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PC 2008/09/15Anaheim Planning Commission Agenda Monday, September 15, 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 the September 15, 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 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. Reports and Recommendations Minutes ITEM 1A Motion Receiving and approving the Minutes from the Planning Commission Meeting of August 18, 2008. (Continued from the September 3, 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 Motion Receiving and approving the Minutes from the Planning Commission Meeting of September 3, 2008. NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. 09/15/08 Page 2 of 9 ITEM NO. 1C CEQA CATEGORICAL EXEMPTION, CLASS 21 AND Staff Report CONDITIONAL USE PERMIT NO. 2798 New Correspondence (Tracking No. CUP2008-05355) Owner Charles Hance and 828 West Vermont Avenue Applicant: Anaheim, CA 92805 Location:828 West Vermont Avenue: This property is approximately 1.29 acres, with a frontage of 292 feet on the south and west side of Vermont Avenue with the Interstate 5 Freeway to the north and west of the property and single-family and multiple family residences to the north and east. Project Planner: Request to initiate the modification or revocation of Conditional Scott Koehm Use Permit No. 2798 which permits an automotive sales and skoehm@anaheim.net service facility and outdoor storage with fewer parking spaces than required by code. ITEM NO. 1D CEQA NEGATIVE DECLARATION Staff Report (PREVIOUSLY-APPROVED) AND CONDITIONAL USE PERMIT NO. 2007-05191 New Correspondence (Tracking No. CUP2008-05344) Owner Jack Jakosky, Canyon Plaza LLC nd and 503 32 Street #200 Applicant: Newport Beach, CA 92663 Location:5761 East Santa Ana Canyon Road: Request for a retroactive one-year extension of time to comply Project Planner: Ted White with conditions of approval for a previously-approved expansion twhite@anaheim.net to an existing commercial retail center to construct a small market with retail sales of beer and wine for off-premises consumption and accessory roof-mounted equipment. 09/15/08 Page 3 of 1 Public Hearing Items: ITEM NO. 2 CEQA NEGATIVE DECLARATION (PREVIOUSLY- Staff Report APPROVED) AND AMENDMENT TO CONDITIONAL USE PERMIT NO. 4121 New Correspondence WITH A WAIVER OF A CODE REQUIREMENT (Tracking No. CUP2008-05319) Owner: Landrey Properties LP P.O. Box 1306 Santa Monica, CA 90406 Applicant: Bob Spears Cade 1320 North Tustin Avenue Anaheim, CA 92807 Location:2861 East Miraloma Avenue: This property is approximately 4.6 acres in size, having a frontage of 330 feet on the north side of Miraloma Avenue approximately 980 feet west of the centerline of Red Gum Street. Request for a retroactive extension of time for a previously-Project Planner: Elaine Thienprasiddhi approved permit to retain an automobile storage lot and to ethien@anaheim.net modify plans to add an on-site loading area and temporary structures with fewer parking spaces than required by Code. 09/15/08 Page 4 of 9 ITEM NO. 3 Staff Report CEQA CATEGORICAL EXEMPTION, CLASS 1 AND AMENDMENT TO CONDITIONAL USE PERMIT New Correspondence NO. 2007-05201 WITH A WAIVER OF A CODE REQUIREMENT (Tracking No. CUP2008-05350) Owner Myoungjin Lee and 1248 Lenahan Street Applicant: Fullerton, CA 92833 Location: 1724 West Glenoaks Avenue : This property is approximately 0.4-acre, having a frontage of 125 feet on the south side of Glenoaks Avenue, approximately 203 feet west of the centerline of Euclid Avenue. Request for a retroactive one-year extension of time to comply Project Planner: with conditions of approval and an amendment to a condition of Scott Koehm skoehm@anaheim.net approval for a previously approved permit to allow a church with fewer parking spaces than required by Code. ITEM NO. 4 CEQA NEGATIVE DECLARATION Staff Report (PREVIOUSLY-APPROVED) AND New Correspondence AMENDMENT TO CONDITIONAL USE PERMIT NO. 4016 (Tracking No. CUP2008-05335) OWNER: LLC Kelto 1422 South Allec Street Anaheim, CA 92805 APPLICANT: Jim Kelly American Tower Corporation 2201 Dupont Irvine, CA 92612 LOCATION: 1422 South Allec Street: This property is approximately 1 acre, having a frontage of approximately 125 feet on the east side of Allec Street, 540 feet north of the centerline of Cerritos Avenue. Request to reinstate a conditional use permit for a 60-foot high Project Planner: steel communications monopole and to amend or delete a Ted White twhite@anaheim.net condition of approval pertaining to a time limitation. 09/15/08 Page 5 of 9 ITEM NO. 5 CEQA CATEGORICAL EXEMPTION, CLASS I AND Staff Report CONDITIONAL USE PERMIT NO. 2008-05333 WITH New Correspondence A WAIVER OF A CODE REQUIREMENT AND A REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2008-00045 OWNER: Redondo Investments Company P.O. Box 14478 Long Beach, CA 90803 Orange County Harbors 6396 East Santa Ana Canyon Road Anaheim, CA 92807 APPLICANT: Eli Beas The Bergman Companies 13745 Seminole Drive Chino, CA 91710 LOCATION: 6300 – 6398 East Santa Ana Canyon Road This : property is approximately 6.6 acres located at the southwest corner of Santa Ana Canyon Road and Fairmont Boulevard, with frontages of 465 feet on the south side of Santa Ana Canyon Road and 384 feet on the west side of Fairmont Boulevard. Request to permit the expansion of an existing shopping center by Project Planner: dividing one tenant space into two and allowing a grocery store with Ted White twhite@anaheim.net wall signs that are larger than permitted by Code, and sales of alcoholic beverages. This project requires approval of the following actions: Conditional Use Permit No. 2008-05333 – to permit the expansion of an existing shopping center by dividing one tenant space into two, with wall signs that are larger than permitted by Code; and Public Convenience or Necessity No. 2008-00045 – a Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for off-premises consumption within a proposed grocery store. 09/15/08 Page 6 of 9 ITEM NO. 6 Staff Report CEQA NEGATIVE DECLARATION AND New Correspondence CONDITIONAL USE PERMIT NO. 2008-05341 OWNER: RLR Investments, LLC 600 Gillam Road Wilmington, OH 45177 APPLICANT: Nayib Chaibun Ware Malcomb Architects 10 Edelman Irvine, CA 92618 LOCATION: 2981 East La Jolla Street: This property is approximately 2.3 acres with a frontage of 315 feet on the north side of East La Jolla Street, approximately 345 feet east of the centerline of Red Gum Street. Request to expand an existing truck terminal. Project Planner: Dave See dsee@anaheim.net Adjourn to Monday, September 29, 2008 at 1:00 P.M. for Preliminary Plan Review 09/15/08 Page 7 of 9 S C H E D U L E 2008 September 29 October 13 October 27 November 10 November 24 December 8 December 22 (Cancelled) 09/15/08 Page 9 of 9 ×¬»³ Ò±ò ï Ý ÝóÙ ÎÝÔ êïóêîóè ÎÝÔ ëéóëèóëé ÌóÝËÐ îððèóðëíëë ÝËÐ îðððóðìîîì ÝËÐ îéçè ÝËÐ îìíì ÊßÎ çèî Í ßËÌÑÓÑÞ×ÔÛ ÐßÎÌÍ ßÒÜ ÍÛÎÊ×ÝÛÍ ÍÐ çîóî ÍÐ çîóî ÍÐ çîóî ðëðïðð p Ú»»¬ Í»°¬»³¾»® ïë ô îððè Í«¾¶»½¬ Ð®±°»®¬§ y x ë Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îéçè øÌ®¿½µ·²¹ Ò±ò ÝËÐîððèóðëíëë÷ èîè É»¬ Ê»®³±²¬ ßª»²«» ïðëçï ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Í»°¬»³¾»® ïë ô îððè Í«¾¶»½¬ Ð®±°»®¬§ y x ë Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îéçè øÌ®¿½µ·²¹ Ò±ò ÝËÐîððèóðëíëë÷ èîè É»¬ Ê»®³±²¬ ßª»²«» ïðëçï ITEM NO. 1-C PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE:SEPTEMBER 15, 2008 FROM: PLANNING SERVICES MANAGER SCOTT KOEHM, PROJECT PLANNER SUBJECT:CONDITIONAL USE PERMIT NO. 2798 (Tracking No. CUP2008-05355) LOCATION: 828 West Vermont Avenue APPLICANT: City of Anaheim, Planning Department REQUEST: This is a City-initiated request by the Planning Department to initiate the modification or revocation of Conditional Use Permit No. 2798 which permits an automotive sales and service facility and outdoor storage with fewer parking spaces than required by Code. RECOMMENDATION: Staff recommends the Planning Commission, by motion, determine that this action is Categorically Exempt under CEQA Guidelines Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) and initiate the modification or revocation proceedings for Conditional Use Permit No. 2798. BACKGROUND: The property at 828 West Vermont is developed with an automotive repair business and is located in the General Commercial (C-G) zone. The General Plan designates this property for General Commercial land uses. The Interstate 5 Freeway is located to the southwest, and single-family residences and apartments are located to the north and east. On June 23, 1986, the Planning Commission approved Conditional Use Permit No. 2798 to permit an automotive sales and service facility and outdoor storage with fewer parking spaces than required by Code. DISCUSSION: Since approval of the conditional use permit, there have been a number of code violations documented by Code Enforcement staff. These violations are described in the attached letter to the property owner dated June 8, 2006. Since that date, City staff has continued to be in contact with the property owner in an effort to bring this property into conformance with the Code and the approved permit. On May 6, 2008, the Planning Services Division mailed the attached letter to the property owner requesting that several remaining actions be taken to bring the property into compliance 200 S. Anaheim Blvd. Suite #162 with the City’s Zoning Code and the approved permit by June 30, 2008. The letter Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMTI NO. 2798 September 15, 2008 Page 3 of 3 4.Letter to Property Owner dated August 25, 2008 5.Letter of Operation received on September 3, 2008 ßÌÌßÝØÓÛÒÌ ÒÑò ï ßÌÌßÝØÓÛÒÌ ÒÑò î ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë ×¬»³ Ò±ò í ÎÍóî ÝßÌØÛÎ×ÒÛ ÜÎ×ÊÛ ÎÍóî ÜßÇ ÝßÎÛ ï ÜË ÛßÝØ ÝÛÒÌÛÎ ÎÓóì ÝóÙ ÝóÙ ÍÓßÔÔ ÍØÑÐÍ í ÜË ÛßÝØ í ÜË î ÜË Ó×ÈÛÜ ÎÛÌß×Ôñ ÛßÝØ ÑÚÚ×ÝÛ ËÍÛ î ÜË ÎÓóì ÎÓóì ÎÓóì ì ÜË ÛßÝØ ÝóÙ ÝóÙ ÍÓßÔÔ ÍØÑÐÍ ÝóÙ ÎÓóì ÙÎßÓÛÎÝÇ ÎÍóî ÝóÙ ßÐßÎÌÓÛÒÌÍ ÍÓßÔÔ ÍØÑÐÍ ï ÜË ÛßÝØ ÝóÙ êê ÜË ÎÛÍÌò ÎÓóì ÝóÙ ÎÓóì ÎÓóì ÌÑÉÒØÑËÍÛÍ ì ÜË ßÐßÎÌÓÛÒÌÍ ÎÓóì ïê ÜË ìè ÜË ÝóÙ ÙÔÛßÒÑßÕÍ ÌÛÎÎßÝÛ ÍÓßÔÔ ÍØÑÐÍ ßÐßÎÌÓÛÒÌÍ ÙÔÛÒÑßÕÍ ßÊÛÒËÛ êê ÜË ÝóÙ ÑÚÚ×ÝÛÍ ÎÓóì ÝóÙ ÌÑÉÒØÑËÍÛÍ ÍÓßÔÔ ÝóÙ ÍØÑÐÍ ÜÎ×ÊÛ ÌØÎË ÎÛÍÌò ÎÓóì ÌÑÉÒØÑËÍÛÍ ÝóÙ ÝóÙ ÝóÙ ÑÐÌÑÓÛÌÎ×ÍÌ ÑÚÚ×ÝÛÍ ÎÝÔ ëéóëèóëî ÌóÝËÐ îððèóðëíëð ÝËÐ îððéóðëîðï ÝØËÎÝØ ÍÓßÔÔ ÍØÑÐÍÝóÙ ÎÓóì ÝóÙ ÑÚÚ×ÝÛÍ ÌÑÉÒØÑËÍÛÍ ÓÛÜ×ÝßÔ ÑÚÚ×ÝÛ ÞË×ÔÜ×ÒÙ ÑòÝòÚòÝòÜò ÑòÝòÚòÝòÜò ß²¿¸»·³ Ð´¿¦¿ Î»¼»ª»´±°³»²¬ ß®»¿ ÝóÙ ßÒßØÛ×Ó ÐÔßÆß ÝóÙ øÒÑÎÌØ÷ ÍÓßÔÔ ÍØÑÐÍ ðëðïðð p Ú»»¬ Í»°¬»³¾»® ïëô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóðëîðï Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíëð ïéîì É»¬ Ù´»²±¿µ ßª»²«» ïðëçè ÝßÌØÛÎ×ÒÛ ÜÎ×ÊÛ ÙÔÛÒÑßÕÍ ßÊÛÒËÛ ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Í»°¬»³¾»® ïëô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððéóðëîðï Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëíëð ïéîì É»¬ Ù´»²±¿µ ßª»²«» ïðëçè ITEM NO. 3 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE:SEPTEMBER 15, 2008 FROM: PLANNING SERVICES MANAGER SCOTT KOEHM, PROJECT PLANNER SUBJECT:AMENDMENT TOCONDITIONAL USE PERMIT NO. 2007-05201 WITH A WAIVER OF A CODE REQUIREMENT (Tracking No. CUP 2008-05350) LOCATION : 1724 West Glenoaks Avenue APPLICANT/PROPERTY OWNER : The applicant and property owner is Myoungjin Lee. REQUEST : The applicant requests approval of a retroactive one-year extension of time to comply with conditions of approval and an amendment to a condition of approval pertaining to hours of operation for a previously-approved permit to allow a church with fewer parking spaces than required by Code. RECOMMENDATION: Staff recommends that the Commission adopt the attached resolution approving a Categorical Exemption, Class 1 and approving an amendment to Conditional Use Permit No. 2007-05201. BACKGROUND: This approximately 0.4-acre property is developed with a commercial retail center. It is located within the General Commercial (C-G) zone. The General Plan designates this property and properties to the north, south and east for Corridor Residential land uses and properties to the west for Medium Density Residential land uses. On August 20, 2007, the Planning Commission approved Conditional Use Permit No. 2007-05201 to permit a church with fewer parking spaces than required by Code within a commercial retail center. This permit expired on August 20, 2008. PROPOSAL: On August 4, 2008, the applicant submitted a request for a one-year retroactive extension of time to comply with conditions of approval. The applicant is also requesting an amendment of a condition of approval to modify the hours of operation to operate five hours later than the existing closing time. The existing hours of operation on Sundays are from 9 a.m. to 4 p.m. The applicant is requesting hours of operation on Sundays from 9 a.m. to 9 p.m. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ATTACHMENT NO. 1 [DRAFT] RESOLUTION NO. PC2008-** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED CEQA CATEGORICAL EXEMPTION, CLASS 1 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007-05201 TO AMEND CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2007-99 AND PERMIT A ONE-YEAR RETROACTIVE EXTENSION OF TIME (TRACKING NO. CUP2008-05350) (1724 WEST GLENOAKS AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for an amendment to previously-approved Conditional Use Permit No. 2007-05350 for certain real property in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, on August 20, 2007, Resolution No. PC2007-99 approving Conditional Use Permit No. 2007-05201 was approved by the Planning Commission to permit a church within a commercial retail center with 21 parking spaces where 35 spaces were required by Code; and WHEREAS, the applicant has requested a one-year retroactive extension of time to expire on August 20, 2009, and an amendment to this conditional use permit to modify Condition No. 6 pertaining to the hours of operation; and WHEREAS, Condition No. 6 of Resolution No. PC2007-99 states: 6.That the hours of operation shall be limited to 9 a.m. to 4 p.m. on Sundays only. Any request to modify the hours of operation must be submitted to the Planning Department as a request for modification of conditions of approval. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 15, 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 with a waiver of minimum number of parking spaces 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 an amendment to the conditional use permit to modify the hours of operation to 9 a.m. to 9 p.m. on Sundays is permitted under authority of Code Section 18.60.190. -1- PC2008-*** 2.That an amendment to the conditional use permit to modify the hours of operation will not adversely affect the adjoining land uses or the growth and development of the area. 3.That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety. 4.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. 5.That the granting 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. 6.That this is the applicant’s first request for an extension of time. Code Enforcement Division staff conducted an inspection of the property on August 7, 2008, and found that the property is well-maintained. No code violations were identified. Since approval of the permit, there have been no changes to the General Plan and Zoning Code that would affect this project. 7.That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim Planning Commission has reviewed the proposal and does hereby find that the CEQA Categorical Exemption, Class 1 previously approved in connection with Conditional Use Permit No. 2007-05201, is adequate to serve as the required environmental documentation in connection with this request. NOW, THERFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve an amendment to Conditional Use Permit No. 2007-05201 to amend, in its entirety, the conditions of approval adopted in connection with Resolution No. PC2007-99, as described in Exhibit “B”, attached hereto and incorporated by this reference, which are hereby found to be 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 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 the court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 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 of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. AND BE IT FURTHER RESOLVED that the property owner/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, prior to the issuance of building permits or commencement of -2- PC2008-*** activity 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 September 15, 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: 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 15, 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. 2007-05201 -4- PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2007-05201 Responsible for No.Conditions of Approval Monitoring PRIOR TO ISSUANCE OF BUILDING PERMIT OR WITHIN A PERIOD OF 1 (ONE) YEAR, WHICHEVER OCCURS FIRST 1That a trash storage area shall be provided and maintained in a Public Works, location acceptable to the Public Works Department. Said storage Streets and areas shall be designed, located and screened so as not to be Sanitation readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 2That final landscape plans shall be submitted to the Planning Planning Services Division for review and approval. Said plans shall show minimum four (4) foot wide square (excluding curb) landscaped areas at the front end of every five (5) parking spaces and that one tree shall be provided in each planter. Groundcover shall be planted and maintained within landscape setbacks. The landscape material selected shall be appropriate to the width of the planter area. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a “Reports and Recommendation” item. Such information shall be specifically shown on the plans submitted for building permits. Landscaping plans shall be subject to the approval by the Community Development Director. GENERAL 3That an Emergency Listing Card, Form APD-281 shall be Police completed and submitted in a completed form to the Anaheim Police Department. 4That 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 and 2, and as conditioned herein. -5- PC2008-*** 5That the granting of the parking waiver is contingent upon Planning operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modification pursuant to the provisions of Chapter 18.60 Procedures of the Anaheim Municipal Code. 6The church shall be allowed to operate on Sundays with no Planning limitation on hours. The Planning Director may approve a request to modify the hours of operation provided that the church does not operate when other offices or retail uses in the center are open and the applicant submits a letter describing the modified hours to the Planning Director for review and approval. 7That all trash generated from this commercial retail center shall be Planning properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 8That 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. 9That 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. -6- PC2008-*** ßÌÌßÝØÓÛÒÌ ÒÑò î ATTACHMENT NO. 3 M E M O R A N D U M CITY OF ANAHEIM Community Preservation Division DATE: AUGUST 7, 2008 TO: SCOTT KOEHM, ASSOCIATE PLANNER FROM: ROBERT HAPPLE #1023, CODE ENFORCEMENT OFFICER SUBJECT: 1724 W. GLENOAKS AVE. On August 7, 2008, I conducted an inspection of the property located at 1724 W. Glenoaks Ave. The inspection was in regards to Tracking Case No: (CUP2008-05350), (CUP2007-05201) to permit a church in a commercial retail center and (CUP2008-05350) to request a time extension to comply with the conditions of approval. Upon inspecting the property, I did not observe any violations of the Anaheim Municipal Code. If you have any further questions, please contact me at ext. 4480. ATTACHMENT NO. 4 RESOLUTION NO. PC2007-99 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2007-05201 BE GRANTEp (1724 WEST GLENOAKS AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verlfied PetiNon for Conditional Use Permit for certain real property situated in the Citypf Anaheim, County of Orange, State of California, described as: THE WESTERLY LOT IS 127.35 FEET OF L07 68 OF TRACT 2517. WHEREAS, the PlanNng Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 20, 2007, 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 agai~st said proposed conditional use permlt and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, fnvestigation and sfudy made by itself and in its behaif, and after due aonsideration of all evidence and reports offered at said fiearing, tloes flnd and determine the following facts 1. That the proposed use, to permit a church with(n a commercial retail center; is properly ope for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Community and Religious Assambly) with waiver of the following provision; (a) SECTION NO. 18.42.040.010 Minimum number oF oarkino soaces, 35 requlred; 21 proposed) 2. That the wafver pertaining to parking, under the conditlons imposed will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary because the existing office use aod the proposed church will have non-coincidental hours and days ofoperation. 3. That the parking wafver, under the conditions imposed, wlll not increase the demand and competltion for parking spaces upon the public streets in the immediate viciNty of the proposal because adequate parking will be provided on the property. 4. That the parking walver, under the conditions imposed, will not increase traffic congestlon within the off-street parking areas or lots provided for the proposed uses because edequate parking and circulation is provided. 5. That the proposed church, as conditioned herein would not adversely affect the adjolning land uses and the growth and development of the area tn which it is proposed to be located because the church will provide adequate parking for it's uses. 6. That the size and shape of the sfte for the use is adequate to allow the full development of the proposed use In a manner not detrimental to the particular area or to the health and safety. 7. That granting of this conditional use permit underthe conditions imposed wlll not be detrimental to the health and safety of the citlzens of the Ciiy of Anaheim and will provide a land use that Is compatible with the surrounding area 8. That no one indicated their presence at sald public hearing fn opposition; and that an e-mail was received prior to the meeting in opposition to the request. Cr1PC2007-99 -t- PC2007-99 . __. CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: The Planning staff has determined that theproposed proJect falls wlthln the d'efinltion of Categorical Exemptions, Section 15301, Class 1(Existingfacilities), as defined in the State CEQA Guitlelines and is, therefore, exempffrom the. requirement to prepare additfonal environmental documentation: NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commfssion does hereby grant subJect Petitlon for Cond(tfonal Use Permit, upon the following condHions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the liealth and safety of lhe Citizens of the City of Anaheim: 1. That a trash storage area shall be provided and maintalned in a locatio~ acceptable to the Public Works pepartment. Said storage areas shall be designed, located and screened so as not to 6e readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from gra~tl opportunlties by the use of plant materials such as minimum one-gallon size clinging vlnes planted on maxlmum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 2. That final landscape plans shall be submltted to the Planning Services Division for review and approval. Said plans shall show minlmum four (4)"foot wide square (excluding curb)landscaped areas at the front end of every five (5) parking spaces and that one tree shall be provided in each planter. Groundcover shall be planted and maintained within landscape setbacks. The landscape material selected shail be appropriate to the width of the planter area. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a"Reports and Recommendation" item. Such information shall be specifically shown on the plans submltted for bullding permits. Landscaping plans shall be subject to the approval by the Communily Development Director. Prior ko final 6uildina and zonina insqections the followinq conditions shall be complled with: 3. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 4. That subject property shall be developed substantially in accordance with plans and specifications submltted to the City of Anaheim by the applicant and which pla~s are on file with the Planning Department marked F~h(bit Nos. 1 and 2, and as conditioned herein. _ General Conditlons: 5. That the grenting of the parking walver ls contingent upon operetion of the use In conformance with the assumptions and/or conclusions relating to the operation and i~tensity of use as contained in the parking demand study that formed the basis for approval of said waiver.' Exceeding, violating, intensifying or othenvise deviating from any of said assumptlons and/or conclusions, as contained In the parking demand study, shall be deemed aviolation of the expressed conditlons imposed upon said waiver which shall subject this conditionai use permit to termination or modification pursuant to the provisions of Chapter 18.60 Procedures oF the Anaheim Municipal Code. 6. That the hours of operation shall be limited to 9 a.m. to 4 p.m. on Su~days only. Any request to modify the hours of operation must be submitted to the Planning Department as a request for modification of conditions of approvaL 7. That all tresh generated from this commercial retail center shall be properly contained in trash bins located within approved trash enClosufes. The number of bins shall be adequate and the trash pick-up -2- PC2007-99 shall be as frequent as necessary to ensure lha sanltary handling and timely removal of refuse from the property. The CommuNty Preservation pivlsion of the Planning Department shall determine the neetl for additional bins or additional pick-up. All wsts for Increas(ng the number of bins or frequency of pick- up shall be paid by the business owner. 8. That the property shall be permane~tly maintained in an orderly fashion through the provision of regular Iandscaping maintenance, removal oF trash or debrls, and removal of graffitf within twenty-four (24) ' hours from the time of discovery. 9. That any tree or other landscaping planted on-site shall be replaced in a timely manner ln Ihe evenf that It is removed, damaged, diseased and/or dead. 10. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfles 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 epproved development. ~ . ~ . ~ " ~ ~ ~ ~ 11. That approval of this appl(cation constitutes approval of the proposed request only to the extent mat it complies with the Anahelm Mun(cipal Zonfng Gode and anyother applicable City, State and Federal regulations. Approval does not include any actio~ or flndings as to compliance or approval of the requesf regarding any other applicable ordinance, regulation or requirement BE IT FURTHER RESOLVED that the Anahaim Planning Commisslon does hereby find and determine Ihat adoption of this Resolution is expressly predicated upon applicanPs compliance with each and all of the conditions hereinabove set forth. Should any such conditlon, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent Jurisdiction, ttien this Resolution, and any approvalshereln contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is respons(hle for paying all charges related to the processing of this discretionary case applicatlon within 15 days of the issuance of the final Imoice or prior to the issuance of building permits fo~ ihis project, whichever occurs first. Failure to pay alI charges shap result in delays in the issuance of requlred permits or the revocation oF the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provislons - General" of the Anaheim Munic(pal Code pertaining to appeal procedures and may be replaced by a C(ty Council Resolutlon fn the event of an appeaL (ORlGINAL SIGNED BYJOSEPN KARAKI) CHAIRMAN PRO-TEMPORE, ANAHEIM FLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007-99 STATE pF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify lhat the foregoing resolution was passed and adopted af a meeting of the Anaheim Planning Commission ` held on August 20, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUFFA IN W ITNESS WHEREOF, I have hereunto set my hand this day of 2007i . t ~ - ~ ~_(ORIGlNAt S1GNE~ D BY ELEANOR MORRIS~ SENIOR SEGRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007-99 ×¬»³ Ò±ò ì × ÍÓßÔÔ ×ÒÜò Ú×ÎÓÍ × × ×ÒÜò Ú×ÎÓ ÌÎËÝÕ × ÐßÎÕ×ÒÙ ÞËÎÕÛ ßÔÔÛÝ ÍÌÎÛÛÌ × ÞËÍ×ÒÛÍÍ ÝÛÒÌÛÎ Û×Î èï ßÜÖ ðððè ÌóÝËÐ îððèóðëííë × ÌóÝËÐ îððíóðìêéé ÝËÐ ìðïê ÝÑÒÍÌÎËÝÌ×ÑÒ × ÝËÐ îêëð ÝÑò ÝËÐ ïíêç ÍÓßÔÔ ×ÒÜò Ú×ÎÓÍ ×ÒÜò Ú×ÎÓ × ßËÌÑ ÍÌÑÎßÙÛ ú Óß×ÒÌÛÒßÒÝÛ × × ×ÒÜò Ú×ÎÓ ×ÒÜò Ú×ÎÓ × ×ÒÜò Ú×ÎÓ × ×ÒÜò Ú×ÎÓ × ÌÎËÝÕ ÍßÔÛÍ × × ×ÒÜò Ú×ÎÓ ÍÓßÔÔ ×ÒÜò Ú×ÎÓ ðëðïðð Ú»»¬ Í»°¬»³¾»® ïëô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò ìðïê Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëííë ïìîî Í±«¬¸ ß´´»½ Í¬®»»¬ ïðêðð ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Í»°¬»³¾»® ïëô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò ìðïê Ì®¿½µ·²¹ Ò±ò ÝËÐ îððèóðëííë ïìîî Í±«¬¸ ß´´»½ Í¬®»»¬ ïðêðð ITEM NO. 4 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE:SEPTEMBER 15, 2008 FROM: PLANNING SERVICES MANAGER TED WHITE, PROJECT PLANNER SUBJECT:AMENDMENT TOCONDITIONAL USE PERMIT NO. 4016 (Tracking No. CUP2008-05335) LOCATION : 1422 South Allec Street APPLICANT/PROPERTY OWNER : The applicant is Jim Kelly with American Tower Corporation and the property owner is Kelto LLC. REQUEST : The applicant requests to retain a telecommunications facility and remove a condition of approval pertaining to a time limitation. RECOMMENDATION: Staff recommends that the Commission adopt the attached resolution, determining that the previously-approved Negative Declaration serve as the appropriate environmental documentation and approving an amendment to Conditional Use Permit No. 4016. BACKGROUND: This property is developed with an industrial building and is located in the Industrial (I) zone. The General Plan designates this property and all surrounding properties for Industrial land uses. A conditional use permit was approved in 1998 to permit a 60-foot high telecommunications tower for a period of five years. This permit was reinstated in April 2003 for another five year period to expire in April 2008. PROPOSAL: The applicant proposes to retain an existing telecommunications facility. A condition of approval for the permit states that it expired on April 27, 2008. The applicant has requested the deletion of this condition to continue operation of the telecommunications facility. The applicant has stated that because this monopole is in an industrial area, there are no plans to alter the existing facility. ANALYSIS: The condition of approval regarding a time limitation was in place to allow the project to be subject to periodic review to ensure compliance with the zoning code. Since approval in 1998, the monopole has operated in conformance with the permit and conditions of approval. Code requires findings for the approval of a reinstatement and deletion of a time limitation. The findings relate to condition 200 S. Anaheim Blvd. compliance and safe operation. A recent inspection by staff indicates that this Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ATTACHMENT NO.1 [DRAFT] RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A PREVIOUSLY-APPROVED CEQA NEGATIVE DECLARATION. REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4016, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-85, AS PREVIOUSLY AMENDED (TRACKING NO. CUP2008-05335) (1422 SOUTH ALLEC STREET) WHEREAS, on April 27, 1998, the Anaheim City Planning Commission, did by its Resolution No. PC98-85 grant Conditional Use Permit No. 4016 to construct a 60-foot high steel telecommunications monopole with three arrays having seven antennas each and with three microwave dishes to replace an existing 60-foot high wood monopole at 1422 South Allec Street; and that Condition No. 1 of said resolution specifies that the use is approved for a period of 5 years to expire on April 27, 2003; and WHEREAS, on April 21, 2003, the Anaheim City Planning Commission, by its Resolution No. PC2003-60 granted reinstatement of Conditional Use Permit No. 4016 to retain the aforementioned 60-foot high steel telecommunications monopole at 1422 South Allec Street; and WHEREAS, said Resolution No. PC2003-60 includes the following condition of approval: “1 That this conditional use permit shall expire on April 27, 2008.” WHEREAS, this property is currently developed with an industrial building, the underlying zoning is I (Industrial); the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reinstatement of Conditional Use Permit to modify or delete a condition of approval pertaining to a time limitation to retain a previously-approved 60-foot high steel telecommunications antenna 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 15, 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 -1- PC2008-*** 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. 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 that the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously-approved in connection with Conditional Use Permit No. 4016 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby reinstate Conditional Use Permit No. 4016 to permit a 60-foot high steel telecommunications monopole on property located at 1422 South Allec Street. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve an amendment to Conditional Use Permit No. 4016 to amend, in its entirety, the conditions of approval adopted in connection with Resolution No. 98-85, as amended, to delete the time limitation as -2- PC2008-*** 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. PC98-85 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 15, 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: 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 September 15, 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 -5- PC2008 EXHIBIT “A” CONDITIONAL USE PERMIT NO. 4016 -2- PC2008-*** Exhibit “B” CONDITIONAL USE PERMIT NO. 4016 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING GENERAL 1That this telecommunications facility shall be limited to a maximum of Planning sixty (60) feet in height, with three (3) sectors consisting of seven (7) panel antennas per sector with maximum dimensions of four (4) feet in height by one (1) foot in width, two (2) 2-foot diameter microwave dishes and one (1) 4-foot diameter microwave dish on the existing tower, and an accessory ground-mounted equipment enclosure. No additional antennas shall be permitted without the prior approval of the Planning Commission. 2That the height of the monopole shall not exceed the height of the Planning attached antenna arrays at any time. If the arrays are lowered, the monopole height shall be reduced to correspond to the height of the antenna arrays. 3That no signage, flags, banners, or any other form of advertising shall be Planning attached to the antennas or the transmission tower structure. 4That the portion of the property being leased by the telecommunication Planning provider shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 5That the Operator of this use (the “Operator”) shall ensure that this Planning installation and choice of frequencies will not interfere with the eight Police hundred (800) MHz radio frequencies required by the City of Anaheim Fire to provide adequate spectrum capacity for public safety and related purposes. 6That at all times, other than during the 24-hour cure period provide in Police Condition No. 8, below, the Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the City’s 800 MHz radio frequency. 7That the operator shall submit to a test to confirm that the facility does Police not interfere with the City of Anaheim’s public safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff’s Department or a Division-approved contractor -3- PC2008-*** RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING at the expense of the Operator. 8That the Operator shall provide a single point of contact, including a 24-Planning hour telephone number, fax number and e-mail address, in its Engineering and Maintenance Departments to the Planning Department to ensure continuity on all interference issues, and that the Operator shall resolve interference complaints within twenty-four (24) hours. 9That the Operator shall ensure that each of its contractors, sub-Planning contractors or agents, or any other user of the facility, shall comply with the conditions of approval herein. 10That should this telecommunication facility be sold, the Planning Planning Department shall be notified within thirty (30) days of the close of escrow. 11That all equipment, including supply cabinets and power meter, shall be Planning installed and maintained on private property and shall be screened from public view, as approved by the Planning Department. 12That 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. 13That 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. -4- PC2008-*** ßÌÌßÝØÓÛÒÌ ÒÑò î ×¬»³ Ò±ò ë Ì ÛÔ ÎßÒÝØÑ ÖËÒ×ÑÎ Ø×ÙØ ÍÝØÑÑÔ ÎØóí øÍÝ÷ ï ÜË ÛßÝØ ÎØóí øÍÝ÷ ï ÜË ÛßÝØ ÎØóí øÍÝ÷ ï ÜË ÛßÝØ ÎØóî ï ÜË ÛßÝØ ðëðïðð p ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ÍÝÛÒ×Ý ÝÑÎÎ×ÜÑÎ øÍÝ÷ ÑÊÛÎÔßÇ ÆÑÒÛò Ú»»¬ Í»°¬»³¾»® ïëô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëííí Ð«¾´·½ Ý±²ª»²·»²½» ±® Ò»½»·¬§ Ò±ò îððèóðððìë Ûò ÒÑØÔ ÎßÒÝØ ÎÜ êíððóêíçè Û¿¬ Í¿²¬¿ ß²¿ Ý¿²§±² Î±¿¼ ïðëçç ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Í»°¬»³¾»® ïëô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëííí Ð«¾´·½ Ý±²ª»²·»²½» ±® Ò»½»·¬§ Ò±ò îððèóðððìë Ûò ÒÑØÔ ÎßÒÝØ ÎÜ êíððóêíçè Û¿¬ Í¿²¬¿ ß²¿ Ý¿²§±² Î±¿¼ ïðëçç ITEM NO. 5 PLANNING COMMISSION AGENDA City of Anaheim PLANNING DEPARTMENT DATE:SEPTEMBER 15, 2008 FROM: PLANNING SERVICES MANAGER TED WHITE, PROJECT PLANNER SUBJECT:CONDITIONAL USE PERMIT NO. 2008-05333 WITH A WAIVER OF A CODE REQUIREMENT AND PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00045 LOCATION: 6300 – 6398 East Santa Ana Canyon Road APPLICANT/PROPERTY OWNER : The applicant is Eli Beas with The Bergman Companies and the property owners are Redondo Investment Co. and the County of Orange. REQUEST: The applicant requests to permit the expansion of an existing shopping center by dividing one tenant space into two, allowing wall signs larger than permitted by Code and authorizing the sale of alcoholic beverages within a market for off-premises consumption. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolutions, approving a Class 1 Categorical Exemption, approving Conditional Use Permit No. 2008-05333 with wall signs larger than permitted by Code and approving Public Convenience or Necessity No. 2008-00045. BACKGROUND: The property is developed with a commercial retail center and is located in the General Commercial (C-G) zone, Scenic Corridor (SC) Overlay. The Anaheim General Plan designates this property and properties to the east across Fairmont Boulevard for General Commercial land uses. Properties to the west are designated for Office-Low and Low Density Residential land uses and properties to the north across Santa Ana Canyon Road and to the south are designated for Low Residential land uses. This property is developed with a 67,145 square foot commercial shopping center containing a mix of retail, restaurant and office uses.The shopping center includes a 30,000 square foot anchor tenant space originally occupied by a Ralph’s grocery store, and currently occupied by a BigLots! retail store. PROPOSAL: The applicant is requesting a conditional use permit to permit the 200 S. Anaheim Blvd. division of the 30,000 square foot anchor tenant space into two units and establish Suite #162 Anaheim, CA 92805 land use conformity for the existing commercial retail center to allow Fresh & Easy Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2008-05333 September 15, 2008 Page 2 of 4 Market to occupy approximately 15,003 square feet. The retail tenant for the remaining 14,997 square foot unit has not been determined. The applicant also requests a determination of public convenience or necessity to permit sales of alcoholic beverages for off-premises consumption within the Fresh & Easy Market. This proposal also includes a request to allow two wall signs that are larger than permitted by Code. One wall sign with a maximum letter height of 37-inches is proposed for the Fresh & Easy Market. One wall sign with a maximum letter height of 35-inches is requested for the future tenant of the remaining 14,997 square foot unit. Detailed sign plans have been submitted for the Fresh & Easy wall sign; however, detailed plans for the other retail tenant have not been submitted. ANALYSIS: Following is staff’s analysis and recommendations on the project. Conditional Use Permit: A commercial retail center is defined by Code as any combination of two or more commercial businesses, including those resulting from the division of space in a building. Code permits commercial retail centers in the General Commercial zone subject to the approval of a conditional use permit. As theexisting commercial retail center was developed prior to current code requirements, the proposed division of tenant space provides an opportunity to place conditions of approval on the property relating to the maintenance of the property and safety provisions, and bring the property further into compliance with current City regulations. Staff is supportive of the request and considers it to be a positive intensification of the commercial center. Wall Signs: The applicant proposes the letter height to be greater than permitted by Code. A 24- inch letter height is permitted for wall signs affixed to buildings three stories or less in height. The proposed “Fresh & Easy” and future tenant signs on the north building elevation exceed code requirements with letter heights of 37 inches and 35 inches, respectively. A condition of approval has been included that requires the sign plans for the second retail unit to be submitted to the Planning Department for review and approval. Although the maximum letter heights are larger than permitted by Code, the total sign area on this elevation is less than permitted by Code and the signs are appropriate in scale for the size of the building and location of the building because it is significantly setback from the adjacent streets. Staff believes there are unique circumstances that warrant larger wall signs for this building. The intent of the letter height limitation is to ensure that wall signs are in proportion to the building elevation. Given the size of the structure and location of the building in relation to the adjacent streets, staff recommends approval of this request. In addition, staff is currently considering amendments to the sign code that would modify letter height standards to more accurately reflect the height of wall signs that are commonly requested and appropriate to the scale of commercial buildings. Public Convenience or Necessity: State law requires a determination of public convenience or necessity when a property for which an alcoholic beverage license is requested is located in a police reporting district with a crime rate above the City average or when there is an over concentration in the number of licenses within a Census Tract. The Business and Professions CONDITIONAL USE PERMIT NO. 2008-05333 September 15, 2008 Page 4 of 4 Attachments: 1. Draft Conditional Use Permit Resolution 2. Draft Public Convenience or Necessity Resolution 3. Statement of Justification 4. Police Department Memorandum 5. Reporting Districts Map 6. Census Tract Off-Sale Map 7. Census Tract On-Sale Map The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 8.Exhibits (Site Plan, Floor Plan, Sign Plans) 9.Site Photographs [DRAFT] ATTACHMENTNO.1 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1(EXISTING FACILITIES), AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05333 (6300 – 6398 East Santa Ana Canyon Road) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit to permit the expansion of an existing shopping center by dividing one tenant space into two, for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference. WHEREAS, this property is currently developed with a commercial retail center within the General Commercial (C-G) zone, Scenic Corridor (SC) Overlay, and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the applicant has requested to permit the expansion of a commercial retail center pursuant to Code Section 18.60of the Anaheim Municipal Code; and WHEREAS, the proposed request to permit the expansion of an existing shopping center by dividing one tenant space into two includes waiver of the following: (a) SECTION 18.44.110.010.0103Maximum letter height for a wall sign (24 inch maximum letter height permitted for a 1 to 3-story building; 35 to 37 inch letter height proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 15, 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. That the proposed request to permit the expansion of an existing shopping center by dividing one tenant space into two, and allow wall signs larger than permitted by Code and the sale of alcoholic beverages within a market for off-premises consumption is properly one for which a conditional use permit is authorized under Code Section 18.10.030.040.0402 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 proposed division of a large anchor tenant space into two will not intensify the existing commercial activities of the retail center, and that the division of space will result in physical improvements to the retail center including ADA -1- PC2008-*** compliance parking spaces and walkways, that will improve existing site conditions. In addition, the division of the retail unit into two units will not negatively impact the existing parking. 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 property is fully developed and there is sufficient parking to provide for the commercial retail center. 4. That the traffic generated by the use of the property as a commercial retail center will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That waiver (a) is hereby approved based on the proposed wall signs being appropriate for the scale and height of the building and the location of the building in relation to the adjacent streets. 7. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, 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 NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve Conditional Use Permit No. 2008-05333 with a waiver of maximum letter height for wall signs subject 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 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, 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. -2- PC2008-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 15, 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 15, 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. 2008-05333 -4- PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2008-05333 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING PRIOR TO ISSUANCE OF BUILDING OR SIGN PERMITS 1That prior to the issuance of a sign permit, wall signs with a maximum Planning letter height of 35-inches for the 14,997 square foot commercial tenant space adjacent to Fresh & Easy Market shall be submitted to Planning Department for review and approval. 2That prior to the issuance of a building permit, plans shall be submitted Public Works showing conformance with the current 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 3That prior to final building and zoning inspection, fire lanes shall be Public Works posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. 4That all existing water services and fire lines shall conform to current Public Utilities Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. GENERAL 5That on-going during project operation, no required parking areas shall Public Works be fenced or otherwise enclosed for outdoor storage uses. 6That four inch 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 to the Police Department, Community Services Division, for review and approval. -5- PC2008-*** 7Each different unit within the shopping center shall have its particular Police address displayed on its front and rear doors or directly above the front and rear doors. 8All exterior doors to have adequate security hardware, e.g. deadbolt Police locks. 9Monument signs and addresses shall be well lighted during hours of Police darkness. 10Adequate lighting of parking lots and associated carports, shipping and Police receiving areas, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of a minimum 1 foot candle to provide adequate illumination to Planning make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said lighting shall be directed, positioned ad shielded in such a manner so as not to unreasonable illuminate the windows of nearby businesses. 11That “No Trespassing 602(k) P.C.” shall be posted at the entrances of Police parking 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. 12That all 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. 13That the applicant shall maintain on file an Emergency Listing Card, Police Form APD-281, with the Police Department. 14That all trash generated from this commercial retail center shall be Planning properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 15That any tree or other landscaping planted on-site shall be replaced in a Planning timely manner in the event that it is removed, damaged, diseased and/or dead. 16That no roof-mounted balloons or other inflatable devices shall be Planning permitted on the property. -6- PC2008-*** 17That no outdoor vending machines shall be permitted on the property. Planning 18That the property shall be permanently maintained in an orderly fashion Planning by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four hours from time of occurrence. 19That there shall be no public telephones on the premises located outside Planning the building. 20That any loading and unloading of products associated with the Planning commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. 21Trash storage area(s) shall be provided and maintained in location(s) Public Works acceptable to the Public Works Department, Streets and Sanitation Division, 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 to adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one gallon sized clinging vines planted on maximum three foot centers, or tall shrubbery. Said information shall be specifically shown on plans submitted for building permits. 22Any new roof-mounted equipment shall be completely screened from Planning view from all directions in compliance with Section 18.38.170 of the Anaheim Municipal code. Said information shall be specifically shown on plans submitted for building permits. 23The parking lot shall be maintained in good condition free of trash and Planning debris. 24That 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 8, and as conditioned herein. 25Timing for compliance with conditions of approval may be amended by Planning 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. -7- PC2008-*** 26Extensions for further time to complete conditions of approval may be Planning granted in accordance with section 18.60.170 of the Anaheim Municipal Code. 27Approval of this application constitutes approval of the proposed request Planning 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. -8- PC2008-*** [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1 (EXISTING FACILITIES) AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00045 (6300 – 6398 EAST SANTA ANA CANYON ROAD) 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 license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that 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 Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for off-premises consumption within a Fresh & Easy retail store on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 15, 2008, notice of said public hearing having been duly given as required by Resolution No. 95R-134 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 determination of public convenience or necessity for an alcoholic beverage control license 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 California state law requires a Determination of Public Convenience or Necessity when property is located in a census tract that is at or above an over-concentration of alcoholic licenses; 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 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 issuance of a license. 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 when the sale of alcoholic beverages for on-premises consumption is permitted by the Municipal Code, 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 subject property is located within Reporting District 1341, which has a crime rate of 87% percent below the average. The population within the census tract allows for two off sale ABC licenses and there are presently two licenses in the tract. The population also allows for three on sale licenses and there are presently three in the tract. Therefore, the addition of one off sale license for the census tract would exceed the allowance for the area. 4. 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 sale of alcoholic beverages is ancillary to the overall product mix provided by the neighborhood-oriented commercial retail store. Moreover, the Police Department indicates no specific concerns related to off-premises alcoholic beverage sales and operation of this business, subject to compliance with conditions of approval. 5. That the size and shape of the site for the continued use of the property as a commercial center with off-premises alcoholic beverage sales is adequate to allow the use in a manner not detrimental to either the particular area or health and safety as the sale of alcoholic beverages is ancillary to the proposed commercial retail store. 6. That the traffic generated by the continued use of the property as a commercial retail store with off-premises alcoholic beverage sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and; 7. That the granting of the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcoholic beverages is ancillary to the proposed market. The Police Department indicates no specific concerns related to off-premises alcoholic beverage sales and operation of this business, subject to the conditions of approval. 7. That the Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations. - 2 - PC2008-*** 8. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, 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. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for on-premises consumption at this location subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are 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 this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of 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 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 findings hereinabove set forth. 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 for this project. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. - 3 - PC2008-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 15, 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: 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 15, 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” PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2008-00045 - 5 - PC2008-*** EXHIBIT ‘B” PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2008-00045 NO.CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 1The subject property shall be developed substantially in Planning accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and labeled Exhibit Nos. 1 through 8 and as conditioned herein. TIMING: GENERAL CONDITIONS 2There shall be no exterior advertising or sign of any kind or Police 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. 3 No display of alcoholic beverages shall be located outside of a Police building or inside the building within five (5) feet of any public entrance to the building. 4 That the sale of alcoholic beverages shall be made to Police customers only when a customer is in the building. 5 The area of alcoholic beverage displays shall not exceed 25% Police of the total display area in a building. 6 The sale of beer or malt beverages in quantities of quarts, 22 Police oz., 32 oz., 40 oz., or similar size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. 7 The possession of alcoholic beverages in open containers and Police the consumption of alcoholic beverages are prohibited on or around these premises. 8There shall be no amusement machines, video game Police devices, or pool tables maintained upon the premises at any time. 9That the gross sales of alcoholic beverages shall not exceed Police - 6 - PC2008-*** 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. 10There shall be no public telephones on the property that are Police located outside the building and within the control of the applicant. 11Wine shall not be sold in bottles or containers smaller than Police 750 ml. and wine-coolers must be sold in manufacturer pre- packaged multi-unit quantities. 12The 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. 13The timing for compliance with conditions of approval may Planning 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. 14Extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 15Approval 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. - 7 - PC2008-*** ßÌÌßÝØÓÛÒÌ ÒÑò í City of Anaheim ATTACHMENT NO. 4 POLICE DEPARTMENT Special Operations Division To:Ted White Planning Department From: Lieutenant Don Klein Vice, Narcotics, and Criminal Intelligence Bureau Commander Date:June 27, 2008 RE: CUP 2008-05333 PCN 2008-00045 Fresh and Easy 6336 E. Santa Ana Canyon Rd. Anaheim, CA 92807 The Police Department has received an I.D.C. Route Sheet for CUP 2008-05333/PCN 2008-00045. The applicant is requesting to permit the expansion of an existing shopping center to include one additional tenant space and a determination of Public Convenience and Necessity for a proposed market. The location is within Reporting District 1341, which has a Crime Rate of 87 percent below average. It is also within Census Tract Number 219.19 which has a population of 2,767. This population allows for 2 off sale Alcoholic Beverage Control licenses and there are presently 2 licenses in the tract. It also allows for 3 on sale licenses and there are presently 3 licenses in the tract. The census tract boundaries are: North Santa Ana Canyon South Residential (no road-cuts through residential) East Fairmont West Anaheim Hills Rd Please see Census Tract map for licenses in the immediate vicinity. The census tracts surrounding this location are as follows: North – 219.05 population 5,216 On Sale allowed 6/active 9 Off Sale allowed 3/active 3 South – 219.20 population 5,338 On Sale allowed 6/active 1 Off Sale allowed 4/active 0 Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765.1665 Memorandum Ted White Fresh and Easy West – 219.05 population 5,216 On Sale allowed 6/active 9 Off Sale allowed 3/active 3 West – 219.16 population 3,784 On Sale allowed 4/active 0 Off Sale allowed 3/active 0 East – 219.21 population 4,520 On Sale allowed 5/active 5 Off Sale allowed 3/active 1 Additional Census Tract information: North West – 219.05 population 5,216 On Sale allowed 6/active 9 Off Sale allowed 3/active 3 North East – 219.05 population 5,216 On Sale allowed 6/active 9 Off Sale allowed 3/active 3 South West – 219.20 population 5,338 On Sale allowed 6/active 1 Off Sale allowed 4/active 0 South East – 219.21 population 4,520 On Sale allowed 5/active 5 Off Sale allowed 3/active 1 The Police Department has responded to this store 12 times in the last year. The calls included: 3 burglary alarm, 1 disturbance, 1 fight, 5 suspicious circumstance, 1 grand theft, and 1 trespass. There were 2 reports taken. The Reporting District north of the location is 1241; it has a crime rate of 87 percent below average. The Reporting District east is 1342; it has a crime rate of 76 percent below average. West is 1340; with a rate of 80 percent below average, and south of the location is 1441; with a crime rate of 89 percent below average. The Police Department does not oppose this request. We do not feel this license will be detrimental to the surrounding neighborhood. If PCN is granted the Police Department requests that the following conditions are placed 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. Page 2 Memorandum Ted White Fresh and Easy 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. 4) Sale of alcoholic beverages shall be made to customers only when the customer is in the building. 5) The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. 6) The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. 7) There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 8) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 9) 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. 10) 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. 11) The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. 12) No wine shall be sold in bottles or containers smaller than 750 ml. Please contact Sgt. Allan Roman at 765-1451 if you require further information in regards to this matter. f:\home\mmirwin\2008-05333 CUP PCN 2008-00045 6336 E. Santa Ana Canyon Fresh Easy.doc Page 3 Ü ÎÔÍÔ Ø××ÓØÛßÒß ×¬»³ Ò±ò ê ðëðïðð ßÔÔ ÐÎÑÐÛÎÌ×ÛÍ ßÎÛ ×Ò ÌØÛ ßÔÐØß øÒÑÎÌØÛßÍÌ ßÎÛß÷ ÎÛÜÛÊÛÔÑÐÓÛÒÌ ßÎÛßò Ú»»¬ Í»°¬»³¾»® ïëô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíìï îçèï Û¿¬ Ô¿ Ö±´´¿ Í¬®»»¬ ïðêðï ðëðïðð ß»®·¿´ Ð¸±¬±æ Ö«´§ îððê Ú»»¬ Í»°¬»³¾»® ïëô îððè Í«¾¶»½¬ Ð®±°»®¬§ Ý±²¼·¬·±²¿´ Ë» Ð»®³·¬ Ò±ò îððèóðëíìï îçèï Û¿¬ Ô¿ Ö±´´¿ Í¬®»»¬ ïðêðï ITEM NO. 6 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE:SEPTEMBER 15, 2008 FROM: PLANNING SERVICES MANAGER DAVID SEE, PROJECT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05341 LOCATION: 2981 East La Jolla Avenue APPLICANT/PROPERTY OWNER: The applicant is Nayib Chaibun with Ware Malcomb Architects and the property owner is RLR Investments, LLC. REQUEST: The applicant is requesting to expand an existing truck terminal. RECOMMENDATION: That the Commission approve the attached resolution determining that a CEQA Categorical Exemption, Class 1 serve as the appropriate environmental document for the project and approve Conditional Use Permit No. 2008-05341. BACKGROUND: The 2.3-acre property is currently developed with an existing 8,388 square foot warehouse building. The property is located in the Northeast Area Specific Plan, Development Area 1 – Industrial Area (SP94-1, Development Area 1) zone. The property is also located within the Merged Redevelopment Project Area. The General Plan designates this property and surrounding properties for Industrial land uses. In 1981, the Planning Commission approved Conditional Use Permit No. 2162 to permit a truck terminal. PROPOSAL: The applicant proposes to expand the existing one-story warehouse building with an additional 9,105 square feet. The facility will operate on a daily basis with trucks arriving and departing 24 hours a day. Merchandise will be unloaded from the truck dock and transferred to another truck on the opposite side of the building. Office hours are from 8 a.m. to 5 p.m. Monday through Friday. Approximately 10 employees would be on the site during daytime business hours. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ßÌÌßÝØÓÛÒÌ ÒÑò ï [DRAFT] ATTACHMENTNO.2 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1 (EXISTING FACILITIES) AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05341 (2981 EAST LA JOLLA STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008-05341 to expand an existing trucking facility on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference. WHEREAS, on January 26, 1981, the Anaheim City Planning Commission, by its Resolution No. PC81-26, did approve Conditional Use Permit No. 2162 to permit a truck terminal; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 15, 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; WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.The proposed use to permit the expansion of an existing truck terminalis properly one for which a conditional use permit is permitted under authority of Code Section No. 18.120.050.010.0516 (Truck Yards or Terminals). 2.The proposal, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the truck terminal would be compatible with the surrounding industrial uses. 3.The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 4.The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5.Granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. -1-PC2008-*** 6.That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-05341 subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of 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 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 September 15, 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 -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 Commission held on September 15, 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. 2008-05341 -4- PC2008-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2008-05341 RESPONSIBLE NO.CONDITIONS OF APPROVAL FOR MONITORING PRIOR TO ISSUANCE OF A BUILDING PERMIT, OR WITHIN A PERIOD OF ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST 1 That trash storage areas shall be provided and maintained in a Planning location acceptable to the Public Works Department and in Code accordance with approved plans on file with said Enforcement Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. 2That plans shall be submitted to the City Traffic and Public Works Transportation Manager for his review and approval in conformance with the Engineering Standard No. 472 pertaining to truck dock parking and circulation. 3That all existing water services shall conform to current Water Water Utility Standards. Any existing water services that Engineering are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by the developer. 4That all requests for new water services or fire lines, as well Water as any modifications, relocations, or abandonment of Engineering existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 5That all backflow equipment shall be located above-ground Water and outside of the minimum street setback area in a manner Engineering fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback -5- PC2008-*** area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 6That the roof top address numbers shall be provided for the Police police helicopter. Numbers should face the street with a minimum size of 4 feet in height and two feet in width with a minimum 6 inch thickness and 12 to 18 inches apart, painted with contrasting colors to the roofing material. 7That plans shall be submitted to the Planning Department Planning for review and approval showing conformance with the current version of Engineering Standard Details 402, 436, 470, and 471 pertaining to parking standards and Engineering Standard Detail 473 pertaining to driveway locations and driveway spacing. Subject property shall thereupon be developed and maintained in conformance with said plans. 8That final detailed landscape plans shall be submitted to the Planning Planning Services Division for review and approval. Any decision by staff regarding said plans may be appealed to the Planning Commission as a “Reports and Recommendations” item. 9 That prior to final building and zoning inspections, fire lanes Fire shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. 10That adequate lighting of parking lots, driveway, circulation Planning areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of a minimum of one footcandle to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Planning and Research Division approval. 11The applicant shall submit a letter requesting termination of Planning Conditional Use Permit No. 2162 -6- PC2008-*** GENERAL CONDITIONS 12That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 13The 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 and 2, and as conditioned herein. 14Timing 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. 15Extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. -7- PC2008-***