Placentia Planning Commission Agenda Regular Meeting February 12, :30 p.m.

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1 Placentia Planning Commission Agenda Regular Meeting February 12, :30 p.m. Michael Ebenhoch Chairman Christine Schaefer Vice Chair Dana Hill Commissioner Frank Perez Commissioner John Scull Commissioner Thomas Solomonson Commissioner Vic Tomazic Commissioner City of Placentia 401 E Chapman Avenue Placentia, CA Phone: (714) Fax: (714) Website: Procedures for Addressing the Commission Any person who wishes to speak regarding an item on the agenda or on a subject within the Planning Commission s jurisdiction during the Oral Communications portion of the agenda should fill out a Speaker Request Form and give it to the Commission Secretary BEFORE that portion of the agenda is called. Testimony for Public Hearings will only be taken at the time of the hearing. Any person who wishes to speak on a Public Hearing item should fill out a Speaker Request Form and give it to the Commission Secretary BEFORE the item is called. The Commission encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of an entire group. To encourage all views, the Commission discourages clapping, booing or shouts of approval or disagreement from the audience. PLEASE SILENCE CELL PHONES AND OTHER ELECTRONIC EQUIPMENT WHILE THE COMMISSION IS IN SESSION. Special Accommodations In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk s Office at (714) Notification 48 hours prior to the meeting will generally enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR ADA Title II) Copies of all agenda materials are available for public review in the Office of the City Clerk, City Planning Division Counter, Placentia Library Reference Desk and the internet at under the Planning Commission page. Persons who have questions concerning any agenda item may call the City Planning Division at (714) to make inquiry concerning the nature of the item described on the agenda. In compliance California Government Code Section , any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda that are not exempt from disclosure under the Public Records Act will be made available for public inspection at the City Clerk s Office at City Hall, 401 East Chapman Avenue, Placentia, during normal business hours. Study Sessions are open to the public and held in the City Council Chambers or City Hall Community Room. Planning Commission Page 1 of 3 February 12, 2013

2 City of Placentia Community Room 401 E. Chapman Avenue February 12, 2013 REGULAR MEETING 6:30 p.m. City Council Chambers MEETING CALLED TO ORDER ROLL CALL: Chairman Ebenhoch Vice Chairman Schaefer Commissioner Hill Commissioner Perez Commissioner Solomonson Commissioner Scull Commissioner Tomazic PLEDGE OF ALLEGIANCE: ORAL COMMUNICATIONS: At this time, the public is invited to address the Planning Commission concerning any items on the agenda, which are not public hearings, or other items under the jurisdiction of the Placentia Planning Commission MINUTES: December 11, 2012 January 8, 2013 PUBLIC HEARING 1. Applicant: Daniel Flores (Golden State Water Company) Location: 202 Wilson Avenue Development Plan Review : To permit the construction of a +/- 256 square foot pump house structure to enclose a new Golden State Water Company domestic water well and a detached +/- 720 square foot equipment shelter with other related on site improvements on a +/- 9,100 square foot site at 202 Wilson Avenue in the Single Family Residential (R-1) District. Recommended Action: Adopt Resolution No. PC approving Development Plan Review , subject to all Special Conditions of Approval and Standard Development Requirements. Planning Commission Page 2 of 3 February 12, 2013

3 2. Applicant: Martin Vallejo Location: 102 E. Yorba Linda Boulevard Use Permit (UP) : To permit the sale of alcoholic beverages (Type 20 Off-Sale Beer and Wine) for off-site consumption, in conjunction with the operation of a +/- 1,600 square foot convenience store, located at 102 E. Yorba Linda Boulevard in the Town Center (T-C) District. Recommended Action: Adopt Resolution No. PC approving Use Permit (UP) , subject to all Special Conditions of Approval and Standard Development Requirements. NEW BUSINESS 3. Proposed Temporary Accessory Retail Sales in the Manufacturing District Pilot Program: Planning Commission review for recommendation to the City Council the allowance of accessory retail sales in manufacturing districts on a pilot basis through the implementation of a temporary Accessory Retail Sales in the Manufacturing District program. Recommended Action: That the Planning Commission provide comments and recommend for approval to the City Council a Temporary Accessory Retail Sales in the Manufacturing District Pilot Program. DEVELOPMENT REPORT Development Project List PLANNING COMMISSION REQUESTS Commission members may make requests or ask questions of staff. If a Commission member would like to have formal action taken on a requested matter, it will be placed on a future Commission Agenda. ADJOURNMENT The Planning Commissioners ADJOURN to a Regular meeting on Tuesday, March 12, 2013 at 6:30 p.m. in the City Council Chambers at 401 East Chapman Avenue, Placentia. Planning Commission Page 3 of 3 February 12, 2013

4 CERTIFICATION OF POSTING I, Kenneth A. Domer, Secretary to the Planning Commission of the City of Placentia, hereby certify that the Agenda for the February 12, 2013 Regular meeting of the Planning Commission of the City of Placentia was posted on February 7, Kenneth A. Domer Planning Commission Page 4 of 3 February 12, 2013

5 PLACENTIA PLANNING COMMISSION MINUTES OF THE REGULAR MEETING December 11, 2012 The regular meeting of the Placentia Planning Commission of December 11, 2012 was called to order at 6:30 p.m. in the City Council Chambers, 401 East Chapman Avenue, Placentia, by Chairman Ebenhoch. ROLL CALL: Present: Michael Ebenhoch, Chairman Vic Tomazic, Vice Chairman Dana Hill, Commissioner Frank Perez, Commissioner Christine Schaefer, Commissioner Tom Solomonson, Commissioner Absent Excused: John Scull, Commissioner PLEDGE OF ALLEGIANCE: Others Present: Led by Commissioner Hill Ken Domer, Assistant City Administrator Andrew V. Arczynski, City Attorney Monique Schwartz, Associate Planner Cathy Carranza, Clerical Aide Motion by Commissioner Schaefer, seconded by Vice Chairman Tomazic, to approve the minutes of November 13, Passed by a vote. Commissioner Scull was absent. Commissioner Hill and Commissioner Perez abstained. ORAL COMMUNICATIONS: The Chair invited the public to make oral comments on matters not on the agenda and none were offered. ELECTION OF CHAIRMAN: Mr. Domer opened the nominations for Chairman of the Planning Commission. Vice Chairman Tomazic thanked Chairman Ebenhoch for his service to date and re-nominated him to assume his position as Chairman. Commissioner Solomonson secondeded the nomination. Commissioner Ebenhoch accepted and having no other nominations, the vote was taken. Passed by a vote. Ebenhoch abstained ELECTION OF VICE CHAIRMAN: Commissioner Solomonson nominated Commissioner Schaefer as Vice Chair. Chair Ebenhoch seconded the nomination. Having not other nominations, the vote was taken. Passed vote. Schaefer abstained 1

6 Public Hearings: Old Business: 1. Applicant: Sprint C/O SAC Wireless: Mark Berlin Location: 506 S. Fee Ana Street Use Permit (UP) : Request to modify a wireless communication facility of an existing +/- 65 foot high freestanding monopine and related ground equipment located at 506 S. Fee Ana Street in the Manufacturing (M) District. Mr. Domer presented the staff report. Chairman Ebenhoch asked for confirmation that this was the first monopine in the city and if the elevations shown in the slides will be to that level. Mr. Domer stated that we did not have exact renderings but will require such before issuing any building permits to either carrier. Commissioner Hill asked if there is a way to keep kids from climbing the pole. Mr. Domer stated that the pole is 10 or 12 feet above ground level in a locked enclosed area and is located on a private property that is locked at night. Chairman Ebenhoch opened the public hearing and invited the applicant to address the Commission. The Applicant Mark Berlin, representing Sprint of 357 Rosemont St. La Jolla, CA introduced himself to the Commission. Mr. Berlin stated that it would be beneficial to enhance this tree due to the age. Sprint is willing to be responsible for the upgrades to their antennas and have the owner T-Mobile take care of the remaining. They have been corresponding with T-Mobile who owns the tree. Vice Chair Schaefer asked for clarification that Sprint will provide the new socks for their 12 (twelve) antennas. Mr. Berlin stated that they will be using material that staff supports as per condition 17. The material will not degrade any signals. Mr. Domer stated that condition 17 states that prior to issuing a building permit the applicant is required to provide a letter and plans with the work that is going to be done. Thomas Mundl applicant for T-Moble of 1576 Batavia, Orange introduced himself to the Commission. Mr. Mundl confirms that T-Moble has been in communication with Sprint regarding the cost sharing. Chairman Ebenhoch closed the Public Hearing. Motion by Vice Chair Schaefer, seconded by Commissioner Tomazic TO ADOPT RESOLUTION NO. PC APPROVING OF USE PERMIT (UP) , SUBJECT TO ALL SPECIAL CONDITIONS OF APPROVAL AND STANDARD DEVELOPMENT REQUIREMENTS SET FORTH THEREIN. Passed by a vote. 2

7 2. Applicant: T-Mobile C/O Reliant Land Services: Tom Mundl Location: 506 S. Fee Ana Street Use Permit (UP) : Request to modify a T-Mobile wireless communication facility on an existing +/-65 foot high freestanding monopine and related ground equipment located at 506 S. Fee Ana Street in the Manufacturing (M) District. Ms. Schwartz presented the staff report. Chairman Ebenhoch opened the Public Hearing and invited the applicant to address the Commission. Thomas Mundl applicant for T-Moble of 1576 Batavia, Orange introduced himself to the Commission. Mr. Mundl asked that the Commission consider amending condition 17. In order to support this condition, we would have to replace to entire tower. Chairman Ebenhoch asked what their maximum elevation is. Mr. Mundl stated that he has been told that they cannot drill into the exsisting pole. Therefore it is only designed to support the original number of branches. Chairman Ebenhoch asked if they are not able to comply with condition 17, that they would have to come up with a new engineered pole to meet the needs on the condition. Mr. Mundl confirmed that yes, they would have to come with a new current pole. Vice Chair Schaeffer asked how many additional holes would be needed. Mr. Mundl stated that it has to do with the additional weight and the wind loading. Mr. Mundl added that he would have to get approval and cost from T-Mobile on a new tower. Commissioner Hill asked for clarification the upgrades that other carriers are using. Mr. Mundl stated that this is to provide the enhanced data communications that the customers are demanding. Commissioner Solomonson asked if Mr. Mundl knows what the price would be for a new pole. Mr. Mundl stated that he does not know and would have to confirm pricing. Mr. Domer stated that if T-Mobile cannot meet the current conditions, they can come back with a new pole design, but that Condition 17 is a requirement the City will enforce. Chairman Ebenhoch closed the Public Hearing. Motion by Chairman Ebenhoch, seconded by Commissioner Tomazic TO ADOPT RESOLUTION NO. PC APPROVING OF USE PERMIT (UP) , SUBJECT TO ALL SPECIAL CONDITIONS OF APPROVAL AND STANDARD DEVELOPMENT REQUIREMENTS SET FORTH THEREIN. Passed by a vote. 3

8 . 3. Applicant: Golden State Water Company: Daniel Flores Location: 202 Wilson Avenue Development Plan Review : To permit the construction of a +/- 600 square foot pump house structure to enclose a new Golden State Water Company 1,500-2,500 gallon per minute domestic water well, +/- 900LF of 12 inch diameter distribution water line and +/-900 LF of 16 inch diameter drain line connecting to the public storm drain, as well as associated water well facilities for the purpose of improving fire flow and water quality in the existing Placentia water system and other related on site improvements on a +/-9,100 square foot site at 202 Wilson Avenue in the Single Family Residential (R-1) District. Ms. Schwartz presented the staff report. Chairman Ebenhoch asked if the applicant received a copy of the received from Susan Fisher and Matt Wilkin. Ms. Schwartz was handed a copy of the letter and read it to the Commission. Ms. Schwartz added that a copy of the letter was forwarded to Golden State Water District. Vice Chair Schaefer asked how the residential location was selected for the well site. Ms. Schwartz stated that the logistics determined by the Water Company of where it needed to be for their requirements. Vice Chair Schaefer asked if the other sites in the city have the same extent of equipment. Ms. Schwartz confirmed that she believes so. Commissioner Tomazic asked for clarification of condition #11. Ms. Schwartz confirmed that irrigation is required to drain properly off their site. Commissioner Hill asked who will be paying for this upgrade. Ms. Schwartz stated that it is Golden State Water. Commissioner Perez if there is a plan in case of a chlorine spill. Ms. Schwartz suggested addressing this concern with the applicant. Vice Chair Schaefer asked if the existing residential structure on this land has been occupied by the owners or if Golden State Water owns the land. Ms. Schwartz responded that it has been vacant and is owned by Golden State. Vice Chair Schaefer asked if it s possible to get a list of the other locations in the city for water wells. Ms. Schwartz responded that she will get the listing. Commissioner Solomonson asked if the structure will have the appearance of a house. Ms. Schwartz stated that it will look like a simple structure with an A frame roof. Chairman Ebenhoch opened the Public Hearing and invited the applicant to address the Commission. 4

9 Robert Hanford Orange County District Manager for Golden State Water Company, 1920 West Corporate Way, Anaheim introduced himself to the Commission. Mr. Hanford stated that when the well in Stanton was built it met the noise requirements for that location. He added that the enclosure building is wood frame with spaces at the bottom to allow it to be rolled off the well. The location in Placentia will be block construction fully containing the pump and stated this construction will meet the city noise requirements. Commissioner Solomonson asked for clarification of the sound rating. Mr. Hanford stated that it would be low frequency. Commissioner Tomazic ask what would be done if the sound control became noisy issue. Mr. Domer stated that the city s noise zones are split into three noise zones, residential, commercial and industrial. The residential noise zone will have to be met at this location. Commissioner Hill asked for clarification on the cost of this project. Mr. Hanford stated that the project is approved under the current capital program. This will have no impact on the existing rates. Vice Chair Schaefer asked how this site location was chosen. Mr. Hanford stated that availability of a vacant parcel. Vice Chair Schaefer asked if this will improve the water pressure in the area. Mr. Hanford stated that it won t change the pressure but will change the water volume availability. Chairman Ebenhoch asked when Golden State Water acquired this property. Mr. Hanford stated that it approximately in Chairman Ebenhoch asked for clarification on drilling operation. Mr. Hanford stated that initial drilling will determine if the well is viable. Chairman Ebenhoch asked staff to clarify drilling requirements. City Attorney Andrew Arczynski confirmed that construction requirements must be met. Mr. Hanford stated that initial drilling will be 24/7 for a period of a few days due to the need to maintain continuous drilling or the well walls could collapse on themselves. If needed, residents will be put up in temporary hotels during the initial drilling. Chairman Ebenhoch opened the Public Hearing. Charles Davis, regarding 208 Wilson Ave, of Avenida Topanga, Mission Viejo introduced himself to the Commission. Mr. Davis has concerns with the appearance and noise at the site. Mr. Davis says that he has addressed drainage issues with the City when the block wall was built along Kraemer Park. He states that his property drains to his back yard near Kraemer Park and that adequate drainage was not provided. Susan Fisher of 148 Wilson Ave introduced herself to the Commission. Mrs. Fisher is concerned with the noise level and appearance of the new site. She visited a Golden State Pump House site in Stanton and is concerned with the noise level because her bedroom wall sides the proposed Pump House. Commissioner Hill asked if Mrs. Fisher could share the video that she recorded from the Stanton location. Vice Chairman Ebenhoch stated that this location is in a commercial area and the noise allowances are different from residential. 5

10 Brian Nears 143 Wilson Ave introduced himself to the Commission. Mr. Nears is concerned with the appearance in his residential neighborhood. He is also concerned about the big vehicles that will be making deliveries. John Napoli of 215 Wilson introduced himself to the Commission. Mr. Napoli has concerns with night construction. Cliff Rosen 211 Wilson introduced himself to the Commission. Mr. Rosen is concerned with the looks of the site. He would like to see the landscape remain in front of the block walls. He is also concerned with the noise. Mr. Robert Hanford of Golden State Water states that the initial drilling may take 2 to 3 days. During this time work will be 24/7. Mr. Hanford states that the noise level will be different than the Stanton location. Mr. Hanford adds that the appearance is needed for maintaining the security of the site. Vice Chair Schaefer asked for clarification on the drainage issues. Mr. Hanford stated that onsite drainage will be conveyed off the property per plans to a storm drain. Commissioner Solomonson asked if the structure could look more like a house. Mr. Hanford stated that this would be their standard block wall construction with no windows. Commissioner Hill asked if Golden State Water would be willing to work closer with the residents. Mr. Hanford stated that a second outreach meeting could be arranged. Chairman Ebenhoch closed the Public Hearing. Motion by Vice Chair Schaefer, seconded by Commissioner Hill TO CONTINUE, TO February 12, 2013 MEETING OF THE PLANNING COMMISSION. Passed by a vote. STUDY SESSION 4. Applicant: The Olson Company Location: 1049 Golden Avenue Study Session on a proposed 33 unit paired and detached small lot residential community on a 2.63 acre parcel for a net density not to exceed 12.5 dwelling units per acre. The City Council will consider the development through a Development Agreement to provide for flexibility in the City s R-3 high density zoning district related to development standards. When single family residences are developed in the R-3 district the Placentia Municipal Code requires R-1 development standards. The proposed development exceeds the R-1 standards for density and setback standards. Ms. Schwartz presented the staff report. John Reischl Director of Development for the Olson Company introduced himself to the Commission. Mr. Reischl stated that the site plan is for 33 paired and single family detached homes with 18 guest parking. 6

11 Commissioner Perez asked for clarification on the setbacks. Mr. Reischl stated that there are some 8 feet and some 10 feet separating some buildings. Commissioner Perez is concerned with the placing of trash cans. Vice Chair Schaefer asked for square footage of the paired units. Mr. Reischl responded that there the same square footage as the single family units 1,747. Vice Chair Schaefer asked if this is a gated community. Mr. Reischl responded no it is not. Chairman Ebenhoch asked what the market value would be. Mr. Reischl stated they would sell from the high 4 s to the mid 5 s. Vice Chair Schaefer asked if this development would be similar to the Crescent Height development. Mr. Reischl stated that Crescent Height has a zero lot line and is very similar to this one but does not have shared walls. Commissioner Hill asked if they would consider doing a study and increasing lot sizes. Mr. Reischl stated that they looked at what is in the market today and small lot single family is a popular product. Commissioner Solomonson asked if there will be a swimming pool in the development. Mr. Reischl stated that for the price range there will not be a pool. Commissioner Tomazic asked about their construction schedule. Mr. Reischl stated that they would like to start construction by spring and have closings at the end of John Reekstin of the Olson Company introduced himself to the Commission. Vice Chair Schaefer asked if there will be an affordable housing requirement. Mr. Reekstin stated yes there will be according to the development agreement. It will be based on 10% requirement. The developer plans on paying an in-lieu fee instead of providing the required units in the development. DEVELOPMENT REPORT Development Project List Chairman Ebenhoch asked for an update on the Arco Station at 102 E. Yorba Linda Blvd. Ms. Schwartz advised that the smog station will become a convenience store. Chairman Ebenhoch asked for clarification of the curb cut at the Arco Station on Rose and Yorba Linda. Ms. Schwartz stated that there will be a right turn lane installed and the Edison pole will be moved. Ms. Schwartz updated the Commission on Mc Donald s at 164 Yorba Linda Blvd., they will be scraping their site and building in the same location to include a drive thru. Mr. Domer updated the Commission on the Fresh & Easy Market. Plans are ready to be picked up. Tesco Corporation will be selling all stores that are up and running. The City has not had any contact from them but is not optimistic the project will go through. 7

12 Mr. Domer updated the Commission on Crunch Fitness. They are almost done and will be open soon. Ms. Schwartz commented on the number of Solar submissions received by the City. PLANNING COMMISSION REQUESTS: Chairman Ebenhoch adjourned the Planning Commission meeting at 9:04 p.m. to the next regularly scheduled meeting on January 08, 2013 in the City Council Chambers at 401 East Chapman Avenue, Placentia. Submitted by, Ken Domer Assistant City Administrator 8

13 PLACENTIA PLANNING COMMISSION MINUTES OF THE REGULAR MEETING January 08, 2013 The regular meeting of the Placentia Planning Commission of January 08, 2013 was called to order at 6:30 p.m. in the City Council Chambers, 401 East Chapman Avenue, Placentia, by Chairman Ebenhoch. ROLL CALL: Present: Michael Ebenhoch, Chairman Christine Schaefer, Vice Chair Dana Hill, Commissioner Frank Perez, Commissioner Vic Tomazic, Commissioner Tom Solomonson, Commissioner John Scull, Commissioner PLEDGE OF ALLEGIANCE: Others Present: Led by Commissioner Perez Ken Domer, Assistant City Administrator Andrew V. Arczynski, City Attorney Monique Schwartz, Associate Planner Cathy Carranza, Clerical Aide ORAL COMMUNICATIONS: The Chair invited the public to make oral comments on matters not on the agenda and none were offered. Motion by Vice Chair Schaefer, seconded by Commissioner Tomazic, to defer the approval of the minutes of December 11, 2012 to the February 12, 2013 Planning Commission Meeting. Passed by a 7-0 vote. Public Hearings: STUDY SESSION No action may be taken by the Planning Commission at the Study Session. 1. Applicant: HQT HOMES 2010 LLC Location: 1128 N. Kraemer Boulevard The City of Placentia is considering a 112-unit residential and mixed use development. The residential component of the proposed project will include 50 townhome units, 50 duplex units (two units in a single building), and 12 units located above the ground floor commercial. The commercial component of the proposed project will consist of 5,550 square feet. The 7.98-acre project site is located on a lot with frontage along Kraemer Boulevard and Angelina Drive. The proposed project also proposes to incorporate an existing 4,563 square-foot commercial building located at the southeast corner of North Kraemer Boulevard and Morse Avenue into the project to facilitate improved design, vehicular access and circulation. The site is currently zoned R-1, low density residential and will be considered through a Development Agreement, in part to allow an 1

14 increase in density to 14 dwelling units per acre. Ms. Schwartz presented Don Huennekens of HQT Homes to the Planning Commission. The applicant Don Huennekens of HQT Homes introduced himself to the Planning Commission. Mr. Huennekens also introduced Duane Huennekens and Paul Feilberg of HQT Homes and Brian Sevy of KTGY Architectural Firm. Mr. Huennekens reviewed HQT s history with the City of Placentia and offered to take the Planning Commission on a field trip of the Schaner Ranch or any of their other projects. Brian Sevy of KTGY Group introduced himself to the Planning Commission and gave a Power Point presentation. Mr. Sevy stated that there will be 3 housing types (paired homes, town homes and a mixed use building) and 2 active parks in the development. Mr. Huennekens stated that they are working on getting a 7-11store to occupy half of the existing commercial building on Kraemer and Morse St. Vice Chair Schaefer asked if there is only 1(one) major entry. Mr. Huennekens stated that yes the one major entry in lined up with New Castle St. Commercial Scull asked if there is a secondary emergency access. Mr. Huennekens replied that there is not and the fire department hasn t made a requested. Vice Chair Schaefer asked if the project is gated. Mr. Huennekens stated that it is not. Commissioner Tomazic asked if they have gone through the Fire Department with the plans. Mr. Huennekens stated that the plans have been filed with the Fire Department. Commissioner Scull asked if the Fire Department did a turning radius. Mr. Huennekens stated that this project meets the turning radius. Chairman Ebenhoch asked for clarification of 1/2 guest parking per unit. Mr. Huennekens stated yes it is. Commissioner Tomazic asked if there is a schedule for the project. Mr. Huennekens stated that they are looking to have City approval by March or April 2013 and start grading in July. They are hoping to start building by the end of Homes should be available to be delivered by mid-year Vice Chair Schaefer asked if there are any other commercial tenants lined up. Mr. Huennekens stated that they have not looked into commitment from anyone yet. Vice Chair Schaefer asked if the other 3 Schaner homes on Kraemer will be cleaned up. Mr. Huennekens stated that they will have to clean up at least the back of their yards, but he can t commit to them cleaning the front yards. Mr. Huennekens also stated that there will be a 6 foot wall that goes around the property. Commissioner Perez asked where the trash locations would be. Mr. Huennekens stated that locations would vary. The location for the paired homes would be on the side of the homes. The town homes would be located in the garage. The mixed use building will be a common use will be a trash bin. 2

15 Vice Chair Schaefer asked for square footage clarification on the five plex and the commercial area. Mr. Huennekens stated that the town style homes will be sq. ft., the mixed use building sq. ft. and the paired homes will be larger. Vice Chair Schaefer asked what the price range would be. Mr. Huennekens stated from the high $200,000 to $500,000. Commissioner Perez asked if the project would have solar systems. Mr. Huennekens stated no. Chairman Ebenhoch asked for clarification of the trash cans located in the garage area. Mr. Huennekens stated that the attached town homes would be in the garage. Vice Chair Schaefer asked which elementary school residents would be going to. Mr. Huennekens stated, Morse Elementary which is located down the street. Commissioner Scull asked if the streets will be private. Mr. Huennekens stated that all streets inside the entry will be private. Commissioner Scull asked if the sewer will be private. Mr. Huennekens stated that the water will be provided by Golden State Water Company and the sewer will be connected to the public sewer. Commissioner Scull asked if there will different fire systems for the different product types. Mr. Huennekens stated yes they will. Commissioner Scull asked if the paired homes and the town homes are fee simple lots. Mr. Huennekens stated yes they are. Commissioner Scull asked what the homeowner obligations in terms of maintenance verses the HOA. Mr. Huennekens stated that the back yard of the paired homes will be the responsibility of the home owner, the common area including the end of the streets will be HOA maintained. Commissioner Scull asked if they have done a HOA budget. Mr. Huennekens stated no they haven t. Commissioner Scull asked if the CCR is going to limit the type of uses that go into the first floor commercial area. Mr. Huennekens stated yes. Vice Chair Schaefer asked if there is a need for soil remediation. Mr. Huennekens stated no, the soil is clear. A phase 1 and 2 were done to be sure. Commissioner Scull asked if the California rooms bring into any potential set back or building separation issues. Mr. Huennekens stated no, we are all within the setback rules. Chairman Ebenhoch asked if there are other projects that are similar to this one for the Planning Commission to look at. Mr. Huennekens stated that there are similar townhomes in Lakewood and Bellflower. The Bellflower location is 3 to 4 months from completion. Vice Chair Schaefer asked if the Bradford homes are all the same product. Mr. Huennekens stated there are 2 different products. All the homes were sold out in 2008, they were built in phases and were sold out as they were built. Commissioner Solomonson asked the approximate square footage of the commercial/retail space. Mr. Huennekens stated that the total commercial square footage is 5,000 sq ft. 3

16 Commissioner Scull asked if there is a constructions phase schedule put together. Mr. Huennekens stated no. Mr. Huennekens stated the construction will begin in the front and work back, so that the homeowners don t have to drive through the construction. Commissioner Scull asked if the commercial use building will trail the construction of the homes. Mr. Huennekens stated that the homes will start 2-3 months ahead. Commissioner Scull asked if they will consider a temporary access for construction. Mr. Huennekens stated yes. Vice Chair Schaefer asked if there will be a swimming pool and jacuzzi in the Tot Lot area. Mr. Huennekens stated no there will not. Commissioner Scull asked if they will be doing a CFD. Mr. Huennekens stated that they are working with City on a development agreement for a small CFD to pay for city services by the homeowners. Commissioner Scull asked for clarification of the tax rate. Mr. Huennekens stated less than $ per year in addition to the 1%. Vice Chair Schaefer asked if there are different levels of quality in other projects and what the quality will be for our project. Mr. Huennekens stated the quality will be high. Vice Chair Schaefer asked if location information can be provided to the staff on other completed projects. Mr. Huennekens stated yes, he will provide the information to Monique Schwartz. DEVELOPMENT REPORT No development report. PLANNING COMMISSION REQUESTS: Commissioner Tomazic asked for clarification of a past discussion regarding consolidating Placentia Fire Departments. Mr. Domer stated that based on an OCFA report it would not work with response time issues that they have. Commissioner Scull, seconded by Commissioner Tomazic adjourned the Planning Commission meeting at 7:35 p.m. to the next regularly scheduled meeting on February 12, 2013 in the City Council Chambers at 401 East Chapman Avenue, Placentia. Submitted by, Ken Domer Assistant City Administrator 4

17 REQUEST: Placentia Planning Commission Agenda Staff Report AGENDA ITEM NO.: 1 DATE: February 12, 2013 PUBLIC HEARING: Yes APPLICATION(S): Development Plan Review (DPR) DESCRIPTION: To permit the construction of a +/- 256 square foot pump house structure to enclose a new Golden State Water Company domestic water well and a detached +/- 720 square foot equipment shelter with other related on site improvements on a +/- 9,100 square foot site at 202 Wilson Avenue in the Single Family Residential (R-1) District. RELATED APPLICATIONS: None APPLICANT: Golden State Water Company: Daniel Flores PROPERTY OWNER: Golden State Water Company LOCATION: 202 Wilson Avenue CEQA DETERMINATION: Mitigated Negative Declaration ; Section and Guidelines Section ZONING: Single Family Residential (R-1) APN(S): District GENERAL PLAN: Low Density CITY COUNCIL ACTION REQUIRED: No Residential PREPARED BY: Monique B. Schwartz, Associate Planner REVIEWED BY: Kenneth A. Domer, Assistant City Administrator, Development Services To permit the construction of a +/- 256 square foot pump house structure to enclose a new Golden State Water Company domestic water well and a detached +/- 720 square foot equipment shelter with other related on site improvements on a +/- 9,100 square foot site at 202 Wilson Avenue in the Single Family Residential (R-1) District. BACKGROUND: Development Plan Review was presented to the Planning Commission on December 11, At the Public Hearing, the Planning Commission received testimony and held discussion on the operational characteristics, appearance and the proposed noise generated by the operation of the new well. The neighboring residents voiced the following concerns about the project: The facility did not look residential and did not blend with the neighborhood. The potential noise generated by the well will be disturbing and disrupt their quality of life. Project will degrade property values Existing Golden State Water Company well in the City of Stanton produces a high pitched whistle that is very disturbing. This could be similar to that of Wilson well.

18 Large vehicles servicing the project site. Landscaping in front of the proposed block walls On site drainage Based on the received testimony and Planning Commission discussion, The Planning Commission directed staff to continue this item to the February 12, 2013 meeting so that the applicant could present an aesthetically improved building and site design and hold a second community meeting for the neighborhood to address any outstanding issues. On January 31, 2013, Golden State Water Company conducted a second community informational meeting where they presented a revised site plan and building design. The revised site plan included the removal of a driveway entry off of Wilson Avenue and the construction of two separate structures with additional landscaping. The applicant explained that the drawings were conceptual and once the project is approved, they were going to hire a consultant to finalize the design. Three neighboring residents came to the meeting where they asked questions to the five Golden State Water Company staff members. A copy of the minutes from the January 31, 2013 community meeting are attached as Exhibit 6 of this staff report. INTRODUCTION: American States Water Company is the parent of Golden State Water Company. Through its subsidiaries, American States Water Company provides water service to 1 out of 36 Californians located within 75 communities throughout 10 counties in Northern, Coastal and Southern California. Approximately 40 percent of the Placentia Customer Service Area water supply is imported water purchased from the Municipal Water District of Orange County. The remaining 60 percent of the supply is pumped from 5 wells in the customer service area. This project will improve fire flow and water quality within the Placentia System as well as provide an additional source of water to increase system groundwater production capacity and reliability. According to of the Placentia Municipal Code, a public utility is among the uses within the Single Family Residential District that requires Use Permit approval; however, as determined by the City Attorney, and pursuant to the California Public Utilities Code and California Government Code 53091(e), the proposed water supply well is exempt from the City s Zoning Code from Use Permit requirements because this type of facility is for the production, generation, storage, treatment or transmission of water. This exemption is subject to compliance with all requirements of the Public Utilities Code, including In addition, the exemption is limited by the terms of the Government Code and subsequent court decisions to include facilities directly and immediately used to produce, generate, store, treat or transmit water. All other structures are subject to the review of the Development Services Department, thus the purpose of this application. The proposed well site contains an existing single family residential structure that will be demolished according to State and City of Placentia regulations. The applicant proposes 2

19 to construct a +/- 256 square foot pump house and a +/- 720 square foot equipment enclosure with related on and off site improvements. Pursuant to of the Placentia Municipal Code, construction of new buildings over 250 square feet shall require Planning Commission approval of a Development Plan Review application to ensure compliance with all applicable development standards of the Placentia Municipal Code. RECOMMENDATION: City Planning Division is recommending approval of Development Plan Review , subject to the attached recommended Special Conditions of Approval and Standard Development Requirements and approval of Mitigated Negative Declaration including mitigating measures prepared by RBF Consulting and reviewed by Tierra West Advisors. DISCUSSION: The proposed well site is located on a residential property at 202 Wilson Avenue. Wilson Avenue is situated north of Chapman Avenue and west of Bradford Avenue. The south (rear) property line of the subject site abuts the north property line of Kraemer Park. The site is currently improved with a single family home that will be demolished as part of this project. Subject Site and Surrounding Land Uses: Existing Land Use Land Use Element General Plan Designation Low Density Zoning Map Designation Existing Existing vacant single R-1 family residence Residential Proposed Demolish existing single Low Density R-1 family residence and Residential construct a +/- 600 square foot pump house and related on/off site improvements North Single Family Low Density R-1 Residential Residential South Kraemer Park Open Space R-1 East Single Family Low Density R-1 Residential Residential West Single Family Low Density R-1 Residential Residential 3

20 Golden State Water Company proposes to construct a new potable water well/facility designed to pump and treat approximately 1,500-2,500 gallons per minute of water into the Placentia water system. A vertical turbine pump will be located within a detached +/- 256 square foot split faced block building. North of this structure will be a +/- 720 square foot equipment building constructed of split faced block that will house a chlorination system, electrical room and instrument room. The well will be approximately 1,000 feet in depth. A 12 inch diameter waterline for conveyance from the well will connect to a new 12 inch distribution waterline. The total length of the new 12 inch distribution line is approximately 900 linear feet. All of the distribution pipeline will be constructed and buried within City of Placentia existing street right-of-way and will require the street area disturbed to be reconstructed to meet City standards. In addition, a 16 inch drain line is proposed to connect the well site to the County of Orange public storm drain system. This line will extend to an existing 54 inch storm drain system owned and operated by the County of Orange. The well facility will be entirely located on the subject property and screened behind an 8 foot high split faced block wall with wrought iron gates and perimeter landscaping. The site will be accessed through two locked gates for periodic maintenance. Development Standards in the R-1 District: Required Proposed Notes Density 6 dwelling units/acre A water well pump house and no residential structures Complies with requirement Building Site Area +/- 7,500 +/- 9,100 square feet Complies With Requirement Lot Width 75 Feet 65 L.F. Existing non conforming Height 20 Feet For Accessory Buildings Complies With Requirement Lot Coverage 50% +/- 976 sq. ft. = 0.11% Complies with Requirement Building Setbacks Front: 20 Feet (Public Street) +/- 35 LF Complies With Requirement West Side : 10 Feet 10 feet Complies With Requirement East Side: 12 Feet 8 feet Department of Public Health Requirement Parking Rear: 20 Feet Two (2) Spaces/Dwelling unit, all spaces in a garage 35 feet Because no dwelling unit will be constructed, this requirement is not necessary Complies With Requirement N/A 4

21 Density: Pursuant to the General Plan designation of Low Density Residential, the maximum density permitted in the R-1 Single Family Residential District is six (6) dwelling units per acre. This project involves the demolition of one housing unit and the construction of a non residential structure. There will not be an impact to the density of this site because no living units will be added. Coverage: As per Section of the Placentia Municipal Code, the permissible lot coverage, land area covered by building or structures is 50% of the site area, which is approximately 4,550 square feet. With the construction of the new pump house structure, the lot coverage will be 11 percent, well below the allowable lot area coverage. Setbacks: The submittal site plan indicates that the proposed pump house and equipment enclosure are +/- 8 feet from the east (side) property line (1)(A) of the Placentia Municipal Code specifies that the side yard setback on a corner lot is 12-0 ; however, because of a regulation by the Department of Public Health for new wells, this particular well cannot be drilled within a 50 foot minimum horizontal distance of any possible source of sewer contamination (sanitary, industrial, or storm; main or lateral). There is an existing sewer easement/main that runs along the west property line that dictates the proposed position of the new well. All other setbacks are in compliance with the Placentia Municipal Code. Floor Plan: The pump house will be approximately 256 square feet and will enclose the new well. A +/- 720 square foot equipment enclosure will contain three distinct compartments; a chlorination room; electrical room and instrument room. Access to both buildings will be through gated doors. Architecture: Architecturally, the submittal building elevation plans indicate that the new pump house and equipment enclosure will be constructed of split face block, plywood sheathing and coco brown asphalt shingles. The rectangular equipment enclosure will be constructed so the longer side will face Wilson Avenue, giving this building a larger residential presence on the site. The square pump house will be located behind the equipment enclosure and will not be visible on Wilson Avenue, but will be seen off Melrose Avenue. There will be no window type openings on either building. The block walls that will be located along the perimeter boundaries of the property will be 8-0 high solid split face block with two screened wrought iron gates located along the east property line. 5

22 The exterior color scheme features an earth tone palette. These finishes, materials and colors are consistent with the color palettes in the surrounding areas. Access and Interior Circulation: The main entrances to the proposed site are via a 16 foot wide gated driveway approach and a walk-in gated entry along Melrose Avenue. Off-Street Parking: Pursuant to of the Placentia Municipal Code, two spaces are required per dwelling unit, all spaces in a garage. For initial construction, 3 spaces are required for dwelling units having 5 bedrooms or more, all spaces in a garage. In this particular case, the property will not have a residential structure nor be used for residential purposes. There will only be temporary parking on the property for the servicing or maintenance of the well, equipment and property. No garage is necessary for this site. Public Outreach: The Development Services Department recommended that Golden State Water Company reach out to the neighboring properties and community regarding the construction of the new well project. The applicant in turn mailed and hand delivered 40 invitations for an Informational Community meeting to be conducted at the Backs Community Building on November 14, 2012 at 6:00 p.m. The applicant displayed color boards of the proposed project, distributed a handout with questions and answers, displayed a diagram of the structure of a water well, photographs of typical sound walls constructed at a well site during the day and a drill rig and lighting at night. Seven (7) Golden State Water Company employees and six (6) neighboring residents attended the meeting. The primary concerns voiced from the residents were the aesthetics of the proposed building and the noise. The residents preferred a slump stone block wall building as opposed to the proposed stucco façade. There were no objections to the project proposal voiced at this meeting, received by the Water Company or the City. Please refer to Exhibit 5 which is a copy of the Notice mailed out by the Water Company, the informational flyer and a summary report and pictures of the meeting provided by the applicant. As requested by the Planning Commission on December 11, 2013, Golden State Water Company conducted a second community meeting on January 31, 2013 at 6:00 p.m. at the Backs Community Building. On display were the revised site plan and elevations as well as photographs of the sound walls that will be constructed at the well site during the day. Five (5) Golden State Water Company employees and three (3) residents attended the meeting. There were no objections received regarding the new site design and elevations. There were still concerns regarding the possibility of noise generated at the site and the Water Company recommended that the citizens visit a pump station in the City of Compton, where the pump is located within a block wall structure, similar to what is being proposed. Other concerns expressed were regarding safety mechanisms during 6

23 a seismic event, how often the pump will be operating, types of chemicals stored at the site and if the pump will take too much water out of the basin. A copy of the minutes including responses by Golden State Water Company is included as Exhibit 6 of this staff report. CEQA: As described in the attached Initial Study/Mitigated Negative Declaration, in accordance with the CEQA (Public Resources Code ) and pursuant to of the California Code of Regulations, the California Department of Public Health, acting in the capacity of lead Agency, is required to undertake the preparation of an Initial Study to determine if the proposed Project would have a significant environmental impact. An Initial Study was prepared by RBF Consulting and it was concluded that a Mitigated Negative Declaration was required. The California Department of Public Health prepared the Notice of Intent to adopt a Negative Declaration and it was advertised in the Orange County Register on September 28, A Notice of Determination was filed in compliance with of the Public Resources Code. Tierra West Advisor s, the City s retained consultant performed a peer review of the Initial Study/Mitigated Negative Declaration prepared by RBF Consulting and it was concluded that although the proposal could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in the Mitigated Negative Declaration prepared by RBF Consulting have been added. A Mitigation Negative Declaration is adequate. ACTIONS: 1. Adopt Resolution No. PC approving Development Plan Review (DPR) , subject to the Special Conditions of Approval and Standard Development Requirements set forth therein. 2. Approve Mitigated Negative Declaration including mitigation measures as prepared by RBF Consulting and reviewed by Tierra West Advisors. Prepared and submitted by: Review and approved by: Monique B. Schwartz Associate Planner Kenneth A. Domer Assistant City Administrator 7

24 Attachments: Attachment A Attachment B Attachment C Exhibits: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Special Conditions of Approval and Standard Development Requirements for Development Plan Review (DPR) Placentia Police Department Standard Development Requirements Orange County Fire Authority (OCFA) Site Development Requirements Vicinity Map Site Plan/Conceptual Landscaping Plan/Floor Plan Elevations Initial Study/Mitigated Negative Declaration completed by RBF Consulting and reviewed by Tierra West Advisors Notice mailed out by the Water Company, the informational flyer and a summary report and pictures of the public meeting held on November 14, 2012 provided by the applicant. Minutes of January 31, 2013 Informational Meeting provided by the applicant. 8

25 RESOLUTION NO. PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLACENTIA APPROVING DEVELOPMENT PLAN REVIEW (DPR) PERTAINING TO PROPERTY LOCATED AT 202 WILSON AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Daniel Flores of Golden State Water Company, applicant and Golden State Water Company, owner of the property located at 202 Wilson Street ( Applicant hereinafter), heretofore filed an application for approval of Development Plan Review (DPR) , as described in the title of this Resolution. Hereinafter, in this Resolution, the subject Development Plan Review request is referred to as the Application. (ii) On February 12, 2013 this Commission conducted a duly noticed public hearing, as required by law, and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Placentia as follows: 1. The Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony and development plans, together with mitigation measures incorporated into the Project, this Commission hereby specifically finds as follows: a. The proposed project will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. Subject to compliance with the attached Special Conditions of Approval and Standard Development Requirements (Attachments A, B and C ), this development complies with all applicable code requirements 9

26 and development standards of the R-1 Single Family Residential District and Title 22, Building Codes and Regulations of the Placentia Municipal Code. b. The proposed use is consistent with the City's General Plan. The General Plan Land Use designation for the subject site is Low Density Residential, and the proposed use does not involve any change in the land use of the subject site. The proposed project involves the installation of a new water well, a +/- 256 square foot well enclosure, a +/- 720 equipment enclosure and related on and off-site improvements that will service the Placentia water system. c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.75, Development Plan Review and Chapter 23.12, Single Family Residential District of the Placentia Municipal Code. City Staff carefully examined the proposed development against the applicable development regulations prescribed in Title 23 (Zoning Ordinance), and determined it to be in substantial compliance. The proposed Development includes Special Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements. d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this development approval. Attachments A, B, and C contain Special Conditions of Approval and Standard Development Requirements specific to this development application in order to provide assurances that the proposed construction of the Wilson Well Facility and related on and off-site improvements are in compliance with applicable requirements of the Placentia Municipal Code. 3. Based upon the environmental review of the project, the Planning Commission finds that Development Plan Review will create no adverse environmental impacts. Mitigated Negative Declaration with included mitigation measures was prepared by RBF Consulting and reviewed by the City s retained consultant Tierra West Advisors in accordance with the California Environmental Quality Act (CEQA) and City Environmental Guidelines. Said Mitigated Negative Declaration hereby is approved. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby approves Development Plan Review (DPR) as modified herein, and specifically subject to the conditions set forth in Attachments "A, B, and C attached hereto and by this reference incorporated herein. 10

27 5. The Secretary to the Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application. ADOPTED AND APPROVED this 12th day of February, Chairman I, Kenneth A. Domer, Secretary to the Planning Commission of the City of Placentia, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Placentia held on the 12 th day of February, 2013, and was passed at this regular meeting of the Planning Commission of the City of Placentia held on the 12 th day of February, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAINED: COMMISSION MEMBERS: COMMISSION MEMBERS: COMMISSION MEMBERS: COMMISSION MEMBERS: ATTEST: Secretary to the Planning Commission APPROVED AS TO FORM ANDREW V. ARCZYNSKI, CITY ATTORNEY 11

28 Attachment A Special Conditions of Approval and Standard Development Requirements for Development Plan Review (DPR) SPECIAL CONDITIONS If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions of Approval listed below and the Standard Development Requirements attached. ALL OF THE FOLLOWING CONDITIONS OF APPROVAL OF DEVELOPMENT PLAN REVIEW (DPR) SHALL BE FULLY COMPLIED WITH PRIOR TO THE FINAL INSPECTION FOR USE AND OCCUPANCY OF THE PREMISES. CITY PLANNING DIVISION: 1. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation or amendment of said action by the City of Placentia Planning Commission. 2. Development Plan Review (DPR) shall expire two (2) years from the date of final approval, if not implemented. An application may be made to the Director of Development Services for a one (1) year extension. No more than one (1) extension shall be permitted. 3. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body or City staff action concerning applicant s project. The applicant shall pay the City s defense costs, including attorney fees and all other litigation-related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action. 12

29 4. Prior to the submittal of working drawings, five (5) site plans shall be submitted for the review and certification of the Director of Development Services and shall include the following information: a. All Special Conditions of Approval and Standard Development Requirements of Development Plan Review (DPR) b. Include any project revisions on the site plan. Additionally, include separate sheets with approved Special Conditions of Approval, Standard Development Requirements. c. Typical cross section views and details through the property and across each property line as directed by the Director of Development Services. d. Full site plan notes, details and dimensions. e. Location of transformers, meters and other aboveground appurtenances. 5. Prior to the issuance of any building permits, submit the following for the approval of the Director of Development Services: a. An exterior lighting plan showing location, type and design of fixtures and areas of illumination (photometric). Lighting shall neither negatively impact adjacent properties nor the public right-of-way. b. Complete landscape and irrigation plans. c. Postmaster approval of the location and design of the mailboxes, if applicable. d. Samples of all colors, textures and materials. e. A detailed site plan showing the location where building related-equipment, facilities and materials will be stored during construction. f. A detailed timeline outlining the course of drilling, grading/construction work that will take place on the property. h. A detailed site plan showing how pedestrians will be protected during construction. 13

30 6. Prior to the issuance of building permits, the developer shall submit for City approval a construction staging plan that indicates how safe vehicular and pedestrian access to the site will be maintained for the duration of the construction period. The construction staging plan shall include measures such as, but not limited to the following: a. A telephone number and a name of a contact person for registering complaints or comments shall be posted in a clearly visible manner along the perimeter of the site. b. A flag person shall be employed to direct traffic when construction vehicles access the project site and the construction staging area. c. Alternate pedestrian routes to the site shall be clearly delineated with safe access to and the site. d. If any sidewalk is blocked during construction, alternate routes for pedestrians and bicycles shall be clearly marked with signs approved by the City. e. All access points shall be clearly marked during construction, and if an access point is blocked during construction, a detour sign to an alternate access point shall be clearly posted. 7. All roof mounted equipment and appurtenances shall be screened as an integral part of the architectural design, subject to the review and approval of the Director of Development Services and the Chief Building Official. 8. Roofing materials shall comply with the City s Roofing Policy on file with the City Building Division. 9. Applicant/builder shall comply with all applicable Water Quality Management Plan (WQMP) requirements and Best Management Practices (BMPs) to control pollutant run-off from the subject site during construction. Applicant to provide plan to be approved by the Public Works Department. 10. Prior to final release of the buildings: a. All Special Conditions of Approval and Standard Development Requirements shall have been completed and final inspections approved. b. Landscape and irrigation plans shall be approved and on file with the City Building Division and all landscape materials established and irrigation system properly functioning. 14

31 11. Complete project Landscape and irrigation plans shall comply with the provisions of Chapter 23.77, Xeriscape of the Placentia Municipal Code. 12. During grading and construction, site shall be regularly sprinkled with water to minimize fugitive dust emissions. Also, compliance shall be required with the permitted working hours as specified in Section , Grading, construction and maintenance of real property of the Placentia Municipal Code. Signs shall be posted at all construction entrances to the project site indicating the permitted working days and hours. 13. Applicant shall comply with the City s Noise Control Ordinance, Chapter of the Placentia Municipal Code. If the operation of the water pump/well system generates noise levels that exceed the noise regulations of the Placentia Municipal Code or are disruptive to the neighboring properties in the vicinity, the City may require additional sound insulation or noise attenuation to be installed within the building enclosures. 14. Applicant/builder is responsible, at its sole cost and expense, to cause all project related cable, telephone, electrical, and other utility services serving the property to be placed underground within the subject site. Prior to the issuance of building permits, Applicant/builder shall submit a separate utility plan for each such utility service. The utility plan shall indicate the precise location of where all cable, telephone, electrical, and other utility services serving the property will be placed underground within the subject site, as well as the points of connection at the proposed building or buildings on the site and the public right-of-way. Prior to the submittal of the utility plans to the City, the plans shall be reviewed and approved by the utility companies. Evidence of approvals shall be in the form of a signed and dated approval stamp and/or approval letter. If the precise locations of future utility services cannot be reasonably ascertained prior to the issuance of building permits, upon prior written approval of the Director of Development Services, prior to issuance of a certificate of occupancy. Applicant/builder shall provide the City with as built plans showing the precise locations where all cable, telephone, electrical, and other utility services serving the property were placed underground within the subject site, as well as the points of connection at the building or buildings on the site and the public right-of-way. 15. Applicant/Builder shall establish a rodent abatement program prior to the demolition of existing structures on the property, or before any other on or off-site work. A detailed description of how this program will work shall be submitted to the City Planning Division for approval prior to obtaining a demolition permit. 16. Prior to the final release of the structure, all Special Conditions of Approval and Standard Development Requirements shall have been completed and final inspections approved. 15

32 17. The applicant/property owner shall be responsible for maintaining the property, including the landscaped areas, walkways, and all paved surfaces, free from graffiti, debris and litter at all times. Graffiti shall be removed by the applicant/property owner within 48 hours of defacement and/or upon notification by the City. 18. Applicant shall provide a plan that indicates the manner in which adjacent structures are protected against noise, vibration and other factors relating to the drilling, grading and construction of the proposed water well facility. Plan shall be submitted prior to any construction work conducted on the subject property. 19. Applicant shall provide sufficient written notice to adjacent property owners as to the drilling, grading and construction schedule of the proposed water well facility. Notice shall include a telephone number and a name of a contact person for registering complaints or comments 20. This site shall operate as a water well facility at all times. Activities, including maintenance and servicing shall not cause objectionable noise, odor or other nuisances. 21. Property owner shall be responsible for maintaining the property, including the landscaped areas, walkways, and all paved surfaces, free from graffiti, debris and liter. Graffiti shall be removed by the applicant/property owner within 72 hours of defacement and/or upon notification by the City. 22. Litter shall be regularly removed from the premises, including adjacent public sidewalks, and from all areas under the control of the applicant. 23. No expansion or modification of the water well facility shall occur at any time without first obtaining approval from the Development Services Department. The Director, or designee, may require that a future modification of the facility requires Planning Commission discretionary review. 24. The Wilson Well facility shall not bear any signs or advertising devices other than certification, warnings or other required seals or signage at any time. CITY BUILDING DIVISION: 25. Building structure (pump house) shall be designed and prepared by a licensed California architect or engineer. 26. Grading plans shall be prepared by a registered, licensed California civil engineer and shall be approved by the City Engineering Division prior to the issuance of any building permits. 27. All contractors and subcontractors shall obtain a City business license. Developer/Applicant shall request a standard subcontractor form from the City 16

33 Building Division prior to the issuance of any building permits. This standard form shall be completed and submitted to the City Business License Division prior to release of a Certificate of Occupancy. 28. Applicant shall obtain AQMD (Air Quality Management District) approval prior to issuance of a demolition permit for the existing building(s). Laboratory testing for the existence of asbestos is required. CITY ENGINEERING DIVISION: 29. The overflow drainage from the well and pumping operation shall be captured on site and conveyed via storm drain to existing storm drain at Chapman/Walnut. Storm drain plans shall be prepared by a State registered engineer and inspection fees paid prior to issuance of building permit. 30. Applicant shall provide a grading plan prepared by State registered engineer detailing site construction and elevations. 31. The applicant shall process and record offsite SCE and GSWC easements to the satisfaction of the City Engineer prior to issuance of building permits. Conditions for grant of easement are listed below: a. 24 hour notice is required prior to start of construction. b. Building permit is required for demo work. c. Grading permit is required for removal of excess material. An approved haul route is required as well as a transportation permit to transport material. d. No dirt or dust shall be allowed to accumulate. A Water Quality Management Control Plan is required, including BMP s, trench dewatering discharges, or other to meet state permit requirements. Provisions for contributory drainage shall be made at all times. e. Excess debris or material shall be removed from work area daily. Material will not be stored within public traffic areas, pedestrians or vehicular. f. Construction activities within the park shall be coordinated with the City Recreation Department planned activities. All grass and irrigation shall be restored to like new condition. The contractor will install (6) 24 inch box trees from an approved City tree list at a location specified by the Recreation Superintendent within the Walnut Avenue parkway area. g. An approved construction schedule shall be submitted prior to the start of construction. Access to driveways shall be maintained at all times. h. Surety shall be posted to guarantee execution of work. i. The Golden State Water Company shall provide full time inspection. The Water Company shall deposit an inspection fee for the City to provide parttime inspection pertaining to the demo work, the park restoration where areas are affected, or street work due to drain line installation. j. Walnut Avenue pavement surface shall be restored for full street width curb to curb by grinding and placement of one inch overlay to the satisfaction of the Placentia City Engineer. 17

34 k. Insurance certificates shall be filed to the satisfaction of the City Attorney. The City of Placentia shall be named additional insured. l. All trench work shall be neat and clean cut. Finish work shall be smooth and properly compacted. m. Photographs depicting before and after conditions shall be provided to the City Public Works Department. n. Compaction testing of native material and aggregate base shall be furnished. The use of two sack slurry cement may be substituted for native backfill. o. Permanent hot mix asphalt shall be in place within two working days of completion of backfill. p. Tests for compliance, gradation, and oil content shall be submitted as work progresses. q. A licensed land surveyor shall restore survey reference points or monuments as required by State law. r. Project signs informing the public are required. The signs shall be in place one week prior to start of construction and State office and emergency phone numbers shall be provided on the signs. s. Record drawings shall be filed with the City engineer upon completion of the project work. t. All work shall conform to project plans and specifications and the Standard Specifications for Public Works Construction (Green Book), latest edition. u. Flashing arrow boards are required for lane closures along Chapman Avenue. v. Wet sand blasting is permitted; dry sand blasting is not permitted. w. Work may not proceed if the work conflicts with a special event. x. Temporary tabs shall be used after paving operation. Striping requires two coats. y. Working hours are limited to 8:30 a.m. to 4:30 p.m. z. All catch basins along the construction route must be protected and kept clean. aa. An easement document is required acceptable to the City for providing power to the well site if power is provided through the park. The easement must be recorded prior to start of work within the park. bb. The City will review and approve the water company s design and construction plans for the installation of drain line prior to issuance of building permits for well site. 32. An encroachment permit for work in public right of way is required. 33. Block perimeter walls and landscape irrigation systems require separate permit. CITY POLICE DEPARTMENT: 34. Developer/Applicant shall comply with Placentia Police Department standard development requirements for security (See Attachment B ) 18

35 ORANGE COUNTY FIRE AUTHORITY: 35. Developer/Applicant shall comply with all site development requirements specified by the Orange County Fire Authority (OCFA) and provide City with applicable proof of OCFA necessary approvals. (See Attachment C ) 19

36 RESIDENTIAL AND INDUSTRIAL / COMMERCIAL STANDARD DEVELOPMENT REQUIREMENTS DPR THE FOLLOWING SHALL APPLY IF CHECKED BUILDING DIVISION Compliance required with the latest 2012 California Building Code 2012 California Plumbing and Mechanical Code 2012 California Electrical Code License Ordinance (Sub-Contractor List) Flood Plain Management Regulations State of California Energy Conservation Standards Handicap Requirements ENGINEERING DIVISION STREETS Dedications Street Rights-of-Way Vehicular access rights to arterial highways Improvements Grading, paving, curb and gutter, sidewalks, medians on arterial highways, storm drains Miscellaneous Installation of survey monuments Street Naming Committee to approve all street names Treewells, planters, storm drains, sewer lines No easements to be granted to any agency or individual prior to issuance of building permits except to the City of Placentia Sidewalk / Utility Vehicle Access (emergency) Project address shall be provided prior to issuance of any City permits UTILITIES Undergrounding Existing overhead facilities Proposed utilities 20

37 MEDIANS Pipelines Relocation or removal of existing pipelines Provide Sewer mains and laterals Approved conduit for cable television Ornamental street lights Services Water service by City approved agency Sewer service by City approved agency Annexation to Placentia Street Lighting District Arterial Highway Medians (where required) Construct one-half of median, including landscaping or pay for one-half cost of construction and installation MAINTENANCE DIVISION Provide Street trees, fifteen (15) gallon or larger size at maximum Species Sprinkler system Sprinkler Controller (type and number of stations) ft. o.c. PLANNING DIVISION Expiration Expires two (2) years from the date of approval unless used or an extension is requested and approved Garage Electric garage door openers required where driveways are less than twenty (20) feet in length Roof-Mounted Equipment or Appurtenances Completely screened from public view Mailboxes Approved by the Postmaster Sales Office Copies of the current Placentia Zoning and General Plan Land Use maps displayed at all times 21

38 O.C. SANITATION DISTRICT Permit Required of industrial and commercial users for discharge of waste water directly or indirectly to the District s sewerage facilities O.C. FIRE PROTECTION AUTHORITY HYDRANT MISCELLANEOUS PERMITS Provide the following hydrants: Number Size Capacity All hydrants, valves, and mains installed and operable prior to construction with combustible materials Parking Permitted only in approved spaces for private drives. Signs provided noting prohibition of parking in unauthorized areas Trash Storage Areas Approved one (1) hour fire separation or sprinklers for those connected to or immediately adjacent to any structure Fire Alarm System Local alarm and evacuation system installed and maintained Decorative Grills or Bars Provided with breakaway devices Permits necessary for the following prior to installation and / or use 1. Underground storage tanks for flammable liquids 2. Flammable liquids dispensing equipment 3. Operation using flammable or toxic liquids 4. Storage of more than six (6) gallons of Class I or Class II flammable liquids 22

39 FEES - CHARGES - DEPOSITS Fees, charges, and deposits shall be paid prior to issuance of grading and / or building permits. BUILDING ENGINEERING PLANNING County sewer Building permit and plan check Recreation / park in-lieu Curb identification General and sub-contractor s business license fees Fees and Charges Storm drain acreage Sewer acreage Engineering plan check and inspection Final subdivision map check Street name and traffic control sign Arterial street soil test Thoroughfare acreage Mission bell street lights Arterial highway median construction Arterial highway median landscaping Traffic Impact Deposit Street tree maintenance Pre-acceptance street cleaning Street light advance maintenance and energy Grading Bond Landscape plan check 23

40 PLANS ENGINEERING MAINTENANCE PLANNING DIVISION Submit five (5) copies of the following to the City Engineer prior to issuance of building permits Grading plan and Drainage Plan Street improvement plan Sewer plan Storm drain plan Preliminary composite utility / plot plan Tract map Parcel map Landscape plan for sight distance clearance Provide City Engineer with as-built construction plans for the above items Approval by the Maintenance Division of the following prior to the issuance of building permits Landscape Plans Provide Maintenance Division Superintendent with as-built originals of irrigation systems for Street trees Planters Landscaped medians Sprinkler Controller (type and number of stations) Applicable to all development or significant redevelopment greater than 5,000 square feet: Prior to issuance of building permits, submit a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that shall be used on site to control predictable pollutant run-off. Prior to recordation of a map for subdivision of land and if determined applicable by City / EMA official(s), submit a WQMP that identifies the application and incorporation of those routine structural and non-structural BMPs outlined in the countrywide NPDES Drainage Area Management Plan Appendix detailing implementation of BMPs not dependent on specific land uses for approval of the City and EMA official(s) 24

41 C.C. & R. s Prior to issuance of grading or grubbing and clearing or surface mining or paving permits, obtain coverage under the NPDES Statewide Industrial Storm water Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to City / EMA official(s) Provide Planning Division with three (3) copies of C.C. & R. s prior to approval of the final map Record C.C. & R. s prior to or simultaneously with the recordation of the final tract or parcel map 25

42 Attachment B Placentia Police Department Standard Development Requirements PLACENTIA POLICE DEPARTMENT APPLICATION: Development Plan Review : 202 Wilson Avenue STANDARD DEVELOPMENT REQUIREMENTS RESIDENTIAL The following standards shall be required for all residential developments. No modifications shall be made without the approval of the Police Chief. RESIDENTIAL SECURITY Sliding Glass Doors Shall be of tempered glass with locking bolt that grips door and frame together and prevents the door from being pried in an upward direction. The strike area shall be reinforced to prevent prying and disengagement of the locking bolts. Anti-lift out device(s) shall be installed in the upper channel above the moving panel to prevent raising and removal from the tract while in the closed position. Other Doors Except for vehicular access doors, all exterior swinging doors of any residential building and attached garage, including the door leading from the garage area into the dwelling unit, shall be equipped as follows: All wood doors shall be of solid core construction with a minimum thickness of one and three-fourths (1 3/4) inches, or with panels not less than nine-sixteenths (9/16) inch thick. Metal doors of hollow construction shall be of a minimum 16 gauge steel with reinforcement to maintain the design thickness of the door when any locking device is installed. Metal jambs shall be used. Door stops on wooden jambs for in-swinging doors shall be of one piece construction with the jamb. A single or double door shall be equipped with a double or single cylinder deadbolt lock. The bolt shall have a minimum projection of one (1) inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least three-fourths (3/4) inch into the strike receiving the projected bolt. The cylinder shall have a hardened, rotating steel cylinder guard, a minimum of five pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least one-fourth (1/4) inch in diameter. A dual locking mechanism constructed so that both deadbolt and latch can be 26

43 retracted by a single action of the inside door knob, or lever, may be substituted provided it meets all other specifications for locking devices. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of five-eighths (5/8) inch into the head and threshold of the door frame. Glazing in exterior doors or within forty (40) inches of any locking mechanism shall be of fully tempered glass or rated burglary resistant glazing, except when double cylinder deadbolt locks are installed. The strike plate for deadbolts on all wood framed doors shall be constructed of minimum sixteen (16) U.S. gauge steel, bronze, or brass and secured to the jamb by minimum of two screws, which (Doors, continued) must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached. Hinges for out-swinging doors shall be equipped with non-removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior from the exterior by removing the hinge pins. Except where clear vision panels are installed, all front exterior doors shall be equipped with a wide angle one hundred-eighty degree (180º) door viewer. Upon occupancy by the owner or proprietor, each single unit in tract or multi-unit development, constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships or similar distinct occupancies. Windows No Louvered windows shall be used. All windows shall have a locking mechanism(s) which when in a closet or a closed and locked position, shall be constructed so as to prevent the window from being opened or removed by external force or prying. Address The address number shall be mounted near the front entry of each building or other conspicuous location and be no less than four (4) inches high. They shall be mounted on a contrasting background and easily visible from the street or walkway. If rear-vehicular access, the same numbers shall be displayed on the rear of building. There shall be positioned at each entrance of a multiple-family dwelling complex an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. In addition, each individual unit 27

44 within the complex shall display a prominent identification number, not less than four (4) inches in height, which is easily visible to approaching vehicular and/or pedestrian traffic. Lighting Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least twenty-five one hundredths (.25) foot-candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandalism resistant covers. Open parking lots and car ports of multi-family units shall be provided within a minimum of one (1) footcandle of light on the parking surface during the hours of darkness. Lighting devices shall be protected by weather and vandalism resistant covers. Ladders Ladders leading to the roof shall do so from the interior of the building. Other CC&R's to require Homeowners' Association to petition City Council for resolution enabling enforcement of traffic regulations on privates streets by police (Section State of California Vehicle Code). 28

45 Attachment C Orange County Fire Authority (OCFA) Special Conditions of Approval 29

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124 REQUEST: Placentia Planning Commission Agenda Staff Report AGENDA ITEM NO.: 2 DATE: February 12, 2013 PUBLIC HEARING: Yes APPLICATION(S): Use Permit (UP) DESCRIPTION: To permit the sale of alcoholic beverages (Type 20 Off-Sale Beer and Wine) for off-site consumption, in conjunction with the operation of a +/- 1,600 square foot convenience store, located at 102 E. Yorba Linda Boulevard in the Town Center (T-C) District. RELATED APPLICATIONS: UP (expired) APPLICANT: Martin Vallejo PROPERTY OWNER: Beems Investment Company LOCATION: 102 E. Yorba Linda Boulevard CEQA DETERMINATION: Categorically Exempt: 15061(b)(3) ZONING: Town Center (T-C) APN(S): GENERAL PLAN: Commercial CITY COUNCIL ACTION REQUIRED: No PREPARED BY: Kenneth A. Domer, Assistant City Administrator, Development Services REVIEWED BY: Monique B. Schwartz, Associate Planner To permit the sale of alcoholic beverages (Type 20 Off-Sale Beer and Wine) for off-site consumption, in conjunction with the operation of a +/- 1,600 square foot convenience store, located at 102 E. Yorba Linda Boulevard in the Town Center (T-C) District. The subject property is an Arco gasoline station with a small convenience store proposed to be enlarged and made an AM/PM convenience store. RECOMMENDATION: City Planning Division is recommending approval of Use Permit (UP) subject to the attached recommended Special Conditions of Approval, Standard Development Requirements and approval of a Public Necessity or Convenience. BACKGROUND: The existing Arco Service Station, located at 102 E. Yorba Linda Boulevard has been operating as a full service station since On October 11, 2011, the Planning Commission approved the following discretionary actions as submitted by a former owner: Use Permit (UP) : To permit the operation of a new service station with a +/- 2,346 square foot convenience store; Use Permit (UP) : To permit the sale of alcoholic beverages (Type 20 Off- Sale Beer and Wine) for off-site consumption, in conjunction with the operation of a +/- 2,346 square foot convenience store; and

125 Development Plan Review (DPR) 08/01: To permit the construction of a +/- 2,346 square foot convenience store, six (6) individual fuel dispensers under a canopy structure and related on and off-site improvements on a 0.58 net acre site. However, due to an ownership change facilitated by the corporate gasoline company, those use permits expired. The site is therefore still operating under Use Permit (UP) 72/27 for the operation of a service station, Use Permit (UP) 86/24 for the operation of an AM/PM market, Use Permit (UP) 91/08 for the operation of a drive-through oil change/quick-lube facility and Use Permit (UP) 98/01 (Amend. #1), which converted the operation from a drive through oil change facility to a smog inspection and repair facility. This Use Permit is solely for the sale of alcohol. The proposed area of sales will be within the current building which is proposed to be converted to the larger convenience store. The former Use Permits related to drive-thru quick-lube and smog inspection will become void after a lapse of use for one year. INTRODUCTION: The subject site (102 E. Yorba Linda Boulevard) is a commercial parcel (APN # ) located on the southeast corner of Bradford Avenue and Yorba Linda Boulevard. The project applicant and new business owner, Mr. Martin Vallejo, is proposing to renovate the existing building into a modern AM/PM, replacing the auto repair and servicing area. Landscaping improvements have already been made by the applicant. Subject Site and Surrounding Land Uses: General Plan Land Zoning Designation Land Use Use Designation Current Arco Service Station Commercial T-C Proposed Arco Service Station and +/- 1,600 sq. ft. convenience store North Yorba Linda Boulevard/Commercial-Retail Shopping Center South Commercial-Retail Shopping Center East Commercial-Retail Shopping Center USE PERMIT (UP) Commercial Commercial Commercial Commercial T-C T-C T-C T-C The applicant is requesting to provide alcoholic beverages for sale for off-site consumption in conjunction with the sale of grocery products, magazines, drinks, snacks, candy and other items within the proposed convenience store so that his service station customers would not have to travel to another location to purchase these items. The current trend in the service station industry is to have a convenience store that provides beer and wine for sale as well as various other grocery items. UP Page 2

126 Pursuant to Section (3) of the Placentia Municipal Code, the sale of alcoholic beverages is permitted within the Town Center (T-C) District, subject to obtaining a use permit. Service Station and Convenience Store Operational Characteristics: The convenience store and service station will be operating simultaneously during the following hours: Monday through Sunday: 24 hours/day Sale of beer and wine shall be during the hours of 6:00 a.m. to 1:00 a.m. only. There are a total of six (6) full-time employees that oversee the daily operations of the business. A twenty-four (24) hour security monitoring system will also be installed within the convenience store and under the fueling canopy. Existing ABC Licenses Within One-Half (0.50) Mile Radius of the Subject Site: The Alcoholic Beverage Control (ABC) license that is being applied for by Mr. Martin Vallejo is Type 20 Off-Sale Beer and Wine, which is an off-sale beer and wine license. Listed below are other businesses within a one-half mile radius of the subject site that are permitted to sell alcoholic beverages for on and off-site consumption. BUSINESS ADDRESS LICENSE TYPE Whole Enchilada Restaurant 106 E. Yorba Linda Boulevard Type 47 On-Sale General for Bona Fide Public Eating Place Type 58 Caterer s Permit Marie Calendars 126 E. Yorba Linda Boulevard Type 47 On-Sale General for Bona Fide Public Eating Place Rubio s Fresh Mexican Grill 127 E. Yorba Linda Boulevard Type 41 On-Sale Beer and Wine for Bona Fide Public Eating Place CVS Pharmacy E. Yorba Linda Boulevard Type 21 Off-Sale General Walgreens 191 E Yorba Linda Blvd Type 20 Off-Sale Beer and Wine Philly s Best 198 E. Yorba Linda Boulevard Type 41 On-Sale Beer and Wine for Bona Fide Public Eating Place Sue Ann s Restaurant 1450 N. Kraemer Boulevard Type 41 On-Sale Beer and Wine for Bona Fide Public Eating Place Park Place Catering 901 N. Bradford Avenue Type 58 Caterer s Permit Orea Taverna 1390 N. Kraemer Boulevard Type 47 UP Page 3

127 On-Sale General for Bona Fide Public Eating Place El Torito Restaurant 1474 N. Kraemer Boulevard Type 47 On-Sale General for Bona Fide Public Eating Place Saigon Noodle House 1486 N. Kraemer Boulevard Type 41 On-Sale Beer and Wine for Bona Fide Public Eating Place Maki Yaki Japanese Grill 1490 N. Kramer Boulevard Type 41 On-Sale Beer and Wine for Bona Fide Public Eating Place The sale of beer and wine in conjunction with food and grocery sales is common in most convenience stores, markets and drugstores. The sale of alcoholic beverages in this convenience store will not be the primary attraction for patrons as in the case with liquor stores. Providing customers with the option to purchase beer and wine at this location would provide convenience to business patrons of the service station. The Applicant believes that denying the convenience store the opportunity to sell alcoholic beverages could put it at a disadvantage with the other stores/markets and convenience stores in the area that are currently licensed and permitted to sell alcoholic beverages. The applicant has other service stations under his ownership with alcohol sales and Police Department review through the Department of Alcoholic Beverage Control indicate no problems with those other licensed locations. The Town Center District is primarily comprised of markets, drugstores, restaurants and eating places, personal service establishments, variety stores etc. It is City Staff s opinion that an Alcoholic Beverage Control (ABC) license for the proposed convenience store will not add to or result in an undue concentration of licenses in the City as there are only two other convenience stores in the vicinity that are licensed to sell beer and wine for off-site consumption. As of January 1995, the State of California Legislature implemented Assembly Bill 2897 by amending the California Business and Professions Code ( 23958) to require the ABC to deny an application for a liquor license if issuance of that license would tend to create a law enforcement problem, or if the issuance would result in or add to an undue concentration of liquor licenses. Undue concentration is defined as follows: The premises of the proposed license is located in an area that has 20 percent more reported crimes than the average number of reported crimes for the City as a whole, or The premises of the proposed license is located in a census tract where the ratio of existing retail on-sale/retail off-sale licenses to population in the census tract exceeds the ratio of retail on-sale/retail off-sale licenses to population in the County of the proposed premise. UP Page 4

128 While the sale of beer and wine in conjunction with the sale of other items is common in grocery and convenience stores and other retail type businesses, there is a review that looks at the over-concentration of such establishments. This is done to specifically combat the locating of multiple alcohol selling establishments that may have a deleterious impact to the surrounding neighborhoods or community. As previously defined, over-concentrated means that the ratio of existing licenses to population within a Census tract exceeds the ratio of retail on-sale/retail off-sale licenses to population in the County. In this case, it is important to know that the tract extends west from Kraemer Boulevard to Placentia Avenue and includes the retail/commercial areas along Yorba Linda Boulevard in both Placentia and Fullerton. As such, the commercial/retail area versus residential is higher and with the Yorba Linda Boulevard corridor being a major commercial location for the immediate vicinity, it is natural that an over concentration of uses, as defined, would occur. The review by the Police Department takes this into consideration along with their knowledge of the locale when making a determination of whether another license will impact public safety. In this case, the Police Department has determined that the new license would not be a law enforcement problem. The Placentia Town Center commercial area west of Kraemer is within one census tract while the commercial area to the east of Kraemer is in another. The westerly census tract (117.11), by definition of the ABC, is overly concentrated. The tract is allowed four (4) Type 20/21 permits and it currently has seven (7), five (5) of which are located in the City of Fullerton and include Ralph s Grocery, Albertson s and Vendome Liquor. After review by the Placentia Police Department, City Staff concludes that the issuance of an Alcoholic Beverage Control (ABC) license would not create a law enforcement problem. While the proposed project is located in an area of overconcentration, it is not located within a high crime district. The Development Services Department and the Placentia Police Department have reviewed the request and are supporting the proposal, subject to compliance with all Special Conditions of Approval. Public Convenience or Necessity As stated above, Arco AM/PM is located within a Census Tract that already has an undue concentration of on-sale and off-sale ABC licenses pursuant to (a)(2) of the California Business and Professions (B&P) Code. ABC is required to deny issuance of an ABC license unless the applicant shows that public convenience or necessity would be served by issuance of the license. ABC typically relies on the findings of the local agency to support such a showing. Therefore, staff recommends that the Commission adopt the findings in Resolution PC that the public convenience or necessity would be served by issuance of an ABC license for the premises. City Staff concludes that subject to compliance with all Special Conditions of Approval and Standard Development Requirements of the approved Use Permit (UP) , the determination of a Public Convenience or Necessity will not create a law enforcement problem. According to the Placentia Police Department, the Placentia Town Center is UP Page 5

129 not within a high crime reporting district and the determination of Public Convenience or Necessity will not cause a law enforcement problem. CEQA for Use Permit (UP) : The proposed Use Permit was reviewed by staff in accordance with the requirements of the California Environmental Quality Act ( CEQA ), Public Resources Code et seq., the State CEQA Guidelines, 14 C.C.R et seq., and the Environmental Impact Report Guidelines of the City of Placentia. Staff recommends that the Planning Commission exercise its independent judgment and find that Use Permit (UP) is exempt from CEQA pursuant to State CEQA Guidelines 15061(b)(3) as it pertains to a use where it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment. Recommended Actions: 1. Adopt Resolution No. PC ; and 2. Approve Use Permit (UP) , subject to the attached Special Conditions of Approval and Standard Development Requirements (Attachment A). Prepared and submitted by: Reviewed by: Kenneth A. Domer Assistant City Administrator Monique B. Schwartz Associate Planner Attachments: Resolution Resolution PC Attachment A Special Conditions of Approval for Use Permit (UP) Exhibits: Exhibit 1 Exhibit 2 Exhibit 3 Vicinity Map Existing Site Plan Floor Plan UP Page 6

130 RESOLUTION NO. PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLACENTIA MAKING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY FOR TYPE 20 OFF-SALE BEER AND WINE LICENSE AND APPROVING USE PERMIT NO PERTAINING TO PROPERTY LOCATED AT 102 E. YORBA LINDA BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Mr. Martin Vallejo, applicant and Beems Investment Company, owner of the property located at 102 E. Yorba Linda Boulevard ( Applicant hereinafter) heretofore filed an application for approval of Use Permit No , as described in the title of this Resolution. Hereinafter, in this Resolution, the subject Use Permit request is referred to as the Application. (ii) On February 12, 2013 this Commission conducted a duly noticed public hearing, as required by law, and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Placentia as follows: 1. The Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony and development plans, this Commission hereby specifically finds as follows: a. The proposed use will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed use or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. Subject to compliance with the attached Special Conditions of Approval and Standard Development Requirements (Attachment A ), this use complies with all applicable code requirements and development standards of the T- C Town Center District and (3) It is not anticipated that a Type 20 (Off-sale Beer and Wine) license for the sale of alcoholic UP Page 7

131 beverages within the proposed convenience store will generate any negative impacts on the adjacent neighborhood. All sales shall be conducted within an enclosed building, while maintaining an environment free from objectionable noise, odor, or other nuisances, subject to compliance with the attached Special Conditions of Approval and Standard Development Requirements. b. The proposed use is consistent with the City's General Plan. The General Plan Land Use designation for the subject site is Commercial, and the proposed use does not involve any change in the land use of the subject site. The Arco Service Station has been operating as a service station on this site since 1973 and will remain with the addition of a Type 20 (Off-Sale Beer and Wine license for the sale of alcoholic beverages within the proposed convenience store. c. The proposed use, activity or improvements, subject to the attached Special Conditions of Approval and Standard Development Requirements (Attachment A ), is consistent with the provisions of the Zoning Ordinance, or regulations applicable to the property. The proposed use is a conditionally permitted use in the T-C Town Center District in the City of Placentia. Approval of the Use Permit for the sale of alcoholic beverages within the proposed convenience store would be consistent with the zoning as the site can accommodate the proposed use, and since other similar uses have been conditionally permitted within the T-C Town Center District. d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of the Use Permit approval. Attachment A contain Special Conditions of Approval and Standard Development Requirements specific to Use Permit to ensure compliance with the Placentia Municipal Code. e. The Planning Commission specifically finds that public convenience or necessity would be served by the issuance of an ABC license for the premises based upon the following: (1). The facility will be limited to a Type 20 (Off Sale Beer and Wine) license. No distilled spirits will be sold and no minors will be permitted to purchase alcoholic beverages; (2). AM/PM is to be an expanded convenience store at the current site and the incidental sale of beer and wine is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages because the UP Page 8

132 proposed facility is primarily for the sale of convenience items items and the sale of beer and wine is in conjunction with the sale of these products; (3). The proposed availability of beer and wine at a convenience store is a service expected by the public; (4). The restrictions on the on-site advertising of alcoholic beverages ensures that the sale of beer and wine is associated with a convenience store and the sale of beer and wine is ancillary use of the convenience store; (5). Subject to compliance with all Special Conditions of Approval and Standard Development Requirements as approved by the Planning Commission through Resolution PC and Use Permit , the Placentia Police Department does not believe that this use permit issuance will create a law enforcement problem. AM/PM is not located within a high crime reporting district. The Development Services Department and the Placentia Police Department are supportive of this proposal. 3. Based upon the environmental review of the project, the Planning Commission finds that Use Permit (UP) is exempt from CEQA pursuant State CEQA Guidelines 15061(b)(3) as it pertains to a project which can be seen with certainty that there is no possibility that Use Permit (UP) will have a significant effect on the environment. 4. The Planning Commission hereby directs that, upon approval of Use Permit , a Notice of Exemption be filed with the Orange County Clerk/Recorder. 5. Based upon the findings and conclusions set forth herein, this Planning Commission hereby approves Use Permit as modified herein, and specifically subject to the conditions set forth in Attachment "A" attached hereto and by this reference incorporated herein. 6. The Secretary to the Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application. UP Page 9

133 ADOPTED AND APPROVED this 12th day of February, Chairman I, Kenneth A. Domer, Secretary to the Planning Commission of the City of Placentia, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Placentia held on the 12 th day of February, 2013, and was passed at this regular meeting of the Planning Commission of the City of Placentia held on the 12 th day of February, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAINED: COMMISSION MEMBERS: COMMISSION MEMBERS: COMMISSION MEMBERS: COMMISSION MEMBERS: ATTEST: Secretary to the Planning Commission APPROVED AS TO FORM ANDREW V. ARCZYNSKI, CITY ATTORNEY UP Page 10

134 Attachment A Special Conditions of Approval and Standard Development Requirements for Use Permit (UP) SPECIAL CONDITIONS If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached. ALL OF THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE USE PERMIT TO CONTINUE IN GOOD STANDING. 1. Use Permit (UP) is valid for a period of twelve (12) months from the date of final determination. If the use approved by this action is not established within such a period of time, this approval shall be terminated and shall be null and void, unless an extension is applied for and approved. 2. Use Permit (UP) shall expire and be of no further force or effect if the use is discontinued or abandoned for a period of one (1) year. 3. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation of said action by the City of Placentia Planning Commission. 4. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body or City staff action concerning applicant s project. The applicant shall pay the City s defense costs, including attorney fees and all other litigation-related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action. 5. Any changes or modifications to Use Permit (UP) shall be subject to review and approval by the Director of Development Services or designee, with UP Page 11

135 substantial changes or modifications subject to Planning Commission review and approval. 6. Prior to any changes to the days and hours of operation of the service station, the applicant shall obtain written approval from the Director of Development Services or his/her designee. The following are the specified days and hours of operation: Monday through Sunday: 24 hours/day Sale of beer and wine shall be during the hours of 6:00 a.m. to 1:00 a.m. only. 7. Prior to any modification of the floor plan that would affect parking as stipulated in the zoning code, the applicant shall obtain written approval from the Director of Development Services or his/her designee. 8. If at any time in the future, the Director of Development Services determines that a parking/circulation study is necessary to address parking and/or circulation issues relative to the use, the applicant and/or current business owner, shall be responsible for the cost of a parking and/or circulation study prepared by a consultant selected by the City. The applicant and/or current business owner shall also be responsible for the implementation costs of any mitigation measures deemed appropriate by the City based upon the findings of this study. 9. No outside storage or displays shall be permitted at any time. 10. There shall be no deliveries to or from the premises before 6:00 a.m. or after 10:00 p.m. Monday through Friday, Saturdays from 8:00 a.m. to 10:00 p.m. and no deliveries on Sundays, with the exception of fuel deliveries which shall be permitted starting at 5:00 a.m. and on Sundays. 11. Litter shall be removed daily from the premises, including adjacent public sidewalks, and from all parking areas under the control of the licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis, to control debris. 12. The applicant shall comply with all provisions of the Placentia Municipal Code, including Chapter 23.76, Noise Control. 13. At all times when the establishment is open for business, the sale of alcoholic beverages shall be conducted entirely within the building. 14. Outside displays are not permitted at any time. 15. All rear doors shall be kept closed at all times, except to permit employee ingress and egress, and in emergencies. UP Page 12

136 16. All trash bins shall be kept inside trash enclosures, and gates closed at all times, except during disposal and pick-up. Trash pick-up shall be done at least three (3) times a week. 17. The applicant shall comply with all provisions of the Placentia Municipal Code, including Chapter 23.76, Noise Control. 18. The applicant shall comply with Chapter 8.34 of the Placentia Municipal Code regarding the posting of alcoholic beverage warning signs. 19. Any temporary signs or permanent signs shall be reviewed and approved by the City prior to fabrication and installation. Prior to issuance of a building permit, the applicant shall submit a sign plan for the design of all proposed signage on the site for review and approval by the Director of Development Services or his/her designee. The sign plan shall comply with the criteria and requirements set forth in Chapter 23.90, Signs-Advertising Structures, of the Placentia Municipal Code. All portable signs are prohibited and shall be removed from the site. Section regarding signage shall be complied with as a condition of this Use Permit. Additionally, all temporary advertising devices, unless otherwise specified in Section are prohibited. Pursuant to Section (9), the total area occupied by window signs shall not exceed more than twenty-five (25) percent of the window area through which they are displayed. If more than 25 percent exists, the applicant shall remove the excess signage prior to the sale of alcoholic beverages. 20. The applicant/business owner shall be responsible for maintaining the property, including the landscaped areas, walkways, and all paved surfaces, free from graffiti, debris and liter. Graffiti shall be removed by the applicant/business owner within 48 hours of defacement and/or upon notification by the City. 21. The applicant business owner shall maintain a valid City Business License at all times during operation of the business. 22. There shall be no special promotional events held on the property, unless a written request for such is received and approved by the City of Placentia Development Services Director and the Police Department s Administrative Lieutenant at least 14 days in advance. 23. The sale and service of alcoholic beverages shall be in compliance with all local, state and federal laws, and all conditions of the Department of Alcoholic Beverage Control (ABC) for the issuance of a Type 20 Off Sale Beer and Wine shall be applicable. UP Page 13

137 24. Operator of the business shall not sell alcoholic beverages at the premises until after the ABC approves and issues a license. A copy of the approved ABC license shall be transmitted to the City Planning Division upon receipt of it. 25. This use permit may be reviewed at the discretion of the Director of Development Services in order to determine if the business is operating in compliance with all required Special Conditions of Approval and Standard Development Requirements. 26. All Special Conditions of Approval and Standard Development Requirements of original Use Permit (UP) 72/27 shall apply, as applicable. 27. This establishment shall be operated as a service station and convenience store at all times. All activities shall be conducted within this enclosed building space and outdoor service area, while maintaining an environment free from objectionable noise, odor or other nuisances. 28. The applicant shall comply with Chapter 8.34 of the Placentia Municipal Code regarding the posting of alcoholic beverage warning signs. 29. The sale of alcoholic beverages shall be in compliance with all local, State and Federal laws, and all conditions of the Department of Alcoholic Beverage Control (ABC) for the issuance of a Type 20 (Off-Sale Beer and Wine) license. 30. Operators of the service station and convenience store shall not sell alcoholic beverages until after the ABC approves and issues a license. A copy of the approved ABC license shall be transmitted to the City Planning Division upon receipt of it. 31. Operators of the service station and convenience store shall attend ABC Responsible Beverage Sales Training. 32. Lower storage floor shall be key locked at all times and only employees shall be allowed entrance. At least one security camera shall be installed to monitor the interior and one for each stairwell. The stairwell with exterior access shall be monitored from the lower level towards the exterior door. A phone shall be installed in the lower storage area to provide external communication. ORANGE COUNTY FIRE AUTHORITY: 33. No conditions required by the Orange County Fire Authority. CITY POLICE DEPARTMENT: 34. Developer/Applicant shall comply with Placentia Police Department Standard Development Requirements for security. UP Page 14

138 35. Compliance with all Alcoholic Beverage Control requirements. 36. This Use Permit shall be reviewed one year from the date of approval and each year thereafter as necessary. The review shall be conducted jointly by the Development Services Director and Police Chief or designee. The purpose of this review shall be to identify uniquely adverse issues such as loitering, vandalism, criminal activity, noise, or nuisance resulting from approval of the use permit. If such issues are identified, the Use Permit shall be presented to the Planning Commission for their consideration of conditions, modifications, or revocation. 37. The activity level of the business shall be monitored by the Crime Prevention Bureau to establish the level of police services used for the business. Should the level of police services demonstrate that the applicant has not controlled excessive, or unnecessary activity resulting in high use of police services, or that the applicant has failed to comply with enforcement or application of measures related to curfew and truancy which are listed below, then this Use Permit shall be reviewed for consideration of further conditions, modifications or revocation. 38. The subject alcoholic beverage license shall not be exchanged for a public premise type license, nor operated as a public premise. 39. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of merchant items. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available upon request. 40. Sales of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. to 1:00 a.m. 41. The sale of beer and malt beverages in quantities of quarts, 22 ounces, 32 ounces, 40 ounces, or similar size containers is prohibited. Beer, malt beverages, and wine coolers in containers of 16 ounces or less cannot be sold by single containers, but must be sold in manufacturer pre-packages multi-unit quantities. 42. No wine shall be sold with an alcoholic content greater than 15% by volume. 43. No wine coolers shall be sold in less than a four-pack quantity. 44. No beer or wine shall be displayed within five (5) feet of the cash register or any public entrance. 45. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within or on a window, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior, shall constitute a violation of this condition. UP Page 15

139 46. Employees who sell beer and wine shall be at least 21 years of age. 47. All containers of alcoholic beverages that are displayed for sale shall be secured against public access between the hours of 1:00 a.m. and 6:00 a.m. Secured refrigerator compartments must have interior compartment separators to prevent access from neighboring non-locking doors or compartments. 48. No alcoholic beverages shall be sold from any temporary locations on the premises such as ice tubs, barrels, or any other containers. 49. Alcoholic beverages shall be sold and packaged within accordance to Alcoholic Beverage Control standards. 50. The sale of beer or wine for consumption on the premises is prohibited. 51. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 52. Signs shall be posted at all exits of the premises, which prohibit alcoholic beverages from being opened or consumed on or around the premises. 53. The use of any amplifying system, outdoor sound system, loudspeakers, paging system, or any other such device is prohibited on the licensed premises. 54. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which he/she has control. 55. Graffiti shall be removed from the exterior walls and window of the premises within 48 hours of discovery. 56. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 57. Lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby businesses. 58. There shall be no special promotional events held on the property, unless a written request for such is received and approved by the City of Placentia Development Services Director and the Police Department s Administrative Services Lieutenant at least 14 days in advance. 59. All employees of petitioner who sell or serve alcoholic beverage products shall be required to complete a training program in alcoholic beverage compliance, crime UP Page 16

140 prevention techniques, and the handling of violence. The applicant must provide the City of Placentia Police Department, Administrative Services Lieutenant a copy of completed Alcohol Management Program (AMP), and a certificate of completion from an ABC LEAD program within six months of the premises being licensed to sell alcohol. 60. Stores which sell alcoholic beverages and are open 24 hours per day shall incorporate the following security measures: A. A Closed Circuit Television System capable of viewing and recording events inside the premises as follows: 1). A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head, obtaining a straight on face picture. 2). A minimum of one color camera that views the full-length side of a customer at the cash register area. 3). A color camera digital recorder capable of recording events on all cameras simultaneously. There shall be an accurate date and time stamp on the images. 4). A disc storage library of recorded cameras kept for a minimum of 30 days. 5). The recorder must be kept locked in a cabinet within the office and not on the sales floor. The key to the cabinet must be accessible to employees on duty, but kept secured inside the office and not left in plain view. B. A money drop safe capable of easily providing the cashier the ability to quickly deposit money into it. C. Windows clear of any signs or other materials at all times, between three and six feet in height from ground level, consistent with the City s sign code. D. Clearly distinguishable height markers on the interior side of the door jamb, or on the interior edge of a pair of doors, of all doors used by the public to access the store. Horizontal marks, one-inch wide by three inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at 5 and ending at 6 6. A standard marking system used by the applicant may be substituted subject to review and approval by the police department. E. A written policy of limiting cash in the cash register and a procedure for placing excessive amounts of cash into the safe. UP Page 17

141 F. No Loitering signs placed on the building exterior conforming to California Penal Code Section 602. G. A company person, who can operate the camera recorder and obtain video footage/pictures from the recorder, must be able to respond to the store within 30 minutes of an event where the Police Department needs access to the recorded cameras for investigative purposes. H. There shall be no outside seating, tables, displays, games or pay phones which would encourage loitering. I. There shall be no coin-operated games maintained on the premises at any time. J. The company shall have a policy on conduct during a robbery and reporting robberies. There shall be evidence of all employees being trained on this policy and procedure. UP Page 18

142 PLACENTIA POLICE DEPARTMENT APPLICATION: Use Permit COMMERCIAL & INDUSTRIAL SECURITY STANDARD DEVELOPMENT REQUIREMENTS The following standards shall be required for all commercial/industrial developments when applicable. No modifications shall be made without the approval of the Chief of Police. EXTERIOR DOORS Sliding Doors: Sliding glass doors shall be of tempered glass with locking bolt that grips door and frame together and prevents the door from being pried in an upward direction. The strike area shall be reinforced to prevent prying and disengagement of the locking bolt. Anti-lift out device(s) shall be installed in the upper channel above the moving panel to prevent raising and removal from the tract while in the closed position. Other Doors: Wood doors and aluminum stile doors shall be used only as front entry doors. ALL OTHER DOORS SHALL BE METAL. Wood doors shall be of solid core construction with the minimum thickness of one and three-fourths (1 ¾) inches. Wood panel doors with panels less than one (1) inch thick shall be covered on the inside with a minimum sixteen (16) U.S. gauge sheet steel, or its equivalent, which is to be attached with screws on minimum six (6) inch centers. Metal doors shall be of a minimum sixteen (16) U.S. gauge and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed. Such reinforcement shall restrict collapsing of the door around any locking device. Metal jambs shall be used. Doors with glass panels and/or glass within thirty-six (36) inches of locking mechanism shall be fully tempered glass or rated burglary resistant material. Door stops on wooden jambs for in-swinging door shall be of one piece construction with the jamb. Jambs for all doors shall be constructed or protected so as to prevent violation of the strike. All swinging exterior wood and steel doors shall be equipped as follows: Single doors: equipped with "single unit" containing door knob and single cylinder deadbolt. (Single turn of the knob also retracts the locked deadbolt.) Deadbolt must have one (1) inch throw and exterior case hardened, rotating steel cylinder guard. Or: UP Page 19

143 Equipped with single or double cylinder deadbolt in which no other device is located in the area where door hardware is usually installed. If double cylinder deadbolt is used, the inside key operated lock must simultaneously operate an indicator stating that the assembly is "locked" or "opened." (Exterior Doors, Continued ) In either case, a sign must also be displayed above the front door indicating that the front door is to remain "unlocked" during business hours. Letter size to be minimum one (1) inch in size on contrasting background. Aluminum stile, single door: equipped with a double cylinder, minimum one and one-half (1½) inch upswing or one (1) inch slide deadbolt and exterior case hardened, rotating steel cylinder guard and minimum of five (5) pin tumblers. The inside key-operated lock must simultaneously operate an indicator stating that the assembly is "locked" or "open." A sign must also be displayed above the door indicating that the door is to remain "unlocked" during business hours. Letter size to be minimum of one (1) inch in height on contrasting background. The inactive leaf of all double door(s) shall be equipped with metal flush bolts having a minimum embedment of five-eight's (5/8) inch into the head and threshold of the door frame. The strike plate for deadbolts on all wood framed doors shall be constructed of minimum sixteen (16) U.S. gauge steel, bronze, or brass and secured to the jamb by minimum of two screws, which must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached. Strike area for metal or aluminum framed doors must be constructed or protected to prevent violation of strike area. Hinges for out-swinging doors shall be equipped with non-removable hinge pins or a mechanical interlock to prevent removal of the door from the exterior by removing the hinge pins. Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be installed as follows: (1) Panic hardware shall contain a minimum of two (2) locking points on each door; or (2) On single doors, panic hardware may have one locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel.125 thick which shall be attached with non-removable bolts to the outside of the door. The astragal shall extend a minimum of six (6) inches vertically above and below the latch of the panic hardware. The astragal shall be a UP Page 20

144 minimum of two (2) inches wide and extend a minimum of one (1) inch beyond the edge of the door to which it is attached. (3) Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door. Deadbolt locks shall not be used on doors that are required to have panic hardware. Overhead or sliding doors shall be secured on the inside by minimum one-half (1/2) inch slide bolt(s) protruding at least one (1) inch into the door frame at floor; or secured on outside by a case hardened or minimum ten (10) gauge steel construction slide bolt using a padlock having a hardened steel shackle locking both at heel and toe with a minimum five (5) pin tumbler operation. Locking bar or bolt to extend through the receiving guide minimum of one (1) inch. Doors exceeding ten (10) feet in width shall have two locking points on opposite sides. No louvered windows shall be used. WINDOWS Windows and/or transoms having a pane exceeding ninety-six (96) square inches in an area with the smallest dimension exceeding six (6) inches shall be protected in the following manner: (1) Fully tempered glass or burglary resistant material*; or (2) Inside or outside iron bars of at least one-half (1/2) inch round or one by onequarter (1 x 1/4) inch flat steel material, spaced not more than five (5) inches apart and securely fastened with non-removable bolts; or (3) Inside or outside iron or steel grills of at least twelve (12) gauge material with not more than a two (2) inch mesh and securely fastened with non-removable bolt. The protective bars or grills shall be able to be opened if such windows are required to be opened by the Uniform Building Code. ROOF OPENINGS Skylights shall be fully tempered glass or rated burglary resistant material* ; or (1) Protected by iron bars at least one-half (1/2) inch round material spaced not more than five (5) inches apart; or (2) Steel grill at least twelve (12) gauge material of two (2) inch mesh (maximum) securely mounted under the skylight. Ventilator skylights with side openings exceeding ninety-six (96) square inches in an area with the smallest dimension exceeding six (6) inches shall be protected as in (1) or (2) above. UP Page 21

145 Air ducts or vents exceeding ninety-six (96) square inches in an area with the smallest dimension exceeding six (6) inches on roof or exterior walls shall be covered by iron or steel bars of at least one-half (1/2) inch material spaced not more than five (5) inches apart; or steel grills of at least twelve (12) gauge material of two (2) inch mesh (maximum) securely mounted. HATCHWAYS Hatchways on the roof, if not of metal construction, shall be covered on the inside with sixteen (16) gauge sheet metal, or its equivalent, and secured from the inside with a slide bar or slide bolt. Outside hinges shall be equipped with non-removable hinge pins. LADDERS Ladders leading to the roof shall do so from the interior of the building. BURGLARY RESISTANT MATERIAL (1) Products intended for use shall be permanently labeled as such. (2) Materials used shall meet UL 972 Standards for Safety Burglary Resistant Glazing Materials. (3) Only materials approved by lcbo shall be used. ADDRESS The address number shall be mounted near the front entry of each building or other conspicuous location and be no less than six (6) inches high. They shall be mounted on a contrasting background and easily visible from the street or walkway. If rear-vehicular access, the same numbers, no less than six (6) inches high shall be displayed on the rear of the building. Numerals of the street address shall be displayed on the uppermost roof, in luminous paint or other material capable of being read from the air. Minimum numeral size shall be twenty-four (24) inches. The building designation, if within a complex (such as A or B etc) shall accompany displayed street address. EXTERIOR LIGHTING Exterior lighting of an intensity of at least twenty-five hundredths (.25) foot-candles shall be provided adjacent to doors and windows. Exterior bulbs shall be protected by polycarbonate or other weather and vandal resistant globe or cover. Light(s) shall be operated during hours of darkness through either photovoltaic sensors or appropriate timers. Parking lots for use by the general public and/or employees shall be provided with exterior lighting of an intensity of at least one (1) foot-candle of light on the parking surface and operated from dusk until at least one-half (1/2) hour after the termination of business. UP Page 22

146 Attachment F Orange County Fire Authority (OCFA) Special Conditions of Approval None required. UP Page 23

147 UP Exhibit 1 Vicinity Map

148 EXISTING PARKING 13'-5" x 3'-0" x 6' H SIGN MONUMENT KEY NOTES : RAMP (E) WATER METER 13'-5" x 3'-0" SIGN SITE SITE PLAN

149 BUILDING AREA 1,600 SQ. FT. SALES AREA 887 SQ. FT. TANK/ PUMP EQUIPMENT PIC/INTERCOM FOUNTAIN VEEDEROOT COFFEE 3' HOSTESS COFFEE CONDIMENTS SWEET CAKES HATCO DAIRY 1 CSD 5 SPORT 4 ENERGY 3 JUICE 2 3' AUTO DELI 3' CANDY 6 7 CSD BEER OR NC BEER 8 BEER 9 BEER 9 BASKETS 2' CANDY BHE-C KID CANDY CANDY TO GO CANDY ATM 2 DOOR FREEZER OVEN HABA PROPOSED FLOOR PLAN 2 1/2"=1'-0"

150 5'-10" 30'-0" 1 1/4"=1'-0" BASEMENT FLOOR PLAN GENERAL NOTES: KEYED NOTES: TIER 5 TIER 32'-8" 5 TIER 5 TIER 5 TIER 2-DOOR REACH-IN REFRIGERATOR 5 TIER 5 TIER 50'-0" 5 TIER '-5" 21'-3" ATM /4"=1'-0" PROPOSED FLOOR PLAN HABA 10'-6" '-6" CASHIER WALK-IN COOLER 4'-6" 6 7 CSD BEER OR NC 8 BEER 9 BEER 9 BEER CSD ' CANDY BASKETS 2' CANDY 13'-0" 2 DOOR FREEZER DELI FRITO SPORT 4 ENERGY OVEN KID CANDY CANDY CANDY JUICE 2 32'-0" HATCO DAIRY 1 TO GO BHE-C SWEET CAKES COFFEE CONDIMENTS 3' AUTO 3' HOSTESS 3'-1" VEEDEROOT 3'-2" 6'-0" CABINET NOTES: WALL LEGEND: PIC/INTERCOM TANK/ PUMP EQUIPMENT FOUNTAIN COFFEE 6'-2" 8'-8" 8'-8" 8'-3" 50'-0" TYPICAL 16" O.C. STATE OF CA L I FORN IA GEORGE ALLEN SAYRE-SMITH C REN. 8/31/13

151 REQUEST: Placentia Planning Commission Agenda Staff Report AGENDA ITEM NO.: 3 DATE: February 12, 2013 PUBLIC HEARING: No APPLICATION: Accessory Retail Sales in the Manufacturing District Pilot Program DESCRIPTION: Planning Commission review for recommendation to City Council for the allowance of accessory retail sales in Manufacturing districts on a pilot program basis RELATED ITEMS: N/A APPLICANT: City of Placentia PROPERTY OWNER: N/A LOCATION: City-wide CEQA DETERMINATION: Categorically Exempt, Section (b)(3) ZONING: Various APN(S): Various GENERAL PLAN: Various CITY COUNCIL ACTION REQUIRED: Yes PREPARED BY: Kenneth A. Domer, Assistant City Administrator REVIEWED BY: Monique B. Schwartz, Associate Planner It is requested that the Planning Commission review for recommendation to the City Council the allowance of accessory retail sales in manufacturing districts on a pilot basis through the implementation of a temporary Accessory Retail Sales in the Manufacturing District program. INTRODUCTION: With a renewed emphasis on fostering economic development, the City Council recently formed an Economic Development Committee and approved a Temporary Commercial Signage Pilot Program. These two actions are part of a larger effort to increase the City s economic development potential to assist local businesses, attract new businesses and create a business friendly environment and reputation for the City. In the spirit of these recent efforts, and in an effort to assist businesses to expand their business opportunities within Placentia, Staff is proposing that the City encourage economic growth through the allowance of accessory retail sales in the Manufacturing and Commercial-Manufacturing districts. The Accessory Retail Sales in the Manufacturing District Pilot Program proposes to balance the provision for industrial uses and their related facilities in the Manufacturing and Commercial-Manufacturing District while acknowledging the more flexible business models utilized in today s competitive environment that combine permitted retail uses typically found across various zoning districts. RECOMMENDATION: That the Planning Commission provide comments and recommend for approval to the City Council an Accessory Retail Sales in the Manufacturing District Pilot Program. Accessory Retail Sales in the Manufacturing District Pilot Program Page 1

152 Planning Commission February 12, 2012 DISCUSSION: There are times when businesses located in the Manufacturing District inquire about the ability to have retail sales of merchandise. Within the Manufacturing District, retail sales are currently only allowed as an accessory use if the products are produced on premises and where the premises are not the primary retail outlet for such products. This has served as a limiting factor in today s manufacturing environment where other products that compliment an on-site produced product are not allowed to be sold. Businesses, through the use of the internet, have looked to increase sales of their product and to offer complimentary products as a business model. For cities, a practice of allowing limited retail sales encourages manufacturers to explore the potential of increasing their business while maintaining their primary focus within their current location. Allowance for limited retail sales therefore, assists with business retention. Under direction by the City Council and now the Economic Development Committee to review economic development activities and, through past discussion at the Planning Commission level, Staff is proposing this pilot program. As with the Temporary Commercial Signage Pilot Program, this pilot program will not require achange tothe City s codes at this time. Instead, the pilot program is to be implemented through City Council action and monitored over the term (one year) of the program so that Staff could consquently bring back to the City Council potential permanent changes to the zoning code regulations. The pilot program focuses on the concept that retail sales can be complimentary to manufacturing businesses. For example, if there is a manufacturer of automotive accessories, while those manufactured products could be sold from the site, accessory products such as car decals, car polish and waxes, or other products that compliment the manufactured products and are found next to the manufactured products at a retail location, are not. This also includes products that are promotional in nature, such as t-shirts, hats, and other items. The City is supported in this effort by businesses such as The Bruery which manufactures and sells their beer products from their manufacturing location, but technically cannot sell merchandise from their facility such as t-shirts, hats, and other items which contain The Bruery logo under the current codes. The concept is that retail sales shall be allowed within the Manufacturing and Commercial- Manufacturing zones for those businesses legally licensed to conduct business within the City of Placentia at the time of adoption of this pilot program. For this pilot program, produced shall mean any product manufactured, assembled, fabricated or processed in whole or part on the premises. In general, retails sales shall: 1.) Be limited to products produced on premises; or 2.) Be complimentary and incidental to products produced so that the primary product is supported in the business production and sales effort; or Accessory Retail Sales in the Manufacturing District Pilot Program Page 2

153 Planning Commission February 12, ) Be promotional to the business, primary product or class of products which are produced on premises or that demonstrate connectivity to the primary produced product as a means of encouraging growth in sales of the primary product. The details of the proposed pilot program are attached. Staff is requesting the input of the Planning Commission due to the change in permitted uses within the two manufacturing zones. While the Commercial-Manufacturing (C-M) Zone is provided for uses which combine commercial and industrial characteristics and for certain commercial uses which require large display or storage areas, the actual code is not specific regarding retails sales for primarily industrial uses in that district. For that reason, the C-M district is included in this pilot program. Based on Planning Commission action, the item will be brought forth to the City Council as well as the Economic Development Committee. Environmental Review The proposed Temporary Commercial Signage Pilot Program is not a project as defined by the California Environmental Quality Act (CEQA) and is therefore exempt (b)(3) for activities that have no potential for causing a significant effect on the environment. Actions: 1. Discuss and provide input to Staff on the Accessory Retail Sales in the Manufacturing District Pilot Program. 2. Recommend for approval to the City Council the Accessory Retail Sales in the Manufacturing District Pilot Program Prepared and submitted by: Reviewed and approved by: Kenneth A. Domer Assistant City Administrator Monique B. Schwartz Associate Planner Attachments: Attachment A: Accessory Retail Sales in the Manufacturing District Pilot Program Accessory Retail Sales in the Manufacturing District Pilot Program Page 3

154 Accessory Retail Sales in Manufacturing District Pilot Program Objective It is recognized in this economic environment the business community, to include manufacturing businesses or those businesses located in a manufacturing zone, are faced with many challenges. Continuing the recognition of the unique challenges faced by local businesses, the City Council continues to seek ways to assist the business community. The Accessory Retail Sales in the Manufacturing District will allow retail use for businesses as long as sales derived from retail sales do not exceed forty percent (40%) of the business total sales. This pilot program, the Accessory Retail Sales in Manufacturing Districts program, proposes to balance the provision for industrial uses and their related facilities in the Manufacturing and Commercial-Manufacturing District while acknowledging the more flexible business models utilized in today s competitive environment that combine permitted retail uses typically found across various zoning districts. Purpose Within the Manufacturing (M) District, retail sales are currently only allowed as an accessory use if the products are produced on premises and where the premises are not the primary retail outlet for such products. This has served as a limiting factor in today s manufacturing environment where other products that compliment an on-site produced product are not allowed to be sold. Businesses, through the use of the internet, have looked to increase sales of their product and to offer complimentary products as a business model. For cities, a practice of allowing limited retail sales encourages manufacturers to explore the potential of increasing their business while maintaining their primary focus within their current location. Allowance for limited retails sales assists with business retention. Duration of Program The program shall be in effect for one (1) year until February 28, There will be a review provided to the City Council at six (6) months and an action item to the City Council prior to the termination of the first year to determine if the pilot should be extended or incorporated into permanent changes to the Zoning Code, if not conducted sooner. Location The pilot program shall be in effect for all Manufacturing (M) and Commercial-Manufacturing (C-M) districts within the City of Placentia. Retail Uses Permitted Retail sales shall be allowed within the Manufacturing and Commercial-Manufacturing zones for those businesses legally licensed to conduct business within the City of Placentia at the time of adoption of this pilot program. For this pilot program, produced shall mean any product manufactured, assembled, fabricated or processed in whole or part on the premises. In general, retails sales shall: 1.) Be limited to products produced on premises; or 2.) Be complimentary and incidental to products produced so that the primary product is supported in the business production and sales effort; or 3.) Be promotional to the business, primary product or class of products which are produced on premises or that demonstrate connectivity to the primary produced product as a means of encouraging growth in sales of the primary product. Retail Sales Prohibited Uses which are strictly retail in nature and are not otherwise allowed by right of zone, use conformity determination, use permit or applicable law shall not be allowed through the pilot program. General Provisions and Eligibility General Provisions. The following provisions apply to all participating businesses: a. Must be located in the Manufacturing (M) or Commercial-Manufacturing (C-M) district. b. Must possess and be in good standing with the City s Business License ordinance and regulations at the time of adoption. c. Retail sales must be a part of the existing business operation and not a separately formed entity, unless otherwise approved. d. Retail sales shall be taxable in nature and shall have all applicable regulatory approvals (ex: OC Health Care and OCFA). e. The City shall reserve the right to deny participation in the pilot program based on incompatibilities, determined by the City, with adjoining uses within a manufacturing complex or integrated development or potential impacts to availability of parking within a manufacturing complex, property or integrated development. Applicable inspection fees may occur for some retail uses. f. Allowance for retail sales outside the requirements of the Manufacturing Zone shall be limited to the Accessory Retail Use in the Manufacturing District pilot program only and shall expire with the pilot program. Participation in the program does not grant any specific right regarding ability to provide retail sales outside the pilot program or beyond its provisions. Conflict, Modifications and Cancellation Whenever this Accessory Retail Sales in the Manufacturing District pilot program conflicts with any other provisions of Chapter of the Placentia Municipal Code or any other city resolutions or ordinances, this program shall control while in effect. The Director of Development Services shall have final determination over eligible retail uses proposed by participants. The City reserves the right to modify this program or cancel the pilot program at anytime. For more information, please visit the City s website at