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PC 2010/02/17H:\TOOLS\PC Admin\PC Agendas\(021710).doc City of Anaheim Planning Commission Agenda Wednesday, February 17, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Panky Romero • Chairman Pro-Tempore: Stephen Faessel • Commissioners: Peter Agarwal, Todd Ament, Kelly Buffa, Joseph Karaki, Victoria Ramirez • Call To Order - 3:30 p.m. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker 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, February 11, 2010, 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 02/17/10 Page 2 of 6 Anaheim Planning Commission Agenda - 3:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Minutes ITEM 1A Receiving and approving the Minutes from the Planning Commission Meeting of February 1, 2010. These minutes have been provided to the Planning Commission and are available for review at the Planning Department. Motion Public Hearing Items: ITEM NO. 2 PUBLIC CONVENIENCE OR NECESSITY NO. 2006-00030A (DEV2009-00100 Owner: Carole Helmin Target Corporation 1000 Nicolett Mall, TPN-0910 Minneapolis, MN 55403 Applicant: Beth Aboulafia Hinman & Carmichael, LLP 260 California Street, Suite 1001 San Francisco, CA 94111 Location: 8148 East Santa Ana Canyon Road The applicant requests a Determination of Public Convenience or Necessity to upgrade an existing ABC beer and wine license to distilled spirits (for off-premises consumption) within an existing Target retail store. 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). Resolution No. 2009-004 Project Planner: David See dsee@anaheim.net 02/17/10 Page 3 of 6 ITEM NO. 3 TENTATIVE PARCEL MAP NO. 2009-139 (DEV2009-00095) Owner: Richard Cramer CMJ Remarc, LP 24800 Chrisanta Drive, Suite 130 Mission Viejo, CA 92691 Applicant: Stephen Hayes Hayes Surveying 12 Sembrado Rancho Santa Margarita, CA 92688 Location: 1155 and 1199 North Euclid Street The applicant proposes to subdivide one parcel into two parcels for an existing commercial 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 15 (Minor Land Divisions). Resolution No. 2010-005 Project Planner: Vanessa Norwood vnorwood@anaheim.net 02/17/10 Page 4 of 6 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2009-05472 VARIANCE NO. 2010-04805 (DELETED) (DEV2009-00101) Owner: Nathaniel Williams Anaheim West Plaza, LLC 3029 Wilshire Blvd. Santa Monica, CA 90403 Applicant: Tami Schmitt Anaheim West Plaza 3029 Wilshire Blvd., Suite 202 Santa Monica, CA 90403 Location: 3150 West Lincoln Avenue The applicant proposes a 6,252 square foot karate studio in a shopping center with fewer parking spaces than required by code. 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). Resolution No. 2010-006 Project Planner: Vanessa Norwood vnorwood@anaheim.net Adjourn to Monday, March 1, 2010 at 3:30 p.m. 02/17/10 Page 5 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. February 11, 2010_ (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: 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. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Tentative Tract and Parcel Maps will be final 10 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. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 02/17/10 Page 6 of 6 S C H E D U L E 2010 March 1 March 15 March 29 April 12 April 26 May 10 May 24 June 7 June 21 July 7 (Wednesday) July 19 August 2 August 16 August 30 September 13 September 27 October 11 October 25 November 8 November 22 December 6 December 20 91 FREEWAY SP 90-1 (SC) DA1 THE FESTIVAL SP 90-1 (SC) DA1 THE FESTIVAL SP 90-1 (SC) DA1 THE FESTIVAL C-G (SC) POLICE STATION C-G (SC) RETAIL C-G (SC) RETAIL C-G (SC) RETAIL O-L (SC) OFFICES O-L (SC) POST OFFICEO-L (SC) OFFICES O-L (SC) RELIGIOUS USE O-L (SC) OFFICES O-L (SC) OFFICES O-L (SC) OFFICES T (SC) ROOSEVELT PARK SP 90-1 (SC) DA1 THE FESTIVAL SP 90-1 (SC) DA2 THE FESTIVAL SP 90-1 (SC) DA2 THE FESTIVAL SP 90-1 (SC) DA2 THE FESTIVAL SP 90-1 (SC) DA1 THE FESTIVAL C-G (SC) SERVICE STATION O-L (SC) OFFICES RS-3 (SC) SFR E S A N T A A N A C A N Y O N R D S R O O S E V E L T R D E M O N TE VISTA R D E B A U E R R D E K A I S E R B LV D S C H A P A R R A L C T S FESTIVAL DR 91 E . SA N T A A NA C A N Y O N R D S . W E I R CANYON RD E . L A P AL M A A V E 108988148 East Santa Ana Canyon Road DEV2009-00100 Subject Property APN: 354-451-24 ATTACHMENT NO. 1 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE.°0 50 100 Feet Aerial Photo: April 2009 E S A N T A A N A C A N Y O N R D S R O O S E V E L T R D E M O N TE VISTA R D E B A U E R R D E K A I S E R B LV D S C H A P A R R A L C T S FESTIVAL DR 91 E . SA N T A A NA C A N Y O N R D S . W E I R CANYON RD E . L A P AL M A A V E 108988148 East Santa Ana Canyon Road DEV2009-00100 Subject Property APN: 354-451-24 ATTACHMENT NO. 1 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE.°0 50 100 Feet Aerial Photo: April 2009 91 FREEWAY [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-004 RESOLUTION NO. PC2010-004 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2006-00030A TO UPGRADE A TYPE 20 OFF SALE (BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE TO A TYPE 21 OFF-SALE GENERAL (DISTILLED SPIRIT) LICENSE (DEV2009-00100) (8148 EAST SANTA ANA CANYON ROAD) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to upgrade an existing Alcohol Beverage Control (ABC) license from a Type 20 Off-Sale Beer and Wine to a Type 21 Off-Sale General (distilled spirits) within an existing retail store, for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, on January 8, 2007, the Planning Commission adopted Resolution No. PC2007-4 approving Public Convenience or Necessity No. 2006-00030 to permit the sale of beer and wine for off-premises consumption within an existing retail store; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 17, 2010, at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: - 2 - PC2010-004 1. That the SP 90-1, D.A. 1 (SC) (Anaheim Hills Festival Center, Specific Plan No. 90-1, Development Area 1, Scenic Corridor Overlay) zone permits the sale of alcoholic beverages for off-site consumption in conjunction with a retail store, pursuant to Section 18.108.040.020(a)37 (Liquor Sales) of the Anaheim Municipal Code. 2. The proposed sales of alcoholic beverages for off-site consumption will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because such sales would be accessory to an existing retail store and there are other compatible commercial uses within the same shopping center. 3. That California state law requires a Determination of Public Convenience or Necessity when property is located in a census tract with more off-sale alcohol licenses than allowed; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 4. That 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. 5. That subject property is not located within high crime area. This 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 there are currently four licenses in the tract. 6. That the Determination of Public Convenience or Necessity can be made based on the finding that the alcoholic beverage sales is meant to be a convenience to the consumer who already shops at this location and the sale of beer and wine is anticipated to generate 3 to 5 percent of the gross sales for the retail store and would be a minor accessory component of the store. Therefore, the requested off-sale license will not be detrimental to the area provided that restrictions on the sales of alcoholic beverages are included in the approval. 7. That even though a new Type 21 Off-Sale General (distilled spirit) ABC license would be added to the census tract, the applicant proposes to surrender the former Type 20 Off- Sale Beer and Wine license and eventually sell it to another business. Therefore, this request to exchange the Type 20 Off-Sale Beer and Wine license for a Type 21 Off-Sale General (distilled spirits) license will not result in a permanent increase in the number of off-sale ABC licenses within this census tract. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. - 3 - PC2010-004 NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the Determination of Public Convenience or Necessity No. 2006-00030A subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the findings hereinabove set forth. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 17, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-004 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 February 17, 2010, 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 February, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-004 - 6 - PC2010-004 EXHIBIT “B” PUBLIC CONVENIENCE OR NECESSITY NO. 2006-00030A (DEV2009-00100) NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 2 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 3 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 4 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 5 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6 The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. Police Department 7 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being discovered. Code Enforcement 8 The subject property shall be developed substantially in accordance with plans 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 ATTACHMENT NO. 4 200 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 DEV2009-00095 RETAIL RM-3 DRESDEN COURT APTS 24 DU RM-2 CONDOS 53 DU C-G MEDICAL OFFICE C-G MEDICAL OFFICE C-G RESTAURANT RM-2 CONDOS 30 DU RM-4 WATER WHEEL APTS 64 DU RM-4 FOURPLEX RM-4 THE VIRGINIAN APTS 14 DU C-G SERVICE STATION RM-4 STONE CREEK APARTMENTS 120 DU RM-4 BAHAMA VILLAGE APTS 21 DU RM-4 APTS 8 DU RM-4 FOURPLEX T MORTUARY RM-3 CONDOMINIUMS/TOWNHOUSES RM-3 DRESDEN PALMS APTS 24 DU C-G MEDICAL OFFICE C-G MEDICAL OFFICE C-G MEDICAL OFFICE C-G MEDICAL OFFICE C-G RETAIL C-G RETAIL C-G RETAIL RM-4 FOURPLEX RM-4 FOURPLEX C-G RETAIL C-G MEDICAL OFFICE RM-4 FOURPLEX | | 69 2 ' | |134' N E U C L I D S T W ROMNEYA DR W GLEN AVE W ROMNEYA DR N D R E S D E N P L W NEIGHBORS AVE W CUTTER RD N DRESDEN ST 5 W. LA PALMA AVE N . E U C L I D S T N . B R O O K H U R S T S T W. CRESCENT AVE N . H A R B O R B L V D 108971155 North Euclid Street DEV2009-00095 Subject Property APN: 072-140-72 072-140-71 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 -1- PC2010-005 RESOLUTION NO. PC2010-005 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 15 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE PARCEL MAP NO. 2009-139 (DEV 2009-00095) (1155 & 1199 EUCLID STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a Tentative Parcel Map to establish a 2-lot commercial subdivision, for certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. WHEREAS, the 1.6-acre property is developed with two restaurants, one on each proposed parcel, and is located in the C-G zone (General Commercial) zone and the General Plan designates this property for Corridor-Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 17, 2010, at 3:30 p.m. notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed tentative parcel map and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed subdivision, including its design and existing improvements, is consistent with the Anaheim General Plan and the development standards contained in the C-G zone. 2. That the site is physically suitable for the type and density of the proposed commercial subdivision. 3. That the existing layout of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as the site is currently vacant and no sensitive environmental habitat has been identified. 4. That the design of the subdivision and existing improvements are not likely to cause serious public health problems, as the site is currently developed with two restaurants (one on each parcel) and no construction is proposed in association with this subdivision request. 5. That the existing design of the subdivision and existing improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. -2- PC2010-005 NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that a Class 15 Categorical Exemption in connection with Tentative Parcel Map 2009-139 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Tentative Parcel Map 2009-139 subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant’s compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 17, 2010 Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2010-005 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 February 17, 2010 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 February, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2010-005 -5- PC2010-XXX EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2009-139 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING 1 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Tentative Parcel Map), and as conditioned herein. Planning 2 The final map shall be submitted to the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and verified that all applicable conditions of approval have been complied with and then shall be recorded in the Office of the Orange County Recorder. Public Works – Development Services 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 DEV2009-00101 RETAIL C-G RESTAURANT RS-2 SINGLE FAMILY RESIDENCE C-G AUTO REPAIR/ SERVICE RM-4 ATHENIAN APARTMENTS 31 DU RM-4 WESTERN TERRACE APARTMENTS 24 DU RM-2 TOWNHOMES 28 DU C-G VETERINARY CLINIC RM-4 GLENWOOD APARTMENTS 78 DU RM-3 TRIPLEX C-G RESTAURANT RM-4 APARTMENTS 20 DU RS-2 SFR C-G RETAIL C-G CAR WASH RM-4 FOURPLEX RM-4 APTS 12 DU RM-2 DUPLEX RS-2 SINGLE FAMILY RESIDENCE RM-4 FOURPLEX C-G TERRA VIDA APARTMENTS 18 DU C-G RETAIL RS-2 SINGLE FAMILY RESIDENCE RS-2 SINGLE FAMILY RESIDENCE RS-2 SFR RS-2 SFR RS-2 SFR | |419' | | 4 6 5 ' West Anaheim Commercial Corridors West Anaheim Commercial Corridors W LINCOLN AVE S W E S T E R N A V E N W E S T E R N A V E W POLK AVE W DEL MONT E DR S T O P A N G A D R S H A R D I N G A V E W CABOT DR S L O M A L I N D A D R W. ORANGE AVE W. LINCOLN AVE . CRESCENT AVE S . D A L E A V E S . K N O T T A V E N . D A L E A V E S . W E S T E R N A V E . K N O T T A V E 108993150 West Lincoln Avenue DEV2009-00101 Subject Property APN: 135-281-19 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 W LINCOLN AVE S W E S T E R N A V E N W E S T E R N A V E W POLK AVE W DEL MONTE DR S T O P A N G A D R S H A R D I N G A V E W CABOT DR S L O M A L I N D A D R W. ORANGE AVE W. LINCOLN AVE . CRESCENT AVE S . D A L E A V E S . K N O T T A V E N . D A L E A V E S . W E S T E R N A V E . K N O T T A V E 108993150 West Lincoln Avenue DEV2009-00101 Subject Property APN: 135-281-19 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-006 RESOLUTION NO. PC2010-006 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05472 (DEV2009-00101) (3150 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009-05472, to permit a martial arts studio within an existing commercial center for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference. WHEREAS, this property is developed with a commercial center located in the General Commercial (C-G) zone and the Anaheim General Plan designates the property for residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 17, 2010, at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a conditional use permit, does find and determine the following facts: 1. The request to permit a martial arts studio in the General Commercial (C-G) zone is properly one for which a conditional use permit is authorized under Code Section 18.08.030.010. (Dance and Fitness Studios - Large ) of the Anaheim Municipal Code. 2. The operation of a martial arts studio will 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 use is entirely within an existing building with no outside activities and it is compatible with existing commercial uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because this use will be located within an existing tenant space of an established commercial center. 4. The traffic generated by the martial arts studio will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because a - 2 - PC2010-006 total of 391 parking spaces are provided for the commercial center including the martial arts studio and the demand for parking for this use is less than uses permitted in the commercial zone. 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 commercial uses in the area and activities would occur entirely within the existing tenant space. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009-05472 subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this conditional use permit is approved without limitations on the duration of the use. 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 delays in the issuance of required permits or the revocation of the approval of this application. - 3 - PC2010-006 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 17, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 17, 2010, 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 February, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-006 - 6 - PC2010-006 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2009-05472 (DEV2009-00101) NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 No outdoor activities shall occur on the property. Code Enforcement 2 Clientele access to the martial arts studio shall be limited to the front door on the north building elevation. Code Enforcement 3 The rear door of the martial arts studio shall remain closed during all class/instruction activities. Code Enforcement 4 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), Exhibit No. 2 (Floor Plan) and as conditioned herein. Planning 
Letter
of
Operation
 
 
 To
Whom
It
May
Concern:
 
 Please
read
the
following
for
information
about
our
operations.
 
 Description
of
Services
 
 Team
Intense
Martial
Arts
specializes
in
training
champions
in
the
Olympic
sport
of
 Taekwondo.

We
will
also
be
offering
classes
in
Kali/Eskrima
(Filipino
Martial
Arts),
 and
Cardio
Kickboxing.
 
 Team
Intense
not
only
strives
for
martial
arts
excellence,
but
we’re
focused
on
 building
leaders
in
all
of
our
members
–
kids
and
adults.

To
obtain
this,
we
will
also
 be
designating
an
area
in
our
unit
called
“The
Homework
Hangout”,
where
kids
will
 be
able
to
do
their
homework,
get
homework
help,
and
just
be
in
a
positive
 environment.
 
 Every
kid
longs
for
acceptance
and
belonging,
and
sometimes
looks
to
drugs,
 alcohol,
and
gangs
to
get
it.

To
counter
this
problem,
Team
Intense
Martial
Arts
 strives
to
provide
a
family
atmosphere
to
give
them
the
acceptance
and
belonging
 that
they
desire.

Not
to
mention,
the
self‐confidence,
self‐respect,
discipline,
and
 teamwork
that
they’ll
acquire
by
being
part
of
this
team
and
learning
how
to
defend
 themselves
at
the
same
time!
 
 Number
of
Classes
&
Hours
of
Operation
 
 Team
Intense
Martial
Arts
will
be
offering
a
total
of
16
classes
per
week
between
the
 hours
of
4:30
to
8:30pm,
Monday
through
Friday
(Please
see
schedule
below).

We
 will
have
anywhere
from
15
to
30
students
per
class.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 THE
SCHEDULE
|
 Schedule
is
subject
to
change
without
notice.
 
 
 Monday
 4:30
–
5:00pm

Tiny
Tots
Taekwondo

(All
Ranks
2‐3
Year
Olds)
 5:15
–
6:00pm

Mighty‐Mites
Taekwondo
(All
Ranks,
4‐5
Year
Olds)
 6:15
–
7:15pm

Family
Taekwondo
(All
Ranks,
Ages
6
and
Up)
 7:30
–
8:30pm

Advanced
Taekwondo
(Green
Belt
&
Up,
All
Ages)
 
 
 Tuesday
 5:00
–
6:00pm

Competition
Sparring
(All
Ranks,
6
and
Up)
*
 6:15
–
8:30pm

Elite
Fighting
Team
Training
**

 
 
 Wednesday
 4:30
–
5:00pm

Tiny
Tots
Taekwondo

(All
Ranks
2‐3
Year
Olds)
 5:15
–
6:00pm

Mighty‐Mites
Taekwondo
(All
Ranks,
4‐5
Year
Olds)
 6:15
–
7:15pm

Family
Taekwondo
(All
Ranks,
Ages
6
and
Up)
 7:30
–
8:30pm

Advanced
Taekwondo
(Green
Belt
&
Up,
All
Ages)
 
 
 Thursday
 5:00
–
6:00pm

Competition
Sparring
(All
Ranks,
6
and
Up)
*
 6:15
–
7:15pm

Kali/Eskrima
(Filipino
Weaponry
–
Ages
10
and
Up)
 7:30
–
8:30pm

Cardio
Kickboxing
(Ages
12
and
Up)
 
 
 Friday
 5:00
–
6:00pm

Beginning
Taekwondo
***
 6:15
–
7:15pm

Kali/Eskrima
(Filipino
Martial
Arts
–
Ages
10
and
Up)
 7:30
–
8:30pm

Family
Taekwondo
(All
Ranks,
Ages
6
and
Up)
 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.