PC 2009/03/16• Call To Order
• Implementation of SB 375 Workshop (Presented by Planning Staffl - 2:00 P.M.
• Recess To Pubiic Hearing
• Reconvene To Public Hearing 2:30 P.M.
• Pledge Of Allegiance
• Public Comments
• Consent Calendar
• Public Hearing Items
• Commission Updates
• Discussion
• Adjournment
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 writin4s or documents qrovided to a maioritv of the Planning Commission reparding any
item on this aqenda (other than writinqs leqally exempt from public disclosure) will be made
You may leave a message for the Planning Commission using the iollowing
e-mailaddress: ~la,nninqcommission@anaheim.net
H:\TOOS\PC Admin\PC Agendas\(03/16/09):doc
Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim Planning Commission or public comments on agenda items with the exception of
public hearing items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless
members of the Planning Commission, staff or the public request the item to be discussed
and/or removed from the Consent Calendar for separate action.
Minutes
ITEM MO. 1A
Receiving and approving 3he Minutes from the Planning
Commission Meeting of January 5, 2009.
Note: Meeting minutes have been provided to the
Planning Commission and are availaale for review
at the Planning Department.
ITEM NO. 1 B
Receiving and approving the Minutes from the Planning
Commission Meeting of February 18, 2009.
Note: Meeting minutes have been provided to the
Planning Commission and are available for review
at the Planning Department.
ITEM MO. 1C
Receiving and approving the Minutes from the Planning
Commission Meeting of March 2, 2009.
Note: Meeting minutes have been provided to the
Planning Commission and are available for review
at the Planning Department.
fUlotion
Motion
Motion
03/16/09
Page 2 of 9
Public Hearina Items:
ITEM MO. 2
ZOPlING CODE AMENDIVIENT NO. 2009-00079
Request for Continuance
to March 30, 2009
Applicant: Planning Department
City of Anaheim Motion
200 South Anaheim Boulevard
Anaheim, CA 92805
Location: Citvwide
Request to amend Chapter 1.12 {Procedures); Chapter Projecr P(annec
14:60 (Transportation Demand); Chapter 17.08 Vanessa Nonvood
(Subdivisions); Chapter 18 18 (Scenic Corridor (SC) vnorwood~anaheim.net
Overlay Zone); Chapter 18.24 (South Anaheim Boulevard
Corridor (SABC) Overlay Zone); Chapter 18.36 (Types of
Uses); Chapter 18.38 (Supplemental Use Regulations);
Chapter 18.42 (Parking and Loading); Chapter 18.44
(Signs); Chapter 18.46 (Landscaping and Screening);
Chapter 18.56 (Nonconformities); Chapter 18.60
(Procedures); Chapter 18.62 (Administrative Reviews);
Chapter 18.64 (Area Development Plans); Chapter 18.66
(Conditio~al Use Permits); Chapter 18.74 (Variances);
Chapter 18.92 (Definitions);Chapter 18 114 (Disneyland
Resort Specific Plan No.92-1); Chapter 18.116 (Anaheim
Resort Specific Plan No.92-2); Chapter 18.118 (Hotel Circle
Specific Plan No.93-1); pertaining to Zoning Administrator
authority, drought tolerant landscaping provisions,
freestanding sign provisions within the Scenic Corridor (SC)
Overlay Zone and approval/appeal procedures for various
zoning actions.
Environmental Determination: The proposed action is
exempt from the California Environmental Quality Act
(CEQA) under Section 21080 of the Public Resources
Code.
03/18(09
Page 3 of 9
ITEM fVO. 3
ZONING CODE AMENDMENT NO. 2p09-00080 Motion
Applicant: Lederer-Anaheim, LTQ
9200 Sunset Boulevard, 9`h Floor
Los Angeles, CA 90069-3604
Greg McCafferty
The Sheldon Group
901 Dpve Street, Suite 140
Newport Beach, CA 92660
Location: Citvwide
This is a request to amend Title 18 of the Anaheim Project Planner.
Municipal Code to allow up to four Carnival and Circus ScottKoehm
permits per year on properties located in the General skoenm~anaheim.net
Commercial (GG) Zone.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines Class 4
(Minor Alterations to Land).
NOTE: A request for approval of a conditional use
permit for the Anaheim Indoor Marketplace to permit up
to four Carnival and Circus permits per calendar year
was advertised, but is no longer requested since the
zoning code amendment, if approved, would allow up to
four Carnival and Circus permits per year on certain
properties over 12 acres.
03/16/09
Page 4 of 9
ITENi NO. 4
CONDITIOMAL USE PERMIT NO. 2009-05415 Resolution No.
Owner: CIM Group Inc.
6922 Hollywood Boulevard, 9~h Floor
Hollywood, CA 90028
Applicant: Susan Hashioka
Epicurean School of Culinary Arts
8500 Melrose Avenue, Suite 103
West Hollywood, CA 920069
Location: 270 South Clementine Street: This property
is located at the northeast corner of Clementine
Street and Broadway.
Request #o permit a private culinary arts school. Project Planner:
Della Herrick
Environmental Determination: The proposed action is dherrick~anaheim.net
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines Class 1
(Existing Facilities).
NOTE: A request for approval of a variance to permit fewer
,parking spaces than required by code was eliminated as
adequate parking is proposed for the culinary arts school.
03/16/09
Page 5 of 9
ITEM NO. 5
COMDITIONAL USE PERMIT NO. 2008-05382
Owner: Wilson Tri Freeway LLC
1630 South Sunkist Street, Suite A
Anaheim, CA 92806
Applicant: Krysti Galvin
RREEF
1630 South Sunkist Street, Suite A
Anaheim, CA 92806
Location: 2111 West Crescent Avenue: This property
is located at the northeast corner of Crescent
Avenue and Valley Street.
Request to permit a trade school for environmental training.
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).
Resolution Plo.
Project Planner.
Della Herrick
dherrickQanaheim. net
03/16/09
Page 6 of 9
ITEM NO. 6
CONDITIONAL USE PERMIT iVO. 2009-0540y
Owner: Thrifty Oil Company
13116 Imperial Highway
Santa Fe Springs, GA 90670
Applicant: Alex Gurski
WD Partners
16808 Armstrong Avenue, Suite 100
Irvine, CA 92606
Location: 1881 West Ball Road: This property is located
at the northeast corner of Ball Road and
Nutwood Street.
Request to convert a forrner service station building into a
convenience market.
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).
Resolution fi~o.
Project Planner:
David See
dseeQanaheim.net
Adjourn to Monday, March 30, 2009 at 2:30 P.M.
03/16/09
Page 7 of 9
CERTIFICATION OF POSTIMG
I hereby certify that a complete copy of this agenda was posted at:
12:00 p.m. March 11 2009
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED: ~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 written correspondence delivered to the Planning
Commission or City Council at, or prior to, the pubtic hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits and Variances will be final 22 days after Planning Commission
action and any action regarding Tentative Tract and Parcel Maps wiil be final 10 days
after Planning Commission action unless a timely appeal is filed during that time. This
appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in
an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified
by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Planning Department, (714) 765-5139.
Notification no later than 10:00 a.m. on the Friday before the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning
Department's Automated Telephone System at (714) 765-5139.
03/16/09
Page 8 of 9
SCHEDULE
2009
March 30
April 13
April 27
May 11
May 27 (Wed)
June 8
I June 22 I
July 8 (Wed)
July 20
August 3
Augustl7
August 31
September 14
I September 28 (
October 12
October 26
November 9
November 23 (cancelled)
December 7
December 21 (cancelled)
03/16/09
Page 9 of 9
ITEM NO. 2
PLANNING COMMISSION AGENDA
City of Anaheim
PLANNING DEPARTMENT
DATE: MARCH 16, 2009
FROM: PLANNING SERVICES MANAGER
VANESSA NORWOOD, PROJECT PLANNER
SUBJECT: ZONING CODE AMENDMENT NO. 2009-00079
LOCATION: Citywide
APPLICANT: City of Anaheim Planning Department
REOUEST: This is a City-initiated request to amend Title 18 (Zoning) of the
Anaheim Municipal Code to amend Chapter 1.12 (Procedures); Chapter 14.60
(Transportation Demand); Chapter 17.08 (Subdivisions); Chapter 18.18 (Scenic
Corridor (SC) Overlay Zone); Chapter 18.24 (South Anaheim Boulevard Corridor
(SABC) Overlay Zone); Chapter 1836 (Types of Uses); Chapter 1838 (Supplemental
Use Regulations); Chapter 18.42 (Pazking and Loading); Chapter 18.44 (Signs);
Chapter 18.46 (Landscaping and Screening); Chapter 18.56 (Nonconformities);
Chapter 18.60 (Procedures); Chapter 18.62 (Administrative Reviews); Chapter 18.64
(Area Development Plans); Chapter 18.66 (Conditional Use Permits); Chapter 18.74
(Vaziances); Chapter 18.92 (Definitions);Chapter 18.114 (Disneyland Resort Specific
Plan No.92-1); Chapter 18.116 (Anaheim Resort Specific Plan No92-2); Chapter
18.118 (Hotel Circle Specific Plan No.93-i); pertaining to Zoning Administrator
authority, drought tolerant landscaping provisions, freestanding sign provisions
within the Scenic Conidor (SC) Overlay Zone and approval/appeal procedures for
various zoning actions.
RECOMMENDATION: Staff recommends that the Commission continue this
request to Mazch 30, 2009 to allow time for staff to finalize the requested
amendments.
Respectfully submitted, Con urred by,
~~~ qe~~-
Principal Planner Plan ing Services Manager
200 S. Anaheim Blvd.
Suite #762
Anaheim, CA 92805
Tel: (774) 765-5139
Fax: (714) 765-5280 -
www,anaheim.net
ITEM NO. 3
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: MARCH 16, 2009
FROM: PLAIVNING SERVICES MANAGER
SCOTT KOEHM, PROJECT PLANNER
SUBJECT: ZONING CODE AMENDMENT NO. 2009-00080
LOCATION: Citywide.
APPLICANT: The applicant is Greg McCafferty with the Sheldon Group, representing
Lederer-Anaheim, Ltd.
REOUEST: The applicant proposes to amend Title 18 "Zoning" of the Anaheim
Municipal Code to increase the number of circus and carnival permits allowed on certain
properties.
RECOMMENDATION: Staff recommends that the Planning Commission, by motion,
determine that a Class 4 Categorical Exemption serve as the appropriate environmental
documentation and recommend to the CiTy Council that the attached draft Ordinance for
Zoning Code Annendment No. 2009-00080 be approved.
BACKGROLTND: A comprehensive update to Titie 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. Circus and carnival
requirements aze included in Title 18 (Zoning), Title 3(Business Licenses) and Title 4
(Business Regulation) of the Anaheim Municipal Code.
PROPOSAL: The applicant proposes an amendment to permit up to four circus and
camival permits per calendar year on commercially zoned properties that are lazger than
12 acres and that aze not directly adjacent to residentially zoned pazcels or residential
uses. The applicant is also requesting that circus and carnival permits for properties
lazger than 12 acres not be counted towazds the total number of Special Event Permits
allowed on a property each year.
ANALYSIS: The Code currently permits up to rivo circuses and camivals for any
property during any calendaz yeaz subject to approval of a permit by the City. Staff has
discretion to approve or deny a circus or carnival permit and can also include conditions
of approval to minimize impacts to adjacent uses. The proposed amendment would
allow the opportunity for up to four circus and carnival permits on properties that aze
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280 ~
www.anaheim.net
ZONING CODG AMENDMENT NO. 2009-00080
March 16, 2009
Page 2 of 3
commercially zoned, that aze lazger than 12 acres, and that aze not directly adjacent to residential
zones or uses. Two circus and carnival permits per calendar year would continue to be allowed
for properties 12 acres or smaller. 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 applicanYs proposaL•
Proposed Code Amendment: Circuses and carnivals require a regulatory permit so City staff
can review the proposed operation and ensure the activities will not result in negative irnpacts to
adjacent properties, such as traffic congestion, overflow parking or excessive noise. The
applicanYs request limits the additional two permits per calendar yeaz to commercially zoned
properties of 12 acres or lazger which generaily have higher volumes of tr~c and activity. As
indicated in the attached letter of justification, the applicant had initially requested this code
amendment to require properties to have a minimum of 500 pazking spaces to qualify for the
additional permits. After discussing this, staff and the applicant agreed that this provision is not
necessary as these larger properties generally have su~cient space to accommodate on-site
parking. Staff would continue to review each permit, and apply appropriate conditions of
approval. For these reasons, staff believes that it is appropriate to amend the Code as requested.
The Code permits up to four Special Event Permits per proper[y per calendar year. A Special
Event Permit is required for "any event, promotion or sale sponsored by a business, shopping
center or organization which is held outside the confines of a building, whether or not a business
licanse is required, and which may include (or be limited to) the outdoor display of inerchandise,
the display of temporary signs, flags, banners or fixed balloons, or rides, games, booths or
similaz amusement devices, whether or not a fee or admission is chazged for such event." A
Carnival or Circus would count as a special event. The applicant is requesting that Circus and
Carnival permits not be counted towazds the ma~cimum number of Special Event Permits on
properties that are subject to this Code Amendment, thereby allowing commercial tenants to
continue to have Special Event Permits for other types of events. Because commercial tenants
on very lazge properties tend to be set back faz from streets and adjacent properties, special
events held by these tenants do not contribute substantially to sign proliferation or other impacts
associated with special events. Therefore, staff recommends approval of this request so that the
commercial tenants may still utilize the Special Event Pernut process.
CONCLUSION: Staff recommends approval of the request because the proposed size and
location requirements limit the number of available properties and potential impacts to adjacent
uses.
Respectfully submitted, Con urred by,
~~ ~~w c
Principal Planner I ing Services Manager
ZONING CODE AMENDMENT NO. 2009-00080
March 16, 2009
Page 3 oF3
Attachments•
l. Vicinity Map
2. Draft Ordinance
3. Letter of Request
ATTACHMENT NO. 1
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March 16, 2009
Zoning Code Amendme nt No. 2009-00080
Citywide
io~za
ATTACI~MENT NO. 2
ORDINANCE NO. 'r.~ :r.
AN ORDINANCE OF THE C1TY OF ANAHEIM
AMENDING SUBSECTIONS .030 AND .060 OF
SECTION 1838.095 OF C~IAPT'ER 18.44 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO
CIRCUS AND CARNNAL PERMITS.
THE CITY COUNCIL OF THE CITY OF ANAHEIIVI HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
Tt~at subsecCion .030 of Section 1838.095 of Chapter 18.38 of Title 18 of the
Anaheim Municipal Code, be amended to read as follows:
".030 Ma~cimum Number of Annual Permits. (a) No more than two (2) pernuts for a camival or
circus shall be issued for any project site during any calendar year. (b) Up to four (4) permits for a
camival or eircus may be issued for commercially zoned properties which are a minimam of twelve
(12) acres and are not directly adjacent to residentially zoned properties or resideutial uses. ProjecC
sites include, but are ~ot necessarily limited to, Yhe following:
.0301 Vacant Site. Any vacant parcel or any group of adjoining vacant parcels.
.0302 Any Business or Commercial Retail Center. For the purposes of this section the
term, Yhe term `Business or Commercial Retai] CenCe~" shall meao ooe (1) or more businesses
that are aitl~er (i) located on a single parcel of property or (ii) located on a group of parcels wl~ieh
are developed as a single project wiCh shared vehicle acoess, driveways and/or parking.
.0303 ~ny single parcel developed with a single land use or gronp of uses other than a
business or commercial retail center.
.0304 Any group of adjoining parcels developed with a group of land uses other than a
business or commercial retail center, a~d which parcels are developed as a single project witb
shared vehicle access, driveways and/or parking."
SECTION 2.
That subsection .060 of Section 18.38.095 of Chapter 1838 of Title 18 of the
Anaheim Municipal Code, be amended to read as follows:
":060 Prohibited Carnivals or Circuses. Under no circumstances shall a permit be issued for
a carnival or circus on the same project site for which the masimum number of permits for special
events, as defined in Section 18:92.220 ("S" Words, Terms and Phrases), has already been issued
during the same calendar year. This limitation shall not apply to properties meeting the criteria
contained in paragraph (b) of Subsection 18.38.095.030 above."
SECTION 3. SEVERABILITY
The City Council of the Giry of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of this
ordinance independent of the elimination here from of any such portion as may be declazed 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 pe~al 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 consCrued as xestatemenYS and condnuations, and not as new
enactments.
SECTION 5. PENALTY
IY shall be unlawful for any person, firm or corporation to violate any provision or Yo
fail to comply with any of the requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with any of its requizemenks 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 (6j months, or
by both sach fine and imprisonment. Each such person, firm or corporation shall be deemed guilty
af a separate offense for each day during any porCion of which any violation of any of tt~e provisions
of this ordinance is committed, continued or permitted by sach person, firm orcorporation, and shall
be punishable therefore as provided forin this ordinance.
THE ~'OREGOING ORD~NANCE was inYrodoced at a regular meeti~g of the City
Council of the City of Anaheim held on the _ day of , 2009, and thereafter
passed and adopted at a regulaz meeting of said Ciry Council held o~ the day of
, 2009, by Che following roll call vota:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAH~IM
ATTACHMENT NO. 3
~~~~
~ o~GROUP Public Affairs e Land Use
~`
February 27, 2009 (REVISED)
Sheri Vander Dussen
Planning Director
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92805
Dear Ms. Vander Dussen:
Re: Anaheim Indoor Marketplace -1440 South Anaheim Boulevard
Sheldon Group has been retained by Lederer - Anaheim, Ltd., owner of Anaheim Indoor
Marketplace ("The Marketplace") to assist with their application for a code amendment. This
code amendment would permit additional camivals and circuses than normally permitted by code
for sites with larger acreages.
The Marketplace is located at 1440 S. Anaheim Blvd., on the northeast corner of Anaheim Blvd.
and Cerritos Ave., and has been conducting business in the city of Anaheim for almost two
decades. The Marketplace is the largest indoor swap meet in Orange County with approximately
200 retail and service vendors YhaC cater to tl~e local community. The Nlarketplace is unique in
that its vendors do not have extemal signage to advertise their businesses. Moreover, The
Marketplace sits on a 14.7-acre properry and the buildiug is setback over 400 feet from the street,
making identification from Anaheim Boulevard difficult.
One of the strategies that the owner has employed over the yeazs to attract customers to the site is
to pxogram events that cater to the community. These events have included carnivals and
circuses whicl~ have proved successful in attracting customers to the site. However in 2005, the
city passed an ordinance that restricted the number of annual carnival and circus permits that
could be sought by a property owner to two per year. This action was taken in response to
problems the city was experiencing with other businesses that were abusing the Special Event
Permit process and dishirbing adjacent residents. We understand why the city took action to
address the problem but believe that the ordinance requires refinements in order take into
consideraYion properties that are not constrained by contiguous residential uses and have larger
acreages that aze able to accommodate events, such as circuses, without impacting adjacent or
on-site uses.
Specifically, we believe a code amendment can be tailored to allow Anaheim businesses to
flourish while protecting Ybe quiet enjoyment ofneighborhoods by residents. We believe the
code provision pertaining to camivals and cixauses sbould be amended to ailow properties with a
zone designation of C-G (General Commercialj or C-NC (Neighborhood Center Comrnercial) to
have the ability to apply for up to four such events per year subject to the following provisions:
• That the property have a minimum site area of 12 acres; and
• A minimum of 500 parking spaces reserved for the primary use; and
• Shall not be contiguous to any residential zone boundary.
Based on the foregoing, the Marketplace is requesting that a code amendment to section
1838.095.030 of Chapter 1838 be processed to add the following supplernental language:
.030 Maximum Number of Annual Permits. (a) No more than twp (2) permits for a
carnival or circns shall be issued for any project site consisting of less thau 12 acres
during any calendar year. (b) For project sites co~tsisting of I? acres or~ grenter• in size
and having a minimzmi of 500 parkirzg spnces reser•ved for the primary zrse, no mor•e than
fozn• (4) permits for a carniva] or circus shall be issued during any calendnr year.
We also request that Section 1838.095.060 of Chapter 18.38 be amended so that the number of
carnival ar circus permits is not counted towards the total number of Speciai Event Permits
allowed on an annual basis. The Marketplace does not want to be penalized should they exercise
the four carnivaUcircus permits anmially and is subsequently not allowed to obtain the number of
Special Event Permits otherwise allowed by the Code. Again, this relates to equity and faimess.
The Marketplace operates much like a traditional retail center but without the external exposure.
As mentioned earlier, the vendors do not have external sig~aage and having the ability to conduct
promotional events that amact customers to the site is important to the success of the individual
businesses within the building. As such, we request that Section 1838.095.060 be amended as
follows:
060. Prohibited Carnivals and Circuses. Under no circumstances shall a permit be
issued for a camival or circus on the same project site for which the maYimum number of
permits for special events, as defined in Section 18.92.220 ("S" Words, Terms and
Phrases), has already been issued during the same oalendar year. This lirnitation shnll not
apply to pT•operties meeting tl~e criteria contained in paragraph 0.30(b) of Section
18.38.095.030 nbove.
We look forward tp working with you on bringing the project to a favorable conclusion. Should
you need additional information or have questions, please feel free to call or e-mail me at (949)
777-9400 or ere~~aisheldon~rp.com.
of Planning
cc; Mr. Les Lederer
ITEM NO. 4
PLANNING COMMISSION AGENIDA
200 S. Anaheim Blvd.
suite #1 s2
Anaheim, CA 92805
Tel: (714) 765-5134
Fax: (714) 765-5280 ~
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
DATE: MARCH 16, 2009
FROM: PLANNING SERVICES MANAGER
DELLA HERRICK, PROJECT PLANNER
SUBJECT: CONDITIONAL USE PERNLIT NO. 2009-05415
LOCATION: 270 South Clementine Street
APPLICANT/PROPERTY OWNER: The applicant is Susan Hashioka
representing Epicurean School of Culinary Arts, and the owner is CIM Group Inc.
REOUEST: The applicant requests approval of a Conditional Use Permit to permit
a private culinary arts school.
RECOMMENDATION: Staff recommends the Planning Commission adopt the
attached resolution, approving a Categorical Exemption, Class l, and approving
Conditional Use Pemut No. 2009-05415.
BACKGROIJND: This property is 0.93-acres and is developed with a mixed use
building consisting of apartment units and retail space located in the CG (DMU)
General Commercial Downtown Mixed Use Overlay zone. The Anaheim General
Plan designates this property and the properties to the north, east and west for Mixed
Use land uses. The properiy to the south is designated for Medium Density
Residential land uses.
PROPQSAL: The applicant requests approval of a conditional use permit to allow a
1,884 squaze foot culinary school within an existing mixed use development that
includes apartments and retail uses. The school would offer classes for professional
chef, professional baking and beginner services and recreational workshops. Food
would be prepared for demonstration purposes only at these classes. The school
would operate seven days a week with morning classes staring at 9:30 a.m. and
ending at 130 p.m. Evening classes would begin at 6:30 p.m. and end at 1030 p.m.
Class sizes would vary with an average of 10 to 15 students per class and would
include a chef and chef assistant. A staff person would be on site every day from
9:00 a.m. to 6:00 p.m. to answer the telephone and enroll students in classes.
Between the morning and evening classes, staff would remain on the premises to
clean the facility.
ANALY5IS: Educational institutions for businesses (such as the culinary school)
aze permitted in the General Commercia] Downtown Mixed Use Overlay zone
subject to approval of a conditional use permit to determine compatibility with
surrounding land uses.
CONDITIONAL USE PERMIT NO. 2009-05415
March 16, 2009
Page 2 of 2
PARKING: The culinary school requires 27 pazking spaces, the remaining on-site commercial
space requires 16 spaces and the residential use requires 95 spaces, for a total of 138 required
spaces. Per the Parking Easement Agreement between the Redevelopment Agency and the
property owner, 166 spaces will be provided which exceeds the code requirements. A total of
ll 9 spaces are located within the building and 47 spaces are located in the City Hall West
Pazking Structure and Center Street Promenade Structure which aze both owned by the
Redevelopment Agency. These Agency-owned structures are used to accommodate pazking foi
vazious uses within the downtown mixed use development azea.
CONCLUSION: The culinary arts school is compatible with the mixed uses in the existing
building. It is also located within the Downtown mixed-use development project that combines
residential with non-residential uses as a means to continue downtown revitalization and
encourages a full array of diverse land use types. Therefore, staff recommends approval of the
project.
Respectfully submitted,
~~1l~p ~~/~Sp"
Principa~ Planner
Attachments:
1. Vicinity and Aerial
2. Draft Resolution
3. Project Summary
4. Letter of Operation
by,
Services Manager
The following attachment was provided to the Planning Commission and is available for public
review at the Planning Services Division at City Hall.
5. Photograph
6. Exhibits (Site Plan and Floor Plan)
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March 16, 2009
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Conditional Use Permit No. 2009-05415
270 South Clementine Street
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March 16, 2009
Subject Property
Conditional Use Permit No. 2009-05415
270 South Clementine Street
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[DRAFT] A~TACHNYEIVT NO. 2
RESOLUTION NO. PC2009-
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1 AND
APPROVING CONDITIONAL USE PERMIT NO. 2009-05415
(270 SOUTH CLEMENTINE STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009-05415 to permit a private cali~ary arts school on
ceftain real property situated in the City of Anaheim, County of Orange, State of Califomia,
shown on Exhibit "A", attached hereto and incorporated herein by this reference.
WHEREAS, ehe proparty proposed for tk~e private cula~ary arts school is
developed with a mixed use building consisting of apartment units and xetail space located in the
CG {DMU) General Commercial Downtown Mixed Use Oveday zone , and the Anaheim
General Plap designates th3s property for Mixed Use la~d uses; and
WIIEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 16, 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 invesCigate and make findings and recommendations in coonection
therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due co~sideration of all evidence and reports oftiered at said
heazing, does find aud deteraaine the followiog facts:
1. ThaY a private calinary arts school is pernutted in the CG (DMU) General
Commercial Downtown Mixed Use Overlay zone and is properly one for which a conditional use
pernvt is authorized by Anaheim Municipal Code Section 1830:030:050.0402 (Educational
institutions-Business).
2. That the pravate culinary arts school would oot adversely affeet the adjoining land
uses or the growth and development of tUe area in which it is proposed to be located because the
facility would be located witt~in an existing mixed ase complex with adequate parking.
3. That Yhe size and shape of the site is adequate to allow the f~ll development of the
proposed use in a manner not detrimental to the particular area or to the health, safety and
general welfare of the public because adequate parking is provided.
4. That the traffic generated by the private culinary arts school would not impose an
undue burden upon the streets and highways designed and improved to cany the traffic in the
area because adequate parking is provided.
-1- PC2009-
5. That the granting of the condaYional use permit onder the co~ditions imposed will
not be detrimental to the health and safety of the citizens of the City of Aoaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 1(Existing Facility) as defined in the State CEQA Guidelines,
and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE TT RESOLVED that the Anaheim City Planning
Commission for the reasons hereinabove specified does hereby approve Conditional Use Perrnit
No. 2008-05382 subject to conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference, which conditions are hereby found to be a necessary prerequisite
to the proposed use oY the s~bject property in ordar to preserve the health, safety and general
welfare of the Citizens of the CiYy of Anaheim.
BE IT FURTF3ER RESOLVED tpaT This permit is approved without limitaCions
on the hours of operation or duration of the use. Amendments, modifications and revocations of
this permit may be processed in accordance wit6 Chapters 18.60.190 (Amendment of Permit
Approval) and 18:60.200 (City-Initiated Revocation or Modification oF Permitsj of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and dekermine that adoption of this Resolution is expressly predicated upon
applicanC's compliance with each and all of Che conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final jud;ment of
any court of compeTenY jurisdiction, then this Resolution, and any approvals herein cootained,
shall be deemed null and void.
BE TI' FURTI~R RESOLVBD that the applicant is responsible for paying all
charges related to ehe processing of this discretiooary case application within 15 days of the
issuaoce of the final invoice or prior to the issuance of bailding permits for this project,
whichever occurs first. Failure Co pay all charges shall result in delays in the issuaace of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted aC the Planaing Cammission
meeting of Mamh 16, 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 CITY PLANNING COMMISSION
-2- PC2009-
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of tbe 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 March 16, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONER:
IN WITNESS WHEREOF, I have hereunto set my hand this ~day of
_, 2009.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2009-
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2009-05=615
so ~UOQ~
r:.f,
Source: Recorded Tract Maps and(or City GIS.
Please note the accuracy is +I- two to fve feet.
10721
-4- PC2009-
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05415
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONI~'ORING
GENERAL CONDITIONS
1 ' The subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plans are on file
with the Plan~ing Department marked Exhibit Nos. 1(Site
Plan and 2(Floor Plan), and as conditioned herein.
2 Approval of this application constitutes approval of Yhe Planniqg
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code a~d a~y other applicable
CiCy, State and Federa] zegulations. Approva] does not
include any action or fi~dings as to compliance or approval
of the request regarding any oYher applicable ordinance,
regulation or requiremenC.
-5- PC2009-
ATTACII~INIEENT NO. 3
PROJECT SLJMMARY
Existing
Use Re uired Parkin '; Provided Parkin
95 apartment 95 spaces (1 space per 95 spaces (Residential Exclusive)
uniCS unit)
48 spaces (Residential Non Exclusive)
6,000 square
feet of zetail 23 spaces (Retai] Non-Excl~sive)
2A spaces (4 spaces per
1,000 square feet) 166 spaces including 119 spaces on-site and 47
spaces provided by the Parking Easement
As determined by parking Agreement for the Downtown Mixed Use
study Development
119 spaces
Proposed
Use Re uired Parkin ' Provided Parkin
95 apartment 95 spaces (1 space per 95 spaces (Residential Exclusive)
units unit)
48 spaces (Residential Non Bxclusive)
1,353sqaare feet ' 27 spaces (20 spaces per
of instruction 1,000 square feet of 23 spaces (Retail Non-Exclusive)
area instruction)
166 spaces including 119 spaces on-site and 47
4,116 square 16 spaces (4 spaces per spaces provided by the Parking Basement
feet of reCail 1,000 square feet) Agreeme~t for the Downtown Mixed Use
Development
138 spaces
ITEM NO. 5
PLANNING COMMISSION AGENIDA
City of Anaheim
PLANNING DEPARTMENT
DATE: MARCH 16, 2009
FROIVI: PLANNING SERVICES MANAGER
DELLA HERRICK, PROJECT PLANNER
SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05382
LOCATION: 2111 West Crescent Avenue, Suite B
APPLICANT/PROPERTY OWNER: The applicant is Krysti Galvin representing
RREEF, and the owner is Wilson Tri-Freeway, LLC.
REQUEST: The applicant proposes to operate a trade school for environmental
training.
RECOMMENDATION: Staff recommends the Planning Commission adopt tha
attached resolution, approving a Categorical Exemption, Class 1, and approving
Conditional Use Permit No. 2008-05382.
BACKGROUND: This property is 3.4-acres and is developed with an industrial
complex located in the Industrial (I) zone. The Anaheim General Plan designates
this properiy and the property to the north for industrial land uses. Property to the
east is designated as a"Water" land use, property to the west is designated for public
institutional land uses and property to the south is designated for medium density
residential land uses.
PROPOSAL: The applicant proposes to operate a trade school for environmental
training within a 1,562 tenant space in a 51,213 squaze foot existing industrial
business park. This application was submitted in response to a Code Enforcement
Notice of Violation that was issued for the unpermatted trade school activity. The
applicant indicates the school provides environmental training and OSHA certified
compliance classes for private firms as well as public agencies.
Proposed hours of operation and number of employees for the school aze as follows:
e Monday through Saturday 8:00 a.m. to 6:00 p.m. (Classes aze only held
15 days per month).
e One to two employees per day.
• Classes are limited to a maximum of Fifteen students.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
TeC (714) 765-5139
Fax: (714) 765-5280 "
wurw.anaheim.net
CONDITIONAL USE PERMIT NO. 2008-05382
March 16, 2009
Page 2 of 2
ANALYSI5: Educational Institutions for business are permitted in the Industrial zone subject to
approval of a conditional use permit to determine compatibility with surrounding ]and uses. The
proposed classes aze held indoors, and aze compatible with other uses within the business pazk.
The proposed school would require thirteen pazking spaces, 129 spaces aze required for all uses,
and 182 spaces aze provided. The project complies with all requiremants of the Industrial zone,
including parking, and the site is well-maintained.
CONCLUSION: The environmental training school is compatible with other office and
industrial uses in the business pazk and adequate pazking is provided on site. Therefore, staff
recommends approval of the project.
Respectfully submitted,
by,
~~~ ~~L c
Principal Planner 1 ing Services Manager
Attachments: `
1. Vicinity and Aerial Map
2. Draft Conditional Use Permit Resolution
3. Project Summary
4. Letter of Operation
The following attachments were provided to the Planning Comznission and are available for
public review at the Planning Services Division at City Hall.
5. Exhibits (Site Plan and Floor Plan)
6. Site Photographs
March 16, 2009
Subject Property
Conditional Use Permit No. 2008-05382
2111 West Crescent Avenue
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March 16, 2009
Subject Property
Conditional Use Permit No. 2008-05382
2111 West Crescent Avenue
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~~~FT~ ATTACHIVIENT NO. 2
RESOLUTION NO. PC2009-
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1 AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05382
(2ll 1 WEST CRESCENT AVENUE, SUITE B)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2008-055382 to permit and retain a trade school for
environmental training on certain real property situated in the City of Anaheim, County of
Orange, State of Califomia, shown on Eachibit "A", attached hereto and incorporated herein by
this reference.
WHEREAS, the property proposed for an environmental training school is
developed with an industrial complex located in the Industrial (I) zone, and the Anaheim General
Plan designates this property for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on Mazch 16, 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
Munacipal 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 inspec6on, investigation and study made
by itself and in its behalf, and after due considerarion of all evidence and reports offered at said
hearing, does find and determine the following facts:
1. That the request to permit and retain a trade school for environmental training is
permitted in the Industdal (I) zone is properly one for which a conditaonal use permit is
authorized by Anaheim Municipal Code Section 18,10.030.040 (Educatipnal Institutions-
Business).
2. That a trade school for environmental training would not adversely affect the
adjoining land uses or the growth and development of the area in which it is proposed to be
located because the facility would be located within an existing indush-ial complex with adequate
pazking.
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 particulaz azea or to the health, safety and
general welfare of the public because adequate parking is provided within the indushial complex.
4. That the traffic generated by the trade school for environmental training would
not impose an undue burden upon the streets and highways designed and improved to carry the
traffic in the area because adequate pazking is provided on-site.
-1- PC2009-
5. That the granting of the condirional use permit under the condirions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definirion of Categorical
Exemprions, Section 15303, Class 1(Existing Facility) as defined in the State CEQA Guidelines,
and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVEA that the Anaheim City Planning
Commission for the reasons hereinabove specified does hereby approve Conditional Use Permit
No. 2008-05382 subject to conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference, which conditions are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the health, safety and general
welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18,60.200 (City-Initiated Revocation or Modificarion of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoprion of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
chazges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all 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
meering of March 16, 2009. Said resolurion 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 CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-Z- 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 Mazch 16, 2009, by the following vote of the members
thereo£
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONER:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
, 2009.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2009-
E~HIBIT ''A"
CONDITIONAL IISE PERMIT NO. 2008-05382
-4- PC2009-
EXI3IBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05382
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL CONDITIONS
l The subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plans aze on file
with the Planning Departmeot marked Exhibit Nos. 1(Site
Plan and 2(Floor Plan), and as co~ditioned herei~.
2 ' Approval of this applicatio~ constitutes approval of the Planning
proposed zequesC only Co the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable
City, State and Federal regulations. Approval does nat
include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance,
regulation or requirement.
-5- PC2009-
ATTACI~IMENT IVO. 3
PROJECT SiJ1VIlVIARY
CONDITIONAL USE PERIVIIT NO. 2008-05382
Use S uare Feet Re uired Parkin Existin Parkin
Office 15,984 64
Industrial 33,667 52
Training School 1,562 13
Total: 53,213 129 spaces 182 spaces
ATTACHMENT NO. 4
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COMPUANCE
Ocrtober 14, 200$
Environmental Training and Compliance was established Orange County in 1989. We have
provided employee heal#h and safety training #o such clients as:
p Anaheim Pubiic Works Department
a Orange County Water Authority
~ Irvine Ranch Water Uistrict
~ County of Orange Districf Attorney's Office
m State of California EPA
6 California State University System
m California Department of Transportation
Our Private sector clients include numerous environmental consulting companies, oil & gas
and manufacturing operations.
These "Green Collar" workers are an essentia~ component of the City of Anaheim's future
employment growth and leadership in the environmental field.
211 I W. Crescent Ave Suite B o Anaheim, C.4 92801 0(800) 949-4473 o et~~o-online.com
F,TAC conducts enviroiunental training and OSHA certified compliance classes.
Tl~ese courses are best classified as secondary or vocationat education classes.
7'his use is permitted under the current zoning for Tri-Freeway Business Center
widi a Conditional Use Pennit.
2. This proposed use will not adversely affect the current, surrounding use which is
fully developed. The surrotuiding areas are coinprised of commercial
development ("and Tnterstate S) to the Nortl~, residential development to d~e South,
County floud control property to tile East and retail development to the West.
There is no fiuther development in tlie foresezable future, as tliere is no vacant
laud available.
~. The proposed use is wifl7in an existing multi-tenant mixed use office and.
industrial park. The proposed use is located witllin that portion of ~he pazk wheze
mosi of the park's office user's are ]ocaYed and therefore well sihiated with likz
users. The healtl~ and safety of the azea is not affected.
4. The traf&c generated by the proposed use will be n~inimal to the surrotmding area
(wl~ich has adequate traffic control mecha»isms) and to the park itself.
While the use indicates a school-like environment; most "classes" are held just
four (4) tiveekdays and occasionally on Saturdays. Classes are limited to a
maximum of fifteen (15) students per ~ccurrence. There are a maximum of Rvo
(2) staff inembers on site. ln essence, w]iile we are a h•aining facility, our
occupancy is no denser than that of a mortgage company or a call center, both of
whicli are pemutted uses under 11ie current zoning.
5. T'he granting of die requested Conditional Use Permit will notjeopardize ihe
health or welfare of the citizens of Analieim. In fact, we believe ETAC offzrs the
citizens of Anaheim a place where they can obtain the training they need to
advanca in fheir eareer or remain carrent in their job certif cation - close To home.
ITEM NO. 6
PLANNING COMMISSION AGENIDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: MARCH 16, 2009
FROM: PLANNING SERVICES MANAGER
DAVE SEE, PROJECT PLANNER
SUBJECT: CONDITIONAL USE PERMIT NO. 2009-05401
LOCATION: 1881 West Ball Road
APPLICANT/PROPERTY OWNER: The applicant is Alex Gurski with WD
Partners and the property owner is Thrifty Oil Company.
REOUEST: The applicant proposes to convert a former service station building
into a convenience market.
RECOMMENDATION: 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. 2009-05401.
BACKGROUND: The 0.48-acre property is currently developed with a 1,688
squaze foot former service station building. The property is located in the General
Commercial (GG) zone. The General Plan designates this property and properties
to the north and east for low-medium density residential land uses. Properties to the
west, across Nutwood Street, aze designated for low density residential land uses.
The property to the south, across Ball Road, is designated for school land uses.
PROPQSAL: The applicant proposes to convert a former service station building
into a convenience mazket. The site plan indicates new landscape planters around
the perimeter of the property and adjacent to the building, new paving and pazking
lot striping, a new trash enclosure, and the closure of the rivo driveway openings
closest to the intersection. The elevation plan indicates the refurbishment of the
existing building. The owner intends to sell hot and cold deli food items, hot and
cold drinks, and normal convenience store items such as candy, chips, beverages,
packaged food products, general household goods, and produce. The sale of
alcoholic beverages is not proposed. The applicant has stated that there aze no plans
to expand the existing building.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: Q14) 765-5139
Fax: (714) 765-5280 ~
www.anaheim.net
CONDITIONAL USE PERMIT NO. 2009-05401
March 16, 2009
Page 2 of 2
ANALYSIS: A conditionai use permit is required for small grocery stores and delicatessens less
than 15,000 squaze feet in size in the GG zone. The market requires nine pazking spaces and 11
spaces are proposed on the property. Staff believes that the conversion of a vacant service
station building into a conveni~nce mazket and the installation of new landscaping azound the
perimeter of the property and adjacent to the building would substantially improve the aesthetics
of the building and the overall appeazance of the property. In addition, staff believes that the
proposed mazket would not have an adverse effect on adjacent residential, school, and
commercial uses.
CONCLUSION: The proposed convenience mazket would be compatible with the surrounding
residential, school, and coznmercial uses. Staff believes that, with the proposed conditions of
approval, the use would not be detrimental to the area. Therefore, staff recommends approval of
this conditional use permit request.
Respectfully submitted, Conc ed by,
~~~ ~~w ~
Principal Planner P ing Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Resolution
3. Letter of Operation
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Services Division at City Hall.
4. 3ite Photographs
5. Site, Floor, and Elevation Plans
March 16, 2009
Subject Property
Conditional Use Permit No. 2009-05401
1881 West Bail Road
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March 16, 2009
Subject Property
Conditional Use Permit No. 2009-05401
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[DRAFT] ATTAC~IIVIEIV~ No. 2
RESOLUTION NO. PC2009-
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMI3SION
APPROV~IG A CLASS 1 CATEGORICAL EXEMPTION ANA
APPROVING CONDITIONAL USE PERMIT NO. 2009-05401
(1881 WEST BALL ROAD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit to convert a former service station building into a
convenience market on certain real property situated in the City of Anaheim, County of Oran~e,
State of Califomia, shown on Exhibit "A", attached hereto and incorporated herein by this
reference;
WHEREAS, the property proposed to convert a 1;688 square foot former service
station building into a convenience market is located in the General Commercial (C-G) zone and
the property is designated for Low Medium De~sity Residential ]and uses in the City of Anaheim
General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
CenCer in Che City of Anahe9m on March 16, 2009, at 230 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 I8.60, 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 Commissio~, after due inspection, investigation and stady made
by itself and in its behalf, and afYer due consideration of all evideace and reporCS offered at said
hearing, does find and determine the following facts:
1. That a convenience market in the General Commercial (C-G) zone is properly one
for which a conditional use permit is authorized by Anak~eim Municipal Code Section
1$.08.030.010 (Markets - Small).
2. That the conversion of a former service station building into a convenience
market would not adversely affact the adjoining commercial, residential, and school land uses
and the growth and development of the area in which it is proposed to be located because the
propeRy is currendy improved with a comznercial building and the site will be improved with
parking, landscaping, and a trash enclosure in compliance with Code reqnirements.
3. That the size and shape of the site is adequate to allow the full developmenC of the
proposed use in a manner not detrimentaJ Co the paRicular area nor to the health, safety and
general welfare of the public because the property is currently improved with a commercial
building and ll parking spaces will be pmvided. Code requires a total of 9 spaces for the
proposed use; therefore, the parking supply will exceed Code by 2 spaces.
4. That the traffic generated by the business would not impose an undue burden
upon the streets and higbways designed and improved Yo carry Che traffic in the area because the
- 1 - PC2009-
number of cars and trucks entering and exiting the site are consistent with typical commercial
b~sinesses that would be permitted as a matter of right within the General Commercial zone.
WHEREAS, the proposed project falls within the definiCiQn of CaYegorical
Exemptions, Class 1(Existing Facilities) as defined in the State CBQA Guidelines, and is
therefore, exempt from the rec~uirement 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. 2009-05401
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 arder to preserve the health, safety and general welPare of the CiCizens of the
City of Anaheim.
BE TI' FCTRTHER RESOLVED, that this pemvt is approved without limitations
on the hours of operation or the duration of the use. Amendme~ts, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) af the Anaheim Municipal Code.
BE IT FCTi2THER RESOLVED that The Anat~eim City Planning Commission
does hereby find and determine Yhat adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condiCion, or any parC Chereof, be declared invalid or unenforoeable by the tinal judgment of
any court of competenC jurisdicCion, then this Reso}ution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible For paying all
charges relaCed to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges sball 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 March 16, 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 a~ appeal.
ATTEST:
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 2 - PC2009-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANA~IEIM )
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 Planoing Commission held on March 16, 2009, by Che following vpte of the members
thereof:
AYES: COMMISS30NERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I 6ave hereunto set my hand this day of
March, 2009.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 3 - PC2009-
EIHIBIT "A"
CONDITIONAL USE PERA7IT NO. 2009-05=101
- 4 - PC2009-
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05401
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENEItAL ~CONDIT"ZONS
1 Trash storage areas shall be provided and maintained in a Planning,
location acceptable to the Public Works Department and in public Works
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 frorn adjacent streets or highways.
2 There shall be no public telephones on the property that are Planning
located outside of tt~e building and within tt~e controi of the
applicant.
3 The applicant shall moniTOr the area under their contro] in an Police
effort to prevent the loitering of persons about the preraises.
4 Parking lots, driveway, circulatlon areas, aisles, passageways, Police
recesses and ground contiguous to buildings, shall be provided
' with lighting of a minimum one (1) foot candle power to
iliuminate 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.
5 The property shall be permanently maintained in an orderly Code
fashion through the provision of regular landscaping Enforcement
mainCenance, removal of trash or debris, and removal of graffiti
within two business days from the time of discovery.
6 The subjecC property shall be developed sabstantially in Planning
accordance with plans and specifications subrnitted to the City of
Anabeim by the petitiooer and which plans are on file with the
Planning Department marked Exhibit Nos. 1(Site Plan), 2(Floor
Plan), and 3(E]evaC3ons) and as conditioned herein.
7 Approval of this applicaYion constitutes approval of Che proposed Planning
request only to the extent rhat complies with the Anaheim
Municipal Zoning Code and any other appl9cable City, State a~d
Federal regulations. Approval does noC inclade any action or
findings as to compliance or approval of the request regarding
any oCher applicable ordinance, regulation or requirement.
- 5 - PC2009-
ATTACHMENT NO. 3
February 13, 2009
LETfER OF OPERATION
1881 BALL ROAD ANAHEIM, CA
APN: 128-29136
The existing site consists of approximately 0.43 acres (150' 125') and is located
~,_~ on the northeast corner of Ball Road and Nutwood Street in the City of Anaheim.
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~ „ Currently the site is a vacant automotiile service station.
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The project proposes to permit conversion from a vacant service station to a retail
use (exact retail tenant will be determined) with approval of a conditional use
permit in the Generai Commercial (CG) zone. The applicant proposes to provide
interior landscape and parking, per zoning code (see Site Plan), remove existing
canopy, remove both curb cuts cbsest to intersection, painf/upgrade existing
exterior elevations, and flnish-out interior space to retail use (See Fioor Plan}.
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sr;~;,r, ~ x v-r:;::: The operation and use does not involve 6eer / wine sales or liquor sales. The
owner intends to sell hot and cold deli food items in addition to normal
„ _, convenience store items such as candy, chips, beverages, produce, etc. 'There
will be no indoor / outdoor dining.
539.753 "3.'f! `
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The site was previously approved by Planning Commission on March 11, 2002
via Resolution NO. PC2002-39 to convert vacant service station to retail.
If you have any questions, please do not hesitate to contact me.
Regards,
~ ~.
Atex Gurski
949-223-9541
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