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PC 2003/04/07CITY OF ANAHEIM ... _. PLANNING COMMISSION ADEN®A APRIL 7, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California r CALL TO ORDER PLANPlING COINMISSION MORNING • PRESENTATION BY THE-PUBL-IC WORk ON°THE•CITY-tNIDE RAISED,MEDIAIJ,ISI STAFF I IRIIATF T(T-f`GIPAMIRRI(1N"(1N\7 • YKtLIMINHKY F,'LHN-tttV).tw rUK-I1 tMJ UN I tit:fiF't aye , , f ti' RECESS TO AFTERNOON PUBLIC HEARING SESSION + +; RECONVENE TO PUBLIC HEARING A:30'P.M. For record keeping purposes, if you.w(sh to make a~statemeht,regardmg a complete a speaker card arld sribm/t /tto.the secretary. ;" PLEDGE OF ALLEGIANCE ~~~ t ~- • ..- PUBLIC COMMENTS -" ._ -, ,.,~t_. , CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:\DOCS\CLERICALWGENDAS/040703.DOC lanr JAMES VANDERBILT <; the agenda, please ---------------•------------------------~I iinacom mission(c~anaheim. net 04-07-03 Page 1 RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Items 1-A through 1-D 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. REPORTS AND RECOMMENDATIONS A. a) GENERAL PLAN CONFORMANCE NO. 20D3-00024- OFFICE SPACE: Linda Berry, County of Orange Probation Department, 909 North Main Street, Suite 1, Santa Ana, CA 92701- 3511, requests to determine conformance with the Anaheim General Plan for the continued lease of office space to the County of Orange Probation Department. Property is located at 160, 306, 310, and 312 West Cerritos Avenue. B. Receiving and approving the Minutes from the Planning Commission Meetings of March 10, 2003. (Motion) C. Receiving and approving the Minutes from the Planning Commission Meetings of March 24, 2003. (Motion) Project Planner: (twh iteCai7anaheim. net) sr1141 tw:doc Q.S. 87 04-07-03 Page 2 PUBLIC HEARIidG ITEMS: 2a. CEQA NEGATIVE DECLARATION 26. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2002.04628 OWNER: Ronald P. Beard Trustee, 5120 Birch Street, Suite 120, Newport Beach, CA 92660-2153 AGENT: Jim Todaro, The Consulting Group, 5440 Trabuco Road, Irvine; CA 92620 LOCATION: 1216-1254 South Magnolia Avenue and 2424 West Ball Road. Property is approximately 7.7 acres located south and east of the southeast corner of Ball Road and Magnolia Avenue. To establish conformity with existing zoning code land use requirements for an existing commercial retail center and to permit a telecommunications antenna and accessory ground-mounted equipment with waiver of maximum structural height within 150 feet of asingle-family residential zone boundary'. 'This waiver has been deleted. Project Planner: (vnorwood(a)anaheim.net) Continued from the January 13, January 27 and February 10, 2003, Planning Commission meetings. sr8578vn.doc Q.S. 29 CONDITIONAL USE PERMIT RESOLUTION NO. 3a. CEQA NEGATIVE DECLARATION Request for 3b. WAIVER OF CODE REQUIREMENT continuance to 3c. CONDITIONAL USE PERMIT NO. 2003-04665 April 21, 2003 OWNER: Kenneth B Isenhart, 302 South Benwood Drive, Anaheim, CA 92804 AGENT: Karen Isenhart, 302 South Benwood Drive, Anaheim, CA 92804 LOCATION: 302 South Benwood Drive. Property is approximately 0.19-acre, located at the southeast corner of Academy Avenue and Benwood Drive. - To permit and retain an attached second unit in conjunction with an existing single-family residence with waiver of minimum side yard setback. Continued from the March 10, 2003, Planning Commission meeting. Project Planner: CONDITIONAL USE PERMIT RESOLUTION NO. vnonvood(a)anaheim.net) sr8583vn.doc Q.S. 13 04-07-03 Page 3 4a. 4b. 4c. 5a. 5b. AGENT: Leon Alexander, Briggs and Alexander, 558 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. Continued from the March 24, 2003, Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. OWNER: Rachael Moorhead, FJS INC., 1030 WestKatella Avenue, Anaheim, CA 92802. AGENT: Paul Sanford, The Anabella Hotel, 1030 West Katella Avenue, Anaheim, CA 92802 LOCATION: 1030 West Katella Avenue. Property is approximately 6.8 acres, having a frontage of 470 feet on the south side of Katella Avenue, located 190 feet east of the centerline of West Street (Gift Cachet at the Anabella Hotel). To permit sales of beer and wine for off-premises consumption within an existing gift shop. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. Project Planner: (avazguez(a~ an a hei m. n et) sr8575av.doc Q.S. 63 Project Planner: (ski m Cad ana hei m. n et) sr8574sk:doc O:S. 77 04-07-03 Page 4 OWNER: Yong Sub Kim, Thomas Liquor, 1015 West Orangethorpe Avenue, Fullerton, CA 92833 6a. CEQA NEGATIVE DECLARATION 6b, WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2003-04673 OWNER: Lewis R. Schmid, 1725 South Douglass Road #C, Anaheim, CA 92806 AGENT: Nora Phillips, 1725 South Douglass Road #C, Anaheim, CA 92806 LOCATION: 1725.1751 South Douglass Road. Property is approximately 3.3 acres having a frontage of 750 feet on the west side of Douglass Road, located 448 feet south of the centerline of Katella Avenue. To permit and retain industrially-related office uses within an existing industrial complex with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: favazguez(7a.anaheim.net) sr8581 av.doc Q.S. 127 ADJOURN TO MONDAY, APRIL 21, 2003 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. 04-07-03 Page 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCgIL DISPLAY KIOSK SIGNED: ~ '(- If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL 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 filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning pepartment, (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 i Automated Telephone System at 714.765-5139. 04-07-03 Page 6 ~CE-IE®1.9~~ 2003 APRIL 21 MAY 5 MAY 19 JUNE 2 JUNE 16 JUNE 30 JULY 14 JULY 28 AUGUST 11 AUGUST 25 SEPTEMBER8 SEPTEMBER 22 OCTOBER 6 OCTOBER 20 NOVEMBER3 NOVEMBER 17 DECEMBER1 DECEMBER 15 DECEMBER 29 04-07-03 Page 7 ITEM ft0. 1-A °~- ~ ~ uouoR z STORE ~ m RS-A-43,000 I R6-A- ~. ,. .. ,. RCL 82-63-22 ~ 43,000 GOLDEN SKIES 56-57-92 LTA I CUP 2697 MOBILEHOME PARK I CUP 253' O RCL a&89.4: I r 66-67-36 tTl 66-67-14 60-61-113 1050' ~ BURGERS C 55.56.19 5455.42 CL ~ RESTAUR CUP 2002-04611 0 J v~ i ~ f - CUP 2002-04610 ~ > '~ '"rx`' ~'~ ~/i RCL 2000-00023 ~ '. In / ~ 4 ~ ~ sr' ~ 89 Of lnl io 1, ~ . ~ pyr~.~o < ~ r `> ~ SABC Overlay Zone) r .,' Y ,-;,'" GVbA p~~p'I°' '~ fi'tri' z 3 c~ ~ ,? r l RCL 78-79-02 r ~ ' r .=v ,~ ~,%' JQ,yCA~'y~0't~q,~o<Al' ~'' a j ii.: rl/ ~wE 57-56-16 err y~r~ c' i y ~ ;. O B b ~ a oti J f^z`: CUP 3738 ,~ ~~ G~CD'¢~ a~~• '... a: 9e x,'r; .CUP 3350 r N < ;r/ 11 i . . ~ pQOt~A Sg,51`yH0 ~`"'~ '~ 3>''b t'i i ? y CUP 2374 ~ ?:, K., JF.: ~.v~ gi S P y~JQ ^r~''"~gy „ ~ ;; CUP 2326 z-,'; CL ~< G Q "~ Oyyh 'f r CUP 1849 J=' CUP 2002-04611 ? G~JQ M gA g ;, ~ ~ CUP 1589 ~r ~ CUP 2002-04610 y. Qj OI;JJQ~'3`L~,9 ~''~ ,z ~~F: VAR 31665 ~ '< RCL 2000-00023 , p y t, VAR 3025 S ', (Ras of Int. la y ~ 92P OG BQ ~~yyys ,yp, GPC 2003 00024 ;, " SABC Overlay Zone) °o ti ~ 9 ~~y ,,AA ANAHEIM s J CUP 3736 z ` Sys ~l Jp4' `~ ,y~~p ~ BUSINE§5 PARK ,: CUP 3350 ~ ~' .1Pgt-CP 4. y`' v CUP 2374 `~~p ~~fi ~.~gops~~~~~-1r'` CERRITOSAVE '<r GPC2o9aoo924 ~L~ ~~ y Q~ 3ey.- ., , :_:. .~ ANAHEIM ,,~N.~'~' > CL ' BUSINESS PARK '~jJ- 'E s"'yzz'-'. CUP 2002.04611 CUP 3350 k Jh.. k ~ ' ~' y~ ~ v r -Y ~J',~''~.,~j RCL 2000-00023 CUP 2326 ~r ~ `~E~yv~"`z'~ y~ 9~ ,~ (RasaLlnllo CUP 1849 sr ~~; ~ Jz ~ ~/ x^ ~~ -'~ SABC Overlaq Zone) CUP 1599 ~ ~ ~ ry ~ 4> f JJ RCL 78-79-02 VAR 31865 it S .- >f~y%- SP 92-2 ~ ~--~~ CUP 3736 GP 003-0 02 ~~~ ~ ~ ~~ :r,.:3 RC~ 66-67-61 (~ ~j~~ VACANT ALRO WAY ML 57-58-16 6E CUP 2271 Sc CUP 820 SP 92-1 VAR 3444 S RCL 66-67-61 106) SP 92-1 VAR 3167 S CUP 206 RCL 77-78-58 VACANT LEA, BAKERY RCL 66-67.61 (108) BI CUP 2964 SP 92-1 VAR 3009 V-730 CL fib-67-61(108) DIST. CHILDRENS CENTER STORE ` General Plan Conformity No. 2003-00024 ~~ Subject Property Date: April 7, 2003 Scale: 1" = 200' Requested By: COUNTY OF ORANGE PROBATION DEPARTMENT Q.S. No. 87 REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE CONTINUED LEASE OF OFFICE SPACE TO THE COUNTY OF ORANGE PROBATION DEPARTMENT. 160, 306, 310 and 312 West Cerritos Avenue s4a ATTACHt1ENT - RbR ITEM 1-A STEPHANIE LEWIS CHIEF PROBATION OFFICER ~~ PROBATION DEPARTMENT TELEPHONE: (714) 569-2000 909 N. MAIN STREET, SUITE 1 SANTA ANA, CA 92701-3511 MAILING ADDRESS: P.O. BOX 10260 SANTA ANA, CA 92711-0260 Ms. Mary McCloskey, Deputy Planning Director City of Anaheim 200 S. Anaheim Boulevazd Anaheim, CA 92805 SUBIECT: GENERAL PLAN CONFORMANCE -Anaheim Business Campus Deaz Ms. McCloskey: The County of Orange {County) intends to enter into two new three-yeaz leases at the Anaheim Business Campus for the continued operation of the Probation Department's North Orange County Youth and Family Resource Center. (see enclosed map) The County plans to continue leasing 9,563 squaze feet at 160 W. Cerritos Avenue, and will reduce the space it occupies in Building 7 from 10,125 squaze feet to 7,364 square feet within 306, 310 & 312 W. Cerritos Avenue. Each three-year lease will contain two one-year options for the County to extend the terms of the leases. The Youth and Family Resource Center will continue to provide daily educational instruction, counseling services and vocafional guidance to youths on probation. As required by Government Code Section 65402, please determirte if the proposed use is in conformance wikh the General Plan of the City of Anaheim. To simplify processing, please check the appropriate space below, sign, date and return this letter to me. If you have any questions, please feel free to contact me at (714)937-4747. Thank you for your attention to this matter. Sislcerely, 0..~1< ~2~1/N'X ~ea~P operty Agent (/ DETERMINATION: _ Yes _ No The County's lease of office and classroom space to operate the Probation Department's North Orange County Youth & Family Resource Center is in conformance with the Geueral Plan of the City of Anaheim. City of Anaheim Enclosure Date cc: Dave Morgan, City Manager Mazch 11, 2003 ATTACHMENT - R&R ITEM 1-A r N N N N n `5~ ~P Pj ~~ yP `/ -i m b -~ ~I BILL PD SDIrtNB0UN0 PWY EYIT _~ ~___ _"~E p~ / DISNEYUxO \\L OEnnrtos AVE - .; ~ ~ ANANEIY NONTN90UND iWK EiR ANEN.1 1 iflEEDN4N - WAY. KpiELU AVE ANIHE14 ~i~' ~~y CONVENTION ', Fey Q ! N . LENTEN BK`o AHANEIN ONANDEWOOD pVE ~ SLDIUN cl _ N ~ r V rJ\ O ` CXpPNAN AVE I CNISLII ! OMEORIL p\ uNP50N AVE.' / GANOEN GNOVE FNT 10~ ~~ /~ ~~~ `/siu wee;.. ~I ~'S., _ i~ "a„ t t a `'q aF ,-E,' ~~/ ••\ _ 6D6 _ 91 .,. 5 a06 a m" ~.~ 91 e L 6] ~'~ 22 ` 55 •moc ace.. ~ .~ ~4 IaUS .o.~-. ~ LOCATION' N1AP ITEM N0. 2 LL1 CL ~ RCL 57-56-5 = Z CUP 3030 N < ' W ` n w RS- /200 6sfia+9 ~ (, UP 642 y ~ (Res. of Ie+eel b CL) Q CUP 339 ~ ^ fia6+r4 CUP 129 Res. of lnlenUO CL) Q SHOPS es fia z9 O - fi+-fi2-W (Ras. of Inlen+b CH) Z 8081.44 (!~ CL CL CUP 825' V-2609 ' Q ROL 58! RCL 69-65-31 OFFICE euO.OINC ~ cuP e CUP 1749 RES' MUFFLER SHOP RM-12U0 89-65-5 RS-A-03,00 80.61-19 SUB- 73.74-51 I STATION V-3424 CITY OF APTS. grygHEIM U CUP 3040 RS-7200 1 DU EACH CL CL CL CL 57-56-14 m n CUP 2444 "' ~ N /AR 2259 5 w a fO I REST. U ~ U ~ ~ ~--- 373' CL RCL 64-fi5-32 VAR 2691 FIRESTONE TIRE ~R 1110 U 3 w _ _ = ° x w 00 _00 oU I - w ~ n ~u nw ~o ~o ~o i-7200 RS-7200 R 1275 VAR 1072 BALL ROAD RM-1200 RM-1. RCL 64-65-37 RCL 64- VAR 1662 VAR 1 APARTMENTS RM zao9 CL eo-e1.46 60-61-83 7a-7as+~ CUP 200204626 ~V32z9 V-2592 coNOO ~ ~ CUP 159 CUP 337)) . ` z9 ou ~ - ~ (CUP 1101^ c f ° ~~ MAGNOLIA SQUARE ' RsA-4a.o9a 7a7sn u i : m ~ ' SHOPPING CENTER ; ; , . ~ RS A43,000 (Ras. a/~A b RM-1209) ?; ' MAGNOLIA HIGH SCHOOL ~ N W ' RS-A-03.000 CUP 961 PRIVATE SCHOOL I 1 00 RS-A-43,000 LOLA AVE I T-CUP 2 2-09836 MAGNOLIA HIGH SCHOOL ( CUP 3088 I CUP 3783 CORONADOSOUARE 5 OPPINGCENTER Conditional Use Permit No. 2002-04628 Subject Property Date: January 13, 2003 Scale: 1" = 200' Requested By: RONALD BEARD P TRUSTEE Q.S. No. 29 REQUEST TO ESTABLISH CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS FOR AN EXISTING COMMERCIAL RETAIL CENTER AND TO PERMIT A TELECOMMUNICATIONS ANTENNA AND ACCESSORY GROUND-MOUNTED EQUIPMENT WITH WAIVER OF MAXIMUM STRUCTURAL HEIGHT WITHIN 150 FEET OF ASINGLE-FAMILY RESIDENTIAL ZONE BOUNDARY. 1216 - 1254 South Magnolia Avenue sea Staff Report to the Planning'Commission April 7, 2003 :Item No. '2 2a. CEQA NEGATIVEbECLARATION (Motion) 2b. ` WAIVERAF CODE-REQUIREMENT (Motion) 2b. 'CONDITIONAL USE PERMIT N0: 2002-04628 (Resolution) , i SITE LOCATION AND DESCRIPTION::: (1) This irregularly-shaped 7.7-acre. property is located south and east of the southeasfcorner of Ball Road and Magnolia Avenue, having frontages: of 373 feet on the south side'of Ball :Road andi560 feet on the east side of Magnolia Avenue (1216-.1254 South Magnolia Avenue and 2424 West Ball Road). REQUEST: (2) The petitioner requests approval of a conditional use permit under the authority of Code Sections 18.44.050.135 and 18:44.050:330 to establish conformity with existing zoning code land use requirements for an existing commercial retail center and to permit a telecommunications antenna with accessory ground-mounted equipment with waiver of the following: SECTION NO. 18.44:062.011 Maximum structural height within 150 feet of a sinole- familv'residential`zone boundary: (DELETED) BACKGROUND: (3) This item was continued from the January 13, January 27, and February 10, 2003, Commissioh meetings. During he Commission meeting of January 27, 2003, the Gommissidh expressed concerns with the'proposed Tocation of the clock tower and recommended that the project be redesigned to better integrate into the commercial center. (4) This property is developed with an existing' non-conforrning commercial retail center built in .1958, is zoned CL (Commercial,', Limited) and is located within the West Anaheim Commercial Corcldors Redevelopment Project Area 'The City of Anaheim GeneralPlan Land Use Element Map designates this property for General Commercial land uses.i (5) Surrounding land uses are as follows: Direction Land Use ..Zoning :General Plan Desi nation North (across Ball Auto Repair and Fast Food + CL General Commercial Road) Restaurants North and West (adjacent to subject Auto Tire Shop CL General Commercial roe ) East Apartments and High School RM-.1200 and ' Medium Density RS-A-43,000 ' Residential and High <School Site South Commercial'Center CL General Commercial RS-A-43,000, CL, West (across Utility Substation, Liquor RM-3000 & Utility Facjlity & General> Magnolia :Avenue) Store; Condominiums and'. RS-A-43,000 ' 'Commercial Private School srB578m.doc Page 1 Staff Report to the Planning Commission ' April 7, 2003. Item No. 2 " PREVIOUS ZONING'ACTIONS: ((i) The following`zoning actions pertain to this property: (a) Administrative Adjustment No. 92 (waiver of minimum number of parking spaces to establisfi a 4,292 square fooYrestaurant`and bakery shop at2424 West Ball Road) was approved by the Zoning Administrator on September 15 1994. (b) Conditional Use Pefmit No. 1586 (to permit on-sale beer and wine in an existing restaurant at 1228' South Magnolia Avenue) was approved by the Planning Commission on December 22, 1975). (c) ,Conditional Use Permit No. 159 (to establish awalk-up restaurant at 1254 South Maonolia Avenue) was approved by the;Planning £ommission on September 18, 1961. This permit is not being exercised' and should be terminated. PROPOSAL: (7) The petitioner proposes to establish land use conformity for a commercial retail center ' constructed in 1958, prior to the Code provision requiring a conditional use permit for such centers. This: proposal also includes a request to permit a telecommunications facility including ground-mounted accessory equipment. Commission should note that due to a change in the information contained on the plans, all new exhibits have been submitted ' (8) Thepetitioner proposes to construct a 50-foot high faux clock tower telecommunications facility consisting of three, (3) sectors with two (2) panel antennas oh each sector for a total of 6 antennas contained within the clock tower. The panel antennas would be 6' high by 8" wide and 2'/" tleep. This;~equest also includes ground-mounted accessory equipment .enclosed within the tower. r ~- r~ ., d ~F ~~~~'~ r a~ ~ ~ ~ ~`a ~ r r ~, .~~''~` x ~ rsSr~~fi'~'~ xf'~ ~u ~--Gr "'.~^c-.,"~ ,-` va.-~' ;~,Y~N ` ~: k r ur Lootion of proposed ~ ~. telecommunications clock ~"'~~ w° ~ "` _~ . tower. _ ~ '> ~ t ~; ..;~. r.. a I ~"' ~.~_ ~ - ~ l ~~l ~y ~ ~ t~ ~ .~ ~ 2 ~3 North view of proposed location for telecommunication clack tower and ground mounted equipment sfielter. Page'2 Staff Report to the ' Planning` Commission ;.April T, 2003 Item No.''2 (9) The revised site plan (Exhibit No. 1) and equipmenYlayout plan/enlarged'site plan (Exhibit No. 2) indicate the proposed clock tower has been relocated from the original location in he rear of the retail center to the Ball Road frontage near the west driveway entrance into the commercial center. The clock tower would be setback 40 feet from the property Tine adjacenfto Magnolia Avenue.'The site plan further indicates a'255 square foot equipment 'room located withinthe base of the clock tower containing three (3) basetransceive~ stations{BTS) measuring 5'4":high by 2'5'I deep andl2'5" wide'and two batteries measuring 2' wide and 1'S" deep. (10) The site plan indicates no landscape settiack adjacent to Ball Road, three intermittently paced landscape planter areas adjacent o Magnolia Avenueand no landscape planters within the parking area. No new landscaping is proposed with'this request except for a ' landscape'planter of the base of the clock'tower. Current Code requiresa 10-foot wide landscape.. setback adjacent toBall Road and Magnolia Avenue planted with one tree for ?every 20 feet of street frontage for a total of 19 trees'on Ball Road and 28 trees on Magnolia Avenue. Structural setbacks areas indicated in the following chart: '.Direction Existing Building'Setbacks Code Required Building;.. Setbacks North (adjacent to :200 feet with no landscaping ; 10 feet fully landscaped Ball Road East (adjacent to ` 40 feet with no landscaping 10 feet fully landscaped A artments : 'South (adjacent to 20 feet None commercial buildin s West (adjacent to 10 feet to the Americana 10 feetfully landscaped Magnolia Avenue) Restaurant with some landscaping and 320'feet to the retail shops with some landsca in' Staff Report to the Planning Commission April 7, 2003 Item No. 2 (11) The site plan'indicates vehicular access via two existing driveways on Ball Road and four existing driveways on Magnolia Avenue. Plans indicate 469 existing on-site'parking spaces. Code requires'446 spaces for the entire commercial center based on the following :chart: Area Minimum Number Use (Business ~ Address) (Square Feet) Code-Required Parking. of Spaces Ratio Re wired Chia Mazket 1216 S. Ma oIia Avenue 28,605 5.5 er 1,000 s.f. 157.7 Best Value Video 1226-A S. Ma oIia Avenue 3,000 S.5 er 1,000 s.f. 16.5 SuperThrift 1226-B S. Magnolia Avenue` ! 3,000 5.5 per 1,000 s.f. 16.5 Bakery 1230-A S. Ma oIia Avenue' ' 3,447 5.5 er 1,000 s.f. 18.9 Shoe: Repair 1230-B S. Ma oIia Avenue ' ' 300 5.5 er 1,000 s.f. i 1.6 Vacant 1232-A S. Ma nolia Avenue` '.1,300 5.5 er 1,000 s.f. ! 7.P 7 Dias Bargain 1232.5. Ma nolia Avenue :7,664 5.5 er 1,000 s.f. 42. F BookBazon 1234 S. Ma o]ia Avenue 19,637 5.5 er 1,000 s.f. 108.0 Pharmacy 1240 S: Ma oliaAvenue (1,140 5.5 er 1,000 s.f. '6,2 Healthy Start Center 1242 Si Ma oliaAvenue '1,140 5.5 er 1,000 s.f. 6.2 ? Music Baron 1244 Si Ma oliaAvenue '.1,020 5.5 er 1,000 s.f. 5.6 Bazber 1246 S Ma oIia Avenue d 660 5.5 er 1,000 s.f. 3.6 JR Income Tax 1248 S Ma oIia Avenue 900 4.0 er 1,000 s.f. 3.6 Medical Clinic 1250 S Ma oIia Avenue '.1,500 6.0 er 1,000 s.f. 9.0 Donuts! 1252 Ss Ma oliaAvenue 900 5.5 er 1,000 s.f. 4,g j The. Water Store 1254 S>Ma oIia Avenue :1,200 5.5 er 1,000 s.f. 6.6 Taco Taco 1256 S Ma oIia Avenue .1,393 8:0 er 1,000 s.f. 11,1 Americana Restaurant 1228 S' Ma oliaAvenue 2,516 8:0 er 1,000 s.f. 2p,1 Kiosk > 88 r 5:5 er 1,000 s.f. r.4 Totals 79,410 446 (12) The elevation plans (Exhibit No. 3) and photographic simulations (Exhibit No. 4) indicate the existing one-story commercial center buildings are a:maximum'of 19 feet in height and have a white stucco finish with green and tan trim. Page 4 Staff Report to the Planning Commission ,,April 7, 2003 i Item No. 2 (15) Photographs indicate sign cabinet areas fpr individual tenant spaces. Code requires that wall signs hall not exceed 10 percent of the area of he face of the building to which such `sign is attached. Most signs appear to meet currentsign codeTequirements however, staff is concerned that the bakery sign at 1230;South Magnolia Avenue exceeds the size; ' 'requirements. ENVIRONMENTAL IMPAGTANALYSIS: (16) The Staff has reviewed the proposal and the Initial Study (a copy of whicfi' is available for {eview in the Planning Department) and finds no significant environmental impact and, .'therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration effects the independentjudgment of the lead agency; and'that it has`considered the proposed 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 thereiis no substantial evidence that the project will have a significant effect on the environment: GROWTH MANAGEMENT: ELEMENT ANALYSIS: (17) :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 City 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,[no analysis has been pertormed. EVALUATION: (18) This item was continued for the petitioner to explore relocation of the faux,clock tower toward the front of the property to better integrate the structure with the retail centerand to minimize impacts upon adjacent residents; (19) The existing center was constructed prior to the Code provision: requiring a conditional use permit fore commercial retail center and therefore, is anon-conforming land use. Code .'provides that "while anon-conforming use'exists omany lot, no other use shall be permitted] even though such other use would be a conforming use ° Therefore, the ,petitioner is requesting approval of a conditional use permit to establish conformity,for the 'center. (20) Communications facilities and antennas, including monopoles, are permitted in the CL zone 'subject to the approval of a conditional use permit. The Code also states that the heights of the antennas are to be determined bytfie conditional use permit. (21) The requested waiver pertaining to maximum structural height within 150 feet of a single- familyresidential zone boundary has beeri deleted as a result of the new proposed location of the clock tower Therefore,'staffrerommends denial of this waiver. (22) Code Enforcement Division records indicate no pending violations for the'retail center. Staff hasobserved that roof-mounted equipment is either improperly screened (as shown in the photograph on page 5) or not screened at all. Abondition of approval has beenadded requiring appropriatescreening?of all roof-mounted equipment. Page 7 Staff Report o the Planning Commission April 7, 2003 Item No. 2 r ~ ~ ~~~ ~ ~ r . ~ ~ '"`' ice' sue,, ~M ~ ~~ ~~T.-~ s- 1 `~i.,l' % h r ~4~. 3 Az ~, `a f= s / ~ '` 'l j ~.' ~;~F~A2z`~-.~.,~.d_`uY~~i'.L~~^'. ~} .p 6 f p r ~~ ~.~'~ ~~,,,'"~,12~' -rte" :w": 4 ~ - r sf f ~ r / ,: .~'~[ r e.~ r y..: ,,, r ., r ,:- t r "~z's~ r-"~` s ~~ t~r~E Ea f _ ~ j s r ~~°~'~%x'~~~~^ x ~ ... A 1 Yv,! ~ > ~ ~ ~a ~~i - ~ .. "~ ~ a, S ~ r`+-x ~ ~ ~ ~ ~ ~~ _ .~,,, ~~~, ,y t a'rc' i' ~ ,~'&'a,~,.e~, F,f ~ 5 ~".~"'^`;r' ,a' '~..-'s,~-~'~k `~ '~ r ~, `" Recycling facility located near the northwest quatlrant of the property: (23) The petitioner's supplemental information statement indicates that"a search ring was identified centered on the intersection of Magnolia Avenue and Ball Road extending north to Lincoln Avenue, south to KatellatAvenue, east to Brookhurst Street and west to Beach Boulevard. The petitioner has indicated thaffour alternative sites were considered for his facility but this+location provided the desired coverage. These sites included`800 South: Brookhurst Street (radio frequency determined to be insufficient},;800 South Beach Boulevard (insufficient ground space to support an additional facility), 720 South Magnolia Avenue (unable tp secure lease), and 2459 West Ball Road (no response received from the letter of interest). (24) The'Planning Department continues to discourage unscreened telecommunication facilities due'to the significant cumulative visual impact on the community as a whole. Staff feels thaf"stealth" installations are the best alternative to decrease visual clutter and advance the'aesthetic quality of the community. (25) The Commission approved a similar request fora 50-foot high faun telecommunication clock tower at 3440 West Lincoln Avenue (CUP No. 2001-04363)..: Staff continues to believe that this method of concealing telecommunication antennas is acceptable provitled the context is appropriate, the design is complementaryto existing''structures and the materials used are of tfie highest quality. Page' 8 Staff Report to the Planning Commission :April 7,..2003 Item No. 2 (b) That the proposed use will'not adversely affect the adjoining land uses and the growth and development of the area in which it;s proposed to be located; (c} That the size and shape ofahe site for the proposed use is adequate. to allow the full development of the proposed use in a manner not detrimental tothe 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 permit under the conditions imposed, ifany, will not be detrimental to the peace, fiealth, safety and general welfare of the citizens of the City of Anaheim. RECOMMENDATION: (29) Staff recommends that unless additional or contrary information is received tluring thel meeting, and'based upon the evidence submitted to the Planningl;Commisson, including the. evidence presented iin this staff report, and oral and, written evidence presented at the public hearing that Planning Commission take the following actions: (a)', By motion, a rove a CEQA Negative Declaration. (b) By motion, deny the waiver'pertaining;to maximum structural height within 150 feet of asingle-family residential zone boundary because the waiver has been deleted. (c)>~ By resolution, approve. Conditional Use Permit No. 2002-04628 (to establish land use conformity with existing Zoning Code land use requirements for an existing` commercial center and to permit a telecommunications antenna and:accessory ground-mounted:equipment) based on the following: (i) That the commercial retail center is a permitted use in the CL zone sutiject to approval of a conditional use permit;'and further the faux'clock tower telecommunication.facility as`conditioned herein, would not adversely affect adjoining land uses:and would not be detrimental to the peace, health, safety and general. welfare ofahe citizens of Anaheim (ii} That the'size and shape of the site for the proposed use is adequate to` allow the full development of the proposed use ima manner not detrimental to the particular area nor to the peace, health, safety,`and geheral welfare; (iii) That the proposed faux clock tower telecommunications facility is consistent with the'goal of concealing such facilities from putilic view byusing existing or proposed architectural features that complement the site and surrounding area. (iv) That the traffic generated by the proposed use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area r Page 10 Staff Report to the Planning Commission April? 2003 Item No.'2 THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS °AN INTERDEPARTMENTALCOMMITTEEANDARE-RECOMMENDEDFORADOPTION BY THE PLANN'INGCOMMISSION IN THE EVENT THIS PERMIT IS`APPROVED. Telecommunication Facility Conditions: 1. iThat the proposed telecommunications facility, consisting of a 50-foot high architectural faux clock 'tower, including three (3) sectors and a total of six (6) panel antennas and ground-mounted equipment within the base of the clock tower shall. tie permitted for a period of five'(5) years to expire c%on April 7 2008. 2. ' That no signs, flags, banners or any other form of advertising or identification shall be attached to `the clock tower. 3. ':That the architectural faux clock tower shall be finished with colors and materials that resemble a real i clock tower and match or complement the existing commercial center. Additional enhancements and architectural features shall be incorporated into the design of the clock tower. Said information shall be specifically shown on planssubmitted for building permits and shall be reviewed and approved by `the Zoning Division.; Upon completion of the clock tower, an inspection shall be conducted by the Zoning bivision to determine whether the'colors and materials used are compatible`,with the commercial centerand resemble a real clock tower::: Any decision made by the Zoning Division I regardingShe exterior finish of the structure may be appealed to the Planning Commission and/or City Council. 4. PThat any lighting of the tower shall be specifically shown on plans submitted for building permits. 5. 'That the ground-mounted equipment shall be located entirely underneath and enclosed within the :'faux clock'tower and the cable: connecting tc the equipment shall be underground and shall not be :visible to the public. !.Said information shall be specifically shown on plans submitted for building ' permits. 6. That all equipment, including supply cabinets and power meter.. shall be installed on private property and shall be screened from public view, as approved by the Zoning Division. Said'informatiorrsholl be specifically shown on plans'submitted.for building permits. 7. `That the clocks on the tower sftall be operable and maintained`in "like-new" condition. 8. That the portion of the property,being leased to the communication provider shall be permanently (maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and `debris, and removal of graffiti withintwenty-four (24) hours from time of occurrence': 9. 'That the Operator sfiall ensure hat its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of'Anaheim to'provide adequate spectrum capacity ' far Public Safety and related purposes. 10.:That at alt imes, other than during the 24-hour cureperiod provided in Condition Nb. 12 below, the Operatorshall not prevent the City of Anaheim from having adequate spectrum capacity on the City's 800 MHz radio frequency. 1 L That before activating its facility, the Operator shall submit to apost-installation test to confirm'that the facility'does nofihterfere with the City: of Anaheim's Public Safety radio equipment. This test will be conducted by the Qommunications Division of the OrangeCounty Sheriffs Department or a bivision-approved contractor at the expense of Operator. Page 11 Staff Report to the Planning Commission' April 7, 2003 Item No. 2` 12, That the Operator shall provide a 24-hour telephone number to the Zoning;Division (to be forwarded to the Fire and Police Departments) to which interterehce problems may be reported; and shall resolve all interference complaints within 24 hours. 13. That the Operator shall provide a"single point of contact" in its Engineering and Maintenance Departments to ensure continuity' on all interference issues. Tfte name, telephone number, fax; number andfe-mail address of that person shall be provided to:Zoning Division. 14. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit: 15. That should this telecommunication facility tie sold, the City of Anaheim Zoning Division shall be' notified within 30 days: of the'close of escrow. 16. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. Commercial Retail Cente[Conditions: 17. That all public telephones (existing or proposed) shall only be located inside the buildings. 18. That roof-mounted balloons or other inflated'devices shall not be permitted on the property. 19. That no vending machines shall tie located on the property which: are visible from the public right-of- way. 20. That 4-foot high address numbers shall be displayed on the roof in a contrasting colorto the roof material. The numbers hall not tie visible from the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Service Division approval. 21. That any existing or proposed roof-mounted `equipment shall be subject to tfie requirements of Anaheim Municipal Code Section :18.44.030.120 pertaining to the:CL Zone. Said information shall be specifically shown on the plans: submitted for Zoning and Building Division approval. 22. That a minimum of 489 striped parking spaces shall be provided on site. 23. That any tree'or other landscaping. planted on-site shallbe replaced in a timely manner fn the event that it is removed, damaged, diseased and/or dead. 24. That the property shall be permanently maintained in art orderly fashion by providing regular landscape maintenance{ removal of trash or debris, and removal!of graffiti within twenty-four (24) hdurs from tmebf occurrence. 25. That the property owner hall be responsible'formalntaining the premises free of litterat all times. 26. That the number of tenant spaces shall be limited to eighteen (18) as indicated on the exhibits submitted by the petitioner. 27. That signage .for the property shall. be limited to all legal existing signage as of the date of this resolution. Any additidnal signage shall be subject to Planning Commission;'approval as a Reports and Recommendation item. Page 12 Staff Report to the Planning Commission 'April 7,.2003 `Item No. 2 28..That trash'storage areas shallbe provided and maintained in a location acceptableto the Public Works Departmenf;`Streets and Sanitation Division and in accordance with approved plans on file with saidbepartment. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streetsror highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum`1-gallon size :'clinging vines planted on maximum 3-foot centers or tall shrubbery. Sa(d information shall be specifically shown on the plans submitted for Zoning Divisiomand Public Works Department,; Streets and Sanitation Division approval. 29: That a plan for solid waste storage, collection and a' plan for recycling shall be submitted to the !Public Works Department for review ahd approval. 30. That the area designated for the recycling facility shall be denoted on the`site plan located on the Northwest quadranYof the property not to exceed 918 square feet (six parking spaces) of parking lot area. 3t That the existing landscape planters shall be refurbished with new grouhdcover and trees. Alf trees 'shall be minimum 24-inch box ih size. Sold information shall tie specifioally shown bn plans submitteo'for Zoning Division approval. 32: That the wall sign for 1230-A South Magnolia Avenue (Bakery) shall be reduced in size to ten percent of he storefront elevation area in'order to comply with Chapter 18.05 (Outtloor Advertising) of the Zoning Code. Said information sfiall be specifically shown on plans submitted for Zoning 'bivision approval. 33. That an on-site trash ruck turn-around area shall be provided per Engineering Stantlard Detail No. 610 and maintained fo the satisfaction of the Public Works Department,, Streets and: Sanitation Division.'Said turn-around area shall be specifically hown on'plans submitted for Public Works Streets and Sanitation Division'approval. 34. That the subject property shall be developed substantially in accordance with the 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 through;4, and as`conditioned herein. 35.'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. 3'4, 5, 6, 12,:13, 16, 17; 18, 19;20, 21, 28`29, 30, 31, 32 antl 33 above-mentionetl, 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 Code. 36.:That prior to final building and zoning inspections, Condition Nos. 11, 22 and 34 above-mentioned, shall be complied with. 3Z That approval of this'application constitutes approval of the proposed request only to the extent that "it complies with the Anaheim Municipal Code and any other applicable city, State and Federal regulations. Approval does not: include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation o~'requirement. .Page 13 1 DU EACH T OLA AVE J a Rsa2oo g RCL 67-68-72 Q 1 DU EACH I- ~ TROJAN PL RS-7200 DU EACH 1 BROADWAY RS-7200 I I I ~ m 1DU T - RS-7200 4 ~ RS-7200 1 DU -® j CUP 2003-0461 ~ t DU ^ _ SKYWOOD CIR ~ O O I I_ RS-7200 ~ n ~ ~ o Z °o °o _ TRACT NO. 2900 O N~ N .- m n G1 ~ 0 AA N0.2001-00216 W K ~ ~ r ~ r 1 DU EACH ROWLAND CIR RS-7200 - SID W W v oQ N o U Q ~ 0 2 A W ~~ ~~ ~o J n ~ ' ~ I z I~ I SAVOY PL x ROWLAND ~~ CIR N~ ~~. Conditional Use Permit No. 2003-04665 Sutiject Properly Date: March 10, 2003 Scale: 1" = 200' Requested By: KENNETH B. ISENHART Q.S. No. 13 TO PERMIT AND RETAIN AN ATTACHEp SECOND UNIT IN CONJUNCTION WITH AN EXISTING SINGLE-FAMILY .RESIDENCE WITH WAIVER OF MINIMUM SIDE YARD SETBACK. 302 South Benwood Avenue !i 594 ACADEMY AVENUE ~~~20•~{ Staff Report to the i Plannirg Commissidn `:`April 7 2003 Item No 3 3a.` CEQA NEGATNE DELCARATION 3b:' `WAIVER OF CODE REQUIREMENT 3c l `CONDITIONAL USE PERMIT NO:'2003-04665 (Motion for continuance) SITE LOCATION'AND DESCRIPTION: (1) This rectangularly-shaped, 0.19-acre property is located at the. southeast. corner of 'Academy Avenue and Benwood Drive with frontages of 65 feet on the east side of Benwodd Drive and 120 feet on the south side dfAcademy Avenue (302`South Benwood Drive). REQUEST: (2) 'The petitioner requests approval of a Conditional Use Permit under the authority of California GovernmenfCode Section 65852,1 to permit and retain an attached second unit in conjunction with' an existing permitted'single-family residence with waiver of minimum side yard setback. BACKGROUND:` (3) This property is currently developed with asingle-family residence and an unpermitted second unit and iszdned RS-7200 (Residential, Single-Family). The Anaheim General Plan Land Use Element Map designates this property for Low Density Residential land 'Uses. (4) 'This itemwas continued from the March 10, 2003, Commission meeting!in order for the Building Division to complete an inspection of the second unit to determine whether the structure'could beb~ought into'compliance with Uniform Building Code standards.`The property owner, Karen Isenhart, has submitted a letter dated April 3, 2003, requesting a two-week continuance to Ap~i(21, 2003;'Commission meeting,in order to finalize review of permits issued by Orange County relative to this property. RECOMMENDATION: (5) That the Commission, by motion, continue this item to the April 21, 2003; Planning Commission meeting. Sr8583.v~ Page 1 Aar-03-03 04:24am Fram-LAW OFFICES BURTON n WnRD JONATnnN n CO~DiTEIN DnV10 T. WARD DOUC~A] n PLn2nR Via Facsimile and Mail Vanessa Norwood Planning Deparanent 200 South Anaheim Blvd Anaheim, CA 92805 Mr. & Mrs. Ken & Karen Isenhart 303 S. Benwood Drive Anaheim, CA 92804 Apri13, 2003 Re: 302 S. Benwood Drive, Anaheim, CA Dear Ms. Norwood: Fn[~IMILE Further to our telephone conversation of Apri13, 2003, please tat this letter confum that both yourself and the lsenharts have mutually requested that the presently scheduled April 7, 2003 hearing regazding the referenced matter be continued until Apri12l, 2003 at ]:30 p.m. Thank you for your assistance in this matter. Please feel free to contact the undersigned at 714-870-9972 if you have any questipns. Very truly yours, DOUGLASPLAZAK DAP:dap 5626978477 T-712 P.02/02 F-772 ATTACIIMENT - ITEM N0. 3 ~t14%(.l/.[dP//f2 C~ f'J'~(/XQ'J ~'jZfi. LAW YEftS G60 EAST LA HABRA BOULEVARp LA HABRA. CALIFORNIA flOG31-552S 1562) 69<-3831 17141 670-9972 .•;~!vCIITIONAL USE PERMIT N02CX73-O~/o~OS I TEtt N0. 4 ~2 N RM-1200 s m VAR 2001-04445 m 1 DU VAR 3755 ~ APARTMENT 10 DU iDU SMALL SHOPS SMALL C P3 12 SHOP VPG,~ vn~ 3 GG ~/ ~R STREET RM-12UH`GH pNPH HO~~ SG N G ~® Ar G ~ ~P20''.f' =P C~ Am CP0.W~H $~ b °'~ UN~°~N PV~NVE RM-120H1GH PNPSGHODL i CG ~z 9 SHOPPE0. ~ z ~ CENt PU E10.S PPPRp pU CHESTNUT ST ;' pPP o 0 Conditional Use Permit No. 2003-04669 zr` ~s` 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. 2003-04669 - 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 PERMIT THE RETAIL SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION WITHIN AN :EXISTING LEGAL NON-CONFORMING CONVENIENCE MARKET. 1000 West Lincoln Avenue -Thomas Liquor s1~t2poa-s-ts; Staff Report to the Planning: Commission ,'April 7; 2003 Item Nd: 4 4a. CEQA CATEGORICAL EXEMPTION-CLASS 1 (Motion) 4b.' 'CONDITIONAL USE PERMIT-NO: 2003-04669 (Resolution) 4c.' ' DETERMINATIONAF PUBLIC CONVENIENCE (Resolution) OR NECESSITY N0: 2003-00010 SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 0.35-acre property is located at the southwest corner of Lincoln Avenue and Illinois Street, with frontages of 110 feet on 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 No. 18.45.050.195 ! to permit the retail sales of alcoholic beverages for off-premises consumption in :conjunction with an existing legal non-conforming convenience'market. (b) A Determination of Public Convenience or Necessity,to upgrade an existing Type 20 {Off-Sale Beer and Wine) toga Type 21 (Off-Sale General Alcohol) license to permit the'ketail sales of alcoholic beverages for off-premises consumption within an existing legal non=conforming convenience market. BACKGROUND!: (3) This item was continued from the March 24, 2003 Planning Commission meeting to provide the business owner an opportunity to discuss recommended conditions of annreval with Planninn and Pnlirp tlnnarfmant Staff (4) This property is developed with an existing 2,400 square foot convenience market and is zoned`CG (Commercial, General). The: Anaheim'General Plan Land'Use Element Map designates this property forGenerai Commercial land uses.': (5) ! Surrounding land uses are as follows: Direction Land Use Zoning General. Plan Desi nation North across Lincoln Commercial and General Avenue Sin le-Famil Residences CG ` Commercial East'across liinois General Street Restaurant ? CG Commercial General South Office CG` Commercial ;< General West Restaurant CG ° Commercial Staff Report to the Planning Commission April 7, 2003` Item No. 4 PROPOSAL (5) The petitioner requests a conditional use permit and a determination of public convenience or necessity to allow the retaitaales of alcoholic beverages for off-premises consumption as an accessory product to the general7etail sales!of an existing nonconforming 2,400; square foot convenience market (currently. permitted for retail sales of beer and wine for off-premises consumption since 1992). Tfte site plan` (Exhibit No. 1) does not indicate any expansionito the existing building. (7) The petitioner has also applied for a determination of public convenience or necessity in order to obtain a Type!21 (Off-Sale General Alcohol) license. Due to an above average crime rate'(and not overconcentration) within the Reporting District of thisproperty, a, 'determination of public convenience or necessity is required from the City: of Anaheim by the Department of Alcoholic Beverage Control (ABC):;' (8) The floor plan (Exhibit No. 2) indicates dry product shelving units, walk-in coolers and a freezer, a'cashier counter, a restroom, antl'storage7ooms. Plans do not indicate any new construction or interior:. improvements. (9) 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 floor area for this retail' business. -Since the business is existing and this request would not increase the parking requirement for thls site, a parking waiver is not required. '- (10) Elevation plans (Exhibit No. 1) and a field inspection indicate a 16-foot high commercial building wrth a tiled mansard roof, and stucco walls and parapets. Four light flixtures were also observed on the east building wall (facing Illinois Street). (11) Plans do not indicate any additional wall or freestanding signagec Afield inspection indicated an existing approximate 20-foot. high freestanding legal non-conforming pole sign (constructed withbuilding permits) with one illuminated pleziglas panel, an .illuminated channel letter sign ort the east elevation, and an illuminated pleziglas sign panel on the north elevation of this business. The petitioner has indicated the possibility of replacing: the sign face of the existing sighage within the existing cabinets, but no'new signs are proposed in`conjunctioh with this'~equest. Code currently permits an 8 foot: ..high, 10 foot wide monument sign with a sign area of 65 square feet per face and wall signage notto exceed ten percent of the building elevation area:' The existing wall sign complies with Code of 9.3 percent of the building elevation. (12) An on-site inspection and submitted plans indicate no landscaping on the property. The inspection further indicated newspaper racks, two payphones, and a vending machine in front of the business'(facing Lincotn Avenue), Lastly, toff observed various construction debris being stored at the south`end of the building, and a 6-foothigh (unslatted) chain link fence enclosure around a portion of the trash enclosure, with a block wall enclosing the remaining portion.? (13) The petitioner has submitted the attached letter of operation indicating that the hours of .operation will be from 7 a.m. to 11 p.m., seven days a week with'2 employees per shift. The letter further states that this'is currently a neighborhood convenience market with merchandise for salesuch as groceries, paper goods,: sundries, automotive and Page 2 Staff Report to the Planning Commission :April 7 2003 Item No. 4 EVALUATION: (16) On March 27, 2003, the Police: and Planning Department met with.the petitioner and .representatives to discuss the recommended conditionsbf approval. Based°on .input from the applicant regarding operational constraints of the existing convenience market, some of the recommended"conditions of approval have been modified (including he flexibility to remain open until midnight, even though he market currently closes at 1 f p.m.). The modified conditions are indicated in bold font. (17) Both the Planning and Police'Departmentsteff have reached an agreement with the petitioner on most of the recommended conditions of approval. The only outstanding disagreement is the recommended condition of approval pertaining to the sales of single containers'of beer and wine (Condition No. 19). The Police: and Planning Departments have consistently recommended that the sales of wine coolers and beer bef limited to four (4) and six (6)'pack portions respectively in an effort to alleviate illegal on-premises or''immediate consumption of beer and wine. Staff strongly believes this condition of;approvafis necessary based. on the proximity of the premises to the residential neighborhood to the south and the high `school to he north.; (18) Code permits the retail sales of alcoholic beverages for off-premises consumption in tr'e CG zone subject to approval of a conditional use permit. Because the property is loca~~d in a police reporting district with a crime rate above the City average, State law requi~s~ that the local agency make a determination of public convenience or necessity. (19) On July 11;:1995, the Anaheim City Council adopted Resolution No. 95R-134 establis. i procedures: and delegating certain responsibilities relating to issuance of licenses by c. ~- State Department of Alcoholic Beverage Control (ABC) with,regard to applications for licenses wfilch would'othenvise be denied but for the'issue of whether putilic convenienc.o or necessity would be erved 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 Planning Commission with theTight of appeal (or review) by the City Council. (20) Section 23958 of the Business and Professions Code provides that ABC shall deny an applicationfor a license if issuance of that icense would tendito create a' law enforcement problem or if issuance would result in, or add to, an undue concentratioreof licenses,:: except when an applicant has demonstrated that putilic convenience or necessity would be served by the issuance of a license. (21) The statement ofjustification for determination of public convenience and necessity submitted by the petitioner (attached) describes the business as one of the only two alcohol outlets within the censustract and that the granting of the requesfto sell alcoholic beverages would not have an impact on the surrounding neighborhood or school based on the limited hours of operation: (22) The Anaheim Police Department has submitted a memorandum dated February 18, 2003 (attached),?stating that this property is located withiniReporting District No`1723;which 'has a crime rate 30%'above the: City average. Thisproperty is also located within Census Page 4 Staff Report to the Planning Commission April 7, 2003 Item Nor4 Tract No. 872.00, :where there is currently 1 license for retaihsales of alcoholic beverages for off-premises consumption and 5 off-sale licenses are allowed. The Police Department responded to this location 15 imes since Januaryl, 2001. The calls included 1 keep the peace, 1 open door, 1 lost or stolen property, 1 hit and run, 4 disturbances, 3 911 hang- ups, 1 subject stop, 1 burglary, 1 suspicious circumstance and 1 drunk;in public, Of these calls, ogly one report was taken pertaining to lost or stolen property. The reporting district to the north has a crime ratelof 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 west has a crime"rate of 60 percent above average and the reporting district to the east has a crime rate of 1155 percent above average. The Commission should note that the > crime statistics for the reporting district to the east of the property, which contains the Police Departmept headquarters do not reflect a high crime area. According to the Police Department, any crime or report taken at the Police Department Headquarters is'reflected in the crime rate within this reporting district. (23) The Planning Commission established a policy to determine whether a determination of public convenience or necessity is appropriate. Staff feels the request`is justifietlbased on the fact that only one (1 ):other alcohoi outlet exists within'the census tract and the establishment is currently operating with a beer and wine license with only a single police report taken within the pastyear. According to the Police Department there has'not been a history of alcohol related incidents irtthe area A copy of the Planning Commission's guidelines to determine public convenience or necessity is attached. (24) The Police and the Planning Departments do not oppose the request to upgrade to a General Alcohol Sales (Type',21) liquor license subject to the recommended conditions of approval. The Commission may wish to note that currently th-- convenience market has an'ABC license to sellbeer and wine but has no c: ti~nal use permit or conditions of approval. This request would provide the opportum:~ ~uply updated conditions of approval to this business consistent with other off-sale :acohol establishments in' he City. (25) Staff has recommended conditions of approval requiring the petitioner to remove the outdoorstorage of equipment, vending?machines; and pay phones td enhance the aesthetics of the'site. FINDINGS: (26) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence;presented§howstkat all of the following conditions 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 ndt 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 proposeduse is adequate to allow the full development of the proposed use in a mannernot detrimental to the; particular P area noc to the peace, health, afety, and, general welfare; Page 5 Staff Report'to the Planning Commission April 7, 2003'. Item No. 4 (d) That the traffic generated by the proposed use will not impose an undue burtlen upon the streets and highways designed and;jmproved'to carry the traffic in he area; and (e) That the granting of the conditional'use permit under the conditions imposed; if any, will not be detrimental to the peace, health, safety:and general welfare of the citizens of the(City of Anaheim. RECOMMENDATION: (27) Staff recommends that, unless additional or contrary hforrnation 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 Rearing, the Commission take the 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. 2003-04669, (to permit retail sales of alcoholic beverages for off-premises'consumption within an existing: convenience market) based on thelfollowing:'!, (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 the property is currently operating with a beer and wine license:' without evidence of a negative impact to the surrounding' area; and that the recommended conditions of approval would'ensure that the business ................ ... ..r., .. ..~..~~,. ~~.r.....,~.y .~........~~., ~..~~.,y.~,..,y~~....~~~...,... (iii) I That as conditioned herein, the proposed change in operation would not be detrimental to the peace, health, safety, and"general welfare of tRe citizens of the City of Anaheim. (c) By resolution,'approve the request for Determination of Public Convenience or Necessity No:'2003-00010 for a Type 21 (General AlcoRol) ABC license to permit the'Yetail sales of alcoholic beverages for off-:premises consumption based on the following: (i) That the Anaheim Police Department`does not oppose the request oh the basis that the property is located within Reporting Districf 1723 whicR has a crime rate of30% above the City average and there has been minimal calls for service and only one report was taken;`pertaining to lost or stolen property, since January 2001. (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. Page 6 Staff Report to the Planning Commissibn April 7,' 2003 Item No; 4 .THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS. ACTING AS AN J INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE'COMMISSION IN THE EVENT THAT THIS PERMIT IS APPROVED. 1. That the hours of operation'shall be limited to 6 a.m. to midnight seven daysa week. 2. That there shall be no public telephonesmaintained on the property that are located outside the building. 3. That all fixtures, displays, merchandise and other materials in excess of three feet in height shall be setback a minimum of three (3) feet from all window areas and that he combination of displays',and window:. signs shall not exceed 20 percent of the total storefront window area. 4. ' That a decorative trash receptacle shall tie provided outside the entry door to the building for use by ?patrons. Said receptacle shall be properly maintained. 5. That no exterior vending machines shalt be permitted. 6. That roof-mounted balloons or other inflated devices shall not be permitted. 7. That shopping carts shall be stored inside the building and there shall be no outdoor storage or stacking of shopping. carts. 8. :That the debris located at the south end of the building shall be removetl from the premises and that this area shall be kept free of any;future deti~is, materials and equipment. .,. ~~... ...~y .... .,~. .... ~......~.........,....y r... ........................... .... ...,..__,,,. ... ... .. _.~ ...~. ... ... .. .... _... ...__.._._ i removed, damaged; diseased; and/or dead. 10. ' That video, electronic, or other amusement devices shall not be permitted anywhere on the subject property.'r 11. That the!sales of alcoholic beveragesshall not exceed forty nine percent (49%) of the gross sales of ail retail sales during any hree (3) month period. The applicant shall maintain records on a quarterly basis showing the'separate amounts of sales of alcoholic beverages and other items..' These records shall be subject to audit, and made available, when requested by any City of Anaheim official during reasonable business hours. 12.'! That no advertising of alcoholic beverages shall be located, placed or attached toany location outside the building; and that ho audible advertising of alcoholic beverages shall be permitted:? 13. ` That no alcoholic beverages shall be consumed on the premises. 14. That the'applicant shall be responsible for maintaining the premises free of litter at all times. ': 15. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any; public entrance to tfie building; 16. 'That the areas of alcoholic beverages display shall hot exceed twenty five (25) percent of the total display area in,the building: .Page 7 Staff Report to the Planning Commission April 1,'2003 Item No. 4 i 17. That the sales of alcoholic beverages shall be made tb customers only when the customer is inside the building. 16. That no person under twenty one (21) years of age shall sell or be permitted to sell any alcoholic beverages. 19. That beer shall nat be sold in packages containing less than a six (6) pack; and that wine coolers shall no tie sold in packages containing less than a four (4) pack. 20, That no areas shall be provided for on-site consumption of food 21. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets< and Sanitation Division to comply with approved plans on file with said Department..The wallsof the storage areas shall be protected from graffiti opportunities by the use of plant materials such as`clinging vines or tall'shrubbery: Said information shall be specifically shown on the`plans submitted for Public Works Department, Streets and Sanitation,Division approval. 22. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The number's 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,:;Communrty Services Division approval. 23. That the proposal shall comply with all signing requirements of the zone in which this property is located. Any new signage shah be subject to reviewand approval by the Zoning Division, 24. 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: Planningbepartmei marked Exftibit Nos. 1''and 2, and as conditioned herein. 25. That prior to he commencement of the activity authorized by this resolution, Condition Nos. 2, 3, 4, 5, 8, 12, 15, 16, 21, 22, 23 and 24, above-mentioned, shall be complied with. 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 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 ATTACHMENT - ITEN N0. 4 MEMORAPIDUM 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 OffSale 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 clime 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 Stleef 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 On Sale allowed 7/active 3 population 6,177 Off Sale allowed 4/active 3 South - 874.01 On Sale allowed 4/active 1 West - 871.02 On Sale allowed 7/active 4 East - 873 On Sale allowed 11/active 4 (and 1 pending) population 3,054 Off Sale allowed 2/active 3 population 5,862 Off Sale allowed 4/active 2 population 10,041 Off Sale allowed 7/active 6 Additional Census Tract information: North West - 867.02 On Sale allowed 7/active 6 population 6,646 Off Sale allowed 5/active 3 North East - 865.01 On Sale allowed 5/active 5 South West-871.04 On Sale allowed 5/active 3 South East - 874.05 On Sale allowed 9/active 2 population 4,748 Off Sale allowed 3/active 4 population 4,507 Off Sale allowed 3/active 0 population 6,649 Off Sale allowed 5/active 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 lot. 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 Iota#ed 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 areavnder 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 meat extension 1451. F:Viome\lgovemale\2003-04669 Thomas Liquor.doc W O T cQ. 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O~~ ~ o~ a 5 3 ~ _ ~ ~.- ~~ 3 ® a . ~ ~ ~ ® , O-o WEB-~.N ~ in ~ ' _ ,. ... _._, ~ ,.. .. ,. a m ~ v L ~ OD.,m m O ....., _. ' __. K a ti a -,u~ m ~~~, z iO v ... o o 0~° - i 0 cti= Oinm 00 @ rm m I ! 000 ~ ® .. ~' ! . % _. iN ,.. 13011On3, . ee~~ ,.. .:' _ mm p~ - N. .C ® tB ~IlOn3 ... ... . ~ V' :. N ~ ". - . '. ' O O I O .va m ~ . O m ttI~~o ' O N __.N A ~_.. ~O O _. , .. _ ~ ~. ,. . ~ Oro . ~ ~_ a , r ~ _ w ~mm ~ _ ~ a ~ U _ 00 c ~.. a `~' .. O O - o _ ~: _ u _ ,. slsanrotooae, r---~-._._.. _~ p ~_ ;ENT BY: BRIGGS 8 ALEXANDER; 714 52G9246; FEF-i3-03 14:46; PAGE 2/2 ATTACHMENT - ITEM N0. 4 PETITTONER'S STATEMENT OF JUSTIFICATION FOR _ ,_ PUBLIC CONVENIENCE OR NECESSITY The City Council has established procedures for the determination of Public Convenience nr Necessity and has delegated the responsibility for making such determinations to the Anaheim Planning Commission. In orderthe assistthe Planning Commission in its deliberations asto whether 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. What is the primary purpose of your business'! is the sale of alcohol an essential part al'the primary purpose of the business? Please explain: Retail saes 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? If 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 872 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 residenda] neighborhood of school adjacent to the property for which you aze 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 dispropurliunatelyimpact anadjacent residenrialneighborhood orschool. Additionally, the Anaheim Police Deparhnent has indicated the crime rate is below 30%. 4. What percentage of your business do you anticipate will be alcohol sales'1 We anticipate alcohol sales of the business to be 35%. Dues 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. 1. Are you proposing any specific operationat measures to eliminate or limit any potential negative conseyuences from the sale. of alcoholic beverages? Please explain. The hours of operation What type of ]icerrsb are you requesting from A>3C? Is it an existing license? Thomas Liquor Store is requesting an expansion of its existing "beer and wine" 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. ATTACHt1ENT - ITEt1 N0. 4 POLICY CITY OF ANAHEIM PLANNING COMMISSION GUIDELINES TO DETERMINE PUBLIC CONVENIENCE OR NECESSITY (PCN) How significant is the "undue concenfrafion"? 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 fhe proposed site to 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. 0 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 a history 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 fo a particular location? 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 bulk 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. I I tf1 NU I) Q L 6 -SP 92-i Z RCL 66-67E1 (79) vAR 3133 g LLJ DISNEYLAND RESORT } ~ SPECIFIC PLAN 92-1 :DISNEYLAND W ~ RCL fi6E7-61 (108) PARKING z ~ RCL 6(i-67-61 (46) SP 92-1 (n CUP 969 RcL s6~7-61 (47) DISNEY'S CALIFORNIA v-09o ~ ADVENTURE KATELLA AVENUE ~1sD~ a7o -~( rvy SP 92-2 +nF: I RCL fi6{7-61(71) o" CUP 2424 ~~~ ~ ~ VAR 43925 ,~,-. _ ,,,.. ..~ ,. .., - F- I SP 92-2 W RCL 66E7~61 (iD W VAR 3179 Q. V-841 I-- ~ SP 92-2 W RCL 66-67-61 (1 DI V-1092 I SP 92-2 RCL 6667fi1 E10E I CUP 516 RESORT PLAN 92-: i9-11 7-61 (96) 7-61 ((263 7-61 51 1 SP 92-2 RCL 73-74-34 66-67-61 (Res of Intent to C-R) ANAHEIM CONVENTION CENTER RS-7200 1 DU EACH ,Q~ SP 92-2 y1~ RCL 73-7434 pF' 66-67-61 _ (Res of Intent to C-R) o O ANAHEIM CONVENTION i°,~ < CENTER ~w ~o Determination of Public Convenience or ~ Subject Property Necessity No. 2003-00011 Date: April 7, 2003 Scale: 1" = 200' Requested By: RACHAEL MOORHEAD Q.S. No. 77 REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY TO PERMIT SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION WITHIN AN EXISTING GIFT SHOP. 1030 West Katella Avenue -Gift Cachet at the Anabella Hotel 627 Staff Report to the Planning Commission Apri17, 2003 Item No. 5 (4) Surrounding,land usesare as follows: Direction Land Use Zonin General: PlanDesi'nation> North (across Kateua Avenue) Disney's California Adventure ThemePark SP92-1 Commercial Recreation i East Anaheim Convention Center; SP92-2 _ Commercial Recreation South Anaheim Convention Center'. SP92-2 Commercial Recreation West ' Tiffy's Restaurant.: SP92-2 Commercial Recreation -'SP92-1 (The Disneyland Resort5pecific Plan Nor 92-1jSP92-2 (AnafielmResort Specific Plan No592-2) bISCUSSION: `(5) The petitioner has submitted a letter dated January 13;:2003, requesting a Determination of Public Convenience or Necessity to allow the retail sales of beer`and wine for off-premises consumption along withfthe current general retail sales>of an existing gift shop located within The Anabella Hotel complex (a copy of the Ietteris provided as Attachment A to this staff report). 'Said letter`indicates that the petitioner applied for an Off-Sale $eer and Wine (Type 20) liquor licensearom the Department of Alcoholic Beverage ControP;(ABC) on January 13, 2003. Due to a high crime rate within the police reporting district which includes this property, ABG requires a determination of public convenience or necessity from the City'of Anaheim. (6) The petitioner's January 93, 2003 letter and submitted statement ofjustificaton indicates that the requested liquor license would allow the gift store to provide a convenient amenity to ftotel guests as there are no stores that sell beer and wine adjacent to the hotel. Said letter also indicates thatahe gift shop's daily (tours of operation are from 9:00 a.m. to 9:00 p.m., seven days a week and that the proposed sale ofbeer and wine would'be an estimated 15 percent ofthe gift shop's gross'sales. Further, the petitioner indicates that the Gift Cachet has its own gaining program to etlucate their employees on alcohol-related: issues and there are no'~esidential'or school uses adjacent to thehotel site. (7) Site plans and elevations submitted by the petitioner indicate that the gift shop is 289 square feet in area and oriented toward the interior of the hotel complex (a photograph'of the front of the gift shop'is provided below). Other accessory uses within the hotel complex include a restaurant and a nail salon. Plans tlo not indicate any new construction. Plarning Commission may wish to note thatahe restaurant has a-license for on-premises sale ofi alcohol. _~ .--.: ' Y; .t: y. K,: ~~ ~{ ~~ 1 ( View'of Gift' Shop Page 2 `Staff Report to the Planning Commission ,' April 7 2003 Item No- 5 ENVIRONMENTAL IMPACT ANALYSIS: (S) The Planning Director's authorized representative has determined that the proposed "project falls within the definition of Categorical EzemptionssSection .15301, Class 1 (Existing Facilities),'as defined'in the State CEQA Guidelinesand is, therefore, categorically: exempt from the requirement o prepare an EIR. EVALUATION: (9) The Anaheim Resort Specific Plan No. 92=2 allows the sale of alcoholic beverages including beer and wine for offpremises`consumptidn as a permitted accessory use for a retail shop integrated'within ahotel complex. (10) State law requires a determination of public convenience or necessity when the property is r located in a police reporting district with a crime rateabove the City average. Section :'23958 offfie Business and Professions Code provides thafABC shall deny an application for a license if issuance of that license would tend to`create a law enforcement problem or if r issuance would result in, or add o, an undue concentration oflicenses, except when an >applicant etas demonstrated that public convenience or necessity would tie served by the issuance of a license (11) On July 11 1995, the Anaheim,City Council adopted;Resolution No. 95R-:134 establishing procedures and delegating certain responsibilities relating to the issuance oflicenses by the -State Department of Alcoholic Beverage Control (ABC) with regard to applications for icenses which would otherwise'be denied but for the issue of whether public convenience or necessity would be served by issuance'of the license. Where the City: is responsible under State law to make such'determinatien, the resolution delegates such determinations to the Planning Commission with the right{of appeal (or review) by the City Council ' (12) Resolution No. 95R-134 also authorizes the Police Department to make recommendations .related to public convenience or necessitydeterminations. When the sales of beerand 'wine for off-premisesconsumption is permitted by Code, the Police Department's 'recommendations shall take the form of recommended conditions of approval to be ;imposed on the determination in order to ensure thatthe sale of beer and"wine does not adversely affect any adjoining land use or the growth and development of the surrounding area. (13) The Anaheim Police Department has submitted a memorandum dated April 1, 2003(a copy of the memo is provided as Attachment B to this staff report)stating that this property is ocated within Reporting District 2124, wfiich has a crime rate of 115 percent above' 'average.:This reporting district'extends from West. Street to Haster Street, and from Katella 'Avenue to'!Orangewood Avenue, with approximately,half of the reporting,tlistrictdaveloped '.with Anaheim Resortuses and the remainder developed with residential uses. Said' :memorandum further indicates that the population within the census track allows for five off- 'sale licenses (there are presently two active licenses: including one at the Wonderland Plaza at the southeast intersection of WalnufStreet and Katella Avenue and one at the Anaheim Marriott Hotel on Convention Way). It should also be noted that there are no other off-sale licenses in'the immediate vicinity of the hotel in the adjacent census tract to the north (said `area adjacent to the north side of Katella Avenue includes Disneyland Resort back-of-house and parking lot uses) Said memorandum also includes recommended conditions for this Determination of Public Convenience orNecessity, :which are set forth in his staff report as Condition. No. 1(a-k).;` Page 3 Staff Report to the :Planning Commissioh _ April 7(2003 Jtem No. 5 (14) The Planning Commission has established a policy to determine whether asdetermination of public convenience or necessity is appropriate (a copy of the policy is provided as Attachment G to this staff report)., Based upon a review of the proposed request, the submitted information and the attached policy, staff concurs withthe petitioner's request and recommends approval of this application based upon (a) the,Code permits the sale of beer and wine for off-premises consumption'for aretail shop integrated witfiin a hotel '! complex; (b) he intent of the Code is to provide such sales as a'convenie~ce for visitors to a hotel; (c) there are no stores Immediately adjacent to the hotel: site which'sell beerand wine; (d) there are no schools orresidential uses adjacent to the'site (the nearest resitlential area is on the east side'of WesfStreet, south of the site); (e) there is not an overconcentration of licenses in fie censustract nor are there off-sales licenses in the immediate vicinity of the site on the north side of Katella Avenue; and, (f) the conditions of approval recommended by the Police Department, which are sef forth in this staff report in Condition No_ 1(a-k), will ensure that the proposed request will not adversely affect any adjoining land use or the growth and development of the surrounding area.:: RECOMMENDATION: (15) Staff recommends that Unless additional or contrary information is received during the? meeting, andbased upon the evidence submitted to the Planning;Commission, including the evidencepresented in this staff report, and oral and: written evidence presented at the public hearing, the Planning Commission take the following actions: (Aj; By motion, determine that the project is Categorically Exempt under Section 15301, Class 1, of the CEQA Guidelines. (B) By resolution, approve Determination of Public Convenience or Necessity No. 2003- ': 00011;(to allow fire retail sales of beerand wine for off-premises consumption within an existing gift shop at The`Anabella Hdtel) subject to staffs recommended conditions of approval included in thisstaff report; based upon the discussion in paragraph (14) of this staff report. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS AND ARE RECOMMENDED FOR ADOPTION'BY THE PLANNING<COMMISSION IN THE EVENTSHAT THIS DETERMINATION OF PUBLIC CONVENIENCE`OR NECESSITY'IS"APPROVED. 1. That, ongoing during project operation, the property owner and the business owner shall be responsible fdr the implementation of the following: a) 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'availabilitybf beer and wine. Interior displays '! of beer and wine or signs which are clearly visible to the exterior shall constitute a:violation of this condition:: b) i No display of beer and wine shall be located outside of a building or within five (5) feet of any:`. r public enhance to the building: c) ', The area'of beer and wine displays shall not exceed 25% of the total display area in the gift shop. d) ;Sale of beer and wine shall be'made to customers only when the customer is in the building. , e) No person under twenty-one (21) years of age shall sell or bepermitted to sell beer or wine. Page 4 Staff Report to the `Planning' Commission April 7 2003 Item No 5 f) The possession of beer and wine in open containers and the consumption of beer and wine are prohibited in or adjacent to the gift shop. g) There shall be no amusement machines, video'game devices, or pool tables located within the gift shop at any time. h) There shall be no public telephones on the property that are located outside the gift shopand within the control of the property owner and or business owner. ' i) The gross sales of beer and wine shall not exceed 15 percent of all retail sales during any three (3) month period. The applicant shall maintainrecords on a quarterly basis indicating the separate amounts of salesof beer and wine and other items. These7ecords sfiall be made available for inspection by any City of Anaheim"official, when requested. j) Any graffiti painted or marked upon the gift shop or on any adjacent area under the control of the licensee shall be removed or painted'over within 24 hours' of beingapplied. k) The property owner and business owner shall be responsible for maintaining free of litter the area adjacent to the gift shop over which they have oontrol. 2. 'That the approval ofthis application only applies to the 289-square foot gift shop depicted on the site >plan (Exhibit No. 1 bn file in the Planningbepartment). 3. ':That the hours of operation shall be limited to 9:00 a.m. to 9:00 p.m., daily. 4. That, prior to commencement of activity authorized by this resolution or within one (1) year from the date of this resolution, whichever occurs first, the property owner shall submit a letter to the Planning bepartment requesting termination of the'following entitlemenks: a) Conditional Use Permit No 840 (to permit a restaurant with on-sale liquor in an existing building) approved by the Planning Commission in 1966.? b) Conditional Use Permit Noi 683 (to establish a cocktail lounge, in conjunction with an existing motet with waiver of required parking'spaces) approved by the Planning Commission in 1965. 'c) Conditional Use Permit Na 563 (to establish a coffee shop in conjunction with an existing motel and office building) approved by the Planning Commission in 1964. d) Variance No. 1480 (to establish a motel and office building) approved: by the Planning Commission im 1962. e) Variance No. 1222 (to establish a motel) approved by the Planning Commission in 1960. f) Variance No. 1209 (to establish a motel) approved by the Planning Commission in 1960. 5, !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 anyother 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 5 ~~.~ ~.~~ ~v~ ~~ ~~~~~s~ January 13, 2003 Planning commission City of Anaheim 200 South Anaheim Blvd. East Re: Request for public Convenience or Necessity 1030 West Katella Ave Anaheim, CA 92802 On January 13, 2003 CACHET gift store, filed an with the Department of Alcoholic Beverage Control to own new license from gift store located at 1030 W. Katella Ave. Anaheim. The Alcoholic Beverage Control will require a determination from the City of Anaheim for Public Convenience or Necessity due to the high crime rate of the property's reporting district. This letter will address the operation of CACHET gift store and Public Convenience and necessity. CACHET store has status with the Department of Alcoholic Beverage control, holding beer license for all their store in California. They are in very good standing with the Department and their employee are required to attend the LEAD training program offered by the state. Additionally, CACHET gift shop has their own training program to educate their employees with alcohol issues. LEAS ~, 89i0~if ~' FEg_G43y `~'J PUBLIC CONVENIENCE ;.,_.., ~- OR NECESSITY .. - ~~~ ~ ~ ~ ~ N9:~'tJ aao3_oaoii This site at 1030 W. Katella Ave is located in major commercial development with DISNEY resort no residents or sensitive uses-- within 600 feet. Hours of operation for this store will be from 9 AM to 9 PM Sunday through Saturday. Although alcohol account for less than 15% of their sates it is very important part of their while on DISNEY LAND vacation. We like to serve small bottle wine. For all of the above, we feel that the issuance of our license will meet the department's consensus for Public Convenience or necessity, and the issuance of the license will be an asset to our community. Sincerely, ~Suje Lee C~ FE8'-C03o ', -.. 3=; PUBLIC CONVENIENCE OR NECESSITY N 0 ~C-N ~°03 - avo// PETITIONER'S STATEMENT OF JUSTIFICATION FOR PUBLIC CONVENIENCE OR NECESSITY The City Council has established procedures for the determination of Public Convenience or Necessity and has delegated the responsibility for making such determinations to the Anaheim Planning Commission. In order to assist the Planning Commission in its deliberations as to whether the public convenience or necessity would be served by permitting an additional alcohol establishment within an area 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 of the primary purpose of the business? Please explain. 1~,.~-c./ - ~=~Sr i~rnrr~5~ ~ k~ ac~~C - ~ll,~o~r,r~e_ l~~e~Qik-' 2. f his fti~'S . ~~as~e~~a ~ t~ ~~ °`~ Sri. ° Are there similar busrnes s r con en ration of alcohol outlets in the immediate area that already provide alcohol service? If so, how would the public convenience or necessity be served by permitting an additional liCensa within tha ransus tract? 3. Is 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. 4. What percentage of your business do you anticipate will be alcohol sales! 5. Does your business cater to a specific need or specialty which is not currently available in the area? Please expi / /~ ~a.,.-_ ~~~~,f h~l r ~ /'~/il~n Ue fizz ~ll,~ C_n~lv~r~ boa, /~ N 6/ Are you proposing any specific operational measures to eliminate or limit any potential negative ~ consequences from the sale of alcoholic beverages? Please explain. 7. What type of ficense are you requesting from ABC? Is it a~.e~ license? 't'y.a~ ~`,n /1Pe.rfil.l.v,~ - /~e,~~F'/~' "Q~l,~. P ,~olS E ®RNU~ City of,4naheim POLICE DEPARTMENT °"" DATE: April 1, 2003 TO: Susan Kim Planning Department FROM: Sergeant Thomas J. Smith Vice Detail SUBJECT: Cachet Gift and Snack 1030 West Katella Avenue Anaheim, CA 92802 The Police Department received a request for statistical information for the above listed location. The applicant has requested a hearing for Public Convenience or Necessity from the Planning Commission. If approved the Police Department would recommend the following conditions: 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. 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 under twenty-one (21) years of age shall sell or be permitted to sell any beer or wine. 6) The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages is prohibited on or around these premises. 7) There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 8) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 9) The gross sales of alcoholic beverages shall not exceed 15 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. Memorandum Susan Kim The Anabella Hotel -Cachet Page two 10) 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. 11) The petitioner shall be responsible for maintaining free of litter the area adjacent to'the premises over which they have control, as depicted. The location is within Reporting District 2124, which has a crime rate of 115% percent above average. It is also within Census Tract 875.03, which has a population of 7,110. This population allows for eight On Sale Licenses and there are presently seventeen licenses in the tract and two pending license. This population also allows for five Off Sale Licenses and there are presently two active licenses in the tract and one pending license. The Census Tract boundaries are: North Katella Avenue South Orangewood Avenue East Haster Street West Ninth Street Off Sale Licenses in this Census Tract: 1178 W. Katella Ave. 700 W. Convention Way 1030 W. Katella Ave. (pending) On Sale Licenses in this Census Tract: 1060 W. Katella Ave. 1850 S. Harbor Bt. 616 Convention Way 1840 S. Harbor BL 1100 W. Katella Ave. 777 W. Convention Way 1168 W. Katella Ave. 1188 W. Katella Ave. 800 W. Katella Ave. 409 W. Katella Ave. 1110 W. Katella Ave., Unit B 700 W. Convention Way 620 W. Katella Ave. - 1192-94 W. Katella Ave. 1855 S. Harbor BI. 1050 W. Katella Ave. 1840 S. Harbor BI. 1192-94 W. Katella Ave. (pending) 1050 W. Katella Ave. (pending) Memorandum Susan Kim Cachet Gift and Snack Page Two The Census Tracts surrounding this location are as follows: North - 875:01 population 5,950 On Sale allowed 7lactive 30 Off Sale allowed 4/active 12 3 pending South - 884.02 population 4,896 On Sale allowed 6lactive 17 Off Sale allowed 3/active 4 West - 883.01 population 5,991 On Sale allowed 7/active 1 Off Sale allowed 4/active 3 1 pending East-875.04 population 8,248 On Sale allowed 9/active 4 Off Sale allowed 5/active 2 Additional Census Tract information: North East-674.03 population 3,735 On Sale allowed 4/active 4 Off Sale allowed 3/active 5 North West - 876.02 population 7,354 On Sale allowed 8/active 10 Off Sale allowed 5/active 7 1 pending South West-884.01 population 4,903 On Sale allowed 6/active 4 Off Sale allowed 3/active 1 South East-884.03 population 6,514 On Sale allowed 7/active 5 Off Sale atlowed 4/active 4 The Police Department has responded to 1030 West Katetla Avenue 29 times since March 2002. The calls include 6 disturbances, 3 suspicious circumstances, 4 petty thefts, 1 drunk in public, 4 lost or stolen properties, 2 burglaries, 1 rotibery, 2 grand thefts, 1 found bicycle, 1 mental case, 1 hit and run parked vehicle, 1 malicious mischief, and 2 vehicle tampering calls. Of the 29 calls to this location 11 reports were taken, these reports consist of 2 lost or stolen properties, 2 burglaries, 4 petty thefts, 1 hit and run parked vehicle, 1 malicious mischief, and 1 vehicle tampering report. The Reporting District to the north of this location is 2024 and has a crime rate of 15 percent below average. The Reporting District to the south is the City of Garden Grove. The Reporting District to the west is 2123 with a crime rate of 42 percent below average. The Reporting District to the east is 2125 with a crime rate of 127 percent above average. If further information is needed please contact me at extension 1451. f:\home\tgovemale\2003-00011(a) Cachet.doc v my ~a > ~, v ~ ~ ti o o ~ ~ ~. .... n v°i ¢ ~ ~ ay m C v "~ e v3 o E{ ~ o ce i9° 8 'z' S Qj O . . ~ N ~ ~ Ih ~ Z o O v ~ a¢ ~ .. a 1 1 1 ~ l C7 ~ Z 1 ~O .~ 1~ W .~ Q d NASTER 1 =~ + .._ 5 O~ N 3NI1N3W31p N y~ N CLEMENTIMB ~ o`'' ~ N ~ N 0 0 3 w C7 O ~ apeatlN f"-"" + !=1 "' ~ ~ ~pNNHEiM ..~. i Y ~ I ~ N °, ai N I O => r i N 9~ N I ~~ m x I ;, 3 i S° • I c U I WEST ON'dT~NSIp i ~ N ~ tl ~I M M •I N ~ 1f1N'1tlM O N --•--------- w~ N w 5 ~ J ~ , Z Q Y C C C W .~ m m m > > °• N~ GI ~ >`'O N~ N N N~ a 'O N 'O a 0} n > C > > N > > C > > N N > C N l0 > > > {0 > IN a Oam~ma Oaa > >a O > dQ]a Q7 ya • w c H c m ~ ~a.. ~ ~ m ~'~~ c ,~~~,„aa~ ~ a ~ s m c m~ c~ m c m m :: a: m e ?3 ~ m~ To V YUY=>=YUYYYYYU Y~=Y=~Y m c m- t --~ ~ °m ~ O O m U ~ ~a O O~o~N~~O ~~NL000NO a O O ~ U . N _ N ~ppO .pp ~ . fD O7 O O O rl 01 . n ~D W C ~ O~f NO V ~~(ND ~OO ~ `~~ Uri U .a 'N •X ~:. •• OO N ~ _~ ~ d a W rNM V LO ID I~OO1 ~~r~~~O,TmO)NN ~ ~ N ~ c~ L Z U ~~ i °A Z~ LE'M9 H a6 NnT ~ V ep ~.i Om d d rNN ~ 00 X i Sf E M QpN pp ~~i ~ b 193NW13LQp n eu T 'O mq vl N i ~ N N CC 00 3 3 N ~NCNc SOD ~ m ~w .YU ~ ~ iurmonaLw N 2 e L'we°" N < ~~ ~ O ~ m a !~ ~ m ~, ~ ~ aogg ~~ v ~ _ .- O ~ m m nR ~~+N t`~° o°D ~__ o`~ wm t7 ~ 00 9T8 10~11'/V3Nm.1 r ~ m l8 NNM l9 M O UXIB J ~ e O~~ ~ ~mm yN t0 0 $ ~ ~ _ ~ omww 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. Now 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 a history of alcohol-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 mitigafing operational characteristics such as increased security, limited hours of operation or bulk 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. ~~ l KATELLA AVENUE Conditional Use Permit No. 2003-04673 Subject Property Date: April 7, 2003 Scale: 1" = 200' Requested By: LEWIS R. SCHMID Q.S. No. 127 REQUEST TO PERMIT AND RETAIN INDUSTRIALLY-RELATED OFFICE USES WITH AN EXISTING INDUSTRIAL COMPLEX WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 1725-1751 South pouglass Road A D szs 'Staff Report to the Planning Commission April 7, 2003 Item No 6 6a. ' CEQA NEGATIVE DECLARATION ::(Motion) 6b. `' WAIVER OF CODE REQUIREMENT ' (Motion) 6c, < CONDITIONAL USE PERMIT N0: 2003-04673 ` (Resolution) SITE LOCATION AND DESCRIPTION['. (1) This irregularly-shaped, 3.3-acre property has'a frontage. of 750 feet on the west side of Douglass Road, a maximum depth; of 257 feet and is located 448 feet south of the centerline of Katella Avenue (1725-1.751 South:DouglassRoad). REQUEST: (2) The petitioner requests approval of a Conditional Use Permit under authority of Code Section 18.61.050145 to permit and retain industrially-related office uses'within an existing industrial complex with waiver of the following: SECTIONS 18.06.050:0211. .Minimum number of parkino spaces. 18.06!050:0212 AND' 18.61.066:050 + -130 spaces required; 108 proposed and 'recommended by the. City Traffic and Transportation Manager.) BACKGROUND: (3) This property is developed as anlindustrial office complex and is zoned ML"(Limited Industrial) with a Resolution of Intent to the!Sports Entertainment (SE) Overlay Zone. The Anaheim General Plan Land Use ElementMap designates the site for Business Office/Mixed 'Use/Industrial land uses. (4) Surrounding land uses are as follows: Direction Land Use Zoning: General Plan Designation North Hotel ML 'Business'bffice/Mixed Use/Industrial East (across Orange' County Flood RS-A-43,000 `Business OfficelMixed Douglass Control District Use/Industrial Road) Maintenance Yard South and Orange'Freeway (SR-57) -- Freeway West PREVIOUS ZONING ACTIONS: (5) Conditional Use Permit No. 3716 (to permit an automobile parking lot for event-type parking) vvas approved by the Planning Commission on September 7, 1994. This poor request involved the demolition of the subject industrial complex and was never enacted. Therefore, staff recommends thatthis permit be terminated. sr8581au Page 1 Staff Report to the Planning. Commission: April 7, 2003 .Item No. 6 PROPOSAL: ',(6) The petitioner is requesting approval of a conditional use' permit in order to permit and retain industrially-related office uses within an existing industrial complex: The complex presently containins a number of tenants thafare not traditional industrial busineses. This request is an effort to formalize and expand opportunities for industrially-related'office uses! '(7) The'site plan (Exhibit No: 1) indicates this complex is comprised of 47,197 square feet of light industrial and`office uses: The tenant spaces are located in severc(7) separate buildings and are'separated by parking paces, irtternal circulation roads and courtyards. No exterior modification to the buildings is proposed, (8) The floor plans indicate 47 tenant spaces ranging from 380 to 3,625 square feet. Most spaces consist of an office and reception area in the front and awarehouse/storage area in the back with aroll-up door accessto the rear circulation9roads. The smailerunits provide office space only. (9) Vehicular access is provided by two: driveways from Douglass Road and plans indicate a total of 1:11 on-siteparking spaces for the complex once the parking lobs restriped with handicapped spaces, the number of spaces would be retluced to 108. Code requires 130 spaces based the following chart: Use Square'iFeet Code: Required Parking Ratio Parking Re wired Industrial Units 25,035 1.55 spaces per 1,000 sif. 38.8 (including up to'10% office).:: Industrial Office Area 342! 4 spaces per 1,000 s.f. 1.4 in Excess of'10% Office-Only Units 20,608 4 spaces per 1,000 s.f. 82.4 Medical 1,212 6 spaces per 1,000 s.f. GFA 7.3 TOTAL 47,197 130 (10) Elevation plans indicate the existing elevations consist of concrete tilt-up buildings with reflective giass:windows, wood fascias, and metal roll-up'deors. No change to the exteriors is proposed with this request. (11) Nc new signs are proposed in connection with this request. Staff Inspections have confirmed that many of the tenants within the complex exist withoutwall signs: Code currently permits an 8-foot high, 10-foot wide monument sign with a sign area of 65 quare feet;per face and wall signage not to exceed ten percent of the building elevation area. Page 2 Staff Report to the 'Planning Commission': April 7, 2003 .Item No. 6 GROWTH MANAGEMENT ELEMENT ANALYSIS: (15) The proposed project has'been reviewed by affected City`departments to detetmine whether it conforms with the City's Growth Management Element atlopted by'the City Council on March 17, 1.992. Based on City staff review of the proposed project, it has'been determined that this project does not fit within he scope necessary to require: a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (16) Industrially-related office uses are permitted in the ML zone subject to the approval of a conditional usepermit. The Code states that such uses should primarily serve and be compatible with: industrial'uses. (17) The requested waiver pertains to minimum number of parking spaces. Code requires a minimum of 1'30 parking spaces for4his industrial complex as described in paragraph nd: (9) of this report and 108 spaces are proposed. The petitioner has submitted a parking study prepared by Kimley-Hom'and Associates, Inc., dated October 2002,:. to substantiate the requested parking waiver:. The City Traffic and: Transportation Manager has reviewed the parking study and determined that the proposetl parking is sufficient for the industrial complex with the proposed office uses specified in the submitted letter of operation and tenant list: (18) The parking study also indicates the following findings to justify the requested parking waiver. (a) j "That the variance,'. under the'conditions imposed,,if any, will not cause fewer off-street parking spaces to be provided for such use than the number'of such spaces necessary to accommodate all vehicles attributable to such use under the normal`and 44 reasonable foreseeable conditions of operation of such use: r The Schmid Industrial Development provides a total of 111 parking spaces. When ADA spaces are striped on site, the parking supply will be 108 spaces. The maximum parking demand observed was 98 spaces (89% of capacity)'at 3:00 in the afternoon, on an event day atthe Arrowhead Pond: On two other, non-event days; the peak parking demand was 79 vehicles (71 %)'at 2:00 p:m. and 90 vehicles (81 %) at 1'i00 p.m. The existing'parkingsnpply adequately accommodates. the peak parking demand for the development at all times. (b) That thelvariance, under the conditions imposed, if any, will not increase the demand or competition for;parking spaces upon he public'streets in the immediate vicinity of the proposed use:' The results of the parking observations indicate that the peak parking demand for the Schmid'Jndustrial Development is currently accommodated completely'on site with the existing!parking supply of 111 spaces, and will continue to be accommodated with a parking supply of 108 spaces„ The complex is currently 98%a leased and occupied. The peak parking demand of 98 vehicles was observed late'n the afternoon and' on an afternoon event day at the Arrowhead Pond. (c) ;That the'variance, under the conditions imposed, if any, will not increase the demand or competition for parking spaces upon'adjacent private property in the; immediate vicinity of the proposed use (which property is noCexpressiyprovided as parking,for such use under an agreement in compliance witfi Section 18:06.010.020 of this code): The results of the parking observations-indicate that the Schmid Development wil(not require an off-site parking supply. The: analysis demonstrates that the existing parking .Page 4 "Staff Report to the i Planning Commission :.April 7,'2003 :Item No: 6 supply accommodates theioffice and warehouse parking demand, even on a day when ry` the site experienced parking encroachment from the Arrowhead Pond. The existing mixof office and warehouse uses ort the Schmid Industrial Development site will not generate a need for parking on any'adjacent properties. (d) That the variance, under the conditions imposetl, if any, will not increase traffic congestion, within the off-street parking areas or lots provided for such use: The site takes access via two driveways on Douglass Road. The site parking easily accommodates'the parking demand, including he peak traffic hours'of the day. Drive aisles and parking spaces: within the site meet all City standards. (e) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Ingress and egress for the Schmid Industrial Development is exclusive to the site, and doesnot rely on or encroach upon access or egress form;any other property, Adequate stacking for vehicles is provided onsite, such that vehicles will not back up onto the public street system:' (19) Code Enforcement Division indicates that no violations are currently pending for this location and site inspections and the photographs indicate the property is'.being maintained in'good condition. (20) Although this propertyis zoned for industrial land uses; the site and other surrounding: properties arse developed with office, R&D-type buildings restaurant/retail uses and a hotel. 'Because the complex is developed with office-type uses and is contiguous to non-industrial development, staff believes the proposed office uses would be compatible with on-site businesses as well as surrounding uses. Therefore, staff recommends approval of this request to permit industrial-relatetl office uses at this location. (21) Staff is concerned with. the potential of having medical.-type uses on this property due o the high parking demand of such businesses. Therefore,'staffhss included a condition of approval limiting medical uses to he existing 1,212 square foot chiropractic office. ' (22) Staff recommends the following list of office uses (originally established by Planning Commission Resolution PC85-225 on October 14, 1985) which are considered to primarily serve and be compatible with industrial customer uses: 1. Accounting =Bookkeeping, CPA Firms 2, Advertising 3. Appraisers 4. Banks i 5. Brokers -Real Estate, Business,Opportunities, Eta 6. Business System Companies 7. Communication Consultants 8. Computer Analysis Firms 9. .Credit Reporting Agencies 10. Designers-!Industrial,',Interior,Graphic i 11. Development Companies 12. Facility Maintenance and Planning 13. Insurance Companies/Agencies ' 14. lwentory Services 15. Leasing Companies .Page 5 Staff Report to the Planning Commission ` April 7, 2003 Item No. 6 16. Management Consultants/Companies 17. Marketing Research 18. Personnel Agencies 19: Quality Control Analysis E 20. Sales Offices (which serve the industrial area)'. 21': Secretarialand!BusinessBervices FINDINGSi (23) Section 18.06.080 of the parking ordinance sets forth the following findings which are required to be made before a parking waiver is approved by the Commission: (a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to tie provided for such use than the number of such spaces necessary to accommodate all: vehicles attributable`to such use under the norma!'and reasonably foreseeable conditions of operation of such use; and (b) '; That the waiver, under the conditions imposed, if any, will not'increase the demand and ,' competition for parking spaces upon the'public streets in the immediate: vicinity of the proposed use; and (c) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property.. in the immediate vicinity of the proposed use; and (d) That the waiver, under the conditions imposed, if any, will not increase traffic congestion r within the`off-streetparking areas or lots'provided for such use; and (e) :That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets ih the immediate vicinity of the proposed use. t tjnless conditions to the contrary are expressly imposed upon the granting of any waiver pursuant to this Section. by the Plahning Commission or City Council, the granting of any such waiver shalt be deemed contingent upon operation of such`use in conformance with the assumptions relating _to the operation and intensity of the use as contained in the'parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying orothenvise deviating from any of said assumptions as contained in the parking demand stutly shall be deemed a'violation of the express conditions imposed upon said waiver which. shall subject said waiver to termination or modification pursuant to the provisions of Sections 18,03.091 and 18.03.092of this Code. (24) Before the Commission grants any conditional use permit,'it must make a finding of fact that the evidence presented shows thafall of the following conditions 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 lahd uses and the growth and development of the area ih 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 not detrimental o the particular area' nor to the peace, healtfi afety, antl general welfare; Page 6 Staff Report to the Planning Commission April 7,'.2003 Item No 6 (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and,highways;designedand improved tc carry the traffid 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, safety,ahd generatwelfare of the citizens of the City of Anaheim': RECOMMENDATION: (25) Staff recommends that, unless additional or contrary information is received during the 'hearing, and based upon the evidence submitted tp the Commission, including the evidence presented in this staff;report, and oral and written evidence presented at the public hearing, the Commission take he following actions:` (a) By motion, approve a CEQA Negative Declaration. (b) By motion, approve the waiver pertaining to minimum number of parking spaces based on the findings. contained'within the parking study submitted by the petitioner as described in paragraph nos. 17 and18, of this deport and that the City Traffic and Trartsportation Manager upon reviewlof said parking study has determined that there is an adequate supply of parking spaces for the proposed office uses and based'on the following: (i) That the waiver, under the conditions imposed, and tiased upon the conclusions ''contained'in the submitted ~. -:'q demand study (as described in paragraphs (17) rand (18) of his report) wo!, +:ause fewer off-street parking;spaces tobe 'provided than is required tr, lathe parking demand for the complex. (ii) ,That the waiver, under the conditions imposed, would not increase the demand 'and competition for parking spaces upon the public streets and(adjacent private property in the immediate vicinity of the proposed use since parking is noti permitted on Douglass Road and adjacenfproperties are not easily accessible for off-site parking. (iii) That the waiver, under the conditions imposed, would not increase traffic 'congestion within the'off-street`parking areas or lots provided for such use. (iv) That the waiver, under the conditions imposed, would not impede vehicular ingress to or egress from atljacent properties, upon the public streets in the immediate `vicinity of the proposed use since the property contains adequate access`points ::and on-site circulation. (c) By resolution, approve this. request for Conditional Use Permit No. 2003-04673. (to permit industrially related `office uses'within an industrial complex) based on the following: (i) That the proposed use to permit industrially-related office uses_is properlybne for which a conditional use permit is authorized by the Zoning Code in the ML Zone. (ii) :That the proposed use would not adversely affect the adjoining gffice and'industrial "land uses or restrictlhe growth and economic development of the area in'which it is proposed to be located. (iii) 'That, as conditioned herein, the size and shape of the propertyis adequate to `accommodate the proposed'office uses tn'a manner•'hot detrimental to the particular Page 7 Staff Reporfto the Planning Commission April 7, 2003 Item No. 6 area nor to the peace, health, safety, and general welfare and with'no significant affects to adjoining properties as evidenced by the parking study..:': (iv) That, as conditioned herein, the traffic generated by permitting office uses would not impose an undue burdert upon the'streets and highways designed`and improved to carry the traffic in the area since the propertycontains adequate parking and circulation for patrons visiting the'ste. (v) That the granting of the conditional use permit under the conditions imposed,'would not be detrimental to the peace, health, safety;and general welfare of the citizens of the,City of Anaheim. 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 THAT THIS PERMIT9S APPROVED. 1. That the proposal shall comply with all signing requirements of the ML Zone. Anyhew signage shall be subject to the reviewand approval by the'Zoning Division. Any'decision by the Zoning "Division may be appealed to the Planning Commission as a Reports and Recommendation item. 2. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 3. 'That no outdoor special events shall be permitted. 4. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris; and removal of graffiti within twenty-four (24) hours from time of occurrence. 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/pr dead. 6. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material -The numbers shall not be visible from the view of the street or adjacent and nearby properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division'approval. 7. That the proposed office uses'shall be limited to the following listed uses: 1. i Accounting -Bookkeeping, CPA Firms 2:'' Advertising 3.% Appraisers 4.s Banks 5. Brokers - RealEstate, Business Opportunities; Etc. 6. Business System Companies T.' Communication Consultants 8.? Computer,4nalysis Firms 9. Credit Reporting Agencies 10i Designers -Industrial, Interior, Graphic 11. Development Companies'i 12: Facility Maintenance and Planning 13: Insurance Companies/Agencies 14: Inventory Services 15 Leasing Companies 16 Management Consultants/Companies Page 8 Staff Report to the Planning Commission I' April T,'2003 Item Na 6 17. Marketing Research 18. Personnel Agencies 19. Quality Coptrol Analysis 20. Sales Offices (which serve the industrial area) 21. Secretarial and Business Services Each individual use shall require the approval of the Planning Department prior to occupancy which approval shall only be given when if is demonstrated by the applicant that such use is either an expressly permitted use in this zone or meetslhe criteria listed in this condition. 8. That subject property shallbe 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. 9. That a maximum of 1,212 square feet of floor area shall be permitted to be utilized for medical-type uses within this industrial/office complex. 10,` That the property owner shall submit a letter requesting termination of Conditional Use Permit No.'3716 (to permit an automobile parking lot for event-type parking) to the Zoning Division. 1 t That a minimum' of 108 parking spaces shall be maintained on the property. 12 ' 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. 6 and 8, above- mentioned, shallbe complied with. Extensions for further time to complete said conditions may be granted in accordancewith Section 18.03.090 of the Anaheim Municipal Cdtle. 13. That prior to final zoning inspections, Condition No. 12, atiove-mentioned, shall' be complied with. 1k. That approval of this application constitutes approval of the proposetl request only to the extent thatitcomplies'with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not includeany action`or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Page 9