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PC 2010/04/12H:\TOOLS\PC Admin\PC Agendas\(041210).doc City of Anaheim Planning Commission Agenda Monday, April 12 , 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Panky Romero • Chairman Pro-Tempore: Stephen Faessel • Commissioners: Peter Agarwal, Todd Ament, Kelly Buffa, Joseph Karaki, Victoria Ramirez • Call To Order - 3:30 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. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, April 8, 2010, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 04/12/10 Page 2 of 7 Anaheim Planning Commission Agenda - 3:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: 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 1A Receiving and approving the Minutes from the Planning Commission Meeting of March 15, 2010. These minutes have been provided to the Planning Commission and are available for review at the Planning Department. Continued from the March 29, 2010 Planning Commission Meeting. Motion ITEM 1B Receiving and approving the Minutes from the Planning Commission Meeting of March 29, 2010. These minutes have been provided to the Planning Commission and are available for review at the Planning Department. Motion 04/12/10 Page 3 of 7 Public Hearing Items: ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2009-05411 (DEV2009-00005) Owner: Chris Daglas D & F Center 15924 Aurora Crest Drive Whittier, CA 90605 Applicant: John Perez Car Stereo Connection 100 South Brookhurst Street, Suites G & H Anaheim, CA 92804 Location: 100 South Brookhurst Street, Units G & H The applicant proposes to permit and retain a car stereo sales business with installation of stereo parts in an existing commercial center. 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 No. PC2010-020 Project Planner: Della Herrick dherrick@anaheim.net 04/12/10 Page 4 of 7 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2009-05412 (DEV2010-00041) Owner: Dong San Kim Sunny Realty and Management 9944 Garden Grove Boulevard Garden Grove, CA 92844 Applicant: Tim Hill Allages.com Presents 1100 West Katella Avenue, Suite G Orange, CA 92867 Location: 1652 West Lincoln Avenue The applicant requests/proposes The applicant requests to permit and retain a public dance hall with fewer parking spaces than required by code. 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 No. PC2010-021 Project Planner: Della Herrick dherrick@anaheim.net 04/12/10 Page 5 of 7 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2010-05395 PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00064 (DEV2010-00006) Owner: Kook Hoon Cho 590 South Whispering Ridge Lane Anaheim, CA 92808 Applicant: Dick Evitt All Star Realty 5905 Winncliff Drive Riverside, CA 92509 Location: 1151 North Euclid Street The applicant proposes to expand a previously-approved convenience market with sales of beer, wine and distilled spirits into an adjacent unit 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 No. PC2010-022 Project Planner: Della Herrick dherrick@anaheim.net Adjourn to Monday, April 26, 2010 at 3:30 p.m. 04/12/10 Page 6 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. April 7, 2010_ (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 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. 04/12/10 Page 7 of 7 S C H E D U L E 2010 April 26 May 10 May 24 June 7 June 21 July 7 (Wednesday) July 19 August 2 August 16 August 30 September 13 September 27 October 11 October 25 November 8 November 22 December 6 December 20 C-G (BCC) DEV2009-00005 RETAIL RM-4 CALABRIA APTS 46 DU C-G (BCC) RETAIL T (BCC)RELIGIOUS USERS-2 SINGLE FAMILY RESIDENCE C-G (BCC) RETAIL C-G (BCC) AUTO REPAIR C-G (BCC) CAR WASH RM-2 (BCC) CONDOMINIUMS/TOWNHOUSES C-G (BCC) RETAIL C-G (BCC) BOWLING ALLEY C-G (BCC) RELIGIOUS USE THE GRAND RESORT C-G (BCC) RETAIL T VICTORIA TOWNHOUSE APARTMENTS 264 DU C-G (BCC) AUTO REPAIR C-G (BCC) RETAIL C-G (BCC) MEDICAL OFFICE C-G (BCC) RETAIL C-G (BCC) RETAIL C-G (BCC) RETAIL C-G (BCC) RETAIL RM-4 THE GRAND RESORT APARTMENTS 768 DU RS-2 SFR RS-2 SFR RS-2 SFR RS-2 SFR T (BCC) SFR C-G (BCC) SFR RS-2 SFR T (BCC) SFR RS-2 SFR RS-2 SFR RS-2 SFR T (BCC) SFR RS-2 SFR RS-2 SFR C-G (BCC)RETAILC-G (BCC) RETAILC-G (BCC)RETAILRS-2 SINGLE FAMILY RESIDENCEC-G (BCC)RETAIL||121'||127'RS-2 (BCC) SFR W L IN COL N AV E S BROOKHURST STN BROOKHURST STW HIAWATHA AVEN KATHRYN DRN LINDSAY STN BIRCHER STN RANCHITO STW L IND SAY RD N LINDSAY RDS LINHAVEN CIRW CHERRYWOOD LN 5 W. BROADWAY W. CRESCENT AVE S. EUCLID STN. EUCLID STW. LINCOLN AVE W. LINCOLN AVE 10919100 South Brookhurst Street, suites G and H DEV2009-00005 Subject Property APN: 128-011-44 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 W L IN COL N AV E S BROOKHURST STN BROOKHURST STW HIAWATHA AVEN KATHRYN DRN LINDSAY STN BIRCHER STN RANCHITO STW L IND SAY RD N LINDSAY RDS LINHAVEN CIRW CHERRYWOOD LN 5 W. BROADWAY W. CRESCENT AVE S. EUCLID STN. EUCLID STW. LINCOLN AVE W. LINCOLN AVE 10919100 South Brookhurst Street, suites G and H DEV2009-00005 Subject Property APN: 128-011-44 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-00 RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05411 (DEV2009-00005) (100 SOUTH BROOKHURST STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No.2009-05411 to permit and retain a car stereo sales store with installation of stereo parts, 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 developed with a commercial retail center and located in the General Commercial (CG) - Brookhurst Commercial Corridor (BCC) Overlay Zone and the Anaheim General Plan designates the property for general commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 12, 2010, at 3:30 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 Planning 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, does find and determine the following facts: 1. That the car stereo sales and installation of stereo parts is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.040.0402 (Automotive repair and modification). 2. The operation of a will 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 use is entirely within an existing building with no outside activities and it is compatible with existing uses surrounding the property. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because this use will be located within an existing building of an established commercial area. - 2 - PC2010-00 4. The traffic generated by the existing car stereos sales store with installation of stereo parts has not imposed an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to uses in the area and activities would occur entirely within the a portion of the existing building space. 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 Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009-05411, 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 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 this conditional use permit is approved without limitations on the duration of the use. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the 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. - 3 - PC2010-00 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 12, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY 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 April 12, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of April, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-006 - 6 - PC2010-00 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2009-05411 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 That fire lanes shall be posted with “No Parking Any Time”. Planning 2 That on-going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Planning 3 That all installation activity shall take place within the building. Planning 4 Business to be equipped with alarm system (silent or audible) Police 5 Provide comprehensive security alarm system for the following: High valued storage areas. Interior building door to shipping and receiving area. Police 6 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police 7 Address numbers shall be positioned so as to be readily readable from the street. Number should be visible during hours of darkness. Police 8 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police 9 Overhead roll-up doors shall also be secured on the inside that the lock cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. Police 10 File Emergency Listing Card, Form APD-281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim,net/article.asp?id=678 Police - 7 - PC2010-XXX NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING 11 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plan) and as conditioned herein. Planning 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. C-G DEV 2010-00041 RETAIL C-G RETAIL RAILROAD RM-4 HAWAIIAN APTS 30 DU C-G VACANT C-G RETAIL C-G CAR WASH RM-4 GEI LING APARTMENTS 41 DU RM-4 PAMPAS APARTMENTS 77 DU I INDUSTRIAL I INDUSTRIAL C-G RETAIL C-G RETAIL C-G C-G RETAIL C-G RETAIL C-G RETAIL RM-4 PALM WEST APTS 20 DU RM-4 PARK PLACE APTS 20 DURM-4PAMPAS LANE APARTMENTS40 DUC-G RETAIL C-G RETAILC-G RETAIL C-G RETAIL T LOARA ELEMENTARY SCHOOL C-G RETAIL C-G RETAILC-GINDUSTRIALC-G RETAIL C-G RETAIL C-G RETAIL C-G RETAIL C-G RETAIL C-G VACANT I VACANT Anaheim Plaza Redevelopment Area Anaheim Plaza Redevelopment Area Anaheim PlazaRedevelopment Area||220'||443' W LINCOLN AVE S EUCLID STN EUCLID STW PAM PA S L NN EUCLID WAYN MANCHESTER CT 5 57 E. KATELLA AVES. LEWIS STE. CERRITOS AVE E. ORANGEWOOD AVES. ANAHEIM BLVDS. SUNKIST STS. HASTER STS. DOUGLASS RDE. GENE AUTRY WAYS. CLEMENTINE ST109381652 West Lincoln Avenue DEV2010-00041 Subject Property APN: 250-091-07 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 W LINCOLN AVE S EUCLID STN EUCLID STW PAM PA S L N N EU CLID W A YN MANCHESTER CT 5 57 E. KATELLA AVES. LEWIS STE. CERRITOS AVE E. ORANGEWOOD AVES. ANAHEIM BLVDS. SUNKIST STS. HASTER STS. DOUGLASS RDE. GENE AUTRY WAYS. CLEMENTINE ST109381652 West Lincoln Avenue DEV2010-00041 Subject Property APN: 250-091-07 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-xxx RESOLUTION NO. PC2010-XXX A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05412 (DEV2009-00041) (1652 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009-05412, to permit a dance hall with no alcohol sales 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 developed with 16,900 square foot commercial building located in the Commercial General (CG) zone and the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 12, 2010, at 3:30 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 Planning 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, does find and determine the following facts: 1. The request to permit a dance hall with no alcohol sales in the Commercial General (CG) zone is properly one for which a conditional use permit is authorized under Code Section 18.66.040.030.0301 (Unlisted Uses) of the Anaheim Municipal Code. 2. The public dance hall with no alcohol sales will 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 dance hall activity will be conducted in a manner conducive to the area, security measures have been implemented and the use will operate entirely within an existing building. In addition, the peak operating hours of the public dance hall, as conditioned herein, are off-set from the peak operating hours of the other businesses within the commercial center. 3. The size and shape of the site proposed for the dance hall is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. - 2 - PC2010-XXX 4. The traffic generated by the dance hall will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because this use does not exceed or intensify anticipated traffic levels for this area. 5. That the existing number of on-site parking spaces is determined to be adequate for the proposed dance hall and existing commercial uses. Code requires 134 parking spaces and 89 parking spaces exist. Because the public dance hall activities occur during evening hours when commercial businesses in the center are closed, the existing number of parking spaces is adequate for the public dance hall. Condition No. 4 of this resolution includes a limitation on the public dance hall hours of operation. 6. 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 and will provide a land use that is compatible with the surrounding area. 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 Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009-05412 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 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 this conditional use permit is approved without limitations on the duration of the use. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the - 3 - PC2010-XXX 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 April 12, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY 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 April 12, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of April, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-xxx - 5 - PC2010-xxx EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2009-05412 (DEV2010-00041) NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 Adequate security measures shall be provided to deter unlawful conduct on the part of employees or patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. The business operator shall provide a minimum of four security guards at all times or any other number of security guards as determined to be appropriate by the Anaheim Police Department. Code Enforcement 2 The doors shall remain closed at all times when entertainment is permitted, except during times of entry, exit or for emergencies or deliveries. Code Enforcement 3 The floor spaces provided for dancing shall be free of any furniture or partitions and maintained in a safe condition. Code Enforcement 4 The hours of operation for the public dance hall, including concerts, shall commence no earlier than 7 p.m. and shall conclude by 12 a.m. daily. Code Enforcement 5 Signs shall be posted in the “green-room” stating that alcohol is not allowed on the premises at any time. Code Enforcement 6 The public dance hall shall be operated in accordance with the following rules as stipulated to by the applicant: a) No one under the influence of alcohol or drugs shall be admitted. b) No alcohol shall be served or permitted on the premises. c) No “in and out” privileges shall be allowed. d) No smoking shall be permitted on the premises. e) No backpacks shall be permitted. Code Enforcement 7 A professional quality sign at least two feet by two feet with two inch block lettering of a contrasting color shall be posted facing the premises parking lots that reads: Code Enforcement - 6 - PC2010-XXX NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING “NO LOITERING, NO LITTERING, NO DRINKING OR ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST” 8 The parking lot shall have a minimum of four handicapped parking spaces and a designated loading area. Public Works, Traffic and Transportation Services 9 The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Code Enforcement 10 There shall be no public telephones located outside the building. Code Enforcement 11 There shall be no outdoor storage of vehicles in any required parking area. Code Enforcement 12 The rear of the property shall be permanently maintained free of debris, litter and overgrown vegetation. Code Enforcement 13 The front landscape planter shall be maintained in a healthy condition with live trees, shrubs and ground cover. If the plant material becomes diseased or dies, it shall be replaced in a timely manner. Code Enforcement 14 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. Code Enforcement 15 Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4 inches is recommended. Code Enforcement 16 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Code Enforcement 17 File Emergency Listing Card, Form APD-281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim,net/article.asp?id=678. Police Department 18 That fire lanes shall be posted with “No Parking Any Time”. Code Enforcement - 7 - PC2010-XXX NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING 19 That on-going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement 20 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plans) and as conditioned herein. Planning Services 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. C-G DEV 2010-00006 RETAIL C-G MEDICAL OFFICE C-G SERVICE STATION C-G MEDICAL OFFICE C-G AUTO REPAIR\ SERVICE C-G RESTAURANT RM-2 CONDOS 30 DU C-G RETAIL RM-4 WATER WHEEL APTS 64 DU RM-4 FOURPLEX RM-4 THE VIRGINIAN APTS 14 DU RM-4 STONE CREEK APARTMENTS 120 DU RM-4 BAHAMA VILLAGE APTS 21 DU T MORTUARY RM-3 CONDOMINIUMS/TOWNHOUSES C-G MEDICAL OFFICE 24 DU C-G RETAILRM-4 APTS 6 DU RM-4 FOURPLEX RM-4 FOURPLEX RM-4 FOURPLEX C-G RETAIL C-G RETAIL C-G RETAIL C-G RETAIL ||100'||107' C-G MEDICAL OFFICE N EUCLID STW LA PALMA AV E W ROMNEYA DR W G LE N AVE W ROMNEYA DR W NEIGHBORS AVE N MOHICAN WAY5 W. LA PALMA AVE N. EUCLID STN. BROOKHURST STW. CRESCENT AVE 109051151 North Euclid Street A, B, C DEV2010-00006 Subject Property APN: 072-551-13 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 N EUCLID STW LA PALMA AV E W ROMNEYA DR W G LE N AVE W ROMNEYA DR W NEIGHBORS AVE N MOHICAN WAY5 W. LA PALMA AVE N. EUCLID STN. BROOKHURST STW. CRESCENT AVE 109051151 North Euclid Street A, B, C DEV2010-00006 Subject Property APN: 072-551-13 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2010-*** 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. 2008-05395A (DEV CASE NO. 2010-00006) (1151 NORTH EUCLID STREET) WHEREAS, on February 18, 2009, the Anaheim City Planning Commission, by its Resolution No. PC2009-025, did approve Conditional Use Permit No. 2008-05395 to permit a convenience market with the sales of beer, wine and distilled spirits; and WHEREAS, the property is developed with a commercial center and is located in the General Commercial (CG) Zone and is designated for Corridor Residential land uses in the City of Anaheim General Plan; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a Conditional Use Permit to expand a previously-approved convenience market into an adjacent unit 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 this reference. WHEREAS, the applicant has requested approval to expand a previously- approved 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 April 12, 2010, 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 study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to expand a previously-approved 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 (Conditionally Permitted Uses) 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 market 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 convenience market will require the same 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; 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. 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 for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-05395A 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 permit is approved without limitations on the hours of operation or duration of use. Amendments, 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 April 12, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions - General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim 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 April 12, 2010, 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 April, 2010. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 5 - PC2010- EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2008-05395A NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING PRIOR TO FINAL BUILDING AND ZONING INSPECTION 1 Rooftop address numbers shall be painted on the roof for the 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 material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. Police 2 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning GENERAL – ONGOING DURING PROJECT OPERATION 3 No required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Planning/Code Enforcement 4 All exterior doors shall have adequate security hardware. Police 5 Rear entrance doors shall be numbered with the same address numbers or suite number of the business. Addresses shall have a minimum letter height of 4 inches. Police 6 The applicant/operator shall provide a comprehensive security alarm system for the following: • Perimeter building and access route protection. • High valued storage areas. • Perimeter fence and security gating. Police 7 The applicant shall maintain on file an Emergency Listing Card, Form APD-281, with the Police Department. Police 8 The applicant shall complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. Police 9 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from Police/Code - 6 - PC2010- NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING 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. Enforcement 10 No alcoholic beverages shall be displayed outside of the building or within five (5) feet of any public entrance to the building. Police/Code Enforcement 11 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building Police/Code Enforcement 12 The sales of alcoholic beverages shall be made to customers only when the customer is in the building. Police/Code Enforcement 13 The sale of beer or malt beverages in quantities of quarts, 16 oz., 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. Police/Code Enforcement 14 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. Police/Code Enforcement 15 The parking lot, shipping and receiving areas, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings of the premises shall be equipped with lighting of a minimum one (1) foot candle power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Police/Code Enforcement 16 There shall be no amusement machines, video game devices or pool tables maintained on the premises at any time. Police/Code Enforcement 17 There shall be no public telephones on the property that are located outside of the building and within the control of the applicant. Police/Code Enforcement 18 Wine shall not be sold in bottles or containers smaller than 750 ml. and wine coolers shall not be sold in packages containing less than a 4 pack. Police/Code Enforcement [DRAFT] ATTACHMENT NO. 3 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** 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. 2010-00064 (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 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 April 12, 2010, 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: - 2 - PC2010-*** 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 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 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 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 Census Tract 867.1 with a population that allows for five off sale ABC licenses and there are presently four licenses in the tract; and, ten on-sale licenses and there are presently three in the tract. The Anaheim Police Department evaluates these requests based on the crime rates within the police reporting district by utilizing a ¼ mile radius for the subject site. This site has a ¼ mile radius crime rate of 363% percent above the average. However, although this is a high crime area, most of the reported incidents are attributed to the high density residential neighborhood to the west. In comparison, there is a below average crime rate along this commercial corridor. 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 of the City of Anaheim as the sale of alcoholic beverages is ancillary to the proposed market and would serve as an added convenience to those who choose to shop at this establishment. 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. 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. - 3 - PC2010-*** 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 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 Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the Anaheim 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 April 12, 2010. 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 - 4 - PC2010-*** 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 April 12, 2010, 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 April, 2010. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT ‘B” PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2010-00064 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL – ONGOING DURING PROJECT OPERATION 1 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police/Code Enforcement 2 No alcoholic beverages shall be displayed outside of the building or within five (5) feet of any public entrance to the building. Police/Code Enforcement 3 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building Police/Code Enforcement 4 The sales of alcoholic beverages shall be made to customers only when the customer is in the building. Police/Code Enforcement 5 The sale of beer or malt beverages in quantities of quarts, 16 oz., 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. Police/Code Enforcement 6 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. Police/Code Enforcement 7 There shall be no amusement machines, video game devices or pool tables maintained on the premises at any time. Police/Code Enforcement 8 There shall be no public telephones on the property that are located outside of the building and within the control of the applicant. Police/Code Enforcement 9 Wine shall not be sold in bottles or containers smaller than 750 ml. and wine coolers shall not be sold in packages containing less than a 4 pack. Police/Code Enforcement - 7 - PC2010-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING 10 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. Planning 11 Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Planning 12 Approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Planning 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.