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PC 2010/05/10H:\TOOLS\PC Admin\PC Agendas\(051010).doc City of Anaheim Planning Commission Agenda Monday, May 10, 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 • Workshop on planned development of the “Packing House Block” (presented by Community Development Department staff) 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, May 6, 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 05/10/10 Page 2 of 7 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 April 12, 2010. These minutes have been provided to the Planning Commission and are available for review at the Planning Department. Continued from the April 26, 2010 Planning Commission Meeting. Motion 05/10/10 Page 3 of 7 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2004-04952C (DEV2010-00050) Owner: William Taormina Clean City Inc. 128 W. Sycamore Street Anaheim, CA 92805 Applicant: Steve Elkins Ember Cafe and Music Club 401 N. Anaheim Boulevard Anaheim, CA 92805 Location: 401 North Anaheim Boulevard The applicant proposes to amend a previously-approved conditional use permit to add a patio to an existing public dance hall/restaurant and proposes to modify conditions of approval regarding food service, age restrictions and the service of alcoholic beverages within the patio areas. 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. ______ Project Planner: David See dsee@anaheim.net 05/10/10 Page 4 of 7 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2010-05489 VARIANCE NO. 2010-04811 (DEV2009-00037) Owner: Brian Malliet BKM Miraloma Associates LLC 101 Shipyard Way Newport Beach, CA 92663 Applicant: Ron Savage Westair Gases and Equipment 2506 Market Street San Diego, CA 92102 Location: 3001 East Miraloma Avenue The applicant proposes to permit a temporary modular building and outdoor storage of industrial and medical gases. The applicant also proposes a variance to construct a new monument sign in a location not permitted by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). Resolution No. ______ Resolution No. ______ Project Planner: David See dsee@anaheim.net 05/10/10 Page 5 of 7 ITEM NO. 4 ZONING CODE AMENDMENT NO. 2010-00090 (DEV2010-00069) Owner/ Applicant: Anaheim Redevelopment Agency Laura Alcala 201 S. Anaheim Boulevard Anaheim, CA 92805 Location: South Anaheim Boulevard Corridor (SABC) Overlay Zone The applicant requests to amend Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of the Anaheim Municipal Code to allow accessory sales of beer and wine for off-site consumption in conjunction with breweries and wineries within the SABC Overlay zone. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per Section 21080 of the California Public Resources Code (Statutory Exemption). Resolution No. ______ Project Planner: David See dsee@anaheim.net Adjourn to Monday, May 24 , 2010 at 3:30 p.m. 05/10/10 Page 6 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. May 5, 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. 05/10/10 Page 7 of 7 S C H E D U L E 2010 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 C -G D E V 2 0 1 0 -0 0 0 5 0 R E T A I L R S -3 S F R R S -3 S F R SINGLE FAMILY RESIDENCE R S -2 S F R R S -3 F O U R P L E X R S -2 T R I P L E X C -G R E L I G I O U S U S E C -G R E T A I L R S -3 6 D U R S -3 T R I P L E X C -G R E L I G I O U S U S E C -G A U T O R E P A I R / S E R V I C E R M -4 P A R K P R O M E N A D E A P T S 2 4 D U R S -3 S F R R S -3 S F R T R E L I G I O U S U S E R M -4 A P T S 8 D U R S -2 S F R R S -3 S F R C -G O F F I C E S RS-3DUPLEXC -G R E S T A U R A N T C -G O F F I C E S R M -4 A P T S 1 2 D U R S -3 S F R R S -2 S F R R S -2 S F R R S -2 S F R R S -2 S F R R S -2 S F R R S -3 V A C A N T R S -3 S F R C -G O F F I C E S C -G S F R R S -3 T R I P L E X M A I N T E N A N C E Y A R D T A P T S 2 0 D U R M -4 S F R R S -3 D U P L E X R M -3 R E T A I L R S -3 T R I P L E X R S -3 S F R R S -2 S F R C -G R E T A I L T R M -4 C -G R E L I G I O U S U S E C -G R E L I G I O U S U S E R S -3 R E L I G I O U S U S E R S -3 S F R R S -3 S F R C-GRESTAURANTC-GRETAILT O F F I C E SC-G O F F I C E S C -G O F F I C E S R S -3 S F R C -G R E T A I L C -G R E T A I L C -G R E T A I L R M -4 A P T S 1 0 D U R M -4 S F R || 1 1 8 '||45'T P E A R S O N P A R K N ANAHEIM BLVDN LEMON STN CLAUDINA STW C Y P R E S S S T N EMILY STE A D E L E S T W A D E L E S T E S Y C A M O R E S T W A L B E R T A S T N ZEYN STW S Y C A M O R E S T E C Y P R E S S S TN CLAUDINA STN. EAST STE. LA PALMA AVE E . B R O A D W A Y E . L I N C O L N A V E S. EAST STW. LA PALMA AVE W . B R O A D W A YW. L I N C O L N A V EN. HARBOR BLVDS. ANAHEIM BLVDW. B R O A D W AY 10951401 North Anaheim Boulevard DEV2010-00050 Subject Property APN: 035-101-16 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 N ANAHEIM BLVDN LEMON STN CLAUDINA STW C Y P R E S S S T N EMILY STE A D E L E S T W A D E L E S T E S Y C A M O R E S T W A L B E R T A S T N ZEYN STW S Y C A M O R E S T E C Y P R E S S S TN CLAUDINA STN. EAST STE. LA PALMA AVE E . B R O A D W A Y E . L I N C O L N A V E S. EAST STW. LA PALMA AVE W . B R O A D W A YW. L I N C O L N A V EN. HARBOR BLVDS. ANAHEIM BLVDW. B R O A D W AY 10951401 North Anaheim Boulevard DEV2010-00050 Subject Property APN: 035-101-16 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 ATTACHMENT NO. 2 [DRAFT] ATTACHMENT NO. 3 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004-04952, IN PART, AND AMENDING CONDITIONS OF APROVAL OF RESOLUTION NO. PC2005-28 (DEV2010-00050) (401 NORTH ANAHEIM BOULEVARD) WHEREAS, on February 23, 2005, the Anaheim City Planning Commission, by its Resolution No. PC2005-28, did approve Conditional Use Permit No. 2004-04952 to permit a public dance hall, banquet hall and a community religious assembly facility with on-premises sales and consumption of alcoholic beverages and an off-site parking lot for a period of two (2) years, to expire on February 23, 2007, for that certain real property situated in the City of Anaheim, County of Orange, State of California, as particularly shown on Exhibit “A”, attached hereto and incorporated herein by this reference (the "subject property"); and WHEREAS, on January 7, 2008, the Anaheim Planning Commission, by its Resolution No. PC2008-5, approved an amendment to Conditional Use Permit No. 2004-04952 to reinstate the permit to retain a previously-approved public dance hall, banquet hall, and community and religious assembly with on-premises sales and consumption of alcoholic beverages and an off-site parking lot, amend previously-approved plans, permit a cover charge, and amend conditions of approval to remove the time limitation; and WHEREAS, the subject property is developed with a restaurant and public dance hall building in the C-G (General Commercial) zone. The adjacent parking lot to the west is located in the T (Transition) and RM-4 (Multiple Family Residential) zones and the Anaheim General Plan Land Use Element designates the property for Mixed Use land uses; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 2004-04952 to add a patio to an existing public dance hall/restaurant and modify conditions of approval regarding food service, age restrictions, and the service of alcoholic beverages within the patio areas (designated as “Conditional Use Permit No. 2004-04952C”); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 10 , 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 - 2 - PC2010-*** 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 an amendment to the conditional use permit, does find and determine the following facts: 1. The request to amend the permit for an existing restaurant and public dance hall is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.040.0402 (Community and Religious Assembly, Bars and Nightclubs, Private Commercial Recreation Indoor, Alcoholic Beverage Sales) of the Anaheim Municipal Code. 2. The operation of the restaurant and public dance hall will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located, as conditioned herein, and with the operational restrictions, required food service, valet parking service, and security plan stipulated by the applicant. 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 provided that valet parking service and on-site security is provided to deter any potentially unlawful conduct and to prevent disturbance to adjacent residential neighborhoods. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the parking demand can be accommodated on the premises with the valet parking service and on-site security being provided by the applicant. 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 all activities will be conducted within the building, with the exception of the proposed outdoor patio, which will be enclosed with an 8- foot high block wall. 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 an amendment to Conditional Use Permit No. 2004-04952C, in part, denying the request to delete Condition COA13 of Resolution No. PC2008-5 pertaining to the percentage of food and alcohol sales. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend and restate the conditions of approval adopted in connection with Planning Commission Resolution No. PC2005-28, approving Conditional Use Permit No. 2004-04952, to read as stated in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, 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. Timing for compliance - 3 - PC2010-*** with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 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 to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC2005-28, approving Conditional Use Permit No. 2004-04952, shall remain if full force and effect. 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 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 10 , 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 May 10 , 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 10th day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2004-04952C (DEV2010-00050) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF BUILDING PERMIT 1 Subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos.1, 2, and 3 and as conditioned herein. Planning GENERAL 2 A menu shall be provided prior to final building and zoning inspections indicating that premises will be operated as a bona fide restaurant. Planning, Police 3 At all times when the premises is open for business, the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. Planning 4 Loitering shall be prohibited on or around the premises. Planning Police 5 Subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. Planning Police 6 The gross sales of alcoholic beverages shall not exceed 40% of gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcohol and other items. These records shall be made available for inspection by any City of Anaheim official during reasonable business hours. Planning 7 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Planning Police 8 There shall be no public telephones on the premises located outside the building. Planning - 7 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 9 The property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. Planning 10 Any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning 11 Gates shall not be installed across any driveway in a manner, which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Public Works – Traffic Engineerin g 12 Plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works – Traffic Engineerin g 13 The business shall provide a complementary valet service to prevent off-site parking. Information pertaining to the valet service shall be provided to potential customers holding private events at this facility. Planning 14 The property owner shall provide a loading zone for the valet parking service. Planning 15 No required parking area shall be fenced or otherwise enclosed for outdoor storage uses. Planning 16 Roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the CG (General Commercial) Zone. Planning 17 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department 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. The walls of the storage areas shall be Planning - 8 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. 18 The project shall provide for truck deliveries on-site. Planning 19 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to 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 on-site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. Police 20 An on-site trash truck turnaround shall be provided per Engineering Standard Detail No. 610. Public Works – Sanitation 21 The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. Planning 22 At all times that dancing is being permitted, security measures 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. The security measures implemented for each event, including the number of security guards for each area of the premises shall be subject to review and approval by the Police Department. Police 23 During private events, no minor under the age of sixteen (16) years shall be allowed to attend the dance area, unless accompanied by a parent or guardian. During public dance hall events (when a cover charge is collected from the general public), minors under the age of eighteen (18) years shall not be allowed on the premises. Police 24 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of Planning - 9 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY the California Business and Profession Code. Police 25 The business shall submit an updated security plan entitled “Security Protocol for Ember Café and Music Club” as stipulated in the applicant’s letter of request. Said plan shall address the wristband system and other measures necessary to ensure that alcohol consumption by underage patrons does not occur on the premises. This plan shall be reviewed and approved by the Police Department prior to any changes to the existing operation. Police 26 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police 27 The number of persons attending the event shall not exceed the maximum 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 from the room. Fire 28 The doors shall remain closed but unlocked at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. Police 29 All employees shall be clothed in such a way as to not expose “specified anatomical areas” as described in Section 7.16.060 of the Anaheim Municipal Code. Police 30 The business shall not employ or permit any persons to 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. Police 31 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. Police 32 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises without issuance of proper permits as required by the Anaheim Municipal Code. Code Enforceme nt 33 The petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police - 10 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 34 The petitioner shall not share any profits, or pay any 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 admission charge, including minimum drink orders, or the sale of drinks. Police 35 The business owner shall require a written agreement for private parties that enforces the rules and regulations pertaining to alcohol consumption for private events. Planning 36 There shall be no outdoor special events. No banners and balloons shall be displayed at 401 and 407 North Anaheim Boulevard unless a Special Event Permit is first obtained. Planning 37 The hours of operation shall be limited to 7 a.m. to 12 a.m. Sunday through Wednesday and 7 Planning a.m. to 2 a.m. Thursday through Saturday. 38 Police The business is responsible for maintaining free of litter the area adjacent to the premises over which they have control. 39 Police Trash shall not be emptied into outside trash containers between the hours of 10 p.m. to 7 a.m. daily. 40 Planning The any permitted event or activity shall not create sound levels, which violate any ordinance of the City of Anaheim as described in Section 4.16.100.010 of the Anaheim Municipal Code. Police 41 Police There shall be no amplified music permitted outside of the building, including the outdoor patio and balcony areas. 42 Police All doors for outdoor patio and balcony areas shall remain closed and unlocked during business hours. Said doors shall be equipped with a self-closing device. 43 Police The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. 44 Police There shall be no requirement to purchase a minimum number of drinks. 45 Police Alcoholic beverages shall not be included in the price of admission. - 11 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 46 Police No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. 47 Planning The business operator shall provide contact information or 24-hour access line to the Planning Services Division and Police Department. Police 48 The management shall e-mail a monthly calendar of entertainment/entertainers to the Police Department, Vice Detail, to the attention of mmirwin@anaheim.net Police . 49 Planning Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. 50 Fire The use of all pyrotechnical material, special effects and fireworks shall be permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. April 1, 2010 (REVISED) Steve Elkins, owner of Ember Cafe and Music Club (the club) is requesting to modify his existing conditional use permit (CUP) to meet the needs of his customers and realities of the local market. The club was approved by the Planning Commission on February 23, 2005 as a community religious and assembly facility, banquet hall and public dance hall with on-premises sale and consumption of alcoholic beverages. On January 23, 2008, the Planning Commission approved a modification to the permit allowing a cover charge for patrons and expanded the hours from 7 a.m. to 2 a.m. daily. The original time limit was also deleted. Although not required as part of the original permit, additional parking spaces were added to the west of and contiguous to the club. The investment in these spaces improved the operation of the club by having more customer parking on the west side of Anaheim Boulevard. Mr. Elkins opened the club during the recent economic downturn and has invested millions to build the club and related improvements. The club has had some success with corporate events and other private functions but the restaurant has been slow during the economic downturn. As part of the modifications approved in January 2008, a full menu was added featuring breakfast, lunch and dinner items. Although the club has a full kitchen and menu, the food service portion of the operation has not materialized and management continues to search for ways to improve business and drive more customers into the club. One component of the club that has seen some success is the dancing and entertainment. The club has programmed a mix of DJ and live musical acts that has been reasonably successful and therefore, has helped him meet some of his operating expenses and carrying costs. Mr. Elkins has been and continues to be a caring and respected member of the Anaheim Colony business community and is sensitive to operating within the confines of his conditional use permit. He has prepared a detailed security plan that has been so effective, it has been used as a model for other establishments. His vision for the area is larger than the club. Together with Bill Taormina, he views the club as one component of a larger land use plan for North Anaheim Boulevard called Uptown Anaheim. Uptown Anaheim is envisioned to be a vibrant neighborhood with a mix of uses similar to the SOCO (South of Commonwealth) district in downtown Fullerton. The first step in this plan, a master land use concept plan, is nearing completion and will soon be presented to city leaders and staff. This brief summary of the larger vision for North Anaheim Boulevard is intended to demonstrate both his and Mr. Taormina's commitment to the area. They are not short term tenants -- they are VESTED for the long term in the health and prosperity of Anaheim. The modifications he is requesting would allow him to operate the establishment more efficiently, meet customer demands and cover his expenses. ATTACHMENT NO. 4 The public assembly and banquet hall aspects of the business would continue but would be scheduled such that they would not conflict with other club activities. The club would operate essentially as it does now but with selected conditions contained in Resolution No. PC 2008-5 deleted as follows: COA Conditions of Approval Responsible for Monitoring COA10 The second story shall be maintained as a restaurant during business hours. Code Enforcement COA13 That the gross sales of alcoholic beverages shall not exceed 40% of gross sales of all retail sales during any three (3) month period. Planning COA32 That no minor under the age of twenty-one (21) shall be allowed to attend the dance area when the premises is open to the public. Police COA43 That no alcohol shall be allowed in the patio area. Signs shall be posted at doors stating "No alcohol beyond this point" Police In addition to the modifications identified above, an approximate 850 square foot patio is proposed on the north elevation of the first floor near the main entrance. The patio would be accessed through the inside of the club and enclosed by an 8 foot high wall to attenuate any potential noise from the outdoor activity. The last component of the request is to remove condition no. 32 that restricts patrons under 21 years of age from being within the establishment. Mr. Elkins believes there is a demand for this segment of the population that desires a clean and safe venue to gather with friends, listen to music and dance. Other establishments in Orange County accommodate this demographic and we believe that we can safely accommodate this segment of the population. The security plan for the club would be supplemented to ensure the safety and integrity of the operation. This would include the use of a wrist band/stamp system and extra security personnel deployed at strategic locations within the club to deter any unlawful activity. For example, security would be stationed at the entrances to the restrooms and the outdoor patio to ensure that alcoholic beverages are not passed to under age adults. The club will submit a revised security plan incorporating these refinements to the Planning and Police Departments for review. Mr. Elkins appreciates the opportunity to present the proposed modifications to the club and welcomes the opportunity to arrange a tour of the club for those Commissioners and staff that would like to visit the facility. Sincerely, Greg McCafferty America Financial Services Agent for Applicant Security Protocol for Ember Café and Music Club • Any applicant being hired for a position on the Ember security team will be required to consent to a background search. This search will include a social security trace, a check of department of motor vehicles, and a criminal history search. These searches will be conducted by Ember’s Licensed and Bonded security firm. I. Hiring Requirements for Security Personnel • All applicants must have extensive experience in the security service industry, and be able to submit all references. Any discrepancies of information submitted will automatically disqualify a candidate for employment. • All applicants must have current guard card certification, and carry a current, certified guard card. • Security staff will clock in and be on duty at least 30 minutes before, and 45 minutes after business hours. II. Rule and Procedures • Security staff will report for duty in uniform and ready to work. This uniform will consist of a black sport jacket, black button down shirt and black slacks. All uniforms will be clean and presentable for duty. • Upon clocking in security staff will report to their supervisor, or management, and sign in for their nightly assignment. Each guard’s assignment will have specific duties relative to his or her physical position in the venue. Certain assigned areas will be subject to more intense oversight (hallways, stairways, entrances and exits, patios, fire exits, etc.). • Security must remain in full communication through venue issued radios at all times. Radios will be used for official communication only, and will be provided by the venue. During any incidents or emergencies the security team supervisor will provide instructions for all security staff. Staff should remain off radio unless pertinent information is being conveyed. • Security will be monitoring the venue, its parking lots, and the surrounding neighborhood during the entirety of any event. Duties will include; expediting cars into the valet and parking areas, assisting with the guest line and entry of guests, patrolling Sycamore Street, Adele Street, and the surrounding neighborhood, looking for drinkers or suspicious activity, helping valet with traffic control on the property, and assisting cars exiting the valet area on to Anaheim Blvd. • Security will maintain order inside and outside the premises, provide customer assistance, and ensure that all rules and laws are abided by. ALL staff will be responsible for helping security do this. • Security personnel will be responsible for overseeing egress in all areas of venue. All crash doors will unlocked but guarded during business hours. • Security will assist valet staff with surveillance of the parking areas, especially at the close of business. ATTACHMENT NO. 5 • Security leads with extensive experience in identifying fake ID’s will be posted at the entrance and be responsible for verifying the age of All guests by requiring a legal form of identification. ALL patrons must be of legal age and carry a valid form of identification. Identification will be visually checked by the leads and with an ID scanning device. • Specific dress code requirements will be enforced and may be subject to change based on managements judgment. This will help dissuade any rough or uncooperative people from attempting to gain entry. • Security will enforce a no re-entry rule. Exceptions to this rule require that a security guard must be with a guest, observing the guest at all times in order for the guest to be aloud reentry. • Door staff will be responsible for monitoring exact attendance. Attendance will be recorded and communicated to management every quarter hour. • All efforts will be made to ensure that all confrontations are kept to a minimum. Ember’s security policy in confrontational situations is to protect the safety of all guests and staff, to include the involved parties. Security policy regarding confrontations between guests and other guests, or guests and staff is; 1. Engage in respectful dialogue with the involved parties. 2. Escort the involved parties outside for resolution and clarity if necessary. 3. Restrain aggressive or uncooperative violators with as little force as possible. 4. If need be, use reasonable force to protect other guests and staff from aggressive or uncooperative violators and remove them from the premises. 5. ALL STAFF members (non security) are responsible for keeping their eyes open and monitoring guest behavior. ALL STAFF will monitor guests alcohol consumption, and help to maintain safe serving practices at all times. 6. Every effort will be made to identify any potential problems and peacefully defuse them before the become confrontations. . • The security lead and M.O.D will supervise the management of any situation and be responsible for making sure security staff files an incident report. Incident reports will consist of statements from all parities involved, time, location, and all details of the incident. A recording from surveillance cameras will be copied and included in the report. Video and incident report records will be available for law enforcement agencies to assist in any investigations or inquiries. • Security will manage last call and drink pick up enforcement. Fifteen minutes before legal closing time (earlier if need be) music will be turned off, lights will be turned on, and guests will be asked to put down their drinks and move towards the exits. Security will monitor the crowd for intoxicated guests who may need help. • Security will be responsible for directing exiting cars onto Anaheim Blvd. in a safe manor. ALL cars will be directed onto Anaheim Blvd only. • After all guests have left the venue security will walk the surrounding area to make sure all patrons have left the neighborhood clean. Any trash will be cleaned up at this time. • A final inspection of the property and the surrounding block will be done by the owner or M.O.D to insure that no trash has been left behind on streets or private property, and that all guests have left our neighborhood in a safe manor. • All major decisions regarding changes in the security protocol will discussed with ownership and management before implementation by the security company. City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: David See/Planning Department Case No.: DEV 2010-00050/CUP 2004-04952C Ember 401 N. Anaheim Blvd. Date: April 22, 2010 Department: Police Department, Vice Detail/Special Operations Division Contact: Name: S.P.S.R. Michele Irwin Phone: 714-765-1461 Email: mmirwin@anaheim.net Attachment: Calls for Service I neglected to include the calls for service to this location. The Police Department has responded 54 times in the last year to this location. The calls consisted of: 13 assault, 6 fight, 5 drunk in public, 11 disturbance, 4 burglary alarm, 2 stolen vehicle, 2 burglary from vehicle, 4 petty theft, 1 grand theft, 1 missing adult, 1 forgery, 1 defrauding the business, 1 domestic violence, 1 vandalism, and 1 unknown trouble need ambulance. This location does fall within a high crime rate area and is 208% above average in a ¼ mile crime radius. It is within Census Tract Number 873.00 which has a population of 10,041. This population allows for 6 off sale Alcoholic Beverage Control licenses and there are presently 6 licenses in the tract. It also allows for 11 on sale licenses and there are presently 5 licenses in the tract. Sorry for missing this in my initial report. Please make sure that the Planning Commissioners and applicant receive a copy in their packets. ATTACHMENT NO. 6 ATTACHMENT NO. 6 ATTACHMENT NO. 7 ATTACHMENT NO. 8 200 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. S P 9 4 -1 D A 1 D E V 2 0 1 0 -0 0 0 3 7 A U T O S A L V A G E Y A R D S P 9 4 -1 D A 1 O F F I C E S S P 9 4 -1 D A 1 O F F I C E S D A 1 B U S I N E S S P A R K S P 9 4 -1 D A 1 B U S I N E S S P A R K S P 9 4 -1 D A 1 S O U T H E R N C A L I F O R N I A G A S C O M P A N Y S P 9 4 -1 D A 1 O F F I C E S S P 9 4 -1 D A 1 I N D U S T R I A L S P 9 4 -1 D A 1 V A C A N T S P 9 4 -1 D A 1 S F R D A 1 B U S I N E S S P A R K S P 9 4 -1 D A 1 I N D U S T R I A L S P 9 4 -1 D A 1 O F F I C E S S P 9 4 -1 D A 1 I N D U S T R I A L S P 9 4 -1 D A 1 I N D U S T R I A L S P 9 4 -1 D A 1 I N D U S T R I A L S P 9 4 -1 D A 1 O F F I C E S S P 9 4 -1 D A 1 O F F I C E S S P 9 4 -1 D A 1 B U S I N E S S P A R K S P 9 4 -1 D A 1 I N D U S T R I A L DA1BUSINESS PARKDA1BUSINESS PARKS P 9 4 -1 D A 1 O F F I C E S S P 9 4 -1 D A 1 T I M E W A R N E R C A B L E O F F I C E S S P 9 4 -1 D A 1 I N D U S T R I A L S P 9 4 -1 D A 1 R E T A I LSP 94-1DA1BUSINESS PARKS P 9 4 -1 D A 1 B U S I N E S S P A R K SP 94-1DA1BUSINESS PARKS P 9 4 -1 D A 1 R E T A I L S P 9 4 -1 D A 1 I N D U S T R I A L S P 9 4 -1 D A 1 O F F I C E S || 2 4 ' 6 9 4 '!!2 0 'E M I R A L O M A A V EN RED GUM STE L A J O L L A S T N MCCAN STN HUNDLEY STN LA LOMA CIRE C E E N A C T 57 91 E . L A P A L M A A V E E . M I R A L O M A A V E E . O R A N G E T H O R P E A V E N. KRAEMER BLVDN. MILLER STN. BLUE GUM STE. CROWTHER AVE 109503001 East Miraloma Avenue DEV2010-00037 Subject Property APN: 344-221-11 ATTACHMENT NO. 1 All Properties are in the Alpha (Northeast Area) Redevelopment Area°0 50 100 Feet Aerial Photo: April 2009 E M I R A L O M A A V E N RED GUM STE L A J O L L A S T N MCCAN STN HUNDLEY STN LA LOMA CIRE C E E N A C T 57 91 E . L A P A L M A A V E E . M I R A L O M A A V E E . O R A N G E T H O R P E A V E N. KRAEMER BLVDN. MILLER STN. BLUE GUM STE. CROWTHER AVE 109503001 East Miraloma Avenue DEV2010-00037 Subject Property APN: 344-221-11 ATTACHMENT NO. 1 All Properties are in the Alpha (Northeast Area) Redevelopment Area°0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 3 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05489 AND VARIANCE NO. 2010-04811 (DEV2010-00037) (3001 EAST MIRALOMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive verified Petitions for a Conditional Use Permit and Variance to permit a temporary modular building and outdoor storage of industrial and medical gases and to construct a new monument sign in a location not permitted by Code, on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, the property is currently vacant and is located in the SP 94-1, D.A. 1 (Northeast Area Specific Plan; Industrial Area) zone. The 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 May 10 , 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 variance 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 with respect to the request for a conditional use permit, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.050.050.0545 (Outdoor Storage). 2. That the temporary modular building and outdoor storage of industrial and medical gases will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the outdoor storage area is similar to adjacent industrial uses and will not be visible from the public right-of-way. 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 area nor to the health, safety and general welfare of the public because the outdoor storage use and activities would be screened from view from the public right-of-way and sufficient parking will be provided to accommodate employees, customers, and truck storage. - 2 - PC2010-*** 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. 1 (Northeast Area Specific Plan; Industrial Area) zone. WHEREAS, said Commission does further find and determine that the request for a variance of the following Code Sections should be approved for the following reasons: (a) SECTION NO. 18.44.080.090 Permitted location of freestanding monument signs. (50-foot setback required from an abutting property line; 0 feet proposed) 1. The variance pertaining to the permitted location of monument signs is hereby approved because there are unique circumstances applicable to this property that warrant the sign location because the property is flag-shaped with a 20-foot wide driveway fronting on Miraloma Avenue; therefore, the applicant would not be able to effectively advertise the business with freestanding signage along the street frontage and comply with this setback requirement. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 3 (New Construction or Conversion of Small Structures) 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. 2010-05489 and Variance No. 2010-04811, 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 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 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. - 3 - PC2010-*** 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 May 10 , 2010. 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 ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 May 10 , 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 10th day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** - 5 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05489 VARIANCE NO. 2010-04811 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department 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. Public Works 2 On-going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Code Enf. 3 The owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2004-04884 (to permit the outdoor storage of automobiles) to the Planning Services Division. Planning 4 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works Traffic 5 Fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Public Works Traffic PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 6 If the facility is subject to the CalARP program, then a Risk Management Plan shall be prepared and submitted to the Fire Department. Fire GENERAL CONDITIONS 7 Parking lots, driveway, circulation areas, aisles, passageways, recesses and ground contiguous to buildings, shall be provided with enough lighting 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. Police 8 Within 30 days after bringing hazardous materials of quantities equal to or greater than 55 gallons, 500 pounds, or 200 cubic feet onto the facility, a Hazardous Materials Business Plan shall be prepared and submitted to the Fire Department. Fire - 6 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 9 The property shall be permanently maintained in an 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. Code Enf. 10 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), and as conditioned herein. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 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. 5 S ANAHEIM BLVDS EAST STS HARBOR BLVDE BALL RDW BALL RD S LEWIS STW KATELLA AVE E KATELLA AVE E CERRITOS AVE W B R O A D W A Y W L I N C O L N A V E S DISNEYLAND DRE B R O A D W A Y S MANCHES T E R AVES CLEMENTINE STS DISNEYLAND DRS D ISN EYLAN D D RS MA NC HE S T E R AVES OLIVE STE S O U T H S T E V E R M O N T A V ES CITRON STE S A N T A A N A S T W W A T E R S T W S O U T H S T W S A N T A A N A S T S ALLEC STS OHIO STS WEST STS PALM STS MELROSE STS INDIANA STW V E R M O N T A V E S KROEGER STW E L M S T S ILLINOIS STS RESH STS BOND STE T URIN A V ES JANSS STS LEMON STS ELDER STE CLIFPARK W AY W WINSTON RDS DICKEL STW GUINIDA LN S LIME STS CLAUDINA STS VERNON STS DAKOTA STS GROVE AVES WAYSIDE STS VERDE STE WINSTON RD W B E A C O N A V E S CLAUDINA WAYS ROSE STS HELENA STE BAS S ET T WAY W L O C U S T A V E S CAMBRIDGE STW MAGIC WAY S DORCHESTER STS BARNETT STS EMILY STS ZEYN STE HOWELL AVES AVOCADO STS DAWN STW BERRY AVE E C L I F T O N A V ES PEPPER STS DOVER STS HAVEN DRS CLEMENTINE STS FLORE STS BOXWOOD STW I R V I N G P L E L A C Y A V E W B E L L E V U E D R S MCCLOUD STW P R O V E N T I A L D R S AUBURN WAYE O P A L A V EE D I A N A A V E S CAMPTON AVEW C H E S T N U T S T E T O P A Z A V E E V E R D E P L S CAPLAN STS SHERMAN STS DOVER CIRS LIVE OAK DRS DAVID STS WAYSIDE STS PEPPER STS MELROSE STS ILLINOIS STS BARNETT ST5 57 E. KATELLA AVES. LEWIS STE. CERRITOS AVE E. ORANGEWOOD AVES. ANAHEIM BLVDS. SUNKIST STS. HASTER STS. DOUGLASS RDE. GENE AUTRY WAYS. CLEMENTINE ST10955South Anaheim Boulevard Corridor Overlay Zone DEV2010-00069 Subject Property APN: Multiple Parcels ATTACHMENT NO. 1 °0 400 800 Feet Aerial Photo: April 2009 S ANAHEIM BLVDS EAST STS HARBOR BLVDE BALL RDW BALL RD S LEWIS STW KATELLA AVE E KATELLA AVE E CERRITOS AVE W B R O A D W A Y W L I N C O L N A V E S DISNEYLAND DRE B R O A D W A Y S MANCHES T E R AVES CLEMENTINE STW DISNEY WAYS DISNEYLAND DRS D ISN EYLAN D D RS MA NC HE S T E R AVES OLIVE STE S O U T H S T E V E R M O N T A V ES CITRON STE S A N T A A N A S T W W A T E R S T W S O U T H S T W S A N T A A N A S T S ALLEC STS OHIO STS WEST STS PALM STS MELROSE STS INDIANA STW V E R M O N T A V E S KROEGER STW E L M S T S ILLINOIS STS RESH STS BOND STE T URIN A V ES JANSS STS LEMON STS ELDER STE CLIFPARK W AY W WINSTON RDS DICKEL STW GUINIDA LN S LIME STS CLAUDINA STS VERNON STS DAKOTA STS GROVE AVES WAYSIDE STS VERDE STE WINSTON RD W B E A C O N A V E S CLAUDINA WAYS ROSE STS HELENA STE BAS S ET T WAY W L O C U S T A V E S CAMBRIDGE STW MAGIC WAY S DORCHESTER STS BARNETT STS EMILY STS ZEYN STE HOWELL AVES AVOCADO STS DAWN STW BERRY AVE E C L I F T O N A V ES PEPPER STS DOVER STS HAVEN DRS CLEMENTINE STS FLORE STS BOXWOOD STW I R V I N G P L E L A C Y A V E W B E L L E V U E D R S MCCLOUD STW P R O V E N T I A L D R S AUBURN WAYE O P A L A V EE D I A N A A V E S CAMPTON AVEW C H E S T N U T S T E T O P A Z A V E E V E R D E P L S CAPLAN STS SHERMAN STS DOVER CIRS LIVE OAK DRS DAVID STS WAYSIDE STS PEPPER STS MELROSE STS ILLINOIS STS BARNETT ST5 57 E. KATELLA AVES. LEWIS STE. CERRITOS AVE E. ORANGEWOOD AVES. ANAHEIM BLVDS. SUNKIST STS. HASTER STS. DOUGLASS RDE. GENE AUTRY WAYS. CLEMENTINE STE. HOWELL AVE 10955South Anaheim Boulevard Corridor Overlay Zone DEV2010-00069 Subject Property APN: Multiple Parcels ATTACHMENT NO. 1 °0 400 800 Feet Aerial Photo: April 2009 5 ATTACHMENT NO. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION 18.24.030 OF CHAPTER 18.24 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE (ZONING CODE AMENDMENT NO. 2010-00090; DEV2010-00069). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 . That subsection .020 of Section 18.24.030 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Exceptions. With the exception of the requirements specified below, the regulations of this chapter shall not apply to parcels being developed entirely in compliance with the development standards of the underlying zone, and where an ordinance has not been adopted to reclassify property into the (SABC) Overlay Zone, provided that: .0201 All requirements of the underlying zone are being met by the project, except as otherwise specifically approved in conjunction with a conditional use permit, variance or administrative adjustment permitted pursuant to Chapter 18.66 (Conditional Use Permits), Chapter 18.74 (Variances), and Chapter 18.62 (Administrative Reviews). .0202 Off-premise sale of alcohol is prohibited in the (SABC) Overlay Zone except: (i) as an accessory use to a hotel, or (ii) markets or grocery stores having an interior building floor area of greater than thirty thousand (30,000) square feet, or (iii) in conjunction with a brewery or winery. .0203 Except as provided in subsection 18.40.060.080 (Automatic Exemptions) of Chapter 18.40 (General Development Standards), where a building permit is sought for any development project in the (SABC) Overlay Zone, landscaping shown on the South Anaheim Boulevard Master Plan of Landscaping (the "Master Plan"), as approved by the Anaheim Redevelopment Agency on August 29, 2000, shall be planted in the size and at the spacing described in the Master Plan. Landscaping plans shall be submitted to the Planning Director and the Executive Director of Community Development, for a determination that the proposed plan is consistent with the Master Plan. The Planning Commission may grant variances from the requirements of the Master Plan pursuant to the provisions of Chapter 18.74 (Variances). .0204 Any signs or billboards installed or erected shall comply with the provisions of Section 18.24.120 (Sign Standards), except that the following shall be applicable to business signs permitted within commercial or industrial zones: ATTACHMENT NO. 3 2 .01 Properties located south of Ball Road. Freestanding signs up to twenty-five (25) feet in height, in conformance with Section18.44.080 (Freestanding and Monument Signs – General) of Chapter 18.44 (Signs), shall be permitted, subject to the approval of a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .02 Properties located north of Ball Road. Signage shall be limited to freestanding or monument type signs in conformance with Section18.44.100 (Freeway-Oriented On-Site Signs) of Chapter 18.44 (Signs). .0205 All applications submitted for projects that lie within both the (SABC) Overlay Zone area and the boundaries of the Commercial/Industrial Redevelopment Project Area shall be forwarded to the Community Development Department for review. The Executive Director of Community Development shall review each application, meet and consult with the applicant with respect to the neighborhood compatibility and design features of the proposed project, and propose changes where necessary to promote high quality urban design. The Executive Director of Community Development shall propose, the Planning Commission shall review, and the Redevelopment Agency shall adopt design guidelines to assist in the review of applications. .0206 Properties located east of the Santa Ana Freeway (I-5) and south of the Southern California Edison transmission line right-of-way shall comply with the standards set forth in Section 18.40.050 (Special Area Setbacks) of Chapter 18.40 (General Development Standards). .0207 Properties within the Anaheim Colony, which is defined as the area bounded by North Street, East Street, South Street and West Street, shall be subject to The Anaheim Colony Vision, Principles and Design Guidelines. SECTION 2 . SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3 . 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. 3 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2010, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2010, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 76941.v1/MGordon 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.