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Resolution-PC 2011-051RESOLUTION NO. PC2011 -051 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04817 AND APPROVING VARIANCE NO. 2011 -04859 AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2004 -6 (DEV2011- 00034) (1500 AND 1620 SOUTH ANAHEIM BOULEVARD) WHEREAS, on January 12, 2004, the Anaheim City Planning Commission (hereinafter referred to as 'Planning Commission "), by its Resolution No. PC2004 -6 did approve Conditional Use Permit 2003 -04817 to permit an indoor sports complex within an existing industrial building for that certain real property located at 1500 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 2003 -04817 to expand an existing indoor sports complex, permit the sale of beer and wine for on -site consumption within a restaurant facility, and use an off-site parking facility on a vacant Southern California Edison (SCE) property located at 1620 South Anaheim Boulevard; and WHEREAS, the Planning Commission did receive a verified Petition for Variance No. 2011 -04859 to permit less parking lot landscaping than required by Code on the vacant SCE property in conjunction with the indoor sports complex; and WHEREAS, the 19 -acre subject property at 1500 South Anaheim Boulevard is developed with two industrial buildings and the 7.7 -acre SCE right -of -way property at 1620 South Anaheim Boulevard is currently vacant. Both properties are located in the I (Industrial) zone and the Anaheim General Plan designates both properties for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 6, 2011, at 5:00 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 the proposed amendment to said conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a conditional use permit, does find and determine the following facts: - 1 - PC2011 -051 1. The request to amend said conditional use permit to expand an existing indoor sports complex and permit the sale of beer and wine for on -site consumption within a restaurant facility is properly one for which a conditional use permit is authorized under Code Section No. 18.10.030.010 (Recreation — Commercial Indoor) and (Alcoholic Beverage Sales — On -Sale) of the Anaheim Municipal Code. 2. The proposed amendment to the conditional use permit to expand an existing indoor sports complex and permit the sale of beer and wine for on -site consumption within a restaurant, as conditioned herein, would 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 building is surrounded by, and integrated with, similar commercial and industrial uses. 3. The size and shape of the site for the use is adequate to allow the full development of the indoor sports complex in a manner not detrimental to the particular area or to the health and safety because the proposed facility will be located within the existing industrial building and no outdoor uses are proposed. 4. The traffic generated by the expansion of the indoor sports complex will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not cause any significant impacts as described in the updated 2011 Traffic Impact and Parking Study prepared by LLG Traffic Engineers. 5. The project does not conflict with the Anaheim General Plan, including the Bicycle Master Plan, in that the project does not preclude the future development of a future pedestrian and bicycle trail along the Southern Califomia Edison (SCE) easement upon expiration of the current lease agreement between SCE and Katella Operating Properties H. 6. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking lot landscaping than required by Code on the off -site SCE parking lot in conjunction with the indoor sports complex. should be approved for the following reasons: SECTION NO. 18.46.060 Repuired parking lot landscaping. (111 trees required; 38 trees proposed). 1. The variance pertaining to the request for less parking lot landscaping than required by Code is hereby approved because there are special circumstances applicable to the property, including size, shape, topography, location or surroundings since the property owner, SCE, does not allow the installation of trees and raised planter curbs in most of the parking lot - 2 - PC2011 -051 area to ensure that vehicular access to the overhead power lines is provided at all times. In addition, the property has a long and narrow configuration, with a depth of 1,230 feet and narrow frontages on two streets, and the overhead electrical transmission lines and support towers occupy most of the property; therefore, there is a minimal amount of area where landscaping can be installed. Lastly, layered landscaping with trees, shrubs, vines, and grouncdcover will be provided in the planters along both street frontages and therefore will screen the parking lot from view of the public rights-of-way. NOW THEREFORE BE IT RESOLVED that the PIanning Commission has reviewed the proposal and does hereby find that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2003- 04817 and Variance No. 2011 -04859 (DEV2011- 00034) to expand an existing indoor sports complex, permit the sale of beer and wine for on -site consumption within a restaurant facility, and use an off -site parking facility on a vacant Southern California Edison (SCE) property with less parking lot landscaping than required by code. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2004 -6, approving Conditional Use Permit No. 2003 - 04817, as previously amended, to read as stated in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC2004 -6, approving Conditional Use Permit No. 2003 - 04817, as previously amended, shall remain if full force and effect. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 3 - PC2011 -051 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION meeting of July 6, 2011. CHAIRMAN, ANAH M CITY PLANNING COMMISSION ATTEST (- 1 SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 6, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: AGARWAL ABSENT: COMMISSIONERS: KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 6 day of July, 2011. r1 SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION d at the Planning Commission - 4 - PC2011 -051 t l APN: 082- 230 -71 k Z 00 C 70' 3 re // X44' EXE IT "A" DEV 2011 - 0003-4 1,062' E CERRITOS AVE 1,223' - 5 - 5 23' 1 ED Subject Property Proposed Parking Lot r s Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1 two to five feet. 11122 PC2011 -051 EXHIBIT `B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04817 AND VARIANCE NO. 2011-04859 (DEV2011- 00034) REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO ISSUANCE OFA BUILDING PERMIT The developer shall submit to the Public Works Department. Public Development Services Division, street improvement plans. Works The plans shall include the installation and construction of landscape, irrigation, driveway approach and storm drain improvements in the public right -of -way. A bond shall be posted to guarantee the construction of all public works improvements. The storm drain improvements shall be designed to convey the allowable peak release rate. On site surface flows in excess of downstream storm drain and street capacities may require all tributary areas to retain flows onsite, construction of detention basins or the retention of excess flows within on -site pipes. The landscape and irrigation improvement plans shall be prepared in accordance with the City Master Street Tree Plan for Arterial Corridors, and Public Works Landscape and Irrigation Manual for Public Street and Highway. The applicant shall submit to the Building Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas. creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in DAMP. • Describes the long -term operation and maintenance requirements for the Treatment Control BMPs. Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. Building - 6 - PC2011 -051 PRIOR TO FINAL BUILDING INSPECTION 3 A Traffic and Parking Management Plan for tournaments, Public other special events, and any other circumstance that requires Works the use of the SCE property for parking shall be updated and submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall specify the number of parking attendants needed to direct traffic, and how traffic will be directed to the overflow parking lot in the SCE parking lot accessed from Claudina Way via Anaheim Way. 4 Provide rooftop address numbers for the police helicopter; Police minimum size 4 ft. in height and 2 ft. in width. The lines of the numbers are to be a minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 5 Parking lots shall include controlled access points to limit Police ingress and egress. This shall include lockable gating at ingress /egress points to prevent afterhours loitering and overnight parking /camping. 6 A Knox box shall be installed at main ingress /egress gates on Police, Fire Claudina Way and Anaheim Boulevard for after -hour fire and police access. 7 Post "No Trespassing 602(k) P.C." signs 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. 8 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners /managers request. 9 Trash storage areas shall be provided and maintained in a Public location acceptable to the Public Works Department and in Works accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. 10 The applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Police Building - 7 - PC2011 -051 • Demonstrate that the applicant is prepared to implement all non - structural BMPs described in the Project WQMP. Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. GENERAL CONDITIONS — RESTAURANT WITH BEER & WINE SALES 11 At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 14 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 15 That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 16 There shall be no admission fee, cover charge, nor minimum purchase required. 17 There shall be no live entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 18 There shall be no lounge or bar area upon the licensed premise maintained for purpose of sales, service, or consumption of beer and wine directly to patrons for consumption. Police 12 The gross sales of beer and wine shall not exceed 40 percent Police of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 13 The sale of beer and wine for off premises consumption shall Police be prohibited. Police Police - 8 - PC2011 -051 GENERAL CONDITIONS 19 The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 20 All doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress /egress, deliveries and in cases of emergency. 21 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 22 That on -going during project operation, as directed per the approved Traffic and Parking Management Plan, parking attendants, directional signage, and any other measures identified in the approved Plan shall be provided to direct overflow traffic to the overflow parking lot in the Edison Right of Way, accessed via Claudina Way. 23 24 25 That on -going during project operation, bike racks shall be provided adjacent to the facility. On -going during project operation, no required parking area shall be fenced or otherwise enclosed for outdoor storage. The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 26 The operation of this use is contingent upon the continued availability of a minimum of 902 parking spaces as recommended in the parking study prepared by LLG Traffic Engineers dated June 17, 2011. Any proposed modifications to the approved parking arrangement shall be subject to the review and approval of Planning Department and Public Works Department staffs. - 9 - Police Fire Police Public Works Public Works Code Enforcement Code Enforcement Planning Public Works PC2011 -051 27 The property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Overall Site Plan), 2 (Basketball Floor Plan), 3 (Volleyball Floor Plan), and 4 (SCE Site Plan), and as conditioned herein. - 10 - PC2011 -051