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PC 2008/09/29Anaheim Planning Commission Agenda Monday, September 29, 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 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the September 29, 2008 agenda 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 in the 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: 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 September 3, 2008. Continued from the September 15, 2008 Planning Commission meeting. NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. ITEM 1B Receiving and approving the Minutes from the Planning Motion Commission Meeting of September 15, 2008. NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. 09/29/08 Page 2 of 9 Public Hearing Items: ITEM NO. 2 CEQA MITIGATED NEGATIVE DECLARATION Staff Report (PREVIOUSLY-APPROVED) AND New Correspondence CONDITIONAL USE PERMIT NO. 3939 (Tracking No. CUP2008-05311) Owner: Changiz and Rebecca Zomorodian 301 South Anaheim Boulevard Anaheim, CA 92805 Applicant: Milad Oueijan B-Hive Group 2751 Rio Lempa Drive Hacienda Heights, CA 91745 Location:301 and 327 South Anaheim Boulevard: This property is approximately 1.35 acres, having a frontage of 263 feet on the south side of Broadway, 315 feet on the west side of Anaheim Boulevard and 116 feet on the north side of Elm Street. Project Planner: Request to permit a two-story retail and storage addition to an Elaine Thienprasiddhi existing service station and full-service car wash with fewer ethien@anaheim.net parking spaces than required by code. 09/29/08 Page 3 of 9 ITEM NO. 3 CEQA CATEGORICAL EXEMPTION, CLASS 1 AND Staff Report CONDITIONAL USE PERMIT NO. 2008-05330 New Correspondence Owner: Mariano Molteni Architectural Inc. 1505 North State College Boulevard Anaheim, CA 92806 Applicant: Greg McCafferty 901 Dove Street, #140 Newport Beach, CA 92660 Location:1505 North State College Boulevard: This property is approximately 0.51 acres and is located at the northwest corner of State College Boulevard and Via Burton Street with frontages of 138 feet on the north side of Via Burton Street and 138 feet on the west side of State College Boulevard. Project Planner: Request to permit the wholesale and retail sales of architectural Scott Koehm salvage materials with fewer parking spaces than required by skoehm@anaheim.net Code, structural and landscaped setbacks adjacent to State College Boulevard and Via Burton Street that are less than required by Code, and a fence that is taller than permitted by Code. 09/29/08 Page 4 of 9 ITEM NO. 4 CEQA ENVIRONMENTAL IMPACT REPORT NO. 330 Staff Report (PREVIOUSLY-CERTIFIED) AND New Correspondence ZONING CODE AMENDMENT NO. 2008-00070 Applicant: Jean Mullis 17311 South Main Street Gardena, CA 90248 Location: Citywide Project Planner: Request to amend Title 18 (Zoning) of the Anaheim Municipal Scott Koehm Code to permit pump top video monitors at service stations. skoehm@anaheim.net 09/29/08 Page 5 of 9 ITEM NO. 5 CEQA SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Staff Report NO. 332 AND ITS ADDENDUM DATED SEPTEMBER 2005 New Correspondence (PREVIOUSLY APPROVED) AND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-00008 (TRACKING NO. DAG2008-00006) Request for continuance Owner: Lennar Platinum Triangle, LLC to October 13, 2008 25 Enterprise Aliso Viejo, CA 92656 Applicant: Donna Kelly Lennar 25 Enterprise Aliso Viejo, CA 92656 Location:1404 East Katella Avenue: This property is approximately 41.4 gross acres, generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of Betmor Lane.Approximately 7.1 gross acres are located with The Platinum Triangle, Gene Autry District, and 34.3 gross acres are within The Platinum Triangle, Katella District. Project Planner: Request to amend the Development Agreement to extend the Ted White term by an additional three years. This would provide for the twhite@anaheim.net development of a previously-approved master planned community with up to 2,681 dwelling units, up to 150,000 square feet of commercial uses, two public parks, public streets and related infrastructure in four phases over a period of 23 years. 09/29/08 Page 6 of 9 ITEM NO. 6 CEQA CATEGORICAL EXEMPTION CLASS 1 AND Staff Report AMENDMENT TO CONDITIONAL USE PERMIT NO. 3843 New Correspondence (TRACKING NO. CUP2008-05337) Owner Shakour Cyrus and 2600 West Lincoln Avenue Applicant: Anaheim, CA 92801 Location:2600 West Lincoln Avenue: This property is approximately 0.32 acres and is located at the southwest corner of Lincoln Avenue and Magnolia Avenue and has frontages of 128 feet on the south side of Lincoln Avenue and 85 feet on the west side of Magnolia Avenue. Project Planner: Request to amend and reinstate an existing automobile repair David See facility with a deletion of a time limitation. dsee@anaheim.net Adjourn to Monday, October 13, 2008 at 1:00 P.M. for Preliminary Plan Review 09/29/08 Page 7 of 9 S C H E D U L E 2008 October 13 October 27 November 10 November 24 December 8 December 22 (Cancelled) 09/29/08 Page 9 of 9 ×¬»³ Ò±ò î ðëðïðð p Ú»»¬ Í»°¬»³¾»® îçô îððè Í«¾¶»½¬ Ð®±°»®¬§ ¤ çï Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíïï íðï ¿²¼ íîé Í±«¬¸ ß²¿¸»·³ Þ±«´»ª¿®¼ ïðëëì ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Í»°¬»³¾»® îçô îððè Í«¾¶»½¬ Ð®±°»®¬§ ¤ çï Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíïï íðï ¿²¼ íîé Í±«¬¸ ß²¿¸»·³ Þ±«´»ª¿®¼ ïðëëì ITEM NO. 2 PLANNING COMMISSION AGENDA City of Anaheim PLANNING DEPARTMENT DATE:SEPTEMBER 29, 2008 FROM: PLANNING SERVICES MANAGER ELAINE THIENPRASIDDHI, PROJECT PLANNER SUBJECT:CONDITIONAL USE PERMIT NO. 3939 (Tracking No. CUP2008-05311) WITH WAIVER OF A CODE REQUIREMENT LOCATION: 301 and 327 South Anaheim Boulevard APPLICANT/PROPERTY OWNER : The applicant is Milad Oueijan with B-Hive Group, the project architect, and the property owner is Jerry Zomorodian. REQUEST: The applicant requests 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. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that the previously-approvedNegative Declaration serve as the appropriate environmental documentation and approving Conditional Use Permit No. 3939 with a waiver of code requirement. BACKGROUND: The project site is comprised of two parcels. The addition is proposed on the parcel which is developed with a service station, convenience market and full-service car wash. The adjacent parcel to the south is improved with a three-unit retail building. This parcel has been included as part of this project because of an existing parking and access easement between the two parcels. The service station, carwash and convenience market are located in the General Commercial (C-G) zone and the three unit retail building is within the Industrial (I) zone. The Anaheim General Plan designates both properties and all adjacent properties for Mixed Use. Conditional Use Permit No. 3939 to construct a 3,750 square foot service station with a convenience market with retail sales of beer and wine, a drive through car wash and two fast food restaurants was approved by the City Council on July 15, 1997. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 3939 September 29, 2008 Page 3 of 4 Attachments: 1.Project Summary 2.Draft Resolution 3.Previous Resolution (Resolution No. 97R-137, dated July 15, 1997) The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 4.Parking Study 5.Previous Staff Report (June 9, 1997) 6.Exhibits (Site Plan, Floor Plan, Roof Plan, Elevations, Existing Site and Floor Plan, Existing Roof Plan and Colored Elevations) 7.Site Photographs ATTACHMENT NO. 1 PROJECT SUMMARY CONDITIONAL USE PERMIT NO. 3939 Development Standard Proposed ProjectC-G and I Zone Standards Site Area 1.35 acres N/A Parking5887 Building Setbacks for Addition: North (adj. to Broadway) N/AN/A South (adj. to apartments) 52.5 feet None East (adj. to Anaheim Blvd.) 147 feet 15 feet West20 feet None Building Height 28 feet 75 fee PARKING SUMMARY Parking Required UseSize RatioRequired Retail5,515 s.f. 5.5 space/1,000 s.f. 30.3 spaces N/A1 space, plus drying Carwash1 space* area for 5 vehicles Restaurant (Walk-Up) 2,960 s.f. 16 spaces/1,000 s.f. 47.3 Restaurant (Full-Service) 1,0008 spaces/1,000 s.f. 8 Total87 * Drying area for at least five vehicles is provided at the carwash tunnel exit. ATTACHMENT NO. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3939 WITH A WAIVER OF A CODE REQUIREMENT AND AMENDING RESOLUTION NO. 97R-137, (301 SOUTH ANAHEIM BOULEVARD) 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, the project site encompasses two parcels. One parcel is currently developed with a service station, convenience market and full-service car wash and is located within the General Commercial (C-G) zone. The adjacent parcel to the south is developed with a three-unit retail building and is located within the Industrial (I) zone. The Anaheim General Plan designates both parcels for Mixed Use; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition 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 for an amendment to Conditional Use Permit No. 3939 to permit a two-story retail and storage addition to an existing service station and full-service car wash with waiver of the following provision of the Anaheim Municipal Code: SECTION 18.42.040.010 Minimum number of parking spaces (87 spaces required; 58 spaces proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 29, 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 request 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 - PC2008-*** 1. That the proposed request to permit a two-story retail and storage addition is properly one for which a conditional use permit is authorized under Code Section 18.08.030.010 of the Anaheim Municipal Code. 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the proposal is consistent with other uses and structures already existing on-site and that the existing row of trees separating the site from the adjacent property to the south would remain in place. 3. That the size and shape of the site for the use is adequate to allow the use in a manner not detrimental to either the particular area or health and safety as the proposal is consistent with other uses and structures already existing on-site. 4. That the traffic generated by the use of the property by the existing and proposed uses will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area a portion of the proposed area will be used by the existing convenience market and the new retail space will not result in a significant increase in traffic. 5. That a parking study was prepared by the City’s independent traffic and parking consultant, and the study concludes that the number of parking spaces provided would be adequate to support the existing and proposed uses; and 6. That the granting of the conditional use permit and parking waiver under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 7. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration previously approved in connection with Conditional Use Permit No. 3939 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 3939 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 City Council Resolution No. 97R-137, and as adopted in connection with Conditional Use Permit No. 3939, 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 except as amended herein, Council Resolution No. 97R-137 remains in full force and effect. - 2 - PC2008-*** 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, 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 September 29, 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 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 on September 29, 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 September, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-*** EXHIBIT “A” CONDITIONAL USE PERMIT NO. 3939 - 4 - PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 3939 RESPONSIBLE CONDITIONS OF APPROVAL FOR NO. MONITORING PRIOR TO ISSUANCE OF BUILDING PERMITS OR WITHIN ONE (1) YEAR OF THE DATE OF THIS RESOLUTION 1.That 4 foot high street address numbers shall be displayed on the roof Police of the building in contrasting color to the roof material. The lines of the numbers are to be a minimum of six inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should face the street to which the structure is addressed. The numbers shall not be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted for building permits. 2.That plans shall be submitted showing conformance with the current Public Works version of Engineering Standard Details 436 and 470 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 3.That all requests for new water services or fire lines, as well as any Public Utilities - modifications, relocations, or abandonment of existing water services Water and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 4.That any required relocation of City electrical facilities will be at the Public Utilities - property owner’s expense. Landscape and/or hardscape screening of Electrical all pad-mounted equipment will be required and shall be outside the easement area of the equipment. 5.That subject property shall be developed substantially in accordance Planning 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 through 6, and as conditioned herein. GENERAL 6.That no propane tanks shall be permitted on site. Planning 7.That the sale of alcoholic beverages in the convenience market shall Police 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. - 5 - PC2008-*** RESPONSIBLE CONDITIONS OF APPROVAL FOR NO. MONITORING 8.That no display of beer or wine shall be located outside the building or Police within 5 feet of any public entrance to the building. 9.That the areas of beer or wine displays shall not exceed twenty five Police percent (25%) of the total display area in the building. 10.That the window signage shall not be permitted. All fixtures, Code Enforcement displays, merchandise and other materials shall be located a minimum of 3 feet from all window areas. 11.That no advertising of beer or wine shall be located, placed or Police attached to any location outside the building, and that any such advertising shall not be audible (interior or exterior). 12.That no video, electronic or other amusement devices or games shall Code Enforcement be permitted anywhere on the subject property. 13.That the sale of alcoholic beverages shall be made to customers only Police when the customer is inside the building. 14.That no person under twenty-one years of age shall sell or be Police permitted to sell any beer or wine. 15.That no alcoholic beverages shall be consumed on the premises. Police 16.That the parking lot serving the premises shall be equipped with Police 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. 17.That beer shall not be sold in packages containing less than a six pack Police and that wine coolers shall not be sold in packages containing less than a four pack. 18.That any public telephones proposed on-site shall be located inside the Planning convenience market. - 6 - PC2008-*** RESPONSIBLE CONDITIONS OF APPROVAL FOR NO. MONITORING 19.That the existing trees along the south property line, separating the site Planning from the apartment development, shall not be removed. If removed, they shall be replaced with minimum 36-inch box evergreen trees. 20.That on-going during project operation, no required parking areas Public Works shall be fenced or otherwise enclosed for outdoor storage uses. 21.That on-going during project operation, all exterior doors shall have Police adequate security hardware, e.g. deadbolt locks. 22.The parking lot shall be maintained in good condition free of trash and Planning debris. 23.Timing for compliance with conditions of approval may be amended Planning 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. 24.Extensions for further time to complete conditions of approval may be Planning granted in accordance with section 18.60.170 of the Anaheim Municipal Code. 25.Approval of this application constitutes approval of the proposed Planning 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. - 7 - PC2008-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ×¬»³ Ò±ò í × ÑÎßÒÙÛ ÝÑËÒÌÇ ÉßÌÛÎ Ü×ÍÌÎ×ÝÌ × ÑÎßÒÙÛ ÝÑËÒÌÇ ÌÎßÒÍ×Ì Ü×ÍÌÎ×ÝÌ ÚßÝ×Ô×ÌÇ ÝóÙ ÍÓßÔÔ ÍØÑÐÍ × ÎÝÔ ëëóëêóïð ÝËÐ îððèóðëííð ÝËÐ îðìë × øÊßÎ ïéðë Í÷ ßÒßØÛ×Ó ÉØÛÛÔ ßËÌÑ ÎÛÐß×Î ÝÛÒÌÛÎ × ÓßÖÑÎ × × ÓßÒËÚßÝÌËÎ×ÒÙ ÌÎ× ÍÌßÎ ÓßÝØ×ÒÛ × ÐÔßÍÌ×ÝÍËÒ× Ô×ÌÛ ÍØÑÐ ÍÓßÔÔ ×ÒÜËÍÌÎ×ßÔ Ú×ÎÓÍ Ü×Ò×ÒÙ ú ÍÌÑÑÔÍ ËÒÔ×Ó×ÌÛÜ × × ÝóÙ ßÊ×ÑÒ×Ý ÍÌÎËÝÌËÎÛÍ ÝóÙ × ÍßÞ×Òß ÛÔÛÝÌÎ×Ý Î Ì × ÛÔÛÝÌÎÑÒ×ÝÍ ÓÑÌÛÔ ê × ÍÓßÔÔ ×ÒÜËÍÌÎ×ßÔ Ú×ÎÓÍ ÝóÙ ÜÛÒÒÇÍ ÎÛÍÌò × ×ÒÜËÍÌÎ×ßÔ Ú×ÎÓÍ × ×ÒÜËÍÌÎ×ßÔ Ú×ÎÓÍ ×× × ÌÎÛÚÆ ÐÎ×ÒÌ×ÒÙ ÒßÌ×ÑÒÍ ÎÛÒÌ ÍÌßÌÛ ÑÚ ÝßÔ×ÚÑÎÒ×ß ÜÛÐßÎÌÓÛÒÌ ÑÚ ÝÑÎÎÛÝÌ×ÑÒÍ ðëðïðð p Ú»»¬ Í»°¬»³¾»® îçô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëííð ïëðë Ò±®¬¸ Í¬¿¬» Ý±´´»¹» Þ±«´»ª¿®¼ ïðêïî ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Í»°¬»³¾»® îçô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëííð ïëðë Ò±®¬¸ Í¬¿¬» Ý±´´»¹» Þ±«´»ª¿®¼ ïðêïî ATTACHMENT NO. 1 PROJECT SUMMARY CONDITIONAL USE PERMIT NO. 2008-05330 Development Standard Proposed ProjectI Zone Standards Site Area 0.50 acres N/A Building Setbacks: North0None South (adj. to Via Burton) 35 feet, no landscape 10 feet, fully landscaped East (adj. to State College Blvd.) 18 to 50 feet, 4 feet of 50 feet, fully landscaped, or landscape 20 feet of landscape with the remaining setback use for vehicle circulation and parking West 0 feet None Building Height 18 feet 4 inches 100 feet PARKING SUMMARY Parking Required UseSize RatioRequired Warehouse, showroom, 8,886 s.f. 2.25 space/1,000 s.f.20 spaces office Outdoor display 1,950 s.f. 0.4 space/1,000 s.f. 1 space Total21spaces ATTACHMENT NO. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT NO. 2008-05330 (1505 NORTH STATE COLLEGE BOULEVARD) WHEREAS, this property is developed with vacant service station buildings located in the Industrial zone and the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit 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 for an architectural salvage materials sales facility with waivers of the following provisions of the Anaheim Municipal Code: (a) SECTION 18.42.040.010 Minimum number of parking spaces (15 required; 10 proposed) (b) SECTION 18.10.060.020.0201 Minimum street setback abutting an arterial highway (50 feet required; 18-32 feet proposed) (c) SECTION 18.10.060.020.0203 Minimum street setback abutting a local street (10 feet required; 0 feet proposed) (d) SECTION 18.46.110.030 Maximum fence height (3 feet permitted; 6 feet, 9 inches proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 29, 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, 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.That the request to permit the wholesale and retail sales of architectural salvage materials is properly one for which a conditional use permit is authorized under Code Section No. 18.10.030.040.0402 (Building Material Sales) of the Anaheim Municipal Code. 2.That the operation of the architectural salvage material sales establishment will adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. The property does not have an adequate trash enclosure location and has - 1 - PC2008-*** proposed that the trash hauler empty the trash bin while the trash truck is located in the street, and leave the trash bin the street to be returned by the business operator. 3.That the size and shape of the site for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because the site is not large enough to accommodate the required parking, necessary vehicle circulation, loading and trash collection as proposed. 4.That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the parking demand for this use is the same as a general industrial use permitted in the industrial zone. 5.That the granting of the conditional use permit will be detrimental to the health and safety of the citizens of the City of Anaheim in part because of the wrought iron fence located at the property line does not meet City standards and the location of the fence could impair the vision of drivers entering and exiting the site to and from State College Boulevard and Via Burton Street. Additionally, the stopping of the trash hauler in the street to empty the trash bin poses a safety hazard as a vehicle blocking a street very near to an intersection. 6.That the variance will cause fewer off-street parking spaces 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. 7.That the variance will increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the property is not providing enough spaces on-site. 8.That the variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 9.That the variance will increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 10.That the variance will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use 11.That there are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity for waiver requests (a), (b), (c), or (d). This property is regularly shaped, without varied topography. 12.That because there are no special circumstances relating to size, shape or topography that apply to this property, strict application of the Zoning Code would not deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 13.That *** person indicated their presence at said public hearing in opposition and also provided *** letter of correspondence in opposition to the subject petition. - 2 - PC2008-*** WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, 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 deny subject Petition for Conditional Use Permit on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 29, 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 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 on September 29, 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 ______________, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-*** EXHIBIT “A” CONDITIONAL USE PERMIT NO. 2008-05330 - 4 - PC2008-*** ATTACHMENT NO. 3 RECOMMENDED CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2008-05330 RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 The property owner shall irrevocably offer to dedicate to the City of Public Works Anaheim an easement 38 feet in width from the centerline of the street along Via Burton for street widening purposes and a corner cut-off to accommodate future ADA curb ramps. 2The following items must be submitted and approved: Public Works Any revisions to the original grading plan related to the building pad. Two (2) copies of the interim soils report indicating pad compaction and site stability. The original and two (2) copies of a letter of certification for the building pads from the Civil Engineer, Exhibit D which can be found on the following City of Anaheim website: www.anaheim.net/depts_servc/pub_works/dev_svc/fg_proc.htm 3 The legal property owner shall submit an application for a Subdivision Public Works Map Act Certificate of Compliance to the Public Works Department, Development 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. 4Should the proposed 6’ high iron fence be located adjacent to the Public Works public right of way on State College Boulevard, and if this portion of the fence comes within 25 feet of the required corner cut-off, plans shall require approval of the City Traffic and Transportation Manager to ensure that the appropriate line-of-sight visibility is maintained. 5Rooftop address numbers for the police helicopter shall be indicated Police on plans submitted for Building permits. Minimum size 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. -5- PC2008-*** RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING 6All entrances to parking areas shall be posted with appropriate signs Police per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request and shall be noted on the plans submitted for Building permits. 7“No Trespassing 602(k) P.C.” posted at the entrances of parking Police lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering and shall be noted on the plans submitted for Building permits. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 8The developer shall submit a grading plan for the on-site grading and Public Works driveway reconstruction on State College Boulevard and Via Burton to the Public Works Department/Development Services. A Right of Way Construction Permit shall be obtained from the Public Works Department/Development Services for all work performed in the right-of-way. Prior to any private storm drains connecting to a City storm drain, the recordation of a Save Harmless in-lieu of Encroachment Agreement is required. 9 The existing driveway approaches on State College Blvd. shall be Public Works removed and replaced with curb, gutter, parkway landscaping and Enforcement sidewalk. The Driveways along Via Burton shall be removed and reconstructed per Engineering Standard Detail 115-B. 10Fire lanes shall be posted with “No Parking Any Time.” Said Public Works information shall be specifically shown on plans submitted for building permits. 11All buildings shall have clearly marked doors with numbers Police corresponding to the alarm zones, if any. 12Overhead roll-up doors shall be secured on the inside so that the Police lock cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. 13Louvered windows shall not be used or permitted. Police 14Monument signs and addresses shall be well lit during hours of Police darkness. RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING 15Exterior storage areas should be secured using an open fencing Police design, such as wrought iron or tubular steel, and the alarm system should be extended to those doors or gates. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 16 The applicant shall: Public Works 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 applicant 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. 17File Emergency Listing Card, Form APD-281, with the Police Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678. 18The property owner shall be responsible for maintaining the area Police/Code adjacent to the premises over which they have control, in an orderly Enforcement 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. GENERAL 19That it is the responsibility of the Owner to remove and relocate any Public Works traffic signal poles and equipment at the intersection of Via Burton Street and State College Boulevard if necessary at the Owner’s expense. 20That on-going during project operation, no required parking areas Public Works shall be fenced or otherwise enclosed for outdoor storage uses. 21That the property shall be permanently maintained in an orderly Planning 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. RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING 22That subject property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 to Exhibit No. 1, and as conditioned herein. 23That timing for compliance with conditions of approval may be Planning 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. 24That 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. 25Extensions for further time to complete conditions of approval may Planning be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. ATTACHMENT NO. 4 STAFF RECOMMENDATIONS FOR CONDITIONAL USE PERMIT NO. 2008-05330 Staff recommends the following modification to the site plan and proposed project: NO.RECOMMENDED MODIFICATION BUILDING SETBACK WAIVER REQUEST 1 Remove the enclosed fueling canopy and provide the required landscaping from the ultimate right-of-way. Landscaping should be planted in the front setback area around the proposed outdoor display area. 2Provide the required 10-foot landscape setback adjacent to Via Burton Street. 3 Reduce the proposed additional square footage to provide the required number of parking spaces. 4Relocate the wrought iron fence to behind the front setback area, or lower the fence to the maximum height of 3 feet in the front setback. 5Reconfigure the layout of the site in conjunction with the reduction in the amount of additional square footage to provide a suitable location for the trash enclosure, access for the trash truck and a loading space that is located adjacent to the main warehouse and storage areas and away from the street. -5- PC2008-*** ×¬»³ Ò±ò ì ¤ çï ÑÎßÒÙÛÌØÑÎÐÛ ßÊÛÒËÛ ¤ çï ¤ Ôß ÐßÔÓß¤ yx çïîìï ßÊÛÒËÛ ë ¤ ëé ¤ ëë Ô×ÒÝÑÔÒ ßÊÛÒËÛ ÞßÔÔ ÎÑßÜ ¤ ëé yx ÕßÌÛÔÔß ë ßÊÛÒËÛ ÝØßÐÓßÒ ßÊÛÒËÛ ll Í»°¬»³¾»® îçô îððè Æ±²·²¹ Ý±¼» ß³»²¼³»²¬ Ò±ò îððèóðððéð Ý·¬§©·¼» ïðêïï ITEM NO. 4 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE:SEPTEMBER 29, 2008 FROM: PLANNING SERVICES MANAGER SCOTT KOEHM, PROJECT PLANNER SUBJECT:ZONING CODE AMENDMENT NO. 2008-00070 LOCATION: Citywide APPLICANT: Jean Mullis representing United Oil. REQUEST: This is a request to amend the sign code section of Title 18 "Zoning" of the Anaheim Municipal Code to permit pump-top video monitors at service stations. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that the previously-certified Final Environmental Impact Report No. 330 serve as the appropriate environmental documentation and recommend to City Council that the attached draft Ordinance for Zoning Code Amendment No. 2008-00070 be approved. BACKGROUND: A comprehensive update to Title 18 (Zoning Code) was adopted by the City Council on June 8, 2004. Since its adoption, Title 18 has been amended from time to time to refine its provisions on an as-needed basis. PROPOSAL: The applicant is requesting a modification to the Zoning Code to permit pump-top video monitors at service stations. Pump-top video monitors are video screens that are placed on top of the fuel pumps which display advertisements to the person at the pump. The service station sign standards in the current Zoning Code do not address the recent development of pump-top video monitors. The applicant’s request will permit pump-top video monitors at service stations and establish Zoning Code standards for the monitors. A draft ordinance with the proposed Code amendment text has been provided to the Planning Commission as Attachment No. 1. ANALYSIS: The proposed amendment will allow one pump-top video monitor per pump dispenser with a maximum screen size of 19 inches. Additional standards are also being proposed to ensure that the video monitors are not distracting or impactful off-site. These standards include the following requirements: 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ATTACHMENT NO. 1 ORDINANCE NO. *** AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .405 TO SECTION 18.44.030 AND AMENDING SECTION 18.44.120 OF CHAPTER 18.44 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SERVICE STATION SIGNS. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That new subsection .405 be, and the same is hereby, added to Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code, to read as follows: “.405 “Pump-Top Video Display Terminal” means any video screen or electronic display, monitor or terminal that is located on, or affixed to, a fuel-dispensing pump that broadcasts, displays, emits, exhibits or shows audio and/or visual content or material.” . SECTION 2 That Section 18.44.120 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.44.120 SERVICE STATION SIGNS. “ .010 The signs allowed for service stations are set forth in Table 44-D (Service Station Signs). Such signs shall be decorative and coordinated with a common design theme that matches the building. 1 Table 44-D Service Station Signs Use/TypeNumber Area of Each Sign Face Special Provisions (square feet) Business1 freestanding sign, or 1 80A freestanding sign is not Identification monument sign; each sign permitted if the service may include name of fuel station has a freestanding, business, and name of a freeway-oriented sign. convenience store or fast-The maximum height of the food restaurant attached freestanding or monument to the fuel business, price sign shall not exceed 8 feet. of fuel, credit cards accepted, and existence of a car wash Freeway-1Subject to 18.44.100 Subject to 18.44.100 Oriented Wall 1 per building elevation 20The wall sign shall identify the name of either the fuel service, the convenience store, or a fast-food restaurant attached to the fuel business. Lighter Box 1 per each row of pumps Subject to subsection Subject to subsection .020 .020 below below PriceSee "Business Included in "Business Identification" Identification" May contain company name Canopy1 per street frontage 20, but not to exceed or company symbol 70% of the vertical face on which the sign is located 2 Car Wash See "Business Included in "Business Identification" Identification" Also 1 wall sign above 8 entrance to car wash Also 1 wall sign to 15 identify prices for services, provided it is not visible from the public right-of-way Type of Service 1 sign at each end of each 4 row of pumps, identifying whether service is self service or full service Signs shall not be Special Services 1 attached to each device 4 illuminated providing air service, water service, recharging for electric vehicles, and similar services Directional1 designating entrance to 2 service station, 1 designating exit from service station, 1 designating entrance to car wash, 1 designating exit from car wash Subject to subsection .040 Pump-Top 1 per pump dispenser Maximum viewable below Video Display screen area of 19 Terminal inches measured diagonally .020 Lighter Box Gasoline Service Station Signs. Lighter box gasoline service station signs are permitted in service stations, and are not considered freestanding signs; provided that they shall not exceed a height of four (4) feet, and the width shall not exceed the length of the working area, or 3 thirteen (13) feet, whichever is less. The signs may be either one- or two-faced, internally lighted, and decorated with company logos or name, provided the logos and names shall not exceed twenty percent (20%) of the total area of each face of the sign. .030 Banners. The display of banners across service bays that are visible to the public right-of- way are prohibited, unless a special event permit is obtained and the provisions of Section 18.44.170 (Temporary Signs – Special Event Permit) are met. .040 Pump-Top Video Display Terminal. Pump-Top Video Display Terminals are permitted in service stations subject to the following conditions: .0401 The pump-top video display terminal must be integrated into the overall design of the pump. .0402 Pump-top video display terminals must contain a privacy screen which eliminates or reduces the ability to view the screen from any angle except from directly in front of the screen at the pump dispenser. .0403 Sound emanating from the pump-top video display terminal shall not be audible to a person of normal hearing acuity at any point on the property line or at a distance in excess of twenty- five (25) feet from the pump-top video display terminal equipment, whichever is less. .0404 Pump-top video display terminals shall only operate between the hours of 7:00 a.m. and 9:00 p.m. .0405 Pump-top video display terminals shall be located a minimum of forty (40) feet from any residential zone or residential use boundary line.” SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to 4 the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 5. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefore as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2008, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By:_________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: _____________________________________ CITY CLERK OF THE CITY OF ANAHEIM 70512v.1/MGordon 5 ßÌÌßÝØÓÛÒÌ ÒÑò î ×¬»³ Ò±ò ë × øÐÌÓË÷ ËÒÜÛÎ ÉßÎÛØÑËÍ×ÒÙ ×ÒÜò Ú×ÎÓÍ ÝÑÒÍÌÎò ßÒÜ ÍÌÑÎßÙÛ × øÐÌÓË÷ ÉÎ×ÙØÌ Ý×ÎÝÔÛ ÉÎ×ÙØÌ Ý×ÎÝÔÛ × øÐÌÓË÷ ×ÒÜò Ú×ÎÓÍ × × øÐÌÓË÷ × øÐÌÓË÷ ×ÒÜò Ú×ÎÓÍ × øÐÌÓË÷ × øÐÌÓË÷ × øÐÌÓË÷ ÍÌßÜ×ËÓ ÔÑÚÌÍ ËÒÜÛÎ ËÒÜÛÎ ÝÑÒÍÌÎËÝÌ×ÑÒ ÝÑÒÍÌÎËÝÌ×ÑÒ × øÐÌÓË÷ ÞßÒÕ ËÒÜÛÎ × øÐÌÓË÷ ÝÑÒÍÌÎËÝÌ×ÑÒ ÎÛÍÌßËÎßÒÌ ÕßÌÛÔÔß ßÊÛÒËÛ × øÐÌÓË÷ ÍÛÎÊ×ÝÛ × øÐÌÓË÷ ÍÌßÌ×ÑÒ ÎÝÔ îððëóððïêì ÎÝÔ îððìóððïîç × øÐÌÓË÷ ÎÝÔ ççóððóïë ÎÝÔ èéóèèóïì ÎÝÔ êêóêéóïì ÎÝÔ ëêóëéóçí ÝËÐ îððéóðëîîé ÝËÐ îððêóðëïïê × øÐÌÓË÷ ÝËÐ îððîóðìêîð ÝËÐ îððîóðìëìì ÊßÝßÒÌ ÝËÐ íìçé ÝËÐ îçìê ÝËÐ îïíì ÝËÐ ïèéç ÝËÐ ïèìî ÝËÐ ïëèé ÝËÐ ììé Í ÊßÎ îêïè ßÜÖ îððíóððîíê ÜßÙ èéóðï Û×Î îéï Û×Î îïî ÚÍÐ îððéóððððê ÝËÐ ëéë øÎÝÔ éðóéïóíì÷ øÝËÐ îððêóðëïïé÷ × øÐÌÓË÷ øÝËÐ ïìíî÷ ÍÑËÌØÛÎÒ ÝßÔ×ÚÑÎÒ×ß øÝËÐ ïðêë÷ Ì ÙßÍ ÝÑÓÐßÒÇ × øÐÌÓË÷ øÝËÐ êïê÷ øÊßÎ ïèîð Í÷ ËÒÜÛÎ ÝÑÒÍÌÎËÝÌ×ÑÒ × øÐÌÓË÷ × øÐÌÓË÷ ÍÓßÔÔ ×ÒÜò × øÐÌÓË÷ ÎÛÍÌßËÎßÒÌ Ú×ÎÓÍ ÍÓßÔÔ ×ÒÜò Ú×ÎÓÍ ÍÓßÔÔ ×ÒÜò × øÐÌÓË÷ Ú×ÎÓÍ ÍÓßÔÔ ×ÒÜò Ú×ÎÓÍ ÍÓßÔÔ ×ÒÜò Ú×ÎÓÍ ðëðïðð p ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ÐÔßÌ×ÒËÓ ÌÎ×ßÒÙÔÛò Ú»»¬ Í»°¬»³¾»® îçô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ü»ª»´±°»® ß¹®»»³»²¬ Ò±ò îððëóððððè Ì®¿½µ·²¹ Ò±ò ÜßÙîððèóððððê ïìðì Û¿¬ Õ¿¬»´´¿ ßª»²«» ïðêïì ÉÎ×ÙØÌ Ý×ÎÝÔÛ ÉÎ×ÙØÌ Ý×ÎÝÔÛ ÕßÌÛÔÔß ßÊÛÒËÛ ðëðïðð p ß»®·¿´ Ð¸±¬±æ ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ÐÔßÌ×ÒËÓ ÌÎ×ßÒÙÔÛò Ö«´§ îððê Ú»»¬ Í»°¬»³¾»® îçô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ü»ª»´±°»® ß¹®»»³»²¬ Ò±ò îððëóððððè Ì®¿½µ·²¹ Ò±ò ÜßÙîððèóððððê ïìðì Û¿¬ Õ¿¬»´´¿ ßª»²«» ïðêïì ßÌÌßÝØÓÛÒÌ ÒÑò ï ×¬»³ Ò±ò ê ÎÓóî ÎÓóì ÝóÙ Úß×ÎÉßÇ Ê×ÔÔßÙÛ ßÐßÎÌÓÛÒÌÍ ïìë ÜË Ô×ÒÝÑÔÒ ÎÊ ÐßÎÕ ÎÓóî É»¬ ß²¿¸»·³ Ý±³³»®½·¿´ Ý±®®·¼±® ÝÑÒÜÑÍ Î»¼»ª»´±°³»²¬ ß®»¿ ïî ÜË ÝóÙ ÍÓßÔÔ ÍØÑÐÍ ÝóÙ ÝóÙ ÝÑÒÍÌÎËÝÌ×ÑÒ ÌØÎ×ÚÌ ÍÌÑÎÛ ÝóÙ ÞËÍ×ÒÛÍÍ ÎÓóì ÝØÛÝÕ ÝóÙ Ô×ÒÝÑÔÒ Ð×ÒÛÍ ÝóÙ ÝßÍØ×ÒÙ ÎÛÍÌßËÎßÒÌ ßÐßÎÌÓÛÒÌÍ ÍÓßÔÔ ÍØÑÐÍ íì ÜË Ô×ÒÝÑÔÒ ßÊÛÒËÛ ÝóÙ ÎÝÔ êìóêëóðé ÌóÝËÐ îððèóðëííé ÌóÝËÐ îððíóðìéïé Ì ÌóÝËÐ îðððóðìîîð ÝóÙ ÓÛÜ×ÝßÔ øÝËÐ íèìí÷ ÝÎÛÍÌ ÑÚÚ×ÝÛ øÝËÐ ïëçî÷ ÓÑÌÛÔ ÝóÙ ÎÓóì øÝËÐ êðî÷ ï ÜË ÜÎ×ÊÛóÌØÎË Ì×ÎÛ ÍØÑÐ Ô×ÒÝÑÔÒ ÝÑËÎÌ ÎÛÍÌò Ì ÎÓóì ßÐßÎÌÓÛÒÌÍ ï ÜË ÍÓßÔÔ ÍØÑÐÍ ßËÌÑ ÛßÝØ Ê×ÔÔß ÐßÝ×Ú×Ýß Ì ÎÛÐß×Î íî ÜË ßÐßÎÌÓÛÒÌÍ ìð ÜË ÎÓóì ÝóÙ ÓßÙÒÑÔ×ß ÊÛÌÛÎÒ×ÒßÎÇ ÝÔ×Ò×Ý ßÐßÎÌÓÛÒÌÍ ÎÓóì ÝóÙ îê ÜË ÎÓóì É×ÒÜÍÑÒÙ ßÐßÎÌÓÛÒÌÍ îì ÜË ÎÓóì ÝÑÒÜÑÓ×Ò×ËÓÍ ÎÓóì ÝßÒÌßÓßÎ êì ÜË ÎÓóì ßÐßÎÌÓÛÒÌÍ îì ÜË ÎÓóì ßÙßÌÛ ÓßÒÑÎ ßÐßÎÌÓÛÒÌÍ É»¬ ß²¿¸»·³ Ý±³³»®½·¿´ Ý±®®·¼±® ïè ÜË Î»¼»ª»´±°³»²¬ ß®»¿ ÎÓóì Ê×ÔÔß ÍÛÎÎßÒÑ ÎÓóì ßÐßÎÌÓÛÒÌÍ ÝßÍß ÍÛÎÛÒß ïïé ÜË ßÐßÎÌÓÛÒÌÍ ïìð ÜË ðëðïðð Ú»»¬ Í»°¬»³¾»® îçô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò íèìí Éò ÞÎÑßÜÉßÇ Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëííé îêðð É»¬ Ô·²½±´² ßª»²«» ïðêïí Ô×ÒÝÑÔÒ ßÊÛÒËÛ ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Í»°¬»³¾»® îçô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò íèìí Éò ÞÎÑßÜÉßÇ Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëííé îêðð É»¬ Ô·²½±´² ßª»²«» ïðêïí ITEM NO. 6 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE:SEPTEMBER 29, 2008 FROM: PLANNING SERVICES MANAGER DAVID SEE, PROJECT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 3843 (TRACKING NO. CUP2008-05337) LOCATION: 2600 West Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicant and owner is Shakour Cyrus. REQUEST: The applicant requests to amend and reinstate a previously-approved used automobile sales and automotive repair facility with retail sales and installation of accessory automobile parts in a former service station facility and delete a condition of approval pertaining to a time limitation. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, approving a Class 1 Categorical Exemption and approving the amendment and reinstatement of Conditional Use Permit No. 3843. BACKGROUND: The 0.29-acre property is currently developed with a 1,586 square foot former service station building currently utilized for retail tire sales and installation, automobile repair with accessory sales of parts, and used automobile sales. The property is located in the General Commercial (C-G) zone. The property is also located within the Merged Redevelopment Project Area. The General Plan designates this property and adjacent properties to the west and south for General Commercial land uses. Conditional Use Permit No. 3843 was originally approved in 1998 to permit an automobile repair facility. This permit was reinstated by the Commission in 1998, 1999, and 2000. In 2003, this permit was reinstated for another five year period and the permit expired on June 19, 2008. On June 10, 2008, the applicant submitted a request to amend and reinstate the permit. Code allows the applicant to submit a request for a reinstatement no later than six months after the expiration date of the permit. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ATTACHMENT NO. 1 11 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION SECTION 15301 CLASS 1 (EXISTING FACILITIES), REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3843, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC96-55, AS PREVIOUSLY AMENDED (TRACKING NO. CUP2008-05337) (2600 WEST LINCOLN AVENUE) WHEREAS, on June 10, 1996, the Anaheim City Planning Commission, did by its Resolution No. PC96-55 grant Conditional Use Permit No. 3843 to permit a used automobile sales and automotive repair facility with retail sales and installation of accessory automobile parts in a former service station at 2600 West Lincoln Avenue; and that Condition No. 2 of said resolution specifies that the use is approved for a period of one year to expire on June 10, 1997; and WHEREAS, on November 10, 1997, the Anaheim City Planning Commission, did by its Resolution No. PC97-158 amend Condition No. 2 of Resolution No. 96-55 to permit the use for an additional year until June 10, 1998; and WHEREAS, on July 6, 1998, the Anaheim City Planning Commission, did by its Resolution No. PC98-106 reinstate this permit and amend the conditions of approval, including Condition No. 2 to specify that the use would expire on June 10, 1999; and WHEREAS, on February 17, 1999, the Anaheim City Planning Commission, did by its Resolution No. PC99-27 deny a proposed amendment to permit two separate businesses within one existing automobile sales and repair facility; and WHEREAS, on May 24, 1999, the Anaheim City Planning Commission, did by its Resolution No. PC99-89 reinstate this permit and amend the conditions of approval, including Condition No. 2 to specify that the use would expire on June 10, 2000; and WHEREAS, on June 19, 2000, the Anaheim City Planning Commission, did by its Resolution No. PC2000-83 reinstate this permit and amend the conditions of approval, including Condition No. 1 to specify that the use would expire on June 19, 2003; and WHEREAS, on June 30, 2003, the Anaheim City Planning Commission, did by its Resolution No. PC2003-95 reinstate this permit and amend the conditions of approval, including Condition No. 1 to specify that the use would expire on June 19, 2008; and WHEREAS, said Resolution No. PC2003-95 includes the following condition of approval: “1 That this conditional use permit shall expire on June 19, 2008.” - 1 - PC2008-*** WHEREAS, this property is currently developed with a 1,586 square foot former station building currently utilized for retail tire sales and installation, automobile repair with accessory sales of parts, and used automobile sales, the underlying zoning is General Commercial (C-G); the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reinstatement of Conditional Use Permit No. 3843 to modify or delete a condition of approval pertaining to a time limitation to retain a previously-approved used automobile sales and automotive repair facility with retail sales and installation of accessory automobile parts in a former service station facility pursuant to Code Section No. 18.60.180of 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, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 29, 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 amendment 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 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 permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 4. With regard only to the deletion of a time limitation, 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, and the periodic review of the use is no longer necessary. 5. That the existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 6. That the use, as reinstated and amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 7. That 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. - 2 - PC2008-*** 8. That 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 because the facility is unmanned. 9. That the granting of the reinstatement of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 10. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED, the proposed project falls within the definition of Categorical Exemptions, Section 15301, 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 reinstate Conditional Use Permit No. 3843 to permit a used automobile sales and automotive repair facility with retail sales and installation of accessory automobile parts in a former service station facility on property located at 2600 West Lincoln Avenue. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve an amendment to Conditional Use Permit No. 3843 to amend, in its entirety, the conditions of approval adopted in connection with Resolution No. 2003-95, as amended, to delete the time limitation as 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 and safety of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED, except as otherwise amended herein, Resolution No. PC2003-95 remains in full force and effect. 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, 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 September 29, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 - 3 - PC2008-*** “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 on September 29, 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 September, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 4 - PC2008-*** EXHIBIT “A” CONDITIONAL USE PERMIT NO. 3843 - 5 - PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 3843 RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING GENERAL 1That the parking lot shall be properly maintained and repaired when Code Enforcement necessary to prevent potholes and uneven surfaces and to ensure that parking spaces are properly marked. 2That no outdoor storage of, display of, or work on vehicles or vehicle Code Enforcement parts shall be permitted. All work on vehicles shall be conducted wholly inside the building. 3That no banners, pennants, or balloons shall be permitted unless a Code Enforcement Special Event Permit is first obtained from the Planning Department. 4That no banners or other advertising shall be displayed within the Code Enforcement service bays facing the public rights-of-way unless a Special Event Permit has first been obtained from the Planning Department. 5That any tree planted on-site shall be replaced in a timely manner in the Code Enforcement event that it is removed, damaged, diseased, and/or dies. 6That no inoperable vehicles or vehicle parts shall be stored on the Code Enforcement premises outside the building. 7That a maximum of four (4) automobiles available for sale may be Code Enforcement displayed at any one time. 8That the existing wrought iron fencing shall be continuously maintained Code Enforcement in good condition. 9That the property shall be permanently maintained in an orderly fashion Code Enforcement through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 10That the signage for this business shall be limited to the existing Code Enforcement permitted wall sign. 11That subject property shall be developed substantially in accordance Planning 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 and as conditioned herein. - 6 - PC2008-*** RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING 12That approval of this application constitutes approval of the proposed Planning 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. - 7 - PC2008-*** ßÌÌßÝØÓÛÒÌ ÒÑò î