PC 2003/12/01CITY OF ANAHEIM
PLANNING COMMISSION AGENDA
DECEMBER 1, 2003
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
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CALL TO ORDER ~",`~-
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PLANF11IdG.CQ'
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ADJOURNMENT
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AGENDA
agenda, please
12-01-03
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:
Item 1-A through 1-B 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.
A. (a) CEQA 15061 (b) (3) GENERAL RULE
(b) ZONING CODE AMENDMENT NO. 2003-00027
Eric Hull, Tait and Associates, 701 North Parkcenter, Santa Ana, CA
92705, requests amendment to the Brookhurst Commercial Corridor
(BCC) Overlay Zone to allow off-site alcohol sales by conditional use
permit for markets, grocery stores or drug stores with a minimum
interior floor area of 15,000 square feet.
B. Receiving and approving the Minutes from the Planning Commission
Meetings of November 17, 2003. (Motion)
Project Planner:
(cwaoner a(~anaheim:net)
sr1134cw.doc
Q.S. 34
12-01-03
Page 2
PUBLIC HEARING ITEMS:
2a.
2b.
NO.
OWNER: Andrew Y. Lui, 1730 Sunny Knoll, Fullerton, CA 92835
AGENT: Mike Helguero, 500 North Brookhurst Street, Anaheim, CA
92801
LOCATION: 500 North Brookhurst Street. Property is approximately
1.2 acres, located at the northeast corner of Brookhurst
Street and Alameda Avenue (Plaza Garibaldi Restaurant).
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on July 13,
1999 to expire July 13, 2003) to retain the retail sales of alcoholic
beverages for on-premises consumption within an existing restaurant with
a bar, banquet facilities, and to permit accessory public entertainment.
Continued from the November 3, 2003, Planning Commission Meeting.
CONDITIONAL USE PERMIT RESOLUTION NO.
3a. CEQA CATEGORICAL EXEMPTION -CLASS 1
3b. CONDITIONAL USE PERMIT NO. 2003.04755
OWNER: Taormina Trust, William Cosmo Taormina, 128 West
Sycamore Street, Anaheim, CA 92805
AGENT: Ryan Wells, MMI Titan, 310 Commerce Drive, Irvine, CA
92602
LOCATION: 201 East Center Street. Property is approximately 0.09-
acre, located at the northeast corner of Center Street and
Claudina Street (Kraemer Building).
To permit and retain aroof-mounted telecommunications facility on an
existing historic building and accessory ground mounted equipment.
Continued from the September 22 and October 20, 2003, Planning
Commission Meetings.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(i o ra mi re z(o) a n a h e i m .net )
sr5067jr.doc
Q.S. 39
Requestfdr
continuance ko
December 15, 2003
Project Planner:
(vnonvood(a anaheim.net)
sr5066jr.doc
Q:S. 83
12-01-03
Page 3
4a. CEQA CATEGORICAL EXEMPTION -CLASS 11
4b. VARIANCE NO. 2003-04584
OWNER: Raymond A. Masciel, P.O. Box 4241, Anaheim, CA 92803
AGENT: Randall Boone, Randall Boone Sign and Lighting, 34342
Pacific Coast Highway, Dana Point, CA 92629
LOCATION: 101 East Lincoln Avenue. Property consists of iwo
parcels and is approximately 1.3 acres, located at the
northeast corner of Anaheim Boulevard and'Lincoln
Avenue (Harbor National Bank).
Request waiver of minimum distance between monument signs to
construct an additional monument sign.
VARIANCE RESOLUTION NO.
Sa. CEQA CATEGORICAL EXEMPTION -CLASS 11
5b. VARIANCE N0.2003-04585
OWNER: Tracy McLamb, Wilmington Trust Company, Rodney
Square North, 1100 North Market Street, Wilmington, DE
19890-0001
AGENT: Noe Pena, Little Diversified Architects, 1050 Lakes Drive,
Suite 275, West Covina, CA 91790
LOCATION: 1095 North Pullman Street. Property is approximately 18
acres, located south and west of the southwest corner of
Old Canal Road and Pullman Street, having a frontage of
623 feet on the west side of Pullman Street (Home Depot).
Request waiver of permitted signs within the Scenic Corridor Overlay
zone to construct afreeway-oriented parapet sign in conjunction with a
home improvement store.
VARIANCE RESOLUTION NO.
Project Planner:
(ayazquez gnanaheim.net)
sr8672av.doc
Q.S. 83
Project Planner:
(dseefa anaheim.net)
sr2142ds.doc
Q.S. 206
ADJOURN TO MONDAY, DECEMBER 15, 2003 AT 10:00 A.M.
FOR PRELIMINARY PLAN REVIENI.
12-01-03
Page 4
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
3'. ~<7 ~.r-- • I 112.51 0~
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
SIGNED: ~`~'~"- ~ ,~''""-"'
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL 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 Department, (714) 765-5139. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Telephone System at 714-765-5139.
12-01-03
Page 5
~CFiEl1LE
2003/2004
DECEMBER 15
DECEMBER 29*
*Meeting cancelled due to a lack of a quorum
___
JANUARY 12
JANUARY 26
FEBRUARYS
FEBRUARY 23
MARCH 8
MARCH 22
APRIL 5
APRIL 19
MAY 3
MAY 17
JUNE 2 (WED)
JUNE 14
~- JUNE 28
JULY 12
JULY 26
AUGUST 9
AUGUST 23
SEPTEMBER 8 (WED)
SEPTEMBER 20
OCTOBER 4
OCTOBER 18
NOVEMBER1
NOVEMBER 15
~- NOVEMBER 29
DECEMBER 13
DECEMBER 27
ITEP1 N0. 1-A
Zoning Code Amendment No. 2003-00027 Subject Property
Date: December 1, 2003
Scale: Graphic
Requested By: ERIC HULL Q.S. No. 30, 31, 32, 33, 34, 35
37, 38, 39, 40, 41, 42
REQUEST TO AMEND THE BROOKHURST COMMERCIAL CORRIDOR (BCC) OVERLAY ZONE
TO ALLOW OFF-SITE ALCOHOL SALES BY CONDITIONAL USE PERMIT FOR MARKETS, GROCERY
STORES OR DRUG STORES WITH A MINIMUM INTERIOR FLOOR AREA OF 15,000 SQUARE FEET.
t3rookhurst Commercial Corridor (BCC) Overlay Zone
1053
ATTACHt1EIJT - ITEM N0. 1-A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.55.044 OF CHAPTER 18.55 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING (OFF-PREMISES SALE OF
ALCOHOLIC BEVERAGES IN BROOKHURST COMMERCIAL
CORRIDOR OVERLAY).
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsection .0441 of Section 18.55.044 of Chapter 18.55 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
"18.55.0441 LIMITATIONS AND EXCEPTIONS TO PERMITTED, ACCESSORY, AND
CONDITIONAL USES AND STRUCTURES.
Notwithstanding any other provisions of this Chapter to the contrary, the following
permitted, accessory, and conditional uses shall not be permitted:
.010 Billboards, as defined in Chapter 18.05.
.015 Amusement device arcades.
.020 Boarding and/or lodging houses.
.025 Non-residential use of residential structures_
.030 Bars and cocktail lounges, unless integrated with afull-service restaurant that
has been approved by a Conditional Use Permit pursuant to Section
18.55.0442.080.
.032 Computer Rentallinternet Amusement Businesses, as defined in Section
18.01.040 of this Code.
.035 Hotels, motels, and motor inns.
.040 Large collection facilities for recycling purposes.
.050 Labor camps.
.060 Liquor stores.
.070 Massage parlors.
.080 Mobilehome and/or trailer parks.
.090 Mobilehome park subdivisions.
.100 Nightclubs.
.110 Off-premises sale of alcoholic beverages in premises having 15,000 square
feet or less in interior building floor area.
aa--iaterie ,
120 Pawnshops.
125 Pool and/or billiard centers
130 Public dance halls, as defined in Chapter 4.16..
.140 Reconstruction of asingle-family residence damaged or destroyed, except as
provided in Section 18.44.020.305.
.150 Residential or Group Care Facilities, as defined in Section 18.01.190, far seven
or more residents.
.160 Saunas and/or Turkish baths.
.170 Self-storage ormini-warehouse facilities
.180 Sex oriented businesses:'
SECTION 2.
That subsections .0442 of Section 18.55.044 of Chapter 18.55 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
"18.55.0442 CONDITIONAL USES AND STRUCTURES.
In addition to those conditional uses and structures listed in Section 18.44.050, and
further subject to 18.55.0441, above, the following buildings, structures, and uses may also be permitted
subject to a conditional use permit and subject to the conditions and required showings of Section
18.03.030 "Conditional Use Permits -General:"
.010 Bed and Breakfast inns.
.020 Bingo establishments.
.030 Bus depots. -
.040 (Deleted)
.050 Markets or grocery stores without off-premise sale of alcoholic beverages having
an interior building floor area of 38,D00 15,OD0 or less square feet eNess.
.060 Markets, er grocery stores or drug stores with off-premise sale of alcoholic
beverages having an interior building floor area of greater than 38;000 15,000
square feet, provided that the area used for alcohol display shall not exceed
twenty-five percent (25%) of the retail sales floor area of the store.
.070 Reconditioned or used merchandise sales.
.080 Restaurants, as defined in Section 18.01.190, with or without on-premises sale
and consumption of alcoholic beverages and/or public entertainment"
SECTION 3. SEVERABILITY
The Gity Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any ordinance of this City shall in
any manner affect the prosecution for violations of ordinances, which violations were committed prior to
the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the
same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new enactments.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or corporation to violate any provision or to fail to
comply with any of the requirements of this ordinance. Any person, firm or corporation violating any
provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not exceeding six (6) months, or by
both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a
separate offense for each day during any portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person, frm or corporation, and shall be
punishable therefore as provided for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City
of Anaheim this day of , 2004.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
ITEM N0. 2
J " RM-1200
RCL 89-90-341
RS-A-03,000
RM-1z9g RcL Sa-99-1~ FIRE STATION
VAR 4115
VACANT N0.2
CRESCENT AVENUE 1
2CL 98-99-11
iCL 81-82-13 BrDDkhurst Commercial CDrddor 1
Ielent to RM300g)
/P 2(103-0d]39
CL CL "'~-~'~.
CUP 2292 RCL 98-99-11 RCL 9&99-11
EIR3 RCL 72-73-03 RCL 72.73-03
CUP 2908 CUP 169d ,
GL 5:5.8 VAR 3190
RCL 98-99-11 FOOD MART OFFICE
BLDG.
RCL 72-73-8
CL T-VAR 4408
VAR 4389
tCl 98-99-11 VAR 2403
;CL 99-00-11 ADJ 0176
1CL 81-82-13
Intent to RM-3000
I EIR 319 RCL 98L99-11 RM-1200
CUP 2292 OFFICE BLDG. RCL 72-73-03 RCL 69-70-08
EIR 319 CUP 1594 CUP 1225
H- OFFICE BLDG. VAR 2616
W VAR 2717 S
W TARA HILL
~ ~' APARTMENTS
° CL H
(A z ~:. - ~, lam a. F
;~ ~^ z"l~e CLt~!io
W
~ 368 DU
RCL 98-99-11
~ RCL 98-99 11
~
U RCL 72-73-8 ~
RcL 72x3-03 ; ~'
VAR 2403 I- ~
,
-', RCUP 2003-04701
,
ADJ 0080 r4 ,
3,. ~ ~
m '?~~ CUP a113
~ E1R 319 ~ )
'~` jcUF i59a
~' w
E PROFESSIONAL ~ )
I i~ RESTAURANT qNO ' ~
~ OFFICES Y i r; NIGHTCLUB ref j
1
PR m O {~--270'-®{ 1 ALAMEDAAVE
RCL 76-77.28 O
~
CUP 2863414739 =
GPC 2002-00021 Y
m
OO~COURSE
m CL
RCL 98.99-11
RM-1200 N
y
RCL 63-64-114 yqR 1.g~ S RCL 62-63-91 J I
(Res of Jntent to RM-1200 GUP 2480
RCL 64-65-88 CUP 396
CUP 561 APARTMENTS
VAR 1584
EIR 319 VAR 19325
PROFESSIONAL
OFFICES BROWNWOOD AVE
CL VAR 1932 5
RCL 9&99-11 RM-1200
RCL 67-60-36 RCL 62-fi3-91
-
EIR31s _
CUP 396
EL RANCHO PLAZA VAR 1932 5 VAR 3439
L APARTMENTS
RCL 98.99-11
RCL 6d-65-04
ANIMAL HOSPITAL
Conditional Use Permit No. 4113 (READVERTISED) ~ Subject Property
TRACKING NO. CUP2003-04781 Date: December 1, 2003
Scale: 1" = 200'
Requested By: ANDREW Y. LUI TR Q.S. No. 39
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICAT ION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON JULY 13, 1999
TO EXPIRE JULY 13, 2003) TO RETAIN THE RETAIL SALES OF ALCOHOLIC BEVERAGES FOR
ON-PREMISES CONSUMPTION WITHIN AN EXISTING RESTAURANT WITH A BAR, BANQUET
FACILITIES AND TO PERMIT ACCESSORY PUBLIC ENTERTAINMENT.
500 North Brookhurst Street -Plaza Garibaldi 1664
Staff Report to the
Planning Commission
December 1, 2003
Item No. 2
2a. CEQA NEGATIVE DECLARATION (PREVIOUSLYAPPROVEDI (Motion) ,
2b, "CONDITIONAL USE+PERMIT NO. 4113 (READVERTISED) (Resolution)
(TRACKING NO. CUP2003-04781)';;
SITE LOCATION AND DESCRIPTION:
(1) This rectangularvshaped, 1 i2-acre property is located at the northeast corner of Brookhurst Street
and Alameda Avenue, having frontages of 195 feet on the'east side of Brookhurst Streetand 270
feetron the north'side of Alameda Avenue (500 North Brookhurst Street -Plaza Garibaldi '
Restaurant).
REQUEST;
(2) The petitioner requests reinstatement of this permit by the modification or deletion of a condition of
approval pertaining to time limitation (approved on July 13, 1999, to expire on July 13, 2003) under r
authority of CodeSection 1 13,03.093 to retain the retail sales of alcoholic beverages for on->
premises consumption within an existing restaurant with a bar and banquet facilities, and td permit
accessory publicentertainment.
`BACKGROUND:
(3) This item was continued from the November 3, 2003, Planning Commission meeting to
readvertise the'request to include accessory public entertainment and clarify the cunent
business operation.
(4) This property is developed with a freestanding restaurant and is within'the CL(BCC) (Commercial,
Limited- Brookhurst Commercial Corridor Overlay) Zone and the West Anaheim Commercial
Corridors Redevelopment Area. The Anaheim General Plan Land Use Element'Map designates
this property for General Commercial land uses and furtherdesignates surrounding properties as -
follows; General. Commercial to the north, Medium Density Residential to the east and Open
Space: (Golf Course) to the west across Brookhurst Street.
(5) Conditional Use Permit No.'4113 (to permit a restaurant with ttie sales of alcoholic beverages for
on-premises consumption including a,bar, entertainment, dancing and banquets) was approved by
the Planning Commission for a period of one (1) year on May 24, 1999. This item was
subsequently appealed to the City Cquncil. The Council approved this permit for a period of four
(4) years on July 13, 1999; to expire on July 13,.2003.
(8) Resolution No. 99R-158, adopted in conjunction with Conditional Use Permit No 4113, contains
the following conditions of approval
"19. That the hours of operation shall be limited to 11 a.m. to 11 p.m., Sundays through
Thursdays, and 11 a.m. to 12 a.m. on Fridays and Saturdays.
27. That this conditional use permit shall expire, and the uses approved hereunder sfiall be
terminated on July;13, 2003." 1
Sr5057Jr
Page 1
Staff Report to the
Planning Commission
rbecembeC1,2003
item No. 2
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'View of the propertylaoking east fromLBrookhurst Street r
DISCUSSION:
(7) Mike Helguero, owner of the restaurant, has: submitted'the attached letter requesting
reinstatement of this permit by the deletion of the above-referenced condition of approval
pertaining to'time limitation, to retain the retail sales of alcoholic beverages for on-premises
consumption'within an existing restaurant with a bar, entertainment, dancing and banquet
facilities. The petitioner has also amended the request to allow expanded flours on Friday and -
Saturdaynights until 1 a.m., and to allow accessory public entertainment on these evenings. A `
restaurant with public entertainment is defined in the zoning Code as: "A restaurant, with or
without on-premises sale and consumption of alcoholic beverages, wherein`music and/or live
entertainment is provided for patrons to dance or otherwise be entertained,. which is regularly
open to the public uoon the oayment of a cover charoe or admittance fee. and is not e`sex-
oriented business as defined in Section 1889.020 of this code.'Public entertainment is, and
shall at all times be, accessary fo the primary restaurant use."
(8) The submitted letter of operation describes in more detail the business operation. The
letter indicates the restaurant speclaiize5 in Latino'entertainment andauthentic Mexican
food. Mr. Helguero compares his business to WildBiii's (located in Buena Park) and
indicates that they provide entertainment to patrons, which7ncludes mariachis folkloric
dancers, a cowboy roper, a crazy waiter, and other acts. These shows occur Friday,
Saturday, and Sunday nights. Throughout the remainder of the week, Plaza Garibaldi is
a Festaurant open forboth lunch and dinner, and certain nights are used for private
parties, withor without entertainment. No cover charge is required at he door,' however,
if no meal is'purchased, a $10.00 charge is required to cover entertainment costs. Plaza
Garibaldi presents three mariachi shows on Fridayand Saturday (7:30'p.m., 9:30 p.m.,
J
and 11:30 pm.), and five shows on Sunday (1:OOp.m., 2:30 p.m., 7:00 p.m., 9:00' p.m., and`
10:45 p.m.).-.The restaurant is open from 70:00 a.m. to 9:00 p.m., Monday through
Thursday, 10:00 a.m.'to 1:00 a.m. Fridayand Saturday, and 10:00 a.m. 0 11:30 p.m. on
Sunday.
Page 2
Staff Report o the
Planning Commission ''
pecember3, 2003
Item No. 2
(9) To demonstrate that the findings required for the reinstatement of this use have been satisfied,
the,petitioner has submitted the attached Justification for Reinstatement which indicates that,
except for the installation of additional signage (wall, signs and freestanding signs) and
the'modificatons to the business operation as requested herein, no aspect of the nature of
the: operation has changed since the last approval, that the physical property has remained the
same, and that all conditions of app~ovai pertaining to the permit have been complied with. The
petitioner has also submitted a financial summary of business activity from January
2003 to June 2003, indicating the' ales of alcoholic bevereges does not'exceed 40% of
the gross sales of ail retail sales'during any three (3) month period (29% of sales for the
1'~ quarter, and 30.4 % for the 2nd quarter).
(10) The Anaheim Police Department submitted the attached memorandum, dated October
17,2003, regarding the;requesffor reinstatement, modification to the hours of operation, '
and the addition of accessory public entertainment. -.The memorandum indicates the
property is located within Reporting District 1620, which has a crime rate of 213%d'above
the citywide averaoe. The property is also: within census tract 871.02, which has. e
population'of 5,862. This population allows for seven (7) on sale licenses, and there are
presently four (4}. The: memo further indicates thattrom November 2002, through
November 19 2003, this property has had 35 calls for service.`These calls consisted of
12 private party impounds, 6 burglary alarms audible, 7 911 hang-ups, 1 fight, 2
suspicious vehicles, 2 petty thefts, 1 recovered lost or stolen property, 1 recovered
stolen vehicle, 1 suspicious circumstances, 1 disturbance gang, and 1 vandalism: Of
these calls for service, 16 reports were taken. These reports consist of 73 vehicle
storage reports, 1 property lost, and 2 thefts. The memo also indicates he business has
been operating in violation of the approved Conditiohal Use Permit and`ABC license.
According to'both the license and the CUP, the business cannot be open beyond'12
midnight on any evening. The business is also operating in violation of the current
Dinner Dance Permit (no admission fee, cover charge, advance prepayment for meals, or
similar fees shall be imposed upon patrons as a condition of entry to the premises), Due
to the reasons listed above and the extremely high crime rate,. the Police Department
opposes the request to permit accessory public entertainment and extended hours of
operation but does no£oppose the reinstatement for a period'of one (1) year, subject to
recommended conditions of approval.
(11) The Code Enforcement Division has submitted the attached memorandum dated October 23,
2003, pertaining to property compliance history and inspections conducted on August 22 and
October 21, 2003. The memorandum indicates that there are no citizen complaints regarding
the business.'The memorandum`aiso indicates that certain aspects of the business operation
have changed: and are inconsistent with the previouslyapproved conditional'use permit: The
owner of the restauranFndicated to CodeEhforcemenfstsff that the restaurant is open until 1
a.m1 on Friday and Saturday nights and that on some nights, a cover charge is required. Staff
further observed a sign within the building indicating "No Dinner a`$10.00 Cover Charge, two
drinks minimum:' Condition No <l S of Resolution Na. 99R-156 dermits the business to be open '
until 12 a m'(midhiahtl on Friday and Saturday nights-and the current Dinner Dance Permit for
the restaurant includes' a conditidn hat does'hot allow an admission fee, cover charoe; nor a
mihimum purchase to be imodsed uoorc paGdhs of the'establishment.
"Page 3
Staff Report to the
Planning Commission
+ December 1, 2003
'.Item No 2
<n1y y ~,
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3pi ry
~~ zt`~i`+~ ~ ..A_ ~ .kE'~^~sm+~ ors
View of the new unpermitted monument sign located on the property
(12) During site inspections, staff observed a new monument sign at the southwest corner of the
properly and several wail signs located on the west (facing Brookhurst Street) and north
building elevations. Building Division records indicate that no permits have been issued for the
monument sign or waFl signs. Because the' property has a street frontage of 465 feet; only one
freestanding or monument sign is permitted along Brookhurst Street (one existing non-
conforming;freestand(ng sign is located on the property). The Commission may wisfi to note
that the unpermitted sign (located in the center of the'picture above) does not comply:. with the
Code requirements pertaining to'height, width, design, or location. Staff has included a
condition of approval requiring this unpermitted sign to be removed. Currently there are a total
of seven (7)'wall signs!on the north and west elevations of the building. Because this property
is located within the Brookhurst Commercial Comidor'(BCC) Overlay Zone: and within`a
Redevelopment Project Area, and this use is subject to approval of a conditional use permit, the
imposition of more restrictive sign requirements is appropriate to eliminate the potential
blighting influences associated with a proliferation of signage in this areaSince 4he November.
3 2003, Commission meeting,'the petitioner has removed three wall signs located on the
building (as indicated in the"photographs below)."However, no plans have been
submitted to the Zoning Division for approval of the remaining wall signs. Staff has also
included a condition of approval requiring that plans for the 4 remaining wall signs be'submitted'
to the Zoning Division for review and approval and that appropriate permits be obtained.
I
Page 4
Staff Report to the
Planning Commission
December 1 2003
Item No. 2
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Wall signs that have been removed
(13) Based on concerns raised by the Police Department pertaining to the petitioner's
violation of the restrictions placed on the ABC license, dinner dance permit and
conditional use permit, staff is not supportive of the'request to!add public entertainment
and'extended hours of operation. The Police Department is not opposed to reinstating
the`permlt as[previously approved, for a period of one (1) year to expire July 13, 2004.
(14) Commission may wish to note that at the time of the original approval of Conditional Use. Permit
No: 4113, testimony was received by nearby residents that late night parking'lot activity was
causing noise disturbance to those'residents. Therefore; Council restricted the hours as
currently conditioned.
ENVIRONMENTAL IMPACT ANALYSIS:
(15) Staff has reviewed the proposal and,finds no significant adverse environmental impacts resulting
from he existing activity on this property. Therefore, staff recommends that the previously-
approved Negative Declaration adopted In conjunction with Conditional Use Permit No. 4113
serve as the required environmental: documentation for this request'upon a firstling by the
Commission tftat the Negative Declaration reflects the independent;judgmenf ofthe lead agency
and that it has'consideretl the Negative Declaration together with any commerts receivatl during
tha public review process'and further finding on the basis of the Initial Study (a copy of which is
available for review In tfie Planning Department) and any comments received: that thereis no
sutistantlal evidence that he project:. will have a significant effect on the environment.
GROWTH MANAGEMENT`ELEMENT ANALYSIS:
(16) The proposed project has been reviewed by affected City departments to determine whether iY
conforms to the City's Growth Management Element adopted by the City Council on March 17,
1992. Based oh City staff review of the proposed project; it has been determined that this
project does not fit within:the scopenecessary to require'a Growth Management Element
analysis, therefore, no analysis has been performed.
..page 5
Staff Report to the
Planning Commission
December 1, 2003
item No; 2
FINDINGS:
(17) Before the Cpmmission grants any conditional use permit, it must make a finding of fact that
the evidence presented shows that all of the following conditions exist:
(a) Thatthe 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 he adjoining land uses and the growth
and development of the area in which it is proposed to be located;
(c) That the size ahd shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a mannerhot detrimental to the particular area nor
to the peace, health, safety, and general welfare;
(tl) 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) Thafthe granting of the conditional use permit under the conditions imposed, ff any, will
not be detrimental to the peace, health, safery'and general welfare'of the citizens of the
Cityof Anaheim.
(18) Subsection'18.03.0935040 of the Zoning Code requires that before the Commission grants
reinstatement of the approval by extension; modification or deletion, the applicant must
present evidence to establish the following findings:
(a) The facts necessary to support each`and every,required showing for the issuance of
such'entitlement as seCfdrth In this chapterezist;
{b) Said permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations d~iginally approved by the approval body;
(c) Said permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the putilic peace, health, safety and general welfare; and
(d) With regard only to any deletion of a time limitation, such deletion is necessary to permit ' I
reasonable operation under the permit as granted.
RECOMMENDATION:
(19) Staff recommends that, unless additional or contrary testimony is received during the meeting,
and based upon the evidence submitted to the Commission, including the evidence presented in
this staff report, and orafand written evidencepresentedatthe putilic hearing, that the
Commission take the following actions:
(a) By motion, determine that the' previously-approvedCEQA Negative Declaration is adequate ' 1
to serve as the appropriate environmental documentation forthis request. i
Page 6
Staff Reportto the
Planning Commission
<December 1; 2003
Item No. 2
(b) By resolution, approve reinstatement of Conditional Use Permit No. 4113' (Tracking No.
CUP2003-04781),' fog a periodof one (1J year, to expire July 13, 2004, to retain the retail
sales of ajcoholic beverages. for on-premises consumption within an existing restaurant with
'a bar and=banquet facilities, and den the request for: a) the modification of the wndition of
`'approval pertaining to hours of operation o extend the hours of operation. until 1 a:m. on
Friday and Saturdav'nights, and b) accessory public"entertainment in conjunction with the
'existirg restaurant; based on the following:
(I) That the request to reinstate this permit is properly one for which a conditional use
permit is authorized by the Zoning Code and'that the conditions of approval have
been compiled with.
(ii) That except for the extended hours and cover charge ttifs permit has been
substantially,operated in the same. manner as originally: approved. by the
Commission: Code Enforcementbivision has Inspected the premises and has
determined that the business is currently being operated in substantially the: same
manner as originally approved. However, a ime limif is necessary to ensure
future compliance. Irc addition,'a new condition of approval requiring that the
approprfate;permits be obtained for the remaining wall signage is being
recommended.
(iii) That the permit is currently being exercised in a manner not detrimental to the
particular area and surrounding land uses, as there have been no citizen complaints
regarding the property. ;However the nearby residents may not have complained
about noise disturbances that may have extendedbeyond midnight, by the
extension of business hours to 1:00 a.m.
(iv) That there have been no changes' o the applicable zone standards that would
invalidate the findingsthat were the basis for the original approval' of this permit.
(v) That based on the information and recommendation provided by the Police
Department: and Code Enforcement Division, and'due to the,high crime rate
and the adjacent residential properties, and because the business has been
operating in;violation of the current Dinner Dance Permit, Conditional. Use
Permit, and ABC License, staff believes that the establishment of accessory
public entertainment would adversely affect the adjoining land uses
(residential o the south and east), and would be detrimental'to the peace,
health, and'safety ofthe neighborhood.
(c) 'Staff further recommends that'should the Commission wish to approve this request, that the
conditions of approval contained in Resolution No.,99R-158 be incorporated into a`hew
'-resolution; which includes the following conditions of approval:
1. That the retail sales of alcoholic beverages for on-premises consumption portion of this
permit shall expire in one (1) year on July 13 2004,
2. That no outdoor storage shall be permitted.
3. That trash storage areas sfiall be maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division to comply with approved'plans on file with said Department.
Page 7
Staff Report to the
Planning Commission
becember 1, 2003
Item No`. 2
4. Thatahe property shall be permanently maintained in an orderly fashion by providing regular
landscape maihtenance, removal of trash or debris, and'removal of graffiti within twenty-four (24)
hours from time of occurrence.
5. Thaithe establishment shall be operated as a `'Bona Fide Public Eating Place`' as defined by
Section 23038 of the California Business and'Professions Code.
6. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first;'on each day of operation.
7. Thatthere shall be no pool tables maintained upon the premises at;any time,
8. Thaisubject alcoholic beverage license shall not be exchanged fora public premises (bar) type
license nor shall the establishment be operated as a public premise as defined in Section 23039 of
the!Calffomia Business and Professions Code.
9. Thaithe sales of alcoholic beverages shall not exceed 40% of the gross sales of all retail sales
during any three (3) month period. The applicant shall maintain records on a quarterly tiasis
indicating the separate amounts of sales of alcoholic beverages antl other items. These records
shall'be made available, subject to audit and, when requested inspection by any Ciry of Anaheim
official during reasonablebusiness hours.
i 10. That there shall be no live entertainment, amplified music or dancing permitted on the premises ail
any time withouiissuance of proper: permits as required by the Anaheim Municipal Code:
11. Thaithe sale of alcoholic beverages for consumption off the premises shall be prohibited.
12. Thatthere shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcohol beverages, with the
exception of one (1) sign' indicating ^cocktalls"•
? 13. Thatahe hours of operation shall be limited to 11 a.m'. to 11 p.m., Sunday through,Thursday,
and 11 a.m. to' 12 midnight Friday: and Saturday.
14. Thaithe parking lot serving the premises shall be equipped with decorative lighting of sufficient
power to illuminate and make easily discernible the appearance and conduct of all persons on or
about the parkjhg lot. Said lighting shall be directed, positioned and shielded in such a manner so
as not to unreasonably iiluminate the windows.`of nearbyiproperties,'
15. Thaithe business operator shall comply with Section 24200.5 of the Business and Professions
Code so as not to employ,or permit any persons to solicitor encourage others, directly or
indirectly, to buy them drinks in the licensed premises under any commissions percentage, salary,
or otfierprofit-sharing plan, scheme or conspiracy.
16. That there shall. be no public telephones on the property that are located outside the building.
17. Thaithe parking lot shall tie chained, locked and emptied of patrons no later than one half hour
after the closing of the restaurant.
18. That a plan showing screening for the existing,above ground transformer and refurbishment of the
existing landscape planters, including additional shrubs and flowers'along thesouth building wall, ?
and the refurbishment of the planteC along the'south property line adjacent to'the parking lot, shaft
be submitted for Zoning Division review and approval. Said planting plan shall be implemented
within 30 days of Zoning,Division approval.
' Page 8
Staff ReporEto the
Planning Commission
December 1; 2003
Item No. 2
19. That the property?bwner shall pay the costs of Code Enforcement quarterly inspections, or'as often '
as necessary, as Seemed necessary by the City's Code Enforcementbivision to gain and/dr
maintain compliance with State and local statutes, ordinances, laws or regulations.
20. That as required by the Anaheim Police Department, a maximum of two (2) licensed uniformed
security guards,'approved by the Anaheim Police Department, shall be provided on the premises
specifically to provide security, and o discourage vandalism, trespass and/or loitering; upon or
adjacent to the subject property. At all times that dancing or entertainment is being permitted,
at least 2 security personnel, one in the parking lot and one at the door shall be provided to
maintain order and prevent disturbance to the surrounding residential neighborhood. Said 's
personnel shall be clothed in such as manner as to be readily identifiable as security. That
any and all security officers provided shall comply with all State and Local ordinances
regulating their: services,' including, without limitation, Chapter 11.5 of Division S of the '
California Business and Profession Code.
21. That the property owner shall remove the unpermitted monument sign located at the
southwest corner of the property,'or process a variance to maintain said sign.
22. That the appropriate permits shall be obtained for ail existing unpermitted`wail signage.
Such signage shall not exceed ten percenf(10%) of the building face area'as permitted by
Code.:Said information shall be specifically'shown on`plans submitted for Zoning Division
and Building Division approval. Any additional signage shall be`subject to review and
approval by the Zoning Division and may be'appealed to the Planning Commission as a
"Reports and Recommendation Item".
23. That no admission fee, cover charge, advance prepayment for meals, or similar fees shall
be imposed upon patrons as a condition of entry to the premises.
24. That the activity,within the building'shall nat create sound levels which violate any ordinance
of the; City of Anaheim.
25. That the number of persons within the premises shall not exceed the maximum occupancy
load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall
be posted in a conspicuous place on an approved sign fiear the main exit from the room.
Y8. That the doors shall remain closed` but unlocked at all times that entertainment is permitted,
except during times of entry or exit, emergencies and deliveries.
27. That the business shall not be operated in such a way as to be detrimental to the public health,;.
safety. or welfare.
28. That ail entertainers and employees shall be clothed irtsuch a way as to not expose "specified
anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. ?
Y9. That the floor space provided for dancing shall be free of any furniture or partitions and f
maintained in a smooth and safe condition. ?
30, That the entertainment shall be restricted to that which is approved on the entertainment
permit issued by the City of Anaheim.
Page 9
Staff Report to the
Planning Commission
December 1, 2003
Item No. 2
31. That no person under the age of 21 shall sell or deliver alcoholic beverages.
32. That the Petitioner shall post and maintain a professional quality sign, at least two feef
square with two inch block lettering in Ehglish and in Spanish, facing the premises parking;
lot(sf that reads as follows:
NO LOITERING,'NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
`33. That no minor under the age of sixteen (16) years shail'be allowed to attend the dance, unless`
accompanied by a parentbr guardian.
34. That'the business shaft be maintained as' a legitimate restaurant as defined in Section`.
18.01.190 Anaheim Municipal Code, and contain art: area designed and utilized: for food'
preparation which constitutes not less thantwenty-five' percent (25%) of the gross floor area of
the establishment.
i 35. That the floor plan of the proposed restaurant shall be specifically limited to submitted plans
including permanent booths for dining in the room with the'dance floor as shown on Exhitiit No. 2 :
Any modification to the floor plan shall be submitked to the'Planning pepartment for Planning
Commission review as a "Reports antl Recommendations" item.
B8. That subject property shal(be developed substantially in accordance with plans and specifications
submitted to the: City of Anaheim by ne petitioner and which plans are on file with the Planning
Department marked Exhitiit Nos. 1, 2 and 3, and as conditioned herein.
37. That within sixty days (60) from the date of this resolution, Condition Nos. 18, 21, 22, 25, 32
and 35, above-mentioned, shall be complied`with. Extensions for furthectime to complete '
said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
38. That approval of his 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. Apprpval does not include any action'or findings as to compliance or approval s
of the;request regarding any other applicable ordinance, regulation o~ requirement.
Page 10
ATTACHt1ENT - ITEM tJ0
PETITIONER'S STATEMENT
JUSTIFICATION FOR REINSTATEMENT
° Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a
time limitation can be reinstated for an additional period of lime, or before such time limitation maybe deletedbr modified by
the Planning Commission or Zoning Administrator, the following must be shown:
1. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in
the following excerpts from the Anaheim Zoning Code still exist:
18.03.030 (Relative to Conditional Use Permits)
Before the City Council or Planning Commission may grant any request for a conditional use permit, it must-make a
finding of fact, by resolution, that the evidence presented shows that all of the following exist:
.031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not
listed herein as being a permitted use;
.032 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;
.033 That the size and shape of the site proposed for the use Is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare;
.034 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;
:035 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;
18:03.040 (Relative to Variances)
Before any variance may be granted by the Planning Commission ft shall be shown:
.031 That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classifcation in the vicinity;
.032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the
property of privileges enjoyed by other property under Identical zoning classification in the vicinity,
2. Said permit or variance Is being exercised substantially In the same manner and in conformance with all conditions
and stipulations originally approved by the approval body;
Said permit or variance is being exercised In a manner not detrimental to the particular area and surrounding land
uses, nor to the public peace, health, safety and general welfare; and
4. With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under
the permit or vadance as granted.
° In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a
decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional
space is needed.
1. Has any physical aspect of the property for which this use permit or variance been granted changed significantly
since the issuance of this use permit or variance? ^ YES ^ NO
Explain: S / G.G~ ~4 ~=/fG' ~'r~ Ei%/iLLI/.UCr 9-.U~ ~i~E~ S~i.~11~ .IiG,t1
(over)
CASE
CLIP AI(l. - 41 1 3
~~
2. Have the land uses in the immediate vicinity changed since the issuance of this use permit or variance?
^ YES I~,NO
Explain: - °-
3. Has an sped of the nature of the operation changed since the issuance of this use permit or variance?
^ YES ~NO -
Explain:
4.
5. If you are req sting a deletion of the time limitation, is this deletion necessary for the continued operation of this use
or variance? ~ YES ^ NO
Explain:
ZOfi225lKDOC 12A7
Are the conditions of approval pertaining to the use permit or variance being complied with? Rf YES ^ NO
Explain:
CASE
2
>^I IP ~ifl - 4 l 1 3
ATTACHMENT - ITEN N0. Z
RESOLUTION N0. 99R-158
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING ,
CONDITIONAL USE PERMIT N0. 4113.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit a restaurant with sale of alcoholic beverages for on-
premises consumption, including a bar, entertainment, dancing and
banquets upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 85 PAGE(S) 4 AND 5 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law .and the provisions of Title 19, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC99-86 granting
Conditional Use Permit No. 4113 fora period of one year; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time .and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a
conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the '
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. The size and shape of the site proposed for the'use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular .area nor to the peace,
health, safety and general welfare.
4. 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.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of
Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 4113 be, and the same is hereby,
granted permitting a restaurant with sale of alcoholic beverages
for on-premises consumption, including a bar, entertainment,
dancing and banquets on the hereinabove described real property,
subject to the following conditions:
1. That a maximum of two (2) licensed uniformed security
guards, as required by the Anaheim Police Department, shall be
provided on the premises to specifically provide security and to
discourage vandalism, trespass and/or loitering upon or adjacent
to the subject property, as required by the Police Department.
Said security guards shall remain on-duty as determined to be
appropriate by the Police Department.
2. Deleted.
3. That signage for subject facility shall be limited to
that which is specified on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any
additional signage shall be subject to review .and approval by the
Commission as a "Reports and Recommendations" item.
4. That no outdoor storage shall be permitted.
5. That trash storage areas shall be refurbished to the
satisfaction of the Public Works Department, Streets and
2
Sanitation Division, to comply with approved plans on file with
said Department.
6. That the existing tree wells along Alameda Street shall
be enlarged to a size of five (5) feet by five (5) feet. One
(1), minimum fifteen (15) gallon sized, Sophora Japonica
(Japanese Pagoda Tree) shall be planted in each tree well, in
accordance with City tree planting specifications.
7. That one (1), minimum fifteen (15) gallon sized,
Callistemon Citrinus (Lemon Bottlebrush) shall be planted in the
empty tree wall located on Brookhurst Street, in accordance with
City tree planting specifications.
8. That the property shall be permanently maintained in an
orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
9. That this establishment shall be operated as a "bona.
fide public eating place" as defined by Section 23038 of the
____ ~alrfnrni~Bus_uies5~n.d-Professwns~ode_-_~ ___-_-_-___-__-___
10. That food service with a full meals shall be available
from opening time until either 10:00 p.m. or closing time,
whichever occurs first, on each day of operation.
11. That no pool tables shall be maintained upon the
premises at any time.
12. That subject alcoholic beverage license shall not be
exchanged for a `public premises" (bar) type license nor shall
this establishment be operated as a "public premises" as defined
in Section 23039 of the California Business and Professions Code.
13. That the sale of alcoholic beverages shall not exceed
forty percent (400) of the gross of all retail sales during any
three (3) month period. The applicant shall maintain records on
a quarterly basis specifying the separate amounts of sales of
alcoholic beverages and other items. These records shall be made
available, shall be subject to audit and, when requested, shall
be subject to inspection by any City of Anaheim official during
reasonable business hours.
14. That no live entertainment, no amplified music, and/or
no dancing shall be permitted on the premises at any time without
issuance of proper permits as required by the Anaheim Municipal
Code.
3
15. That the sale of alcoholic beverages for consumption
off the premises shall be prohibited.
16. That there shall be no exterior advertising of any kind
or type, including advertising directed to the exterior of'the
building from within, promoting or indicating the availability of
alcohol beverages, with the exception of one (1) sign indicating
"cocktails."
17. That the activities taking place in conjunction with
the operation of this establishment shall not cause noise
disturbance to surrounding properties.
18. That the hours of operation shall be limited to 11 a.m.
to 11 p.m. on Sundays through Thursdays, and 11 a.m. to 12 a.m.
on Fridays and Saturdays.
19. That the parking lot serving these premises shall be
equipped with lighting of sufficient power to illuminate and make
/ easily discernible the appearance and conduct of all persons on
l/ or about the parking lot. Said lighting shall be directed,
1~ ~,, posit;~nA~t_and-sh;P~~A~_i~such~manner-so_as-no_t t~---------
t) unreasonably illuminate the windows of nearby properties.
20. That the business operator shall comply with Section
24200.5 of the Business and Professions Code and shall not employ.
nor permit any persons to solicit or encourage others, directly
or indirectly, to buy them drinks in these licensed premises
under any commission, percentage, salary or other profit-sharing
plan, scheme or conspiracy.
21. That all doors serving subject restaurant shall conform
to the requirements of the Uniform Fire Code and shall be kept
closed and unlocked at all times during hours of operation except
for ingress/egress, to permit deliveries, and in cases of
emergency.
22. That there shall be no public telephones on the
property located outside the building and within the control of
the applicant.
23. (Proposed Condition No. 23 was deleted at the Planning
Commission public hearing.)
24. That the parking lot shall be chained, locked and
emptied of patrons no later than one half (1/2) hour after the
restaurant closes.
4
25. That a landscaping plan showing screening of the
existing above-ground transformer and refurbishing of the
existing landscape planters, including additional shrubs and
G!,., flowers along the south building wall, shall be submitted to the
~~
Zoning Division for review and approval. Said landscaping-plan
shall be implemented within one (1) month after Zoning Division
approval.
26. That the property owner shall pay the cost of code
enforcement inspections, as deemed necessary by the Code
Enforcement Division, Planning Department, to gain and/or
maintain compliance with state and local statutes, ordinances,
laws and regulations.
27. That this conditional use permit shall expire, and the
uses approved hereunder shall be terminated on July 13, 2003.
26. That the floor plan of the proposed restaurant shall be
specifically limited to that which is shown on the submitted
plans approved by the Planning Commission, including permanent
booths for dining in the room with the dance floor, as specified
on Exhibit No. 2, Any modification to the floor plan shall be
submitted to the Planning Department for Planning Commission
review and approval as a "Reports and Recommendations" item.
29. That subject property shall be developed substantially
in accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1, 2 and 3, and as
conditioned herein.
30. That prior to commencement of the activity authorized
by this resolution, or 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, 5 and 25,
above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
31. That prior to the commencement of the activity
authorized by this resolution or prior to final building and
zoning inspections, whichever occurs first, Condition Nos. 6, 7,
19, 21 and 29, above mentioned, shall be complied with.
32. 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
5
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement. '`°
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void..
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 13th day of July, 1999.
ORIGINAL GP6NE® BY
TOIV DALY
MAYOR OF THE CITY OF ANAHEIM
ATTEST;
ORIGiMAL SIGNED BY:
LEONORA N. SoML
CITY CLERK OF THE CITY OF ANAHEIM
31998.1
6
ATTACHMEtJT - ITEM N0. 2
®~
City of Anaheim
POLICE DEPARTMENT
DATE: November 20, 2003
TO: John Ramirez
Planning Department
FROM: Sergeant Lozeau
Vice Detail
SUBJECT: CUP 2003-04113/Tracking number 2003-04781.
APPLICANT: Plaza Garibaldi
Mike Helguero
500 North Brookhurst Street
Anaheim, CA 92801
The Police Department has received a request to reinstate this permit by the modification or
deletion of a condition of approval pertaining to time limitation, to retain the retail sales of
alcoholic beverages for on premises consumption within an existing restaurant with a bar and
banquet facilities and to permit accessory public entertainment.
The business falls within Reporting District 1620, which has a crime rate of 213% above
average. It is within census tract 871.02, which has a population of 5,862. This population
allows for 7 on sale locations and there are presently 4.
The Reporting District to the north of this locations is 1520 with a crime rate of 12% above. The
Reporting District to the east is 1621 with a crime rate of 64% above. The Reporting District to
the west is 1619 and has a crime rate of 75% above. The Reporting District to the south is1720
and has a crime rate of 5% above.
From November 2002 thru November 19, 2003 this address has had 35 calls for service. They
consist of 12 private party impounds, 6 burglary alarms audible, 7 911 hang-ups, 1 fight, 2
suspicious vehicles, 2 petty theft, 1 recovered lost or stolen property, 1 recovered stolen vehicle,
1 suspicious circumstances, 1 disturbance gang, and 1 vandalism.
Of the above listed calls for service 16 reports were taken. These reports consist of 13 vehicle
storage, 1 property lost, and 2 thefts.
The owner has been, and is currently running his business in violation of his Conditional Use
Permit (as he stated himself at the planning commission meeting November 3, 2003), and his
Memorandum
Plaza Garibaldi
John Ramirez
Page two
Alcoholic Beverage Control License. According to both licenses he is not to be open passed
12:00 p.m. on any evening, or collect a cover charge. He does not have an Entertainment Permit
but conducts business as if he does. According to his Dinner Dance Permit condition #11 states:
Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke
the Permit (section 4.16.100.010 of the Anaheim Municipal Code). Due to al] the reasons listed
above and the extremely high crime rate the Police Department opposes the petitioners' request
to establish accessory public enterkainment and extended hours of operation. The Police
Department supports the petitioners' request for reinstatement for a period of one yeaz. In the
event the petitioners request for accessory public entertainment is approved the following
conditions should be included:
1) Any time the premise is providing entertainment, the petitioner(s) shall provide at least 2
security personnel, one in the parking lot and one at the door, to maintain order and
prevent any activity that would interfere with the quiet enjoyment of their property by
neazby residents. Said personnel shall be clothed in such a manner as to be readily
identifiable as security.
2) Any and all security officers provided shall comply with all State and Local ordinances
regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the
California Business and Profession Code. (Secfion 4.18.110 (A) Anaheim Municipal Code)
3) The parking lot of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appeazance 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.::.
4) No person under the age of 21 shall sell or deliver alcoholic beverages.
5) The Petitioner(s) shall post and maintain a professional quality sign facing the premises
parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet squaze with two inch block lettering. The sign shall be
in English and Spanish.
6) There shall be no pool tables or amusement devices maintained upon the premises at any
time unless the proper pettnits have been obtained from the City of Anaheim.
Memorandum
Plaza Garibaldi
John Ramirez
Page three
7) At all times when the premise is open for business, the premise shall be maintained as a
bona fide restaurant and shall provide a menu containing an assortment of foods normally
offered in such restaurant.
8) The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all
retail sales during any three (3) month period. The applicant shall maintain records on a
quarterly basis indicating the sepazate 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.
9) There shall be no exterior advertising of any kind or type, including advertising duected
to the exterior from within, promoting or indicating the auailabiliry of alcoholic
beverages.
10) The activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
11) The hours of operation shall be limited to 12:00 am each dayof the week.
12) There shall be no admission fee, cover charge, nor minimum purchase required.
13) That the business operator shall comply with Section 24200.5 of the Business and
Profession Code so as not to employ or permit any persons to solicit or encourage others,
directly or indirectly, to buy them drinks in the licensed premises under any commission,
percentage, salary, or other profit-sharing plan, scheme or conspiracy.
14) At all times that entertainment or dancing is permitted, security measures shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct
on the part of employees or patrons, and promote the safe and orderly assembly and
movement of persons and vehicles, and to prevent disturbance to the neighborhood by
excessive noise created by patrons entering or leaving the premises.
15) There shall be no public telephones on the property that are located outside the building
and within the control of the applicant.
16) The business shall not be operated in such a way as to be detrimental to the public health,
safety or welfaze. (Section 4.18.050.0302 Anaheim Municipal Code)
17) All entertainers and employees shall be clothed in such a way as to not expose "specified
anatomical azeas" as described in Section 7.16.:060 ofthe Anaheim Municipal Code.
Memorandum
Plaza Garibaldi
John Ramirez
Page four
18) Any violation of the application, or any attached conditions, shall be sufficient grounds to
revoke the permit. (Section 4.18.110 (A) Anaheim Municipal Code)
19) No minor under the age of sixteen (16) yeazs shall be allowed to attend the dance, unless
accompanied by a pazent or guazdian. (Section 4.16.060.010 Anaheim Municipai Code)
20) The business shall be maintained as a legitimate restaurant as defined in Section 18.01.190
Anaheim Municipal Code, and contains an area designed and utilized for food prepazation
which constitutes not less than twenty-five percent (25%) of the gross floor azea of the
establishment. (Section 4.16.050.030 Anaheim Municipal Code)
21) The number of persons attending the event shall not exceed the maximum occupancy load
as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be
posted in a conspicuous place on an approved sign neaz the main exit from the room.
(Section 25.114(a) Uniform Fire Code)
22) The floor space provided for dancing shall be free of any funuture or partitions and
maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim Municipal
Code)
23) The entertainment shall be restricted to that which is on the original .application, to-wit:
Mariachi performers not to exceed 10. (Section 4.18.110 Anaheim Municipal Code)
Please contact Senior Police Service Representative Michele Irwin at extension 1461 if you
require further information in regazds to this matter.
f:Viome~mnirwin~plaza garibaldi3.doc
ATTACHMENT - ITEt1 N0. 2
MEMORANDUM
CITY OF ANAHEIM
Code E~zforcement Divisdon
DATE: OCTOBER 23, 2003
TO: JOHN RAMIREZ, ASSISTANT PLANNER
FROM: y~Lh DON YOURSTONE, SENIOR CODE ENFORCEMENT OFFICER
SUBJECT: REINSTATEMENT OF CONDITIONAL USE PERMIT #2003-04781
REGARDING THE PLAZA GARIBALD[ RESTAURANT LOCATED AT 500
NORTH BROOKHURSTSTREET
This memo is written in response to your request for information regarding Plaza Garibaldi
Restaurant located at 500 North Brookhurst Street.
Code Enforcement records indicate no citizen complaints have been received regarding this
restaurant.
On August 22, 2003, I checked City of Anaheim Planning Department files and found that
Conditional Use Permit 4113, which allowed Plaza Garibaldi Restaurant to operate, had expired
on July 13, 2003.
On August 22, 2003, I conducted an inspection of the restaurant and observed flags and banners
being displayed in the parking lot area. I further observed several new signs attached to the
exterior west and north walls of the building. Located in the south/west comer of the property, I
observed that an arch type sigri approx. seven feet tall had been installed.
I entered the restaurant and spoke to the business owner Mike Helguero regarding the expired
Conditional Use Permit, flags, banners and the signs attached to the exterior walls of the
building. Further I explained to him that the business license for the restaurant was expired. I
issued a City of Anaheim Notice of Violation to him for the above listed Anaheim Municipal
Code Violations.
On September 16, 2003, Mr. Helguero submitted a reinstatement application to the City of
Anaheim Planning Department.
On October 21, 2003, at the requesk of the Planning Department, I conducted an inspection at
Plaza Garibaldi Restaurant and observed the flags and banner had been removed. The arch type
sign was still located in the south/west corner of the property. Also the signs attached to the
exterior of the building were still present. I conducted an inspection inside the restaurant and
found that it was operating as a restaurant with the sale of alcoholic beverages.
REINSTATEMENT OF C.U.P. # 2003-04781
PLAZA GEARIBALDI RESTAURANT
PAGE TWO
The owner Mike Helguero was not on site and I spoke to him in the telephone. I requested that
he provide a document to the Planning Department that the sale of alcoholic beverages shall not
exceed forty percent of the gross sale for athree-month period. He stated that he would obtain
the information and submit it to the Planning Department. I also spoke to him about charging a
cover charge for the entertainment that he provides. He told me that on some nights there is a
cover charge, but not every night. Asked what the hours of operation were, he told me they open
at 11 AM and on Friday and Saturday nights they close at 1 AM and the other nights they are
open until 9 PM. I further observed a sign on the wall of the lobby that states "No Dinner a
$10.00 Cover Charge, two drinks minimum.."
Upon return to my office 1 checked the City of Anaheim Business Division records and found the
business license for the restaurant was still expired and their Dinner Dance Permit condition
number eight states that no admission fee, cover charge, nor minimum purchase shall be imposed
upon patrons for the sole purpose ofdancing. (Copy Attached)
On October 23, 2003, I spoke to Mr. Helguero on the telephone regarding his expired business
license and the cover charge for his Dinner Dance Permit. He told me that he would call the
Business License Division and the Planning Department to correct the permits.
If you need any further information regarding this matter, please feel free to contact me at ext.
4451.
m8l4dy.doc
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Conditional Use Permit No. 2003-04755 Subject Property
Date: September 22, 2003
Scale: 1" = 200'
Requested By: TAORMINA TRUST Q.S. No. 83
TO PERMIT AND RETAIN AROOF-MOUNTED TELECOMMUNICATIONS FACILITY ON
AN EXISTING HISTORIC BUILDING AND ACCESSORY GROUND MOUNTED EQUIPMENT.
210 East Center Street -Kraemer Building
924
.Staff Report to the
Planning' Commission
`'December 1, 2003
'Item No. 3
3a. CEQA CATEGORICAL EXEMPTION -CLASS 1
3b. r` CONDITIONAL USEPERMITNO2003-04755 (Motion for continuance)
SITE LOCATION AND DESCRIPTION: `r
(1) This rectangularly-shaped 0.09-acre property is located at the northeast corner of Center
_ `Street and Claudina Street with frontages of 43 feeYoh the nortfi side of Center Street and
93 feet on the east side of Claudina Street'(201 Easy Center Street-Kraemer Building).
REQUEST:
(2) The petitioner requests approval of a conditional use permit under the authority of Code
Section 18.45,050.310 to permit a telecommunications facility oh an existing historic
building and accessory ground mounted equipment. `'
BACKGROUND:
(3) This property contains a historically significant building constructed in 1924. This 80-foot
fiigh, 9-story building eonsists of 32,000 square feet and is developed as a mixed-use
project including office and retail uses on tfie first Floor and residential uses above. This
building is ocated within the Alpha Downtown RedevelopmenfProject Area and the
Anaheim Colony Historic District.: The Anaheim General Plan Land Use Element Map
designatesrthis property for General Commercial land uses and further designates the
surroundirig properties as follows: Low-Medium Density Residehtial to the north (across a
public alley); Low-Medium Density Residential to the east General Open Space to the
'south (across Center Street) and Generaf Commercial to the west (across Claudina Street).
(4) This item was continued from the September 22 and October 20 2003, Planning
Commissioh meetings in order for the petitioner to explore alternative locations and
:modified designs for the microwave dish antennas. Ron Joseph, the petitioner
.representing Nextel Communications, has submitted;the attached e-mail,'received :
November20, 2003, requesting a continuance to an unspecified Commission meeting in
'order to finalize the alternative' location and modified design fora stealth installation: of the
:proposed microwave dish antennas. Staff recommends the Commission continue this item
to the December 15; 2003, Planning Commission meeting.
RECOMMENDATION:
(5) Staff recommends that the Commission, by motion, continue this item to the December 15,
2003, Planning Commission meeting in' order to provide additional time toprepare final
`plans.
:: Sr5066jr
Page 1
ATTACHMENT - ITEM N0. 3
John Ramirea
From: Joseph, Ron -Contractor [Ron.Joseph@Nextel.com]
Sent: Thursday, November 20, 2003 12:01 PM
To: John Ramirez ~
Cc: Wells, Ryan -Contractor l ~' ~~%~
Subject: Nextel - request for continuance ~ %',
Nextel would like to request a continuance for the CUP applied for the
wireless facility at 201 Center Street. If you have any questions
please contact Ryan Wells at the number below.
Ryan Wells
714-231-1541
Thanks,
Ron Joseph
Site Mods - SCal
Desk (714) 368-4435
PTN (714) 448-1015
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Variance No. 2003-04584
Requested By: RAYMOND A. MASCIEL
REQUESTS WAIVER OF MINIMUM DISTANCE BETWEEN MONUMENT SIGNS.
TO CONSTRUCT AN ADDITIONAL MONUMENT SIGN
101 East Lincoln Avenue -Harbor National Bank
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Date: December 01, 2003
Scale: 1" = 200'
Q.S. No. 83
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`Staff Report to the
Planning Commission
becember 1, 2003
Item No. 4`
4a. CEQA CATEGORICAL EXEMPTION CLASS 11 (Motion)
4b. VARIANCE'NOt2003-04584' (Resolution) ,'
SITE LOCATION AND DESCRIPTION:
(1) This irregularly shaped, 1.3-acre'property consists of two parcels and is located at the
'northeast corner ofAriaheim Boulevard antl Lincoln' Avenue v/ith frdntages of 310 feet on
tfie easYside of Anaheim Boulevard, 200 feet on the;north side of Lincoln Avenue, 205 feet
oh the south side of Cypress Street and 305 feet on the west sjde of Claudina Street (101
East Lincoln Avenue =:Harbor: National Bank).
REQUEST:
+ (2) The petitioner requests waiver of the following under authority of Code Section
18.03:040:020 to construct an additional monument sign:
SECTION 18.05.093.040 Minimum distance between freestanding or montiment-
type signs. (300 feet between signs required; 130 feet
between signs proposed)
BACKGROUND:
(3} This property is currently developed with 227,594 square foot office building. The property
is zoned'CG (General Commercial) and the Anaheim'GeneraPPlan Land Use Element Map
designates his property for General Commercial land uses. The property,is also located
within the Alpha Downtown Redevelopment Project Area.
(4) Surrounding General Plan land use designations areas follows::
Direction General Plan
s Desi®nation
North (across Cypress General Commercial
Street)
East (across Claudina Low-Medium Density
Street) ;' Residential
South (across Lincoln General Commercial
Avenue)
West (across Anaheim General Commercial
Boulevard)
PREVIOUS ZONING ACTIONS
(5) Administrative Adjustment No. 105 (to waive the minimum number of parking spaces (121
spaces required; 109'lspaces existing) to establish a 5,500 square foot medical office within
a 27,594 square foot office building) was approved by the Zoning Administrator on June 6,
1996.
sr8672av
Page 1
Staff Report to the '
? PlanningiCOmmission
December 1, 2003<
'Item NoC4
SIGN PROPOSAL:
(6) The petitioner is requesting approval of a variance td construct a second monumert sign,
.The site plan (Exhibit No. 1) indicates the: proposed'monumerit sign would be located 130
feet west of the existing monument sign near the corner of Lincoln Avenue and Anaheim
Boulevard': Code requires tha[when more than one,sign is permitted on any parcel'; that no
'such sign hall be located closer than 300 feet from'any other monument or freestanding
1YPe sign.
(7) The submitted sign plan (Exhibit No. 2) indicates the following proposed sign
chafacteristics:
Si n Standards Pro osed Code Re uirements
Hei ht 6 feet 8 feet maximum
Width 6 feet 10 feet maximum
Area ` 14 s uare feet 65 s uare feet er face maximum
Si n base 12 inches 18 inches minimum
Number of freestanding
monument si hs
2 1 existin 4 (1 sign per street frontage)
(8) The plans further indicate the proposed monument sign would be located in a landscaped
:planter (o ut of any line of site triangle) and would display the name and logo of "Harbor
z National Bank".
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Page 2
Staff Report to the
Planning Commission
December 1, 2003
Item No. 4
(12) The petitioner submitted the attached Justification'ofWoiver form stating that the subject
property: has an irregular shape due to the irregular configuration of the,public right-of-way
line for the property's frontage along Anaheim Boulevard. This irregular shape provides
limited locations for sign placement thatwould be visible from Anaheim' BouleJa~d. The
justification form further states that other properties in the immediate area have multiple
monument signs located closer than 300 feet apart, therefore depriving'this property of
privileges currently enjoyed by neighboring properties within4he vicinity
(13j ` Staff has'reviewed this request and has determined that Code Section 18.05.093.040
(minimum distance between monument and freestanding type signs) was intended to keep ,
j signs evenly distributed along;the street frontage and prevent unsightliness associated with
placing signs too close together. This property has a large street frontage, which`is
conducive to two (2) monument signs. Staff inspections have identified'that the proposed
location of the additional monument sign is appropriate and that the irregular shape of the
property does limit both sign placement and visibility along Anaheim Boulevard. Further,
the additional sign'would provide guidance to customers driving on Anaheim Boulevard.
Therefore, staff is recommending aooroval of this, request.
.FINDINGS: r
(14) !When practical difficulties or unnecessary hardships result from strict enforcement of the
` Zoning Code, a modification may be granted for the purpose of assuring that no property,
because of special circumstances applicable to it, shall be depraved of privileges commonly
r enjoyed by other properties in the same vicinity antl zone. The sole purpose of any
varlance'is to prevent discrimination and'none shall be approved which would have the
i effect of granting a special privilege not shared by other similar properties. Therefore,
before any variance: is grantetl by the Planning Commission,?jt shall be shown:
(a) That there are special' circumstances applicable to the propertysuch as size,
shape, topography, location or surroundings, which do not apply to other identically
zoned properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property`of privileges
enjoyed by other properties under identical zoning classificationin the vicinity.
RECOMMENDATION:
(15) Staff recommends that, unless additional or contrary information is received during the
meeting, and based.: upon the evidence submitted to the Commission, including: the
'evidence`presentedsin this staff report, and oral and written evidence presented aYthe
public hearing, the Commission take the following actions:
(a) By motion, determine that the project is Gategorically Exempt under Section 15311,
Class 11 (Accessory Structures) of the CEQA1Guidelines.
(b) By resolution, a rove Variance No. 2003-04584 (to construct an additional
monument sign):
(i} That this property is unique due to its irregular property lines providing limited {
'opportunities for sign visibility and placement.
(ii) ;That the proposed monument sign would be appropriate based on the large
'amount of streetfrbntage for this particular property::
Page 4
Staff Report to the
Planning Commission
December 1, 2003
Item No. 4
(iii) That strict application of the Zoning Code deprives the property of privileges
`enjoyed by other properties under identical zoning classification ih the vicinity.
THE FOLLOW WG CONDITIONS ARE SUBMITTED BY VARIOUS'CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE'ANDARE RECOMMENDED FOR ADOPTION BY THE'
PLANNING COMMISSION IMSHE'EVENT THAT-THIS VARIANCE IS APPROVED.
1. That the final site plari for the sign shall be submitted to the City TrafFc and Transportation Manager
fdr his review and approval in conformance with the Engineering, Standard No. 137 pertaining td
visibility. Said information shalt be specifically shownon plans submitted for building permits.
2. That the proposed sign shall be developed with the numeric address at the base in minimum nine (9)
'inch higfi)etters with a minimumsign baseof eighteen (18) tncfies. The. sign shall be located within a
landscaped'area that is at leasfone-half the total signwrea of the sign in compliance'with Code
requirements. Said information'shall be specifically shown on plans submitted for building permits.
3. That the monument sign shall be maintained in a "like-new" condition and free of graffiti at all times.
4. 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 do file with the Planning
`Department markedExhibit Nosy 1 and 2; and as conditioned herein.
5. That prior to issuance`of a building permit, or within a' period of one (1) year from the date of this
resolution;;whichever occurs fiCst, Condition Nos. 1'and 2, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Codes
6. That prior to final building and zoning inspections Condition No. 4, above-mentioned, shall be
'complied with.
7. That approval of this application constitutes approval of the proposed request only to;the extent that it
cdmplies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
}egulations`: Approval does not include any action dr findings as to compliance or approval ofthe
iYequest regarding any other applicable ordinance, regulation or tequirement.
Page 5
11/192003 13:01 HRRHOR NRTIONRL HRNK ~ 7655280 ATTACHMENT - ITEM N0. 4 N0.(355 D02
II-18-8008 08:28aa Frorw Y~B3~ P:66YJ~68 F=159
pgTl'€tON>:R'8 STATEMI;idT OF
NSTiF1C~.T10Pi FOR~fAt3)ANCFJ~on~ WAIIVf:13R _
(Asa't gEQt.J1RED F®R PAP•F6ING Wkl!-ER)
pl:Q(JEST B6Ti 9JA1VEFt DF CODE SECTION.
101 >;. Lincoln Avenue (A sepaeate statement is eequteed for ease Cede eoaivcr)
PERTAINEhtG T0:
Bestiotts 3 f1.03.040A30 zJnd LS.1Z.060 of the Anaheim Aiiunieipal Code requite that caeft]t~ m1Y variance or Code wehrer trtay ~
granted by the a^,<t~ Adtniair~ator or Plennintt Commission, the followis]g shalt b® shown:
t. Thar there sre sp~sial circumstances applicable to the proeertY, includi]]g size.'9hapt;, tupogtaphy,.l~msion or
sturoundin~. whitif dtSnot app1Y to other property under ]dentieas zoning classtfrtnition set rho vicutity; ~
z. That, because aft Special circumstenc~, strict application of the aentngg sole d®prives the propet4y of priviteg~
etUeyed by other peo;~PrY undor iderrtieai zoning etasstficapon In tGe vtcinhy.
in order to detemtine if such g}~eiaV eircutttstaacescxist, and m assist dse 2antng Administrator or Ptatrrtirtg Ctrmtaissi0n m
eeeit+e at a decision, pleas tttts]rer each of th®following questions regarding the propt]tp~ foe which a variattcn is sotlgh6 frilly
end as completely e$ passible ou Head addiiwWal space, you may additltatal pa~ea.
!. Are there special ' ces that apply to the property in such as size, shape, topography, to~tion or
sttrcar>ndinp? Yes _ No.
3. Do rho special c appilcabie to t~'a property deprive it otprivtleges currently ea)oy~ by reeighbering
properties loeatai vaidtin the same zone? Yes ®No
if Your arlswar if "yam," describe the spi:eial rtrwrttsean~s:
4. ®Jer® lice S ial eiroomsmnees created by onuses bs°yoad the control of the property owner (or prroviorts
ovaQets}?~ Yes ®No
~,~]; Because of t:he ehaWe of the groPer~ the owner9 had t:o ad Hat the placement
of their huildiae for the Qceacast. exa_o~u~e an~incoln Avenue.
The ale putpoSa Ottvty a tie bade waiVOP Shill Ae tg pravran discrimination, and ao vo]iarreo or Code ~ivec e$eU ~
approved wteich would have the eiTecr ofgranting a special priailege not chased by other property 9n dre cease vicinity rind zone
which is of the]galtse y authorized by zone regelaGnns gaacRting subject property. Uso vaeiant'trse not pettnitoed.
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CONDETt®AfWE. USE PEEAdITNARIAPICEtdo.
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ITEM N0. S
~ EEW p,Y
RIVERSIDE F-
Variance No. 2003-04585
Requested By: TRACY MCLAMB
Subject Property
Date: December 1, 2003
Scale: Graphic
Q.S. No. 206
REQUESTS WAIVER OF PERMITTED SIGNS WITHIN THE SCENIC CORRIDOR OVERLAY ZONE.
TO CONSTRUCT AFREEWAY-ORIENTED PARAPET SIGN IN CONJUNCTION WITH A
HOME IMPROVEMENT STORE.
1095 North Pullman Street -Home Depot
1049(2003-11-24)
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SOUTHERN CALIFORNIA
EOISON EASMENT
ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE.
Staff Report to the
Planning Commission
December 1, 2003
Item No. 5
Sa. CEQA CATEGORICAL EXEMPTION -CLASS 11 ((Motion)
5b. I VARIANCE N032003-04585 ? (Resolution)
i SITE LOCATION AND DESCRIPTION: '
_ (1) This irregularly-shaped, 18-acre: property is located south and west of the southwestcorner
of OId Canal Road and Pullman Street; having a frontage bf 623 feet on tfie west side of
'Pullman Street, and a maximum depth of :1,275 feet (1095 North Pullman Street -Home
''Depot).
REQUEST:
(2) The petitioner requests waiver of the following under authority of Code Section
18.03.040:020 to construct afreeway-oriented parapet sign in conjunctionwith ahome
improvemeht store:
SECTION NO. 18.05.091.020 - Permitted sions within the Scenic Corridor
Overlay Zone. '(Not more'than one wall sign
for each individual building unit permitted;
one freeway-oriented parapet sign
proposed).
BACKGROUND: i
(3) This property is currently developed with a,139,462 square foot vacant retail building'.:
(formerly,Super K-Mart). Reuse and expansion of the vacant building for a future 204,370
'square fodt home improvementstore, including a new 64,554 square footgarden center
under construction, is proposed,for the property. This property is zoned CL (SC) '
(Commercial Limited;.: Scenic Corridor Overlay). The'Anaheim General Plan Land Use
Element Map designates this property forGeneral Commercial'land uses'and this property
?is also located withinahe Rive6Valley Redevelopment Project Area.
(4) The General Plan Land Use Element Map designations for surrounding properties are as
'follows:
Direction 'General Plan Designation
North and West General Industrial
East across Pullman Street General Commercial
South Freeway (SR-91)
PREVIOUS ZONING ACTIONS:
(5) The following zoning actions pertain to this property:
(a) Administrative Adjustment No. 2003=00248 (waiver of minimum number of parking
spaces to construct an outdoor garden center addition to a proposed home
imprdvement store) was. approved by the Zoning Administrator on August 7, 2003.
(b) Conditional Use Permit Nd. 3990 (to retain an arcade within an existing "Super K-
Mart" store) was approved by the Planning Commission in 1997.
sr2142ds
Page 1
Staff Report to the'!
Planning Commission
December 1, 2003`
Item No( 5
(c) Variance No. 4251 (waiver of permitted type and size of shopping center
identification signage, permitted wall signage and freestanding directional signage to '
construct a 35-foot higfi hopping center identification sign, two monument signs and '
sixwall signs)iwas approved, in part, denying the 35-foot high pylon sign, bythe
(Commission in 1994.
(d) Conditional Use Permit No. 3550 (to permit a'169,156 square foot:"super stole"
which includes grocery sales, genetal retail sales, anauto repailcenter, an outdoor
garden center; and a freestandingsatellite dish with waivers of required site
screening, required landscaped setback, and permitteo7oof-mounted equipment)
was approved: by the Planning Commissionin 1993,
(e) Valiance No: 3744 (waiver of requited lot frontage to establish a 5=lot
commercial/tndustrial'subdivision)wos approved by the Commission in 1988.
DEVELOPMENT PROPOSAL:
(6) The petitioner requests approval of a waiver of permitted signs within the Scenic Corridor
OverlayZone to construct a fteeway-oriented parapet sign. The site plans (Exhibit Nos. 1
and 2) indicate an existing 139.,462 square foot retail building`and a 64;554 square foot
:'garden center under construction on the'west side'of the builtling, for a total floor area of
'.204,016 square feet: Access is provided from Pullman Street to the east and the main
store entrance is atthe north end of the building. The plan shows that the sign would be
::placed on'the inside portion of'an existing parapet wall above`the main entrance to the
store and would face south toward theSR-91 (Riverside) Freeway. Said,sign would be
ocated approximately 450 feet from the freeway.
(7) Sign plans (Exhibit Nos. 3 and 4) indicatela 5-foot high by 58-foot wide illuminated channel
etter sign,with orange-colored!acrylic faces and bronze returns and trim caps. The
'elevation plan (Exhibit No. 5) indicates four existing .wall signs'on the front (north)'elevation
?and two wall signs on the left (east) elevation as described ihparagraph no. 12 below. The
;plan further shows the requested "The Home Depot" business identification sign on the
.'inside (south facing)`portion of a 6-foot high parapet wall of the front (north) building
`elevation.' This sign;would occupy 2 percent of the building elevation (14,225 s.f. building
`area divitled by 290 "s.f. sign =2 percent):
(8) The photo simulation plan (Exhibit No. 6)!shows the proposed_parapet-mounted sign as
:viewed from three different angles. The',photos illustrate the orientation>of the builtling at a
lower level than the adjacenf 91 Freeway; The purpose of the'parapet sign would be to
!identify the store from the freeway as visibility from Weir Canyon Road is severelylimited.
'As shown'n the photos, wall signage cannot be seen from the level of the freeway due to
the grade'differentia(between: the subject property'and the freeway.
ENVIRONMENTAL IMPACT ANALYSIS:
(9) :The Planning Director's authorized representative has determined that the proposed project
:falls within the definition of Categorical Ezemptions,Section 15311, Class 11 (Accessory
:Structures), as defined in the State CEQA (California Environmental Quality Act) Guidelines
''and is, therefore, categorically exempt from the preparation of further environmental
tlocumentation.
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Page 2
Staff Report to the
Planning,Commission
December 1, 2003 S'
Item No: 5
i GROWTH MANAGEMENT ELEMENTANALYSIS
(10) The proposed project has been reviewed by affected City departments to determine
whether it conforms to the City's,Growth Management Element adopted py the City Council
on March 17, 1992. Based on City staff review of the proposedproject, it has been
determined that this project does not fit within the scope necessary to require a Growth
Management Elemeht analysis; herefore, no analysis has been pertormetl.
EVALUATION:
(11) The requested waiverpertalns to permitted signs within the Scenic Corridor Overlay Zone.
Code permits not more than one wall sign;for each individual building unit;iand in no'oase
'shall the aggregate total area o@all such signs exceed ten percent of the total area of the
face of said building unit. Submitted plans indicate a 290 square foot illuminated, channel
letter sign on the building parapet wall facing the 91 Fteeway to the south.' The petitioner
fias submitted the attached Statement of Justificatiori Form forthe requested waiver stating
that there is an existing hardship; on this property due o its difficult accessibility and
building location which is substantially lower than the elevation of the freeway.
(12) As mentioned in paragraph no. (5c) above, Variance No. 4251 was approved in 1994 to
allow for two monument signsand six wapsigns for the formecSuper K Mart store.. The
total permitted square'footage of wall signage under this variance was 1,198 square feel
For comparison purposes, the overall square footage: for all proposed walj'signage,
including the subject 290 square foot parapet wall sign, would be 1,014 square feet. The
chart below compares the previously-approved wall signage and the proposed wall signage
' for this home improvement store:
No, Wall signs approved under': Square Proposed Wall signs for`Home Square'%
'' Variance`No. 4251 `for former Feet ` Depot Feet
Super K Mart
(Elevation)
(Elevation)
1 "Super K Mart Center 476 ` "Tool Rental Center:' 62
[24 Hours't (North)
(North)
2 ' "Super. K Mart Center" 476 "Building Materials" 90
(East) (North)
3 YFresh Fddd" 54 ' "Home DBcor" 57
(North) I {North)
4 "Pharmacy" 54 r "The Home Depot"; 290
(North) ? (North)
5 `"Garden Shop" 72 "Customer Pick Up" 120
(North) ;' (East)
6 "Auto Service" 66 ' "The Home Depof': 105 '
(East) (East)
7 _______ .___ "The Home Depot" 290
(South -Parapet Wall)
Total 1,198' ! 1,014 '
sr2142ds Page 3
Staff Report to thee:
Planning Commission
December 1, 2003
Item Na. 5
(13) Based on the large size of the subject property, its unique orientation to major arterials and
the freeway, the significant grade differential between the property and the freeway, and
the difficult, indirect access to'the site from Weir Canyon Road (the onlynearby arterial
highway),,there are`special circumstances applicable to the property such as size, shape,
stopography, location or surroundings, which do not`apply to other identically zoned `
properties in the vicinity. Moreover, since a majority of the retail businesses in the vicinity
have property frontage and visibility adjacent to arterial highways such as Weir Canyon and
La Palma Avenue, strict application of the Zoning Code would deprive the propertypf
,`privileges enjoyed by other properties under identical zoning classification in the vicinity.
i Lastly, since the aggregate area of proposed wall signage fdr the home'improvernent store,
'including the proposed new parapet sign; does noYexceed the: area of wall signage',
permitted under Variance No. 4251, staff recommends approval of this waiver request.
FINDINGS:
(14) When practical difficulties or unnecessary hardship result from strict enforcement of the
Zoning Code, a modification may be granted for the'purpose of assuring: that no property,
because of special circumstances applicable to it, shall be deprived of privileges commonly`
enjoyed by other properties in the same vicinity and zone. The sole purpose of any-
'variance is to prevent discrimination and hone shalt be approved which would have he
effect of granting a special privilege not shared by other similar properties. Therefore,
before any variance!is granted by the Planning Commission, it hall be shown:
(a) That there ate special circumstances applicable to the property such as size,
shape, topography, location or surroundings, which do not apply to other identically ,
zoned properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the. property of privileges
enjoyed by other properties under' identical zoning classification in the vicinity.
RECOMMENDATION:
t (15) Staff recommends that unless additional dr contrary information is received during the
meeting, and based upon the evidence submitted to'the Planning Commission, including
the evidence presented in this staff report, and oral and written'evidence presentedatthe
public hearing that the Planning Commission take the followingactions:
(a) By motion, determine that the project is Categorically Exempt under Section 15311,
Class 11 (Accessory Structures), of tfie CEQA Guidelines.
(b) Byresolution, a rove Variance No. 2003-04585 (to construct afreeway-oriented
parapet sign'in conjunction with a home improvement store) based on the
following:
(i) , That there are special circumstances applicable to the property that create a
hardship to justity'support of this request, including its large size, location
and unique orientation to major arterials and the. freeway; further the ,,
significant grade differential'between the property and the freeway, and the
difficult; indirect access to he site from Weir Canyon Road make the site
diffidultto seeand to access.
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Page 4
Staff Report to the
? Planning Commission
becember 1, 2003 '
Item No. 5'
(ii) That the aggregate area of proposed wall signage for the home improvement
store,: ihcluding,tfie proposed new parapet sign, would not exceed the' area of
wall signage permitted under Variance No. 4251:
(iii) That since a majority of the retail businesses in the vicinity have property
frontage and visibility from nearby arterial highways such as Weir Canyon
Road ahd/or La Palma Avenue, strict application of the Zoning Code would
deprive the property of privileges enjoyed by other properties under identical
zoning classification in the vicinity.
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 VARIANCE IS'APPROVED.
1. That on-site signage shall be maintained in "like-new" condition and free of graffitat all times,
2. That the property owner shall submit a letter requesting termination of CdnditionalUse Permit No.
3990 (to retain an arcade within an existing "Super;K-Mart" stare) to the Zoning Division.
3. That no additional permanentbr temporary advertising of any type whatsoever shall be displayed
on the parapet that will contain the sign approved by this variancef"~~
4. Th t, as required by ode Section 1 08 5.091.,05 ~ ,signage sfia I no' t be`I' hte ,betty en the hours
of m'dni ht an 6:3 am. ``~~
5. 'That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked'. Exhibit Nos. 1 through 6, and as conditioned herein':
6. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whicfiever occurs first, Condition No: 2;'above-mehtioned; shall be complied with:
Extensions for further time to complete said cohtlitions maybe granted'in accordance with Section
18.03:090 of the Anaheim Municipal Cotle.
7 That prior to final building and zoning inspections, Condition No. 5, above-mentioned, shall be
complied with.
8. `That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning. Cotle and any other applicable City, State and
Federalregulations. Approval does notinclude any action or findings as to compliance or approval
of the: request regarding any'other applicable ordinance, regulation or requirement.
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Page 5
___,l
ATTACHMENT - I TEtt tJO. 5
11-16-2663 iha6pm Frsm-
6ECTION 3
App,avd br Maion ar the Plsmtiac Comm(ssion
on November 6,1000
T-64d p 662/601 F-375
PETITIONER'S STATEMENT' OF
JUSTIFICATION FOR VARJANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVgE_R)
REQUEST FOR WAIVER OF CODE SECTION: I P~ . ova • f~ (o'"~"
'' ,,11 (A separate statem~+tt is required for each Code waiver)
PERTAINING TO: ]P~~+-ri~ I Ti1~ GJ1GN~ G L9~L F~ At1--
Sections 16.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any vaNence or Code waiver maybe
granted by the Zoning Adminishator or Planning Commission, the following shall be shown;
I. That [beta arc special eireturrstaneesopplicable to the property, including size, shape, topography, location oc
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special cinvtnstantes, strict applieadon of the zoning code deprive the property ofptivileges
enjoyed by other property under idrntieal wning classification in the vicinity.
Ia order w determine if such special eircumstnnees exist, and to assist the Zoning Administrator or Platming Commission to
arrive ac a decision, please answer each of the following questions regarding the property for which a variaace La sought, fully
and as completely as passible. Ifyou aced additional space, you may attach additional pages.
1. Are that special c' lances that apply to the property in matters such to Size, shape, topography, location or
surroundings? Yes _ No.
]fveur answer is "Yes."describe the speoia]cireumstarrces:T~~UILDIP~GI ~1~~ $~lgd
2. Are the special circumstances th pply to the property different from other properties in the vieln[tywhich are in the
same zone as your property? ,Yes ~, No
If your answer is "yes " describe how rho property is differrnt: 'T~.4Pi G/l~ ~ ~~ '~E
3. Do the special eiccumstattees epplieable to the party deprive it of privileges currently enjoyed by neighboring
properties loeetad within the same zone? ~~No
If your answer if "yes," describe the
q. Were the special circumstances created by causes beyond the conaol of the property owner (or previous property
owners)? 1~( Yes _Nc
ftT O' [>15~bV~tNTswr~ "~ o7Hg=i~ J~.f?l~ss~~.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waive shall be
apptoved which would have the affect of grnntinE a special ptlvileEe not shared try other pmpeny in the same vidrrlty and zone
which is awe thenvise ressly authorized by zone regulstions governing sttbject property, Use variances are not pemtitred.
S-igaature o Pro erryeery Owner or Authorized Agear Data
2'd 002E 13C?J3SIi1 dH Wd0Et2 E002 OZ AOW