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PC 2010/03/29H:\TOOLS\PC Admin\PC Agendas\(032910).doc City of Anaheim Planning Commission Agenda Monday, March 29, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Panky Romero • Chairman Pro-Tempore: Stephen Faessel • Commissioners: Peter Agarwal, Todd Ament, Kelly Buffa, Joseph Karaki, Victoria Ramirez • Call To Order - 3:30 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. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, March 25, 2010, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 03/29/10 Page 2 of 5 Anaheim Planning Commission Agenda - 3:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City 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 1A Receiving and approving the Minutes from the Planning Commission Meeting of March 15, 2010. These minutes have been provided to the Planning Commission and are available for review at the Planning Department. Motion Public Hearing Items: ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2010-05475 (DEV2010-00008) Owner: Tracy Ellis Hilton & Ellis Properties, LLC 806 East Avenida Pico #1-251 San Clemente, CA 92673 Applicant: Justin Warn 1801 East Katella Avenue, #1072 Anaheim, CA 92805 Location: 1755 South Claudina Way The applicant proposes to permit a tattoo shop in an existing commercial/industrial center 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 No. 2010-018 Project Planner: Della Herrick dherrick@anaheim.net 03/29/10 Page 3 of 5 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2009-05476 (DEV2010-00009) Owner: Krysti Galvin RREEF America Reit II Portfolio, LP 1630 South Sunkist Street, Suite A Anaheim, CA 92806 Applicant: Peter Morris Sports Medicine Institute Sports Training Complex 2198 South Dupont Drive Anaheim, CA 92806 Location: 1590 South Sinclair Street The applicant proposes to establish a sports training facility for physical fitness and therapy including indoor batting cages. 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 No. 2010-019 Project Planner: Della Herrick dherrick@anaheim.net Adjourn to Monday, April 12, 2010 at 3:30 p.m. 03/29/10 Page 4 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. March 25, 2010_ (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY 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. 03/29/10 Page 5 of 5 S C H E D U L E 2010 April 12 April 26 May 10 May 24 June 7 June 21 July 7 (Wednesday) July 19 August 2 August 16 August 30 September 13 September 27 October 11 October 25 November 8 November 22 December 6 December 20 I (SABC) DEV 2010-00008 INDUSTRIAL I (SABC) INDUSTRIAL I RAILROAD C-G (SABC) SUBSTATION I STONE CENTER C-G RETAIL I (SABC) INDUSTRIAL I (SABC) INDUSTRIAL I (SABC) VACANT I ORANGE COUNTY REGISTERC-G (SABC) VACANT C-G (SABC) VACANT I ORANGE COUNTY REGISTER ||384'5 F REEWAYPL AT I NUM T RI ANGL EPLATINUM TRIANGLEE KATELLA AVE S MANCHESTER AVES A N A H EI M WA Y S CLAUDINA WAY5 S. HARBOR BLVDE. KATELLA AVES. LEWIS STE. CERRITOS AVE E. ORANGEWOOD AVE S. STATE COLLEGE BLVDW. KATELLA AVE S. HASTER STS. ANAHEIM BLVDS. SUNKIST STW. ORANGEWOOD AVE W. DISNEY WAY 109061755 South Claudina Way DEV2010-00008 Subject Property APN: 082-242-09 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 E KATELLA AVE S MANCHESTER AVES A N A H EI M WA Y S CLAUDINA WAY5 S. HARBOR BLVDE. KATELLA AVES. LEWIS STE. CERRITOS AVE E. ORANGEWOOD AVE S. STATE COLLEGE BLVDW. KATELLA AVE S. HASTER STS. ANAHEIM BLVDS. SUNKIST STW. ORANGEWOOD AVE W. DISNEY WAY 109061755 South Claudina Way DEV2010-00008 Subject Property APN: 082-242-09 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 5 F REEWAY [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-018 RESOLUTION NO. PC2010-018 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05475 (DEV2010-00008) (1755 SOUTH CLAUDINA WAY) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No.2010-05475, to permit tattoo shop within an existing mixed use industrial complex 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 developed with a mixed use industrial complex located in the Industrial (I) zone and the Anaheim General Plan designates the 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 March 29, 2010, at 3:30 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 Planning 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, does find and determine the following facts: 1. That the proposed tattoo shop is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Personal Services – Restricted). 2. The operation of a tattoo shop will 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 use is will be conducted entirely within an existing building with no outside activities and it is compatible with existing commercial and industrial uses on the site. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because this use will be located within an existing tenant space of an established mixed use industrial complex. - 2 - PC2010-018 4. The traffic generated by the tattoo shop will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. A total of 88 parking spaces are provided for the property, including the tattoo shop, and the Code required number of parking spaces for all uses on the site is 72 parking spaces. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to commercial uses in the area and activities would occur entirely within the existing tenant space. 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 Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010-05475 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 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 this conditional use permit is approved without limitations on the duration of the use. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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. - 3 - PC2010-018 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 29, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY 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 March 29, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of March, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-018 - 5 - PC2010-018 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05475 (DEV2010-0008) NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 Each tattoo technician shall obtain and retain separate City of Anaheim Business Licenses. Said licenses shall be visibly displayed at all times. Code Enforcement 2 Business to be equipped with alarm system (silent or audible). Police 3 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678. Police 4 Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4” recommended. Police 5 File Emergency Listing Card, Form APD-281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim,net/article.asp?id=678. Police 6 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plan) and as conditioned herein. Planning 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. IDEV 2010-00009INDUSTRIALO-L VOCATIONAL SCHOOL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL PR (PTMU) Arena PARKING LOT57 FREEWAY||2 4 2 ' O-L VOCATIONAL SCHOOL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL I RELIGIOUS USE I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL ! !1182'S DOUGLASS RDE C E R R I T O S A V E S SUNKIST STS SINCLAIR STS HARRIS CT57 E. BALL RD E. KATELLA AVES. LEWIS STE. CERRITOS AVE S. SUNKIST STS. STATE COLLEGE BLVDS. DOUGLASS RD109071590 South Sinclair Street DEV2010-00009 Subject Property APN: 253-611-03 ATTACHMENT NO. 1 ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE.°0 50 100 Feet Aerial Photo: April 2009 S DOUGLASS RDE C E R R I T O S A V E S SUNKIST STS SINCLAIR STS HARRIS CT57 E. BALL RD E. KATELLA AVES. LEWIS STE. CERRITOS AVE S. SUNKIST STS. STATE COLLEGE BLVDS. DOUGLASS RD109071590 South Sinclair Street DEV2010-00009 Subject Property APN: 253-611-03 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-019 RESOLUTION NO. PC2010-019 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05476 (DEV2010-00009) (1590 SOUTH SINCLAIR STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No.2010-05476, to permit a sports training facility for physical fitness and therapy including indoor batting cages or 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 developed with an industrial building located in the Industrial (I) zone and the Anaheim General Plan designates the 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 March 29, 2010, at 3:30 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 Planning 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, does find and determine the following facts: 1. That the proposed sports training facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Dance and Fitness Studio, Recreation-Commercial Indoor). 2. The operation of a sports training facility for physical fitness and therapy including indoor batting cages will 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 use is entirely within an existing building with no outside activities and it is compatible with existing industrial uses surrounding the property. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because this use will be located within an existing building of an established industrial area. - 2 - PC2010-019 4. The traffic generated by the a sports training facility for physical fitness and therapy including indoor batting cages will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. A total of 85 code-compliant parking spaces are provided for the industrial building, including the proposed use, and a total of 81 parking spaces are required by Code. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to uses in the area and activities would occur entirely within the a portion of the existing building space. 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 Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010-05476 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 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 this conditional use permit is approved without limitations on the duration of the use. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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. - 3 - PC2010-019 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 29, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY 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 March 29, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of March, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-019 - 5 - PC2010-019 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2009-05476 (DEV2010-00009) NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 Trash bin enclosures doors should be painted Code Enforcement 2 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department 3 Business to be equipped with alarm system (silent or audible) Police Department 4 Address numbers shall be positioned so as to be readily readable from the street. Police Department 5 All exterior doors to have adequate security hardware, e.g. deadbolt lock The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. Police Department 6 File Emergency Listing Card, Form APD-281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim,net/article.asp?id=678. Police Department 7 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plan) and as conditioned herein. Planning 1. View of front of building looking south from S. Sinclair Street 2. Front view of west building entry Applicant entry door 3. View of west entry drive aisle from S. Sinclair Street 4. Angular view of building entry at northwest corner of building 5. View of west facing side of building along drive aisle 6. Front view of east building entry Adjacent tenant entry door 7. View of east entry drive aisle from S. Sinclair Street 8. Angular view of adjacent entry at northeast corner of building 9. View of east facing side of building along drive aisle 10. View of south facing rear of building (west end) 11. View of south facing rear of building (east end) Ramp down to sunken truck well 12. View of rear of building east facing truck well 13. Rear of building parking area facing west 14. Interior photo of Sports Medicine Institute (SMI) Physical Therapy office 15. Interior photo of Sports Medicine Institute (SMI) Weight room 16. Interior photo of Sports Training Complex (STC) Batting cages 17. Interior photo of Sports Training Complex (STC) Batting cages 17. Interior photo of Sports Training Complex (STC) Batting cages 18. Interior photo of Sports Training Complex (STC) Pitching cages 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.