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PC 2009/03/16• Call To Order • Implementation of SB 375 Workshop (Presented by Planning Staffl - 2:00 P.M. • Recess To Pubiic Hearing • Reconvene To Public Hearing 2:30 P.M. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Commission Updates • Discussion • Adjournment 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 writin4s or documents qrovided to a maioritv of the Planning Commission reparding any item on this aqenda (other than writinqs leqally exempt from public disclosure) will be made You may leave a message for the Planning Commission using the iollowing e-mailaddress: ~la,nninqcommission@anaheim.net H:\TOOS\PC Admin\PC Agendas\(03/16/09):doc Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Minutes ITEM MO. 1A Receiving and approving 3he Minutes from the Planning Commission Meeting of January 5, 2009. Note: Meeting minutes have been provided to the Planning Commission and are availaale for review at the Planning Department. ITEM NO. 1 B Receiving and approving the Minutes from the Planning Commission Meeting of February 18, 2009. Note: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. ITEM MO. 1C Receiving and approving the Minutes from the Planning Commission Meeting of March 2, 2009. Note: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. fUlotion Motion Motion 03/16/09 Page 2 of 9 Public Hearina Items: ITEM MO. 2 ZOPlING CODE AMENDIVIENT NO. 2009-00079 Request for Continuance to March 30, 2009 Applicant: Planning Department City of Anaheim Motion 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Citvwide Request to amend Chapter 1.12 {Procedures); Chapter Projecr P(annec 14:60 (Transportation Demand); Chapter 17.08 Vanessa Nonvood (Subdivisions); Chapter 18 18 (Scenic Corridor (SC) vnorwood~anaheim.net Overlay Zone); Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone); Chapter 18.36 (Types of Uses); Chapter 18.38 (Supplemental Use Regulations); Chapter 18.42 (Parking and Loading); Chapter 18.44 (Signs); Chapter 18.46 (Landscaping and Screening); Chapter 18.56 (Nonconformities); Chapter 18.60 (Procedures); Chapter 18.62 (Administrative Reviews); Chapter 18.64 (Area Development Plans); Chapter 18.66 (Conditio~al Use Permits); Chapter 18.74 (Variances); Chapter 18.92 (Definitions);Chapter 18 114 (Disneyland Resort Specific Plan No.92-1); Chapter 18.116 (Anaheim Resort Specific Plan No.92-2); Chapter 18.118 (Hotel Circle Specific Plan No.93-1); pertaining to Zoning Administrator authority, drought tolerant landscaping provisions, freestanding sign provisions within the Scenic Corridor (SC) Overlay Zone and approval/appeal procedures for various zoning actions. Environmental Determination: The proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 21080 of the Public Resources Code. 03/18(09 Page 3 of 9 ITEM fVO. 3 ZONING CODE AMENDMENT NO. 2p09-00080 Motion Applicant: Lederer-Anaheim, LTQ 9200 Sunset Boulevard, 9`h Floor Los Angeles, CA 90069-3604 Greg McCafferty The Sheldon Group 901 Dpve Street, Suite 140 Newport Beach, CA 92660 Location: Citvwide This is a request to amend Title 18 of the Anaheim Project Planner. Municipal Code to allow up to four Carnival and Circus ScottKoehm permits per year on properties located in the General skoenm~anaheim.net Commercial (GG) Zone. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 4 (Minor Alterations to Land). NOTE: A request for approval of a conditional use permit for the Anaheim Indoor Marketplace to permit up to four Carnival and Circus permits per calendar year was advertised, but is no longer requested since the zoning code amendment, if approved, would allow up to four Carnival and Circus permits per year on certain properties over 12 acres. 03/16/09 Page 4 of 9 ITENi NO. 4 CONDITIOMAL USE PERMIT NO. 2009-05415 Resolution No. Owner: CIM Group Inc. 6922 Hollywood Boulevard, 9~h Floor Hollywood, CA 90028 Applicant: Susan Hashioka Epicurean School of Culinary Arts 8500 Melrose Avenue, Suite 103 West Hollywood, CA 920069 Location: 270 South Clementine Street: This property is located at the northeast corner of Clementine Street and Broadway. Request #o permit a private culinary arts school. Project Planner: Della Herrick Environmental Determination: The proposed action is dherrick~anaheim.net Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). NOTE: A request for approval of a variance to permit fewer ,parking spaces than required by code was eliminated as adequate parking is proposed for the culinary arts school. 03/16/09 Page 5 of 9 ITEM NO. 5 COMDITIONAL USE PERMIT NO. 2008-05382 Owner: Wilson Tri Freeway LLC 1630 South Sunkist Street, Suite A Anaheim, CA 92806 Applicant: Krysti Galvin RREEF 1630 South Sunkist Street, Suite A Anaheim, CA 92806 Location: 2111 West Crescent Avenue: This property is located at the northeast corner of Crescent Avenue and Valley Street. Request to permit a trade school for environmental training. 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). Resolution Plo. Project Planner. Della Herrick dherrickQanaheim. net 03/16/09 Page 6 of 9 ITEM NO. 6 CONDITIONAL USE PERMIT iVO. 2009-0540y Owner: Thrifty Oil Company 13116 Imperial Highway Santa Fe Springs, GA 90670 Applicant: Alex Gurski WD Partners 16808 Armstrong Avenue, Suite 100 Irvine, CA 92606 Location: 1881 West Ball Road: This property is located at the northeast corner of Ball Road and Nutwood Street. Request to convert a forrner service station building into a convenience market. 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). Resolution fi~o. Project Planner: David See dseeQanaheim.net Adjourn to Monday, March 30, 2009 at 2:30 P.M. 03/16/09 Page 7 of 9 CERTIFICATION OF POSTIMG I hereby certify that a complete copy of this agenda was posted at: 12:00 p.m. March 11 2009 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~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 written correspondence delivered to the Planning Commission or City Council at, or prior to, the pubtic hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps wiil be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at (714) 765-5139. 03/16/09 Page 8 of 9 SCHEDULE 2009 March 30 April 13 April 27 May 11 May 27 (Wed) June 8 I June 22 I July 8 (Wed) July 20 August 3 Augustl7 August 31 September 14 I September 28 ( October 12 October 26 November 9 November 23 (cancelled) December 7 December 21 (cancelled) 03/16/09 Page 9 of 9 ITEM NO. 2 PLANNING COMMISSION AGENDA City of Anaheim PLANNING DEPARTMENT DATE: MARCH 16, 2009 FROM: PLANNING SERVICES MANAGER VANESSA NORWOOD, PROJECT PLANNER SUBJECT: ZONING CODE AMENDMENT NO. 2009-00079 LOCATION: Citywide APPLICANT: City of Anaheim Planning Department REOUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim Municipal Code to amend Chapter 1.12 (Procedures); Chapter 14.60 (Transportation Demand); Chapter 17.08 (Subdivisions); Chapter 18.18 (Scenic Corridor (SC) Overlay Zone); Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone); Chapter 1836 (Types of Uses); Chapter 1838 (Supplemental Use Regulations); Chapter 18.42 (Pazking and Loading); Chapter 18.44 (Signs); Chapter 18.46 (Landscaping and Screening); Chapter 18.56 (Nonconformities); Chapter 18.60 (Procedures); Chapter 18.62 (Administrative Reviews); Chapter 18.64 (Area Development Plans); Chapter 18.66 (Conditional Use Permits); Chapter 18.74 (Vaziances); Chapter 18.92 (Definitions);Chapter 18.114 (Disneyland Resort Specific Plan No.92-1); Chapter 18.116 (Anaheim Resort Specific Plan No92-2); Chapter 18.118 (Hotel Circle Specific Plan No.93-i); pertaining to Zoning Administrator authority, drought tolerant landscaping provisions, freestanding sign provisions within the Scenic Conidor (SC) Overlay Zone and approval/appeal procedures for various zoning actions. RECOMMENDATION: Staff recommends that the Commission continue this request to Mazch 30, 2009 to allow time for staff to finalize the requested amendments. Respectfully submitted, Con urred by, ~~~ qe~~- Principal Planner Plan ing Services Manager 200 S. Anaheim Blvd. Suite #762 Anaheim, CA 92805 Tel: (774) 765-5139 Fax: (714) 765-5280 - www,anaheim.net ITEM NO. 3 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: MARCH 16, 2009 FROM: PLAIVNING SERVICES MANAGER SCOTT KOEHM, PROJECT PLANNER SUBJECT: ZONING CODE AMENDMENT NO. 2009-00080 LOCATION: Citywide. APPLICANT: The applicant is Greg McCafferty with the Sheldon Group, representing Lederer-Anaheim, Ltd. REOUEST: The applicant proposes to amend Title 18 "Zoning" of the Anaheim Municipal Code to increase the number of circus and carnival permits allowed on certain properties. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that a Class 4 Categorical Exemption serve as the appropriate environmental documentation and recommend to the CiTy Council that the attached draft Ordinance for Zoning Code Annendment No. 2009-00080 be approved. BACKGROLTND: A comprehensive update to Titie 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. Circus and carnival requirements aze included in Title 18 (Zoning), Title 3(Business Licenses) and Title 4 (Business Regulation) of the Anaheim Municipal Code. PROPOSAL: The applicant proposes an amendment to permit up to four circus and camival permits per calendar year on commercially zoned properties that are lazger than 12 acres and that aze not directly adjacent to residentially zoned pazcels or residential uses. The applicant is also requesting that circus and carnival permits for properties lazger than 12 acres not be counted towazds the total number of Special Event Permits allowed on a property each year. ANALYSIS: The Code currently permits up to rivo circuses and camivals for any property during any calendaz yeaz subject to approval of a permit by the City. Staff has discretion to approve or deny a circus or carnival permit and can also include conditions of approval to minimize impacts to adjacent uses. The proposed amendment would allow the opportunity for up to four circus and carnival permits on properties that aze 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 ~ www.anaheim.net ZONING CODG AMENDMENT NO. 2009-00080 March 16, 2009 Page 2 of 3 commercially zoned, that aze lazger than 12 acres, and that aze not directly adjacent to residential zones or uses. Two circus and carnival permits per calendar year would continue to be allowed for properties 12 acres or smaller. 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 applicanYs proposaL• Proposed Code Amendment: Circuses and carnivals require a regulatory permit so City staff can review the proposed operation and ensure the activities will not result in negative irnpacts to adjacent properties, such as traffic congestion, overflow parking or excessive noise. The applicanYs request limits the additional two permits per calendar yeaz to commercially zoned properties of 12 acres or lazger which generaily have higher volumes of tr~c and activity. As indicated in the attached letter of justification, the applicant had initially requested this code amendment to require properties to have a minimum of 500 pazking spaces to qualify for the additional permits. After discussing this, staff and the applicant agreed that this provision is not necessary as these larger properties generally have su~cient space to accommodate on-site parking. Staff would continue to review each permit, and apply appropriate conditions of approval. For these reasons, staff believes that it is appropriate to amend the Code as requested. The Code permits up to four Special Event Permits per proper[y per calendar year. A Special Event Permit is required for "any event, promotion or sale sponsored by a business, shopping center or organization which is held outside the confines of a building, whether or not a business licanse is required, and which may include (or be limited to) the outdoor display of inerchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games, booths or similaz amusement devices, whether or not a fee or admission is chazged for such event." A Carnival or Circus would count as a special event. The applicant is requesting that Circus and Carnival permits not be counted towazds the ma~cimum number of Special Event Permits on properties that are subject to this Code Amendment, thereby allowing commercial tenants to continue to have Special Event Permits for other types of events. Because commercial tenants on very lazge properties tend to be set back faz from streets and adjacent properties, special events held by these tenants do not contribute substantially to sign proliferation or other impacts associated with special events. Therefore, staff recommends approval of this request so that the commercial tenants may still utilize the Special Event Pernut process. CONCLUSION: Staff recommends approval of the request because the proposed size and location requirements limit the number of available properties and potential impacts to adjacent uses. Respectfully submitted, Con urred by, ~~ ~~w c Principal Planner I ing Services Manager ZONING CODE AMENDMENT NO. 2009-00080 March 16, 2009 Page 3 oF3 Attachments• l. Vicinity Map 2. Draft Ordinance 3. Letter of Request ATTACHMENT NO. 1 kw ~ i' ow - °m ~ ~o ~~ Fi wi ~o a°>o ~~a ~°o xN a~ ~'a m~ w~ ~im wn Nsm xm .~. 5'a ~.m 3`u~ 'u`u°a o00 OPANGEfHOPPE PVENVE LAPALMA AYENUE =:S' ~ LINCOLN @+~} AVENIIE w~ " BALL p aaao ~~ ~i ~S s NATEItA ~ a AVENOE CMAPMAN AvENUE kw w ~Q ~aN ?w So~ww gd x~ aS $' m w~ 4m ~~ ;°v `~ N March 16, 2009 Zoning Code Amendme nt No. 2009-00080 Citywide io~za ATTACI~MENT NO. 2 ORDINANCE NO. 'r.~ :r. AN ORDINANCE OF THE C1TY OF ANAHEIM AMENDING SUBSECTIONS .030 AND .060 OF SECTION 1838.095 OF C~IAPT'ER 18.44 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CIRCUS AND CARNNAL PERMITS. THE CITY COUNCIL OF THE CITY OF ANAHEIIVI HEREBY ORDAINS AS FOLLOWS: SECTION 1. Tt~at subsecCion .030 of Section 1838.095 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code, be amended to read as follows: ".030 Ma~cimum Number of Annual Permits. (a) No more than two (2) pernuts for a camival or circus shall be issued for any project site during any calendar year. (b) Up to four (4) permits for a camival or eircus may be issued for commercially zoned properties which are a minimam of twelve (12) acres and are not directly adjacent to residentially zoned properties or resideutial uses. ProjecC sites include, but are ~ot necessarily limited to, Yhe following: .0301 Vacant Site. Any vacant parcel or any group of adjoining vacant parcels. .0302 Any Business or Commercial Retail Center. For the purposes of this section the term, Yhe term `Business or Commercial Retai] CenCe~" shall meao ooe (1) or more businesses that are aitl~er (i) located on a single parcel of property or (ii) located on a group of parcels wl~ieh are developed as a single project wiCh shared vehicle acoess, driveways and/or parking. .0303 ~ny single parcel developed with a single land use or gronp of uses other than a business or commercial retail center. .0304 Any group of adjoining parcels developed with a group of land uses other than a business or commercial retail center, a~d which parcels are developed as a single project witb shared vehicle access, driveways and/or parking." SECTION 2. That subsection .060 of Section 18.38.095 of Chapter 1838 of Title 18 of the Anaheim Municipal Code, be amended to read as follows: ":060 Prohibited Carnivals or Circuses. Under no circumstances shall a permit be issued for a carnival or circus on the same project site for which the masimum number of permits for special events, as defined in Section 18:92.220 ("S" Words, Terms and Phrases), has already been issued during the same calendar year. This limitation shall not apply to properties meeting the criteria contained in paragraph (b) of Subsection 18.38.095.030 above." SECTION 3. SEVERABILITY The City Council of the Giry 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 here from of any such portion as may be declazed 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 pe~al 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 consCrued as xestatemenYS and condnuations, and not as new enactments. SECTION 5. PENALTY IY shall be unlawful for any person, firm or corporation to violate any provision or Yo fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requizemenks 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 (6j months, or by both sach fine and imprisonment. Each such person, firm or corporation shall be deemed guilty af a separate offense for each day during any porCion of which any violation of any of tt~e provisions of this ordinance is committed, continued or permitted by sach person, firm orcorporation, and shall be punishable therefore as provided forin this ordinance. THE ~'OREGOING ORD~NANCE was inYrodoced at a regular meeti~g of the City Council of the City of Anaheim held on the _ day of , 2009, and thereafter passed and adopted at a regulaz meeting of said Ciry Council held o~ the day of , 2009, by Che following roll call vota: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAH~IM ATTACHMENT NO. 3 ~~~~ ~ o~GROUP Public Affairs e Land Use ~` February 27, 2009 (REVISED) Sheri Vander Dussen Planning Director City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Dear Ms. Vander Dussen: Re: Anaheim Indoor Marketplace -1440 South Anaheim Boulevard Sheldon Group has been retained by Lederer - Anaheim, Ltd., owner of Anaheim Indoor Marketplace ("The Marketplace") to assist with their application for a code amendment. This code amendment would permit additional camivals and circuses than normally permitted by code for sites with larger acreages. The Marketplace is located at 1440 S. Anaheim Blvd., on the northeast corner of Anaheim Blvd. and Cerritos Ave., and has been conducting business in the city of Anaheim for almost two decades. The Marketplace is the largest indoor swap meet in Orange County with approximately 200 retail and service vendors YhaC cater to tl~e local community. The Nlarketplace is unique in that its vendors do not have extemal signage to advertise their businesses. Moreover, The Marketplace sits on a 14.7-acre properry and the buildiug is setback over 400 feet from the street, making identification from Anaheim Boulevard difficult. One of the strategies that the owner has employed over the yeazs to attract customers to the site is to pxogram events that cater to the community. These events have included carnivals and circuses whicl~ have proved successful in attracting customers to the site. However in 2005, the city passed an ordinance that restricted the number of annual carnival and circus permits that could be sought by a property owner to two per year. This action was taken in response to problems the city was experiencing with other businesses that were abusing the Special Event Permit process and dishirbing adjacent residents. We understand why the city took action to address the problem but believe that the ordinance requires refinements in order take into consideraYion properties that are not constrained by contiguous residential uses and have larger acreages that aze able to accommodate events, such as circuses, without impacting adjacent or on-site uses. Specifically, we believe a code amendment can be tailored to allow Anaheim businesses to flourish while protecting Ybe quiet enjoyment ofneighborhoods by residents. We believe the code provision pertaining to camivals and cixauses sbould be amended to ailow properties with a zone designation of C-G (General Commercialj or C-NC (Neighborhood Center Comrnercial) to have the ability to apply for up to four such events per year subject to the following provisions: • That the property have a minimum site area of 12 acres; and • A minimum of 500 parking spaces reserved for the primary use; and • Shall not be contiguous to any residential zone boundary. Based on the foregoing, the Marketplace is requesting that a code amendment to section 1838.095.030 of Chapter 1838 be processed to add the following supplernental language: .030 Maximum Number of Annual Permits. (a) No more than twp (2) permits for a carnival or circns shall be issued for any project site consisting of less thau 12 acres during any calendar year. (b) For project sites co~tsisting of I? acres or~ grenter• in size and having a minimzmi of 500 parkirzg spnces reser•ved for the primary zrse, no mor•e than fozn• (4) permits for a carniva] or circus shall be issued during any calendnr year. We also request that Section 1838.095.060 of Chapter 18.38 be amended so that the number of carnival ar circus permits is not counted towards the total number of Speciai Event Permits allowed on an annual basis. The Marketplace does not want to be penalized should they exercise the four carnivaUcircus permits anmially and is subsequently not allowed to obtain the number of Special Event Permits otherwise allowed by the Code. Again, this relates to equity and faimess. The Marketplace operates much like a traditional retail center but without the external exposure. As mentioned earlier, the vendors do not have external sig~aage and having the ability to conduct promotional events that amact customers to the site is important to the success of the individual businesses within the building. As such, we request that Section 1838.095.060 be amended as follows: 060. Prohibited Carnivals and Circuses. Under no circumstances shall a permit be issued for a camival or circus on the same project site for which the maYimum number of permits for special events, as defined in Section 18.92.220 ("S" Words, Terms and Phrases), has already been issued during the same oalendar year. This lirnitation shnll not apply to pT•operties meeting tl~e criteria contained in paragraph 0.30(b) of Section 18.38.095.030 nbove. We look forward tp working with you on bringing the project to a favorable conclusion. Should you need additional information or have questions, please feel free to call or e-mail me at (949) 777-9400 or ere~~aisheldon~rp.com. of Planning cc; Mr. Les Lederer ITEM NO. 4 PLANNING COMMISSION AGENIDA 200 S. Anaheim Blvd. suite #1 s2 Anaheim, CA 92805 Tel: (714) 765-5134 Fax: (714) 765-5280 ~ www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: MARCH 16, 2009 FROM: PLANNING SERVICES MANAGER DELLA HERRICK, PROJECT PLANNER SUBJECT: CONDITIONAL USE PERNLIT NO. 2009-05415 LOCATION: 270 South Clementine Street APPLICANT/PROPERTY OWNER: The applicant is Susan Hashioka representing Epicurean School of Culinary Arts, and the owner is CIM Group Inc. REOUEST: The applicant requests approval of a Conditional Use Permit to permit a private culinary arts school. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, approving a Categorical Exemption, Class l, and approving Conditional Use Pemut No. 2009-05415. BACKGROIJND: This property is 0.93-acres and is developed with a mixed use building consisting of apartment units and retail space located in the CG (DMU) General Commercial Downtown Mixed Use Overlay zone. The Anaheim General Plan designates this property and the properties to the north, east and west for Mixed Use land uses. The properiy to the south is designated for Medium Density Residential land uses. PROPQSAL: The applicant requests approval of a conditional use permit to allow a 1,884 squaze foot culinary school within an existing mixed use development that includes apartments and retail uses. The school would offer classes for professional chef, professional baking and beginner services and recreational workshops. Food would be prepared for demonstration purposes only at these classes. The school would operate seven days a week with morning classes staring at 9:30 a.m. and ending at 130 p.m. Evening classes would begin at 6:30 p.m. and end at 1030 p.m. Class sizes would vary with an average of 10 to 15 students per class and would include a chef and chef assistant. A staff person would be on site every day from 9:00 a.m. to 6:00 p.m. to answer the telephone and enroll students in classes. Between the morning and evening classes, staff would remain on the premises to clean the facility. ANALY5IS: Educational institutions for businesses (such as the culinary school) aze permitted in the General Commercia] Downtown Mixed Use Overlay zone subject to approval of a conditional use permit to determine compatibility with surrounding land uses. CONDITIONAL USE PERMIT NO. 2009-05415 March 16, 2009 Page 2 of 2 PARKING: The culinary school requires 27 pazking spaces, the remaining on-site commercial space requires 16 spaces and the residential use requires 95 spaces, for a total of 138 required spaces. Per the Parking Easement Agreement between the Redevelopment Agency and the property owner, 166 spaces will be provided which exceeds the code requirements. A total of ll 9 spaces are located within the building and 47 spaces are located in the City Hall West Pazking Structure and Center Street Promenade Structure which aze both owned by the Redevelopment Agency. These Agency-owned structures are used to accommodate pazking foi vazious uses within the downtown mixed use development azea. CONCLUSION: The culinary arts school is compatible with the mixed uses in the existing building. It is also located within the Downtown mixed-use development project that combines residential with non-residential uses as a means to continue downtown revitalization and encourages a full array of diverse land use types. Therefore, staff recommends approval of the project. Respectfully submitted, ~~1l~p ~~/~Sp" Principa~ Planner Attachments: 1. Vicinity and Aerial 2. Draft Resolution 3. Project Summary 4. Letter of Operation by, Services Manager The following attachment was provided to the Planning Commission and is available for public review at the Planning Services Division at City Hall. 5. Photograph 6. Exhibits (Site Plan and Floor Plan) J~ ~ PJ~'~ SHOPP G~~.~ p.G l~D!'Ul pM U1 ~~C~ o-G l / \ ~,.a'C F,~OD p_G l~M~~ r~ ~/ ~~ ~-~ l o Fl~c y UP` 009A5C~5. 'p,tS~FEtP1l ~ 1~~ ~ P~Af ea)AIPha Q~1~ ment r .:~ ~~ PpSS E m GEP~89' fleQEVBDOWPIOW~'I~QO p.6lOM ,.. ~ ~ ~(1/~ (S~P ~.~ ~ ... 305~ ~'i ~/ G.G ~ • ' 1 ~ r I - GN~A~M p ~ ~ ~ ~.G WP,Y i-~~ aG ii o-~ gF~P~ .-~'r N a mg ~. ~, '' ~ O aM~3 o c ° ~~• r zou c ~ . I~~ RM 4GH 2i PP `' PM"n ~~ cH~P (i~ u0~ a so ioo~ rect March 16, 2009 ~ Subject Property Conditional Use Permit No. 2009-05415 270 South Clementine Street pG l~N~~ G1 W~St ~ ~ sMn~~sr"' - ; ; ppE ; -: P~pMEN GENTER Sj~E~T -C // ~ G GPKNG sTR~~Np~ ia~2i March 16, 2009 Subject Property Conditional Use Permit No. 2009-05415 270 South Clementine Street ,o~z, o so ioo ~ Aerial Photo: ree~ April 2008 [DRAFT] A~TACHNYEIVT NO. 2 RESOLUTION NO. PC2009- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05415 (270 SOUTH CLEMENTINE STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009-05415 to permit a private cali~ary arts school on ceftain real property situated in the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, ehe proparty proposed for tk~e private cula~ary arts school is developed with a mixed use building consisting of apartment units and xetail space located in the CG {DMU) General Commercial Downtown Mixed Use Oveday zone , and the Anaheim General Plap designates th3s property for Mixed Use la~d uses; and WIIEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 16, 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 invesCigate and make findings and recommendations in coonection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due co~sideration of all evidence and reports oftiered at said heazing, does find aud deteraaine the followiog facts: 1. ThaY a private calinary arts school is pernutted in the CG (DMU) General Commercial Downtown Mixed Use Overlay zone and is properly one for which a conditional use pernvt is authorized by Anaheim Municipal Code Section 1830:030:050.0402 (Educational institutions-Business). 2. That the pravate culinary arts school would oot adversely affeet the adjoining land uses or the growth and development of tUe area in which it is proposed to be located because the facility would be located witt~in an existing mixed ase complex with adequate parking. 3. That Yhe size and shape of the site is adequate to allow the f~ll development of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because adequate parking is provided. 4. That the traffic generated by the private culinary arts school would not impose an undue burden upon the streets and highways designed and improved to cany the traffic in the area because adequate parking is provided. -1- PC2009- 5. That the granting of the condaYional use permit onder the co~ditions imposed will not be detrimental to the health and safety of the citizens of the City of Aoaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1(Existing Facility) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE TT RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove specified does hereby approve Conditional Use Perrnit No. 2008-05382 subject to conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use oY the s~bject property in ordar to preserve the health, safety and general welfare of the Citizens of the CiYy of Anaheim. BE IT FURTF3ER RESOLVED tpaT This permit is approved without limitaCions on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance wit6 Chapters 18.60.190 (Amendment of Permit Approval) and 18:60.200 (City-Initiated Revocation or Modification oF Permitsj of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and dekermine that adoption of this Resolution is expressly predicated upon applicanC's compliance with each and all of Che conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final jud;ment of any court of compeTenY jurisdiction, then this Resolution, and any approvals herein cootained, shall be deemed null and void. BE TI' FURTI~R RESOLVBD that the applicant is responsible for paying all charges related to ehe processing of this discretiooary case application within 15 days of the issuaoce of the final invoice or prior to the issuance of bailding permits for this project, whichever occurs first. Failure Co pay all charges shall result in delays in the issuaace of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted aC the Planaing Cammission meeting of Mamh 16, 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 CITY PLANNING COMMISSION -2- PC2009- ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of tbe 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 March 16, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONER: IN WITNESS WHEREOF, I have hereunto set my hand this ~day of _, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2009- EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2009-05=615 so ~UOQ~ r:.f, Source: Recorded Tract Maps and(or City GIS. Please note the accuracy is +I- two to fve feet. 10721 -4- PC2009- EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2009-05415 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONI~'ORING GENERAL CONDITIONS 1 ' The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Plan~ing Department marked Exhibit Nos. 1(Site Plan and 2(Floor Plan), and as conditioned herein. 2 Approval of this application constitutes approval of Yhe Planniqg proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code a~d a~y other applicable CiCy, State and Federa] zegulations. Approva] does not include any action or fi~dings as to compliance or approval of the request regarding any oYher applicable ordinance, regulation or requiremenC. -5- PC2009- ATTACII~INIEENT NO. 3 PROJECT SLJMMARY Existing Use Re uired Parkin '; Provided Parkin 95 apartment 95 spaces (1 space per 95 spaces (Residential Exclusive) uniCS unit) 48 spaces (Residential Non Exclusive) 6,000 square feet of zetail 23 spaces (Retai] Non-Excl~sive) 2A spaces (4 spaces per 1,000 square feet) 166 spaces including 119 spaces on-site and 47 spaces provided by the Parking Easement As determined by parking Agreement for the Downtown Mixed Use study Development 119 spaces Proposed Use Re uired Parkin ' Provided Parkin 95 apartment 95 spaces (1 space per 95 spaces (Residential Exclusive) units unit) 48 spaces (Residential Non Bxclusive) 1,353sqaare feet ' 27 spaces (20 spaces per of instruction 1,000 square feet of 23 spaces (Retail Non-Exclusive) area instruction) 166 spaces including 119 spaces on-site and 47 4,116 square 16 spaces (4 spaces per spaces provided by the Parking Basement feet of reCail 1,000 square feet) Agreeme~t for the Downtown Mixed Use Development 138 spaces ITEM NO. 5 PLANNING COMMISSION AGENIDA City of Anaheim PLANNING DEPARTMENT DATE: MARCH 16, 2009 FROIVI: PLANNING SERVICES MANAGER DELLA HERRICK, PROJECT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05382 LOCATION: 2111 West Crescent Avenue, Suite B APPLICANT/PROPERTY OWNER: The applicant is Krysti Galvin representing RREEF, and the owner is Wilson Tri-Freeway, LLC. REQUEST: The applicant proposes to operate a trade school for environmental training. RECOMMENDATION: Staff recommends the Planning Commission adopt tha attached resolution, approving a Categorical Exemption, Class 1, and approving Conditional Use Permit No. 2008-05382. BACKGROUND: This property is 3.4-acres and is developed with an industrial complex located in the Industrial (I) zone. The Anaheim General Plan designates this properiy and the property to the north for industrial land uses. Property to the east is designated as a"Water" land use, property to the west is designated for public institutional land uses and property to the south is designated for medium density residential land uses. PROPOSAL: The applicant proposes to operate a trade school for environmental training within a 1,562 tenant space in a 51,213 squaze foot existing industrial business park. This application was submitted in response to a Code Enforcement Notice of Violation that was issued for the unpermatted trade school activity. The applicant indicates the school provides environmental training and OSHA certified compliance classes for private firms as well as public agencies. Proposed hours of operation and number of employees for the school aze as follows: e Monday through Saturday 8:00 a.m. to 6:00 p.m. (Classes aze only held 15 days per month). e One to two employees per day. • Classes are limited to a maximum of Fifteen students. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 TeC (714) 765-5139 Fax: (714) 765-5280 " wurw.anaheim.net CONDITIONAL USE PERMIT NO. 2008-05382 March 16, 2009 Page 2 of 2 ANALYSI5: Educational Institutions for business are permitted in the Industrial zone subject to approval of a conditional use permit to determine compatibility with surrounding ]and uses. The proposed classes aze held indoors, and aze compatible with other uses within the business pazk. The proposed school would require thirteen pazking spaces, 129 spaces aze required for all uses, and 182 spaces aze provided. The project complies with all requiremants of the Industrial zone, including parking, and the site is well-maintained. CONCLUSION: The environmental training school is compatible with other office and industrial uses in the business pazk and adequate pazking is provided on site. Therefore, staff recommends approval of the project. Respectfully submitted, by, ~~~ ~~L c Principal Planner 1 ing Services Manager Attachments: ` 1. Vicinity and Aerial Map 2. Draft Conditional Use Permit Resolution 3. Project Summary 4. Letter of Operation The following attachments were provided to the Planning Comznission and are available for public review at the Planning Services Division at City Hall. 5. Exhibits (Site Plan and Floor Plan) 6. Site Photographs March 16, 2009 Subject Property Conditional Use Permit No. 2008-05382 2111 West Crescent Avenue ~ W. IAPALMqAVE F O W W.@ESLENTHVE S W.LRESC ENiAVE O m I _ W.4NCOLNAVE W. LINCOLrv AVE W.BftOADWqY 10719 o so ioo Aerial Photo: ~e~ April 2008 ~ ~ Q ~ ~ E a a 'm a m ~ 0 a ` 0 U A ~ E E 0 U E m t m GRAMERCY AVENUE ? c-c SMALLSHOPS FyM-4 D W- ~fG ~ O H ~ ~ FIRE STATION ~ W n N0.2 ~ ° J T ~ ~ ~---- 490 ' -~-~ ~ CRESCENT AVENUE o so ioo ~ Feec March 16, 2009 Subject Property Conditional Use Permit No. 2008-05382 2111 West Crescent Avenue ~~~~9 T SETTLING BASIN ~' W IAPpLF1AAVE K LflESCENTAVE ~ W LftE9C EMpVE O 0 I W.LINCOINpVE W LINCOLNAVE ~ W BqOA~WpY ~~~FT~ ATTACHIVIENT NO. 2 RESOLUTION NO. PC2009- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05382 (2ll 1 WEST CRESCENT AVENUE, SUITE B) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008-055382 to permit and retain a trade school for environmental training on certain real property situated in the City of Anaheim, County of Orange, State of Califomia, shown on Eachibit "A", attached hereto and incorporated herein by this reference. WHEREAS, the property proposed for an environmental training school is developed with an industrial complex located in the Industrial (I) zone, and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Mazch 16, 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 Munacipal 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 inspec6on, investigation and study made by itself and in its behalf, and after due considerarion of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the request to permit and retain a trade school for environmental training is permitted in the Industdal (I) zone is properly one for which a conditaonal use permit is authorized by Anaheim Municipal Code Section 18,10.030.040 (Educatipnal Institutions- Business). 2. That a trade school for environmental training would not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the facility would be located within an existing indush-ial complex with adequate pazking. 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 particulaz azea or to the health, safety and general welfare of the public because adequate parking is provided within the indushial complex. 4. That the traffic generated by the trade school for environmental training would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate pazking is provided on-site. -1- PC2009- 5. That the granting of the condirional use permit under the condirions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definirion of Categorical Exemprions, Section 15303, Class 1(Existing Facility) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVEA that the Anaheim City Planning Commission for the reasons hereinabove specified does hereby approve Conditional Use Permit No. 2008-05382 subject to conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which conditions 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 permit is approved without limitations on the hours of operation or 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 Modificarion of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoprion of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meering of March 16, 2009. Said resolurion 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 CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -Z- 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 Mazch 16, 2009, by the following vote of the members thereo£ AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONER: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2009- E~HIBIT ''A" CONDITIONAL IISE PERMIT NO. 2008-05382 -4- PC2009- EXI3IBIT "B" CONDITIONAL USE PERMIT NO. 2008-05382 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING GENERAL CONDITIONS l The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Departmeot marked Exhibit Nos. 1(Site Plan and 2(Floor Plan), and as co~ditioned herei~. 2 ' Approval of this applicatio~ constitutes approval of the Planning proposed zequesC only Co the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does nat include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -5- PC2009- ATTACI~IMENT IVO. 3 PROJECT SiJ1VIlVIARY CONDITIONAL USE PERIVIIT NO. 2008-05382 Use S uare Feet Re uired Parkin Existin Parkin Office 15,984 64 Industrial 33,667 52 Training School 1,562 13 Total: 53,213 129 spaces 182 spaces ATTACHMENT NO. 4 >.~ , ~. ;~.~,..~. ~ COMPUANCE Ocrtober 14, 200$ Environmental Training and Compliance was established Orange County in 1989. We have provided employee heal#h and safety training #o such clients as: p Anaheim Pubiic Works Department a Orange County Water Authority ~ Irvine Ranch Water Uistrict ~ County of Orange Districf Attorney's Office m State of California EPA 6 California State University System m California Department of Transportation Our Private sector clients include numerous environmental consulting companies, oil & gas and manufacturing operations. These "Green Collar" workers are an essentia~ component of the City of Anaheim's future employment growth and leadership in the environmental field. 211 I W. Crescent Ave Suite B o Anaheim, C.4 92801 0(800) 949-4473 o et~~o-online.com F,TAC conducts enviroiunental training and OSHA certified compliance classes. Tl~ese courses are best classified as secondary or vocationat education classes. 7'his use is permitted under the current zoning for Tri-Freeway Business Center widi a Conditional Use Pennit. 2. This proposed use will not adversely affect the current, surrounding use which is fully developed. The surrotuiding areas are coinprised of commercial development ("and Tnterstate S) to the Nortl~, residential development to d~e South, County floud control property to tile East and retail development to the West. There is no fiuther development in tlie foresezable future, as tliere is no vacant laud available. ~. The proposed use is wifl7in an existing multi-tenant mixed use office and. industrial park. The proposed use is located witllin that portion of ~he pazk wheze mosi of the park's office user's are ]ocaYed and therefore well sihiated with likz users. The healtl~ and safety of the azea is not affected. 4. The traf&c generated by the proposed use will be n~inimal to the surrotmding area (wl~ich has adequate traffic control mecha»isms) and to the park itself. While the use indicates a school-like environment; most "classes" are held just four (4) tiveekdays and occasionally on Saturdays. Classes are limited to a maximum of fifteen (15) students per ~ccurrence. There are a maximum of Rvo (2) staff inembers on site. ln essence, w]iile we are a h•aining facility, our occupancy is no denser than that of a mortgage company or a call center, both of whicli are pemutted uses under 11ie current zoning. 5. T'he granting of die requested Conditional Use Permit will notjeopardize ihe health or welfare of the citizens of Analieim. In fact, we believe ETAC offzrs the citizens of Anaheim a place where they can obtain the training they need to advanca in fheir eareer or remain carrent in their job certif cation - close To home. ITEM NO. 6 PLANNING COMMISSION AGENIDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: MARCH 16, 2009 FROM: PLANNING SERVICES MANAGER DAVE SEE, PROJECT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 2009-05401 LOCATION: 1881 West Ball Road APPLICANT/PROPERTY OWNER: The applicant is Alex Gurski with WD Partners and the property owner is Thrifty Oil Company. REOUEST: The applicant proposes to convert a former service station building into a convenience market. RECOMMENDATION: 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. 2009-05401. BACKGROUND: The 0.48-acre property is currently developed with a 1,688 squaze foot former service station building. The property is located in the General Commercial (GG) zone. The General Plan designates this property and properties to the north and east for low-medium density residential land uses. Properties to the west, across Nutwood Street, aze designated for low density residential land uses. The property to the south, across Ball Road, is designated for school land uses. PROPQSAL: The applicant proposes to convert a former service station building into a convenience mazket. The site plan indicates new landscape planters around the perimeter of the property and adjacent to the building, new paving and pazking lot striping, a new trash enclosure, and the closure of the rivo driveway openings closest to the intersection. The elevation plan indicates the refurbishment of the existing building. The owner intends to sell hot and cold deli food items, hot and cold drinks, and normal convenience store items such as candy, chips, beverages, packaged food products, general household goods, and produce. The sale of alcoholic beverages is not proposed. The applicant has stated that there aze no plans to expand the existing building. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: Q14) 765-5139 Fax: (714) 765-5280 ~ www.anaheim.net CONDITIONAL USE PERMIT NO. 2009-05401 March 16, 2009 Page 2 of 2 ANALYSIS: A conditionai use permit is required for small grocery stores and delicatessens less than 15,000 squaze feet in size in the GG zone. The market requires nine pazking spaces and 11 spaces are proposed on the property. Staff believes that the conversion of a vacant service station building into a conveni~nce mazket and the installation of new landscaping azound the perimeter of the property and adjacent to the building would substantially improve the aesthetics of the building and the overall appeazance of the property. In addition, staff believes that the proposed mazket would not have an adverse effect on adjacent residential, school, and commercial uses. CONCLUSION: The proposed convenience mazket would be compatible with the surrounding residential, school, and coznmercial uses. Staff believes that, with the proposed conditions of approval, the use would not be detrimental to the area. Therefore, staff recommends approval of this conditional use permit request. Respectfully submitted, Conc ed by, ~~~ ~~w ~ Principal Planner P ing Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Letter of Operation The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 4. 3ite Photographs 5. Site, Floor, and Elevation Plans March 16, 2009 Subject Property Conditional Use Permit No. 2009-05401 1881 West Bail Road - , ~, , W.eROApwA, .. I ~ 7 ' - '' ` ~ I ;s ~ , ~- - ~ _a ° ~ ~ w. enuao N Ip 1 ~m ~U ~ ~W.CEftPROSAVE W.CEP FITOSHVE 1P720 o so iao Aerial Phalo: Feet Aprll 2008 LL O W O C S ~ W \ W ~ m Q _ ~ RS-2 RS-2 _ ~ ¢ w = ~ N Q ~ w ~ ~ o N .- o O O2 F ~ Z w c-c ~ ' ~ MARKET . Q ~ ~ RS-2 1 BALL ROAD c-c CHURCH PG T CHURCH CHURCH ~ RM< ~ NUiYVOODTREE APTS 2B ~U RM~ RM 4 N~ ~ 1~-150 ' --~ March 16, 2009 Subject Property Conditional Use Permit No. 2009-05401 1881 West Ball Road APTS 2I DU RM-4 NORMANDY PARKAPTS y ~ ~ BBDU ~4~ ~ ¢~ C-G RCL 60-61-38 - CUP 2009-05401 a o cuP 2oo~-oaass a m / CUP 3718 / CUP 839 L PCN 94-06 (CUP 4159) ~ VACANT GG ~ Y~ p o CHURCH ~ Q ~ ~ a ~ ' W BROAOWAV y . 1 ~ 1 ~~ ~ ~ ~ ~w ~ I-_~ = I~ ~ ' _,-~ - ¢ " w anu ao , I~ ~ ,m ~~ ~ ~ W.CERqITOSAVE W LEflRITOSqVE ~~72Q [DRAFT] ATTAC~IIVIEIV~ No. 2 RESOLUTION NO. PC2009- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMI3SION APPROV~IG A CLASS 1 CATEGORICAL EXEMPTION ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-05401 (1881 WEST BALL ROAD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit to convert a former service station building into a convenience market on certain real property situated in the City of Anaheim, County of Oran~e, State of Califomia, shown on Exhibit "A", attached hereto and incorporated herein by this reference; WHEREAS, the property proposed to convert a 1;688 square foot former service station building into a convenience market is located in the General Commercial (C-G) zone and the property is designated for Low Medium De~sity Residential ]and uses in the City of Anaheim General Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic CenCer in Che City of Anahe9m on March 16, 2009, at 230 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 I8.60, 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 Commissio~, after due inspection, investigation and stady made by itself and in its behalf, and afYer due consideration of all evideace and reporCS offered at said hearing, does find and determine the following facts: 1. That a convenience market in the General Commercial (C-G) zone is properly one for which a conditional use permit is authorized by Anak~eim Municipal Code Section 1$.08.030.010 (Markets - Small). 2. That the conversion of a former service station building into a convenience market would not adversely affact the adjoining commercial, residential, and school land uses and the growth and development of the area in which it is proposed to be located because the propeRy is currendy improved with a comznercial building and the site will be improved with parking, landscaping, and a trash enclosure in compliance with Code reqnirements. 3. That the size and shape of the site is adequate to allow the full developmenC of the proposed use in a manner not detrimentaJ Co the paRicular area nor to the health, safety and general welfare of the public because the property is currently improved with a commercial building and ll parking spaces will be pmvided. Code requires a total of 9 spaces for the proposed use; therefore, the parking supply will exceed Code by 2 spaces. 4. That the traffic generated by the business would not impose an undue burden upon the streets and higbways designed and improved Yo carry Che traffic in the area because the - 1 - PC2009- number of cars and trucks entering and exiting the site are consistent with typical commercial b~sinesses that would be permitted as a matter of right within the General Commercial zone. WHEREAS, the proposed project falls within the definiCiQn of CaYegorical Exemptions, Class 1(Existing Facilities) as defined in the State CBQA Guidelines, and is therefore, exempt from the rec~uirement 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. 2009-05401 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 arder to preserve the health, safety and general welPare of the CiCizens of the City of Anaheim. BE TI' FCTRTHER RESOLVED, that this pemvt is approved without limitations on the hours of operation or the duration of the use. Amendme~ts, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) af the Anaheim Municipal Code. BE IT FCTi2THER RESOLVED that The Anat~eim City Planning Commission does hereby find and determine Yhat adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condiCion, or any parC Chereof, be declared invalid or unenforoeable by the tinal judgment of any court of competenC jurisdicCion, then this Reso}ution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible For paying all charges relaCed to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges sball result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 16, 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 a~ appeal. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 2 - PC2009- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANA~IEIM ) 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 Planoing Commission held on March 16, 2009, by Che following vpte of the members thereof: AYES: COMMISS30NERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I 6ave hereunto set my hand this day of March, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2009- EIHIBIT "A" CONDITIONAL USE PERA7IT NO. 2009-05=101 - 4 - PC2009- EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2009-05401 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING GENEItAL ~CONDIT"ZONS 1 Trash storage areas shall be provided and maintained in a Planning, location acceptable to the Public Works Department and in public Works 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 frorn adjacent streets or highways. 2 There shall be no public telephones on the property that are Planning located outside of tt~e building and within tt~e controi of the applicant. 3 The applicant shall moniTOr the area under their contro] in an Police effort to prevent the loitering of persons about the preraises. 4 Parking lots, driveway, circulatlon areas, aisles, passageways, Police recesses and ground contiguous to buildings, shall be provided ' with lighting of a minimum one (1) foot candle power to iliuminate 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. 5 The property shall be permanently maintained in an orderly Code fashion through the provision of regular landscaping Enforcement mainCenance, removal of trash or debris, and removal of graffiti within two business days from the time of discovery. 6 The subjecC property shall be developed sabstantially in Planning accordance with plans and specifications subrnitted to the City of Anabeim by the petitiooer and which plans are on file with the Planning Department marked Exhibit Nos. 1(Site Plan), 2(Floor Plan), and 3(E]evaC3ons) and as conditioned herein. 7 Approval of this applicaYion constitutes approval of Che proposed Planning request only to the extent rhat complies with the Anaheim Municipal Zoning Code and any other appl9cable City, State a~d Federal regulations. Approval does noC inclade any action or findings as to compliance or approval of the request regarding any oCher applicable ordinance, regulation or requirement. - 5 - PC2009- ATTACHMENT NO. 3 February 13, 2009 LETfER OF OPERATION 1881 BALL ROAD ANAHEIM, CA APN: 128-29136 The existing site consists of approximately 0.43 acres (150' 125') and is located ~,_~ on the northeast corner of Ball Road and Nutwood Street in the City of Anaheim. i~' : ~ „ Currently the site is a vacant automotiile service station. ry _ ' v~,:rrn-r's The project proposes to permit conversion from a vacant service station to a retail use (exact retail tenant will be determined) with approval of a conditional use permit in the Generai Commercial (CG) zone. The applicant proposes to provide interior landscape and parking, per zoning code (see Site Plan), remove existing canopy, remove both curb cuts cbsest to intersection, painf/upgrade existing exterior elevations, and flnish-out interior space to retail use (See Fioor Plan}. ~~=?,~~~r.cr, r:tr.s.carr sr;~;,r, ~ x v-r:;::: The operation and use does not involve 6eer / wine sales or liquor sales. The owner intends to sell hot and cold deli food items in addition to normal „ _, convenience store items such as candy, chips, beverages, produce, etc. 'There will be no indoor / outdoor dining. 539.753 "3.'f! ` , ,,, ;,..~ _; ;. ~ The site was previously approved by Planning Commission on March 11, 2002 via Resolution NO. PC2002-39 to convert vacant service station to retail. If you have any questions, please do not hesitate to contact me. Regards, ~ ~. Atex Gurski 949-223-9541 jYl.}r r .~;..~ t'; = i~ _ .......... ..: I..~=~.~.`~::~