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ll ISSI
I ~I I
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 pubtic 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.
Resorts and Recommendations
inut s
ITEM NO. 1A
Receiving and approving the Minutes from the Planning
Commission Meeting of March 3, 2008. (Motion)
ITEM NO. 1 B
Receiving and approving the Minutes from the Planning
Commission Meeting of January 23, 2008. (Motion)
03/17/08
Page 2 of 9
ITEM NO. 1C
CEQA MITIGATED NEGATIVE DECLARATION
(PREVIOUSLY APPROVED) AND
TENTATIVE TRACT MAP NO. 17175
(TRACKING NO. SUB2008-00055)
Owner: The Vineyards Apartments, LLC
4901 Birch Street
Newport Beach, CA 92660
Applicant: Ron Cole
4901 Birch Street
Newport Beach, CA 92660
Location: 5601 East Orangethorpe Avenue: Property is
approximately 13.3-acres, having a frontage of
555 feet along the north side of Orangethorpe
Avenue and located 460 feet west of the
centerline of Imperial Highway.
Request for review of final elevation plans .and colors and
materials for an attached residential condominium
conversion subdivision.
Project Planner:
skpehm@anaheim.net
03/17/08
Page 3 of 9
Public Hearing Items:
ITEM NO. 2
MITIGATED NEGATIVE DECLARATION MITIGATION
MONITORING PROGRAM NO. 154 AND
DEVELOPMENT AGREEMENT NO. 2007-00004
Owner: P A Poon & Son Inc.
16841 Marina Bay Drive
Huntington Beach, CA 92649
Applicant: West Millenium Homes
Derek Baak
1849 Sawtelle Boulevard #600
Los Angeles, CA 90025
Location: 2232 South Harbor Boulevard
(the vacant Toys R Us site): Property is
approximately 4.8 acres, having a frontage of 382
feet on the east side of Harbor Boulevard and
located 252 feet south of the centerline of Wlken
Way.
Request for approval of a Development Agreement between
the City of Anaheim and RP Harbor Properties A21, LLC and
P.A. Poon and Son, Inc. for a mixed use project consisting of
a 102-room hotel, with 14,714 square feet of accessory
commercial uses on the western 1.5-acre portion of the
project site adjacent to Harbor Boulevard, and a 191-unit, 3 to
5 story condominium complex, including nine live/work units,
on the eastern 3.3-acre portion of the project site.
Continued from the February 20, 2008 Planning Commission
Meeting.
Project Planner.•
dsee@anaheim.net
03/17/08
Page 4 of 9
ITEM NO. 3
CEQA CATEGORICAL EXEMPTION CLASS 1 AND
DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2008-00039
Owner: GardenWalk LLC.
Applicant: Bruce Sanborn
13 Corporate Plaza
Newport Beach, CA 92660
Location: 321 West Katella Avenue: Property is
approximately 19.3 acres generally located at the
northwest corner of Katella Avenue and
Clementine Street, having approximate frontages
of 728 feet on the north side of Katella Avenue,
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) and 800 feet on the south
side of Disney Way.
Request for Determination of Public Convenience or
Necessity to .permit on-premises sales and consumption of
beer and wine within amulti-plex movie theater (Cinemapolis
at Anaheim Gardenwa'Ik).
Environmental Determination and Determination of
Public Convenience or Necessity Resolution No.
Project Planner:
dherrick@anaheim. net
03/17/08
Page 5 of 9
ITEM NO. 4
CEQA NEGATIVE DECLARATION
LREVIOUSLY-APPROVED) AND
CONDITIONAL USE PERMIT NO. 2008-05295
Owner: Michael R. A. Bagguley
Applicant: Bruce Evans
426 Culver Boulevard
Los Angeles, CA 90293
Location:: 3020 West Lincoln Avenue: Property is located
at the southwest corner of Beach Boulevard and
Lincoln Avenue, having a frontage of 268 feet on
the south side of Lincoln Avenue and 255 feet on
the west side of Beach Boulevard {7-11 Market).
Request to permit the sales of beer and wine in an existing Project Ptanner:
convenience market for off-premises consumption. dgentry@ananeim.net
Environmental Determination and Conditional Use Permit
Resolution No.
ITEM NO. 5
CEQA CATEGORICAL EXEMPTION. CLASS 1 AND
CONDITIONAL USE PERMIT NO. 2008-05296
Owner: Dong Soon Park
715 South Webster Avenue #17
Anaheim, CA 92804
Applicant: James Barkley
1523 West Katella Avenue #106
Anaheim, CA 92802
Location: 1523 West Katella Avenue: Property is
approximately 0.88-acre, located at the northeast
corner of Bayless Street and Katella Avenue,
having approximate frontages of 125 feet on the
east side of Bayless Street and 252 feet on the
' north side of Katella Avenue.
Request to permit a tattoo parlor within an existing retail Project Ptanner:
Center. dgentry@ anaheim. net
Environmental Determination and Conditional Use Permit
Resolution No.
03/17/08
Page 6 of 9
Adjourn To Monday, fVlarch 31, 2008 at 1:00 P.M. for
Preliminary Plan Review.
03/17/08
Page 7 of 9
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
2:00 p.m. March 13. 2008
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COON I (SPLAY KIOSK
SIGNED:
if you challenge any one of these City of Anaheim decisions in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in a written correspondence delivered to the Planning
Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits 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.
03/17/08
Page 8 of 9
SCHEDULE
2008
March 3
April 14
April 28
May 12
May 28 (Wed)
June 9
June 23
July 7
July 21
August 4
August l8
September 3 (Wed)
September 15
September 29
October 13
October 27
November 10
November 24
December 8
December 22 (Cancelled)
03/17/08
Page 9 of 9
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March t7, 2008
Subject Property
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Development Agreement No. 2007-00004
2232 South Harbor Boulevard
CUTTY WAY
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March 17, 2008
Subject Property
Development Agreement No. 2007-00004
2232 South Harbor Boulevard
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03/12/2008 03:45 FAX
V GROUP Publir, Affairs • Land Use • Law
March 12, 2008
Anaheim Planning Commission
C/o Anaheim Planning Department
200 South Anaheim Boulevard, 1st Floor
Anaheim, CA 92805
[j 001
Subject: General Plan Amendment No. 2007.00462 and Related Entitlements (2230 South
Harbor Boulevard)
Dear Commissioners:
Sheldon Group represents the applicant regarding the above - referenced project and regrettably,
requests that our application be withdrawn from consideration. Although we believe the project
would have been a positive addition to the Anaheim Resort, timing issues do not allow us to
move forward at this time.
We appreciate all of the time and effort that you and city staff have put forth throughout the
process. We hope to bring you another exciting project for the site in the future.
Should you have any questions regarding this hatter, please feel free to call me at (849) 777-
9400_ You may also email me at greg @sheldongrp.com.
cc: RP Harbor Properties 21, LLC
David See, Senior Planner, City of Anaheim
Item No. 3
SOUTHERN CALIFORNIA EDISON CO EASEMENT
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March 17, 2008
•~~ Subject Property
Public Convenience or Necessity No
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Subject Property
Pub9ic Convenience or iVecessity iVa. 2008-00039
321 West Katella Avenue Unit 337
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reec Julv 2006
~DRAFT~ aTTACxMErrT N®. 1
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15303,
CLASS 1 (EXISTING FACILITIES) AND
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO.2008-00039
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 a movie theater within the Anaheim Gazdenwalk
on certain real property situated in the City of Anaheim, County of Orange, State of California,
shown on Exhibit A, attached hereto and incorporated herein by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on Mazch 17, 2008, notice of said public heazing 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 heaz 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:
- 1 - PC2008-***
1. That the Disneyland Resort Specific Plan No. 92-2, Anaheim GazdenWalk
Overlay permits the sale of alcoholic beverages for on-premises consumption within a movie
theater integrated within the Anaheim GazdenWalk project and the intent of the Code is to
provide such sales as a convenience for visitors.
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. 407$, 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 2025, which has a crime rate
of 193 percent above the City average and is also located in Census tract 875.01 which permits 7
on-sale licenses and currently there aze 33 licenses existing.
5. That there aze no schools or residential uses adjacent to the subject site.
6. That there are licenses for on-premises sale and consumption immediately
adjacent to the site; however, those licenses aze for restaurants and one nightclub. 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 azea.
7. That the Determination of Public Convenience or Necessity can be made based on
the finding that the license requested is consistent with the Panning 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,
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class I (Existing Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepaze additional environmental
documentation.
- 2 - PC2008-***
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 conditions found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health and safety of the Cifizens of the City of Anaheim:
Ytesponsible
C®A Conditions of Approval for
IVlonitorin
TPI11IiVG: PRIOR Tt~~'INAL`BUILDINGf91VDZ®IYI.NGINSPEGTd®N,S..
COA 1 The subject property shall be developed substanflally in Planning
accordance with the plans and specifications submitted to the
City of Anaheim by the applicant and which plans aze on file
with the Planning Department and labeled Exhibit No. 1 and as
conditioned herein.
AIMING: GENERf1L CO~TA$T,101-75 ;'~. a . ... ° '_ ; .:
COA 2 Security measures shall be provided to the satisfaction of the Police
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.
COA 3 No one under the age of 21 shall be allowed to enter the over 21 Police
only section of the premises as idenfified on Exhibit No. 1 on file
with the Planning Department.
COA 4 The business shall not employ or permit any persons to solicit or Police
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 Control Act).
COA 5 There shall be no requirement to purchase a minimum number Police
of drinks.
COA 6 Alcoholic beverages cannot be included in the price of admission. Police
COA 7 There shall be no live entertainment, amplified music or dancing Police
permitted on the premises at any time without issuance of proper
permits as required by the Anaheim Municipal Code..
COA 8 Sales, service and consumption of alcoholic beverages shall be Police
permitted in the over 21 section only.
- 3 - PC2008-***
Responsible
COA Conditions of Approval for...
Monitorin
COA 9 No "happy hour" type of reduced price alcoholic beverage Police
promotion shall be allowed.
COA 10 The sale of alcoholic beverages for consumption off the Police
premises is strictly prohibited.
COA 11 No person under the age of 21 shall sell or deliver alcoholic Police
beverages.
COA 12 ' Alcohol is to be served in plastic cups or containers only. No Police
glass shall be permitted in the theatre.
COA 13 A maximum of two drinks per person may be sold at one time. Police
COA 14 Identification of every adult must be checked at the Guest Police
Relations Booth.
COA 15 Door activation light must be installed on emergency exit theatre Police
doors 105, 106, and 107 so they can be monitored at the Guest
Relation Booth.
COA 16 A device pre-approved by the Police Department must be Police
installed to prevent under-age theatre goers from entering the 21
and over section of the theatre. An adult employee shall be
stationed at the same location as the device.
COA 17 Interior signage shall be provided to the satisfaction of the Police
Police Department to indicate that no alcohol is permitted
outside of the over 21 section.
COA 18 The property shall be permanently maintained in an orderly Planning
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.
COA 19 The timing for compliance with conditions of approval may be Planning
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.
- 4 - PC2008-* **
COA
Conditions of Approval Responsible
for
Monitorin
COA 20 Extensions for further time to complete conditions of approval Planning
may be granted in accordance with Section 18:60.170 of the
Anaheim Municipal Code.
COA 21 Approval of this application constitutes approval of the Planning
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.
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 declazed 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 chazges
related to the processing of this discretionary case application within 15 days of the issuance of the
fmal invoice for this project. 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 March 17, 2008. 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
- 5 - PC2008-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Plamung Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on Mazch 17, 2008, 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
.2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 6 - PC2008 ***
DISNEY WAY
KATELLA AVENUE
o so iaa
rer.
Subject Property
Public Convenience or Necessity No.
2008-00039
321 West Katella Avenue
Source: Recorded TreC Maps and/or Ciry GIS.
Please note the accuracy is +(- five feat
104931
ATTACHMENT NO. 2
BY
(Planning Department, Staff Signature)
APPLICANT'S STATEMENT OF JUSTIFICATION FOR
PUBLIC CONVENIENCE OR NECESSITY
The Ciry Council has established procedures fior the determination.of Public Convenience or Necessity and has
delegated the responsibility for making such determinations to the Anaheim Planning Commission. In order to
assist the Planning Commission in its deliberations as to whether the public convenience or necessity would be
served by permitting' an.additional alcohol establishment within an area cohtaining an over concentration of
licenses and/or high crime rate, please answer the following questions.
What is the primary purpose of your business? Is the sale of alcohol an essential part of the primary
purpose of the business? Please explain.
2.
provide alcohol service? If so; how would the public convenience•or necessity be served by
additional license within the census tract?
~~
3. Is there a residential neighborhood or school adjacent to the property forwhich you are requesting a public
convenience or necessity determination? If so, please explain how permitting an additional license would
not disproportionately impact an adjacent residential neighborhood or school.
4. What percentage of your business do you anticipate will be alcohol sales?
i ~ -,~ s
5. Does your business cater to a specific need or specialty which is not currently available in the area?
Please explain. _ , :~
6. Are you proposing any specific operational measures to eliminate or limit any
consequences from the sale of alcoholic beverages? Please explain.
7. What type of license are you requesting from ABC? Is it an existing license? ~ .
Application for daermination of PCN.doc
revised 7/li/Oi
ATTACHMENT NO. 3
To whom it may concern:
The 14-screen cinema at the GazdenWalk is designed to be two separate theatres within
one cinema space-a mainstream, typical multiplex and a separate "over 21" section of
auditoriums with its own lobby. It is in this unique, sepazate lobby that we hope to offer;
in addition to typical cinema concessions, beer and ~dne at the upscale concession bar
which serves these special auditoriums. The auditoriums themselves are unique in that
they aze much smaller with upscale chairs, some of which aze identified with numbers so
that the actual seat may be reserved in advance. The lobby will resemble that of a hotel
lobby with old fashioned, classic music such as Sinatra, Perry Como, or Andy Williams,
etc. (much different than the mainstream lobby on the other side of the cinema). The
offering of beer and wine will validate the mood, or atmosphere, of this space. We hope
pahons will enjoy a completely unique experience, an experience of relaxation away
from kids while enjoying a movie. The snack bar in this area is not intended to be a bar
(there are no bazstools). It is simply an upscale theatre concession bar with a seating area
to relax in before it is time to enter the auditorium. We do not expect to use glasses, but
rather an unbreakable, disposable glass, or cup. To get to this secluded azea, the patron
must have purchased a ticket for one of the auditoriums attached to this lobby. Again,
this is for the moviegoer, not a loitering place. Sales expectations aze only 1% to 5% for
the beer and wine. We also hope to appeal to businesses, civic groups, etc. to hold
functions here or actually rent out an entire auditorium for an event.
PCN2008-00039
PC MEETING DATE: 03!17108
FILE COPY
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Vicki Harris- Walker
Marriage and Family Therapist
MN22244
March. 10, 2008
Kelly .Buffa, Chairperson
Anaheim Planning Commission
Anaheim City }Mall
200 S. Anaheim Blvd.
Anaheim, CA 92805
Dear Chairperson Buffa:
It has come to my attention that the serving of alcoholic beverages at the GardenWalk Cinema is under consideration by
the City of Anaheim. As a frequent visitor to Anaheim, I am opposed to giving permission. to anyone to serve beer, wine
and/or other alcoholic beverages in the theater.
The theater is clearly a family and youth oriented venue. Serving alcohol in theaters exposes underage youth to images
that model to minors the glamour of using alcohol. Minors who drink create major problems and underage drinking is a
collective responsibility.
Research clearly indicates that, in addition. to parents and peers, alcohol advertising and marketing have a significant
impact on youth decisions to drink. Orange County alcohol, tobacco and other drug results are provided by the California
Healthy Kids Survey (CHI{S). This survey is administered to students in grades 5, 7, 9, and 11 every two years. The
2005 -07 data showed high risk drinking behavior among Anaheim Union High School students. fast 30 day use of
alcohol was 14% for 7th, 22% for 9 "' and 30% for 11' grade students. Students reported binge drinking (drinking 5 or
more drinks in a two hour period) at 5% for 7` 11 % for 9t1', and 16% for I I "' grade students. Every school district
publishes results and shares data. See http:/ /w s /sea /ehksa ?x-]a out _r e�sorts
Anaheim has no shortage of alcohol outlets and has many more than the City of Santa Ana. The City of Anaheim does
not need another alcohol. outlet. When the public health. is overwhelmed by commercial interests that minimize the City's
and alcohol industry's responsibility, communities are forced to deal with the problems alcohol leaves behind.
I urge you to think independently and stop alcohol service in cinemas. As a resident of Orange County, I do not want
Garden Walk cinema to be a major problem.
I am available to discuss any of the aforementioned comments and can be reached at 714.308.1508 or by e -mail at
vwa1lke r714a,,a mail.com
Sincerely,
Vicki Walker, M..FT
3721 S. Ross Street
Santa Ana, Ca 92707
c: Joseph Karaki
Peter Agarwal
Gail Eastman
Stephen Faessel
Panky Romero
Pat Velasquez
3721 S. doss Street, Santa Ana, CA 92707 -- n4.308.15 08
Petition tc Anaheim City Council and Planners
Public Opposed to Alcohol ,Service in Movie Theaters
a: ■
A Disneyland -area movie theater could become the first in Orange County to serve
alcohol. The Movie Experience has a lease to open a 14- screen cinema in the Anaheim
GardenWalk, an outdoor mall that is under construction and due to open in May near
Disneyland. If approved, the theater would sell beer and wine.
GardenWalk is a 30 -acre retail, entertainment, and hospitality complex being built next
to Disneyland in Anaheim, Calif. The GardenWalk cinema would set aside a special lobby
and auditoriums for the "over 21" crowd, according to the city application. The lobby,
designed like a hotel reception with Andy Williams and f=rank Sinatra music, would have
an upscale snack bar with beer and wine. The theaters would have reserved seats.
The company is applying for a liquor license and has submitted a city application for
permission to sell alcohol at the venue. The Planning Commission is set to consider the
matter on March 17, 2008, 2:30 p.m. at Anaheim City Hall, Council Chambers. At this
meeting the public can speak about their concerns.
March 5, 2008
I am opposed to alcohol service in movie theaters
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Petition to Anaheim City Council and Planners
Public Opposed to Alcohol Service in Movie Theaters
A Disneyland -area movie theater could become the first in Orange County to serve
alcohol. The Movie Experience has a lease to open a 14- screen cinema in the Anaheim
Garden Walk, an outdoor mall that is under construction and due to open in May near
Disneyland. If approved, the theater would, sell beer and wine.
Garden Walk is a 30 -acre retail, entertainment, and hospitality complex being built next
to Disneyland in Anaheim, Calif. The Garden Walk cinema would set aside a special lobby
and auditoriums for the "over 21" crowd, according to the city application. The lobby,
designed like a hotel reception with Andy Williams and Frank Sinatra music, would have
an upscale snack bar with beer and wine. The theaters would have reserved seats.
The company is applying for a liquor license and has submitted a city application for
permission to sell alcohol at the venue. The Planning Commission is set to consider the
matter on March 17, 2008, 2:30 p.m. at Anaheim City Hall, Council Chambers. At this
meeting the public can speak about their concerns.
March 5, 2008
I am opposed to alcohol service in movie theaters
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Petition to Anaheim City Council and Planners
Public Opposed to Alcohol Service in Movie Theaters
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RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, CLASS 1(EXISTING FACILITI)S)
AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05295
(3020 WEST LINCOLN AVENUE)
WHEREAS, on March 17, 2005, the Anaheim Planning Commission adopted
Resolution No. PC2005-34 in connection with Conditional Use Permit No. 2008-05295 to permit a
2,520 squaze foot convenience mazket with off-premises beer and wine sales at an existing retail center
located at 3020 W. Lincoln Avenue; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a
Conditional Use Permit to permit sales of beer and wine at an existing convenience mazket for off-
premises consumption for certain real property situated in the City of Anaheim, County of Orange,
State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference.
WHEREAS, this property is currently developed with a multiple tenant retail center
within the West Anaheim Commercial Corridor Overlay zoning and the Anaheim General Plan
designates this property for General Commercial land uses; and
WHEREAS, the applicant has requested to retain apreviously-approved convenience
mazket with off-premises beer and wine pursuant to Code Section 18.60 of the Anaheim Municipal
Code; and
WHEREAS, the Planning Commission did hold a public heazing at the Civic Center in
the City of Anaheim on Mazch 17, 2008, at 2:30 p.m., notice of said public heazing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.60 "Procedures", to heaz and consider evidence for and against said proposed request and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the proposed project falls within the definition of Categorical Exemptions,
Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore,
exempt from the requirement to prepaze additional environmental documentation.
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reporks offered at said hearing,
does find and determine the following facts:
1. That the proposed request to permit off-premises beer and wine sales is properly one for
which a conditional use permit is authorized under Code Section 18.08.030.040 of the Anaheim
Municipal Code; and
2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and
the growth and development of the azea in which it is located because the sale of beer and wine is
ancillary to the overall product mix provided by the convenience market. Moreover, the Police
Department indicates no specific concerns related to off-premises beer and wine sales and operation of
this business, subject to compliance with conditions of approval.
-I- PC2008-***
3. That the size and shape of the site far the continued use of the property as a
convenience mazket with off-premises beer and wine sales is adequate to allow the use in a manner not
detrimental to either the particulaz azea or health and safety as the sale of beer and wine is ancillary to
the existing convenience mazket.
4. That the traffic generated by the continued use of the property as a convenience mazket
with off-premises beer and wine sales will not impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the azea and;
5. That the 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 as the sale of beer and wine
is ancillary to the existing convenience mazket, the Police Department indicates no specific concerns
related to off-premises beer and wine sales and operation of this business, subject to the conditions of
approval.
6. That *** indicated their presence at said public hearing in opposition; and that ***
correspondence was received in opposition to the subject petition.
NOW, TIlEREFORE, BE I"I' RESOLVED that the Anaheim Planning Commission for
the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-005295 to
pernut off-premises sales of beer and wine within an existing 2,520 squaze foot convenience market
upon the following conditions which aze hereby found to be a necessary prerequisite to the proposed
use of the subject property in order to preserve the safety and general welfaze of the Citizens of the
City of Anaheim:
Responsible for
COA Conditions of Approval Mon
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COA 1 That there shall be no exterior advertising or sign of any kind Police
or type, including advertising duected to the exterior from
within, promoflng 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.
GOA 2 That there shall be no display of beer and wine located Police
outside of the building or within five (5) feet of any public
entrance to the building.
COA 3 That the azea of beer and wine displays shall not exceed 25% ' Police
of the total display azea in the building. Said information
shall be specifically shown on plans submitted for building
permits.
-2- PC2008 ***
Responsible fore
COA Conditions of Approval Monitoring
COA 4 That the sale of beer and wine shall be made to customers Police
only when the customer is in the building.
COA 5 That beer and malt beverages shall not be sold in packages Police
containing less than a six (6) pack, and that wine coolers
shall not be sold in packages containing less than a four (4)
pack.
COA 6 That the possession of beer and wine in open containers and Police
the consumption of beer and wine aze prohibited on or
azound the premises.
COA 7 That the pazking lot serving the premises shall maintain Police
adequate lighting of sufficient power to illuminate and make
easily discernible the appeazance and conduct of all persons
on or about the pazking lot.
COA 8 That there shall be no amusement machines, video game Code
devices, or pool tables maintained within or under control of Enforcement
the convenience mazket operator at any time.
COA 9 That there shall be no public telephones on the property that Code
aze located outside the building and within the control of the Enforcement
applicant.
COA 10 That the gross sales of beer and wine shall not exceed 35% Police
of all retail sales during any three (3) month period. The
applicant shall maintain records on a quarterly basis
indicating the sepazate amounts of safes of beer and wine and
other items. These records shall be made available for
inspection by any City of Anaheim official when requested.
COA 11 That the property shall be maintained in an orderly fashion Code
by providing regulaz landscape maintenance, removal of Enforcement
trash or debris, and removal of graffiti within twenty-four
(24) hours from time of occurrence.
COA 12 That no wine shall be sold in bottles or containers smaller Police
than 750 ml.
COA 13 'That no person under eighteen (18) years of age shall sell Police
beer and wine and no person between eighteen (18) and
twenty (20) shall be permitted to sell any beer or wine unless
a supervisortwenty-one (21) yeazs or older is on site.
-3- PC2008-***
Responsible for
COA Conditions of Approval Monitoring
COA 14 That all exterior doors shall have their own light source, Police/Building
which shall adequately illuminate door areas at all hours to
make cleazly visible the presence of any person on or about
the premises and provide adequate illumination for persons
exiting the building at all times.
COA ] 5 That the applicant shall maintain on file an Emergency Police
Listing Card, Form APD-281, with the Police Department.
COA 16 Applicant/operator shall maintain trash and storage areas as Public Works
approved by Public Works Department, .Streets and
.Sanitation Division.
COA 17 ' That all trash generated from this mazket shall be properly Code
contained in trash bins contained within approved trash Enforcement
enclosures. The number of bins shall be adequate in number
and bin size for trash collection. Trash collection pick-up
shall be as frequent as necessary to ensure the sanitary
handling and timely removed of refuse from the property.
The Code Enforcement Division of the Planning Department
shall determine the need for additional bins or additional
pick-up. All costs for increasing the number of bins or
frequency of pick-up shall be paid for by the business owner.
COA 18 That no outdoor storage, display or sales of any merchandise Code
or fixtures shall be permitted outside the building. Enforcement
COA 19 That the applicant shall retain an alcoholic beverage sales Police
employee training program and continually train new
employees as appropriate to ensure responsible sales of beer
and wine to the public, and to prevent illegal sales to minors.
Said program shall be subject to review and approval by the
Anaheim Police Department.
COA 20 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans aze on file
with the Planning Department mazked Exhibits Nos. 1
through 5, and as conditioned herein.
COA 21 That the applicant shall submit a security plan to the Police Police
Department, Community Services Division for review and
approval. Said plan shall propose additional .security
measures to the satisfaction of the Police Department.
-4- PC2008-***
COA
Conditions of Approval Responsible for
Monitoring-
COA 22 That approval of this application constitutes approval of the Planning
proposed request only to the extent that is complies with the
Anaheim Municipal Zoning Gode 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.
COA 23 Approval of this application constitutes approval of the Flanning
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 declazed 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. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of Mazch 17, 2008. 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
-5- PC2008-***
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 Mazch 17, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
1N WITNESS WHEREOF, I have hereunto set my hand this day of
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-6- PC2008-***
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ATTACHMENT NO. 2
RESOLUTION NO. PC2005-34
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-04957 BE GRANTED
(3020 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:
THAT THE EAST HALF OF THE NORTH 5.00 ACRES OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, LN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY LYING NORTHERLY AND NORTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE:
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF
PARCEL 2 OF DEED TO THE STATE OF CALIFORNIA FILED AUGUST 27, 1951 AS
DOCUMENT NO. 23960, CERTIFICATE OF TITLE NO. 14610, ON FILE IN THE OFFICE OF
THE REGISTRAR OF LAND TITLES OF SAID ORANGE COUNTY, CALIFORNIA AND THE
NORTHERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN PARCELS 1 AND 3 OF SAID
DEED TO THE STATE OF CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 7, 2005, at 2:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18:60
"Procedures', to hear and consider evidence for and against said proposed 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 convenience market with accessory retail sales of beer and wine for off-
premises consumption is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Sectipn 18.08.030.040.0402; and
2. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the sale of beer and wine is ancillary
to the overall product mix provided by the convenience market. Moreover, the operator adheres to strict
employee training policies and therefore, the accessory sale of beer and wine, as proposed and approved,
will not have a negative impact on the surrounding area;
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the health and
safety as the proposed convenience market would comply with all provisions of the Zoning Code and would
not require any waivers for development; and
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
Cr\PC2005-034 -1- PC2005-34
5. That the 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 because the sale of beer and wine
is ancillary to the overall produce mix provided by the convenience market and the property is located at-thee
intersection of two major arterials within the City and has no direct vehicle or pedestrian access to the
adjacent mobile home park or any residential area; and
6. That a person representing West Anaheim Neighborhood Development (WAND) spoke in
support but relayed some concerns regarding the subject request; 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 establish a convenience market with the retail sales of beer and
wine for off-premises consumption in conjunction with a commercial retail center; 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 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:
1. That the sales of beer and wine for off-premises consumption portion of this permit shall expire two (2)
years from the date of this resolution on March 7, 2007.
2. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of
alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this
condition.
3. That there shall be no display of beer and wine located outside of the building or within five (5) feet of
any public entrance to the building.
4. That the area of beer and wine displays shall not exceed 25% of the total display area in the building.
Said information shall be specifically shown on plans submitted for building permits.
5. That the sale of beer and wine shall be made to customers only when the customer is in the building.
6. That beer and malt beverages shall not be sold in packages containing less than a six (5) pack, and that
wine coolers shall not be sold in packages containing less than a four (4) pack.
7. That the possession of beer and wine in open containers and the consumption of beer and wine are
prohibited on or around the premises:
8. 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.
Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring
residences. Additional lighting shall be installed on the west side of the building and shall be submitted
to the Police Department Community Services Division for review and approval and shall be specifically
shown on plans submitted for building permits.
9. That there shall be no amusement machines, video game devices, or pool tables maintained within or
under control of the convenience market operator at any time.
-2- PC2005-34
10. That there shall be no public telephones on the property that are located outside the building and within
the control of the applicant.
11. That the gross sales of beer and wine shall not exceed 35% of all retail sales during any three (3) month
period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of
sales of beer and wine and other items. These records shall be made available for inspection by any
City of Anaheim official when requested. -
12. That the property shall be maintained in an orderly fashion by providing regular landscape maintenance,
removal of trash or debris, and removal of graffiti within twenty-four {24) hours from time of occurrence.
13. That there shall be no beer or wine consumed on the premises.
14. That no wine shall be sold in bottles or containers smaller than 750 mI.
15. That no person under eighteen (18) years of age shall sell or be permitted to sell any beer or wine unless
a supervisor twenty-one (21) years or older is on site.
16. That four (4) foot high rooftop address numbers shall be painted on the roof in a contrasting color to the
rooftop material and shall not visible from ground level. Said information shall be specifically shown on
plans submitted for building permits.
17. That all exterior doors shall have their own light source, which shall adequately illuminate door areas at
all hours to make clearly visible the presence of any person on or about the premises and provide
adequate illumination for persons exiting the building. Said information shall be specifically shown on
plans submitted for building permits.
18. That the applicant shall complete and file an Emergency Listing Card, Form APD-281, with the Police
Department.
19. That final elevation and sign plans for this unit shall be submitted to the Planning Services Division for
review and approval. Any decision by City staff may be appealed to the Planning Commission as a
"Reports and Recommendations" item.
20. That final landscape plans shall be submitted to the Planning Services Division for review and approval
for the additional planters on the north and west elevations (facing Lincoln Avenue) of the building. The
north elevation may consist of potted plants or other acceptable solution agreed upon by the applicant
and the Planning Services Division. Any decision made by staff regarding said final landscape plans
may be appealed to the Planning Commission as a "Reports and Recommendations" item.
21. That the trash and storage areas shall be refurbished (including painting the gates) to comply with
approved plans on file with the Public Works Department, Streets and Sanitation Division.
22. That all trash generated from this market shall be properly contained in trash bins contained within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be a
frequent as necessary to ensure the sanitary handling and timely removed of refuse from the property.
The Code Enforcement Division of the Planning Department shall determine the need for additional bins
or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for
by the business owner.
23. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted outside the
building.
24. That the applicant shall institute an employee training program and continually train employees as
appropriate to ensure responsible sales of beer and wine to the public and to prevent illegal sales to
minors. Said program shall be subject to review and approval by the Anaheim Police Department.
-3- PC2005-34
25. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibits Nos. 1 through 5, and as conditioned herein.
26. That the property owner shall submit a letter requesting termination of Conditional Use Permit 2002-
04645 (to permit and retain a computer rental and Internet amusement (arcade) business) and
Conditional Use Permit No. 3650 (to permit the installation of automotive accessories in conjunction with
a proposed retail establishment) to the Zoning .Division.
27. That the applicant shall submit a security plan to the Police Department, Community Services Division
far review and approval. Said plan shall propose additional security measures to the satisfaction of the
Police Department.
28. That prior issuance to a building permit, or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 4, 8, 16, 17, 19, 20, 26 and 27, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
29. That prior to final building and zoning inspections, Condition No. 18, 21, 24 and 25, above-mentioned,
shall be complied with.
30. That approval of this application constitutes approval of the proposed request only to the extent that is
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 competentjurisdiction, then this Resolution,
and .any approvals herein contained, shall be deemed null and void.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 7 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
March 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2005-34
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 March 7, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO, VELASOUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-5- PC2005-34
:RESOLUTION NO. PC2005-35
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00018
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
(3020 WEST LINCOLN 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 beer and wine for off-premises
consumption within a proposed convenience market on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
THAT THE EAST HALF OF THE NORTH 5.00 ACRES OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP
4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY LYING NORTHERLY AND NORTHEASTERLY
OF THE FOLLOWING DESCRIBED LINE:
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE
OF PARCEL 2 OF DEED TO THE STATE OF CALIFORNIA FILED AUGUST 27, 1951 AS
DOCUMENT NO. 23960, CERTIFICATE OF TITLE NO. 14610, ON FILE IN THE OFFICE OF
THE REGISTRAR OF tAND TITLES OF SAID ORANGE COUNTY, CALIFORNIA AND THE
NORTHERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN PARCELS 1 AND 3 OF SAID
DEED TO THE STATE OF CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 7, 2005, at 2:00 p.m., 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:
1. That the applicant demonstrated that the sale of beer and wine would be a very
minor portion of the proposed business retail sales; and that the conditions of approval limit the gross
sales of beer and wine to 35% of the all retail sales within any three (3) month period.
Cr\PC2005-035 -1- PC2005-35
2. That the accessory sale of beer and wine, as proposed and as approved, will not
have a negative impact on the surrounding area due to its location adjacent to two arterial highways with
no direct access to a residential neighborhood; and that although the property is located in a crime - --
reporting district with a crime rate of 129% above the City-wide average, only 11 calls for service were
reported for this property within the past year.
3. That the public convenience or necessity will be served because the applicant would
provide a convenience to potential customers traveling on eastbound Lincoln Avenue and southbound
Beach Boulevard and would facilitate access to small sundry items, refreshments, and a variety of
personal services (ATM, Photocopying) in .addition to the sales of beer and wine.
4. That a person representing West Anaheim Neighborhood Development (WAND)
spoke in support but relayed some concerns regarding the subject request; 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 permit sales of beer and wine for off-premises consumption
within a proposed convenience market 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 Planning Commission does hereby determine
that the public convenience or necessity will be served by the issuance of a license far sales of beer and
wine for off-premises consumption within a proposed convenience market, at this location.
1. That the sales of beer and wine for off-premises consumption shall expire two (2) years from the
date of this resolution on March 7, 2007.
2. That 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 are clearly visible to the exterior shall constitute
a violation of this condition.
3. That there shall be no display of beer and wine located outside of a building or within five (5) feet
of any public entrance to the building.
4. That the area of beer and wine displays shall not exceed 25% of the total display area in a
building. Said information shall be specifically shown on plans submitted for building permits.
5. That the sale of beer and wine shall be made to customers only when the customer is in the
building.
6. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack,
and that wine coolers shall not be sold in packages containing less than a four (4) pack.
7. That the possession of beer and wine in open containers and the consumption of beer and wine
are prohibited on or around these premises.
8. 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. Additionally, the position of such lighting shall not disturb the normal privacy and use
of any neighboring residences. Additional lighting shall be installed on the west side of the
building and shall be submitted to the Police Department Community Services Division for review
and approval and shall be specifically shown on plans submitted for building permits.
-2- PC2005-35
9. That there shall be no amusement machines, video game devices, or pool tables maintained
within or under control of the convenience market operator at any time.
10. That there shall be no public telephones on the property that are located outside the building and
within the control of the applicant
11. That the gross sales of beer and wine shall not exceed 35% of all retail sales during any three (3)
month period. The applicant shall maintain records on a quarterly basis indicating tfie separate
amounts of sales of beer and wine and other items. These records shall be made available for
inspection by any City of Anaheim official when requested.
12. That there shall be no beer or wine consumed on the premises.
13. That no wine shall be sold in bottles or containers smaller than 750 ml.
14. That there shall be no person under eighteen (18) years of age shall sell or be permitted to sell
any beer or wine unless asupervisortwenty-one (21) years or older is on site.
15. That the applicant shall institute an employee training program and continually train employees
as appropriate to ensure responsible sales of beer and wine to the public and to prevent illegal
sales to minors. Said program is subject to review and approval by the Anaheim Police
Department.
16. That the property owner shall submit a letter requesting termination of Conditional Use Permit
2002-04645 (to permit and retain a computer rental and Internet amusement (arcade) business)
and Conditional Use Permit No. 3650 (to permit the installation of automotive accessories in
conjunction with a proposed retail establishment) to the Zoning Division.
17. That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein.
18. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 4 through 15, above-mentioned, shall be
complied with. Extensions of further time to complete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
19. That prior to final building and zoning inspections, Condition No. 17, above-mentioned, shall be
complied with.
20. That the applicant shall submit a security plan to the Police Department, Community Services
Division for review and approval. Said plan shall propose additional security measures to the
satisfaction of the Police Department.
21. That approval of this application constitutes approval of the proposed request only to the extent
that 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.
BENT 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.
-3- PC2005-35
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 7 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
March 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
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 March 7, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO, VELASOUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this day pf
2005.
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2005-35
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Subject Property
Conditional Use Permit No. 2008-05296
1523 West Katella Avenue
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TRENTON DR
March 17, 2008
Subject Property
Conditions! Use Permit hlo. 2008-05296
1523 West Katella Avenue
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July 2006
ATT~,C1FIli~IEN'1' NO. 1
Letter of Operation
We aze a tattoo and body piercing establishment. We provide body cosmetics. Our hours of
operation aze from 12:00 p.m. to 12:00 a.m. W e have two shifts of six (6) hours each. There. are
two (2) employees per shift. Our unit is separated into five (d) tattoo stations. Each station
measures 10' wide X 8' long. We have a sterilization room which measures 10' wide X 10'' long..
Our piercing azea measures 12' long X 12° wide. Our restroom measures T v~ride X 7' long. It is
also handicap accessible and friendly. All of our azeas give adequate space to work for each
individual. The owner, lames Darkley, is a former U.S. Army SF Medic. We pride ourselves on
the highest standards of cleanliness, professionalism, and work ethic. We are adrug-free
environment and we strongly oppose any gang-related or sac-religious body cosmetics or
enhancements. Fanatic Tattoo, LLC, is here to show everyday society how with the proper
techniques and technological advancements that tattooing is a true art form. We bring the
meaning of art to a whole new prospective. Our medium is not limited to just paints and pens, we
have expanded our horizons and brought our undeniable talent to a canvas everyday society calls
skin. Our shop brings people from all over the world to be beautified by our talented artists.
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Section (6} A:
Our business will not adversely affect the land uses or development and is not
detrimental to health or safety of anyone for the following reasons:
The trash dtmpster has a lock and key and only authorized persons have
access to use it.
Trash is taken out two (2) times per day or more if needed.
Everyone at the shop is trained in cross-contamination, blood-borne
pathogens, and infection control.
Our entire shop is thoroughly cleanedtwo (2) times per day. All other messes
are cleaned on an as needed basis.
We use an Ultra Sonic 4 to break down any material that is left behind in the
tattoo tubes prior to cleaning. This makes the cleaning. process more thorough.
We use a Midmark M-9 auto-clave to sterilize all tools that are not single use
such as tattoo tubes and grips. This is one of the many autoclaves the UCI
Medical Center of Orange use.
We do weekly spore testing on the autoclave, which goes above and beyond
any requirements of the City of Anaheim and all of Orange County.
We do weekly and monthly maintenance on this machine to ensure sanitation.
All of our needles are sterile, single use, and pre-packaged. This is to ensure
the safety of our clientele.
We also give the clientele the option for single-use, plastic and pre-packaged
tattoo tubes as well if they would feel more comfortable with that.
Any and all surfaces that may be in contact with bio-matter is covered or
wrapped with a protective barrier to prevent cross-contamination.
All artists are required to use machine bags, clip-cord sleeves, wash bottle
bags to also help prevent any cross contamination.
Every tattoo booth is equipped with ananti-bacterial hand sanitizer dispenser.
Every booth has a bottle of Cavcide, which is a hospital grade germicidal
solution.
Tattoo spaces are of adequate size to prevent any over-crowding or too close
work situations.
Every tattoo booth is equipped with a Sharps container to dispose of all
needles and to be emptied when at capacity.
The brand of gloves we use are Adenna. They are available in latex or nitrile
(for those who may have a latex allergy). This brand of glove is used by the
UCI Medical Center in the City of Orange.
CUP2008-05296
Section (6) B
Our business will not impose undue burden to streets or highways for the following
reasons: _
The business complex that we are located in is already busy on its own. Our
business will not cause. any. damage that wouldn't already be caused. Katella
Avenue is a very busy street and our business will not add anymore traffic to it.
Ourbusiness is not detrimental to'the citizens of the City of Anaheim in any way.
Many people like body cosmetics and would like the close proximity to their
houses. We bring in tax revenues to the city and that is great for all citizens o£any
city.. Our business also brings in tourists from around the world. That is also good
for other businesses in the community.
cuPaoos-o5as6 _ _
[I)ItAFT] AT'I'ACIFII\'IEN'I' PI®. 2
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, CLASS 1 (EXISTING FACILITIES) AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05296
(1523 WEST ICATELLA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit for a proposed tattoo and piercing shop on certain real property
situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A,
attached hereto and incorporated herein by this reference;
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 17, 2008, 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:
I. That the proposed tattoo and piercing shop 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 shops have not 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
** correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA
Guidelines acid is, therefore, exempt from the requirement to prepare additional environmental
documentation.
1 - PC2008-***
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby approve 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:
Responsible
COA for
Conditions of Approval Monitoring
GENERA L
COA 1 That subject property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planiung Department
marked Exhibit No. 4 and as conditioned herein.
COA ? All tattoo and piercing technicians, shall each obtain and retain separate Code
City of Anaheim Business Licenses. Said licenses shall be visibly Enforcement
displayed at all times.
COA 3 That approval of this application constitutes approval of the proposed N/A
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 detemune 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
issuazrce of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
- 2 - PC2008-***
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 17, 2008. 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 )
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 March 17, 2008, 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
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 3 - PC2008-***
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Subject Property
Conditional Use Permit No. 2008-05296
1523 West Katella Avenue
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TRENTON DR
A. M. Robinson.
637 Gardenia Ave
Placentia, CA 92870
(71 4) 704-6 123
March 11, 2008
City of Anaheim
Planning Commission.
200 S. Anaheim Blvd
Anaheim, CA 92501
Re: Conditional Use Permit 2008 -05296
1 523 W. Katella Ave.
Date of Dearing March 17.
Dear Commissioners:
Due to the time of your meeting, I am unable to attend this hearing. I am a property
owner of a home at 1.771 rayless St. for many years.
I understand a conditional use permit is being requested fox a tattoo parlor at the subject
address. This establishment is within 100 yards of a church (temple) and there is also an
elementary school on the south side of Katella and Ninth St. Young children do walk to
this school. The temple holds services on weekends.
I have no opposition. to this type of business, but do feel the hours of operations should be
restricted to a 10 p.m. closure. Residences back up this commercial property and later
hours of operation would present a problem due to noise and loitering.
Very truly yours,
Ann M. Robinson
City ®f Anaheim
PLANNING A TMENT
• 00:
ANN ROBINSON
637 GARDENIA PL
r' 1' 1 l f. 92870-4708
DATE OF MEETING: March 17, 2008
The Anaheim City Planning Commission will hold a public hearing
in the Council Chamber, City Hall, 200 S. Anaheim Boulevard,
Anaheim, at 2:30 psn. to consider the following proposal.
SUBJECT: CEQA CATEGORICAL EXEMPTION CLASS 1
CONDITIONAL. USE PERMIT NO. 2008 -05296
WHERE IS THE PROJECT? 1523 West Katella Avenue: Property is approximately 0.88 -
acre, located at the northeast corner of Bayless Street and
Katella Avenue, having approximate frontages of 125 feet on the
east side of Bayless Street and 252 feet on the north side of
Katella Avenue.
WHAT IS PROPOSED? Request to permit and retain a tattoo parlor within a retail center
INFORMATION AVAILABLE: A copy of the staff report, proposed plans, environmental impact
determination, legal description and property owners and
developer /agent's names, and other project information may be
obtained at the Planning Department or visit our website
www.anaheim.net /planning
WHO TO CONTACT? For more information, call (714) 765 -5139, extension 5784
Darrell Gentry, Planning Department.
NOTE: All interested parties are invited to attend the public hearing and
express opinions for or against the proposal. Preliminary Plan
Review is at 1:00 p.m. (to review plans of all the items scheduled
for the meeting and to review necessary properties), no public
testimony is taken during the Preliminary Plan Review portion of
the meeting.
BY ORDER OF THE ANAHEIM CITY PLANNING COMMISSION
Gate Posted: February 28, 2008
Date Mailed: March 6, 2008
Date Published: March 6, 2008