The URL can be used to link to this page

PC 2003/03/24 C11'Y OF ANAHEIM PLANNING COMMISSION AGENDA MARCH 24, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California .::CHAIRPERSON: PAUL BOSTWICK COMMISSIONERS: PHYLLIS BOYDSTUN,.:STEPHEN-BRISTOL, GAIL EASTMAN, JOHN KOOS,'DAVID ROMERO,.JAMES VANDERBILT CALL TO ORDER PLANNING COMMISSION MORNING SESSION 11:00 A.M. ` • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY . PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE MARCH 24, 2003`AGENDA RECESS TO AFTERNOON PUBLIC HEARING SESSION RECONVENE TO PUBLIC HEARWG 1:30 P.M. ,_~ . For record keeping purposes, ifyou wish to make a statement regarding.any item on the agenda, please complete a speaker card and submit it to the secretary. PLEDGE OF ALLEGIANCE PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS _ ADJOURNMENT H:\DOCS\CLERICAUAGENDAS/032403.DOC Plan nInQCOm mission (C77,anaheim. net 03-24-03 Page 1 RECONVENE TO PUBLIC HEARING AT 1:30 P.nA. PUBLIC COMII~ENTS: 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: Item 1-A 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. 1. REPORTS AND RECOMMENDATIONS A. Receiving and approving the Minutes from the Planning Commission Meetings of March 10, 2003. (Motion) 03-24-03 Page 2 PUBLIC HEARING ITEBflS: 2a. CEQA NEGATIVE DECLARATION 2b. RECLASSIFICATION NO. 2003-00095 OWNER: Danros, Inc., 511 Helberta Avenue, Redondo Beach, CA 90277 AGENT: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 2300 West Lincoln Avenue. Property is approximately 4.4 acres, having a frontage of 330 feet on the south side of Lincoln Avenue, located 980 feet east of the centerline of Gilbert Street (Daniel's Furniture). City-initiated (Community Development Department) request for reclassification of the property from the CL (BCC) (Commercial, Limited; Brookhurst Commercial Corridor Overlay) zone to the RM-3000 (BCC) (Residential, Multiple-Family; Brookhurst Commercial Corridor Overlay) zone, or a less intense zone. RECLASSIFICATION RESOLUTION NO. 3a. 3b. OWNER: California Drive-In Theaters, 120 North Robertson Boulevard, Los Angeles, CA 90048 AGENT: Jim Beam, 3745 West Chapman Avenue, Suite 203, Orange, CA 92868 LOCATION: 2150 South State College Boulevard. Property is approximately 8.48 acres, having frontages of 635. feet on the east side of State College Boulevard and 50 feet on the south side of Orangewood Avenue, located 280 feet south of the centerline of Orangewood Avenue (Orange/Anaheim Swap Meet). Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 7, 2002 to expire June 21, 2003) to retain an outdoor swap meet facility. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (dseet7o anaheim.net) sr2125ds.doc Q.S. 33 Project Planner: (evambaoCo anaheim.net) sr3009ey.doc O.S. 119 03-24-03 Page 3 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 2003-04670 OWNER: James E. Stephenson, P.O. Box 3518, Orange, CA 92857. Ryan Vanderhook, 1397 North Jefferson Street, Anaheim, CA 92807 AGENT: Ron Vandermooren, RVM Construction, Inc., 1200 N. Jefferson Street, Anaheim, CA 92807 LOGATION; 1397 North Jefferson Street. Property is approximately 1.25 acres, having a frontage of 256 feet on the west side of Jefferson Street, located 750 feet north of the centerline of Miraloma Avenue. To expand an existing non-conforming contractor/building materials Project Planner: storage yard with waiver of maximum fence height within required front (ioramirezCa~anaheim:net) yard setback. sr5001jr.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 148 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 5b. CONDITIONAL USE PERMIT NO. 2003-04667 OWNER: Michael Bagguley, c/o Carol Cushing, 701 Concord Street, Glendale, CA 91202 AGENT: Carol Cushing, 701 Concord Street, Glendale, CA 91202 LOCATION: 3010 West Lincoln Avenue. Property is approximately 1.58 acres, located at the southwest corner of Lincoln Avenue and Beach Boulevard (Numero Uno Pizzeria). To permit and retain the retail sales of beer and wine for on-premises : Project Planner: consumption and an amusement arcade with up to sixteen (16) (avazauez(o~anaheim.net) amusement devices within an existing restaurant. sr8576av.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 9 03-24-03 Page 4 m m _ 1 6a. 6b. 6c. 2003-00010 OWNER: Yong Sub Kim, Thomas Liquor, 1015 West Orangethorpe Avenue, Fullerton, CA 92833 AGENT: Leon Alexander, Briggs and Alexander, 556 South Harbor Boulevard, Suite 100, Anaheim, CA 92805 LOCATION: 1000 West Lincoln Avenue. Property is approximately 0.35-acre, located at the southwest corner of Lincoln Avenue and Illinois Street (Thomas Liquor). Conditional Use Permit No. 2003-04669 - To permit the retail sales of alcoholic beverages for off-premises consumption in conjunction with an existing legal non-conforming convenience market. Determination of Public Convenience or Necessity No. 2003-00010 - To upgrade an existing Type 20 (Off-Sale Beer and Wine) to a Type 21 (Off-Sale General Alcohol) alcoholic beverage license to permit the retail sales of alcoholic beverages for off-premises consumption within an existing legal non-conforming convenience market. CONDITIONAL USE PERMIT RESOLUTION NO. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. 7a. CEQA CATEGORICAL EXEMPTION • CLASS 32 7b. CONDITIONAL USE PERMIT NO. 2001.04361 (TRACKING NO. CUP2003-04671) OWNER: PEP, LLC., P.O. Box 5325, .Newport Beach, CA 92662 AGENT: Scott G. Hook, PEP/LLC, P.O. Box 5325, Newport Beach, CA 92662. LOCATION: 8247-8267 East Santa Ana Canvon Road. Property is approximately 0.87 acre', having no frontage on a publid street and accessed via a private access easement, located 505 feet west of the centerline of Weir Canyon Road. 'Advertised as 3.34 acres To modify previously-approved exhibits for an existing commercial retail center and to amend a condition of approval pertaining to maximum number of permitted tenant spaces. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (ayazquez(o~ a n ah eim. n et) sr8575av.doc Q.S. 63 Project Planner: (vn onvood (o7a na h ei m: Hell sr8573vn.doc Q.S. 213 03-24-03 Page 5 ADJOURN TO MONDAY, APRIL 7, 2003 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIE1Al. CERTIFICATION OF POSTING t hereby certify that a complete copy of this agenda was posted at: r' ) I Lam-c-~-~ ~ G' i ~ C' i:' j (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~ 4--..--~~~ }~C~~--r~ 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 FROM PLANNING COMMISSION ACTION The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. 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 tiling 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 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714.765-5139. 03-24-03 Page 6 SC6-~E®~9~~ 2003 APRIL 7 APRIL 21 MAY 5 MAY 19 JUNE 2 JUNE 16 JUNE 30 JULY 14 JULY 28 AUGUST 11 AUGUST 25 SEPTEMBER8 SEPTEMBER 22 OCTOBER6 OCTOBER 20 NOVEMBER3 NOVEMBER 17 DECEMBER1 DECEMBER 15 DECEMBER 29 03-24-03 Page 7 ITEH N0. 2 RS-A-43,000 CUP 1697 R -72D F CUP 3636 1 O EAC p LOWE ELEM. SCHOOL (CLOSED) ~ A CL (BCC) CL RM-1200 5 DU m CL (BCC) < -- 68 62-23 fib 62-2 -RCL 77.78-21 m ~ rv N 98-99-11 RCL 56-57-ST RCL 5fi-5' RCL 69-70-26 m r ti '° mO1 uJ CL ~„,_oem 61.62-116 ~ RCUP 20 01-04 35 8. CUP 2E (Res. of Int. to CL) 5 DU U ~ d ~ U ~ K~ LL RCL 62-63-16 ii gm,'m,m~ RCL 56.57-57 qOJ 2002- 0221 CUP 17 EIR 3t - V-2971 ~ ~ z ~ ~> o AA NO, 159 „0`i» CUP 3640 CUP n51 S.aS m n m v u o PROF. OFFICES ~~ EIR 3L MOTET ~ ¢ °'auu EIR NO. 319 0 ~ Zo 4 DU CHURCH ,~ D LINCOLN AVENUE 980' EAST OF THE CENTERLINE ~ ® OF GILBERT STREET o-I-® 330' RM-3000 (BCC) U~ ~;~ 90.89-11 rq o°0 0 RCL 62-63.28 ~ ~ °o ri,-o °o o~ CUP 3429 -n m CUP 309 _ ] yn ~ ~~ ~~ ~z RS-A-43,000 VACANT ¢ U ¢¢ ~Jf U U¢ APTS- ~ K K K> CL f8CC1 RCL 20 3-00095 RCL 2003 00093 RCL 2093-00092 RM-3000 (BCC) 99-99 11 71-72-84 ~ CL RCL 62-63 26 (rtes. of Int. to cy RCL 77-7e-23 RCL 2001-00063 - CUP 3429 71-72-2 CUP 1999 96-99-11 N CUP 307 (Res. of I VACA TA-03,000) SHOPPING RCL 62-63-20 VAR 4041 CENTER CUP 3429 EIR NO. 319 CUP 2053 FURNITURE STARE RS-A-43,000 CUP 307 VAR 4041 RCL 71-72-02 (i) GPA 139 RCL 71-72-04 VACANT (Res of Intent to CL) 264 DU APARTMENTS z J o Rsaz99 z 1 DU EACH RS-A-43,000 ~ CUP 2671 CL V-2277 PRIVATE SCHOOL APARTMENTS TRANSIT AVE z { Z AW m , m ~o N -i Reclassification No. 2003-00095 Subject Property Date: March 24, 2003 Scale: 1" = 200' Requested By: DANROS INC. Q.S. No. 33 A CITY-INITIATED (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST FOR RECLASSIFICATION OF THE PROPERTY FROM THE CL (BCC) (COMMERCIAL, LIMITED; BROOKHURST COMMERCIAL CORRIDOR OVERLAY) ZONE TO THE RM-3000 (BCC) (RESIDENTIAL, MULTIPLE-FAMILY; BROOKHURST COMMERGIAL CORRIDOR OVERLAY) ZONE, OR A LESS INTENSE ZONE. 2300 West Lincoln Avenue -Daniel's Furniture s13 Staff Report to the Planning Commission March 24 2003 Item No. 2 2a. CEQA NEGATIVE DECLARATION (Motion) 2b. RECLASSIFICATION NO: 2003-00095 (Resolution) , SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 4.4-acre property has a frontage of 330 feet on the south sitle of Lincoln Avenue, a maximum deptt of 580 feet, and isi Ideated 9130 feet east of the canterline of Gilbert Street (2300 West Lincoln Avenue`- Daniel's Fumiture)r REQUEST:r (2) ACity-initiated (Community Development Department)`request fora reclassification of the prdpertyfromithe CL'(BCC) (Commercial, Limited;Brodkhurst Commercial Corridor Overlay) zone to the RM-3000 (BCC) (Residential, Multiple-Family; Brookhurst Commercial Corridor Overlay) zone or less intense zone_ BACKGROUND: (3) The subject property is 8urrently developed with a retail furniture store and iszoned CL (BCC). The Land Use Element Map of the Anaheim General designates this; property for Low-Medium:Density Residential land uses. This property is also located within the. West Anaheim Commercial Corridors Redevelopment Projecf Area. (4) Surrounding land uses are as follows: Direction Land Use Zoning ', Genera[ Plan Designation North across ' Retail Stares and CL (BCC) `; General Commercial Lincoln Avenue '' Professional Offices East Apartments RS-A-43,000. 'General Commercial Billboard (County of ; --------- Orange) Resolution of intent to RM-3000 (BCC) South Private School RS-A-43,000 ` Medium Density Residential West Vacant RM-3000 (BCC) Low-Medium Density Residential (5) General Plan Amendment No. 2001-00399 (to redesignate the two properties at 2300 2340 West Lincoln Averue from the GenerafCommerdial and Medium Density Residential land use designations td the Low-Medium Density Residential land use designation) and Reclassification No. 2001-00063(td reclassify the property at 2330 - 2340 West Lincolh Avenue from the CL (BCC) zone to the RM-3000 (BCC) zone) were approved by the City Council on'July 23 2002, following approval by the Commission. sr2125ds Page 1 _ ._ ~. _ . _ Staff Report to the ` Planning Commission March 24, 2003 Item Noc 2 (ti) pn January 13, 2003, the Planning Commission initiated reclassification proceedings for this ptoperty at the request of the Community Developmentbepartmeht. DISCUSSION: - (7) , This reclassification request) is to rezone the 2300 West Lincoln Avenue property. from the CL (BGC) zone tolthe RM-3000 (BCC)'zone or Tess intense zone. This reclassification would tie consistent with the zoning ofthe contiguous property to the west and the current Low-Medium Density Residential land use designation and would permit the development of small-lot single-family homes, condominiums br townhouses consistent with the development standards of the RM-3000 Zone. (t3) The Community Development Department has submitted the attached'memorandum stating'that this reclassification request would allow for the future development of for-sale residential units at a maximum density: of 13 dwelling unitsper acre. This property is located within the West Anaheim Commercial Corridors Redevelopment ProjectArea and the reclassification requesfwould be consistent with the revitalization goals and the alternative Residential land use designation in the Redevelopment Plan. The Anaheim Redevelopment Agency, property owner of the parking lot for the former Home Depot site at 2330.West Lincoln Avenue, is also irrthe process of replacing underperforming, mid- block commerciaj properties!(such as tfe Home Depot site); o residential uses in accordance with the West Anaheim Vision Plan approved by the City Council. The Agency..' is also'actively pursuing new'infill housing developments where appropriate in order to r demonstrate new dousing opportunities in accordance with State-mandated Housing Element goals. Lastly, the Agency is in the process of finalizing an agreement with the current`property owner concerning the acquisition"of the subject property. (9) Commission should note that a development proposal for this property and the former Home Depot parking lotto the west isscheduled for a Planning Commission public hearing:. in April The proposal includes a mix of attached and detached ownership housing. ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the proposal and the Initial Stuoy (a copy of which is available for review in the Planning Department)'and finds ho significant environmental impact and; therefore, ' recommends that a Negative Declaration be approved upon a finding by the Commission that the declaration reflects the independent jutlgment of the lead agency; and that it has considered the proposed Negative Declaration ogether with'any comments received during the public review process and further finding on the basis ofthe Initial .Study and`any comments received that there is no substantial evidence that the project will have a significant effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (11) `, The proposed project has been reviewed by affected City departments?to determine whethe(it conforms with the`Ciry's Growth Management Element adopted by the City Council'on March 17, 1992. Based on City staff review of the proposed project; it has been.' determined that this project would not fit within the scope necessary to pequire a Growth Management Element analysis. RECOMMENDATION: (12) Staff recommends that, unless additional or contrary information is received during the meeting; and based upon the evidence submitted to the Commission; ihcluding the Page 2 Staff Report to the Planning Commission March 24;2003 Item No. 2 evitlence presented in this staff report, and oral and written evidehce presented at the meeting, the Commission takeYhe followingactions: (a) By motion, approve a CEQA Negative Declaration. (b) By resolution, unconditionally aoprove Reclassification No: 2003-00095 (to rezone ~- the 2300 West Lincoln Avenue property from'the CL (BCC) (Commercial, Limited; Brookhurst Commercial Corridor Overlay) zone to the RM-3000 (BCC) (Residential, Multiple-Family; Brookhurst Commercial Corridor Overlay)zone ocless intense zone. Page 3 ~_ - _ J ATTACIi~tENT - I TEH N0. 2 MEMORANDUIVI CITY OF ANAHEIM Community Development Department DATE: March 14, 2003 TO: Planning Department FROM: Community Development ~ -~ SUBJECT: REQUEST FOR A ZONE RECLASSIFICATION FOR THE PROPERTY AT 2300 WEST LINCOLN AVENUE (DANIEL'S SITE) The following provides background information for the Planning :Commission's consideration of a request for a zone reclassification for property located at 2300 West Lincoln Avenue. The proposed reclassification is from the CL (Commercial Limited) zone to the RM-3000 (Residential, Multiple-Family) zone. The subject is generally known as the Daniel's Site. The requested zone reclassification will facilitate the development of homes at a density of 10 to 13 dwelling units per acre. The subject property is located within the West Anaheim Commercial Corridors Redevelopment Project Area boundary. The intent of the Redevelopment Project Area is to revitalize and improve this area with market rate and affordable home ownership opportunities. The Redevelopment Plan for the West Anaheim Commercial Corridors Redevelopment Project ("Redevelopment Plan") designates the subject property as General Commercial with an alternative designation of Residential. An objective of the Redevelopment Plan is to develop housing to meet the needs of the community and to increase home ownership opportunities in the area. This"zoning reclassification request is consistent with the goals set forth in the Redevelopment Plan. In addition, the City-adopted Housing Element establishes goals for new housing production that are addressed by this rezoning request. The Housing Element sets a production goal of 11,508 new housing units. The City's ability to demonstrate that it is able to achieve its Housing Element goals is demonstrated by the new housing potential from changing land use designations to residential where appropriate. The Anaheim Redevelopment Agency ("Agency') is currently finalizing negotiations with the property owner who has agreed to sell to the Agency. The Agency has entered into a Disposition and Development Agreement with Brookfield Southland Holdings LLC ("Brookfield") to develop the site as an ownership housing project. Brookfield has submitted a tentative tract map that will be presented to the Planning Commission on April 21, 2003. The tentative tract map will provide the Planning Commission an opportunity to review the site plan and home designs for the project. March 14, 2003 Zone Reclassification Request Page 2 The Agency supports the rezone of the property for the purpose of developing for-sale high quality residential units that will benefit Anaheim by providing home ownership opportunities. The Agency requests that the rezoning be approved so that the housing development proposed for this site can move forward. If you have any questions or concerns regarding this matter, please call Mark Asturias at ext. 4315. Thank you for your assistance. c. Clare Fletcher David Gottlieb Mark Asturias Ramona Castaneda Damien Delany F:\DODSWDhIIMhIEMOSID4M]]1 JC.000 ~® _ s ® o.~ o® _ o IItM NU. ~~ ~' o I N I 1 wu. r ML (SE) iAMC R ML (SE) ML (SE) VACANT ELECTRICAL INC. VACANT DON MIGUEL ORANGEWOOD AVENUE 50'-~ ~- Ines of lnl 1lo SE) 666]-14 SGSZ93 cuP Zml oEL rnco r~~ \\ \~ \ \ _ _ `- /\J \ ~ \ \ \ ~ ~~ ^ --_ -~ ~ I '(Res o(91nl~enl to SE)' ~ I fifi4i]-14 Q RCL 62-63-09 ~ 56-51-93 I T-CUP 2001 043]9 ll. T-cuP 2W3-04669. -) T-CUP 2ou2-04541 ~ I T-CUP 200604234' 99-06-15 (Res of lnlenl to S fib-67-04 56-57-93 EIR 274 EIR 321 GPA 214-I E) cuP 2fi33 m ~ CUP 3069 GPA 3fi1 IND. FIRM CUP 4125 CUP 2930 w I PARHING W J I J I (R R (Res R( CUF f T-CL T-Cl !r T-CL VA f ML (SE) 99-UD-15 {Res of Intent to SE) 66-67-14 RCL 62-fi3-09 56-57-93 EIR 274 EIR 321 GPA 214-I GPA 361 IND. FIRM w K ^ ~ tt LL J Q N ga m Z J K ~~ ~m ='" fi ~ a o- o= g ;. NU,on2 m ~ J ~ ML ¢ ~ a 99-OD-15 I ~ U Inlonl In CF1 805' CITY LIMITS CITY LIMITS Conditional Use Permit No. 4125 Subject Property TRACKING Np. 2003-04668 Date: March 24, 2003 Scale: Graphic Requested By: CALIFORNIA DRIVE-1N THEATERS Q.S. No. 119 REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON MAY 7, 2002 TO EXPIRE JUNE 21, 2003) TO RETAIN AN OUTDOOR SWAP MEET FACILITY. 2150 South State College Boulevard -Orange/Anaheim Swap Meet 614 Staff Report to the Planning Commission March 24, 2003 Item No. 3 3a. CEQA NEGATIVE. DECLARATION (PREVIOUSLY-APPROVEDI (Motion) 3b. '.'CONDITIONAL USE PERMIT NO. 4125 (Resolution) (TRACKING NO. CUP2003-04668):; :SITE LOCATION AND'DESCRIPTION: (1) This 8.48-acre, irregula~Iy-shaped property has a frontage of 635 feet on the'east sidebf State College Boulevard and a frontage of 50 feet on the south side of Orangewood Avenue, a maximum depth of 805 feet and islocated 280 feet south of the centerline df Arahgewood Avenue'(2150 SouthState College Boulevard -Orange/Anaheim Swap Meet). REQUEST'. (2) The petitioner requests: reinstatement of this: permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 7, 2002, to expire: on June 21, 2003) to retaircan outdoor swap meet facility under authority of Code Section 18:03.093. BACKGROUND: (3) This property is located in both the'City of Anaheim and`the City of Orange and is currently developed with an outdoor swap meet. This property is zoned MLi (Limited Industrial) with a resolution of intent to the Sports Entertainment (SE) Overlay Zone> The site' is designated for Business OfficelMixed Use/Industrial land uses by the City of Anaheim General Plan Land Use Element Map.' (4) Both the City of Anaheim and City of Orange have jurisdiction ove[ different portions of the larger swap meet property. Therefore, to function as an ntegrated'site, land use approval by both jurisdictions is required. The Orange City Council approved this request on August 10,-1999, as Conditional' Use Permit No. 2290-99 without an expiration date. (5} Surrounding land uses are as follows: ':Dirertinn Ord and Ilca': 7nninn r f,anaralAlgn; n Mixed Mined es ~e : Sr3009ey.doc Page 1 _ ~ ~_ _ _ - Staff Report to the Planning Commissich' March 24, 2003 Item No. 3 (9) The Code Enforcement. Division has submitted a memorandum dated February 24, 2003, documenting that the petitioner is currently complying with conditions of approval. A recent staff inspection indicates that the property is being properly maintained. - (10) When Commission considered this permit in 1999, the petitioner stated that'the swap meet was considered an interim use until such time as "the highest arid best use" of the property could be determined, Based on the fact thatthis reinstatement is'proposed for an 16-month period during the entitlement process for a permanent ~esidentiaf use, staff recommends approval of tfiis requesffor reinstatement. ENVIRONMENTAL IMPACT ANALYSIS: (11) Staff has reviewed the proposal to7einstate Conditiona[ Use Permit No. 4125 and finds that no'significantadverse environmental impacts7esulting from this request to reinstate this permit. Therefore, staff~ecommends that the previously-approved Negative Declaration in connection with Conditional Use Permit No. 4125 (TRACKING NO. CUP2003-04668)serve as the required environmental documentation for this request upon a finding by the Commission that the Negative Declaration reflects the'independentjudgment of the lead agency; and that it has considered: the proposed Negative Declaration together with any comments received during the putilic review process and further finding on'the basis of the Initial Study (a copy of which is available forreview in the Planning; Department) and any comments received that there is no substantial evidence that the'project will' have a significant effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: i (12) The. proposed,project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City ' Council on March 17, 1992. Based on Gity staff review'of the proposed project, it has been determined that this project does not fit within'the scope necessary to require a Growth' Management Element analysis, therefore, noanalysis has been performed, i FINDINGS:- (13) Before the Planning Commission grants any conditiona(USe permit, it must make a finding of fact that the evidencefpresented`shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by theZoning Code, or that'said use is not listed. therein as being a ' permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growtfi and development'of the area ih which it is proposed to be located; (c) ' That the size and shape of the site for the proposed use is adequate to allow the full development of tfte proposed use in a'manner not detrimental to the particulararea nor to the peace; health,'safery, and general welfare; Page 3 Staff Report to the Planning Commission March 24, 2003 !. Item'No. 3 (d) That the traffic generated by the: proposed'use will not impose an undue burden upon the streets and highways designed and improved to carry' he traffc'in the area; and - (e) That the granting of the conditional use permit under he conditions imposed, if any,; will not be'detrimental to the peace, health; safety and generafwelfare of the oitizens ofthe City of Anaheim. (14) Subsection 18.03.093.040 of the Zoning Code requires that before theiCommission grants reinstatement pf the approval by extension, modification or deletion; he applicant must presenfevidence to establish the following findings: ? (a) The facts necessary tp support each and every required showing for the issuance of .such entitlement as set forth in'this chapter exist; (b) Said permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; (c) Said permit. is being exercised in a manner' not detrimental to the particular area and. surrounding land uses, nor to tfie public peace, health, safety and generafwelfare; and (d) With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under the permit as granted. RECOMMENDATION: (151 Staff recdmmends that, unless additional or contrary information is received during the meeting;. and based upon the evidence submitted' o the Commission, ncluding;the evidence presented in this staff report,'and oral and written evidence p~esented'at the public hearing, the Commission take the following'actions: (a) By motion, determine that the previously-approved Negative Declaration is the appropriate environmental documentation for this request. (b) By resolution, approve the reinstatement of Conditional Use Permit No. 4125 (Tracking No, CUP2003-046613) to retain an outdpor swap meet facility for a period ' of 18 months to expire on December 21; 2004, based on the following: (i) ! That thispermit has been substantially operated in the same manner as originally: approved by the Commission. Code Enforcementbivision has inspected the premises and hasdetermined that the facility is incompliance with all applicable conditions of approval. (ii) That this: permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, as evidenced by he absence of Code Enforcement Division complaints for this property. (iii) That there have been no changes to the applicable zone standards that would invalidate the findings that were the basis for the d~iginal approval of this permit Page 4 _ _ _ Staff Report o the Planning Commission March 24; 2003 Item No. 3 (c) Staff further recommends that the Commission amend Council Resolution No. i 2002R-97 in its entirety, to be replaced by a new resolutidn with the following conditions of approval based on the finding that3he modification is necessary to permit the reasonable operation of this swap meet facility: L That this,permit shall expire oh, and the swap meet use authorized hereunder shall terminate not later thah December21, 2004.'- Z That the applicant shall continuously comply with all conditions imposed on this project by the'Gity of Orange regarding traffic mitigation.'i 3 That the' property shall be maintained in conformance with plans approved by the. City Traffid ahd Transportation Manager pertaining,to Engineering s Standard Plan Nosi 436 and'602 regarding parking standards and driveway locations'. 4. That trash storage areas shall. be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance: with approved plansbn file witfi`said Department. Said storage areas shaHbe designed, located. and screened so ashot to be readily identifiable from adjacent streets'or highways. The walls of the storageareas shall. be protected from graffiti opportunities by;the use of i plant materials such as minimum one.(1) gallon sized clinging vines planted on maximum three (3) foot centers or, all shrubbery. 5. That an do-site trash truck tum-around area shall tie provided and maintained in accordance with Engineering Standard Detaif No. 610 and maintained to the Streets and`Sanitation Division. 6. That the property owner or swap meet operator shall pay an annual fee for Police,Departmentdetectives'to monitor the activities of the sellers and patrons within the Gity of Anaheim portion of this property. The numberof detectives, hours of monitoring and annual fee costs shall be determined by the Burglary Detail of the Anaheim Police Department. 7. That no signage and no Special Event Permits shall be permitted within the City of Anaheim portion of thisproperty. 8. -That the sale and consumption of alcoholic beverages shall not be permitted on the City of Anaheim portion of this property. 9. That the' parking lot serving the premises 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 parkinglot. Saidlighting sFiall not exceed twelve (12) feet in height aril shall be directed; positioned and shielded fn such a manner so as not to unreasonable illuminate the window areas of adjacent land uses. 10. That trees shall not be unreasonably trimmed to allow increased visibility of the swap meetfacility. Page 5 Staff Report to the Planning Commission March 24, 2003 ItemNo.3 11. That no amplified (i.e., loud speakers) musiccor entertainment shall be permitted oRthe premises; and that noise levels shall'comply with Code requirements) 12. That all vendors shall comply with California`State law regarding the sale of> aerosol spray paint. The propertybwner sftall be responsible for.:' compliance with this condition. 13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other outdoorUses. 14. That the hours of operation shall tie limited to 6 a.m. tq 6 p.m. on Saturdays; and Sundays; the day'after Thanksgiving and during the week before Christmas, with customer hours eliding at 4 p.m. and gash clean-up and vendor display/vehicle removal concluded by 6 p.m., as' stipulated to by the petitioner. 15. That no loading/unloading whatsoever shall be permitted on Orangewood Avenue or State College Boulevard. 16, That this usejpermit is granted subject to the!adoption of City of Orange Conditional Use Permit No. 2290-99, remaining as an entitlementbn the property; and`that any changes, revisions, modifications, etc„ to said use permit shall necessitate additional action by'the Anaheim Planning Commission or City Council, as determined to be necessary by the Anaheim Planning Department. Approval of this use permit shalt be contingent upon compliance with all conditions of approval of',City of Orange Conditional Use Permit No.'2290-99. 17. That if any of the conditions of approval of this conditional use permit (such: as required trash enclosures) are provided entirely on the portion bf this facility located within the Ciry of Orange and-that plans are submitted to and approved by the City of Orange showing those improvements, a$opy of those approved plans shall be submitted to the City ofAnaheim Zoning Division and'filed with this petitions Said approved plans will satisfy the applicable conditions in his usepermit. 18. That the developer shall be responsible for cbmpliance and any direct costs associated with the conditions of approval imposed by he CityofOrange and the City'of Anaheim. 19. Tftat the business operator shall pay a fee for each individual vendor located within the City of Anaheim'on a monthly basis as determined by the` City of Anaheim Business License Division of the Finance Department. 20. That the vendor sales area shall be subject to Fire Code requirements which pertain to access lane widths and minimum spacing between canopies. Approval of this conditional use permit does not guarantee a Page 8' I Staff Report to the Planning'Commission March 24; 2003 `item No. 3 minimum number of vendors Fire Code requirements may seduce the.` number below that shown on the approved site plate (ExhibitNo. 1). " 21. That all gates on State College 8ouleva~d shall be'open at all times when - the property is occupied and,shall be closed when the premises are vacated.:. The gateon Orangewood Avenue shall be open only for vendor use and shall be closed at all other times when not' in use by vendors. '- 22. That subject property shall be developed and maintained substantially ih accordance with plans and specificatidns submitted to the. City of Anaheim by the petitioner and which plans are on file witft the Planning Department marked Exhibit No: 1; and as conditioned herein. 23. That thevse of overhead power lines shall be prohibited. 24. 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 notinclude any action or findings as to compliance or approvalbf the request regarding any other applicable ordinance, regulation or requitement. Page 7 _ - I 03i07i03 @9: @7 A3-A6°2AA3 OA:AAam Frtlm- 1 PRCIFIC THEATRES - CONSTRUCTION ~ 1714765528@ N0.68@ P@@2i@03 T-stlq Y~UYGNUa r-use ATTACHtIEfIT - ITEM rao. 3 PETII'IOPIER'S ~T'ATERfl~tdT Jl1~TAFICATI~~ F®~ REiN~T~T'EMEid'T Section 18.03.083 of the Anaheim Municipal Coda. requires that before any condl8onal use permit or variance rantolnlnp Uma limitation can be reinstated for en eddNonal padod of Ume, or beioro such time Ilmlta8an maybe dotated or modlflad by the Ptanning c;ommisslan or Zoning Adminiauetnr, the fcilawing must be shown: 1. The feria nacmasary to support each and ovary required ahowing for uto lasuanca oP such an110emant as set forth in . the lollnwing excerpts From the Anehalm2oning Code still exist: 98.D3.030 (Relative to Conditional 6JSS Parmlte) before the Clty Council or Planning Commission may grmnt any request for a condtionsl use parml6 it mull make a finding of fact, oy resotutlon, Ihat the evidence presented shows that all of the following exist: .031 That the propoaed use is propedy ono for which a conditlonel uss permit is authorized by this code, or {a not listed herein ea being a parrniuad use; .032 That the propoaed use will not adversely affect lha adjoining land uses and the growth end devalopmsnt of the area in which It la pfapoaed to be located; .033 Thel the etas and shape of the alto proposed Tor the uao la adequate to allow the lull day®lopmont of the proposed use in a manner not deUimantsl to Ihapprticular area nor to the peace, health., safely and penarel welfare; .034 That the traffic generated by the propoaed use will not Impose an undue burden upon the straeta sfhd highways designed and improved la carry the traffic in the area; A38 That the granting o(th~ candlganatuse pertnlt under the condlttone imposed, if any, w111 not bo dalrimantal to the peace, health, safety end penta~al welfare of the cigzane of the City oP Anaheim; 1IL03.g4D (Relative to derlahcas) Ba/ore any variance may be granted by the Planning Commission it shell ba shown: .031 That there era special eircumatencea applicable to the property, including oleo, shape, topography, IocaBon or surroundings, which do not apply to other property under IdanUcel aonlnp clmaaiDcsDon to the vtdnly; .D38 Thal, because of spacial circumatences shown In .031, aUlct appGwtlan of the inning soda deprlVea the property of privileges enjoyed by other property unbar tdsntlcal zoning classificallon in the vlclniry. 2. 6aid permit or variance is being exorcised substentislly in the cams manner and in eonfonnenee with all condltlons end stipulations orlplnelly approved by the approval body; 3, said permit or varlsnee is being ezarelaad in a manner not datdmenlal to {ha Darticulsr area and surrounding land uses, nor to the public peace, health, safety and general welfare; end 4. With nagerd only to any deletion of a lime limitation, such deletion is necessary to permit raasonebla operation under the permit or variants as granted. in order to determine if such findings exist, end to assist the 2onlnp Administrator or Ptanning Cbmmisslon to eMva at a decision, please answer the tollowing qumations fully and as eompleta as posslole. ®~eh edditi naI aheo(a I addltlo~l soave a nee~g~, t. Has any physical aspect of the property for which tnis s ormit Or variance been granted changed sipnifiaantly since Ute Isauence of Ihia use permit or variance? O YE NO Explain: _ A o 1 CUP N®. ®_ ~-- -- -- m -- 0 (over) CAS@ ND. X125 :.~ i 03/07/03 09:07 PRCIFIC THEATRES - CONSTRUCTION ~ 17147655280 N0.680 P003iF D0-00-2003 D0:00am From- T-004 P.AD3/DA3 F-DB0 2. Have ~ land ueea In the fmmediala vlelnlry then®ed alnca th® Issuance of Ihta uaa parrnlL. ar„vadanee9 ® YES NO Eaplsln:_ ~ ~~ 3. Haa an aspect o1 the n®tura of tna operetlon than®ed slgoa the Issuance of Ihls uac p®rmlt or verienae~ ®YES NO Eaplain:_ a. Rre the arndlt(ona of approval peAelning to tho u®® p®rmit or varlenee bolnp comp0ed whh9 YES ®NO EYplaln: _ 8. II you are requestlnp a d®letlon of the time IlmltaGOn, la thls daleAon necessary for the cahtlnued opmrallon of thl8 use orverlence7 ^YES ONO Explain:'J'his reaue®t ie to extend th® expiration date oP June 21, 2003 to November 21, 2004. John Manavienr .'ylee' ~`r'C~Id~n~--- Nam®af Props er or Autha eC AganHPloas® PAnt)` ~.--------------.. ~ Ilo~ 5 OnoW party Ownor or Autharize4 AOent '3ata- ZD6226tKe0C 12101 CAa®N0. z CUP ~O. 4 2 2 5' . 1 _- - m -~ -- --~. _® ATTACHMENT - ITEtI tJO, 3 MEMORANDUM CITY OF ANAHEIM Code Er forcerrent Division DATE: FEBRUARY 24, 2003 TO: ELAINE YAMBOA, PLANNING AIDE `~I~ FROM: MATTHEW D. LETTERIELLO, CODE ENFORCEMENT OFFICER SUBJECT: REINSTATEMENT OF CONDITIONAL USE PERMIT #4125, TRACKING CUP2003-04668 2150 S. STATE COLLEGE BLVD. At your request to inspect for compliance with the Conditional Use Permit, I went to the above location on February 21, 2003. I found the parking lot was clean, the landscaping on the west side was well maintained, and there were no advertising signs visible. The pazking lot light poles appeared to be of sufficient number and installed as required. There were no fenced azeas for storage visible (resolutions items #7, 9, 10 & 13). If I can be of any further assistance or you have any questions, please telephone me at extension 4446. 0833m1.doc m_. ~. ® ®_.m .. o._ ® .~ ATTACHf1EIJT - ITE~4 N0. 3 RESOLUTION NO. 2002R-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 9125 TO EXPIRE JUNE 21, 2003, AND AMENDING CERTAIN CONDITIONS OF APPROVAL RELATING THERETO AS SET FORTH IN RESOLUTION NO. PC2001-39. WHEREAS, on June 21, 1999, the Planning Commission, by its Resolution No. PC99-118, granted Conditional Use Permit No. 4125 to establish an outdoor swap meet at 2150 South State College Boulevard with waiver of required parking lot landscaping; and that Condition No. 1 of said resolution specified that the use permit would expire on June 21, 2001; and WHEREAS, on April 9, 2001, the Planning Commission, by its Resolution No. PC2001-39, reinstated and approved Conditional Use Permit No. 4125; and that Condition No. 1 of said resolution specifies that the use permit would expire on April 9, 2002; and WHEREAS, the property is currently developed with a portion of the Orange/Anaheim Swap Meet (the swap meet is located in both the City of Anaheim and the City of Orange); that the zoning is ML (Limited Industrial) with a resolution of intent to the Sgorts Entertainment (SE) Overlay Zone; and that the site is designated for Business Office/Mixed Use/Industrial land uses by Land Use Element of the Anaheim General Plan; and WHEREAS, the petitioner has submitted a letter requesting reinstatement of this use permit, pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and that the petitioner indicates the property owner is working with both the City of Anaheim and the City of Orange regarding potential land use alternatives for the entire site; and WHEREAS, on March 11, 2002 the Planning Commission did hold a duly noticed public hearing and, following said public hearing, did adopt its Resolution No. PC2002-41 approving reinstatement of Conditional Use Permit No. 4125 for the reasons set forth therein; and WHEREAS, within the time permitted by law, an interested party, or the City Council by its own action, did. appeal the decision of the Planning Commission to the City Council; and WHEREAS, the City Council did hold a public hearing on said appeal at the City Hall in the City of Anaheim on May 7, 2002, notice of said public hearing having been duly given as _~ a -- - -- -° l required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and-°" against said proposed amendment and to investigate and .make findings and recommendations in connection therewith; and WHEREAS, said City Council after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine as follows: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code; and 2. The proposed use, if operated in full compliance with the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and 3. That the size and shape of the site is adequate to allow the full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; and 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; and 5. The granting of this approval, under the conditions imposed herein, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and 6. The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations heretofore approved by the City; and 7. The permit is being exercised in a"manner not detrimental to the particular area and surrounding land uses; nor to the public peace, health, safety and general welfare. 8. That the facts necessary to support each and every required showing for the issuance of the proposed reinstatement, as set forth in subsection 18.03.093.040 of the Zoning Code, exist. 9. That this use permit is being exercised in substantially the same manner and in conformance with all 2 a _. _ _ _ __ v e _ 1 conditions and stipulations originally approved by the Planning Commission. `"""`° 10. That modification of the time limitation is necessary to permit reasonable operation under this use permit as originally granted. _ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 9125, as approved by Resolution No. PC99-118, and as heretofore amended by Resolution No. PC 2001-39 be, and the same is hereby, reinstated and extended to expire June 21, 2003 subject to compliance with.. the following conditions; and that the conditions of Conditional Use Permit No. 4125, as set forth in Resolution No. PC99-118, and as amended by Resolution No. PC 2001-39, be, and the same are hereby, amended and restated in their entirety, to read as follows: 1. That this conditional use permit shall expire on, and the swap meet use authorized hereunder shall terminate not later than June 21, 2003. 2. That the applicant shall continuously comply with all the conditions imposed on this project by the City of Orange. regarding traffic mitigation. 3. That this property shall be maintained in conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. 9. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the""Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage.. area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected"from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. 5. That an on-site trash truck turn-around area shall be provided and maintained in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. 6. That the property owner or the swap meet operator shall 3 pay an annual fee for Police Department detectives to monitor the activities of the sellers and patrons within the City of Anaheim portion of the swap meet. The number of detectives, hours of monitoring and annual fee costs shall be determined by t'he Burglary Detail of the Anaheim Police Department. 7. -That no signs and no Special Event Permits shall be permitted within the City of Anaheim portion of the swap meet site. 8. That the sale and consumption of alcoholic beverages shall not be permitted on the City of Anaheim portion of the swap meet site. 9. That the parking lot serving the premises 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. Said lighting shall not exceed twelve (12) feet in height and shall be directed, positioned and shielded in such a manner so as not to unreasonable illuminate the window areas of adjacent land uses. 10. That trees shall not be unreasonably trimmed to inczease visibility of the swap meet. 11. That no amplified (i.e., loud speakers) music or entertainment shall be permitted on the premises; and that noise levels shall comply with Code requirements. 12. That all vendors shall comply with California State law regarding the sale of aerosol spray paint. The property owner shall be responsible for compliance with this condition. 13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other outdoor uses. 14. That the hours of operation shall be limited to 6 a.m. to 6 p.m. on Saturdays and Sundays, the day after Thanksgiving and during the week before Christmas, with customer hours ending at 4 p.m. and trash clean-up and vendor display/vehicle removal concluded by 6 p.m., as stipulated to by the petitioner. 15. That no loading or unloading what-so-ever shall be permitted on Orangewood Avenue or State College Boulevard. 16. That this use permit is granted subject to of City of Orange Conditional Use Permit No. 2290-99 an entitlement on the Orange portion of the swap meet the adoption remaining as site 4 property; and that any changes, revisions, modifications, etc., to said use permit shall necessitate additional action by the Anaheim Planning Commission or City Council, as determined to be necessary by the Anaheim Planning Department. Reinstatement-and approval of this use permit shall be contingent upon compliance with all conditions of approval of Conditional Use Permit No. 2290-99. 17. That if any of the conditions of approval of this conditional use permit are satisfied entirely on the portion of the swap meet located within the City of Orange (such as required trash enclosures) and plans are submitted to and approved by the City of Orange showing those improvements, a copy of those approved plans shall be submitted to the City of Anaheim Zoning Division and filed with this petition. Said approved plans will satisfy the applicable condition(s) of approval in this use permit. 18. That the developer shall be responsible for compliance and any direct costs associated with the conditions of approval imposed by the City of Orange and the City of Anaheim. 19. That the business operator shall pay for a fee for each individual vendor located within the City of Anaheim portion of the swap meet on a monthly basis, as determined by the Business License Division of the City of Anaheim Finance Department. 20. That the vendor sales area is subject to Fire Code requirements which pertain to access lane widths and minimum spacing between canopies. Approval of this conditional use permit does not guarantee a minimum number of vendors. Fire Code requirements may reduce the number below that shown on the approved site plan (Exhibit No. 1). 21. That all gates on State College Boulevard shall be open at all times when the property is occupied and shall be closed when the premises are vacated. The gate on Orangewood Avenue shall be open only for vendor use and shall be closed at all other times when not in use by vendors. 22. That subject property shall be developed and maintained 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; and as conditioned herein. 23. That the use of overhead power lines shall be prohibited. 5 24. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of May, 2002. A Q.a9lL ~A ® MAYOR OF CITY F A HEIM~ ATTEST:/~ ~~I OA~~.C ~~_l~Li_~fj~. CI Y CLER OF HE CITY OF ANAHEIM 49654.1 6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-97 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of May, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ___ ~L1L CITY CLER OF HE CITY OF ANAHEIM (SEAL) - _ o. 7 ATTACHHEflT - I TEP1 tJO. 3 RESOLUTION NO. PC2002-41 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4125, AND AMENDING CERTAIN CONDITIONS OF APPROVAL WHEREAS, on June 21, 1999, the Planning Commission, by its Resolution No. PC99-118, granted Conditional Use Permit No. 4125 to establish an outdoor swap meet at 2150 South State College Boulevard with waiver of required parking lot landscaping; and that Condition No. 1 of said resolution specified that the use permit would expire on June 21, 2001; and WHEREAS, on April 9, 2001, the Planning Commission, by its Resolution No. PC2001-39, reinstated and approved Conditional Use Permit No. 4125; and that Condition No. 1 of said resolution specifies that the use permit will expire on April,9, 2002;. and WHEREAS, the property is currently developed with a portion of the Orange/Anaheim Swap Meet (the swap meet is located in both the City of Anaheim and the City of Orange); that the zoning is ML (Limited Industrial) with a resolution of intent to the Sports Entertainment (SE) Overlay Zone; and that the site is designated far Business Office/Mixed Use/Industrial land uses by Land Use Element of the Anaheim General Plan; and WHEREAS, the petitioner has submitted a letter requesting reinstatement of this use permit for approximately 14 months, pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and that the petitioner indicates the property owner is working with both the City of Anaheim and the City of Orange regarding potential land use alternatives for the entire site; and WHEREAS., the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 11, 2002, at 1:30 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 18.03, to hear and consider evidence for and against said proposed amendment 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 use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the proposal, as amended., will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the proposal is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the use will not impose an undue burden upon :the streets and highways designed and improved to carry the traffic in the area. 5. That granting 3his reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. Tracking No. CUP2002-04515 C R5319 D M.doc -1- PC2002-41 ~e - - 7. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 8. That the facts necessary to support each and every required showing for the issuance of the proposed reinstatement, as set forth in subsection 18.03.093.040 of the Zoning Code; exist. 9. That this use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 10. That modification of the time limitation is necessary to permit reasonable operation under this use permit as originally granted. 11. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reinstate this conditional use permit by the modification of a condition of approval pertaining to a time limitation to retain an outdoor swap meet facility on property consisting of 8.48 acres located southeast of the intersection of Orangewood Avenue and State College Boulevard, having frontages of 635 feet on the east side of State College Boulevard and 50 feet on the south side of Orangewood Avenue, being located 280 feet south of Orangewood Avenue, and further described as 2150 South State College Boulevard (Orange/Anaheim Swap Meet); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4125 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with ahy comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment NOW., THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby .amend Resolution No. PC99-118, adopted in connection with Conditional Use Permit No. 4125 and as amended, to reinstate and approve this Conditional Use Permit, and to amend the conditions of approval in their entirety to read as follows: 1. That this conditional use permit shall expire on April 9, 2004. 2. That the applicant shall continuously comply with all the conditions imposed on this project by the City of Orange regarding traffic mitigation. 3. That this property shall be maintained in conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. 4. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, .and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. 5. That an on-site trash truck turn-around area shall be provided and maintained in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. 6. That the property owner or the swap meet operator shall pay an annual fee for Police Department detectives to monitor the activities of the sellers and patrons within the City of Anaheim portion of the swap meet. The number of detectives, hours of monitoring and annual fee costs shall be determined by the Burglary Detail of the Anaheim Police Department. -2- PC2002-41 _ _ mr J That no signs and no Special Event Permits shall be permitted within the City of Anaheim portion of the swap meet site. That the sale and consumption of alcoholic beverages shall not be permitted on the City of Anaheim portion of the swap meet site. That the parking lot serving the premises 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. Said lighting shall not exceed twelve (12) feet in height and shall be directed, positioned and shielded in such a manner so as not to unreasonable illuminate the window areas of adjacent land uses. 10. That trees shall not be unreasonably trimmed to increase visibility of the swap meet 11. That no amplified (i.e., loud speakers) music or entertainment shall be permitted on the premises; and that noise levels shall comply with Code requirements. 12. That all vendors shall comply with California State law regarding the sale of aerosol spray paint. The property owner shall be responsible for compliance with this condition. 13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other outdoor uses. 14. That the hours of operation shall be limited to 6 a.m. to 6 p:m. on Saturdays and Sundays, the day after Thanksgiving and during the week before Christmas, with customer hours ending at 4 p.m. and trash clean-up and vendor display/vehicle removal concluded by 6 p.m., as stipulated to by the petitioner 15. That no loading or unloading what-so-ever shall be permitted on Orangewood Avenue or State College Boulevard. 16. That this use permit is granted subject to the adoption of City of Orange Conditional Use Permit No. 2290-99 remaining as an entitlement on the Orange portion of the swap meet site property; and that any changes, revisions, modifications, etc., to said use permit shall necessitate additional action by the Anaheim Planning Commission or City Council, as determined to be necessary by the Anaheim Planning Department. Reinstatement and approval of this use permit shall be contingent upon compliance with all conditions of approval of Conditional Use Permit No. 2290-99. 17. That if any of the conditions of approval of this conditional use permit are satisfied entirely on the portion of the swap meet located within the City of Orange (such as required trash enclosures) and plans are submitted to and approved by the City of Orange showing those improvements, a copy of those approved plans shall be submitted to the City of Anaheim Zoning bivision and filed with this petition. Said approved plans will satisfy the applicable condition(s) of approval in this use permit: 18. That the developer shall be responsible for compliance and any direct costs associated with the conditions of approval imposed by the City of Orange and the City of Anaheim. 19. That the business operator shall pay for a fee for each individual vendor located within the City of Anaheim portion of the swap meet on a monthly basis, as determined by the Business :License Division of the City of Anaheim Finance Department. -3- PC2002-41 rm _ - - --- - --- l 20. That the vendor sales area is subject to Fire Code requirements which pertain to access Zane widths and minimum spacing between canopies. Approval of this conditional use permit does not guarantee a minimum number of vendors. Fire Code requirements may reduce the number below that shown on the approved site plan (Exhibit No. 1). 21. That all gates on State College Boulevard shall be open at all times when the property is .occupied and shall be closed when the premises are vacated. The gate on Orangewood Avenue shall be open only for vendor use and shall be closed at all other times when not in use by vendors. 22. That subject property shall be developed and maintained 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; and as conditioned herein. 23. That the use of overhead power lines shall be prohibited. 24. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 11.2002. tOriginal aigred Cy Craig Anthony Arnold) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~riglnal ai;ned by Ela<nor Funaades3 RETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 March 11, 2002, by the fallowing vote of the members thereoF. AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2002. (Original signed by Etsanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2002-41 ATTACHMEWT - ITEM N0. 3 RESOLUTION NO. PC99-118 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4125 BE GRANTED FOR TWO (2) YEARS WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State '. of California, described as: THAT PORTION OF LOT 13 OF THE LOCKHART TRACT, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, .PAGE 512 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE 5.25 ACRE TRACT OF LAND CONVEYED BY HARRY JO. BRAINARD TO WILLIAM F. GADE BY DEED RECORDED IN BOOK 527, PAGE 276 OF DEEDS OF SAID LOS ANGELES COUNTY; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND OF GADE TO THE CENTERLINE OF THE STATE HIGHWAY; THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE POINT OF INTERSECTION THEREOF WITH. THE CENTERLINE OF THE COUNTY ROAD COMMONLY KNOWN AS PLACENTIA AVENUE, AN EASEMENT FOR SAID ROAD WAS CONVEYED TO ORANGE COUNTY BY DEED RECORDED DECEMBER 6, 1992 IN BOOK 444, PAGE 395 OF DEEDS OF SAID ORANGE COUNTY; THENCE NORTH 0° 09' 30" WEST ALONG THE CENTERLINE OF SAID COUNTY ROAD TO THE NORTHWESTERLY LINE OF LOT 13 OF SAID LOCKHART TRACT; THENCE NORTHEASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID LOCKHART TRACT; THENCE EASTERLY ALONG SAID LINE TO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO PHILIP LAUX AND ADELE H. LAUX, HIS WIFE, BY DEED RECORDED JUNE 15, 1920 IN BOOK 369,. PAGE 104 OF DEEDS; THENCE SOUTH 16° 56' 00"WEST 634.90 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: _ BEGINNING AT A POINT ON THE CENTERLINE OF SAID COUNTY ROAD, DISTANT. THEREON NORTH 0° 10' 30" WEST 159.66 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (60 FEET WIDE), DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 25, 1954 IN BOOK 2851, PAGE 256 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 60° 43' 00" EAST 344.21 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LAND OF GADE, NORTHEASTERLY 221.05 FEET, MEASURED ALONG SAID NORTHWESTERLY LINE AND THE SOUTHWESTERLY PROLONGATION THEREOF, FROM SAID CENTERLINE OF THE CALIFORNIA STATE HIGHWAY_ ALSO EXCEPT THE INTEREST CONVEYED TO THE CITY OF ORANGE, FOR USE AS A PUBLIC STREET AND FOR USE OF PUBLIC UTILITIES, BY DEED RECORDED NOVEMBER 14, 1963 IN BOOK 6804, PAGE 358 OF OFFICIAL RECORDS., IN THAT PORTION DESCRIBED AS FOLLOWS: cr3674PK. DOC -1- PC99-118 BEGINNING AT A POINT AT A POINT BEING THE INTERSECTION OF THE CENTERLINE OF LOS ANGELES STREET (60 FEET WIDE) AND STATE COLLEGE BOULEVARD (FORMERLY PLACENTIA AVENUE) (60 FEET WIDE) THENCE NORTH 0°,09' 30" EAST ALONG THE CENTERLINE OF SAID STATE COLLEGE BOULEVARD, 32.63 FEET TO AN ANGLE POINT; THENCE SOUTH 09° 50' 30" EAST 30 FEET AS MEASURED~AT RIGHT ANGLES TO THE EASTERLY LINE OF STATE COLLEGE BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 09' 30" WEST 15 FEET TO AN ANGLE POINT. SAID POINT BEING THE INTERSECTION OF THE EAST LINE OF SAID STATE COLLEGE BOULEVARD WITH THE NORTHEASTERLY LINE OF SAID LOS ANGELES STREET; THENCE SOUTH 60° 43' 00" EAST 15 FEET ALONG SAID NORTHEASTERLY LINE OF LOS ANGELES STREET TO AN ANGLE POINT; THENCE NORTH 30° 16' 45" WEST 25.87 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS DEDICATED TO THE CITY OF ORANGE BY DEDICATION BEING RECORDED MAY 7, 1970 IN BOOK 9284, PAGE 62 OF OFFICIAL RECORDS, BEING DESCRIBED AS: THAT PORTION OF LOT 13 OF THE LOCHART TRACT, PER MAP RECORDED IN BOOK 4, PAGE 512 OF MISCELLANEOUS RECORDS, LOS ANGELES COUNTY, CALIFORNIA, AND LOTS 1 AND 2 OF TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF THE ROAD ESTABLISHED BY DEED TO THE COUNTY OF ORANGE RECORDED DECEMBER 5, 1922 IN BOOK 444, PAGE 395 OF DEEDS OF SAID ORANGE COUNTY, DISTANT NORTH 0° 43' 42" WEST, 159.66 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (60 FEET WIDE) AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 2258, PAGE 59 OF SAID DEEDS; THENCE SOUTH 59° 48' 48' EAST A DISTANCE OF 34.45 FEET TO THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE OF STATE COLLEGE BOULEVARD (FORMERLY LOS ANGELES STREET), WITH THE EAST LINE OF STATE COLLEGE BOULEVARD (FORMERLY KNOWN AS PLACENTIA AVENUE) AND BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, CONTINUING SOUTH 59° 48' 48" EAST A DISTANCE OF 309.76 FEET, MORE OR LESS., TO THE NORTHWESTERLY LINE OF THE 525 ACRE TRACT OF LAND CONVEYED TO HARRY JAMES BRAINARD, ET US., TO WILLIAM F. GADE BY DEED RECORDED IN BOOK 527, PAGE 276 OF DEEDS OF SAID LOS ANGELES COUNTY; THENCE NORTH 50° 03' 27" EAST ALONG SAID NORTHWESTERLY LINE OF THE LAND TO WILLIAM F. GADE A DISTANCE OF 25,52 FEET; THENCE, PARALLEL AND 24 FEET NORTHEASTERLY TO THE EXISTING RIGHT-OF-WAY LINE OF STATE COLLEGE BOULEVARD (FORMERLY LOS ANGELES STREET), NORTH 59° 48' 48"WEST A DISTANCE OF 118.59 FEET TOT HE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 342 FEET; THENCE WESTERLY AND NORTHERLY ALONG SAID 342 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 60° 32' 30" AN ARC DISTANCE OF 361.38 FEET; THENCE PARALLEL AND 42 FEET EASTERLY OF THE CENTERLINE OF STATE COLLEGE BOULEVARD (FORMERLY PLACENTIA AVENUE) A DISTANCE OF $46.48 FEET; THENCE NORTH 3° 15' 01" EAST A DISTANCE OF 250 FEET, MORE OR LESS, TO A POINT ON THE EXISTING BOUNDARY OF THE CITY OF ORANGE AS ESTABLISHED BY ANNEXATION NO. 79, ORDINANCE NO. 663, SAID BOUNDARY LINE 205.43 FEET NORTHERLY OF THE WESTERLY PROLONGATION OF SYCAMORE AVENUE; THENCE NORTH 89° 16' 18" WEST ALONG THE EXISTING CITY OF ORANGE BOUNDARY A DISTANCE OF 23 FEET; THENCE CR3647PK.DOC -2- PC99-118 PARALLEL AND 30 FEET EASTERLY OF THE CENTERLINE OF STATE COLLEGE BOULEVARD (FORMERLY KNOWN AS PLACENTIA AVENUE) SOUTH 0° 43' 42" WEST A DISTANCE OF 1016:65 FEET TO THE TRUE POINT OF BEGINNING. AND THAT PORTION OF LOT 2 IN TRACT NO, 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT, WEST 1025.53 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ON A DIRECT LINE TO A POINT ON THE SOUTH LINE OF SAID LOT, WESTERLY 747 FEET FROM THE SOUTHEAST CORNER THEREOF. EXCEPT THE NORTH 567.04 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF ORANGE RECORDED MAY 7, 1970 IN BOOK 9294, PAGE 62 OF SAID OFFICIAL RECORDS:. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LOT LYING WESTERLY OF THE CENTERLINE OF PLACENTIA AVENUE (NOW STATE COLLEGE BOULEVARD) AS SHOWN ON TRACT NO. 964, FILED IN BOOK 31, PAGES 46 AND 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THAT PORTION OF LOT 1 OF TRACT 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID LOT 1 WITH THE CENTERLINE OF PLACENTIA AVENUE; THENCE SOUTH 0° 09' 30" EAST 179.99 FEET TO THE EASTERLY LINE OF SAID LOT 1; ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF ORANGE RECORDED MAY 7, 1970 IN BOOK LL9284, PAGE 62 OF SAID OFFICIAL RECORDS: AND THE WESTERLY 50 FEET OF THAT PORTION OF LOT 2 OF TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY OF A LINE WHICH BEGINS AT A POINT ON THE SOUTHERLY LINE OF SAID LOT, WESTERLY 747 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ON A DIRECT LINE TO A POINT ON THE NORTHERLY LINE OF SAID LOT., WESTERLY 1025.53 FEET FROM THE NORTHEAST CORNER THEREOF. SAID 50 FOOT STRIP TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF LOT 13 OF THE LOCKHART TRACT, AS PER MAP RECORDED IN BOOK 4, PAGES 512 AND 513 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BEING THE NORTHERLY LINE OF THAT CERTAIN PAR EL OF LAND CONVEYED TO CR3647PK:DOC -3- PC99-118 CALIFORNIA DRIVE-IN THEATERS, INC., BY DEED RECORDED APRIL 22, 1941 IN BOOK 1089, PAGE 380 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COU'NTY` RECORDER OF SAID ORANGE COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID LANG CONVEYED TO THE STATE OF CALIFORNIA BY THAT FINAL ORDER OF CONDEMNATION RECORDED JUNE 5, 1998, AS INSTRUMENT NO. 19980352437, OF OFFICIAL RECORDS. AND THAT PORTION OF LOT 2 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: , BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF SAID TRACT NO. 71, SAID SOUTHWEST CORNER ALSO BEING THE EAST QUARTER SECTION CORNER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF SAID MISCELLANEOUS MAPS, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3, NORTH 89° 59' 00" EAST 275.00 FEET; THENCE SOUTH 0" 01' 00" EAST 280.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 8° 01' 00" EAST 287.04 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 567:04 FEET OF SAID LOT 2; THENCE SOUTHERLY ALONG SAID SOUTHERLY LINE TO THE CENTERLINE OF STATE COLLEGE BOULEVARD, FORMERLY PLACENTIA AVENUE, AS DESCRIBED IN DEED TO THE COUNTY OF ORANGE, RECORDED MARCH 22,.1920 IN BOOK 350, PAGE 19 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG SAID CENTERLINE TO A LINE THAT IS PARALLEL WITH NORTHERLY LINE OF SAID LOT 2 AND PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO THE TRUE POINT OF BEGINNING: EXCEPTING THEREFROM THE EAST 50.00 FEET. ALSO EXCEPT THAT PORTION THEREOF SET FORTH IN THE FINAL ORDER OF CONDEMNATION IN FAVOR OF THE STATE OF CALIFORNIA, RECORDED APRIL 30, 1998 AS INSTRUMENT NO. 19980262502, OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 1999 at 1:30 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 Cade, Ghapter 18.03, 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 Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports ofrered at said hearing., does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.020 to establish an outdoor swap meet facility with waiver of the following: Sections 18.04.060.050 Required oarkino lot landscapino. 18.06.030.040 (1 tree in minimum 48 square foot planter with minimum and 18.61.066.030 5-foot dimension between every 10 parkino spaces spaces required; none proposed) CR3647PK.DOC -4- PC99-118 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 4. That the traffic generated by the proposed use will not impose an uhdue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting of this conditional use permit under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish an outdoor swap meet facility with waiver of required parking lot landscaping on a 8.48-acre, irregularly-shaped, parcel of land having frontages of 635 feet on the east side of State College Boulevard and 50 feet on the south side of Orangewood Avenue, a maximum depth of 805 feet and being located 280 feet south of the centerline of Orangewood Avenue (2150 South State College Boulevard -former Orange Drive-in Theater and Swap Meet); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Gity Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this permit shall expire two (2) years from the date of this resolution, on June 21, 2001. 2. That one (1) week after this swap meet opens, Condition of Approval No. 32 of Resolution No. 98R-66 (Conditional Use Permit No. 3994 for the swap meet facility at 1500 North Lemon SVeet) shalt be modified or deleted or the swap meet use at 1500 North Lemon Street shall be discontinued and Conditional Use Permit No. 3994 shall be terminated. 3. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be determined as the electrical design is completed. 4. That any required relocation of City electrical facilities shall be at the developer's expense. 5. That the applicant shall comply with all conditions imposed on this project by the City of Orange regarding traffic mitigation. 6. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos.. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. CR3647PK.DOC -5- PC99-118 That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on rile with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. -The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or, tall shrubbery. Said information shall be specifically shown on the plans submitted for review and approval by the Streets and Sanitation Division. 8. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the, Streets and Sanitation Division for review and approval. 9. That an on-site trash truck tum-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the Streets and Sanitation Division. Said tum-around area shall be specifically shown on plans submitted for Public Works Department approval. 10. That the property owner or swap meet operator shall pay an annual fee for Police Department detectives to monitor the activities of the sellers and patrons within the City of Anaheim portion of this property. The number of detectives, hours of monitoring and annual fee costs shall be determined by the Burglary Detail of the Anaheim Police Department. 11. That the developer shall construct street improvements along State College Boulevard, fronting this property, to conform with the Anaheim Stadium Area Master Land Use Plan and as approved by the City Engineer. The developer shall submit street plans to the Public Works Department, Development Services Division, shall submit parkway landscape and irrigaticn plans to the Community Services Department, Parks Division, 12. That no signage and no Special Event Permits shall be permitted within the City of Anaheim portion of this property. 13. That the sale and consumption of alcoholic beverages shall not be permitted on the City of Anaheim portion of this property. 14. That the parking lot serving the premises 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. Said lighting shall not exceed twelve (12) feet in height and shall be directed, positioned and shielded in such a manner so as not to unreasonable illuminate the window areas of adjacent land uses. Plans specifying this information shall be submitted to the Zoning Division for review and approval 15. That trees shall not be unreasonably trimmed to allow increased visibility of the swap meet facility. 16. That no amplified (i.e., loud speakers) music or entertainment shall be permitted on the premises; and that noise levels shall comply with Code requirements. 17. That all vendors shall comply with California State law regarding the sale of aerosol spray paint The property owner shall be responsible for compliance with this condition. 18. That no required parking .area shall be fenced or otherwise enclosed for outdoor storage or other outdoor uses. CR3647PK.DOC -6- PC99-118 19. That the hours of operation shall be limited to 6 a.m. to 6 p.m. on Saturdays and Sundays, the day after Thanksgiving and during the week before Christmas, with customer hours ending at 4 p.m. and trash clean-up and vendor display/vehicle removal concluded by 6 p.m., as stipulated to by the petitioner. „ 20. That detailed landscape plans showing conformance with all Code requirements shall be submitted to the Zoning Division for the review and approval by the Planning Commission as a "Reports and Recommendations" item. 21. That irrigation plans shall be submitted to the Building Division. 22. That no loading/unloading what-so-ever shall be permitted on Orangewood Avehue or State College Boulevard. 23. That detailed fencing plans showing conformance with all Code requirements shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. The existing corrugated metal fencing shall be repaired, painted in a uniform color and landscaped where possible. No signage shall be permitted on any fencing. 24. That the owner of this property shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 4036 (to permit an automotive sales lot with accessory service/repair facilities and two 10 foot high, 150 square foot monument signs and withwaiver of required parking lot landscaping, permitted location of freestanding signs, maximum sign width and minimum sight distance requirements); Conditional Use Permit No. 3842 (to establish swap meet operations on the City of Anaheim portion of the Orange Drive-In Theater); Variance No. 4158 (to waive required lot frontage in order tc establish a 2-lot commercialloffice subdivision); Conditional Use Permit No. 3106 (to permit and govern the construction of one 18-story. commercial office building and parking structure in Anaheim and two 10-story and two 1 B-story buildings in Orange); and Conditional Use Perrnit No 1144 (to establish adrive-in theater to be used periodically as a swap meet facility with waiver of maximum fence height, building setback, maximum number of freestanding signs; minimum distance between freestanding signs, maximum sign area and permitted location of freestanding signs). 25. That this use permit is granted subject to the adoption of Conditional Use Permit No. 2290-99, now pending, by the Ciry Council of the City of Orange; and that any changes, revisions, modifications, etc., to said use permit shall necessitate additional action by the Anaheim Planning Commission or City Council; as determined to be necessary by the P,naheim Planning Department. Conditional Use Permit No. 4125 (subject conditional use permit) shall be contingent upon compliance with all conditions of approval of Conditional Use Permit No. 2290- 99. 26. That if any of the conditions of approval of this conditional use permit (such as required trash enclosures) are provided entirely on the portion of this facility located within the City of Orange and that plans. are submitted to and approved by the City of Orange showing those improvements, a copy of those approved plans shall be submitted to the City of Anaheim Zoning Division and filed with this petition (Conditional Use Perrnit No. 4124). Said approved plans will satisfy the applicable conditions in this use permit. 27. That the developer shall be responsible for compliance and any direct costs associated with the. conditions of approval imposed by the City of Orange and the City of Anaheim 28. That the business operator shall pay for a fee for each individual vendor located within the City of Anaheim on a monthly basis as determined by the City of Anaheim Business License Division of the Finance Department. CR3647PK.DOC -7- PC99-118 29. That the vendor sales area is subject to Fire Code requirements which pertain to access lane widths and minimum spacing between canopies. Approval of this conditional use permit does not guarantee a minimum number of vendors. Fire Code requirements may reduce the number below that shown on the approved site plan (Exhibit No. 1). A detailed plan of the vendor area shall be prepared by the applicant and submitted to the Fire Department for review and,approval. 30. That all gates on State College Boulevard shall be open at all times when the property is occupied and shall be closed when the premises are vacated. The gate on Orangewood Avenue shall be open only for vendor use and shall be closed at all other times when not in use by vendors. 31. That the property owner shall reconstruct the raised median on State College Boulevard, north of the project driveway to provide for two (2) southbound left-tum lanes as identified in the parking/traffic study. Alternatively, the property owner can provide for controller and cabinet upgrades at the intersections of State College Boulevard and Orangewood Avenue, State College Boulevard and the project driveway, and two CALTRANS ramp signals to the south. 32. That subject 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; and as conditioned herein. 33. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 20, 21, 23, 24, 25, 27, 28, 29, 30, 31 and 32 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Sectiqn 18.03.090 of the Anaheim .Municipal Code. 34. 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. 35. That the use of over-head power tines shall be prohibited. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 21, 1999. :._ _. .... ~ ._. .. .- -- - -.. ... _.._,..i CHAIRPERSON, ANAHEIM CITY PLANNING COMM ATTEST: e~^ , __. _ ~- _ .._ __ i~2 JCICfIA~ ~. SECRETARY, ANAHEIM CITY PLANNING COMMISSION CR3647PK.DOC -8- PC99-118 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 June 21, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, KOOS, NAPOLES NOES: COMMISSIONERS: ESPING ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this day of 1999. =J o_.: SECRETARY, ANAHEIM CITY PLANNING COMMISSION CR3647PK.DOC -9- PC99-118 ®e _®_ _ ~~ _ .® SP 94-1 ' RCL 7D-71-47 (14) I .RCL 70-71-46 I CUP 1856 CUP 1511 CUP 1510 IND. FIRM 1 SP 94-1 RCL 70-71-47 ~~ SP 94-1 (Res. of Int. to ML) ~~~ RCL 70-71-47 RCL 70-71-46 i- m"'~ (Res. of Int. to ML) IND. FIRM I~ ~°d RCL 70-71-46 IN ~Z IND. FIRM ® ~-/I(- ~ E~/- 254' ~b SP 94-1 I RCL 70-71-47 i (Res. of In[. to ML) i RCL 70-71-46 CUP 2003-04670 IND. FIRM SP 94-1 I CUP 2334 RCL 70-71-47 (28) C.A.D. E. H- ° W W~ Z z O J SP 94-1 > ~ SMALL IND. z FIRMS SP 94 ~ W CUP 2233 LL U RCL 6162 69 (25) RcL s1-62-6s tat ~ w VAR 4120 INO?FIRM BIO RAD MIRALOMA AVENUE -- co on_~ PLACENTIA CITY LIMI7 ANAHEIM CITY LIMTS SP 94-1 RCL 65-66-24 (12) SP 94-1 RCL 65-66-24 (12) 65-6fi-13 IND. FIRM °~' ~N P ~ Conditional Use Permit No. 2003-04670 Subject Property Date: March 24, 2003 Scale: 1" = 200' Requested By: JAMES E. STEPHENSON AND RYAN VANDERHOOK Q.S. No. 148 TO EXPAND AN EXISTING NON-CONFORMING CONTRACTOR/BUILDING MATERIALS STORAGE YARD WITH WAIVER OF MAXIMUM FENCE HEIGHT WITHIN THE REQUIRED FRONT YARD SETBACK. 1397 North Jefferson Street 675 Staff Report to the Planning Commission March 24, 2003 Item No. 4 `z 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motiori) 4b. i WAIVER OF CODEREQUIREMENT (Motion) 4c. CONDITIONAL USE'PERMIT N0. 2003-Q4670 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 1.25-acre property has a frontage of 258 feet on the west side of Jefferson Street, a maximum depth of 254 feet, and is located 750 feet north'of the certerline of Miraloma Avenue (1397 NortFi Jeffersoh Street). REQUEST: (2) The petitioner requests approval of a conditional use permit underauthority of Code Section Nos. 18.110.05010508, aril 18.110.050.0515, to expand ah existinghon- conforming contractprlbuilding materials storage yard with waiver of: SECTION NO. 18.04.043.101(a) and ' Maximum fence height within` 18!110.0501100.1001 required front yard setback (3 feet permitted; 6 feet'ezisting and` proposed) BACKGROUND: (3) The: property is currently'utilized as%a non-conforming outdoor storage/materials yard (for a fencing contractor) with a 2,000 square foot modular office building, three metal storage sheds with outdoor storage and gravel bunkers, and is zoned SP94-1, DA1 (NortheasYArea Specific Plan,ilndustrial'Area). The Anaheim+General Plan Land Use Element Map designates this site forGeneral Intlustrial land uses, (4) Surrounding land uses are as follows: Direction Land Use Zoning General Plan Desi nation: North, South, and Industrial Firms'and SP94-1, DA 1 ' Gene~af Industrial:: 'West Wholesale Auto'Auction East (across Jefferson': NIA City of Placentia City of Placentia Street DEVELOPMENTPROPOSAL' (5) The;petitionerproposes to expand an existing: non-conforming contractorlbuilding materials storage yard with the construction of a permanent 2,OOO;square foot office building and'a 5,000 square foot metal warehouse building. The existing fence contractor would utilize the office building,for administrative purposes and the metal warehouse building for light manufacturing and assembly, as well as the storage of materials used in this`process. The site would also be used for the outdoor'storage (approximately 7,500 square feet pf outdoor area) of vehicles, gravel bunker's, and two concrete mixers (botching towers) used in the business operation. (6) The petitioner proposes to remove'an existing modular office building and three storage: buildings (ofboth wood and metal'construction totaling 2,600 square feet), install a paved parking area and landscaping, and relocate the existing' forage bunkers ono' 6-foot high, solid white vinyl fence. The proposal also includes the installation of vinyl slats within existing and proposed chain link fencing, and the removal'of an unpermitted banner sign within the easement area along the: north side of the property thafadvertises an off-sitebusiness.'' sr5001jcdoc Page 1 Staff Report to the Planning Commission March(24, 2003 Item No. 4 (7) `; The site plan (Exhibit Na. 1)'indicates the following site characteristics: Direction: , Proposeii.Setback. ' ,. Proposed Setback ~ ~ ~ ' Proposetl .. ,Required :Setback & - " Complies f (Office Building) (Warehouse Building) Landsca in Landscaping , with Cade North 219 feet 3!feet 'None None Yes South 8 inches 3'feet 'None :None Yes East 75 feet 175 feet , 2 inches a 10 feet fully ! Minimum'of 65 feet !' Yes* e (abutting: landscaped with 1' adjacent to arterial, 1b Jefferson tree/20 feet of I feet fully landscaped' Street)'.'. frontage, 3-foot with 1 tree/20 feet of` high shrub screen; frontage!3-foot high 2 trees within shrub screen, 1 tree/4` setback area and 'parking stalls and 1 11 trees total tree/2300 s.f. of parking area West 93 feet; 2 inches 3 feet 5 feet along None Yes northerly 150 feet of roe line *Complies with Gode as conditioned r! (6) The floor plan and elevations for the office building (Exhibit No. 2) indicate a 2,000 square-` foot, 16-foot high'1-story office building.. The interior floor plan indicates that the building would consist of a lobby, executive office, iwo large generalidffice areas, two employee restrodms, and a break areawith a sink. The elevations show that the: building would be i constructed of concrete masonry unit (CMU) block with stucco finish and mission the roof. The applicant did not submitfloor plans or elevation drawings of the proposed 5;000 square foot metal building. The applicant indicated to staff that this 1-story metal warehouse building'would be'24 feet in height, and have no interior partition walls dividing the building i space''City Council Policy No. 526 requires that metal buildings constructed within industrial zones where visible from the: public street be designed, constructed and finished to minimize the visual impact of this type of construction on he public Yight-of-way. This Council'Policy further states'that all metal buildings, which meet the Uniform Building Code; maybe allowed where completely screened from'public view. (9) The site. plan also indicates a 20-foot wide access easement along the' north portion of the site, which provides vehicular access to the contiguous property directly to the west from ' ' Jefferson Street. The plan further indicates a total of 19 parking spaces available on-site. Code requires a minimum of 17 parking spaces based on the following: Use ':'Area S bare Feet '.Code-Required Parkin .Ratio Required Number. of S aces Office 1;300 s.f. 4.0 aces er.1,000 s.f. <- 5.2 Office 700 s.f. (10% gross area 1.55spaces per 1,000 s.f.: r 1.1 Indoor Stora a 5,000 s.f. 1.55 aces er 1,000 s.f. >7.75 Outdoor;Stora e ! 7;500 s.f. 1 s ace err2;500 s.f. ; 3 Total 17 spaces r? Staff Report to the Planning Commission March 24, 2003 Item No. 4 ~ ~> ~ N ~ r~~ ~. 'C sr c?'+" T s ~ z ? r rf r :e,..?~ ,~ *v ,~~,~„~-' , ._ ~ ~e >~ `j` .,o-a ~`.fi / s rs, f 7d'`~ ~ r. raa-~,r ~,~' k„rs-.r' 4.3r ~~^-`~~~~`' eS~ } ~r "~-` 1.. r` ;~ '~ J ` 'i ~s ~S ,r ~ 1'.-.~'t"~'r.;5~ ~'irc ~'? ~,r s .~r: tr 4A `s r~ '` s`=~.~`r.,:-~.rr e /t .. ~ 'si ~~~G ,~ is ... / r r' " ,.~ r { 3 "sK r 1 ? n`X` `'~q y f Sk.' y Yf F ~ J y t ~ / i ~ Y,h~ J. t f rr q~ 1 < ~F~ ~ ~.~.~~~.,~~~c c n -tom-9st "~ ~t'i~d; i f ~, ~. ~"!tY a $- z-~+-y'~~~^"F'o-.'.~i~ , ~~ '. i ~'j. .' .s~~~. e ~, t '. 1 = ,Gs' ~ r !ry View of site from Jefferson Street (10) 7he'site plan shows a proposed 10-foot wide landscaped setback area along(Jefferson Street with eleven (11).24-inch box sized trees and a 3-foot high; sfirub screen wall. The plan also shows a 6-foot high vinyl fence along the rear of the setback area dividing thee: parking lot and setback area. On-site landscaping includes two landscaped`fingers within proposed parking areas (with a 24-inch box sized tree in'each planter), planter areas along the north (5-foot wide) and east (2-foot wide)ielevations!of the proposed office building; and a 5-foot wide landscaped planter along the northerly 150'feet of the west property line containing seven (7) 24-inch box sized trees. `The site plan also indicates vines to be planted on theieast elevation of theiproposed trash enclosure to be constructed on site;: There is no indication what type of trees or planting materials are proposed. Gode would require a minimum of 1 tree per 20 feet of street frontage for a total of thirteen (13) trees to be planted adjacent to the east preperty line (256 feet ofistreet frontage). Gode also requires 1 tree for every 4 parkingspaces and 1 tree for'.every 2,3Q0 square feet of parking area (excluding the first 10 feet of setback area) for a total of 10 trees required within the parking area Code requires that outdoor storage areas be screened from view such thak the'outdoor storage does not exceed the height of the perimeter screening. (1,1) Submitted photographs and staff inspections reveal that the site is enclosed with chain oink fencing and razor wire along the Korth, south and east propertylines, and a concrete block wall along the west property line. £ode prohibits the use: of razor wire when 'visible to public right-of-way and requires that all chairrlink fencing utilized irf the screening of outdoor usesinclude vinyl slats. (12) No sign plans were submitted with this application, and the petitioner states that no signs are proposed in connection with this request.-Currently; there is one unpermitted banner sign for an adjacent business located off-site;'as well as`one approzimately;l2-foot high. freestanding: sign and artf address sign located along the east property line advertising this facility to the public. Staff did not fihd any permits related to on-site signage.; Code permits a single 8-foot high by10-foot wide monument sign witFi a maximum sign area of 65 square feeFperface.` Pape 3 ® _ - - _ ~ - - ®- I StaffReport to the Planning Commission March 24, 2003 I tem No. 4 (13) The submitted letter of operation indicates the fencing business would continue to operate` Monday through Friday, from 8 a.m. to 5 p.m., aril Saturday from 8 am. to 2 p:m., with 12 employees. The letter further indicates the business consists of light manufacturing and fabricating of vinyl material for fence contractors for off-sitei installation and distribution, as well as'the storage of PVC fencing materials. ENVIRONMENTAL IMPACT ANALYSIS: (14) The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. GROWTH MANAGEMENT ELEMENT ANALYSIS: (15) The proposed project has been reviewed by affected City departments to determine whether it conforms to the City's Growth Management Element adopted by the City Council on March 17, 1992. Based on City staff review of the proposed project, it has tieen determined that this project does noffit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has tieen performed. EVALUATION: (16) Outdoor contractor/building materials storage yartls are permitted in the SP 94-1; DA 1, zone subject to the approvalof a conditional use permit. (17) The petitioner's proposal is consistent with the development standards of the untlerlying zone with the exception of the proposetl waiver,'tfie minimal' interior parking lot ; landscaping, and razor wire security fencing located on site: Staff has`included a condition of approval requiring the addition of landscaped fingers within the parking area and the addition often (1b) 24-inch box evergreen trees in compliance with Code. Staff fias also i included conditions of approval to ensure the sitedesign is`consistent with the current requirements set'forth in the!Zoning Code as it relates to fencing materials and signage. These items include the removal of all'razor wire;,the removal of the tianner advertising an off-site'use and the unpermitted woodsign, and3fie removal of the canister/drum located at the southeast corner of the property, which has the site address painted on eadh'side. Tfie petitioner may request a new monument sign in compliance with Code'standards. Because the proposed metal building would belocated 175 feet from the putilic street behind the proposed 6-foot high solid vinyl fence ahd proposed officebuilding, staff has concluded the' building construction is not subject to the design and finishing requirements indicated in Council Policy No.'526. Because elevations for the metaltiuilding were not submitted, staff has included a condition of approval requiring staff approval`of final elevation plans. (18) Staff believes that the proposed expansion of this' existing business is consistent with the goals and objectives of theNortheastArea Specific Plan and the underlying General Plan Designation. The'continued operatiomand expansion of this business would further enhance the range of services and commercial support facilities for which the Northeast Area is' intended. Additionally, the imprdvements would protect and enhance the;integrity ; and desirability of,the site and surrounding area: by improving the aesthetic appeal of this c portion'df Jefferson Street (19) The requested waiver pertains to maximum fence height within the required fronf yard setback: Code limits the height of any fence located within the required front yard setback to 3 feet and further prohibits any fence within the front 10 feet of the setback area abutting the street. Plans indicate an existing 6-foot hign olid white vinyl fence located 10 feet behind he ultimate right-of-way along Jefferson Street where a maximum of 3 feet is Page 4 Staff Report o the .Planning Commission March 24, 2003 Item No. 4 allowed by Code. To construct a 6` foot high fence, a setback of 65 feet from the east property Tine would be required. Tfie intenfof this section, requiring a greater setback from arrarterial highway, is to insure that industriafidevelopmentenhances the aesthetic appeal of the City's .industrial areas. (20) The petitioner has submitted the attached statement ofjustificatipr, indicating that many properties in the vicinity have fences of this height in the setback area and that not approving this waiver would deprive the property owner of privileges enjoyed by surrounding properties.: A survey by staff of the industrial properties to the rorth and south of the subjectproperty oh the west'side of Jefferson Street indicate that all five of the ' properties from Miraloma Avenue,:horth to the City Limits, have fences in excess of 3 feet in height within this required front yard setback area. Staffs survey of adjacent and nearby properties indicates that the strictapplication of the Zoning Code in fact deprives this ' property of privileges ehjoyed by other properties under identical zoning classification iri the vicinity. (21) Additionally, this property is irregularly shaped and has an existing!20-foot wide access` easement, which runs along the north side of the property, reducing the amount of useable area for business operation and future growth. The setback area bf 65 feet is over a quarter pf the depth of the property: Typicalindustrial properties are usually much larger and deeper tfian this property, thus: not incurring any hardship as a result of this large `r setback requirement, The three properties to the north and the one propertyadjacent o the: south have approximately five times the depth and'five times or more,: the area of the subject property. Because of the'unusuallysmall size and irregular shape of the property, staff believes'special circumstances are applicable to the property, which do not apply to other identically zoned properties in the vicinity. Because the strict'applicatioh of the Code deprives the property ofa privilege;enjoyed by other industrial properties on3his block of Jefferson Street, and because this'site is irregular in shape and much smaller in land area compared to the other larger industrial properties surveyed in the`area, staff recommends approval of the requested waives ': FINDINGS: (22) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code; a modification maybe granted for the purpose of assuring that no property, because of special circumstances applicable to it, shalt be deprived of privileges commonly enjoyed by other properties in thesame vicinity and zone, The sole purpose of any or code waiver is to prevent discrimination and none shall be approved which would fiave the effect of granting a special privilege not shared byother similar properties. Therefore, before. any or code waiver is granted by the: Planning Commission; it shall beshown: (a) ; That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings; which do'not applyto other identically zoned properties in the'vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by otfier properties under identical zoning classification in the vicinity;; (23) Before the Planning Commission grants any conditional'use permit, it must make a finding of fact that the evidence presented'shows that all of the following conditidhs exist: (a) That the proposed use is properly one for which a conditiohal use permit is authorized by the Zoning Code, or tfiat said use is not listed therein'as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and devetopmenfof the area in which if is proposed to be located; Pape 5 e _ _ _ .~ d _ -° _ _ ~ I Staff Report to the Plannirg Commission March'24, 2003` Item No. 4 (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed Use in a manner not detrimental to the particular area: nor to the peace, health, safety, and general welfare;: (d) That the traffic generated by the: proposed((use will not impose an undue burden ".upon the streets and highways designed and improved to carry he traffic'in the :area; and (e) That the granting of the conditicnal use permit underthe conditions imposed, if any; .will not be detrimental to the peace, health; safety antl general'welfare of the oitizens ofahe City of Anaheim. RECOMMENDATION: (24) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon,the evidence ubmittetlao the Commission;'including the evidence presented in this staff report; and oral and written evidence presented'at the public hearing, the Commission take the following actions: : (a) By motion„determine that the project is Categorically. Exempt under Section 15301; Class 1,(Ezisting Facilities) ofahe CEQA Guidelines. (b) By motion,'aoprove the requested waiver pertaining to maximum fence height within' the required front yard setback based on the following; '(i) That there are special circumstances related to this property, because the three properties to the north and the one property adjacent to the south have approximately five times the depth and five times or more, the area. df this property. Because of the unusually small size and irregular shape of the subjecfproperty, staff maintains that special circumstances are applicable to this property, which'do not apply to other identically'zoned properties in the vicinity. (ii) That the strict application of the Code deprives the property owner the privileges enjoyed by other industrial properties as indicated in'a'survey conducted,by staff of the industrial properties to the north and south of the< subject property on the' west sidebf Jefferson Street. i All five of the propertiesfrom Miraloma Avenue north to'tfie City Limits haveaences in excess of 3' feet in height within this required front yard setback area. Staffs survey indicates that the strict application of the Zoning Code in fact deprives this property,of privileges enjoyed. by other properties Under identical zoning classification in the vicinity.:: (c) By resolution, a rove Conditioral Use Permit No. 2003-04670 (to expand an 'existing non-conforming contractor/building materials'storage yard) based on the :.following: (i) That the proposed outdoor contractor/ building material`storageyord is properly one for which a conditional use permit is authorized by tfie Zoning J, Code and as'condition herein, complies withal) the requirements set forth in' the Zoning.Code. (ii) That the proposed outdoor contractor/ building materiaC torage yard would i noY adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the Page 6 m _ ~ ~. _ . ~. _ _ _ m Staff Report to the Planning Cbmmission March 24;:2003 Item No. 4 proposal includes'site screening and landscaping?equirements consistent with the Zoning,Gode. (iii) That the'size, shape and topography of the site forthe proposed outdoor contractor! building material storage yard is adequate to allow the full development of the proposed use since the proposal meet5all the minimum development standards set forth within3he Zoning. Code, with the exception of the waiver, and: therefore would not have a negative impact on the r particular area's peace, health, safety,'and genecatwelfare. (iv) That the; granting of Conditional Use Permit No. 2003-04670; as conditioned herein, would notbe detrimental to the peace, health, safetyrand general welfare of the citizens of tfte City of Anaheim. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS AGTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE' RECOMMENDED FOR ADOPTION BY THE , PLANNING'-COMMISSIONsIN THE EVENT THIS PERMIT.IS'APPROVED. L That prior to the operation of this business, a valid business license shall be obtained from the City of Anaheim, Business License Division of the Planning Department. 2. .That a plan shall be submitted to the Police Department, Community Services Division, for review :and approval showing 4-foot high address numbers displayed; on the roofbf the office building in a :contrasting color to the roof material. The numbers: shall not tie visible from the view of the street or adjacent properties. 3. :That the applicant or legal property owner shall complete Burglary/Alarm permit application, Form APD 516„available at the Police Department front counter. 4. That no outdoor work on vehicles or vehicular parts shall be permitted. 5, That a lantlscape and irrigation'plan shall be submitted to the Zoning Division for review and .approval .:Any decision made y the Zoning Division'regarding said plari'may be appealed to the Planning Commission and/or City Council: Once approved,;said landscaping shalt-tie installed and maintained in accordance with saidrplan. Theplan shall indicate thirteen (13) trees in the landscape;setback adjacent to Jefferson Street, ten (10) trees'v/ithin the parking area and one (1) 'tree separating every ten parking spaces:'. All treesshall be minimum 24-inch box in size. 6. That the property shall be permanently maintained in an orderly fashion by providing regular `landscape maintenance, removal of trasfi or debris;: and removal of graffiti within twenty-four (24) hours from time of dccurrence.- 7. :That the razor wire, container drum and unpermitted?signage (tianner and freestanding wood: sign) shall be removed. 8. That final elevation plans for the metal building shall be submitted to the Zoning Division for review and approval to ensure there would be no negative impact on the public street. Any decision. by `the Zoning Division may be appealed to the Planning Commission as a Reports and " Recommendations'1tem. 9, That the outdoor storage of materials and equipment shall not exceed the height of the perimeter fencing and shall not be visible to any adjacent putilic right-of-way. 10. That plans. shall be submitted to the City Traffic and Transportation Manager for his Yeview and approval showing conformande with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and d~ivewaylocations. Subject property shall thereupon be developed and maintained in conformance with said plans:6 Page 7 Staff Report to the Planning Commission Marcfi 24, 2003 Item. No. 4 11. That the driveways on Jefferson Street shall be constructed to accommodate ten (10) foot radius curb returns in conformance with Engineeririgpepartment Standard No. 137: Said information shall be specifically shown on plans submitted for building permits.!: 12. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No 610fand shown on plans'as requiretl by the Departmenfof Public Works, Street Sweeping and Sanitation Division. Said'informatidfi shall bespecifically shown on plans submitted for building permits. 13. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and'in accordance with approved plans on filer. with said Department..Said storage areas sfiall be designed, located and screened so as not lobe readily identifiable from adjacent streets or fiigfiways. if visible off-site, the walls of the storage areas shall beprotected from graffiti opportunities by the: use of plant materials such as minimum 1-gallon size clinging vines planted'on maximum 3-foot centers ortall shrubbery. Said'ififormatiori shall be specifically shown on the plans submitted for Zoning Division and Streets and Sanitation Division approval. 14. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted: to the Public Works Department, Sheets and Sanitation!Division for review and approval. 15. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance td!the Public`Works Department,`bevelopment Services Division: A Certificate of Compliance of Conditiortal Certificate of Compliance shall be approved by the. City Engineer and recorded in the Office of the Orange CounryRecorder prior to issuance of a building permit. 16. Thaf vinyl slats shall be installed and maintained within existing and proposed"chain link fencing located on the property. Said information sfiall be clearly shown on'the plansisubmitted for building permits. 17. Thafany slgnage proposed for subject property shall be subject to'Zoning Division staff;approval. The`decision of the Zonirtg Division hall be appealable to the Planning Commission and City Council. 18. Thaf since the project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be'installed'and comply with City OrdinancelNo. 5349 ahd Chapter 10.19 df the Anaheim Municipal Code: Said infd~mation sfiall be shown on plans submitted for building permits. 19. Thafsubject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by he petitioner and which plans are on file with the Planning Department marked Ezfiibit Nos. 1'and 2, and'as conditioned herein. 20. Thaf prior to issuance of a building permit, or within a period of one. (1) year from the date of this resolution, wfiichever occurs first,;Condition Nos. 2, 3, 5 8, 10, 11,.:12, 13, 14 15, 17 and 18, above-mentioned, shall tie complied with. Extensions for further time to complete said conditions may be granted in accordance with' Section 16'03.090 ofthe Anaheim Municipal Code. i 21. Thaf prior to final building'and zoning inspections, Condition No. 19'above-mentioned, shall be complied with. 22. That approval of this application constitutes approval of the proposed request only to the extent that it complieswith the Anaheim Municipal Zoning Code' and any other applicable City,' State and Federal regulations. Approval does hot inclutle any action or findings as to compliance or approval of the' request regarding any other applicable ordinance, tegulation'or requirement. Pa4e 8 1 ATTACNP.IENT - ITEM N0, 4 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAVER) REQUEST FOR WAIVER OF CODE SECTION: ~ ~ h~i ~ 0 4 3.1 o I . (n7 (A separate statement is required for each Code waiver) PERTAINING TO: CDC~Tib,O y.~ ~ry.,~, /o - /~e,~,.l-•l-lf~- l~'~.~r ~~~..fs 1,1.~e Sections 18.03.040:030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regazding the property for which a variance is sough[, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? _ Yes ~ No. If your answer is "Yes," describe the specia( circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? ~ Yes _ No If your answer is "yes," describe how the property is different: !11¢.iiV /~ti',~-•-ti~i cI ~~ si"~'T y ~--c /-t~2~!'~i v~t. GI~U~ 6 i.~Gr i y C.~~ / ,~ !ltJ-/'i2 imp ~lF~- 3. Do the special circumstances applicable to theyproperty deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _ es No If your answer if "yes," describe the special circumstances: ~,XLL/`4 ~~:('vul /J DulrJ 3 J~-c:~..t ~y o~ct•vG~. ro.c T<f-~- ^- ' i ~f-z'/t i~11 r~ N~~r G nine-..-.~..r~ / t G rNri3 ~r ra i'U.e.~ w,y~4l v .~ o~ '~ G CN'o•l d,r. r~ 5,,,,x,5 ~-~-~a-~+7'~-J . 4. Were thefspecial circumstaiices created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No EXPLAIN ow.v t,, tQ'lu..,.-Lf L'~i1 ~ / B"w~*- 77f-r'~~ ~ a..~ ~l. ~.-~b.V I The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances aze no[ pemutted. ~` S' afore of Property Owner or Authorized Agent Date DECEMBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. _ _ _ _ ._o _ mJ _ ... I ItM NU. RCL 6667-21 CL RCL 59410-36 RCL 98-99-12 CUP 3167 RCL 55-56-37 CUP 174 CUP 2705 VAR 3573 FURNITURE VAR 2162 5 STORE VAR 1919 5 SHOPPING RS-A-03,000 CENTER RCL 82-83-28 CL RCL 63-64-35 ~ RCL 66.67.53 s. of Int. to RM-t20D) RCL 59-6036 CUP 371] CL RCL 98.99-12 CUP 149fi ~~m. CUP 477 U CUP 3161 RCL 55-56-37 ~~ CUP 2440 CUP 3006 ~Q VAR 4109 CUP 2705 U> VAR 1053 5.5. 8 ~ GPA 369 FOOD MART DRIVE-.IN REST. LINCOLN AVENUE ~ z6o • ~-{ CL GN RCL 62-63-fi4 RCL 91-92-14 fi3-64 55.56-40 {Res56f Int. to CL) ''~-22 CUP fi07 CL CL 56 5610 ~ 1 9 256 V-192fi - SS56-00 VAR 4 5 ~z ^ SHOPPING V-1139 o ~ OC USE PERMIT ma ~~ CENTER 55-56-00 PEP 90Y5 ~ Q NO 7512 ~ r?rc OA515 w 55.8 CONV. a N MOTEL ~ W MARKET ? ~ J ~ CH ~ ~ RCL 91-92-14 ~<'u RCL 9D-91-7 m (Res. of Int. tG CL) y _ "' o CUP 2003 04667 = 56-57-22 CUP 776 z ~ o VAR 4151 ~ T-CUP 2001-04328 Rs-A-03,000 (MHP) () CAR WASH a m r RM-1200 CUP 2DD2-04645 RCL 82-83-28 Q ¢ RCL 62-63-64 CUP 4054 CUP 4041 RGL 62-63-108 LL 55-5610 CUP 3650 (Res. of Intent to RM-1200) 07 (Res. of Intent to CL) v-3455 55-56-40 -CUP 607 BEACH AT LINCOLN (rtes. of InlenCta CL) CUP 767 CH RCL 91-92-14 V-1926 SHOPPING CENTER PACIFIC SUNSET (Res. of 7n1. la CL ) 116 DU MOBILEHOME 56.57-22 ESTATES VAR 41St ~ RS-A-43;000 MHP ( ) AMERICANA p RCL 82-83-28 MOTEL RCL 62-63-108 RS-A-43,000 (Res. of Intent tG RM-1200). w 5-56-40 RCL 80-61-23 5 0 ) (Res. o Intent to CL) (Res. pf Intent to CL) . CUP 767 I RCL 64-65-68 CL MOBILE HOME (Res. of Int. io CH) RCL 87-88-5 7 PARK 55-56-40 CUP 3960 (Res. of Intent to CL) CUP 3006 _ CUP 2170 VACANT ~ Conditional Use Permit No. 2003-04667 Subject Property Date: March 24, 2003 Scale: 1" = 200' Requested By: MICHAEL BAGGULEY O.S. No. 9 TO PERMIT AND RETAIN THE RETAIL SALES OF BEER AND WINE FOR ON-PREMISES CONSUMPTION AND AN AMUSEMENT ARCADE WITH UP TO SIXTEEN (16) AMUSEMENT DEVICES WITHIN AN EXISTING RESTAURANT. 3010 West Lincoln Avenue - Nurnero Uno Pizzeria w O x 5 A D 616 I I I RM-1090 RCL 97-98-15 CUP 4009 VACANT CL 61-fit-12 COP 4929 CUP 3662 CUP 13]2 V4534 V-1412 PCN 96-03 BEACH-LINCOLN PLAZA >,1 a Staff Report to the Planning Cbmmissioh March 24;.2003 Item No. 5 5a. CEQA CATEGORICAL EXEMPTION-CLASS 1 (Motion) 5b. CONDITIONAL`USEPERMITNO:2003-D4667 (Resolution) 'SITE LOCATION AND DESCRIPTION: '' (1) This rectangularly-shaped, 1.58-acre property is located at the southwest corner of Lihcoln Avenue and Beach Boulevard, having frontages of260 feet on the south side of Lincoln Avenue and'260 feet on the west side of Beach Boulevard (3010 West Lincoln Avenue - Numero Uno'Pizzeria).j REQUEST: r (2) The petitioner requests'approval of a conditional use permit under the authority of Code 'Sections 18:44:050:010 and 18.44.050:025 tb permit arid retain the retail sales of beer and wine for on-premises consumption and an amusemenfarcade with up to sixteen (16);1 amusemenYdeviceswithin an existing restaurant. :BACKGROUND: (3) This propertyiis developed with a commercial center, is zoned CL'(Commercial, Limited), ahd is located in the West Anaheim Commercial Corridors Redevelopment Project Area. The Anaheim.: General Plan Land Use Element Map designates tFiis property for General Commercial land uses.'. (4) Surrounding' land uses are as follows: Direction Land Use Zoning 'General Plan Desi nation North: (across Lincblh Avenue) `- Fast food restaurant Commercial'center CL General Commercial + East (across Beach Boulevard) Service Station and '! Car Wash GH General Commercial :'South Mobilehome Park RS-A-43;000 MHP General Commercial :'West ;Auto Parts'Business ' CL General Commercial s PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 2002-04645 (to permit and retain a computer rental and internetamusement (arcade) business) was approved by ttie Planning Commission on January 13, 2003:'. (b) Conditional Use Permit No. 4054 (to permit five additional units [within the existing floor area] for a total of twelve units within an' 17,980 square foot commercial retail center) was approved by the Commission on`August 17,:1998. (c) Conditional Use Permit No. 4041 (to permit the retail sales of beer and wine for on- premises consumption and an amusement arcade with up to'16 amusement devices within an`existing 4;800 square foot restaurant- Numero Uno Pizzeria)was approved by the Commission on July 6' 1998, fog a periodcf one year to expire July 6, 1999: On December 6, 1999; the Commission reinstated this permit to expire on December 31, sr857fiav.doc Page 1 Staff.Report to the Planning Commission March 24, 2003> Item'No. 5 2001. This permit has exoired; however, the restaurant is currently ooerating with sales dfbeerarid wine and'ah amusement arcade. The request before the Commission today wduld permit the continued' ooeration bf the restaurant with beer and wine sales 'and the amusementarcade. (d) Conditional Use Permit No. 3650: (to permit the installation of automotive accessories; [stereos, cellular phones and alarms) in conjunction with a proposed retail establishment) was approved by the Commission on January 10,!1994. PROPOSAL: 'r (6) ? The petitioner proposes to permit and retain sales of beer and wine for on-premises consumption and an amusement arcade with sixteen (16);arcade games within'an existing 4,800 square foot restaurant. (7) The request to serve beer and wine and to permit an amusement arcade was originally approved at this location omJuly 6, 1998, for a period of one yeas 'On December 6, 1999j! the Commission reinstated this permit to expire on December 31, 2001. Since fihe reinstatement of the conditional use permit, the ~estauranf has changed ownership and apparently, the new owner was unaware of the time limitation imposed on the conditional use permit. This'expired conditional use permit was brought to staffsattention when research on the retail center was coritlucted to process the'entitlemerit for the Internet amusement arcade business approved under Conditional Use PermieNo. 2002-04645. (8) The site plan (Exhibit No. 1)' indicates en existing 13-unit commercial retail center. Vehicular access: is provided via single driveways on Lincoln Avenue'and Beach Boulevard. Plans indicate a total of':111 on-site parking spaces. This use requires 38.4 spaces (8`spaces per 1,00Osquare feet of floor area) and the combined uses in the retail center require 111 spaces' based on the following: Address - Use Square Footage Code-Required _, Parking `(Lincoln Avenue) (s:f.)' Parking Ratio .- Required Per 1,OOOs.f} '3000 f DonutSho 1000 5.5 " 6.5 =3002 Tax Service 600 4 2.4 3004 Pa da Loans 1250 S.5 '- 6.8 `3004 A ? Ci ar Sttd 590 :` J 5.5 3.2 3006 Dentisf 1160: 6 6.9 d >3008 r, Acu uncture 900 i 6 5.4 3008 A , Nait Salon 750 ' 5.5 4.1 Numero Uno 3010 Pizzeria 4800 8 38.4 Networks Ultra :3010 A X ress` 1080 5.5 5.9 Hong Kong 3012 Restaurant 1200 8 i 9.6 '.:3014 Pfioto Sho 1200: r 5.5 6.6 -3016 'Fantastic Sams 1200 '! 5.5 6.6 `:3020 `'AI & Ed'Auto 2500 '1;55, 3.5 5.5 9.7 >TOTAL 18,230 'P 111 *' Code requires different parking ratios faahowroom; installation and retail sales of auto >accessories ` Page 2 _ I Staff Report'to the Planning Commission, March 24;.2003 Item No. 5 (9) The floor plan (Exhibit Na 2) indicates the following layout:: Use Gross Floor Area s uare feet) Percentage IDihin 2,1:72 45%'I ..Kitchen 1';182 25%' :Game room` 1760 16%'' Karaoke 160 3% lobb and office >376 8% <Restrooms 150 3% Staff Report to the Planning Commission March 24, 2003 Item No. 5 GROWTH MANAGEMENT ELEMENT ANALYSIS: (13) The proposed project has been reviewed,by affected City departments to determine whether it conforms with the City's Growth Management Element adoptetl by the City Council on March 17,::1992. Based on City staff review of the proposed project, it has been determined hat this project does not fit within the scope necessary to require a Growth Management ':Element analysis, therefore, no analysis has been performed. EVALUATION: ': (14) The sales of beer and wine for on-premise consumption and an amusement device arcade aye permitted jn the CLZone subject to the approval ofa conditional use permit. (15) The petitioner is requesting a conditional use permitto retain the sales ofbeer and wine within an existing pizza restaurant and the sixteen (16) amusementarcade devices. The Anaheim Police Department has submitted a memorandum dated February 14, 2003 (attached), stating 'that this property is located within Reporting District No. 1715,;which has'a crime rate of 210 percent atiove the City average. There were 16 calls for service for this retail center from January, 2002 to January, 2003. Of these calls, only one report was taken regarding a `burglary. This property is also located within Census Tract No 669.02, which allows up to five (5) on-sale liquor licenses and currently three (3) exist. Although the crime rate within this ':reporting district is elevated, it is not directly attributed to this property as'evidenced by the calls 'for service`. The Police Department does'not oppose this request subject to compliance with the recommended conditions of approval: (16) :The petitioner has indicated that 70 percent of sales revenue is generatetl from pizza and that beer and wine is only served incidentallyto the service of food:. Staff feels that continued sales bf beer and wine would not have a negative impact on the surrounding area and has :recommended conditions of approval intended to protect the peace, health, safety,';and general welfare of the citizens of the City of Anaheim. (17) This property is located within the West Anaheim Commercial Corridors Redevelopment Project Area. The Community,Development Department staff has reviewed this request and 'concurs with staffs recommendation for approval FINDINGS: (16) l3efore the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following contlitions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized: by the Zoning Code, or that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the .'growth aril development of the!area in which it is proposed td tie located; (c) That the size and shape of the site for the.: proposed use is adequate to allow the full 'development of the proposed use in a manner not detrimental to the particular area' Thor to the'peace, health, safety, and general welfare; Page 4 Staff Report to the Planning Commission March 24'(2003 Item No. 5 (d) That the traffic generated by the proposed use will not impose an untlue burden: upon the streets and highways designed and improved to`carry the traffic in the area; and (e); That the granting, of the conditional use permit under the conditions imposed, if'any, will nbf be detrimental to the peace; health, safety and general welfare of the citizens of the: City of Anaheim. RECOMMENDATION:: (19) Staff recommends that, unless additional or contrary information is received during the hearing, and' based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commissidn take tfte following actions: (a) By motion, determine that the project is Categorically Exempt under Section 15301, Class 1; (Existing Facilities) of the CEQA' Guidelines. (b) By resolution, approve Conditional Use Permit No. 2003-04667 (to permit and retain the retail sales of beer and wine for on-premises consumption and an amusement arcade with up ta'sixteen (16) amusement devices within an existing restaurant)' based on the following: (i) That the continued sales of beer and wine for on-premises consumption in conjunction' with a restaurant and amusement arcade. is permitted in the CL Zone subject to the approval of a conditional use permit. (ii) That although the crime rate is elevated within this reporting district, it is not directly attributed to this property as evidenced by the calls for police service. (iii) That the granting of this conditional use permit, under the conditions imposed, would noEtie a detriment to the peace, Health, safety and general welfaro of the citizens! of Anaheim. (iv) That this property is mainly surrounded by commercial uses and the continued use of the'amusement arcade when operated as an accessory use to a restaurant,'and as conditioned herein, would not adversely affect the adjoining land uses,"nor hinder the growttr and development of the area r THE FOLLOWING CONDITIONS ARE'SUBMITTED BY VARIOUS CITY DEPARTMENTS' ACTING`AS AN INTERDEPARTMENTAL COMMITTEE AND ARE`RECOMMENDED FOR'ADOPTION BY THE - PLANNING COMMISSION IN THE EVENT THATTHIS CONDITIONALUSE PERMIT IS APPROVED. 1. That the maximum number of amusementdevices allowed shall be limited to sixteen (16) and 'further that the amusement devices are permitted only accessory to, and: in conjunction with the primary restaurant use. 2. That the hours of operation shall be limited to the following as stipulated by the petitioner: 11 am. to 90 p.m., Sunday through Thursday, and 11 a.m. to midnight, Friday and Saturday. 3. That the sale of beer and wine for consumption off the premises shall be prohibited. " Page 5 d. - - - _ m I Staff Repork to the Planning Commission March 24, 2003 Item No. 5 4. That the establishment shall be operated as a"Bona Fide Public Eating Place" as defined by Seckion 23038. of the California Business and Professions Code acid shall provide a menu containing an assortment of foods normally offered in such restaurant. 5. That there shall be no bar or lounge area upon the licensed premise maintained for the purpose of sales, service, or consumption of alcoholic beverages directly to patrons for oonsumptidn. 6. That there shall be no pool tables or amusement devices maintained upon the premises at any time unless the proper permits have been obtained from the, City of Anaheim. 7. That the grosssales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales during any three (3) month period:, The applicant shall'maintain records on`a quarterly: basis indicating the separate amounts of sales of alcoholic beverages and other items: These records shall tie made available for'inspection' by any City of Anaheim official'when requested. 8. That there shall be no live entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been'obtained from the: City of Anaheim. 9. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 10. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 11. Thatsubject alcoholic beverage license shall not be exchanged fora public premise (bar) type license nor shall the establishmentbe operated as a public premise as defined in Section 23039 of the Business'ahd Professions Cdtle. 12. That there shall be no admission fee or cover charge required, 13. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on orabout the': parking lot. Said lighting;shall be directed, positioned and shielded n such a manner sous not to unreasonably illuminated'thewlndows of nearby residences. Said information shall be pecifically( shown on plans submitted for Police Department, Community Services Division approval. 14. That the business operator shall comply with Section 24200.5 of the Business and Profession Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit- ' sharing plan, scheme or conspiracy. 15. That at all times that entertainment or dancing is permitted, security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conducf do the partof employees or patrons, arid promote the safe and orderly essemblyand movement of persons and vefiicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. Said entertainment shall not be permitted unless the'appropriate permits are obtained from the City of Anaheim.. 16. That all doors serving subject restaurant shall eonform to the requirements ofthe Uniform Fire Code and shall be kept closed at aA times during the operation of the premises except for ingress/egress; permit deliveries and in cases'of emergency. 17. Thafthere shall be no public telephones on the property that are located outside the building and within the control of the applicant 18. That any and all security officers provided shall comply with all State and Local ordinances regulating their services,';including,'without limitation, Chapter 11.5 of Divisiorr3 pf the'California Business and Profession Code. (Section 4.16:070 Anaheim Municipal Code):: 19. That the proposal shall comply with'all signing requiremehts of the CL Zone unless a variance allowing sign waivers is'approved by the Planning Commission. Page 6 Staff Report to the Planning Commission 'March 24,.2003 Item No. 5 20. That the Karaoke activity shall be limited td that area shown on`the submitted floor plan (Exhibit No. 2). 21. That trash'storage areas shall be provided and maintained in a ocation acceptable to the Public Works Department,,Streets and Sanitation Division and in accordance with approved plans on file with said Department: Said storage areas shall be designed; located and screened ao as not'to be 'readily identifiable from adjacent streets or highways:' The walls of the storage areas shall be protected from graffit'opportunities by the use of plant materials such as'minimum 1-gallon size :clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be ' ..specifically shown on`the plans submitted far Planning Department and Public Works Department, Streets and Sanitation Division approval. 22. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detai(No. 61 p and maintained to the satisfaction ofthe Public Works Department; Streets and Sanitation: =` bivision. 23. That a plan sheet forsolid waste storage and collection and a plan for recycling shall be submitted td the Public Worksbepartmerif; Streets'ahd Sanitation Division for review and approval. 24. That subject property shall be developed substantially in accordance with plans and specifications submitted'to the Citynf Anaheim by the'petitioner and which plans are on file witRthe Planning! Department marked: Exhibit Nos: 1 and 2 and as conditioned herein. 25. .That within`sixty (60) days from the date ofthis resolution or prior to commencement of the activity authorized by this resolution, whichever occurs first; Condition Nos. 13,.17, 21, 22,23 and 24, above-mentioned, shall be complied with.:' Extensions for further time to complete said conditions may be granted in accordance: with Section 18.03.090 of the Anaheim Municipal Cotle. 26. 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 i 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. Page 7 ATTACHMENT - ITEM N0. 5 IYE ~ EYE ® r'6 ~ ~ ® kY 9tli City of Anaheim POLICE DEPARTMENT DATE: February 14, 2003 TO: Amy Vazquez Planning Department FROM: Sergeant Thomas J. Smith Vice Detail SUBJECT: Conditional Use Permit 2003-04667 Numero Uno Pizza 3010 West Lincoln Avenue Anaheim, CA 92804 The Police Department received an I.D.C, Route Sheet for Conditional Use Permit 2003-04667. This applicant is requesting on premise consumption of beer and wine and an arcade with 16 amusement devices in an existing restaurant. The location is within Reporting District 1715, which has a crime rate of 210 percent above average. It is also within census tract number 869.02, which has a population of 4,921. This population allows for five On-Sale Alcoholic Beverage Control Licenses and there are presently three licenses in the tract (one of which is already active for this applicant). The Police Department does not feel this request by the applicant would negatively impact the surrounding businesses or neighborhoods and recommends the following conditions for the Conditional Use Permit: 1) At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 2) There shall be no bar or lounge area upon the Licensed premise maintained for the purpose of sales, service, or consumption of alcoholic beverages directly to patrons for consumption.. 3) There shall be no pool tables or amusement devices maintained upon the premises at any time unless the proper permits have been obtained from the City of Anaheim. 4) The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indication 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. 5) The sale of alcoholic beverages for consumption off the premise shall be prohibited. Memorandum Amy Vazquez Numero Uno Pizza Page two _ 6) There shall be no live entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained fro the City of Anaheim. 7) There shall be no exterior advertising of any kind or type., including advertising directed to the exterior from within, promotion or indication the availability of alcoholic beverages. 8) The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 9) That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 10) There shall be no admission fee, cover charge, nor minimum purchase required. 11) That the parking lot serving the premises 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. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminated the windows of nearby residences. 12) That the business operator shall comply with Section 24200.5 of the Business and Profession Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy.. 13) At all times that entertainment or dancing is ;permitted, security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful cohduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 14) That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. 15) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 16) Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) If further information is needed please contact me at extension 1451. f:\home\tgovemale\2003-04667 Numero Uno Piaa.doc ~~ ~ 7 I TEt1 N0. 6 N RM-1200 ~ m I ~ VAR 2001A4445 m 1 DU VAR 3755 ~ APARTMENT 10 DU 1 DU CGr , SMALL SHOPS SMALL C P 3012 SHOP n VAGAN/® vA~ ~ GG ®/ R S.~REEZ cEN~ 1% 2 p~ GN~u/r 1~M-12DN1GN PNPSG~{pOl N CO/~ Ai GC {/Iq 4N A ~PRWP N ~ZG b 1~D~ ~! PD-C NCS PPP'10 DU Conditional Use Permit No. 2003-04669 " i,r Subject Property Determination of Public Convenience Date: March 24, 2003 or Nessessity No. 2003-00010 Scale: 1" = 200' Requested By: YONG SUB KIM Q.S. No. 63 CONDITIONAL USE PERMIT NO. 2003-046fi9 - TO PERMIT THE RETAIL SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION IN CONJUNCTION WITH AN EXISTING LEGAL NON-CONFORMING CONVENIENCE MARKET. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2003-00010 - TO PERMIT THE RETAIL SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION WITHIN AN EXISTING LEGAL NON-CONFORMING CONVENIENCE MARKET. FtH 1M NIGH PN scNOD` CO N.194P~~jG S ~ENIEFZ G 9 `~ 1000 West Lincoln Avenue -Thomas Liquor stt(zoo3.3-1s) Staff Report to the Planning Commissioh' March 24; 2003 Item No. 6 6a. CEQA CATEGORICAL EXEMPTION-CLASS 1 `(Motion) 6b. CONDITIONAL USE PERMIT NO: 2003-04669 (Resolutoh) 6c. DETERMINATION OF PUBLIC CONVENIENCE i ' (Resolution) ORNECESSITY NOJ2003=00010 SITE LOCATION AND DESCRIPTION::. (1) 'This rectangularly-shaped 0.35-acre property is located at the southwest corner of Lincoln Avenue and IllinoisrStreet, with frontages of 110 feetbn the south side of Lincoln Avenue and 104 feet on the west side of Illinois Street (1000 West Lincoln Avenue -Thomas :.Liquor). REQUEST: (2) .The petitioner requests approval of the following: (a) A Conditional Use Permit under the authority of Code Section Noi 18.45.050.195 to permit the retail sales of alcoholic beverages for off-premises consumption in conjunction with an existing legal non-conforming cohvenience market. (b) A Determination of Public Convenience or Necessity to'upgrade an existing: Type 20;(Off-Sale Beer and Wine) to a;Type 21 (Off-Sale General Alcohol) alcoholic beverage license to permit the retail sales of'alcoholic beverages for off-premises consumption within an existing legal non-conforming convenience market. BACKGROUND: `` (3) .This property is developed with an existing. 2,400 square foot convenience market and a eparate escrow company ahd is zonediCG (Commercial, Generai). The Anaheim .General Plan Land. Use Element Map designates this property for Generale Commercial land uses. (4) Surrounding land uses are as follows: Direction Land Use Zoning '- General Plan Desi nation North across Lihdoln Commercial and General< Avenue` Sin le-Famil' Residences CG Commercial Easfacross Illinois Geheral' Street Restaurant CG `Commercial General South Office CG Commercial General West ? Restaurant CG .'Commercial sr8575av` Page 1 it Staff Report to the Planning Commission March 24, 2003 Item No. 6 .PROPOSAL:`. (5) The petitioner requests a'conditional use permit and a determination of public'. convenience or necessity to allow the retail sales of alcofiolic beverages for off-premises consumption as an accessory product to the general retail sales ofan existing: nonconforming 2,400 square foot convenience'market (currently permitted for retail sales of beer and wine far off-premises cohsumptiort'since 1992). The site plan (Exhibit No: 1) does'not indicate any expansion to he existing!building. (6j The petitioner liar applied for a determination of public convenience or necessity in order to obtain a Type 21 (Off--Sale General Alcohol) license. Due to a`liigh crime rate (and not overconcentraton)tyithin the Reporting Districtof this property, a determinatioh of public: convenience or necessity is requiredfrom the City of Anaheim by the Department of Alcoholic Beverage Cohtrol (ABC), (7J The floor plan (Exhibit No 2) indicates dry protluct shelving units, walk-in coolers and a freezer, a cashier counter, a restroom, and storage rooms. Plans do not indicate any new construction or interior improvements. (8) Vehicular access is provided by single driveways from Lincoln Avenue and Illinois Street: Plans indicate 10 parking:"spaces on=site; Code requires 13 spaces based on 5.5 spaces per 1.',000 square feet of gross floorarea for this retail business, Since the business is existing and this requestwould not increase the parking requirement for this site, a parking waiver is not required. (9)' Elevation plans (Exhibit No. 1) and afield inspection indicate a 16-foot high commercial building with a tiled mansard roof, and stucco walls and parapets. Four light fixtures were alsoobservedbn the east: building wall (facing Illinois Street). (10) Plans do not indicate any additional wall or freestanding signage. Afield inspection indicated an existing approximate 2Q-foot high`freestanding legal non-conforming pole sign. with one illuminated'plexiglas panel, an illuminated channel letter sign on the east elevation, and an illuminated Plexiglas sign panel on the'north elevation of the subject business. Commissiori'should note'that the pole sign has building permits. Tfie petitioner has indicated the possibility of replacing the sign face of the existing.. signage within the existing cabinets, but no new signs are proposed in conjunction with this request. Coder currently permits an 8 foot high, 10 fdot wide monument ign with a'sign area of 65 square feet per face and wall signage not to exceed ten percent of the building elevatiort area: The existing wall sign complies with Code at 9.3 percent of the buildingelevation. (11) An on-site inspection andsubmitted `plans indicate no landscaping on the property. The inspection further indicated newspaper racks; two pay phones, and'an ice machine in front of the business (facing Lincolri`Avenue). ;Lastly, staff observed various construction detiris being stored at the south end of the building, and a 6-foot high (unslatted) chain Zink fence enclosure around a portion of the trash enclosure, with a block waltenclosing the'remaining portion. (12) Thepetitioner has submitted the attached lettet of operation indicating that the. hours of operation will tie from 7 a:m. to 11 p'm. seven bays a week with 2 employees :per shift. Ttie letter further states that this is currently a neighborhood convenience market with merchandise for sale such as groceries, papeFgoods, sundries, automotive and Page 2` I Staff Report to the Plashing Commission March 24, 2003 Item No. 6 EVALUATION: (15) Code permits'the retail sales of alcoholic beverages for off-premises consumption in the CL zone subject to approval of a conditional use permit% Because he property is located in a`police reporting district with a crime rate above the City average, State law requires thatthe local, agency make a determination bf public convenience or necessity. (16) On July 11, 1995, the Anaheim City'Council adopted Resolution No: 95R-134 establishing procedures and delegating certain responsibilities relating to issuance of licenses by tfie' State Department of Alcoholic Beverage Control (ABC) with regard'!to applications for licenses which'would otherwise be tlenied buffor the issue of whether public convenience or necessity would be served by issuance of the license and where: the City is responsible under State law to make such determination, the resolution delegates such determinations to the Planing Commission with the right of appeaP (or review) by the City Council. (17) Section 23958 of the Business and Professions Code provides thatABC shall. deny an application for a license if issuance of that license would fend 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. (18) The statement of justification for determination' of public convenience and necessity submitted by the petitioner (attached) describes the business as one of the only two alcohol outletswithin the census tract and thatthe granting of the request to sell alcoholic beverages would not have an impact on the surroundingneighborhood or school based on the limited hours of operation. (19) The Rnaheim Police Department has submitted a memorandum dated February 18, 2003 (attached), stating that this property'is located'within Reporting District No. 1723, which , has a crime rate 30% atiove the Citv averaoe.This property is also located within Census Tract No. 872:00, wherethere is currently 1 license for retail sales of alcoholic beverages for off-premises consumption and 5off-sale licenses are allowed. The Police Department responded to this location 15 times`since January 1, 2001. The calls included 1 keep the peace, 1 open'door, 1 lost or stoleh property;? 1 hit and run, 4 disturbances, 3.911 hang-, upsJ,1 subjecf stop, 1 burglary, 1 suspicious circumstance and 1 drunk in public. Of these calls; only one report was`taken pertaining to lost or stolen property; The reporting district to the north has a crime rate of 28 percent below City average, the reporting district to the south has a crime rate of 22 percent below the City average, the reporting district to the westhas a crime rate of 60 percentabove average and the reporting district to the east; has'a crime rate of 1155 percent above average. The Commission'should note that thee. crime statistics for the reporting district to the'east of the subject property do not reFlect a high crime area. According to the Police Department, any crime orreport taken at the Police Department Headquarters contained iri this reporting district,ris reflected in the crime rate within this reporting district. (20) The'Planning Commission established a policyto determine whether a determination ofr public convenience or necessity is appropriate: Staff feels the request is justified based- on the fact thatonly one (1) other alcohol outlet exists within the census trabtand the establishment is currently operatingwith a beer and winelicense with only a single police report taken within the past yeas According to the Police Department, there has not tieen Page 4' 7 Staff Report to the 'Planning Commission March 24; 2003 Item No. 6 a history of alcohol related incidents in the area. A copy of the Planning Commission's guidelines to determine public cbnvenience or necessity is attached. ', (21) The Police and the Planning Departments do not oppose the request to u rade to a .General Alcohol Sales (Type 21) liquor license subject to the recommended conditions of approval The Commission may wish to note that currently the convenience marketHas an ABC license to sell: beer and wine but has no conditional use permit orconditions'of approval. This request would provide the opportunity`to apply updated conditions of approval to this business consistent with other off-sale alcohol establishments in the,City. (22) Staff has recommended conditions of approval requiring the petitioner to remove the outdoor storage of equipment, vending machines, and pay phones to enhance the aesthetics: of the site. FINDINGS: (23) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all: of the following conditions exis[ (a) That the proposed use is properly one for which a conditional use permit is authorized by he Zoning Code, or hat said use is not listed therein as being;a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in whicH' it is proposed to be located; (c) That the size and shape of the site for the proposed use'is adequate to allow he full development of the proposed use in a manner not detrimental to the particular area nor to the peace, Health, safety, and general welfare; (d) That 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; and (e) That the granting of the conditional'use permitunder the conditions imposed, if any;: will not tie detrimental to the`peace, health, safety and generaf welfare'of the citizens of the,City of Anaheim. RECOMMENDATION: (24) Staff recommends that, unless additional or contrary information' is received during the hearing, and based upon the evidence submitted to the Commission including the evidence presented iri'this staff report and oral and written evidence presented at thee' Hearing, the Commission take the following actions; (a) By motion, determine that the project is Categorically Exempt under Section 15301, Class 1, (Existing. Facilities) df the'CEQA Guidelines. (b) By resolution, approve Conditional Use PermitNo. 2003-04669, (topermit retail sales of alcofiolic beverages for off-premises consumption within aH existing convenience market) based on tfte following: Page 5 Staff Report to the Planning Commission March 24, 2003 Item`tJo. 6 (i) ?That approval of this request would not adversely affect the adjoining land uses and the'growth and development of the'area in which it is located and the use is properly one for which a conditional use permit is authorized. (ii) That theproperty is currently operating with a beerand wine license withouPevidence of a negative impact to the surrounding area; and that the recommended conditions'of approval would ensure that the business continues to operate without impacting the surrounding neighborhood. (iii) That as conditioned herein, the proposed change in operation would not be detrimental to the peace,. fiealth, safety, and general welfare of the citizens'of the City; of Anaheim. (c) By resolution, a ' rove the request forbetermination of Public Convenience or Necessity No. 2003-00010`for a Type21 ABC license for retail sales'of alcoholid beverages for off-premises consumptibn based'on the following: (i) That the Anaheim Police Department does not oppose the request on the basis that the property is located within'Reporting.pistrict 1723 which has i a crime rate of 30% above the City average and there has been minimal calls for service and only one deport was taken pertaining to`lost or stolen r property'since January 2001. 1 (ii) 'That the petitioner has demonstrated that this request would serve to benefit the public in?terms of convenience or necessity based'on the number of licenses permitted'and existing within the census tract. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY'DEPARTMENTS ACTING ASAN ' INTERDEPARTMENTAL COMMITTEE AND'ARE RECOMMENDED FOR ADOPTION BY THE COMMISSION IN THE EVENT THAT THIS PERMIT' IS'APPROVED. 1. Thafthe hours of operation shall be limited to Ta.m. to 11 p.m, seven days a week. 2. That there shallbe no public telephones maintained on the propertythat are located outside the building. 3. That no window signs shall be permitted. 4. That a decorative trash receptacle sfiall be provided outside the entry door to the building for use by patrons. Said receptacle shall be properly maintained. 5. That no exterior vending machines shall be permitted. 6. That roof-mounted balloons or otherinflated devices shall':hot be permitted. 7. That shopping carts shall be stored inside the building and there shall be no outdoor storage or stacking of shopping carts. Page 6 Staff Report to the Planning Commissioh March 24;2003 :Item No. 6 8. That the detiris located at the south end of the building shall be removed from the premises and that this area shalt be kept free bf any future debris.:' 9. That any tree or other'landscaping planted on-site shall be replaced in a timely manner in the event that it is 'removed,: damaged,: diseased, and/or dead: 10. That video, electronic,'or other amusement devices shall not be permitted anywhere on the subject ptoperty, 11. That the sales of alcoholic beverages shall not exceed thirty five percent (35%) of the gross sales of all retail salesduring any three (3) month peripd. The applicant shall maintain records on a quarterly basis 'showing the separate'amounts of sales of elcoholicbeverages and other items. These records hall be subject to audit, and made available, whenrequested by any City of Anaheim official during reasonable business hours. 12. That aII fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas: 13. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside the building; and that noaudible advertising ofalcoholictieverages shall be permitted. 14. That no alcoholic beverages shall be consumed on the premises. 15. That the applicant shall be responsible for maintaining the premises free of litter at al(times. 16. That no display of alcoholic beverages shallbe located outside the buildingbr within five (5) feetof any :public entrance to the building. 17. That the areas of alcoholic beverages display shall not exceed twenty five (25) percent of the total display area in the building. 18. That the sales of alcoholic beverages shall be made to customers only when the customer is inside the building. 19. That no person under twenty one (21) years of age shall sell or be permitted to sell any alcoholic 'beverages. 20. That beer shall not be sold in packages containing less than a siz (6) pack; end that wine coolers shall not.! be sold in peckagesdontaining less than a four (4) pack. ` 21. That no areas shall be provided for on-site consumption of food. 22. That trash storage areas shall be!provided and maintained in a location acceptable to the Public Works Department; Streets and Sanitation Divisidhand in'accordance with approved planscn file with said Department: Said storage areas hall be designed;ldcated and'screened so as not o be reatlily identifiable from adjacent streets or highways. The walls of the: storage areas shall tie protected from graffiti opportunitiesby the use of plantmeterials such'as clinging vines or tall shrutitiery. Said ihformation` shall be specificallyshown on ttie plans submitted for Public Works Department, Streets and Sanitation Division approval. Page 7 I Staff Report to the Plashing Commission March 24, 2003' Item No. 6 23. That trash storage areas shall be refurbished td the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with approved plans on file with said Department. 24. That 4-foot high, address numbers sfiall be displayed on ttie roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 25. That the proposal shall comply with all signing requirements of the CG Zone, Any new signage shall t,e subject to review and approval by the Zoning Division. 26. That subject 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 Planningbepartment marked Exhibit Nos. 1 and 2, and as conditioned herein. 'r 27. That prior to the commencement of the activityauthorizedby this resolution, Condition Nos. 2, 3, 4; 5, 8, 12, 13, 16, 1T,'22, 23, 24'and 26, atidve-mentioned, shall be complied with. 28. That approval of this application constitutes approval of the proposed request dnly 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: Page 8 7 ATTACHt1ENT - ITEM N0. 6 MEMORANDUM City of Anaheim POLICE DEPARTMENT DATE: February 18, 2003 TO: Amy Vazquez Planning Department FROM: Sergeant Thomas J. Smith Vice Detail SUBJECT: Conditional Use Permit 2003-04669 Thomas Liquor 1000 West Lincoln Avenue Anaheim, CA 92805 The Police Department received the I.D.C. route sheet for Conditional Use Permit 2003-04669. The applicant is requesting to upgrade the existing Alcoholic Beverage Control License from an Off-Sale Beer and Wine to an Off-Sale General. The location is within Reporting District 1723, which has a crime rate of 30 percent above average. It is also within census tract 872, which has a population of 7,371. This population allows for 5 Off-Sale licenses and there is presently 1 active in this tract. Additionally this population allows for 8 On-Sale licenses and there are 3 active in this tract. The Police Department responded to 1000 West Lincoln Avenue 15 times from January 1, 2002 through January 31, 2003. The calls include 1 keep the peace, 1 open door, 1 lost or stolen property, 1 hit and run misdemeanor, 4 disturbances, 3 911 hang ups, 1 subject stop, 1 burglary, 1 suspicious circumstance, and 1 drunk in public. One report was taken for lost or stolen property during the above listed time frame; which was related to the business. The Reporting District to the north of this location is 1623 and has a crime rate of 28 percent below average. The Reporting District to the south is 1823 with a crime rate of 22 percent below average. The Reporting District to the west is 1722 with a crime rate of 60 percent above average. The Reporting District to the east is 1724 with a crime rate of 1155 percent above average. The census tract boundaries are: North North Street South Santa Ana Street East Harbor Boulevard West Euclid Street. Off-Sale licenses in this census tract: 1000 West Lincoln Avenue Memorandum Amy Vazquez Thomas Liquor Page two On-Sale licenses in this census tract: 1201 West Lincoln Avenue 540 North Euclid Street 520 North Euclid Street The census tracts surrounding this location are as follows: North - 866.02 population 6,177 On Sale allowed 7/active 3 Off Sale allowed 4/active 3 South - 874.01 population 3,054 On Sale allowed 4/active 1 Off Sale allowed 2/active 3 West - 871.02 population 5,862 On Sale allowed 7/active 4 Off Sale allowed 4/active 2 East - 873 population 10,041 On Sale allowed 11/active 4 Off Sale allowed 7/active 6 (and 1 pending) Additional Census Tract information: North West - 867.02: population 6,646 On Sale allowed 7/active 6 Off Sale allowed 5/active 3 North East - 865.01 population 4,748 On Sale allowed 5/active 5 Off Sale allowed 3/active 4 South West - 871.0,4 population 4,507 On Sale .allowed 5/active 3 Off Sale allowed 3/active 0 South East - 874.05 population 6,649..._ On Sale allowed 9/active 2 Off Sale allowed 5lactive 5 If approved the Police Department would recommend the following conditions be placed upon the Conditional Use: 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. 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. Memorandum Amy Vazquez Thomas Liquor Page three 3) The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. 4) Sale of alcoholic beverages shall be made to customers only when the customer is in the building. 5) No person undertwenty-one (21) years of age shall sell or be permitted to sell any beer or wine. 6) That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 7) The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages is prohibited on or around these premises. 8) The parking lot of the premises 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 ot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 9) There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 10) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 11) 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. 12) Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 13) The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. If further information is needed please contact me at extension 1451. f:\home\tgovernale\2003-04669 Thomas Liquor.doc w y o ~ ~ ~ v u ~ g ~ N i ° ~ fi1'+c 6 C p _ °~ O 3 O ~ `v ~ 'y N o 6 p ; p E S c ~ Q ~ u ~ O N rn o ~ U ~ ~ ~ E ~ ~ c~ v a E3~m C= 9 a Z O C ~ C , f0 (p a~ ~ + a J ~ .i a ^~ W 0 I M Z N O_ O' UW U J ANp\.\E\M 6~~0 N N = Q j a N a N .I. NPRgOR BIND. W Q!:. c ~~' ¢ , to r o ~ ~ N ~ m ~ ~~ o ~Q N WESSs~ ~ i o P o c N ~" ~ ; e N o O WEBj BT € M ...... t o ~ O CO a m 3 0 U Z J Z~ 3 °< 0 K m rr, r, r, c~r;;;r~ ° ° .>;;>°r>. - 80 ~ w. :: o °° ° °°° = za b nba ~ ~ W w ° o ~ a;; ~ ; ~~3Ee3'z 'g :3x33 m'oo€3c o'~e. ZS~ss~i '. §2e~ ~e3Ct.~ed'c6 Zzeg~a=~e s~Je@8"a5 ~ .astir E ~o,.: & ' . s§3s'__s_~=s ' ??€~ . az~asas's~3~a `9~<s:~a'~ `z,~~aaz~ ; ' ,<::a?= 1 ~~ ;d-; _ ,3333 -- ' ` _ n3; w; .`, ~~ _ __3ac3- ^ " " 3- - -- " 333v+ T ° ° ¢ G is„=,, ,, a ....°~°=~««>c,, m6F~ oe_~ec .~c6o v „ c c oceno'~ 0E emmoma~ = v_cem°e .« c ~a a ... "a N ° 2: e. cr_ - <...: [_..._ <e<~ ..aaa<<<..".C a........t €: e... aaa a <aa.. =. ea .,<.a m _ Ed LJ _ q S ~ S C %E t y ~ .. m W Q .Z 0 '~' e p W ~ x ZS ~5 N N Qi H 'E m E ~E ~ Gr5 4 ~ z r ~su a5 P ~G $ B tCY G 6 ~ ~ M a ¢ 5 3 ~~' C C ~5 g g~E4 x r3y b a. ~ `n ~ ;~-bi U) (q 9 N O O a u p51 W` Ja N c C t ~' v='E {V ~E ~~ ; ~~ ~] a G66 E ' G s ' ~ 4 ~ 39 5 t G. e ~ a~~ 4 U 3 s Ei C ~ E§e~ . ' y 3 _ v ~ ~ S W ; ~ b N E 3'-'. E~ ~s " E~<Ga9sa ° =~ ' oi~ . - 'se~~~_'°s ~a~ 5 ' F` s `c~a:c3E~ ~ ''- 5 ^ a'ej L3 .p _ c ~" ~~az`~@_° ` a~ ° E. 5= z3 r ~ c U 3 ~ << 3 E ~= 3 _:=. .'S >f ~ ..-_- $ c : <-5sd .~~ ~C °mi ~ 3 > sS ~@ _ _ O ~ O ~ ~ 1 C 4 «...r.~_ vc _-na=a F .^ «««««.. n.... o « ~..~.]... 'v..°G6pG.SaN¢ FFFG~6o¢ 00 ~ ~ a ~ a 2 a o 8 o 0 ~a CEO ~~ oG M O N ~ N d = U U ~'SS SZ. 3Atl 4NOWAVa y LL a rc oo_ ~ ~~~ p ~n m 6p °-' °-' ~' r 1s NOW3l ~ Vl N<M ~OO~ a ~ ~~ 5 O N YQ Z 7~ C ~O ® O Q ~ p . O O C~ ~ W ~ NO ~ d ti `'~' N ` ^ _ Oi O ~ to ` ~o ~ _ c 00 00 r.-N ~ c ~ O 0 oca °O ~ ~~v ~~~ ~ O 0.6l 4 ~ y m J N ~ HPRgp o``o ~ a a iQ N m E ~ o v 2 m J J O O ~~ ST m ( I N 0 0 ~ ! ] ~ Nrnm Op~v a~ Bd=- C®tn in CB yy 00 3¢ ~ 00 ~¢ N / _Q > a N 1p m 10 tN~~~ N am 1541~On3 ~~~ °~ O P N C N N . O O O BVmm ®I~ If1 O ~ ~ N N C C N O N M N v 0 0 ~' Onv ' v v ~ hmin w ~ a ~ O O i U O s a~ O~ 5 OislsanHn ~fooae N O O N dCl `m o O in m v w 9e in +n ~ n n SENT SY: BRIGGS 8 ALEXANDER; 714 520924A; FER-_1.3-03 14:46; PAGE 2/2 ATTACHN~NT - ITEH N0. 6 PETITIONER'S STATEIv!);NT OF JUSTIFICATION FOR PUBLIC CONVENIENCE OR NECESSITY The City Council has established procedures for the detenuinalion of Public Convenience or Necessity and has delegated the responsibility for making such determinations to the Anaheim Planning Commission. LzordertheassistthePlanningCommissioninitsdeliberationsastowhether the public convenience or necessity would be served by pennittiug an additional alcohol establishment within an azea containing an over concentration of licenses and/or high crime rate, please answer the following questions. 1. What is the primary purpose of your business? is the sale of alcohol an essential part oP the primary purpose of the business? Please explain: Retail sales of groceries. The sale of beer and wine is a primary purpose of the business. 2. Are there similaz businesses or a concentration of alcohol outlets in the immediate area that already provide alcohol service? tf so, how would the public convenience or necessity be served by permitting an additional license within the census tract'? No. In fact, census track number 7372 in and around Thomas Liquor Store has only two complete liquor licenses and is allowed up to five off sale liquor licenses. 3. Ys there a residential neighborhood or school adjacent to the property for which you are requesting a public convenience or necessity determination? if so, please explain how permitting an additional license would not disproportionately impact an adjacent residential neighborhood or school. Thomas Liquor Store is apre-existing business and granting the license should not disproporti~natelyimpactan adjacent residential neighborhood or school. Additionally, the Anaheim Police Department has indicated the crime rate is below 30%. 4. Whal percentage of your business do you anticipate will be a]cohol sates'? We anticipate alcohol sales of the business to be 35°!0. 5. Does your business cater to a specific need or specialty which is not currently available in the area? Please explain. As stated previously, tract 872 is allowed up to five complete liquor licenses and currently only has two. C. Are you proposing any specific operational measures to eliminate or limit any potential negative consequences from the sale of alcoholic beverages? Please explain. The hours of operation 7. What type of license are you requesting from ABC? Is it an existing license? Thomas Liquor Store is requesting an expansion of its existing "beer .and wing' license to all forms of alcohol to enhance the existing use of the property and partially negate the hardship it faces due to the partial take by the City of Anaheim of a portion of its property. ATTACHh1ENT - ITEH N0. 6 POLICY CITY OF ANAHEIM PLANNING COMMISSION GUIDELINES TO DETERMINE PUBLIC CONVENIENCE OR NECESSITY (PCN) • How significant is the `'undue concentration"? In census tracts with a few excess licenses, it may be easier to justify the need for additional licenses when considering other factors. However, in areas with a significant number of excess licenses, the City should carefully examine, based on submitted evidence and the whole record, whether it would be appropriate to make the requested finding, How close is the proposed site fo a residential neighborhood and/or school? If the site is in close proximity to a residential neighborhood or school, then the decision on whether to make the finding of PCN should give weight to these sensitive land uses. How close are other alcohol outlets? Are outlets in close proximity or are they spread throughout the census tract? If the outlet is located near the border of the census tract, is there a cluster of outlets in the vicinity of the outlet located in the adjoining census tracts? In some areas, there are a large number of businesses providing alcohol in close proximity. As a result, the impact is greater than if the same number of businesses were spread throughout the census tract. In these instances, it may be difficult to make the finding. • Are there similar businesses already in the area? Is this the first business of this type or are there several similar businesses nearby? If the product is already available, then it would be harder to justify "public need". ® Is the sale of alcohol an integral part of the primary purpose of the business? A "dinner house" would normally sell alcohol; however, a gas station or breakfast cafe would not. • Is there ahistory ofalcohol-related problems in the area? Determination of PCN in reporting districts that have a much higher than average crime rate will be more difficult to justify. Likewise, even if the proposed location is in a census tract that does not have a higher than average crime rate, it may be adjacent to one or more reporting districts that have a higher than average crime rate. • Are there unusual factors which are applicable to a particularlocation? The establishment may cater to a specific customer such as specialty markets or warehouse stores. In these instances, the Planning Commission may determine that the unusual factors are sufficient to determine public convenience or necessity. • Is the proposed site in an area which has both an overconcentration of licenses and a higher than average crime rate? In such instances, it may be more difficult to make the finding, • Would a particular establishment have mitigating operational characteristics such as increased security, limited hours of operation or hulk sales and/or temperatures not . conducive to on-site consumption? A Determination of PCN may be justified for establishments with operational characteristics that would offset any negative consequences of approving an additional license. ITEM N0. 7 cL r-cuP zoa3-a4sn CUP 2001-04361 CUP 3581 -'-" CL CUP 3271 76-79-0fi CUP 2646 RCL 77-76-64 1 CL T-VAR 200L04435 ( ) RCL 76-79-06 VAR 4353 CUP 2002-04576 RCL 77-76-64 (t) VAR 4255 CUP 2692 CUP 3274 VAR 3651 OFFICE:BLDG. CUP 3249 COMM17. "- _ CUP 3216 SHOPS / CUP 3166 CL G CUP 2645 RCL ]a-]9-4fi VAR 4796 RCL T/-]&64(1) `./n VAR 4075 CL T-cuP 2000-04226 r VAR 3851 CUP 3659 CUP 2001-04367 VAR 3603 CUP 3581 CUP 2644 VAR 4213 VAR 3522 CUP 3271 vAR x902 ~n~ VAR 3109 CUP 2646 VAR 3051 v PARKING CL T-VAR 2001-04435 vAR 3603 RCL ]0-79-0fi VAR 4353 VAR 3522 O RCL 77-76-64 (7) VAR 4255 VAR 3109 2 CUP 3216 S.S. ANO CUP 3166 VAR 3651 GAR WASH VAR 4196 PEP BOYS CL ~~ VAR 4075 VAR 3051 RCL 7049-4fi ~Q VAR 3fi03 RCL ]]-]0-64 (1) VAR 3522 CL T-CUP 2001-043fi6 VAR 3109 RCL ]B-]9J6 CUP 2 0 01-04 359 EAST ANAHEIM CL RCL]]-]&fi4 (1) cuP 3216 \ POLICE SUBSTATION RCL 78-79-06 CUP 321fi CUP 316b SCENTER \ RCL 77-76-64 1 CL CUP 31fifi CUP 2845 O RCL 7049-06 T-CUP 2001-04360 VAR 40]5 VAR 3851 RCL ]]40-64 (1) VAR 40]5 VAR 3051 \ VAR 3603 CUP 2045 VAR 3fi51 \ VAR 3522 VAR 3851 VAR 3603 /\ \ VAR 3109 VAR 3603 VAR 3522 CARL'S JR VAR 3522 VAR 3109 505 VAR 3109 BURGER REST. EL POLLO KING LOCO RCL 7P 76-fi4 (2) SANTA ANA CANYON ROAD 76-7s-4s O T-CUP 2002-04526 Q \ CUP 3920 ~ \\\\ CUP 3558 CUP 3551 ~ GO CUP 3542 F- 76-79-46 CUP 3333 W RCL 77-78-64 T-VAR 2001-04477 CO CUP 4013 VAR 2001-04451 S W CO 76 7946 76-79-46 CUP 2541 VAR 4377 U7 CUP 2003-04662 RCL 77-78-64 OFFICE VAR 4201 O 78-79-46 RCL 77-78.64 CUP 2541 BLDGS. (GUP 41525) O~ RCL 77-78-64 POST OFFICE GUP 2541 CUP 2541 BLDG, EIR 256 MCKELLAR OFFICE OFFICE PARK EIR 229 BLDG. EIR 216 EIR 195 GPA 142 ANAHEIM HILLS FESTIVAL SHOPPING CENTER Conditional Use Permit No. 2001-04361 Subjec[ Property TRACKING NO. CUP2003-04671 Date: March 24, 2003 Scale: 1" = 200' Requested By: PEP, LLC Q.S. No. 213 TO MODIFY PREVIOUSLY-APPROVED EXHIBITS FOR AN EXISTING COMMERCIAL RETAIL CENTER AND TO AMEND A CONDITION OF APPROVAL PERTAINING TO MAXLMUM NUMBER OF PERMITTED TENANT SPACES. 8247-8267 Eas[ Santa Ana Canyon Road s1a Staff Report o the Planning Commission: March 24;2003 Item No. 7 ; 7a. CEQA CATEGORICAL EXEMPTION -CLASS 32 (Motion) .. 7b. 'CONDITIONAL USE PERMIT N0.`2001-04361 (Resolution) (TRACKING NO: CUP2003-04671). .SITE LOCATION'AND DESCRIPTION: (1) This irregularly-shaped, 0.87-acreproperty has no frontage on a public street, is accessed via a private'access easement, and is located 505 feet west ofthe centerline of Weir 'c Canyon Road (8247-8267 East Santa Ana Canyon Road).* *Advertised as - 3.34 acres with a frontage of 120 feeton the north side of Santa Ana Canyon Road. REQUEST: (2) The petitioner requests approval to modify previously-approved exhibits foran existing commerciatretail center and to amend a condition of approval pertaining o maximum' number of permitted tenant spaces under the authority of CodeSection 18:03.092. ;BACKGROUND: (3) This property. is developed with a`3-unit commercial retail center and is zoned CL(SC) (Commercial; Limited; Scenic Corridor Overlay) and the Anaheim Genera(Plan Land Element Map designates this property for General Commercial land uses..: This site is part of a larger commercial center, East Hills Cehter, which:is located north of Santa Ana Canyon Road, west of Weir Canyon Road, and south of the Riverside (SR-91) Freeway. (4) Surrounding and uses'are as follows: Direction Land Use iZoning General Plan Designation North (SR-91) Freeway - Circulation (Freeway); 'East Service Station CL(SC) General Commercial West Pep Boys (Auto Repair) CL(SC) General Commercial i South Fast Food Restaurants` CL(SC) General Commercial (5) Conditional Use Permit No. 2001-04361 (to construct a 3-unit commercial retail center with roof-mounted equipment.) was approved by,the Planning Commission on June 4, 2001. t2esolutionNo. PC2001-71, adopted in conjunction with this permit, contains the following condition of approval Sr8573vn.doc Page 1 1 Staff Report to the Planning Commission March 24, 2003 Item No. 7 " 1. That the maximum number of tenant spaces in this commercial retail center shall be three (3)." PROPOSAL: (6) - The petitioner proposes to increase the total number of tenant spaces within ah existing commercial retail center from 3 to 4 units. The site and floor plan (Exhibit No: 4) indicates an existing 5,884 square foot building. and the location of the proposed fourth tenant space. The new tenant space would be located near ttie south and of the building adjacent to an existing sandwich shop (Quiznos).'The proposal of an additional retail spacewould result in the following: `; Use Square feet Restaurant (Quiznos) 1;382 Luggage/Shoe/Leather Repair* 939 Restaurant . (Tropical Smoothie Cafe) 1;409 Beauty, Salon 2,154 'Total 5,884 *Proposed forhew tenanlspace. (7) The original floor plan for this center indicated that the retail building would have the potential for up to four (4) retail units. Now thatthe 3 approved tenant spaces'are leased;: 939 square feet`df vacanffloor area remains and is proposed to be leased to a;luggage, leather and shde repair tenant. The proposed floor plan indicates modificationswould be withinthe existing building footprint No additions, expansions of floor area, orexterior alterations are proposed in'conjunctioh with this;request. (8) This property has no street frontage and the site plan indicates shared access via two driveways from. Santa Ana Canyon Road. This commercial building: shares parking witH tfie existing commercial building to the west (Pep Boys). The plan also indicates a total of 14 parking spaces for the commercial retail center and a total of 161 parking spaces for both buildings. Code requires a`minimum of 161 parking spaces for the combined existing and.': proposed retail. buildings based on the fpllowings' Use rArea (square feet) Code Required Parking Ratio Required Parking ; Spaces Restaurant (Fast Food-Quiznos) 1;382 16 spaces/1,000 s.f. 22.1'' Restaurant (Tropical Smoothie Cafe) 1;409 >5.5/1,000 s.f. , (10'seats or Tess) 7.7 Beauty Salon 2;154 .5.5/1,000 s.f. `< 1 T:8 Luggage,. Leather & ShoeRepair 939 5.5/1,000 s.f. ` 5.1 +Pep Bdys (Retail) 17,541 5.5 spades/1,000 s.f. 96.5 .'.Pep Boys (Service) 5,000 3.5 spaces/1,000 s.f. 17.5 TOTAL 28,425 161 Page 2 Staff Report to the Planning Commission'. March 24; 2003 Item No. 7' (9) Photographs of the property indicate a one"story, 35-foot high commercial building. Building materials consist of ligfit an stucco finish, 3-foot high green wainscot the around the bottom of the building to match the canopies, decorative squared columns, aluminium storefront windows and doors and SpanisfiYile roofinge (10) Pfiotographs and an on-site inspection indicate the landscaping adjacent to the building and in the parking Iofis being properly maintained Nd new landscaping isproposed in conjunction'with this request. {11) Sign plans were not submitted as part of this application. All of the existing'signs have building permits on record. Wallisignage for the proposed new uhit will be over the southwest dobnvay. Cdde provides that nofmore than one (1 ).wall sign sfiall be permitted for each individual building tenant with an "aggregate total area bf all sucfi"signs not to exceed 10 percent of tfie total area of the face of the building. (12) The letter oYoperatioh indicates the proposed division'bf tenant space would be occupied by a luggage, leather and'shoe repair business! The letter of operation further states that the petitioner has been unable to lease a 2,000'square foot space without a major anchor tenant and that the`proposed addition of Phis use would be a ''synergistic fit" for tfie center ENVIRONMENTAL IMPACT ANALYSIS:.! (13) Ttie Planning Director's authorized representative has'determined that the proposed project falls within tfie definition of Categorical Exemption -Class 32 (In-fill Development), as' defined in the State CEQA Guidelines and is, therefore, exempffrom the requiremenEto prepare additional environmental documentation. :GROWTH MANAGEMENT ELEMENT ANALYSIS: (14) The proposed project has been reviewed by affected Ciry departments to determine whether it conforms with the City's Growth Management Element adopted 6y the City; Council on March 17,:1992. Based on City`staff review of the proposed project, it fias been determined that this project does not fit within the scope necessary to require a Growth Management Element'analysis, tfierefore; rio analysis has been performed; EVALUATION: (15) The CL(SC) Zone permits commercial retail centers consisting of three or more units subject to tfie approval of a contlitional use permit Tfie petitioner requests3o modify previously-approved exhibits and'to amend a condition of approval to permit one additional tenant space within an existing cdmmercial'retail center for a total of 4 tenant spaces: The petitioner proposes to establish aluggage,leather and shoe repair shop ina 939 square foot vacant area. ThisLse would be a permitted use in the CL(SC) zone. `Any other use permitted in the CL(SC) Zone would also be`able to occupy this space, provided sufficient parking is provided. (16) Code Enforcement Division records indicates no active Code violations for this property. Page 3 i Staff Report to the Planrting Commission March 24; 2003 Item No. 7 (17) Staff has reviewed the proposal to ihcrease the number of tenant spaces from 3 to 4 units withih this commercial retail center :The proposed fourth unit is a result of unused space: not utilized by the Tropical Smoothie Cafe. Many tenants. do not require floor. space as large'as the 2,000 square foot units offered by his commercial retail+center. Staff feels that the business planned forthis additional tenantspace would be complementary o the existing salon and food uses; therefore, staff recommends approvafof this request. FINDINGS: " (18) Before the Commission grants any conditional use permit; it must make a finding of fact that the evidence presented shows: that all of the following. conditions exist: (a) ;That the'proposed use is properly one far which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; (b) ,That the proposed use will not adversely affect thei adjoining land uses and the ;, growth and development of the area in which it is proposed o be located; (c) 'That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner notidetrimental to the particular area nor to the peace, fiealth, safety, and general welfare; (d) That the traffic generated by the proposed use willhot impose an undue burden upon the treets and highways designed and improved to carry the traffic in the area; and (e) ?That the granting of the conditional use permit under the conditions imposed, if any, will not tie detrimental to the peace, health, safetyand general welfare of the citizen&'of the Cityof Anaheim, (19) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or termination of a conditional use permit for one br more of the following grounds: (a) ; That the: approval was obtained by fraud; (b) That the'use for which such approval is granted is' not being exercised within the time specified in such permit;,; (c) r That the use for which such approval was granted has ceased to exist or has been suspended or inoperative for any reason for a period of six; (6) consecutive months or more; (d) That the permit granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulatioh; (e) That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety; or so as td constitute a nuisance; Page 4 Staff Report to the `Planning Commission March 24 2003 Item No. 7 (f) Thaf the use fog which the approval was granted has notbeen exercised, and that based upon additional information or due to changed circumstances, the facts` necessary to support one or more of the required showings for the issuance of such entitlement as set forth in this'chapter no longer exist; and/or (g) Thatany such'madification, including the imposition of any additional conditions thereto, is reasonably necessary to protect the public peace, health'; safety or; general welfare, or necessary to permit reasonable operation under the conditional use'permit as granted. RECOMMENDATION: (20) Staff recommends that unless additional or'contrary information'is received during the meeting; end based upon the evidence submitted td the Planning Commission, including the evidence presented in this staff report; and oral and written evidence presented et the .public hearing that the PlanningiCommission take the following actions: (a) By motion, determine that the project is Categorically Exempt under Section 15332, Class 32 (Infill`Development) of the CEQA Guidelines. (b) By resolution, approve Conditional Use PermiCNo. 2001-04361 (Tracking No CUP2003-04671), (to modify previously-approved exhibits for an existing commercial center and to amend a condition of approval'pertaining',to maximum number of permitted tenant spaces) as conditioned, based on the following: (i) That the use of this property for a commercial retail center (including the number'of permitted tenantspaces) is properly one for which a Conditional Use Permit is authorized by^the Zoning Code. (ii) That an'increase in tenant spaces from 3 to 4 units (with no additional floor !' area) within this commercial'retail center', as conditioned, would not adversely affect the adjoining commercial land uses nor the'growth and. development of the surrounding area, '' (iii) That the size and shape of this site for the commercial retail center is adequate to allow the full developmentof an additional tenant space in a manner hot detrimental to the particular'area nor to the peace, health; safety, and general welfare. (iv) ' That the traffic generated by'the increase in tenant spaces from 3 to 4 units within tfie commercial retail center wduld not impose an undue burden' upon the streets and highways designed andi improved'to carry the traffic in'the area since adequate parkingas provided and there are sufficient driveways to serve the site. (v) That the granting of Conditional Use Permit No. 2001-04361 (Tracking`CUP No:2003-04671);junderthe conditions mposed,would not`6e detrimental to the peace, health'safety and general welfare of the citizens of the City of Anaheim. (c) Staff further recommends that should the Commission wish to approve this request thaf ResolutionNd: PC2001-71, be amended; in entirety, to be replaced by anew Page 5 Staff Report to the Planning Gommission March 24 2003 Item' No. 7 resolution with the following conditions of approval (Condition No, 1 is a new condition); 1. >That the number of tenant spaces for this commercial retail center shall be limited to ':four (4). , 2, That no convenience markets'and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional: use permit: is approved by the Planning Commission:. 3. That no video, electronic or other amusement devices shall be permittetl pn the premises. 4. That all public phones shall be located inside the building. 5. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the :'event that it is removed, damaged, diseased and/or dead. 6. That no roof-mounted balloons or other inflatable devices shall be permitted on the property:; T. That no outdoor vending machines shall be permitted on the property, which are visible to the p u b l i c Yi g h t-of-way. I S. That signage for subject facility shall be limited to one wall sign per tenant not be exceed 10 percent of the totali area of the face of the. unit; and that thereshall be no ignage'on the canopies.i All wall signs shallbe designed and installed to look uniform. 9. `That there shall be no outdoor storage permitted on the premises. 10.!That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with' approved plans on file with said Department. Said storage areas shall be designed, located and i screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from: graffiti opportunities. by the use of plant materials isuch as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall ' shrubbery. 11. That an on-site trash truck turn-around area shall tie maintained per Engineering Standard Detail No; 610 and'maintainedao the satisfaction of he Public Works pepartment;'Streets and Sanitation Division. 12: That all trash generated from this commercial retail center shall be properly contained in trash bins located withimapproved trash enclosures. The' number of bins sfial(be adequate and the trash pick=up shall be as frequent as necessary to ensure the anitary handling and timely removafbf refuse from the property. The: Code Ehforcement,Division of the Planning Department shall determine the need foradditionat bins or additional pick-up. All costs for increasing the number of bins. or Frequency of pick-up shall be paid byttie business owner. 13; That the property shall be maintained in compliance with plans previously approved by the Gity Traffic and Transportation Manager pertaining to Engineering Standard Plan Nos: 436; 601/602 and 607'regardingparking standards acid driveway locations. 14: Thak theproperty shall be permanently maintained in an orderly fashion by the provision of regular andscaping maintenance, removal of trash'or debris; and removal of graffiti within twenty fdur (24) Hours frdm time of occurrence. Page 6 I Staff Report to the Planning Commission March 24, 2003 Item No. 7c' 15. That three (3)-foot-high street address numbers shall be displayed on the roof of the building in a color thak contrasts with'the roofmateriaL The numbers shall not be visible from the streets or adjacent properties. Said information shall be maintained in conformance with approved plans'on file in'tfie Building Division. 16. That all roof-mounted equipment shall be screened from view of surrounding properties and public'~ights-of way and all`roof mounted equipment strap tie painted and maintained toblend with tfie roof. Said information shall be specifically shown in plans submitted for building.: permits. 17. That subject property shaltbe developed substantially in accordance with plans and specifications submitted to the City of Anafteim by the petitioner and which plans are on file wittr he Planning Department marked Exhibits Nos. 1, 2 3 and 4 (site and flodr plan fo~'new tena~f space). ' 18. That prior to issuance of a building permit, or within a period of one (1) year from the date'of this resolution; whichever occurs first; Condjtioh No. 16 atiove-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted inaccordance with Section 18.03.090 dithe Anaheim Municipal Code. 19. That prior to final building and zoning inspections, Condition No. 17above-mentioned, sfiall be complied with. 20. That approval of this application constitutes approval of the proposed request only to the extent that ifcomplies with the Anaheim Municipal Zoning Code'and anybther applicable City,: State and Federal regulations.;Approvafdoes not inGude anyaction or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Page 7 i ATTACHMENT - ITEM N0. 7 RESOLUTION NO. PC2001-71 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04361 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petitiori for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of Galifornia, described as: PARCELS 3 AND B AS SHOWN ON A MAP FILED IN BOOK 222, PAGE 37 TO 41 INCLUSIVE, OF PARCEL MAPS, AND AS AMENDED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED DECEMBER 15, 1989 AS INSTRUMENT NO. 89-680795, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 4, 2001 at 1:30 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 18.03, 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 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 use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.44.050.135 and 18:84.062.030:032 to construct a 3-unit commercial retail center with roof-mounted equipment. 2. That the proposed use, which is located in the "CL(SC)" (Commercial, Limited-Scenic Corridor Overlay) zone, will .not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and that the commercial retail center, as conditioned, will not adversely affect the adjoining commercial and residential land uses nor the growth and development of the surrounding area 3. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; and that, as designed, the proposal will protect the peace and privacy of the multiple-family neighborhood to the south: 4. That the traffic generated by the proposed commercial retail center will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate parking is provided and there are sufficient driveways to serve the site. 5. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition, CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 32, as defined in the Stale of California Environmental Impact Report (EIR) Guidelines and is, therefore., categorically exempt from the requirement to prepare an EIR. CONDITIONAL USE PER~f7 ~o ~oc~ ~-~S'3~,1 CR5101 pk.doc -1- .~~ ~~~ ~ ~~ ~ I C2001-71 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the maximum number of tenant spaces in this commercial retail center shall be three (3). 2. That a letter requesting termination of Conditional Use Permit No. 2846 (to permit a 57.5 foot high, 150 room hotel/motel on Parcel No. 3 of Parcel Map No. 86-333) shall be submitted to the Zoning Division. 3. That no convenience market andlor retail sale of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 4. That no video, electronic or other amusement devices shall be permitted on the premises. 5. That all public phones shall be located inside the building. 6. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 7. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 8. That no outdoor vending machines, which are visible to a public right-of-way, shall be permitted on the property. 9. That signage for subject facility shall be limited to one (1) wall sign per tenant not be exceed ten percent (10%) of the total area of the face of the tenant unit; and that there shall be no signage on the canopies. All wall signs shall be designed and installed to look uniform. 10. That there shall be no outdoor storage permitted on the property. 11. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable to adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sizes clinging vines planted on maximum three (3) foot centers. or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 13. That an on-site trash truck turn-around area shall be providedn accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits 14. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 15. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easements along/across primary underground cables and around the pad-mounted transformers when the electrical design is completed. -2- PC2001-71 That any required re-location of electrical poles shall be paid by the property owner/developer. - .- 17 hat because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. 18. That all backflow equipment shall be lbcated above ground outside the required street setback area in a manner fully screened from all putilic streets and highways. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the required street setback area in a manner fully screened from all public streets and highways. Said information shall be specifically shown on plans and approved by Water Engineering and the Cross Connection Control Inspector prior to submittal of plans for building permits. 19. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos: 436, 602 and 607 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Said information shall be specifically shown on the plans submitted for building permits. 20. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 21. That three (3) foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on the plans submitted for building permits. 22. That final elevation plans shall be submitted to the Zoning Division for review and approval. There shall be two (2) fully designed and completed towers, incorporating full the roofs. One (1) to be loca~ad on the north end of the building and one {1) on the south end of the building, and the canopies shall be redesigned to be more complementary to the design of the building. Any decision by the Zoning Division may be appealed to the Planning Commission as a "Reports and Recommendation" item. That final landscaping plans shall be submitted to the Zoning Division for review and approval. Said plans shall incorporate minimum twenty four inch (24") box sized trees and shall include additional trees in the north and east landscaping planters. The landscaping plans shall comply with parking lot landscaping requirements including the minimum planter dimensions and required number of trees. Any decision by the Zoning Division may be appealed to the Planning Commission and will be considered as a "Reports and Recommendations" item. 24. That all roof mounted equipment shall be screened from view of surrounding properties and public rights-of way; and that all roof mounted equipment shall be painted (or re-painted) and maintained to blend with the roof. Said information shall be specifically shown in the plans submitted for building permits. 25. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Said plans shall identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate city departments. -3- PC2001-71 26. That subject 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 Exhibits No. 1, 2 and 3, as conditioned herein. 27. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 11, 12, 13, 15, 17, 18, 19, 21, 22, 23, 24 and 25, above-mentioned, shall be complied with. Extensions for further time tc complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 28. That prior to final building and zoning inspections, Condition No. 26, above-mentioned, shall be complied with. 29. 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 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. 4, 2001. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June IOriplnnl alQnet! by John coo®) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Eleanor Fernandes) SECRETARY. ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) _ COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adapted at a meeting of the Anaheim City. Planning Commission held on June 4, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBIL' NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of __, 2001. (Orlglnal signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-71