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PC 2011/08/01City of Anaheim Planning Commission Agenda Monday, August 1, 2011 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Stephen Faessel Chairman Pro-Tempore: Peter Agarwal Commissioners: Todd Ament, Michelle Lieberman,Harry Persaud Victoria Ramirez, John Seymour Call To Order -5:00 p.m. Pledge Of Allegiance Items of Public Interest Oath or Affirmation of Allegiance: Swearing inof New Planning CommissionerMichelle Lieberman Appointments New Planning Commission Chairman and Chairman Pro-Tempore Public Comments Consent Calendar Public Hearing Items Commission Updates Discussion Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker cardin advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim websitewww.anaheim.net/planningon Thursday, July28, 2011, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following planningcommission@anaheim.net e-mail address: APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, 10calendar days Tentative Tract and Parcel Maps will be final after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. AnaheimPlanning Commission Agenda -5:00 P.M. Items of Public Interest: Oath or Affirmation of Allegiance: New Planning Commissioner –Michelle Lieberman Planning Commission Appointments: Appointment of a Planning Commission Chairman(Motion) Appointment of a Planning Commission Chairman Pro-Tempore(Motion) Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff,or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. 08/01/11 Page 2of 7 Reports and Recommendations ITEM NO. 1A RECLASSIFICATION NO. 2009- 00229A (DEV2009- 00069A) Location: 331 West Carl Karcher Way The applicant requests review and approval of final plans to permit the construction of a new 3 -story medical office building on a site commonly referred to as the Karcher property. Environmental Determination: A previously- approved Mitigated Negative Declaration has been determined to serve as the appropriate environmental documentation for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Motion Project Planner: David See dsee(a )anaheim. net 08/01/11 Page 3 of 7 Public Hearina Items ITEM NO. 2 PUBLIC CONVENIENCE OR NECESSITY NO. 2008 -00040 (DEV2011- 00066) Location: 770 North East Street The applicant proposes to amend the conditions of approval for an existing service station and convenience store (Arco AM /PM) to allow the sale of beer and wine in single container quantities. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class (Existing Facilities). ITEM NO. 3 ZONING CODE AMENDMENT NO. 2011 -00096 (DEV2011- 00016) Location: Citywide A City- initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code adding a Chapter to create a new `Residential Overlay Zone." The purpose of this Overlay Zone is to allow `by- right" residential development on properties at densities consistent with those allowed by their General Plan designation. Environmental Determination: The proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 21080 of the Public Resources Code. Future rezoning actions would be subject to future site - specific CEQA review. Resolution No. Project Planner: Scott Koehm skoehm(ol anaheim. net Motion Project Planner: Tracy Sato tsato(a)anaheim. net 08/01/11 Page 4 of 7 ITEM NO. 4 ZONING CODE AMENDMENT NO. 2011 -00097 (DEV2011- 00018) Location: Citywide A City- initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code pertaining to the siting, operation and design of emergency shelters. Environmental Determination: The proposed action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code. Continued from the June 20, 2011 Planning Commission meeting. Request for continuance to September 26, 2011 Project Planner: Tracy Sato tsato(olanaheim.net Adjourn to Monday, August 15, 2011 at 5:00 p.m. 08/01/11 Page 5 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m.July 27, 2011_ (TIME)(DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearingsaccessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. Laciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un díahabil antes de la reunión programada. 08/01/11 Page 6of 7 S C H E D U L E 2011 August 15 August 29 September 12 September 26 October 10 October 24 November 7 November 21 December 5 December 19 08/01/11 Page 7of 7 ßÌÌßÝØÓÛÒÌ ÒÑò ï ÚËÔÔÛÎÌÑÒ Ý×ÌÇ ÞÑËÒÜßÎÇ ßÒßØÛ×Ó Ý×ÌÇ ÞÑËÒÜßÎÇ Ý±³³»®½·¿´ñ×²¼«¬®·¿´ øÒ±®¬¸ Ý»²¬®¿´ ß®»¿÷ Î»¼»ª»´±°³»²¬ ß®»¿ çï ÚÎÛÛÉßÇ × × ÜÛÊîððçóðððêç ×ÒÜËÍÌÎ×ßÔ ÑÚÚ×ÝÛÍ Ì × ÝóÙ ÊßÝßÒÌ ÜÛÊîððçóðððêç ÝÑÓÚÑÎÌ ×ÒÜËÍÌÎ×ßÔ ×ÒÒ ÝóÙ × ÜÛÊîððçóðððêç ÜÛÊîððçóðððêç ÊßÝßÒÌ ÝóÙó × ÑÚÚ×ÝÛÍ ÐÎÛó ÜÛÊîððçóðððêç × ÍÝØÑÑÔ ×ÒÜËÍÌÎ×ßÔ ×ÒÜËÍÌÎ×ßÔ ÎÍóî ÝóÙ ÍÚÎ ÝóÙ ßËÌÑ ÝóÙ ÜÛÊîððçóðððêç ÜÛßÔÛÎó ÜÛÊîððçóðððêç ÝßÎÔ ÕßÎÝØÛÎ ÍØ×Ð ÎÍóî ÊßÝßÒÌ ÑÚÚ×ÝÛÍ ÍÚÎ × ÝóÙ × ×ÒÜËÍÌÎ×ßÔ ßËÌÑ ÎÛÐß×Îñ ×ÒÜËÍÌÎ×ßÔ ÝóÙ ÍÛÎÊ×ÝÛ ÝßÎÔùÍ ÖÎò ÎÍóî ÝóÙ ÍÚÎ ÍÛÎÊ×ÝÛ × ÍÌßÌ×ÑÒ ×ÒÜËÍÌÎ×ßÔ ÝóÙ ÎÓóìÎÓóì ÐßÔÓ ÎÓóì ÊßÝßÒÌÍÚÎ ÐÎ ÎÓóì ÓÑÌÑÎ ÓÛÜ×ÝßÔ ÑÚÚ×ÝÛ ÝóÙ ÊßÝßÒÌ ÊßÝßÒÌ ÔÑÜÙÛ ÎÛÌß×Ô ÝóÙ ÐÎ ÓÛÜ×ÝßÔ ÑÚÚ×ÝÛ ÑÚÚ×ÝÛÍ ÝóÙ ÝóÙ ÝóÙ ÎÛÌß×Ô ÎÛÌß×Ô ÑÚÚ×ÝÛÍ ÝóÙ ÎÛÌß×Ô ðëðïðð p ß»®·¿´ Ð¸±¬±æ ß°®·´ îððç Ú»»¬ ßÐÒæ ðéíóðèíóïì ðéíóðèíóïê Í«¾¶»½¬ Ð®±°»®¬§ ðéíóðèíóîç ðéíóðèíóïí ðéíóðèíóíð ðéíóðèíóîè ¤ çï ðéíóðèíóðï ðéíóðèíóîê ðéíóðèíóîé ðéíóðèíóíî ÜÛÊîððçóðððêçß ðéíóðèíóïé ðéíóðèíóíï ðéíóðèíóîì ðéíóðèíóîë ðéíóðèíóïè ííï É»¬ Ý¿®´ Õ¿®½¸»® É¿§ ïðèèï ßÌÌßÝØÓÛÒÌ ÒÑò ï ÚËÔÔÛÎÌÑÒ Ý×ÌÇ ÞÑËÒÜßÎÇ ßÒßØÛ×Ó Ý×ÌÇ ÞÑËÒÜßÎÇ ðëðïðð p ß»®·¿´ Ð¸±¬±æ ß°®·´ îððç Ú»»¬ ßÐÒæ ðéíóðèíóïì ðéíóðèíóïê Í«¾¶»½¬ Ð®±°»®¬§ ðéíóðèíóîç ðéíóðèíóïí ðéíóðèíóíð ðéíóðèíóîè ¤ çï ðéíóðèíóðï ðéíóðèíóîê ðéíóðèíóîé ðéíóðèíóíî ÜÛÊîððçóðððêçß ðéíóðèíóïé ðéíóðèíóíï ðéíóðèíóîì ðéíóðèíóîë ðéíóðèíóïè ííï É»¬ Ý¿®´ Õ¿®½¸»® É¿§ ïðèèï ßÌÌßÝØÓÛÒÌ ÒÑò î ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ßÌÌßÝØÓÛÒÌ ÒÑò ï ÎÓóìÎÓì ÜËÐÔÛÈ ÚÑËÎÐÔÛÈ ÎÓóì ÜËÐÔÛÈ ÎÓóì ÎÓóì ßÐÌÍ ÜËÐÔÛÈ ïê ÜË ÎÓóì ÎÍóî ÜËÐÔÛÈ Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ Û ÞÛÔÓÑÒÌ ßÊÛ ÎÍóî ÎÓóì ÎÛÌß×Ô ßÐßÎÌÓÛÒÌÍ ïè ÜË ÎÓóì ÎÍóî ÎÓóì ßÐßÎÌÓ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ ßÐßÎÌÓÛÒÌÍ ïë Ü ìè ÜË ÎÓóí ÝóÙ ÚÑËÎÐÔÛÈ ÎÝÔ îððèóððîïê ÎÝÔ ëíóëìóîî ÎÓóî ÎÝÔ çïóçîóï ßÐßÎÌÓÛÒÌÍ ÝËÐ îððèóðëíðç ïè ÜË ÝËÐ íìíè ÎÍóî ÝËÐ ïèêí Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ ÝËÐ îððèóðëíðçß ÝËÐ îíë Ó×ÍßÜÐ îî ÜÛÊ îðïïóðððêê ÐÝÒ îððèóðððìðß ÙÐß îððèóððìêì ÐÝÒ îððèóðððìð ÍÛÎÊ×ÝÛ ÍÌßÌ×ÑÒ Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ ÎÍóî Û ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ ÒÝÛ ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðíëóîìïóðé Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððêê ééð Ò±®¬¸ Û¿¬ Í¬®»»¬ ïïïíì ßÌÌßÝØÓÛÒÌ ÒÑò ï Û ÞÛÔÓÑÒÌ ßÊÛ ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðíëóîìïóðé Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððêê ééð Ò±®¬¸ Û¿¬ Í¬®»»¬ ïïïíì ÅÜÎßÚÌÃ ßÌÌßÝØÓÛÒÌ ÒÑò î RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION ANDAPPROVINGANAMENDMENT TO CONDITIONAL DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITYNO.2008-00040(TRACKING NO.PCN2008-00040A) ANDAMENDINGCERTAIN CONDITIONS OF APPROVAL OF RESOLUTIONNO.PC2008-54 (DEV2011-00066) (770NORTH EAST STREET) WHEREAS, on May 8, 2008, the Anaheim City Planning Commission, by its Resolution No. PC2008-54, did approve Public Convenience or Necessity No. 2008-00040to authorizethe sale of beer and wine for off-premises consumption in conjunction with a service station and accessory convenience market; and WHEREAS, Resolution No.PC2008-054, includes the following conditions of approval: “18.Beer and malt beverages shall not be sold in packages containing less than a six (6) pack for off-premise consumption and wine coolers shall not be sold in packages containing less than a four (4) pack. 20.Wine shall not be sold in bottles or containers smaller than 750 ml, and wine-coolers and beer-coolers must be sold in manufacturer prepackaged multi-unit quantities.” WHEREAS, this property is currently developed withaservice station,2,720square foot convenience market building,and car washand is located in the General Commercial (C-G) zoneand the Anaheim General Plan designates this property for General Commercialland uses; and WHEREAS, the Planning Commission did receive a verified Petition to amend Public Convenience or NecessityNo. 2008-00040,to modify or delete certain conditionsof approval pursuant to Code Section No. 18.60.190of the Anaheim Municipal Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference;and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onAugust 1, 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 “Procedures”, to hear and consider evidence for and against said amendment and to investigate and make findingsand recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. -1-PC2010-*** 2.The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3.The existing permit has been consistently exercised in a manner that is not detrimental to either the particular area or to the health and safetyof the citizens of the City of Anaheimand there have not been any code violationsrelating to the subject property. 4.With regard to the deletion ofCondition Nos.18and 20 pertaining tothe sales of single- servingcontainers of beerand wine, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is compatible with the surrounding area and the Police Department has determined that the crimes in this area are typical to areas of dense residential uses and not related to the sale of alcohol at this location. 5.Theproposeduse at the time of approval wasproperly one for which a determination of Public Convenience or Necessitywas authorized by the Zoning Code. 6.The use,asamended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is locatedas the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property. 7.The size and shape of the site forthe existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the convenience market has been operating in conformance with all conditions of approvaland there have been no code violations on the property. 8.The traffic generated by the existing use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areaas the convenience market has been operating in conformance with all conditions of approvaland there have been no code violations on the propertyor complaints of parking or traffic impacts. 9.The Anaheim Police Department does not opposethe request to delete the conditions of approval.Based uponresearch of crime statistics for the area and calls for service to this location, there is no indication of any identifiable problems associated with the proposed sales of beer and wine singles. WHEREAS, the proposed project falls within the definitionof Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Resolution No. PC2008-054, adopted in conjunction with Public Convenience or Necessity No.2008-00040, to delete Condition Nos.18and 20pertaining to the restrictionrelating to the sale ofalcoholic beverages and the sale of beerand winein multi-unit packages. -2-PC2011-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in theirentirety, the conditions of approval adopted in connection with ResolutionNo.PC2008-054,as previously amended, to read as shownin Exhibit “B” attached hereto and incorporated herein by this reference,which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health,safetyand general welfareof the citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No.PC2008-054, approving Public Convenience or NecessityNo.2008- 00040, as previously amended, shall remain if full force and effect. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of thisapplication constitutes approval of the proposed request onlyto the extent that itcomplies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofAugust 1, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** 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 onAugust 1, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: st IN WITNESS WHEREOF, I have hereunto set my handthis 1day of August,2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** -5-PC2011-*** ÛÈØ×Þ×Ì Þ ßÓÛÒÜÓÛÒÌ ÌÑ ÐËÞÔ×Ý ÝÑÒÊÛÒ×ÛÝÛ ÑÎ ÒÛÝÛÍÍ×ÌÇ ÒÑò îððèóðððìð øÜÛÊîðïïóðððêê÷ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔÎÛÊ×ÛÉ ÞÇ TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS OR WITHIN A PERIOD OF ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST 1That this Public Convenience or Necessity No. 2008-000040 is Planning hereby granted expressly conditioned upon approval of General Plan Amendment No. 2008-00464, Reclassification No 2008- 00216 and Conditional Use Permit No. 2008-05309. 2The 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 Exhibit No. 1 through 8 and as conditioned herein. 3Complete a Burglary/Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Department prior to initial alarm activation. 4Business shall be equipped with an alarm system (silent or Police audible). 5File Emergency Listing Card, Form APD-281, with the Police Police Department, available at the Police Department front counter. TIMING: ONGOING DURING OPERATION 6This permit is approved without limitations on the hours of Planning 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. TIMING: GENERAL CONDITIONS Security measures shall be provided to the satisfaction of the Police Anaheim Police Department to deterunlawful conduct on the part of employees or patrons, and promote the safe and orderly 7 assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. -6-PC2011-*** There shall be noexterior advertising or sign of any kind or type, Police including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 8 Interior displays of alcoholic beverages or signs for alcoholic beverages whichare clearly visible to the exterior shall constitute a violation of this condition. The area of alcoholic beverage displays shall not exceed 25% of Police 9 the total display area in the building. Sales of beer and wine shall be made to customers only when the Police 10 customer is in the building. No person under 21 years of age shall sell or be permitted to sell Police 11 beer or wine. 12No distilled spirits are allowed under this license.Police The possession of alcoholic beverages in open containers and the Police 13consumption of alcoholic beverages are prohibited on or around these premises. The parking lot of the premises shall be equipped with lighting Police of sufficient power to illuminate and make easily discernible the 14appearance and conduct of all persons on or about the parking lot. Additionally the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. There shall be no amusement machines, video game devices, or Police 15 pool tables maintained on the premises at any time. There shall be no public telephones on the property that are Police 16locates outside the building and within the control of the applicant. No display of alcoholic beverages shall be located outside ofaPolice 17building or within five (5) feet of any public entrance to the building. 18Condition Deleted The gross sales of alcoholic beverages shall not exceed 35 percent Police of all retail sales during any three month period. The applicant 19shall maintain records sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 20Condition Deleted -7-PC2011-*** The property shall be permanently maintained in an orderly Planning fashion through the provision of regular landscaping 21 maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. The 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 22the 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. Extensions for further time to complete conditions of approval Planning 23may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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, 24State 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-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò ê ßÌÌßÝØÓÛÒÌ ÒÑò é ßÌÌßÝØÓÛÒÌ ÒÑò è City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ßÌÌßÝØÓÛÒÌ ÒÑò ï ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.34OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO THE RESIDENTIAL OPPORTUNITY (RO) OVERLAY ZONE. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Chapter 18.34of Title 18of the Anaheim Municipal Code be added as follows: Ý¸¿°¬»® ïèòíì ÎÛÍ×ÜÛÒÌ×ßÔ ÑÐÐÑÎÌËÒ×ÌÇ øÎÑ÷ ÑÊÛÎÔßÇ ÆÑÒÛ Í»½¬·±²æ 18.34.010 Purpose. 18.34.020Applicability. 18.34.030Implementation. ïèòíìòðïð ÐËÎÐÑÍÛò .010 Purpose: The purpose of this Chapter is to establish the Residential Opportunity (RO) Overlay Zone and provide “by-right”housing development opportunities consistent with a property’sresidential General Plan land use designation. This Overlay Zone is intended to be applied to properties that are currently zoned and/or developed with non-residential uses but designated for multiple-family residential uses by the City’s General Plan. Examples of non- residential zones to which the Overlay Zone may be applied include,but are not limited to,the General Commercial (C-G), Transitional (T), and Industrial (I) zones. The Overlay Zone is further intended to serve as an implementation tool of theCity’s Housing Elementof the General Plan by facilitating residential development on identified “housing opportunity sites.” .020Objectives:The Residential Opportunity (RO) Overlay Zone has the following major objectives: .0201Create“by-right” opportunities for residential development on sites throughout the City, consistent with the density allowed by their current General Plan designation. .0202To implement state laws that requirecities to demonstrate available land capacity and zoning tools toaccommodate the City’s projected need for housing; .0203Provide a mix of housing types;and, .0204Stimulate market-driven development investment. ïèòíìòðîð ßÐÐÔ×ÝßÞ×Ô×ÌÇò .010Application to Area.The (RO) Overlay Zone may be applied to properties that currently maintain an underlying non-residential zone designation within the City.The Overlay Zone may also be applied to propertieswith an existing residential zoningdesignation that does not yield the maximum density allowed by a property’s General Plan designation. .020Option to UseUnderlying Zone or Overlay Zone. .0201This Chapter shall provide the option of either developingunder the provisions of a property’s underlying zone designation or under the provisions of the Overlay Zonethat allow by-right multiple-family residential development. ïèòíìòðíð ×ÓÐÔÛÓÛÒÌßÌ×ÑÒò .010The development of by-right residential uses through implementation of the (RO) Overlay Zoneshall be in accordance with the uses and requirements set forth in Chapter 18.06 (Multiple-Family Residential Zones).Specifically, the followingapplicablezoning designations shall be utilizedwhen developing multiple-family residential development consistent with each property’sGeneral Plan Land Use designation: .0101Parcels designated as Medium Density Residential in the General Plan Land Use Element shall be subject to the (RM-4) Multiple-Family zoning designation. .0102Parcels designated as Low-Medium Density Residential in the General Plan Land Use Element shall be subject to the (RM-3) Multiple Family zoning designation. .020All requirements set forth in Chapter 18.06 (Multiple-Family Residential Zones) shall be applicable to parcels designated with the (RO) Overlay Zonewhen the option to develop by- right multiple-family residential development under the provisions of this Chapter isexercised. .030Prior to the issuance of any building permit for by-rightresidential development under the provisions of this Chapter, the property owner shall submit a written request to terminate any existing variances, conditional use permits, or other non-applicable land useentitlements. .040Existing Non-Residential Uses: .0401Existing non-residential development that is not permitted in the applicable zone from Chapter 18.06 (Multiple-Family Residential Zones) shall be removed prior to development of a residential use. .0402Existing non-residential development that is a conditionally-permitted use in the applicable zone shall require a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .050Conversions of existing structures, including, but not limited to,existing hotel or motel structures,into aresidential use may be permitted subject to the approval of a conditional use permit pursuant to Chapter 18.66 (Conditional UsePermits). .060The provisions of Chapter 18.52 (Density Bonuses)shall apply to any by-right multiple-family residential use developed under the provisions of the Overlay Zone. SECTION 2.SEVERABILITY The City Council of the City of Anaheim herebydeclares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 3.SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4.PENALTY Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2011, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2011, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: ___________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net