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PC 2012/07/30 City of Anaheim Planning Commission Agenda Monday, July 30, 2012 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Victoria Ramirez • Chairman Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Stephen Faessel, Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates Presentation by John Woodhead, Acting Executive Director of Community Development, Regarding the Dissolution of the Anaheim Redevelopment Agency • Discussion • Adjournment 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. 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 website www.anaheim.net/planning on Thursday, July 26, 2012, 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 e-mail address: planningcommission@anaheim.net 07/30/12 Page 2 of 5 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, Tentative Tract and Parcel Maps will be final 10 calendar days 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. Anaheim Planning Commission Agenda - 5:00 P.M. 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. 07/30/12 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 4114C (DEV2012-00079) Location: 3150 West Lincoln Avenue The applicant proposes to reinstate an expired permit for a dance studio and entertainment venue; and to modify the operation of the business to include accessory banquet facilities within an existing commercial tenant space. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Staff Report New Correspondence Project Planner: Kevin Clausen kclausen@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2012-05612 PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00087 (DEV2012-00062) Location: 2000 East La Palma Avenue The applicant proposes to establish a convenience market with beer and wine sales for off-premises consumption within an existing vacant commercial building. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Staff Report New Correspondence Project Planner: David See dsee@anaheim.net Adjourn to Monday, August 13, 2012 at 5:00 p.m. 07/30/12 Page 4 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. July 25, 2012_ (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 hearings accessible 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. La ciudad 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 día habil antes de la reunión programada. 07/30/12 Page 5 of 5 S C H E D U L E 2012 August 13 August 27 September 10 September 24 October 8 October 22 November 5 November 19 December 3 December 17 December 31 C-GRETAIL RM-4MIRACLE TERRACERETIREMENT CENTER66 DU RS-2SINGLE FAMILY RESIDENCE RM-4CAMBRIDGE TERRACEAPARTMENTS60 DU RS-2SINGLE FAMILY RESIDENCE C-GRETAIL RM-4WESTERN TERRACEAPARTMENTS24 DU RM-2TOWNHOMES28 DU C-GVETERINARYCLINIC RM-3TRIPLEX C-GRESTAURANT RS-2SINGLE FAMILY RESIDENCE RM-4APARTMENTS20 DU RS-2SINGLE FAMILYRESIDENCE C-GRETAIL RM-4VILLA ARMSAPARTMENTS40 DU RM-4APARTMENTS12 DU RM-4FOURPLEX RM-4WESTMONTAPTS C-GRESTAURANT C-GAUTOREPAIR/SERVICE RM-4ATHENIANAPARTMENTS31 DU RM-4GLENWOODAPARTMENTS78 DU C-GAUTO REPAIR/SERVICE RS-2SINGLE FAMILY RESIDENCE C-GCAR WASH RM-4FOURPLEX RM-4APTS12 DU RM-2DUPLEX RS-2SINGLE FAMILY RESIDENCE RM-4FOURPLEX RS-2DUPLEX RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-GRETAIL W LINCOLN AVE S WESTERN AVEN WESTERN AVEW LINCOLN AVE W LINCOLN AVE W POLK AVE W DEL MONTE D R S TOPANGA DRS HARDING AVEW CABOT DR W. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S. DALE AVES. KNOTT AVEN. DALE AVE. KNOTT AVES. BEACH BLVD. LINCO LN AVE W. LINCOLN AVE 3 1 5 0 Wes t Linc oln Avenue D E V N o. 2012-00079 Subject Property APN: 135-281-19 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 W LINCOLN AVE S WESTERN AVEN WESTERN AVEW LINCOLN AVE W LINCOLN AVE W POLK AVE W DEL MONTE D R S TOPANGA DRS HARDING AVEW CABOT DR S LOMA LINDA DRW. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S. DALE AVES. KNOTT AVEN. DALE AVE. KNOTT AVES. BEACH BLVD. LINCO LN AVE W. LINCOLN AVE 3 1 5 0 Wes t Linc oln Avenue D E V N o. 2012-00079 Subject Property APN: 135-281-19 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012- RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING A REINSTATEMENT AND AMENDMENT TO CONDITIONAL USE PERMIT NO. 4114 (TRACKING NO. CUP4114C) AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2002-141 (DEV2012-00079) (3150 WEST LINCOLN AVENUE, SUITE 128) WHEREAS, on June 7, 1999, the Anaheim City Planning Commission, by its Resolution No. 99-101, did approve Conditional Use Permit No. 4114 to establish conformity with the land use requirements of the then exiting Zoning Code for an existing commercial retail center and to permit a dance studio and public dance hall within the same commercial center for a one-year period with waiver of the minimum number of parking spaces; and WHEREAS, on May 22, 2000, the Anaheim City Planning Commission, by its Resolution No. PC2000-66, did approve Conditional Use Permit No. 2000-04209 to reinstate Conditional Use Permit 4114 to permit a dance and fitness studio and public dance hall for two additional years to expire May 22, 2002; and WHEREAS, on July 15, 2002, the Anaheim City Planning Commission, by its Resolution No. PC2002-141, did approve Conditional Use Permit No. 2002-04564 to amend and adopt in connection with Conditional Use Permit No. 4114, to reinstate the dance studio and public dance hall within a commercial center for four additional years, and to amend the waiver of minimum number of parking spaces; and WHEREAS, Conditional Use Permit 2002-04564 includes the following conditions of approval: “ 1. That the dance studio/public dance hall portion of Conditional Use Permit 4114 shall expire on December 15, 2006. 9. That a maximum of fifty (50) patrons shall be permitted on the premise at any time. WHEREAS, this property is currently developed with an 80,513 square foot commercial center and is located in the General Commercial (C-G) zone and the Anaheim General Plan designates this property for Residential Low Medium land uses; and WHEREAS, the Planning Commission did receive a verified Petition to reinstate and amend Conditional Use Permit No. 4114, as amended by Conditional Use Permit No. 2000-04209 and Conditional Use Permit No. 2002-04564 (collectively referred to herein as the "Conditional Use Permit"), to modify or delete certain conditions of approval pursuant to Sections 18.60.190 and 18.60.180 of 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 - 2 - PC2012-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 30, 2012, 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 Chapter 18.60 of the Anaheim Municipal Code, , to hear and consider evidence for and against said amendment and reinstatement of the Conditional Use Permit 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, 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 any 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 that the periodic review of the use is no longer necessary and/or that it can be determined that, due to changed circumstances, the use is consistent with the City's long-term plans for the area. 5. The existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 6. The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the dance studio and entertainment venue has been operating in conformance with all conditions of approval and there have been no code violations on the tenant space relating to land use. 7. 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 as the dance studio, entertainment venue and banquet facility has been operating in conformance with all conditions of approval and 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 area as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property or complaints of parking or traffic impacts. - 3 - PC2012-*** WHEREAS, the Conditional Use Permit, as amended and reinstated, falls within that class of projects which consist of the operation, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that previously existing and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the amendment to the Conditional Use Permit will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of the California Environmental Quality Act (Public Resource Code Section 21000 et seq.). NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons herein above stated does hereby approve the reinstatement and amendment of the Conditional Use Permit and to amend the description to include banquet facilities 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. 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 the reinstatement and amendment of the Conditional Use Permit, including the deletion of the aforementioned Condition No. 1, modification of Condition No. 9 and the inclusion of banquet facilities, is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of the Conditional Use Permit, shall remain in 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 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. - 4 - PC2012-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 30, 2012. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: 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 30, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of July, 2012. _____ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 4114C (DEV2012-00079) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 That the hours of operation shall be limited to the following: Monday: Closed Tuesday - Sunday: 5:00 p.m. – midnight Code Enforcement 2 That the rear door located on the east wall of this tenant space shall be used for emergency existing purposes and shall remain closed during hours of operation. Police 3 That any activity described in Section 18.89 of the Anaheim Municipal Code as a “sex-oriented business” shall not be permitted on these premises. Police 4 That no alcoholic beverages shall be sold or consumed on the premises. Police 5 That a maximum of one hundred and twenty (120) patrons shall be permitted on the premise at any time. Code Enforcement 6 That no live bands shall be permitted on the premises unless a Entertainment Venue Permit is obtained and that all dancing activities be conducted in compliance with Chapter 18.16 of the Anaheim Municipal Code pertaining to entertainment venues. Code Enforcement 7 That noise levels shall be in compliance with Code Section 6.70 and 6.72 pertaining to maximum permitted sound pressure levels and amplified sound. Code Enforcement 8 That, as stipulated by the petitioner, security guards shall be provided during all entertainment venue and banquet facility hours. Police 9 That the subject property shall be developed substantially in accordance in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision 1 of Exhibit No.1 and Exhibit No. 2, and as conditioned herein. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4   ATTACHMENT NO. 5 RESOLUTIONNOPC2002141ARESOLUTIONOFTHEANAHEIMCITYPLANNINGCOMMISSIONREINSTATINGANDAPPROVINGTHEDANCESTUDIOANDPUBLICDANCEHALLPERMITTEDINCONNECTIONWITHCONDITIONALUSEPERMITNO4114ANDAMENDINGCERTAINCONDITIONSOFAPPROVAADOPTEDTHEREWITHWHEREASonJune71999theAnaheimCityPlanningCommissiondidbyitsResolutionNoPC99101approveConditionalUsePermitNo4114toestablishconformirywithexistingZoningCodelanduserequirementsforanexistingnonconformingcommercialcenterandliquorstoreandtopermitadancestudioandpublicdancehallwithinthesamecommercialcenterandwithwaiverofminimumnumberofparkingspaces716spacesrequired447spacesproposedandthatConditionNo3ofsaidresolutionspecifiesthatthedancestudioandpublicdancehallshallexpireinoneyearonMay102000andWHEREASonMay222000thePlanningCommissiondidbyitsResolutionNoPC200066reinstateandapprovethedancestudioandpublicdancehallforanotherfinroyearsuntilMay222002andamendtheconditionsofapprovalandthatConditionNo1ofsaidresolutionspecifiesthehoursofoperationofthedancestudioandpublicdancehallshallbePrivateLessonsPublicDancinaMondayclosedclosedTuesday500pm1100pmnoneWednesday500pm730pm800pmmidnightThursday500pm1100pmaneFriday330pm730pm800pmmidnightSaturday330pm730pm800pmmidnightSunday330pm830pmnoneWHEREASthepropertyisdevelopedwithacommercialcenterincludingEZDancingCompanyat3150WestLincolnAvenueSuite128thatthezoningisCLCommercialLimitedthatthepropertyislocatedintheWestAnaheimCommercialCorridorsRedevelopmentProjectAreaandthattheAnaheimGeneralPlanLandUseElementdesignatestheproperryforGeneralCommerciallandusesandWHEREASpursuanttoSection1803093oftheAnaheimMunicipalCodethepetitionerhasrequestedreinstatementofthedancestudioandpublicdancehallwhichusesexpiredonMay222002withinthecommercialcenteramendmenttotheparkingwaiver765spacesrequired399spacesproposedandmodificationofConditionNo1pertainingtothepermittedhoursofoperationasfollowsPrivateLessonsPublicDancinqMondayclosedclosedTuesdaythroughSunday500pm730pm730pmmidnightWHEREAStheCityPlanningCommissiondidholdapublichearingattheCivicCenterintheCityofAnaheimonJuly152002at130pmnoticeofsaidpublichearinghavingbeendulygivenasrequiredbylawandinaccordancewiththeprovisionsoftheAnaheimMunicipalCodeChapter1803tohearandconsiderevidenceforandagainstsaidproposedamendmentandtoinvestigateandmakefindingsandrecommendationsinconnectiontherewithandthatthepublichearingwascontinuedtotheAugust26andSeptember232002PlanningCommissionmeetingsandWHEREASsaidCommissionafterdueinspectioninvestigationandstudymadebyitselfandinitsbehalfandafterdueconsiderationofallevidenceandreportsofferedatsaidhearingdoesfindanddeterminethefollowingfactsTrackingNoCUP200204564CR5466DMdoc1PC2002141 ATTACHMENT NO. 6 1ThattheuseproposedtobereinstatedisproperlyoneforwhichconditionalusepermitisauthorizedbyZoningCodeSections1844050155and1844050207towitadancestudioandpublicdancehallwithinacommercialcenterwiththefollowingwaiverSections18060500200210212Minimumnumberofoarkinqspaces1806050020022756spacesrequired18060500200260263399spacesproposedandconcurredwithbytheCityTrafficand180680TransportationManagerand18440660502Thattheparkingwaiverundertheconditionsimposedandbasedontheconclusionscontainedinthesubmittedparkingdemandstudydescribedinparagraphs15and16oftheSeptember232002StaffReporttothePlanningCommissionwillnotcausefeweroffstreetparkingspacestobeprovidedfortheproposalthanthenumberofspacesnecessarytoaccommodateallvehiclesattributabletothedancestudioandcommercialcomplexunderthenormalandreasonablyforeseeableconditionsofoperationofsuchuse3Thatthewaiverundertheconditionsimposedwillnotincreasethedemandandcompetitionforparkingspacesuponthepublicstreetsintheimmediatevicinityoftheproposalorthedemandandcompetitionforparkingspacesuponadjacentprivatepropertyintheimmediatevicinityoftheproposal4Thatthewaiverundertheconditionsimposedwillnotincreasetrafficcongestionwithintheoffstreetparkingareasorlotsprovidedfortheproposal5Thatthewaiverundertheconditionsimposedwillnotimpedevehicularingresstooregressfromadjacentpropertiesuponthepublicstreetsintheimmediatevicinityoftheproposal6ThattheproposalasreinstatedandamendedwillnotadverselyaffecttheadjoininglandusesincludingnearbyresidentialusesandthegrowthanddevelopmentoftheareainwhichitislocatedthatthedancestudioandpublicdancehallhaveoperatedinsubstantiallythesamemannerasoriginallyapprovedbythePlanningCommissionandthatthepetitionerhastakensignificantstepstoconformwiththeconditionsofapprovalasevidencedbyinformationprovidedbytheCodeEnforcementDivisionanddiscussedintheSeptember232002StaffReporttothePlanningCommission7Thatthesizeandshapeofthesitefortheproposalasreinstatedandamendedisadequatetoallowfulldevelopmentoftheuseinamannernotdetrimentaltotheparticularareanortothepeacehealthsafetyandgeneralwelfare8Thatthetrafficgeneratedbytheuseasreinstatedandamendedwillnotimposeanundueburdenuponthestreetsandhighwaysdesignedandimprovedtocarrythetrafficinthearea9ThatreinstatingtheuseundertheconditionsimposedwilinotbedetrimentaltothepeacehealthsafetyandgeneralwelfareofthecitizensoftheCityofAnaheim10ThatthisconditionalusepermitisbeingexercisedinsubstantiallythesamemannerandinconformancewithallconditionsandstipulationsoriginallyapprovedbythePlanningCommission11Thatthisconditionalusepermitisbeingexercisedinamannernotdetrimentaltotheparticularareaandsurroundinglandusesnortothepublicpeacehealthsafetyandgeneralwelfare12ThatnooneindicatedtheirpresenceatthepublichearinginoppositiontotheproposalandthatnocorrespondencewasreceivedinoppositionCALIFORNIAENVIRONMENTALQUALITYACTFINDINGThattheAnaheimCityPlanningCommissionhasreviewedtheproposaltoretainadancestudioandpublicdancehallwithinacommercialcenterwithwaiverofminimumnumberofparkingspacesandincludingmodificationofaconditionofapprovalpertainingtohoursofoperationonpropertylocatedat3150WestLincolnAvenue2PC2002141 anddoesherebyfindthattheNegativeDeclarationpreviouslyapprovedinconnectionwithConditionalUsePermitNo4114isadequatetoserveastherequiredenvironmentaldocumentationinconnectionwiththisrequestuponfindingthatthedeclarationreflectstheindependentjudgmentoftheleadagencyandthatithasconsideredthepreviouslyapprovedNegativeDeclarationtogetherwithanycommentsreceivedduringthepublicreviewprocessandfurtherfindingonthebasisoftheinitialstudyandanycommentsreceivedthatthereisnosubstantialevidencethattheprojectwillhaveasignificanteffectontheenvironmentNOWTHEREFOREBEITRESOLVEDthattheAnaheimCityPlanningCommissiondoesherebyamendResolutionNoPC99101aspreviouslyamendedandadoptedinconnectionwithConditionalUsePermitNo4114toreinstatethedancestudioandpublicdancehallwithinacommercialcenterandtoamendthewaiverofminimumnumberofparkingspacesandBEITFURTHERRESOLVEDthattheconditionsofapprovalareherebyamendedintheirentiretytoreadasfollowsThatthedancestudiopublicdancehallportionofConditionalUsePermitNo4114shallexpireonDecember152006ThatthehoursofoperationforthedancestudioandpublicdancehallshallbelimitedtothefollowingPrivateLessonsPublicDancinqMondayclosedclosedTuesdaythroughSunday5pm730pm730pmmidnight3Thatanytreeplantedonsiteshallbereplacedinatimelymannerintheeventthatitisremoveddamageddiseasedandordies4ThattheonsitelandscapingandirrigationsystemshallbemaintainedincompliancewithCitystandards5Thatthereardoorlocatedontheeastwallofthistenantspace3150WestLincolnAvenueSuite128shallbeusedforemergencyexitingpurposesonlyandshallremainclosedduringhoursofoperation6ThatanyactivitydescribedinSection1889oftheAnaheimMunicipalCodeasasexorientedbusinessshallnotbepermittedonthesepremises7ThataPublicDancePermitshallbeobtainedfromtheBusinessLicenseDivisionoftheCityofAnaheimFinanceDepartmentandthatallpublicdanceactivitiesshallbeconductedincompliancewithChapter416oftheAnaheimMunicipalCodepertainingtopublicdancehalls8Thatnoalcoholicbeveragesshallbesoldorconsumedonthepremises9Thatamaximumoffifty50patronsshallbepermittedonthepremisesatanytime10Thatnolivebandsshallbepermittedonthepremises11ThatnoiselevelsassociatedwitfdancelessonsandorpublicdancingactivitiesshallbeincompliancewithCodeSection670and672pertainingtomaximumpermittedsoundpressurelevelsandamplifiedsound12ThatasstipulatedbythepetitionersecurityguardsshallbeprovidedforthedancestudiopublicdancehallduringallpublicdancehallhourstothesatisfactionoftheAnaheimPoliceDepartment13ThatthesubjectpropertyshallbedevelopedsubstantiallyinaccordancewithplansandspecificationssubmittedtotheCityofAnaheimbythepetitionerandwhichplansareonfilewiththePlanningDepartmentmarkedRevision1ofExhibitNo1andExhibitNo2andasconditionedherein3PC2002141 14ThatapprovalofthisapplicationconstitutesapprovaloftheproposedrequestonlytotheextentthatitcomplieswiththeAnaheimMunicipalZoningCodeandanyotherapplicableCityStateandFederalregulationsApprovaldoesnotincludeanyactionorfindingsastocomplianceorapprovaloftherequestregardinganyotherapplicableordinanceregulationorrequirementLiQUOrStorewithsaleofalcoholicbevera4esforoffpremisesconsumption15Thatnowindowsignsshallbepermittedatanytimetoallowunobstructedvisibilityofthestoreinteriorfromoutside16Thatnovideoelectronicorotheramusementdevicesorgamesshallbepermittedanywhereonsubjectproperty17Thatnoadvertisingofalcoholicbeveragesshallbelocatedplacedorattachedtoanylocationoutsidethebuildingandthatanysuchadvertisingshallnotbeaudibleeitherinsideoroutsidethebuilding18Thatnoalcohoficbeveragesshallbeconsumedonthepremises19Thatnodisplayofalcoholicbeveragesshallbelocatedoutsidethebuildingorwithinfive5feetofanypublicentrancetothebuilding20Thatnopersonundertwentyone21yearsofageshallsellorbepermittedtosellanyalcoholicbeverages21fihatnorequiredparkingareasha4begncedorotherwiseenclosedforstorageorotheroutdooruseCommercialRetailCenter22Thatthepropertyshallbepermanentlymaintainedinanorderlyfashionthroughtheprovisionofregularlandscapingmaintenanceremovaloftrashordebrisandremovalofgraffitiwithinfinrentyfour24hoursfromtimeofoccurrence23Thatanytreeorotherlandscapingplantedonsiteshallbereplacedinatimelymannerintheeventthatitisremoveddamageddiseasedandordies24Thatroofmountedballoonsandotherinflateddevicesshallnotbepermitted25ThatalltrashgeneratedbythiscommercialretailcentershallbeproperlycontainedintrashbinscontainedwithinapprovedtrashenclosuresThenumberofbinsshallbeadequateandthetrashpickupsha11beasfrequentasnecessarytoensurethesanitaryhandlingandtimelyremovalofrefusefromthepropertyTheCodeEnforcementDivisionofthePlanningDepartmentshalldeterminetheneedforadditionalbinsandoradditionalpickupAllcostsforincreasingthenumberofbinsorfrequencyofpickupshallbepaidforbythebusinessowner26ThattheparkinglotservingthepremisesshallbeequippedandmaintainedwithlightingofsufficientpowertoilluminateandmakeeasilydiscernibletheappearanceandconductofallpersonsonorabouttheparkinglotSaidlightingshallbedirectedpositionedandshieldedinsuchamannersoasnottounreasonablyilluminatethewindowareasofadjacentproperties27Thatnoexteriorvendingmachineswhicharevisibleoffsiteshallbepermitted28Thattherequiredtreesadjacenttothepublicrightsofwayshallnotbeunnecessarilyprunedforthepurposeofprovidingincreasedvisibilityofthefacility29Thatthree3foothighstreetaddressnumbersshallbedisplayedandmaintainedontheroofofthebuildinginacontrastingcolortotheroofmaterialThenumbersshallnotbevisibletostreetsoradjacentproperties4PC2002141 30ThatanyexistingorproposedroofmountedequipmentshallbeconformwiththerequirementsofAnaheimMunicipalCodeSection1844030120pertainingtotheCLCommercialLimitedZone31Thatthenumberoftenantspacesshallbelimitedtotwentyone21unitsasshownontheexhibitssubmittedbythepetitionerandapprovedbythePlanningCommission32aThatsignageforsubjectfacilityshallbelimitedtothelegalexistingsignsasofthedateofthisresolutionbThatasignplanshowingihowthewesterlysignontheLincolnAvenuefrontagewillberefurbishedandiithattheotherexistingsignsconformwithcurrentCodestandardsshallbesubmittedtotheZoningDivisionforreviewandapprovalbythePlanningCommissionasaReportsandRecommendationsitemcThatanyadditionalsignsshallbesubjecttoreviewandapprovalbythePlanningCommissionasaReportsandRecommendationsitem33Thattheownerofthiscommerciairetailcentershallberesponsibleformaintainingthepremisesfreeoflitteratalltimes34ThatifrequiredbytheUrbanForestryDivisionoftheCommunityServicesDepartmentstreettreesshallbeplantedbythepropertyownerwithinthepublicrightsofwayadjacenttoWesternAvenueandLincolnAvenueThesizetypeandnumberoftreesshallbeprovidedtothesatisfactionoftheUrbanForestryDivision35ThattrashstorageareasshallberefurbishedtothesatisfactionofthePublicWorksDepartmentStreetsandSanitationDivisiontocomplywithapprovedplansonfilewithsaidDepartment36Thatallpublictelephonesshallbelocatedinsidethebuilding37Thatnooutdoorstoragedisplayorsalesofinerchandiseorfixturesshallbepermitted38ThatthesubjectpropertyshallbedevelopedsubstantiallyinaccordancewithplansandspecificationssubmittedtotheCityofAnaheimbythepetitionerandwhichplansareonfilewiththePlanningDepartmentmarkedRevision1ofExhibitNo1andExhibitNo2andasconditionedherein39ThatapprovalofthisapplicationconstitutesapprovaloftheproposedrequestonlytotheextentthatitcomplieswiththeAnaheimMunicipalZoningCodeandanyotherapplicableCityStateandFederalregulationsApprovaldoesnotincludeanyactionorfindingsastocomplianceorapprovaloftherequestregardinganyotherapplicableordinanceregulationorrequirementTHEFOREGOINGRESOLUTIONwasadoptedatthePlanningCommissionmeetingofSeptember232002CHAIRPERSONAHEIMCITYPLANNINGCOMMISSIONATTESToSECRETARYANAHEIMCITYPLANNINGCOMMISSIONSTATEOFCALIFORNIACOUNTYOFORANGEssCITYOFANAHEIM5PC2002141 IEleanorFernandesSecretaryoftheAnaheimCityPlanningCommissiondoherebycertifythattheforegoingresolutionwaspassedandadoptedatameetingoftheAnaheimCityPlanningCommissionheldonSeptember232002bythefollowingvoteofthemembersthereofAYESCOMMISSIONERSBOSTWICKBRISTOLEASTMANKOOSROMEROVANDERBILTNOESCOMMISSIONERSNONEABSENTCOMMISSIONERSBOYDSTUNINWITNESSWHEREOFIhavehereuntosetmyhandthisddaof2002ytSECRETARYANAHEIMCITYPLANNINGCOMMISSION6PC2002141 ATTACHMENT NO. 7 ATTACHMENT NO. 8 200 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. C-GRETAIL TFOURPLEX RS-3SINGLE FAMILY RESIDENCE T S IN G L E F A M IL Y R E S ID E N C E C-GMEDICAL OFFICE RM-4SUMMERHILL VILLAGE APTS92 DU TPRE-SCHOOLDAYCARE RS-2SINGLE FAMILY RESIDENCE C-GOFFICES RM-4APTS5 DU RM-4PINEWOOD VILLAGEAPARTMENTS49 DUTSINGLE FAMILY RESIDENCE RM-3DUPLEXRM-4FOURPLEX C-GRETAIL C-GMEDICAL OFFICE C-GRETAIL C-GRETAILC-GRETAIL C-GRETAIL C-GRETAIL RS-3SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-GRETAIL RS-2SINGLE FAMILY RESIDENCEC-GOFFICES E LA PALMA AVEN STATE COLLEGE BLVDE S Y C A M O R E S T N REDWOOD DR. W.N SOUTH REDWOOD PLE NORTH REDWOOD DR E. LINCOLN AVE E. LA PALMA AVE N. EAST STN. ACACIA STE . B R O A D W A Y N. BL UE GUM STN. PLACENTIA AVEN. SUNKIST STN. RIO VISTA STE. MIRALOMA AV E 2 0 0 0 Ea st La Palma Ave nue D E V N o. 2012-00062 Subject Property APN: 083-013-01 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 E LA PALMA AVEN STATE COLLEGE BLVDE S Y C A M O R E S T N REDWOOD DR. W.N SOUTH REDWOOD PLE NORTH REDWOOD DR E. LINCOLN AVE E. LA PALMA AVE N. EAST STN. ACACIA STE . B R O A D W A Y N. BL UE GUM STN. PLACENTIA AVEN. SUNKIST STN. RIO VISTA STE. MIRALOMA AV E 2 0 0 0 Ea st La Palma Ave nue D E V N o. 2012-00062 Subject Property APN: 083-013-01 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012-05612 AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00087 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2012-00062) (2000 EAST LA PALMA AVENUE) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2012- 05612, pursuant to Section 18.60.190 of the Anaheim Municipal Code, and a Determination of Public Convenience or Necessity No. 2012-00087, to permit beer and wine sales for off-premises consumption within a convenience market to be operated from an existing, presently vacant commercial building located at 2000 East La Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A (the “Property”); and WHEREAS, the Property is currently developed with a 2,307 square foot vacant commercial building; the zoning is General Commercial (C-G); and the Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 30, 2012 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 Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2012-05612 and Public Convenience or Necessity No. 2012-00087, 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 pertaining to the request for Conditional Use Permit No. 2012-05612, does find and determine the following facts: 1. The request to allow beer and wine sales for off-premises consumption in a proposed convenience market is properly one for which a conditional use permit is authorized under Section 18.10.030.010 (Alcoholic Beverage Sales – Off Sale) of the Anaheim Municipal Code. 2. The request to allow the proposed beer and wine sales would not adversely affect the surrounding land uses and the growth and development of the area because the use would be compatible with the surrounding commercial and multiple family residential uses and all activities will occur inside the building. - 2 - PC2012-*** 3. The size and shape of the Property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because sufficient parking will be provided to accommodate the convenience market. 4. The traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical retail businesses that would be permitted as a matter of right within the General Commercial zone. 5. Granting Conditional Use Permit No. 2012-05612 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. 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 pertaining to the request for Public Convenience or Necessity No. 2012-00087, does find and determine the following facts: 1. 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). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license. 3. California State law requires a Determination of Public Convenience or Necessity when property is located in a census tract with more off-sale alcohol licenses than allowed; 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. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and 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 - PC2012-*** 5. The property is located within Census Tract 864.02 with a population that allows for four off-sale ABC licenses and there are presently seven licenses in the tract. In addition, six on-sale licenses are allowed and one presently exists in the tract. The Anaheim Police Department evaluates these requests based on the crime rate within a one-quarter mile radius for the subject site. The proposed location is located in Police Reporting District No. 1528 which has a crime rate that is above the citywide average and the crime rate within ¼ mile of this property is 225% above the citywide average based upon calls for service. Since there is an overconcentration in the number of ABC licenses within this census tract and the crime rate is above the citywide average, a determination of public convenience or necessity is required for this request. 6. A 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 and further that granting 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 beer and wine is ancillary to the proposed store and would serve as an added convenience to residents and visitors to the area who choose to shop at this establishment. WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012-05612 and Public Convenience or Necessity No. 2012-00087, including, specifically, the conditions of approval set forth 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 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 the conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012-05612 and Public Convenience or Necessity No. 2012-00087 is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. - 4 - PC2012-*** BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2012-05612 and Public Convenience or Necessity No. 2012-00087 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 was adopted at the Planning Commission meeting of July 30, 2012. 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 CITY PLANNING COMMISSION ATTEST: 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 30, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of July, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2012-05612 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00087 (DEV2012-00062) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 The developer shall coordinate and cooperate with the City’s “State College and La Palma Intersection Improvements” capital project by the Department of Public Works for the widening and reconstruction of the driveways in the public right-of-way. Public Works 2 The developer shall install signs indicating “No Left Turn” at both driveway exits. These signs shall be compliant with CAMUTCD sign R3-2. Public Works GENERAL 3 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning 4 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Code Enforcement 5 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police 6 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. Police 7 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police 8 Sale of alcoholic beverages shall be made to customers only when the customer is inside the building. Police 9 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police 10 The business owner shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police - 7 - PC2012-*** 11 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. Police 12 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. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Police 13 The property shall be developed substantially in 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 (Site Plan), 2 (Floor Plan), 3-4 (Elevations), and 5 (Landscaping) and as conditioned herein. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 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.