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PC 2007/10/01~ a6ed ~LOIIOIOI) ooP'{LO L00 L)\sepua6e\~eoua~o\sooPFH ;auwiayeue uossiwwoo uryue~ ssa~ppe view-a 6uiMOpo; ay; 6uisn uoissiwwo~ bwuue~d ay; ~o; a6essaw a anew !ew no,~ ;uawwnofpti . swa;I 6uueaH ollgnd . ~epuale~;uasuo~ . s}uawwo~ allgnd . aouel6all`d 30 a6pald • VV'd 0£~Z 6ul~eaH ollgnd of auanuooaa . 6uueaH ollgnd of ssaaa~ . epua6e LOOZ ' G ~aqo;op ay; uo swa;I ~o~ nnalnab ueld tiewwlla~d . (uolsslwwo~ 6wuueld ~(q pa;sanba~ sy) sanssl pue s;uawdo{anap ~(}I~ snouen uo uolsslwwo~ o; a;epdn }}e}g 'W'd 00~ d Malnaa ueld tieulwlia~d . ~ap~0 0l Iles zanbselan #ed 'aawo~ ~C~ued gassae~ uayda;g . 'uew~se~ IIeJ 'leroue6y ~a~ad a~auolsslwwo~ ~{e~eyl ydaso[` :a~odwal-ad uew~ley~ . e}}n8 l~pa~{ :uewney~ . elwodAe~ 'wlayeuy 'p~enalno8 wlayeuy y}noS OOZ IIaF~I ~(;I~ `~agwey~ llouno~ LOOZ L aaq®~~® epu® I~SI 1.11U ~ Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: - - -- This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed .and/or removed from the Consent Calendar for separate action. Mi u 1A. Receiving and approving the Minutes from the Planning Commission Meeting of August 20, 2007. (Motion) Continued from the September 5, and the September 17, 2007 Planning Commission Meeting. 1B. Receiving and approving the Minutes from the Planning Commission Meeting of September 5, 2007. Continued from the September 17, 2007 Planning Commission Meeting. (Motion) 1C. Receiving and approving the Minutes from the Planning Commission Meeting of September 17, 2007. (Motion) H:\does\clerical\agendas\(100107).doc (10/01107) Page 2 Public Hearing items: 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 3124* 2d. ZONING CODE AMENDMENT NO. 2007-00063 (Tracking No. CUP2007-05209) Owner: Brandon Rainone Outer Spring Volcano LP 3364 East La Palma Avenue Anaheim, CA 92806-2814 Agent: Brandon Rainone 3364 East La Palma Avenue Anaheim, CA 92806 Location: 3364 East La Palma Avenue: Property is approximately 2.8 acres, having a frontage of 252 feet on the north side of the Riverside (SR-91) Freeway, a maximum depth of 524 feet, and is accessed via a 652 foot long, 32 foot wide ingresslegress easement on the south side of La Palma Avenue, 1,240 feet east of the centerline of Shepard Street. Conditional Use Permit No. 2007-05209 -Request to remodel an existing bowling facility including an expansion for a management office, four telecommunications towers and two electronic reader board signs with waivers of (a) minimum number of parking spaces, (b) floor area ratio and (c) maximum number and size of freeway-oriented signs. Zoning Code Amendment No. 2007-00063 -Request to amend the sign code to permit marquee or electronic reader board signs in cpnjunction with bowling and billiards facilities with other uses subject to a conditional use permit. Continued from the May 30, June 25, July 23, and the September 5, 2007 Planning Commission meetings. Project Planner. `Advertised as Conditional Use Permit No. 2007-05209 {ethienQananeim.net) Conditional Use Permit Resolution No. H:\docs\clerical\agendas\(100107).doc (10101 /07) Page 3 3a. 3b. 3c. Owner: The Zachary Taylor Pedicini Trust John Pedicini P.O. Box, 15033 Newport Beach, CA 92659-5033 Agent: John Pedicini 20051 Cypress Street Newport Beach, CA 92660 Location: 1841 West Lincoln Avenue: Property is approximately 0.9-acre and is located at the northwest corner of Lincoln Avenue and Crescent Way. Request to expand an existing commercial retail center and to establish land use conformity with waiver of (a) minimum landscape setback abutting a residential zone boundary, and (b) minimum required wall separating zones. Continued from the September 5, 2007, Planning Commission Meeting. Conditional Use Permit Resolution No. 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. PUBLIC CONVENIENCE OR NECESSITY NO. 2007-00036 Owner: Anaheim Garden Walk, LLC Attn: William Stone 17140 Bernardo Center Drive #310 San Diego, CA 92128 Agent: Mike Joher Royal Entertainment 933 S. Natalie lane Anaheim., CA 92808 Location: 321 West Katella Avenue: The property has approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street), 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard :between Disney Way and a point 615 feet south of the centerline of Disney Way. Request Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for on-premises consumption within a proposed bar/nightclub within Gardenwalk. Public Convenience or Necessity Resolution No. H:\docs\clerical\agendas\(100107).doc Project Planner: (kwong2@anaheim. net) Project Planner. (dherrick@anaheim. net) (10/01 /07) Page 4 5a. CEQA CATEGORICAL EXEMPTION -CLASS 3 Sb. CONDITIONAL USE PERMIT NO. CUP2007-05249 Owner: Sunny Investments, LLC + Potvin Investment Trust 190 Newport Center Drive Suite 210 Newport Beach, CA 92660 Agent: Sequoia Deployment Service Attn: Paul Gerst 1 Venture Suite 200 Irvine, CA 92618 Location: 2790 East Lincoln Avenue: Property is approximately 0.46-acre, located at the southwest corner of Lincoln Avenue and Rio Vista Street. Request to construct a telecommunications facility disguised as a flag pole with accessory ground-mounted equipment. Project Planner; Conditional Use Permit Resolution No. (kwong2@anaheim.net) 6a. CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY APPROVEDI Request for 6b. CONDITIONAL USE PERMIT NO. 2003-04816 continuance to (TRACKING NO. CUP2007-05230) October 15, 2007 Owner: Southern California Edison 14799 Chestnut Street Westminster, CA 92683 Agent: Anaheim RV Storage 2719 W est Lincoln Avenue Anaheim, CA 92801 Location: 2719 and 2724 West Lincoln Avenue`: Parcel 1: Property is approximately 4-acre, having a frontage of 265 feet on the :north side of Lincoln Avenue, and is located 210 feet west of the centerline of La Reina Circle (2719 West Lincoln Avenue). _ Parcel 2: Property is approximately 1.8 acre, having a frontage of 132 feet on the south side of Lincoln Avenue, and is located 587 feet west of the centerline of Stinson Street (2724 West Lincoln Avenue). Request to delete a condition of approval pertaining to a time limitation #or a previously-approved recreational vehicle storage facility and an accessory modular office building approved with waivers of maximum fence height and minimum front yard setback. Advertised as 2720 and 2721 West Lincoln Avenue. Project Planner: Conditional Use Permit Resolution No. (d/oe@ananeim.net) H:\dots\clerical\agendas\(100107).doc (10/01 /07) Page 5 7a. CEQA CATEGORICAL EXEMPTION -CLASS 1 7b. CONDITIONAL USE PERMIT NO. 2007-05250 Owner: Lederer-Anaheim LTD 9200 Sunset Boulevard 9~" Floor Los Angeles, CA 90069 Agent: Pamela Castellanos 1440 South Anaheim Boulevard Anaheim, CA 92805 Location: 1440 South Anaheim Boulevard: Property is approximately 14.74-acre, and is located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard, having a frontage of 725 feet on the north side of Cerritos Avenue and 490 feet on the east side of Anaheim Boulevard. Request to permit a tattoo and body piercing business within the Anaheim Indoor Marketplace. Conditional Use Permit Resolution No. Pmjecf Planner: (ethien@anaheim. net) Adjourn To Monday, October 15, 2007 at 1:00 P.M. for Preliminary Plan Review. H:\docs\clerical\agendas\(100107).doc (10/01 /07) Page 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 p.m. September 27, 2007 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUI~C L DISPLAY KIOSK SIGNED: 1 If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. H:\dots\clerical\agendas\(100107).doc (10/01 /07) Page 7 SCHEDULE 2007 October 15 October 29 November 14 (Wed) November 26 December 10 December 24 H:\dots\clerical\agendas\(100107).doc (10/01 /07) Page 8 Item No. 2 SP 9'467-44 RC4 5 -67 T2 5&SECFINOLOOY pNFHE\ C-pPg 1,240' t0 ShePald gt. SP 94-1 DA3 RCL 66-fi7-14 RCL 61-fit-69 (1) CUP 1646 VAR 2006-04660 SMALL IND. FIRM SP 9434 DP 67-44 RC Gup 3pg61 O ERA\GES 4G >,RpENZER PVENU~ SP 9434 ROt09 fi2-694~41 ROL~UP ~Z45 VPR 42 EN1 PM~ENtER SP 94-1 1 RCL 61-62-69 (1) m CUP 1546 n SMALL IND. FIRM ( RCL 91-92-03 CUP 1546 ~~ VE LPQP~MP i SP 94-1 DA 3 RCL B7-66.39 RCL 66-67-14 RCL fi0-fit-163 CUP 3124 VAR 3754 VAR 4070 SMALL IND. FIRM ®/ 25~. /s~ / Y (SR.9U RIVERSIDE FREEWj RGL (d.6l.tda 6P 94-i CF 3 ~ SP 94-1 ~ ~ DAS ` RCL fib-67-14 <°"P~m RCL fi0-67-103 dpm~a CUP 37fi8 ~ -~JU ¢ ELECTRONICS ~ STORE SP 941 ons RCL B7-BB-39 RCL 60E1-103 CUP 3007 CUP 3701 CUP 3124 VPR 40]0 VAR 3]SI COMM. BUO. VPR bi a soi\\nte~`-64't~ RON~~~ 5~ ~ UPC\IP~ 165 p\SMw4t`.i:RS / F \ sP ;4; ..~, ALL PROPERTIES ARE IN THE ALPHA (NORTHEAST AREA) REDEVELOPMENT AREA Conditional Use Permit No. 2007-05209 Zoning Code Amendment No. 2007-00063 Requested By: BRANDON RAINONE 3364 East La Palma Avenue -Concourse Bowling ~o2is Subject Property Date: October 1, 2007 Scale: Graphic Q.S.. No. 145 Conditional Use Permit No. 2007-05209 Zoning Code Amendment No. 2007-00063 Requested By: BRANDON RAINONE 3364 East La Palma Avenue -Concourse Bowling Subject Property Date: October 1, 2007 Scale: Graphic Q.S. No. 145 10275 ALL PROPERTIES ARE IN THE ALPHA (NORTHEAST AREA) REDEVELOPMENT AREA Aerial P~ho=o: 200 S. Anaheim Blvd. Suite#162 Anaheim, CA 92805 Tel: (714) 765-5139. Fax: (714) 765-5280 www.anaheim.net ITEM N0.2 PLANNING COMMISSION AGENIDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: OCTOBER 1, 2007 FROM::: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT N0.3124 (Tracking No. CUP2007- 05209), ZONING CODE AMENDMENT N0. 2007-00063" LOCATION: 3364 East La Palma Avenue. APPLICANT/PROPERTY OWNER: Brandon Rainone with Outer Spring Volcano is the property owner and applicant. REQUEST: The applicant requests approval to remodel an existing bowling facility including an expansion fora management office; an outdoor patio and telecommunications towers: The applicant algo proposes to provide fewer parking 'spaces than required by code and. building area that is larger than the code permits. The applicantalso proposes two freeway-oriented electronic readerboard signs which are not permitted by the code and two freeway-oriented business identification signs that are' largef than what the code permits. This requesti also includes an amendment to the `Zoning Code to permit marquee and electronic readerboard signs in conjunction with bowling alleys subject to approval of a conditional use permit. RECOMMENDATION:: Staff recommends that the Commission take the following actions: (a) By mofion; approve a Negative Declatation. (b) By motion, approve waivers of minimum number of parking spaces and maximum floor area ratio and approve; in part; waivers of maximum size and. quantity offreeway-oriented signs. (c) By resolution, approve modification to Conditional Use Permit No. 3124, in part, to approve the building expansion; outdoor patio, telecommunicafions towers and deny the proposed electronic readerboard signs. (d)' By motion; deny Zoning Code Amendment No. 2007-00063. BACKGROUND: At the applicant's request; this hearing was confinued from the September. 5; 2007, Planning Commission meeting. This property is currently developed with: a howling facility and monopole: It is located in the Northeast Area Specific Plan, Commercial Area (SP94-1, D.A. 5) and is within the Merged CONDITIONAL USE PERMIT NO. 3124. bctotier 1, 2007 Page2of6 Redevelopment Project Area. The General Plan designates this property and property to the east for General Commercial land uses and properties to the north and west for Office-Low land uses: The SR-91 freeway is to the south: The following is a summary of City actions that have occurred on this property which are relevant to the current request: Conditional Use Permit No. 3124, a request to permit a bowling alley with reduced parking spaces and incidental'sale of alcoholic beverages; was approved by the City Council on June 20, 1989. A subsequent request tp amend this permit to include a public dance hall in conjunction with the bowling alley was denied by the City Council on September 1, 1998. On October 23, 2001, the City Council approved an amendment to the permit to temporarily allow live entertainment with a cover oharge for a period of nine months, ending on July 23, 2002: Conditional Use Permit No. 2000-04233, a request to retain an existing legal-nonconforming freestanding telecommunication monopole and to co-locate an additional antenna facility with. accessory roof-mounted equipment; was approved by the Planning Commission on November 6, 2000. PROPOSAL: The applicant proposes to remodel and expand the exisfing bowling facility. The proposed expansion includes a 2,145 square foot office addition; a 229 square foot entry expansion on the south side o£the building, and a new 533 `square foot outdoor patio along the east side of the building. As part of the remodel; the applicant proposes to raise the height of the building facade by adding. a 24=foot high. parapet wall surrounding the southerly portion' of the building in order to screen existing and future telecommunications equipment: The four corners of the remodeled portion of the building would include 60-foot high towers that would house future telecommunications. antennas and would accommodate the antennas that would be relocated from an existing freestanding monopole. Site improvements include relocation bf the existing mature palms. along the 91 Freeway to other azeas of the pazking lot and planting 24-inch box canopy trees in their place: Additionally; the applicant proposes to improve the access drive from La Palma Avenue with'a wall, landscaping and lighfing to further enhance he site. 'r This application also includes a new sign program that includes two freeway-oriented' electronic readerboard'wall signs, two freeway-oriented business identification signs; two wall signs and. replacement of the sign panel om an existing pole sign. Specific information,. including sizes and locations of all proposed signs is included in the project summary chart (Attachment No. 1). Readerboards signs are allowed by conditional use permit in conjunction with amusement facilities; theaters, lodging facilities; schools, churchs and automotive dealerships and commercial retail centers of a certain size. To establish the ability to applyfor the electronic readerboard signs;: the applicant proposes a Code amendment to include bowling alleys in the "Recreation -Commercial Indoor" use category and add "Recreation -Commercial Indoor" as a use for which a conditional use permif for marquee and electronicreaderboard signs may be CONDITIONAL USE PERMIT NO. 3124 October 1, 2007 applied fora The specific language and sections to be amended are included in the attached draft ordinance. Aerial'view of subject site ANALYSIS: Bowlingalleys and telecommunications antennas are permitted on the site subject to the approval of a conditional use permit: The project requires a number of code waivers as currently designed.' Staff has provided the following analysis and recommendations. The` bowling alley has been in operation since 1990 and is compatible with the adjacent industrial uses. Staff believes that the remodel of the existing bowling facility, screening of the future telecommunications antennas and site improvements would improve the aesthetics of the` building amd the appearance of the property from the freeway: Therefore, staff recommends approval of the building expansion, fagade remodel; and outdoor patio. CONDITIONAL USE PERMIT NO. 3I?4 October I, 2007 ', Page 4 of 6 Issue: Proposed outdoor patio -service of alcohol. The bowling facility currently has a license with Alcoholic Beverage Control in order to sell alcohol as part of the restaurant operations. The proposed expansion includes the addition of an outdoor patio adjacenYto the restaurant and billiards room.: The Police Department initially expressed concerns regarding the. proposed outdoor patio due to its proximity to the parkingTot and because of criminal activities' that have recently occurred on the property. Staff is particularly concerned about activity within the parking lot, especially the potential for alcohol being consumed: by minors: To address these concerns, staff recommends that the business provide fourlicensed and uniformed security guards on Friday and Saturday nights and that a solid waltof at least'four (4} feet with. glass on top for a minimum combined height of six (6) feet be provided around the outdoor patio area: The applicant has agreed to the recommended conditions. Issue: Code amendment to allow electronic readerboard signs for bowling alleys. The Code identifies specific land uses for. which a readerboard may be conditionally approved: Such uses include amusement facilities, theaters, hotels, schools, automobile dealerships on a minimum. three acre site, commercial retail centers`on a minimum twenty-five'acre site, and churches. Amusement facilities'aze not defined in the Code. However, the Code identifies a land use category of"Recreation -Commercial Indoor." Staff had previously determined that absent a • specific definition for amusement facilities, applications for a readerboard could be accepted in conjunction with uses identified under the Recreation - Commercial Indoor category.;,The applicant stipulates that bowling alleys are amusement facilities and more appropriately categorzed`with other land uses such as a family fun centers or public dance halls. These uses are identified as typical land uses withini the land use category of "Recreation '- Commercial Indoor." While staff agrees with this concept, we do not agree that all uses under the "Recreafion -Commercial Indoor" category should be permitted to have mazquee or electronic readerboazd signs. Staff researched the older versions of the Zoning;Code (prior to the comprehensive May 2004 update}, and found that the original intent of including "amusement. facilities" in this section was to reference uses identified as>"recreational and entertainment centers of recognized'regional significance whereat least fi$een percent of the annual attendance at any such center is composed' ofpersons residing outside the Stateof California." In other words, the signs were to be conditionally permitted in conjunction with themeparks or amusement`parks. Upon review of the'current request to :allow readerboards in' conjunction with uses in the Recreation -Commercial Indoor category, staff believes that these facilities do not warrant the need fofchanging messages that a church, school or theater would. Churches and schools may have a need to display changing messages to provide communityinformation that is of interest to the general public. Uses within the Recreation -Commercial Indoor category, such as family fun centers or amusement arcades, conduct limited activities such that stationary wall signs can convey the basic intent of the business. Additionally, approval of this Code`amendment : would open the door for similar facilities such as the recently approved Indoor Go-Kart facility and Camelot, both along the 91 freeway to apply. for similar signs: Staff recommends denial of the requested Code amendment. Staff intends to bring forwazd aCity-initiated Code amendment in the future that addresses the mazquee and electronic readerboazd section to include specific criteria for the land uses that CONDITIONAL USE PERMIT NO. 3124 October I, 2007 would be permitted to maintain such signs, such: as a minimum lot size requirement for some of the uses. Issue: Parking. As shown in the attached pazking summary table; Code requires 526 parking spaces for the bowling facility, including the proposed expansion; and 240 spaces are proposed. _ The applicant has submitted a parking study update prepared by Kunzman Associates; dated May 3, 2007, to substantiate the requestedparking waiver: Parking surveys wereconducted at the subject facility on aFriday Saturday; and Sunday`overseveral hours and the results of the survey indicate that before 5 p:m., when 180 on-site spaces' are available, the maximum parking demand is 107 spaces; after 5 p.m:, when 240 spaces are available; the maximum pazking demand is 168 spaces. Staff recommends appzoval of the requested parking waiver. Issue: Floor Area Ratio. The'existing building is larger in square footage than what the' Specific Plan currently allows:. The Floor Area Ratio (FAR) is a limit that controls the amount of square footage of building permitted in relation to the property size. The limit for this property is 0.25. The current building exceeds this limitation because it was developed prior to the specific plan adoptions The expansion would furtherexceed the limitation; with a proposed FAR of 0.32: The proposed FAR would be consistent with the 0:5 FAR permitted by the General Plan land use designationof General Commercial for this property. In the near future, staff will be processing a specific plan amendment to the Northeast Area Specific Plan in order to increase3he FAR limitation to be consistent with the General Plan: Since the existing FAR already exceeds the limitations established by the specific plan, and since the proposal is consistent with the FAR limit set forth in the General Plan, staff recommends approval of the requested waiver, Issue: Freeway-oriented signs. Code allows pne freeway oriented wall sign and limits the size ' to 250 square feet:. Electronic readerboard signs are prohibited for bowling alleys. Two 544 square foot electronic readerboard signs and two 156 square foot channel letter signs aze proposed on the office addition adjacent to the freeway: Staffbeleves that electronic readerboard signs are inappropriate for the subject business and location: As indicated in the Code Amendment analysis; the need for changing messages for a bowling alley is not`appazent. Further, the subjectproperty is at a consistent grade with the freeway such that even the existing building and signage are easily identified. With the proposed facade enhancements, including the doubled building height and internally-illuminated tower material, the building will stand out significantly next to the industrial buildings along the freeway comdor. Due to the configuration of the building expansion and the location of the proposed signs; one sign on eachside of the building expansion; for a total of two wall signs; could be justified because a single sign would not be visible from both directions of the freeway: Staff believes that the overall size of the readerboard signs is excessive. The applicant has submitted the attached Justification for Waiver form in which he states that the site location and surroundings restrict the visibility of the building wall signage from the freeway such that larger signs aze necessary: Specifically, the existing freestanding Fry's Electronics signwould severely. restrict westbound visibility of the subject sign, as indicated in the submitted perspective views. Staff agrees that there would be some level of sight restriction due to the Fry's sign. However, the perpendiculaz orientation of the signs to the freeway and the distance between the Fry's sign CONDITIONAL USE PERMIT NO. 3124 October t ~nm Page 6 of 6 and. the proposed. sign; which is approximately 300 feet, would be adequate to provide visibility from either direction of the freeway. Therefore, staff recommends denial of the waiver of maximum size offreeway-oriented signs and approval, in part, of the waiver of maximum quantity of signs to allo~r a maximum of two freeway-oriented non-readerboard wall signs with a maximum size of 250 square feet each. Overall, staff is supportive of the expansion of the facility and remodel of the fagade, including the waivers for parkingand floor area ratio. Staff is not supportive of the electronic readerboard signs. nor the Code Amendment and waivers associated with the sign request:r Staff believes that the facility would be well served by a stafionary wall sign on each side of the office addition which meet the size requirement established by the zone. Should the Commission wish to approve the request, as proposed by the applicant, anAlternate -; Action document has been included as an attachment to the report. Respectfully submitted, Concurred by, Acring Principal Planner Planning Director Attachments: 1. Project Summary 2 ' Justification of Waiver Forms 3. Draft Resolution 4: -Draft Ordinance 5. Police Department Memorandum 6: Prior Resolution 7: Prior Minutes 8. Parking Study 9. Alternate Action 10. Draft Alternate Resolution ATTACI3NiE10'T N®. 1 PR~dEC'I' SUld]MAltS' Conditional €)se Percrtit 100.3124 '- Developmenk Standard Proposed Project SP94-l, DA 5 Standards Site Area 2.7 acres N/A Parking (see parking table below) 240 s aces eovided 526 s aces re aired Landscaping Front N/A (no street frontage) N!A (no street frontage) Side None None Rear (91 Freeway)* 12 feet existing 30 feet Building Setback Front 140 feet N/A (no street frontage) Side 2 feet (west); 64 feet (east) None Rear 58 feet 30 feet Floor Area Ratio 0.35 ro osed 0.25 ermitted Building Height 60 feet 60 feet *In the Northeast Area Specific Plan, buildings with structural expansion less than twenty percent (20%) of the gross floor area of the existing building are not required to comply with current landscaping requirements. This request proposes a 5% expansion. Project Parltina Requirement Use Total Parkins Ratio Panting Required Bowling Lane 401anes 3/lane 120 Public Assembly 12,092 s.f. 1/35 s.f. 346 Commercial Uses 9,353 s.f. 5.5/1,000 s.f. 52 Office 2,047 s.f. 4/1,000 s.f. 8 Total 526 Si¢n Proposal No.' Elevation Type Dimensions, Size (s.f.) I East (on the office addition) Electronic readerboazd 14' x 42' 544 2 East (on the office addition) Channel letter 9'6" x 42' 272 3 Southwest (on the office addition) Electronic readerboard 14' x 42' 544 4 Southwest (on the office addition) Channel letter 9'6" x 42' 272 5 East (above entrance) Channel letter 7' x 19' 133 6 North (facing access drive) Channel letter 7'10" x 18' 200 7 La Palma Frontage (existing legal nonconforming ole sign) Plexi sign panel 3' x 10' (approximate) 30 (approximate) [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING, IN PART, AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3124 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2001R-272 (3364 EAST LA PALMA AVENUE) WHEREAS, on June 20, 1989, the Anaheim City Council adopted Resolution No. 89R-243, granting Conditional Use Permit No. 3124 to permit a bowling alley {with accessory and incidental sale .and consumption of alcoholic beverages) and waiver of the minimum number of parking spaces on property located at 3364 East La Palma Avenue; and WHEREAS, on September 1, 1998, the City Council adopted Resolution No. 98R- 186, denying a request to amend Conditional Use Permit No. 3124 to permit a dance hall as an accessory use to the bowling alley; and WHEREAS, on October 23, 2001, the City Council adopted Resolution No. 2001R- 272, approving a request to amend Conditional Use Permit No. 3124 to permit live entertainment and a cover chazge for promotional events for a period of nine (9) months only as an accessory use to the existing bowling alley; and WHEREAS, this property is developed with a bowling alley (Concourse Bowling Alley) and a telecommunication antenna located in Development Area 5 (Commercial Area) of the Northeast Area Specific Plan No. SP94-1; [hat the Anaheim General Plan designates the property for General Commercial land uses; WHEREAS, the applicant has requested an amendment to Conditional Use Permit No. 3124 under authority of Code Section 18.60.190; and WHEREAS, the proposed request is to remodel an existing bowling facility including an expansion for a management office and outdoor patio area and new telecommunications towers. Also requested are two freeway-oriented electronic readerboard wall signs which would be subject to the adoption of the requested Zoning Code Amendment No- 2007- 00063. The proposed project includes waivers of the following: (a) SECTION NO. 18.42.050.010 Minimum number of pazking spaces (526 required; 240 proposed) (b) SECTION NO. 18.120.100.060.0803 (c) SECTION NO. 18.120.100.1312 Maximum floor area ratio. (0.25 permitted; 0.32 proposed) Maximum number and size of four freeway-oriented signs. (One 250 square foot sign permitted; Two 544 square foot readerboard signs Cr\PC2007-0 -1- PC2007- and two 156 square foot channel letter signs proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 30, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 25, July 23, September 5 and October 1, 2007 meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to remodel an existing bowling facility including an expansion for a management office and outdoor patio area and new telecommunications towers is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.120.0507 (Bowling Alleys) and 18.120.0511 (Telecommunications Antennas). 2. That [he bowling facility and proposed expansion will not adversely affect the adjoining land uses or the growth .and development of the area in which it is proposed [o be located. 3: That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular azea or to the health and safety. 4. That granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding azea. 5. The proposed freeway-oriented electronic readerboazd wall signs aze hereby denied on the basis that such signs are not .authorized by the Anaheim Municipal Code in conjunction with a bowling facility and that the requested Zoning Code Amendment No. 2007- 00063, which was proposed in order to provide a mechanism for approval, has also been denied. Both the size and quantity of said signs aze excessive and unnecessary based on the proximity of the building to the freeway and the current level of visibility of the site and building. 6. That waiver (a) is hereby approved based upon an update to a previous parking demand study prepared by Kunzman Associates, dated May 3, 2007, providing evidence that adequate pazking exists on the property for the bowling facility and proposed expansion. 7. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the bowling facility and proposed expansion than the number of such spaces necessary to accommodate all vehicles attributable to such use under [he normal and reasonable foreseeable conditions of operation because the parking study indicates that -2- PC2007- the peak parking demand for off-street parking spaces is lower than the quantity provided for the project site (168 spaces needed and 240 spaces proposed during peak hours). 8. That the parking waiver, under the conditions imposed, if any, will not increase traffic congestion and will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use because the bowling facility. and proposed ' expansion will have adequate parking to accommodate the project's peak parking demands. 9. That the parking waiver, under the conditions imposed, will not increase the demand and competition for pazking spaces upon adjacent private property in the immediate vicinity of the proposed use because as indicated in the pazking study, adequate parking to accommodate the anticipated project peak parking demand will be provided on-site. 10. That the parking waiver, under the conditions imposed if any, will not impede vehiculaz ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site is physically separated from adjacent private properties. Furthermore, it has been determined by the parking study that adequate on-site parking spaces are being provided. 11. That waiver (b) pertaining to maximum floor azea ratio (FAR) is hereby approved since the existing building is currently legal nonconforming with respect to the FAR limitation of 0.25 in Development Area 5 of the Northeast Area Specific Plan since it was developed prior to the specific plan adoption. Moreover, the proposed 0.32 FAR would be consistent with the FAR limitations in the General Plan, which is 0.5. Further, staff will be processing a specific plan amendment to the Northeast Area Specific Plan in order to raise the FAR limitation so that it is consistent with the Genera] Plan. 12. That waiver (c) pertaining to maximum quantity and size of freeway-oriented signs is hereby denied, in part, because due to the perpendicular orientation of the building expansion, two signs are necessary to be seen from both sides of the freeway; however, the four signs, including the proposed sizes are excessive. The distance of the building to the freeway and perpendiculaz orientation would provide adequate opportunity to view the signs from either side of the freeway.. 13. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL OUALTTY ACT FINDING: That the Anaheim Planning Commission has reviewed [he proposal to remodel an existing bowling facility including an expansion for a management office and outdoor patio area and telecommunications towers; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. -3- PC2007- NOW, THEREFORE, BE 1T RESOLVED that the Anaheim Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Resolution No. 89R-243, as amended by Resolution Nos. 98R-186 and 2001R-272 and as adopted in connection with Conditional Use Permit No. 3124, to read as follows: Prior to issuance of a building permit or within a period of one (11 year from the date of this resolution, whichever occurs first, the following conditions shall be comalied with: 1. That final elevation plans, including colored elevations and a material boazd, shall be submitted to the Planning Department for review and approval. Any decision by the Planning Department may be appealed to the Planning Commission as a Reports and Recommendations item. 2. That final sign plans shall be submitted for review by the Planning Commission as a Reports and Recommendations item. 3. That all equipment, including supply cabinets and power meters shall be installed on private property and shall be screened from public view, as approved by the Planning Services Division. The developer shall obtain aRight-of-Way Construction Permit from the Public Works Department for any work within the public right-of-way, including but not limited to installation of conduit, cable and electrical service lines. 4. That the wall surrounding the outdoor patio area shall consist of a solid wall of at least four (4) feet with glass on top for a minimum combined height of six (6) feet. Said information shall be shown on plans submitted for building permits. 5. That the applicant shall be required to protect in place the City of Anaheim's existing 10-inch cast iron water main, the centerline of which, according to record drawings, is located 4-feet west of the west property line. Furthermore, the footings of the cellular telephone towers, buildings, walls, or structures adjacent to the property's west property line must not impose any additional loading onto the City of Anaheim's existing 10-inch cast iron water main. Detail plans of footings for any building or structure adjacent Co the 10-inch caster iron water main must be submitted to the City of Anaheim for review and approval prior to issuance of .any building permit. Said plans shall accurately locate the existing 10-inch cast iron water main in relation to the proposed construction. 6. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback azeas in a manner fullyscreened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 7. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of khe Anaheim Public Utilities Department. -4- PC2007- 8. That the trash enclosure shall be refurbished per City Standards and approved by the Streets and Sanitation Division of the Public Works Department. Said information shall be included , _ on plans submitted for building permits. Prior to final building and zoning inspections the following conditions shall be complied with: 9. That the screening pazapet and tower material are subject to approval of a zoning inspection to confirm that no telecommunications or other roof mounted equipment is visible from public view. 10. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein. General Conditions: 11. That the applicant shall provide four (4) licensed uniformed security guazds on Fridays and Saturdays, between the hours of 8:00 p.m. and 2 a.m. Two guards shall monitor the pazking lot and two guazds shall monitor the inside of the premises, with one at the door and the other roaming the floor to keep minors from obtaining alcohol. 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. 12. That 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. 13. That there must be the same food availability on the patio area as is provided within the building. 14. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 15. That the parking lot serving 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. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate or be a problem for freeway drivers. The parking azea should be illuminated with a one foot candle powefand a lighting study should be done. 16. There shall be no live entertainment (live band), or dancing permitted on the premise at any time. 17. That the applicant shall obtain appropriate permits from the Business License Division if they wish to have any other entertainment such as a DJ or juke box. -5- PC2007- 18. The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all food and beverage sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 19. The sale of alcoholic beverages for consumption off the premise shall be prohibited. 20. The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 21. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 22. That there shall be no admission fee, cover charge, nor minimum purchase required. 23. 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.. 24. That the applicant shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 25. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. 26. There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 27. That no Special Event Permits shall be permitted for the bowling alley, and that no banners or other temporary advertising shall he displayed at this location. 28. That all activities shall be conducted entirely within the building and no outdoor area, with the exception of the outdoor patio, shall be provided as a designated smoking area. 29. 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 the. time of discovery. 30. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -6- PC2007- 31. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 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 action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionazy case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 1, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 1, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 7- PC2007- IN WTI'NESS WHEREOF, I have hereunto set my hand this day of . 2007. SENIOR SECRETARY, ANAHEIM PLANNING.CO1GIIvIISSION -S- PC2007- ETITIONER' S STATEMENT OF JUSTIFICATION FOR VARL4NCE/CODE WAIVER Attachment -Item No. 2 (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ ~ ~' 12'a - I ~ ~ • (~ ("~""' (A separate statement is requirec PERTAINING TO: (O00 c.i~ tc_ ~fZot"OJ Sections ] 8.03.040.03D and 18.12.060 of the Anaheim Municipal Code require that before any variance ar Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze special circumstances applicable to the property, including siz^., shape, topography, location or surroundings, which donor apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions. regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. S/12 (.a ~ATf or! Antes _ _ _ If your answer is "Yes," describe the 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? ,~, Yes _ No 3. tf vnur answer if `.bas." describe the special ctrcumstances: 4. The sole purpose of any variance or Code waiver shall be to prevent discrimination, end no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not a expressly authorized by zone regulations governing subje pr perry. Use variances are not permitted. Signature of Property Owner or Authorized Agent D e 376251~EL'EkBER [2, 2000 CONDITIONAL USE PERMTTNARIANCE NO. f cup rsa. 207 ~ ©s 2 0 Do the special circumstertces applicable to the property deprive it of privileges curently enjoyed by neighboring properties located within the same zone? k Yes _No Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? g Yes _ No PETIT'IONER'S STATEMENT OF JUSTIFICAT]ON FOR VARIANCE/CODE WANhK (NOT REQUIRED FOR PARKWG WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~~. ~ ~ O, /O fj, O So , d~~ PERTAINING TO; t is re~uirgd for each Sections 18.03,040;030 and 18.12.06D of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special ci"rcumstances exist, and to assist the Zoning Administrator or Planning Commission to active at a decision, please answer each of the following questions. regarding the property for which a variance is sought, fully. and as completely as possible. If you need additienal space, you may attach additional pages. Are there special circumstances that apply to the property' in matters such as size, shape, topography, location or surroundings? ?~ Yes _ No. If your answer_is "Yes," 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? ~ Yes _ No If your answer is "yes; 'describe how the property is different: CEO//FOfZN.?r7,q/et~5 /UtSGrI ~ f}, ,t~ 3. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? ~`~ Yes _ No EXPLAIN: The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not of xpressly authorized by zone regulations governing su 'act operty. Use variances are not permitted. ~~~ ~3 b Signature of Property Owner or Authorized Agent ate CONDITIONAL USE PERMITNARIANCE NO. 37625~DECEMBER @, 2000 Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? k' Yes _No [DRAFT] RESOLUTION NO. PC2007-*** Attachment -Item No. 2 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING, IN PART, AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3124 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2001R-272 (3364 EAST LA PALMA AVENUE) WHEREAS, on June 20, 1989, the Anaheim City Council adopted Resolution No. 89R-243, granting Conditional Use Permit No. 3124 to permit a bowling alley (with accessory and incidental sale and consumption of alcoholic beverages) and waiver of the minimum number of parking spaces on property located at 3364 East La Palma Avenue; and WHEREAS, on September 1, 1998, the City Council adopted Resolution No. 98R- 186, denying a request to amend Conditional Use Permit No. 3124 to permit a dance hall as an accessory use to the bowling alley; and. WHEREAS, on October 23, 2001, the City Council adopted Resolution No. 2001R- 272, approving a request to amend Conditional Use Permit No. 3124 to permit live entertainment and a cover charge for promotional events for a period of nine (9) months only as an accessory use to the existing bowling alley; and WHEREAS, this property is developed with a bowling alley (Concourse Bowling Alley) and a telecommunication antenna located in Development Area 5 (Commercial Area) of the Northeast Area Specific Plan No. SP94-1; that the Anaheim General Plan designates the property for General Commercial land uses; WHEREAS, the applicant has requested an amendment to Conditional Use Permit No. 3124 under authority of Code Section 18.60.190; and WHEREAS, the proposed request is to remodel an existing bowling facility including an expansion for a management office and outdoor patio area and new telecommunications towers. Also requested are two freeway-oriented electronic readerboard wall signs which would be subject to the adoption of the requested Zoning Code Amendment No. 2007- 00063. The proposed project includes waivers of the following: (a) SECTION NO. 18.42.OSO.OIO Minimum number of parkins spaces (526 required; 240 proposed) (b) SECTION NO. 18.120.100.060.0803 (c) SECTION NO. 18.120.100.1312 Maximum floor area ratio. 0.25 permitted; 0.32 proposed) Maximum number and size of four freeway-oriented signs. (One 250 square foot sign permitted; Two 544 square foot readerboard signs Cr\PC2007-0 -1- PC2007- and two 156 square foot channel letter signs proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 30, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 25, July 23, September 5 and October 1, 2007 meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does Find and determine the following facts: 1. That the proposed request to remodel an existing bowling facility including an expansion for a management office and outdoor patio area and new telecommunications towers is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.120.0507 (Bowling Alleys) and 18.120.0511 (Telecommunications Antennas). 2. That the bowling facility and proposed expansion will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the use is adequate to allow the full. development of the proposed use in a manner not detrimental to the particular azea or to the health and safety. 4. That granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 5. The proposed freeway-oriented electronic readerboard wall signs are hereby denied on the basis that such signs are not authorized by the Anaheim Municipal Code in conjunction with a bowling facility and that the requested Zoning Code Amendment No. 2007- 00063, which was proposed in order to provide a mechanism for approval, has also been denied. Both the size and quantity of said signs are excessive and unnecessary based on the proximity of the building to the freeway and the current level of visibility of the site and building. 6. That waiver (a) is hereby approved based upon an update to a previous parking demand study prepared by Kunzman Associates, dated May 3, 2007, providing evidence that adequate pazking exists on the property for the bowling facility and proposed expansion. 7. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the bowling facility and proposed expansion than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation because the parking study indicates that -2- PC2007- the peak parking demand for off-street parking spaces is lower than the quantity provided for the project site (168 spaces needed and 240 spaces proposed during peak hours). 8. That the parking waiver, under the conditions imposed, if any, will not increase traffic congestion and will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use because the bowling facility and proposed expansion will have adequate parking to accommodate the project's peak parking demands. 9. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because as indicated in the parking study, adequate parking to accommodate the anticipated project peak parking demand will be provided on-site. 10. That the parking waiver, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site is physically separated from adjacent private properties. Furthermore, it has been determined by the parking study that adequate on-site parking spaces are being provided.. 1 I. That waiver (b) pertaining to maximum floor area ratio (FAR) is hereby approved since the existing building is currently legal nonconforming with respect to the FAR limitation of 0.25 in Development Area 5 of the Northeast Area Specific Plan since it was developed prior to the specific plan adoption. Moreover, the proposed 0.32 FAR would be consistent with the FAR limitations in the General Plan, which is 0.5. Further, staff will be processing a specific plan amendment to the Northeast Area Specific Plan in order to raise the FAR limitation so that it is consistent with the General Plan. 12. That waiver (c) pertaining to maximum quantity and size offreeway-oriented signs is hereby denied, in part, because due to the perpendicular orientation of the building expansion, two signs are necessary to be seen from both sides of the freeway; however, the four signs, including the proposed sizes are excessive. The distance of the building to the freeway and perpendicular orientation would provide adequate opportunity to view the signs from either side of the freeway. 13. That *** indicated their presence at said. public hearing in opposition; and that no correspondence was received in opposition to the subject petition.. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to remodel an existing bowling facility including an expansion for. a management office and outdoor patio area and telecommunications towers; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. -3- PC2007- NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Resolution No. 89R-243, as amended by Resolution Nos. 98R-186 and 2001R-272 and as adopted in connection with Conditional Use Permit No. 3124, to read as follows: Prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, the followine conditions shall be complied with: That final elevation plans, including colored elevations and a material board, shall be submitted to the Planning Department for review and approval. Any decision by the Planning Department maybe .appealed to the Planning Commission as a Reports and Recommendations item. 2. That final sign plans shall be submitted for review by the Planning Commission as a Reports and Recommendations item. 3. That al] equipment, including supply cabinets and power meters shall be installed on private property and shall be screened from public view, as approved by the Planning Services Division. The developer shall obtain aRight-of--Way Construction Permit from the Public Works Department for any work within the public right-of--way, including but not limited to installation of conduit, cable and electrical service lines. 4. That the wall surrounding the outdoor patio area shall consist of a solid wall of at least Four (4) feet with glass on top for a minimum combined height of six (6) feet. Said information shall be shown on plans submitted for building permits. 5. That the applicant shall be required to protect in place the City of Anaheim's existing 10-inch cast iron water main, the centerline of which, according to record drawings, is located 4-feet west of the'wesf property line. Furthermore, the footings of the cellular telephone towers, buildings, walls, or structures adjacent to the property's west property line must not impose any additional loading onto the City of Anaheim's existing 10-inch cast iron water main. Detail plans of footings for any building or structure adjacent to the 10-inch caster iron water main must be submitted to the City of Anaheim for review and approval prior to issuance of any building permit. Said plans shall accurately locate the existing 10-inch cast iron water main in relation to the proposed construction. 6. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback azeas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building pemtits. 7. Thatall requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. -4- PC2007- 8. That the trash enclosure shall be refurbished per City Standards and approved by the Streets and Sanitation Division of the Public Works Department. Said information shall be included on plans submitted for building permits. Prior to final building and zoning inspections the following conditions shall be complied with: 9. That the screening parapet and tower material are subject to approval of a zoning inspection to confirm that no telecommunications or other roof mounted equipment is visible from public view. 10. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein. General Conditions: 11. That the applicant shall provide four (4) licensed uniformed security guards on Fridays and Saturdays, between the hours of 8:00 p.m: and 2 a.m. Two guards shall monitor the parking lot and two guards shall monitor the inside of the premises, with one at the door and the other roaming the floor to keep minors from obtaining alcohol. 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. 12. That 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. 13. That there must be the same food availability on the patio area as is provided within the building: 14. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 15. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate or be a problem for freeway drivers. The parking area should be illuminated with a one foot candle power and a lighting study should be done. 16. There shall be no live entertainment (live band); or dancing permitted on the premise at any time. 17. That the applicant shall obtain appropriate permits from the Business License Division if they wish to have any other entertainment such as a DJ or juke box. -5- PC2007- 18. The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all food and beverage sales during any three (3) month period. The applicant shall maintain. records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 19. The sale of alcoholic beverages for consumption off the premise shall be prohibited. 20. The .activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 21. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 22. That there shall be no admission fee, cover charge, nor minimum purchase required. 23. 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. 24. That the applicant shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission chazge, including minimum drink orders, or the sale of drinks. 25. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. 26. There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 37. That no Special Event Permits shall be permitted for the bowling alley, and that no baimers or other temporary advertising shall be displayed at this location. 28. That all activities shall be conducted entirely within the building and no outdoor azea, with the exception of the outdoor patio, shall be provided as a designated smoking area. 29. 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 the time of discovery. 30. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equiva]ent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Cade and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -6- PC2007- 31. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 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 action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement.. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 1, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 1, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: -7- PC2007- IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -8- PC2007- Attachment -Item Plo. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. AND DEVELOPMENT STANDARDS (ZONING CODE AMENDMENT NO. 2007-00063) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 ofChapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. That Table 10-A (Primary Uses: Industrial Zone) of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference. SECTION 3. That Table 14-A (Primary Uses: Public and Special-Purpose Zones) of Section 18.14.030 ofChapter 18.14 of Title 18 of the Anaheim Municipal Cade be, and the same is hereby, amended to read as shown in Exhibit "C" attached hereto and incorporated herein by this reference. SECTION 4. That subsection .180 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: ".180 "R"Use Classes. Recreation-^ ~•'~Billiards. This use class consists of'• ••°''•~facilities containing pool or billiard tables provided for users other than the occupants/residents of the facility. Recreation-Commercial Indoor. Thisuse class consists ofrecreational and entertainment operations taking place fully within an enclosed structure. Typical uses include amusement arcades, ho~~-liras alleys, haunted houses, family fun centers, public dance halls, public entertainment, including restaurants with public entertainment, movie and live-performance theaters, studios with live audiences not classified as "Sex-Oriented Business," and any other indoor amusement or__ entertainment uses not listed elsewhere. Recreation-Commercial Outdoor. This use class consists of establishments providing .amusements to the public for a fee. Typical uses include miniature golf, bumper boats, go-kart racing, horse stables, skate parks, water parks, and any other outdoor amusement or entertainment uses not listed elsewhere. Recreation-Low-Impact. This use class consists of low impact outdoor recreational uses. Typical uses include walking trails, bike paths, natural parks, interpretive facilities, and plazas: Recreation-Swimming & Tennis. This use class consists. of outdoor swim clubs and tennis courts. Recycling Services-Consumer. This use class consists of small-scale waste collection facilities as defined as a "reverse vending machine" and "small collection facility" in Chapter 18.48 (Recycling Facilities). Recycling Services-General This use class consists of large-scale waste collection facilities as defined as a "large collection facility" in Chapter 18.48 (Recycling Facilities). This classification does not include storage of topsoil for use under an approved quarry reclamation plan. Recycling Services-Processing. This use class consists of a waste recycling "processing facility" as defined in Chapter 18.48 (Recycling Facilities). Repair Services-General. This use class consists of on-site repair and incidental sales of supplies for large consumer items .and business equipment such as furniture, computers, large appliances, and home electronics, conducted within an enclosed building. This classification includes fumiture refinishing and repair but excludes maintenance and repair of vehicles or industrial equipment. Repair Services-Limited. This use class consists of on-site repair and incidental sales of supplies for consumer items such as small household goods, shoes, clothing, watches, cameras, and similaz items, conducted within an enclosed building. Research & Development. This use class consists of the research, development, and limited production of high-technology electronic, industrial, biological, or scientific products. Typical uses include biotechnology firms and software firms. Restaurants-Drive-Through. This use class consists of establishments serving drinks and food prepared on-site to patrons seated in an automobile. This classification includes all restaurants with drive-through facilities. Restaurants-General. This use class consists ofestablishments serving drinks and food prepared on-site, which do not have drive-through facilities, and which do not serve patrons seated in an automobile. This use class includes fast food and stand-alone bakeries. Restaurants-Semi-Enclosed. This use class consists ofestablishments serving drinks'and foods, in which the activity of preparing and serving meals is conducted mainly within an enclosed building and which provides an accessory outdoor dining area. Restaurants-Walk-Up. This use class consists of restaurants that serve drinks and food to patrons who walkup to a window or counter, but that do not provide seating for the patrons within the restaurant. Retail Sales-General. This use class consists ofestablishments engaged in retail sale of goods or provision of services not specifically listed under another use classification, and which primarily sell specialized items or that are primarily oriented to a neighborhood and/or citywide customer base. All sales and storage are conducted completely within an enclosed building. This classification includes fortune-telling and stores selling clothing, hazdware, art, books, flowers, jewelry, over-the-counter and/or prescription drugs, flooring, furniture and merchandise through the County of Orange Women, Infant and Children (W.I.C.) program (provided it is not in combination with any other use that requires a conditional use permit) as defined in Chapter 18.92 (Definitions). Retail Sales-Kiosks. This use class consists of establishments located within temporary or permanent freestanding structures having one or more open sides or openings and operated for the purpose of the retail sale of food, drink, or merchandise. All storage is conducted completely within the structure, and all sales are made from within the stmcture to the patron on the outside. Retail Sales-0utdoor. This use class consists ofestablishments engaged in retail sale of goods or provision of services that require outdoor display of merchandise. This use class maybe applied with another use class that allows sales only within an enclosed building. Typical uses include the sales of gardening tools and materials in conjunction with ahome-improvement store, Retail Sales-Regional. This use class consists of establishments engaged in retail sale of goods or provision of services not specifically listed under another use classification, and which are primarily oriented toward a regional customer base. All sales and storage aze conducted completely within an enclosed building. Typical uses include large department stores, big box retail stores, bulk food and household goods stores, home-improvement stores, and retail sales from warehouse-type structures. Retail Sales-Used Merchandise. This use class consists of establishments engaged in the retail sale of goods that have been previously owned by an actual or potential user of the goods. This use class includes the sale of reconditioned merchandise. All sales and storage are conducted completely within an enclosed building. Typical uses include consignment stores, antique stores, pawn shops, and used furniture and book stores. Room & Board. This use class consists ofestablishments, including boardinghouses with....... or without meals, providing accommodations living for guests on a commercial basis for typical stays of more than seven (7) consecutive nights, with no cooking facilities in the guest rooms. The total number of people living in the building, including permanent residents, live-in operators, and guests, shall not exceed fifteen (15) people. Rest homes, convalescent homes, bed and breakfast inns and group care facilities are not included." SECTION 5. That subsection .010 of Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Requirement for Conditional Use Permit. The following signs require a conditional use permit: .0101 Marquee or electronic reader-board signs for •• •••~•••:°•--• ~••~ '°••~'~`, a use idcntil~icd as Recreation-Commercial Indoor as set forth in subsection .180 ("R' Usn Cl,~issesl of Section 18.3Ci.040 (Non-Residcutial Primarv Use Classes), theater, lodging Facility, school, automobile dealership (which automobile dealership is the major tenant of a minimum three (3) acre site), commercial retail center with a minimum twenty-five acre site, or ~ use identified as Community and Religious Assembly as set forth in subsection .030 ("C" Use Classes) of Section 18.36.040 (Non-Residential Primary Use Classes), subject to the limitations of Sections 18.44.080 .and 18.44.090. .0102. Regional guide signs.. .010 Freeway-oriented signs, subject to the procedures and standards set forth in Section 18.44.100. .0104 Murals visible from public right-of--ways. .0105 Off-site signs for regional shopping centers. No more than one (1) free- standing sign per regional shopping center, no greater than one hundred twenty five (125) square feet in sign area and no higher than fifteen (15) feet, may be located off-site where allowed by conditional use permit. SECTION 6. SEVERABILITY The City 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 maybe declared invalid. SECTION 7. SAVINGS CLAUSE 4 Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 8. PENALTY Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the _ day of , 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the _ day of , 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 66764.v1 /MGordon EXHIBIT "A" Table 8-A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Usc Permit Required N Prohibited T Telecommunications Antenna Review Permit Required C-NC C-R C-G 0-L O-H Special Provisions Residential Classes of Uses Mobile Home Parks N N C N N Senior Citizens' Housing C C C N N Senior Citizens' Apartment Projects subject to Chanter 18.50 Non-Residential Classes of Uses Alcoholic Beverage Sales-Off-Sale C C C C C Conditional use permit not required if use is in conjunction with Markets-Large; in O-L and O-H Zones, must be clearly accessory to and integrated with an office building Alcoholic Beverage Sales-On-Sale C C C C C Ambulance Services N C C N N Animal Boarding N N C N N Animal Grooming P N P N N Antennas-Broadcasting C C C C C Antennas-Telecommunications- T T T T T Subjec[to§18.38.060 Stealth Building-Mounted and ] 8.62.020 Antennas-Telecommunications - C C C C C Subject to § 18.38.060 Stealth Ground-Mounted Antennas-Telecommunications- N N N N N Subject to§18.38:060 Ground-Mounted Automotive-Car Sales & Rental N N C N N Subject to § 18.38.200 Automotive-Public Parking C C C C C Automotive-Parts Sales C P P N N Automotive-Repair & Mpdification C C C N N Automotive-Service Stations C C C C C Subject to § 18.38.070 Automotive-Washing N C C C C In O-L and O-H Zones, must be accessory [o an Automotive-Service Station use Bars & Nightclubs C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Table 8-A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required C-NC C-R C-G O-L O-H Special Provisions Bed and Breakfast Inns C C C C C Subject to § 18.38'.080 Billboards N N N N N Boat & RV Sales N N C N N Subject to § 18.38.200 Business & Financial Services P P P P P Cemeteries N N C N N Commercial Retail Centers C C C N N Community & Religious Assembly C C C C C In O-H Zone, must be clearly accessory to and integrated with an office building Computer Interne[ & Amusement N C C C C In O-L and 0-H Zones, Facilities must be clearly accessory to and integrated with an office building Convalescent & Rest Homes N N C N N - Convenience Stores C C C C C Subject to § 18.38.1 10; in O-L and O-H Zones, must be clearly accessory to and integrated with an office building Dance & Fitness Studios-Large N C C C C In O-H Zone, must be clearly accessory to and integrated with an office building Dance & Fitness Studios-Small P P P P P In 0-H Zone, must be clearly accessory to and integrated with an office building, otherwise requires a conditional usepermi[ Day Care Centers C C C C C Drive-Through Facilities C C C C C Educational Institutions-Business P P P P P ` Educational Institutions-General N C C N C Equipment Rental-Large N C C N N Equipment Rental-Small C P P C C In O-H and O-L Zones, must be clearly accessory to and integrated with an office building Group Care Facilities ~ C C C C C .Subject to §18.36.040.070 Tattle 8-A PRIMARY USES: COMMERCIAL ZONES P Permitted by Right C Conditional Use Pcrmi[ Required N Prohibited T Telecommunications Antenna Review Permit Required C-NC C-R C-C O-L O-H Special Provisions Ilelipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets-Large P P P N N Markets-Small C C C C C Medical & Dental Offices P P P P P Morhtaries N N P N N Offices P P P P P Personal Services-General P P P P P Laundromats are subject to §18.38.150. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Personal Services-Restricted C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Plant Nurseries N C P N N Subject to § 18.38.190 and §]8.38.200 Public Services C C P C C Recreation-t3eu-lirY~Billiards C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation~ommercial Indoor C C C C C In O-L and O-H Zones, must be clearly accessory tp and integrated with an office building Recreation-Commercial Outdoor C C C C C Recreation-Low Impact C C C P. P In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation-Swimming & Tennis C C C C C Table 8-A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Acquired N Prohibited T Telecommunication s Antenna Review Permit Req uired C-NC C-R C-G O-L O-H Special Provisions Recycling Services-Consumer P P P N N Subject to Chapter 18.48; reverse vending machines located entirely within a structure do no[ require any zoning approval Repair Services-General P N P N N Repair Services-Limited P P P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Research & Development N C C C P Restaurants-Drive-Through N C C C C Subject to § 18.38.220 Restaurants-General P P P C C Subject to § 18.38.220 Restaurant-Semi-Enclosed C C C C C Subject to§18.38.220 Restaurants-Walk-Up C C C C C Retail Sales-General P P P P P Subject to §18.38.220 Retail Sales-Kiosks C C C C C Retail Sales-Outdoor C C C N N Subject to §18,38.190 and §18.38.200 Retail Sales-Regional N P C N N Retail Sales-Used Merchandise P P P N N Room & Board N N C N N Self Stooge N N C N N Sex-Oriented Businesses N N P N N Subject to Chapter l $.54 Smoking Lounge P P P N N Subject to Chapter 4.22 and §18.38.260 Studios-Broadcasting C C P C C Studios-Recording N N P C C In O-L and O-H Zones, must be clearly accessory [o and integratedwi[h an office building Transit Facilities C C C C C Utilities-Major C C C N C Utilities-Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building's entrance Table S-A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required C-NC C-R C-G O-L O-H Special Provisions Veterinary Services C C C N N Wholesaling N C C N N Shall be accessory to a Retail Sales use 66767.v 1 /MGordon EXHIBIT "B" Table 10-A PRIMARY USES: INDUSTRIAL ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required 1 Special Provisions Residential Classes of Uses Mobile Home Parks C Non-Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Sales-Off-Sale C Alcoholic Beverage Sales-On-Sale C Ambulance Services P Animal Boarding C Animal Grooming C Antennas-Broadcasting C Antennas-Telecommunications- T Subject to §§18.38.060 and 18.62.020 Stealth Building-Mounted Antennas-Telecommunications= C Subject to §18.38.060 Stealth Ground-Mounted Antennas-Telecommunications- N Subject to§18.38.060 Ground-Mounted Automotive-Car Sales & Rentals C Subject to § 18.38.200 Automotive-Impound Yards C Subject to §18.38.200 Automotive-Public Parking C Automotive-Parts Sales C Automotive-Repairand Modification C Automotive-Service Stations C Subject [o §18.38.070 Automotive-Washing C Bars & Nightclubs C Billboards N Boat & RV .Sales C Subject to § 1838.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject [o § 18.38.190 and § 18.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios-Large C Dance & Fitness Studios-Small C Day Care Centers C Table 10-A PRIMARY USES: INDUSTRIAL ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required 1 Special Provisions ' Drive-Through Facilities C Educational Institutions-Business C Edueationallnstitutions-General C Equipment Rental-Large C Conditional use permit not required if conducted entirely indoors Equipment Rental mall P Helipads & Heliports C Hospitals C Hotels & Motels C Industry-Limited P Industry-General C Jurikyards C Subject to § 18.38.200 Mortuaries C Offices-Development P Offices-General C Permitted without conditional use permit only if accessory to an industrial or other pgmary permitted use Oil Production C Subject to §t8.38.180 Outdoor Storage Yards C Subject to § 18.38.200 Personal Services-General C Laundromats are subject to § 18.38.150 Personal Services-Restricted C Plan[ Nurseries P Subject to § 18.38.190 and § 18.38.200; Retail only requires a conditional use permit Public Services P Recreation °-r..~..;,.,--~°_ "Billiards C Recreation-Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation-Commercial Outdoor C ' Recreation-Low-Impact P Recreation-Swimming & Tennis C Recycling Services-Consumer P Subject [o Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Recycling Services-General C Subject to Chapter 18.48 Recycling Services-Processing C Subject to Chapter 18.48 Repair Services-General P Repair Services-Limited C Research & Development P Restaurants-Drive-Through C Subject to §18.38.220 Table 10-A PRIMARY USES: INDUSTRIAL ZONE P Permitted by Right C Conditional Use Permit Acquired N Prohibited T Telecommunications Antenna Review Permit Required 1 Special Provisions - Restaurants-General C Fast-Food and Take-Out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; Subject to §18.38.220 Restaurants-Semi-Enclosed C Subject to §18.38.220 Restaurants-Walk-Up C Retail Sales-Household Furniture C Permitted by conditional use permit only if the retail sales portion of the business occupies a minimum of 50,000 squaze fee[ of building floor area Retail Sales-General C Industrially-related only Retail Sales-Outdoor C Subject to § 18.38.190 and § 18.38.200 Self Storage C Subject to Planning Commission Policy Sex-Oriented Businesses P Subject to Chapter 18.54 Studios-Broadcasting P Studios-Recording P Towing Services P Transit Facilities C Track Repair & Sales C Subject to § 18.38.200 Utilities-Major C Utilities-Minor P Veterinary Services C Warehousing &Storage-Enclosed P Wholesaling P 66769.v1/MGordon EXHIBIT "C" Table 14-A P Permitted by Right PRIMARY USES• PUBLIC AND SPECIAL- C Conditional Use Permit Required PURPOSE ZONES N Prohibited T Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Residential Classes of Uses Dwellings-Single-Family Detached N N N P Mobile Home Parks N N N C Senior Citizen Housing N N N C Senior Citizens' Apartment Projects subject to Chapter 18.50 Non-Residential Clnsses of Uses Agricultural Crops P N N P Alcoholic Beverage Sales-On-Sale N C C C 1n the "T" Zone, only in conjunction with a Community and Religious Assembly use. Ambulance Services N N N C Animal Boarding C N N C Antennas-Broadcasting N N N C Antennas-Private Transmitting N N N C Subject to § 18.38.040 Antennas-Telecommunications-.Stealth T T T T Subject to§1838.060 Building-Mounted and (8.62.020 Antennas-Telecommunications -Stealth C C C C Subject to § 1838.p60 Ground-Mounted Antennas-Telecommunications-Ground- N N N N Subject to§1838.060 Mounted Automotive-Public Parking N P C N Automotive-Service Stations N N N C Subject to § 1838.070 Automotive-Washing N N - N C Bed and Breakfast Inns N N C C Subject to § 1838.080 Beekeeping N N N C Cemeteries C N C C Commercial Retail Centers N N N C Only allowed in "T"Zone on properties designated by the General Plan for Commercial Land Uses Community & Religious Assembly N N C C Convalescent & Rest Homes N N N C Convenience Stores N C C C Subject [o § 1838.1 ] 0 Dance & Fitness Studios-Small N C N N Table 14-A P Permitted by Right PRIMARY USES: PUBLIC AND SPECIAL- C Conditional Use Permit Required PURPOSE ZONES N Prohibited T Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Day Care Centers N C C C Educational Institutions-Business N C P C Educational Institutions-General N C P C Golf Courses & Country Clubs C P P C Only allowed use in PR Zone is municipally owned golf course Group Care Facilities N C C N Helipads N N C N Hospitals N N C C Flotels & Motels N C N C Mortuaries N N N C Oil Production N N N C Subject to §18.38.180 Plant Nurseries P C C C Subject to§1$.38.190 and § 18.38.200 Public Services N P P P Recreation-!?e++4itw-..Billiards N C C C Recreation-Commerciallndoor N C C C Recreation-Commercial Outdoor N P C C Within the "T" Zone, use is subject to ', § 18.14.030.130 '. Recreation-Low-Impact C P C C Recreation-Swimming & Tennis N P C C Recycling Services-Consumer N P P P Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Recycling Services-General N N N C Subject to Chapter 18.48 Restaurants-Drive-Through N N C N Subject to §18.38.220 Restaurants-General N C C C Subject to §18.38.220 Restaurants-Semi-Enclosed N C C C Subject to § 18.38.220 Restaurants-Walk-Up N C C N Retail Sales -General N N N C Only allowed in "T" Zone on properties designated 6y the General Plan For Commercial Land Uses '. Retail Sales-Used Merchandise N N N C Table 14-A PRIMARY USES: PUBLIC AND SPECIAL- PURPOSE ZONES P Permitted by Right C Conditional Usc Permit Required - -- N Frohibited T Telecommunications Antenna Review Permit Required OS PR SP T Room & Board N N N C Self Storage N N C N Transit Facilities N C C C Utilities-Major C C C C Utilities-Minor P P P P Veterinary Services N N N C Special Provisions 66770.v1/MGordon ~~a.i6f[:._ .ra., - ..n~.;. ,04- A~ > ~.~,. ..,.`a .0q^, '-~kueo.`.- Anaheim Police Depi. 425 S. Harbor Blvd. Anaheim, CA 92805 7'EL: 714.765.1401 FAX: 714.765.1665 Cityi of Anl®~aryhpg~,eimA ~/~~j~yT Attachment -Item No. 2 ®LIC~ 9J w~.~S9~~lYY U'~1\~ . Special Operations Division To: Elaine Thienprasiddhi Planning Department. From: Sergeant Mike Lozeau Vice Detail Date: June 12, 2007 RE: CUP 2007-05209 Concourse Bowling 3364 E. La Palma Ave. Anaheim, CA 92806. The Police Department received an LD.C. Route Sheet for CUP 2007- 05209. The applicant is requesting to permit a new patio area with a type 47 eating place alcoholic beverage license. The location is within Reporting District 1432, which has a crime rate of 90 percent above average. It is within Census Tract 117.14 which has a population of 302. The population allows for 1 on-sale ABC license and there are presently 9 in the tract. This population also allows for 1 off- sale license and there are currently 5. We have been called to this location 27 times in the last two years. The parking lot is a big concern and minors drinking alcohol is another. We have had 2 felony assaults, 1 assault misdemeanor, 2 vehicle hit and run, 2 911, 2 fights, 1 drunk in public, 3 grand theft, 2 petty theft, 2 burglary vehicle, 1 burglary, 1 stolen vehicle, 2 vandalism, 2 disturbance, 1 forged bills, 1 lost or stolen property, 1 illegal parking, and 1 public assist. The biggest problems seem to occur on Friday and Saturday nights. This location already has an alcohol license they want to add an outside patio area. The Police Department can only approve if the following conditions are met and placed oh their Conditional Use Permit: 1) At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 2) There shall be no live entertainment (live band), or dancing permitted on the premise at any time.. Memorandum Elaine Thienprasiddhi Concourse Bowl 3) The gross sales of alcoholic beverages shall not exceed 40 percent of the food and beverage sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 4) The sale of alcoholic beverages for consumption off the premise shall be prohibited. 5) There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 6) The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 7) That subject alcoholic beverage license shall not be exchanged fora public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code.. 8) There shall'be no admission fee, cover charge, nor minimum purchase required. 9) That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate or be a problem for freeway drivers. The parking area should be illuminated with a one foot candle power and a lighting study should be done. 10) That the business operator shall oomply 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. Page 2 Memorandum Elaine Thienprasiddhi Concourse Bowl 11) That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. 12) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 13) There must the same food as inside available to the patio area. 14) Between the hours of 8:00 pm and 2 am, Friday and Saturday night the petitioner(s) shall provide 4 licensed uniformed security guard(s). Two guards to cover the parking lot and two guards inside the business. They could use one at the door and have one roaming the floor to help keep minors from obtaining alcohol. The security measures shall be provided to the satisfaction of the Anaheim Police Department to deter uhlawful 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) The patio wall needs to be set up so no alcohol may be passed from the patio to the parking lot area. A solid wall of at least 4 feet and glass on top to at least a total of 6 feet needs to be established. This has been discussed with the applicant and he has agreed to it. 16) The applicant will need to apply for an entertainment permit if they wish to have any other entertainment such as a DJ or Juke Box. 17) Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Please contact me at extension 1451 if you require further information. f:\home\mmirwin\2007-05209 Concourse Bowl.doc Page 3 Attachment -Item Plo. 2 RESOLUTION N0.2001R-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3129 AND AMENDING THE CONDITIONS OF APPROVAL THEREFOR AS SET FORTH IN RESOLUTION NO. 89R-243. WHEREAS, on June 20, 1989, the Anaheim City Council adopted Resolution No. 89R-243, granting Conditional Use Permit No. 3124 to permit a bowling alley (with accessory and incidental sale and consumption of alcoholic beverages) and waiver of the minimum number of parking spaces on property located at 3364 East La Palma Avenue; and WHEREAS, on September 1, 1998 the City Council adopted Resolution No. 98R-186, denying a request to amend Conditional Use Permit No. 3124 to permit a dance hall as an accessory use to the bowling alley; and WHEREAS, this property is developed with a bowling alley (Concourse Bowling Alley) and a telecommunication antenna located in Development Area 3 (La Palma Core Area) of the Northeast Area Specific Plan No. SP94-1; that the Anaheim General Plan Land Use Element designates this property for General Industrial land uses; and that the property is located within the Project Alpha Northeast Redevelopment Area; and WHEREAS, the applicant has requested an amendment to this conditional use permit to permit live entertainment and a cover. charge for promotional events as an accessory use to the existing bowling alley.: WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 30, 2001 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence .and reports offered at said hearing, denied said proposed amendment and adopted its Resolution No. PC2001-101 setting forth its reasons for such denial. WHEREAS, within the time provided by law, the applicant filed an appeal from the decision of the Planning Commission; and WHEREAS, the City Council held a duly noticed public hearing on said appeal on October 23, 2001, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that subject to the strict time limitation and other conditions of operation set forth herein: 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, the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 3124 be, and the same is hereby, amended to permit live entertainment and a cover charge therefor for promotional events for a period of nine (9) months only as an accessory use to the existing bowling alley on the hereinabove described real property, subject to the following conditions which conditions shall amend, restate and supersede the conditions heretofore imposed pursuant to Resolution No. 89R-243: 1. That the hours of operation for the bowling alley shall not commence earlier than 9:30 a.m. Monday through Friday, excepting national holidays, as required by the City Traffic and Transportation Manager; and that the accessory activities associates with the live entertainment and promotional events shall only occur as follows: Fridays:: 10 p.m. to 1:00 a.m. Sundays prior to Monday National Holiday (maximum 6 occurrences annually): 7:00 p.m. to 1:00 a.m. -2- 2. That all parking spaces shall be "standard" sized with no "small car" spaces, as required by the City Traffic and Transportation Manager. - 3. That the parking lot shall be maintained in conformance with the current version of Engineering Standard Plan Nos. 936, 601 and 602 pertaining to parking standards and driveway locations. A minimum of 240 parking spaces shall be'available at all times. 9. That trash storage areas shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials .such as minimum i-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. 5. That all air conditioning facilities and other roof and ground-mounted equipment shall be properly shielded from view from adjacent properties and the Riverside (SR-91) Freeway. 6. That the proposal shall comply with all signing requirements of the SP94-1, DA-3 (Northeast Area Specific Plan, Development Area 3-La Palma Core Area), unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 7. That the existing landscape planters shall be permanently maintained with live and healthy plant materials. 8. That between 12 and 17 licensed uniformed security guards, with qualifications as approved by the Anaheim Police Department, shall be provided on the premises specifically to provide security, and to discourage vandalism, trespass and/or loitering upon or adjacent to the subject property while any live entertainment activities or promotional events are being conducted on the premises. Said security guards shall remain on-duty in a number and at a location as determined to be appropriate by the Anaheim Police Department. _ 9. That no Special Event Permits shall be permitted for the bowling alley, and that no banners or other temporary advertising shall be displayed at this location. _ 10. That no alcoholic beverages shall be sold and/or served during any event which features live entertainment and cover charge for customers patronizing this facility.. 11. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, -3- removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 12. That dancing shall not be permitted on-site in conjunction with a cover charge being collected. 13. That all activities shall be conducted entirely within the building and no outdoor area shall be provided as a designated smoking area. 19. That the portion of this permit pertaining to accessory live entertainment activities and promotional events as approved by the City Council on October 23, 2001 shall be permitted for a period of nine (9) months from the date of this resolution. 15. 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. 16. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the 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. 42307.1 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Cledc of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001 R-272 was introduced and adopted at a regular .meeting provided' by law, of the Anaheim City Council held on the 23rd day of October, 2D01, by the following vote of the members thereof. ' AYES: MAYOR/COUNCIC MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly .. . NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ~G~e~l/i.c,LF s?`YC~ CITY CLER OF THE CITY OF ANAHEIM (SEAL) - Attachment -Item No. 2 P ®I~ IVIIl~iTTES I)UE T®T E I~EI~tGTII ®F T IS ATTAC 1VIE1®TT, IT AS ~EE~T II~CI,iJI)EI) II~1 T E PL,Al~dl~tllolG C®1VIIVIISSI®l~ PAC TS AI~T~' IVIEIVI~EI~ ®F TIIE P I.,IC ~' VIEW TI3E I)®CLTli~IENT Il~T T E CASE FIDE Attachment -Item No. 2 May 3, 2007 Mr. Brandoh Rainone Concourse Bowling 3364 East La Palma Anaheim, CA 92806 Re: Parking Demand Study for Concourse Bowling at 3364 East La Palma Avenue Dear Mr. Rainone: The firm of Kunzman Associates is pleased to submit this parking demand analysis for an expansion to Concourse Bowling. Specif(cally, the facility will 'be expanded by adding a 2,047 square foot administrative office, plus a 544 square foot outdoor din(ng /smoking area, plus a 229 square foot entry area expansion. Protect Description The purpose of this parking study is to evaluate the parking demand for a proposed office, entry area and outdoor patio expansion to Concourse Bowling. The sfte contains a 40 lane bowling alley and accessory restaurant use. The site is located on the south side of La Palma Avenue, between Kraemer Avenue and Tustin Avenue, adjacent to the Riverside Freeway (SR-91). The subjecFproperty does not have direct frontage on La Palma Avenue; accessed to the site is provided via a private access easement along the western side of the site to the north. Parking for the use is provided along the north, east and south sides of the building. A total of 180 parking spaces are provided on site. The adjacent site to the west provides an additional 60 parking spaces after 5 pm, for a total of 240 parking spaces from 5 pm to closing. lll~ TOWN HL COUNTRY ROAD, SUITE B4 ®ORANGE, CA 92868-4667 TELEVrIGNE: (714) 973-8363 ®FAC$IMILE: (7t4) 973-8821 E-MAIL: MAIL ®TRAFFIC-ENGINEER.COM ® WEB: WWW.TR AFFIbENGINEEA.COM Parking Required by Anaheim RAun)cioal Code The City of Anaheim Parking Code requires 4 spaces per 1,000 square feet of office floor area, and one space per 35 square feet of assembly floor area such as the outdoor dining /smoking area and the expanded entry area. The expected increase in parking demand is 8 spaces for the office, and 22 parking spaces for the outdoor dining /smoking area and the expanded entry area. The total increase in required parking is 30 spaces. Total required parking for the use, including the proposed addition is as follows: LAND USE AREA PARKING RATIO PARKING REQUIRED 40 Bowling Lanes 21,551 S.F. 3 Spaces per Lane 120 Spaces (Existing) Public Assembly 11,319 S.F. 1 Space per 35 S.F. 324 Spaces (Existing) Publie Assembly 773 S.F. 1 Space per 35 S.F. 22 Spaces (New Lobby and Outdoor Dining Area) Commercial Uses 9,353 S.F. 5.5 Spaees per 1000 S.F. 52 Spaces (Existing) Commercial Uses 2,047 S.F. 4 Spaces per 1000 S.F. 8 Spaces TOTAL PARKING 45,043 SF. 526 Spaces REROUIREO BY ZONING CODE Refer to Exhibit 1 (Building Analysis) for a breakdo wn of the respective area squarefootages. 2 Previous Parkino Studv Kunzman Associates prepared a parking analysis for Concourse Bowling dated. December 19, 1989. In that analysis it was determined that the maximum expected parking demand would be 3.53 parked cars per bowling lane before 5 pm, and 3.98 parked cars per bowling lane after 5 pm. The .amount of parking available is 180 parking spaces before 5 pm, and 240 parking spaces after 5 pm. The study found that the parking demand before 5 pm would be 40 lanes times 3.53 parked cars per lane, or 141 parked cars. The study found that the parking demand after 5 pm would be 40 lanes times 3.98 parked cars per lane, or 159. With the expansion, the maximum expected parking demand before 5 pm is 30 parking spaces for the expansion plus 141 parked cars of demand for the existing facility, for a total of 171 parking spaces: This is less than the supply of 180 spaces. With the expansion, the maximum expected parking demand after 5 pm is 22 parking spaces for the expansion plus 159 parking spaces of demand for the existing facility, for a total of 181 parked cars. This is less than the supply of 240 spaces. Site Parkino Counts Since the expansion triggers a parking waiver, The City of Anaheim requested that the existing parking demand be determined for the facility to further ensure that there is adequate parking for the existing facility and proposed expansion. The parking lot was surveyed on Friday, Saturday, and Sunday; April 20 to April 23, 2007. It should be noted that it rained for a portion of the weekend, and discussion with Concourse Bowling staff indicated that in moderate rains, the bowling activity goes. up because it is an indoor activity that benefits from inclement weather. Comparing the previous parking study findings with the actual counts, before 5 pm it was 142 (previous) to 107 (actual). After 5 pm it was 159 (previous) to 168 - (actual). So, it was substantially less (76 percent) before 5 pm, and slightly more (106 percent) after 5 pm. 3 The parking survey was conducted during the following hours: Friday 2 pm to midnight Saturday. 11 am to midnight Sunday 11 am to midnight Refer to Exhibit 2 for the Concourse Bowl Parking counts. The bowling league activity is as follows for these three days: Friday 1 league starting at 9 am and 2 leagues at 6 pm. Saturday 2 leagues starting at 6 pm. Sunday 1 league at 11:45 am and 1 league at 5:30 pm A bowling league typically takes 3 to 3.5 hours to play, depending on skill and other factors. The walk-in [non-league] activity is high both Friday and Saturday nights.. Analysis The administrative offices will close at 5 pm, while the outdoor dining /smoking area and the expanded entry area will function both before 5 pm and after 5 pm. Thus, the increase in parking demand before 5 pm is 30 parking spaces, and the increase in parking demand after 5 pm is 22 spaces. It was found that the peak number of parked cars for the existing facility is 107 cars before 5 pm (on Friday), and 168 parked-cars after 5 pm (on Saturday). When the expected increase in parking demand is added to the new parking survey counts, the existing 107 parking space demand before 5 pm will increase by 30 spaces to 137 parking spaces, and the parking supply is 160 parking spaces. The parking demand is 86 percent of the supply. 4 When the expected increase in parking demand is added to the new parking.., survey counts, the existing 168 parking space demand after 5 pm will increase by 22 spaces to 190 parking spaces, and the parking supply is 240 parking. spaces. The parking demand is 79 percent of the supply. Required Findings Section 18.42.110 of the parking code sets forth the following findings which are required to be made before a parking waiver. is approved by the Planning Commission: (a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate .all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. RESPONSE: This report shows that the expected parking demand is 86 percent of the supply before 5 pm, and 79 percent after 5 pm. The number of parking spaces provided is more than adequate to serve the demand. (b) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. RESPONSE: Because there is no on-street parking nearby, and because the distance to the nearest on-street parking is substantial, it is expected that the expansion will not increase the. demand and competition for on-street parking. Further, the on-site supply of parking would meet the expected demand. (c) That the waiver, under the conditions imposed, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 5 RESPONSE: Because there is no adjacent privately owned......... parking. spaces nearby, and because the distance to the nearest privately owned. parking is substantial, it is expected that this expansion will not increase the demand and competition for parking on adjacent property owner's' land. Further, the on-site supply of parking would meet the expected demand. (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. RESPONSE: Because there is adequate parking to accommodate the expansion, and because the size of the parking area is relatively small compared to a typical community level shopping center, the increased parking demand will not increase traffic congestion in the off-street parking area. There is no evidence of congestion within the parking area today. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. RESPONSE: Bowling traffic generally occurs after the 7 to 9 am morning and 4 to 6 pm evening peak hours of traffic. Also the traffic signal at Ocean Circle and La Palma operates without congestion at the times bowling traffic is heaviest. CONCLUSION The Anaheim Municipal Code requires 526 parking spaces with the proposed expansion. Based on actual parking counts and based on the Parking Code requirement for the additional expansion to be added to the existing bowling, facility, the parking supply of 160 spaces before 5pm and 240 parking spaces after 5pm is adequate to serve the expected parking needs. 137 parking spaces are expected to 'be needed before 5pm; 160 spaces will be provided. 190 parking spaces are expected to be needed after 5pm; 240 spaces will be provided. 6 There is adequate parking supply to accommodate the increased parking- demand caused by the proposed Concourse Bowling expansion. Specifically, the parking demand is 86 percent of the parking supply before 5 pm, and the parking demand is 80 percent of the parking supply after 5 pm. It has been a pleasure preparing this informational report for you. If there are any questions, or if we can be of further assistance, please do not hesitate to call. Respectfully submitted, KUPIZAfiAN ASSOCIATES ~, J'•DD'•J -_~ L Qp,OFESSlp4, ^^ ~/J y 9 Z W 3 No. TR005fi Z William Kunzman, P.E. ~ Tan F ~ Principal s?,y~ Professional Registration ~c^~- Expiration Date 3-31-2008 1459b 7 Exhibit 1(Pa~e 1 of 2) 1"HE C®NC®dJSE ® LING ST IU ®F liE! 3364 EAST LA PALMA AVENUE, ANAHEIM CALIFORNIA BUILDIIVC AREA AIdD PAF?KIIVC ANALYSIS: 4/03/07 BUILDING AREA ANALYSIS: USE SQUARE FOOTAGE 40 BOWLING LANES 21,551 S.F. GAME ROOM 835 S.F. OFFICES 564 S.F. LOUNGE 780 S:F. SNACK BAR 935 S.F. LOCKERS 284 S.F. PLAYROOM 884 S.F. PUBLIC LOBBY AREA 11,319 S.F. MISC. SUPPORT AREA 5,091 S.F. ^ TOTAL EXISTING BUILDING AREA: .~ 42,223 S.F. NEW STAFF ~FICE ADDITION: 2,047 S:F. NEW LOBBY AREA ADDTION: 22B S.F. NEW OUTDOOR DINING ADDITIONI: 544 S.F. TOTAL PROPOSED BUILDING AREA: 45,043 S.F PARKING ANALYSIS: E AREA PARKING RATIO PARKING REQUIRED 40 BOWLING LANES 21,551 S.F. 3 SPACES PER LANE 120 SPACES (EXISTING) PUBLIC ASSEMBLY 11,318 S.F. 1 SPACE PER 35 S.F. 324 SPACES (EXISTING) PUBLIC ASSEMBLY 773 S.F. 1 SPACE PER 35 S.F. 22 SPACES (NEW LOBBY ' AND OUTDOOR DINING AREA) COMMERCIAL USES 9,353 S.F. 5.5 SPACES PER 1000 S.F. 52 SPACER (IXISTING) COMMERCIAL USES 2,047 S.F. 4 SPACES PER 1000 S.F. 8 SPACER (NEW STAFF OFFICES) TOTAL PARKING REQUIRED BY ZONING CODE: 45,043 S.F. TOTAL 526 SPACES _ Please seethe attached floe plan eras ena7ysio e:dtihit for ell e:ds8ng uses end new additbns. Exhibit 1(Pa~e 2 of 2) Y Z V < - WN `z °' ~g 2 N¢ u%i vOi F O O Qu N <~ 6m Y~ 6 3¢ OW VOA ZaNV N FNIU/In W6~m 0 a z'mLL ism VNn Y~n w ~ V Q6 p ~Q w M1 W?> U, ~' ~`<0u1 ; N ~2ni _ Nn KON W _~ ~Q~ W3 O~¢ V m m N ~ ~ O 6 O w 6 >O O <e m ~~ w ~WNO ~ w U ~- O ~ ~ 6 1.u ~? Vu `YoR: m( nmmn L~in~ Yy U Nm N ¢ZN ~¢^ VN 0 P ~~ 3 WO w QQ V Y UW N 0 aoLL~ o~• i~n~ z "u W j ( Yi NtW~ WWO n° Y w m U m g 6 ¢ ¢ 0 g F 8 W z ~w2~ NCO„ x<On wuam o fia pLL N %w~~m w¢2mu ,V^J v/ J Q Q Z 0 J 7 m Exhibit 2 -Concourse Bowl Parking Data (Parked Cars) TIME FRIDAY SATURDAY SUNDAY CONCOURSE; NEIGHBOR' ILLEGAL' TOTd CONCOURSE' NEIGHBOR! ILLEGAL' TOTAL CONWURTE' NflGHeOR' ILLEGAL' TOTAL. " 11:00 AM 70 9 0 79 25 0 0. 25 11:15 AM 75 9 0 84 30 0 0 30 11:30 AM 77 10 0 87 30 Z "'0 32 11:45 AM. BO 12 0 92 36 4 1 41 12:00 PM 80 13 0 93 41 6 1 4B 12:15 PM 82 32. 0 94 43 6 1 50 12:30 PM 77 12 0 89 42 5 1 48 12:45 PM 78' 12 0 90 43. 5. 1 49 1:00 PM 56 9 0 65 52 6 1 59 1:15 PM 55. 9 9 64 59 6 1 66 1:30 PM 56 11 0 67 62 7 1 70 1:45 PM 47 9 0 56 63 8 1 72 2:00 PM 87 18 2. 107. 50 10 0 fi0 67 10 1 78 2:15 PM BL. 19 2' 102 45 8 0 53 70 10 3 81 2:30 PM 84 18 2 104 41 8 0 49 74 14 1 89 2:45 PM 81 17 2 100 42 6 0 48 79 33 1 93 3:00 PM. 79 17 2 98 43 5 0 48 80 13 1 94. 3:15 PM 66 17 2 85 43 6 0 49 79 12 1 92 3:30 PM' 41 ib 2 57 S0 6. 0 Sfi 79 12 1 92 3:45 PM 39 9 2. 50 53 5' 0 58 86 13 1 100 4:00 PM 43 9 2 54 55 5 0 60 88 14 1 103 4:15 PM 45 9 2 96 fi0 B 0 68 84 13 1 98 4:30 PM 45 T 2 54 67 9 0 76 88 13 1. 102 4:45 PM 45 7 2 54 66 8 0 74 89 14 1 104 5:00 PM 46 7 2 55 63 5 O 66. 93 15 1 109 5:15 PM 48 7 2 57 75 7 0 82 85 15 1 101 5:30 PM 78 15' 2 95 91 30 D 101 87 16 1 104 5:45 PM 96 15 2 113 90 30 0 100 86 15 1 102 6:00 PM 106 39 2 127 96 12 0 108 82 13. 1. 96 6:15 PM 112 22 2 136 90 12 0'. 102 80 13 I 94 6:30 PM 95 34. 0 129 83 11 0 94 84 14 1 99 fi:45 PM 107 38 0 145 84 11 0 95 86 16 1 103 7:00 PM 116 40 0 156 83 14 0 97 96 16 1 113 7:15 PM 115 38 0 153 8fi 14 0 100 98 18 2 118 7:30 PM 1]5 38 0 153 89 15 0 104 111 20 2 133 7:45 PM 119 39 0 358 92 13 0 105 110 24 2 13fi 8:00 PM 117 40 0 157 94 12 0 SOfi 107 22 2 131 8:15 PM 120 41 0 161 96 12 0 108 110 22 2 134 8:30 PM 126 42 0 168 83 13 0: 96 105 20 2 127 8:45 PM 122 41 0 163 88 12 0 100 100 17 1 118 9:00 PM 123 45 0 166 90 20 0 310 85 15 1 . 101 9:15 PM 115 4Z 0 157 110 26 0 135 80 13 1 94 9:30 PM 117 43 0 160 1]6 28 1 144 70 10 1 81 9:45 PM 93 36 0 127 119 30 1 150 57 9 1 67 10:00 PM 92 29 0 121 323 32 1 154 55 7 1 63 10:15 PM 101 26 0 127 126 33 1 160 56 8 1 65 10:30 PM ' 95 25 0 120 300 36 0 136 50 8 1 59 10:45 PM 98 25 0 123 103 35 0 138 43 6 1 50 11:00 PM 100 23 0 123 111 35 D 146 40 6 0 46 11:15 PM 101 21 0 122 133 35 0 168 35 4 0 39 11:30 PM 99 20 0 119 128 34 0 162 31 4 0 . 35 11:45 PM BO 19 0 . 99 120 36 0 15fi 28 4 0 32 MAX BEFORE SPM 87 19 2 107 82 13 0 94 89 " ib 1 104 MAX AFTER SPM 126 45 2 168 133 36 1 168 111 24 2 136 Attachment -Item Mo. 2 CONDITIONAL USE PERMIT NO. 2007-05209 Alternate Actions. Should the Commission wish to approve the amendment to Conditional Use Permit No. 3124, as requested, the following actions would be necessary: (a) By motion, approve a Negative Declaration. (b) By motion, approve waivers of minimum number of parking spaces, maximum FAR and maximum size and quantity of freeway-oriented signs based on the finding that (c) By resolution, approve modification to Conditional Use Permit No. 3124 to approve the building expansion, outdoor patio, telecommunications towers and the proposed electronic readerboard signs, subject to adoption of Zoning Code Amendment No. 2007-00063. (d) By motion, recommend that the City Council .adopt Zoning Code Amendment No. 2007-00063. Attachment -Item No. 2 [DRAFT -FOR APPROVAL AS REQUESTED BY THE APPLICANT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING, IN PART, AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3124 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2001R-272 {3364 EAST LA PALMA AVENUE) WHEREAS, on Tune 2Q, 1989, the Anaheim City Council adopted Resolution No. 89R-243, granting Conditional Use Permit No. 3124 to permit a bowling alley (with accessory and incidental sale and consumption of alcoholic beverages) and waiver of the minimum number of parking spaces on property located at 3364 East La Palma Avenue; and WHEREAS, on September I, 1998, the City Council adopted Resolution No. 98R- 186, denying a request to amend Conditional Use Permit No. 3124 to permit a dance hall as an accessory use to the bowling alley; and WHEREAS, on October 23, 2001, the City Council adopted Resolution No, 2001R- 272, approving a request to amend Conditional Use Permit No. 3124 to permit live entertainment and a cover chazge for promotional events for a period of nint; (9) months only as an accessory use to the existing bowling alley; and WHEREAS, this property is developed with a bowling alley (Concourse Bowling Alley) and a telecommunication antenna located in Development Area 5 (Commercial Area) of the Northeast Area Specific Plan No. SP94-1; that the Anaheim General Plan designates the property for General Commercial land uses; WHEREAS, the applicant has requested an amendment to Conditional Use Permit No. 3124 under authority of Code Section 18.60.190; and WHEREAS, the proposed request is to remodel an existing bowling facility including an expansion for a management office and outdoor patio area and new telecommunications towers. Also requested are two freeway-oriented electronic readerboard wall signs which would be subject to the adoption of the requested Zoning Code Amendment No. 2007- 00063. The proposed project includes waivers of the following: - (a) SECTION NO. 18.42.050.010 Minimum number ofpazkine maces (526 required; 240 proposed) (b) SECTION NO. 18.120.100.060:0803 (c) SECTION NO. 18.120.100.1312 Maximum floor area ratio. (0.25 permitted; 0.32 proposed) Maximum number and size of four freeway-oriented signs. (One 250 square foot sign permitted; Two 544 square foot readerboard signs Cr\PC2007-0 -1- PC2007- and two 156 square foot channel letter signs proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 30, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the June 25, July 23 and October 1 meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to remodel an existing bowling facility including an expansion for a management office and outdoor patio area and new telecommunications towers is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.120.0507 (Bowling Alleys) and 18.120.0511 (Telecommunications Antennas). 2. That the bowling facility and proposed expansion will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located 3. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular azea or to the health and safety. 4, That granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 5. The proposed freeway-oriented electronic readerboard wall signs are hereby approved on the basis that such signs are authorized by the Anaheim Municipal Code in conjunction with a bowling facility based on the requested Zoning Code Amendment No. 2007-00063, which was proposed in order to provide a mechanism for approval. 6. That waiver (a) is hereby approved based upon an update to a previous parking demand study prepared by Kunzman Associates, dated May 3, 2007, providing evidence that adequate parking exists on the property for the bowling facility and proposed expansion. 7. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the bowling facility and proposed expansion than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation because the parking study indicates that the peak parking demand for off-street parking spaces is lower than the quantity provided for the project site (168 spaces needed and 240 spaces proposed during peak hours). -2- PC2007- 8. That the parking waiver, under the conditions imposed, if any, will not increase,. traffic congestion and will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use because the bowling facility and proposed expansion will have adequate parking to accommodate the project's peak parking demands. 9. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because as indicated in the parking study, adequate parking to accommodate the anticipated project peak parking demand will be provided on-site. 10. That the parking waiver, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site is physically separated from adjacent private properties. Furthermore, it has been determined by the parking study that adequate on-site parking spaces are being provided. 11. That waiver (b) pertaining to maximum floor area ratio (FAR) is hereby approved since the existing building is currently legal nonconforming with respect to the FAR limitation of 0.25 in Development Area 5 of the Northeast Area Specific Plan since it was developed prior to the specific plan adoption. Moreover, the proposed 0.32 FAR would be consistent with the FAR limitations in the General Plan, which is 0.5. Further, staff will be processing a specific plan amendment to the Northeast Area Specific Plan in order to raise the FAR limitation such that it is consistent with the General Plan. 12. That waiver {c) pertaining to maximum quantity and size offreeway-oriented signs is hereby approved because ;and 13. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to remodel an existing bowling facility including an expansion for a management office and outdoor patio area and telecommunications towers; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Resolution No. 89R-243, as amended by Resolution Nos. 98R-186 and 2001R-272 and as adopted in connection with Conditional Use Permit No. 3124, to read as follows: Prior to issuance of a buildine aermit or within a period of one (1I year from the date of this resolution, whichever occurs first, the followine conditions shall be complied with: -3- PC2007- That final elevation plans, including colored elevations and a material board, shall be submitted to the Planning Department for review and approval. Any decision by the Planning Department may be appealed to the Planning Commission as a Reports and Recommendations item. 2. That final sign plans shall be submitted for review by the Planning Commission as a Reports and Recommendations item. 3. That all equipment, including supply cabinets and power meters shall be installed on private property and shall be screened from public view, as approved by the Planning Services Division. The developer shall obtain aRight-of--Way Construction Permit from the Public Works Department for any work within the public right-of--way, including but not limited to installation of conduit, cable and electrical service lines. 4. That the wall surrounding the outdoor patio area shall consist of a solid wall of at least four (4) feet with glass on top for a minimum combined height of six (6) feet. Said information shall be shown on plans submitted for building permits. That the applicant shall be required to protect in place the City of Anaheim's existing 10-inch cast iron water main, the centerline of which, according to record drawings, is located 4-feet west of the west property line. Furthermore, the footings of the cellular telephone towers; buildings, walls, or structures adjacent to the property's west property line must not impose any additional loading onto the City of Anaheim's existing 10-inch cast iron water main. Detail plans of footings for any building or structure adjacent to the 10-inch caster iron water main must be submitted to the City of Anaheim for review and approval prior to issuance of any building permit. Said plans shall accurately locate the existing 10-inch cast iron water main in relation to the proposed constnaction. 6. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said infomaation shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 7. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 8. That the trash enclosure shall be refurbished per City Standards and approved by the Streets and Sanitation Division of the Public Works Department. Said information shall be included on plans submitted for building permits. Prior to final buildine and zoning inspections the followine conditions shall be comalied with: -4- PC2007- That the screening parapet and tower material are subject to approval of a zoning inspection to confirm that no telecommunications or other roof mounted equipment is visible from public view. 10. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein. General Conditions: 11. That messages displayed on the electronic readerboard signs shall be limited to advertising the subject bowling facility and City-sponsored events and messages. No off-site advertising shall be permitted doing so constitutes a billboard. 12. That the applicant shall provide four (4) licensed uniformed security guards on Fridays and Saturdays, between the hours of 8:00 p.m. and 2 a.m. Two guards shall monitor the parking lot and two. guards shall monitor the inside of the premises, with one at the door and the other roaming the floor to keep minors from obtaining alcohol. 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. 13. That 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. 14. That there must be the same food availability on the patio area as is provided within the building. 15. That there shall be no exterior advertising of any kind or type; including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 16. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate or be a problem for freeway drivers. The parking area should ' be illuminated with a one foot candle power and a lighting study should be done. 17. There shall be no live entertainment (live band), or dancing permitted on the premise at any time. 18. That the applicant shall obtain appropriate permits from the Business License Division if they wish to have any other entertainment such as a DJ or juke box. 19. The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all food and beverage sales during any three (3) month period. The applicant shall maintain records on a quarterly basis, indicating the separate amounts of sales of alcoholic beverages -5- PC2007- and other items. These records shall be made available for inspection by any City of Anaheim.... official when requested. 20. The sale of alcoholic beverages for consumption off the premise shall be prohibited. 21. The activities occumng in conjunction with the operation-of this establishment shall not cause noise disturbance. to surrounding properties. 22. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 23. That there shall be no admission fee, cover charge, nor minimum purchase required. 24. 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. 25. That the applicant shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission chazge, including minimum drink orders, or the sale of drinks. 26. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and In cases of emergency. 27. There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 28. That no Special Event Permits shall be permitted for the bowling alley, and that no banners or other temporary advertising shall be displayed at this location. 29. That all activities shall be conducted entirely within the building and no outdoor area, with the exception of the outdoor patio, shall be provided as a designated smoking area. 30. 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 the time of discovery. 31. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 32. Extensions for further time to complete conditions of approval maybe granted in accordance with .Section 18.60.170 of the Anaheim Municipal. -6- PC2007- 33. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 1, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to .appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 1, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: -7- PC2007- IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -8- PC2007- Item No. 3 SMALL IND. YIFtMS -' H W W ~ RM-0 1 I ~ RCL 69-70-27 RCL 51-5: RCL 5354-19 I RCL 53-54-19 CUP 27~ ~ VAR 2204 RCL 5354-19 CUP 24( ~ VAR 2141 SMALL IND. FIRMS -~ STORAG J APARTMENTS ~ 104 DU ANAHEIM PLAZA REDEVELOPMENT AR EA GG RCL 2006-00169 RCL 92-93-04 } I RM-3 RCL 67-68-26 Q RCL 72-73-27 RCL 2006-00189 RCL53-5419 ~ SMALL IND. -___ __ RCL 92-93-04 243 CU FIRMS ---- -- RCL 67-68-26 CUP 3589 ~ RCL 5354-19 CUP 3104 W CUP 3589 VAR 3615 I CUP 3104 VAR 2476 V SMALL INDUST VAR 2355 S W FIRMS VAR 2476 VAR 1945 S VAR 1945 5 TPM 2006-26 V SMALL SHOPS I TPM 2006-26 IND. FIRM TARGET ~ a G ~ ~ RCL 65-66-52 ~ no ~ CUP 3034 c0 ~ -~ SMALL SHOPS & ti~ um $ ~ COMMERCIA OFFICES ~ 0: ¢U RCL 66-67-14 SNAL SHOP ~- 238'-®{ LINCOLN AVENUE C-G RCL 68-69-53 S-2 GG 7 o m GG CUP 2107 1 DU EACH ~ 7 T CL 9a97-t ~ m .- 63-6453 RESTAURANT rn AR 10005 VAR 462 RCL 84-85-36 (Res of Int U m " UP 200 L~tl ~ ~ VAR 462 VAR 3485 to CO) ~ ¢ 04743 a W ~ VAR 4068 ~ > VAR tfi21 T VAR 1608 -CUP 200 MEDICAL OFFICES RCL 04691 RS- O N MED. CENTER G3-64-119 CUP 2001- DU ACH w ~ ANAHEIM PLAZA REDEVELOPMENT AREA 04319 W CUP 564 D RS-2 CUP 244 Q VAR 919 S 0 RCL ~ 1 DU EAC ~Elr,~ p R5-2 m 5-2 EMBASSY AVENUE NOa ssuire: / \ RS-2 1 DU EAC //`~\\\1 1 DU EACH 1 DU EACH RS-2 I ~ 1 DU ~,4CH I p t Conditional Use Permit No. 2007-05243 Requested By; THE ZACHARY TAYLOR PEDICINI TRUST 1841 West Lincoln Avenue - Subject Property Date: October 1, 2007 Scale: 7" = 200' Q.S. No. 46 10389 Conditional Use Permit No. 2007-05243 Requested By: THE ZACHARY TAYLOR PEDICINI TRUST 1841 West Lincoln Avenue Subject Property Date: October 1, 2007 Scale: 1" = 200' Q.S. No. 46 1D389 Date ofAeriai Photo: _- ITEM N®. 3 PLANNING COMMISSION AGENI9A REPORT 200 5. Anaheim 81vd. : Suile#162 Anaheim, CA 92805 : Tel: (714) 765-5139 Fax: (714) 765-5260 '.. www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: OCTOBER 1, 2007 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT NO. 2007-OS243 LOCATION: The property is identified as 1841 West Lincoln Avenue. APPLICANT/PROPERTY OWNER: The applicantiSJohn Pedicini and the property owner is The Zachary Taylor Pedicini Trust: REQUEST: The applicant requests approval of a conditional use perrnit to expand an existing commercial retail centerand to establiskland use conformity. The'proposal' includes modifications'of standazds to allow a five (5) foot landscaped setback' adjacent to a residential zone where the Code tequires a ten (10) foot setback. In addition, the'` project does notinclude a required wall to separate the property from the adjacent residentially-zonedproperty. RECOMMENDATION: Staff recommends that the Commission take the following. actions: (a) By mofion approve a CEQA Negative Declaration:` (b) By motion; approve waivers of minimum landscaped setback and required block wall adjacent to residences. (c) By resolution, approve Conditional Use Permit No. 2007-05243. BACKGROUND: This property is developed with a commercial retail center. It is .located within the General Commercial (C-G) zone.. The General Plan designates this. property and properties to the north, south, and west for Low-Medium Density ResidentiaLland uses. Properties to the eastare designated for Industrial land uses. The property is locatedwithin the Plaza Project Redevelopment Area. Tentative Parcel Map No. 2006-265; a request to establish a 2-lot residential and commercial subdivision, was approved by the Planning Commissionon November 27; 2006. The map was recorded on Apri124, 2007. This action created this parcel and sepazated it from the adjacent Tazgerstore. This hearing was continued from the September 5, 2007, Planning Commission meeting to advertise a waiver of code requirement regarding a required block wall.. At this CONDITIONAL USE PERMIT NO.2007-05243 October 1, 2007 Page2of3 meeting the Commission and the applicant expressed a concern with providing a Code required eight (8) foot tall block wall between this property and the adjacenf property developed with a Target retail store. PROPOSAL: At the September 5 Planning Commission hearing, the applicant proposed an expansion of an existing commercial retail center to construct two (2) additional retail spaces. The existing commercial center consists of four (4) tenant spaces encompassing' S;000 square feet: The two (2) additional units would be 3,100,square feet for a total of six. (6) tenant spaces and 8;100 square feet. Please refer to the project summary chart attached to this report for project details. At the direction of the. Planning Commission, the applicant has submitted a revised elevationplan and materials board. The plan indicates a new tower element between the old and new portions of the oenter, a stucco finish and slate the wainscoting: Other than revisions in the elevations; this project has not changed since the last public hearing. ANALYSIS: Commercial retail centers consisting of two (2) or more commercial tenant spaces are permitted in the General Commercial (GG) zone;. subject to the approval of a conditional use permit: The code requires a conditional use permit for commercial centers to address issues such as the design of the. building, consistency between tenant. spaces,` site layout and usability, and abilityto accommodate operational needs of the tenants; such as deliveries The applicant proposes a number of code waivers. In addition; the Commission provided some direction relafive to the proposed elevations at the last hearing: Staff has provided the followinganalysis and recommendations. Issue: Waiver of minimum landscaped setback The applicant proposes a five (5) foot landscape setbackalong the north and west property lines adjacent to a residential zone boundary; and ten (10) feet is required by the Code. The property :was recently subdivided in' anticipation of residential development on the property to he north and west: As a part of the sales agreement between theproperty owners; the futureresidential development would provide a five (5) foot landscaped setback in addition to the minimum landscape requirements to ensure an adequate landscaped buffer is provided between the commercial center and the new residential units (copy attached). The intent of the code requirement is to ensure an adequate buffer between the commercial and residential uses forprotection to the residences:'' Staffbeleves thatthe requested waiver is `justified in this case because the minimum ten (10) footlandscaped setback requirement will still be provided betweenthe two uses. Issue: Required block wall abutting Multiple-family zone Code requires an eight (8) foot tall block wall to separate a commercially zoned property from a residentially zoned property: The property to the north and west is coned for multiple-family residential uses and the subject property is commerciallyzoned: Therefore, a wall is required along the'north and west property lines: At the September hearing; the applicant's plans included' a wall between the two properties: The Commission expressed concern regarding the CONDITIONAL USE PERMIT NO. 2007-05243 October 1, 2007 Page 3 of 3 proposed wall since the adjacent property is occupied by a commercial use. Although a residential project is anticipated in the future, the expansion of the proposed center maybe. completed prior to the construction of the residential project. Because there would not be any landscaping adjacent to the wall on the residentially zoned property side, the Commission was concerned tharan exposed wall would create graffiti problems. As a result, the applicant has revised the plans to eliminate the wall. The intent of the wall requirement is to ensure an adequate sepazation between the commercial and residential uses for protectionto the residences: As apart of the sales agreement between. the property owners, the residential developer would construct the Code required eight (~) foot tall block wall on the common property lines. Staff believes that the requested waiver is justified in this case because the block wall will still be provided between the two uses when the adjoining site is redeveloped. Issue: Building Architecture At the September hearing, the applicant presented a proposal for the expansion that would architecturally match the existing commercial center with some minor facade improvements. The Commission expressed concerns regazding the proposed architecture and directed the applicanf to modernize the facade of the existing center as well as the addition. The applicant would like to continue to work towards an acceptable plan but has provided the revised elevation to gef further direction from the Commission. Staff recognizes additional work still needs to be done to improve the elevations. A condition of approval has been included requiring the applicant to bring back plans to the Planning Commission for approval a$er additional direction is provided. 1n conclusion, the proposed retail and restaurant uses would be compatible with adjacent land uses in the area and contribute to the services provided for the neighborhood. The new construction would revitalize an older commercial center: The proposed addition to the center is consistent with the existing building and the changes to the site provide .adequate areas for ingress and egress: The site has been operating without issues: This proposal brings the: commercial center closer to compliance with current code requirements. Staff recommends approval of this request. Respectfully submitted, Concurred~/b~y,,/ /,,, ~ ~10Sa'•' . ~_~~~4~-~" ,E~~ 4A/YII.r~,r'~LGN1~/Z3 APrincipal Planner Planning Director Attachments' L Project Summary 2: Justificationof Waiver Form -Landscaping 3: Justification pf Waiver -Block Wall 4: Purchase and Sale Agreement ATTACIIIVIENT N®. 1 PR®JECT SUlVI1VIAI2Y C®NIDITI®NAL US1/ PEIiN[IT N®.2007-09243 IDevelo ffient Standard Pro osed Pro'cet C-G Zone Standards: Site Area 0.9 Acres N/A Pazking 60 spaces 56 s aces Landscaping Setback Adjacent to Lincoln 5 feet* 15 feet Adjacent to Crescent 10 feet 10 feet Interior 5 feet** 10 feet Building Setback Adjacent to Lincoln 60 feet 15 feet Adjacent to Crescent 10 feet 10 feet Interior 55-73 feet 20 feet Floor Area Ratio .21 N/A Building Height 19 Feet 28 Feet *Existing setbacks. **Waiver requested. ATTACHMENT -ITEM NO.3 SECTION 4 PETITIONER'S STATEMENT OF TUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ ~ ~ U 1$ ~ O U- O' ~) ~ UlV I ~ //~~.A. separate statement is required for each Code waiver} ~', (\` PERTAININGTO: ~ IY1G1 ~(,~i{r-' %~`~ , Sections 18.03:040.030 and 1$.12.060 of the Anaheim Municipal Code require [hat before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the Following shal] be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive a[ a decisioq please answer each of the following questions regarding the property for which a variance is sought, Cully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are [here special circumstances [hat apply to the property in matters such as size, shape, topography, location or surroundings? _ Yes ~ No. If your answer is "Yes," describe the special circumstances: 2. 3. ft IlOW me "IV nw.ac 6 ~{-/oal Or Do the special circumstances applicable to the pro deprive it properties located within the same zone? _Yes ~No If your answer if "yes;' describe the special circumstances: 4. Were the special circymstances created by causes beyond the control of the property owner (or previous property owners)? _Yes ZC No The sole ose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approve hich would have the effect df granting a special privilege not shazed by other property in the same vicinity and zone which is [otherwise expressly authorized by zone regulations governing su Iect operty. Use variances are not permitted. ~ a~ 0'1 Signa a roperty Owner or Authorized Agent ate 0 FCe CONDITIONAL USE PERMTT/VARIANCE NO. tz, zooo Are the special circumstances tha apply to the property different from other properties in the vicinity which are in the same zone as your property? Yes _ No PETITIONER'S STATEMENT OF NSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIILED FOR PARKING WAVER) ATTACHMENT -ITEM NO. 3 REQUEST FOR WAIVER OF COD£ SECTION: 18.46.110.020 (A separate statement is required far each Code waiver) PERTAINING TO: Required block wall with a hei tg~~t of ci t (Sl feet Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before say variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; Z. That, because of such special circumstances, strict agplication of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. Tn order to detemrine if such spocial eimumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possble. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings?_Yes x No. If your answer is "Yes," descnbe the special circumstances: NN/A. 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? ~ Yes _ No If your answer is'"'yes," describe how the property is different: The nciehborin¢ nrouerty owner screed to corrshuck the 8-foot tall block wall at the time his oroiect's construction 3. Ao the special circumstances applicable to the property deprive It of privileges cuaently enjoyed by neighboring properties located within the same zone? Yes x No INyAour answer if °yes," descrbe the special circumstances: 4. Were the special circumstances c~@ted by causes beyond the control of the property owner (or previous property owners)? „Yes x No / EXPLAIN: N/A. ~,r ' %~/ The sale purpose of any variianec qq ,''Code waiver shall be to prevent discrimination, and no variance ox Code waiver shell be approved which would haye'the ~fl'ect of gtantirtg a special privilege not shared other r which is not otherwise P oP~' ~ the same vicinity and zone e ~s;~y'authorized by zone regulations governing j~~~ty. Use variances are not petnlifted. ~ 'CJ~ Signature o£Prop whet or Authorized Agent I~'ate / ~~~ '. CONDITIONAL JJ'SE PERMITNARIANCE NO. 37625VDECEAtBER 12, 2000 RFR-1R-2007 1704 FROhI BRRI~ID'rIJIIJE DEVELDPhIEFlT CO TO 4760444 P.20i20 .--- ATTACHMEfdT - ITEfiA P10. 3 Rider A to Pmehase and Seie Agreement, dated November 21, 2006 The terms, conditions, covenants, and agreements made and set forth herein are intended to and shall have the same force and effect as set fonh in the Purchase and Sale Agrcemen[ dated November 2l, 2006 ("Purchase Agreement") between FRONT STREET LAND GROUP, LLC, e Califamia limited liability company (°Seller'), and 7pHN T. PF,DiCMI, as 'l'rustze for 'f1~lE ZACHARY TAYLOR PEDICENi TRUST and dO}~tN PEDICINI ("Buyer"). 1. Seller's Residential Development- in connection with Seller's planned residential development pf the remainder of the Target Property, in exchange for the Ruyer's extension of the Closing, Seller shall reasonably attempt to creato a five foot (5') set-back additional [o the City of Anaheim's required set-back for Seller's property bztwecn the Subject Property and the remainder Tazget Property, provided the set-back does not: (I) reduce the size of Salters planned residential units, (ii) reduce thz emotmt of units permitted on [he remainder Tergnt Property nr (iii) otherwise adversely affect the Seller's planned residential development, all as dutertnined by Seller ht its sole discretion. If permitted by the City of Anaheim, Seller shall construct, at Seller's mvn cost and expense, a solid masonry wall night (S) feet in heigh[ m be boil[ on the common property lines between the Subject Property and Seller's property at such tune as Seller proceeds with the residential development of ils property. Additimtally, Seller is responsible for construction of the rcquved wheelchair tamp at the intersection of Lincoln Avenue and Crescznt Street at such time as it is requirod by the Ciry of Anaheim. This section shall survive the close of escrow. 2. No protest. purbtg Escrow and at all times after the Close of Fst't'ow, Seller shall not ubjecl to any proposed redevelopment plans of the 5ubjcc[ Property by Buyer, provided that the proposed development on the Subject Property does not adversely affect Seller's development of the remainder of dtc Terge[ Property as a planned residential community. This section shall survive [ha close of escrow. }, Ad i[i n 1 Payment. No1wi[bstanding Section 5(k) of the Purehosc Agreement and subject In Buyer's ay~eements set fonh in the Purchase Agreement, Seller agrees to provide to Buyer at Closing an Additional credit toward the Purchase Price in the at»otntt of $100,0U0,W, payable directly to Krause Construction. Such credit amount and pnymenl to Krause Construction shell be paid through Escrow attd reflected on the Closing Sratetnent. !N WITNESS WHEREOF, dro parties herzlo have executed this hider nn April ~~2007. SELLER: 21ti4N16176-0020 ~05191,a1 coal ANr TOTRL P.20 FRONT STRPET LAND GROUP, LLC, a Califnmia limited liability company [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05243 BE GRANTED (1841 WEST LINCOLN AVENUE) WHEREAS; the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 2 OF PARCEL MAP NO. 2006-265, AS SHOWN ON A MAP FILED IN BOOK 354, PAGES 32 AND 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 5, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the October 1, 2007, public hearing; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of ali evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed expansion of an existing commercial retail center and to establish land use conformity, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Commercial Retail Center) with waiver of the following: (a) SECTION NO. 18.08.060.010.0101 (b) SECTION NO. 18.46.110.020 Minimum landscape setback. (10 feet required; 5 feet proposed) Required block wall. (8-foot wall required; none proposed) 2. That the above-mentioned waiver (a) is hereby approved as the minimum 10-foot landscape setback requirement would be shared between the subject property and the adjacent residential property to the north and west and therefore, an adequate buffer between the two uses would be provided. 3. That the above-mentioned waiver (b) is hereby approved as the required eight (8) foot tall block wall would be constructed by the future residential development to the north and west and therefore, screening of the two uses would be provided. Cr\PC2007-0 -1- PC2007- 4. That the proposed commercial retail center as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 5. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or the fiealth .and safety. 6. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea because the design of the commercial building provides adequate parking on-site and adequate access from Lincoln Avenue and Crescent Way. 7. That granting this conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 8. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declazation upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE Tf RESOLVED that the Anaheim Planning Commission: does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: Prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, the following conditions shall be complied with: That the number of tenant spaces for this commercial retail center shall be limited to six (6). Said information shall be specifically shown on plans submitted for building permits. That adequate lighting of pazking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of dazkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. -2- PC2007- 3. That 4-foot high street address numbers shall be displayed flat on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 4. That trash storage areas shall be maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department.. That the project shall provide for accessible track deliveries on-site. Said information shall be specifically shown on plans submitted for building permits. 6. That a final coordinated sign program for the entire center, including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. Said plans for the monument sign shall incorporate the material treatment and colors used on the building- The signage shall be designed to complement the architecture of the commercial retail center. Any decision by staff maybe appealed to the Planning Commission as a "Reports and Recommendations" item. 7. That all requests for new water services, fire hydrants, or fire lines, as well as any modifications, relocations, or abandonment's ofexisting water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 8. That since this project has a landscaping common area exceeding 2,500 square feet; a separate imgation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 9. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications'and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e, landscape screening, color of walls, materials, identifiers, access points, etc.). 10. That any required relocation of City electrical facilities .shall be at the developer's expense. 11. That plans shall be submitted to the Traffic and Transportation manager for his review and approval showing conformance with Engineering Standard No. 115 (10-foot radius curb returns for all driveways and sight distance visibility for the monument sign and wall location). 12. That any removal or relocation of any traffic signal equipment or any other related item to the traffic sign shall be at the developer's expense if the project requires street widening or new/modification of the driveway. 13. That plans shall be submitted to the Planning Services Division for review and approval in conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. -3- PC2007- 14. That final elevation plans shall be submitted to the Planning Services Division for Planning Commission review as a "Reports and Recommendations" item. Said plans shall incorporate.. refurbishment of the existing building and the new expansion, the use of stone or the material, detailed information pertaining to the materials and colors proposed, and detailed information pertaining to the quality and design of proposed lighting. I5. That lighting fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. 16. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 17. That final landscape plans shall be submitted to the Planning .Services Division for review and approval. The said plan shall incorporate broad headed evergreen trees planted ten foot on center adjacent to the north and west property lines. Said plans shall show 24-inch box size trees along Crescent Way, shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of--way and within landscape setbacks. The landscape material selected shall be appropriate to the width of the planter area. Any decision made by the Planning Services Division regazding said plan maybe appealed to the Planning Commission as a "Reports .and Recommendation" item. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 18. That the property owner shall submit a letter requesting termination of Variance No. 2476 (waiver of (a) permitted uses, (b) minimum number of parking spaces to establish an outdoor lot for display and sales of mobile homes in conjunction with an existing shopping center), Conditional Use Permit No. 3589 (to permit an automotive repair and parts installation facility) to the Planning Services Division. 19. That the applicant shall abandon any City of Anaheim public utilities easements that conflicts with the proposed building footprint. Prior to final buildine and zonine inspections the following conditions shall be complied with: 20. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein. General Conditions: 21. That no video, electronic or other amusement devices shall be permitted on the premises, 22. That all public phones shall be located inside the building. 23. That no outdoor vending machines that aze visible to the public right-of--way shall be permitted on the property. -4- PC2007- 24. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 25. 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 the time of discovery. 26. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 27. That timing for compliance with conditions of approval maybe amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved development. 28. That extensions for further time to complete conditions of approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal. 29. That approval of this application'constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicablebrdinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of . competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within I S days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -5- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 1, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SR. SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 1, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SR. SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2007- Item No. 4 m.L COP'C1l 'u<' PN~EIM INN 9 92.2 RLL 6461{116]1 VAR ]fiJ0 CUP ]06 yF~R2 ]65 flAM4W. M41NGATE ~ 92-2 VAR ]6]0 RLL 66ETE1186j VPA 2695 GUP ]96 9 924 ILL 6 6 6151 1211 LUP 196d l.WOECAPED ~'i~ie i~c El5'clAEN! 9 92-1 iCL 666T§1(199) LUP 9i9 O V4155 V1JJ R' GISNEYIANO Q 1 W fig J D] P92-t Q [L 8651LiI190' m CL 665151 165 a. NP 091 OLSNETLAND Q S DISNEY WAY ^cP 6b1 RCL 65LT{1 2T) RLL 6f¢5112 RCL SGSTbT 9914 RCL 666161121) xcL cs9i~ei Noel GiSi c6Nra LUF T55 LUP 6T< RLL 64LSti2 qCL 5G5T§] CUP J2 LVP 155 993-0 20]d~ PARHING LOT V NP52d RLL TT-]659 AR GUP J3 RLL E5LTL11ID61 06NEYlAND VAR ZOT46 CUPZ]JO PPAKWG OISNEYIPNG VAR ]O9B PPRKING V.W ]J9 tl.1. ING. FIRM T 3 SP 9bt LANDSCAPED SP 91-1 ~ 9P 924 C 6ET 9 06 RCL66§1.61(1691 EgSEMENT RCL 6661.61 (1G9) R - L 6 111 ) t CUP 1999 iSEMENT souix6rerv culPRnr9A 9vl9oN CO. us9uervi 902-2 RC168fi]81(]) AnJu VAR 40T CASTLE IIU! a sunEs 6P 923 RCL 646161 p90) VAR 616 VAfl 90] vAwrt SP 6F1 x654545 NUE sP ez-z RCL 6661b1146) LVP 359 vAR z]z9 s VALPN( 9 92-] RLL 1 86iTb~144) UPP]0 CVP ]59 1N094N 66URES SP 92-2 RLL fib§T-61 (45) VAR 1246 S P-J 0014 SUPER 6 MOTEL KATELLA AVENUE 52) l;' 92-2 ~ J 992-2 66616 11M]5) RCLd661611161 VAR 1169 LW 999 pq 21] VAR 100f VACANT TABY6 MGIGR LGGGE MDTE1 SP 92-2 CUP 1470 RCL66d)611611 cuP Tn VM 3909 , flESTAURANT SP 92-1 I RLL fi6.6T-811106) ' RLL BZ-8126 SP eZ-2 LUP Td61 flLL 6641]-fit (ID) CUP 1691 LUP 658 LUP 3480 PARKING LOT VAR 1944 B CUP %-16 FSP 209360006 OIfiNEYLAND EMPLOYEE RPDISSON MOTEL PARKING ALL PROP ERTIES ARE IN THE ANAHEIM RESORTTM. Public Convenience or Necessity No. 2007-00036 Requested By: ANAHEIM GARDENWALK, LLC 321 West Katella Avenue a 10380 Subject Property Date: October 1, 2007 Scale: 1" = 300' Q.S. No. 87 SP 9Z3 RCL 665T51I161 CUP Z68f LUP TlS ANgREIM RE610 992-2 6ATELLRE CIFN)ER6 RLL 666]611169) RCL 5661-]1 F SPf}1 aaxslal >ur Mwl " WX ONMA 651111E9 Public Convenience or Necessity No. 2007-00036 Requested By: ANAHEIM GARDENWALK, LLC 321 West Katella Avenue Subject Property Date: October 1.2007 Scale: 1" = 300' Q.S. No. 87 lasso ALL PROPERTIES ARE IN THE ANAHEIM RESORTTM^. Aerial Photo: Julv 2005 200 S. Anaheim Blvd. Suite#162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (7'14) 765-5280 www.anaheim:net `ITEM N0.4 PLANNING COMMISSION AGENDA City of Anaheim PLANNING DEPARTMENT DATE: OCTOBER 1, 2007 FROM: PLANNING DIRECTOR SUBJECT: DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY'NO.2007-00036 ` LOCATIONe 321 West Katella Avenue (Anaheim Gardenwalk). APPLICANT/PROPERTY OWNER: The' applicant is Mike Joher of Royal Entertainment Group and the property owner is Gardenwalk LLC. REQUEST: The applicant requests determination of Public Convenience or Necessity to permit sales of alcoholic beverages for on-premises consumption at a proposed baz/nightclub within the Anaheim Gardenwalk Overlay of The Disneyland Resort Specific Plan. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion,: approve a Categorical Exemption, Class 1. (b) Bymotion, approve Determination of Public Convenience or Necessity No. 2007-00036:' BACKGROUND: The Anaheim Gardenwalk project is afully-integrated development that will have a gazden-theme orientation and plazalpedestrian amenities. The first phase of development currently under construction includes 439,600 square feet of retail, restaurant and entertainment uses, as well as a 3,076 space parking garage.. The General Plan designates this property and all surrounding properties for Commercial Recreation .land uses. - -The Disneyland Resort Specific Plan No. 92-1, Anaheim GazdenWalk Overlay and Conditional Use Permit No. 4078 pezmitted the development of the Anaheim Gardenwalk project which included bars and nightclubs as part of the entertainment uses proposed for the project. DETERMINATION OF PUBLIC CONViENCE OR NECESSITY NO. ?007-00036 ' October 1,?007` Page 2 of 3 PROPOSAL: The applicant proposes to establish a 9,500 square foot Heat Ultra Lounge bar/nightclub on the second level of the retail concourse facing Disney Way:' The establishment would have two entrance lobbies, a dance floor area with lounge seating areas and a bar area. The hours of operation would be 6:00 p.m. until 2:00 a.m. seven days. a week: ANALYSIS: Although bars and nightclubs within the Anaheim GardenWalk project are permitted by Conditional Use Permit No. 407&, State law requires a determination of public convenience or necessity when a property for which an alcoholic beverage license is requested is located in a police reporting district with a crime rate above the City average or when there is an over concentration in the number of licenses within a Census Tract. The Business and Professions Code provides that the Department of Alcoholic Beverage Control (ABC) shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result. in; or add to, an undue concentration bf licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance ofa license: A requestfor Determination of Public Convenience or Necessity is required from the: City because this property is located within a reporting district with a high crime rate and an over concentration of licenses.> The Anaheim Police Department has indicated that this property is located within Reporting District 2025, which has a crime rate of 193 percent above the average. The population within the census tract allows for 4 off sale Alcoholic Beverage Control licenses such as those for liquor stores and convenience markets and there are presently 141icenses in the tract. It also allows for 7 on sale licenses such as those for restaurants serving alcoholic beverages and there are presently 431icenses in the tract, Due to the factthat the census tract is located within The Anaheim Resort, which is a world class tourist destinafion; the number of on-sale licenses is disproportionably highei than in other census fraet azeasofthe City:' The Police Department recognizes that the proposed'nightclub is in a resort azea and feels that this use will not be detrimental to the area provided that conditions pertaining to mitigation of sound levels; security. measures including requirements for security guards at the premise; hours of operation and restricfions on the sales of alcoholic beverages are included in the approval.: The Anaheim Resortazea was created to maintain and encourage Anaheim's position as a nationally recognized tourist;convention and recreation center: The Resort encourages - development of high qualityfacilities which complementconvention, family entertainment and. recreation for all of the visitors coming to Anaheim. All of the 43 on-sale licenses are for restaurants within either The Disneyland Resort; including Downtown Disney and Disney's California Adventure, and The Anaheim Resort; or within the GardenWalk projectwhere everal restaurants currentlyunder construefion have obtained an on-sale license. ' Itis recognized that due to the unique nature of The Anaheim Resort, there wi1T be an bverconeentration in the number of licenses.. DETERMINATION OF PUBLIC CONVIENCE OR NECESSITY NO. 2007-00036 ', October 1, 2007. '. Page 3 of 3 The bar/nightclub is compatible with the uses within the Anaheim GardenWalk project which was approved as afully-integrated development to provide restaurant, dining, entertainment uses and hotels for visitors to the area. The bar/nightclub would provide a convenience to visitors to be able to have an entertainment facility centrally located within the Resort. Staff believes that with the conditions of approval relating to security and limitations on the operation, the use would not be detrimental to the area and recommends approval of the application. Respectfully submitted,. Concun•ed by, ~,~SdL- -_:- Acting Princip 1 Planner Planning Director Attachments 1. Applicants Statement of Justification 2. Letter ofOperation 3: Reporting Districts Map: 4. Census Tract On-Sale Map 5. Census Tract Off--Sale Map [DRAF'TJ RESOLUTION NO. PC2007- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2007-00036 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE (321 WEST KATELLA AVENUE) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for on-premises consumption within abar/nightclub within the Anaheim Gardenwalk on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCELS 4, S, 6 AND 7 OF PARCEL MAP NO. 2002-205, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHON ON A MAP THEROF FILED IN BOOK 349, PAGES 43 TO 50 INCLUSNE OF PARCLE MAPS IN THE OFFICE OF THE- COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 1, 2007, notice of said public hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation .and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: Cr~C2007 -1- PC2007- 1. That khe Disneyland Resort Specific Plan No. 92-2 GardenWalk Overlay permits the sale of alcoholic beverages for on-premises consumption within a baz/nightclub shop integrated, within khe GardenWalk project, and the intent of the Code is to provide such sales as a convenience for visitors; further the bar/nightclub is integrated within the GardenWalk project providing additional security for the Facility. 2. That California state law requires a Determination of Public Convenience or Necessity when property is located in a police reporting district with a crime rate above the city average; and that Section 23958 of the Business and Professions Code provides that the ABC .shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on-premises consumption is permitted by the Municipal Code under Conditional Use Permit No. 4078, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not .adversely affect any adjoining land use or the growth and development of the surrounding azea. 4. That subject property is located in Reporting District 1925, which has a crime rate of 129 percent above the City average and is also located in Census tract 875.01 which permits 7 on-sale licenses currently there aze 43 licenses existing. 5. That there aze no schools or residential uses adjacent to the subject site. 6. That there aze licenses for on-premises sale and consumption immediately adjacent to the site however those licenses aze for restaurants. This is the only bar/nightclub that will be located within the GazdenWalk project. The conditions of approval will ensure that approval of the proposal will not adversely affect any adjoining land use or the growth and development of the surrounding area. 7. That the Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations. 8. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL OUALTTY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. -2- PC2007- NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission does........ hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for on- premises consumption at this location based on the following: Prior to final and zoning inspections or within a period of one (1) year from the date of this resolution, whichever occurs first, the following conditions shall be complied with: 1. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department Exhibit Nos., 1 though 3 and as conditioned herein General Conditions: 2. 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. 3. Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including; without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16:070 Anaheim. Municipal Code) 4. The operation of any business under this permit shall not be in violation of any provision of the Anaheim Municipal Code, State or County ordinance. (Section 4.16.100.010 Anaheim Municipal Code) 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 near the main exit from the room. (Section 25.114(a) Uniform Fire Code) 6. All entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. No one under the age of 21 shall be allowed. 8. The business shall not 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. (Section 24200.5 Alcoholic Beverage Contro] Act) -3- PC2007- 9. The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim Municipal Code) 10. Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. (Section 4.16.100.010 Anaheim Municipal Code) 11. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 12. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are cleazly visible to the exterior shall constitute a violation of this condition. 13. There shall be no requirement to purchase a minimum number of drinks. 14. Signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from leaving the confines of the establishment. 15. Alcoholic beverages cannot be included in the price of admission. 16. No person under the age of 21 shall sell or deliver alcoholic beverages. 17. Management shall a-mail a monthly calendaz of entertainment/entertainers to the Vice Detail 18. There shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. 19. There shall be no amusement machines, video game devices, or pool tables maintained upon the premises without issuance of proper permits as required by the Anaheim Municipal Code. 20. That approval of this application applies only to the 9,500 squaze foot bar/nightclub depicted on the site and floor plan (Exhibits Nos. 1 and 2) on file in the Planning Department. 21. That app>oval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. -4- PC2007- BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance..... with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the findings hereinabove set forth. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 1, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 1, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007- Attachment -Item No. 4 APPLICANTS STATEMENT OF JUSTIFICATION FOR PUBLIC CONVENIENCE OR NECESSITY The City Counr9l has established procedures for the detennlnation of Public Convenience or Necessity and has delegated the responsibllity for making such determinations to the Anaheim Plahning Commission. In'onier to assist fhe Planning Commission in its deliberations as to whether the public convenience or necessity would he served by permitting an additional alcohol establishment within an area containing an over concenhation of licenses and/or high cdrr~ rate, please answer the fdiowkrg questions. 1. What (s the primary purpose of your business? Is the sale of aloohol an essential part of the pdmary purpose of the business? Please e~lain. ENTERTAINMENT- SALE OF ALCOHOL IS A PRIMARY PART OF THE BUSINESS WHICH PROVIDES A VENUE FOR MUSIC, DANCING, AND SOCIALIZING. 2. Are there similar businesses or a concentration of alcohol outlets in the immediate area that already provide alcohol service? If so, howwould the public cornenience or necessity be served by permuting an additional license within the census had? NO OTHER VENUE IN THE GARDEN-WALK DEVELOPMENT, AND SURROUNDING AREAS, WILL PROVIDE THE FORMS OF ENTERTAINMENT TO BE OFFERED IN THIS VENUE. 3. fs there a rosiden6al neighlwrhoaf or sdxwl adjacent m fhe property for which you are requesting a publ'~c convenience ~ necessity determination? ff so, please explain how pemdf6ng an additional license would not disorogoNonately inroad an adiacent residential neighborhood or sdwol. NO- THE DEVELOPMENT IS A MIXED USE LIFESTYLE RETAIL AND HOSPITALITY PROJECT. 4. What percentage of your business do you anticipate wJ! be alcohol sales? 80%< ALCOHOLIC SALES I20 % ENTRANCE FEE (COVER CHARGE( 5. Ooes your business cater to a speafic need a specialty which is not aurentty available lnln the area? Please explain. YES- THIS PROJECT WILL PROVIDE THE CITY OF ANAHEIM WITH AN UPSCALE ENTERTAINMENT VENUE AS THE ULTIMATE DESTINATION FOR TOURISTS AND LOCALS ALIKE. 6. Are you proposing any speafic operational measures to eliminate or limit any potential negative consequences from the sate of alcoholic beverages? Please emlain. SEE SECURITY PLAN ATTACHED (IN BUSINESS PLAN, SECTION 7.0) 7. What type of license are you requesting from ABC? Is u an existing license? 48 LIQUOR LICENSE IS REQUESTED. LICENSE WILL BE ACOUIREDFROM AN EXISTING LICENSEE. NO NEW LICENSE WILL BE NECESSARY. Applia[inn lir delmninalion nrPCN.dac n:vised 7:1 Shct PCN N0, 2007 - 0 0 0 3 6 Attachment -Item 1Vo. 4 Deaz Sir/Madam In response to your request to submit explanation of our operation and sales at the location known as Heat Ultra Lowrge at the Anaheim GardenWalk; we are pleased to provide you with a brief explanation and a detailed explanation of our:operation in the submitted business plan. Based on our projections and our industry .advisory consultants, during our operations, we are projecting 70% of our sales be based on the sales of alcoholic beverages, 15% based on corporate functions (corporate events, convention center events, corporate parties, etc.) and ] 5% based on cover chazge sales. At Heat Ultra-Lounge, the alcoholic beverages will be sold by our experienced and TIPPS certified. bartenders in single servings for consumption within our premises. At no times during our operations we will not be offering any happy hour specials, drinking/beer specials, or provide beer on tap. Our concept, calls for drinks in presentaiional glassware which the drinks will be served in. Hours Of Operation: 7 days a week 6pm-tam. For further elaboration of our concept, please refer to our business plans. Thank you for your time! 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'"~" 140 ~ I t ~ ,.~~ ~ tINCOCN ~ ~_ t ~ : ~ ~ gVE ,._ . /~ ~ ~~~~ ~'~- I~ RCL 66-~-75 CG ~ ~ ~ ~ ~ ~ ~ CUP 29Q/-05249 ~ ~ RCL ES-66-P / ~ I SMALL SH OPS~ ~ CUP 3126 ~ `'" , , ( CUP 2619 Lh iv RM-4 ~ ` ~ ~ ~ seav~cE Rcu ~6 xn o I I `\ RM-4 I STATION P E THRU ~ e UeK c~ CUP2752 I \ I RCL 82-83-09 C{9 DRN REST ~Q RCL 68-69-72 1 RCL 80-61-01 RCL W-69-72 . U> AllTO (Res of Intent to CL) CUP 3126 M\CANT KSM LLSH OPS REPAIR 1 RCL 78-79-OB RS-2 ~ t (Res of Intent to CL) S VAR 3301 lANO CAPE 1 DU EACH OFFICE _ AMBER WAY RS_2 I I APARTMENTS - ~ I RM-4 272 D ^y^~b i 1 I ~- ~ / I I ' w ~ ~ ~ ~ PU RITAN PL v ` _ w _ .-_ H ^ R 2 Q D ~ T 1 DU EACH Z - R 2 CUP 866 U CHURCH Conditional Use Permit No. 2007-05249 Requested By: SUNNY INVESTMENTS, LLC POTVIN INVESTMENT TRUST Subject Property Date: October 1, 2007 Scale: 1" = 200' Q.S. No. 123 2790 East Lincoln Avenue 10361 i Aerial Photo: Conditional Use Permit No. 2007-05249 Requested By: SUNNY INVESTMENTS, LLC POTVIN INVESTMENT TRUST Subject Properky Date; October 1, 2007 Scale: 1" = 200' Q.S. No. 123 2790 East Lincoln Avenue 10361 I'T'EM NO. S PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd. Suite#162. '.. Anaheim, CA 92805 Tel: (714) 765-5139• Faz: (714) 765-528D www.anaheim.neC City of Anaheim PLANI~TING DEPARTMENT DATE: OCTOBER 1, 2007 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT NO. 2007-05249 LOCATION:' 2790 East Lincoln Avenue APPLICANT/PROPERTYQWNER: The applicant is Sequoia Deployment Service 'and the property owner is Sunny Investments;LLC and Potvin Investment Trust. REQUEST: The applicant requests approval to construct a telecommunications facility disguised: as'a flag pole with. accessory ground-mounted equipment. RECOMMENDATION:: Staff recommends that the Commission take the following: actions: (a) By motion, approve a CEQA Categorical Exempfion, Class 3: (b) By resolution, approve Conditional Use Permit No. 2007-05249. BACKGROUND: This property is developed with a commercial retail center. It is located within the General Commercial (C-G) zone. The General Plan designates this property. and the properties to the northand east for General Commercial landuses, and property south and west for Medium Density Residential land uses. PROPOSAL: The applicant proposes to construct a 50-foot tall telecommunications facility disguised as a flagpole. A total of six (6) antennas are proposed at the top of the flag pole. Plans indicate the flag pole. would be 1.5 feet in diameter::. The antennas would be mounted within the interior of the flagpole and enclosed with a cover matching the flag pole. The antenna panels would be completelyhidden within the cover. The facility and ground-mounted equipment would be located at the southwestern portion of the property, at the rear of the building. The attached project summary chart provides details of the proposal. ANALYSIS: The project has been evaluated againstapplicable development standazds and is in compliance. Code permits telecommunications facilities and antennas in the Genera] Commercial zone subject to the approval of a conditional use permit. The Code includes design guidelines for telecommunications facilities to minimize the visual CONDITIONAL USE PERMIT NO. 2007.05249 October 1.2007 Page2of2 impact of the facility on the community. Staff has provided the following analysis and: recommendation.. Issue: IDesign ®f facility The Code requires wireless communication facilities to have a "stealth" design. A stealth facility is one that is designed to minimize visual impacts by disguising the facility to appear as a natural: object, such as a free, or part of an existing structure while visually blending into the surrounding environment: Considerations were made regazdng the height ofbuildings in the surrounding. area, structures on the property and the visibility of the facility. Staff has concerns with the proposed 50-foot tall flag pole because the commercial center on the property is only 12.5 feet tall. The existing building on the site does not serve as an adequate backdrop for the flag pole, Furthermore, the distance of the flag pole from Lincoln Avenue is approximately75 feet. Therefore, the facility would be highly visible from Lincoln Avenue. and the residential uses to the south and west. In response to staff's concems; the applicant has provided a justification study indicating that the other commercial sites and apartment complexes in the vicinity are not feasible alternatives within the service area: The structures of the apartment complexesare unable to structurally support rooftop screens and equipment; and any structural improvements would disrupt tenants. The adjacent commercial properties have insutflcient space for equipment and existing CC&R's restrict building in common areas. An`analysis was also conducted on the feasibility of locating the facilities within the public right-of-way on a street light along Lincoln Avenue or Rio Vista Sfreet. The analysis indicated that a minirnum of three (3) ites would be required in order to obtain an equivalent coverage azea as the proposed flag pole. The applicant has indicated that this option would be cost prohibitive and would achieve'a lowerlevel of coverage. In Apri12007, the City announced a citywide wireless service coverage initiative to ensure all major cellular companies are able to provide full coverage throughout the City. Given this new policy direction; the applicant has explored all alternative locations in order to serve this coverage' gap. Since there is a need for coverage in this' area, iYis appropriate to site a facility in this neighborhood: The applicant has demonsfrated that'all other opfions that could potentially provide a more appropriate stealth installation have been explored and determined to be infeasible for various reasons. Given the City's current policy direction to ensure citywide coverage; and the `consfraints bf the existing developmentin the area, the flagpole design is the most appropriate alternative: Since the proposed design of the facility disguises the facility as a man-made object and furthers the goals of the citywide wireless service coverage initiative; staff recommends approval of this request. Respectfully submitted Concurred by, ~ ~~~ ,/f~~J~; Acting Principal Planner Planning Director I'It®dECT SUNI1WiAI2Y CUP2007-05249 IDevelo ~teffit stmna~rd Pro used Pro'eet C-G cone staaidards' Site Area .46 Acres N/A Building Setbacks Adiacent to: Feet Lincoln Avenue 75 25 Rio Vista Street 135 25 Interior 5 (equipment) ~* 13 (flag ole) *For telecommunications facilities. [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05249 BE GRANTED (2790 EAST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 145 PAGES 10 AND 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 1, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, .after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.040.0402 (Antennas - Telecommunications-Stealth Ground-mounted). 2. That the proposed telecommunications facility disguised as a flag pole would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because it provides a service to the community in a stealth facility. . 3. That the size and shape of the site is adequate to allow full-development of the request in a manner not detrimental to the particular area nor to the health and safety as the telecommunication facility disguised as a flagpole would not affect the circulation or setbacks of the existing commercial center: 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea. 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an essential and effective wireless communications network system. Cr~PC2007- -1- PC2007- 6. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3 (New Construction), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: Prior to issuance of a building permit or within a period of one (1) Vear from the date of this resolution, whichever occurs first, the following conditions shall be complied with: 1.. That this telecommunications facility disguised as a flag pole shall be limited to a maximum of six (6) panel antennas enclosed within the pole and accessory ground-mounted equipment. No additional antennas or equipment cabinets shall be permitted without approval from the City. Said information shall be specifically shown on plans submitted for building permits.. 2. That the walls of the ground-mounted enclosure shall be protected from graffiti opportunities by the use of plant materials such as a minimum 1-gallon .size clinging vines planted on a maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on plans submitted for building permits. 3. That all equipment, including supply cabinets and power meter shall be screened from the public right-of--way. In addition, the cable connecting the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans submitted for building permits. 4. That any required relacarion of City electrical facilities shall be at the applicant's expense. Landscape and/or landscape screening of all pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. '- Prior to final buildine and zoning inspections the following conditions shall be complied with: 5. That before activating this facility, the Operator shall submit apost-installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriff s Department or a Division approved contractor at the expense of the Operator. That the Operator shall provide a 2Q-hour telephone number to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems maybe reported, and shall resolve all interference complaints within 24 hours. -2- PC2007- 7. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file_ . with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. General Conditions: 8. That the Operator shall ensure that the facility's installation and choice of frequencies will not interfere within the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes. 9. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, .shall comply with the terms :and conditions of this permit. 10. That should this telecommunications facility be sold, the Planning Services Division shall be notified within 30 days of the close of escrow. 11. That the portion of the property being leased to the telecommunications carver 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 the time of discovery. 12. That timing for compliance with conditions of approval maybe amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 13. That extensions for further time to complete conditions of approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal. 14. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the ftnal invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -3- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission -. , meeting of October 1, 2007. Said resolution is subject to the appeal provisions set forth in Chapter I $.6Q "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SR. SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 1, 2007, by the following vote of the members thereof: AYES: COMMISSION: NOES: COMMISSION: ABSENT: COMMISSION: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SR. SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007- Item No. i uu uv.n U % ~ ry u l~/ MONROE PL ¢ MON ROE AVE f ._ ~ RS2 ALH W i DV EACH Q RS3 J 1 DV IEACH . R54 O O 4 0.LL 5SSB-2) VAR 1552 6 pV EACH RS2 RCL 505B4r a ~ YALE AVENUE vAR , Sx 1 Du EACH ADE PHI RMJ MOR LCD 4pU AFAR AEN RLLBS00-1f)PAR ENT6 }5 U VA0.1]65 y5 U 6ENIOR PPARTMENt6 n6DU RMJ ftCL 65-6511) W RLL BS60-1 t] RCL 5S5>d1 RLL )6)1-]1 pCL S}5]A1 VM ])60 0396 of Inlb RM-02001 yp0.1)B6 FRANCI6LAN PBS~1Z RGl NORMANDY ~ APARTlAEIJT6 I APARRAENTS mDu VAR 23]2 mDU F .G N 546500 LG W +i 95E RLL SB66-02 C-G j GG GG p Gea CVP4B5 RCL 56-5)Jt u RCL 50-5)d1 RLL 5&5)it VAR 114]6 LUP 2236 << LUP 610 CUP ]BB6 VAR ])03 ¢ 6MA1L6HOP6 CAR WASH TON 6MP116HOP5 N LINCOLN AVENU E c W 6L60 ~ %nz Z GHGP$ W Q P '~ W x°GI 4 19 ~ ;m ¢ Htrt W 1DU E4C1 %O r CUP 2606-050)r ~ W m BRUCE AV 4 Z RS] U d~ K 1 DU EACH % O g _RS2 RS2 I TO FMJ RCL 5}5]d L"~' VAR 16]] RCL 50-5)60 6AN MARCV6 Cl1P 1J6B 9900 LINCOLN RV PARK 4 ~ ~~ APAPTMENS W ~ W Lu U (( K 4 / „s ~ ` U O GG Q GG O S RcL 6eaG-sfi Z Rae>mae s L ~ RCL 6]A&)B MLT<b]6 w. "" l -~ RLL 565]JI W RLL EfiSNI Li VAR IG]] Q WP]mILVNI '. PYfc011 ~. 6NALL SNGP6 G OlP lptll '-~1 J sW.L E14~P5 m.--205'-T-216'~~ LINCOLN AVENUE I-~nz~ sfir'--1 G HCL MHPI ~ ~ ~? xct RCL Pl P ~R :., " XL'CE 6)d, T-]TN 98pE] ~-Neill 1-IT F aP]09 GIP Ep L1P 110 TR yLLNEW P 1 i PIP ID9 WP]N yyHH yp yQ F VMI%3 5)I.IIPAN I1LTI%N. p 7m AN%Y ~ ¢VI][I ° I Rµ 4 Wn VW w g > RLLfi& ]0.50 ~' 5~5 'w ~ P' 1E G a w[ i `4 RCL 6} 8462 q<L n ie+] l FM P Pct e6 ]a0 cuP ~%W'% RM J f~ o w Z n VAR 21)1 Rr.ARP Purtu Mv E ~nlon y TLVP ]cR RCL eB9]-]] > } d w~0 a l u 019] Cuw~ . flCL 585]8] vAR ]954 ¢ Y7 H u ~ LPEN ®a ~ ~ '° INRBGR W LAOE E v t~ P ~ pI FL~P~ . ApARTNENT4 / ~ ~ PACE p ~ Hz PU ~,q' u5< T(M141P1 ~ 1[wi~l 1; 9g RCL6?0]20 rvcaxlxm CUP 200665006 ~ I CUP 20]] 5 I~ '~ LUP ] ~S MO61lEHCME PARK r Af T P61c613 4DU -- - TMHPI NGL tlI-tl9JJ RCL eBe6JLAR ]T/2UP ]0.58 VACANL O.GF.C.O. i / I / I I WP]91e GE9i AV1F1 6u o' W Ju fj rG aiewc P AxeolR rn uxwLxE.Irc 2 m0u N Z N RC ~4 u uw69] •MRIYEM9 6Y SERENO PL ~Bu P.Ld 1DU CH T ~\ VApx TOLA AVE TOLA AVE 1 DU EACH /\ - I r¢] / g 1 DU FAH ¢ ~ z 60lIIMERN CALIPORNI = ' I////~' \V\\ R^Lmee~ EDI60N LD. FAfiEMEN IS GI '~~' ~ Q 0.52 ~ a TROJAN PL v]61am - o ~~ Conditional Use Permit No. 2003-04816 TRACKING NO. CUP2007-05230 Requested By: SOUTHERN CALIFORNIA EDISON Parcel 1:2719 West Lincoln Avenue Parcel 2: 2724 West Lincoln Avenue masz Subject Property Date: October 1, 2007 Scale: 1" = 200' Q.S. No. 20 ~'B'ElV~ N®. 6 PLAN~~NG C®Ii~l[I~SS~®1~l AG~I~A REP®R"I" 2bb S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765.5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING I~EPARTMEN'T ~AT~: ®C~®BEIZ i, 2007 ®1l~: Pl:~lvrl~rr~ IDcT®R SUBJECT: COI~ITIONAL IJSE PERNRT NO.2003-04516 (TRACKING NO. CIJP2007-05230) LOCATION: 2719 West Lincoln Avenue (Parcel 1) and 2724 West Lincoln Avenue (Pazce12): APPLICANT/PROPERTI'QWNER: The applicant is Anaheim RV Storage and the property owner is Southern California Edison. REQUEST: The applicant requests approval to reinstate a conditional use permit to retain a previouslyapproved recreational vehicle storage facility and accessory modular office building and remove the time limitation. RECOIVIIVIEIVDATYON: 3taffrecommends that the Commission continue this request to the October 15, 2007, Planning Commission hearing for the request to be re- advertised: BACKGROUND: This request was inadvertently advertised with the incorrect address. Therefore, staff is requesting a continuance to re-advertise this item. Respectfully~submitted, Concurred by, 6~ ~~ Or/fjgfpz,., ` Y `L~? ~ ~/z~~ ~ ~dGr ,c~ua~en / Acting Principal Planner Planning Director Item No. 7 H~~ I sABC) V FIRMS 5 \Fi1~`5 ~ L ( 6E-fi] 14 HI RC ~cL ssss49 RCL 54.55-42 1 p a RCL 54-55x2 COMM. SHOP - VAR 162] ~ OFFICE ®,°'"""""°•"".` N O 9 Commercial/Industrial c s PALAIS RD (South Anaheim Blvd. Area) @ '~ i ... . ., I (SABC) r RCL 91-92-02 VAR 1"x27 m l ` RCL 66-67-14 (CUP 3500) 1 (SABC) ~ .~ 1 RCL 54-55-42 (CUP 3439) RCL 54-55-42 ~ CUP 2004-04045 (CUP 3064) T-CUP 2000-04228 O ~ ~ T-CUP INDUSTRIAL CUP 3590 -~ ~cnecl 2003-04802 BUILDING CUP 3493 R`c 'n-71-56 I (SABC) CUP 3407 y :3]66 RCL 54.55-02 VAR 4210 FQ 4LERSHIP SMALL IND. RELIGIOUS o I (SABC) FIRMS ORGANIZATION RCL 66-67-14 3 0 RCL 55-56-19 54 55 42 ~ D RCL - - CUP 2003-04602 T ~ - VAR 1627 _ ~ INDUSTRIAL BUILDING n C) ~ 37 m O ~ ~ G U p UK H z ti ~ P C-G (SABC) T-CUP 2001-04421 { d s t1 ) " RCL 2000.00023 T•CUP 2001-04345 RCL 54-55-42 . ~ w {Res of Int. to SABC T-CUP 2001-04303 CUP 1798 m a Q - 9 ) T-CUP 2001.04302 LCUP 2001-04300 R L B 2 e O 91 C 5 c z RCL 66-67-36 T•CUP 2001-04299 E RCL 60.61.113 T-CUP 2000-04230 I 60-61.14 T-CUP 2000-04205 . RCL 55-56-19 CUP 3952 LIQUO RCL 54.55-02 'CUP 3817 ; I STORE .'; CUP 2007.05250 CUP 3688 ~ '- FIR IND M ' T-CUP 2006-05089 CUP 3fi65 04785 CUP 3606 '~ T CUP 2003 . ALL SH PS S - - CUP 3545 ~ T-CUP 2002-04597 3 : RS-q- T-CUP 2002-04532 VAR' 162~ ~ ACLfiGfi7-36 I 43,000 CUP 2001-04439 pCN 97-11 ' RCL 60.61-113 56-57-92 { UP 289 ANAHEIM MARKETPLACE i ' . RCL 54-5542 CUP 29]6 CUP 253. C-G INDOOR SWAP MEET RCL 68-89-02 CUP 296] - I 66-6 RCL 666736 CUP 2672 RCL fiE I RCL 96-67-14 CUP 171 60-61 I RCL 6661-113 VAR 3910 - ~ ~ ' =' ~`"' CL fi0. BURGERS RCL SG56-19 VAR 1627 ~ : ~ ~< . RCL Sa RCL 545542 ~~~, RESTAURANT ~ ~ . i'~ 725 CERRITOS AVENUE c-G RCL 2000-00023 (Res of Int. l0 SABC Overlay Zone 1 VAR 4356 66.67-36 i 66-67.36 CUP 2005-04901 VAR 3148 60.61-113 VAR 19fi1 60-61-113 CUP 2002-04611 RCL 54-55-42 RCL 54-55-42 CUP 2002-04610 SCW 2006-00035 RCL 66-67-36 CUP 2003.04817 CUP 3738 SCW 2006-00033 RCL 60-61-113 RCL 66-67-36 RCL 6061.113 CUP 3350 CUP 2374 CUP 2003-04617 (CUP 1396) VAR 3148 cUP 1046 SM D SMALL IND. FVRMS FIRMS Conditional Use Permit No. 2007-05250 Subject Property Date: October 1, 2007 Scale: 1" = 200' Requested By: LEDERER -ANAHEIM LTD Q.S. No. 96 1440 South Anaheim Boulevard -Anaheim Indoor Marketplace 10383 nenairnaro: .lulu 2005 Conditional Use Permit No. 2007-05250 Requested By: LEDERER -ANAHEIM LTD 1440 South Anaheim Boulevard -Anaheim Indoor Marketplace Subject Properly Date: October 1, 2007 Scale: 1" = 200' Q.S. No. 96 10383 ITEM NO.7 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd Suite#162 Anaheim, CA 92605 Tel: (714) 765-5139 Fax: (774) 765-5280 www.anaheim.neC City. of Anaheim PLANNING DEPARTMENT DATE: OCTOBER 1, 2007 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT N0.2007-05250 LOCATION: 1440 South Anaheim Boulevard APPLICANT/PROPERTYOwNER: The applicant is Sang C. Han and the property owner is Lederer-Anaheim, Ltd. REQUEST: The applicant requests approval of a tattoo and piercing shop: RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a CEQA Categorical Exemption, Class 1. (b) By resolution; approve Conditional Use Permit No. 2007-05250. BACKGROUND: This 14.7-acre property is currently developed with the Anaheim Indoor Mazketplace; an indoor swap meet; and is zoned Commercial General (C-G). The General Plan designates this property and surrounding properties for General'. Commercial land uses. Properties to the west are designated for Medium and Low- Medium Density Residential land uses: PROPOSAL: The applicant proposes to establish a tattoo and piercing shop within the Anaheim Indoor Mazketplace. The proposed space is 400 squaze feet, i5 surrounded by walls with glass window openings and includes a sink and counter area. The business would be open during the same hours as the indoor marketplace. ' ANALYSIS: The project has been evaluated againsf applicable development standazds and is in compliance. Code permits tattoo and piercing pazlors in the GG zone subject to'approval of a conditional use permit: The intent of the requirement for a conditional use permit is to evaluate the proposed location and operation to ensure that it does note adversely impact surrounding land uses. Staff believes that since the business will be located within the mazketplace building, and all activities will be conducted indoors and not visible to public view, this is an appropriate location. While a negative stigma is associated with tattoo and piercing establishments; staff has not encountered problems with any of the existing businesses currently in operation in the City. Tattoo pazlors are also regulated by the Orange County Health Department. Staff contacted the Medical Waste and Body Art Program representative with the Health Department who indicated that he did not have concerns with this business operating within the Anaheim Mazketplace. Annual inspections aze conducted by the Health Deparhment to ensure that the business operates in a sterile environment and in compliance. with County regulations. A peimanent makeup business, also regulated by the Health Department, currently exists within the Anaheim Indoor Mazketplace and operates without violation. Respectfully submitted, Concurred by, ~~r~ f~,./1i~~<v ~ .. (~~ Acting Principal Planner Planning Director [DRAFT] RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05250 BE GRANTED (1440 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON IN SANTA ANA, MORE PARTICULARLY DESCRIBED BELOW. DESCRIPTION: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN. ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY LINE OF A b0 FOOT STATE HIGHWAY, AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 258 PAGE 66 OF DEEDS, WITH THE NORTHERLY RIGHT OF WAY LINE, OF CERRITOS AVENUE 40.00 FEET IN WIDTH, SAID POINT BEING ON A CURVE IN SAID NORTHEASTERLY.TIGHT OF WAY LINE CONCAVE SOUTHWESTERLY HAVING A RADNS OF 630.00 FEET, A RADIAL LINE THOROUGH SAID POINT BEARS NORTH 82°.54'41" EAST THENCE NORTHERLY ALONG: SAID CURVE THROUGH A CENTRAL ANGLE, OF 4°37' 14' A DISTANCE OF 50.81 FEET, THENCE NORTH 6°55'00" WEST ALONG THE WESTERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APRII.33, 1929 IN BOOK 257 PAGE 462 OF OFFICIAL RECORDS TO THE SOUTHWEST CORNER OF TRACT 3313 AS SHOWN ON A MAP RECORDED IN BOOK 107 PAGES 34 TO 37 INCLUSNE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, THENCE NORTH 89°56'51 EAST 1161.91 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3313 TO THE WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, AS DESCRIBED IN A DEED RECORDED AUGUST 18 1899. IN BOOK 44 PAGE 226 OF DEEDS, THENCE SOUTH 15°25'43" EAST 78.88 Cr\PC2007-0 -1- PC2007- FEET ALONG SAID WESTERLY LINE TO THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID _, SECTION 23, THENCE SOUTH 09° 10' 18" EAST 640.48 FEET ALONG SAID WESTERLY LINE, TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER TO SAID SECTION 23, THENCE WEST ALONG SAID SOUTHERLY LINE TO THE NORTH WESTERLY RIGHT OF WAY LINE OF SAID 60.00 FOOT STATE HIGHWAY., THENCE NORTHERLY ALONG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE WEST 144.51 FEET OF SAID LAND. ALSO EXCEPT THEREFROM ALL THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE WHICH IS PARALLEL WITH THE :SOUTHERLY LINE OF THE NORTHWEST QUARTER OF .SAID SECTION 23 CENTER LINE OF CERRITOS STREET AND DISTANT NORTH 220.00 FEET MEASURED AT RIGHT ANGLES FROM SAID SOUTHERLY LINE AND THE EASTERLY LINE OF THE LAND DESCRIBED iN A DEED TO THE STATE OF CALIFORNIA RECORDED APRIL, 23, 1929 IN BOOK 237 PAGE 462 OF OFFICIAL RECORDS EASTERLY LINE OF LOS ANGELES STREET, THENCE SOUTH 6°55'00" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 250.99 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADNS OF 830:00 FEET SAID POINT BEING IN THE NORTHEASTERLY RIGHT OF WAY LINE OS A 60.00 FOOT STATE HIGHWAY AS DESCRIBED IN A DEED RECORDED JULY 28, 1914 IN BOOK 258 PAGE 66 OF DEEDS RADIAL LINE THROUGH SAID POINT BEARS NORTH 78°17'27" EAST THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 6°26'59" AND AN ARC DISTANCE OF 70.92 FEET. TO A POINT IN THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 84°44'26" EAST THENCE EAST ALONG SAID . SOUTHERLY LINE A DISTANCE OF 221.36 FEET THENCE NORTH AND AS RIGHT ANGLES TO SAID SOUTHERLY LINE A DISTANCE OF 220.00 FEET THENCE WEST AND PARALLEL WITH SAID SOUTHERLY LINE A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 1, 2007, at 2:30 p.m., notice of said public bearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and _2_ PC2007- WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed tattoo and piercing parlor is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Personal Services -Restricted); and 2. That the proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the operation would be contained within the building and other existing tattoo and piercing parlors have adversely affected surrounding areas; and 3. That the traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate parking is provided on-site; and 4. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 5. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition ofCategorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Department mazked Exhibit Nos. 1 through 3, and as conditioned herein. General Conditions: That signs advertising subject business shall not displayed outside of the building. That timing for compliance with conditions of approval maybe amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with -3- PC2007- the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 4. That extensions for further time to complete conditions of approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal. 5. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 1, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _q_ PC2007- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 1, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007-