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PC 2010/06/21H:\TOOLS\PC Admin\PC Agendas\(062110).doc City of Anaheim Planning Commission Agenda Monday, June 21, 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, June 17, 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 06/21/10 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 May 24, 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 CONDITONAL USE PERMIT NO. 2010-05491 VARIANCE NO. 2010-04814 (DEV2010-00040) Owner: David Arnold and Grace Arnold Trust 14 Beacon Bay Newport Beach, CA 92660 Applicant: M. Mahpar and Associates Mohammad Mahpar 702 W est Lincoln Avenue Anaheim, CA 92805 Location: 451 West Lincoln Avenue The applicant proposes to establish a cosmetology college (Real Barber College) with fewer parking spaces than required by code. Environmental Determination: CEQA Categorical Exemption, Class1 (Existing Facilities). Resolution No. ______ Resolution No. ______ Project Planner: Della Herrick dherrick@anaheim.net 06/21/10 Page 3 of 7 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2010-05504 (DEV2010-00095) CONDITIONAL USE PERMIT NO. 2010-05505 (DEV2010-00078) CONDITIONAL USE PERMIT NO. 2010-05506 (DEV2010-00079) VARIANCE NO. 2010-04816 (DEV2010-00079) Owner/ City of Anaheim Applicant: Redevelopment Agency Location: 336–406 South Anaheim Boulevard and 415 South Claudina Street Conditional Use Permit No. 2010-05504 – to establish a brewery to include the sale of alcoholic beverages for on and off premises consumption in an existing commercial building; Conditional Use Permit No. 2010-05505 – to permit the sale and consumption of alcoholic beverages in a future restaurant; Conditional Use Permit No. 2010-05506 – to permit an outdoor marketplace; Variance No. 2010-04816 – to permit a front yard landscaped setback that is less than required by Code in conjunction with an outdoor marketplace. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 32 (Infill Development Projects). Resolution No. ______ Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: David See dsee@anaheim.net 06/21/10 Page 4 of 7 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 3939C (DEV2010-00071) Owner/ Jerry Zomorodian Applicant: ARCO 301 South Anaheim Blvd. Anaheim, CA 92805 Location: 301 South Anaheim Boulevard The applicant requests to delete a condition of approval pertaining to the sales of single-serving containers of beer within an existing service station 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 No. _____ Project Planner: Della Herrick dherrick@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2010-05510 (DEV2010-00093) Owner: Jack Jakosky Canyon Plaza LLC c/o Jakosky Properties 503 32nd Street, Suite 200 Newport Beach, CA 92663 Applicant: Brad Jefferies Rubio’s Restaurants Inc. 1902 Wright Place, Suite 300 Carlsbad, CA 92008 Location: 5781 East Santa Ana Canyon Road The applicant proposes to sell beer and wine within an existing restaurant (Rubio’s Restaurant). 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: Judy Dadant jdadant@anaheim.net 06/21/10 Page 5 of 7 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 3399A (DEV2010-00068) Owner: Craig C. Langslet Redondo Investment Co. P.O. Box 14478 Long Beach, CA 90853 Applicant: Scott Slater Slater’s 50/50 6362 East Santa Ana Canyon Road Anaheim, CA 92807 Location: 6362 East Santa Ana Canyon Road The applicant proposes to amend a previously-approved conditional use permit to expand an existing restaurant and upgrade its existing Alcoholic Beverage Control (ABC) license to allow the sales of distilled spirits in addition to beer and wine (Slater's 50/50 Restaurant). 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 Adjourn to Wednesday, July 7, 2010 at 3:30 p.m. 06/21/10 Page 6 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. June 16, 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. 06/21/10 Page 7 of 7 S C H E D U L E 2010 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 O -L D E V 2 0 1 0 -0 0 0 4 0 O F F I C E S C -G (D M U ) H A R B O R L O F T S C -G R E T A I L C -G R E T A I L C -G O F F I C E S R S -3 S F R C -G (D M U ) A N A H E I M I C E R S -3 T R I P L E X R S -3 S F R R S -3 F O U R P L E X C -G M E D I C A L O F F I C E R S -3 T R I P L E X R S -3 D U P L E X R S -3 S F R R S -3 S F R R M -4 S T . C A T H E R I N E 'S M I L I T A R Y A C A D E M Y R S -3 T R I P L E X R S -2 T R I P L E X C -G R E T A I L R S -2 L I B R A R Y R S -3 R E L I G I O U S U S E C -G B A N K R S -3 S F R O -L (D M U ) P A R K I N G S T R U C T U R E R S -3 S F R R S -3 S F R O -L O F F I C E S T S T . C A T H E R I N E 'S M I L I T A R Y A C A D E M Y C -G S T . C A T H E R I N E 'S M I L I T A R Y A C A D E M Y C -G R E T A I L C -G R E T A I LC-G R E T A I L R S -3 S F R ||2 6 5 '||390'|| 2 7 6 .2 4 'Alpha (Downtown Area)Redevelopment AreaAlpha (Downtown Area)Redevelopment AreaW L I N C O L N A V E N HARBOR BLVDS HARBOR BLVDW C Y P R E S S S T W C H A R T R E S S T S CLEMENTINE STN HELENA STN PINE STW C H E S T N U T S T N CLEMENTINE STN JANSS ST5 W . LINCO L N A V E S. EAST STE . B R O A D W A Y E . L I N C O L N AV EN. EAST STW . B R O A D W A YN. ANAHEIM BLVDN. LOARA STN. HARBOR BLVDS. ANAHEIM BLVDW. B ROA D WAY S. ANAHEIM BLVD10964451 West Lincoln Avenue DEV2010-00040 Subject Property APN: 255-064-17 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 W L I N C O L N A V EN HARBOR BLVDS HARBOR BLVDW C Y P R E S S S T W C H A R T R E S S T S CLEMENTINE STN HELENA STN PINE STW C H E S T N U T S T N CLEMENTINE STN JANSS STW C E N T E R S T R E E T P R O M E N A D E 5 W . LINCO L N A V E S. EAST STE . B R O A D W A Y E . L I N C O L N AV EN. EAST STW . B R O A D W A YN. ANAHEIM BLVDN. LOARA STN. HARBOR BLVDS. ANAHEIM BLVDW. B ROA D WAY S. ANAHEIM BLVD10964451 West Lincoln Avenue DEV2010-00040 Subject Property APN: 255-064-17 ATTACHMENT NO. 1 °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 APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2010-05491 AND VARIANCE NO. 2010-04814 (DEV2010-00040) (451 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05491, to permit a cosmetology college (Real Barber College) pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; WHEREAS, this property is currently developed with three office buildings, located in the Office Low (O-L) Zone and the Anaheim General Plan designates this property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 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 “Procedures”, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The proposed cosmetology college use is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.0402. 2. The proposed cosmetology college 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 school will be compatible with other office uses within the complex; 3. The size and shape of the site proposed for the cosmetology college is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4. The traffic generated by the proposed cosmetology college use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That parking for the cosmetology college is determined to be adequate as the applicant has indicated that most students do not drive to the facility they use public transportation. - 2 - PC2010-*** 6. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the 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 variance, does find and determine the following facts: 1. The applicant requests a variance from the following Code Section to provide less parking than required by Code: (a) SECTION NO. 18.42.040.010 Minimum number of parking spaces (Table 42-A) (152 spaces required; 141 spaces proposed) 2. The above-mentioned variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of the use. The parking justification letter submitted by the applicant indicates that most of the students do not own cars so they are dropped off or take public transportation to the site. The letter also indicates that most of the people who visit the other on-site uses and customers visiting the school do not drive a vehicle to the site. 3. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity because the proposed parking would be adequate to accommodate the project’s peak parking demands. 4. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site and will not encroach into other surrounding properties. 5. The variance will not increase traffic congestion within the off-street parking areas provided for the proposed use as indicated in the parking justification letter because the supply of parking spaces is adequate for the proposed uses and there is adequate egress and ingress to the site. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approves Conditional Use Permit No. 2010-05491 to permit a cosmetology college on property located at 451 West Lincoln Avenue and Variance No. 2010-04814 to permit fewer parking spaces than required by code. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be - 3 - PC2010-*** processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that 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 June 21, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM 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 June 21, 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 21st day of June, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05491 AND VARIANCE NO. 2010-04814 (DEV2010-00040) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 On-going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses Code Enforcement 2 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 Exhibit No. 2 (Floor 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. I (S A B C ) D E V 2 0 1 0 -0 0 0 7 9 V A C A N T R M -4 (S A B C ) A P T S 9 D U I R E S T A U R A N T S C -G S E R V I C E S T A T I O N C -G (D M U ) M U S E U M R M -4 (S A B C ) A P T S C -G (D M U ) M I X E D U S E I (S A B C ) A U T O R E P A I R / S E R V I C E R M -4 (S A B C ) A P T S 1 9 D U R M -4 (S A B C ) 7 D U I (S A B C ) A U T O R E P A I R C -G R E L I G I O U S U S E INDUSTRIAL O -L T E M P. L I B R A R Y R M -4 (S A B C ) D U P L E X C -G H E R I T A G E F O R U M I (S A B C ) S E L F S T O R A G E F A C I L I T Y R M -4 A P T S 1 4 D U R M -4 (S A B C ) A P T S 1 2 D U I (S A B C ) S U B S T A T I O N I (S A B C ) I N D U S T R I A LRS-2OFFICESR M -4 (S A B C ) A P T S 9 D UC-G (S A B C ) S F R R M -4 (S A B C ) F O U R P L E X I (M U ) A P A R T M E N T S LITTLE PEOPLE'S PARK R M -4 (S A B C ) A P T S 1 2 D U R S -2 S F R R M -4 (S A B C ) A P T S 2 2 D U R S -2 A P T S 7 D URS-2 S F R RS-2OFFICESI (S A B C ) D E V 2 0 1 0 -0 0 0 7 9 V A C A N T I (S A B C ) D E V 2 0 1 0 -0 0 0 7 8 D E V 2 0 1 0 -0 0 0 9 5 A U T O R E P A I R I (S A B C ) I N D U S T R I A L I (S A B C ) V A C A N T I (S A B C ) V A C A N TI (S A B C ) V A C A N T I (S A B C ) I N D U S T R I A L I (S A B C ) I N D U S T R I A L C -G C A R W A S H R M -4 (S A B C ) A P A R T M E N T S 1 6 D U R M -4 (S A B C ) D U P L E X C -G M O R T U A R Y I C O N D O S I (S A B C ) I N D U S T R I A L I (S A B C ) I N D U S T R I A L I V A C A N TCommercial/Industri al (South Anaheim Bl vd Area)C o m m e r c i a l /I n d u s t r i a l (S o u t h A n a h e i m B l v d A r e a )S ANAHEIM BLVDE B R O A D W A Y W B R O A D W A Y S CLAUDINA STW E L M S T S LEMON STS PHILADELPHIA STE S A N T A A N A S T W S A N T A A N A S T S 42ND ST5 S. EAST STE . B R O A D W A Y E . L I N C O L N A V E W . L I N C O L N A V E W . B R O A D W A Y S. WALNUT STS. HARBOR BLVDN. ANAHEIM BLVDN. HARBOR BLVDS. ANAHEIM BLVD10970 336 South Anaheim Boulevard (DEV2010-00095) 338 South Anaheim Boulevard (DEV2010-00078) 406 South Anaheim Boulevard and 415 South Claudina Street (DEV2010-00079) Subject Property APNs: 037-023-09 037-023-11 037-023-12 037-023-13 037-023-14 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 DEV2010-00078 DEV2010-00079 DEV2010-00095 S ANAHEIM BLVDE B R O A D W A Y W B R O A D W A Y S CLAUDINA STW E L M S T S LEMON STS PHILADELPHIA STE S A N T A A N A S T W S A N T A A N A S T S 42ND ST5 S. EAST STE . B R O A D W A Y E . L I N C O L N A V E W . L I N C O L N A V E W . B R O A D W A Y S. WALNUT STS. HARBOR BLVDN. ANAHEIM BLVDN. HARBOR BLVDS. ANAHEIM BLVD10970 336 South Anaheim Boulevard (DEV2010-00095) 338 South Anaheim Boulevard (DEV2010-00078) 406 South Anaheim Boulevard and 415 South Claudina Street (DEV2010-00079) Subject Property APNs: 037-023-09 037-023-11 037-023-12 037-023-13 037-023-14 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 DEV2010-00078 DEV2010-00079 DEV2010-00095 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05504 (DEV2010-00095) (336-338 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05504 to permit a brewery and tasting room with retail sales and on-premises consumption of alcoholic beverages, 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; and WHEREAS, the brewery would occupy an approximately 4,978 square foot tenant space within the existing 7,825 square foot commercial “Packard” building located in the I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay, Neighborhood Commercial District) zone and the Anaheim General Plan designates the property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 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 Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The request to permit a brewery and tasting room with retail sales and on- premises consumption of alcoholic beverages is properly one for which a conditional use permit is authorized under Code Section Nos. 18.08.030.010 (Alcoholic Beverages – On-sale) and 18.66.040.030 (Unlisted Uses) of the Anaheim Municipal Code. 2. The proposed brewery and tasting room 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 it will be located within an existing commercial building along a major arterial highway within the Downtown area. 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 of the citizens of Anaheim because the proposed brewery and tasting room will be located within an existing commercial building and the parking supply will be adequate to accommodate the development. - 2 - PC2010-*** 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 traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area because the proposed use will be located within an existing commercial building and the proposed brewery and tasting room uses are not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15332, Class 32 (Infill Development Projects) 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. 2010-05504 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. Timing for compliance 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 Conditional Use Permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that 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. - 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 21, 2010. 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 June 21, 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 21st day of June 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** - 5 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05504 (DEV2010-00095) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 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 Nos. 1 (Site Plan), 2 (Floor Plan), and 3 (Elevations), and as conditioned herein. Planning 2 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 and the Greater Downtown of Anaheim Guide for Development pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Traffic 3 A plan shall be submitted showing a designated loading space area for truck deliveries in conformance with Code Section 18.42.100. Public Works Traffic 4 A sewer study shall be submitted to determine any sewer capacity impacts resulting from this project and the related required improvements. Public Works Development Services 5 Street Improvement plans for Anaheim Boulevard, Claudina Street, and the public alleys shall be submitted to the Public Works Department. Obtain a Right-of-Way Construction Permit from the Development Services Division. Improvements shall conform to the Greater Downtown Anaheim Guideline and approved by the City Engineer. Prior to the issuance of a building permit, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works Development Services 6 The property owner/developer shall submit to the Public Works /Development Services Division, for review and approval, a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: Public Works Development Services - 6 - PC2010-*** • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. GENERAL CONDITIONS 7 Code Enforcement The business is responsible for maintaining free of litter the area adjacent to the premises over which they have control. 8 Code Enforcement Trash shall not be emptied into outside trash containers between the hours of 10 p.m. to 7 a.m. daily. 9 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. Police 10 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 11 There shall be no admission fee, cover charge, nor minimum purchase required. Police 12 Managers, owners, bar tenders, and waitresses need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714-558-4101. Police 13 Police 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. 14 No person under 21 years of age shall sell or be permitted to sell beer. Police 15 The activities occurring in connection with the operation of this establishment shall not cause noise disturbance to surrounding properties. Code Enforcement - 7 - PC2010-*** 16 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Code Enforcement 17 Police 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. 18 Roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay, Neighborhood Commercial District) zone. Planning 19 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 (2) business days from the time of discovery. Code Enforcement 20 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. Public Works Sanitation PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 21 The property owner/developer shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner/developer is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works Development Services 22 A Lot Line Adjustment for Lots 1 and 2 shall be submitted to the City of Anaheim Department of Public Works and then shall be recorded in the Office of the Orange County Recorder. Public Works Development Services 23 All sewer improvements identified in the sewer study shall be completed. Public Works Development Services [DRAFT] ATTACHMENT NO. 3 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05505 (DEV2010-00078) (336-338 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05505 to permit a restaurant with sales and on- premises consumption of alcoholic beverages, 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; and WHEREAS, the restaurant would occupy an approximately 2,099 square foot tenant space within the existing 7,825 square foot commercial “Packard” building located in the I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay, Neighborhood Commercial District) zone and the Anaheim General Plan designates the property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 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 Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The request to permit a restaurant with sales and on-premises consumption of alcoholic beverages is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.010 (Alcoholic Beverages – On-sale) of the Anaheim Municipal Code. 2. The proposed restaurant 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 it will be located within an existing commercial building along a major arterial highway within the Downtown area. 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 of the citizens of Anaheim because the proposed restaurant will be located within an existing commercial building and the parking supply will be adequate to accommodate the use. - 2 - PC2010-*** 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 traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area because the proposed use will be located within an existing commercial building and the proposed restaurant is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15332, Class 32 (Infill Development Projects) 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. 2010-05505 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. Timing for compliance 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 Conditional Use Permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that 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. - 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 21, 2010. 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 June 21, 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 21st day of June 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** - 5 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05505 (DEV2010-00078) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 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 Nos. 1 (Site Plan), 2 (Floor Plan), and 3 (Elevations), and as conditioned herein. Planning 2 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 and the Greater Downtown of Anaheim Guide for Development pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Traffic 3 A plan shall be submitted showing a designated loading space area for truck deliveries in conformance with Code Section 18.42.100. Public Works Traffic GENERAL CONDITIONS 4 Code Enforcement The business is responsible for maintaining free of litter the area adjacent to the premises over which they have control. 5 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. 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. Police 7 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police - 6 - PC2010-*** 8 Code Enforcement Trash shall not be emptied into outside trash containers between the hours of 10 p.m. to 7 a.m. daily. 9 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. Police 10 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. Police 11 There shall be no admission fee, cover charge, nor minimum alcohol purchase required. Police 12 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 Police 13 There shall be no entertainment, amplified music, or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. Police 14 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 15 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 16 There shall be no admission fee, cover charge, nor minimum purchase required. Police 17 Managers, owners, bar tenders, and waitresses need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714-558-4101. Police - 7 - PC2010-*** 18 Police 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. 19 No person under 21 years of age shall sell or be permitted to sell beer. Police 20 Police There shall be no requirement to purchase a minimum number of drinks. 21 The activities occurring in connection with the operation of this establishment shall not cause noise disturbance to surrounding properties. Code Enforcement 22 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Code Enforcement 23 Police 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. 24 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 (2) business days from the time of discovery. Code Enforcement 25 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. Public Works [DRAFT] ATTACHMENT NO. 4 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 32 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05506 AND VARIANCE NO. 2010-04816 (DEV2010-00079) (406 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05506 and Variance No. 2010-04816 to permit an outdoor marketplace with a front landscaped setback less than required by Code, for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, the property is currently vacant and is located in the I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay, Neighborhood Commercial District) zone and the Anaheim General Plan designates the property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 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 Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The request to permit an outdoor marketplace is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.010 (Retail Sales - Outdoors) of the Anaheim Municipal Code. 2. The proposed outdoor marketplace 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 it will be located adjacent to a major arterial highway within the Downtown area. 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 of the citizens of Anaheim because the proposed marketplace will be located adjacent to a major arterial highway within the Downtown area. A parking demand study was prepared by the City’s independent parking and traffic consultant, Kimley Horn and Associates, Inc, and the study concluded that a maximum demand of 82 spaces would be needed to accommodate all of the combined uses. A total of 83 on-site parking spaces, and 40 off-site spaces in a City-owned parking lot at the northeast corner of Anaheim Boulevard and Broadway, will be provided for the - 2 - PC2010-*** entire development project (brewery, restaurant, and marketplace). Therefore, the proposed parking will be adequate for to accommodate the entire development project. 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 traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area because the proposed use will be located adjacent to a major arterial highway within the Downtown area. WHEREAS, said Commission does further find and determine that the request for a variance of the following Code Section should be approved for the following reasons: (a) SECTION NO. 18.08.060.010 Front landscaped setback. (15-foot setback required adjacent to Anaheim Boulevard; 0 feet proposed) 1. The variance is hereby approved because there are unique circumstances applicable to this property because it contains a historically-significant building with no front setback and is adjacent to other historic buildings in the Downtown area that have no or reduced setbacks, such as the Citrus Packing House and Elm Street commercial building across the street. In addition, there are special circumstances applicable to the property as it has street frontages on three sides, including a public alley on two sides, and will have no vehicular access from Anaheim Boulevard, thereby resulting in a pedestrian orientation from the front a a vehicular orientation from the rear. 2. The variance is hereby approved because a reduced landscape setback would be appropriate for this unique pedestrian-oriented, historically-significant project at the entryway to the Anaheim Colony Historic District based on the principles contained in the Community Design Element of the General Plan and the Anaheim Colony Design Guidelines. More specifically, the principles in the Guidelines encourage commercial streets that are scaled to the pedestrian, public spaces, gathering places, focal points, public art, and landmarks located near pedestrian streets within the downtown core. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15332, Class 32 (Infill Development Projects) 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. 2010-05506 and Variance No. 2010-04816 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 - 3 - PC2010-*** 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 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 Conditional Use Permit and Variance are approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 21, 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 June 21, 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 21st day of June 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05506 VARIANCE NO. 2010-04816 (DEV2010-00079) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 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 Nos. 1 (Site Plan) and 2 (Marketplace Rendering), and as conditioned herein. Planning 2 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 and the Greater Downtown of Anaheim Guide for Development pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Traffic 3 Street Improvement plans for Anaheim Boulevard, Claudina Street, and the public alleys shall be submitted to the Public Works Department. Obtain a Right-of-Way Construction Permit from the Development Services Division. Improvements shall conform to the Greater Downtown Anaheim Guideline and approved by the City Engineer. Prior to the issuance of a building permit, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works Development Services 4 The property owner/developer shall submit to the Public Works /Development Services Division, for review and approval, a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. Public Works Development Services - 7 - PC2010-*** 5 The property owner shall irrevocably offer to dedicate to the City of Anaheim the easements per street right-of-way section for streets, public utilities and other public purposes for Anaheim Boulevard and the public alleys. Public Works Development Services GENERAL CONDITIONS 6 Code Enforcement The business is responsible for maintaining free of litter the area adjacent to the premises over which they have control. 7 Code Enforcement Trash shall not be emptied into outside trash containers between the hours of 10 p.m. to 7 a.m. daily. 8 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. Police 9 There shall be no entertainment, amplified music, or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. Police 10 Police 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. 11 The activities occurring in connection with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police Code Enforcement 12 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Code Enforcement 13 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 (2) business days from the time of discovery. Code Enforcement 14 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits Public Works Sanitation - 8 - PC2010-*** PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 15 The property owner/developer shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner/developer is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works Development Services 16 Improvements for Anaheim Boulevard, Claudina Street, and the public alleys shall be completed per the Public Works Department street right of way requirements. Obtain a Right-of-Way Construction Permit from the Development Services Division. Public Works Development Services ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 ATTACHMENT NO. 8 DEV2010-00078, 79, AND 95 BREWERY AND FARMER’S MARKET SITE PHOTOS Packard Building frontage Packard Building frontage Packard Building - south side Parking lot south of Packard Building Packing House Vacant lot north of Packing House Vacant building across Anaheim Blvd. ATTACHMENT NO. 9 200 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. C -G D E V 2 0 1 0 -0 0 0 7 1 S E R V I C E S T A T I O N C -G (D M U ) P A R K I N G S T R U C T U R E C -G (D M U ) A N A H E I M W E S T T O W E R I (S A B C ) I N D U S T R I A L C -G P A R K I N G I (S A B C ) V A C A N T C -G (S A B C ) A P T S 6 D U C -G (D M U ) M I X E D U S E C -G (S A B C ) S F R R M -4 (S A B C ) A P T S 1 9 D U C -G R E L I G I O U S U S E O -L T E M P. L I B R A R Y R M -4 (S A B C ) P A R K V I E W T E R R A C E A P T S 2 4 D U C -G H E R I T A G E F O R U M C -G C I T Y H A L L R M -4 (S A B C ) A P A R T M E N T S 1 6 D U C -G (S A B C ) A P T S 6 D U C -G (D M U ) R E T A I L C -G (S A B C ) R E T A I L C -G (D M U ) M I X E D U S E 9 5 D U I (S A B C ) V A C A N TC-G (DMU)RESTAURANTC -G M O R T U A R Y L I T T L E P E O P L E 'S P A R K R M -4 (S A B C ) A P T S 2 2 D U I (S A B C ) A U T O R E P A I R I (S A B C ) V A C A N T I (S A B C ) I N D U S T R I A L I (S A B C ) S U B S T A T I O N I (S A B C ) V A C A N T I (S A B C ) A U T O R E P A I R I (S A B C ) V A C A N T I A P A R T M E N T S IRESTAURANTSI (S A B C ) I N D U S T R I A L T (S A B C ) S F R T (S A B C )C-G (SABC)RM-4 (SABC)RS-2FOURPLEXR S -2 O F F I C E S R S -2 A P T S 7 D U C -G (S A B C ) S F R C -G (D M U ) M U Z E O Commerci al /Industri al(South Anahei m Bl vd Area)Commercial/Industrial(South Anaheim Blvd Area)A l p h a (D o w n t o w n A r e a ) R e d e v e l o p m e n t A r e a I (S A B C ) A U T O R E P A I R|| 2 8 8 '||330'S ANAHEIM BLVDE B R O A D W A Y S LEMON STW E L M S T S CLAUDINA STW O A K S T S 4 2 N D S T W S A N T A A N A S T E S A N T A A N A S T W C E N T E R S T R E E T P R O M E N A D E 5 S. EAST STE . B R O A D W A Y E . L I N C O L N A V E W . B R O A D W A Y N. EAST STN. ANAHEIM BLVDS. HARBOR BLVDN. HARBOR BLVDS. ANAHEIM BLVDW . L I N C O L N A V E 10968301 South Anaheim Boulevard DEV2010-00071 Subject Property APN: 037-021-23 037-021-24 037-021-25 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 S ANAHEIM BLVDW B R O A D W A Y E B R O A D W A Y S LEMON STW E L M S T S CLAUDINA STW O A K S T S 4 2 N D S T W S A N T A A N A S T E S A N T A A N A S T W C E N T E R S T R E E T P R O M E N A D E 5 S. EAST STE . B R O A D W A Y E . L I N C O L N A V E W . B R O A D W A Y N. EAST STN. ANAHEIM BLVDS. HARBOR BLVDN. HARBOR BLVDS. ANAHEIM BLVDW . L I N C O L N A V E 10968301 South Anaheim Boulevard DEV2010-00071 Subject Property APN: 037-021-23 037-021-24 037-021-25 ATTACHMENT NO. 1 °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 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3939 (TRACKING NO. CUP3939C) AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2008-94 (DEV2010-00071) (301 SOUTH ANAHEIM BOUELVARD) WHEREAS, on July 15, 1997, the Anaheim City Council, by its Resolution No. 97R-137, did approve Conditional Use Permit No. 3939 to permit a 3,750 square foot service station, including a convenience market with retail sales of beer and wine for off-premises consumption, a drive-through car wash, and two fast food restaurants; and WHEREAS, on September 20, 2004, the Anaheim City Planning Commission, by its Resolution No. PC2004-107, did approve Conditional Use Permit No. 2004-04881 to remodel an existing historical building and to establish a commercial retail center with an accessory auto detailing facility; and WHEREAS, on September 29, 2008, the Anaheim City Planning Commission, by its Resolution No. PC2008-94, did approve Conditional Use Permit No. 2008-05311 to permit a two-story retail and storage addition to an existing service station and full-service car wash with fewer parking spaces than required by code on this parcel and an adjacent parcel to the south developed with a 3 unit commercial building; and WHEREAS, Resolution No.97R-137 , as previously amended, includes the following conditions of approval: “ 14. That no person under twenty one (21) years of age shall buy, or be permitted to sell, any alcoholic beverage. 17. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not be sold in packages containing less than a four (4) pack.” WHEREAS, this property is currently developed with a 3,750 square foot convenience market and is located in the General Commercial (C-G) zone and the Anaheim General Plan designates this property for Residential Corridor land uses; and WHEREAS, the Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 3939, to modify or delete certain conditions of approval pursuant to Code Section No. 18.60.190 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and - 2 - PC2010-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 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 “Procedures”, to hear and consider evidence for and against said amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the 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, does find and determine the following facts: 1. The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2. The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3. The existing permit has been consistently exercised in a manner that is not detrimental to either the particular area or to the health and safety of the citizens of the City of Anaheim and there have not been any code violations relating to the subject property. 4. With regard to the deletion of Condition No 14 that a person under twenty one years of age be permitted to sell beer and wine and Condition No. 17 pertaining to the sales of single-serving beer, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 5. The existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 6. The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property. 7. The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property. 8. The traffic generated by the existing use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property or complaints of parking or traffic impacts. 9. Police Department recommends approval of the request to delete the conditions of approval. Based upon research of crime statistics for the area and calls for service to this location, there is no indication of any identifiable problems associated with the proposed sales of singles. - 3 - PC2010-*** 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, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.3939, as previously amended, to delete Condition No. 14 and to amend Condition No. 17 pertaining to the age restriction relating to the sale of alcoholic beverages and the sale of beer in packages containing less than a six (6) pack. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with City Council Resolution No. PC95-53, as previously amended, to read as shown in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, 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) 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. 97R-137, approving Conditional Use Permit No.3939, as previously amended, 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. - 4 - PC2010-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 21, 2010. 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 June 21, 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 21st day of June, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 3939 (TRACKING NO. CUP3939C) (DEV2010-00071) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 That no propane tanks shall be permitted on site. Planning 2 That the sale of alcoholic beverages in the convenience market shall not exceed thirty-five percent (35%) of the gross sales of all retail sales during any three month period. The business owner shall maintain records on a quarterly basis showing the separate amounts of sales of alcoholic beverages and other items. These records shall be subject to audit, and made available, reasonable business hours. Police 3 That no display of beer or wine shall be located outside the building or within 5 feet of any public entrance to the building. Police 4 That the areas of beer or wine displays shall not exceed twenty five percent (25%) of the total display area in the building. Police 5 That the window signage shall not be permitted. All fixtures, displays, merchandise and other materials shall be located a minimum of 3 feet from all window areas. Code Enforcement 6 That no advertising of beer or wine shall be located, placed or attached to any location outside the building, and that any such advertising shall not be audible (interior or exterior). Police 7 That no video, electronic or other amusement devices or games shall be permitted anywhere on the subject property. Code Enforcement 8 That the sale of alcoholic beverages shall be made to customers only when the customer is inside the building. Police 9 That no alcoholic beverages shall be consumed on the premises. Police 10 That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of adjacent properties, and that said lighting information shall be specified on plans submitted for building permits. Police - 7 - PC2010-*** 11 That wine coolers shall not be sold in packages containing less than a four pack. Police 12 That any public telephones proposed on-site shall be located inside the convenience market. Planning 13 That the existing trees along the south property line, separating the site from the apartment development, shall not be removed. If removed, they shall be replaced with minimum 36-inch box evergreen trees. Planning 14 That on-going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Public Works 15 That on-going during project operation, all exterior doors shall have adequate security hardware, e.g. deadbolt locks. Police 16 The parking lot shall be maintained in good condition free of trash and debris. Planning 17 Timing for compliance 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. Planning 18 Extensions for further time to complete conditions of approval may be granted in accordance with section 18.60.170 of the Anaheim Municipal Code. Planning 19 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. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4 ITEMN02PLANNINGCOMMISSIONAGENDA200SAnaheimBlvdISuite162iAnaheimCA92805Tel7147655139Fax7147655280wwwanafieimnetCityofAnaheimPLANNINGDEPARTMENTDATESEPTEMBER292008FROMPLANNINGSERVICESMANAGERELAINETHIENPRASIDDHIPROJECTPLANNERSUBJECTCONDITIONALUSEPERMITN03939TrackingNoCUP200805311WITHWAIVEROFACODEREQUIREMENTLOCATION301and327SouthAnaheimBoulevardAPPLICANTPROPERTYOWNERTheapplicantisMilad0ueijanwithBHiveGrouptheprojectarchitectandthepropertyownerisJerryZomorodianREQUESTTheapplicantrequeststopermitatwostoryretailandstorageadditiontoanexistingservicestationandfullservicecarwashwithfewerparkingspacesthanrequiredbycodeRECOMMENDATIONStaffrecommendsthePlanningCommissionadopttheattachedresolutiondeterminingthatthepreviouslyapprovedNegativeDeclarationserveastheappropriateenvironmentaldocumentationandapprovingConditionalUsePermitNo3939withawaiverofcoderequirementBACKGROUNDTheprojectsiteiscomprisedoftwoparcelsTheadditionisproposedontheparcelwhichisdevelopedwitherservicestationconveniencemarketandfullservicecarwashTheadjacentparceltothesouthisimprovedwithathreeunitretailbuildingThisparcelhasbeenincludedaspartofthisprojectbecauseofanexistingparkingandaccesseasementbetweenthetwoparcelsTheservicestationcarwashandconveniencemarketareocatedintheGeneralCommercialCGzoneandthethreeunitretailbuildingiswithintheIndustrialIzoneTheAnaheimGeneralPlandesignatesbothpropertiesandalladjacentpropertiesforMixedUseConditionalUsePermitNo3939toconstructa3750squarefootservicestationwithaconveniencemarketwithretailsalesofbeerandwineadrivethroughcarwashandtwofastfoodrestaurantswasapprovedbytheCityCouncilonJuly151997 ATTACHMENT NO. 5 CONDITIONALUSEPERMITNO3939September292008Page2of4ConditionalUsePermitNo2Q0404881toremodelanexistinghistoricalbuildingandtoestablishacommercialretailcenterwithanaccessoryautodetailingfacilitywasapprovedbythePlanningCommissiononSeptember202004PROPOSALTheapplicantisrequestingaconditionalusepermittopermitatwostory2200squarefootadditiontotheconveniencemarketbuildingThefirststorywouldbearetailtenantspaceandthesecondfloorwouldhavedirectaccesstotheconveniencemarketandwouldbeusedforitsadministrativeofficesTheexistingvacuumstationforthecarwashwouldberelocatedfurthersouthinordertoaccommodatetheexpansionTheadditionandvacuumcanopywouldbefinishedwithcolorsandmaterialsthatareidenticaltotheexistingconveniencemarketincludingstuccoandbrickveneerANALYSISAcommercialretailcenterisdefinedbyCadeasanycombinationoftwoormorecommercialbusinessesCodepermitscommercialretailcentersintheGeneralCommercialzonesubjecttotheapprovalofaconditionalusepermitTheadditionalretailspacewouldbecompatiblewiththeusescurrentlyexistingonsiteArowofmaturetreesarecurrentlyplantedalongthesouthpropertylinebetweentheexistingbuildingandthemultiplefamilyapartmentdevelopmentunderconstructiontathesouthStaffhasincludedaconditionofapprovalrequiringthatthesetreesbemaintainedatthislocationtoprovideavisualbufferbetweenthecommercialandresidentialusesParkingAtotalof87parkingspacesarerequiredwhile58parkingspacesareproposedKimleyHornAssociatespreparedaparkingdemandstudywhichconcludedthatsufficientparkingwouldbeavailabletomeetthedemandoftheexistingusesandproposedretailandofficeParkingcountswereconductedanaWednesdayandFridayThestudydeterminedthatthemaximumparkingdemandforthecurrentusesis36parkingspacesTheadditionhasaparkingrequirementof12spacessuchthatthemaximumfutureparkingdemandwouldbe48Since58parkingspacesareproposedtherewouldbeasurplusof10parkingspacesCONCLUSIONTheretailandofficeadditionwouldbecompatiblewiththeotherusesonthesiteTheparkingstudyhasdemonstratedthattherewouldbeadequateparkingforalloftheexistingandproposedusesThereforestaffrecommendsapprovaloftheprojectRespectfullysubmittedConurgebyEfn CONDITIONALUSEPERMITNO3939September292008Page3of4Attachments1ProjectSummary2DraftResolution3PreviousResolutionResolutionNo97R137dated3uly151997ThefollowingattachmentswereprovidedtothePlanningCommissionandareavailableforpublicreviewatthePlanningServicesDivisionatCityHall4ParkingStudy5PreviousStaffReport3une919976ExhibitsSitePlanFloorPlanRoofPlanElevationsExistingSiteandFloorPlanExistingRoofPlanandColoredElevations7SitePhotographs ATACIMENTNO1PROJECTSUMMARYCONDITIONALUSEPERMITN3939DewelomentStandardProsedPrectccSdaSiteArea135acresNAParking5887BuildingSetbacksforAdditionNorthadjtoBroadwayNATASouthadjtoapartments525feetNoneEastadjtvAnaheimBlvd147feetI5feetWest20feetNoneBuildingHeight28feet75feePA10TSUMYParkinaairediJeisanairmIRetail5515sf55sace1000sf303spacesCarwashNIA1spaceplusdryingareafor5vehicleslsacepRestaurantWalkUp29b0sf16spaces1000sf473RestaurantFullService10008spaces1000sf8Total87 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. C-G (SC) DEV 2010-00093 RETAIL C-G (SC) RETAIL (SC) RETAIL C-G (SC) FAIRFIELD INN ANAHEIM HILLS T (SC) CANYON HIGH SCHOOL RS-3 (SC) SFR C-G (SC) OFFICES RS-3 (SC) SFR C-G (SC) RETAIL C-G (SC) RETAIL C-G (SC) RETAIL C-G (SC) RETAIL C-G (SC) AUTO DEALERSHIP RS-2 (SC)SFRRS-2 (SC) SFR RS-2 (SC)SFRRS-3 (SC) SFR RS-2 (SC) SFR (SC) RETAIL N IMPERIAL HWYE S A N T A A N A C A N Y ON R D S IMPERIAL HWYN VIA CORTEZS VIA CORTEZS CALLE DA GAMAE C A M IN O M A N Z A N O N ROSE BLOSSOM LN91 E. LA PALMA AVE E. NO H L R A N C H R D E . S A N T A A N A C A N Y O N R D N. IMPERIAL HWYS. ROYAL OAK RDN. FAI RMONT BLVD109655781 East Santa Ana Canyon Road DEV2010-00093 Subject Property APN: 358-191-12 ATTACHMENT NO. 1 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE.°0 50 100 Feet Aerial Photo: April 2009 9 1 F R E E W AY N IMPERIAL HWYE S A N T A A N A C A N Y ON R D S IMPERIAL HWYN VIA CORTEZS VIA CORTEZS CALLE DA GAMAE PASEO BALBOA E C A M IN O M A N Z A N O N ROSE BLOSSOM LN91 E. LA PALMA AVE E. NO H L R A N C H R D E . S A N T A A N A C A N Y O N R D N. IMPERIAL HWYS. ROYAL OAK RDN. FAI RMONT BLVD109655781 East Santa Ana Canyon Road DEV2010-00093 Subject Property APN: 358-191-12 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 9 1 F R E E W AY [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1, CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05510 (DEV2010-00093) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2010- 05510, to permit the sale of beer and wine for on-premises consumption in conjunction with an existing restaurant with outdoor dining located in an existing commercial center for that certain real property situated at 5781 East Santa Ana Canyon Road in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit “A”, attached hereto and incorporated herein by this reference. WHEREAS, the subject property is located in the C-G (SC) (General Commercial, Scenic Corridor Overlay) Zone, and the Anaheim General Plan designates the property for Neighborhood Center land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the 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, does find and determine the following facts: 1. The request to permit the sale of beer and wine for on-premises consumption in conjunction with an existing restaurant with outdoor dining located in the C-G (SC) (General Commercial, Scenic Corridor Overlay) Zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Conditionally Permitted Uses). 2. The request to permit the sale of beer and wine for on-premises consumption within an existing restaurant with outdoor dining would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the property is currently developed with a commercial shopping center and the proposed use is compatible with the surrounding area. 3. 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 property is currently improved with a commercial center and no expansion of the existing commercial center is proposed. - 2 - PC2010-*** 4. The traffic generated by permitting the sale of beer and wine for on-premises consumption within an existing restaurant with outdoor dining 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 vehicles entering and exiting the site are consistent with existing restaurant and permitted businesses within the commercial center. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 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 Planning Commission does hereby approve Conditional Use Permit No. 2010-05510 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 this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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. - 3 - PC2010-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 21, 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 June 21, 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 21st day of June, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** - 5 - PC2010-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05510 (DEV2010-00093) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. Police 2 The gross sales of alcoholic beverages shall not exceed 40 percent of the 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 alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. Police 3 The sale of alcoholic beverages for off premises consumption shall be prohibited. Police 4 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. Police 5 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police 6 That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police 7 There shall be no admission fee, cover charge, nor minimum purchase required. Police - 6 - PC2010-*** 8 The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Code Enforcement 9 All doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries and in cases of emergency. Fire 10 Solid waste storage and collection, and recycling shall be in compliance with plans approved by the Public Works, Streets and Sanitation Division. Public Works, Streets and Sanitation/ Operations 11 There shall be no coin-operated telephones on the property located outside the building and within the control of the property owner/applicant. Code Enforcement 12 There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 13 Subject 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 as Exhibit Nos. 1, 2 (Site and Enlarged Site Plan) and Exhibit No. 3 (Floor Plan). Planning ATTACHMENT NO. 3 City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: Judy Dadant/Planning Department Case No.: DEV 2010-00093/CUP2010-05510 Rubio’s Restaurant 5781 E. Santa Ana Canyon Rd. Date: May 26, 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 I have reviewed the above case and the Police Department does not oppose the applicant’s request. Please see the following comments and conditions for more details: COMMENTS: Public Convenience and Necessity Information: The Police Department has received an I.D.C. Route Sheet for DEV 2010-00093. The applicant is requesting to permit beer and wine in a restaurant. The location is in Census Tract Number 219.05 which has a population of 5,216. This population allows for 6 on sale Alcoholic Beverage Control licenses and there are presently 6 licenses in the tract. It also allows for 3 off sale licenses and there are presently 3 licenses in the tract. This location falls right at 20% above average for the ¼ mile crime radius in calls for service. The Police Department had one call for service to this location in the last year; it was for a burglary alarm. 1. Managers, owners, and wait staff need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714-558-4101. General Development Standards and Fees (the following standard development requirements are being provided to assist with project planning): RECOMMENDED CONDITIONS OF APPROVAL: The addition of this Alcoholic Beverage Control license makes the area over concentrated in the amount of licenses allowed in the Census Tract; however, we do not feel it will be detrimental to the surrounding neighborhood. The Police Department requests the following conditions be placed on the Conditional Use Permit: ATTACHMENT NO. 4 No. Timing Condition Responsible Department 1. At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant Police Department 2. The gross sales of alcoholic beverages shall not exceed 40 percent of the 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 alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. Police Department 3. The sale of alcoholic beverages for consumption off the premise shall be prohibited. Police Department 4. 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. Police Department 5. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police Department 6. There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 7. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds 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 Department 8. There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police Department Concur: Office of Chief of Police f:\home\mmirwin\2010-00093 DEV 5781 E Santa Ana Canyon Rd.doc ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 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. C-G (SC) DEV 2010-00068 RETAIL RS-2 (SC) SFR C-G (SC) RETAIL RS-2 (SC) SFR RH-3 (SC) SFR RS-2 (SC) SFR T (SC) O.C.F.C.D. C-G (SC) MONTESSORI SCHOOL O-L (SC) PRESCHOOL O-L (SC) RELIGIOUS USE T (SC) EL RANCHO CHARTER SCHOOL C-G (SC) RETAIL RH-3 (SC) SFR RS-2 (SC) SFR RH-3 (SC) SFR RH-2 (SC) SFR RH-3 (SC) SFR RH-3 (SC) SFR RS-2 (SC) SFR RS-2 (SC) SFR S F AI RMONT BL VDE S A N T A A N A C A N Y O N R D N F AI R MONT B L VDE R IO G R A N D E D R E V IA R IB A Z O S DONNA CTS AVENI DA LYSANNEN CI R C U L O R O B E L N CI ELI TO LI NDOE C A L L E J A IM E 91E. L A P A L M A A V E E . C A N Y O N R IM RD . S A N T A A N A C A N Y O N R D N. IMPERIAL HWYS. F AIR M O N T B LVD 109676362 East Santa Ana Canyon Road DEV2010-00068 Subject Property APN: 356-211-09 356-211-10 356-191-32 356-191-37 ATTACHMENT NO. 1 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE.°0 50 100 Feet Aerial Photo: April 2009 S F AI RMONT BL VDE S A N T A A N A C A N Y O N R D N F AI R MONT B L VDE R IO G R A N D E D R E V IA R IB A Z O S DONNA CTS AVENI DA LYSANNEN CI R C U L O R O B E L N CI ELI TO LI NDOE C A L L E J A IM E 91E. L A P A L M A A V E E . C A N Y O N R IM RD . S A N T A A N A C A N Y O N R D N. IMPERIAL HWYS. F AIR M O N T B LVD 109676362 East Santa Ana Canyon Road DEV2010-00068 Subject Property APN: 356-211-09 356-211-10 356-191-32 356-191-37 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 POx 144 Bauh 90803 PO Ol 1f66 Sn un plrno91691 authority of Section 18120S0010to ons41 1ao6oo2oo2 fruLr 18 o6o5o o2o o231 ooo 1 06 080 and 1844066050 1812020 altd blic heari hsvtnq n duly noticed oz nd held on date t orth v I do hrebyfind utto th 8cton 18020300I0 thouqh 1802030g35ot the Aaah unol 1 That th avntionwal l hebqtfo the cifio u 1991 wm prspard by o i lniatml d urov by Clty ZA3399 1 lA 911 ATTACHMENT NO. 2 Th he pos us u poronor which d h 9h d dvon of ha aa n burden un h us nd hqhwaySdsnd d pv O Cry h mnrte o th CYt tn o h Ctyof Anah outhw cocnc of 8a a Ctnyon Rod tnd frontaquof ppxtly28Cf on h outh midm o and 384 ft on th lt Ld o Fnulvrd uubmtantl vtdnc that th proct ll hav ed on th vLdnc d ttflyprnt to I do hrbydtnm o plans nd cLfcaton uLto the Clt tLtLonrndwhich plnar on flit wththe lnnmtq Orttmark xhLbt Hol I and 2 ThAthlcohotltauthorizbythriolutiontnconJunctLontthhmlmrvtnqandeonuumptontA33992tX9116 hm dlb of hte decttton htchmv occurs s Condition Hoe 3 X803090et h nho Huntctat Code That roo cftcent of th cLvLapproved by htB dtonor prior o nl butldtn and toning tnscLonlwhichever occur L ndllon Ho I mhd S avementtonidIhtll bt tprvmd Approval doom not tnclud tn Aton or tin tm a tO cpXtanQor ruiSttOflorrtqutrmflt Cdtttoflearkod wtth tn tJtttlk tit rttidby mitabltlhod ewi cem regulations ir igrmwintm and Ate hrmfortnot tubicitO noqottttton Thtl OiCtltO ti 40 ItgnH ina entered into the fttO I twenty ILghth d IS dM of h dt of ehs etgnknq of hil dcLiton or unitll ttFIOf hi OTIOHOF SBRVICI BY IL I do hereby dclire under nalty o tJu thmt on the date eot forth below did doett tn the Unit Stat HALl a co et the dctlton to tho iltcint end did foird 6 copy to the Ctt CXtk DATEOt Hatch 26 199i rrsoortoActtnqSecretary ZA39 3 ZA 9116 [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. 3399, AND AMENDING CONDITIONS OF APROVAL OF RESOLUTION NO. ZA91-16 (DEV2010-00068) (6362 EAST SANTA ANA CANYON ROAD) WHEREAS, on March 21, 1991, the Anaheim Zoning Administrator, by Resolution No. ZA91-16, did approve Conditional Use Permit No. 3399 to permit the sale and on-premises consumption of alcoholic beverages in a proposed restaurant with a waiver of minimum number of parking spaces, 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, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 3399 to expand an existing restaurant and upgrade the ABC license from a beer and wine license to distilled spirits (designated as “Conditional Use Permit No. 3399A”); and WHEREAS, the subject property is developed with a 67,145 square foot neighborhood shopping center and is located in the General Commercial (C-G) zone, Scenic Corridor (SC) Overlay. The Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 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 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 is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.010 (Alcoholic Beverage Sales - On Sale) of the Anaheim Municipal Code. 2. The operation of the restaurant, including the proposed expansion, 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. - 2 - PC2010-*** 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 as the operation of the restaurant is consistent with the operational characteristics of the shopping center. 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 traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 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 a bonafide full service restaurant with accessory alcoholic beverage sales and the restaurant is located within an existing commercial building at the intersection of two arterial highways. 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. 3399A as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend and restate the conditions of approval adopted in connection with the Zoning Administrator Resolution No. ZA91-16, approving Conditional Use Permit No. 3399, 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 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. ZA91-16, approving Conditional Use Permit No. 3399, 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 - 3 - PC2010-*** 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 June 21, 2010. 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 June 21, 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 21st day of June, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** - 5 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 3399A (DEV2010-00068) 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 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning GENERAL 2 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 3 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. Police 4 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 5 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. Police 6 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. Code Enforcement 7 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 Planning - 6 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY adjacent streets. The walls of the storage areas shall be 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. 8 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 9 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police 10 There shall be no admission fee, cover charge, nor minimum purchase required. Police 11 There shall be no entertainment, amplified music, or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. Police 12 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 13 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 Enforcement 14 Police 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. 15 The activities occurring in connection with the operation of this establishment shall not cause noise disturbance to Police - 7 - PC2010-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY surrounding properties. 16 Police There shall be no requirement to purchase a minimum number of drinks. ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 200 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.