PC 2012/12/17
City of Anaheim
Planning Commission
Agenda
Monday, December 17, 2012
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chair: Victoria Ramirez
• Chair 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
• 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,
December 13, 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
12/17/12
Page 2 of 6
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.
12/17/12
Page 3 of 6
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 3333A
PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00092
SPECIFIC PLAN AMENDMENT NO. 2012-00064
(DEV2012-00121)
Location: 8000 East Santa Ana Canyon Road
Request: To amend a conditional use permit for an existing
service station in order to permit beer and wine sales for off-
premises consumption; to make an associated determination
of public convenience or necessity to permit a Type 20 (Off-
Sale Beer and Wine) Alcoholic Beverage Control license; and
to amend the Festival Specific Plan to permit off-sale beer and
wine at service stations subject to the approval of a conditional
use permit.
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
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2012-05632
PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00091
SPECIFIC PLAN AMENDMENT NO. 2012-00063
(DEV2012-00099)
Location: 480 North Glassell Street and
3100 East Frontera Street
Request: To permit a nightclub with a Type 48 (Public
Premise) Alcoholic Beverage Control (ABC) license, including
the sale and on-site consumption of alcoholic beverages,
public dancing, admission fee, and live entertainment in an
existing restaurant building. The request also includes an
expansion of the existing building, shared parking with the
adjacent hotel to the east, an associated determination of
public convenience or necessity to permit the Type 48 ABC
license, and a Specific Plan Amendment to permit nightclubs
by conditional use permit in the SP94-1 (Northeast Area
Specific Plan), Development Area 5 (Commercial Area) zone.
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
Request for continuance
to January 14, 2013
Project Planner:
David See
dsee@anaheim.net
12/17/12
Page 4 of 6
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 2828A
(DEV2012-00139)
Location: 2541 West La Palma Avenue
Request: To amend an existing conditional use permit for
an auto body repair shop by deleting a condition of
approval establishing a one-year time limit for the use.
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:
Jonathan Borrego
jborrego@anaheim.net
ITEM NO. 5
CONDITIONAL USE PERMIT NO. 2012-05634
CONDITIONAL USE PERMIT NO. 2012-05646
TENTATIVE PARCEL MAP NO. 2012-143
(DEV2012-00050)
Location: 2281-2299 West Ball Road
Request: To establish a three-lot commercial subdivision
and allow the future construction of two drive-through
restaurants (Option A) or a drive-through restaurant and
gasoline service station (Option B). The proposed
structures would replace an existing 30,000 square foot
retail building within an approximately 16.5-acre shopping
center.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class 2
(Replacement or Reconstruction of Existing Structures).
Staff Report
New Correspondence
Project Planner:
Andy Nogal
anogal@anaheim.net
12/17/12
Page 5 of 6
ITEM NO. 6
CONDITIONAL USE PERMIT NO. 2008-05372A
(DEV2009-00042A)
Location: 5365 East La Palma Avenue
Request: To amend a previously-approved conditional use
permit that allowed the construction of a 10,000 square foot
commercial building in order to permit the construction of
an approximately 3,900 square foot drive through
restaurant in conjunction with a 4,875 square foot retail
building.
Environmental Determination: The proposed action is
Categorically Exempt from the requirements to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class 3
(New Construction or Conversion of Small Structures).
Staff Report
New Correspondence
Request for continuance
to January 14, 2013
Project Planner:
Scott Koehm
skoehm@anaheim.net
Adjourn to Monday, January 14, 2013 at 5:00 p.m.
(The scheduled meeting of December 31, 2012 has been cancelled
due to a lack of agenda items.)
12/17/12
Page 6 of 6
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:30 p.m. December 12, 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
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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
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La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a
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u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal.
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Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios
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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.
SP 90-1 (SC)DA1SERVICE STATION
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SP 90-1 (SC)DA3ANAHEIM HILLSRESIDENCE INN
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D E V N o. 2012-00121
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D E V N o. 2012-00121
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[DRAFT] ATTACHMENT NO. 2
- 1 - PC2012-***
RESOLUTION NO. PC2012-***
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3333 AND
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00092
FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE
(DEV2012-00121)
(8000 EAST SANTA ANA CANYON ROAD)
WHEREAS, on September 10, 1990, and subject to certain conditions of approval, the
Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission"), by
its Resolution No. PC90-229, did approve Conditional Use Permit No. 3333 to permit a
convenience market and car wash in conjunction with a service station (herein referred to as the
"Original CUP") on that certain real property located at 8000 East Santa Ana Canyon Road in the
City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by
this reference (the "Property"); and
WHEREAS, the Planning Commission did receive a verified Petition to amend the
Original CUP (herein referred to as "Conditional Use Permit No. 3333A”), pursuant to Section
18.60.190 of the Anaheim Municipal Code, and a Determination of Public Convenience or
Necessity No. 2012-00092, to permit beer and wine sales for off-premises consumption within
an existing service station convenience market at the Property; and
WHEREAS, the Property is currently developed with a 2,083 square foot convenience
market/car wash building and a 3,588 square foot pump island canopy structure; the zoning is the
Festival Specific Plan (SP90-1); and the Anaheim General Plan designates the Property for
Regional Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 17, 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. 3333A and Public Convenience or Necessity No. 2012-00092, and to investigate
and make findings and recommendations in connection therewith; and
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 proposed 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 proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA.
- 2 - PC2012-***
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. 2012-00092, 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. 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.
3. 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.
4. The property is located in Police Reporting District No. 1244 which has a crime
rate that is 34% above the citywide average; however, the crime rate within ¼ mile of this
property is below the citywide average based upon calls for service. The property is also
located within Census Tract No. 219.22 which has a population of 4,581. This census tract
allows for three off-sale licenses and the proposed off-sale license would be the sixth license in
the tract. Since there is an overconcentration in the number of ABC licenses within this census
tract, and a crime rate above the citywide average, a determination of public convenience or
necessity is required for this request.
5. 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 will be ancillary to the primary sale of gasoline
and general merchandise within the convenience market. The sale of beer and wine would also
serve as an added convenience to residents and visitors to the area who choose to shop at this
establishment.
- 3 - PC2012-***
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. 3333A, does find and
determine the following facts:
1. The request to allow beer and wine sales for off-premises consumption in a
service station convenience market is properly one for which a conditional use permit is
authorized, subject to City Council approval of Specific Plan Amendment No. 2012-00064 to
allow alcoholic beverage sales in conjunction with service stations in the Festival Specific Plan.
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 retail and restaurant uses and all activities will occur inside the
building.
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 no expansion to the building is proposed and
sufficient parking will continue to be provided to accommodate the service station facility.
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 Festival Specific Plan zone.
5. Granting Conditional Use Permit No. 3333A 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.
BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use
Permit No. 3333A and Public Convenience or Necessity No. 2012-00092, 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. 3333A and Public
Convenience or Necessity No. 2012-00092 is approved without limitations on the hours of
operation or duration of the use. Amendments, modifications and revocations of this permit may
be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
- 4 - PC2012-***
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 3333A and
Public Convenience or Necessity No. 2012-00092 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.
BE IT FURTHER RESOLVED that the conditions of approval attached to this
Resolution as Exhibit B amends the Previous Conditions of Approval in conjunction with
Conditional Use Permit No. 3333 and, except as specifically amended hereby, the Previous
Conditions of Approval shall remain in full force and effect. To the extent that there is any
conflict or inconsistency between the conditions of approval attached to this Resolution as
Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this
Resolution as Exhibit B shall control and govern the Property.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 17, 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.
CHAIR, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2012-***
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 December 17, 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 17th day of December, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 6 - PC2012-***
- 7 - PC2012-***
EXHIBIT “B”
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3333 AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00092
(DEV2012-00121)
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
GENERAL
1 No required parking area shall be fenced or otherwise enclosed for outdoor
storage.
Planning
2 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
3 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
4 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
5 The area of alcoholic beverage displays shall not exceed 25% of the total
display area in a building.
Police
6 Sale of alcoholic beverages shall be made to customers only when the
customer is inside the building.
Police
7 The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around these
premises.
Police
8 The business owner shall police the area under their control in an effort to
prevent the loitering of persons around the premises.
Police
9 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
10 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) and 2 (Floor Plan), and as conditioned herein.
Planning
[DRAFT] ATTACHMENT NO. 3
-1- PC2012-***
RESOLUTION NO. PC2012-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING CITY COUNCIL APPROVAL OF AN
AMENDMENT TO THE CONDITIONS OF SPECIFIC PLAN NO. 90-1, AS SET
FORTH IN RESOLUTIONS NO. 90R-86 AND 90R-87 AND ORDINANCE NO.
5110, AND AN AMENDMENT TO THE ZONING AND DEVELOPMENT
STANDARDS OF CHAPTER 18.108 OF THE ANAHEIM MUNICIPAL CODE
(SPECIFIC PLAN AMENDMENT NO. 2012-00064) (DEV2012-00121)
(8000 EAST SANTA ANA CANYON ROAD)
WHEREAS, on April 29, 1986, the City Council of the City of Anaheim (the "City
Council") adopted Ordinance No. 4709 to establish uniform procedures for the adoption and
implementation of Specific Plans for the coordination of future development within the City, and
“Zoning and Development Standards” when the Specific Plan includes zoning regulations and
development standards to be substituted for existing zoning under the Zoning Code, which
“Zoning and Development Standards” shall be adopted by ordinance independent of the rest of the
Specific Plan; and,
WHEREAS, pursuant to the procedures set forth in former Chapter 18.93 of the Anaheim
Municipal Code (herein referred to as the "Code"), the City Council of the City of Anaheim ("City
Council") adopted its Resolution No. 90R-86 on March 20, 1990, thereby adopting Specific Plan
No. 90-1 for the then proposed Anaheim Hills Festival project (herein referred to as "Specific Plan
No. 90-1"), subject to those certain conditions specified in Resolution No. 90R-86; and,
WHEREAS, the City Council concurrently adopted its Resolution No. 90R-87, thereby
requiring that the zoning and development standards relating to Specific Plan No. 90-1 and
adopted by ordinance of the City Council would be subject to those certain conditions specified in
Resolution No. 90R-87; and,
WHEREAS, the Anaheim Hills Festival project consisted of approximately 533,950 sq.ft.
of retail space, a 4,000 sq.ft. service station, a 33,000 sq.ft. theater, a 150-room hotel with a 7,500
sq.ft. freestanding restaurant, and a 240,000 sq.ft. business commercial area within four
Development Areas on 85 acres located at the southwest corner of Santa Ana Canyon Road and
Roosevelt Road in the Scenic Corridor Zone Overlay zone; and,
WHEREAS, in order to carry out the action taken by the City Council by its adoption of
Resolutions Nos. 90R-86 and 90R-87 and pursuant to the procedures set forth in former Chapter
18.93 of the Code, the City Council adopted Ordinance No. 5109 on March 27, 1990, amending
the Code to establish the zoning and development standards for Specific Plan No. 90-1 and the
Anaheim Hills Festival project, which were then codified as "Chapter 18.74 – Specific Plan No.
90-1 (SP 90-1) Zoning and Development Standards" of Title 18 of the Code; and,
-2- PC2012-***
WHEREAS, the City Council also adopted Ordinance No. 5110 on March 27, 1990 for
the purpose of amending the Zoning Map of the City to reclassify the 85-acre project site, as
described therein, into the SP 90-1 (Specific Plan 90-1) Zone, subject to those certain
conditions specified in Ordinance No. 5110; and,
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving Resolution
No. 92R-160 (amending Resolutions Nos. 90R-86 and 90R-87) on July 28, 1992, and
adopting Ordinance No. 5324 (amending Ordinance No. 5110) on July 28, 1992, amending
conditions of approval of the Specific Plan ("Amendment No. 1); and,
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving Resolution
No. 97R-41 (amending Resolutions Nos. 90R-86 and 90R-87) on April 1, 1997, and adopting
Ordinance No. 5603 (amending Ordinance No. 5110) on July 22, 1997 ("Amendment No. 2").
Amendment No. 2 amended Specific Plan No. 90-1 to allow the(1) expansion of the existing
theater, (2) revision of the site plan to re-designate 20,000 square feet of area for general retail
uses, (3) construction of a 25,000 square foot health club and a 10,000 square foot child care
facility with a 15,000 square foot outdoor play area, subject to approval of a conditional use
permit, and (4) amendment of Condition No. 9 of Ordinance No. 5110 to permit on-street
parking on Festival Drive within Development Area 2; and,
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving
Resolution No. 98R-164 (Amending Resolutions Nos. 90R-86 and 90R-87) on August 11,
1998, and adopting Ordinance No. 5645 (amending Ordinance No. 5109) on August 18,
1998, to permit senior citizen apartments in Development Area 4 and amending the Zoning
and Development Standards relating thereto ("Amendment No. 3"); and,
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving
Resolution No. 2002R-39 (Amending Resolution No. 90R-87) on February 12, 2002,
and adopting Ordinance No. 5806 (amending Ordinance No. 5109) on February 26, 2002, to
allow secondary wall signage for in-line tenants that rear onto Santa Ana Canyon Road and
amending the Zoning and Development Standards relating thereto ("Amendment No. 4"); and,
WHEREAS, pursuant to the procedures set forth in Chapter 18.72.040 of the Anaheim
Municipal Code, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission") did receive a verified petition to amend Specific Plan No. 90-1 and the
Zoning and Development Standards relating thereto (Specific Plan Amendment No. 2012-00064),
to permit the sale of beer and wine at service stations subject to the approval of a conditional use
permit; and,
WHEREAS, Specific Plan Amendment No. 2010-00064 is proposed in conjunction with
Conditional Use Permit No. 3333A and Public Convenience or Necessity No. 2012-00092 to
amend a conditional use permit for an existing service station in order to permit beer and wine
sales for off-premises consumption and to make an associated determination of public convenience
or necessity to permit a Type 20 (Off-Sale Beer and Wine) Alcoholic Beverage Control license
(herein referred to collectively as the "proposed project"); and,
-3- PC2012-***
WHEREAS, the Planning Commission conducted a public hearing for the proposed project
at the Civic Center in the City of Anaheim on December 17, 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 Code, to hear and consider evidence for and against said proposed project
actions, including Specific Plan Amendment No. 2012-00064, and to investigate and make
findings and recommendations in connection therewith; and,
WHEREAS, the Planning Commission finds and determines, under and pursuant to the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein
referred to as “CEQA”), that the proposed 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 proposed project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and,
WHEREAS, the Planning Commission, after due consideration, inspection, investigation
and study made by itself, and after due consideration of, and based upon, all evidence and reports
offered at said hearing, does hereby find:
1. The proposed amendment to Specific Plan No. 90-1 would not change the
boundaries of the existing Festival Specific Plan; and
2. The proposed amendment to Specific Plan No. 90-1will make a change that is
consistent with the same land use regulations that apply to other service stations citywide;
therefore, this request will not make any substantive changes that would be conflict with the goals
and policies of the General Plan; and
3. The proposed amendment to Specific Plan No. 90-1is not intended to significantly
change the intent of the development standards, which were specifically developed to result in
development of desirable character that will be compatible with existing and proposed
development in The Festival and the surrounding areas; and
4. The proposed amendment to Specific Plan No. 90-1maintains the balance of land
uses within the City by encouraging shopping and entertainment related activity in an area of the
City specifically designated for this type of development; and
5. The proposed amendment to Specific Plan No. 90-1would not result in any adverse
environmental, aesthetic, or historical resource impacts in the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby recommend that the City Council take the
following action:
-4- PC2012-***
1. Find and determine that the proposed 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 proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; and,
2. Adopt a resolution amending Resolution No. 90R-86 and Resolution No. 90R-87 to
delete Condition No. 21 of each such Resolution; and,
3. Adopt an uncodified ordinance amending Ordinance No. 5110 by deleting
Condition No. 21 therefrom; and,
4. Adopt an ordinance amending paragraph (b) of subsection 18.108.040.020 of
Chapter 18.108 of Title 18 of the Anaheim Municipal Code to read as follows:
“(b) Conditional Uses. The following and substantially
similar uses shall be permitted with a conditional use permit:
1. One automobile washing: self-service or
automatic, including use of mechanical conveyors, blowers and
steam cleaners (hereinafter referred to as "autowash") (on the
lower level/north portion of Development Area No. 2);
2. Convenience food stores, with or without the
sale of alcoholic beverages for off-premises consumption, in
connection with gasoline sales;
3. Day care centers (for children or elderly);
4. Medical/dental labs;
5. Medical emergency care facilities; and
6. Laundry, self-service establishments."
BE IT FURTHER RESOLVED that approval of Specific Plan Amendment No. 2010-
00064 is contingent upon and subject to approval of Conditional Use Permit No. 3333A and Public
Convenience or Necessity No. 2012-00092.
-5- PC2012-***
THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning
Commission meeting of December 17, 2012. Said resolution is subject to the appeal provisions set
forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIR, 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
Planning Commission held on December 17, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WIT NESS WHEREOF, I have hereunto set my hand this 17th day of
December, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING SUBSECTION 18.108.040.020 OF
CHAPTER 18.108 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE, RELATING TO SPECIFIC PLAN NO.
90-1 FOR THE ANAHEIM HILLS FESTIVAL.
WHEREAS, pursuant to the procedures set forth in former Chapter 18.93 of the Anaheim
Municipal Code (herein referred to as the "Code"), the City Council of the City of Anaheim
("City Council") adopted its Resolution No. 90R-86 on March 20, 1990, thereby adopting
Specific Plan No. 90-1 for the then proposed Anaheim Hills Festival project (herein referred to
as "Specific Plan No. 90-1"), subject to those certain conditions specified in Resolution No. 90R-
86; and,
WHEREAS, the City Council concurrently adopted its Resolution No. 90R-87, thereby
requiring that the zoning and development standards relating to Specific Plan No. 90-1 and
adopted by ordinance of the City Council would be subject to those certain conditions specified
in Resolution No. 90R-87; and,
WHEREAS, in order to carry out the action taken by the City Council by its adoption of
Resolutions Nos. 90R-86 and 90R-87 and pursuant to the procedures set forth in former
Chapter 18.93 of the Code, the City Council adopted Ordinance No. 5109 on March 27,
1990, amending the Code to establish the zoning and development standards for Specific
Plan No. 90-1, which were then codified as "Chapter 18.74 – Specific Plan No. 90-1 (SP 90-
1) Zoning and Development Standards" of Title 18 of the Code; and,
WHEREAS, the City Council also adopted Ordinance No. 5110 on March 27, 1990
for the purpose of amending the Zoning Map of the City to reclassify certain real property
described therein into the SP 90-1 (Specific Plan 90-1) Zone, subject to those certain
conditions specified in Ordinance No. 5110; and,
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving
Resolution No. 92R-160 (amending Resolutions Nos. 90R-86 and 90R-87) on July 28, 1992,
and adopting Ordinance No. 5324 (amending Ordinance No. 5110) on July 28, 1992, amending
conditions of approval of the Specific Plan ("Amendment No. 1); and,
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving Resolution
No. 97R-41 (amending Resolutions Nos. 90R-86 and 90R-87) on April 1, 1997, and adopting
Ordinance No. 5603 (amending Ordinance No. 5110) on July 22, 1997 ("Amendment No. 2").
Amendment No. 2 amended Specific Plan No. 90-1 to allow the (1) expansion of the existing
theater, (2) revision of the site plan to re-designate 20,000 square feet of area for general retail
uses, (3) construction of a 25,000 square foot health club and a 10,000 square foot child care
facility with a 15,000 square foot outdoor play area, subject to approval of a conditional use
permit, and (4) amendment of Condition No. 9 of Ordinance No. 5110 to permit on-street
parking on Festival Drive within Development Area 2; and,
ATTACHMENT NO. 4
2
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving
Resolution No. 98R-164 (Amending Resolutions Nos. 90R-86 and 90R-87) on August 11,
1998, and adopting Ordinance No. 5645 (amending Ordinance No. 5109) on August 18,
1998, to permit senior citizen apartments in Development Area 4 and amending the Zoning
and Development Standards relating thereto ("Amendment No. 3"); and
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving
Resolution No. 2002R-39 (Amending Resolution No. 90R-87) on February 12, 2002, and
adopting Ordinance No. 5806 (amending Ordinance No. 5109) on February 26, 2002, to
allow secondary wall signage for in-line tenants that rear onto Santa Ana Canyon Road and
amending the Zoning and Development Standards relating thereto ("Amendment No. 4");
and
WHEREAS, the applicant has submitted a request to amend Specific Plan No. 90-1
and the Zoning and Development Standards relating thereto to permit the sale of beer and wine
at service stations subject to the approval of a conditional use permit; and
WHEREAS, the City council desires to amend the Zoning and Development
Standards in Chapter 18.108 of the Code relating to Specific Plan No. 90-1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That paragraph "(b) Conditional Uses" of subsection Section 18.108.040.020 of Chapter
18.108 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and
restated to read in full as follows:
“(b) Conditional Uses. The following and substantially
similar uses shall be permitted with a conditional use
permit:
1. One automobile washing: self-service or
automatic, including use of mechanical conveyors,
blowers and steam cleaners (hereinafter referred to as
"autowash") (on the lower level/north portion of
Development Area No. 2);
2. Convenience food stores, with or without the
sale of alcoholic beverages for off-premises consumption,
in connection with gasoline sales;
3. Day care centers (for children or elderly);
4. Medical/dental labs;
3
5. Medical emergency care facilities; and
6. Laundry, self-service establishments."
SECTION 2 . SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for
any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of
the City Council that it would have adopted all other portions of this ordinance independent of
the elimination herefrom 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.
///
///
///
///
///
///
///
///
///
///
///
///
4
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the ____ day of ______________, 2013, and
thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of
______________, 2013, by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
92792
ORDINANCE NO.
AN UNCODIFIED ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM
AMENDING ORDINANCE NO. 5110, RELATING
TO SPECIFIC PLAN NO. 90-1 FOR THE ANAHEIM
HILLS FESTIVAL.
WHEREAS, pursuant to the procedures set forth in former Chapter 18.93 of the Anaheim
Municipal Code (herein referred to as the "Code"), the City Council of the City of Anaheim
("City Council") adopted its Resolution No. 90R-86 on March 20, 1990, thereby adopting
Specific Plan No. 90-1 for the then proposed Anaheim Hills Festival project (herein referred to
as "Specific Plan No. 90-1"), subject to those certain conditions specified in Resolution No. 90R-
86; and,
WHEREAS, the City Council concurrently adopted its Resolution No. 90R-87, thereby
requiring that the zoning and development standards relating to Specific Plan No. 90-1 and
adopted by ordinance of the City Council would be subject to those certain conditions specified
in Resolution No. 90R-87; and,
WHEREAS, in order to carry out the action taken by the City Council by its adoption of
Resolutions Nos. 90R-86 and 90R-87 and pursuant to the procedures set forth in former
Chapter 18.93 of the Code, the City Council adopted Ordinance No. 5109 on March 27,
1990, amending the Code to establish the zoning and development standards for Specific
Plan No. 90-1, which were then codified as "Chapter 18.74 – Specific Plan No. 90-1 (SP 90-
1) Zoning and Development Standards" of Title 18 of the Code; and,
WHEREAS, the City Council also adopted Ordinance No. 5110 on March 27, 1990
for the purpose of amending the Zoning Map of the City to reclassify certain real property
described therein into the SP 90-1 (Specific Plan 90-1) Zone, subject to those certain
conditions specified in Ordinance No. 5110; and,
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving
Resolution No. 92R-160 (amending Resolutions Nos. 90R-86 and 90R-87) on July 28, 1992,
and adopting Ordinance No. 5324 (amending Ordinance No. 5110) on July 28, 1992, amending
conditions of approval of the Specific Plan ("Amendment No. 1); and,
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving Resolution
No. 97R-41 (amending Resolutions Nos. 90R-86 and 90R-87) on April 1, 1997, and adopting
Ordinance No. 5603 (amending Ordinance No. 5110) on July 22, 1997 ("Amendment No. 2").
Amendment No. 2 amended Specific Plan No. 90-1 to allow the (1) expansion of the existing
theater, (2) revision of the site plan to re-designate 20,000 square feet of area for general retail
uses, (3) construction of a 25,000 square foot health club and a 10,000 square foot child care
facility with a 15,000 square foot outdoor play area, subject to approval of a conditional use
permit, and (4) amendment of Condition No. 9 of Ordinance No. 5110 to permit on-street
ATTACHMENT NO. 4
2
parking on Festival Drive within Development Area 2; and,
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving
Resolution No. 98R-164 (Amending Resolutions Nos. 90R-86 and 90R-87) on August
11, 1998, and adopting Ordinance No. 5645 (amending Ordinance No. 5109) on August
18, 1998, to permit senior citizen apartments in Development Area 4 and amending the
Zoning and Development Standards relating thereto ("Amendment No. 3"); and
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving
Resolution No. 2002R-39 (Amending Resolution No. 90R-87) on February 12, 2002,
and adopting Ordinance No. 5806 (amending Ordinance No. 5109) on February 26, 2002,
to allow secondary wall signage for in-line tenants that rear onto Santa Ana Canyon Road
and amending the Zoning and Development Standards relating thereto ("Amendment No.
4"); and
WHEREAS, the applicant has submitted a request to amend Specific Plan No. 90-1
and the Zoning and Development Standards relating thereto to permit the sale of beer and wine
at service stations subject to the approval of a conditional use permit; and
WHEREAS, the City council desires to amend Ordinance No. 5110, as previously
amended, by deleting Condition No. 21 and by amending the Zoning and Development
Standards in Chapter 18.108 of the Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Ordinance No. 5110 be, and the same is hereby, amended by deleting Condition
No. 21 therefrom. Except as expressly amended herein, Ordinance No. 5110, as previously
amended, shall remain in full force and effect.
SECTION 2 . SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for
any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of
the City Council that it would have adopted all other portions of this ordinance independent of
the elimination herefrom 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
3
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.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the ____ day of ______________, 2013, and thereafter
passed and adopted at a regular meeting of said City Council held on the ____ day of
______________, 2013, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
92775.2
EES0UTIOR1OIRS0rIITIONOFTHEANAHEIMCITPIGC0ISSIONTTPIIONFORCOITIONUSIPITNO3333BEPCE1INTCI0FIMINECO0FOFFCE0FECORECORDEROAIDCOUPWIINDESCRIBEDINTHECERTAINDEEDTOTCIOFEIMAICIPCORPORATIONRECORDEDY311984INSTRNOa431579RC0SLYINGWIINTEATIVEPCE90160ERASCityPlanningCoisiondidholdaplcnoiceofsaidpllchearinghavlugbeendulylvenareguiredbylawandaccotdancelhhaprovislonofheetmMunicipalCodeChapter1803tohearandcouiderevidenceforandagains2auldproposedconditlonaluseherewandand18740400a0b22opeiaconvenienceoodtoraandcarwash3ThatasizeandshapeobhesleproposedforheadequatetoallowhegulldevelupmenohpoposeduaeinamannernotgeneralwelfareoftheCitizensofheCityof5ThakthekralcgeneratedbyheproposedusewillnoImposeanundueburdenuponkhe2reeksandhihaysdesignedandiprovaocarrytheralctuhearea1645r1PC9029
ATTACHMENT NO. 5
OppOSitionandthatnocorrespondencewasreceivedinoypeeitioatothehavingapproximatefrontagesof2170eeona5outhdeoS2aCyonRoadd80feebonthewestdeofaooeveloaddthatEXa300wapreviouslycertifiedbythePlnlngColsondCtyCocladdressedanympacsonheenvroentatsproposalmayhaveNOWTHEREFOREBETRESODthat2heemCtytheFoothillEasternTransportationCorridorasetllshedby3Thaalldrivewayshallbeconcuutedvthften15foomnainedwthminimtwentyseven27OOtouterandaccordaucewhapprovedplanonfleviaddivisionSuchnformatonhallbepecifcallyshoontheplaumlked2PC9029
8Thatthereshallbenosaleofalcoholicbeveragesinconnection9Thatallairconditionlnqfacilitiesandotheroofandrodmoked0abchbuildingcolorsTheheqhofroofuntedequpnshall10ThaerelievingdeailedpleashallbeCeorbuildingcoloranmaterialursdconeraposhallbeobtainedshallincludeefollowinqIaCoveedfueldispenuqareastoeduceeountofstooffsetbackAuamannerullycruenedfromallIAcSeeandalleyslAhaarJqutredbyheUoFIOCodeheollovluminim
bFueldlsponsiugdevicesshellhelocatednetlesshansnXOeeroman2buldtngwhichisnoieeaialveconacucionhosei3ullex2endedshellno2echcloereThaentaprimerycionshallbeosupervAaeobservedheencyconolshallbeinsallodablocationacueptltoAXnsruconforeoeraionodenorshallbeconpAcu0ucl1heaendantshellaalltamesbe15adurinqbusnesshours0aecbfacilityseparatemensandpopaclsupplieddmainainedSaidfacilitiesshallbeshoonheplauaamitadforbuildin
aucureainheevenaeaaloniaclosedoraeriodlve12consecutivemonnaervcaationhallbeconsideredxteroro2hebuildinghallbeullscreenedbhuildln19Thaallapp1AcloconditionsofapprovalcontainedAnOrdinceNo5110adaptingSpecificelo901oningshallcomplied22ThatpriorboinalbuildingdonlnqlnpectionsCondiionNos45912131419and20abovemenhionedshallbecompliedcomplianceorapprovalothereuatragardyoherappIAclatefkarerequirednoonunctionwihOdinceNo5110heeinoveaa2orShouldanysuchcondAtionoranypartereodeclarednvaldorenforcelebzhefnaludaoanyutofc0nainedshallbedeemednullauvoid
OSepberZO1990OriginalsinebyPyllisROrgnalignedbyEdiHarrYcooFOGEmaebiqoeeimeollonqvoteoCOXSSXORS0Wrlmalsl2nedbyEdiLXazlSECRECYEXMClPXHGCOXSSIOH
ATTACHMENT NO. 6
ATTACHMENT NO. 7
ATTACHMENT NO. 8
ATTACHMENT NO. 9
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.
SP 94-1DA5RESTAURANT
SP 94-1DA5EMBASSYSUITESHOTEL
SP 94-1DA1INDUSTRIAL
SP 94-1DA5AUTO SALVAGE YARD
RM-4FIVE COVES WESTAPARTMENTS45 DU
SP 94-1DA6ORANGECOUNTYWATER DISTRICTE FRONTERA ST9 1 F R E E W A Y
N
G
L
A
S
S
E
L
L S
T
E . L A P A L M A A V E
N. TUSTIN AVEE . M IR A L O M A A V E
N.
BLUE GU
M
S
T
E. LINCOLN AVEN. RIO VISTA ST4 8 0 North Glass ell St re et3100 Ea st Frontera Street
D E V N o. 2012-00099
Subject Property
APN: 360-061-13360-061-15
ATTA CHMENT NO. 1
°0 50 100
Feet
Aeria l Pho to:May 20 11
U nincorporatedU nincorporated
E FRONTERA ST9 1 F R E E W A Y
N
G
L
A
S
S
E
L
L S
T
E . L A P A L M A A V E
N. TUSTIN AVEE . M IR A L O M A A V E
N.
BLUE GU
M
S
T
E. LINCOLN AVEN. RIO VISTA ST4 8 0 North Glass ell St re et3100 Ea st Frontera Street
D E V N o. 2012-00099
Subject Property
APN: 360-061-13360-061-15
ATTA CHMENT NO. 1
°0 50 100
Feet
Aeria l Pho to:May 20 11
U nincorporatedU nincorporated
ATTACHMENT NO. 2
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.
IINDUSTRIAL
RM-4MAGNOLIA PLAZAAPARTMENTS84 DU
RM-4DE ANZA PLAZAAPARTMENTS55 DU
ISERVICESTATION
RS-3RELIGIOUS USE
RS-3SINGLE FAMILY RESIDENCEC-GRESTAURANT
RM-4MAGNOLIAAPARTMENTS100 DU
IRETAIL
IOFFICES
IINDUSTRIAL
IMEDICAL OFFICE
IINDUSTRIAL
IOFFICES
W LA PAL MA AVEN MAGNOLIA AVEW WOOD LA ND DR
N MAYFLOWER STW V IA PAL M A
W. LA PALMA AVE
W. CRESCENT AVE
N. MAGNOLIA AVEN. BROOKHURST STN. DALE AVE. CRESCENT AVE
2 5 4 1 Wes t La Palma Avenue
D E V N o. 2012-00139
Subject Property
APN: 071-521-08
ATTA CHMENT NO. 1
°0 50 100
Feet
Aeria l Pho to:May 20 11
W LA PAL MA AVEN MAGNOLIA AVEW WOOD LA ND DR
N MAYFLOWER STW V IA PAL M A
W. LA PALMA AVE
W. CRESCENT AVE
N. MAGNOLIA AVEN. BROOKHURST STN. DALE AVE. CRESCENT AVE
2 5 4 1 Wes t La Palma Avenue
D E V N o. 2012-00139
Subject Property
APN: 071-521-08
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 AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2828
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012-00139)
(2541 WEST LA PALMA AVENUE)
WHEREAS, on December 8, 1986, and subject to certain conditions of approval,
the Planning Commission of the City of Anaheim, by its Resolution No. PC86-309, did approve
Conditional Use Permit No. 2828 to permit an automobile body repair shop with waiver of
minimum number of parking spaces (herein referred to as the "Original CUP") on that certain
real property located at 2541 West La Palma Avenue in the City of Anaheim, as legally
described on Exhibit A attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, Planning Commission Resolution No. PC86-309 contained the
following condition of approval:
“5. That this use permit is hereby granted for a period of one (1) year, to expire
on December 8, 1987. A subsequent use permit shall be obtained if the use is continued.
Continuation of the use may be based on a determination of whether the waiver of the minimum
acquired number of parking spaces (38% of Code requirement is provided) has had an adverse
affect on nearby uses and whether the number provided has proven to be adequate.”
WHEREAS, the 1.6-acre Property is developed with an approximately 24,000
square foot industrial building that has been operating as an automobile body repair shop since
1990.
WHEREAS, the Property is located in the Industrial Zone and the Anaheim
General Plan designates the Property for Industrial land uses; and
WHEREAS, the Planning Commission did receive a verified Petition for an
amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2828A") to
delete the above-noted condition of approval establishing a one-year time limit for the use
(collectively referred to herein as the "proposed project"); and
WHEREAS, the conditions of approval which were the subject of the Original
CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 17, 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 Code, to hear and consider evidence for and against said proposed conditional use
permit to investigate and make findings and recommendations in connection therewith; and
- 2 - PC2012-***
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 proposed 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 proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; 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 an amendment to the Original CUP to delete
a condition, does find and determine the following facts:
1. The proposed amendment to the Original CUP to delete a one-year time limit for an
automobile body repair shop with waiver of minimum number of parking spaces is properly one
for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030
(Uses) of the Zoning Code.
2. The proposed amendment to the Original CUP would not adversely affect the
adjoining land uses, or the growth and development of the area in which it is proposed to be
located because the project will not have a negative impact on the adjacent uses. The property
has been used as an automobile body repair shop for over 20 years without any detriment to the
surrounding community.
3. The size and shape of the site is adequate to allow the full development of the
proposed use, in a manner not detrimental to either the particular area or health and safety
because the site can accommodate the parking, traffic flows, and circulation without creating
detrimental effects on adjacent properties.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the vehicular
circulation is designed to minimize impacts on the surrounding businesses and because the
intensity of the use and number of vehicles entering and exiting the Property will not increase as
a result of this proposal.
5. 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 because the project has
been designed to minimize impacts on the surrounding businesses.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does
hereby approve Conditional Use Permit No. 2828A.
- 3 - PC2012-***
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 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.
BE IT FURTHER RESOLVED that, with the exception of the deletion of
Condition of Approval No. 5 of Planning Commission Resolution No. PC86-309, the Previous
Conditions of Approval contained in said original Resolution shall remain in full force and
effect.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 17, 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.
CHAIR, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2012-***
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 December 17, 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 17th day of December, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2012-***
ATTACHMENT NO. 3
MRESOIUTIONN0PC863U7YARESOLUPXNOFPHCANAHtiIMCTTYPLANNIGCOMMISSIONTHATPBTITTONFORCONLITIONALUSEPERMCTN2f3283EGFtANTELIWEIEREAStheAnaheimCityPlanningCommissiondireceiveaveriEiedPetitionforConditionalUsePerniztfromJFNNTERHOYTMAGNOIALAPALMATNDUTIALCLNTERDRXAaINDUSTFtIALPRQPERTIESTNC196LastOrangethorpeAvenueAnaheimCalifornia928Q1ownerandMARKGPAGECt9P8LLLAUTObfJTIVEtOUP6900MatcheslerFioulevardEuenaPakalirornia90261aentEorcertainrcalpropertysituatedintheCiyofAnaheimCounyofOrngeSLakeoCaliforniadescribedasPARCELAPARCEL1ASSHGrlNONnMA1rILEDIPlt300K9PAGE29OIPARCELMAPSINTHEOfFTCE0rTFirCOUNTYFEIRDERUFORANCECOUNTYCALIEORNTAPARCELBANFASMENTFUR7NGHESSANDGGRESSOVERTHATORTIONOFPARFL2ASSIiOWNONAMAPESLDINEOOK9PAGE2903bARCELNAPSINTHEOPFCGOETEICOUNTYRECORAE2OFORANGECUNTYCATFORNIAItCLUllEDWITHINPHEEXISTING4CQLFOOTRqADPNDMAINPENANCEFPSEMENTDLINEaTEDONSAIDPARGEuMAPWHERAStheCityPlanningCommissionidholdaublicheacingaitheCivicCenterintheCityofAnaheimcnUecember8198Gat130pmnoticeofsaidoublichaaring1virgbeendulygxvenasceruireibyawandinaccordancewiththeprovisionoftheAnlheimMunicipalCec3eChaFter1803tohearandconsiderevidenceforandagainsrsaidproposedconditioaaluseermiandkoinvFtigateandnakefindingsan3recommetatiorsincnnectiantherpwithandWtILRLISsaidComrnissionaterdueinspectioninvestigationandstudymaciebyitselfandinitsthaltandaErerdueconsideratiorof11evidenceandreportsoffecedataidhearingdoesfndanddeterminethefollowingfactN1ThakkheproposeduscisrperlyoneEorwtichaconditionalusepermitisauthorizedbyAnheimtlunicipalCodeSectin1861OSOU70towiktooermitunauLombilebodyrepairshopintheMLIndustrialLimitedZonewithwaierofthefollowingiGTZONS1R06050012Minimumnumberofpatkingsapces18OG000222li6spacesrequired48spacs806080ANDexistingF18510600502ThattheabovemenLionedwaiverisherebygranceconthebasisthatthearkangwaverwillnotcauseanincreaseintraFficcongPStionLnkheimmediatevicinitynoradverselyaffecLanydjininalanduGsandgrartingoEtieparknywaiverundPrtheconditinsimposedifanywillnotbedetrimentaltothppeacehealthsafekyandgeneralwelEarEoEthecitizensaftheCitytAnaheim10U4rPC86307
ATTACHMENT NO. 4
3TtatthepropoecluseishrebygantAdforaperiodofone1yertexpireunDecembera19874ThattheproposeduserillnotaveselyafLecttheadjoininglandasesacdLhecrowthandde4elopmenuEtheareainwhichitisproosedtobelocatedThatthesizeanshapofthesiteropsedfortheieisadequatetoa11owthefulldevelopmentoFtheproposedtseinamannerraotdetrimentaltotheparticularareanortotrepeachealthsafetyandgeneralweLfareofhCitizensoftheCityofAiaheim6hatthegrantingoEtheConditinalUseErrnitundectheconditonimFosedifanywillnotbeerimentaltothapeacehealhsafetyandgenealwelfarcoftheCitizensofkheCioEAnaheim7Thatthetiaficyeneratedbytheproposedusewilanotimpseanundueburdenuonthesretsandhiglwaysdesignadandimprovectocarrythelrafficinkhearea8ThatnooneindicatedheirpresenceataicpublichearinginopositionandthatnococrespondencewasreceiveiroositiontothesuljectpetitionENVIRONMENrATIMPACPFihILTuTtaLlheAnaheimCiyPlanningCommissionhasreviewedtheproposaltopermilanautamobilb4dcepairshopintheMLTndutriaLimittdZonewithwaavrafminirnumnumberofparkingspaesoarectanaularlyshaedparceloflandconsistingoFaprocimatcly12acreskavinnafruntageoiaproxinatelyI95ieernthnorthsidofLaPalmaAvenueandbeingapproximately525feeteasoftoecenterlineofMagnoliaAvenueandfurthrescribedas2541WestLa9almaAventieanddoesherebyaprovetheNegativelleclaraionuponfindingthatithasconsideretheNegativDeclaraLiontogetherwithanycvmmentsreceivedduringthepubicreviewpccessandfurtherEidingcntebasisutheinitialstudyanaanycammentsLeceivedthdtthcrisnosustGntialeviclencethttheprojectwillhaveayignificanteffectorcheervironmentNOWTHFRPFOI2EF3EITRLSOLVEDthattneAraheimCityPlanninyCommissiondoesherebygrantsubjecLPetitiontorCondiionalUsePermitupntheLollowingcondtionswhichacehereyPuunctobexnecessaryprerequisitetotheproposeduseofthcubjetropertyinordertopreerEethesafeLndgeneralwelfareofkhECitizensof1heCityoLFnaheim1ThatdueLohechaiigeinuseanlorocctipancyofthebuiic3ingplanshi11besubrnittedIotheBuilaingDivisicnshoaingcompliancewiththeminimunstandardsoftheCityofAnaheimircluingtheUn1PrrmE3uildingPlumbirgBlectricalttechanicalandEireodesasadopteabytheCitycEAnheim7happropriatepermitsehallbeobtainedforanynecESSrvwork2rhatnooutdoorstorageforworkonveniclescveicularpartsshallbepermittedaancithatallxistinyoatdoorsturageshaZlbecemovedtndexislingoutdoorworkterminatedjezZPC6307
3Phatsubectoerlyhallbedevelcpeclubstanrlllyinccordencawithplanaard3peciticationsonfilcwiththeCiyofAnaheimmarkedLxhibiLNo1nd24haprioctocommencenncoEtheactivityhereinaprovedorpriortofinalbuidingancizaninginspeationcwhicieveroccurFitstCanditionNo31ancj3abovemencioncdsra1ecompliedwith5Thatthiaseerrnihishecebygranteforperiodafone1yeaztoexpireonUecembcr81987AsubsequntusepermitshallbeobainedifheueiscontinundCantinuationaEtheusemaybebastdonadererminationofwhtherthewaiveroEthemirtumacquirenumberafparkingsoaces38oFCoderequirementistoviedhashadsnadvecse1fectannearbyusesandwheiherthcnumberpovidedhaproventobeadequateE3EIPFUC21HE12RLSCVLDthattheAnaheinCityPlanningCumissfondoesherebyfindanddeerminehataioptioroEhiRESOlutionisexQrsslypredicaLeduoraplicantscaniancEwitheacnand1JoftheconditionshereinabovesFtfrtShoulcanysuchconditionsorunyparktheceotbececlaradinvalidornenforceablbythefinaljudgmentoEanycourtofcrmtntjurisdiclionthntnisitesolutionanc3aryapprovalshereincuntinedha11bedeemednttllandvoiTHFOREGVINGR1LUTIOhisignedanc3akproiedbymethis8thdayofDecYmbr1985CiiAIRM1INAt1AHEIMITYPLkN1GCOMMISSIOIATTESTt7ftiSECRETAYAPIAIiGIMCTPYP1ANNNGCUMMISSIONSCAT0CALIFORtQIACbUtPYOEOI2ANGCITYOEAt7AiIEIMjIEdithLNarriSecretaryttheAnhimCiLyPlarningCommLsinndoherebycertiEyLhatrheforeqoingeolutionwasssedanda3otecutamantingoftheAnaheimCityF1ningCommisnionheldonDecenber81986bythefcllowinqvoteithemcmerthtreoAYEGdMISIONERSf30UASE2YHfR4STLA1IRELAWTCIMCBUKNFYJOESCqM4I5I0NRSNQNE9SNTCODttdi55IQNE1tSMEStItiWNESSWilLI2F7EIhavehereuntosetmytandthis8rhdayrfDeember1tsCtzLLrSGCKCTrRtFNAffkIMCITYPLANNGCOMMZ5SinN3Pc86307
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.
C-G (BCC)SHOPPING CENTER
RM-4FOURPLEX
RM-4COLCHESTERAPARTMENTS16 DU
RM-4APTS5 DU
RM-4COLCHESTERAPARTMENTS5 DU
C-G (BCC)MEDICAL OFFICE
C-G (BCC)SERVICE STATION
RM-4FOURPLEX
RM-4APTS5 DU
RM-4SHERWOOD GARDENS APTS16 DU
C-G (BCC)RESTAURANT
C-G (BCC)SERVICESTATION
RM-4VANCOUVERAPTS16 DU
C-G (BCC)NEW HORIZONAPARTMENTS82 DU
C-G (BCC)RETAIL
C-G (BCC)MEDICAL OFFICE
C-G (BCC)AUTO REPAIR/SERVICE
RM-2CONDOMINIUMS60 DU
C-G (BCC)SHOPPING CENTER
W BALL R D S BROOKHURST STW COLCHESTE R DR
W VA NCOUV ER D R
S PERDIDO STS GRAVIER STS ANTIGUA STW DOVECOTE LNS CROSSBOW LNS SUTTER CREEK RDW. BALL RD
W. BROADWAY
S. EUCLID STS. BROOKHURST STS. MAGNOLIA AVES. GILBERT STW. CERRITOS AVE
2 2 8 1 -2 299 Wes t Ball Road
D E V N o. 2012-00050
Subject Property
APN: 127-261-20127-261-25127-261-28127-261-30127-261-26127-261-32127-261-27127-261-31127-261-29127-261-40127-254-06
ATTA CHMENT NO. 1
°0 50 100
Feet
Aeria l Pho to:May 20 11UnincorporatedUnincorporated
W BALL R D S BROOKHURST STW COLCHESTE R DR
W VA NCOUV ER D R S COLONY STS PERDIDO STS GRAVIER STS ANTIGUA STW DOVECOTE LNS DOWNEY PLS CROSSBOW LNS SUTTER CREEK RDW. BALL RD
W. BROADWAY
S. EUCLID STS. BROOKHURST STS. MAGNOLIA AVES. GILBERT STW. CERRITOS AVE
2 2 8 1 -2 299 Wes t Ball Road
D E V N o. 2012-00050
Subject Property
APN: 127-261-20127-261-25127-261-28127-261-30127-261-26127-261-32127-261-27127-261-31127-261-29127-261-40127-254-06
ATTA CHMENT NO. 1
°0 50 100
Feet
Aeria l Pho to:May 20 11UnincorporatedUnincorporated
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2012-***
RESOLUTION NO. PC2012-***
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2012-05634 AND
MAKING FINDINGS IN CONNECTION THEREWITH
(DEV2012-00050)
(2281-2299 WEST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning
Commission") did receive a verified Petition for Conditional Use Permit No. 2012-05634 to
construct two drive-through restaurants (“Proposed Project”) for that certain real property
located at 2281-2299 West Ball Road in the City of Anaheim, County of Orange, State Of
California, as generally depicted on Exhibit A, attached hereto and incorporated herein by this
reference (the Property"); and
WHEREAS, the Property is developed with commercial buildings consisting in
the aggregate of approximately 170,000 square feet of which 30,000 square feet will be
demolished to construct the Proposed Project. The Property is located in the C-G (General
Commercial) zone and is designated for Commercial Neighborhood Center land uses in the City
of Anaheim General Plan; and
WHEREAS, on December 17, 2012, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, 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 proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
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 Proposed Project is within that class of projects
which consist of replacement or reconstruction meeting the conditions described in Section
15302 of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Specifically, the
Proposed Project consists of the demolition of an existing 30,000 square foot building and the
construction of new buildings and facilities consisting in the aggregate of not more than 6,000
square feet on the same site as the structure replaced and will have substantially the same
purpose and capacity as the structure replaced. Accordingly, pursuant to Section 15302 of the
CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment
and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission, after due consideration, inspection,
investigation and study made by itself, and after due consideration of, and based upon, all
evidence and reports offered at said hearing, does hereby find:
- 2 - PC2012-***
1. The Proposed Project is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.08.030.010 (Restaurants – Drive Through).
2. The Proposed Project will not adversely affect the adjoining land uses or the
growth and development of the area in which it is proposed to be located. The drive-though lane
for Parcel 2, as depicted on the proposed Tentative Parcel Map No. 2012-143 which is being
considered concurrently with the Proposed Project, will be located in close proximity to an
existing single-family residential neighborhood to the west; however, the applicant will be
required to mitigate sound levels by locating and directing the speaker box away from the single
family residences to the greatest extent possible, by constructing an 8-foot high block wall, and
by installing lush landscaping between the commercial center and the single-family residences to
the west.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
because the restaurants will be located within an established business area along a major arterial
highway.
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area, since over
30,000 square feet of existing retail space will be eliminated on the site and not more than 6,000
square feet of new uses are proposed to be constructed.
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the use is similar to other commercial
uses in the area and sound levels generated by the drive-through lanes will be reduced in order to
minimize impacts on the adjacent residential properties to the west.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2012-05634, subject to the conditions of approval as
stated in 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, 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. Timing for compliance with conditions
of approval may be amended by the Planning Director upon a showing of good cause provided
(i) equivalent timing is established that satisfies the original intent and purpose of the condition
(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED that approval of the Proposed Project is
contingent upon and subject to approval of Tentative Parcel Map No. 2012-143, now pending.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
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.
- 3 - PC2012-***
BE IT FURTHER RESOLVED that the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 17, 2012. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHAIR, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2012-***
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 December 17, 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 17th day of December, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2012-***
- 6 - PC2012-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2012-05634
(DEV2012-00050)
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
GENERAL
1 The speaker box system for the drive through lane shall be designed
with volume settings that produce not more than 60 decibels at the
west property line and shall be located and directed away from the
single family residences to reduce potential noise impacts to the
greatest extent possible. Said system shall also be designed such that
the volume adjustment is controlled from inside the restaurant.
Planning
2 No required parking area shall be fenced or otherwise enclosed for
outdoor storage.
Planning
3 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 No. 1 (Site Plan Option A as conditioned herein).
Planning
4 An 8-foot high block wall shall be constructed along the west
property line to provide a sound and visual buffer adjacent to the
single family residences. The wall shall be shown on plans
submitted for building permits and constructed prior to final zoning
inspection.
Planning
5 The existing pylon sign located on Parcel No. 3 shall be removed. Planning
6 Loading and unloading spaces for Parcels 2 and 3 shall be provided
per City Specifications. Public Works
Traffic
Engineering /
Planning
7 It is the responsibility of the owner/developer to remove and
relocate any traffic signal poles and equipment at the intersection of
Ball Road/Perdido Street, if necessary, at the owner’s/developer’s
expense.
Public Works
Traffic
Engineering
PRIOR TO ISSUANCE OF BUILDING PERMIT
8 The setback along the west property line setback shall incorporate
lush landscaping to provide an attractive visual buffer. These
improvements shall be shown in the landscape plans for the project
and shall be submitted to the Planning Department for review and
approval prior to building permit issuance.
Planning
- 7 - PC2012-***
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
9 Prior to issuance of building permits, the property owner shall
submit a letter to the Planning Department requesting termination of
Conditional Use Permit No. 2012-05646.
Planning
10 A private water system with separate water service for fire
protection and domestic water shall be provided. Public
Utilities,
Electrical
Engineering
11 All backflow equipment shall be located above ground outside of
the street setback area in a manner fully screened from all public
streets and alleys. Any backflow assemblies currently installed in a
vault will have to be brought up to current standards. Any other
large water system equipment shall be installed to the satisfaction of
the Water Engineering Division outside of the street setback area in
a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by
Water Engineering and Cross Connection Control Inspector.
Public
Utilities,
Water
Engineering
12 All requests for new water services or fire lines, as well as any
modifications, relocations, or abandonments of existing water
services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
Public
Utilities,
Water
Engineering
13 Landscaping shall be provided around the above ground large meter
or fire service to shield from street view. Public
Utilities,
Water
Engineering
14 All water services shall be installed from the existing public water
main in Ball Road only. Public
Utilities,
Water
Engineering
15 That all existing water services and fire services shall conform to
current Water Services Standards Specifications. Any water service
and/or fire line that does meet current standards shall be upgraded if
continued use if necessary or abandoned if the existing service is no
longer needed. The owner/developer shall be responsible for the
costs to upgrade or to abandon any water service or fire line.
Public
Utilities,
Water
Engineering
16 That individual water service and/or fire line connections will be
required for each parcel or commercial unit per Rule 18 of the City
of Anaheim’s Water Rates, Rules and Regulations.
Public
Utilities,
Water
Engineering
- 8 - PC2012-***
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
17 Trash enclosure areas shall be provided and maintained in a location
acceptable to the Public Works Department and in accordance with
approved plans on file with said Department. Said storage areas
shall be designed, located and screened so as not to be readily
identifiable from adjacent streets. The walls of the storage areas
shall be protected from graffiti opportunities by the use of plant
materials such as minimum one-gallon size clinging vines planted
on maximum three-foot centers or tall shrubbery. The trash
enclosures openings shall be oriented to provide efficient trash truck
circulation and shall be constructed per City specifications.
Public
Works
Streets and
Sanitation/
planning
18 Prior to approval of permits for improvement plans, the property
owner/developer shall coordinate with Electrical Engineering to
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and
related technical drawings and specifications.
Public
Utilities,
Electrical
Engineering
19 Prior to issuance of the first building permit, the final subdivision map
shall be submitted to and approved by the City of Anaheim and the
Orange County Surveyor for technical review and that all applicable
conditions of approval have been complied with and then shall be filed
in the Office of the Orange County Recorder.
Public
Works
Development
Services
20 The developer shall submit street improvement plans for the
removal and construction of improvements, including street, storm
drain, water, electrical and sewer, landscape and irrigation for the
public right-of way on Ball Road. The street improvement plans
shall also indicate the removal and replacement of the most easterly
driveway approach on Ball Road per the current version of
Engineering Standard Detail No. 115.
Public
Works
Traffic
Engineering
PRIOR TO APPROVAL OF WATER IMPROVEMENT PLAN
21 The Owner shall irrevocably offer to dedicate to the City of
Anaheim (i) an easement for all large domestic above-ground water
meters and fire hydrants, including a five (5)-foot wide easement
around the fire hydrant and/or water meter pad. (ii) a twenty (20)
foot wide easement for all water service laterals all to the
satisfaction of the Water Engineering Division. The easements shall
be granted on the Water Engineering Division of the Public Utilities
Department’s standard water easement deed. The easement deeds
shall include language that requires the Owner to be responsible for
restoring any special surface improvements, other than asphalt
paving, including but not limited to colored concrete, bricks, pavers,
stamped concrete, decorative hardscape, walls or landscaping that
becomes damaged during any excavation, repair or replacement of
City owned water facilities. Provisions for the repair, replacement
and maintenance of all surface improvements other than asphalt
paving shall be the responsibility of the Owner and included and
Public
Utilities,
Water
Engineering
- 9 - PC2012-***
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
recorded in the Master CC & R’s for the project.
PRIOR TO APPLYING FOR THE FIRST WATER METER OR FIRE SERVICE OR
FIRST SUBMITTAL OF THE WATER IMPROVEMENT PLANS
22 That the developer/owner shall submit to the Public Utilities Water
Engineering an estimate of the maximum fire flow rate and
maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing
water system to provide the estimated water demands. Any off-site
water system improvements required to serve the project shall be
done in accordance with Rule No. 15A.6 of the Water Utility Rates,
Rules, and Regulations.
Public
Utilities,
Water
Engineering
PRIOR TO CONNECTION OF ELECTRICAL SERVICE
23 If required, prior to connection of electrical service, the legal owner
shall provide to the City of Anaheim a Public Utilities easement
with dimensions as shown on the approved utility service plan.
Public
Utilities,
Electrical
Engineering
24 Prior to connection of electrical service, the legal owner shall submit
payment to the City of Anaheim for service connection fees.
Public
Utilities,
Electrical
Engineering
[DRAFT] ATTACHMENT NO. 3
- 1 - PC2012-***
RESOLUTION NO. PC2012-***
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2012-05646 AND
MAKING FINDINGS IN CONNECTION THEREWITH
(DEV2012-00050)
(2281-2299 WEST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning
Commission") did receive a verified Petition for Conditional Use Permit No. 2012-05646 to
construct a drive-through restaurant and service station (“Proposed Project”) for that certain real
property located at 2281-2299 West Ball Road in the City of Anaheim, County of Orange, State
of California, as generally depicted on Exhibit A, attached hereto and incorporated herein by this
reference (the Property"); and
WHEREAS, the Property is developed with commercial buildings consisting in
the aggregate of approximately 170,000 square feet of which 30,000 square feet will be
demolished to construct the Proposed Project. The Property is located in the C-G (General
Commercial) zone and is designated for Commercial Neighborhood Center land uses in the City
of Anaheim General Plan; and
WHEREAS, on December 17, 2012, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, 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 proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
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 Proposed Project is within that class of projects
which consist of replacement or reconstruction meeting the conditions described in Section
15302 of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Specifically, the
Proposed Project consists of the demolition of an existing 30,000 square foot building and the
construction of new buildings and facilities consisting in the aggregate of not more than 6,000
square feet on the same site as the structure replaced and will have substantially the same
purpose and capacity as the structure replaced. Accordingly, pursuant to Section 15302 of the
CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment
and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission, after due consideration, inspection,
investigation and study made by itself, and after due consideration of, and based upon, all
evidence and reports offered at said hearing, does hereby find:
- 2 - PC2012-***
1. The Proposed Project is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.08.030.010 (Restaurants – Drive Through
and Automotive Service Stations).
2. The Proposed Project will not adversely affect the adjoining land uses or the
growth and development of the area in which it is proposed to be located. The drive-though lane
for Parcel 2, as depicted on the proposed Tentative Parcel Map No. 2012-143 which is being
considered concurrently with the Proposed Project, will be located in close proximity to an
existing single-family residential neighborhood to the west; however, the applicant will be
required to mitigate sound levels by locating and directing the speaker box away from the single
family residences to the greatest extent possible, by constructing an 8-foot high block wall, and
by installing lush landscaping between the commercial center and the single-family residences to
the west.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
because the restaurants will be located within an established business area along a major arterial
highway.
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area, since over
30,000 square feet of existing retail space will be eliminated on the site and not more than 3,160
square feet of new uses are proposed to be constructed.
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the use is similar to other commercial
uses in the area and sound levels generated by the drive-through lane will be reduced in order to
minimize impacts on the adjacent residential properties to the west.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2012-05646, subject to the conditions of approval as
stated in 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, 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. Timing for compliance with conditions
of approval may be amended by the Planning Director upon a showing of good cause provided
(i) equivalent timing is established that satisfies the original intent and purpose of the condition
(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED that approval of the Proposed Project is
contingent upon and subject to approval of Tentative Parcel Map No. 2012-143, now pending.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
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.
- 3 - PC2012-***
BE IT FURTHER RESOLVED that the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 17, 2012. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHAIR, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2012-***
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 December 17, 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 17th day of December, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2012-***
- 6 - PC2012-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2012-05646
(DEV2012-00050)
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
GENERAL
1 The speaker box system for the drive through lane shall be designed
with volume settings that produce not more than 60 decibels at the
west property line and shall be located and directed away from the
single family residences to reduce potential noise impacts to the
greatest extent possible. Said system shall also be designed such that
the volume adjustment is controlled from inside the restaurant.
Planning
2 No required parking area shall be fenced or otherwise enclosed for
outdoor storage.
Planning
3 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 No. 1 (Site Plan Option B as conditioned herein).
Planning
4 An 8-foot high block wall shall be constructed along the west
property line to provide a sound and visual buffer adjacent to the
single family residences. The wall shall be shown on plans
submitted for building permits and constructed prior to final zoning
inspection.
Planning
5 The existing pylon sign located on Parcel No. 3 shall be removed. Planning
6 Loading and unloading spaces for Parcels 2 and 3 shall be provided
per City Specifications. Public Works
Traffic
Engineering /
Planning
7 That it is the responsibility of the owner/developer to remove and
relocate any traffic signal poles and equipment at the intersection of
Ball Road/Perdido Street if necessary at the owner’s/developer’s
expense.
Public Works
Traffic
Engineering
PRIOR TO ISSUANCE OF BUILDING PERMIT
8 The setback along the west property line setback shall incorporate
lush landscaping to provide an attractive visual buffer. These
improvements shall be shown in the landscape plans for the project
and shall be submitted to the Planning Department for review and
approval prior to building permit issuance.
Planning
- 7 - PC2012-***
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
9 Prior to issuance of building permits submit a letter to the Planning
Department requesting termination of Conditional Use Permit No.
2012-05634.
Planning
10 That a private water system with separate water service for fire
protection and domestic water shall be provided. Public
Utilities,
Electrical
Engineering
11 That all backflow equipment shall be located above ground outside
of the street setback area in a manner fully screened from all public
streets and alleys. Any backflow assemblies currently installed in a
vault will have to be brought up to current standards. Any other
large water system equipment shall be installed to the satisfaction of
the Water Engineering Division outside of the street setback area in
a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by
Water Engineering and Cross Connection Control Inspector.
Public
Utilities,
Water
Engineering
12 That all requests for new water services or fire lines, as well as any
modifications, relocations, or abandonments of existing water
services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
Public
Utilities,
Water
Engineering
13 That landscaping shall be provided around the above ground large
meter or fire service to shield from street view. Public
Utilities,
Water
Engineering
14 All water services shall be installed from the existing public water
main in Ball Road only. Public
Utilities,
Water
Engineering
15 That all existing water services and fire services shall conform to
current Water Services Standards Specifications. Any water service
and/or fire line that does meet current standards shall be upgraded if
continued use if necessary or abandoned if the existing service is no
longer needed. The owner/developer shall be responsible for the
costs to upgrade or to abandon any water service or fire line.
Public
Utilities,
Water
Engineering
16 That individual water service and/or fire line connections will be
required for each parcel or commercial unit per Rule 18 of the City
of Anaheim’s Water Rates, Rules and Regulations.
Public
Utilities,
Water
Engineering
- 8 - PC2012-***
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
17 Trash enclosure areas shall be provided and maintained in a location
acceptable to the Public Works Department and in accordance with
approved plans on file with said Department. Said storage areas
shall be designed, located and screened so as not to be readily
identifiable from adjacent streets. The walls of the storage areas
shall be protected from graffiti opportunities by the use of plant
materials such as minimum one-gallon size clinging vines planted
on maximum three-foot centers or tall shrubbery. The trash
enclosures openings shall be oriented to provide efficient trash truck
circulation and shall be constructed per City specifications.
Public
Works
Streets and
Sanitation/
Planning
18 Prior to approval of permits for improvement plans, the property
owner/developer shall coordinate with Electrical Engineering to
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and
related technical drawings and specifications.
Public
Utilities,
Electrical
Engineering
19 Prior to issuance of the first building permit, the final map shall be
submitted to and approved by the City of Anaheim and the Orange
County Surveyor for technical review and that all applicable
conditions of approval have been complied with and then shall be
filed in the Office of the Orange County Recorder.
Public
Works
Development
Services
20 The developer shall submit street improvement plans for the
removal and construction of improvements, including street, storm
drain, water, electrical and sewer, landscape and irrigation for the
public right-of way on Ball Road. The street improvement plans
shall also indicate the removal and replacement of the most easterly
driveway approach on Ball Road per the current version of
Engineering Standard Detail No. 115.
Public
Works
Traffic
Engineering
PRIOR TO APPROVAL OF WATER IMPROVEMENT PLAN
21 The Owner shall irrevocably offer to dedicate to the City of
Anaheim (i) an easement for all large domestic above-ground water
meters and fire hydrants, including a five (5)-foot wide easement
around the fire hydrant and/or water meter pad. (ii) a twenty (20)
foot wide easement for all water service laterals all to the
satisfaction of the Water Engineering Division. The easements shall
be granted on the Water Engineering Division of the Public Utilities
Department’s standard water easement deed. The easement deeds
shall include language that requires the Owner to be responsible for
restoring any special surface improvements, other than asphalt
paving, including but not limited to colored concrete, bricks, pavers,
stamped concrete, decorative hardscape, walls or landscaping that
becomes damaged during any excavation, repair or replacement of
City owned water facilities. Provisions for the repair, replacement
and maintenance of all surface improvements other than asphalt
Public
Utilities,
Water
Engineering
- 9 - PC2012-***
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
paving shall be the responsibility of the Owner and included and
recorded in the Master CC & R’s for the project.
PRIOR TO APPLYING FOR THE FIRST WATER METER OR FIRE SERVICE OR
FIRST SUBMITTAL OF THE WATER IMPROVEMENT PLANS
22 That the developer/owner shall submit to the Public Utilities Water
Engineering an estimate of the maximum fire flow rate and
maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing
water system to provide the estimated water demands. Any off-site
water system improvements required to serve the project shall be
done in accordance with Rule No. 15A.6 of the Water Utility Rates,
Rules, and Regulations.
Public
Utilities,
Water
Engineering
PRIOR TO CONNECTION OF ELECTRICAL SERVICE
23 If required, prior to connection of electrical service, the legal owner
shall provide to the City of Anaheim a Public Utilities easement
with dimensions as shown on the approved utility service plan.
Public
Utilities,
Electrical
Engineering
24 Prior to connection of electrical service, the legal owner shall submit
payment to the City of Anaheim for service connection fees.
Public
Utilities,
Electrical
Engineering
[DRAFT] ATTACHMENT NO. 4
- 1 - PC2012-092
RESOLUTION NO. PC2012-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
TENTATIVE PARCEL MAP NO. 2012-143 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012-00050)
(2281-2299 WEST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to
as the "Planning Commission") did receive a verified Petition for Tentative Parcel Map No.
2012-143 to establish a three-lot commercial subdivision consisting of Parcels 1, 2 and 3 to allow
for the future construction of either (1) two drive-through restaurants on parcels 2 and 3 (herein
referred to as “Option A”), or (2) a drive-through restaurant on Parcel 2 and a service station on
Parcel 3 (herein referred to as “Option B”) for that certain real property located at 2281-2299
West Ball Road in the City of Anaheim, as generally depicted on Exhibit A attached hereto and
incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is developed with commercial buildings presently
consisting of approximately 170,000 square feet of which 30,000 square feet will be demolished
to construct either Option A or Option B. The Property is located in the C-G (General
Commercial) zone and is designated for Commercial Neighborhood Center land uses in the City
of Anaheim General Plan; and
WHEREAS, on December 17, 2012, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, 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 Tentative
Parcel Map No. 2012-143 to investigate and make findings and recommendations in connection
therewith; and
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 proposed Tentative Parcel Map No. 2012-143 is
within that class of projects which consist of replacement or reconstruction meeting the
conditions described in Section 15302 of Title 14 of the California Code of Regulations ("CEQA
Guidelines"). Specifically, the proposed Tentative Parcel Map No. 2012-143 consists of the
demolition of an existing 30,000 square foot building and the construction of new buildings and
facilities consisting in the aggregate of not more than 6,000 square feet on the same site as the
structure replaced and will have substantially the same purpose and capacity as the structure
replaced. Accordingly, pursuant to Section 15302 of the CEQA Guidelines, the proposed
Tentative Parcel Map No. 2012-143 will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of, and based upon, all
evidence and reports offered at said hearing pertaining to proposed Tentative Parcel Map No.
2012-143 , does hereby find and determine as follows:
- 2 - PC2012-***
1. That the proposed subdivision, including its design and improvements, is
consistent with the Commercial Neighborhood Center land use designation in the Anaheim
General Plan and the development standards contained in the C-G (General Commercial) zone.
2. That the site is physically suitable for the type and size of the proposed
commercial subdivision.
3. That the design of the subdivision is not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive
environmental habitat has been identified.
4. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems, since any new structures and associated site improvements
will be constructed on the property in compliance with Code requirements.
5. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of property within the
proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does
hereby approve proposed Tentative Parcel Map No. 2012-143, 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 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. Timing for compliance with conditions
of approval may be amended by the Planning Director upon a showing of good cause provided
(i) equivalent timing is established that satisfies the original intent and purpose of the condition
(s), (ii) the modification complies with the Anaheim Municipal Code, and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED that construction of Option A or Option B (as
described hereinabove) is contingent upon and subject to approval of Conditional Use Permit No.
2012-05634 and Conditional Use Permit No. 2012-05646, now pending.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment 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 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 - PC2012-***
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
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 December 17, 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.
CHAIR, 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 December 17, 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 17th day of December, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2012-***
- 5 - PC2012-***
EXHIBIT “B”
TENTATIVE PARCEL MAP NO. 2012-143
(DEV2012-00050)
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
GENERAL
1 The sanitary sewer and storm drains for this development shall be
privately maintained. Public Works
Development
Services
PRIOR TO ISSUANCE OF BUILDING PERMIT
2 That a private water system with separate water service for fire
protection and domestic water shall be provided. Public
Utilities,
Electrical
Engineering
PRIOR TO FINAL MAP APPROVAL
3 An unsubordinated restricted covenant providing reciprocal access,
driveway and property maintenance and parking approved by the
Planning Department in a form satisfactory to the City Attorney
shall be recorded with the Office of the Orange County Recorder. A
copy of the covenant shall then be submitted to the Planning
Department. The covenant shall be referenced in all deeds
transferring all or any part of the interest in the property.
Planning
4 Prior to final map approval, the property owner shall irrevocably offer
for dedication (with subordination of easements), to the City of
Anaheim, a corner cut-off at Brookhurst Street at Ball Road and
additional areas for existing traffic signal improvements at Perdido
Street and Ball Road as easements for road, public utilities and other
incidental public purposes.
Public Works
Development
Services
5 A bond shall be posted in an amount approved by the City Engineer
and a form approved by the City Attorney prior to final map
approval.
Public Works
Development
Services
6 Prior to final map approval, a maintenance covenant, shall be
submitted to the Public Works Department/Development Services and
approved by the City Attorney's office. The covenant shall include
provisions for maintenance of private facilities and shall be in
compliance with the approved Water Quality Management Plan, and a
maintenance exhibit. Maintenance responsibilities shall also include
all on-site drainage devices, public parkway landscaping and
irrigation. The covenant shall be recorded in the Office of the Orange
County Recorder concurrently with the final map.
Public Works
Development
Services
7 Prior to final map approval, the legal property owner shall execute a
Subdivision Agreement, in a form approved by the City Attorney, to
complete the required public improvements at the legal property
Public Works
Development
- 6 - PC2012-***
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
owner’s expense. Said agreement shall be submitted to the Public
Works Department, Development Services approved by the City
Attorney and City Engineer.
Services
8 Prior to final map approval, all parcels shall be assigned street
addresses by the Building Division. Public Works
Development
Services
9 Prior to final map approval, all existing structures within the proposed
new lots shall be demolished. The developer shall obtain a demolition
permit from the Building Division.
Public Works
Development
Services
PRIOR TO ISSUANCE OF GRADING PERMIT
10 Prior to issuance of the grading permit and right-of-way construction
permit for the storm drain and sewer, whichever occurs first, a Save
Harmless agreement in-lieu of an Encroachment Agreement is
required to be executed, approved by the City and recorded by the
applicant on the property for any storm drains connecting to a City
storm drain.
Public Works
Development
Services
11 A Right of Way Construction Permit shall be obtained from the
Public Works Department/Development Services for all work
performed in the right-of-way. The improvements shall be
constructed prior to final building and zoning inspections.
Public Works
Development
Services
12 Prior to release of posted securities, the public improvements shall
be constructed by the developer and accepted by Construction
Services prior to final building and zoning inspections.
Public Works
Development
Services
13 A Water Quality Management Plan (WQMP), as described in
Drainage Area Management Plan for Orange County, shall be
submitted to the Planning Department/Building Division for review
and approval. Said WQMP shall:
• Address 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.
• Incorporate applicable Routine Source Control BMPs.
• Incorporate Treatment Control BMPs.
• Describe the long-term operation and maintenance, identifies
the responsible parties, and funding mechanisms for the
Treatment Control BMPs.
Building
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
14 The WQMP shall:
• Demonstrate that all structural BMPs described in the Project
WQMP have been constructed and installed in conformance
with approved plans and specifications.
Building
- 7 - PC2012-***
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
• Demonstrate that the property owner/developer is prepared to
implement all non-structural BMPs described in the Project
WQMP.
• Demonstrate that an adequate number of copies of the
approved Project WQMP are available on site.
Submit for review and approval by the City an Operation and
Maintenance Plan for all structural BMPs.
ATTACHMENT NO. 5
ATTACHMENT NO. 6
ATTACHMENT NO. 7
ATTACHMENT NO. 8
SP 94-1 (SC)DA5CINEMACITYTHEATER
C-G (SC)BEST WESTERNANAHEIM HILLS
SP 94-1 (SC)DA5BANK
SP 94-1 (SC)DA2RELIGIOUS USE
SP 94-1 (SC)DA5SERVICE STATION
SP 94-1 (SC)DA2CANYONOFFICECENTER
SP 94-1 (SC)DA5RETAIL
C-G (SC)VACANT
SP 94-1 (SC)DA2CANYONOFFICECENTER
SP 94-1 (SC)DA 2INDUSTRIAL SP 94-1 (SC)DA5RETAIL
C-G (SC)RETAIL
RM-4 (SC)CANYON VILLAGEAPARTMENTS198 DU
C-G (SC)RETAILE LA PALMA AVE N IMPERIAL HWYE ORANGETHORPE AVE
ES P E R A N Z A RDN VIA BREVEE. LA PALMA AVE
N. IMPERIAL H
W
Y
E . S A N T A A N A C ANYO N RDE. ORANGETHORPE AVE
E. S A N TA A N A C AN Y O N R D
5 6 3 5 Ea st La Palma Ave nue
D E V N o. 2009-00042A
Subject Property APN: 346-281-03
ATTA CHMENT NO. 1
°0 50 100
Feet
Aeria l Pho to:May 20 11
E LA PALMA AVE N IMPERIAL HWYE ORANGETHORPE AVE
ES P E R A N Z A RDN VIA BREVEE. LA PALMA AVE
N. IMPERIAL H
W
Y
E . S A N T A A N A C ANYO N RDE. ORANGETHORPE AVE
E. S A N TA A N A C AN Y O N R D
5 6 3 5 Ea st La Palma Ave nue
D E V N o. 2009-00042A
Subject Property APN: 346-281-03
ATTA CHMENT NO. 1
°0 50 100
Feet
Aeria l Pho to:May 20 11
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.