarts, 22 oz., 40 oz., police/Code
6 or similar size containers are prohibited and shall not be sold in Enforcement
packages containing less than a 6 pack. .
Wine shall not be sold in bottles or containers smaller than
7 " 750m1. and wine-coolers shall not be sold in packages ' ~
containing less than a 4 pack.
The possession of alcoholic beverages in open containers and police/Code
8 the consumption of alcoholic beverages are prohibited on or Enforcement
around the premises.
The parking lot, shipping and receiving areas, driveways,
circulation areas, aisles, passageways, recesses and grounds
contiguous to buildings on the premises shall be equipped with
9 lighting of a minimum one (1) foot candle power to illuminate Police/Code
and make easily discernible the appearance and conduct of all Enforcement
persons on or about the parking lot. Additionally, the position
of such lighting shall not disturb the nozmal privacy and use of
- any neighboring residences.
- 5 - PC2009-* * *
SPOl~tSI~I,E
FOI~
NO. COI~iDITIOI~T~ O~' APPitOV~-SI, IVIOl~IT'O 1~1G
There shall be no public telephones on the property that are police/Code
10 located outside of the building and within the control of the Enforcement
applicant.
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 regular police/Code
11 maintenance and removal of trash or debris. Any graffiti Enforcement
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.
The rear door(s) shall be kept closed at all times during the
12 operation of the premises except in the cases of emergency and Police/Code
to permit deliveries. Said door(s) shall not consist entirely of a Enforcement
screen door or ventilated security door.
The subject property shall be developed substantially in
accordance with plans and specifications subrnitted to the City
13 of Anaheim by the petitioner and which plans are on file with Planning
the Planning Department marked E~ibit Nos. 1(Site Plan )
and 2(Floor Plan), and as conditioned herein.
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 findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or
requirement.
- 6 - PC2009-* * *
[ F'I'] r~'T'TAC 1VIENT NO. 3
RESOLUTION NO. PC2009-* * *
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1 (EXISTING FACILITIES) AND
APPROVING A DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2008-00051
(1685 WEST KATELLA AVENUE)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134
establishing procedures and delegating certain responsibilities to the Planning Commission
relating to the determination of "public convenience or necessity" on those certain applications
requiring that such determination be made by the local governing body pursuant to applicable
provisions of the Business and Professions Code, and prior to the issuance of a license by the
Department of Alcoholic Beverage Control (ABC); and
WHEREAS, Section 23958 of the Business and Professions Code provides that
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 concentratio~ of licenses,
except when an applicant has demonstrated that public convenience or necessity would be served
by the issuance of a license; and
WHEREAS, the Planning Commission of the City of Anaheim did receive an
application for a Determination of Public Convenience or Necessity to permit the sales of beer
and wine for off-premises consumptzon (Type 20 License) in conjunction with a convenience
market on certain real properiy 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 February 18, 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 and reports offered at said
hearing, does find and determine the following facts:
- 1 - PC2009-***
1. That California state law requires a Determination of Public Convenience or
Necessity when property is located in a reporting district that has an over concentration of
licenses 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 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 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 2022, which has an"on
average crime rate" of 0% percent above or below the City average. The population within the
census tract allows for five off sale ABC licenses and there are presently eight licenses in the
tract. The proposed license would be the ninth license in the tract. The population also allows
for eight on-sale licenses and there are presently ten 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 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 compliance with
conditions of approval.
5. 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.
6. 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 the sale of alcoholic beverages is ancillary to the proposed market. 'Fhe Police
Department indicates no specific concerns related to off-premises beer and wine sales and
operation of this business, subject to the conditions of approval.
7. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the 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 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
- 2 - PC2009-* * *
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
duration of the use. Amendments, modifications and revocations of this permit may be processed
in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-
Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Cornrnission 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 Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the findings hereinabove set forth.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice for this project. Failure to pay all charges sha11 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 February 18, 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, ANA~IEIM P~ANNING COMIVIISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COiJ~VTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolutian was passed and adopted at a meeting of the Anaheim
- 3 - PC2009-* * *
City Planning Commission held on February 18, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WIT`NESS WHEREOF, I have hereunto set my hand this day of
February, 2009.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 4 - PC2009-* * *
~~ 3~i'T It A tl
1 A~ f~
PL1 I.IC CC)I~VEI~IENCE O NECESSIT'~' PE IT N(~. 200~-000~1
SUMAC LN
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KATELLA AVE
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- #vvo to five feet.
1070:
- 5 - PC2009-* * *
~ AD~~A' bD99
d~D B li
PiJ~LIC COl~VE1~TIENCE Ol~ I~tECES~ITY PE IT NO, 200~-00051
~I'Ol~TSI~I,E
FOR
I~O. COI~iDITI0I~1S OF APl'IZOVAI. 1VIO1~IT0 I~1G
~ . ,
GE1V~
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.
There shall be no exterior advertising or sign of any kind or
type, including advertising directed to the exterior from within,
2 ' promoting or indicating the availability of alcoholic beverages. Police/Code
Interior displays of alcoholic beverages or signs which are Enforcement
clearly visible to the exterior shall constitute a violation of this
condition.
3 The area of alcoholic beverage displays shall not exceed 25% of Police/Code
the total display area in a building Enforcement
4 The sales of alcoholic beverages shall be made to customers Police/Code
only when the customer is in the building. Enforcement
5 No person under 21 years of age shall sell or be permitted to Police/Code
sell alcohol without someone 21 years of age or older present. Enforcement
That beer and malt beverages in quantities of quarts, 22 oz., 40 police/Code
6 oz., or similar size containers are prohibited and shall not be Enforcement
sold in packages containing less than a 6 pack.
" That wine shall not be sold in bottles or containers smaller than poli~e/Code
7 750m1. and wine-coolers shall not be sold in packages
Enforcement
containing less than a 4 pack.
The possession of alcoholic beverages in open containers and police/Code
8 the consumption of alcoholic beverages are prohibited on or Enforcement
around the premises.
- 6 - PC2009-* * *
SPOl~TSI~LE
FOIt
1~10. COI~1)ITIOl~S OF' APPItOV~. IVIOI~I'I'ORI1~1G
The parking lot of the premises shall be equipped with lighting
of a minirnum one (1) foot candle power to illuminate and make '
9 easily discernible the appearance and conduct of all persons on Police/Code
or about the parking lot. Additionally, the position of such Enforcement
lighting shall not disturb the anormal privacy and use of any
neighboring residences.
10 There shall be no amusement machines, video game devices or Police/Code
pool tables maintained on the premises at any time. Enforcement
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.
The subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
12 of Anaheim by the petitioner and which plans are on file with Planning
the Planning Department marked E~cliibit Nos. 1(Site Plan) and
2(Floor Plan), and as conditioned herein.
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
13 City, State and Federal regulations. Approval does not include Planning
any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or
requirement.
- 7 - PC2009-***
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City uf Anaheim
LICE E A T EN'T
Special Operations Division
r~T"I'.E1C E~T~' NOo 4
'To: Kamberly ~ong
Platuning 1)epartment
From: Lieutenant Don Klein ~ ~ `'~
Vice, Narcotics, and Criminal Intelligence ]Bureau
Commander
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Date: December 15, 2008
R~: CUP 200$-05394IPCN 200~-00051
7-11
1685 '~'. I~atella Ave.
Anaheim, CA 92804
The Police Department has received an I.D.C. Route Sheet for CUP 2008-
05394/PCN 2008-00051. The applicant is requesting to permit a convenience
market with the sales of beer and wine.
The location is within Reporling District 2022, which has an "on the average"
crime rate, 0% above or below. It is also within Census Tract Number 876.02
which has a population of 7,354. This population allows for 5 off sale
Alcoholic Beverage Control licenses and there are presently 8 licenses in the
tract. It also allows for 8 on sale licenses and there are presently lO licenses in
the tract.
The census tract boundaries are:
North Cenitos
South Katella/Orangewood
East 9`~' St
West Euclid/Nutwood
Please see attached census tract map for on and off sale locations in the near
vicinity of this applicant: - `~
The census tracts surrounding this location are as follows:
North - 876.01
On Sale allowed 6/active 0
South - Garden Grove
Anaheim Police Dept.
425 S. Harbor Blvd.
Anaheim, CA 9?805
T'EL: 714.765.1401
FAX: 714.765.1665
~ast - 875.01
On Sale allowed 7/active 40
population 5,157
Off Sale allowed 3/active 3
population 5,950
Off Sale allowed 4/active 14
Memoranduin
Kimberly Wong
7-11
East - 875.03 population 7,110
On Sale allovred 8/active 17 Off Sale aliowed Slactive 4
West - 877.04 population 4,734
On Sale allowed 5/active 2 Off Sale allowed 3/active 2
West - Garden Grove
Additional Census Tract information:
North West- 877.04 population-4,734
On Sale allowed 5/active 2 Off Sale allowed 3/active 2
North East - 875.01 population 5,950
Qn Sale allowed 7/active 40 Off Sale allowed 4/active 14
South West - Ga~-den Grove
South East - Garden Grove
The Police Deparhnen~ has not responded to this location. This is tlle first
tenant at this address.
The Reporting .District north of the location is 1922; it has a crime rate of 106%
above average. The Reporting District east is 2023; it has a crime rate of 131 %
above average. West is 2021; with a rate of 65% above average, and south of
the location is 2122; with a crime rate of 3% above average.
The Police Department does not oppose this request. The Census Tract does
have an over concentraCion of Alcoholic Beverage Control Licenses however
we do not feel this use will be detrimental to the surrounding area. The Police
De~artment rec~uests the following conditions be placed on their CUP:
1) No display of alcoholic beverages shall be located outside of a building
or within five (5) feet of any public entrance to the building.
2) There shall be no exterior advertising or sign of any kind or type,
including adve.rtising directed to the exterior from within, promoting or
indicating the availability of alcohalic 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.
Page 2
Memorandum
ICimberly Wong
7-11
4) Sale of alcoholic beverages shall be made to customers only when the
customer is in the building.
5) The sales of beer or malt beverages in quantaties of quarts, 16 oz., 22
oz., 32 oz., 40 oz., or similar size containers are prohaloited. No beer
or malt beverages shall be sold in quantities of less than six per sale.
6) The ~ossession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around these
premises.
7} There shall be no amuseinent machines, video game devices, or pool
tables maintained upon the premises without pro~er permits.
$) There shall ve no public telephones on the property that are located
outside the building and within the control of the applicant.
9) The gross sales of alcoholic beverages shall not exceed 35 percent of all
retail sales during any three (3) month period. The applicant shall
rnaintain records on a quarterly basis indicating the separate amounts of
sales of alcoholic beverages and other items. These records shall be
made available for inspection by any City of Anaheirn official when
requested.
10) Any Graf~ti painted or marlced upon the premises or on any adjacent
area under the control of the licensee shall be removed or painted over
witliin 24 hours of being applied.
11) The petitioner shall be responsible for maintaining free of litter the area
adjacent to the premises over which they have control, as depicted.
12) No wine shall be sold in bottles or containers smaller than 750 ml.
13) No person under twenty-one (21) years of age shall sell or be
permitted to se11 any beer or wine.
14) Wine coolers shall not be sold in packages containing less than a four
(4) pack.
Please contact Sgt Allan Roman at extensioi~ 1451 if you require further
infonnation in regard to this matter, (J+ ~~
f:lhome\mmirwin~2008-05394 1685 W. Katella 7-1 l.doc
Page 3
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Page 4 of 5 7-Eleven PCN20Q8-00051 1685 W. Katelfa Ave
ATTA~U~~EhJT' A
Pe~i$i~ner's Sta~ernenf mf J~stofication ~or
Pu~iic Coraver~i~nce or N~c~ssi~y {PCN) ,
1. The business will be a 7-Eleven convenience store, with sale$ of beer and wine for offsite
consumpfion. P~r the preliminary floor plan, we've earmarked 5 of the 11 cooler doors
setling refrigerated products in the store, and 1 end cap; shelf for these protlucts. Totaf
estimate of 40 st space al(ocated tca alcohol sales within our ~1,800 sf'sales area; (apprax.
3°fo of selfing area will las dedicated to beer/wine).
Although beer and wine producfs are only a portion ofi 7-Eleven goodlservices we offer, we
have seen'that lack of this product offering do severety affect other complementary .,
purchases wifh noticeable decrease in a 7-Eleven's safes potential. As such, having
beer/wine makes the enfire project much more ecanomically viable.
2, We are located within census tract na. 876.02, population 7;354. Presently there are 8 ,
licenses vrrith 5 license allowance far this'tract.
ABC ticensees (currentj
Gensus Tract 87s.02
Active Lic# T' e Address
1 GIRCLE K 394846 24 206U S EUGLI~ ST
19i
2 ~OOp FOR l.ESS 267116' 2'I 1816 UV KATEL,LA AVE
3 BIG LOTS 275632 20 '1874 W KATELLA AVE
4 CVS' 438370 21 1fi60 W KAT~LLAAVE
~ .
5 VEECO FQOD STOREB 438797 21 1500 S EUCLID ST
6 GONZALES LIQUOR MARKET 403998 21 1945 W KATELLA AVE
7 P 8, J LIQUOR 362449 21 1679 W KATELLA AVE'
S FOUR STAR MARKET 277039; 21 1863 W KATELLA AVE°
As a convenience-stbre business rnodel, we require beer/wine as part of our product
offering {referenced in paints #'1 and #3)> ~-Eleven will be the 2"d Type-20 (icensee, while
~ the otherofF:sale premises caker#o type'21 (hard L.iquor}.
3'. There is a residential neighborhood (fow to medium density) immediately to the north
(Anaheim) of the project site. No schools are in the immediate viciniry, The proposed 7-
Eleven willbe part of the existing ~wen Pfaza, which has undergone substantial
improvements and renovations within the pasf year, compiamenting the Disney
Beautification efforts by the City ot Anaheim at this heavy commuter intersection.
The current month-to-month P&J Liquor esfablishment, will soon transition out of C)wen
Plaza. They operated their business solely as a liquor store here. There have been no
alcohol-related incidents' at this site that we are aware ofi, from P&J Liquor operation.
We are confident a national carp: as 7-Eleven wil) sustain and enhance this locati~n, and
contribute'to the surrounding residential/cornmercial vitality. We will offer more product
conveniences to current immediate patrons as well:as cornmuters (pass-fhrough} customers
of Euclid and Katella thoroughfare. Typically, commuters whife on their way home purchase
this type ofi'product from work along with'other food and sundry offenngs so that fhey do not
-'~-
Page 5 of 5 7-~leven PCN2008-0005'i 1685 W. Katella Ave
have to make another stop on the way home. These products are ofFered as a convenience
for these customers, including tirne efficiency savings, au#o fuel consideration, safety
probability for consolidation of trip frequencies, etc. . -
Moreover, we ar~ seaking Type20 license and' not hartl-Iiquor Type 21 as previous tenant
P&J, and shall fulfill a mor~ expansive selectian of freshly prepared food itams, daily need
sundries, beverages for all age brackets (not just 21 yrs or older}. ,lust to name a few` of;
aur 7-~leven selections.
3. Beer and wine sales are not a large portio~ of the store business by tlaBar amount, and we
~re estimating approxirnately 42%, (based on market average for this trade area).
Additional note: if the store does not include beerand wine, experience shows thaf many
customers will do ali of their shopping af another (ocation thaf is selliqg beer ~nd wine as
well. Therefore the overalf economic impact on the profi#ability af ihe store is significa~t.
4. 7-Efeven has extensive training and Safety Pragram, (see attached 7-Eleven Corporate
information package) for employees so fhat the sales of#hese products will not negatively
impact the community. As a globally recognized and sr~cially responsibls Fortune 100
reteiler, employer and Franchisor- 7-Eleven strives arduously to assuage any arod all
implications associated with sobriety and social consequences from irresponsi6le aicoho~
sales/consumptions through aggressive training, communications and regulated saies af
these products.
5. 7-Eleven provides a convenient place for commuter and for local residence to pick up food
and sundry. Our'store wilf complement the other businesses in that customer can stop by
and pick up other faotl items not sold at the five {5) other fast food facilities nearby.
There are na major groceries or daily neetl markets in the immediate commercial zoned
establishments at Euclid & Katella, aside from Food 4 Less and local mom-and=pop
markets. The efFcient mar{cet convenience of our 7-Eleven w111 satisfy this absence. (See
aerial map of retail generators within ~he immediate vicinity}
24hour convenience will offer a safe d~stination for many businesses in the area, after
narma! haurs of operafions. For example, Disneyland employees, especially 3`~ shift cast
membecs, can benefit from our 24haur'convenience antl product offerings toffro the Magic
Kingdam via this Katella and Euclid junction.
6~ 7-Eleven has extensive traini~g of ernployees to ensure that these praducts are sofdn4~
responsi6ly, and that no:underage customers can purchase age restricted items. 7-E(even
do~s not allow any such items to be consumed on th~ premises, no loitering ar other
behaviors that could have a negative impact on fhe image of the 7-E{even or the
immediate neighborhood.
No pay phones or video games will be insfalled, and no adult magazines will be sald'as
these also have negative impacts. 7-Eleven will be happy to provide in=depth details of our
training and security programs that work to make sure these sales are done responsibly,
See attached: 7-Eleven, IRC. "Gome of Age" program ~ community information
The license request is for`an off-safe type 201icer~se for Beer and Wine. This is not an
existing license; this wil[ be a new license.
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Kimberly Wong
Fromm: EQumamiaciO0@bso.com
Sent Wednesday, February 18.2ODQQ:3QAK4
To: Kimberly Wong
Subject: PC 02/18/09, Item 6
Dear Ms. Wong,
My name ha Michele Ego. I live on Sumac Lane which is directly behind the strip mail located on the corner of Katella and
Euclid Avenue.
VVa already have a liquor store in the strip mail. VVEDD NOT NEED A7-11.P&J liquor store has been there for many
years and has served our neighborhood well. They are a nice family run business and deserve to stay where they are.
There is not enough parking in the parking lot for the businesses that are already there let alone a new 7-11.
In the 14 years that I have lived in the area I have seen how are neighborhood has gone down hill and how the car and
foot traffic has increased significantly. PLEASE O[}US ALL A FAVOR AND JUST SAY NO|!
Sincerely,
Michele Ego
Kim
From: JANET RIGBY Uanetrigby @sbcglobal.net]
Sent: Wednesday, February 18, 2009 11:28 AM
To: Kimberly Wong
Subject: PC 2/18/09 Item 6
Dear Miss Wong,
I'm emailing you in regards to PC 2/18/09 Item 6.
I live at 1661 W Sumac Lane in Anaheim, CA. We are near the corner of Euclid and Katella where the 7 -11 is
proposed for the strip mall on that corner.
I've lived here since 1975. My grandparents lived here since 1961. I've seen the neighborhood change and
grow over the last 40+ years. Some changes have been better than others.
This is already an overcrowded corner with several businesses, a small parking lot, on a busy intersection, with
difficult entrances and exits. A business, such as 7 -11, will attract even more traffic to an already busy corner
resulting in increased traffic incidents.
One only has to linger outside the 7 -11 at the corner of Ball and Euclid, less than 1 mile away to see the kind of
issues that a 7 -11 will bring to our neighborhood. Among these are vagrancy, drugs, gang activity, prostitution,
and numerous other activities. We, the neighbors, have been battling these activities for years, with some
success. A 7 -11 in our neighborhood will make this battle near impossible.
P &J Liquor, already established in that strip mall, has served this neighborhood well for several years. A 7 -11
will detract business from this small family owned business. They are good business owners, keep their
storefront clean and free from the above mentioned issues, that I believe, will not be addressed by a large
corporation.
7 -11 cares about making money, they don't care about our neighborhood, they have no invested interest in our
neighborhood. P &J Liquor is established, is invested in the community, and deserves the opportunity to remain
in business as part of our community.
Please do not approve a 7 -11 at the corner of Euclid and Katella. We don't need it, we don't want it, and we
don't support it.
I implore you to listen to the community and serve their needs, not the needs of big business.
Best Regards,
Janet Rigby
ITE NOe 7
PI. ING CO ISSIOI~ t~GE A POR'I'
City of Anaheim
PIJA~TINCl ~PA T El~`T
I)ATE: FE~12iTARY 1~, 2009
~'I~ONi: I'LAl~I~iI1~1G SEI~~ICE~ 1~iAGEIt
TEI) ITE, PRO.~CT PI,A1~T1~iE1~
SiJ~JECTc AlVIE1~1i)ME1~T 'TO COl~il)I'TIOI~AI~ USE PE I'T 1~0. 2007-05293
LOCATI01~1: 2000 East Gene Autry Way, 2000 South State College Boulevard and
2379 East Orangewood Avenue (Angel Stadium of Anaheim)
APPI~ICANT/PROPEItTY OdVNER: The applicant is Raymond Smith with Federal
Heath Sign Company on behalf of Angels Baseball. The property owner is the City of
Anaheim.
QLTEST: The applicant requests an amendment to a previously-approved permit to
allow two electronic readerboard signs on the "Big A° sign at Angel Stadium of
Anaheim.
CONdMENi)r~TION: Staff recommends that the Planning Commission adopt the
attached resolution, determining that a Class 1 Categorical Exemption is the appropriate
environmental documentation for this request and approving an amendment to
Conditional Use Permit No. 2007-05293.
BACKGROiJ1~TD: This property is developed with a regional sports and event facility
(Angel Stadium of Anaheim) and includes two existing electronic readerboard signs. It
is located in the Public Recreational, Platinum Triangle Mixed Use Overlay Zone -
Stadium District (PR (PTMU)). The General Plan designates this property and
surrounding properties for mixed use land uses. The SR-57 Freeway and ~~nta Ana
River are immediately east of this property.
Conditional Use Permit No. 2007-05293 to permit the modification of two legally non-
conforming electronic readerboard signs within the Angel Stadium of Anaheim parking
lot was approved by Commission on February 20, 2008. Modifications to the "Big A"
sign included the replacement of an existing electronic readerboard on the north side of
the sign with a new LED electronic readerboard and the replacement of an existing static
display panel on the north side of the sign with an LED electronic readerboard.
Improvements also included updating the lighting technology on the vertical and "halo"
elernents of the pylon sign. No changes were proposed on the south elevation of the sign
except repainting existing surfaces.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280 ~
www.anaheim.net
AMENDMENT TO CONDTTIONAL USE PERMIT NO. 2007-05293
February 18, 2009
Page 2 of 3
PROPOSAI.: The applicant proposes to modify the previously-approved plans for the "Big A"
sign, Plans indicate the replacement of the existing 2,268 square foot electronic readerboard on
the north side of the sign with a smaller 1,728 square foot LED electronic readerboard. In
addition, the Angel Stadium identification sign on the south side of the structure would be
replaced with a 1,728 square foot LED electronic readerboard. The existing static advertising
panels on both sides of the sign located above the proposed electronic readerboards would
remain in place. An approximately 700 square foot iconic "A" logo would also be added to the
sign. This proposal includes updating the lighting technology on the vertical and "halo"
elements of the pylon sign. No modifications to the previously-approved plans for the
freestanding sign adjacent to State College Boulevard are proposed with this request.
A1~TALYSIS: Electronic readerboards are allowed within the PR (PTMU) zone, subject to the
approval of a conditional use permit. Electronic readerboards are defined by Code as "a
changeable copy sign upon which the copy is displayed or changed by electronic means".
Electronic readerboards are limited to displaying messages and advertisement of goods and
services rendered on-site. In comparison, the Code defines billboards as "a sign of any kind or
nature whatsoever used to advertise (i) any business, industry, entertainment or activity not
conducted, or (ii) any goods or other tangible items not produced, sold or available, or (iii) any
services or other intangibles not available or rendered, on the premises upon which such sign is
located; provided, however, such term shall not include any regional guide sign, nameplate,
temporary real estate sign, identification sign or on-site advertising sign as such terms are
defined in this chapter. Such term shall also not include any notice posted by any public officer
in the performance of an official duty, or any directional, warning or informational sign required
or authorized by any federal, state, county or local authority." Billboards are prohibited by
Code. Therefare, neither of the proposed electronic readerboards are permitted to display or
advertise any goods or services that are not sold or rendered on-site.
Due to its proximity to the SR-57 Freeway, the "Big A" sign is also regulated by the State of
California, Outdoor Advertising Act (ODA). Consistent with the. Anaheim Municipal Code,
advertising of off-site goods and services is prohibited on freeway-oriented signs along the SR-
57 Freeway because the segment of freeway is designated as a"Landscaped Freeway".
Staff is supportive of the request in that the proposed modification will result in one electronic
readerboard on each side of the Big "A" sign. It will also reduce the number of readerboards
visible at the same time to vehicles travelling on the SR-57 Freeway. In addition, the proposed
iconic "A" logo is consistent in scale, proportion and design with the Big "A" sign.
CO1~iCI~iJSI01~1: Staff recommends approval of the proposed request because it will bring the
existing legal non-conforming electronic readerboard into cornpliance with Code and further,
that the proposed modifications are significant enhancements to the technology and aesthetics of
the existing sign.
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007-05293
February 18, 2009
Page 3 of 3
Respectfully submitted, Concurred by,
~, ~ ~D'~.3'~~~ ~a~
~ ~.~G~ ~. G~.~S~~ ~ ~
~
Principal Planner Planning Services Manager
At~aclaanents°
1. Vicinity and Aerial Map
2. Draft Resolution
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Services Division at City Hall.
3. Plans
4. PC Staff Report and Resolution - February 20, 2008
5. Site Photographs
J
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uauunirej
0 050 300
Feet
KATELLA AVE
i11
ORANGEWOOD AVE
I Sign Locations I
February 18, 2009
Subject Property
PR (PTMU)
TCUP 2007 -05293
CUP 2007 -05293
ANGEL STADIUM
1;445
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p h i
Conditional Use Permit No. 2007 -05293
(Tracking No. CUP2008- 05397)
2000 East Gene Autry Way, 2000 South State College Boulevard
and 2379 East Orangewood Avenue (Angel Stadium of Anaheim)
ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE.
ATTACHMENT NO. l
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10704
c 150
Feet
February 18, 2009
IMIN
3400
Subject Property
Conditional Use Permit No. 2007 -05293
(Tracking No. CUP2008- 05397)
2000 East Gene Autry Way, 2000 South State College Boulevard
and 2379 East Orangewood Avenue (Angel Stadium of Anaheim)
N 0
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A
E. ORANGEWOOD .VE
E. CHAPMAN AVE
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10704
[ FT] ~TTAC NT 2
RESOLUTION NO. PC2009-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A
CLASS 1 CATEGORICAL EXEMPTION AND APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT 1V0. 2007-05293 AND AMENDING CERTAIN
CONDITIONS OF APPROVAL OF RESOLUTIOIV NO. 2008-23
(TRACKING NO. CUP2008-05397) BE GRANTED
{2000 EAST GENE AUTRY WAY, 2000 SOUTH STATE COLLEGE BOULEVARD, AND
2379 EAST ORANGEWOOD AVENUE)
WHEREAS, on February 20, 2008, the Anaheim Planning Commission adopted
Resolution No. 2008-23 granting Conditional Use Permit No. 2007-05293 to permit the
modification of two legally non-conforming electronic readerboard signs within the Angel
Stadium of Anaheim parking lot, including the "Big A" sign, at 2000 East Gene Autry VVay,
20Q0 South State College Boulevard, and 2379 East Orangewood Avenue; and
WHEREAS, this property is currently developed with the Angel Stadium of
Anaheim and is zoned Public Recreation (PR) Zone, Platinum Triangle Mixed Use (PTIVIU)
Overlay and the Anaheim General Plan designates this property ~or Mixed Use land uses; and
WHEREAS, the Anaheim P~anning Commission did receive a verified Petition to
amend Conditional Use Pernut No. 2007-05293 (Tracking No. CUP2008-05397) to pernut two
electronic readerboard signs on the "Big A" sign at Angel Stadiiim of Anaheim for certain real
property situated in the City of Anaheim County of Orange, State of California, shown on
Exhibit "A", attached hereto and incorporated her~in by this reference; and
WHEREAS, the Planning Commission did hold a public hearing at the
Civic Center in the City of Anaheim on February 18, 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 proposed conditional use permit and to investigate and make findings
and recommendations in connection therewith; and
" WHEREAS, said Commission, after due inspection, investigation arid`sfudy 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 amendment to perrnit two electronic readerboard signs on the
"Big A" sign at Angel Stadium of Anaheim, is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.20.030.020 and 18.44.050.010.
2. That the proposed amendment would not adversely affect the adjoining land uses
and the growth and development of the area in which it is located because the proposed
modifications to the existing Big "A" sign are compatible with the primary use of the property as
a regional sports and events venue; and
- 1 - PC2009-***
3. That no traffic would be generated by the proposed modifications to the existing
Big "A" sign as they are an accessory marketing device for the regional sports and event facility
and would not impose an undue burden upon the streets and highways designed and improved to
carry the traffic in the area; and
4. 'That granting this amendrnent to the conditional use permit, under tk~e conditions
imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim;
and
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
Cornmission has reviewed the proposal and does hereby find that a Class l Categorical
Exemption in connection with Conciitional Use Permit No. 2007-05293 (Tracking No. 2008-
05397) is adequate to serve as the required environmental 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 amendment to Conditional Use Permit
No. 2007-05293 to permit two electronic readerboard signs on the "Big A" sign at Angel
Stadium of Anaheim pursuant to Code Section 18.60.190 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby amend, in their entirety, the conditions of approval in connection with Planning
Commission Resolution No. 2008-23, as adopted in connection with Conditional Use Permit No.
2007-05293, to read as shown in Exhibit "B" attached hereto and incorporated herein by this
reference, which conditions are hereby tound 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 FLTRTHER RESOLVED that, except as expressly amended herein, the
provisions of Planning Commission Resolution No, 2008-23 shall remain in full force and effect.
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 (Amendments to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheirn
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions herein 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.
- 2 - PC2009-*~=*
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 18, 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 rnay be replaced by a City Council Resolutzon in the event of an appeal.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Flanning Comiriission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Comrnission held on February 18, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
~~ IN WTI'NESS WHEREOF, I have hereunto set my hand this ~~iday of
, 2009.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 3 - PC2009-***
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EXH[I~IT 66~99
CO1~T1)ITIONAI, LTSE PE IT ~i0. 2007-05293
(T12ACI~YI~1G NO. CiJ~20~~-05397)
SPONSI~LE
NO. FOR
C01~1DITIOI~S OF APP~ZOVAL IYIONITO1tING
The locations for any above-ground utility devices including, but not limited to
electrical transformers, water backflow devices, gas, communications, and cable
devices, etc., shall be shown an plans submitted for building permits. Plans shall
also identify the specific screening treatments of each device (i.e. landscape
screening, color of walls, materials, identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City departments. Any
required relocation of Ciry electrical ~acilities shall be at the developer's
expense.
2 On-going during project operation, the property shall be permanently maintained
in an ordezly fashion through the provision of regular landscaping maintenance,
removal of trash or debris, and removal of graffiti within twenty-four (24) hours
from the time of discovery.
On-going during project operation, the advertisement and display of goods and
services on any display surface, including the electronic readerboards and any
static display surfaces on the two signs (Big "A" sign and State College Bl.
freestanding sign), shal~ be limited to those goods and services that are sold or
rendered on-site. The display or advertisement of goods and services that are not
rendered on-site shall be prohibited.
4 On-going during project operation, all advertising on the "Big A" sign shall __
comply with the provisions of the "Outdoor Advertising Act" set forth in
Sections 5200, et seq., of the California Business and Professions Code.
5 On-going during project operation, the two signs shall be continually maintained
in a "like new" condition.
Planning
Code
Enforcement
Code
Enforcement
Code
Enforcernent
Code
Enforcement
6 The subject property shall be developed substantially in accordance with plans Planning
and specifications submitted to the City of Anaheim by project applicant and
which plans are on file with the Planning Department marked Revision No. 1 of
Exhibit Nos. 1 through 3 and Exhibit Nos. 4 and 5 of Conditional Use Permit
Na 2007-05293, and as conditioned herein.
- 5 - PC2009-k**
SPO~SI~I,E
NO. ~OR
CON~ITIOI~IS OF APPROi1AL 1VIONITOI~I~1G
7 Approval of this application constitutes approval of the proposed request only to Planning
the extent that it comp~ies 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.
- 6 ~ PC2009-*'"a`
ITE NOe ~
P~.,ANNI~TG CO ISSION AGEN A
C~ty of Anaheim
PI,~I~TING I~EP1~R'TMEN'T
I)ATE: ~~I~LTr~I~Y ~~, 2009
FROlVI: PI,AI~I~ING SERVIC~S 1VIA1~IAGE~
VA1~IESSA ~012WOOD, P120~CT PLA~TI~EI2
SLT~J~CT: ZO~TI~1G COl)E E1 I~I9IVI~I~T' NO. 200~-OQ076
I~OCr~TI0~1: Citywide
APPI,ICAl~T: City of Anaheim Planning Department
IBEQ~ST: This is a City-ianitiated request to amend Title 18 (Zoning) of the
Anaheim Municipal Code.
ItECOIVIlV~I~1Dr~TI01~: Staff recommends that the Planning Commission, by
rnotion, determine that this action is exempt from the California Environmental
Quality Act under Section 21080 of the Public Resources Code and recommend to
City Council that the attached draft Ordinance for Zoning Code Amendment No.
2008-00076 be approved.
~ACKGROiJl~i~: 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 tirne to time on an as-needed basis.
A1~IALYSIS: The Planning Director has initiated the proposed Zoning Code
aamendment that would serve to eliminate "Automotive-Car Sales, Retail or
Wholesale (Office Use Only)" as a specific land use category, and instead~include
all car dealerships under the existing and mare general "Automotive-Car Sales &
Rental" category. There are three types of automobile dealer/brokers that are
currently allowed to operate under the existing "office use-only" provisions of the
Zoning Code. Per the California Department of Motor Vehicles (DMV), the three
types of office use-only dealer/brokers are categorized as Vehicle Retail Sales,
Vehicle Dealer-Wholesale Only or Vehicle Autobroker. These businesses are
typically located in small office buildings, and oftentimes there are several of these
dealer/brokers in one of~ce building, or even one suite. The DMV requires one
display space per office use but the dealer is prohibited from openly advertising the
availability of the vehicle through the use of "for sale" signs, flags, balloons, etc.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: {714) 765-5280-
www.anaheim.net
ZONING CODE AMENDMENT NO. 2008-Q0076
February 18, 2009
Page 2 of 2
These dealer/brokers are currently permitted by right in most commercial zones, and as a result,
display vehicles often displace the required parking for other employees and customers on the
site. The display vehicles are also frequently parked on public streets, either near the
dealer/broker's office, or along major streets where there is greater exposure. The City has
received several complaints regarding the fact that these uses impact the availability of parking
spaces along arterial streets and attract passer-by customers. Because these dealer/brokers are
treated differently than traditional car dealers, which require a Conditional Use Permit, they
enjoy an unfair advantage, and create greater land use impacts to nearby neighborhoods.
In the past staff has attempted to address the impacts to on- and off- site parking by putting "side
notes" on the DMV Property Use Verification form (Attachment 2). Property Use Verification
Forms are forms completed by a city acknowledging that a specific type of dealer/broker is
pernutted at a specific location. The Planning Director is recommending this Code Amendment
in response to a Navember 3, 2008 DMV letter sent to all cities regarding the use of side notes
on Property Use Verification forms for new DMV licenses (Attachment 3). This letter prohibits
the practice of cities placing conditions on the Land Use Verification form. The conditions
previously added by staff ~ncluded operational limitations such as prohibiting on-site repair
work, prohibiting open advertising, and limiting the number of display spaces.
Eliminating the Automotive-Car Sales, Retail or Wholesale (Office Use Only) land use class
would require such dealerships to obtain a conditional use permit prior to their establishment.
The conditional use permit process would allow the City to review these businesses on a case by
case basis and apply conditions of approval that are specific to the proposed operation and will
help ensure that the overconcentration of such businesses in a specific location does not
negatively impact surrounding businesses or residential neigk~borhoods. Under the proposed
ordinance, existing dealers would be "grandfathered" in their current locations and the
requirernent for a conditional use perrnit would only apply to new businesses.
Respectfully submitted,
~ f~~%~~G~~ G''~'~~I ~~
~
Principal Planner
Concuned by, 6~ ~,~n.
~`
~~ ~st~~
Planning Services Manager
t~ttachments:
1. Draft Ordinance
2. Property Use Verification Form
3. DMV Letter (November 3, 2008)
4. Citizen letter (February 8, 2008)
ORANGETHORPE
AVENUE
LA PALMA
AVENUE
LINCOLN
AVENUE
BALL
ROAD
KATELLA
AVENUE
CHAPMAN
AVENUE
Citywide
February 18, 2009
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Zoning Code Amendment No. 2008 -00076
ATTACHMENT NO. 1
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ORDINANCE NO. XX
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIIVI
MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION l.
That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 of
Title 18 of the Anaheim Municipal Code be, and the sarne is hereby, amended as follows:
1
Alcoholic Beverage Sales- C C C C C Conditional use permit not
Off-Sale required if use is in
conjunction with Markets-
Large; in O-L and O-H
Zones, must be clearly
accessory to and integrated
with an office building
Alcoholic Beverage Sales- C C C C C
On-S ale
Ambulance Services N C C N N
Animal Boarding N N C N N
Animal Grooming P N P N N
Antennas-Broadcasting C ' C C C C
' Antennas- T T T T T Subject to § 18.3~.060 and
Telecommunications- Stealth 18.62.020
Building-Mounted
Antennas- T T T T T Subject to § 18.38.060
Telecommunications- Stealth
Ground-Mounted
Antennas- N N N N N
Telecommunications Ground-
Mounted (Non-Stealth)
„~
~
Automotive- Public Parking C C C C C
Automotive- Parts Sales C P P N N
Automotive- Repair & C C C N N
Ivlodification
Automotive- Service Stations C C C C C Subject to 18.38.070
2
Automotive-Washing N C C C C In p-L and O-H Zones,
must be accessory to an
Automotive-Service Station
use
Bars & Nightclubs C C C C C In O-L and O-H Zones,
must be accessory to and
integrated with an office
building
Bed & Breakfast Inns C C C C C Subject to 18.38.080
Billboards N N N N N
Boat & RV Sales N N C N N Subject to 18.38.200
Business & Financial P P P P P
Services
Cemeteries N N C N N
Commercial Retail Centers C C C N ' N
Community & Religious C C C C C In O-H Zone, must be
Assembly clearly accessory to and
integrated with an office
building
Computer Internet & N C C C C In O-L and O-H Zones,
Amusement Facilities must be clearly accessory to
and integrated with an
- office building
Convalescent & Rest Homes N N C N N
Convenience Stores C C C C C Subject to § 18.38.110; in
O-L and O-H Zones, must
be clearly accessory to and
integrated with an office
building
Dance & Fitness Studios- N C C C C In O-H Zone, must be
Large clearly accessory to and
integrated with an office
building
3
Small clearly accessory to and
integrated with an office
buzlding, otherwise requires
a conditional use permit
Day Care Centers C C C C C
Drive-Through Facilities C C C C C
EducationalInstitutions- C C C C C
Business
Educationallnstitutions- N C C C C
General .
Educational Institutions- P P P P P Subject to § 18.36.040.050
Tutoring
Equipment Rental-Large N C C N N
Equipment Rental-Small C P P C C In O-H and 0-L Zones,
must be clearly accessory
to and integrated with an
office building
Group Care Facilities C C C C C Subject to § 1~.36.0~0.070
Helipads N N C N N Allowed only in
conjunction with a hospital
Hospitals N N C C C
Hotels & Motels N C C N N
Markets-Large P P P N N_.
Markets-Small C C C C C
Medical8i Dental Offices
P
P
P
P
P _ __ _ _,~~.
Mortuaries N N P N N
Offices P P P P P
Personal Services-General P P P P P Laundromats are subject
to § 18.38.150. In O-L and
O-H Zones, must be clearly
accessory to and integrated
with an office building
Personal Services-Restricted C C C C C In O-L and O-H Zones
4
must be clearly accessory to
and integrated with an
office building
Plant Nurseries N C P N N Subject to §§ 18.3~.190 and
18.3~.200
Public Services C C P C C
Recreation- Billiards C C C C C In O-L and O-H Zones,
must be clearly accessory to
and integrated with an
office building
Recreation-Commercial C C C C C In O-L and O-H Zones,
Indoor must be clearly accessory to
and integrated with an
office building
Recreation-Commercial C C C C C
Outdoor
Recreation-Low-Impact C C C P P In O-L and O-H Zones,
must be clearly accessory to
and integrated with an
office building
Recreation-Swimming & C C C C C
Tennis
Table 8-A ' P=Permitted by Right
PRIMARY USES: COMMERCIAL ZONES C=Conditional Use Pernut
Required
' N-Prohibited
T=Telecommunications Antenna
-° - Review Permit Require~v
GNC C-R GG O L O-H Special Provisions
Repair Services-General P N P N N
Repair Services-Limited P P P C C In O-L and 0-H Zones,
must be clearly accessory to
and integrated with an
office building
Research & Development N C C C P
5
Restaurants-Drive-Through N C C C C Subject to § 18.3~.220
Restaurants-General P P P C C Subject to § 18.38.220
Restaurants-Semi-Enclosed C C C C C Subject to § 18.3~.220
Restaurants-Walk-Up C C C C C
Retail Sales-General P P P P P Subject to § 1~.3~.220
Retail Sales-Kiosks C C C C C
Retail Sales-Outdoor C C C N N Subject to §§ 18.38.190
and 18.38.200
Retail Sales-Regional N P C N N ~
Retail Sales-Used P P P N N
Merchandise
Room & Board N N C N N
Self-Storage N I N C N N
Sex-Oriented Businesses N N P N N Subject to Chapter 18.54
Smoking Lounge P P P N N Subject to Chapter 4.22
and § 18.38.260
Stt~dios-Broadcasting C C P C C
Studios-Recording N N P C C In O-L and O-H Zones,
must be clearly accessory to
and integrated with an
office building
Transit Facilities C C C C C
' Utilities-Major C C C N C
Utilities-Minor P P P P P Pay phones are permitted
by right in all zones if
located on the interior of a
building or attached to the
exterior within 10 feet of
the main building's
entrance
Veterinary Services C C C N N
Wholesaling N C C N N Shall be accessory to a
Retail Sales use
6
SECTION 2.
That Table 10-A (Permitted Uses: Tndustrial Zone) of Section 18.10.030 (Uses) of Chapter 18.10
of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as follows:
J ~ I ~ Special ~rovisions (
I ltesiclential Classes of iJses I I I
Mobile Home Parks C
l~ion-Residential Classes of iJses
Agricultural Crops P
Alcoholic Beverage Sales-0ff-Sale C
Alcoholic Beverage Sales-On-Sale C
Ambulance Services P
Anima~ Boarding C
Antennas-Telecommunications- N
Ground- Mounted (Non-Stealth)
7
(A'I'M' s)
Automotive-Car Sales & Rental C Subject to 1838.200
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Automotive-Irnpound Yards C Subject to l 8.38.200
Automotive-Public Parking C
Automotive-Parts Sales C
Automotive-Repair & C
Modification
Automotive-Service Stations C Subject to l 8.38.070
Automotive-Washing C
Bars & Nightclubs C
Billboards N
Boat & RV Sales C Subject to 18.38.200
Building Material Sales C Not more than 30°Io of the outdoor area,
excluding parking, shall be devoted to
outdoor displays; subject to §§
18.38.190 and 18.38.200
Business & Financial Services C
Community & Religious Assembly C
Dar~ce & Fitness Studios-Large C
Dance & Fitness Studios-Small C
Day Care Centers C -- ~-
Drive-Through Facilities C
EducationalInstitutions-Business C
Educationallnstitutions-General C
Educational Institutions-Tutoring C Subject to § 18.36.040.050
Equipment Rental-Large C Conditional use permit not required if
conducted entirely indoors (Ord. 594~ §
8; September 28, 2004.)
8
Equipment Rental-Small P
Helipads & Heliports C
Hospitals C
Hotels & Motels C
Industry-Limited P
Industry-General C
Junkyards C Subject to 18.38.200
Mortuaries C
Offices-Development P
Offices-General C Permitted without conditional use
permit only if accessory to an industrial
or other primary permitted use
Oil Production C Subject to 18.38.180
Outdoor Storage Yards C Subject to 18.38.200
Personnel Services-General C Laundromats are subject to § 18.38.150
Personnel Services-Restricted C
Plant Nurseries P Subject to §§ 18.38,190 and 18.38.200;
retail only requires a conditional use
pernut
9
Research & Development P
Restaurants-Drive-Through C
Restaurants-General C
Restaurants-Semi-Enclosed C
Restaurants-Walk-Up C
Retail Sales-Household Furniture C
Retail Sales-General C
Retail Sales-0utdoor C
Self Storage C
Sex-0riented Businesses P
Studios-Broadcasting P
Studios-Recording P
Towing Services P
Transit Facilities C
Truck Repair & Sales C
Utilities-Major C
Utilities-Minor P
Veterinary Services C
Warehousing & Storage-Enclosed P
Wholesaling P
Subject to 1 ~.38.220
Fast-food and take-out service allowed
without a conditional use permit when a
part of an industrial complex of 5 or
more units; subject to § 18.38.220
Subject to 18.38.220
Permitted by conditional use permit
only if the retail sales portion of the
business occupies a minimum of 50,000'
sc~uare feet of building floor area
Industrially-related only
Subject to §§ 18.38.190 and 18.38.200
Subject to City Council Policy No. 7.2
Subject to Chapter 18.54
Subject to 18.38.200
10
SECTION 3.
That subsection .010 of Section 18.36.040 (Types of Uses) of Chapter 1836 of Title 18 of the Anal~eim
Municipal Code be, and the same is hereby, amended as follows:
1~.36. 4 N N- S EN It~L ]P ~ A Y LJSE CI.ASS~S.
O10 "A" Use Classes.
Agricultural Crops. This use class consists of the growing of field crops, trees, vegetables, fruits,
berries, and nursery stock, but does not include the raising of animals for commercial purposes. The
accessory retail sale of products grown on-site is also included.
Alcoholic Beverage Sales-Off-Sale. This use class consists of establishments that sell alcoholic
beverages of all types for consumption outside the building in which they are sold. This and Alcoholic
Beverage Sales-On-Sale are the only use classes that allow the sale of alcoholic beverages. Typical uses
include liquor or grocery stores and convenience markets selling alcoholic beverages for off-site
consumption.
Alcoholic Beverage Sales-On-Sale. This use class consists of establishments that sell alcoholic
beverages of all types for consumption within the building in wk~ich they are sold or in an accessory
outdoor dining area. This and Alcoholic Beverage Sales-Off-Sale are the only use classes that a11ow the
sale of alcoholic beverages. Typical uses include bars, wine bars, brew pubs, and rest~ur~nts that serve
alcoholic beverages.
Ambulance Services. This use class consists of establishments that offer a service of providing
vehicles for transporting the sick or injured. Overnight storage of such vehicles is included, but vehicle
maintenance is not. Helipads used for Arnbulance Services are subject to the provisions of the Helipads
use class.
Animal Boarding. This use class consists of facilities for the medical treatment, grooming care,
breeding, or overnight accornmadation of more household pets than are allowed as an accessory use to a
residential use, but does not include the care, treatment, breeding or accommodation of large animals,
such as horses, sheep or hogs.
11
Anirnal Grooming. This use class consists of facilities for the grooming of household pets, but
does not include overnight accommodation or other activities covered by Animal Boarding or
Veterinary Services.
Antennas-Broadcasting. This use class consists of transmitting antennas or transmitting and
receiving antennas used for the purpose of broadcasting radio, television or other electronic signals.
Antennas-Private Transmitting. This use class consists of ground-mounted, arnateur-operated
radio transmitting towers and/or antennas. Amateur-operated radio towers and/or antennas that are used
only for receiving signals are considered an allowed accessory use.
Antennas-Telecommunications. This use class consists of transmitting and receiving antennas
used for the purpose of relaying telephone and data transmissions.
Automated Teller Machines (ATM's). This use class consists of cash dispensing machines that are
typically located on an exterior building wall or as a stand alone facility. Such uses are not considered a
separate tenant space when associated with a commercial retail center.
Automotive-Car Sales & Rental. This use class consists of establishments offerin~ ~-the sale,
long-term lease, or rental of new or used automobiles, motorcycles or motorized scooters, including
automobile auction facilities. • ~ ,~ ,`I'l~is use
class also incl~~des offi~ce use-~~nly reta~il, wholesale and ~utobroker o~erations.
Automotive-Impound Yards. This use class consists of facilities used for the temporary storage of
vehicles that have been involved in accidents. It does not include the repair or dismantling of vehicles.
Automotive-Public Parking. This use class consists of outdoor parking lots or parking structures,
either publicly or privately owned, where they are the primary use of the property and not accessory to
another use. Any parking lot used for overnight parking shall be considered `Warehousing & Storage-
Outdoors' .
Automotive-Parts Sales. This use class consists of the sale of new or reconditioned~parts used in
automobiles;~motorcycles, trucks and similar vehicles, but does not inchide the on-site installation of
such parts or lubricants.
Automotive-Repair and Modification. This use class consists of services such as body work,
conversion, installation of parts, modification, painting, repair, smog check and tire installation for
automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles. The repair
of trucks is considered `Truck Repair and Sales'.
Automotive-Service Stations. This use class conszsts of gasoline stations, including ancillary
convenience retail and auto services. Service stations that contain any repair bays are
considered `Automotive-Repair and Modification'.
12
Automotive-Washing. This use class consists of establishments providing hand-operated, self-
service, or mechanical automobile washing services, and may include detailing.
SECTION 4.
That Section 18.38.065 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code is
hereby deleted.
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SECTION 5. SEVERABILITY
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 elirnination here from of any such portion as may be declared invalid.
SECTION 6. SAVINGS CLAUSE
13
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 oardinance, insofar as they are
substantially the sarne as ordinance provisians previously adopted by the City relating to the same
subject matter, shall be construed as restatements and continuations, and not as new enactments.
SECTION 7. PENALTY
It shall be unlawful for any person, firrn or corporation to violate any provision or to fail
to comply with any of the requirements of this ordinance. Any person, firm or cozporation violating any
provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and
imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for
each day during any portion of which any violation of any of the provisions of this ordinance is
committed, continued or permitted by such person, firm or corporation, and shall be punishable
therefore as provided for in this ordinance.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anal~eim 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:
ABSTAIN:
By
ATTEST:
CITY CLERK OF THE CTTY OF ANAHEIIVI
C~I'Y OF ANAHEIM
MAYOR OF THE CITY OF ANAHBIM
14
r~~'TACH EI~T NOo 2
~~.~,~,
an~nnnnrerrwuoma vt~c~e
A Public Sarvice Agency
QCCUPAT3QNAL LIGENSING SE~ION
~~~~~ ~~~ ~~ ~~~~~~~~~ ~~~
~~ ~~~~ ~~ L~ ~~ ~~~~~~~
lassfruc~fons: This form is ~o be compieted (in ink) by an a#ficla! of the agency responsible far property use
in your area, pursuant to Government Gode Section 6685d, and subm'rtted with your application tor license
ta a department fnspector.
ln cannec#ion with ar~ app(ication fior a Vehicie Dealer's License to be submltted to the ~epartment of Nlotor
V~hicles by:
BUSIP[ESS ARDRESS CITY S7ATc Z~P COC1E
I hereby cert'rfy that the praperty iacated abave is (check ane ot the followin~);
~ Approved for #he operation af Vehicie RstaiE aal~s
(affice, sign, and display area mandat~ry),
^ Approved fior the aperation ofi a Vehicle DeaEer-'Wi~oiesale Onfy, no retail sales
(office manc~a#o~r).
^ A~proved for the opera#ion af a Ve~icfe Autabroker, no retail sales-
(office and sign rnar~da#c~ry).
~ I~ot approved far #~e operation of a vehicle dealer busin~ss.
~
NnMS -"
pL NUMBER ~i
OL 902 (R'EV.~5@003'y
. ,~~-_
ATTAC 1VIEI~T NOo 3
State pf California
Bus~ness, 'h~ansportaEion and Houeing .4gency
~ ~~~. ~.
~~.~~ : l~Tovember 3, 2008
'I'c~ : Occupational Li.censing Inspection Sta£f
~'r~~n Ga~l k'o~g
~~~~~~t : Property Use Vera.fication Forms
De~xartment of iVIotor'Vehieles
This rnema ~s to inform everyone tha~ efFective imrr~ediately Praperty Use Verificati~n
F~rms c~f any tYPe will not be ~ccepted when th~y contain a{terations.
Mar~Y pia~r~ing departmer-fs o~ten stipulate to agreem~nts ~utside ff~e questians ask~d
on the fo~m(sj. Such pfanners can no langer v~rrite side notes or~ our form. They must
only check the ~ppro~riate bax. Each Praperty Use Verifiication ~orm must be carr~pf~ted
in its ~nfrrety uvithout alterat~~r~s (side nofies), V11hen Prope~ty Use Verification Forms are
submitted wifh side notes, r~ject the farrn and application and requesfi thaf a ne~+ ~orm
be submitted wi~haut notes.
~~~k~~-~~nd: Ti~e deparfiment cannat honor or ~n#er inta agr~eme~ts f~r proper#y use
ather tf~an those ques#ions asked on o€~r form. For example, an, OL902 was accepted
and submitted v~rith the foliawing - the bax "app~oved for the op~ra#ion af v~hicfe Retai[
Sal~s ~o~#ice, s€gn, and dispf~y area mandatory") was checked. However, there was a
side note that incfica~ed th~s was for c~ne year pending changes. We received a ca€I
from the plan~ing comrnissiar~ requesting that the license be cancelied ~ecause the
licensee had not ad#~ere~ to fihe changes. Un~ortunat~ly, there is nothing in statu~ that
states we can cance( a license for th~s reason; Each plan~ing office must khaw upfront
that once they apprave ~he praper~y #or business use, the form car~no~ and vvill not be
rescind~d.
If yau have ~ny questions regarding tF~is memo, please do not hesitate fio cor~tact me.
_. ~_.
Thar~~C yn~a in advar~ce far your caapera~io~-.
Origina/ Signecf
GAIL FONG, ivianager
Occupational ~.icensing Inspectian Program
cc: Office Files
ATTr~C 1VJ[E~1'I' NOo 4
Piann9ng Co~mESSion
CiYy o~ J~na~eirm
A~tn: ii~a~
200 S. An~heim ~ivd., Sth ~loor
Anaheim, CA 92805
Feb~ua~yy g, 20tD9
D~ar Pl~n~ing Commission;
P am ~rriting as a n~tiu~ ~r~d i~fe long residen~ af Ar~aheirr~ to ~xpress a~rowing cortcer~a that ! hav~
no~iced over ~he last r~umber of ye~rs. 1'his issue is ~he growing nurnber of used cars fpr sate
"advertised" by sin~le car dealers ar~d park~d along major streets in our city. !~y concem sterr~s frarn
kwo rna0or r~a~ons: citizen safety and th~ de-beautificcation draw on aur ~ity.
Firs~,1 will a~ldr~ss the issue of safe . 1~av~ no~iced rr~any major streets ira o~ar city a lar~ge
accurri~tation of cars for sale, sometirr~es t~p t~ 30 ~ars in arsy or~e Is~catiar~. For ~xar~ple, on Rliagnoiia
~efi~v~en Cr~scent and La Palr~oa right in fros~t o~ th~ Peter I~arshall Elem~~tary sch~ol a~d park, I
~ipeca{!y se~ ao~~h~re fr~m 20 to 30 cars park wi~h €or sale signs right in frant of the schoo! and park; it
has been getting worse as &irr~e goes ~n. 1 travel this stree~t each day to at~d fr-om rrsy way to work, so 6
have no~iced ~he hazards from this act~vit~.
Speci~ically, fhese "used car lots" cr~a~~ ~ra~ic and congestion rrvi~h people slowing dot~n to look, anc! +n
many cas~s abrup~t6y stoppir~g and p~lling ~ver cu~ting people off whc~ are trave9ing on ~he stree~. !
ca~not att~st to ~he nu~nber af accicl~~~s irr this are~, but I have se~n a numbes of ciose calis. S~condly,
I o~ten s~e ~~r~r~is strugg4e to drop ~ff or a p6ck up ~h~'sr kids, as ~h~y have to rnaneu~r~r aro~a~d these
cars far sal~ to s~~ o~comisrg kraffiie #o p~a3f ocat. 7his is a drug ~ree zone, but these c~rs ~e~r sa1e, ~rtay
also serve as a cc~ver for illega! activ~ty ri~ht in front o~th~ schoo9.
Along the same lira~, there is a bus st~p in this ~rea, sa wha~ 1 have seen is the bus driver cnae~euverir~g
arp~~d these ~ars to pac$c t~p ~4~eir pass~r~gers. This str~g~i~ p~°es~r~ts another unsaf~ s€taaatian ~c~r ~h~
pass~ragers, kids at schaof, and people traveting this stree~. ~.as~1y, a bit further do~orr~ on Magnolia,
~3~e~e cars fs~r sale aiso ~ak~ up sp~ce for people uv~ra waUld like to u5e ~he park. This has the ef~~ct of
people aueiding the park, becaus~ of ~nwa~ted cars ~for sale are #aking ~p ~reed~d space.
tikewise, ksoov~ring tha~ these "~ased car lots" pose a series of safe~~s Mazards, it wauld ~e unfior~unate if
scsm~~r~e ~nrere haar~ becaus~ of non-aetion to rid ghe city of these "used car lots.° For Ches~-r~o~s, the
"used car iots" ar~d siragle car dealers ar~ creati~g a hazardou~ densify of peop3e in o~e are~ for ~he kids
and peopla in the nei~hbtsrborad, aa~d thase who tcav~{ along #Viagnolia aa~d oth~€ ~la~es in ~he c~ty.
U~oderstand the ac~ivi~y at Magnolia is fvpica! of wh~fi ! have seen at ather "used ca~- iot" #ocations.
Second, ~he issue of de-be~utifica~ion is also an issue. 1~lhile the city on or~~ hand strives ar~d ~r~anc~s to
create p~rks arad other pleasing visual s6~es, ~hese "used ca~ lflts," greatly detract from these e~orts.
Mor~over, fhey greatly d~tract a~tci degraa!e ~he surrounding r~eighbcarhoads. Especialiy in the hard
0COf101'i'lIC ti17l~S 4hl8 ~P"~ ltl, many people are tryi~g to sell their home. These used cars Pots o~ly d~tract
from praperty val~ae. 8~ not seliiro~ their horr~~, fih~y have ~co view these "~sed car lots" each tirr~e ~h~y
I~ave and co~e into Eheir neighborhoods.
To be hor~es~, as a n~tive and iife long resider~fi 'sn ~a~~he~m, it is very d9sappoir~ting to knaw that ~hese
"used car io~ls" ar~ fegal. Sta~dard car dea~ers hav~ !ots and I ~nrould advis~ ~hat i€ any or~e wishes to
sefler ~~ar that th~y tase o~her ~eans Hke ti~e en~eb, the p~per and other m~ar~s a~ fihere disp~sa9, n~e
p~b0ic stree~s paid ar~d rvaair~tained bg~ p~blic doliaa~s. Frank9y, I re~tly car~not see wha$ the singde car
dealers be~ing to rhe ci~yy, exc~pt I~azards a~d de-beautific~tian to #he community. Tda~r~,~ore, l~s~ tfre
PIB~BTBY639~ COG3?IYid5~6~9'6 $~ ~~69~' ~89~ ~83~ ~~b1 CfSfS dBC~dl~9~~ 6B8 Q}8/~' Ci3`~P.
1 da not take ~his matt~r lightly and look farw~rd ~o h~aring ~rour plan o~ action a~d i~plereaentatiora
about th'bs distr~ssing act6vit~r a~ross our ci~y. ~hank yr~u in adva~ce fo~ your at~e~t~a€~ ta this mat~er.
Sinc~re4v,
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