The URL can be used to link to this page

PC 2008/11/24Anaheim Planning Commission Agenda Monday, November 24, 2008 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Joseph Karaki Chairman Pro-Tempore: Panky Romero Commissioners: Peter Agarwal, Kelly Buffa,Gail Eastman, Stephen Faessel,Victoria Ramirez Call To Order Preliminary Plan Review 1:30 P.M. •Staff update to Commission on various City developments and issues (As requested by Planning Commission) •Preliminary Plan Review for items on theNovember 24,2008agenda 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. 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 inthe Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. Recess To Public Hearing Reconvene To Public Hearing 2:30 P.M. Pledge Of Allegiance Public Comments Consent Calendar Public Hearing Items Commission Updates: Discussion: Adjournment You may leave a message for the Planning Commission using the following planningcommission@anaheim.net e-mail address: Anaheim Planning Commission Agenda -2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Minutes ITEM 1A Motion Receiving and approving the Minutes from the Planning Commission Meeting of October 27, 2008. NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. Reports and Recommendations ITEM NO. 1B CEQANEGATIVE DECLARATION(PREVIOUSLY-APPROVED)Motion CONDITIONAL USE PERMIT NO. 2007-05186 (Tracking No. CUP2008-05365) Owner Mehdi Ebrahimzadeh and 30622 La Vue Street Applicant: Laguna Niguel, CA 92677 Location:1741-1745 South Easy Way: This property is approximately 0.4-acre, having a frontage of 164 feet on the west side of Easy Way and approximately 860 feet east of the centerline of Gilbert Street. Request to permit a retroactive one-year extension of time to Project Planner: Kimberly Wong comply with the conditions of approval to construct a five unit kwong2@anaheim.net attached single-family residential condominium development. 11/24/08 Page 2of 13 ITEM NO. 1C CEQANEGATIVE DECLARATION(PREVIOUSLY-APPROVED)Motion CONDITIONAL USE PERMIT NO. 2007-05204 (Tracking No. CUP2008-05366) Owner Mehdi Ebrahimzadeh and 30622 La Vue Street Applicant: Laguna Niguel, CA 92677 Location:121&131 South Dale Avenue: This property is approximately 0.82-acre, having a frontage of 148 feet on the west side of Dale Avenue,approximately 860 feet east of the centerline of Lincoln Avenue. Request to permit a one-year extensionof time to comply with the Project Planner: Kimberly Wong conditions of approval to construct a 14-unit attached single-family kwong2@anaheim.net residential condominium development. 11/24/08 Page 3of 13 ITEM NO. 1D CEQANEGATIVE DECLARATION (PREVIOUSLY-APPROVED)Motion CONDITIONAL USE PERMIT NO.2007-05200 (Tracking No. CUP2008-05367) Owner Mehdi Ebrahimzadeh and 30622 La Vue Street Applicant: Laguna Niguel, CA 92677 Location:1556 West Katella Avenue: This property is approximately 0.78-acre, having a frontage of 140 feet on the south sideof Katella Avenue and approximately 397 feet east of the centerline of Bayless Street. Request to permit a retroactive one-yearextension of time to Project Planner: Kimberly Wong comply with the conditions of approval to construct a 14-unit kwong2@anaheim.net attached single-family residential condominium development. 11/24/08 Page 4of 13 ITEM NO. 1E CEQANEGATIVE DECLARATION (PREVIOUSLY-APPROVED)Motion CONDITIONAL USE PERMIT NO. 2006-05111 (Tracking No. CUP2008-05385) Owner: BKMDevelopment Company 3185 Pullman Avenue Costa Mesa, CA92626 Applicant: BKMAnaheim Associates 3185 Pullman Avenue Costa Mesa, CA92626 Location:1097 North Patt Street: This property is approximately 0.25-acre, and is a land-locked parcel with a minimum depth of 190 feet located west of a parcel with 200 feet of frontage on the west side of Patt Street and 37 feet south of the centerline of Commercial Street. Request to permit a one-yearextension of time to comply with the Project Planner: Kimberly Wong conditions of approval to construct one of two previously-approved kwong2@anaheim.net stealth ground-mounted telecommunications facilities with accessory ground-mounted equipment in an industrial office park. 11/24/08 Page 5of 13 ITEM NO. 1F CEQAMITIGATED NEGATIVE DECLARATIONMotion (PREVIOUSLY-APPROVED) CONDITIONAL USE PERMIT NO. 2007-05216 (Tracking No. CUP2008-05379) Owner: State of California 464 West Fourth Street San Bernardino, CA 92401 Applicant :Zhandi Hossein Mercedes-Benz of Anaheim 5395 East La Palma Avenue Anaheim, CA 92807 Location:Caltrans right-of-way adjacent to and east of the Mercedes-Benz of Anaheim auto dealership at 200 Via Cortez: Property is approximately 1.85- acre, located on the south side of the Riverside Freeway (SR-91) right-of-way with a frontage of 682 feet along the Riverside Freeway, north of Santa Ana Canyon Road, west of Soloman Drive and 1,357 feet east of the centerline of Via Cortez. Request topermit a one-yearextension of time to comply with the Project Planner: Scott Koehm conditions of approval for a previously-approved outdoor skoehm@anaheim.net automobile storage and display area in conjunction with an adjacent automobile sales dealership. 11/24/08 Page 6of 13 Public Hearing Items: ITEM NO. 2 Staff Report CEQACATEGORICAL EXEMPTION, CLASS 3 VARIANCENO.2008-04757 New Correspondence Owner: Chang Nam Han 900 East Vermont Avenue Anaheim, CA92805-5615 Applicant: Michelle Felton Core Communications 2923ASaturn Street Brea, CA92821 Location:900 East Vermont Avenue: This property is approximately 3.45 acres, having a frontage of 304 feet along the south side of Vermont Avenue, approximately 830 feet west of East Street. Request to construct a stealth monopine Project Planner: telecommunications tower with less landscaping than Della Herrick dherrick@anaheim.net required by code 11/24/08 Page 7of 13 ITEM NO. 3 Staff Report CEQACATEGORICAL EXEMPTION, CLASS 1 CONDITIONAL USE PERMIT 2008-05327 New Correspondence (Tracking No. CUP2008-05386) PUBLIC CONVENIENCE OR NESCESSITY NO. 2008-00050 Owner Majid Nazari and 1200 NorthEast Street Applicant: Anaheim, CA92805 Location:1200 North East Street: This property is located at with an area of 0.35 acreat the northeast corner of East Street and Romneya Drive, having frontages of 105 feet on the east side of East Street and 147 feet on the north side of Romneya Drive. Conditional Use Permit No. 2008-05327 (Tracking No. Project Planner: CUP2008-05386)- Request to amend a previously- Dave See dsee@anaheim.net approved conditional use permit to expand an existing convenience market with the sale of beer and wine for off premises consumption in conjunction with an existing Public Convenience or Necessity No. service station. 2008-00050- Request for determination of public convenience or necessity to permit the sale of beer and wine for off-premises consumption in conjunction with an existing service station and Convenience market. 11/24/08 Page 8of 13 ITEM NO. 4 Staff Report CEQANEGATIVE DECLARATION (PREVIOUSLY APPROVED) VARIANCE NO. 2000-04407 New Correspondence (Tracking No. VAR2008-04760) Owner: Jack Singh 6164 East Paseo Rio Verde Anaheim, CA92807 Applicant: Ricardo Noriega 1618 West Willits Santa Ana, CA92703 Location:7651-7673 East Corto Road and 370 –371 South Timken Road: These four properties are a combined area of 1.8 acres, having frontages of 205 feet on the north side of Corto Road and 65 feet at the terminus of Timken. Request to amend a previously-approved variance to modify Project Planner: conditions of approval related to pad elevation heights and Dave See dsee@anaheim.net request smaller setbacks than required by code to construct four new single family residences. 11/24/08 Page 9of 13 ITEM NO. 5 Staff Report CEQACATEGORICAL EXEMPTION, CLASS 1 CONDITIONAL USE PERMIT NO. 2005-05037 New Correspondence (Tracking No. CUP2008-05360) Owner: Ganlaon Corporation Bruno Serato 887 South Anaheim Boulevard Anaheim, CA 92805 Applicant: Sylvano Ibay Anaheim White House Restaurant 887 SouthAnaheim Boulevard Anaheim, CA 92805 Location:887 South Anaheim Boulevard: This property is located at with an area of 0.82 acre, a frontage of 108 feet on the west side of Anaheim Boulevard, a maximum depth of 279 feet, and is located 152 feet north of the centerline of Vermont Avenue. Request to amend a previously-approved permit to Project Planner: construct a new permanent outdoor dining area in Dave See dsee@anaheim.net conjunction with an existing restaurant with the sale of alcoholic beverages for on-premises consumption and outdoor dining, with waivers of minimum number of parking spaces, minimum front yard setback, and maximum fence height.The new building would replace an existing tent which is used for outdoor dining and events. 11/24/08 Page 10of 13 Adjourn to Monday, December 8, 2008at 1:30 P.M. for Preliminary Plan Review 11/24/08 Page 11of 13 S C H E D U L E 2008 December 22 (Cancelled) 2009 January 5 January 21 (Wed) February 2 February 18 (Wed) March 2 March 16 March 30 April 13 April 27 May 11 May 27 (Wed) June 8 June 22 July 8 (Wed) July 20 August 3 August 17 August 31 September 14 September 28 October 12 October 26 November 9 November 23 (cancelled) December 7 December 21 (cancelled) 11/24/08 Page 13of 13 ÌßÓßÎß ÔßÒÛ ÕßÌÛÔÔß ßÊÛÒËÛ ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóðëïèê Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíêë ïéìë Í±«¬¸ Û¿§ É¿§ ïðêìð ×¬»³ Ò±ò ïÞ ßÐÌÍ ßÐÌÍ ÎÓóì ßÐÌÍ è ÜË è ÜË ßÐÌÍ ïê ÜË ßÐÌÍ ïê ÜË ÎÓóì ê ÜË ÒËÌÉÑÑÜ ßÐßÎÌÓÛÒÌÍ îè ËÒ×ÌÍ ßÐÌÍ ÎÓóì ê ÜË ÎÓóì ßÐÌÍ ØÛÎ×ÌßÙÛ Ê×ÔÔßÙÛ ïê ÜËßÐÌÍ ßÐÌÍ ÌÑÉÒØÑËÍÛÍ ßÐÌÍ ç ÜË ç ÜË çé ËÒ×ÌÍ ïè ÜË Ì ï ÜË ÎÓóì ßÐÌÍ ßÐÌÍ ßÐÌÍ ßÐÌÍ ßÐÌÍ ßÐÌÍ é ÜË é ÜË é ÜË é ÜË ïì ÜË ïì ÜË ÎÍóî ï ÜË ÛßÝØ ÎÍóî ÎÓóì ØßÔÔÓßÎÕ ßÐÌÍ ßÐÌÍ ßÐÌÍ ÜÑÔÐØ×Ò ßÐÌÍ ßÐÌÍ ê ÜË ßÐÌÍ ê ÜË ïì ÜË ïì ÜË è ÜË ÌßÓßÎß ÔßÒÛ è ÜË ÎÓóì ÎÍóî ï ÜË ÛßÝØ ÜÛÔ ÎÛÇ ÝóÙ ßÐÌÍÝóÙ îì ÜË ÎÛÌß×Ô ÝßÎ ÜÛßÔÛÎÍØ×Ð ÍØÑÐÍ ÝóÙ ÝóÙ ÝóÙ ÕßÌÛÔÔß ÐÔßÆß ÍÓßÔÔÝÑÓÓò ÍØÑÐÍ ÎÝÔ îððéóððïçî ØÛßÔÌØ ÑÚÚ×ÝÛ ÎÝÔ êëóêêóíê ÍÛÎÊ×ÝÛÍ ÍÐßÝÛÍ ÑÚÚ×ÝÛ ÎÝÔ ëçóêðóéî ÌóÝËÐ îððèóðëíêë ÕßÌÛÔÔß ßÊÛÒËÛ ÝËÐ îððéóðëïèê ÝËÐ ïðçï ÝËÐ ïðéë ÌÌÓ ïéïïë ÊßÝßÒÌ ðëðïðð p Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóðëïèê Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíêë ïéìë Í±«¬¸ Û¿§ É¿§ ïðêìð ßÌÌßÝØÓÛÒÌ ÒÑò ï ßÌÌßÝØÓÛÒÌ ÒÑò î ÌÑÔß ßÊÛ ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Éò Ô×ÒÝÑÔÒ ßÊÛ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóðëîðì Éò ÞÎÑßÜÉßÇ Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíêê ïîï ¿²¼ ïíï Í±«¬¸ Ü¿´» ßª»²«» ïðêìï ×¬»³ Ò±ò ïÝ ÎÓóì Ô×ÒÜßÔÛ Ê×ÔÔß ßÐßÎÌÓÛÒÌÍ ÎÓóì èè ÜË ÒÑÎÓßÒÜÇ ßÐßÎÌÓÛÒÌÍ éð ÜË ÝóÙ ÍÛÒ×ÑÎ ßÐßÎÌÓÛÒÌÍ ÝóÙ ïïè ÜË ÎÓóì ÍÓßÔÔ ÍØÑÐÍ ÝóÙ ÞÛÔ ß×Î ÓßÒÑÎ ÝóÙ ßÐßÎÌÓÛÒÌÍ ÍÛÎÊ×ÝÛ ÝóÙ ÍÌßÌ×ÑÒ êë ÜË ÍÓßÔÔ ÍØÑÐÍ É»¬ ß²¿¸»·³ Ý±³³»®½·¿´ Ý±®®·¼±® øÎ»¼»ª»´±°³»²¬ ß®»¿÷ ÎÓóí ÎÝÔ îððéóððîðð ÎÝÔ èìóèëóîí ÝóÙ ÌóÝËÐ îððèóðëíêê ÝóÙ ÎÓóì ÝóÙÝóÙ øÓØÐ÷ ÝËÐ îððéóðëîðì ÎÛÍÌßËÎßÒÌ ì ÜË ÛßÝØ ßÒßØÛ×Ó ÊßÎ íìëç ÒßÌ×ÑÒßÔ Ì ÙÐß îððéóððìëê ÝóÙ ×ÒÒ ÝóÙ ÌÌÓ ïéðìé ÎÛÍÌßËÎßÒÌ ÝóÙ ÝóÙ ÍÓßÔÔ øÝËÐ ïçìð÷ ÍØÑÐÍ ÞËÜÜØ×ÍÌ ÊßÝßÒÌ ÌÛÓÐÔÛ ÎÓóì Ê×ÔÔß ÜÛÔ ÍÑÔ ßÐßÎÌÓÛÒÌÍ îðé ÜË ÎÓóì Ê×ÔÔß ÍßÓÑß ßÐÌÍ Ì øÓØÐ÷ ìê ÜË ÓÑÞ×ÔÛØÑÓÛ ÐßÎÕ ÌÑÉÒØÑÓÛÍ ïì ÜË ÉÛÍÌÜßÔÛ ÎÓóì ÎÓóì ßÐÌÍ ÌøÓØÐ÷ ïê ÜË ÊßÝßÒÌ ÑòÝòÚòÝòÜò ÑòÝòÚòÝòÜò ÎÍóî ÎÍóî ï ÜË ÛßÝØ ï ÜË ÛßÝØ ÌÑÔß ßÊÛ Ì ÍÝØÉÛ×ÌÆÛÎ ÛÔÛÓÛÒÌßÎÇ ÍÝØÑÑÔ ÎÍóî ï ÜË ÛßÝØ ÎÍóî ï ÜË ÛßÝØ ðëðïðð p Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Éò Ô×ÒÝÑÔÒ ßÊÛ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóðëîðì Éò ÞÎÑßÜÉßÇ Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíêê ïîï ¿²¼ ïíï Í±«¬¸ Ü¿´» ßª»²«» ïðêìï ßÌÌßÝØÓÛÒÌ ÒÑò ï ßÌÌßÝØÓÛÒÌ ÒÑò î ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóðëîðð Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíêé ïëëê É»¬ Õ¿¬»´´¿ ßª»²«» ïðêìî ×¬»³ Ò±ò ïÜ ÎÍóî ï ÜË ÛßÝØ ÎÍóî ï ÜË ÛßÝØ ÎÍóî ÎÍóî ÝóÙ ï ÜË ÛßÝØ ÝóÙ ÎÓóí ÎÓóí ÊßÝßÒÌ ÝóÙ Ì ÝÑÒÜÑÓ×Ò×ËÓÍ ÝØËÎÝØ ÝóÙ ìð ÜË ÝóÙ ÍÓßÔÔ ÍØÑÐÍ ÊßÝßÒÌ ÝóÙ ÝóÙÝóÙ ÎÛÌß×Ô ÝóÙ Ì ÝóÙ ÌßÝÑ ÞÛÔÔ ï ÜË ÎÝÔ îððéóððïçè ×ÒÍËÎßÒÝÛ ÎÛÍÌò ßÙÛÒÝÇ ÎÝÔ çïóçîóïî ÎÓóî ÌóÝËÐ îððèóðëíêé ÝÑÒÜÑÍ Ì ÝËÐ îððéóðëîðð íî ÜË ÊßÝßÒÌ ÝËÐ íìèç ÙÐß îððéóððìëë ÝóÙ ÌÌÓ ïéïïê ÍÌÎ×Ð ÓßÔÔ øÎÝÔ èéóèèóðï÷ øÎÝÔ éêóééóíî÷ ÎÍóî øÝËÐ îçîð÷ ï ÜË ÛßÝØ øÝËÐ ïêèí÷ Ì ÍÌÑÜÜßÎÜ ÛÔÛÓÛÒÌßÎÇ ÍÝØÑÑÔ ÎÍóî ï ÜË ÛßÝØ Ì ÍÌÑÜÜßÎÜ ÐßÎÕ ðëðïðð p Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóðëîðð Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíêé ïëëê É»¬ Õ¿¬»´´¿ ßª»²«» ïðêìî ßÌÌßÝØÓÛÒÌ ÒÑò ï ßÌÌßÝØÓÛÒÌ ÒÑò î ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððêóðëïïï Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíèë ïðçé Ò±®¬¸ Ð¿¬¬ Í¬®»»¬ ïðêìí ×¬»³ Ò±ò ïÛ × × ÎÑÞÛÎÌÍÑÒùÍ ÞßÌÌÛÎÇ ÎÛÝÇÝÔ×ÒÙ × ÎÛßÜÇóÓ×Èô ×ÒÝò ÚßÝ×Ô×ÌÇ × ÞÎ×ÜÙÚÑÎÜ ÚÑÑÜÍ ÝÑÎÐ × × ÝÑËÒÌÎÇ Ý×ÌÇ ÌÑÉ×ÒÙ ×ÒÝ × × × ÌóÝËÐ îððèóðëíèë × ßÔÔ×ÛÜ ÞË×ÔÜ×ÒÙ ÌóÝËÐ îððèóðëíïé ÝËÐ îððêóðëïïï ÐÎÑÜËÝÌÍ ÊßÎ îððêóðìêèì ÊßÎ îððëóðìêêë ÌÐÓ îððëóîçð × ÌÐÓ îððëóïìé × × øÝËÐ îððïóðììïð÷ ÍÓßÔÔ ×ÒÜò Ú×ÎÓ ×ÒÜËÍÌÎ×ßÔ Ú×ÎÓÍ × × × Ó Ý Î ÚËÎÒ×ÌËÎÛ × × × ÍÓßÔÔ ×ÒÜËÍÌÎ×ßÔ Ú×ÎÓÍ × Ü×ÊÛÎÍ×Ú×ÛÜ ßÍÐØßÔÌ ÐÎÑÜËÝÌÍ × ÝÛÎßÓ×Ý Ì×ÔÛ Ü×ÍÌÎ×ÞËÌÑÎÍ × ÍÓßÔÔ ×ÒÜËÍÌÎ×ßÔ Ú×ÎÓÍ ðëðïðð p ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ÝÑÓÓÛÎÝ×ßÔñ×ÒÜËÍÌÎ×ßÔ øÒÑÎÌØ ÝÛÒÌÎßÔ ßÎÛß÷ ÎÛÜÛÊÛÔÑÐÓÛÒÌ ßÎÛßò Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððêóðëïïï Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíèë ïðçé Ò±®¬¸ Ð¿¬¬ Í¬®»»¬ ïðêìí ßÌÌßÝØÓÛÒÌ ÒÑò ï ßÌÌßÝØÓÛÒÌ ÒÑò î ðëðïðð ß»®·¿´ Ð¸±¬±æ ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ÍÝÛÒ×Ý ÝÑÎÎ×ÜÑÎ øÍÝ÷ ÑÊÛÎÔßÇ ÆÑÒÛò Ö«´§ îððê Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóðëîïê Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíéç îðð Ê·¿ Ý±®¬»¦ ïðêìé ×¬»³ Ò±ò ïÚ ÎÍóí ï ÜË ÛßÝØ ÎÍóí ï ÜË ÛßÝØ ÎÍóí ï ÜË ÛßÝØ ðëðïðð p ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ÍÝÛÒ×Ý ÝÑÎÎ×ÜÑÎ øÍÝ÷ ÑÊÛÎÔßÇ ÆÑÒÛò Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóðëîïê Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíéç îðð Ê·¿ Ý±®¬»¦ ïðêìé ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ê¿®·¿²½» Ò±ò îððèóðìéëé çðð Û¿¬ Ê»®³±²¬ ßª»²«» ïðêìë ×¬»³ Ò±ò î ðëðïðð p Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ê¿®·¿²½» Ò±ò îððèóðìéëé çðð Û¿¬ Ê»®³±²¬ ßª»²«» ïðêìë [DRAFT]ATTACHMENT NO. 3 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 3 ANDVARIANCE NO. 2008-04757 (900 EAST VERMONT AVENUE) WHEREAS, the Anaheim Planning Commissiondid receive a verified Petition forVarianceto installa monopine telecommunications facilitywith no additional live trees proposed where code requires a minimum of three live pine trees provided in close proximity to the antenna for certain real property situated in the City of Anaheim, County of Orange, State of California shown on Exhibit “A”attached hereto andincorporated herein by this reference; and WHEREAS, the property is developed with atile manufacturing plant and is zoned I(Industrial); and the Anaheim General Plan designates this property for Industrial land uses. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onNovember24, 2008,at2:30 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 variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, saidCommission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That the applicant requests waiversof the following topermit a monopine telecommunication facility: (a)SECTION NO. 18.38.060.0512Required landscaping(Minimum of three (3) live pine trees provided in close proximity to the antenna to be used to screen wireless communication facility components; no pine trees proposed) 2.That the requested waiveris hereby approved sincethere are special circumstances applicable to the property,in that there is an existing easement for overhead utilities on the property adjacent to the proposed monopine facility which limits the ability to plant live pine trees in close proximity to the facility. 3.That the requested waiveris hereby approved because the strict application of the Zoning Code does deprive the property of privilegesenjoyed by other property under identical zoning classification in the vicinity. -1-PC2008-*** 4.That *** indicated their presence at said public hearing in opposition; and that ***correspondence was received in opposition to subject petition. NOW, THEREFORE, BE IT RESOLVEDthe proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3(New Construction), 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 Planning Commission does hereby approve Variance No. 2008-04757subject to the following 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 propertyin order to preserve the safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the Anaheim Planning Commissiondoes hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of thisdiscretionary 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 November24, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIORSECRETARY, ANAHEIM PLANNING COMMISSION -2-PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I,Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commissionheld onNovember24, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this ______dayof _________,2008. SENIORSECRETARY, ANAHEIM PLANNING COMMISSION -3-PC2008-*** EXHIBIT “A” VARIANCE NO. 2008-04757 -4-PC2008-*** EXHIBIT “B” VARIANCE NO. 2008-04757 RESPONSIBLE FOR NO.CONDITIONS OF APPROVALMONITORING PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1That this telecommunications facility disguised as a monopine shall Planning be limited to a maximum of twelve (12) panel antennas, 4-foot microwave dish and accessory ground-mounted equipment. No additional antennas or equipment cabinets shall be permitted without approval from the City. That the round-shaped trunk shall be painted brown and textured to appear similar to a live pine tree trunk. Individual panel antennas shall be finished and painted green to match the artificial pine tree needles attached to the structure. Said information shall be specifically shown on plans submitted for building permits. 2That all equipment, including supply cabinets and power meter shall Planning be screened from the public right-of-way. In addition, the cable connecting the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans submitted for building permits. GENERAL 3That any required relocation of City electrical facilities shall be at Public Utilities the applicant’s expense. 4That before activating this facility, the Operator shall submit a post-Planning installation test to confirm that the facility does not interfere with the City of Anaheim’s Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriff’s Department or a Division approved contractor at the expense of the Operator. 5That the Operator shall provide a 24-hour telephone number to the Planning Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported, and shall resolve all interference complaints within 24 hours. -5-PC2008-*** RESPONSIBLE FOR NO.CONDITIONS OF APPROVALMONITORING 6That subject property shall be developed substantially in accordance Planning 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 through 9, and as conditioned hereinand the facility shall be maintained in a like-new condition consistent with the approved exhibits. 7That the Operator shall ensure that the facility’s installation and Planning choice of frequencies will not interfere within the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes. 8That the Operator shall ensure that any of its contractors, sub-Planning contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 9That should this telecommunications facility be sold, the Planning Planning Services Division shall be notified within 30 days of the close of escrow. 10That the portion of the property being leased to the Code Enforcement telecommunications carrier shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash ordebris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 11That approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 12Extensions for further time to complete conditions of approval may Planning be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. -6-PC2008-*** ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíîé Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíèê Ð«¾´·½ Ý±²ª»²·»²½» ±® Ò»½»·¬§ Ò±ò îððèóðððëð ïîðð Ò±®¬¸ Û¿¬ Í¬®»»¬ ïðêìì ×¬»³ Ò±ò í ÝØËÎÝØ ÎÓóì ÜÛÔ ÛÍÌÛÍ ÓÑÞ×ÔÛ ÛÍÌßÌÛÍ îïé ËÒ×ÌÍ ÎÍóî ÎÛÍÌßËÎßÒÌ ÎÍóîÎÍóî ï ÜË ÛßÝØ ï ÜË ÛßÝØ ï ÜË ÛßÝØ × ßËÌÑ ÎÛÐß×Î ÑÚÚ×ÝÛ × × ßÒßØÛ×Ó ÍÛÔÚ ÍÌÑÎßÙÛ ÜÛÔ ÛÍÌÛÍÎÍóî ÓÑÞ×ÔÛ ÛÍÌßÌÛÍ ï ÜË ÛßÝØ ÝóÙ îïé ËÒ×ÌÍ ÎÝÔ êìóêëóçê ÌóÝËÐ îððèóðëíèê ÝËÐ îððèóðëíîé ÎÍóî × ÝËÐ êéé ï ÜË ÛßÝØ ÎÓóì Ì×ÔÛ ÍÌÑÎÛ ÐÝÒ îððèóðððëð ì ÜË ì ÜËì ÜË ì ÜË øÎÝÔ êíóêìóðí÷ Ë øÎÝÔ ëèóëçóèê÷ øÝËÐ ììê÷ ÍÛÎÊ×ÝÛ ×× ÎÍóî ÍÌßÌ×ÑÒ ßËÌÑ ÝóÙ ÉÛÍÌÛÎÒ ï ÜË ÛßÝØ ÌÑÑÔ ÍËÐÐÔÇ ÎÛÐß×Î ÍÑÔÑ çè ÎÓóì ì ÜË ÎÍóî ì ÜË ì ÜË ï ÜË ÛßÝØ ì ÜË Ý±³³»®½·¿´ñ×²¼«¬®·¿´ øÒ±®¬¸ Ý»²¬®¿´ ß®»¿÷ Î»¼»ª»´±°³»²¬ ß®»¿ ÎÍóî ÝóÙ ï ÜË ÛßÝØ ÝÑÓÓÛÎÝ×ßÔ ÍØÑÐÍ ÎÍóî ï ÜË ÛßÝØ Ì î ÜË î ÜË ÎÍóî î ÜË ï ÜË ÛßÝØ î ÜË ðëðïðð p Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíîé Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíèê Ð«¾´·½ Ý±²ª»²·»²½» ±® Ò»½»·¬§ Ò±ò îððèóðððëð ïîðð Ò±®¬¸ Û¿¬ Í¬®»»¬ ïðêìì [DRAFT]ATTACHMENT NO. 1 RESOLUTION NO. PC2008-*** A RESOLUTION OFTHE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION,CLASS 1 ANDAPPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008-05327ANDRESOLUTION NO. PC2008-75 (TRACKING NO. CONDITIONAL USE PERMITNO. 2008-05386) (1200 NORTH EAST STREET) WHEREAS, on August 4, 2008, the Anaheim City Planning Commission, by its Resolution No. PC2008-75, did approve Conditional Use Permit No. 2008-05327to permit the sale of beer and wine for off-premises consumption in conjunction with an existing service station and accessory convenience market; and WHEREAS, the Anaheim Planning Commissiondid receive an application to amend a previously-approved conditional use permit to expand an existing convenience market to include the sale of beer and wine for off-premises consumption in conjunction with an existing service stationfor certain real property situatedin the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated by this reference. WHEREAS, the property is currently developed with a 1,650 square foot service station building and one canopy island with eight fuel pumps and is located in the General Commercial (C-G) zoneandthe 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 November 24, 2008,at 2:30 p.m., notice of said public hearing having been dulygiven 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 permitand to investigate and make findingsand 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, does find and determine the following facts: 1.That the request toexpand an existing convenience market and permit the sale of beer and wine for off-premises consumption in conjunction with an existing service station in the General Commercial (C-G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section18.08.030.010 (Alcoholic Beverage Sales –Off-Sale). 2.That the expanded convenience market and beer and wine sales would not adversely affect the adjoining commercialand residential land uses and the growth and development of the area in which it is proposed to be located because all business activities would remain inside the building. -1-PC2008-*** 3.That the size and shape of the site for the service station and convenience market operations isadequate 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 all sales and operations, with the exception of fuel dispensing,would remain inside the building. 4.That the traffic generated by the service station would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the service station is consistent with thetypes of commercial uses along East Street. 5.That this property is located within Reporting District 1426, which has a crime rate of 3 percent below the City average. This property is also located within Census Tract No. 864.04 which has a population of 6,217. This census tract allows for four licenses and there are currently four licenses in the tract. Since the requested beer and wine license will create an over concentration of ABC licenses in the census tract, a determination of public convenience or necessity will be required for this request. 6.That there are no schools or public parks adjacent to or within 500 feet of the subject site. 7.That the sale of beer and wine will be an ancillary component of the business and the owner will continue to maintain a convenience store where customers will be able to purchase everyday necessities such as general household products, packaged food products, and hot and cold beverages. 8.That the Anaheim Police Department recommends approval ofthe proposed sales of beer and wine for off-premises consumption andrecommends conditions of approvalthat are described in Exhibit“B” attached hereto and incorporated by this reference. 9.That *** indicated their presence at the public hearing in opposition; and that *** correspondence was received in opposition to the subject request. 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 Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 2008-05327 as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2008-75, as adopted in connection with Conditional Use Permit No. 2008-05327, as 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 inorder to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. -2-PC2008-*** 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 the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant’s compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 24, 2008. Said resolution is subject to the appeal provisions set forthin 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 PLANNINGCOMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I,Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November24, 2008, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my handthis ________ day of November, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3-PC2008-*** EXHIBIT “A” CONDITIONAL USE PERMIT NO. 2008-05327 (TRACKING NO. CUP NO. 2008-05386) -4-PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2008-05327 (TRACKING NO. CUPNO. 2008-05386) Responsible for No.Conditions of Approval Monitoring GENERAL 1That there shall be no exterior advertising or sign of any kind or Police/Code type, including advertising directed to the exterior from within, Enforcement promoting or indicating the availability of beer and wine. Interior displays of beer and wine or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2That no display of beer and wine shall be located outside of a Police/ Code building or within five (5) feet of any public entrance to the Enforcement building. 3That the area of beer and wine displays shall not exceed 25% of Police/Code the total display area in a building. Enforcement 4That sale of beer and wine beverages shall be made to customers Police/Code onlywhen the customer is in the building. Enforcement 5That no person under 21 years of age shall sell or be permitted to Police/Code sell beer and wine.Enforcement 6That beer and malt beverages shall not be sold in packages Police/Code containing less than a six (6) pack, and wine coolers shall not be Enforcement sold in packages containing less than a four (4) pack. No other wine shall be sold in bottles or containers of less than 750 ml. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers shall be prohibited. 7That the possession of alcoholic beverages in open containers Police/Code and the consumption of alcoholic beverages are prohibited on or Enforcement around these premises. 8That the parking lot of the premises shall be equipped with Police/Code lighting of a minimum 1 foot candle power to illuminate and Enforcement make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. -5-PC2008-*** 9That there shall be no amusement machines, video game Police/Code devices, or pool tables maintained upon the premises at any Enforcement time. 10That there shall be no public telephones on the property that are Police/Code located outside the building and within the control of the Enforcement applicant. 11That the gross sales of alcoholic beverages shall not exceed 35 Police/Code percent of all retail sales during any three (3) month period. The Enforcement applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 12That the petitioner shall be responsible for maintaining the area Police/Code adjacent to the premises over which they have control, in an Enforcement orderly fashion through the provision of regular maintenance and removal of trashor debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 13That the rear door(s) shall be kept closed at all times during the Police/Code operation of the premises except in the cases of emergency and to Enforcement permit deliveries. Said door(s) shall not consist entirely of a screen door or ventilated security door. 14That signs shall be prominently posted at the wine storage and the Police/Code cash register area reading: “Wine coolers may be purchased on Enforcement these premises only in quantities of a four-pack or more.” 15That the hours of operation for the convenience market shall be Police/Code consistent with the hours as indicated in the application form on Enforcement file with the City of Anaheim Planning Department. The doors to the convenience market shall be locked at 12 a.m. and can be opened at 6 a.m. 16That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2,and 3, and as conditioned herein. -6-PC2008-*** 17That approval of this application constitutes approval of the Planning proposed request only to the extent that is complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -7-PC2008-*** [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OFTHE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION,CLASS 1AND APPROVING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00050 TO PERMIT THE SALEOF BEER AND WINE FOR OFF-PREMISES CONSUMPTIONIN CONJUNCTION WITH AN EXISTING SERVICE STATION (1200 NORTH EAST STREET) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of “public convenience or necessity” on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a licenseby the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Anaheim Planning Commissiondid receive an application for a public convenience or necessity to permit the sale of beer and wine for off-premises consumption in conjunction with an existing service station and accessory convenience market for certain real property situatedin the Cityof Anaheim, County of Orange, State of California, as more particularly described in Exhibit“A” attached hereto and incorporated by this reference. WHEREAS, the Planning Commissiondid hold a public hearing at the Civic Center in the City of Anaheim onNovember24, 2008,at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed conditional use permitand 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, does find and determine the following facts: 1.That California State Law requires a Determination of Public Convenience or Necessity when property is located in a police reporting district with a crime rate above the city average; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would resultin, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. -1-PC2008-*** 2.That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and that said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 3.That this property is located within Reporting District 1426, which has a crime rate of 3 percent below the City average. This property is also located within Census Tract No. 864.04 which has a population of 6,217. This census tract allows for four licenses and there are currently four licenses in the tract. Since the requested beer and wine license will create an over concentration of ABC licenses in the census tract, a determination of public convenience or necessity will be required for this request. 4.That there are ABC licenses for off-premises sale and consumption in the nearby vicinity of the subject site; however, the conditions of approval will ensure that approval of this request will not adversely affect any adjoining land use or the growth and development of the surrounding area. 5.That the Determination of Public Convenience or Necessity can be made based on the finding that the license requested isconsistent with the Planning Commission guideline for such determinations. 6.That beer and wine sales for off-premises consumption will be accessory to the general retail sales of the existing convenience market. The retail store with accessory beer and wine sales will provide a convenience to patrons visiting the area for various types of merchandise, dining, recreational activities, and personal services. Therefore, the requested off- sale license will not be detrimental to the area provided that restrictions on the sales of beer and wineare included in the approval. 7.That the sale of beer and winewill continue to be an ancillary component of the business and the primary focus of the operations will be on maintaining a convenience store where residents and tourists alike will be able to purchase everyday necessities such as perishable goods, general household products, packaged food products, and hot and cold beverages. 8.That there are no schools or public parks adjacent to or within 500feet of the subject site. 9.That the Anaheim Police Department recommends approval ofthe proposed sales of beer and wine for off-premises consumption andrecommends conditions of approvalthat are described in Exhibit“B” attached hereto and incorporated by this reference. 10.That *** indicated their presence at the public hearing in opposition; and that *** correspondence was received in opposition to the subject request. 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. -2-PC2008-*** NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby determine that the public convenience or necessity will be served to permit the sale of beer and wine for off-premises consumption in conjunction with an existing service station and accessory convenience marketsubject to the conditions of approval described in Exhibit “B” attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the 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 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 Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November24, 2008. 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 PLANNINGCOMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3-PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I,Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November24, 2008, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my handthis ________ day of November, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4-PC2008-*** EXHIBIT “A” PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00050 -5-PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2008-05327 Responsible for No.Conditions of Approval Monitoring GENERAL 1That there shall be no exterior advertising or sign of any kind or Police/Code type, including advertising directed to the exterior from within, Enforcement promoting or indicating the availability of beer and wine. Interior displays of beer and wine or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2That no display of beer and wine shall be located outside of a Police/ Code building or within five (5) feet of any public entrance to the Enforcement building. 3That the area of beer and wine displays shall not exceed 25% of Police/Code the total display area in a building. Enforcement 4That sale of beer and wine beverages shall be made to customers Police/Code only when the customer is in the building. Enforcement 5That no person under 21 years of age shall sell or be permitted to Police/Code sell beer and wine.Enforcement 6That beer and malt beverages shall not be sold in packages Police/Code containing less than a six (6) pack, and wine coolers shall not be Enforcement sold in packages containing less than a four (4) pack. No other wine shall be sold in bottles or containers of less than 750 ml. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., orsimilar size containers shall be prohibited. 7That the possession of alcoholic beverages in open containers Police/Code and the consumption of alcoholic beverages are prohibited on or Enforcement around these premises. 8That the parking lot of the premises shall be equipped with Police/Code lighting of a minimum 1 foot candle power to illuminate and Enforcement make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. -6-PC2008-*** 9That there shall be no amusement machines, video game Police/Code devices, or pool tables maintained upon the premises at any Enforcement time. 10That there shall be no public telephones on the property that are Police/Code located outside the building and within the control of the Enforcement applicant. 11That the gross sales of alcoholic beverages shall not exceed 35 Police/Code percent of all retail sales duringany three (3) month period. The Enforcement applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 12That the petitioner shall be responsible for maintaining the area Police/Code adjacent to the premises over which they have control, in an Enforcement orderly fashion through the provision of regular maintenance and removal of trash or debris.Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 13That the rear door(s) shall be kept closed at all times during the Police/Code operation of the premises except in the cases of emergency and to Enforcement permit deliveries. Said door(s) shall not consist entirely of a screen door or ventilated security door. 14That signs shall be prominently posted at the wine storage and the Police/Code cash register area reading: “Wine coolers may be purchased on Enforcement these premises only in quantities of a four-pack or more.” 15That the hours of operation for the convenience market shall be Police/Code consistent with the hours as indicated in the application form on Enforcement file with the City of Anaheim Planning Department. The doors to the convenience market shall be locked at 12 a.m. and can be opened at 6 a.m. 16That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. -7-PC2008-*** 17That approvalof this application constitutes approval of the Planning proposed request only to the extent that is complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -8-PC2008-*** ßÌÌßÝØÓÛÒÌ ÒÑò í City of Anaheim ÐÑÔ×ÝÛ ÜÛÐßÎÌÓÛÒÌ Special Operations Division Ì±æÜ¿ª» Í»» Ð´¿²²·²¹ Ü»°¿®¬³»²¬ Ú®±³Ô·»«¬»²¿²¬ Ü±² Õ´»·² : Ê·½»ô Ò¿®½±¬·½ô ¿²¼ Ý®·³·²¿´ ×²¬»´´·¹»²½» Þ«®»¿« Ý±³³¿²¼»® Ü¿¬»æÖ«²» ïðô îððè ÎÛæ ÝËÐîððèóðëíîé Ë²·±² éê ïîðð Òò Û¿¬ Í¬®»»¬ ß²¿¸»·³ô Ýß çîèðë The Police Department has received an I.D.C. Route Sheet for CUP File2008- 05327.The applicant is requesting to permit the sale of beer and wine for off- site consumption at an existing service station and convenience store. The location is within Reporting District 1426, which has a Crime Rate of 3 percent belowaverage. It is also within Census Tract Number 864.04which has a population of 6,217. This population allows for 4off sale Alcoholic Beverage Control licenses and there are presently 4licenses in the tract. It also allows for 7on sale licenses and there are presently 3licenses in the tract. The census tract boundaries are: North91 Freeway SouthLa Palma EastState College WestEast Please see attachedcensus tract map forlicenses in the immediate vicinity. The census tracts surrounding this location are as follows: North –Fullerton South –864.05population 6,699 On Sale allowed 8/active 5Off Sale allowed 4/active 4 West –865.02population 6,678 On Sale allowed 8/active 5Off Sale allowed 4/active 3 Memorandum Dave See Union 76 Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765.1665 East –864.02population 5,336 On Sale allowed 6/active 1Off Sale allowed 4/active 3 Additional Census Tract information: North West –Fullerton North East –Fullerton South West –865.02population 6,678 On Sale allowed 8/active 2Off Sale allowed 4/active 3 South East –864.02population 5,336 On Sale allowed 6/active 1Off Sale allowed 4/active 3 This location has had 8calls for servicein the last year.They consist of: 3 disturbance, 1 stolen vehicle recovery, 1 petty theft, 1 restraining order, 1 forgery, and 1 grand theft. Of these fourreports were taken. The Reporting District north of the location is in the City of Fullerton. The Reporting District east is 1427; it has a crime rate of 115%aboveaverage. West is 1425; with a rate of 6%aboveaverage, and south of the location is 1526; with a crime rate of 122%above average. The Police Department does not oppose this request. We do not feel this license will be detrimental to the surrounding neighborhood. This will be an over concentration of Alcoholic Beverage Control licenses in the census tract so the applicant will have to obtain a ruling of Public Convenience or Necessity. If P.C. or N. is granted the Police Department requeststhat the following conditions areplaced on the Conditional Use Permit: 1)There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2)No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. 3)The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Memorandum Dave See Union 76 4)Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Page 2 5)No person under 21years of age shall sell or be permitted to sell beer or wine. 6)Beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and wine coolers shall not be sold in packages containing less than a four (4) pack. 7)The sales of beer or malt beverages in quantities of pints, quarts, 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. 8)The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages areprohibited on or around these premises. 9)The parking lot of the premises 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. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 10)There shall be no amusement machines, video game devices,or pool tables maintained upon the premises at any time. 11)There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 12)The gross sales of alcoholic beverages shall not exceed 35 percent 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. 13)Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 14)The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. Memorandum Dave See Union 76 15)Wine shall not be sold in bottles orcontainers smaller than 750 ml and wine-coolers must be sold inmanufacturer pre-packaged multi- unit quantities. Page 3 16)Doors to the convenience market shall close and lock at Midnight. There shall be no sales of Alcohol between midnight and 6 a.m. Please contact Sgt. Allan Romanat extension 1451 if you require further information in regards to this matter. f:\home\mmirwin\CUP\2008-053271200 N East Union 76.doc Page 4 ðëðïðð ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ÍÝÛÒ×Ý ÝÑÎÎ×ÜÑÎ øÍÝ÷ ÑÊÛÎÔßÇ ÆÑÒÛò ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ê¿®·¿²½» Ò±ò îðððóðììðé Ì®¿½µ·²¹ Ò±ò ÊßÎ îððèóðìéêð éêëïóéêéí Û¿¬ Ý±®¬± Î±¿¼ ¿²¼ íéðóíéï Í±«¬¸ Ì·³µ»² Î±¿¼ ïðêìê ×¬»³ Ò±ò ì ÊßÝßÒÌ ï ÜË ÍÐ èéóï ÑÐÛÒ ÍÐßÝÛ ÜÛÛÎ ÝßÒÇÑÒ ÐßÎÕ ÊßÝßÒÌ ÎØóî ÊßÝßÒÌ ÎØóî ÊßÝßÒÌ ÎØóî ÊßÝßÒÌ ËÒÜÛÎ ÎØóî ÎØóî ÝÑÒÍÌÎËÝÌ×ÑÒ ï ÜË ÛßÝØ ÎÝÔ éîóéíóëï ÎÝÔ éîóéíóìé ÎØóî ÌóÊßÎ îððèóðìéêð ÎØóî ÊßÝßÒÌ ï ÜË ÊßÎ îðððóðììðé ÊßÎ ììðé ßÜÖ ððëç ÌÐÓ ïçççóïçì ÌÌÓ ïìííì ÎØóî øÊßÎ ìðîê÷ ï ÜË ÊßÝßÒÌ ÎØóî ï ÜË ÛßÝØ ÎØóî ï ÜË ÎØóî ÊßÝßÒÌ ÎØóî ÎØóî ï ÜË ÛßÝØ ÎØóî ÎØóî ÊßÝßÒÌ ï ÜË ÛßÝØ ÎØóî ÊßÝßÒÌ ÊßÝßÒÌ ðëðïðð p ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ÍÝÛÒ×Ý ÝÑÎÎ×ÜÑÎ øÍÝ÷ ÑÊÛÎÔßÇ ÆÑÒÛò Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ê¿®·¿²½» Ò±ò îðððóðììðé Ì®¿½µ·²¹ Ò±ò ÊßÎ îððèóðìéêð éêëïóéêéí Û¿¬ Ý±®¬± Î±¿¼ ¿²¼ íéðóíéï Í±«¬¸ Ì·³µ»² Î±¿¼ ïðêìê ßÌÌßÝØÓÛÒÌ ÒÑò ï [DRAFT]ATTACHMENT NO. 2 RESOLUTIONNO.PC2008-*** ARESOLUTIONOF THE ANAHEIM PLANNING COMMISSION DETERMINING THATA PREVIOUSLY-APPROVED CEQANEGATIVE DECLARATIONIS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION ANDAPPROVING AN AMENDMENT TO VARIANCE NO. 2000-04407 AND RESOLUTIONNO.PC2001-16(TRACKING NO. VARIANCE NO. 2008-04760) (7651-7673 EAST CORTO ROAD AND 370 –371 SOUTH TIMKEN ROAD) WHEREAS, on January 29, 2001, the Anaheim City Planning Commission, by its Resolution No. PC2001-16, did approve Variance No. 2000-04407with a waiver of maximum number of panhandle lots to establish a 4-lot single family residential subdivision; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Variancetomodify conditions of approval related to pad elevation heights and request smaller setbacks than required by code to construct four new single family residences,for certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. WHEREAS, the property is currently vacant and is located in the Single-Family Hillside Residential (RH-2) zone, Scenic Corridor (SC) Overlay; and the Anaheim General Plan designates this property for Estate Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onNovember 24, 2008,at2:30 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 variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That the petitionerrequestswaiversof the followingto construct four new single familyresidences: (a)SECTION NO. 18.04.100.010Minimum Front Yard Setback(10- 20feetproposed;25feetrequired). (b)SECTION NO. 18.04.100.010Minimum Side Yard Setback(2-14 feet proposed;10-15feet required). (c)SECTION NO. 18.04.100.010Minimum RearYard Setback(12- 17feet proposed;25feet required). -1-PC2008-*** 2.That special circumstances apply to the subject property because the propertyis unique in size and shape in comparison to the surrounding RH-2 zoned properties. Moreover, the lot depth, configuration, and orientation are existing conditions of the property and these site constraints would make it difficult to construct homes without the need for the requested setback waivers. 3.Thatstrict application of the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in the vicinityandwill provide the opportunity for development of this parcel and implementation of the General Plan land use designation. 4.That ***indicated their presence at said public hearing in opposition; and that ***correspondence was received in opposition to the subject request. NOW THEREFORE BE IT RESOLVED thatthe Anaheim Planning Commission has reviewed the proposal and does hereby find that apreviously-approved Negative Declaration in connection with Variance No. 2000-04407 (Tracking No. Variance 2008-04760)is adequate to serve as the required environmental documentation in connection with this request. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Variance No. 2000-04407as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2001-16, as adopted in connection with Variance No. 2000-04407,as described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant’s compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofNovember 24, 2008. 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. -2-PC2008-*** CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I,Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held onNovember 24, 2008 by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of November,2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3-PC2008-*** EXHIBIT “A” VARIANCE NO. 2000-04407 (TRACKING NO. VARIANCE NO. 2008-04760) -4-PC2008-*** EXHIBIT “B” VARIANCE NO. 2000-04407 (TRACKING NO. VARIANCE NO. 2008-04760) Responsible No.Conditions of Approvalfor Monitoring PRIOR TO ISSUANCE OF A BUILDING PERMIT 1That the frontage of Corto Road adjacent to Parcels1and 4Public Works shall be improved per Standard Detail No.163.AStreet Development Improvement Plan shall be submitted and a performance bond Services shall be posted for the four new houses. Prior to final zoning and building inspection of a new house on Parcel 1,the construction of Corto Road shall be completed. 2That a gate shall be installed on Parcel 3 which would provide Planning, a barrier between Parcels 3 and 4. The gate shall be equipped Public Works with a Knox lock as approved by the Fire Department. The Development location and design of the barrier shall be reviewed and Services, approved by the Public Works and Fire Departments prior to Fire issuance of building permits for Parcels 3 and 4 or prior to installation of the driveway providing access to either Parcels 3 or 4, whichever occurs first.Construction plans submitted for building permits for Parcels 3 and 4 shall show the location of the gate. 3That a fire access road for all four parcels shall be reviewed Fire and approved by the Fire Department. An easement over the fire access road for emergency purposes shall be offered for dedication to the City of Anaheim. 4That within ninety (90) days of the date of this resolution, or Public Works prior to the issuance of the first building permit, whichever Development occurs first,a conformed copy or a copy of agreements to Services record easement deeds shall be submitted for the following: Aneasement over Parcel 4 for ingress and egress and drainage in favor of Parcel 1,and drainage in favor of Parcel 3; Aneasement over Parcel 2 for drainage in favor of Parcel 4. Aneasement over Parcel 2 for ingress and egress in favor of Parcel 3. Aneasement over Parcel 2 for sewer in favor of Parcels 1, 3 and 4. Aneasement over Parcel 3 for sewer in favor of Parcels 1 and 4. -5-PC2008-*** Aneasement over Parcel 4 for sewer in favor of Parcel 1. Aneasement over Parcel 1 for water in favor of Parcels 2, 3 and 4. Aneasement over Parcel 2 for water in favor of Parcels 1, 3 and 4. Aneasement over Parcel 3 for water in favor of Parcels 1, 2 and 4. Aneasement over Parcel 4 for sewer and water in favor of Parcels 1, 2 and 3. GENERAL 5The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plansare on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. 6Approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State, and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -6-PC2008-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððëóðëðíé Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíêð èèé Í±«¬¸ ß²¿¸»·³ Þ±«´»ª¿®¼ ïðêíç ×¬»³ Ò±ò ë ÌóÎÝÔ îðððóðððíí ÎÝÔ îðððóðððîí ÎÝÔ ëçóêðóçè ÎÝÔ ëëóëêóë ÌóÝËÐ îððèóðëíêð ÌóÝËÐ îððêóðëïêî ÝËÐ îððëóðëðíé ÝËÐ îîïë ÌóÙÐß îðððóððíèí ÙÐß îðððóððíéê ÍÝÉ îððëóðððîç ÍÝÉ îððìóðððîè øÝËÐ îððêóðëïðé÷ øÝËÐ ïìéð÷ ðëðïðð p Ú»»¬ Ò±ª»³¾»® îìô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððëóðëðíé Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíêð èèé Í±«¬¸ ß²¿¸»·³ Þ±«´»ª¿®¼ ïðêíç [DRAFT]ATTACHMENT NO. 1 RESOLUTIONNO.PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY APPROVED CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION ANDAPPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2005-05037AND RESOLUTION NO. ZA2005-27 (TRACKING NO. CONDITIONAL USE PERMIT NO. 2008-05360) (887 SOUTH ANAHEIM BOULEVARD) WHEREAS, on November 10, 2005, the Anaheim City Zoning Administrator, by its Resolution No. ZA2005-27, did approve Conditional Use Permit No.2005-05037to permit the sale of alcoholic beverages for on-premises consumption in an existing restaurant with outdoor dining with waiver of minimum number of parking spaces; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for aConditional Use Permit to amend a previously-approved permit to construct a new permanent accessory dining buildingin place of an existing tent which is used for outdoor dining and events in conjunction with an existing restaurant, continue the sale of alcoholic beverages for on-premises consumption, with fewer parking spaces than required by Code, a reduced building setback adjacent to Anaheim Boulevard, and a higher fence height than allowed by Code, for certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. WHEREAS, the property is currently developed with arestaurantoccupying a historically significant building, anoutdoor dining area,andan existing tent and is zoned General Commercial (C-G); the Anaheim General Plan designates this property for General Commercial land uses; this property is also located within the Merged Redevelopment Project Area;and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onNovember 24, 2008 at2:30 p.m.notice of said public hearing having been duly given as required by law and in accordance with the provisions ofthe Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That the petitionerrequestswaiversof the followingto amend apreviously- approved permit to construct a new permanent accessory dining buildingin place of an existing tent which is used for outdoor dining and events in conjunction with an existing restaurant and continue the sale of alcoholic beverages for on-premises consumption: -1-PC2008-*** (a)SECTION NO. 18.04.100.010Minimum Front Yard Setback (1-foot proposed to ultimate right-of- way boundary;15 feetrequired). (b)SECTION NO. 18.42.040.010Minimum Number of Parking Spaces (59spaces existing and proposed; 112spaces required). (c)SECTION NO. 18.46.110.030Maximum Fence Height (6feet high proposed within the front yard setback; 3feet high permitted). 2.That special circumstances apply to the subject property because theproperty is unique in size and shape in comparison to the surrounding C-G zoned properties. The property has a narrow frontage and deep lot configuration and is occupied with a historically significant building that is setback 89 feet from the Anaheim Boulevard frontage. Since the lot width, depth, configuration, and orientation of the building are existing conditions of the property, these site constraints would make it difficult to further develop the property without the need for the requested waivers. 3.That the parking waiver is hereby approved based on the conclusions contained in a previously approved parking waiver in conjunction with Conditional Use Permit No. 2005- 05037. The study indicates thattwo off-site locations, a valet parking service, and curbside parking along Anaheim Boulevard and Midway Manor Street provide additional overflow parking for the restaurant. The total amount of parking on the subject site and the off-site locations combined is 138 spaces, which is 26 spaces in excess of the Code requirements. Moreover, this request for an accessory dining building does not increase the parking requirement because the previously-approved parking waiver included the outdoor dining area in the same area where the accessory buildingwill be located. Therefore, based on the information contained in the parking study, the requested parking variance will not cause fewer off-street parkingspaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 4.That the request toconstruct an accessory dining building toinclude the sale of alcoholic beverages foron-premises consumption in conjunction with an existing restaurant in the General Commercial (C-G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section18.08.030.010 (Alcoholic Beverage Sales –Off- Sale). 5.That the proposed outdoor dining area and alcoholic beveragesales and consumption would not adversely affect the adjoining commercial and residential land uses and the growth and development of the area in which it is proposed to be located. 6.That the size and shape of the site for the outdoor dining area 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. -2-PC2008-*** 7.That the traffic generated by the restaurant would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the restaurant is consistent with the types of commercial uses along Anaheim Boulevard. 8.That the Anaheim Police Department recommends approval ofthe proposed dining area andsales of alcoholic beverages foron-premises consumption andrecommends conditions of approval that are described in Exhibit“B” attached hereto and incorporated by this reference. 9.That ***indicated their presence at said public hearing in opposition;and that ***correspondence was received in opposition to the subject request. NOW THEREFORE BE IT RESOLVED thatthe Anaheim Planning Commission has reviewed the proposal and does hereby find that apreviously-approved Negative Declaration in connectionwith Conditional Use Permit No.2005-05037 (Tracking No. CUP2008-05360)is adequate to serve as the required environmental documentation in connection with this request. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 2005-05037as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with Zoning Administrator Resolution No. ZA2005-27, as adopted in connection with Conditional Use Permit No. 2005-05037, as described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or 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 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, shallbe deemed null and void. BE IT FURTHER RESOLVED, that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofNovember24, 2008. Said resolution is subject to the appeal provisions set forth in -3-PC2008-*** Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I,Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held onNovember 24,2008 by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of November,2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4-PC2008-*** EXHIBIT “A” CONDITIONAL USE PERMIT NO. 2005-05037 (TRACKING NO. CUP NO. 2008-05360) -5-PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2005-05037 (TRACKING NO. CUP NO. 2008-05360) Responsible for No.Conditions of Approval Monitoring TIMING: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1That the property owner shall irrevocably offer to dedicate Public Works to the City of Anaheim an easement 53 feet in width from Development the centerline of the street along Anaheim Boulevard for Services street widening purposes. 2That the property owner shall submit an application for aPublic Works Subdivision Map Act Certificate of Compliance to the Development Public Works Department, Development Services Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 3That a detailed landscapingplan for subject property Planning shall be submitted to the Planning ServicesDivision for review and approval. Any proposed landscaping adjacent to the driveway shall be subject to the review and approval of the City to determine adequate lines-of-sight.Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission. 4That plans shall be submitted to the City Traffic and Public Works Transportation Manager for his review and approval in Traffic conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the landscaping and/or fencing adjacent to the driveway. 5That plans shall be submitted to and approved by the Public Works City Traffic and Transportation Manager indicating how Traffic the vehicular security gates and vehicle turn-around area will functionin compliance with Engineering Standard No. 475. TIMING: PRIOR TO FINAL ZONING INSPECTION 6That the existing driveway approach and concrete Public Works sidewalk along Anaheim Boulevard shall be removed and Development reconstructed per Engineering StandardDetail 115-B and Services 110-B, respectively. A Right-of-Way Construction -6-PC2008-*** Permit shall be obtained from Public Works, Development Services for all work performed in the right-of-way. 7That the landscaping in the rear parking lot shall be Planning, Code refurbished and maintained in compliance with City Enforcement standards. GENERAL CONDITIONS 8That the height of the shrubbery located within the 7-Code Enforcement foot wide landscape planter adjacent to Anaheim Boulevard shall not exceed the height of the fence as allowed under this permit. 9That the permitted event or activity shall not create sound Police, levels which violate any ordinance of the City of Anaheim Code Enforcement and shall not cause noise disturbance to surrounding properties. 10That the applicant shall monitorthe area under their Police, control in an effort to prevent the loitering of persons Code Enforcement about the premises. 11Thatall doors serving the restaurant shall conform to the Fire requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. 12That trash storage areas shall be provided and Planning, maintained in a location acceptable to the Public Works Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. 13That adequate lighting at a minimum one foot candle Police, shall beprovided consistent with Police department Code Enforcement guidelines for parking lots, driveway, circulation areas, aisles, passageways, recesses and ground contiguous to buildings to provide adequate illumination to make clearly visible the presence of any person on orabout the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite.Parking lot lighting shall be directed, positioned, and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. -7-PC2008-*** 14That there shall be no live entertainment, amplified music Police, or dancing permitted on the premises at anytime without Code Enforcement issuance of proper permits as required by Title 4 of the Anaheim Municipal Code. 15Thatthe business shall not employ or permit any persons Police, to solicit or encourage others, directly or indirectly, to buy Code Enforcement them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan,scheme or conspiracy. 16That the sale of alcoholic beverages for consumption off Police, the premisesshall not be permitted. Code Enforcement 17That there shall be no exterior advertising or sign of any Police, kind or type, including advertising directed to the Code Enforcement exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 18That arequirement to purchase a minimum number of Police, drinksor any promotion for reduced alcoholic beverage Code Enforcement price shall not be allowed at any time. 19That signs shall be posted at all exits of the premises Police, indicating the prohibition of alcoholic beverages from Code Enforcement leaving the confines of the establishment. 20At all times when the premise is open for business, the Police, premise shall be maintained as a bona fide restaurant and Code Enforcement shall provide a menu containing an assortment of foods normally offered in such restaurant. 21That there shall be no pool tables maintained upon the Police, premises unless the proper permits have been obtained Code Enforcement from the City of Anaheim. 22That the sales of alcoholshall not exceed 40% of the Police, gross sales of all retail sales during any three (3) month Code Enforcement period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholand other items. These records shall be made available, subject to audit and, when requested inspection by any City of Anaheim official during reasonable business hours. -8-PC2008-*** 23That there shall be no public telephones on the property Police, that are located outside the building and within the Code Enforcement control of the applicant. 24That at all times when entertainment or dancing is Police, permitted,security measuresshall be provided to the Code Enforcement satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 25That restaurant management shall not permit any public Police, nuisance in the outdoor dining area, including but not Code Enforcement limited to, unruly behavior by patrons, or any interaction with passersby, which may contribute to unruly behavior on the street, or in the parking lot. 26That the business operator shall comply with Section Police, 24200.5 of the Business and Professions Code so as not Code Enforcement to 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. 27That subject alcoholic beverage license shall not be Police, exchanged for a public premises (bar) type license nor Code Enforcement shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. 28That entertainment provided on the premises shall not be Police, audible beyond the area under control of the applicant. Code Enforcement 29That the property shall be permanently maintained in an Code Enforcement orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 30The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 2, and3, and as conditioned herein. -9-PC2008-*** 31That timing for compliance with conditions of approval Planning 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. 32That approval of this application constitutes approval of Planning 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 asto compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 33That extensions for further time to complete conditions Planning of approval may be granted in accordance with Section 18.60.170 of the AnaheimMunicipal Code. -10-PC2008-*** ßÌÌßÝØÓÛÒÌ ÒÑò î ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì