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PC 2009/02/18~o ~ I' u P~ Pµ E i M c,~C 1=~~'~\f.c. 2~ 1~ , r 9 Council Chamber, City Hall 200 South P,naheim Boulevard Anaheim, California • Chairman: Joseph Karaki • Chairman Pro-Tempore: Panky Romero • Commissioners: Peter Agarwal, Kelly Buffa, Gail Eastman, Stephen Faessel, Victoria Ramirez • Call 1'o Order • Preli~vainary Plan Review 1:30 P. . • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the February 18, 2009 agenda For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. Anv writinps or documents provided to a maioritv of the Planninp Commission reqardinq anv item on fhis apenda (other than wrifings lepallv exempf from public disclosure) will be made available for public inspecfion in the Planninq Department located at Citv Hall 200 S. Anaheim Boulevard Anaheim, California, durinp reqular business hours. • Recess 1'o Public li~ar~ng • Reconver~e ~o Public Hearing 2030 Pa . • Plecige Of Allegiance • Public Cornrnents • Consent Calendar • Public Hear6ng Iteans • Cornmisseon lJpclates: • Discussion: • Adjournrnent You may leave a message for the Planning Commission using the following e-mail address: plan~inctcommission(a~anaheim.net H:\TOOS\PC Admin\PC Agendas\(02/18/09).doc ~NDED~ ,4naheirr9 Planning Cornmission Agenda ~ 2:30 Pe . Public Co~vaments: 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. Cor~sent 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 tirne 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. inutes Il'E 1 A Receiving and approving the Minutes from the Planning Commission IVleeting of January 5, 2009. Continued from the January 21, 2009 and February 2, 2009 Planning Commission meetings. Il'EM 1~ Receiving and approving the Minutes from the Planning Commission Meeting of January 21, 2009. Continued from the February 2, 2009 Planning Commission meeting. Il'E 'B C Receiving and approving the IViinutes from the Planning Commission (Vleeting of February 2, 2009. otson otion _..~_ otion RlOTE: Meeting minutes have been provided to the Planning Commissio~ and are available for review at the Planning Department. 02/18/Q9 Page 2 of 11 P~blic Fiearina Items: IT NO. 2 ZO ING CODE A E E T O. 200~-00071 A p Staff Re;oort CORlDII'IONAL IJSE P~FZMIl' IVO. 2008-05369 New Correspondence V 1,4 CE .2009-04771 RECOMMENDAl'ION FOi2 CiTY COlJNC1L REVIEW OF ZC 008-0071, CUP2008-05369 A- D 0/AR2009-04771 , Owner: Sandy Stahl ACR Trust 1380 South Sanderson Avenue Anaheim, CA 92806 pplicant: Nancy Parker Quief'°Signs 272 South I Street San Bernardino, CA 9241 Q Location: Cocle Arraendrnent - Cit ide CUP arasl Variance Request - 3~0 South Sanderson Avenue: This property is approximately 2.2 acres, with a frontage of 50 feet at the westerly terminus of Sanderson ,4venue. The applicant proposes an amendment to the sign code Project P~anner: section of Title 18 "Zoning" of the Anaheim Municipal David See iented di t it f f t C d dsee(a~anaheim.net reeway-or rees ng o perrn , an o e readerboard signs for business schools. The applicant also proposes to install a 65-foot high freeway-oriented, freestanding readerboard sign for an existing business school. The proposed sign is taller and larger than allowed by Code for freeway oriented signs. Environmental Determinafion: The proposed action is categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quafity Act (CEQA) Guidelines Class 11 (Accessory Structures). This item was continued from the February 2, 2009 Planning Commission meeting and readvertised to include the proposed conditional use permit and variance. 02/18/09 Page 3 of 11 [1'E O. 3 RECLASSlFIC TIO O. 2009-00227 A D MISCELLA~EOIl~ CA~E NO, 2009-0029~ Staff Report New Correspondence Owraer Anaheim Redevelopment Agency And 201 South Anaheim Boulevard, Suite 1003 AppBicar~t: Anaheim, CA 92805 Location: 274~ West Lincoin Avenue: This property is approximately 1.7 acres, having a frontage of 125 feet on the south side of Lincoln Avenue and located 669 feet east of the centerline of Dale Street. The applicant requests the property to be reclassified from Project Planner. the General Commercial (C-G) zone to the IVIuItiple-Family David see 4) zone oses to Residential (R(VI The a lic ro t l dsee(a~anaheim.net - . pp p an a so p construct a 45-unit affordable apartment complex with Tier 1 and Tier 2 Density Bonus incentives. Environmental Determination: A Negative Declaration has been prepared to evaluate the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). 02/18/09 Page 4 of 11 Bl°E .4 CO DITI AL l1SE PER Il' O. 200~-05396 Statf Report New Correspondence Owner: James Axtell Kilroy Reaity 12200 West Olympic Boulevard, #200 Los Angeles, CA 90064 Appiicant: Jonathan Michaels Techco 3125 East Coronado Street Anaheim, CA 92806 Location: 3'~25 Easf Coronado Street: This property is approximately 7.5 acres, with a frontage of 740 feet on the north side of Coronado Street, a maximum depth of 550 feet, and is located 253 feet east of the ce~terline of Kraemer Boulevard. The applicant proposes to conduct automobile-related uses Project Planner: in an existing warehouse building including the retail sales ~avid see ' of automotive arts automotive re air vehi le sales dsee(a~anaheim.nef p , p , , c vehicle storage, and to permit community and private events with consumption of alcoholic beverages in two meeting rooms. Environmental Determination: The proposed action is categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). 02/18/09 Page 5 of 11 Il' O. 5 CONDIl'IONAL l9SE PER IT NO. 200~-05395 AND RE IIEST FOR DETER 1 AT'10 OF PU LIC CONi/ENIENCE O~ NECES~ITY NO. 2009-00055 Owner: Kook Hoon Cho 590 VUhispering Ridge Lane Anaheim, CA 92808 Applicant: Dick Evitt 5905 Winncliff Drive Riverside, CA 92509 Locatoon: 1151 North ~uclid Street: This property is approximately 1.18 acres, with a frontage af 100 feet on the west side of Euclid Street approximately 16 feet south of the centerline of Cutter Road. The applicant proposes to establish a convenience market in an existing commercial building with a Type 21 (off-sale general) ABC license for the sales of beer, wine and distilled spirits for off-premises consumption. Environmental Determination: The proposed action is categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). Staff Report New Correspondence Project Pla~ner: Scott Koehm skoehm(a~anaheim.net 02/18/09 Page 6 of 11 ITE O. 6 CO DITIO L IJSE PE IT O. 200~-05394 AND REQd9EST' FOR DETERMINAI°BON OF PIJ~LiC CO VENIE C~ A D' ECES~I°TY . 200~-00051 Owner: Inc Aoun P.O. Box 308 Buena Park, CA 90621 Applocant: 7-Eleven 330 East Lambert Road Brea, CA ~~2821 Loca#ion: 1685 West Katella Avenaae: This property is approximately 0.38 acre, having a frontage of 135 feet on the north side of Katella Avenue and 140 feet on the east side of Euclid Street, at the northeast corner of Katella Avenue and Euclid Street. The applicant proposes to establish a convenience market in an existing commercial building with a Type 20 (off-sale beer and wine) ABC license for the sales of beer and wine for off- premises consumption. Environmental Determination: The proposed action is categorically exempt from the requirement to prepare additional environmental documentation per California Environmentai Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). Staff Report New Correspondence Project Planner. Kimberly Wong kwonq2(c~anaheim.net 02/18/09 Page 7 of 11 Il'E o. 7 A E D ENT TO CO ITI AL USE PE IT O. 2007-05293 ('TRpaCKI G O. C11P200~-05397) Owner; City of Anaheim 800 West Katella Avenue Anaheim, CA 92802 Ap~licant: Raymond Smith Federal Heath Sign Company 4602 North Avenue Oceanside, CA 92056 Location: 2000 East ene Autrv av, 2000 South S#ate Coileqe ~oulevard and 2379 East Oranqewood Averau~: This property is approximately 98.5 acres, and is located at the eastern terminus of Gene P,utry UVay and having a frontage of 675 feet on the east side of State College Boulevard, 1,445 feet on fhe north side of Orangevvood Avenue, and 100 feet on Douglass Road (Angel Stadium of Anaheim). The applicant proposes-an amendment to a previously- approved permit to allow two electronic readerboard signs on the "Big A" sign at Angel Stadium of Anaheim.* Environmental Determination: The proposed action is categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). ote• This item was advertised as a request to permit "four electronic readerboard signs on the "Big A" sign': The applicant modified their request subsequenf to the advertisement of this item. Staff Report New Correspondence Project Planner: Ted White twhiteC~a.anaheim. net 02/18/09 Page8of11 ITE O. ~ ZO I C CO E A E E T . 200~-00076 Applicant: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Cit ide The City of Anaheim Planning Department has initiated an amendment to Chapters 18.08 (Commercial Zones), 18.10 (Industrial Zone) and 18.38 (Supplemental Use Regulations) of the Anaheim Municipal Code to eliminate "Automotive - Car Sales, Retail or Wholesale - Office Use Only" as a specific land use category. Environmental Determination: The proposed action is categorically exempt from the requirement to prepare additional environmental documentation under Section 21080, Public Resources Code. This item was continued from the January 5 and 21, 2009 and February 2, 2009 Planning Commission meetings. Staff Report New Correspondence Project Planner: Vanessa Norwood vnorwood@anaheim.net journ to on ay, arch 2, 2009 at 10 0 o e for Prelarninary P1an Review 02/18/09 Page 9 of 11 CERl'IFIC `TION OF PO~Ti G I hereby certify that a complete copy of this agenda was posted at: 2:00 p.m. Februarv 12, 2009 (TIME) (DP,TE) LOCATION: COURICIL CHAMBER DISFLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: C \ v v 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 v~rritten 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 ACT10N 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. ,4NAHEIM PLANNING CONIMISSION 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. Recorc9ed decision inforrr~aation is available 24 hours ~ day by calling the Planning Depar~rnent's Autornated Telephorae System at (714) 765-5139. 02/18/09 Page 10 of 11 C lJ L 2009 Nlarch 2 Nlarch 16 March 30 April 13 April 27 May 11 (Vlay 27 (V1/ed) June 8 June 22 July 8 (Wed) July 20 August 3 August 17 August 31 September 14 September 28 October 12 ( October 26 ~ November 9 fVovember 23 (cancelled) December 7 December 21 {cancelied) 02/18/09 Page 11 of 11 ITE 1~0. 2 PI~A ING C ISSION t~GEN A POR'T City of Anaheim PL1~I~TINC~ EPI~ TIVI~I~TT DAT'E: FE~1SiT Y 18, 2009 I+ItO1Vi: I'I.Al~T1~iII~1G SEI~VICES 1~TE1GEIt d7~V E~7L' L' y 510~~~1 gLtSl\1\~dl SU~JECT': ZO1~IlVG CODE E1~1D1VIE1~1'T 1~T0. 2008-00071 COI~DITIOl~tAL LTSE PE IT' I~dO. 2008-05369 VA ANCE 1~i0. 2009-04771 I,OCATIOI~T: Citywide for the Code Amendment and 1380 South Sanderson Street for the Conditional Use Permit and Variance. APPI,ICAI~TT: The applicant is Nancy Parker with Quiel Signs and the property owner is Sandy Stahl with ACR Trust. I~EQUES'T: The applicant proposes an amendment to the sign code section of Title 18 "Zoning" of the Anaheim Municipal Code to permit freeway-oriented, freestanding electronic readerboard signs for business schools. The applicant also proposes to install a 65-foot high freeway-oriented, freestanding readerboard sign for an existing business school. The proposed sign is taller and larger than permitted by Code for freeway- oriented signs. ItECOIVIlVIE1~Ti)ATIOl~T: Staff recommends that the Planning Commission, by motion, determine that a Class 11 Categorical Exemption serve as the appropriate environmental documentation and deny the attached draft Ordinance for Zoning Code Amendment No. 2008-00071, and, by the attached resolution, deny Conditional Use Permit No. 2008- 05369 and Variance No. 2009-04771. If the Planning Commission approves these requests, staff recommends thatt-the Commission refer all of these actions to City Council for review at a public hearing. ~ACI~GROUI~TD: A comprehensive update to Title 18 (Zoning Code) was adopted by the City Council on June 8, 2004, Since its adoption, Title 18 has been amended from time to time to refine its provisions on an as-needed basis. The property is developed with a 19,000 square foot air conditioning business school. The property is located in the General Commercial (GG) zone. The General Plan designates the property and all surrounding properties for general commercial land uses. The 57 Freeway borders the property on the west. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280- www.anaheim.net ZONING CODE AMENDMENT NO. 2008-00071 February 18, 2009 Page 2 of 4 I'ROPOSAI,: The applicant proposes an amendment to the Zoning Code to permit freeway- oriented, freestanding electronic readerboard signs for business schools. The applicant also proposes to install a new freestanding, freeway-oriented pylon sign with an electronic readerboard for an existing business school located at 1380 South Sanderson Avenue, adjacent to the 57 Freeway. The new sign would be 65 feet tall with a sign area of 150 square feet. The sign would be setback approximately 50 feet from the freeway right-of-way, This sign would replace an, existing 45-foot tall freestanding pole sign with a 150 square foot sign area. The existing sign is a legal nonconforming sign because the Code does not permit pole signs, nor freeway-oriented signs, for business schools. The applicant states that a new sign is needed to provide better sign visibility adjacent to the freeway. The applicant also states that the business is difficult to find because of its distance from major streets and the property's elevation, which is 20 feet below the 57 Freeway. Al~iAI~I'SIS: The Code currently permits freeway-oriented signs for service stations, restaurants, lodging facilities, regional shopping centers, or automobile dealerships occupying a site ten or more acres in size. The Code also permits electronic readerboard signs for commercial indoor and outdoor recreation facilities, theaters, hotels and motels with a minimurn site area of four acres, general educational institutions, automobile dealerships on a minimum 3 acre site, commercial retail centers with a minimum site area of 25 acres, and community and religious assembly establishments. A conditional use permit is required for freeway-oriented and electronic readerboard signs. The applicant's request to amend the Code would permit freestanding electronic readerboard signs for business schools on minimum two acre sites where the business school is the sole user of the site, subject to approval of a conditional use permit. The amendment would also permit freeway-oriented signs for business schools on minimum two acre sites where the business school is the sole user of the site, subject to approval of a conditional use permit. A draft ordinance with the proposed Code amendment text has been provided to the Planning Commission as Attachment No. 1. Staff has provided the following analysis and recommendations on the applicant's proposal: Proposed Code Amend~ent: Electronic readerboard signs: Upon review of this request to allow readerboard signs in conjunction with business schools, staff believes that these facilities do not warrant the need for changing messages that a church, amusement facility, public or private school, or theater would. For exarnple, churches and schools may have a need to display changing messages to provide announcements of general community interest, such as announcements of special events open to the public. Business schools, on the other hand, are more commercial in nature, and therefore stationary signs which provide business identification are more appropriate for these schools. Freeway-oriented signs: Staff also believes that freeway-oriented signs for business schools are inappropriate. These facilities do not warrant the need for freeway advertising that service stations, restaurants, hotels, regional shopping centers, or automobile dealerships would. Also, ZONING CODE AMENDMENT NO. 2008-00071 February 18, 2009 Page 3 of 4 staff does not believe that this Code amendment is necessary for the subject business school because the existing 45-foot high pole sign already provides sufficient freeway advertising for the school. Conditional iJse Permit: The applicant applied for a conditional use permit to install a 65-foot highfreestanding freeway-oriented readerboard sign for the existing air conditioning business school on a 2.2 acre site, subject to City Council approval of the pending code amendment. As indicated above, staff is not recommending approval of the Code amendment to allow this type of sign as the need for freeway-oriented, changeable copy signs for business schools is not apparent. Staff does not believe that a freeway sign with a changeable message would be appropriate for the subject business school because the existing pole sign already provides sufficient freeway-oriented identification for the school. Therefore, staff recommends denial of the conditional use permit request. In the event that the Planning Commission approves this request, staff has included recommended conditions of approval in Attachment No. 4. Variance: The applicant submitted sign plans which show a 65-foot tall freestanding, freeway oriented pylon sign with a 150 square foot electronic readerboard copy area. Code permits freeway-oriented signs to have a maximum sign height of 30 feet and a maximurn sign copy area of 0.5 square feet per lineal feet of freeway frontage. If the Code amendment is approved to allow freeway-oriented signs for business schools, a 108-foot sign copy area would be permitted for the applicant's properiy which has a freeway frontage of 216 feet. Since the plans show a sign which is taller and larger than allowed by Code, the applicant is also requesting a deviation of these standards. Staff has reviewed the size, shape, and topography of this property and did not find any physical hardships or special circumstances applicable to this property which would justify approval of a deviation from the development standards regulating maximum freestanding sign height and area. Even though the property is located 20 feet below the grade of the freeway, a 30-foot high sign with a 108 square foot copy area would be visible from the freeway. Also, as previously indicated, the existing legal nonconforming 45-foot high sign is visible from the freeway. CONCLUSIOl~i: Staff be~ieves that freeway-oriented, readerboard signs would be -~- inappropriate for business schools. Staff also did not find any physical hardships or special circumstances applicable to this property which would justify approval of a deviation from the development standards to permit a new sign that would be taller and larger than permitted by Code. Therefore, staff recommends denial of this request. If the Planning Commission approves this request, staff recommends that the Commission refer all of these actions to City Council for review at a public hearing. Respectfully submitted, Concurred by, ~~ ~ I'0 `~G~ ~`~~f ~" ~ Principal Planner Plaru~ing Services Manager ZONING CODE AMENDMENT NO. 2008-00071 February 18, 2009 Page 4 of 4 ,4 ttach an entc: 1. Vicinity and Aerial Maps 2. Draft Ordinance 3. Draft Conditional Use Permit and Variance Resolution 4. Recommended Conditions of Approval 5. Letter of Request The following attachments were provided to the Planning Commission and axe available for public review at the Planning Services Division at City Hall. 6. Sign plans 7. Site Photographs 1 1 LARK ELLEN LN 0 50 100 Feet 0 February 18, 2009 RS -3 1 DU EACH C -G RCL 98 -97 -7 RCL 89 -90 -31 RCL 74 -75 -21 (5) RCL 74 -75 -20 (2) CUP 2008 -05369 CUP 2005 -04963 ZCA 2008 -00071 (T -CUP 202 04642) (CUP 2495) AIR CONDITIONING SCHOOL Subject Property 1380 South Sanderson Avenue SATURN AUTO DEALER C -G ,RAILRQAD Zoning Code Amendment No. 2008 -00071 Conditional Use Permit No. 2008 -05369 C -G HARDIN HONDA C -G RANCHO DEL RIO (HORSES) C -G HARDIN HONDA ATTACHMENT NO. CENTER DRIVE SANDERSON AVENUE C -G PHOENIX CLUB 1 1 1 1 1 I 1 I 1 L0 N iY E. BALL RD ;N !ow w ECCER J r N E. HOWELLAVE AVE 81 C -G C -G VACANT PHOENIX CLUB C -G HARDIN BUICK PONTIAC GMC 10688 ES_ IA- gIL: i 0.' IMFOE-1117..EANIT- Y''' Iti 4 4; ar. e 115,701 II lr" •HF February 18, 2009 Subject Property Zoning Code Amendment No. 2008-000 Conditional Use Permit No. 2008-0536 -W7 ANN vat111‘1411.13 wydt-iPaNit Wa 1)030.31a.fifial101ine).011_41.911,4 •e; 41 I?' i ..F 7 P ik# 'Iir fir i 0 ,..Li -1: ..r. 4.... ..."4,4 ff.iyi.:„..........yrf ...‹.-01.,.. .i, i ,,,r 1 0 411 11411' lijaMe vsji 101_,Ols SA ERSON rAVE 0 4 Pi I 14 1 p 4 S f i 1 1 ,l,vs ET.E7 4a—/ AVE 9 i ,s>... .2, 1 I 8 Aerial Phott April 200E r~TTAC EN~' NOe 2 ORDINANCE NO. FOLLOWS: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .010 OF SECTION 18.44.050 AND .010 OF SECTION 18.44.100 OF CHAPTER 18.44 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNS. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS SECTION 1. 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 readerboard signs subject to the limitations of Sections 18.44.080 (Freestanding and Monument Signs - General), 18.44.090 (Freestanding and Monument Signs in Non-Residential Zones) and 18.44.100 (Freeway-Oriented On-Site Signs) for the following uses: .O1 Recreational - Commercial Indoor as set forth in subsection .180 ("R" Use Classes) of Section 18.36.040 (Non-Residential Primary Use Classes); .02 Recreational - Commercial Outdoor facilities of recognized regional significance; .03 Theaters; .04 Hotels and Motels with a minimum site area of four (4) acres; .OS Educational Institutions - Business, which facility is the sole iiser of a nlinimum two (2) acre site; 06 Educational Institutions - General, which facility is the sole user of the site; .07 Automobile dealership, which automobile dealership is the major tenant of a minirnum (3) acre site; 08 Commercial retail center with a minimum site area of twenty-five (25) acres; or 09 Community and Religious Assernbly, which facility is the sole user of the site. 1 0102 Regional guide signs. .0103 Freeway-oriented signs, subject to the procedures and standards set forth in Section 18.44. ~ 00. 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 2. That subsection .010 of Section 18.44.100 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Conditional Use Permit Required. A freeway-oriented sign, as defined in Section 18.44.030, may be permitted, subject to the approval of a conditional use permit, only for Service Stations, Restaurants, Lodging Facilities or Regional Shopping Centers, as defined in Chapter 18.92 (Definitions), Educational Institutions - Business, ~.~hich 1'acilit}~ is tlle sole user of a niinimunl two (2) acre site, or Automobile Dealership(s) occupying a site ten (10) acres or more in size." SECTION 3. SEVER.ABILITY 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 may be declared invalid. SECTION 4. SAVINGS CLAUSE ~ 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. 2 SECTION 5. 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 maflner provided in Section 1.01.370 (Violations of Code-Penalty) 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 , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the day of , 2009, by the following roll call vote: AYES: NOES: ABSENT; ABSTAIN: By: ATTEST: CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM 71923.v1/MGordon 3 ~ ~~] ~~~r~c ~~~ ~oa 3 RESOLUTION NO. PC2009-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING A CLASS 1 CATEGORICAL EXEMPTION AND DENYlNG CONDITIONAL USE PERMIT NO. 2008-05369 AND VARIANCE NO. 2009-04771 (1380 SOUTH SANDERSON STREET) WHEREAS, the Anaheim City Planning Cammission did receive verified Petitions for a Conditional Use Permit and Variance to construct a 65-foot high freeway- oriented, freestanding readerboard sign for an existing business school, subject to, and dependent upon, approval of Zoning Code Amendment No. 2008-00071 to permit freeway-oriented, freestanding electronic readerboard signs for business schools, 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 property proposed for the 65-foot high freeway-oriented, freestanding readerboard sign for an existing business school is currently developed with a 19,000 square foot commercial building located in the General Commercial (C-G) zone and the property is designated as General Commercial on the City of Anaheim General Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009, 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 recomrnendations 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 with respect to the request for a conditional use permit to construct a 65-foot high freeway-oriented, freestanding readerboard sign for an existing business school, does find and determine the following facts: 1. That a 65-foot high freeway-oriented, freestanding readerboard sign for an existing business school in the General Commercial (C-G) zone is not properly one for which a conditional use permit is authorized by Anaheim Municipal Code and that the Planning Commission has denied the applicant's request for approval of Zoning Code Amendment No. 2008-00071 to permit freeway-oriented, freestanding electronic readerboard signs for business schools. . 2. That a 65-foot high freeway-oriented, freestanding readerboard sign for an existing business school would adversely affect the adjoining commercial land uses and the growth and development of the area in which it is proposed to be located because the need for freeway-oriented, changeable copy signs for business schools has not been demonstrated to be apparent or appropriate. Further, there is adequate signage for the business school as the property is currently improved with a 45-foot high legal nonconforming freestanding pole sign - 1 - PC2009-* * * with adequate freeway visib~lity and larger and taller signage would not be needed to advertise the business. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular axea nor to the health, safety and general welfare of the public without the need for a 65-foot tall freeway-oriented, freestanding readerboard sign. 4. That the traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the signage request would not further increase traffic levels in the area. WHEREAS, said Commission dues further find and determine that the request for a variance of the following Code Sections to construct a 65-foot high freeway-oriented, freestanding readerboard sign for an existing business school should be denied for the following reasons: (a) SECTION NO. 18.44.100.030.0301 Maximum size of a freewav-oriented s~n 108 square feet permitted; 150 square feet proposed) (b) SECTION NO. 18.44.100.030.0302 Maximum height of a freeway-oriented s, ign (30 feet permitted; 65 feet proposed) 1. That the requested waivers are hereby denied because the size, shape, and topography of this property nor any physical hardships or special circurnstances are applicable to this property which would justify approval of a deviation from the development standards regulating maximum sign freestanding height and area. The property is relatively flat. It is located 20 feet below the grade of the freeway; however the existing 45-foot tall sign is visible from the freeway and a 30-foot tall sign with a 108 square foot copy area would also be visible from the freeway. 2. 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, 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 Anaheinn Planning Commission does hereby deny Conditional Use Permit No. 2008-05369 and Variance No. 2009- 04771. 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 - 2 - PC2009-* * * issuance 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 18, 2009. 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 ) COLTNTY OF OR.ANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 18, 2009, by the fallowing vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of February, 2009. _ SENIOR SECRETARY, ANAHEIM PLANNING COlVIN1ISSION - 3 - PC2009-* * * EX I IT 6`r~'~ CON ITIONr~L ~JSE PE IT 200~-05369 VA CE 2009-04771 u so ~oo Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. Feet 10688 - 4 - PC2009-* * * ATTACHIVNIEENT NO. 4 1~COIdI1l~El~I)El) COl~i)ITIOl~TS OF APPI~OVAI, COl~TI)IT'IOI~IAL IJSE PE IT IVO. 200~-05369 V ANCE NO. 2009-04771 RESPOI~SI~LE FOR 1~0. COI~TI)ITIOI~S OI+' APPIZOVAL 1VIOI~TIT'O I~TG GE1VE ' L C'ONI)ITI~N,S' 1 The applicant shall monitor the area under their control Police, in an effort to prevent the loitering of persons about the Code Enforcement premises. 2 Parking lots, driveway, circulation areas, aisles, Police, passageways, recesses and ground contiguous to Code Enforcement buildings, shall be provided with lighting of a minimurn one (1) foot candle power to illuminate and make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 3 The property shall be permanently maintained in an Code Enforcement orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within two business days from the time of discovery. 4 The advertisement and display of goods and services on Code Enforcement ' any display surface, including the electronic readerboard and any static display surfaces, shall be limited to those goods and services that are sold or rendered on-site. The display or advertisement of goods and services that are not rendered on-site shall be prohibited. 5 All advertising on the freeway-oriented sign shall _ ..~_ Code Enforcement comply with provisions set forth in Sections 5200-5486 (Outdoor Advertising Act) of the Business and Professions Code. 6 The sign shall be continually maintained in a"like new" Code Enforcement condition. 7 The subject property shall be developed substantially in Planning 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 E~ibit Nos. 1- ' 4(Sign Plans) and 5-13 (Photos), and as conditioned herein. 8 Approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheirn Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not inciude any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. A'I"I'~iC l~][EN~ NOe 5 .:~ !", -SiG~S 8y _ _. ~.~.. .~r.~,r._r~ _. o~,~~o SI~C~ 1961= 272 Soufh ! St~et San Bemardino, CA 92410 ~ lntand Empir~ (909) 885-4~476Fax (9Q9J 888-2238 Coachella 11a11ey (760} 347-8370 Fax (760) 347-8335 www. auielsipns: com Lrcerise No. 217345 - City of Anaheim Planning D~p~rfrnent 200 S. ~4r~~h~ir~ ~Irrd, Suite #~S2 Anaheir~, CA 92805 ~e: Air Conditionirtg ~ Ft~fr~geration Educatio~ ~ l"raining Cer~ter 1380 S. Sanderson Avenue Planning Department: We ar~ requesfir~g your approval to ~r~n~nd Section 'i8.92.080.Ov0, "Educafiae~r~~! Ins~itutions - ~useness" as aftached. Also requesting a G.IJ.P. ta construcf a fi5' high freeway oriented site identifc~tion with electrmni~ messag~ center; replacing the existing 45' ~ree~ray oriente~ pote sign. The c~rr~n4 sig~a is 158 sq. ft. ~ith the proposed sign @ 150 sq. ft. 1'his sifie is ummediately e~st af the 57 fr~e~ay rr~th the i4uto Center ~o fhe r~~rth, commerciai to the sou#h and o~ff'ice to the e~st. Tiie proposed sign shall allowr ~or c1e~r visibilif~ to the traveiing public because of the approximated 2O' grad~ difFerence ~ram the property to th~ ~reeway. This facility is no~ o~f the main str~ets and ha~ been qui~e hard for pote~$~al studenfs ~o loc~te. The proposed sig~ w~ill id~nti~ the "Air-condition~ng ~ Refrig~ra~ior~ ~ducation ~ Training Cente~' ~rith the rnessage center advising class ~pes, schedui~s and serrainars doc~ted within this facilit~/. No ofF site adv~rtising shalt be al~o~red, ~. ITE ~ a 3 PI. NI1~G CO ISSIO~T AGEN t~ 200 S. Anaheim Blvd Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PI~AIVI~TINC~ I~EP T ENT' I,OCA'TIO1~1: 2748 West Lincoln Avenue APPLICAN'T/PI~OPEla'TY O~tER: The owner and applicant is the Anaheirn Redevelopment Agency. REQUES~'; The applicant requests the property to be reclassified from the General Commercial (GG) zone to the Multiple-Family Residential (RM-4) zone. The applicant also requests a Planning Commission determination of conformance with the Density Bonus Code to construct a 45-unit affordable rental housing apartment complex with a development incentive. COMMEl~TI2ATION: Staff recommends the Planning Commission adopt the attached resolutions, approving a Negative Declaration, Reclassification No. 2009- 00227, and Miscellaneous No. 2009-00298. BACKGRO~JND: This property is vacant. It was previously developed with the 117 unit Lincoln Inn motel which was demolished in May 2008. The property is located in the General Commercial (C-G) zone, within the Merged Redeveloprnent Project Area. The General Plan designates this property and properties to the east for me.~ium density residential land uses, Properties to the west are designated for low medium density residential land uses and properties to the north across Lincoln Avenue are designated as Corridor Residential. A 68-foot wide vacant lot and the Orange County flood channel border the property on the south. Section 65915 of the State Government Code requires cities to allow certain density bonuses, development incentives and reduced parking requirements for housing developments that provide opportunities to households with very-low, low, and moderate incomes. The Anaheirn Zoning Code implements these State requirements. The Code provides applicants with a menu of "tiered" incentives that offer two levels of review based on the type of incentives requested and the level of affordability proposed. The Code also requires that a minimum of 20 percent of the total units in the project be restricted to an affordable housing rent for very low income households for not less than 55 years. RECLASSIFICATION NO. 2008-00227 February 18, 2009 Page 2 of 5 All Tier One Incentives may be approved by staff. Up to three Tier Two Incentives may be approved by the Planning Commission at a noticed public hearing. The requested incentives shall be granted if the proposed housing developrnent is in conformance with the requirements of Code, unless findings can be made for denial. The Planning Commission may deny requested incentives if it finds that the incentives axe not required in order to provide affordable housing costs or rents, or finds that the project would have specific adverse impacts upon public health and safety or an adverse impact on the physical environment. At its August 18, 2008 rneeting, the Planning Commission failed to adopt the applicant's request (due to a tie vote) to reclassify the property from the General Commercial (C-G) zone to the Multiple-Family Residential (RM-4) zone to allow for the future construction of a 51-unit affordable apartment complex. The Commission did not approve the request based upon concerns about the rnaximum permitted density in the RM-4 zone and the proposed four-story building in the rear of the property and its potential impact on the single family homes across the flood control channel. P1aOPOSAL: The applicant requests to reclassify the property from the General Cornmercial (C-G) zone to the Multiple-Family Residential (RM-4) zone to permit a future apartment complex. The applicant also requests a Planning Commission determination of conformance with the Density Bonus Code to construct a 45-unit affordable rental housing apartment complex with one development incentive. The Community Development Departrnent will enter into an Affordable Housing Agreement in which the applicant will be required to provide all of the units as affordable to low and very-low income households. The proposed apartment complex will be cornprised of one 2 to 3-story building, and two, 3- story buildings. The complex would consist of one, two, and three bedroom units. Project amenities include a 2,565 square foot resident cornmunity center and a children's playground/picnic area. Please refer to the proj ect surnnlary chart attached to the staff report for project details. AI~TALYSIS: The applicant proposes all of the units to be available for low and very-low income households, and is requesting approval of one Tier Two Incentive. T~ie following includes a detailed analysis of the requested project. Ineentives: No Tier One incentives are being requested by the applicant. The applicant requests one Tier Two Incentive from the City for a reduction of the required interior setback along the east, west, and south property lines. The following table lists the Tier One interior setback standard requirements and the requested Tier Two incentive: RECLASSIFICATION NO. 2008-00227 February 18, 2009 Page 3 of 5 Landscaping North (adjacent to Lincoln Ave.) 20 feet** 15-25 feet East (adjacent to apartments) 15 feet 10 feet* South (adjacent to vacant lot) 35 feet 14 feet* West (ad'acent to trailer ark) 5 2 feet* Building Setback North (adjacent to Lincoln Ave.) 20 feet** 15-25 feet East (adjacent to apartments) 15 feet 10 feet* South (adjacent to vacant lot) 35 feet 14 feet* West (ad'acent to trailer ark) 15 feet 58 feet ** An average setback of 20 feet is required, with a minimum 15 feet permitted; provided, however, that for every foot of building frontage having a setback of less than 20 feet, there shall be a foot of building frontage having a setback correspondingly greater than 20 feet. The applicant proposes to construct an affordable rental housing project conforming to all multiple-family residential development standards with the exception of the above-mentioned interior setback requirements. This incentive contributes to the affordability of the project as compliance could result in a reduction of affordable units. The proposed setback incentive will not have an adverse impact upon the public health and safety or on the physical environment. The City is required to grant the requested incentives if the proposed housing development is otherwise in conformance with Code, unless it makes the proper findings for denial. The project is consistent with Code requirements to grant the requested incentive. The applicant's pro-forma on file with the Planning Department has demonstrated that the requested incentives will be necessary to make the housing units economically feasible. Prior to issuance of building permits for this housing development, the developer is required to enter into an Affordable Housing Agreement with the City, in addition to a Density Bonus Housing Agreement with the-~3ousing Authority, to ensure that the affordable units will remain restricted and affordable to the designated group for a period of at least 55 years and that all code requirements will be met. Staff believes that the applicant addressed the Cornmission's concerns from the August 18, 2008 public hearing regarding the 4-story building height and its potential impact on the single family homes across the flood control channel. More specifically, the applicant reduced the density of the project from 51 to 45 units and lowered the building height from 4 stories to 3 stories, resulting in less visibility and privacy impacts on the single family homes. Also, staff believes that the proposed 3-story building height would be more compatible with the 3-story apartment complex to the east. Lastly, the applicant attended a community meeting with West Anaheim comrnunity representatives on February 4, 2009 and met with neighbors on Tola Avenue informing them about the project. The community indicated that they supported the reduced density and building height and were in favor of the project. RECLASSIFICATION NO. 2008-00227 February 18, 2009 Page4of5 Parl~ing Reqeaire~nents: Plans indicate 75 parking spaces in compliance with the 74 parking spaces required for affordable rental housing developments. The Density Bonus Housing Agreement would require that the number of vehicles permitted in the development be limited to the number of parking spaces provided. Buald'ax-g Elevations: Staff believes the elevations complement the neighborhood and are consistent with the City's design policies for residential developments along arterial highways. The elevations incorporate architectural detailing through the use of a variety of materials such as wood, stucco, and a complementary range of colors. The units along Lincoln Avenue have entry porches to create a pedestrian friendly street environment consistent with the General Plan design guidelines. 12eclassification: This reclassification would implement the Medium Density Residential land use designation of the General Plan. This property is also identified as Site No. 37 in the Housing Element, which means it has been designated as a potential site for affordable housing development. The Anaheim Redevelopment Agency owns the property and is currently in negotiations with a developer to construct the proposed affordable rental apartment project. Based on this medium density designation, the property would allow up to 61 housing units at a density of 36 dwelling units per acre. A project with a minimum of 20% af units a~fordable to very low income households would further qualify for a 35% density bonus allowing up to 82 units on this property. The proposed 45-unit affordable apartment complex is below the density allowed by this zoning designation. At the August 18, 2008 meeting the Commission expressed concerns about the maximum permitted density in the RM-4 zone and whether a RM-3 zone would be more appropriate for the property. The ma~cimum density permitted in the RM-4 zone is 48 dwelling units pex acre (including the 35 percent density bonus), whereas the maximum density ~ermitted in the RM-3 zone is 24 dwelling units per acre (including the 35 percent density bonus). The proposed density of this 45-unit apartment project is 26 dwelling units per acre. The applicant is requesting a rezoning to the RM-4 zone as the RM-3 zone would not be able to accommodate the project density. _ .:~,__. CONCI~iJSION: The project will provide affordable housing in furtherance of the City's Housing Element, with all of the units to be rented as affordable to low and very-low income households. The proposed project would be compatible with surrounding land uses and will not adversely affect the adjoining land uses. The applicant's pro-forma has demonstrated that the requested incentives would be necessary to make the housing units economically feasible. The proposed zoning implements the General Plan designation for this property and is compatible with the multiple-family zoning of the properties to the east on Lincoln Avenue. Therefore, staff recommends approval of the reclassification to the RM-4 zone. Staff also recommends that the Plaruiing Commission determine that the proposed 45-unit affordable rental housing complex with a development incentive is in conformance with the Density Bonus Code. RECLASSIFICATION NO. 2008-00227 February 18, 2009 Page 5 of 5 Respectfully submitted, r ~~ ~G~' ~ '~'°~~,~'~/~, ~~ ~ Principal Planner Concurred by, ~~, ~~~ ~'~ ~!~.~~~°'~~ Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Reclassification Resolution 3. Draft Miscellaneous Resolution 4. Project Suimnary 5. Reclassification Justification Letter The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 6. Plans (Site Plan, Floor Plans, Unit Plans, Elevations) 7. Site Photographs L~l'~~'A(: li~l~'.N'1' NUe 1 RM-4 RM-4 SENIOR APARTMENTS FRANCISCAN 118DU NORMANDY w APARTMENTS APAR NTS ~ 70 DU O DU GG ~ ~ SOUTHERN CALIFORNIA W ~ EDISON CO. EASEMENT GG = C'G ~ GG GG STATION SMALLSHOPS CAR WASH SMALLSHOPS ~ ~ I LINCOLN AVENUE ~ 669 ' 125 ' ~ { .~ ~ GG RESTAURANT' I GG C-G (MHP) } , ~~ . F ~ . z a ~~ ~ T T(MHP) HARB LAGE cWi~ ~~ GG ANAHEIM ~~BUDDHIST APARTMENTS ? . ~~ ~- NATIONAL TEMPLE 112 DU z ~ SMALL w INN p-G ~ ~ } ~ ' SHOPS ~ a ~ W R -4 GG r~ ~ RCL 2009-00227 ¢ RCL 2008-00218 z RM-3 ~ CUP 2005-05021 ' OPEN ~ ~ T-CUP 2005-05011 +- SPACE ~ RM-3 ~~~ ° T-CUP 2003-04803 1 DU EACH W m CUP 2002-04622 _~ T-CUP 2001-04310 T (MHP) CUP 1043 MOBILEHOME PARK MIS 2009-00298 __~M~ _ ~ MIS 2008-00264 ._,TOW~HOMES z LINCOLN INN ~ ia ~u w > Q T WESTDA~E w RM-n APTS J 16 DU Q T(MHP) T ~ VACANT O.C.F.C.D. as-z R -2 1 DU EACH 1 DU EACH T TOLA AVE TOLA AVE J n- a SOUTHERN CALIFORNI Rs-z g W EDISON CO. EAS'EMEN 1 DU EACH ~ O R ~2 - 1 DU EACH 1 DU EACH Y =-~__ pC Q O z TROJAN PL w ~ : R -2 1 DU'EACH I ' G .. . 50 100~~ . ~ _ . . .. .. _ . .. . . .. _ _ .. . , . . _ . _ .. . . . _ :. .. _ _ _ _. .. _ . .. _ _ _ .. .. _ _ .. .. .. .. _ . _ _ _ . . . .. . . . .. . . . . .. . . . .. . .. . .. . .. .. Feet February 18, 2009 Subject Property Reclassification No. 2009-00227 Miscellaneous No. 2009-00298 ~ 2748 VVest Lincoln Avenue R SCE AVE ~ ~ B~ `` W.C RESCENTAVE ~ ~ ~ ~ w ~mmmr,w :Q 0 W. LINCO ~N AVE ~Z W. LINCOIN AVE w ,a ,Z W.BROADWAY ~ ¢ W: ORANGEAVE ia w > ~ I w 3 :a o ~ e ,N ,~ ~ 10700 rls=:• 1 ::W.:1 4., 4. if 1 .1 1 7 o 01 .6 7,-,:',." 3' Wi B at:.* q „r1, 1 10y91 j I; r At r ..4.100V0VV1 1: p I 1 1 1,, 'r 3 0 it r_r Asc.-2---...12, 3 t ir„_-■ ,..,.i. J.,.* 'V i r i l b w -I q. r., i 1 1 LL 4 It) er;-I l''''' '..2.. 1, 7 1 1 I ,fr--.. 1 7 --1 0 1 I -t TettiA,AVEllqii Li L I 1-61 t ru) V 17 4'tt. ....stY!;" t et 4 .11.1a 91.7••••liM MI6 7t 7-115 s L2L,. T W T "L Plommi !AI -v.- 7 r 6.;•"; 7 11:0.1:4;f1p6.1 N.- AIL :01 $p s ITOLAyA:V,a; 'tir:. II._i i r 1 s'.. ti ,-;,7,: !I ,__.ha le- I t 4,Ci9 .........i.: 1 7 '1 r ;----_,'-—f 1 r 1, V 6 1:71r." da "'k I 4 I 11 4 1 I k C: 37 _an j 0., I %VI Z.i 1 .1 ■S' ,i e ..d 1-,_........... I AI. t e z II i ox s =1 ii .,...ti T,"=, _41 4 r. I 1...■ 11. .......1 r I _It i Ii 1 4 17 i i I.. L,...... 61 1 1_1 .„4 0 50 100 Feet February 18, 2009 Subject Property Reclassification No. 2009-00227 Miscellaneous No. 2009-00298 2748 West Lincoln Avenue 1 4...,L I F cRES6ENT AVE W. CRESCENT AVE I w 1 ..1 .Ist■ .11..■ ...Ir k ci W. LINCOLN AVE uI IA ORANGE AVE Aerial Photo: April 2008 W. LINLULN AVE W BROADWAY 10700 4 [ F'I'] A'I"I'AC ENT NOa 2 RESOLUTION NO. PC2009-* * * A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING RECLASSIFICATION NO. 2009-00227 (2748 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Reclassification on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on E~ibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, this properly was previously developed with the Lincoln Inn motel and is in the General Commercial {GG) zone with a General Plan land use designation of Medium Density Residential; and WHEREAS, the property owner has requested approval of a Reclassification to reclassify the property from the General Commercial (GG) zone to the Multiple-Family Residential (RM-4) zone, consistent with the General Plan land use designation of Medium Density Residential; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009 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 "Procedures", to hear and consider evidence for and against said proposed reclassification 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 hear~ng, does find and determine the following facts: 1. That reclassification of subject property from the General Commercial (C-G) zone to the Multiple-Family Residential (RM-4) zone would be consistent with the praperty's existing Mediurn Density Residential land use designation on the General Plan. 2. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community and is consistent with the properties east of the property on Lincoln Avenue. 3. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 4. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in oppasition to subject petition. - 1 - PC2009-* * * NOW, THER.EFORE, BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby unconditionally approve the subject Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the General Comrnercial (C-G) zone and to incorporate said described property into the Multiple-Family Residential (RM-4) zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 18, 2009. 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. 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 City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 18, 2009, 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 February,2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 2 - PC2009-* * * EX~II~IT ~~A,~ I~ECI,AS~IFICA'I'IOI~T NOo 2009-00227 LINCOLIV AVE w > ¢ w J Q ~ TC o so ioo FL'2t ~ ~ w ~ ~ U Q ~ ~ ~ Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. 10700 - 3 - PC2009-* * * [ FT] ATTr~C ENT' N a 3 RESOLUTION NO. PC2009-* * * A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A IVEGATIVE DECLARATION AND APPROVING MISCELLANEOUS CASE NO. 2009-00298 (2748 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Density Bonus Application for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorparated herein by this reference. WHEREAS, the Density Bonus Application was submitted in conjunction with a petition for approval of Reclassification No. 2009-00227 to reclassify the property from the General Commercial (C-G) zone to the Multiple-Family Residential (RM-4) zone, consistent with the Genearal Plan land use designation of Medium Density Residential; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009, 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 Density Bonus Application and Reclassification and to investigate and make findings and recommendations in connection therewith; 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 Density Bonus Application to construct a 45-unit affordable apartment complex is authorized under Anaheim Municipal Code Section 18.52.090 and includes one Tier Two incentive for a reduction in the minimum interior setback requirement along the east, west, and south property lines. A 15-foot landscape and building setback is required along the east properly line and 10 feet is proposed; a 35-foot landscape and building setback is required along the south property line and 14 feet is proposed; and a 5-foot i~andscape setback is required along the west property line and a 2-foot planter is proposed. 2. That granting of the Density Bonus Application 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 scale and character of the existing neighborhood and nearby land uses. 3. That the affordable housing development will preserve the integrity and character of the zoning district and the General Plan. 4. That the affordable housing development will be consistent with design guidelines established for affordable housing and will comply with all affordability requirements. - 1 - PC2009-* * * 5. That development of the project with the requested development incentive is subject to implementation of a density bonus housing agreement as defined in Anaheim Municipal Code Section 18.52.230. 6. That the applicant's pro-forma has demonstrated that the requested incentives would be necessary to make the housing units economically feasible. 7. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request; and BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Miscellaneous Case No. 2009-00298 subject to the conditions of approval described in Exhibit ``B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all .~_. charges related to the processing of this discretionary case applicatiori within 15 days of the issuance 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 18, 2009. 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. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION - 2 - PC2009-*** SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 18, 2009, 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 February, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-* * * ~~ I~IT' re~vv ISCEI,I,r~1~TE0i.TS 1~T0. 2009-0029~ ~ ~ w ~ ~ U Q ~ ~ ~ W > Q W J Q ~ TC o so roo Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. Feet 10700 -1- PC2009-*** ~ ~ l~d'1' 66~99 IdIISCELI,AI~EOUS PE IT 1~0. 2009-00298 SPOl~SI~LE FOR NO. COl~I)ITIOI~iS OF APPI~OVAL 1VIOl~iITO l~iG I' OIZ 7'O I,~`~`S` , ZIAIVC'E O~'A ~l`IILIDI~lG' FE IT :-.. 1 All plumbing or other similar pipes and fixtures located Planning on the exterior of the building shall be fully screened by architectural devices andlor appropriate building materials. Said inforrnation shall be specifically shown on the plans submitted for building permits. 2 All air-conditioning facilities and other ground-mounted Planning equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. 3 Locations for future above-ground utility devices Planning 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.) and shall be subject to the review and approval of the appropriate City departments. 4 Plans submitted for building permits shall include a note Planning that on-going during project operation no required ~ parking areas shall be fenced or otherwise enclosed for outdoor storage uses. 5 The legal property owner shall enter into an Planning unsubordinated recorded agreement with the City of Anaheim pursuant to California Governrnent Code Section 65915 to provide that a minimum of twenty (20) percent of the total proposed number of residential units shall be rented as very low income housing units as defined in California Government Code Section 65915 and with appropriate rental controls as approved by the City of Anaheim for a period of not less than fifty five (55) years from the date of issuance of occupancy -5- PC2009-* * * permits. A copy of the recorded covenant shall be submitted to the Planning Services Division. 6 A private water system with separate water service for Public Utilities - fire protection and domestic water shall be provided. Water 7 Any required relocation of City electrical facilities shall Public Utilities - be at the developer's expense, with the exception of the Electrical existing utility poles along the east property line. Landscape and/or hardscape screening of all pad- mounted equipment shall be required and shall be shown on plans submitted for building permits. 8 All backflow equipment shall be located above ground Public Utilities - outside of the street setback area in a manner fully Water 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 information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. 9 Since this project has a common landscaping area Public Utilities - exceeding 2,500 square feet, a separate irrigation meter Water shall be installed and shall comply with City Ordinance No. 5349 and Chapter 1019 of the Anaheim Municipal Code, Said information shall be shown on plans submitted for building permits. 1 Q= The developer shall submit street improvement plans to Public °~dorks improve Lincoln Avenue, including planting and irrigation for the public parkway, to the Public Works Department, Development Services Division. The parkway landscaping strips shall be constructed with the irrigation connected to the on-site irrigation system and maintained by the property owner. The developer shall submit a bond to guarantee that the improvements are constructed prior to final zoning and building inspections. 11 The legal property owner shall submit an application for Public Works a Subdivision Map Act Certificate of Cornpliance to the Public Works Department, Development Services -6- PC2009-* * * Division. A Certificate of Compliance or Conditional ' Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the County Recorder. 12 The property owner shall irrevocably offer to dedicate to Public Works the City of Anaheim an easement sixty (60) feet in width from the centerline of the street along Lincoln Avenue for street widening purposes. 13 The property owner/developer shall submit to the Public Public Works Works /Deve~opment Services Division, for review and approval, a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious axeas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. 14 The properiy owner/developer shall: Public Works • Demonstrate that a11 structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. --- - - --~_~ • Demonstrate that the property owner/developer is prepared to implement a11 non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. PIZIOlt T'O F'INAL ~UfLI)INGANI) ZONING INSI'EC'TI~NS 15 Plans submitted for building permits shall include a note Public Works that fire lanes shall be posted with "No Parking Any Time" prior to final building and zoning inspections. -7- PC2009-* * * ~~~~ co~~~~~~~s 16 Any tree planted on-site shall be replaced in a timely Code Enforcement manner in the event that it is removed, damaged, diseased and/or dead. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within two (2) business days from time of discovery. 17 The subject property shall be developed substantially in Planning 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 (Site Plan), 2-4 (Floor Plans), 5(Unit Plans), and 6 (Elevations) and as conditioned herein. 18 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 regarding any other applicable ordinance, regulation or requirement. -8- PC2009-*** ATTAC EI~T'I' NOm 4 PROJEC~ ~UMMARY l~ISCEI.LAl~iEOUS CASE 1~T0. 2009-0029~ Site Area 1.7 acres N/A 3 6 du/acre maximum Density 26 du/acre {48 du/acre including the 35% densi bonus) Lot Covera e 29% 55% maximum Recreation Leisure Area 14,922 s.£ 9,000 s.f. Parking 75 s aces 74* Buildin Hei ht 35 feet 40 feet maximum Number of bedrooms Min. Size: Unit 1 1 Bedroom: 770 s.f. 1 Bed: 700 s.f. Unit 2 2 Bedrooms: 1,078 s.f. 2 Bed: 825 s.f. Unit 3 3 Bedrooms, 1,087 s.£ 3 Bed: 1,000 s.f. * Permitted under the Density Bonus ordinance. ;_~ .. _~.~:~_~; ~ A~AHFIn~ ~EVELOPtiIENT 1u1y22, 2008 AGENCY City of Anaheim Planning Deparlment 200 S. Ailaheim Boulevard Anaheim, CA 92805 ~e: Justitication Letter Cherry Orchard 274~ W. Lincoln Avenue Anaheim, California A~'N: 126-022-09 Ladies and Gentlemen: r~T'~'AC I~EN'~' NO. 5 This is to request a Zone Reclassification fi•om General Commercial (GG) to Multiple- Family Residential (RM-4} zone for the property located at 2748 W. Lincoln Avenue. Please see the attached boundary inag for reference. The puipose of the requested Zone Reclassification is to allow for the development of the multifamily residential housing ata density of up to 3E~ units to the acre. The Anaheim Redevelopmen[ A~ency is currently in negotiations with a developer to build a 100 percent affordable multifamily residentia] housing project on the site. The Plannin; Commission approved a General Plan Amendment (GPA) 7uly 20(l6 to redesignate the site fi-om Low-Medium Density Residential to Medium Density Residential. The City Council subsequently approved the GPA August 2006. The GPA established the Iand use designation for future development of the site consistent with surroundin~ and proposed developments in the area. The buildings on the si[e (formerly the Lincoln Inn) were recently demolished to make way f~r development of the site. The site is surrounded by Mobile. Home Park to the ~vest, a vacant lot and drainage channel to the south, a muttifamily development to the easf and Cominercial uses to [he nor[h across Lincoln Avenue. Tlle requested Reclassification will facilitate khe development of a blighted ~roperty with new residential development _consistent with suiYOUnding uses. The proposed RM-4 zoning classi~icat~on wi11 complement and support the area and will help meet the goals for the development of affordable ifamily residential housing under the Affordable Housing Strategic Plan adopted the ity Cgx~Fil Augvst 2~OS Iy, Andy N Project ~ Attachment: 201 Sucr!i ~1:::~iiFC,; [3rt.iF~ni:t~ Boundary Map S~irr 100:3 ra.,-,rae~a i ai_imr.r~i~~ 92R0; F:\i %~-~ ~f]S-~.3]3 n4 ~6~-~soo Fr1DOC5\ADbllMLtil"I'ERSV71.860-0AJusiific~iiun Lcr Chem• Grcinu'd.UOC IT'E 1~0a 4 PI.1-~ Il~G CO I~SI lY AGEN A P 12'I' 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 - www.anaheim.net City of Anaheim I~I,1~1V~TII~TG EP 'T EN'T DA'I'E: FE~IgUAI~Y 1~, 2009 FItO1VI: PLAl~tI~1II~TG SE1tVICES 1VIANAGEI2 ~A V L' ~E~y ~A~~J~~ d i E~L-91\1`C~l~ SU~JEC'I': COI~11)I'I'IOI~TAI~ iJSE PE IT 1~T0. 200~-05396 LOCt~TI01~: 3125 East Coronada Street APPLICAN'~'/PROl'ERTY OWNER: The applicant is Jonathan Michaels with Techco and the property owner is Kilroy Realty. QUEST': The applicant proposes to conduct automobile-related uses in an existing warehouse building including the retail sales of automotive parts, automotive repair, vehicle sales, vehicle storage, and to permit community and private events with consumption of alcoholic beverages in two meeting rooms. COIVIIVIENDAT'ION: Staff recommends that the Planning Commission adopt the attached resolution determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2008-45396. BACKGROUNI): The 7.5-acre property is currently developed with a 144,000 square foot industrial warehouse building. The property is located in the SP 94-1, D.A. 2(Northeast Area Specific Plan, Expanded Industrial Area) zone and the Merged Redevelopment Project Area. The General Plan designates this property and all surrounding properties for industrial land uses. F1~OPOSAI,: The applicant proposes to conduct automobile-related uses in an existing warehouse building. Submitted plans indicate a storage and sales area, an auto parts manufacturing and repair area, offices, and two meeting rooms for events within the building. The applicant's letter indicates that Techco manufactures and installs high performance automotive parts and accessories. The business is in the process of opening a new division, Concours Motorcar Company, and this new division will sell exotic and collector cars, rent exotic cars, store vehicles and trucks, and host community and private events. Some events will include the consumption of alcoholic beverages. All food service will be provided by a catering company. Days and hours of operation will vary depending on the type of event. No modifications or expansion to the exterior of the building are proposed. CONDITIONAL USE PERMIT NO. 2008-05396 February 18, 2009 Page 2 of 2 A1~Tr~LYSIS: A conditional use permit is being requested to allow automobile-related uses in an existing warehouse building including the retail sales of automotive parts, automotive repair, vehicle sales, vehicle storage, and to permit community and private events with consumption of alcoholic beverages in two meeting rooms. On-site parking is adequate as Code requires 388 parking spaces for this use and 412 parking spaces are provided on the property. The Anaheim Police Department is not opposed to the consumption of alcoholic beverages for private events on the premises. Staff is supportive of this request because it complies with all development standards in the SP 94-1, D.A. 2 zone and would be compatible with adjacent industrial land uses in the area. Therefore, staff recommends approval of the requested conditional use permit. CO1~CL,IJSI01~1: Staff has evaluated the request and believes the proposed uses are compatible with the adjacent land uses, Therefore, staff recommends approval of the proposal. Respectfully subrnitted, G~~~ c~~s~- Principal Planner Attach~nents° 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Letter of Operation Concurred by, ~~ ~ ~~ /%~'1-S'~%~ Planning Services Manager The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 4. Site Photographs 5. Plans (Site and Floor Plans) in 0 feet February i 8, 2009 Subject Property Conditional Use Permit No 2008-05396 IA% 00 °L 11 3, C. 6 o se Feel W February 18, 2009 NM Subject Property Conditional Use Permit No. 2008 -05396 3125 East Coronado Street L T w5T Aerial Photo: April 2008 y 9 w z 1 z 10701 [ ~T] AT'Tr~C ENT NO> 2 RESOLUTION NO. PC2009-* * * A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05396 (3125 EAST CORONADO STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit to allow automobile-related uses in an existing warehouse building including the retail sales of automotive parts, automotive repair, vehicle sales, vehicle storage, and to permit community and private events with consumption of alcoholic beverages in two meeting rooms 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 property proposed for automobile-related uses in an existing warehouse building is currently developed with a warehouse building located in the SP 94-1, D.A. 2(Northeast Area Specific Plan, Expanded Industrial Area) zone and the Merged Redevelopment Project Area and the property is designated as Industrial on the City of Anaheim General Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009, 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 automotive repair, rental, storage, sales and community event uses in the SP .m_ 94-1, D.A. 2(Northeast Area Specific Plan, Expanded Industrial Area) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.070.050.0504 (Automotive vehicle repair, overhaul, installation of parts and accessories, modification, painting, body work and other similar vehicular activities, including incidental retail sales of accessories). 2. That the proposed automotive repair, rental, storage, sales and coznmunity event uses would not adversely affect the adjoining industrial land uses and the growth and development of the area in which it is proposed to be located because the property is currently improved with a 144,000 square foot industrial building and all work and storage related to the automotive-related uses would be conducted entirely indoors. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrirnental ta the particular area nor to the health, safety and - 1 - PC2009-* * * general welfare of the public because the property is currently improved with an industrial building and 412 parking spaces. Code requires a total of 3~8 spaces for the proposed use; therefore, the parking supply will exceed Code by 24 spaces. 4. That the traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of cars and trucks entering and exiting the site are consistent with typical industrial businesses that would be permitted as a matter of right within the SP 94-1, D.A. 2(Northeast Area Specific Plan, Expanded Industrial Area) zone. 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, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2008-05396 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the propased use of the subject property in order to preserve the health, safety and general welfaxe of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of tk~e use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any courF 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. 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 February 18, 2009. 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. - 2 - PC2009-*** CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COLINTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 18, 2009, 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 February, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-* * * ~~ I~I~ ~r~tv COI~TDI'TIOI~~I, USE PE1~IVII'I' NO. 200~-05396 ~' g~~'~' 66~99 CONI)ITIOl~AI. iJSE PE IT 1~10. 200~-05396 1~~POl~iSI~I,E FOR 1~T0. CONI)ITIONS OF AI'1'ItOVAL 1VIOl~TITO I~G GEl~~ C'O1 Vl)ITIONS 1 The applicant shall monitor the area under their control Police, in an effort to prevent the loitering of persons about the Code Enforcement ' premises. 2 Trash storage areas shall be provided and maintained in Planning, a location acceptable to the Public Works Department public Works and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. 3 Parking lots, driveway, circulation areas, aisles, Police, passageways, recesses and ground contiguous to Code Enforcement buildings, shall be provided with lighting of a minimum one (1) foot candle power to illuminate and make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 4 The business sha11 not employ or permit any persons to Police 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 Control Act). __ _,~. . 5 The number of persons attending community events shall Police, Fire not exceed the m~imum 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(s) from the room(s). (Section 25.114(a) Uniform Fire Code). - 5 - PC2009-* * * 6 At all times during assembly, security measures Police provided shall be adequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. . 7 Any and all security officers provided shall comply with Police all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3' of the California Business and Profession Code. 8 No minor under the age of sixteen (16) years shall be Police allowed while alcohol is being consumed on the premises, unless said minor(s) are accompanied by a parent or guardian. 9 No "happy hour" type of reduced price alcoholic Police beverage promotion shall be permitted. 10 The applicant shall not share any profits, or pay any Police 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 adrnission charge, including minimum drink orders, or the sale of drinks. 11 If an Alcoholic Beverage Lxcense is applied for, the Police applicant shall comply with all ABC (Alcoholic Beverage Control) requirernents. 12 The property shall be permanently maintained in an Code Enforcement orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and ~ removal of graffiti within two business days from the time of discovery. - 6 - PC2009-* * * 13 The subject property shall be developed substantially in Planning 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 Exlubit Nos. 1 (Site Plan) and 2(Floor Plan) and as conditioned herein. 14 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 regarding any other applicable ordinance, regulation or requirement. - 7 - PC2009-* * * IT'E N o 5 PI.A ING C ISSI I~ r~GE A PO T 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of 1~naheim PLA~II~C~ I~EP 'T EI~TT' DATE: FE~RiJr~I~~' 18, 2009 FI~OIVI: PI,A1~Tl~iING SERVICES 1VIAI~iAGEIa ~~~ 1 A 81~EIIli'd9 S 1l~~DL~ 1 d L~1\1\L' S\ SU~.IECT: CONI)I'TI01~1AI, USE PE IT I~TO. 2008-05395 1~QgJEST I+OIS DETE INATIOI~t OF PU~I,IC CONVEI~iIEl~TCE OI~ l~ECESSIT~' 1~i0. 2009-00055 I,OCA~'ION: 1151 North Euclid Street APPI,ICAI~TT/PROPER~'Y O~TEIZ: The applicant is Dick Evitt and the property owner is Kook Hoon Cho. ~iJES~': The applicant proposes to establish a convenience market in an existing commercial building with a Type 21 (off-sale general) ABC license for the sales of beer, wine and distilled spirits for off-premise consumption. COMIVIEI~IDATIOI~T: Staff recommends the Planning Commission adopt the attached resolutions, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2008-05395 and a Request for a Determination of Public Convenience or Necessity No. 2008-00055. BACI~G120UlWD: The property is developed with a 16,830 square foot commercial retail building. The applicant is requesting a convenience market to be located in a 1,428 square foot retail unit in the building. The property is located in the General Commercial (GG) zone. The General Plan designates this property and the properties to the north and south as Corridar-ResidentiaL - Properties to the west are designated for medium density residential land uses. PItOPOSAL: The applicant is requesting a conditional use permit and a determination of public convenience or necessity to permit a convenience market with the sales of beer, wine and distilled spirits for off-prernise consumption. The floor plan indicates grocery shelves, a walk-in cooler and a sales counter. The total floor area of the proposed convenience market is 1,428 square feet. The applicant proposes to sell beer, wine and distilled spirits for off-premises consumption within the convenience market. The total percentage of the floor area designated for the sale of beer and wine will not exceed 25%, including refrigerators, display areas, and open shelving. The convenience store will include everyday necessities such as general household products, packaged food products, and beverages. CONDITIONAL USE PERMIT NO. 2008-05395 February 18, 2009 Page 2 of 3 Al~ALYSIS: Following is staff's analysis and recommendations on the requested convenience market with sales of beer, wine and distilled spirits Convenienee anarket: The proposed convenience market and the sale of beer, wine and distilled spirits for off-premises consumption is a compatible use in the area and will provide a convenience to the customers visiting the convenience market. Staff believes that with the conditions of approval relating to restrictions on alcoholic beverage packaging, displays, signage, property maintenance, and on-site consumption, the use would not be detrimental to the area. Therefore, staff recornmends approval of the application. Publie Convenience o~- l~ecessity: State law requires a deterrnination of public convenience or necessity when an alcoholic beverage license is requested for a property 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 ABC staff 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. A 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. The Anaheim Police Department has indicated that this property is located within Reporting District 1421, which has a crime rate of 114 percent above the City average. This property is also located within Census Tract No. 867.01 which has a population of 8,598. This census tract allows fox five off-sale licenses and there are currently four off-sale licenses in the tract. Since the crime rate is in this police reporting district is higher than the City average, a determination of public convenience or necessity will be required for this request. The Police Department has reviewed the proposed request and recommends approval subject to conditions that have been incorporated into the attached resolution. CONCI~iJSIOI~i: The proposed sale of beer, wine, and distilled spirits for off-premises consumption is a compatible use within a convenience market and will provide a conv~nience to the customers visiting the market. Staff believes that with the conditions of approval relating to restrictions on alcoholic beverage packaging, displays, signage, property maintenance, and on- site consumption, the use would not be detrimental to the area. Therefore, staff recommends approval of the application. Respectfully submitted, ~ ' ~ ~~:~ ` ,~~~f~.~. ~ ~ Principal Planner Concurred by, ~ ~~ ~'L s~ Planning Services Manager r~ttachflnents: 1. Vicinity and Aerial Maps 2. Draft CUP Resolution Conditional Use Permit No. 2008-05395 February 18, 2009 Page 3 of 3 3. Draft PCN Resolution 4. Project Suminary 5. Letter of Operation 6, Police Department Memorandum 7. Police Reporting District Map 8. On-Sale ABC License Census Tract Map 9. Off-Sale ABC License Census Tract Map The following attachments were provided to the Planning Commission and are available for public review at the Pla.nning Services Division at City Hall. 10. Plans (Site and Floor Plans) 11. Site Photographs 0 50 100 Feet 0 RM-4 4 U EACH RM -4 TS RI -4 C -G AP TS THE VIRGINIAN RESTAURANT 8 4 DU EACH APTS I 14 DU NEIGHBORS AVE RM -4 4 DU EACH RM -4 4 DU EACH C-G C C-G 3 C -G C G C •3 C -G a MIDAS L' MUFFLER SMALL COMMERCIAL SHOPS /OFFICES AND RESTAURANTS 1 l t 1 1 1 1 1 February 18, 2009 Subject Property RM -4 STONE CREEK APARTMENTS 120 DU Conditional Use Permit No. 2008 -05395 Public Convenience or Necessity No. 2009 -00055 1151 North Euclid Street L_J II_I_ I F-1 1 I ROMNEYA DRIVE C -G MEDICAL OFFICES LA PALMA AVENUE RCL 60-61-02 CUP2008 -05395 g PCN 2009 -00055 >H p. Q N a co 0 F a Oz 4 co C -G RM 4 a CAR WASH CO cc APTS 6 DU RM -4 4 DU GLEN AVE C -G REST is 0 a ATTACHMENT NO. 1 C -G KAISER PERMANENTE C -G KAISER PERMANENTE CUTTER ROA )1 C -G MEDICAL CLINICS C -G RESTAURANT C -G SERVICE STATION W.1 RESCENT%l,E RM CONDOS r RM -2 L 1 CONDOS I 1 30 DU I I 1 RM -4 WATER WHEELAPTS 64 DU T 1 MORTUARY r Z x W. LA PALMA AVE A 10702 y i Jal l 1I ''f' °I +i 974 f1 1: y 1 1 r ELI r i 1. 0 50 100 0 Feet February 18, 2009 Subject Property 1151 North Euclid Street G �A p r y i ili1J'Y PIT -art/ i Al R rti 1 wr w# r` Conditional Use Permit No. 2008 -05395 Public Convenience or Necessity No. 2009 -00055 T ri14r wN1E' f 1 1 1 .rI Q�. )i,,1 I r r j 3 z. �•wyk .l 1 T C UVER Rp_;,��� 1 1 1 v l ]1 .'�]IC ArgiiSt ILJ iW i..........=_ 711 15: irTwii 1 r r 4 11 r v O Aerial Photo: A 2008 ■rl I f f S Q W. LA PALMA AVE 9 .`m i z F a En .0 tu W.-CRESCENT-AVE R 1 1 10702 ~ ~~, ~~~~~ ~ ~~~ ~ e 2 RESOLUTION NO. PC2009-* * * A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1 (EXISTING FACILITIES) AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05395 {1151 NORTH EUCLID STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a Conditional Use Permit to permit a convenience market with the sales of beer, wine and distilled spirits 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 tlus reference. WHEREAS, the applicant has requested approval of a conditional use permit to permit a convenience market with the sales of beer, wine and distilled spirits pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009, 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 "Procedures", to hear and consider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Connmission, 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 deterrnine the following facts: 1. That the proposed request to permit a convenience market with the sales of beer, wine and distilled spirits is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 of the Anaheim Municipal Code; and 2. That the convenience market, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because it is commercially zoned and is located in a commercial retail center. 3. That the size and shape of the site for the use is adequate to allow the convenience maxket in a manner not detrimental to either the particular area or health and safety as conditioned, as the property is located in an existing commercial retail center and canvenience market will require the sarne number of spaces as the previous retail tenant. 4. That the traffic generated by the use of the property as a convenience market, as conditioned, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and; - 1 - PC2009-* * * 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental ta the health and safety of the citizens of the City of Anaheim. 6. That *** persons indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project fal~s 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-05395 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim: BE IT FURTHER RESOLVED that this perrnit is approved without lirnitations on the hours of operation or duration of use. Amendrnents, modifications and revocations of this permit may be processed in accordance with Chapter 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 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. 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 February 18, 2009. 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 - 2 - PC2009-*** STATE OF CALIFORNIA ) COUNTY OF OR.ANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Cornmission held on February 18, 2009, 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 February, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2409-* * * ~+X I IT' rr~av COI~DIT'IONAI, I1SE PEI~ I'T 2008-05395 CUTTER RD ~EiGHBORS AvE GLEN AVE o so ~oa Source: Recorded Tract Maps and/or City GIS. Please note the aceuracy is +/- two to five feet. Feet 10702 - 4 - PC2009-* * * ~ I~I~ 6L~99 COI~I)I'I'IONAL IJSE PE IT I~O. 200~-05395 SI'Ol~iSI~I,E FOR I~TO. CONDITI01~1S OF APPROVAL M01~1IT0 1~1G ~F ~ T~~T~~ ~.i`~}~ ~ ~~~~~ ~~~~~ y~~ ~ ~ ~~ .'~~ ` "~ '- ~ ~~ ~ ~ . ~ dM ~~~~$/~:~~~,:~~,d/~..:~.,~~ r @,r +~ ~ , i' Y ~ ,~ %,~. ,{.„~' , , '~'~ ~ s^ ~ 1 Rooftop address numbers shall be painted on the roof for the Police police helicopter. The minimum size shall be 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing rnaterial. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. ~~ ~~~~~ 'fyf ~~~~~~ ~~~~~ ~~ ~~~~~ ° ~ 1 ' ` r'' ~~. 5~~ x.. ~ N ~~+'1: ~ ;~1~, t ~;" tl ls ,l, r' .,.. , CY ,...::k ,y~,;,,. 3, ~ ~ J,. r: 2 The 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 are on file with the Planning Department marked Exhibit Nos. 1(Site Plan) and 2(Floor Plan), and as conditioned herein. _ `~iENE ~ 'OI~ ~ ~ IN~ DZ~` GQ G PROJEGT O~?" ERA~ ~~~' ~ ~ ~~ ~ ~f ~ ~ ` ~ ~ ~~~ . r , , ,_ . , ~ f~~ .~ ` , ~..~ .~ ~ ° ~ ~ 3 No required parking areas shall be fenced or otherwise Planning/Code enclosed for outdoor storage uses. Enforcement 4 All exterior doors shall have adequate security hardware. Police 5 Rear entrance doors shall be numbered with the same Police address numbers or suite number of the business. Addresses shall have a minimum letter height of 4 inches. 6` The applicant/operator shall provide a comprehensive Police security alarm system for the following: • Perimeter building and access route protection. • High valued storage areas. ~ Perimeter fence and security gating. 7 The applicant shall maintain on file an Emergency Listing Police Card, Form APD-281, with the Police Department. 8 The applicant shall complete a Burglary/Robbery Alaxm Police Permit application, Form APD 516, and return it to the Police Department prior to initial alanm activation. - 5 - PC2009- SPONSI~I.E FOR 1~0. CONI)ITIONS OF APl'ROi~AL 1VIONIT'O NG 9 There shall be no exterior advertising or sign of any kind or Police/Code type, including advertising directed to the exterior from Enforcement 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. 10 No alcoholic beverages shall be displayed outside of the Police/Code building or within five (5) feet of any public entrance to the Enforcement building. 11 The area of alcoholic beverage displays shall not exceed Police/Code 25% of the total display area in a building Enforcement 12 The sales of alcoholic beverages shall be made to customers Police/Code only when the customer is in the building. Enforcement 13 No person under 21 years of age shall sell or be permitted to Police/Code sell alcohol unless under continuous supervision of an adult Enforcement 21 years of age or older. 14 Beer and malt beverages in quantities of quartz, 22 oz., 4 oz., Police/Code or similar size containers are prohibited and shall not be sold Enforcement in packages containing less than a 6 pack. 15 The possession of alcoholic beverages in open containers Police/Code and the consumption of alcoholic beverages are prohibited Enforcement on or around the premises. 16 The parking lot, shipping and receiving areas, driveways, Police/Code circulation areas, aisles, passageways, recesses and grounds Enforcement ~ contiguous to buildings of the premises shall be equipped -~~ with lighting of a minimurn one (1) foot candle power to illurninate 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. 17 There shall be no amusement machines, video game devices Police/Code or pool tables maintained on the premises at any time. Enforcement 18 There shall be no public telephones on the property that are Police/Code located outside of the building and within the control of the Enforcement applicant, - 6 - PC2009- 19 Wine shall not be sold in bottles or containers smaller than Police/Code 750 ml. and wine coolers shall not be sold in packages Enforcement containing less than a 4 pack. 20 Extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 21 That timing for compliance with conditions of approval rnay Planning 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. 22 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 regarding any other applicable ordinance, regulation or requirement. - 7 - PC2009- [ FT] A'I"I'AC 1VTENT l~ a 3 RESOLUTION NO. PC2009-* * * A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1 {EXISTING FACILITIES) AND APPROVING A DETERMININATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00055 (1151 NORTH EUCLID STREET) 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 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 a Type 21 ABC license to permit the sales of beer, wine and distilled spirits for off-premises consumption in conjunction with a proposed convenience market on certain real property situated in the City of Anaheim, County of Orange, State of Califorr~ia, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the Planning Cornmission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009, notice of said public hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of the AnaheimanMunicipal Code, Chapter 18.60 "Procedures", to hear and consider eviderice~or 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 Cornmission, 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 - PC2009-* * * 1. That California state law requires a Determination of Public Convenience or Necessity when property is located in a reporting district that has a crime rate above the 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 except when an applicant has dernonstrated that public convenience or necessity would be served by issuance of a license. 2. That Resolution No. 95R-134 autharizes 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 off-premises consumption is permitted by the Municipal Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consurnption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 3. That subject property is located within Reporting District 1421, which has a crime rate of 114% percent above the average. The population within the census tract allows for five off sale ABC licenses and there are presently four licenses in the tract. The population also allows for 10 on sale licenses and there are presently two in the tract. 4. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the sale of alcoholic beverages is ancillary to the overall product mix provided by the neighborhood-oriented convenience market. Moreover, the Police Department indicates no specific concerns related to off-premises alcoholic beverage sales and operation of this business, subject to compliance with conditions of approval. 5. That the traffic generated by the continued use of the property as a convenience market with off-premises alcoholic beverage sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and; 6. That the granting of the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens c~fthe City of Anaheim as the sale of alcoholic beverages is ancillary to the proposed market. The Police Department indicates no specific concerns related to off-premises alcoholic beverage sales and operation of this business, subject to the conditions of approval. 7, That *** persons indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subj ect 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, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Comrriission does hereby determine that the public convenience or necessity will be served by - 2 - PC2009-* * * the issuance of a license for the sale of alcoholic beverages for off-premises consumption at this location subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Cornmission 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 City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the 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 for this project. 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 February 18, 2009. 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. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-* * * STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 18, 2009, 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 February, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 4 - PC2009-* * * EX I~I'I' e~A~° PIJ I,IC CO1~VEl~IEI~CE O I~ECESSIT'~' PE IT' NO. 2~09-00055 f~IE~C,7HBORS AVE ~ ~ r ~ oe 1 ~ O a. ~ ~ 140' ~ } , ~ o ~ NF 0 ~ '. ~~ M J N` ~ , N ' ~ ~~ ~` 106~ 98'.:~ CUTTER RD - 5 - PC2009-* * * ~ ~D~ri' 6~99 1D 1 1~U~L,IC CO1~VE1~iIEI~iCE OI~ NECESSI'T~' 1'E IT' 1~0. 2009-00055 I~SPOI~TSI~~.E FOR 1~0. COl~iI)IT'IO1~TS OF APPI~OVAI~ 1VIOI~TITOI2YNG ~~N~ ~., ~. .. ~Ul1 ~~C?71~Cf DIX C~,PltOJE~Z`~OPER~TI~!~V,~" ~ tiF . ~~ W ~, , ~~ ~ ~. . ~ r x , ~ ~~-~, ~, ~ s~~ ~~ 1 There shall be no exterior advertising or sign of any kind or ' Police/Code type, including advertising directed to the exterior from Enforcement within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2 No alcoholic beverages shall be displayed outside of the Police/Code building or within five (5) feet of any public entrance to the Enforcement building. 3 The area of alcoholic beverage displays shall not exceed 25% Police/Code of the total display area in a building Enforcement 4 The sales of alcoholic beverages shall be made to customers Police/Code only when the customer is in the building. Enforcement 5 No person under 21 years of age shall sell or be permitted to Police/Code sell alcohol unless under continuous supervision of an adult Enforcement 21 years of age or older. 6 Beer and malt beverages in quantities of quarts, 22 oz., 4 oz., Police/Code or similar size containers are prohibited and shall not be sold ..,Enforcement in packages containing less than a 6 pack. 7 The possession of alcoholic beverages in open containers and Police/Code the consumption of alcoholic beverages are prohibited on or Enforcement axound the premises. 8 There shall be no amusement rnachines, video game devices Police/Code or pool tables maintained on the premises at any time. Enforcement 9 There shall be no public telephones on the property that are Police/Code located outside of the building and within the control of the Enforcement applicant. 10 Wine shall not be sold in bottles or containers smaller than Police/Code 750 ml. and wine coolers shall not be sold in ackages - 6 - PC2009-* * * SI'01~1SI~L,E F~R 1~10. CO1~I)ITIOI~S OF ~P120V~L, IVIOl~TITO l~iG containing less than a 4 pack. Enforcement 11 The 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 are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 12 Extensions for further time to cornplete conditions of Planning approval may be granted in accordance with Section 18.b0.170 of the Anaheim Municipal Code. 13 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 regarding any other applicable ordinance, regulation or requirement. - 7 - PC2009-* * * ~-STTr~C NT NO. 4 PItO,~CT S 1VIAR~' COI~T~ITIO~TAI, ~JSE PE IT 1~i0. 200~-05395 P LIC CO~E~IIEI~CE OR CESSIT~' NO. 2009-000~5 ~tanetards Parking Building and landscape setbacks 57 spaces proposed in retail center Abutting Euclid Ave: 195 ft. Abutting an alley: 5 ft. Abutting Glen Ave: 5 ft. 25 ft. 8 spaces required Front: 15 ft. Abutting an alley; 0 ft. xitting Glen Ave: 10 ft*. 25 ft. ~Existing building setback is legally nonconforming. No expansion to the building is proposed; therefore no variance is required. A'I'TAC l~]EN'I' 1~0a 5 Nmvemb~~ 26, 200~ Planning I~epartment City of Anaheim 204 ~outh. A.nahear~ ~oul.eva~d ~.t~.~,~~3.i11., ~~. ~~a.gQ3~ To Who~n It May Cancem: I arrz respectfu~ly request~rag a Ca~diti€~n~l ~3se ~e~nit (~~T~~ f~~r ~~i~ p~rp€~se of opening a c~r~~enience marlcet s~11_ing D oce~~es, tobac~o p~-c~du.~ts, sun~i-ies, atcoholic b~verages, etc. The location is an ex~sting shopping center lo~ated at 1~ 51 N. E~clid l~venue, l-~naheiin, CA. 92501 and the em~~y s~ace was a~id~o ~tore. The Video Store has cle~sed. I have verified witk~ the Depar.tnlent of Arc~hol~~ ~everage ~ontr~l ~ocated in Santa Ana District and have enclosed their. copy of the Cezlsus Tract / Undue C~ncentratian. The document states Nun~be~ of licenses a~law~a: 5 Numbe~ of ~;xis~:ing Iicenses 4. There i.s acleq~ate parking for a~:I the patrons af ~he shapping cen~er. Please review th~ applica~zon and approve n~y request for the CTJP. ~~~~~ o~ •.l V ~ ~~e 4H City of l~naheim IC A EN Special Operations Division ~..'S'.~y.,.,,... ht~' ~~`°S S.. S.L.~ i, G~ f rs:t~ ,::.:~ ~~~ ,., ~/~~ ~~~~ ,N!• ~'aPy~~~~ ~~~~ To: Scott Koe~nin I'lamning l)epa~rnent F'rom: I.,ieutenant Don Klein ~ ~` ~~ Vice, l~arcotics, and Criffiimal Intellxgence ~nreau Commander Date: I)ecember 15, 200~ ~: CLTl' 200~-05395 Convenience 1VIar~et 1151101. ~uclid St #C ~,nahei~n, CA 92~01 The Police Department has received an I.D.C. Route Sheet for CUP 2008-05395. The applicant is requesting a convenience market with sales of beer, wine and distilled spirits. The location is within Reporting District 1421, which has a Crime Rate of 114% above average. It is also within Census Tract Number 867.01 which has a population of 8,598. This population allows for 5 off sale Alcoholic Beverage Control licenses and there are presently 4 licenses in the tract. It also allows for 10 on sale licenses and there are presently 2 licenses in the tract. The census tract boundaries are: North 91 Freeway South La Palma East Euclid West Magnolia/5 Freeway Please see attached census tract map for on and off sale locatio~,~,in the near vicinity of this applicant. The census tracts surrounding this location are as follows;_ North - Fullerton Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.7b51 A 0 ] FAI: 7 ] 4.'765.1665 South - 867.02 On Sale allowed 7/active 6 po;pulation 6,646 Off Sale allowed 4/active 3 West - 868.02 On Sale allowed 6/active 0 population 5,359 pff Sale allowed 4/active 1 Memorandum Scott Koehm 1151 N. Euclid St #C East - 866.01 On Sale allowed 11/active 2 Additional Census Tract information: North West - Fullerton North East - Fullerton South West - 86$.02 On Sale allowed 6/active 0 South East - 866.02 On Sale allowed 7/active 3 population 9,872 Off Sale aliowed 6/active 2 population 5,359 Off Sale allowed 4/active 1 population 6,177 Off Sale aliowed 4/active 8 The Reporting District north of the location is in the City of 'Fullerton. The Reporting District east is 1422; it has a crime rate of 48°/a above average. West is 1420; with a rate of 37% below average, and south of the location is 1521; with a crime rate of 234% above average. The previous business has been closed for over a year so there have been no calls for service to this location. The Police Department does not oppose this request. This location was previously a convenience market with alcohol. We recommend that the business close at midnight due to the surrounding neighborhood and the fact that no other businesses are open that late in the strip mall. We request the following conditions be placed on their Conditional Use Permit: 1) There sha91 be no exterior advertising or sign of any kind or fype, including adver~ising directed to the exterior frorn°--~ within, promoting or indica~ing $he availability of alcoholic beverages. Infieroor displays of alcoholic beverages or signs which are clearly visible to the ~xterior shall consfitut~ a violation o~ this condition. 2) No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. 3) The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. 4) Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Page 2 Memorandum Scott Koehm 1151 N. Euclid St #C 5) No person under twenty-one (21) years of age shall sell or be permitted to seli any beer or vvine unless under con~inuoaas supervisiora of an adult 21 years of ag~ or older. 6) That beer anc! mait beverages shall not be sold ic~ packages containing less than a six (6) pack, and ~hat wine coolers shall not be sold in packages containing less thara a four (4) pack. 7) The possession of alcoholic beverages in apen containers and the consumption of alcoholic beverages is prohibited on or around these prernises. 8) The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernibfe the appearance and conduct of all persons on or about the parking Iot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 9) There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 10) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 11) The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any fihree (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 12) Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 13) The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. 14) lnline shall not be sold in bottles or containers smaller than 750 ml. Please contact Sgt. Allan Roman at extension 1451 if you require further information in regard to this matter. 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Y. ~ °'~ ~ ~ ~ *~~ ev av nx }--~ j~-~.~~.n ca.c cs c.~ i._'-x ^ ~m.3AtlVf10N'JtlW. . . .vaseas w~ a .al~e eeea c~e zp w I e ., ~ 4 J{ i ' ~ e n ., ~ c~ ~ ~ a ~ ,._ WEST ANAREIM NEIGHBORHOOD DF-VF-LOPMEJIT-C(#'(7NUD,,7"1,T-^'�17' For Building a Greater Anaheim I Febriiary 18, 2009 Planning Commissioners 201 S. Anaheim Boulevard Anaheiin, CA 92905 Dear Planning Commissioners: Due to two IT thereafter this .ieetings, al noon and 1:30 PM, and two appointme afternoon, I cannot be at the Planning Coli►mission meeting today. I did want to speak on the Cherry Orchard (Lincoln Inn) apartment project with which we have been involved For several years and am therefore writing this letter to you, Cary Frazier, Acacia, spoke to the WAND nand Use Committee at its meeting two weeks ago and we were pleased with tile changes he has made. We are especially happy to have only three-story buildings and not a four-story building. The buildings are well-placed on the property having the parking spaces on the west side of the property near the trailer park. The concept of one-story apartments with, two -story "tOwDbouse" apartments on top of the flirst story is a good idea along with a separate entrance for each apartment which really gives individuality to each apartment. Lastly the large community room is a definite asset to the residents. We a] I felt t1.1, as possible. I also it this is a good prqject and wish to see it proceed as would like to thank the Planning Commissioners for not allowing a four-story project to be built al this site, 1. f eel you have put both the community's wishes and theresidents' needs out in front in making this decision. This will be an apartment project Well Worth all the tine and epfolt put into it and one of which the corn.raunity can be proud. Sincerely yours. 17 Esther. Wallace WAND Chairman ITE NOe 6 PLANN~I~G COMMISSION AGENDA ~lty O~ ~Ila~lellll ~~ ~~ ~~~~~~ ~~~ I)ATE: ~~I~iJ~b2Y 1~, 2~~9 FI~OIVI: Y~Lr~I~1NING SERVICES 1VI1~Nr~GER I~I ERLY WONG, PROJECT FLANNER S~J~CT: CONI)ITIONr~L iJSE PE IT 1~10. 200~-05394 ~ I,IC COI~TVEI~1IEl~CE OR 1VECESSI~Y NO. 200~-00051 I,OCATIOI~1e 1685 West Katella Avenue APPLICAl~TT/P120PE1~T~' 0~1~R: The applicant is 7-Eleven and the property owner is Inc Aoun. ~2EQIJEST: The applicant proposes to establish a convenience market in an existing commercial building with a Type 20 (off-sale beer and wine) ABC license for the sales of beer and wine for off-premises consumption. ~COlVIlVl~~il)ATI01~1: Staff recommer~ds the Planning Commission adopt the attached resohitions, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2008-05397 and a Request for a Determination of Public Convenience or Necessity No. 2008-00051. ~r~CKGROITl~D: This property is developed with a commercial retail center and is located in the General Commercial {GG) zone. The Anaheim General Plan designates this property and the properties to the east and west across Euclid Street for general commercial land uses. The properties to the north are designated for low density residential land uses. The properties to the south across Katella Avenue are ~_ designated as neighborhood coinmercial. PROPOSr~L: The applicant is requesting approval to permit a 2,707 square foot convenience market within one of the tenant spaces. The sales of beer and wine for off-premises consumption is also proposed. Al~i1~LY~IS: The proposed use is conditionally permitted within the C-G zone. The code requires a conditional use perrnit for a market that is smaller than 15,000 square feet and for the sales of beer and wine. The market wou~d be open 24 hours a day and seven days a week. Alcohol sales would be limited to the hours between 6:00 a.m. and 2:00 a.m. by State Law. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2008-05394 February 18, 2009 Page 2 of 3 The Business and Professions Code provides that ABC staff 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. The Anaheim Police Department has indicated that this property is located within Reporting District 2022, which has a crime rate that is the same as the City average. This property is also located within Census Tract No. 876.02 which has a population of 7,354. This census tract allows for five of~ sale licenses and there are currently eight licenses in the tract. The proposed off-sale license would be the ninth license in the tract. State law requires a determination of public convenience or necessity when an alcoholic beverage license is requested for a property 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 census tract is already over concentrated with off-sale ABC licenses. Therefore, an additional ABC license requires a determination of public convenience or necessity. The attached statement of justification for deternunation of public convenience or necessity by the applicant indicates that the sales area for beer and wine would be incidental relative to the range of products of~ered in the market. The applicant states that the beer and wine sales area would be approximately three percent of the market's total sales area. The standard condition of approval in the draft resolution would permit this beer and wine display area to be up to 25% of the total display area in the building. The sales of beer and wine would make the market economically viable as it affects other complementary purchases. The applicant anticipates that beer and wine sales would account for approximately 12% of the store's overall sales. The Police Department is recomrnending approval of this license subject to the conditions of approval in the draft resolution. Code perrnits the sale of beer and wine in a convenience market for off-prernises consumption in the General Commercial zone subject to the approval of a condifional use permit. The proposed sale of beer and wine for off-premises consumption is a compatible use for a convenience market and will provide a convenience to customers visiting the market for everyday necessit-~es. COI~CI,ITSIOI`i: Staff believes that with the conditions of approval relating to restrictions on alcoholic beverage packaging, displays, signage, property maintenance and on-site consumption, the requested license would not be detrirnental to the area. Therefore, staff rec~mmends approval of the request. Respectfully submitted, Concurred by, ~~ ~, : ~~~~ ~~s~-- ~~ . ~~.~~~'°~ Principal Planner Planning Services Manager CONDITIONAL USE PERIVIIT NO. 2008-05394 February 18, 2009 Page 3 of 3 1~~~aC~1T1~Y1tS: l. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Draft Public Convenience or Necessity Perrnit Resolution 4. Police Department Memorandum 5. Police Reporting District Map 6. On-Sale ABC License Map 7. Off-Sale ABC License Map 8. Justification for Public Convenience or Necessity The following attachments were provided to the Planning Comrnission and are available for public review at the Planning Services Division at City Hall. 9. 7-Eleven, Inc. "Come of Age" Program 10. Site Photographs 11. Plans (Site and Floor Plans) ~ .l~ SALLIE LN GG WESTVIEW RS-2 VOCATIONAL SERVICES 1'D U EAC H RS-2 ~' ~`- z 1 DU EACH UZ~ o ~ ~ ~ Q Z ~ Q > SALLIE LN H W W ~ H ~ ~ J U ~ w N ~F M ~ 232 ' ~ CITY OF ANAHEIM BOUNDARY '~oe~ae~.a~ae~so~pe~ae~ea~ea~ao~ee~~.ee~ea~ae ~ : , ' ~ 0 , a , m a ' m ~ m ' m ' m ~ _ . _ _ .. . .. _ .. _ _ .. :. . .. . .. . .. _ .. _ .. . _ .. . .. .. .. .. .. _. .. .. _ _ .. .. _ . .. . . . . . . G 50 100 ~ . . . . .. . . .. . . . .. Feef ° February 18, 2009 Subject Property Conditional Use I'ermit No. 2008-05394 Public Convenience or Necessity No. 2008-00051 1685 VVest Katella Avenue F- W W ~ ~ ~ Q ~ Q F- RS-2 1'DU"'EA KATELLA AVENUE RS-2 VACANT F- W W ~ h- ~ W ~ Q ~ ~ Q U 10703 ~ SUMAC LN 716 ill rirTIC. f 7 ,6..t. e ..i....._ riIrl! 11147 1=i..t..__ Pi VEIL (1. IN:asji_ )0°' -7- W r. 1 7 ..!lidas__.:( 14,. ..1, 1: is a, 7 UV it 1- r 1 L k L g) SALI i ;:t L 4 MO1111r4111—.1 7 -k_ Wl. ILI 1 r 6 17b :40 4 III ism ar r 74 1,._.. 2; I.t., 4t: I__ warcrannxt r== 7 SALLIE LN 1' e z3,.., doir.,,,, J. c _...LL.4 et-,■• ski et i L 6 li r. I ..T, 1 4 1 .t I T ...1- 1*- CI 1/4 0FANA1-16M dauNDAR1;. 17.... I L.: t nt '.".".....4*"4.'"?...." i •U CITY,OF GARDEN GROVE BOUNDARY 7.: (Or" i 4 ..FAS:',1;•= Fr' 1 LI b c 1 Ilipreiz4iWzi 0 50 100 0 Feet February 18, 2009 -L7' t t l LI 1 ,f, r.: 3 WitAti Subject Property Conditional Use Permit No. 2008-05394 Public Convenience or Necessity No. 2008-00051 1685 West Katella Avenue r 1911 L. 11: .16.41 ta ...A...ft •r- 1 I 10 W. CERRITOS AVE 1 1C7 it Z 0 il a •18 D 7¢ co rc Iv C 't.i W. KATELLA AVE co I •pi.M8•111.111■•••• Il• to I I.- fa MI d 1 ;1 2 1 SI cri 111_11 1: I CJ) 5,AL !t; L:i r 10703 [ F'I'] r1TTAC EN'I' 1~ e 2 RESOLUTION NO. PC2009-* * * A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1(EXISTING FACILITIES), AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05394 (1685 WEST KATELLA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008-05394 to permit a convenience market and authorize a Type 20 (off-sale beer and wine) ABC license for off-premises consurnption 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 convenience market within the General Commercial (C-G) zone, and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Pla.nning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009, 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 "Procedures", to hear and consider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and siudy 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 a convenience market with the sales of beer and wine for off-premises consumption in the General Commercial zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Markets - Small and Alcoholic Beverage Sales - Off-Sale). _ ,r.. 2. ``~ That the proposed beer and wine sales would not adversely affect the adjoining commercial and residential land uses and the growth and development of the area in which it is proposed to be located because all business activities would remain inside the building. 3. That the size and shape of the site for the existing convenience market is adequate to allow the full developrnent of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because all sales and operations would remain inside the building. 4. That the traffic generated by the convenience market would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the convenience market is consistent with the types of uses along Katella Avenue and the business requires no more parking than any otk~er retail uses. - 1 - PC2009-* * * 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. 6. That *** indicated their presence at said public hearing in opposit~on; 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, and is therefore, exempt from the requirement to prepare additional environrnental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2008-05394 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated herein by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this perrnit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 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. 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 February l8, 2009. 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 - 2 - PC2009-* * * STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Comrnission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 18, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WIT`NESS WHEREOF, I have hereunto set my hand this day of February, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-* * * E~~I~T~~1' „~„ C~I~I)ITI~I~iAI, ~T~E I'E12I~I'T 1~10. 200~-05394 SUMAC LfV ~ ~ 0 J U ~ W H ~ Q ~ Q I-- KATE~LA AVE - 4 - PC2009-* * * ~ iDA•B' 66D94 BaBE A JD CONI)ITI01~1AL USE PE IT IVO. 200~-05394 SPOI~ISI~LE FOI~ I~O. COl~TI)ITIO1~dS OF Al'PROVAL 1VIOI~ITO I~TG GEN~ -, ONGOING D~IRING I'~Q.TECT OPERATIOIV No alcoholic beverages shall be displayed outside of the police/Code 1 building or within five (5) feet of any public entrance to the Enforcement building. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, 2 promoting or indicating the availability of alcoholic beverages. Police/Code Interior displays of alcoholic beverages or signs which are Enforcement clearly visible to the exterior shall constitute a violation o~ this condition. 3 The area of alcoholic beverage displays shall not exceed 25% of Police/Code the total display area in a building Enforcement 4 The sales of alcoholic beverages shall be made to customers Police/Code only when the customer is in the building. Enforcement 5 No person under 21 years of age shall sell or be permitted to Police/Code sell alcohol without someone 21 years of age or older present. Enforcement Beer and malt beverages in quantities of quarts, 22 oz., 40 oz., police/Code 6 or similar size containers are prohibited and shall not be sold in Enforcement packages containing less than a 6 pack. . Wine shall not be sold in bottles or containers smaller than 7 " 750m1. and wine-coolers shall not be sold in packages ' ~ containing less than a 4 pack. The possession of alcoholic beverages in open containers and police/Code 8 the consumption of alcoholic beverages are prohibited on or Enforcement around the premises. The parking lot, shipping and receiving areas, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings on the premises shall be equipped with 9 lighting of a minimum one (1) foot candle power to illuminate Police/Code and make easily discernible the appearance and conduct of all Enforcement persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the nozmal privacy and use of - any neighboring residences. - 5 - PC2009-* * * SPOl~tSI~I,E FOI~ NO. COI~iDITIOI~T~ O~' APPitOV~-SI, IVIOl~IT'O 1~1G There shall be no public telephones on the property that are police/Code 10 located outside of the building and within the control of the Enforcement applicant. The business owner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular police/Code 11 maintenance and removal of trash or debris. Any graffiti Enforcement painted or marked on the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. The rear door(s) shall be kept closed at all times during the 12 operation of the premises except in the cases of emergency and Police/Code to permit deliveries. Said door(s) shall not consist entirely of a Enforcement screen door or ventilated security door. The subject property shall be developed substantially in accordance with plans and specifications subrnitted to the City 13 of Anaheim by the petitioner and which plans are on file with Planning the Planning Department marked E~ibit Nos. 1(Site Plan ) and 2(Floor Plan), and as conditioned herein. 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 14 City, State and Federal regulations. Approval does not include Planning any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 6 - PC2009-* * * [ F'I'] r~'T'TAC 1VIENT NO. 3 RESOLUTION NO. PC2009-* * * A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1 (EXISTING FACILITIES) AND APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00051 (1685 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 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 concentratio~ 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 the sales of beer and wine for off-premises consumptzon (Type 20 License) in conjunction with a convenience market on certain real properiy 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 February 18, 2009, 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 - PC2009-*** 1. That California state law requires a Determination of Public Convenience or Necessity when property is located in a reporting district that has an over concentration of licenses 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 except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 2. 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, 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 area. 3. That subject property is located within Reporting District 2022, which has an"on average crime rate" of 0% percent above or below the City average. The population within the census tract allows for five off sale ABC licenses and there are presently eight licenses in the tract. The proposed license would be the ninth license in the tract. The population also allows for eight on-sale licenses and there are presently ten in the tract. 4. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the sale of beer and wine is ancillary to the overall product mix provided by the neighborhood-oriented commercial retail store. 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. 5. That the traffic generated by the continued use of the property as a convenience market with off-premises alcoholic beverage sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That the granting of the Determination of Public Convenience or Necessity 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 alcoholic beverages is ancillary to the proposed market. 'Fhe 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. 7. 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, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City 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 off-premises consumption at this - 2 - PC2009-* * * location subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Cornrnission 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 City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the 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 for this project. Failure to pay all charges sha11 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 February 18, 2009. 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. ~° ~ ~~ ~ CHAIRMAN, ANA~IEIM P~ANNING COMIVIISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COiJ~VTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolutian was passed and adopted at a meeting of the Anaheim - 3 - PC2009-* * * City Planning Commission held on February 18, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WIT`NESS WHEREOF, I have hereunto set my hand this day of February, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 4 - PC2009-* * * ~~ 3~i'T It A tl 1 A~ f~ PL1 I.IC CC)I~VEI~IENCE O NECESSIT'~' PE IT N(~. 200~-000~1 SUMAC LN F- ~ 0 J U ~ W ..~~.~..~..~..~..~..~.~~ ~ ~ t- . u~ - 0 _ J . ^ ~ ^ W ~ . . . H ~ 4 ~ Q F- _ _.~_ KATELLA AVE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- #vvo to five feet. 1070: - 5 - PC2009-* * * ~ AD~~A' bD99 d~D B li PiJ~LIC COl~VE1~TIENCE Ol~ I~tECES~ITY PE IT NO, 200~-00051 ~I'Ol~TSI~I,E FOR I~O. COI~iDITI0I~1S OF APl'IZOVAI. 1VIO1~IT0 I~1G ~ . , GE1V~ No alcoholic beverages shall be displayed outside of the police/Code 1 building or within five (5) feet of any public entrance to the Enforcement building. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, 2 ' promoting or indicating the availability of alcoholic beverages. Police/Code Interior displays of alcoholic beverages or signs which are Enforcement clearly visible to the exterior shall constitute a violation of this condition. 3 The area of alcoholic beverage displays shall not exceed 25% of Police/Code the total display area in a building Enforcement 4 The sales of alcoholic beverages shall be made to customers Police/Code only when the customer is in the building. Enforcement 5 No person under 21 years of age shall sell or be permitted to Police/Code sell alcohol without someone 21 years of age or older present. Enforcement That beer and malt beverages in quantities of quarts, 22 oz., 40 police/Code 6 oz., or similar size containers are prohibited and shall not be Enforcement sold in packages containing less than a 6 pack. " That wine shall not be sold in bottles or containers smaller than poli~e/Code 7 750m1. and wine-coolers shall not be sold in packages Enforcement containing less than a 4 pack. The possession of alcoholic beverages in open containers and police/Code 8 the consumption of alcoholic beverages are prohibited on or Enforcement around the premises. - 6 - PC2009-* * * SPOl~TSI~LE FOIt 1~10. COI~1)ITIOl~S OF' APPItOV~. IVIOI~I'I'ORI1~1G The parking lot of the premises shall be equipped with lighting of a minirnum one (1) foot candle power to illuminate and make ' 9 easily discernible the appearance and conduct of all persons on Police/Code or about the parking lot. Additionally, the position of such Enforcement lighting shall not disturb the anormal privacy and use of any neighboring residences. 10 There shall be no amusement machines, video game devices or Police/Code pool tables maintained on the premises at any time. Enforcement There shall be no public telephones on the property that are police/Code 11 located outside of the building and within the control of the Enforcement applicant. The subject property shall be developed substantially in accordance with plans and specifications submitted to the City 12 of Anaheim by the petitioner and which plans are on file with Planning the Planning Department marked E~cliibit Nos. 1(Site Plan) and 2(Floor Plan), and as conditioned herein. 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 13 City, State and Federal regulations. Approval does not include Planning any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 7 - PC2009-*** ~ P ~H% ~- ~~C~~ /O ,O` ,~ ~~, . ~ ~`~ F ~z U, )Y r ~ t~ \ lL~----~~'/ / : . NDEIJ_~ City uf Anaheim LICE E A T EN'T Special Operations Division r~T"I'.E1C E~T~' NOo 4 'To: Kamberly ~ong Platuning 1)epartment From: Lieutenant Don Klein ~ ~ `'~ Vice, Narcotics, and Criminal Intelligence ]Bureau Commander ~, ~` ~ p~C ~ ~~` 4 °~ ~~ ~~~~~~ ~~A~~7~~~ Date: December 15, 2008 R~: CUP 200$-05394IPCN 200~-00051 7-11 1685 '~'. I~atella Ave. Anaheim, CA 92804 The Police Department has received an I.D.C. Route Sheet for CUP 2008- 05394/PCN 2008-00051. The applicant is requesting to permit a convenience market with the sales of beer and wine. The location is within Reporling District 2022, which has an "on the average" crime rate, 0% above or below. It is also within Census Tract Number 876.02 which has a population of 7,354. This population allows for 5 off sale Alcoholic Beverage Control licenses and there are presently 8 licenses in the tract. It also allows for 8 on sale licenses and there are presently lO licenses in the tract. The census tract boundaries are: North Cenitos South Katella/Orangewood East 9`~' St West Euclid/Nutwood Please see attached census tract map for on and off sale locations in the near vicinity of this applicant: - `~ The census tracts surrounding this location are as follows: North - 876.01 On Sale allowed 6/active 0 South - Garden Grove Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 9?805 T'EL: 714.765.1401 FAX: 714.765.1665 ~ast - 875.01 On Sale allowed 7/active 40 population 5,157 Off Sale allowed 3/active 3 population 5,950 Off Sale allowed 4/active 14 Memoranduin Kimberly Wong 7-11 East - 875.03 population 7,110 On Sale allovred 8/active 17 Off Sale aliowed Slactive 4 West - 877.04 population 4,734 On Sale allowed 5/active 2 Off Sale allowed 3/active 2 West - Garden Grove Additional Census Tract information: North West- 877.04 population-4,734 On Sale allowed 5/active 2 Off Sale allowed 3/active 2 North East - 875.01 population 5,950 Qn Sale allowed 7/active 40 Off Sale allowed 4/active 14 South West - Ga~-den Grove South East - Garden Grove The Police Deparhnen~ has not responded to this location. This is tlle first tenant at this address. The Reporting .District north of the location is 1922; it has a crime rate of 106% above average. The Reporting District east is 2023; it has a crime rate of 131 % above average. West is 2021; with a rate of 65% above average, and south of the location is 2122; with a crime rate of 3% above average. The Police Department does not oppose this request. The Census Tract does have an over concentraCion of Alcoholic Beverage Control Licenses however we do not feel this use will be detrimental to the surrounding area. The Police De~artment rec~uests the following conditions be placed on their CUP: 1) No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. 2) There shall be no exterior advertising or sign of any kind or type, including adve.rtising directed to the exterior from within, promoting or indicating the availability of alcohalic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 3) The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Page 2 Memorandum ICimberly Wong 7-11 4) Sale of alcoholic beverages shall be made to customers only when the customer is in the building. 5) The sales of beer or malt beverages in quantaties of quarts, 16 oz., 22 oz., 32 oz., 40 oz., or similar size containers are prohaloited. No beer or malt beverages shall be sold in quantities of less than six per sale. 6) The ~ossession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. 7} There shall be no amuseinent machines, video game devices, or pool tables maintained upon the premises without pro~er permits. $) There shall ve no public telephones on the property that are located outside the building and within the control of the applicant. 9) The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall rnaintain 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 Anaheirn official when requested. 10) Any Graf~ti painted or marlced upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over witliin 24 hours of being applied. 11) The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. 12) No wine shall be sold in bottles or containers smaller than 750 ml. 13) No person under twenty-one (21) years of age shall sell or be permitted to se11 any beer or wine. 14) Wine coolers shall not be sold in packages containing less than a four (4) pack. Please contact Sgt Allan Roman at extensioi~ 1451 if you require further infonnation in regard to this matter, (J+ ~~ f:lhome\mmirwin~2008-05394 1685 W. Katella 7-1 l.doc Page 3 ~ f ' / ~ ~ ~ a ~ " ° f ~ . ~ ~ ~ s .~ a ~ E ~, ~ ~ _ ~ ~ . ~ ~ - Y ,~; O i ~ f .: ~ e i . I _ "'..5.~,. 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J wag z.~n.S ~ ° ~i~y~~3~~ a ° ~ N °aYS~ ~c~ ~ ~ ~a ~ >o ~ ~ w u . a n > :1 ~ ~o ~m z ~O ~o » z O r ~~ z o vi ~m z O » z O E n ~~ z .....t &.,... a ~ ~- N[ ~ P H~ O I~ tt] a ~ O i~ ~ a ~ ~ ~ a ~ ~ ~~ ~ ~ ~ a ~ N t~~ 1~~ N N N N N N N N N , i . ~ Q s=~ i ~~. O `~' ' ' , ~ e ,~ ' ~ t ~. - - i . . ~ , ~ f_. _-- -, - ~;:.~r~ ~~~~~~ - ~~ ~ ~ i ' zr , ~ ~ , ~ - i f~.. , f ~ '.~ N~~.o o y i i t ; ~_ ,: ~, ~ O; d a ,i ' l~.: ,~ ry°°~ i ~. ' __` .. ~ ~ ~'. ' ~Minv~ _ ~ ? ~ ~Ovy z ~~N ~ ~ i ~ ~i ~ i; . :O~~a ' 0000 ' j ~ ~ ~ ~ r~ t ~ V~ ! a~IMO ~~ ' 00 O ~ O ` ` ~ m ~v ~ ~ i € r ~ . I ,- . ~ ._.. :._ ., ,~ p . ~, * = m .. . ~ ~ ~~ ~ p ! .. _ .. ._..___ ___ ___ , LS 411JM13 i ' ~ ~ '~ fO'N-c~ N ~~'v ^, . ~ : is ali~fB .., ....,..~ _ ., 'u^-:,,, - i: ' : ~ °- C ~ - 0000 0 Q ~i ~ . a ` ~. r ~ ~ ~ t I ; _ ~i O d ~ ...~ ~~ ~ ~ I .. - -~i ~~ ' ~ ~ ~: 'L' ' t I ~ ~ ~~ ~ j.: - ' ' - i . c-; I M ri { ~ I , - [ , ~~~. ' ~ ~~f ~~.w ~ t ,~~~NN ` - 6 . l I '. ' ~ .~ I , ~.f ~V ~ `~.. . ~ ^ C. W N _ ^ _ gV ~ , I t : ~ ~ ~N _ i ~ ~I~ c i `I ~` - - _ < i 0000 ~ r .1 t t.~i ~- ~ t " k •~ ` ~ I ~ = ~ ~ ~ " ; - ~ - ~ , ~ i ~s~ ~ - ~ } . _~ __ ii ;~ ~ ` ' ~ ~ ~ ~ ~ ~ r . _~~- , ~ : i - ~- _- _ - "~ _ ! ~ ~ L:. }1! :A ~ I i i-. 1 ` ~~'Z'E~~~ ~+ ~~' ~~. ~ Page 4 of 5 7-Eleven PCN20Q8-00051 1685 W. Katelfa Ave ATTA~U~~EhJT' A Pe~i$i~ner's Sta~ernenf mf J~stofication ~or Pu~iic Coraver~i~nce or N~c~ssi~y {PCN) , 1. The business will be a 7-Eleven convenience store, with sale$ of beer and wine for offsite consumpfion. P~r the preliminary floor plan, we've earmarked 5 of the 11 cooler doors setling refrigerated products in the store, and 1 end cap; shelf for these protlucts. Totaf estimate of 40 st space al(ocated tca alcohol sales within our ~1,800 sf'sales area; (apprax. 3°fo of selfing area will las dedicated to beer/wine). Although beer and wine producfs are only a portion ofi 7-Eleven goodlservices we offer, we have seen'that lack of this product offering do severety affect other complementary ., purchases wifh noticeable decrease in a 7-Eleven's safes potential. As such, having beer/wine makes the enfire project much more ecanomically viable. 2, We are located within census tract na. 876.02, population 7;354. Presently there are 8 , licenses vrrith 5 license allowance far this'tract. ABC ticensees (currentj Gensus Tract 87s.02 Active Lic# T' e Address 1 GIRCLE K 394846 24 206U S EUGLI~ ST 19i 2 ~OOp FOR l.ESS 267116' 2'I 1816 UV KATEL,LA AVE 3 BIG LOTS 275632 20 '1874 W KATELLA AVE 4 CVS' 438370 21 1fi60 W KAT~LLAAVE ~ . 5 VEECO FQOD STOREB 438797 21 1500 S EUCLID ST 6 GONZALES LIQUOR MARKET 403998 21 1945 W KATELLA AVE 7 P 8, J LIQUOR 362449 21 1679 W KATELLA AVE' S FOUR STAR MARKET 277039; 21 1863 W KATELLA AVE° As a convenience-stbre business rnodel, we require beer/wine as part of our product offering {referenced in paints #'1 and #3)> ~-Eleven will be the 2"d Type-20 (icensee, while ~ the otherofF:sale premises caker#o type'21 (hard L.iquor}. 3'. There is a residential neighborhood (fow to medium density) immediately to the north (Anaheim) of the project site. No schools are in the immediate viciniry, The proposed 7- Eleven willbe part of the existing ~wen Pfaza, which has undergone substantial improvements and renovations within the pasf year, compiamenting the Disney Beautification efforts by the City ot Anaheim at this heavy commuter intersection. The current month-to-month P&J Liquor esfablishment, will soon transition out of C)wen Plaza. They operated their business solely as a liquor store here. There have been no alcohol-related incidents' at this site that we are aware ofi, from P&J Liquor operation. We are confident a national carp: as 7-Eleven wil) sustain and enhance this locati~n, and contribute'to the surrounding residential/cornmercial vitality. We will offer more product conveniences to current immediate patrons as well:as cornmuters (pass-fhrough} customers of Euclid and Katella thoroughfare. Typically, commuters whife on their way home purchase this type ofi'product from work along with'other food and sundry offenngs so that fhey do not -'~- Page 5 of 5 7-~leven PCN2008-0005'i 1685 W. Katella Ave have to make another stop on the way home. These products are ofFered as a convenience for these customers, including tirne efficiency savings, au#o fuel consideration, safety probability for consolidation of trip frequencies, etc. . - Moreover, we ar~ seaking Type20 license and' not hartl-Iiquor Type 21 as previous tenant P&J, and shall fulfill a mor~ expansive selectian of freshly prepared food itams, daily need sundries, beverages for all age brackets (not just 21 yrs or older}. ,lust to name a few` of; aur 7-~leven selections. 3. Beer and wine sales are not a large portio~ of the store business by tlaBar amount, and we ~re estimating approxirnately 42%, (based on market average for this trade area). Additional note: if the store does not include beerand wine, experience shows thaf many customers will do ali of their shopping af another (ocation thaf is selliqg beer ~nd wine as well. Therefore the overalf economic impact on the profi#ability af ihe store is significa~t. 4. 7-Efeven has extensive training and Safety Pragram, (see attached 7-Eleven Corporate information package) for employees so fhat the sales of#hese products will not negatively impact the community. As a globally recognized and sr~cially responsibls Fortune 100 reteiler, employer and Franchisor- 7-Eleven strives arduously to assuage any arod all implications associated with sobriety and social consequences from irresponsi6le aicoho~ sales/consumptions through aggressive training, communications and regulated saies af these products. 5. 7-Eleven provides a convenient place for commuter and for local residence to pick up food and sundry. Our'store wilf complement the other businesses in that customer can stop by and pick up other faotl items not sold at the five {5) other fast food facilities nearby. There are na major groceries or daily neetl markets in the immediate commercial zoned establishments at Euclid & Katella, aside from Food 4 Less and local mom-and=pop markets. The efFcient mar{cet convenience of our 7-Eleven w111 satisfy this absence. (See aerial map of retail generators within ~he immediate vicinity} 24hour convenience will offer a safe d~stination for many businesses in the area, after narma! haurs of operafions. For example, Disneyland employees, especially 3`~ shift cast membecs, can benefit from our 24haur'convenience antl product offerings toffro the Magic Kingdam via this Katella and Euclid junction. 6~ 7-Eleven has extensive traini~g of ernployees to ensure that these praducts are sofdn4~ responsi6ly, and that no:underage customers can purchase age restricted items. 7-E(even do~s not allow any such items to be consumed on th~ premises, no loitering ar other behaviors that could have a negative impact on fhe image of the 7-E{even or the immediate neighborhood. No pay phones or video games will be insfalled, and no adult magazines will be sald'as these also have negative impacts. 7-Eleven will be happy to provide in=depth details of our training and security programs that work to make sure these sales are done responsibly, See attached: 7-Eleven, IRC. "Gome of Age" program ~ community information The license request is for`an off-safe type 201icer~se for Beer and Wine. This is not an existing license; this wil[ be a new license. -5- ~ ~~ ~Resldential ~`~~~~~~~ ~ ~~~~~~ ~ ~~~,.~„_:. , Commercial Offf ce Opan Space Sahnols ~ ~ ~`~ ~ ~ si~~ ~ ~9 016990' ~~r~o~a~c ~t~a~ in # ANA~4~1129~ ~EC K~~elfa ~ Eucl~d An~h~Om, CA ~at 33.~032 ~on~ -1~7.941 Po~ o~~si~ o.~ ~,~ 7~,~ a~,~ 9,fi'~ 0 7,923 9,393 Kimberly Wong Fromm: EQumamiaciO0@bso.com Sent Wednesday, February 18.2ODQQ:3QAK4 To: Kimberly Wong Subject: PC 02/18/09, Item 6 Dear Ms. Wong, My name ha Michele Ego. I live on Sumac Lane which is directly behind the strip mail located on the corner of Katella and Euclid Avenue. VVa already have a liquor store in the strip mail. VVEDD NOT NEED A7-11.P&J liquor store has been there for many years and has served our neighborhood well. They are a nice family run business and deserve to stay where they are. There is not enough parking in the parking lot for the businesses that are already there let alone a new 7-11. In the 14 years that I have lived in the area I have seen how are neighborhood has gone down hill and how the car and foot traffic has increased significantly. PLEASE O[}US ALL A FAVOR AND JUST SAY NO|! Sincerely, Michele Ego Kim From: JANET RIGBY Uanetrigby @sbcglobal.net] Sent: Wednesday, February 18, 2009 11:28 AM To: Kimberly Wong Subject: PC 2/18/09 Item 6 Dear Miss Wong, I'm emailing you in regards to PC 2/18/09 Item 6. I live at 1661 W Sumac Lane in Anaheim, CA. We are near the corner of Euclid and Katella where the 7 -11 is proposed for the strip mall on that corner. I've lived here since 1975. My grandparents lived here since 1961. I've seen the neighborhood change and grow over the last 40+ years. Some changes have been better than others. This is already an overcrowded corner with several businesses, a small parking lot, on a busy intersection, with difficult entrances and exits. A business, such as 7 -11, will attract even more traffic to an already busy corner resulting in increased traffic incidents. One only has to linger outside the 7 -11 at the corner of Ball and Euclid, less than 1 mile away to see the kind of issues that a 7 -11 will bring to our neighborhood. Among these are vagrancy, drugs, gang activity, prostitution, and numerous other activities. We, the neighbors, have been battling these activities for years, with some success. A 7 -11 in our neighborhood will make this battle near impossible. P &J Liquor, already established in that strip mall, has served this neighborhood well for several years. A 7 -11 will detract business from this small family owned business. They are good business owners, keep their storefront clean and free from the above mentioned issues, that I believe, will not be addressed by a large corporation. 7 -11 cares about making money, they don't care about our neighborhood, they have no invested interest in our neighborhood. P &J Liquor is established, is invested in the community, and deserves the opportunity to remain in business as part of our community. Please do not approve a 7 -11 at the corner of Euclid and Katella. We don't need it, we don't want it, and we don't support it. I implore you to listen to the community and serve their needs, not the needs of big business. Best Regards, Janet Rigby ITE NOe 7 PI. ING CO ISSIOI~ t~GE A POR'I' City of Anaheim PIJA~TINCl ~PA T El~`T I)ATE: FE~12iTARY 1~, 2009 ~'I~ONi: I'LAl~I~iI1~1G SEI~~ICE~ 1~iAGEIt TEI) ITE, PRO.~CT PI,A1~T1~iE1~ SiJ~JECTc AlVIE1~1i)ME1~T 'TO COl~il)I'TIOI~AI~ USE PE I'T 1~0. 2007-05293 LOCATI01~1: 2000 East Gene Autry Way, 2000 South State College Boulevard and 2379 East Orangewood Avenue (Angel Stadium of Anaheim) APPI~ICANT/PROPEItTY OdVNER: The applicant is Raymond Smith with Federal Heath Sign Company on behalf of Angels Baseball. The property owner is the City of Anaheim. QLTEST: The applicant requests an amendment to a previously-approved permit to allow two electronic readerboard signs on the "Big A° sign at Angel Stadium of Anaheim. CONdMENi)r~TION: Staff recommends that the Planning Commission adopt the attached resolution, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving an amendment to Conditional Use Permit No. 2007-05293. BACKGROiJ1~TD: This property is developed with a regional sports and event facility (Angel Stadium of Anaheim) and includes two existing electronic readerboard signs. It is located in the Public Recreational, Platinum Triangle Mixed Use Overlay Zone - Stadium District (PR (PTMU)). The General Plan designates this property and surrounding properties for mixed use land uses. The SR-57 Freeway and ~~nta Ana River are immediately east of this property. Conditional Use Permit No. 2007-05293 to permit the modification of two legally non- conforming electronic readerboard signs within the Angel Stadium of Anaheim parking lot was approved by Commission on February 20, 2008. Modifications to the "Big A" sign included the replacement of an existing electronic readerboard on the north side of the sign with a new LED electronic readerboard and the replacement of an existing static display panel on the north side of the sign with an LED electronic readerboard. Improvements also included updating the lighting technology on the vertical and "halo" elernents of the pylon sign. No changes were proposed on the south elevation of the sign except repainting existing surfaces. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 ~ www.anaheim.net AMENDMENT TO CONDTTIONAL USE PERMIT NO. 2007-05293 February 18, 2009 Page 2 of 3 PROPOSAI.: The applicant proposes to modify the previously-approved plans for the "Big A" sign, Plans indicate the replacement of the existing 2,268 square foot electronic readerboard on the north side of the sign with a smaller 1,728 square foot LED electronic readerboard. In addition, the Angel Stadium identification sign on the south side of the structure would be replaced with a 1,728 square foot LED electronic readerboard. The existing static advertising panels on both sides of the sign located above the proposed electronic readerboards would remain in place. An approximately 700 square foot iconic "A" logo would also be added to the sign. This proposal includes updating the lighting technology on the vertical and "halo" elements of the pylon sign. No modifications to the previously-approved plans for the freestanding sign adjacent to State College Boulevard are proposed with this request. A1~TALYSIS: Electronic readerboards are allowed within the PR (PTMU) zone, subject to the approval of a conditional use permit. Electronic readerboards are defined by Code as "a changeable copy sign upon which the copy is displayed or changed by electronic means". Electronic readerboards are limited to displaying messages and advertisement of goods and services rendered on-site. In comparison, the Code defines billboards as "a sign of any kind or nature whatsoever used to advertise (i) any business, industry, entertainment or activity not conducted, or (ii) any goods or other tangible items not produced, sold or available, or (iii) any services or other intangibles not available or rendered, on the premises upon which such sign is located; provided, however, such term shall not include any regional guide sign, nameplate, temporary real estate sign, identification sign or on-site advertising sign as such terms are defined in this chapter. Such term shall also not include any notice posted by any public officer in the performance of an official duty, or any directional, warning or informational sign required or authorized by any federal, state, county or local authority." Billboards are prohibited by Code. Therefare, neither of the proposed electronic readerboards are permitted to display or advertise any goods or services that are not sold or rendered on-site. Due to its proximity to the SR-57 Freeway, the "Big A" sign is also regulated by the State of California, Outdoor Advertising Act (ODA). Consistent with the. Anaheim Municipal Code, advertising of off-site goods and services is prohibited on freeway-oriented signs along the SR- 57 Freeway because the segment of freeway is designated as a"Landscaped Freeway". Staff is supportive of the request in that the proposed modification will result in one electronic readerboard on each side of the Big "A" sign. It will also reduce the number of readerboards visible at the same time to vehicles travelling on the SR-57 Freeway. In addition, the proposed iconic "A" logo is consistent in scale, proportion and design with the Big "A" sign. CO1~iCI~iJSI01~1: Staff recommends approval of the proposed request because it will bring the existing legal non-conforming electronic readerboard into cornpliance with Code and further, that the proposed modifications are significant enhancements to the technology and aesthetics of the existing sign. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007-05293 February 18, 2009 Page 3 of 3 Respectfully submitted, Concurred by, ~, ~ ~D'~.3'~~~ ~a~ ~ ~.~G~ ~. G~.~S~~ ~ ~ ~ Principal Planner Planning Services Manager At~aclaanents° 1. Vicinity and Aerial Map 2. Draft Resolution The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 3. Plans 4. PC Staff Report and Resolution - February 20, 2008 5. Site Photographs J ti uauunirej 0 050 300 Feet KATELLA AVE i11 ORANGEWOOD AVE I Sign Locations I February 18, 2009 Subject Property PR (PTMU) TCUP 2007 -05293 CUP 2007 -05293 ANGEL STADIUM 1;445 _I p h i Conditional Use Permit No. 2007 -05293 (Tracking No. CUP2008- 05397) 2000 East Gene Autry Way, 2000 South State College Boulevard and 2379 East Orangewood Avenue (Angel Stadium of Anaheim) ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. ATTACHMENT NO. l us !.D N m W W W N EI(ATELfAAVE-U a 1 N Ul E. OR N EWOOD AVE i a E. CH AVE 10704 c 150 Feet February 18, 2009 IMIN 3400 Subject Property Conditional Use Permit No. 2007 -05293 (Tracking No. CUP2008- 05397) 2000 East Gene Autry Way, 2000 South State College Boulevard and 2379 East Orangewood Avenue (Angel Stadium of Anaheim) N 0 ItJ u E KATELLAAVE p A E. ORANGEWOOD .VE E. CHAPMAN AVE 0 J o PIP r t 10704 [ FT] ~TTAC NT 2 RESOLUTION NO. PC2009-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 1V0. 2007-05293 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTIOIV NO. 2008-23 (TRACKING NO. CUP2008-05397) BE GRANTED {2000 EAST GENE AUTRY WAY, 2000 SOUTH STATE COLLEGE BOULEVARD, AND 2379 EAST ORANGEWOOD AVENUE) WHEREAS, on February 20, 2008, the Anaheim Planning Commission adopted Resolution No. 2008-23 granting Conditional Use Permit No. 2007-05293 to permit the modification of two legally non-conforming electronic readerboard signs within the Angel Stadium of Anaheim parking lot, including the "Big A" sign, at 2000 East Gene Autry VVay, 20Q0 South State College Boulevard, and 2379 East Orangewood Avenue; and WHEREAS, this property is currently developed with the Angel Stadium of Anaheim and is zoned Public Recreation (PR) Zone, Platinum Triangle Mixed Use (PTIVIU) Overlay and the Anaheim General Plan designates this property ~or Mixed Use land uses; and WHEREAS, the Anaheim P~anning Commission did receive a verified Petition to amend Conditional Use Pernut No. 2007-05293 (Tracking No. CUP2008-05397) to pernut two electronic readerboard signs on the "Big A" sign at Angel Stadiiim of Anaheim for certain real property situated in the City of Anaheim County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated her~in by this reference; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009, 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 arid`sfudy 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: l. That the proposed amendment to perrnit two electronic readerboard signs on the "Big A" sign at Angel Stadium of Anaheim, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.20.030.020 and 18.44.050.010. 2. That the proposed amendment would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the proposed modifications to the existing Big "A" sign are compatible with the primary use of the property as a regional sports and events venue; and - 1 - PC2009-*** 3. That no traffic would be generated by the proposed modifications to the existing Big "A" sign as they are an accessory marketing device for the regional sports and event facility and would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 4. 'That granting this amendrnent to the conditional use permit, under tk~e 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. NOW, THEREFORE BE IT RESOLVED that the Anaheim City Planning Cornmission has reviewed the proposal and does hereby find that a Class l Categorical Exemption in connection with Conciitional Use Permit No. 2007-05293 (Tracking No. 2008- 05397) is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2007-05293 to permit two electronic readerboard signs on the "Big A" sign at Angel Stadium of Anaheim pursuant to Code Section 18.60.190 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend, in their entirety, the conditions of approval in connection with Planning Commission Resolution No. 2008-23, as adopted in connection with Conditional Use Permit No. 2007-05293, to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are hereby tound 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. BE IT FLTRTHER RESOLVED that, except as expressly amended herein, the provisions of Planning Commission Resolution No, 2008-23 shall remain in full force and effect. BE IT FURTHER RESOLVED that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendments to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheirn Municipal Code. 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 herein 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. - 2 - PC2009-*~=* 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. 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 February 18, 2009. 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 rnay be replaced by a City Council Resolutzon in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Flanning Comiriission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Comrnission held on February 18, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ~~ IN WTI'NESS WHEREOF, I have hereunto set my hand this ~~iday of , 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-*** ~~~I~~~ vv~Tr ~01~1I)I'~'IOI~TAL i.TSE PE ~T I~d~.l. 2007-05293 KA1 0 > J LO W C~ W J J ~ U W I-- ~ ~ ~ EXH[I~IT 66~99 CO1~T1)ITIONAI, LTSE PE IT ~i0. 2007-05293 (T12ACI~YI~1G NO. CiJ~20~~-05397) SPONSI~LE NO. FOR C01~1DITIOI~S OF APP~ZOVAL IYIONITO1tING The locations for any above-ground utility devices including, but not limited to electrical transformers, water backflow devices, gas, communications, and cable devices, etc., shall be shown an 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.) and shall be subject to the review and approval of the appropriate City departments. Any required relocation of Ciry electrical ~acilities shall be at the developer's expense. 2 On-going during project operation, the property shall be permanently maintained in an ordezly 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. On-going during project operation, the advertisement and display of goods and services on any display surface, including the electronic readerboards and any static display surfaces on the two signs (Big "A" sign and State College Bl. freestanding sign), shal~ be limited to those goods and services that are sold or rendered on-site. The display or advertisement of goods and services that are not rendered on-site shall be prohibited. 4 On-going during project operation, all advertising on the "Big A" sign shall __ comply with the provisions of the "Outdoor Advertising Act" set forth in Sections 5200, et seq., of the California Business and Professions Code. 5 On-going during project operation, the two signs shall be continually maintained in a "like new" condition. Planning Code Enforcement Code Enforcement Code Enforcernent Code Enforcement 6 The subject property shall be developed substantially in accordance with plans Planning and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1 through 3 and Exhibit Nos. 4 and 5 of Conditional Use Permit Na 2007-05293, and as conditioned herein. - 5 - PC2009-k** SPO~SI~I,E NO. ~OR CON~ITIOI~IS OF APPROi1AL 1VIONITOI~I~1G 7 Approval of this application constitutes approval of the proposed request only to Planning the extent that it comp~ies 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. - 6 ~ PC2009-*'"a` ITE NOe ~ P~.,ANNI~TG CO ISSION AGEN A C~ty of Anaheim PI,~I~TING I~EP1~R'TMEN'T I)ATE: ~~I~LTr~I~Y ~~, 2009 FROlVI: PI,AI~I~ING SERVIC~S 1VIA1~IAGE~ VA1~IESSA ~012WOOD, P120~CT PLA~TI~EI2 SLT~J~CT: ZO~TI~1G COl)E E1 I~I9IVI~I~T' NO. 200~-OQ076 I~OCr~TI0~1: Citywide APPI,ICAl~T: City of Anaheim Planning Department IBEQ~ST: This is a City-ianitiated request to amend Title 18 (Zoning) of the Anaheim Municipal Code. ItECOIVIlV~I~1Dr~TI01~: Staff recommends that the Planning Commission, by rnotion, determine that this action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code and recommend to City Council that the attached draft Ordinance for Zoning Code Amendment No. 2008-00076 be approved. ~ACKGROiJl~i~: A comprehensive update to Title 18 (Zoning Code) was adopted by the City Council on June 8, 2004. Since its adoption, Title 18 has been amended from tirne to time on an as-needed basis. A1~IALYSIS: The Planning Director has initiated the proposed Zoning Code aamendment that would serve to eliminate "Automotive-Car Sales, Retail or Wholesale (Office Use Only)" as a specific land use category, and instead~include all car dealerships under the existing and mare general "Automotive-Car Sales & Rental" category. There are three types of automobile dealer/brokers that are currently allowed to operate under the existing "office use-only" provisions of the Zoning Code. Per the California Department of Motor Vehicles (DMV), the three types of office use-only dealer/brokers are categorized as Vehicle Retail Sales, Vehicle Dealer-Wholesale Only or Vehicle Autobroker. These businesses are typically located in small office buildings, and oftentimes there are several of these dealer/brokers in one of~ce building, or even one suite. The DMV requires one display space per office use but the dealer is prohibited from openly advertising the availability of the vehicle through the use of "for sale" signs, flags, balloons, etc. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: {714) 765-5280- www.anaheim.net ZONING CODE AMENDMENT NO. 2008-Q0076 February 18, 2009 Page 2 of 2 These dealer/brokers are currently permitted by right in most commercial zones, and as a result, display vehicles often displace the required parking for other employees and customers on the site. The display vehicles are also frequently parked on public streets, either near the dealer/broker's office, or along major streets where there is greater exposure. The City has received several complaints regarding the fact that these uses impact the availability of parking spaces along arterial streets and attract passer-by customers. Because these dealer/brokers are treated differently than traditional car dealers, which require a Conditional Use Permit, they enjoy an unfair advantage, and create greater land use impacts to nearby neighborhoods. In the past staff has attempted to address the impacts to on- and off- site parking by putting "side notes" on the DMV Property Use Verification form (Attachment 2). Property Use Verification Forms are forms completed by a city acknowledging that a specific type of dealer/broker is pernutted at a specific location. The Planning Director is recommending this Code Amendment in response to a Navember 3, 2008 DMV letter sent to all cities regarding the use of side notes on Property Use Verification forms for new DMV licenses (Attachment 3). This letter prohibits the practice of cities placing conditions on the Land Use Verification form. The conditions previously added by staff ~ncluded operational limitations such as prohibiting on-site repair work, prohibiting open advertising, and limiting the number of display spaces. Eliminating the Automotive-Car Sales, Retail or Wholesale (Office Use Only) land use class would require such dealerships to obtain a conditional use permit prior to their establishment. The conditional use permit process would allow the City to review these businesses on a case by case basis and apply conditions of approval that are specific to the proposed operation and will help ensure that the overconcentration of such businesses in a specific location does not negatively impact surrounding businesses or residential neigk~borhoods. Under the proposed ordinance, existing dealers would be "grandfathered" in their current locations and the requirernent for a conditional use perrnit would only apply to new businesses. Respectfully submitted, ~ f~~%~~G~~ G''~'~~I ~~ ~ Principal Planner Concuned by, 6~ ~,~n. ~` ~~ ~st~~ Planning Services Manager t~ttachments: 1. Draft Ordinance 2. Property Use Verification Form 3. DMV Letter (November 3, 2008) 4. Citizen letter (February 8, 2008) ORANGETHORPE AVENUE LA PALMA AVENUE LINCOLN AVENUE BALL ROAD KATELLA AVENUE CHAPMAN AVENUE Citywide February 18, 2009 wu, w °m w �o m q ¢r O w mp tit; J d Sm Stl N y W Zoning Code Amendment No. 2008 -00076 ATTACHMENT NO. 1 z 3 C1U2 862 41r.....My gg,, s 10672 L~~~1,~ ~~ ~~. ~ ORDINANCE NO. XX AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIIVI MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION l. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the sarne is hereby, amended as follows: 1 Alcoholic Beverage Sales- C C C C C Conditional use permit not Off-Sale 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- C C C C C On-S ale 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- T T T T T Subject to § 18.3~.060 and Telecommunications- Stealth 18.62.020 Building-Mounted Antennas- T T T T T Subject to § 18.38.060 Telecommunications- Stealth Ground-Mounted Antennas- N N N N N Telecommunications Ground- Mounted (Non-Stealth) „~ ~ Automotive- Public Parking C C C C C Automotive- Parts Sales C P P N N Automotive- Repair & C C C N N Ivlodification Automotive- Service Stations C C C C C Subject to 18.38.070 2 Automotive-Washing N C C C C In p-L and O-H Zones, must be accessory to an Automotive-Service Station use Bars & Nightclubs C C C C C In O-L and O-H Zones, must be accessory to and integrated with an office building Bed & 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 P P P P P Services Cemeteries N N C N N Commercial Retail Centers C C C N ' N Community & Religious C C C C C In O-H Zone, must be Assembly clearly accessory to and integrated with an office building Computer Internet & N C C C C In O-L and O-H Zones, Amusement 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 § 18.38.110; in O-L and O-H Zones, must be clearly accessory to and integrated with an office building Dance & Fitness Studios- N C C C C In O-H Zone, must be Large clearly accessory to and integrated with an office building 3 Small clearly accessory to and integrated with an office buzlding, otherwise requires a conditional use permit Day Care Centers C C C C C Drive-Through Facilities C C C C C EducationalInstitutions- C C C C C Business Educationallnstitutions- N C C C C General . Educational Institutions- P P P P P Subject to § 18.36.040.050 Tutoring Equipment Rental-Large N C C N N Equipment Rental-Small C P P C C In O-H and 0-L Zones, must be clearly accessory to and integrated with an office building Group Care Facilities C C C C C Subject to § 1~.36.0~0.070 Helipads 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 Medical8i Dental Offices P P P P P _ __ _ _,~~. Mortuaries 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 4 must be clearly accessory to and integrated with an office building Plant Nurseries N C P N N Subject to §§ 18.3~.190 and 18.3~.200 Public Services C C P C C Recreation- 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-Commercial C C C C C In O-L and O-H Zones, Indoor must be clearly accessory to and integrated with an office building Recreation-Commercial C C C C C Outdoor 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 & C C C C C Tennis Table 8-A ' P=Permitted by Right PRIMARY USES: COMMERCIAL ZONES C=Conditional Use Pernut Required ' N-Prohibited T=Telecommunications Antenna -° - Review Permit Require~v GNC C-R GG O L O-H Special Provisions Repair Services-General P N P N N Repair Services-Limited P P P C C In O-L and 0-H Zones, must be clearly accessory to and integrated with an office building Research & Development N C C C P 5 Restaurants-Drive-Through N C C C C Subject to § 18.3~.220 Restaurants-General P P P C C Subject to § 18.38.220 Restaurants-Semi-Enclosed C C C C C Subject to § 18.3~.220 Restaurants-Walk-Up C C C C C Retail Sales-General P P P P P Subject to § 1~.3~.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 P P P N N Merchandise Room & Board N N C N N Self-Storage N I N C N N Sex-Oriented Businesses N N P N N Subject to Chapter 18.54 Smoking Lounge P P P N N Subject to Chapter 4.22 and § 18.38.260 Stt~dios-Broadcasting C C P C C Studios-Recording N N P C C In O-L and O-H Zones, must be clearly accessory to and integrated with 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 Veterinary Services C C C N N Wholesaling N C C N N Shall be accessory to a Retail Sales use 6 SECTION 2. That Table 10-A (Permitted Uses: Tndustrial Zone) of Section 18.10.030 (Uses) of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as follows: J ~ I ~ Special ~rovisions ( I ltesiclential Classes of iJses I I I Mobile Home Parks C l~ion-Residential Classes of iJses Agricultural Crops P Alcoholic Beverage Sales-0ff-Sale C Alcoholic Beverage Sales-On-Sale C Ambulance Services P Anima~ Boarding C Antennas-Telecommunications- N Ground- Mounted (Non-Stealth) 7 (A'I'M' s) Automotive-Car Sales & Rental C Subject to 1838.200 ,~, ( `n,• C.` ., I ~ ~, I~ .~t.,; l ., YF I~i- r ~t= T r ~ ~ ~ ., +c Automotive-Irnpound Yards C Subject to l 8.38.200 Automotive-Public Parking C Automotive-Parts Sales C Automotive-Repair & C Modification Automotive-Service Stations C Subject to l 8.38.070 Automotive-Washing C Bars & Nightclubs C Billboards N Boat & RV Sales C Subject to 18.38.200 Building Material Sales C Not more than 30°Io of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to §§ 18.38.190 and 18.38.200 Business & Financial Services C Community & Religious Assembly C Dar~ce & Fitness Studios-Large C Dance & Fitness Studios-Small C Day Care Centers C -- ~- Drive-Through Facilities C EducationalInstitutions-Business C Educationallnstitutions-General C Educational Institutions-Tutoring C Subject to § 18.36.040.050 Equipment Rental-Large C Conditional use permit not required if conducted entirely indoors (Ord. 594~ § 8; September 28, 2004.) 8 Equipment Rental-Small P Helipads & Heliports C Hospitals C Hotels & Motels C Industry-Limited P Industry-General C Junkyards 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 primary permitted use Oil Production C Subject to 18.38.180 Outdoor Storage Yards C Subject to 18.38.200 Personnel Services-General C Laundromats are subject to § 18.38.150 Personnel Services-Restricted C Plant Nurseries P Subject to §§ 18.38,190 and 18.38.200; retail only requires a conditional use pernut 9 Research & Development P Restaurants-Drive-Through C Restaurants-General C Restaurants-Semi-Enclosed C Restaurants-Walk-Up C Retail Sales-Household Furniture C Retail Sales-General C Retail Sales-0utdoor C Self Storage C Sex-0riented Businesses P Studios-Broadcasting P Studios-Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Utilities-Major C Utilities-Minor P Veterinary Services C Warehousing & Storage-Enclosed P Wholesaling P Subject to 1 ~.38.220 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 Subject to 18.38.220 Permitted by conditional use permit only if the retail sales portion of the business occupies a minimum of 50,000' sc~uare feet of building floor area Industrially-related only Subject to §§ 18.38.190 and 18.38.200 Subject to City Council Policy No. 7.2 Subject to Chapter 18.54 Subject to 18.38.200 10 SECTION 3. That subsection .010 of Section 18.36.040 (Types of Uses) of Chapter 1836 of Title 18 of the Anal~eim Municipal Code be, and the same is hereby, amended as follows: 1~.36. 4 N N- S EN It~L ]P ~ A Y LJSE CI.ASS~S. O10 "A" Use Classes. Agricultural Crops. This use class consists of the growing of field crops, trees, vegetables, fruits, berries, and nursery stock, but does not include the raising of animals for commercial purposes. The accessory retail sale of products grown on-site is also included. Alcoholic Beverage Sales-Off-Sale. This use class consists of establishments that sell alcoholic beverages of all types for consumption outside the building in which they are sold. This and Alcoholic Beverage Sales-On-Sale are the only use classes that allow the sale of alcoholic beverages. Typical uses include liquor or grocery stores and convenience markets selling alcoholic beverages for off-site consumption. Alcoholic Beverage Sales-On-Sale. This use class consists of establishments that sell alcoholic beverages of all types for consumption within the building in wk~ich they are sold or in an accessory outdoor dining area. This and Alcoholic Beverage Sales-Off-Sale are the only use classes that a11ow the sale of alcoholic beverages. Typical uses include bars, wine bars, brew pubs, and rest~ur~nts that serve alcoholic beverages. Ambulance Services. This use class consists of establishments that offer a service of providing vehicles for transporting the sick or injured. Overnight storage of such vehicles is included, but vehicle maintenance is not. Helipads used for Arnbulance Services are subject to the provisions of the Helipads use class. Animal Boarding. This use class consists of facilities for the medical treatment, grooming care, breeding, or overnight accornmadation of more household pets than are allowed as an accessory use to a residential use, but does not include the care, treatment, breeding or accommodation of large animals, such as horses, sheep or hogs. 11 Anirnal Grooming. This use class consists of facilities for the grooming of household pets, but does not include overnight accommodation or other activities covered by Animal Boarding or Veterinary Services. Antennas-Broadcasting. This use class consists of transmitting antennas or transmitting and receiving antennas used for the purpose of broadcasting radio, television or other electronic signals. Antennas-Private Transmitting. This use class consists of ground-mounted, arnateur-operated radio transmitting towers and/or antennas. Amateur-operated radio towers and/or antennas that are used only for receiving signals are considered an allowed accessory use. Antennas-Telecommunications. This use class consists of transmitting and receiving antennas used for the purpose of relaying telephone and data transmissions. Automated Teller Machines (ATM's). This use class consists of cash dispensing machines that are typically located on an exterior building wall or as a stand alone facility. Such uses are not considered a separate tenant space when associated with a commercial retail center. Automotive-Car Sales & Rental. This use class consists of establishments offerin~ ~-the sale, long-term lease, or rental of new or used automobiles, motorcycles or motorized scooters, including automobile auction facilities. • ~ ,~ ,`I'l~is use class also incl~~des offi~ce use-~~nly reta~il, wholesale and ~utobroker o~erations. Automotive-Impound Yards. This use class consists of facilities used for the temporary storage of vehicles that have been involved in accidents. It does not include the repair or dismantling of vehicles. Automotive-Public Parking. This use class consists of outdoor parking lots or parking structures, either publicly or privately owned, where they are the primary use of the property and not accessory to another use. Any parking lot used for overnight parking shall be considered `Warehousing & Storage- Outdoors' . Automotive-Parts Sales. This use class consists of the sale of new or reconditioned~parts used in automobiles;~motorcycles, trucks and similar vehicles, but does not inchide the on-site installation of such parts or lubricants. Automotive-Repair and Modification. This use class consists of services such as body work, conversion, installation of parts, modification, painting, repair, smog check and tire installation for automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles. The repair of trucks is considered `Truck Repair and Sales'. Automotive-Service Stations. This use class conszsts of gasoline stations, including ancillary convenience retail and auto services. Service stations that contain any repair bays are considered `Automotive-Repair and Modification'. 12 Automotive-Washing. This use class consists of establishments providing hand-operated, self- service, or mechanical automobile washing services, and may include detailing. SECTION 4. That Section 18.38.065 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code is hereby deleted. 1~ ~ ~~ ~ ~T'~f' ~l~f ~~~7~.a ~a ~ ~~a'~ ~ ~~ 0 ~ 0 ~ . . F.. ~ , . , , ~ , ~ ~ - . .~ . . , ~ u~ t i-1~ .~.~t .~ll~.ir r~FF~n~_~~ n~~ .~ r:1t~r] .~ r.l<~o~~ . ~ ,u ~ SECTION 5. 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 elirnination here from of any such portion as may be declared invalid. SECTION 6. SAVINGS CLAUSE 13 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 oardinance, insofar as they are substantially the sarne as ordinance provisians previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 7. PENALTY It shall be unlawful for any person, firrn or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or cozporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefore as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anal~eim held on the day of , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the day of , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: By ATTEST: CITY CLERK OF THE CTTY OF ANAHEIIVI C~I'Y OF ANAHEIM MAYOR OF THE CITY OF ANAHBIM 14 r~~'TACH EI~T NOo 2 ~~.~,~, an~nnnnrerrwuoma vt~c~e A Public Sarvice Agency QCCUPAT3QNAL LIGENSING SE~ION ~~~~~ ~~~ ~~ ~~~~~~~~~ ~~~ ~~ ~~~~ ~~ L~ ~~ ~~~~~~~ lassfruc~fons: This form is ~o be compieted (in ink) by an a#ficla! of the agency responsible far property use in your area, pursuant to Government Gode Section 6685d, and subm'rtted with your application tor license ta a department fnspector. ln cannec#ion with ar~ app(ication fior a Vehicie Dealer's License to be submltted to the ~epartment of Nlotor V~hicles by: BUSIP[ESS ARDRESS CITY S7ATc Z~P COC1E I hereby cert'rfy that the praperty iacated abave is (check ane ot the followin~); ~ Approved for #he operation af Vehicie RstaiE aal~s (affice, sign, and display area mandat~ry), ^ Approved fior the aperation ofi a Vehicle DeaEer-'Wi~oiesale Onfy, no retail sales (office manc~a#o~r). ^ A~proved for the opera#ion af a Ve~icfe Autabroker, no retail sales- (office and sign rnar~da#c~ry). ~ I~ot approved far #~e operation of a vehicle dealer busin~ss. ~ NnMS -" pL NUMBER ~i OL 902 (R'EV.~5@003'y . ,~~-_ ATTAC 1VIEI~T NOo 3 State pf California Bus~ness, 'h~ansportaEion and Houeing .4gency ~ ~~~. ~. ~~.~~ : l~Tovember 3, 2008 'I'c~ : Occupational Li.censing Inspection Sta£f ~'r~~n Ga~l k'o~g ~~~~~~t : Property Use Vera.fication Forms De~xartment of iVIotor'Vehieles This rnema ~s to inform everyone tha~ efFective imrr~ediately Praperty Use Verificati~n F~rms c~f any tYPe will not be ~ccepted when th~y contain a{terations. Mar~Y pia~r~ing departmer-fs o~ten stipulate to agreem~nts ~utside ff~e questians ask~d on the fo~m(sj. Such pfanners can no langer v~rrite side notes or~ our form. They must only check the ~ppro~riate bax. Each Praperty Use Verifiication ~orm must be carr~pf~ted in its ~nfrrety uvithout alterat~~r~s (side nofies), V11hen Prope~ty Use Verification Forms are submitted wifh side notes, r~ject the farrn and application and requesfi thaf a ne~+ ~orm be submitted wi~haut notes. ~~~k~~-~~nd: Ti~e deparfiment cannat honor or ~n#er inta agr~eme~ts f~r proper#y use ather tf~an those ques#ions asked on o€~r form. For example, an, OL902 was accepted and submitted v~rith the foliawing - the bax "app~oved for the op~ra#ion af v~hicfe Retai[ Sal~s ~o~#ice, s€gn, and dispf~y area mandatory") was checked. However, there was a side note that incfica~ed th~s was for c~ne year pending changes. We received a ca€I from the plan~ing comrnissiar~ requesting that the license be cancelied ~ecause the licensee had not ad#~ere~ to fihe changes. Un~ortunat~ly, there is nothing in statu~ that states we can cance( a license for th~s reason; Each plan~ing office must khaw upfront that once they apprave ~he praper~y #or business use, the form car~no~ and vvill not be rescind~d. If yau have ~ny questions regarding tF~is memo, please do not hesitate fio cor~tact me. _. ~_. Thar~~C yn~a in advar~ce far your caapera~io~-. Origina/ Signecf GAIL FONG, ivianager Occupational ~.icensing Inspectian Program cc: Office Files ATTr~C 1VJ[E~1'I' NOo 4 Piann9ng Co~mESSion CiYy o~ J~na~eirm A~tn: ii~a~ 200 S. An~heim ~ivd., Sth ~loor Anaheim, CA 92805 Feb~ua~yy g, 20tD9 D~ar Pl~n~ing Commission; P am ~rriting as a n~tiu~ ~r~d i~fe long residen~ af Ar~aheirr~ to ~xpress a~rowing cortcer~a that ! hav~ no~iced over ~he last r~umber of ye~rs. 1'his issue is ~he growing nurnber of used cars fpr sate "advertised" by sin~le car dealers ar~d park~d along major streets in our city. !~y concem sterr~s frarn kwo rna0or r~a~ons: citizen safety and th~ de-beautificcation draw on aur ~ity. Firs~,1 will a~ldr~ss the issue of safe . 1~av~ no~iced rr~any major streets ira o~ar city a lar~ge accurri~tation of cars for sale, sometirr~es t~p t~ 30 ~ars in arsy or~e Is~catiar~. For ~xar~ple, on Rliagnoiia ~efi~v~en Cr~scent and La Palr~oa right in fros~t o~ th~ Peter I~arshall Elem~~tary sch~ol a~d park, I ~ipeca{!y se~ ao~~h~re fr~m 20 to 30 cars park wi~h €or sale signs right in frant of the schoo! and park; it has been getting worse as &irr~e goes ~n. 1 travel this stree~t each day to at~d fr-om rrsy way to work, so 6 have no~iced ~he hazards from this act~vit~. Speci~ically, fhese "used car lots" cr~a~~ ~ra~ic and congestion rrvi~h people slowing dot~n to look, anc! +n many cas~s abrup~t6y stoppir~g and p~lling ~ver cu~ting people off whc~ are trave9ing on ~he stree~. ! ca~not att~st to ~he nu~nber af accicl~~~s irr this are~, but I have se~n a numbes of ciose calis. S~condly, I o~ten s~e ~~r~r~is strugg4e to drop ~ff or a p6ck up ~h~'sr kids, as ~h~y have to rnaneu~r~r aro~a~d these cars far sal~ to s~~ o~comisrg kraffiie #o p~a3f ocat. 7his is a drug ~ree zone, but these c~rs ~e~r sa1e, ~rtay also serve as a cc~ver for illega! activ~ty ri~ht in front o~th~ schoo9. Along the same lira~, there is a bus st~p in this ~rea, sa wha~ 1 have seen is the bus driver cnae~euverir~g arp~~d these ~ars to pac$c t~p ~4~eir pass~r~gers. This str~g~i~ p~°es~r~ts another unsaf~ s€taaatian ~c~r ~h~ pass~ragers, kids at schaof, and people traveting this stree~. ~.as~1y, a bit further do~orr~ on Magnolia, ~3~e~e cars fs~r sale aiso ~ak~ up sp~ce for people uv~ra waUld like to u5e ~he park. This has the ef~~ct of people aueiding the park, becaus~ of ~nwa~ted cars ~for sale are #aking ~p ~reed~d space. tikewise, ksoov~ring tha~ these "~ased car lots" pose a series of safe~~s Mazards, it wauld ~e unfior~unate if scsm~~r~e ~nrere haar~ becaus~ of non-aetion to rid ghe city of these "used car lots.° For Ches~-r~o~s, the "used car iots" ar~d siragle car dealers ar~ creati~g a hazardou~ densify of peop3e in o~e are~ for ~he kids and peopla in the nei~hbtsrborad, aa~d thase who tcav~{ along #Viagnolia aa~d oth~€ ~la~es in ~he c~ty. U~oderstand the ac~ivi~y at Magnolia is fvpica! of wh~fi ! have seen at ather "used ca~- iot" #ocations. Second, ~he issue of de-be~utifica~ion is also an issue. 1~lhile the city on or~~ hand strives ar~d ~r~anc~s to create p~rks arad other pleasing visual s6~es, ~hese "used ca~ lflts," greatly detract from these e~orts. Mor~over, fhey greatly d~tract a~tci degraa!e ~he surrounding r~eighbcarhoads. Especialiy in the hard 0COf101'i'lIC ti17l~S 4hl8 ~P"~ ltl, many people are tryi~g to sell their home. These used cars Pots o~ly d~tract from praperty val~ae. 8~ not seliiro~ their horr~~, fih~y have ~co view these "~sed car lots" each tirr~e ~h~y I~ave and co~e into Eheir neighborhoods. To be hor~es~, as a n~tive and iife long resider~fi 'sn ~a~~he~m, it is very d9sappoir~ting to knaw that ~hese "used car io~ls" ar~ fegal. Sta~dard car dea~ers hav~ !ots and I ~nrould advis~ ~hat i€ any or~e wishes to sefler ~~ar that th~y tase o~her ~eans Hke ti~e en~eb, the p~per and other m~ar~s a~ fihere disp~sa9, n~e p~b0ic stree~s paid ar~d rvaair~tained bg~ p~blic doliaa~s. Frank9y, I re~tly car~not see wha$ the singde car dealers be~ing to rhe ci~yy, exc~pt I~azards a~d de-beautific~tian to #he community. Tda~r~,~ore, l~s~ tfre PIB~BTBY639~ COG3?IYid5~6~9'6 $~ ~~69~' ~89~ ~83~ ~~b1 CfSfS dBC~dl~9~~ 6B8 Q}8/~' Ci3`~P. 1 da not take ~his matt~r lightly and look farw~rd ~o h~aring ~rour plan o~ action a~d i~plereaentatiora about th'bs distr~ssing act6vit~r a~ross our ci~y. ~hank yr~u in adva~ce fo~ your at~e~t~a€~ ta this mat~er. Sinc~re4v, ~ ;-~~ ~ -~ ~ ~..~~~~~ .~~.. r ~% ~~~'. i L ~./ ~/ .~2'~ ~YI~~'1$