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PC 2011/04/11City of Anaheim Planning Commission Agenda Monday, April 11, 2011 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Stephen Faessel Chairman Pro-Tempore: Peter Agarwal Commissioners: Todd Ament, Joseph Karaki, Harry Persaud Victoria Ramirez, John Seymour Call To Order -5:00 p.m. Pledge Of Allegiance Public Comments Consent Calendar Public Hearing Items Commission Updates Discussion Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planningon Thursday, April7, 2011, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regularbusiness hours. You may leave a message for the Planning Commission using the following planningcommission@anaheim.net e-mail address: H:\TOOLS\PC Admin\PC Agendas\(041111).doc Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Public Hearing-Items ITEM NO. 2 TENTATIVE PARCEL MAP NO. 2010 -152 Resolution No. (DEV2010- 00188) Owner/ Applicant: City of Anaheim Redevelopment Agency 201 S. Anaheim Blvd. Anaheim, CA 92805 Location: 200 — 300 North Beach Boulevard The applicant proposes to establish an 11 -lot commercial Project Planner: subdivision to permit the construction of a future shopping David See center. dseeCcDanaheim.net Environmental Determination: A previously- certified Final Environmental Impact Report (EIR) for the West Anaheim Commercial Corridors Redevelopment Project Area, including an Addendum and its technical appendices, will serve as the required environmental documentation for the proposed project actions. Continued from the February 28, March 14 and March 28, 2011 Planning Commission meetings. 04/11/11 Page 2 of 10 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2010 -05537 VARIANCE NO. 2011 -04843 PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00074 (DEV2010- 00177) Owner: Paul Roper D & P, LLC 987 Enterprise Street Orange, CA 92867 Applicant: Juan Reynoso Reymart, Inc. 2107 North Broadway, Suite 106 Santa Ana, CA 92706 Agent: Mike Ayaz Rick Blake, Attorney at Law 2107 North Broadway, Suite 106 Santa Ana, CA 92706 Location: 1168 South State College Boulevard The applicant proposes to establish a nightclub in an existing commercial building, to include a Type 48 (Public Premise) ABC license, sale and consumption of alcoholic beverages, public dancing, cover charge, and live entertainment with less parking than required by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class (Existing Facilities). Continued from the January 19, January 31, February 28, and March 28, 2011 Planning Commission meetings. Resolution No. Resolution No. Project Planner: David See dsee(alanaheim.net 04/11/11 Page 3 of 10 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 4187C Resolution No. _ (DEV201 1 -00001) Owner: Islamic Institute of Orange County Samer Soubra 1200 North State College Boulevard Anaheim, CA 92806 Applicant: Steven Phillips Steven Phillips Architect 23187 La Caenda Drive, Suite 101 Laguna Hills, CA 92653 Location: 1220 North State College Boulevard The applicant proposes to enclose an existing upper level Project Planner: deck area to accommodate children's activities and Della Herrick recreation at a private school located within an existing dherrick(o1anaheim.net religious facility. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 04/11/11 Page 4 of 10 ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2010 -05542 VARIANCE NO. 2010 -04841 (DEV2010- 00190) Owners: Grandma's House of Hope Bob Jones 20122 Cypress Newport Beach, CA 92660 Parladh & Paramjeet Grewal 3 Lexington Irvine, CA 92620 Applicant: Rick Solberg 5265 Avenida de Kristine Yorba Linda, CA 92887 Location: 830 North Lemon Street The applicant proposes to permit a residential care facility for up to 16 residents with fewer parking spaces than permitted by code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Resolution No. Project Planner: Vanessa Norwood morwood(c1 anaheim. net 04/11/11 Page 5 of 10 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2010 -05533 Request for Continuance (DEV2010- 00167) to April 25, 2011 Owner: Dennis Blake 201 West Santa Fe Avenue Placentia, CA 92870 Applicant: Phillip Schwartze 31103 Ranch Viejo Road D -2260 San Juan Capistrano, CA 92675 Location: 4110 East La Palma Avenue The applicant proposes to establish a cheerleading and Project Planner: dance instruction facility. Scott Koehm skoehm(cDanaheim. net Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). ITEM NO. 7 ZONING CODE AMENDMENT NO. 2011 -00094 Motion (DEV2011- 00003) Applicant: City of Anaheim 200 South Anaheim Blvd. Anaheim, CA 92805 Location: Citywide A City- initiated amendment to Chapter 18.44 (Signs) of Title Project Planner: 18 of the Anaheim Municipal Code, modifying requirements David See for wall signs. dsee(olanaheim.net Environmental Determination: The proposed action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code. Continued from the March 28, 2011 Planning Commission meeting. 04/11/11 Page 6 of 10 ITEM NO. 8 ZONING CODE AMENDMENT NO. 2011 -00099 (DEV2011- 00029) Applicant: City of Anaheim 200 South Anaheim Blvd. Anaheim, CA 92805 Location: Citywide A City- initiated amendment to Chapter 18.42 (Parking and Loading Requirements) of Title 18 of the Anaheim Municipal Code, modifying drive - through lane requirements. Environmental Determination: The proposed action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code. Motion Project Planner: Jonathan Borrego iborrego(c)anaheim. net Adjourn to Monday, April 25, 2011 at 5:00 p.m. 04/11/11 Page 7 of 10 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30p.m.April 6, 2011_ (TIME)(DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE ANDCOUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits,Variances,Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. Youwill be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION 04/11/11 Page8of 10 The City of Anaheim wishes to make all of its public meetings and hearingsaccessible to all members of the public.The City prohibits discriminationon the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available inappropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 04/11/11 Page9of 10 S C H E D U L E 2011 April 25 May 9 May 23 June 6 June 20 July 6 (Wed) July 18 August 1 August 15 August 29 September 12 September 26 October 10 October 24 November 7 November 21 December 5 December 19 04/11/11 Page10of 10 ûèèûùôï÷îèîí úç÷îûìûêñùóèãðóïóèé ùõ ûîûô÷óïùóèãðóïóèé ú÷éèæûðç÷óîî éçóè÷é ùõ æûùûîè ùõ æûùûîè ùõ êï æûùûîè æûùûîè ùõ æûùûîè êï ø÷æ ùõ ùõ æûùûîè æûùûîè æûùûîè ùõ æûùûîè êï æûùûîè ùõ æûùûîè êï êóùôïíîèé ûìûêèï÷îèé êï øç ûìûêèï÷îèé øç ùõ é÷êæóù÷ éèûèóíî ùõ û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìîÉ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ¦ îÍÊÈÔú×ÛÙÔúÍÇÐ×ÆÛÊØ ûèèûùôï÷îèîí úç÷îûìûêñùóèãðóïóèé ûîûô÷óïùóèãðóïóèé û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìîÉ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ¦ îÍÊÈÔú×ÛÙÔúÍÇÐ×ÆÛÊØ [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WEST ANAHEIM COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT AREA AND ADDENDUM AND MITIGATION MONITORING PLANNO. 119WILL SERVE AS THE REQUIRED ENVIRONMENTAL DOCUMENTATIONAND APPROVING TENTATIVE PARCEL MAP NO. 2010-152 (DEV2010-00188) (200-300 NORTH BEACH BOULEVARD) WHEREAS, theAnaheim City Planning Commission(hereinafter referred to as "Planning Commission") did receive a verified Petition for atentative parcel map to establish an 11-lot commercial subdivision to permit the construction of a future shopping centerfor certain real property in the City of Anaheim, County of Orange, State of California shown on Exhibit “A”, attached hereto andincorporated herein by this reference; and WHEREAS, the property is currently vacant and is zoned C-G (General Commercial) and RM-4 (Multiple-Family Residential with a resolution of intent to C-G)and the Anaheim General Plan designates the property for Regional Commercial land uses; and WHEREAS, the Planning Commissiondid hold a public hearing at the Civic Center in the City of Anaheim onFebruary28,2011,at 5:00p.m.,notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed tentative parcel mapand to investigate and make findings and recommendations in connection therewith,and theCommission continued this item from the February 28, March 14, and March 28, 2011 meetings; and WHEREAS, thePlanning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That the proposed subdivision, including its design and improvements, is consistent with the Regional Commercialland use designation in the Anaheim General Plan and thedevelopment standards contained in the C-G(General Commercial)zone. 2.That the site is physically suitable for the type and density of the proposed commercialsubdivision. 3.That the design of the subdivision isnot likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as the site is currently vacant. -1-PC2011-*** 4.That the design of the subdivision or the type of improvements is not likely to cause serious public health problems, as the site is currently vacant and any new construction will be in compliance with Code requirements. WHEREAS, the City Council certified the Final Environmental Impact Report for the West Anaheim Commercial Corridors Redevelopment Project Areain 1998. The Council also approved a Statement of Findings and Facts and Mitigation Monitoring Plan No. 119 in conjunction with the Final EIR. The Final EIR addressed the environmental impacts and mitigation measures associated with those activities that would be undertaken pursuantto and in furtherance of the West Anaheim Commercial Corridors Redevelopment Plan. In 2002, the Council adopted an Addendum and its technical appendices to the Final EIR in conjunction with Conditional Use Permit No. 2002-04603. The Addendum concluded that the proposed shopping center would not result in new significant impacts or substantial increases in the severity of previously identified significant impacts. Therefore, the previously-certified Final EIR, together with the Addendum and Mitigation Monitoring Plan No. 119, will serve as the required environmental documentation for the proposed project actions. NOW THEREFORE BE IT RESOLVED that the Planning Commissiondoes hereby approveTentative Parcel Map No. 2010-152subject to the conditions ofapproval described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvalsherein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of thisapplication constitutes approval of the proposed request only to the extent that itcomplies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -2-PC2011-*** BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoiceor prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofApril 11,2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commissionheld onApril 11,2011, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 11day ofApril,2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2010-152 (DEV2010-00188) REVIEWEDSIGNED OFF BYBY NO.CONDITIONS OF APPROVAL PRIOR TO FINAL MAP APPROVAL The final map shall be submitted to and approved by the City 1Public Works, of Anaheim and the Orange County Surveyor and then shall Development be recorded in the Office of the Orange County Recorder. Services An unsubordinated restricted covenant providing 2Planning reciprocal access and parking,approved by the Planning Department and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder.A copy of the recorded covenant shall then be submitted to the Planning Department.In addition, provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. The legal property owner shall irrevocably offer to dedicate 3Public to the City of Anaheim (Water Engineering Division) an Utilities, Water easement twenty (20) feet in width for water service mains Engineering and/or an easement for large meters and other public water facilities. The property owner shall provide the City of Anaheim 4Public Electrical Engineering Division of the Public Utilities Utilities, Department with a public utilities easement to be Electrical determined as electrical design is completed. Engineering Any existing easements that will not be used for the 5Public Works, proposed development shall be abandoned. Any such Development abandonments shall be approved by the Public Works Services Department, Development Services Division. The property owner shall irrevocably offer to dedicate to the 6Public Works, City of Anaheiman easement sixty (60) feet in width from Development thestreet centerline of Lincoln Avenue for road, public Services utility, and other public purposes. -5-PC2011-*** REVIEWEDSIGNED OFF BYBY NO.CONDITIONS OF APPROVAL The developer shall prepare plans, obtain a Right-of-Way 7Public Works, Construction permit from the Public Works Department, Development Development Services Division and complete Services improvements, as required by the City Engineer, prior to final building and zoning inspections. Amaintenance covenant shall be submitted to the Public 8Public Works, Works Department, Development Services Division and Development approved by the City Attorney's office. The covenant shall Services include provisions for maintenance of private facilitiesand a maintenance exhibit. The covenantshall be recorded concurrently with thefinal mapat the Office of the Orange County Clerk Recorder. Vehicular access rights to Lincoln Avenue shall be 9Public Works, relinquished to the City of Anaheim except at approved Development access points as determined by the City Engineer. Services A Save Harmless in Lieu of Encroachment Agreement for 10Public Works, the connection of any private storm drains to a public storm Development drain must be executed and recorded prior to approval of the Services grading plan. The sanitary sewers and storm drains for this development 11Public Works, shall be privately maintained. Development Services 12The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Parcel Map) as conditioned herein. -6-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í Anaheim Westgate Photographs On Lincoln Ave. looking east – 12/10/10 On Lincoln Ave. looking east along south R/W – 12/10/10 Page 1 of 6 Anaheim Westgate Photographs On Lincoln Ave. looking northeast towards site –12/10/10 On Lincoln Ave. looking north towards site –12/10/10 Page 2of 6 Anaheim Westgate Photographs On Lincoln Ave. looking north along east PL –12/10/10 Near intersection of Beach Blvd. & Lincoln Ave. looking north along west R/W –12/10/10 Page 3of 6 Anaheim Westgate Photographs Near intersection of Beach Blvd. & Lincoln Ave. looking east towards site –12/10/10 Near intersection of Beach Blvd. & Lincoln Ave. looking northeast towards site –12/10/10 Page 4of 6 Anaheim Westgate Photographs Near intersection of Beach Blvd. & Westgate Center looking northeast towards site –12/10/10 Near intersection of Beach Blvd. & Westgate Center looking north along west R/W –12/10/10 Page 5of 6 Anaheim Westgate Photographs On Beach Blvd. looking eastalong north PL –12/10/10 On Beach Blvd. looking south along west R/W –12/10/10 Page 6of 6 ßÌÌßÝØÓÛÒÌ ÒÑò ì City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ûèèûùôï÷îèîí êé éöê êé êé êé êé êé êé êé éöêéöêéöê éöêéöê éöê éöê êé éöê êé éöê êé êé êé êé êé êé éöê éöê éöêéöê éöê éöê êï êï êïêï êï ûìèé öíçêìð÷ä öíçêìð÷äöíçêìð÷ä öíçêìð÷ä øç êï éçùûéûûðïíîèåííøé ùõ ûìèé ê÷èûóð øç êï êï ùõ ûìèé ùõ öíçêìð÷ä úçéóî÷éé øç ø÷æ ùíðð÷õ÷ ê÷éèûçêûîè ó ó ê÷èûóð ûçèí ó èêçùñ ê÷èûóð ìûêèé ùõ ê÷èûóð ó ùõ é÷êæóù÷ é÷êæóù÷ éèûèóíî éèûèóíî ó ùõ ó é÷êæóù÷ é÷êæóù÷ èóð÷ éèûèóíî éèûèóíî éèíê÷ ùõ ê÷éèûçêûîè êï åûè÷êêóøõ÷ ó ûìûêèï÷îèé ù÷îè÷êìíóîè ó øç úçéóî÷ééìûêñ ùõ èóð÷éèíê÷ ê÷èûóð û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ éÍÇÈÔéÈÛÈ×ùÍÐÐ×Õ×úÍÇÐ×ÆÛÊØ ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ éÍÇÈÔéÈÛÈ×ùÍÐÐ×Õ×úÍÇÐ×ÆÛÊØ [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION ANDDENYING CONDITIONAL USE PERMIT NO. 2010-05537 AND VARIANCE NO. 2011-04843 (DEV2010-00177) (1168SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05537and Variance No. 2011-04843 to establish a nightclub in an existing commercial building, to include a Type 48 (Public Premise) ABC license, sale and consumption of alcoholic beverages, public dancing, cover charge, and live entertainment with less parking than required by Code and a shared parking arrangement with an adjacent property owner; and WHEREAS, this 1.3-acre property is developed with a18,956 square foot,2-story commercial building. The property is located in the C-G(General Commercial)zone and the Anaheim General Plan designates the property for Neighborhood Centerland uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 19, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said conditional use permit and variance to investigate and make findings and recommendations in connection therewith, and the Planning Commission continued this item from its January 19, January 31, February 28, and March 28, 2011 meetings; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearingwith respect to the requestto establish a nightclub in an existing commercial buildingwith less parking than required by Code should be deniedfor the following reasons: 1.The proposed request to establish anightclub withalcoholic beverages,a cover charge, dancing, and live entertainmentin the General Commercial (C-G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Bars and Nightclubs). 2.The proposed conditional use permit to establish anightclub in an existing commercial buildingmayadversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located becauseof issues pertaining to a parking deficiency on the subject site, no parking being provided on the adjacent Parcel 2, and the potential traffic impacts on adjacent residential neighborhoodscaused by a valet parking service to shuttle cars between the subject site and Parcel 3. -1-PC2011-*** 3.The size and shape of the site for the use is not adequate to allow the full development of proposed nightclub in a manner not detrimental to the particular area or to the health and safety because of a parking deficiency on the subject site and no parking being provided on the contiguous commercial property to the east. 4.The traffic generated by the proposed nightclub may impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use could cause significant impactson adjacent residential neighborhoods when cars are being shuttled between the subject site and Parcel 3 during late night hours. 5.The granting of the conditional use permit and the variance under the conditions imposed will be detrimental to the health and safety of the citizens of the City of Anaheim as the property will not provide adequate parking or circulation to accommodate the proposed nightclub. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code and a shared parking arrangement with adjacent property ownersshould be deniedfor the following reasons: SECTION NO. 18.42.040.010Minimum number of parking spaces. (490spaces required for the entire commercial center;357spaces proposed). 1.The requested variance is hereby deniedbecause of issues pertaining to a parking deficiency on the subject site, no reciprocal access or parking being provided on the adjacent Parcel 2, and the potential traffic impacts on the adjacent residential neighborhoodwhen cars are being shuttled between the subject site and Parcel 3, which is located two properties to the east, during late night hours. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities)as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE,BE IT RESOLVED that the Anaheim City Planning Commission does hereby denyConditional Use Permit No. 2010-05537 and Variance No. 2011- 04843. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of thisdiscretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. -2-PC2011-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April11, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission heldonApril11,2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 11day ofApril, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** [DRAFT]ATTACHMENT NO. 3 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1CATEGORICAL EXEMPTIONIS THE APPROPRIATE ENVIRONMENTAL DETERMINATION ANDDENYINGA DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00074 (DEV2010-00177) (1168SOUTH STATE COLLEGE BOULEVARD) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit a Type48 Alcoholic Beverage Controllicense to establish a nightclub in an existing commercial building, to include a Type 48 (Public Premise) ABC license, sale and consumption of alcoholic beverages, public dancing, cover charge, and live entertainment with less parking than required by Code and a shared parking arrangement with an adjacent property owneron certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onJanuary 19,2011, notice of saidpublic hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license to investigate and make findings and recommendations in connection therewith, and the Planning Commission continued this item from its January 19, January 31, February 28, and March 28, 2011 meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: -1-PC2011-*** 1.California State law requires a Determination of Public Convenience or Necessity when property is located in a reporting district thathas a crime rate above the average and has an over-concentration of licenses; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 2.Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on-premises consumption is permitted by the Municipal Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or thegrowth and development of the surrounding area. 3.Thesubject property is located withinCensus Tract No. 863.06 which has a population of 3,570. This census tract allows for four on-sale licenses and there are currently two licenses in the tract. The census tract also allows for three off-sale licenses and currently four licenses are existing. The Anaheim Police Department evaluates these requests basedon the crimerates within thepolice reporting districtby utilizing a ¼ mile radius for the subject site. Thissite has a ¼ mile radius crime rate of 98% percent abovethe citywide average; therefore, a determination of Public Convenience or Necessity is required from the City in this case because this property is located within a reporting district with a high crime rate. 4.The nightclubmay adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because of issues pertaining to a parking deficiency on the subject site, no parking being provided on the adjacent Parcel 2, and the potential traffic impacts on adjacent residential neighborhoods caused by a valet parking service to shuttle cars between the subject site and Parcel 3, which is located two properties to the east. 5.There are no schools or public parks adjacent to or within 500 feet of the subject site. 6.The traffic generated by the proposed nightclub may impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use could cause significant impacts on adjacent residential neighborhoods when cars are being shuttled between the subject site and Parcel 3 during late night hours. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities)as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby determine that the public convenience or necessity will not be served by the issuance of a license for the sale of alcoholic beverages for on-premises consumption in conjunction with a nightclub at this location. - 2 -PC2011-*** BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice for this project. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofApril 11, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina,Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held onApril 11, 2011, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this11day ofApril, 2011. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 -PC2011-*** - 4 -PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò ì RECOMMENDED CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2010-05537 VARIANCE NO. 2010-04843 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00074 (DEV2010-00177) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY PRIOR TO ISSUANCE OFA BUILDING PERMIT 1The business shall be equipped with an alarm system (silent Police or audible). 2The location of a trash enclosure shall be provided in a Public location acceptable to the Public Works Department, Streets Works, and Sanitation Division, and in accordance with approved Streets and plans on file with said Department. Said information shall be Sanitation specifically shown on the plans submitted for building Division permits. 3Address numbers shall be positioned so as to be readily Police readable from the street. Numbers should be visible during hours of darkness. 4Complete a Burglary/Robbery Alarm Permit application, Police Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 5The rear doors of the premises shall be equipped on the Police inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. 6The on-site landscaping and irrigation system shall be Planning refurbished in compliance with City standards. Landscape and irrigation plans shall be submitted to the Planning Services Division for review and approval. 7The on-site parking lots shall be repaved and restriped in Planning compliance with City standards. Plans indicating the refurbishment of the parking lots shall be submitted to the Planning Services Division for review and approval. 8Clinging vines shall be installed on the north side of the Planning block wall located on the north property line adjacent to Code Almont Street to prevent graffiti opportunities. Said vines Enforcement shall be shown on plans submitted for building permits. 9An executed agreement providing shared reciprocal access Planning and parking with the two commercial properties to east, in a form satisfactory to the City Attorney, shall be submitted to the Planning Services Division. Said agreement shall remain in full force and effect at all times. The covenant shall contain provisions to guarantee that the entire complex be managed and maintained as one (1) integral parcel for purposes of parking and vehicular circulation between the three properties. GENERAL CONDITIONS 10The permitted event or activity shall not create sound levels Police/ which violate any ordinance of the City of Anaheim. Code Enforcement 11Security measures shall be provided to the satisfaction of the Police Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise creating by patrons entering or leaving the premises. 12Any and all security officers provided shall comply with all Police State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code (Section 4.16.070 of the AMC). 13The business shall not be operated in such a way as to be Police detrimental to the public health, safety or welfare. 14The owner shall provide security personnel in the parking Police/ lots and shall maintain order therein and prevent any activity Code which would interfere with the quiet enjoyment of their Enforcement property by adjacent residents. 15Trash pickup at the premises shall be made no earlier than 7 Code a.m. and no later than 10 p.m.Enforcement 16There shall be no public telephones on the premises located Code outside the building.Enforcement 17Any tree and/or landscaping planted on-site shall be replaced Code in a timely manner in the event that it is removed, damaged, Enforcement diseased and/or dead. 18Adequate lighting of parking lots, driveway, circulation Police areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property,and vehicles on-site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 19Railingfor the second story VIP area shall be a clear Police unobstructed material completely see-through to the first floor area and monitored for security purposes and patron safety. 20Partitions separating the booth areas shall not exceed 52 Police/ inches in height. Code Enforcement 21The owner shall not maintain or construct any type of Police/ enclosed room intended for use by patrons or customers for Code any purpose. Enforcement 22VIP/Hospitality alcove areas constructed on the premises Police shall have the following characteristics: -No physical obstruction shall be attached, fastened, or connected in any manner to any section of the wall or ceiling at the alcove openings. -No physical obstruction, including but not limited to planters, partitions or items of décor, shall be placed or attached to any section of the floor at the alcove openings. 23The number of persons attending the event shall not exceed Fire the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. 24There shall be no amusement machines, video game devices, Code or pool tables maintained upon the premises without issuance Enforcement of proper permits as required by the Anaheim Municipal Code. 25There shall be no amplified music permitted outside of the Police building, including the outdoor patio area. 26The use of all pyrotechnical material, special effects and Fire fireworks shall be permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. No required parking area shall be fenced or otherwise 27Code enclosed for outdoor storage. Enforcement 28No outdoor activities involving gathering of persons shall be Code permitted on-site.Enforcement 29The applicantshall be responsible for maintaining the area Code adjacent to the premises over which they have control, in an Enforcement orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within two business days of being applied. 30No person under the age of 21 shall be allowed on the Police premises any time it is open for business. 31The business shall not employ or permit any persons to Police solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 32There shall be no exterior advertising or sign of any kind or Code type, including advertising directed to the exterior from Enforcement within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 33The sale of alcoholic beverages for consumption off the Police premises shall be prohibited. 34Entertainment provided shall not be audible beyond the area Police/Code under the control of the licensee.Enforcement 35The floor space provided for dancing shall be free of any Police/Code furniture or partitions and maintained in a smooth and safe Enforcement condition. 36The petitioner shall not share any profits, or pay any Police percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 37All employees shall be clothed in such a way as to not expose Police “specified anatomical areas” as described in Section 7.16.060 of the Anaheim Municipal Code. 38There shall be no amusement machines, video game devices, Code or pool tables maintained upon the premises without issuance Enforcement of proper permits as required by the Anaheim Municipal Code. 39The business shall patrol the area under their control in an Police/Code effort to prevent the loitering of persons around the premises.Enforcement 40Theproperty shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicantand which plans are on file with the Planning Department marked ExhibitNos.1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò é ßÌÌßÝØÓÛÒÌ ÒÑò è ßÌÌßÝØÓÛÒÌ ÒÑò ç ßÌÌßÝØÓÛÒÌ ÒÑò ïð ßÌÌßÝØÓÛÒÌ ÒÑò ïï ßÌÌßÝØÓÛÒÌ ÒÑò ïî City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ûèèûùôï÷îèîí öê÷÷åûã êé éöê êé éöê ùõïôì ûîûô÷óïêíãûðïíúóðôíï÷ìûêñ êé êé êé éöê éöê éöê êï êï åííøôûæ÷î ÷øõ÷åííøìûêñ ûìèé ûìèé øç êï øç ìðûù÷îèóûåííøé ûìèé êï øç ûêúíêìûêñ ùõ ûìèé ø÷æ øç ê÷ðóõóíçéçé÷ êï öíçêìð÷ä êï öíçêìð÷ä êï ùõ öíçêìð÷ä é÷êæóù÷ éèûèóíî êï öíçêìð÷ä êï ôóøø÷îæóððûõ÷ êï ûìèé èêóìð÷ä øç êé éöê ùõ êï êï ê÷èûóð ùõ ûìèé êï öíçêìð÷ä ê÷èûóð øç ûìèé êé øç éöê êï êï ùõ öíçêìð÷ä öíçêìð÷ä ê÷èûóð êé éöê êï êï öíçêìð÷ä öíçêìð÷ä û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ îÍÊÈÔéÈÛÈ×ùÍÐÐ×Õ×úÍÇÐ×ÆÛÊØ ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ îÍÊÈÔéÈÛÈ×ùÍÐÐ×Õ×úÍÇÐ×ÆÛÊØ ÅÜÎßÚÌÃ ßÌÌßÝØÓÛÒÌ ÒÑò î RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1,CATEGORICAL EXEMPTIONAND APPROVING CONDITIONAL USE PERMIT NO.4187C (DEV2011-00001) (1220 NORTH STATE COLLEGE BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No.4187C,to enclose an existing 2, 280 square foot upper level deck area for children's activitiesand recreationat a private school that is located within an existing religious facilityproposedfor certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference. WHEREAS, on June 20, 2000, the City Council, by its Resolution No. 2000R- 114, granted Conditional use Permit No. 4187 to permit a church facility with an accessory private preschool and elementary school; and WHEREAS, this property is developed with commercial building located in the Commercial General (CG)zone and the Anaheim General Plan designates the property for Medium Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of AnaheimonApril 11, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and makefindings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearingwith respect to the request for a conditional use permit, does find and determine the following facts: WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.Therequest to enclose an existing 2, 280 square foot upper level deck area for children's activities and recreation at a private school that is located within an existing religious facility tin the C-G (General Commercial) Zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section18.08.030.040.0402(Conditionally Permitted Uses)of the Zoning Code. -1-PC2010-*** 2.The requestto enclose an existing 2, 280 square foot upper level deck area for children's activities and recreation at a private school that is located within an existing religious facility would not adversely affect the surroundingland uses and the growth and development of the area in which it is proposed to be locatedbecause the property is currently developedwithaa religious facility and private school and the proposed use is compatible with the surrounding area. 3.The size and shape of the siteis adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the publicbecausethe property is currently improved religious facility and private school with no proposed expansion. 4.The traffic generated by the enclosure of the upper level deck area for children's activities and recreation at a private school would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areabecausethe number of vehiclesentering and exiting the site are consistent withthe existing school. 5.The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6.The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with thesurrounding area. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities)as defined in the State CEQA Guidelines, and is ( therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 4187C subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that thispermitisapproved without limitations on the duration of the use. Amendments, modifications and revocations of thispermit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of thisapplication constitutes approval of the proposed request only to the extent that itcomplies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement -2-PC2011-*** BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of thisdiscretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofApril 11, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions -General” of the Anaheim Municipal Code pertaining to appeal proceduresand may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held onApril 11, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my handthis 11day of April, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** ÛÈØ×Þ×Ì Þ ßÓÛÒÜÓÛÒÌ ÌÑ ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÒÑò ìïèéÝ øÜÛÊîðïïóððððï÷ ÎÛÊ×ÛÉ Í×ÙÒÛÜ ÞÇ ÑÚÚ ÞÇ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ GENERAL 1.Subject property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicant and whichplans are on file with the Planning Department marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). -5-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ßÌÌßÝØÓÛÒÌ ÒÑò ï ÎÓóí ÍÚÎ ÎÍóî Û ÎÓóí ÍÚÎ ÎÓóí ÎÓóí ÍÚÎ ÚÑËÎÐÔÛÈ ÜËÐÔÛÈ ÎÓóí ÎÓóí ÎÓóí ÍÚÎ ÎÍóîÜËÐÔÛÈ ÍÚÎ ÍÚÎ ÎÓóí ÎÓóí ÚÑËÎÐÔÛÈ ÎÓóí ÜËÐÔÛÈ ÎÓóí ÜËÐÔÛÈ ÚÑËÎÐÔÛÈ ÎÓóí ÎÓóí ÎÍóî ÍÚÎ ÍÚÎ ÍÚÎ ÎÓóí ÍÚÎ ÎÍóî ÎÓóí ÍÚÎ ÍÚÎ ÎÓóí ÎÓóí ÎÓóí ÍÚÎ ÍÚÎ ÍÚÎ ÎÍóî ÍÚÎ ÎÍóî ÎÓóí ÍÚÎ ÜÛÊ îðïðóððïçð ÎÍóî ÍÚÎ ÎÍóî ÎÓóí ÎÓóí ÍÚÎÎÍóî ÍÚÎ ÍÚÎ ÎÓóí ÍÚÎ ÍÚÎ ÎÓóí ÜËÐÔÛÈ ÎÓóí ÎÍóîÚÑËÎÐÔÛÈ ÍÚÎÎÍóî ÍÚÎ ÎÓóí ÝóÙ ÚÑËÎÐÔÛÈ ÎÛÌß×Ô ÎÍóí ÍÚÎ ÎÍóí ÎÍóî ÍÚÎ ÜËÐÔÛÈ ÎÍóí ÎÍóî ÝóÙ ÎÛÌß×Ô ÍÚÎ ÎÛÌß×Ô ÎÍóî ÎÍóí ÚÑËÎÐÔÛÈ ÎÍóí ÜËÐÔÛÈ ÎÍóí ÍÚÎ ÜËÐÔÛÈ ÎÍóî ÎÍóî ÍÚÎ ÍÚÎ ÝÙ ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðíëóðëìóïé Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊîðïðóððïçð èíî Ò±®¬¸ Ô»³±² Í¬®»»¬ ïïðèç ßÌÌßÝØÓÛÒÌ ÒÑò ï ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðíëóðëìóïé Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊîðïðóððïçð èíî Ò±®¬¸ Ô»³±² Í¬®»»¬ ïïðèç [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 3 (NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) ANDAPPROVING CONDITIONAL USE PERMIT NO. 2010-05542 & VARIANCE NO. 2010-04841 (DEV2010-00190) (830 NORTH LEMONSTREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onApril 11, 2011,at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; WHEREAS, thisproperty is developed with three residential structures that include two single-family homes and a two-story apartmentbuilding. The property is located in the RM-3 (Multiple Family Residential) zone and the Anaheim General Plan designates the property forLow Density residential land uses; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That the proposed use to establish aresidential care facility for up to 16residents is properly one for which a conditional use permit is permitted under authority of Code Section No. 18.06.030.0040.0402(Group Care Facilities). 2.That the proposed residential care facility,as conditioned herein,would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the services provided are for the residents only and the facility willoperate seamlessly within the residential living environment. 3.That the size and shape of the site for the residential care facilityis adequate to allow the full development of the proposed use in a manner not detrimental to the particular area orto the health and safety. 4.That the traffic generated by the residential care facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area;and -1-PC2011-*** 5.That granting of the conditional use permitunder the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the PlanningCommission does further find and determine that the request for fewer parking spaces than allowed by code, should be approved for the following reasons: SECTION NO. 18.42.040.010Minimum number of parking spaces. (11required; 6proposed) 1.The request forfewer off-street parking spaces, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the parking demand letter provided by the applicant. Since the residents do not drive, all of the parking demand will be provided on-site and will not increase the demand for parking on the public streets. 2.The request forfewer off-street parking spaceswill not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within the property boundaries. 3.That the request, under the conditions imposed will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because this use will not exceed anticipated traffic volumes for this property and the surrounding area. 4.The request forfewer off-street parking spaces will not increase traffic congestion within the off-street parking areas for the proposed uses as ingress and egress to the site would be provided via alley access andalong LemonStreet. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 and 32(Existing Facilities and New Construction or Conversion of Small Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement toprepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approveConditional Use Permit No. 2010-05542 and Variance No. 2011- 04581 and subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Directorupon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and -2-PC2011-*** (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permitmay be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of thisapplication constitutes approval of the proposed request only to the extent that itcomplies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 11, 2011. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3-PC2011-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 11, 2011, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 11day ofApril, 2011. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4-PC2011-*** -5-PC2011-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05542 AND VARIANCE NO. 2010-04841 (DEV2010-00190) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY GENERAL CONDITIONS This residential care facility shall be limited to 16 female 1Code residents. The facility shall be non-medical and shall be Enforcement permitted to provideboth group and individual counseling. Planning Nosigns shall be visible off-site identifying this use as a 2Code residential care facility. Enforcement Residents are notpermitted to maintain a personal vehicle on 3Code the premisesor while residing at the facility. Enforcement The applicant shall provide a 24 hour per day on-site 4Code manager who will be responsible for responding to any Enforcement neighborhood concerns regarding the operations of the Planning facility. The name and telephone number of the on-site manager shall be kept on file with the Code Enforcement Division of the Planning Department. The applicant shall complete a Burglary/Robbery Alarm 5Police Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. 6Theproperty shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicantand which plans are on file with the Planning Department marked Exhibit No.1 (Site Plan), Exhibit No. 2 (Floor Plan) and Exhibit No. 3 (Elevation Plan), and as conditioned herein. -6-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ¼£¬Æ£«ñÜY£ªªÉú-Ë2433 ¼YÃ±±YËÃªùª«Åô£k£øô£ª£±±£_£ÃªÐÆÃ_ÃÆÆ«_ÆÃ±Ãª Æ£Ð«È¼ÆÃZ`Ã±±_£k±kø£øøªÐk´ÃªÐÈ ÂÃª±YË óØiÏØÉòËØÔÉÏØË æÅªäÃª ZkÃ`Ã£´ú£kª ùª«Åô£k£øô£ ¢-30¡0/-13,- ·ªÐª«Æ£È£Ð ___Èùª«ô£k£øô£È£Ð Grandma’s House of Hope || 174 West Lincoln Ave. #541, Anaheim, CA 92805 || (714) 636-3690 || http://www.grandmashouseofhope.org ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò ê îð×ÏÍÎéÈ ÖÈÊÛØÓÇÉ ûØÇÐÈê×ÉÓØ×ÎÈÓÛÐùÛÊ×öÛÙÓÐÓÈÃ ûèèûùôï÷îèîí ìðûù÷îèóûùóèãðóïóèé ûîûô÷óïùóèãðóïóèé éìéù éì øû øû èêóùíðûìûðïû ð÷ûé÷ûðððûìûðïû úçéóî÷ééìûêñ úçéóî÷ééìûêñ éìéù øû éìéù èêóùíðûìûðïû øû úçéóî÷ééìûêñ èêóùíðûìûðïû éìéù úçéóî÷ééìûêñ øû éì ï÷øóùûð øû íööóù÷ ð÷ûé÷ûðððûìûðïû úçéóî÷ééìûêñ éìéù øû éìéù ê÷éèûçêûîè øû óîøçéèêóûð éìéù éìéù øû øû óîøçéèêóûð íööóù÷é éìéù øû ø÷æ éì óîøçéèêóûð øû íùöùø éìéù øû éìéù íùöùø øû íùöùø û×ÊÓÛÐìÔÍÈÍ ûððìêíì÷êèó÷éóîèô÷ûðìôûîíêèô÷ûéèûê÷ûê÷ø÷æ÷ðíìï÷îèûê÷û ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ÷ÛÉÈðÛìÛÐÏÛûÆ×ÎÇ× ûèèûùôï÷îèîí ìðûù÷îèóûùóèãðóïóèé ûîûô÷óïùóèãðóïóèé û×ÊÓÛÐìÔÍÈÍ ûððìêíì÷êèó÷éóîèô÷ûðìôûîíêèô÷ûéèûê÷ûê÷ø÷æ÷ðíìï÷îèûê÷û ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ÷ÛÉÈðÛìÛÐÏÛûÆ×ÎÇ× ßÌÌßÝØÓÛÒÌ ÒÑò î City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ßÌÌßÝØÓÛÒÌ ÒÑò ï ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING SUBSECTION .010 OF SECTION 18.44.110 OF CHAPTER 18.44 AND SUBSECTION .020 OF SECTION 18.62.040OF CHAPTER 18.62OF TITLE 18OF THEANAHEIM MUNICIPAL CODE RELATING TOWALL SIGNS AND ADMINISTRATIVE REVIEWS. (ZONING CODE AMENDMENT 2011-00094) (DEV2011-00003) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That subsection .010 of Section 18.44.110 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Wall Signs.Wall signs are allowed in non-residential zones, including commercial uses in the “T” zone, unless otherwise provided herein.The total aggregate area of wall signs(s), including the area of awning signs or similar signs affixed to the building elevation, shall not exceed ten percent (10%) of the area of the face of the building to which such sign(s) is attached, or two hundred (200) square feet, whichever is less.Wall signs shall avoid textimagery that duplicates freestanding signs on the same property. Wall signs shall comply with the following provisions: .0101The maximum number of allowable signs shall be limited to one per building elevation or one per business for buildings with multiple tenants/businesses fronting on a street. Twoadditional wall signs may be permitted for a singular tenant on any one wall, only when that tenant's frontage exceeds one hundred (100) lineal feet along said wall. In addition to the primary wall sign facing a street frontage, secondary wall signs for businesses facing a parking lot, or for corner tenants with two frontages, are permitted.The sign shall have only one (1) display surface; 0102 A maximum of three wall signs per building elevationis permitted for office buildings with four or more stories in height, only when the building frontage exceeds one hundred (100) lineal feet along said elevation.Said wall signs shall be located on the parapet wall adjacent to the roof or between the first and second floors only.The maximum number of allowable signs is as follows: .0103The maximum aggregate area of allowable wall signs per building elevation is limited to one square foot of sign area per lineal foot of that building elevation. Wall signs for individual tenants shall not exceed one square foot of area per lineal foot of saidtenant’s building frontage. ATTACHMENT NO. 2__ .0104The maximum aggregate area of allowable wall signs per building elevation for buildings with four or more stories shall be limited to threesquare feet of sign area per lineal foot of that building elevation. Ô·²»¿® Ú»»¬ ±º Þ«·´¼·²¹ Ò«³¾»® ±º É¿´´ Ú®±²¬¿¹» º±® ¬¸» Ë»Í·¹² 0-40 feet1 41-80 feet2 81 or more feet3 .0103The maximum height of letters is as follows: Ø»·¹¸¬ ±º ¬¸» Í·¹² Ø»·¹¸¬ ±º Ô»¬¬»® ø²«³¾»® ±º ¬±®·» ø·²½¸»÷ ¿¾±ª» ¹®±«²¼÷ 1-3 stories24 4-5 stories36 6 or more stories48 .0104The maximum logo or trademark symbol height shall not be more than one and one-half (1-1/2) times the size of the permitted maximum letter height; .0105The single display surface shall be placed parallel to, and in front of, any exterior wall of the building; .0106The sign shall be placed on a flat surface and not on a decorative architectural feature of the structure; .0107The sign shall not project over or into any public right-of-way; .0108The sign shall not project above the parapet or eaves of the building, whichever is lower; and .0109The single display surface, including individual letters, shall not project more than twelve (12) inches beyond the wall or structure to which it is attached." SECTION 2. That subsection .020 of Section 18.62.040of Chapter 18.62of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: -2- ATTACHMENT NO. 2__ ".020Types of Adjustments. Administrative adjustments may be approved or conditionally approved by the Planning Director in the following matters: .0201Dimensional requirements for front setbacks: up to twenty percent (20%) may be approved by the Planning Director. .0202All other dimensional or percentage limitations or requirements of this Title, except fences, walls, hedges and berms: a maximum deviation of ten percent (10%).A deviation of 10% or less from the requirements for parking may be processed subject to Section 18.42.050 (Location of Parking and Off-Site Parking Arrangements) and Section 18.42.120 (Off-Site Parking Permits). .0203Maximum height requirements for fences, walls, hedges and berms in any required structural setback or yard in any non-residentialzone separating any non-residential from an adjacent residential zone where the additional height is reuqired to minimize negative impacts to the residential use. .0204Reconstruction of structures accessory to historic residences in conformance with subsection 18.56.040.060. .0205Garage location and access requirements. .0206Parking requirements subject to the provision of Section 18.42.110 (Parking Variances) and Section 18.42.050 (Location of Parking and Off-Site Parking Arrangements) of Chapter 18.42 (Parking and Loading). .0207Maximum area of allowable wall signs subject to the limitations of Section 18.44.110.010 (Wall Signs and Other Types of Signs): up to twenty (20%) may be approved by the Planning Director." SECTION 3.SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION4.SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted -3- ATTACHMENT NO. 2__ by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION5.PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 (Violations of Code-Penalty) ofthe Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2011, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2011, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By:___________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 82101.v1/MGordon -4- City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ßÌÌßÝØÓÛÒÌ ÒÑò ï ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TABLE 42-A OF SECTION 18.42.040 AND SUBSECTIONS .030 AND.040 OF SECTION 18.42.080 OF CHAPTER 18.42 OF TITLE 18 OF THE ANAHEM MUNICIPAL CODE PERTAINING TO PARKING AND LOADING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Table 42-A (Non-Residential Parking Requirements) of Section 18.42.040 of Chapter 18.42 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Ì¿¾´» ìîóß ÒÑÒóÎÛÍ×ÜÛÒÌ×ßÔ ÐßÎÕ×ÒÙ ÎÛÏË×ÎÛÓÛÒÌÍ Ë» Ý´¿ Î»¯«·®»¼ Í°¿½» Agricultural Crops5 spaces per 10 acres. Alcoholic Beverage Sales–Off-0 spaces (spaces are required for underlying uses only). Sale Alcoholic Beverage Sales–On-0 spaces (spaces are required for underlying uses only). Sale Ambulance Services4 spaces per 1,000 square feet of GFA, plus parking for ambulances/emergency vehicles. Animal Boarding4 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Animal Grooming4 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Antennas–Broadcasting2 spaces. Antennas–Private TransmittingNone. Antennas–Telecommunications1 space. Automatic Teller Machines2 spaces per machine. (ATM’s) (Exterior, walk-up Note: No parking spaces are required when located on the exterior facilities not located on building wall of an existing business use, when located within the interior properties developed with other of any other type of business establishment, or when free-standing retail or office uses.)machines are located on properties developed with other retail or office uses. In addition, no parking spaces are required for drive-up facilities. Automotive–Car Sales & RentalGeneral:2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. Wholesale (excluding auctions):4 spaces per 1,000 square feet of space used for parking vehicles to be sold. Auctions:Requires parking demand study per paragraph 18.42.040.010.0107. Automotive–Car Sales Retail & 4 spaces per 1,000 square feet of GFA. Wholesale (Office Use Only) Automotive–Public ParkingNone. Automotive–Parts Sales5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Automotive–Repair & 3.5 spaces per 1,000 square feet of GFA, or 5 spaces, whichever is Modificationgreater. Automotive–Service StationsStand-Alone:2 spaces. In Conjunction with Other Uses:0 spaces. Automotive–WashingIn Conjunction with Service Station:1 space, plus drying area for 5 vehicles. Stand-Alone:5.5 spaces per 1,000 square feet of GFA, plus drying area for 5 vehicles. Bars & Nightclubs17 spaces per 1,000 square feet of GFA. Bed & Breakfast Inns1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this use class, "Bedroom" means any room designed, intended or primarily used for sleeping purposes). BeekeepingNone. BillboardsNone. Boat & RV Sales2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. Business & Financial Services5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. CemeteriesRequires parking demand study per paragraph18.42.040.010.0107. Commercial Retail CentersTotal parking spaces are equal to the sum of the parking requirements for the individual use types in the center. óîó Community & Religious 0.333 space per fixed seat, or 29 spaces per 1,000 square feet of GFA, Assemblywhichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use, plus, if a kitchen facility is provided, 0.02 space per person for the maximum capacity figure of the assembly area determined by the City Fire Department; if other types of ancillary uses other than a Sunday school are included, a parking demand study may be required. Computer Internet & 0.18 space per computer, or 5.5 spaces per 1,000 square feet of GFA, Amusement Facilitieswhichever results in a greater number of spaces. Convalescent & Rest Homes0.8 space per bed. Convenience Stores 5.5 spaces per 1,000 square feet of GFA;if combined with other allowed uses, 3 spaces for the first additional use, and 1 space for each additional use thereafter, except that the extra spaces are not required when the uses are integrated within a commercial retail center. Dance & Fitness Studios–Requires parking demand study per paragraph18.42.040.010.0107. Large 5.5 spaces per 1,000 square feet of GFA. Dance & Fitness Studios– Small Day Care Centers 1 space per employee, plus 1 space per 10 children or adult clients, plus 1 space for loading and unloading children or adult clients onsite. Drive-Through FacilitiesNone as an accessory use, but requires adequate space for queuing. Educational Institutions–0.82 space per student, or 20 spaces per 1,000 square feet of GFA for Businessinstruction area, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office area. Educational Institutions–GeneralElementary and Junior High Schools:1 space per classroom, plus 1 space per non-office employee, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). High Schools:1 space per non-office employee, plus 1 space per 6 students, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). Educational Institutions–4 spaces per 1,000 square feet of GFA. Tutoring Equipment Rental–Large4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus 0.4 space per 1,000 square feet of outdoor equipment storage area. Equipment Rental–Small4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus 0.5 spaces per 1,000 square feet of outdoor equipment storage area. óíó Golf Courses & Country ClubsGolf Courses:10 spaces per hole, plus 1 space per 35 square feet of building GFA used for public assembly, plus 5.5 spaces per 1,000 square feet of GFA used for other commercial purposes. Golf Driving Ranges:1 space per driving tee. Group Care Facilities0.8 space per bed. Helipads Requiresparking demand study per paragraph18.42.040.010.0107. HospitalsRequires parking demand study per paragraph18.42.040.010.0107. Hotels & Motels0.8 space per guest room, plus 8 spaces per 1,000 square feet of GFA for banquet/meeting room, plus 8 spacesper 1,000 square feet of GFA for full-service, semi-enclosed, walk-up and fast-food restaurants, plus 5.5 spaces per 1,000 square feet of GFA for take-out restaurants integrated into the hotel complex, plus 1 space per 1,000 square feet of retail space plus 0.25 space for each employee working in the guest room areas. Industry–LimitedIndustrial–General Limited:1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities:0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses:0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 1 space per 2 maximum contemplated number of employees tobe engaged in the outdoor operation, whichever results in a greater number of spaces. Industry–General Industrial–General:1.55 spaces per 1,000 square feet of building GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities:0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses:0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 1 space per 2 maximum contemplatednumber of employees to be engaged in the outdoor operation, whichever results in the greater number of spaces. óìó Junkyards5 spaces or 5.5 spaces per 1,000 square feet of building GFA, whichever is greater. Markets–Large5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Markets–Small5.5 spaces per 1,000 square feet of GFA. Medical & Dental Offices6 spaces per 1,000 square feet of GFA. MortuariesRequires parking demand study per paragraph18.42.040.010.0107. OfficesOffice-General:4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower;3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Oil Production2 spacesper well. Outdoor Storage Yards 4 spaces or 4 spaces per 1,000 square feet of building GFA of any accessory building, whichever is greater, plus spaces required for service vehicles. Personnel Services–General5.5 spaces per 1,000 square feet of GFA forfirst 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Personnel Services–Restricted5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Plant Nurseries5.5 spaces per 1,000 square feet of building GFA, plus 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways. Public Services4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Recreation–Bowling & BilliardsBowling Alleys:6 spaces per bowling lane. Billiard Halls:2 spaces per billiard table, plus required spaces for other uses within the facility. Recreation–Commercial IndoorAmusement Arcades:requires parking demand study per paragraph 18.42.040.010.0107. Racquetball Facilities:5 spaces per court. Skating Rinks:2.4 spaces per 1,000 square feet of building GFA. Broadcast or Recording Studios with Audience:5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Theaters–Live Performances:0.4 spaces perseat or patron, whichever results in a greater number of spaces, plus 0.8 spaces per employee, including performers. óëó Theaters–Single-Screen Motion Picture:0.6 space per seat or patron, whichever results in a greater number of spaces, plus 5 spaces for employees. Theaters–Multi-Screen Motion Picture:0.3 spaces per seat or per patron, whichever results in a greater number of spaces, plus 2 employee spaces per screen. Other Uses:Requires parking demand study per subsection 18.42.040.010.0107. Recreation–Commercial Miniature Golf Course:20 spaces per course, plus 1 per each employee. OutdoorOther Uses:requires parking demand study per paragraph 18.42.040.010.0107. Recreation–Low-ImpactRequires parking demand study per paragraph18.42.040.010.0107. Recreation–Swimming & Swimming Facilities:requires parking demand study per paragraph Tennis18.42.040.010.0107. Tennis Courts:5 spaces per court. Recycling Services–Consumer0 space (spaces are required for host use(s) only). Recycling Services–General1.55 spaces per 1,000 square feet of building GFA. Recycling Services–Processing1.55 spaces per employee. Repair Services–General5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Repair Services–Limited5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Research & Development4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Restaurants–GeneralDrive-In, Drive-Through, Fast-Food:1610spaces per 1,000 square feet of GFA. Take-Out (not to exceed a cumulative maximum total of ten seats for patrons):5.5 spaces per 1,000 square feet of GFA. Restaurants–Full Service8 spaces per 1,000 square feet of GFA if integrated intoa planned development complex;15 spaces per 1,000 square feet of GFA, if not integrated into a planned development complex. Restaurants–Semi-Enclosed8 spaces per 1,000 square feet of GFA, if integrated intoa planned development complex;15 spaces per 1,000 square feet of GFA, if not integrated into a planned development complex. Restaurants–Take-Out5.5 spaces per 1,000 square feet of GFA. Restaurants–Walk-Up16 spaces per 1,000 square feet of GFA. óêó Retail Sales–GeneralGeneral:5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Art Galleries:3.3 spaces per 1,000 square feet of GFA. Furniture, Carpet & Flooring:2.25 spaces per 1,000 square feet of GFA. Retail Sales–Kiosks1 space per 25 square feet of GFA or 3 spaces per facility, whichever results in a greater number of parking spaces. Retail Sales–Outdoor0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 0.5 space per each employee engaged in the outdoor operation, whichever results in a greater number of parking spaces. Retail Sales–RegionalFurniture, Carpet & Flooring:2.25 spaces per 1,000 square feet of GFA. Other:5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Retail Sales–Used Merchandise5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Room & Board1space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this provision, "Bedroom" means any room designed, intended or primarily used for sleeping purposes). Self-Storage Facilities0.27 space per 1,000 square feet of building GFA or 5 spaces, whichever results in a greater number of spaces, plus adequate loading and unloading areas as required by the Planning Services Manager or his/her designee. Sex-Oriented BusinessesPrimarily Live Performance:10 spaces per 1,000 square feet of GFA. Primarily Book or Video Store:5.5 spaces per 1,000 square feet of GFA. Studios–Broadcasting2.5 spaces per 1,000 square feet of GFA. Studios–Recording2.5 spaces per 1,000 square feet of GFA. Towing Services4spaces per 1,000 square feet of building GFA, plus spaces for tow trucks. Transit FacilitiesRequires parking demand study per paragraph18.42.040.010.0107. Truck Repair & Sales2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spacesper 1,000 square feet of office use, plus 5.5 square feet per 1,000 square feet of building GFA for parts, sales, storage and repair use. óéó Utilities–Major Requires parking demand study per paragraph18.42.040.010.0107. Utilities–MinorNone required. Veterinary Services5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Warehousing & Storage–1.55 spaces per 1,000 square feet of GFA, which may include a Enclosedmaximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Warehousing & Storage–0.4 spaces per 1,000 square feet of outdoor storage area (excluding Outdoorsvehicle accessways), plus 1.55 spaces per 1,000 square feet of GFA (which may include a maximum of 10% office space), plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Wholesaling1.55 spaces per 1,000 square feet of building GFA. SECTION 2. That subsection .030 of Section 18.42.080(Drive-ThroughRequirements).of Chapter 18.42 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030Location of Lane Entrance. The beginning point of a drive-through lane shall be located no closer than 25 feet from the ultimate right of way line of any adjacent public street providing direct access to the lane.Lanes with Separate Ordering Devices.Each drive-through lane that utilizes an ordering device that is detached from the main building shall have a minimum distance of sixty (60) feet between the start of said lane and such ordering device, and an additional minimum distanceof one hundred (100) feet between such ordering device and the service window or area.Said distances shall be measured along the centerline of the prescribed vehicular path." SECTION 3. That subsection .040 of Section 18.42.080 (Drive-Through Requirements).of Chapter 18.42 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".040Stacking Spaces.Businesses that provide drive-through facilities are required to provide spaces for vehicles waiting in line. Required stacking spaces shall be a minimum nine (9) feet wide and twenty-two (22) feet in length and shall not be counted as required on-site parking spaces. Stacking spaces shall be located to prevent any vehicles from extending onto the public right-of-way, or interfering with any pedestrian circulation, traffic maneuvering, or other parking space areas. The design of the stacking arrangement shall be reviewed and approved in conjunction with the conditional use permit required for the proposed use.Lanes Without Separate Ordering Devices.Each drive-through lane which does not utilize a separately located óèó ordering device shall have a minimum distance of one hundred sixty (160) feet for fast-food uses, or one hundred (100) feet for uses other than fastfood, between the start of said lane and the service window or area.Said distance shall be measured along the centerline of the prescribed vehicular path." SECTION 4. That Appendix B (Drive-Through Requirements –Separate-Ordering Devises) and AppendixC (Drive-Through Requirements –Without Separate-Ordering Devises) of Chapter 18.42 of the Anaheim Municipal Code be, and the same are hereby, deleted in their entirety. SECTION 5.SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 6.SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. óçó THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2011, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2011, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 82518.v1/MGordon óïðó City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net