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PC 2011/06/20City of Anaheim Planning Commission Agenda Monday, June 20, 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 staffreport is also available on the City of Anaheim website www.anaheim.net/planningon Thursday, June16, 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 regular business hours. You may leave a message for the Planning Commission using the following planningcommission@anaheim.net e-mail address: APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, 10calendar days Tentative Tract and Parcel Maps will be final after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someoneelse 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. AnaheimPlanning 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. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff,or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. 06/20/11 Page 2of 8 Public Hearina Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2011 -05562 Resolution No. (DEV2011- 00052) Location: 1095 North Pullman Street The applicant proposes to remodel an existing Home Depot Project Planner: store and construct a new tower element which exceeds David See the 35 -foot height limit within the Scenic Corridor Overlay dsee(cDanaheim.net zone. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2011 -05555 Resolution No. _ (DEV2011- 00026) Location: 1729, 1731 and 1733 South Claudina Way The applicant proposes to establish a 2,700 square foot Project Planner: personal training facility in the industrial zone. Della Herrick dherrick(a 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). 06/20/11 Page 3 of 8 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2011 -05556 Resolution No. _ (DEV2011- 00030) Location: 1759 South Claudina Way The applicant proposes to expand an existing restaurant Project Planner: in the industrial zone. Scott Koehm skoehOo1 anaheim. 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. 5 PUBLIC CONVENIENCE OR NECESSITY NO. 2011 -00077 Resolution No. _ (DEV2011- 00041) Location: 440 North Euclid Street The applicant proposes to upgrade an existing Alcohol Project Planner: Beverage Control license from a Type 20 license (allowing Della Herrick the sale of beer and wine for off - premises consumption) to dherrick(a-)anaheim.net a Type 21 license (allowing the sale of beer, wine and distilled spirits for off - premises consumption) in an existing Walmart store. 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). 06/20/11 Page 4 of 8 ITEM NO. 6 ZONING CODE AMENDMENT NO. 2011 -00100 Motion (DEV2011- 00028) Location: Citywide A City- initiated amendment to Title 18 (Zoning) of the Project Planner: Anaheim Municipal Code pertaining to the design and Vanessa Norwood location of residential parking spaces and minimum side vnorwood(aDanaheim.net yard setback requirements for Single - Family Residential - Hillside zones. Environmental Determination: The proposed action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code. ITEM NO. 7 ZONING CODE AMENDMENT NO. 2011 -00097 Motion (DEV2011- 00018) Location: Citywide A City- initiated amendment to Title 18 (Zoning) of the Project Planner: Anaheim Municipal Code pertaining to the siting, Tracy Sato operation and design of emergency shelters. tsato(alanaheim.net Environmental Determination: The proposed action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code. 06/20/11 Page 5 of 8 ITEM NO. 8 ZONING CODE AMENDMENT NO. 2011 -00102 (DEV2011- 00059) Location: Citywide A City- initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code pertaining to the definition and permitted location of transitional and supportive housing uses. Environmental Determination: The proposed action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code. Motion Project Planner: Tracy Sato tsato(olanaheim.net Adjourn to Wednesday, July 6, 2011 at 5:00 p.m. 06/20/11 Page 6 of 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m.June 15, 2011_ (TIME)(DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearingsaccessible to all members of the public. The City prohibits discrimination on 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 in appropriate 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 deraza , 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. 06/20/11 Page 7of 8 S C H E D U L E 2011 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 06/20/11 Page 8of 8 ûèèûùôï÷îèîí êóæ÷êæûðð÷ã ê÷ø÷æ÷ðíìï÷îèûê÷û ùõéù æ÷è÷êóîûêã ùðóîóù èéù ùõéù éûîèûûîûêóæ÷ê ûçèí ø÷ûð÷êéôóì ùõéù ûçèíø÷ûð÷êéôóì ùõéù é÷êæóù÷ éèûèóíî èéù ùõéù éçúéèûèóíî ùõéù é÷ðö ø÷æ éèíêûõ÷ óéù ôíï÷ø÷ìíè öûùóðóèã ÷øóéíî÷ûé÷ï÷îè ùõéù æûùûîè ùõéù íì÷îéìûù÷ û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ îÍÊÈÔìÇÐÐÏÛÎéÈÊ××È ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ îÍÊÈÔìÇÐÐÏÛÎéÈÊ××È [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTIONIS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATIONANDAPPROVING CONDITIONAL USE PERMIT NO. 2011-05562 (DEV2011-00052) (1095 NORTH PULLMAN STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011-05562toremodel an existing Home Depot store and construct anew tower element and façade which exceed 35feet in heightwithin the Scenic Corridor Overlayzone,for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference. WHEREAS, this property is developed with a206,580 square foot home improvement storelocated in the C-G(SC)(General Commercial; Scenic Corridor Overlay) zoneandthe Anaheim General Plan designates thisproperty for General Commercialland uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of AnaheimonJune 20,2011, at 5:00 p.m., notice of said public hearing having been duly given as required by lawand in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.The request to construct anew tower element and façade which exceed 35feetin height within the Scenic Corridor Overlayzoneis properly one for which a conditional use permit is authorized under Code Section No. 18.18.090.020.0201(Building and Structural Height Limitations)of the Anaheim Municipal Code. 2.Theproposed remodel project will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the property is located in a depressed area several feet below the adjacent Riverside (SR-91) Freeway to the south and Weir Canyon Road to the east. As a result, the slight increase in building height would not have an adverse effect on scenic vistas in the area. 3.The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheimbecauseapproximately 13% of the building façade would exceed 35-feet; therefore, the proposed addition would occupy a small percentage of the overall building length and would be in scale with the mass and size of the building façade. -1-PC2011-*** 4.The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areabecausethe remodel project will not result in a net increase in retail floor area and any potential traffic increase would be negligible. 5.Thegranting of the conditional use permit under the conditions imposed will not bedetrimental to the health and safety of the citizens of the City of Anaheim as the existing land use will continue to becompatible with the surrounding areaand isnot a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exemptfrom 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. 2011-05562subject 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 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 this Conditional Use Permitis approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment 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 this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 20, 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 heldonJune 20, 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 20day of June2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** EXHIBIT“B” CONDITIONAL USE PERMIT NO. 2011-05562 (DEV2011-00052) REVIEW SIGNED BY OFF BY NO.CONDITIONS OF APPROVAL GENERAL 1The appropriate building permits shall be obtained Planning from the City of Anaheim for the proposed building improvements. 2The subject property shall be developed substantially Planning in accordance with plans submitted to the City of Anaheim by the applicantand which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan)and 2 (Elevations) as conditioned herein. -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 ûèèûùôï÷îèîí ó óéûúù íêûîõ÷ùíçîèã óîøçéèêóûð ê÷õóéè÷ê ùÍÏÏ×ÊÙÓÛÐ óÎØÇÉÈÊÓÛÐ ùõéûúù æûùûîè éÍÇÈÔûÎÛÔ×ÓÏúÐÆØûÊ×Û óéûúù ê×Ø×Æ×ÐÍÌÏ×ÎÈûÊ×Û óîøçéèêóûð ùõéûúù óéûúù óéûúù æûùûîè óîøçéèêóûð óîøçéèêóûð óéûúù óîøçéèêóûð óéûúù æûùûîè óéûúù ø÷æ ùõéûúù óîøçéèêóûð éçúéèûèóíî ùõéûúù éçúéèûèóíî ùõìèïç ê÷èûóð ùõéûúù éçúéèûèóíî óìèïç éèíî÷ù÷îè÷ê û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ÛÎØ éÍÇÈÔùÐÛÇØÓÎÛåÛÃ ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ÛÎØ éÍÇÈÔùÐÛÇØÓÎÛåÛÃ [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 AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05555 (DEV2011-00026) (1729, 1731 AND 1733 SOUTH CLAUDINA WAY) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011-05555to permit a personal fitness studio within an existing industrial complexfor certain real property in the City of Anaheim, County of Orange, State of California shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, this 2.16-acre property is developed with an industrialcomplex. The property is located in the (I)Industrial zone and the Anaheim General Plan designates the property for Industrialland uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onJune 20,2011at 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 to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearingwith respect to the requestto permit a personal fitness studio should be approved for the following reasons: 1.The proposed conditional use permit requestto permit a personal fitness studio within an existing industrial building is properly one for which a conditional use permit is authorized under Code Section No. 18.10.030.0402 (Fitness Center)of the Anaheim Municipal Code. 2.The proposed the conditional use permit to permit apersonal fitness studio within an existing industrial building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded byandintegrated with similar buildingsandindustrial uses; and,the physical fitness studio would be located within an existing industrial buildingwithno adverse affects to adjoining land uses. -1-PC2011-*** 3.The size and shape of the site for the use is adequate to allow the full development of the physical fitness studio in a manner not detrimental to the particular area or to the health and safetybecause thefacilitywould be located within an existingindustrial building. 4.The traffic generated by the physical fitness studio will not 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 will not exceed the anticipated volumes of trafficon the surrounding streetsand there is adequate parking on-site to accommodate the use. 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 as the proposed land use will continue to be integrated with the surrounding industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities)as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approveConditional Use Permit No. 2011-05555and 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 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 this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment 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. -2-PC2011-*** 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 findingsas 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 ofJune 20, 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 heldonJune 20, 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 20day ofJune, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05555 (DEV2011-00026) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY GENERAL CONDITIONS 1This facility shall be used for aphysical fitness studio only.Planning 2The hours of operation for the physical fitness studio shall be Code consistent with the letter of operation on file with the City of Enforcement Anaheim Planning Department. Any change in the hours of operation shall be subject to review and approval by Planning staff to determine substantial conformance with the letter of operation and compatibility with the surrounding uses. No required parking area shall be fenced or otherwise 3Code enclosed for outdoor storage. Enforcement 4No outdoor activities involving gathering of persons shall be Code permitted on-site.Enforcement 5The 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 onany adjacent area under the control of the licensee shall be removed or painted over within two business days of being applied. 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 as conditioned herein. -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 ûèèûùôï÷îèîí ó óéûúù íêûîõ÷ùíçîèã óîøçéèêóûð ê÷õóéè÷ê ùÍÏÏ×ÊÙÓÛÐ óÎØÇÉÈÊÓÛÐ ùõéûúù æûùûîè éÍÇÈÔûÎÛÔ×ÓÏúÐÆØûÊ×Û óéûúù ê×Ø×Æ×ÐÍÌÏ×ÎÈûÊ×Û óîøçéèêóûð ùõéûúù óéûúù óéûúù æûùûîè óîøçéèêóûð óîøçéèêóûð óéûúù óîøçéèêóûð óéûúù æûùûîè óéûúù ø÷æ ùõéûúù óîøçéèêóûð éçúéèûèóíî ùõéûúù éçúéèûèóíî ùõìèïç ê÷èûóð ùõéûúù éçúéèûèóíî óìèïç éèíî÷ù÷îè÷ê û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ éÍÇÈÔùÐÛÇØÓÎÛåÛÃ ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ éÍÇÈÔùÐÛÇØÓÎÛåÛÃ [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 AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05556 (DEV2011-00030) (1759SOUTH CLAUDINA WAY) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011-05556to expand an existing restaurantwithin an existingindustrial complexfor certain real property in the City of Anaheim, County of Orange, State of California shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, this 2.16-acre property is developed with an industrialcomplex. The property is located in the IIndustrial zone and the Anaheim General Plan designates the property for Industrialland uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onJune 20,2011at 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 to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearingwith respect to the requestto expand an existing restaurantshould be approved for the following reasons: 1.The proposed conditional use permit requestto expand an existing restaurant within an existing industrial building is properly one for which a conditional use permit is authorized under Code Section Nos.18.10.030.040.0402(Restaurants –General, Semi- Enclosed)of the Anaheim Municipal Code. 2.The proposed conditional use permit to expand an existing restaurantwithin an existing industrial building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by andintegrated with similar buildingsandindustrial uses;and,the restaurantwould be located within an existing industrial buildingwithno adverse affects to adjoining land uses. -1-PC2011-*** 3.The size and shape of the site for the use is adequate to allow the full development of the restaurantin a manner not detrimental to the particular area or to the health and safety because thefacilitywould be located within an existingindustrial building. 4.The traffic generated by the restaurantwill not 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 will not exceed the anticipated volumes of trafficon the surrounding streets and there is adequate parking on-site to accommodate the use. 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 as the proposed land use will continue to be integrated with the surrounding industrial area andwould not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities)as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approveConditional Use Permit No. 2011-05556and 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 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 this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment 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. -2-PC2011-*** 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 ofJune 20, 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 heldonJune 20, 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 20day ofJune, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05556 (DEV2011-00030) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY PRIOR TO ISSUANCE OFA BUILDING PERMIT 1Thatallbackflow equipment shall belocatedabovegroundPublic outside of the street setback area in a manner fully screened Utilities, from all public streets.Said information shallbe specifically Water shownonplansfor approval by Water EngineeringandCross Engineering Connection Control Inspector before submittal forBuilding Permits. 2The property owner shall submit a letter to the Planning Planning Department requesting the termination of Variance No. 2435.Department GENERAL CONDITIONS 3The hours of operation for the restaurantshall be consistent Code with the letter of operation on file with the City of Anaheim Enforcement Planning Department. Any change in the hours of operation shall be subject to review and approval by Planning staff to determine substantial conformance with the letter of operation and compatibility with the surrounding uses. No required parking area shall be fenced or otherwise 4Code enclosed for outdoor storage. Enforcement 5At all times when the premise is open forbusiness, thePolice premise shall be maintained as abona fide restaurant and Department shall provide a menucontaining an assortment of foods normallyoffered in such restaurant. 6The gross sales of alcoholic beverages shall notexceed 40 Police percent of the gross sales of all retail sales during any three Department (3) month period. Theapplicant shall maintain records on a quarterlybasis indicating the separate amounts of sales of alcoholic beverages and other items. Theserecords shall be made available for inspection byany City of Anaheim official when requested. 7There shall be no exterior advertising of any kind or type, Police including advertising directed to the exterior from within, Department promoting or indicating the availability of alcoholic beverages. 8Thatsubject alcoholic beverage license shall notbe Police exchanged for a public premise (bar) type license nor shall Department the establishment be operatedas a public premise as defined -5-PC2011-*** in Section 23039of the Business and Professions Code. 9There shall be no admission fee, cover charge,nor minimum Police purchase required.Department 10Parking lots, driveways, circulation areas, aisles,Police passageways, recesses and grounds contiguous to buildings, Department shall be provided with enoughlighting to illuminate and make clearly visible thepresence of any person on or about the premisesduring the hours of darkness and provide a safe, secure environment for all persons, property,and vehicles onsite. 11There shall be no entertainment, amplified music or dancing Police permitted on the premise at any time unless the proper Department permits have been obtainedfrom the City of Anaheim. 12Security measures shall be provided to thesatisfaction of the Police Anaheim Police Department to deter unlawful conduct of Department employees andpatrons, promote the safe and orderly assemblyand movement of persons and vehicles, and to prevent disturbances to the neighborhood byexcessive noise created by patrons entering orleaving the premises. 13The business shall not employ or permit anypersons to Police solicit or encourage others, directly or indirectly, to buy them Department drinks in the licensedpremises under any commission, percentage,salary, or other profit-sharingplan, scheme or conspiracy. (Section 24200.5 Alcoholic BeverageControl Act) 14The placement of physical barriers capable of stopping a Police moving vehicle (low concrete wall, concrete planters, steel Department bollards, etc.) shall be provided aroundthe proposed outdoor dining patio areato the satisfaction of the Police Department. 15The 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 onany adjacent area under the control of the licensee shall be removed or painted over within two business days of being applied. 16Theproperty 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 (Plans), and as conditioned herein. -6-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì Ó¿§ ïîô îðïï Í½±¬¬ Õ»±¸³ Ý·¬§ Ø¿´´ Ð´¿²²·²¹ Ü»°¿®¬³»²¬ îðð Í±«¬¸ ß²¿¸»·³ Þ´ª¼ò ß²¿¸»·³ô Ý¿ çîèðë Î»æ ÜÛÊ îðïïóððíð øÝËÐ îðïïóðëëê÷ ïéíïñïéíí Íò Ý´¿«¼·²¿ É¿§ ó Ì¸®±©¾¿½µ Í°±®¬ Þ¿® Ð¿®µ·²¹ É¿·ª»® Ü»¿® Ó®ò Õ»±¸³æ ×¬ · ±«® ±°·²·±² ¬¸¿¬ ¬¸» °¿®µ·²¹ ©¿·ª»® ®»¯«»¬ º±® ¬¸» ¿¾±ª» ®»º»®»²½»¼ ¾«·²»» ©·´´ ²±¬ ¸¿ª» ¿ ²»¹¿¬·ª» ·³°¿½¬ «°±² ¬¸» ¾«·²» °¿®µ ¿ ¿ ©¸±´» ±® ±«® ²»·¹¸¾±®·²¹ °®·ª¿¬» °®±°»®¬§ ²±® ¬¸» «®®±«²¼·²¹ °«¾´·½ ®±¿¼ ±® ¬®¿ºº·½ ·² ¬¸» ¿®»¿ò ß §±« ³¿§ ®»½¿´´ô ±«® °®±°±»¼ Í°±®¬ Þ¿® · ®»°´¿½·²¹ Ì©»»¼ Ð«¾ô ¿ ¾«·²» ¬¸¿¬ ¸¿ ±°»®¿¬»¼ «½½»º«´´§ ·² ¬¸· ´±½¿¬·±² º±® ±ª»® ¬¸®»» ¼»½¿¼»ò É» ¸¿ª» »»² ·²½» ±°»²·²¹ ¬¸¿¬ ¬¸» ¿ª»®¿¹» ½«¬±³»® °»® ½¿® · ·¹²·º·½¿²¬´§ ¹®»¿¬»® ©¸»² °¿¬®±² ¿®» ½±³·²¹ ·² º±® ´«²½¸ ±® ¼·²²»® ¬¸¿² ©¸»² ¬¸»§ ¿®» ¬±°°·²¹ ·² º±® ¿ ¾»»®ò ×¬ · ±«® ¾«·²» °´¿² ¬± ¹¿·² ³±®» º¿³·´·» ¿²¼ ´¿®¹»® ¹®±«° ¬¸¿¬ ª··¬ ©·¬¸ îóì °»±°´» °»® ½¿® ®¿¬¸»® ¬¸¿² ¬¸» ±º¬»² ·²¹´» ½¿® ¼®·ª»® ¬¸¿¬ §±« »» ¿¬ º¿½·´·¬·» «½¸ ¿ Ì©»»¼ Ð«¾ò É·¬¸ ¬¸» ¿¼¼·¬·±² ±º ³·²±® ¬± ±«® º¿³·´§ ½«¬±³»® ¾¿» ©» ©·´´ ¿´± ¾» º·´´·²¹ »¿¬ ©·¬¸ °¿¬®±² ·² ³¿²§ ½¿» ¬±± §±«²¹ ¬± ¼®·ª»ò ß ¿ °±®¬ ¬¸»³»¼ ®»¬¿«®¿²¬ô ±«® ¾«·»¬ ¸±«® ©·´´ ½±²¬·²«» ¬± ¾» ©¸»² ´±½¿´ ¿®»¿ °±®¬ ¬»¿³ ¿®» ·² ¿½¬·±²ò Ü± ¬± ¬¸» º¿½¬ ¬¸»®» · ²± ®»¬¿·´ ±® ¿º¬»® ë ¾«·²»» ·² ¬¸» ¿®»¿ô ¬¸»®» ¿®» ²± ½±³°»¬·²¹ °¿®µ·²¹ ½±²½»®² ¿º¬»® ë°³ò Ì¸»®» ¿®» ½«®®»²¬´§ º±«® ·²¬»®²»¬ ±® »®ª·½» ¾¿»¼ ¾«·²»»ô ©·¬¸·² ¬¸» ¾«·²» °¿®µô ¬¸¿¬ ®»½»·ª» ´·¬¬´» ±® ²± ½«¬±³»® ±® ¼®·ª» «° ¬®¿ºº·½ ±² ³±¬ ©»»µ¼¿§ ¿²¼ ¿¾±´«¬»´§ ²± ¬®¿ºº·½ ±² ©»»µ»²¼ô ¿ ¬¸»§ ¿®» ½´±»¼ º±® ¾«·²»ò Ý«®®»²¬´§ Ì¸®±©¾¿½µ Í°±®¬ Þ¿® ú Ù®·´´ ±°»®¿¬» ¿ º®»» ¸«¬¬´» ©¸·½¸ »²½±«®¿¹» °¿¬®±² ¬± °¿®µ ¿²¼ ®·¼» ¬± ¬¸» ¹¿³» ¿²¼ ¬¸»®» ¸¿ ¾»»² ²± °¿®µ·²¹ ·²º´«»²½» ±² ¬¸» °®±°»®¬§ ¿ ¿ ©¸±´» ±® «®®±«²¼·²¹ ¿®»¿ ¿ ¹¿³» ¿®» ¿´©¿§ ±°°±·¬» ¬¸» °»¿µ ¬·³» ±º ²»·¹¸¾±®·²¹ ¾«·²»»ò ×¬ · ¬¸» ·²¬»²¬ ±º ±©²»®¸·° ¬¸¿¬ ¸«¬¬´» ©±«´¼ ²±¬ ¾» ®»¯«·®»¼ ¿ ¿ ³¿®µ»¬·²¹ ²·½¸» ©·¬¸ »¨°¿²¼»¼ ½´·»²¬»´» ¾¿»ò ×² ¿¼¼·¬·±² ¬± ¬¸» ½¸¿²¹» ±º »®ª·½» ½±²½»°¬ ¿²¼ ½´·»²¬»´»ô ©» ¿´± ©·´´ ½±²¬·²«» ¬± ¾» ¿·¼»¼ ¾§ ©±®µ·²¹ ±°°±·¬» °»¿µ ¸±«® ¬± ±«® ²»·¹¸¾±®·²¹ ¾«·²» °¿®µ ¬»²¿²¬ ©¸± ±°»®¿¬» ±² ¿ ²±®³¿´ ÓóÚóèóë ½¸»¼«´»ò Ñ«® ®»¯«»¬»¼ ¸±«® ±º ïï¿³óï¿³ ©·´´ ¿´´±© º±® ¿ ´«²½¸ ¾«·²» ¸±©»ª»® ±«® °»¿µ ¸±«® ©·´´ ½±²¬·²«» ¬± ®»³¿·² ë°³óïð°³ò Ì¸®±©¾¿½µ ©·´´ ¾» ±ºº»®·²¹ ¿ ½±³°´»¬» ³»²« º®±³ ïï¿³óïð°³ ø±® ´¿¬»® ¼»°»²¼·²¹ ±² ¹¿³»÷ ¿²¼ ¿ ´¿¬» ²·¹¸¬ ´·³·¬»¼ ³»²« º®±³ ïð°³ó½´±»ò Ì¸» °®±°±»¼ ¹§³ «» º±® «²·¬ ïéíï ú ïéíí ©·´´ ¾» «»¼ ¿ ¿ °»½·¿´·¦»¼ °»®±²¿´ ¬®¿·²·²¹ º¿½·´·¬§ º±½«·²¹ ±² °®·ª¿¬» ¿²¼ ³¿´´ ¹®±«° ¬®¿·²·²¹ò Ô·µ» ¬¸» °®±°±»¼ »¨°¿²·±² ±º ¬¸» ®»¬¿«®¿²¬ ¬¸» ¬®¿·²·²¹ º¿½·´·¬§ ©·´´ ±°»®¿¬» ·² °®·³¿®·´§ ±ºº °»¿µ ¸±«® ©·¬¸ ¾«·»¬ ¬·³» ¬± ¾» ë¿³óè¿³ ¿²¼ ê°³óïð°³ò Ì¸· º¿½·´·¬§ · ¿ ®»´±½¿¬·±²ñ®»¾®¿²¼·²¹ ±º ¿ ½«®®»²¬ ¾«·²» ¿²¼ ¬¸» ½«®®»²¬ ½´·»²¬»´» ¸¿ ¿ ¬®¿½µ ®»½±®¼ ±º «¬·´·¦·²¹ ¬¸» ¾»º±®» ¿²¼ ¿º¬»® ©±®µ ¬·³»ò Í·²½»®»´§ô Ì®¿½§ Û´´· ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò ê 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 ûÎÛÔ×ÓÏìÐÛÂÛ ê×Ø×Æ×ÐÍÌÏ×ÎÈûÊ×Û êé å÷éèïíîè ÷ð÷ï÷îèûêã éùôííð ùõ ûîûô÷óïìðûâû éôíììóîõù÷îè÷ê êé ê÷ðóõóíçéçé÷ ùõ ø÷æ ûîûô÷óïìðûâû éôíììóîõù÷îè÷ê êï ìóî÷èê÷÷ ûìèé øç êï åóðéôóê÷ùê÷éè ûìèé øç ùõ íööóù÷é û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ îÍÊÈÔ÷ÇÙÐÓØéÈÊ××È ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ îÍÊÈÔ÷ÇÙÐÓØéÈÊ××È [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION ANDAPPROVING PUBLIC CONVENIENCE OR NECESSITYNO. 2011-00077 FOR A TYPE 21,OFF-SALE OF ALCHOLIC BEVERAGE GENERAL ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2011-00041) (440 NORTH EUCLID STREET) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that the 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 the sales of alcoholic beverages for off-site consumption in conjunction with a grocery store 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 onJune 20, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by lawand in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itselfand 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 C-G(General Commercial) zone permits the sales of alcoholic beverages for off-site consumption in conjunction with aretail store over 15,000 square feet, pursuant to Sections18.08.030 (Primary Uses, Commercial Zones),of the Anaheim Municipal Code. The proposed sales of alcoholic beverages for off-site consumption will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because it isaccessory toastore and has commercialuses surroundingthe property. -1-PC2011-*** 2.That California state law requires a Determination of Public Convenience or Necessity when property is located in a reporting district with a high crime area,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 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 issuance of a license. 3.That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and said recommendations shall take the form of conditions of approval to be imposed on the determination in order toensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 4.That subject property is located within Census Tract 872.00with a population that allowsfive off-premises sales licenses and there are currently two off-premises sales license in the tract. The existing Type 20 ABC license would be upgraded to a Type 21 license so the number will not change..Police Department staff indicates that this site is located within Police Reporting District 1622 which has a crime rate that is 360% above the citywide average. Although the area has an above-average crime rate, the Police Department does not feel that the upgrade of the license will be a detriment to the surrounding neighborhood. 5.That the traffic generated by the retail store with off-premises alcoholic sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6.That the Determination of Public Convenience or Necessity can be made based on the finding that the upgraded license requested is consistent with the Planning Commission’s previous approvals for such determinationsand further that granting the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcoholic beverages is ancillary to the store and would serve as an added convenience to residents and visitors to the areawho choose to shop at this establishment. The Police Department indicates no specific concerns related to off-premises alcoholic beverage sales and operation of this business, subject to the original conditions of approvalcontained in PC Resolution No. 2008-056that were approved for the off- sale of beer and wine. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for off-premises consumption at this location subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health,safety and general welfare of the Citizens of the City of Anaheim. -2-PC2011-*** BE IT FURTHER RESOLVED this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption ofthis Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the findings hereinabove set forth. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days ofthe issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the Determination of Public Convenience or Necessity No. 2011-00077subject 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofJune 20, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** 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 heldonJune 20, 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 20day of June 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** -5-PC2011-*** EXHIBIT “B” PUBLIC CONVENIENCE OR NECESSITY NO. 2011-00077 (DEV2011-00041) REVIEW SIGNED BYOFF BY NO.CONDITIONS OF APPROVAL GENERAL 1There shall be no exterior advertising or sign of any kind Police or type, including advertising directed to the exterior Department from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. No display of alcoholic shall be located outside of a 2 Police building or within five (5) feet of any public entrance to Department the building. The area of alcoholic displays shall not exceed 25% of 3 Police the total display area in a building. Department Sale of alcoholic shall be made to customers only when 4 Police the customer is in the building. Department The sale of beer or malt beverages in quantities of quarts, 5 Police 22 oz., 32 oz., 40 oz., or similar size containers is Department prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. The possession of alcoholic beverages in open containers 6 Police and the consumption of alcoholic beverages are Department prohibited on or around these premises. Wine shall not be sold in bottles or containers smaller 7 Police than 750 ml. and wine-coolers must be sold in Department manufacturer pre-packed multi-unit quantities. Any graffiti painted or marked upon the premises or on 8 Police any adjacent area under the control of the licensee shall Department be removed or painted over within 24 hours of being applied. There shall be no amusement machines, video game 9 Police devices, or pool tables maintained upon the premises at Department any time. The parking lot of the premises shall be equipped with 10 Police lighting of sufficient power to illuminate and make easily Department discernible the appearance and conduct of all person on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. -6-PC2011-*** There shall be no public telephone on the property that 11 Police are located outside the building and within the control of Department the applicant. The applicant shall be responsible for maintaining free of 12 Police litter the area adjacent to the premises over which they Department have control, as depicted on the site plan. 13The subject property shall be developed substantially in Planning accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 (Floor Plans) and as conditioned herein. -7-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì èêêòðî ßÜÛÔß×ÜÛ ÐÎ×ÝÛ ÛÔÛÓÛÒÌßÎÇ ÍÝØÑÑÔ ÐÝÒ Ð®±¨·³·¬§ Ó¿° º±® èêéòðî ììð Ò Û«½´·¼ Í¬ ÿ ø ì ÉÛÍÌÓÑÒÌ ÛÔÛÓò ÍÝØÑÑÔ Ð®±°±»¼ Í·¬» ììð Ò ÛËÝÔ×Ü ÍÌ èéîòðð Ð ÿ ø ï ·²½¸ ã ëðð º»»¬ ðîëðëððéëðïîë Ú»»¬ èéïòðî ÔÛÙÛÒÜ øï÷ Ñ²óÍ¿´» Ô·½»²» ÿ ø øï÷ ÑººóÍ¿´» Ô·½»²» ÿ ø Ï«¿®¬»® Ó·´» Þ«ºº»® Ý¸«®½¸» Ô×ÒÝÑÔÒ ßÊÛ èéïòðë Ð¿®µ Í½¸±±´ èéïòðí Ý·¬§ Þ±«²¼¿®§ Ý»²« Ì®¿½¬ ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò ê ßÌÌßÝØÓÛÒÌ ÒÑò é ßÌÌßÝØÓÛÒÌ ÒÑò ï ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 18.04.100 OF CHAPTER 18.04 AND SUBSECTION .020OF SECTION 18.42.030 OF CHAPTER 18.42 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. (ZONING CODE AMENDMENT NO. 2011-00100) (DEV2011-00028) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That subsection .010 of Section 18.04.100of Chapter 18.04of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows “ .010 Setbacks for Single-Family Residential Zones. .0101The minimum setbacks for single-family residential zones are shown in Table 4- I. These setbacks apply in addition to the setback and yard requirements of Sections18.40.040 (Structural Setbacks and Yards) and 18.40.050 (Special Area Setbacks) of Chapter 18.40 (General Development Standards).Encroachments into setback areas are contained in subsection .040 below. .0102Unless otherwise provided in this title, setbacks shall be measured from the ultimate right-of-way, recorded access easement, or recorded riding and hiking trails. .0103 In addition to the provisions of Table 4-I, a tilt-up garage door shall be set back a minimum of twenty-five (25) feet from the ultimate right-of-way line of the street used for access, and a roll-up garage door shall be set back a minimum of twenty (20) feet from the ultimate right-of-way line of the street used for access. .0104 Notwithstanding any other provision, any structure used for human habitation shall maintain a setback of not less than ten (10) feet from any riding and hiking trail easement of record. .0105 Notwithstanding any other provision, any enclosed detached accessory structure in excess of 120 square feet intended for habitation having finished interior, insulated ceiling and/or wall, ability to be temperature controlled, such as a guest room, recreation room, workshop, office etc. shall conform to setback requirements for the primary residence. Table 4-I MINIMUM SETBACKS: SINGLE-FAMILY RESIDENTIAL ZONES* ZoneMinimum Setbacks Residential Single-Family Hillside RH-1 Front20 feet SideSame as Front15 feet RearSame as Front RH-2 Front25 feet In orderto encourage varied setbacks where a tract or a minimum of one block (one side of the street) is to be developed concurrently; the setback shall be an average of 25 feet, with the minimum setback of 15 feet. Side15 feet10feet(properties with legal-non conforming side-yard setbacks less than 10 feet may be expanded while maintaining such legal non-conforming setback) All dwellings shall maintain a minimum setback of 10 feet from any private access easement of record located in the side yard. Rear25% of the depth of the lot, but need not exceed 25 feet All dwellings shall maintain a minimum setback of 10 feet from any private access easement of record located in the rear yard. RH-3 Front20 feet -2- Side6 feet for a one-story building or first floor of a two-story building, and 9 feet for any second story.6feetfor a one-story structure; two- story structures must have a combined side yard of not less than 15 feet; however, neither side shall be less than 6 feet. All dwellings shall maintain a minimum setback of 10 feet from any private access easement of record located in the side yard. The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear15 feet; all dwellings shall maintain a minimum setback of 10 feet from any private access easement of record located in the rear yard. Residential Single-Family RS-1 Front30 feet or 25% of the depth of the lot, whichever is less Side10% of the width of the lot,except that the side setback shall not be less than 5 feet and need not exceed 10 feet. The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear25 feet or 25% of the depth of the lot, whichever is less RS-2 Front25 feet or 25% of the depth of the lot, whichever is less Side5 feet The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear25 feet, except that the depth may be reduced to 10 feet, provided that dwellings or accessory structures shall not occupy more than 35% of the required rear setback. RS-3 Front15 feet In order to encourage varied setbacks where a tract or a minimum of one block (one side of the street) is to be developed concurrently, the setback shall be an average of 15 feet with the minimum setback of 10 feet. -3- Side5 feet from structures to the property line or for development of an entire tract, zero feet on one side and 10 feet on the otherside, provided a minimum of 10 feet is maintained between structures on adjacent lots (the latter requirement provides for zero side yards). The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear15 feet RS-4 Front10 feet In order to achieve good design, the setback may be an average minimum of 10 feet, with the minimum setback of 5 feet. Setback provisions may be modified pursuant to18.04.160. Side5 feet from structures to the property line or zero feet on one side, and 10 feet on the other side, provided a minimum of 10 feet is maintained between structures on adjacent lots (the latter requirement provides for zero side yards). The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Setback provisions may be modified pursuant to18.04.160. Rear10 feet for single-story structures; 15 feet for two-story structures. Setback provisions may be modified pursuant to18.04.160. Airspace (Vertical) Subdivision.For three (3) dimensional airspace subdivisions, the minimum setback between facing walls of two dwelling units shall be the combined total of the required setbacks for each building wall. SECTION 2. That subsection .020 of Section 18.42.030of Chapter 18.42of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020Dwellings–Multiple Family. .0201The minimum required number of off-street parking spaces for Multiple-Family Dwellings shall be based on the total number of bedrooms as follows: -4- Total Number of Minimum Number of Parking Spaces Bedroomsper Unit Studio unit1.25 1 bedroom2.0 2 bedrooms2.25 3 or more bedrooms3.0 (plus 0.5 space foreach bedroom over 3 bedrooms) .0202Guest Parking.Of the number of required parking spaces, one-quarter (0.25) space per dwelling unit shall be reserved and clearly marked for guest parking only and shall be readily accessible to motorists from contiguous streets and/or vehicle accessways. .0203Required parking spaces for residents and tenants in Multiple-Family Residential projects shall be readily accessible and no fee shall be assessed for their use. .0204Assigned Parking Spaces.Of the parking spaces required for Multiple-Family Residential projects under paragraph .0201 above, each dwelling unit in such project may be assigned not more than one (1) covered or uncovered parking space for provided thatany2- bedroom or larger dwellingunitin such project may be assigned not more than two (2) parking spaces in a private garage that is attached to, and directly accessible from, the dwelling unit served. All other required parking spaces, including guest spaces, shall be unassigned and readily accessible to residents and visitors. .02045Any assigned spaces shall be located within one hundred (100) feet of, and be readily accessible to, the dwelling unit served.Unassigned spaces provided to satisfy parking requirements for a dwelling unit shall be located within two hundred (200) feet of the unit served. .02065Tandem Parking Spaces Prohibited.None of the parking spaces required for Multiple-Family Residential projects under paragraph .0201 above, shall be tandem. .02076Parkingareas shall be screened by means of landscaping or architectural devices from adjacent public and private streets and properties, and from living or recreational-leisure areas, to a height of twenty-four (24) inches, with the exception of line-of-sight requirements, as shown on the applicable Engineering Standard Details pertaining to commercial driveway approaches. .02087Any interior walls of covered parking areas shall be finished with exterior finish material.Adequate bumper guards shall be provided to protect any interior walls from damage. .02098Garages or carports may be installed in areas previously designated for open surface, resident parking subject to the following provisions; -5- .01Garagesor carportsmay encroach into required building and landscape setback areas subject to the review and approval by the Planning Director. Any decision by the Planning Director may be appealed to the Planning Commission as provided in Chapter 18.60 (Procedures); ,02Any installed garage doors must be roll-uptype doors. .03Garages may not be used for storage and must be used for parking of operable vehicles only. In addition, the property owner or property manager is responsible for assuring compliance with this provision. .04Exterior garage walls,where visible from any public or private property, shall be finished withcolors and materials consistent with the exterior colors and materials of existing buildings on the site. Elevation plans must bereviewedand approved by the Planning Director; .05The total number of required parking spaces provided on the site is not decreased by the construction of the garages.Replacement parking spaces may be provided elsewhere on the project site. .06Garage spacesmust be assigned to specific apartment units. .07Garage or carport spaces proposed to be constructed for existing apartments need not be within 100 feet of the unit to which it is assigned." SECTION 3.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 4.SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. 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 -6- 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 -7- 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 Ð®±°±»¼ Ü»ª»´±°³»²¬ ¿²¼ Ó¿²¿¹»³»²¬ Í¬¿²¼¿®¼ º±® Û³»®¹»²½§ Í¸»´¬»® An Emergency Shelter will be required to comply with these standards: Ó¿¨·³«³ Ñ½½«°¿²½§ò 50 occupants in a single or in a combination of multiple shelters with a combined capacity not to exceed 50 occupants. Religious institutions located within the Industrial Zone may establish on site Shelters for up to 50 occupants without further CUP consideration, regardless of current combined capacity of any Shelters Any other Shelter, either larger or those that when combined with other shelters exceed 50 occupants, will require a CUP. Í¬¿§ ¿¬ ¬¸» º¿½·´·¬§ ¸¿´´ ¾» ±² ¿ º·®¬ó½±³» º·®¬ó»®ª»¼ ¾¿·ò Clients may be on-site and admitted to the facility only between 6:00 pm and 8:00 am. The facility shall be required to be open 24 hours a day. Clients have no guaranteed bed for the next night. Maximum length of stay. The maximum length of stay at the facility shall not exceed 180 days in a 365 day period. Ô±½¿¬·±² ®»¯«·®»³»²¬æ Í»°¿®¿¬·±² ±º «» . A minimum distance of 300 feet, measured from the property line, shall be maintained from any other Emergency Shelter. A minimum distance of 1000 feet, measured from the property line, shall be maintained from any: Property designated for residential use in the General Plan, including mixed-use designations that permit residential uses. Public or private school, day-care center, or assisted-living facility. Î»¯«·®»¼ Ð¿®µ·²¹ Í°¿½»ò 1 space per employee and volunteer staff member plus 1 space for every 4 beds or 0.5 spaces per bedroom designated for family units with children. Bicycle parking and a bicycle rack shall be provided by the facility. Í·¬» ¿²¼ Ú¿½·´·¬§ ®»¯«·®»³»²¬ò Outdoor storage. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall and mature landscaping or a decorative masonry wall. Planning Commission Attachment 6/20/2011- 1 - Ð®±°±»¼ Ü»ª»´±°³»²¬ ¿²¼ Ó¿²¿¹»³»²¬ Í¬¿²¼¿®¼ º±® Û³»®¹»²½§ Í¸»´¬»® Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor area of the site. Waiting area. A waiting area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6-foot tall screening of mature landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide consideration of shade and protection from the elements. Kitchen facilities and dining area: A kitchen facilityfor preparation of meals for clients and staff, including an area for dining, shall be required. Facility improvements. All facility improvements shall comply with Title 15 Buildings and Housing of the Anaheim Municipal Code and shall additionally provide: A minimum of 1 toilet for every 8 beds per gender. A minimum of 1 shower for every 8 beds per gender. Private shower and toilet facility for each area designated for use by individual families. The facility may provide the following services in an area separate from sleeping areas: In-door and out-door recreation facilities. A counseling center for job placement, educational, health care, legal, or mental health services. Laundry facilities to serve the clients at the shelter. Client storage area such asfor the storage of bicycles or personal items. Or similar services geared to homeless clients. Ñ°»®¿¬·±² . Staffing. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Alcohol and narcotics use and consumption will be prohibited both within the facility and on the property. Operations Plan Required to be approved by the Planning Director and Chief of Police, or their designee,prior to the operation of the Emergency Shelter. Must remain active throughout the life of the facility. At a minimum, the Plan shall contain provisions addressing the following: Security and safety. Security and safety shall be addressed for both on and off-site needs, including provisions to address the Planning Commission Attachment 6/20/2011-2- Ð®±°±»¼ Ü»ª»´±°³»²¬ ¿²¼ Ó¿²¿¹»³»²¬ Í¬¿²¼¿®¼ º±® Û³»®¹»²½§ Í¸»´¬»® separation of male/female sleeping areas as well as any family areas within the facility. Loitering control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site. Management for outdoor areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. Staff training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. Client eligibility. A screening program to determine client eligibility is required.The facility shall be required to utilize the Orange County region’s current Homeless Management Information System. Counseling services. Provision of or links to counseling services are encouraged. o Identify and describe the counseling programs to be o providedas well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. o Litter control. Litter and trash removal attributable to the clients within the vicinity of the facility shall be provided. Any other additional specific needs as identified by thePlanning Directoror Police Chief. Planning Commission Attachment 6/20/2011-3- ßÌÌßÝØÓÛÒÌ ÒÑò î ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.10, 18.38,18.42 AND 18.92 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODERELATING TO EMERGENCY SHELTERS. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Table 10-A (Primary Uses: Industrial Zone) in Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. That a new Section 18.38.125 be, and the same is hereby, added to Chapter 18.38 of Title 18 of the Anaheim Municipal Code, to read as follows: ïèòíèòïîë ÛÓÛÎÙÛÒÝÇ ÍØÛÔÌÛÎÍò " An Emergency Shelter shall comply with all of the following provisions: .010Maximum Occupancy. A single Emergency Shelter housing up to 50 occupants, or a combination of multiple shelters with a combined capacity not to exceed 50 occupants, shall be a permitted use on any parcel within the I (Industrial) Zone,excluding those parcels designated for any residential use, including mixed-use residential, by the General Plan. Any other Emergency Shelter in the Industrial Zone shall be subject to approval of a Conditional Use Permit consistent with Chapter 18.66 (Conditional Use Permits). Religious institutions located within the I (Industrial) Zone may establish on site Emergency Shelters for up to 50 occupants without the need to amend an existing conditional use permit or apply for a new conditional use permit, regardless of current combined capacity with any existing Emergency Shelters currently in operation, subject to the minimum development standards contained in this Section. .020Stays at the facility shall be provided on a first-come first-served basis. The facility shall be open 24 hours a day; however, clients shall only be admitted to the facility only between 6:00 p.m.and 8:00 a.m. Clients must check out of the facility by 8:00 a.m.but may remain on the premises to avail themselves of other services offered. Clientsmust check in daily and have no guaranteed bed for the next night. .030Maximum length of stay. A person’s maximum length of stay at the facility shall not exceed 180 days in a 365 day period. .040Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. .050Separation of uses. A minimum distance of 300 feet, measured from the property line, shall be maintained from any other Emergency Shelter. A minimum distance of 1000 feet, measured from the property line, shall be maintained from any property designated for residential use by the Anaheim General Plan,including any mixed-use designation that permits residential uses, any public or private schoolserving a minor population, any day-care center and any assisted-living facility. .060Staffing. A minimum of one (1) staff member per fifteen (15) beds shall be on active duty when the facility is open. .070Bicycle racks or bicycle lockersshall be provided by the facility. .080Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor area of the siteand shall be subject to review and approval by the Planning and Police Departments. .090Waiting area. A client waiting area shall be provided and which containsa minimum of 10square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6-foot tall screening of mature landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide shade and protection from the elements. .100Outdoor storage. Any outdoor storage, including, but not limited to, items brought on- site by clients for overnight stays, shall be screened from public view. Anyoutdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall screened by landscaping or by a minimum 6-foot tall decorative masonry wall. .110Facility improvements. All facility improvements shall comply with Title 15 (Buildings and Housing)of the Anaheim Municipal Code,and shall also comply with the following requirements: .1101A minimum of 1 toilet for every 8 beds per gender. .1102A minimum of 1 shower for every 8 beds per gender. .1103Private shower and toilet facility for each area designated for use by individual families. .1104Kitchen facilitiesand dining hall or designated dining area shall be providedfor the preparation and serving of meals for clients and staff. .120The facility may provide the following services in a designated area separate from sleeping areas: -2- .1201In-door and out-door recreation facilities. .1202A counseling center for job placementand/oreducational, legal, or mental and physical health services. .1203Laundry facilities to serve the clients at the shelter. .1204Client storage areasfor the storage of bicycles or other personal items. .1205Other similar facilities and services geared towardsthe needs of homeless clients. .130Operations Plan. An Operations Plan shall be submittedfor review and approval by the Planning Director and Police Chief, or their designee,prior to the operation of the Emergency Shelter. The Plan may be required to address additional specific needs as identified by the Director or Chief. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Plan shall contain provisions addressing the following: .1301Security and safety. Twenty-four (24) hour a day security shall be provided. Securityand safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility. .1302Loitering control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility. .1303Management for outdoor areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. .1304Staff training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. .1305Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. .1306Client eligibility. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region’s current Homeless Management Information System. .1307Counseling services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. -3- .1308Litter control. Litter and trash removal attributable to the clients within the vicinity of the facilityshall be providedon a continual basis." SECTION 3. That Table 42-A (Non-Residential Parking Requirements) of subsection .020 of Section 18.42.040 of Chapter 18.42 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "B"attached hereto and incorporated herein by this reference. SECTION 4. That Section 18.92.080 of Chapter 18.92of Title 18 of the Anaheim Municipal Code be, and the same is hereby,amended to read as follows: þÛþ ÉÑÎÜÍô ÌÛÎÓÍ ßÒÜ ÐØÎßÍÛÍ "18.92.080. "Easement."A legal right, such as a right-of-way, afforded an individual, business or other organization to make limited use of another's real property. "Educational Institution."A public, parochial, private, charitable or nonprofit institution that provides educational instruction to students over the age of five (5) years. "Emergency Shelter." Has the same meaning as defined and used in Section 50801(e) of the California Health and SafetyCode. "Expressway, Scenic."A road intended to permit a relatively unimpeded traffic flow while allowing for motorists to view scenic features as they drive; “Scenic Expressways” are shown on the Roadway Network map of the General Plan. 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 thatit 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 ofthis 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 -4- by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. 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 83497.v1/MGordon -5- ÛÈØ×Þ×Ì þßþ Ì¿¾´» ïðóß ÐãÐ»®³·¬¬»¼ ¾§ Î·¹¸¬ ÐÎ×ÓßÎÇ ËÍÛÍæ ×ÒÜËÍÌÎ×ßÔ ÝãÝ±²¼·¬·±²¿´ Ë» Ð»®³·¬ Î»¯«·®»¼ ÆÑÒÛ ÒãÐ®±¸·¾·¬»¼ ÌãÌ»´»½±³³«²·½¿¬·±² ß²¬»²²¿ Î»ª·»© Ð»®³·¬ Î»¯«·®»¼ ×Í°»½·¿´ Ð®±ª··±² Î»·¼»²¬·¿´ Ý´¿» ±º Ë» Mobile HomeParksC Ò±²óÎ»·¼»²¬·¿´ Ý´¿» ±º Ë» Agricultural CropsP Alcoholic Beverage Sales–Off-SaleC Alcoholic Beverage Sales–On-SaleC Ambulance ServicesP Animal BoardingC Animal GroomingC Antennas–BroadcastingC Antennas–Telecommunications-TSubject to§§18.38.060 and 18.62.020 Stealth Building-Mounted Antennas–Telecommunications-TSubject to§18.38.060 Stealth Ground-Mounted Antennas–Telecommunications-N Ground-Mounted (Non-Stealth) -6- ÛÈØ×Þ×Ì þßþ Ì¿¾´» ïðóß ÐãÐ»®³·¬¬»¼ ¾§ Î·¹¸¬ ÐÎ×ÓßÎÇ ËÍÛÍæ ×ÒÜËÍÌÎ×ßÔ ÝãÝ±²¼·¬·±²¿´ Ë» Ð»®³·¬ Î»¯«·®»¼ ÆÑÒÛ ÒãÐ®±¸·¾·¬»¼ ÌãÌ»´»½±³³«²·½¿¬·±² ß²¬»²²¿ Î»ª·»© Ð»®³·¬ Î»¯«·®»¼ × Í°»½·¿´ Ð®±ª··±² Automated Teller MachinesP (ATM’s) Automotive–Car Sales & RentalCSubject to§18.38.200 AutomotiveCar Sales, Retail or C Wholesale (Office Use Only) Automotive–Impound YardsCSubject to§18.38.200 Automotive–Public ParkingC Automotive–Parts SalesC Automotive–Repair & C Modification Automotive–Service StationsCSubject to§18.38.070 Automotive–WashingC Bars & NightclubsC BillboardsN Boat & RV SalesCSubject to§18.38.200 Building Material SalesCNot more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to§§ 18.38.190 and 18.38.200 Business & Financial ServicesC -7- ÛÈØ×Þ×Ì þßþ Ì¿¾´» ïðóß ÐãÐ»®³·¬¬»¼ ¾§ Î·¹¸¬ ÐÎ×ÓßÎÇ ËÍÛÍæ ×ÒÜËÍÌÎ×ßÔ ÝãÝ±²¼·¬·±²¿´ Ë» Ð»®³·¬ Î»¯«·®»¼ ÆÑÒÛ ÒãÐ®±¸·¾·¬»¼ Ìã Ì»´»½±³³«²·½¿¬·±² ß²¬»²²¿ Î»ª·»© Ð»®³·¬ Î»¯«·®»¼ × Í°»½·¿´ Ð®±ª··±² Community & Religious AssemblyC Dance & Fitness Studios–LargeC Dance & Fitness Studios–SmallC Day Care CentersC Drive-Through FacilitiesC Educational Institutions–BusinessC Educational Institutions–GeneralC Educational Institutions –TutoringCSubject to §18.36.040.050 Emergency SheltersPSubject to §18.38.125 Equipment Rental–LargeCConditional use permit not required if conducted entirely indoors Equipment Rental–SmallP Helipads & HeliportsC HospitalsC Hotels & MotelsC -8- ÛÈØ×Þ×Ì þßþ Ì¿¾´» ïðóß ÐãÐ»®³·¬¬»¼ ¾§ Î·¹¸¬ ÐÎ×ÓßÎÇ ËÍÛÍæ ×ÒÜËÍÌÎ×ßÔ ÝãÝ±²¼·¬·±²¿´ Ë» Ð»®³·¬ Î»¯«·®»¼ ÆÑÒÛ ÒãÐ®±¸·¾·¬»¼ Ìã Ì»´»½±³³«²·½¿¬·±² ß²¬»²²¿ Î»ª·»© Ð»®³·¬ Î»¯«·®»¼ × Í°»½·¿´ Ð®±ª··±² Industry–LimitedP Industry–GeneralC JunkyardsCSubject to§18.38.200 MortuariesC Offices–DevelopmentP Offices–GeneralCPermitted without conditional use permit only if accessory to an industrial or other primary permitted use Oil ProductionCSubject to§18.38.180 Outdoor Storage YardsCSubject to§18.38.200 Personnel Services–GeneralCLaundromats are subject to§18.38.150 Personnel Services–RestrictedC Plant NurseriesPSubject to§§ 18.38.190 and18.38.200; retail only requires a conditional use permit Public ServicesP Recreation–BilliardsC -9- ÛÈØ×Þ×Ì þßþ Ì¿¾´» ïðóß ÐãÐ»®³·¬¬»¼ ¾§ Î·¹¸¬ ÐÎ×ÓßÎÇ ËÍÛÍæ ×ÒÜËÍÌÎ×ßÔ ÝãÝ±²¼·¬·±²¿´ Ë» Ð»®³·¬ Î»¯«·®»¼ ÆÑÒÛ ÒãÐ®±¸·¾·¬»¼ Ìã Ì»´»½±³³«²·½¿¬·±² ß²¬»²²¿ Î»ª·»© Ð»®³·¬ Î»¯«·®»¼ × Í°»½·¿´ Ð®±ª··±² Recreation–Commercial IndoorCAmusement arcades are allowed only in conjunction with a hotel, motel or bowling alley Recreation–Commercial OutdoorC Recreation–Low-ImpactP Recreation–Swimming & TennisC Recycling FacilitiesCSubject to Chapter 18.48 Repair Services–GeneralP Repair Services–LimitedC Research & DevelopmentP Restaurants–Drive-ThroughCSubject to§18.38.220 Restaurants–GeneralCFast-food and take-out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; subject to§18.38.220 Restaurants–Semi-EnclosedCSubject to§18.38.220 Restaurants–Walk-UpC Retail Sales–Household FurnitureCPermitted by conditional use permit only if the retail sales portion of the business occupies a minimum of 50,000 square feet of building floor area -10- ÛÈØ×Þ×Ì þßþ Ì¿¾´» ïðóß ÐãÐ»®³·¬¬»¼ ¾§ Î·¹¸¬ ÐÎ×ÓßÎÇ ËÍÛÍæ ×ÒÜËÍÌÎ×ßÔ ÝãÝ±²¼·¬·±²¿´ Ë» Ð»®³·¬ Î»¯«·®»¼ ÆÑÒÛ ÒãÐ®±¸·¾·¬»¼ Ìã Ì»´»½±³³«²·½¿¬·±² ß²¬»²²¿ Î»ª·»© Ð»®³·¬ Î»¯«·®»¼ × Í°»½·¿´ Ð®±ª··±² Retail Sales–GeneralCIndustrially-related only Retail Sales–OutdoorCSubject to§§ 18.38.190 and 18.38.200 Self StorageCSubject to City Council Policy No. 7.2 Sex-Oriented BusinessesPSubject to Chapter 18.54 Studios–BroadcastingP Studios–RecordingP Towing ServicesP Transit FacilitiesC Truck Repair & SalesCSubject to§18.38.200 Utilities–MajorC Utilities–MinorP Veterinary ServicesC Warehousing & Storage–EnclosedP WholesalingP -11- ÛÈØ×Þ×Ì þÞþ 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-Sale0 spaces (spaces are required for underlying uses only). Alcoholic Beverage Sales–On-Sale0 spaces (spaces are required for underlying uses only). 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 Grooming4spaces 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 facilities not located on properties Note: No parking spaces are required when located on the exterior developed with other retail or office building wall of an existing businessuse, when located within the uses.)interior of any other type of business establishment, or when free- standing 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. -12- ÛÈØ×Þ×Ì þÞþ 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 & Modification3.5 spaces per 1,000 square feet of GFA, or 5 spaces, whichever is greater. Automotive–Service StationsStand-Alone:2 spaces. In Conjunction with Other Uses:None. 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 forinterior 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. -13- ÛÈØ×Þ×Ì þÞþ 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. Community & Religious Assembly0.333 spacesper fixed seat, or 29 spaces per 1,000 square feet of GFA, whichever 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 demandstudy may be required. Computer Internet & Amusement 0.18 spacesper computer, or 5.5 spaces per 1,000 square feet of FacilitiesGFA, whichever results in a greater number of spaces. Convalescent & Rest Homes0.8 spacesper bed. Convenience Stores5.5 spaces per 1,000 square feet of GFA;ifcombined 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–LargeRequires parking demand study per paragraph18.42.040.010.0107. Dance & Fitness Studios–Small5.5 spaces per 1,000 square feet of GFA. Day Care Centers1 space per employee, plus 1 space per 10 childrenor 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–Business0.82 spacesper student, or 20 spaces per 1,000 square feet of GFA for instruction area, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office area. -14- ÛÈØ×Þ×Ì þÞþ 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–Tutoring4 spaces per 1,000 square feet of GFA. Emergency Shelter1 space per employee and volunteer staff member, plus 1 space for every 4 beds or 0.5 spaces per bedroom designated for family units with children. 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, plus3 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. Golf Courses & Country ClubsGolf Courses:10 spaces per hole, plus 1 space per 35 square feet of building GFA usedfor 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 spacesper bed. HelipadsRequires parking demand study per paragraph18.42.040.010.0107. HospitalsRequires parking demand study per paragraph18.42.040.010.0107. Hotels & Motels0.8 spacesper guest room, plus 8 spaces per 1,000 square feet of GFA for banquet/meeting room, plus 8 spaces per 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 spacesfor each employee working in the guest room areas. -15- ÛÈØ×Þ×Ì þÞþ 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 spacesper 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 feetof GFA for office use. Outdoor Uses:0.4 spacesper 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 to be engaged in the outdoor operation, whichever results in a greater number of spaces. Industry–GeneralIndustrial–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, 4spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities:0.82 spacesper 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 spacesper 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 to be engaged in the outdoor operation, whichever results in the greater number of spaces. 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. -16- ÛÈØ×Þ×Ì þÞþ OfficesOffice-General:4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower;3spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Oil Production2 spaces per well. Outdoor Storage Yards4 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 for first 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. PlantNurseries5.5 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;3spaces 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 per seat or patron, whichever results in a greater number of spaces, plus 0.8 spaces per employee, including performers. -17- ÛÈØ×Þ×Ì þÞþ 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 OutdoorMiniature Golf Course:20 spaces per course, plus 1 per each employee. Other Uses:requires parking demand study per paragraph 18.42.040.010.0107. Recreation–Low-ImpactRequires parking demand study per paragraph 18.42.040.010.0107. Recreation–Swimming & TennisSwimming Facilities:requires parking demand study per paragraph 18.42.040.010.0107. Tennis Courts:5 spaces per court. Recycling Services–ConsumerNone; provided, however, that 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;3spaces per 1,000 square feet of GFA for buildings of more than 3 stories. -18- ÛÈØ×Þ×Ì þÞþ Restaurants–GeneralDrive-In, Drive-Through, Fast-Food:16 spaces 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 into a planned development complex;15spaces 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 into a planned development complex;15spaces 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. 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 spacesper 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. -19- ÛÈØ×Þ×Ì þÞþ Room & Board1 space 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 spacesper 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 Services4 spaces per 1,000 square feet of building GFA, plus spaces for tow trucks. Transit FacilitiesRequires parking demand study per paragraph 18.42.040.010.0107. Truck Repair & 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 square feet per 1,000 square feet of building GFA for parts, sales, storage and repair use. Utilities–MajorRequires parking demand study per paragraph18.42.040.010.0107. Utilities–MinorNone. 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–Enclosed1.55 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%. -20- ÛÈØ×Þ×Ì þÞþ Warehousing & Storage–Outdoors0.4 spaces per 1,000 square feet of outdoor storage area (excluding vehicle 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. -21- 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 CHAPTERS 18.04, 18.06, 18.36 AND 18.92 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODERELATING TO SUPPORTIVE AND TRANSITIONAL HOUSING. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Table 4-A (Primary Uses: Single-Family ResidentialZone) in Section 18.04.030 of Chapter 18.04of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. That Table 6-A (Primary Uses: Multiple-FamilyResidential Zone) in Section 18.06.030 of Chapter 18.06of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as shown in Exhibit "B" attached hereto and incorporated herein by this reference. SECTION 3. That new subsections .070 and .080 be, and the same arehereby, added to Section 18.36.030of Chapter 18.36 of Title 18 of the Anaheim Municipal Code, to read as follows: ".070 Supportive Housing.Has the same meaning as defined and used in Section 50675.14 of the California Health and Safety Code. .080Transitional Housing. Has the same meaning as defined and used in Section 50675.2 of the California Health and Safety Code." SECTION 4. That Section 18.92.220 of Chapter 18.92of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.220 "S" WORDS, TERMS AND PHRASES ". "Schools, Elementary, Junior High and High."An institution of learning which offers instruction in the several branches of learning and study required to be taught in public schools by the California Education Code. -1- "Senior Citizen."A person sixty-two (62) years of age or older; or fifty-five (55) years of age or older in a senior citizen housing development. "Senior Citizens' Apartment Project."An apartment project approved pursuant to the provisions ofChapter 18.50(Senior Citizens' Apartment Projects), with the occupancy of each dwelling unit being limited to at least one (1) resident of each such unit being a senior citizen, with the exception of not more than one (1) dwelling unit thereof, identified as the “resident manager's dwelling unit” in covenants recorded against the property, which unit may be occupied by a resident manager and his or her family, regardless of their ages. "Senior Citizens' Apartment Project –Congregate Care."A senior citizens' apartment project, as the term is defined in this section, which also provides nursing, dietary and other personal services to residents. "Senior Citizens' Dwelling Unit."Each dwelling unit within a senior citizens' apartment project, with the exception of the resident manager's dwelling unit, if any. "Senior Citizen Housing Development."A residential development developed, substantially rehabilitated, or substantially renovated, for senior citizens that has at least thirty-five (35) dwelling units, as defined in California Civil Code Section 51.3. "Senior Second Unit" or "Granny Unit."A Second Unit, as defined in Section18.38.230 (Second Units) ofChapter 18.38(Supplemental Use Regulations), that does not meet the requirements of Section18.38.230(Second Units) for a Second Unit, where the unit is for the sole occupancy of one (1) or two (2) adult persons, both of whom are sixty-two (62) years of age or over. "Service Station."A retail place of business engaged primarily in the sale of motor fuels, and incidentally supplying goods and services required for the operation and maintenance of automotive vehicles. "Setback, Required."The minimum dimension between a structure and the adjacent public right-of-way, such as a street, highway, expressway or freeway; or any adjacent private vehicle accessway easement, excluding private driveways; or any railroad or any riding and hiking trail easement; or any interior property line. "Setback, Street Side."The side area abutting a street on a reverse corner lot, or a reverse building frontage of a normal corner lot, which extends from the rear property line to the front setback line. "Single Housekeeping Unit."A non-transient group of persons jointly occupying a single dwelling unit, including the use of common areas, for the purpose of sharing household activities and responsibilities such as meals, chores and expenses. -2- "Smoking Lounges."A business establishment that is dedicated, in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as cigar lounges, hookah cafes,tobacco clubs or tobacco bars. "Special Event."A special event is any event, promotion or sale sponsored by a business, shopping center or organization which is held outside the confines of a building, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event. "Stable, Private."A structure oraccessory building for the keeping of animals owned by the owners or occupants of the premises, which are not kept for remuneration, hire or sale.A stable may or may not include a corral. "Stable, Public."A stable other than a private stable. "Story."That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling above it; provided that, where maximum building height is specified in this title in terms of maximum number of stories, the maximum height shall not exceed twenty-five (25) feet for any one (1)-story building, thirty (30) feet for any two (2)-story building, thirty-five (35) feet for any two and one-half (2-1/2)-story building, and seventy-five (75) feet for any six (6)-story building. "Street."A public or recorded private thoroughfare that affords primary means of access to abutting property. "Street Line."The boundary line between a street and abutting property. "Street Side."That street bounding a corner lot, and which extends in the general direction as the line determining the depth of the lot. "Structure."Anything constructed or erected, which requires location on the ground, or attachment to something having a location on the ground. "Structural Alterations."Any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines. "Studio Unit."A dwelling unit without a bedroom. "Supportive Housing."Has the same meaning as defined and used in Section 50675.14of the California Health and Safety Code." -3- SECTION 5. That Section 18.92.230 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.92.230"T" WORDS, TERMS AND PHRASES ". "Tandem Parking Space."Any off-street parking space designed in such a manner that a vehicle properly parked in such space may, by design, have its ingress to or egress from such space blocked by a vehicle properly parked in a contiguous parking space. Theaters."Indoor facilities for public assembly and group entertainment including facilities for live theater and concerts and motion picture theaters, other than sporting events and other than uses defined inChapter 18.54(Sex-Oriented Businesses) of this Code. "Towing Service."Any person, association, firm or corporation owning or controlling any tow truck, and otherwise engaged in the business of transporting or moving other vehicles from one place to another. "Tow Truck."Any motor vehicle or device which has been altered, designed or equipped for the primary use of transporting or moving another vehicle from one place to another by means of a crane, hoist, tow bar, tow line, dolly, or a roll-back flat-bed carrier, or any other vehicle which is primarily used to render roadside or transportation assistance to other vehicles. "Trailer, Automobile." A vehicle without motor power designed to be drawn by a motor vehicle, and to be used for human habitation and for carrying persons and property, including a trailer coach; includes also a self-propelled vehicle having a body designed for the same uses as an "Automobile Trailer. "Transitional Housing."Has the same meaning as defined and used in Section 50675.2of the California Health and Safety Code." SECTION 6.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 7.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 -4- ordinance, insofar as they aresubstantially 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. 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 83641.v1/MGordon -5- EXHIBIT "A" P=Permitted by Right Table 4-A PRIMARY USES: SINGLE-FAMILY C=Conditional Use Permit Required RESIDENTIAL ZONES N=Prohibited RH-1RH-2RH-3RS-1RS-2RS-3RS-4 Special Provisions Residential Classes of Uses Dwellings –Single-Family PPPPPPC Detached Mobile Home ParksNNNNNCN Residential Care FacilitiesPPPPPPPSubject to §18.36.030.050 Supportive HousingPPPPPPP Transitional HousingPPPPPPP Note on Table 4-A–Residential Classes of Uses: Residential Classes of Uses: New Residential Development. All new residential development within 600 feet of any railroad, freeway, expressway, major arterial, primary arterial or secondary arterial, as designated by the Circulation Element of the General Plan, is subject to the provisions of § 18.40.090. Non–Residential Classes of Uses Agricultural CropsPPNNNNN Antennas–Private TransmittingPPPPPPPSubject to §18.38.040 Antennas–Telecommunications–PPPPPPPSubject to Stealth Building-Mounted§18.38.060.040 Antennas–Telecommunications–CCCCCCC Stealth Ground-Mounted Antennas–Telecommunications–NNNNNNN Ground-Mounted -6- EXHIBIT "A" P=Permitted by Right Table 4-A PRIMARY USES: SINGLE-FAMILY C=Conditional Use Permit Required RESIDENTIAL ZONES N=Prohibited RH-1RH-2RH-3RS-1RS-2RS-3RS-4 Special Provisions Non–Residential Classes of Uses Con't. Bed & Breakfast InnsNNNCCNNMust be located on an arterial highway; subject to §18.38.080 BeekeepingCNNNNNN Community & Religious AssemblyCCCCCCN Convalescent & Rest HomesNNNCCCN Day Care CentersCCCCCCC Educational Institutions–GeneralCCCCCCC Golf Courses & Country ClubsCCCCCCN Group Care FacilitiesCCCCCCCSubject to §18.36.040.070 OilProductionNNNNNCNSubject to §18.38.180 Public ServicesCCCCCCC Recreation–Low-ImpactCCCCCCC Transit FacilitiesCCCCCCC Utilities–MinorCCCCCCC -7- EXHIBIT "B" P=Permitted by Right Table 6-A PRIMARY USES: MULTIPLE-FAMILY C=Conditional Use Permit Required RESIDENTIAL ZONES N=Prohibited T=Telecommunications Antenna Review Permit Required RM-1RM-3RM-2RM-4Special Provisions Residential Classes of Uses Dwellings –Multiple-FamilyCPPPSubject to §18.38.100; affordable housing may be developed pursuant to Chapter 18.50 Dwellings –Single-Family CPCCDwellings requiring a Attachedconditional use permit are subject to §18.06.160 Dwellings –Single-Family CPPP(a) Allowed only when Detachedcombined withsingle- family attached dwellings within the same project; in the RM-1 Zone, attached housing must be oriented toward any major or primary arterial or (b) one single-family detached dwelling allowed on one legal lot in existence on the effective date of this chapter, using the RS-2 and RS-3 Zone based on lot size Mobile Home ParksNCCC Residential Care FacilitiesPPPPSubject to §18.36.030.050 Senior Citizen HousingCCCCSubject to Chapter §18.50 -8- EXHIBIT "B" P=Permitted by Right Table 6-A PRIMARY USES: MULTIPLE-FAMILY C=Conditional Use Permit Required RESIDENTIAL ZONES N=Prohibited T=Telecommunications Antenna Review Permit Required RM-1RM-2RM-3RM-4Special Provisions Residential Classes of Uses Con't. Supportive HousingPPPP TransitionalHousingPPPP Note on Table 6-A–Residential Classes of Uses: Residential Development. All new residential development within 600 feet of any railroad, freeway, expressway, major arterial or primary arterial, as designated by the Circulation Element of the General Plan, is subject to the provisions of§18.40.090. Non–Residential Classes of Uses Antennas–BroadcastingCCCC Antennas–Private TransmittingCCCCSubject to§18.38.040 Antennas–Telecommunications–TTTTSubject to§18.38.060 Stealth Building-Mountedand §18.62.020 Antennas–Telecommunications–CCCCSubject to§18.38.060 Stealth Ground-Mounted Antennas–Telecommunications–NNNN Ground-Mounted Bed & Breakfast InnsNCCCSubject to§18.38.080 Community & Religious AssemblyCCCC Convalescent & Rest HomesNNNC -9- EXHIBIT "B" P=Permitted by Right Table 6-A PRIMARY USES: MULTIPLE-FAMILY C=Conditional Use Permit Required RESIDENTIAL ZONES N=Prohibited T=Telecommunications Antenna Review Permit Required RM-1RM-2RM-3RM-4Special Provisions Non–Residential Classes of Uses Con't. Day Care CentersCCCC Educational Institutions–GeneralNNCC Golf Courses & Country ClubsNNCC Group Care FacilitiesCCCCSubject to §18.36.040.070 Oil ProductionNCCCSubject to §18.38.180 Public ServicesCCCC Recreation–Low-ImpactCCCC Recreation–Swimming & TennisCCCC Room & BoardCCCC Transit FacilitiesCCCC Utilities–MinorCCCC -10- 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