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PC 2014/01/27 City of Anaheim Planning Commission Agenda Monday, January 27, 2014 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chair: Victoria Ramirez • Chair Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, January 23, 2014, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 01/27/14 Page 2 of 6 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, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 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. Reports and Recommendations ITEM NO. 1A VARIANCE NO. 2009-04795 (DEV2009-00042A) Location: 5635 East La Palma Avenue Request: To consider and adopt findings related to the Planning Commission’s January 13, 2014 action revoking Variance No. 2009-04795. Resolution No. _____ Project Planner: Scott Koehm skoehm@anaheim.net 01/27/14 Page 3 of 6 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2013-05712 (DEV2013-00123) Location: 480 North Glassell Street Request: To construct a 50-foot high, ground-mounted stealth telecommunications antenna, designed as a “monopalm.” Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption. Resolution No. ______ Project Planner: David See dsee@anaheim.net ITEM NO. 3 AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013-05696 (DEV2012-00058) Location: 2110 South Harbor Boulevard Request: An amendment to a conditional use permit to delete a condition of approval pertaining to the installation of a monument sign. Environmental Determination: The Planning Commission will consider if Environmental Impact Report No. 340 (Previously-Certified) is the appropriate environmental determination for this project. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 01/27/14 Page 4 of 6 ITEM NO. 4 AMENDMENT TO CONDITIONAL USE PERMIT NO. 3156 (CUP3156B) (DEV2013-00096) Location: 721 East Ball Road Request: An amendment to a conditional use permit to allow the expansion of an existing computer training school into an adjacent unit. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Motion Request for Continuance to February 10, 2014 Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2013-05706 (DEV2013-00114) Location: 2951 West Ball Road Request: To permit an indoor and outdoor smoking lounge in an existing retail building. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 01/27/14 Page 5 of 6 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2012-05650 VARIANCE NO. 2013-04957 TENTATIVE PARCEL MAP NO. 2013-133 (DEV2012-00053) Location: 1952 West La Palma Avenue and 934-954 North Keystone Street Request: To expand the existing Servite High School campus to include the demolition of four single family homes on Keystone Street, construction of a new aquatics center, reorientation of the existing baseball field, relocation of the music and weight room buildings; and consolidation of the five residential parcels into the main school campus property with a reduced front yard setback and fencing that is higher than permitted by Code. Environmental Determination: A report prepared for this project shows that, even though it may have an impact, those impacts can be mitigated by including certain features in the design of the project. This report is called a Mitigated Negative Declaration. Motion Request for Continuance to February 10, 2014 Project Planner: David See dsee@anaheim.net ITEM NO. 7 ZONING CODE AMENDMENT NO. 2013-00113 (DEV2013-00136) Location: City-wide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code including, but not limited to, permitting breweries and other alcoholic beverage manufacturing businesses, including public tasting rooms, in commercial and industrial zones, by matter of right. Changes may also include additions and/or clarifications to the Code pertaining to the definitions of alcoholic beverage manufacturing and establishing operational requirements for these businesses. Environmental Determination: The Planning Commission will consider whether to find the Zoning Code Amendment to be Categorically Exempt from the provisions of the California Environmental Quality Act under Section 21080 of the Public Resources Code. Motion Request for Continuance to February 10, 2014 Project Planner: Scott Koehm skoehm@anaheim.net Adjourn to Monday, February 10, 2014 at 5:00 p.m. 01/27/14 Page 6 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:00 p.m. January 22, 2014 (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 hearings accessible 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 de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. SP 94-1 (SC)DA5CINEMACITYTHEATER SP 94-1 (SC)DA2CANYONOFFICECENTER SP 94-1 (SC)DA5SERVICE STATION C-G (SC)VACANT SP 94-1 (SC)DA2RELIGIOUS USE SP 94-1 (SC)DA5BANK SP 94-1 (SC)DA5RETAIL C-G (SC)BEST WESTERNANAHEIM HILLS SP 94-1 (SC)DA2CANYONOFFICECENTER SP 94-1 (SC)DA 2INDUSTRIAL SP 94-1 (SC)DA5RETAIL C-G (SC)RETAIL C-G (SC)RETAIL RM-4 (SC)CANYON VILLAGEAPARTMENTS198 DU E LA PALMA AVE N IMPERIAL HWYE ORANGETHORPE AVE ES PE RA NZA RDN VIA BREVEE. LA PALMA AVE N. IMPERIAL H W Y E . S A N T A A N A C ANYO N RDE. ORANGETHORPE AVE E . S A N TA AN A CA NY ON R D 5 6 3 5 East La P alma Avenue D EV No. 2 0 09-00042 A Subject Property APN: 346-281-03 °0 50 100 Feet Aeri al Ph oto :May 20 12 E LA PALMA AVE N IMPERIAL HWYE ORANGETHORPE AVE ES PE RA NZA RDN VIA BREVEE. LA PALMA AVE N. IMPERIAL H W Y E . S A N T A A N A C ANYO N RDE. ORANGETHORPE AVE E . S A N TA AN A CA NY ON R D 5 6 3 5 East La P alma Avenue D EV No. 2 0 09-00042 A Subject Property APN: 346-281-03 °0 50 100 Feet Aeri al Ph oto :May 20 12 [DRAFT] ATTACHMENT NO. 2 1 PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM REVOKING VARIANCE NO. 2009-04795 RELATED TO A PROPOSED COMMERCIAL RETAIL CENTER LOCATED AT 5635 EAST LA PALMA AVENUE AND MAKING FINDINGS IN CONNECTION THEREWITH. (DEV2009-00042A) (5635 EAST LA PALMA AVENUE) WHEREAS, on August 17, 1987, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") approved Conditional Use Permit No. 2905 to permit the construction of a 40-foot high multi-screen indoor theater complex with a waiver of the minimum number of parking spaces then required by the Anaheim Municipal Code (herein referred to as the "Code") from 712 to 478 on that certain real property located at 5635 East La Palma Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"). On January 16, 1989, the subject petition was re-advertised for review of revised plans, which were subsequently approved by the Planning Commission to permit a 55-foot high, 2,500 seat multi-screen indoor theater with a waiver of the minimum number of off-street parking spaces then required by the Code from 757 to 526, which represented 80% of the Code-required number of off-street parking spaces; and WHEREAS, by the adoption of its Resolution No. 91-110 on July 29, 1991, the Planning Commission approved Conditional Use Permit No. 3414 (herein referred to as "CUP 3414") to permit the expansion of the aforementioned multi-screen indoor theater complex and to construct a 29-foot high parking structure with 160 parking spaces for the purpose of meeting the Code- required off-street parking requirements. CUP 3414 required that the number of seats in the theater complex would not exceed a number such that the number of off-street parking spaces provided would not be less than 80% of the number of parking spaces then required by the Code based upon the number of seats in the theater complex; and WHEREAS, in response to the request of the then petitioner for approval of a revised site phasing plan relating to the delayed construction of the aforementioned parking structure, the Planning Commission adopted its Resolution No. PC92-122 on October 19, 1992, approving the construction of the expansion of the theater complex as Phase I and the construction of the aforementioned parking structure as Phase II so long as the available parking spaces for the theater complex, consisting of both on- and off-site spaces, would at all times comprise 80% of the minimum number of parking spaces then required by the Code for the theater complex. The Planning Commission also added three (3) additional conditions of approval to CUP 3414, which, among other things, required the petitioner to submit a plan to the City showing the number, location and size of all existing on- and off-site parking spaces together with parking agreements committing off-site parking spaces for use by the theater complex subject to the requirement that the total combined number of spaces would be at least 80% of the minimum then required by the Code for all the seats in the theater and provided that the number of seats in the theater complex would be reduced if the 80% requirement could not be achieved; and 2 PC2014-*** WHEREAS, upon appeal of the decision of the Planning Commission contained in its Resolution No. PC92-122, the City Council of the City of Anaheim (herein referred to as the "City Council") adopted its Resolution No. 92R-246 on December 8, 1992, amending CUP 3414 and Planning Commission Resolution No. PC91-110, which had the effect of approving a revised site phasing plan relating to the delayed construction of the aforementioned parking structure and adding the same three (3) conditions of approval that had been added by the Planning Commission by the adoption of its Resolution No. PC91-110, which are set forth herein below as follows: "28. That prior to issuance of a certificate of occupancy for the theater annex: (a) A plan shall be submitted to the Zoning Division of the Planning Department for review and approval, showing the final existing seat counts for each theater in the multi-plex theater complex and the actual number, location and size of all existing on-site parking spaces (the minimum parking space width shall be eight and one half [8-1/2] feet except that where the adjacent driveway aisle is narrower than required by Code and/or City standards, the minimum space width shall be nine [9] feet). Said plan shall have been prepared and certified by a registered architect and/or certified civil engineer as to accuracy (the Planning Department may, by field inspection, verify the accuracy of such plan). Said plan shall show that, including any city-approved off-site parking spaces, the total combined number of spaces is at least eighty percent (80%) of the minimum required by Code for all the seats in the theaters. If the minimum eighty percent (80%) parking ratio has not been achieved, the number of seats in the theaters shall be reduced proportionally and a new plan shall be submitted to the Planning Department for review and approval. (b) Parking agreements shall be obtained by the petitioner for any off-site parking and said agreements shall be submitted to the Zoning Division for review and approval by the City Attorney's office and the City Traffic and Transportation Manager. Any future changes to the seat counts for the theaters and/or number and/or location of required parking spaces shall be submitted to the Zoning Division for further review and approval. 29. That the petitioner shall be responsible for paying the fee for each separate code enforcement inspection conducted by staff for the purpose of verifying that adequate parking is being provided relative to the number of seats in the theaters, based on at least eighty percent (80%) of the minimum number of parking spaces required by Code being provided. Such inspection(s) may be made monthly until construction of the parking structure (Phase II) is completed and a valid determination can be made as to the adequacy of the available parking. 3 PC2014-*** 30. That within a period of six (6) months from the date of this resolution, the Planning Department will submit a "Reports and Recommendation" staff report to the Planning Commission discussing the status of subject multi-plex theater complex: the number of seats in the theaters, the number of parking spaces (both on-site and off-site), whether the parking structure is being constructed, and the status of the Imperial Promenade development construction and its parking availability. The Planning Commission may thereupon schedule a public hearing in connection with the three conditional use permits which include parking waivers for development on subject property (Nos. 2905 and 3414) and on the adjacent commercial retail center to the east (No. 3253). The purpose of such public hearing(s) would be to modify the condition(s) of approval or other aspects of the use permit(s) pertaining to the parking waiver(s). If the purpose of modifying a previously approved conditional use permit is to further reduce the number of proposed parking spaces (that is, increase the parking waiver), it shall be the underlying petitioner's responsibility to file for and pay for such public hearing, and to provide the appropriate traffic and parking studies to support such request." WHEREAS, Conditional Use Permit No. 2905, CUP 3414 and Planning Commission Resolution No. PC91-110, as amended by City Council Resolution No. 92R-246, shall be referred to herein collectively as the "Theater Entitlements"; and WHEREAS, the conditions of approval which were the subject of the Theater Entitlements shall be referred to herein collectively as the "Theater Conditions of Approval" and constitute a part of the Theater Entitlements such that any reference to the Theater Entitlements in this Resolution is deemed and construed to refer to both the Theater Entitlements and the Theater Conditions of Approval; and WHEREAS, pursuant to the Theater Entitlements, the Property was thereafter developed and is currently improved with a 1,795-seat movie theater and 190-space parking structure, which may sometimes be referred to in this Resolution as the "Theater Complex"; and WHEREAS, on December 8, 2009, and subject to certain conditions of approval, the City Council, by its Resolution No. 2009-174, approved Conditional Use Permit No. 2008-05372 and Variance No. 2009-04795 to permit the construction on the Property of a 10,000 square foot commercial retail building with fewer parking spaces than required by the Code; and WHEREAS, on January 14, 2013 and subject to certain conditions of approval, the Planning Commission, by the adoption of its Resolution No. PC2013-004, approved Conditional Use Permit No. 2008-05372A. The approval of Conditional Use Permit No. 2008-05372A operated to amend Conditional Use Permit No. 2008-05372, thereby permitting the construction of a 3,591 square foot drive-through restaurant in conjunction with a 4,375 square foot retail building with an outdoor dining area consisting of 500 square feet. The Planning Commission concurrently approved that portion of Variance No. 2012-04917 that permits the installation of sign cabinets on an existing legal non-conforming freestanding sign at the Property; however, the Planning Commission denied that portion of Variance No. 2012-04917 that would have 4 PC2014-*** permitted the installation of an electronic reader-board sign in place of an existing legal non- conforming freestanding sign at the Property; and WHEREAS, Variance No. 2009-04795 was not amended or modified concurrently with the Planning Commission's approval on January 14, 2013 of Conditional Use Permit No. 2008- 05372A because the number of parking spaces proposed for the project approved under Conditional Use Permit No. 2008-05372A were essentially the same as the number of parking spaces that had been approved in 2009 under Conditional Use Permit No. 2008-05372; and WHEREAS, upon appeal of the Planning Commission's action on January 14, 2013, as evidenced by the adoption of its Resolution No. PC2013-004, and following a noticed public hearing held on March 5, 2013, the City Council adopted its Resolution No. 2013-041, which had the effect of upholding the action of the Planning Commission, i.e., approval of Conditional Use Permit No. 2008-05372A and a portion of Variance No. 2012-04917; and WHEREAS, Conditional Use Permit No. 2008-05372, Conditional Use Permit No. 2008- 05372A, Variance No. 2009-04795 and Variance No. 2012-04917 shall be referred to herein collectively as the "Retail Entitlements"; and WHEREAS, the uses to which the Retail Entitlements relate may sometimes be referred to herein as the "Retail Uses"; and WHEREAS, the conditions of approval which were the subject of Conditional Use Permit No. 2008-05372 and Variance No. 2009-04795 were amended, modified and supplemented by the adoption of City Council Resolution No. 2013-041 on March 5, 2013. Accordingly, the conditions of approval which were the subject of Conditional Use Permit No. 2008-05372, Conditional Use Permit No. 2008-05372A, Variance No. 2009-04795 and Variance No. 2012-04917 shall be referred to herein collectively as the "Retail Conditions of Approval" and constitute a part of the Retail Entitlements such that any reference to the Retail Entitlements in this Resolution is deemed and construed to refer to both the Retail Entitlements and the Retail Conditions of Approval; and WHEREAS, following the adoption of City Council Resolution No. 2013-041 on March 5, 2013 and in response to a request that the City Council rehear Conditional Use Permit No. 2008-05372A and Variance No. 2012-04917, the City Council denied the rehearing request at its regular meeting held on April 16, 2013 but directed the Planning Commission to reconsider the findings for the original parking variance granted for the Theater Entitlements and the Retail Entitlements; and WHEREAS, Section 18.60.200 of the Code authorizes the Planning Commission, on its motion or at the direction of the City Council, to revoke or modify any discretionary land use permit that has been granted pursuant to the Zoning Ordinance on the basis of evidence and testimony submitted at the public hearing, if it finds, among other findings which are not relevant to the matter at hand, that "the use or variance for which the approval was granted has not been exercised and that, based upon additional information or due to changed circumstances, the facts necessary to support one or more of the required findings for the original approval of such entitlement . . . no longer exist". The Retail Entitlements have not been exercised as of the date of this Resolution; and 5 PC2014-*** WHEREAS, the petitioner for the Retail Entitlements has requested the elimination of any and all conditions of approval contained in the Theater Entitlements and the Retail Entitlements that required or permitted the use of off-site parking spaces to satisfy the Code- required off-street parking requirements for both the Theater Complex and Retail Uses and, instead, to have the Planning Commission consider whether that certain parking study entitled Parking Study Update for Cinema City, dated November 11, 2013, as prepared by Linscott, Law and Greenspan, Engineers (herein referred to as the "Parking Study"), is sufficient, based upon the operational characteristics of both the Theater Complex and the proposed Retail Uses, to satisfy the findings required for the approval of a parking variance in accordance with Section 18.42.110 of the Code. Moreover, changes in some of the uses comprising the Retail Entitlements since the approval by the City Council on March 5, 2013 of the Retail Entitlements by the adoption of its Resolution No. 2013-041 have resulted in an increase in the Code-required number of off-street parking spaces for the Retail Uses; and WHEREAS, based upon (1) the elimination of any and all conditions of approval contained in the Theater Entitlements and the Retail Entitlements that required or permitted the use of off-site parking spaces to satisfy the Code-required off-street parking requirements for the Theater Complex and the proposed Retail Uses, and (2) the increase in the Code-required number of off-street parking spaces for the Retail Uses resulting from changes in some of the retail uses (collectively referred to herein as the "Changed Circumstances"), the number of parking spaces that would be available for the Theater Complex and the Retail Uses, upon build- out of the Retail Uses, would be 456, while the number of off-street parking spaces required by the Code for the Theater Complex and the Retail Uses is 662; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 16, 2013 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence related to the direction given by the City Council to the Planning Commission to reconsider the findings for the original parking variance granted for the Theater Entitlements and the Retail Entitlements and to investigate and make findings and recommendations in connection therewith; and WHEREAS, following the close of the public hearing on December 16, 2013, a tie-vote among the members of the Planning Commission on a motion to approve the staff's recommendation resulted in the failure of the action, meaning that the decision of the Planning Commission represented neither an approval nor a denial. Thereafter, failing on a tie-vote of its members on a motion to refer the matter to the City Council pursuant to the authority granted by the Planning Commission Procedures and Rules of Order, the matter was deemed automatically continued to the next regular meeting of the Planning Commission on January 13, 2014 for further consideration; and WHEREAS, Section 18.60.200 of the Code authorizes the Planning Commission to (1) modify the Theater Entitlements and/or Retail Entitlements provided that "any such modification, including the imposition of any additional conditions, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the permit as granted", and (2) "change conditions or add new conditions as necessary to correct problems or violations relating to the [Theater Complex and/or Retail Uses] 6 PC2014-*** . . . [and/or to] modify conditions or add new conditions to preserve the integrity and character of the zoning district, or to secure the general purposes of the [City's] zoning ordinance and the General Plan". Accordingly, the Planning Commission considered a staff recommendation at its regular meeting held on December 16, 2013 and, thereafter, at its regular meeting held on January 13, 2014 to the effect that the modification of the conditions of approval for the Theater Entitlements and the Retail Entitlements and the addition of new conditions of approval for the Retail Uses satisfy the findings required under Section No. 18.42.040.010 of the Code to support the original parking variance granted for the Theater Entitlements and the variance granted in support of the Retail Entitlements; and WHEREAS, the 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 the public hearing held before the Planning Commission on December 16, 2013 and its consideration of answers to questions posed to staff and discussion and deliberation of its members at its regular meeting held on January 13, 2014, hereby finds and determines that the Retail Uses for which Variance No. 2009-04795 was granted have not been exercised under Conditional Use Permit No. 2008-05372A and that, based upon additional information and Changed Circumstances, the facts necessary to support one or more of the required findings for the original approval of Variance No. 2009-04795 no longer exist. Specifically, the Planning Commission finds and determines as follows: • The existing parking structure is very difficult to navigate under existing conditions and will become even worse to navigate with the addition of vehicular traffic resulting from the proposed Retail Uses. • Vehicular traffic from the proposed Retail Uses will increase traffic congestion within the proposed off-street parking areas of the Property. • Vehicular traffic from the proposed Retail Uses will impede left- hand egress from the Property into the east-bound traffic lanes of La Palma Avenue heading toward Imperial Highway, thus impeding vehicular egress for visitors, employees and tenants of the proposed Retail Uses and the Theater Complex, as well as the adjacent Imperial Promenade Shopping Center. • There is currently a parking problem on the Property, which will continue to be a problem if the parking structure is not used to its fullest with the existence of the proposed Retail Uses. It is questionable whether the parking structure will be put to full use when parking spaces located within the adjacent Imperial Promenade Shopping Center might appear to be a more convenient choice due to its proximity to the Retail Uses and the Theater Complex. It does not appear that the permittee possesses a shared parking arrangement with the owner of the Imperial Promenade Shopping Center or the operator of the CitiBank branch location. 7 PC2014-*** • Vehicular ingress/egress to the Imperial Promenade Shopping Center will have much more traffic as a result of directing vehicles to park in the parking structure to the rear of the Property. The exiting of vehicles from the parking structure along with vehicles coming from the Imperial Promenade Shopping Center may pose traffic problems coming onto the traffic side as vehicles exit onto La Palma Avenue will also impede vehicular access to and from the Imperial Promenade Shopping Center for its tenants, employees and guests. • The increased amount of traffic from the Property onto La Palma will impede traffic upon the public streets in the immediate vicinity of the proposed Retail Uses, particularly eastbound traffic on La Palma Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ANAHEIM AS FOLLOWS: Section 1. The foregoing recitals are incorporated into this Resolution by this reference and constitute a material part hereof. Section 2. Variance No. 2009-04795 is hereby revoked . Section 3. Pursuant to subsection .030 of Section 18.60.200 of the Code, the Planning Department is hereby authorized and directed to prepare and mail to the permittee and the property owner a formal written notice of the Planning Commission’s action, which notice shall contain a statement directing the permittee and property owner to immediately cease the formerly authorized use and shall further inform them that failure to cease the use shall be subject to enforcement and penalties as set forth in Section 1.01.389 of the Code. THE FOREGOING RESOLUTION was adopted at the regular meeting of the Planning Commission of the City of Anaheim held on January 27, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION 8 PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 27, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 99726-v4/TReynolds - 9 - PC2014-*** 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 27, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05712 LOCATION: 480 North Glassell Street (Xalos Lounge) APPLICANT/PROPERTY OWNER: The applicant is Sonal Thakur with Core Development Services and the property owner is T&X LLC. REQUEST: The applicant is requesting approval of a conditional use permit to allow a 50-foot high, ground-mounted, stealth telecommunications antenna designed as a “monopalm.” RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 3- New Construction or Conversion of Small Structures) and approving Conditional Use Permit No. 2013-05712. BACKGROUND: This 1.3-acre property is developed with a nightclub building. The property is located within the Northeast Area Specific Plan, Development Area 5 – Commercial Area (SP94-1, DA5) zone and the property is designated for General Commercial land uses by the General Plan. Surrounding land uses include the SR-91 freeway to the north, Embassy Suites Hotel to the east, Santa Ana River to the south, and an apartment complex to the west, across Glassell Street. PROPOSAL: The applicant proposes to construct a 50-foot high, ground-mounted stealth telecommunications antenna designed as a palm tree, or “monopalm.” The antenna would be located in a lawn area north of the nightclub building. The antenna would be set back 17 feet from the property line adjacent to Frontera Street and 115 feet from the property line adjacent to Glassell Street, in compliance with Code requirements. The green-colored antenna arrays would be contained within the top portion of this freestanding structure and would be partially hidden within a cluster of artificial palm fronds. As required by Code, three live palm trees would be installed adjacent to the antenna to further screen the device and to create a more natural setting. CONDITIONAL USE PERMIT NO. 2013-05712 January 27, 2014 Page 2 of 2 An associated equipment enclosure would be sited within an existing landscaped area on the west side of the nightclub building. The 8-foot high enclosed structure would be constructed with block walls and a textured stucco surface would be used to match the appearance of the nightclub building. As required by the Zoning Code, the applicant has submitted a site justification study which indicates that this facility is needed to eliminate a coverage gap in this area of the City. According to the applicant, this facility would ensure reliable levels of service and relieve network congestion for an increasing customer base. ANALYSIS: Stealth communications antennas are permitted within this zone subject to approval of a conditional use permit. A conditional use permit is required to ensure that the antenna does not negatively impact surrounding properties. A summary of the required findings necessary to support the conditional use permit is included below. The complete set of findings is included in the attached draft resolution. The design of the facility would ensure that there are no significant aesthetic or equipment noise impacts on adjacent properties. Stealth antennas, such as the proposed monopalm, are designed to minimize aesthetic impacts to the surrounding community by visually blending into the surrounding environment. The proposed location of the monopalm and palm trees which would be planted adjacent to the antenna would serve to minimize the facility’s visual impact on the surrounding area. At the time of planting, the additional palm trees would have a minimum brown trunk height of 20 feet in compliance with Code. There are also five existing palm trees nearby which generally match the height of the proposed antenna. The maximum height for structures in this zone is 60 feet, but the proposed antenna is only 50 feet tall. CONCLUSION: The proposed stealth communication facility is consistent with the goals of the Northeast Area Specific Plan zone and would help support the local business community by improving telecommunication service in the area. In addition, the facility is designed in a manner that minimizes visual impacts to the surrounding area. Staff recommends approval of the proposed use. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Project Description and Site J ustification S tudy The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Photographs 5. Plans SP 94-1DA5EMBASSYSUITESHOTEL RM-4FIVE COVES WESTAPARTMENTS45 DU RM-4CARBON CREEK SHORESAPTS26 DU SP 94-1DA5AUTO SALVAGE YARD TVACANT RM-4FIVE COVES EASTAPARTMENTS86 DU SP 94-1DA5RESTAURANT ANAHEIM CITY LIMITSANAHEIM CITY LIMITSCOUNTY OF ORANGECOUNTY OF ORANGE9 1 F R E E W A Y N G L A S S E L L S T E FRONTERA STE . L A P A L M A A V E N.TUSTINAVEE.LINCOLNAVE E . M IR A L O M A A V E N. RIO VISTA STE.LA P ALM AAVE4 8 0 North Glass ell St re et D E V N o. 2013-00123 Subject Property APN: 360-061-13 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 12 9 1 F R E E W A Y N G L A S S E L L S T E FRONTERA STE . L A P A L M A A V E N.TUSTINAVEE.LINCOLNAVE E . M IR A L O M A A V E N. RIO VISTA STE.LA P ALM A AVE48 0 No r t h G la s se ll S t r e e t DE V N o . 2 0 1 3 -0 0 1 2 3 Subjec t Property APN: 360-061-13 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2012 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05712 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00123) (480 NORTH GLASSELL STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission"), did receive a verified petition for Conditional Use Permit No. 2013- 05712 to permit a 50-foot high ground-mounted stealth telecommunications antenna, designed as a “monopalm” (herein referred to as the "Proposed Project"), on that certain real property located at 480 North Glassell Street in the City of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"), pursuant to Section 18.60.190 of the Anaheim Municipal Code (the "Code") for the Property; and WHEREAS, the Property is approximately 1.3-acres in size and is developed with a nightclub building. The Property is located within the the Northeast Area Specific Plan, Development Area 5 – Commercial Area (SP94-1, DA5) zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, on January 27, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by Chapter 18.60 of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2013-05712, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the new construction and location of limited numbers of new, small facilities or structures, or the installation of small new equipment and facilities in small structures, and that, therefore, pursuant to Section 15303 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2013-05712, does find and determine the following facts: 1. The request to construct a 50-foot high stealth telecommunications facility on an existing nightclub property is properly one for which a conditional use permit is authorized under Section 18.120.100.050.0511 (Communications Stations and Antennas) of the Code. - 2 - PC2014-*** 2. The stealth telecommunications facility will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the project has been designed to be compatible with surrounding commercial and residential uses because it will be located within a landscaped yard area and surrounded by a grove of palm trees so as to visually blend into the surrounding environment. 3. The size and shape of the site for the stealth telecommunications facility is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the project has been designed to comply with all Code requirements, including structural height, landscaping, and the installation of new palm trees to screen the facility. 4. The traffic generated by the stealth telecommunications facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical commercial businesses that would be permitted as a matter of right within the SP94-1, DA5 zone. 5. The granting of Conditional Use Permit No. 2013-05712 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013-05712 at the Property, subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the 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 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, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that Conditional Use Permit No. 2013-05712 are 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 Code. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2013-05712 constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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. - 3 - PC2014-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 27, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 27, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05712 (DEV2013-00123) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The proposed telecommunications antenna shall be limited to a maximum of fifty (50) feet in height. Said information shall be specifically shown on plans submitted for building permits. Planning Department 2 The equipment cabling shall not be visible to public view. All equipment cabling shall be routed inside of the structure and shall be screened from view. Said information shall be specifically shown on plans submitted for building permits. Planning Department GENERAL CONDITIONS 3 The applicant shall be responsible for paying all charges related to the processing of this discretionary case application within 30 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 may result in the revocation of the approval of this application. Planning Department 4 The telecommunications facility shall be subject to the following conditions of approval: • The facility shall be limited to the design as specifically identified on the approved plans. Said information shall be specifically shown on plans submitted for building permits. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Services Manager of the Planning Department and/or his or her designee. • The portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. • No signage, flags, banners or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building. • All equipment, including supply cabinets and power meter shall be screened from public view as required by the Planning Department. Furthermore, clinging vines shall be planted adjacent to the equipment enclosure in order to Planning Department - 6 - PC2014-*** screen any wall associated with the facility and prevent graffiti. • The telecommunications equipment operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. • Before activating its facility, the telecommunications equipment operator shall submit to a post-installation test to confirm that the facility does not interfere with the City of Anaheim’s Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriff’s Department or a Division-approved contractor at the expense of the telecommunications equipment operator. • The telecommunications equipment operator shall resolve all interference complaints within twenty-four (24) hours. • The telecommunications equipment operator shall provide a single point of contact in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the Planning Services Division. • The telecommunications equipment operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 5 The telecommunications facility shall be limited to the design and developed substantially in accordance with plans and specifications submitted by the applicant to, and approved by, the City of Anaheim, which plans are on file with the Planning Department and as conditioned herein. Planning Department 6 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 27, 2014 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013-05696 LOCATION: 2110 South Harbor Boulevard (Roscoe’s House of Chicken and Waffles) APPLICANT/PROPERTY OWNER: The applicant and agent is JJ Keno and the owner is Herb Hudson. REQUEST: The applicant is requesting to amend a previously-approved conditional use permit by deleting a condition of approval requiring the removal of a pole sign and installation of a monument sign in its place. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that the previously-certified Anaheim Resort Specific Plan Master Environmental Impact Report (EIR 313) and Supplemental Environmental Impact Report No. 340 provide appropriate environmental documentation for this request, and approving an amendment to Conditional Use Permit No. 2013-05696. BACKGROUND: The property is located within the Anaheim Resort Specific Plan zone and is developed with a restaurant that is undergoing renovation and expansion. The site is designated for Commercial Recreation land uses by the General Plan. Surrounding land uses include a service station and convenience market to the north, a fast food restaurant and hotel to the west across Harbor Boulevard, a car rental agency to the south, and apartments to the east across Acama Street. Prior Entitlement: On September 23, 2013, the Planning Commission approved Conditional Use Permit No. 2013-05696, Variance No. 2012-04896 and Final Site Plan No. 2012-00004 to permit the remodel and expansion of the restaurant building with fewer parking spaces and a smaller front setback than required by Code. A condition of approval included in the Resolution approving the conditional use permit requires the removal of an existing 25-foot high, legal non-conforming pole sign and the construction of a monument sign in its place. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013-05696 January 27, 2014 Page 2 of 2 PROPOSAL: The applicant is proposing to delete the condition of approval requiring the removal of the existing pole sign due to the inability to install a monument sign on this property while meeting sight distance requirements. ANALYSIS: During the Planning Commission hearing on the restaurant expansion, the applicant was asked, and voluntarily agreed, to remove the property’s existing pole sign and to install a monument sign in its place. The request was made in an effort to bring the property into further conformity with the Anaheim Resort Specific Plan. During the ensuing discussion, there was some question as to whether a monument sign could be installed at this location without interfering with the line-of-sight requirements for vehicles exiting the property onto Harbor Boulevard. The purpose of sight distance requirements is to allow drivers exiting a site to clearly see on-coming traffic and pedestrians at a safe distance. Attachment 4 of this report includes an illustration of the required line-of-sight triangle. Staff has worked closely with the applicant to try and find a suitable location for the sign; however, due to the site’s width, existing driveway locations and planned improvements within the front setback area, a monument sign cannot be installed at this location without creating a potentially unsafe condition. Therefore, staff recommends that Condition No. 14 of Resolution No. PC2013-068 be deleted. If this request is approved, the applicant intends to “reface” and re- use the property’s existing pole sign, which is allowed by the Zoning Code. CONCLUSION: The request to delete a condition of approval requiring the removal of the existing pole sign is appropriate because a monument sign cannot be installed at this location while meeting sight distance requirements. Staff recommends approval of the applicant’s request. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Letter of Request 4. Line-of-Sight Exhibit The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Planning Commission Resolution No. PC2013-068 6. Site Plan 7. Site Photographs SP 92-2DA1BAKERSSQUARE RM-4APTS8 DU SP 92-2DA1VAGABONDEXECUTIVE INN RM-4WILLOW TREEAPTS8 DU RM-4HOLIDAY HARBORAPTS74 DU RM-4APTS16 DU SP 92-2DA1ANAHEIMCARRIAGE INN SP 92-2DA1RESTAURANT SP 92-2DA1SERVICE STATION SP 92-2DA1TRAVELODGEINTERNATIONALINN SP 92-2DA1RESTAURANT SP 92-2DA1RAMADA L IMITEDSUITES RM-4CARIBBEAN COVE APARTMENTS240 DU SP 92-2DA1HACIENDA INN& SUITES RM-4APTS8 DU SP 92-2DA1DOUBLETREEGUEST SUITES RS-2SINGLE FAMILY RESIDENCE RM-4APTS8 DU SP 92-2DA1COMFORT INNMAINGATE RM-4HOLIDAY HARBORAPTS72 DU RM-4PARKEWOOD VILLAGEAPARTMENTS200 UNITS C-GRETAIL SP 92-2DA1DAYS INNMAINGATE/CONVENTION SP 92-2DA1DOLPHIN'S COVETIMESHARES RM-4HARBOR CLIFFAPARTMENTS130 UNITS SP 92-2DA1PARKING L OT SP 92-2DA1DOLPHIN'SCOVERESORT SP 92-2DA1SERVICE STATION SP 92-2DA1BUDGET RENTA CAR SP 92-2DA1TACO BELL SP 92-2DA1DENNY'S SP 92-2DA1PARKING L OT S HARBOR BLVDW ORANG EWO OD AVE S MALLUL DRS ACAMA STS BRODEN STW CLIFF WOO D AVE W. KATELLA AVE S. WEST STS. NINTH STS. HARBOR BLVDS. HASTER STS. M AN C HESTE R AVE E. CHAPMAN AVES. LEWIS STS. LEWIS ST2 1 1 0 S o u t h H a r b o r B o u l e va r d D E V N o . 2 0 1 2 -0 0 0 5 8 Subject Property APN: 233-031-03 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 S HARBOR BLVDW ORANG EWO OD AVE S MALLUL DRS ACAMA STS BRODEN STW CLIFF WOO D AVE W. KATELLA AVE S. WEST STS. NINTH STS. HARBOR BLVDS. HASTER STS. M AN C HESTE R AVE E. CHAPMAN AVES. LEWIS STS. LEWIS ST2 1 1 0 S o u t h H a r b o r B o u l e va r d D E V N o . 2 0 1 2 -0 0 0 5 8 Subject Property APN: 233-031-03 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013-05696 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012-00058) (2110 SOUTH HARBOR BOULEVARD) WHEREAS, on September 23, 2013, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim by its Resolution No. PC2013-068, did approve Conditional Use Permit No. 2013-05696 to expand an existing restaurant with a variance from street setback and parking requirements (herein referred to as the "Original CUP") on that certain real property located at 2110 South Harbor Boulevard in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Planning Commission Resolution No. PC2013-068 contained the following condition of approval: “14. The existing pole sign shall be removed. Any new monument sign installed must in a location that conforms to the Anaheim Resort Specific Plan and all City Standard Details and does not create an unsafe situation for pedestrians or vehicles. The monument sign location must also be outside of any easements.” WHEREAS, the Property, consisting of approximately 0.92-acre, is developed with a vacant restaurant building. WHEREAS, the Property is located in the SP92-2 Anaheim Resort Specific Plan Zone. The Anaheim General Plan designates the Property for Commercial Recreation land uses; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2013- 0569B") to delete the above-noted condition of approval requiring the removal of an existing pole sign and the installation of a monument sign (collectively referred to herein as the "proposed project"); and WHEREAS, the conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 27, 2014, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter - 2 - PC2014-*** 18.60 of the Code, 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, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the previously-certified Anaheim Resort Specific Plan Master Environmental Impact Report No. 313 and Final Supplemental Environmental Impact Report No. 2008-00340 will serve as the appropriate environmental documentation in connection with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to EIR 313 have occurred; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for an amendment to the Original CUP to delete a condition, does find and determine the following facts: 1. The proposed amendment to the Original CUP to delete the condition of approval requiring the removal of an existing pole sign and the installation of a monument sign is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030 (Uses) of the Zoning Code. 2. The proposed amendment to the Original CUP would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because no physical change will occur on the property by deleting the condition of approval requiring removal of an existing pole sign and the installation of a monument sign. 3. The size and shape of the site is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 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 area because the vehicular circulation is designed to minimize impacts on the surrounding businesses and because the intensity of the use and number of vehicles entering and exiting the Property will not increase as a result of this proposal. 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 because the project has been designed to minimize impacts on the surrounding businesses. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013-05696A, thereby amending the Original CUP. - 3 - PC2014-*** BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety and, therefore, reflect the amendment and restatement of the Prior Conditions of Approval and the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 27, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 27, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** 5 PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05696A (DEV2012-00058) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF BUILDING PERMITS 1 An automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. This item shall be shown on plans submitted for building permits. Fire Department 2 Plans shall demonstrate that no new drainage fixtures are being added to the building. If the project adds sewer or water drainage fixtures, then a sewer study will be required. The project shall be halted until the applicant submits the sewer study for review and city staff is able to determine there are no impacts to the existing sewer mains. Public Works, Development Services 3 The developer shall submit street improvement plans for the reconstruction of two driveway approaches and the entire sidewalk on Harbor Boulevard in accordance with current version of Engineering Standard Details 115 and 116. The driveway radii shall be 15 ft minimum. Public parkway landscaping (8 foot wide-curb adjacent) shall be constructed with the irrigation connected to the private on-site water system. Street landscaping shall be Golden Medallion trees and Daylily hybrids as the ground cover. Also, the plans shall include all required public improvements for the closure of the driveways in Acama Street, including curb, gutter, sidewalk, landscaping and parkway drain(s) as required. Public Works, Development Services 4 The developer shall post a security to guarantee the construction of public works improvements in an amount approved by the City Engineer and in a form approved by the City Attorney. The public improvements shall be constructed prior to final building and zoning inspections. Public Works, Development Services 5 The developer shall comply with Ordinance No. 5209 and Resolution No. 91R-89 relating to the Transportation Demand Management (TDM) by joining and financially participating in the ATN and Clean Fuel Shuttle Program, and by installing bicycle racks. Public Works, Transportation Services 6 All requests for new water services or fire lines as well as any modifications, relocations, or abandonments of existing water services and fire lines shall be coordinated through the Water Engineering Division of the Public Utilities Department. Public Utilities, Water Engineering 7 If the project has a landscaping area exceeding 2,500 square feet a separate irrigation meter shall be installed in compliance with the Landscape Water Efficiency Guidelines. Public Utilities, Water Engineering 8 All existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is Public Utilities, Water 6 PC2014-*** necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Engineering 9 The owner/developer shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the owner. Public Utilities, Water Engineering 10 The developer/owner shall submit to the Public Utilities Department, Water Engineering Division an estimate of the maximum fire flow rate and sprinkler demand, and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. Public Utilities, Water Engineering 11 If the existing 1 ½ -inch domestic water meter will utilized for the existing service connection, the property owner/developer shall install a lead-free backflow prevention assembly that meets the City of Anaheim standards. If the existing service lateral is not used, it must be abandoned at the City main per City standards prior to the issuance of building permits. Public Utilities, Water Engineering PRIOR TO FINAL BUILDING AND ZONING INSPECTION 12 Prior to final building and zoning inspections, the property owner/developer shall submit to the Planning and Building Department a letter from a licensed landscape architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. (Mitigation Measure 5.1-7 of the Anaheim Resort Specific Plan EIR) Planning Department, Building Division 13 Prior to the final building and zoning inspection, the property owner shall record a covenant on the property requiring that ongoing during project implementation, the property owner/developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney’s Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. Public Works, Transportation Services 7 PC2014-*** b. Provide a menu of commute alternatives for employees to reduce project-generated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. (Mitigation Measure 5.14-8 of the Anaheim Resort Specific Plan EIR) ONGOING DURING PROJECT OPERATION 14 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 15 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring uses. Police Department 16 All entrances to the parking lot shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. Police Department 17 “No Trespassing 602(k) P.C.” signs shall be posted at the entrances of the parking lot. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department 18 Rooftop address numbers for the police helicopter shall be provided and shall maintain a minimum size of 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers shall be spaced 12” to 18” apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. Police Department 19 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department 20 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services 21 Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Planning Department, Planning Services 22 That 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 Planning Department, Planning Services 8 PC2014-*** development. 23 All parking operations shall be consistent with the parking study submitted with the application and with approved site plans. Valet operations must remain in effect full time until a stable demand pattern is established. At any time that the demand for parking exceeds the available parking spaces, the valet operations must be in effect. The parking lifts are to be used for employee vehicles only. The business shall at all times have an employee trained in the use of the lifts onsite to operate the parking lifts. The parking lifts are not to be used for customer vehicles or operated by customers. Planning Department, Planning Services 24 Within 90 days of the opening of the restaurant the property owner shall submit to the Planning Department recommendations prepared by a licensed traffic engineer on reduced hours of valet service. Reduction shall be approved by the Planning Director. The property owner may request future changes by submitting a written request with new hours and reasons for the request. The Planning Director may approve or deny or require additional professionally prepared analyses of parking operations. The Planning Director may require expanded hours of valet service upon determination that patrons or employees of this business are parking on other property or on nearby streets. Planning Department, Planning Services 25 Approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Planning Department, Planning Services 26 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services ATTACHMENT NO. 3 ATTACHMENT NO. 4 01/27/14 - ITEM NO. 3 ATTACHMENT NO. 5 LOCATION OF INSTALLEDLEAD FREE, REDUCEDPRESSURED BACK-FLOW PREVENTIONASSEMBLY. DEVICE SHALLBE APPROVED BYWATER ENGINEERING.PASSENGERPICK UP AREA/VALETATTENDANTVISIBLE TRENCHBELIEVED TO BEELECTRICAL TO NORTHADJOINER.(PUBLIC UTILITYEASMENT)(E)SIDEWALK PROVIDE ADACURB CUTAS REQUIRED. SEESHEET A8.1 FORDETAIL.REMOVE DRIVEWAYS. REPLACE DRIVEWAYAND INSTALL LANDSCAPING PER THEHARBOR BLVD MASTER PLAN ANDIMPLEMENTATION PLAN.REMOVE DRIVEWAYS. REPLACE DRIVEWAYAND INSTALL LANDSCAPING PER THEHARBOR BLVD MASTER PLAN ANDIMPLEMENTATION PLAN.VALET STOP BAREXISTING ASPHALT PARKING & DRIVEWAYEXISTING ASPHALT PARKING & DRIVEWAY EXISTING ASPHALT PARKING & DRIVEWAY PUBLIC ACCESS 1PUBLIC ACCESS 2EXISTING SIDEWALKTURN-AROUNDFOR DEAD-ENDAISLEVANACCESSIBLE NO PARKINGNOPARKINGNOPARKINGNOPARKING 1(WITHOUTVALETPARKING)PERMANENTPARKINGSTALLSNEW 430 S.F. FRONT PATIO AREA AND NEW LANDSCAPING. VARIANCE APPROVAL REQUIRED.NEW LANDSCAPING SHALL WRAP AROUND BUILDING TO BUFFER THE PATIO AREAS.NEW LANDSCAPING ON SITE SHALL BE RE-FURBISHED AND BROUGHT UP TO RESORTSTANDARDS.04'8'16'32'01/27/14 - ITEM NO. 3, ATTACHMENT NO. 6 01/27/14 - ITEM NO. 3 ATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 27, 2014 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 3156 LOCATION: 721 East Ball Road (Ball Road Business Park) APPLICANT/PROPERTY OWNER: The applicant is United School of America and the property owner is The Realty Associates Fund VI, L.P. REQUEST: The applicant has submitted a request to continue this hearing to the February 10, 2014, Planning Commission meeting in order to revise their project description. RECOMMENDATION: Staff recommends that this hearing be continued to the February 10, 2014 Planning Commission meeting, as requested by the applicant. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Applicant’s Letter of Request IOFFICES IAUTO REPAIR/SERVICE IINDUSTRIAL IADULTTHEATER IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL E BALL RD S ALLEC STE. BALL RD S. SUNKIST STS. ANAHEI M BLVDS. HARBOR BLVDS. EAST STE. CERRITOS AVE W. BALL RD 72 1 E a st B a ll Ro a d DE V N o . 2 0 1 3 -0 0 0 9 6 Subjec t Property APN: 234-121-22 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2012 E BALL RD S ALLEC STE. BALL RD S. SUNKIST STS. ANAHEI M BLVDS. HARBOR BLVDS. EAST STE. CERRITOS AVE W. BALL RD 72 1 E a st B a ll Ro a d DE V N o . 2 0 1 3 -0 0 0 9 6 Subjec t Property APN: 234-121-22 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2012 ATTACHMENT NO. 2 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 27, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05706 LOCATION: 2951 West Ball Road (The Vault Hookah Lounge) APPLICANT/PROPERTY OWNER: The applicant is Mohammad Abdo and the property owner is Ben’s Equity, LLC. REQUEST: The applicant is requesting approval of a conditional use permit to allow a smoking lounge in a commercial tenant space located less than 200 feet from a residential zone and less than 1,000 feet from a school. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2013-05706. BACKGROUND: The .90-acre project site is developed with a two-story, 14,500 square foot commercial building in the General Commercial (C-G) zone. The property is one of two parcels which together comprise an integrated shopping center sharing parking and access rights. The site is designated for General Commercial land uses by the General Plan. Surrounding land uses include a motel to the west, single-family residences to the east, a church and commercial center to the south across Ball Road and apartments to the north. PROPOSAL: The applicant is proposing an indoor/outdoor smoking lounge on the first floor of the existing two-story building. The proposed smoking lounge would include 4,560 square feet of indoor space and a 715 square foot outdoor smoking patio. The applicant also proposes to operate an adjacent 1,025 square foot restaurant that would be physically separated from the smoking lounge areas. The proposed hours of operation for the smoking lounge are 5:00 p.m. to 2:00 a.m. daily. The smoking lounge would include a front reception area, an office and storage room, a hookah pipe preparation area and restrooms. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2013-05706 January 27, 2014 Page 2 of 3 ANALYSIS: Smoking lounges are allowed in this zone subject to the approval of a conditional use permit, if located within 200 feet of a residential zone or 1,000 feet of a school, to ensure compatibility with the surrounding uses. When located beyond these specified distances, smoking lounges may be permitted through an administrative permit approved by staff. The nearest residentially-zoned property is located approximately 40 feet north of the northern exterior wall of the proposed smoking lounge. A continuation high school exists within the easternmost unit of the commercial center to the east, approximately 160 feet away from the outdoor portion of the smoking lounge; therefore, a conditional use permit is required to allow this business. The Zoning Code requires that specific findings be made prior to approval of a conditional use permit. The complete findings are included in the attached draft resolution. A summary of the project’s compliance with the required findings is provided below. Smoking lounges in close proximity to a residential zone boundary or school may be permitted by conditional use permit if it can be demonstrated that there are structures or other factors which provide a physical buffer from potential noise, odors or other impacts from the smoking lounge. The proposed smoking lounge would be located in a two-story building that anchors a multi-tenant commercial center. The rear of the center has a parking area and drive-aisle allowing traffic circulation around the entire center, Both the enclosed and exterior portions of this proposed smoking lounge are buffered from the residential properties to the north by existing building walls. There are no public entrances on the north building wall thereby preventing any noise or odors from the proposed business from impacting the residences to the north. The door on the northeast side of the building is for emergency or employee use only. In addition, the apartment complex to the north has no south-facing windows. In order to prevent patrons from congregating in the rear parking lot area during evening hours, the property owner proposes to install vehicular access gates to secure the rear parking area after 9:00 p.m. Conditions of approval have been included in the attached draft resolution requiring that the north-facing door remain closed at all times; that the gates securing the rear parking area be locked by 9 p.m. daily and that the smoking lounge only operate between the hours of 5:00 p.m. to 2:00 a.m. The continuation high school, located approximately 160 feet from the outdoor smoking lounge at easterly end of the commercial center, operates between the hours of 7:30 a.m. to 1:30 p.m., Monday through Friday when the smoking lounge is closed; therefore, impacts to the school are not anticipated. The other units within the commercial center are occupied by a variety of restaurant, retail and service uses. The site provides a total of 167 parking spaces, 49 of which are located in the rear parking lot area, in compliance with the Zoning Code. Once the rear parking lot is secured, 118 parking spaces would remain available after 9:00 p.m. These spaces are adequate to provide the Code-required number of parking spaces for the smoking lounge and the other businesses that would be open during late evening hours. CONDITIONAL USE PERMIT NO. 2013-05706 January 27, 2014 Page 3 of 3 CONCLUSION: Staff believes that the proposed smoking lounge would be compatible with the other uses in the commercial center and with the surrounding neighborhood due to its physical design and location. The recommended conditions of approval would further serve to ensure that the business does not negatively impact the surrounding area. Staff recommends approval of this conditional use permit. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Letter of Request The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Site and Floor Plans 5. Site Photographs C-GRETAIL C-GRETAIL C-GRESTAURANT TRELIGIOUS USE C-GECONOMY INN C-GSAHARA MOTEL C-GRESTAURANT C-GSERVICESTATION C-GROYAL PACIFIC INN C-G (MHP)TRAILS INN MOBILEHOME PARK RS-2SINGLE FAMILY RESIDENCEC-GANAHEIM LODGE RM-4COBBLESTONEAPARTMENTS34 DU C-GRETAIL RM-4COBBLESTONEAPARTMENTS30 DU RS-2SINGLE FAMILY RESIDENCE C-GROBIN HOOD MOTEL C-GTRAVEL INN MOTEL RS-2SINGLE FAMILY RESIDENCE C-GAUTO SALVAGE YARD C-GRAINBOW INN C-GLYNDY'S MOTEL RS-2SINGLE FAMILY RESIDENCERM-2CONDOS9 DU TRELIGIOUS USE C-GRETAIL RM-4LYNROSE MANORAPARTMENTS72 DU RM-4FRENCH COUNTRYAPARTMENTS33 DU RS-2SINGLE FAMILY RESIDENCE C-GRETAIL C-GRETAILC-GRETAIL C-GRETAIL C-GAUTO SALVAGE YARDW BALL RDS BEACH BLVDS BEACH BLVDS GAYMONT STW LYN ROSE DR W ELMLAWN D R W RAV EN SW OOD DR W LYNROSE DR W. BALL RD W. ORANGE AVE S. DALE AVES. KNOTT AVE. CERRITOS AVE S. MAGNOLIA AVES. WESTERN AVES.BEACHBLVD2 9 5 1 Wes t Ball Road D E V N o. 2013-00114 Subject Property APN: 126-261-28126-261-30 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 12 W BALL RDS BEACH BLVDS BEACH BLVDS GAYMONT STW LYN ROSE DR W ELMLAWN D R W RAV EN SW OOD DR W LYNROSE DR W. BALL RD W. ORANGE AVE S. DALE AVES. KNOTT AVE. CERRITOS AVE S. MAGNOLIA AVES. WESTERN AVES.BEACHBLVD2 9 5 1 Wes t Ball Road D E V N o. 2013-00114 Subject Property APN: 126-261-28126-261-30 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 12 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05706 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00114) (2951 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve Conditional Use Permit No. 2013-05706 to permit an indoor and outdoor smoking lounge within an existing commercial tenant space located less than 200 feet from a residential zone and less than 1,000 feet of a school for that certain real property located at 2951 West Ball Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately .90 acres, is developed with a 14,500 square foot commercial retail building. The Property is located in and subject to the regulations and development standards of the General Commercial (C-G) Zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 27, 2014, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code to hear and consider evidence for and against proposed Conditional Use Permit No. 2013- 05706 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit a proposed smoking lounge, has determined that Conditional Use Permit No. 2013-05706 should be approved for the following reasons, does find and determine the following facts: 1. The proposed request to permit an indoor and outdoor smoking lounge within an existing commercial retail building in the Commercial General (C-G) zone, under the conditions imposed, is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and - 2 - PC2014-*** 2. The proposed conditional use permit to allow an indoor and outdoor smoking lounge within an existing commercial retail building, under the conditions imposed, 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 outdoor smoking lounge is obstructed from the residential property to the north by the two-story building and the commercaial center and the hours of operation will be limited through conditions of approval in order to reduce potential impacts on adjacent residential properties; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail building and no expansion of the building is proposed; and 4. The traffic generated by the proposed project 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 traffic on the surrounding streets and there is adequate parking on-site to accommodate the use; and 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 and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05706, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the 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 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 Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 Code. BE IT FURTHER RESOLVED that the 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. - 3 - PC2014-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 27, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 27, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05706 (DEV2013-00114) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO FINAL OCCUPANCY 1 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws. Planning Department, Building Division Fire Department 2 The project shall comply with the requirements of an A Occupancy as outlined in the 2010 California Building Code. Fire Department OPERATIONAL CONDITIONS 3 The smoking lounge shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation as described in the Letter of Request shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request to ensure compatibility with the surrounding uses. The days and hours of operation for the smoking lounge are limited to 5:00 p.m. to 2:00 a.m. daily. Hours of operation for the patio shall be limited to 12 midnight each day of the week. The hours of operation may be modified subject to prior review and approval by the Planning Director and Chief of Police or their designees. Planning Department, Code Enforcement Division 4 The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5. Planning Department, Code Enforcement Division 5 The project shall also comply with all City standards and specifications for smoking lounges. Fire Department 6 The subject property shall be operated as a "tobacco shop" and a "smokers' lounge", as those terms are defined in Section 6404.5(d)(4) of the California Labor Planning Department, Code - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Code. Specifically, the smokers' lounge at the subject property shall at all times be an enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes, and for the use of tobacco products only. The tobacco shop, itself, shall be dedicated to the sale of tobacco products, including, but not limited to, cigars, pipe tobacco and smoking accessories. This means that no food or beverages (whether alcoholic or not) shall be sold, served or consumed within the smoking lounge (whether indoors or outdoors). Enforcement Division 7 No persons under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed including any outdoor seating area, and a sign shall be posted at the entrance stating “No one under the age of 18 allowed.” Police Department 8 There shall be no admission fee, cover charge, nor minimum purchase required. Planning Department, Code Enforcement Division Police Department 9 No alcoholic beverages or food shall be sold, served or consumed on the premises of the smoking lounge, whether indoors or outdoors. Planning Department, Code Enforcement Division 10 There shall be no entertainment permitted on the premises at any time, including, but not limited to singers, DJs, dancers, bands and comedians, unless an Entertainment Permit is first obtained by the business owner. Planning Department, Code Enforcement Division Police Department 11 Operation of outdoor barbeques or braziers or lighting coals shall not be permitted. Planning Department, Code - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Enforcement Division Fire Department, Police Department 12 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. The northeast facing exterior door shall remain closed at all times, except as required for maintenance or emergency access. Planning Department, Code Enforcement Division Police Department 13 The gates leading to the rear parking lot area adjacent to the apartments on the north side of the property shall be locked from 9 p.m. daily and may be unlocked by 6 a.m. daily. Planning Department, Code Enforcement Division 14 All activities, except the outdoor smoking lounge, related to the use shall occur indoors, except as may be permitted by an authorized Special Event Permit. Planning Department, Code Enforcement Division 15 No amusement devices shall not be permitted anywhere within the business unless proper permits for such devices are first obtained from the Planning Department. Planning Department, Code Enforcement SECURITY CONDITIONS 16 The interior premises shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: perimeter building and access route protection and high valued storage areas within 120 days of this permit. A Burglary/Robbery Alarm Permit application must be completed, Form APD 516, and return it to the Police Department prior to initial alarm activation within 120 days of this permit. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 17 Closed circuit television (CCTV) security cameras shall be installed with the following coverage areas: building interior entrance and exterior entrance, parking lot; general seating area, manager’s office covering safe and cashier’s area within 120 days of this permit. If security cameras are not monitored, signs indicating so should be placed at each camera. CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the tape. Digital and wireless CCTV security systems are highly recommended over older VHS or “Tape” recording systems. CCTV recordings should be kept for a minimum of 30 days before being deleted or recorded over. If used, CCTV videotapes should not be recorded over more than 10 items per tape. Police Department 18 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. Police Department 19 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised and any rear utility doors. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece within 120 days of this permit. Police Department 20 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the establishment. Police Department 21 At least one uniformed security guard is required from 9:00 p.m. to closing. Police Department 22 Any security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. Planning Department, Code Enforcement Division - 9 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Police Department 23 No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Anaheim Police Department. Planning Department, Code Enforcement Division Police Department 24 The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity. Police Department 25 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Planning Department, Code Enforcement Division Police Department 26 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning Department, Code Enforcement Division GENERAL CONDITIONS 27 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 28 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. Police Department - 10 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 29 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning Department, Planning Services Division 30 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 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 may result in the revocation of the approval of this application. Planning Department, Planning Services Division 31 The establishment shall be developed substantially in accordance with the plan and specifications submitted to and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). Planning Department ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 6 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 27, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2012-05650 VARIANCE NO. 2013-04957 TENTATIVE PARCEL MAP NO. 2013-133 LOCATION: 1952 West La Palma Avenue (Servite High School) APPLICANT/PROPERTY OWNER: The applicant is James Carter representing the property owner, Servite High School. REQUEST: The applicant requests to expand the existing Servite High School campus to include the demolition of four single family homes, the construction of a new aquatics center and parking lot, reorientation of the existing baseball field with 30-foot high fencing and 10-foot high block walls, relocation of the music and weight room buildings, replacement lighting for the track and football field, consolidation of the five parcels along Keystone Street into the main school campus property, and a reduced front yard setback along Keystone Street and fencing that is higher than permitted by Code. DISCUSSION: The applicant has submitted a request to continue this hearing to the February 10, 2014, Planning Commission meeting so that the request can be amended and re-noticed to allow the applicant to retain an existing student enrollment that is higher than permitted under previous entitlements and include a parking variance. RECOMMENDATION: Staff recommends that this hearing be continued to the February 10, 2014, Planning Commission meeting, as requested by the applicant, to allow additional time to revise the project description and re-notice the applicant’s request to permit a higher student enrollment and include a parking variance. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Applicant’s Letter of Request TSERVITEHIGH SCHOOL RS-2SINGLE FAMILY RESIDENCE TPRESCHOOL RS-2SINGLE FAMILY RESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLE FAMILY RESIDENCE RM-4LA HACIENDAAPTS9 DU RS-2SINGLE FAMILY RESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RM-4FOURPLEX RS-2SINGLE FAMILY RESIDENCE RS-2SINGLEFAMILYRESIDENCE RS-2SINGLEFAMILYRESIDENCE RM-3DETACHED CONDOS137 DU RS-2SINGLEFAMILYRESIDENCE W LA PAL M A AVE W CATALPA AVEN FAIRVIEW STN WICHITA STN CHIPPEWA AVEN KEYSTONE STW DOG WOOD AV E W DOG WOOD AV E W FALMOUTH AVE W. LA PALMA AVE N. EUCLID STN. BROOKHURST STN. LOARA STW. ROMNEYA DR 1 9 5 2 Wes t La Palma Avenue934-9 54 North Key stone Street D E V N o. 2012-00053 Subject Property APN: 072-131-01072-463-06072-463-05072-463-03072-463-02072-463-04 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 12 W LA PAL M A AVE W CATALPA AVEN FAIRVIEW STN WICHITA STN CHIPPEWA AVEN KEYSTONE STW DOG WOOD AV E W DOG WOOD AV E W FALMOUTH AVE W. LA PALMA AVE N. EUCLID STN. BROOKHURST STN. LOARA STW. ROMNEYA DR 1 9 5 2 Wes t La Palma Avenue934-9 54 North Key stone Street D E V N o. 2012-00053 Subject Property APN: 072-131-01072-463-06072-463-05072-463-03072-463-02072-463-04 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 12 SERVITE HIGHSCHOOL Business Office January 20, 2014 Mr. David See Senior Planner City of Anaheim 200 S. Anaheim Blvd., #162 Anaheim, Ca. 92805 Re: Servite High School Planning Commission Hearing Request for 2 week continuance Dear Mr. See, This letter is a request for a two- week continuance of the Planning Commission meeting, currently scheduled for January 27, 2014. This is necessary to re-notice and include the enrollment increase for consideration/approval by the Planning Commission. Sincerely, James M. Carter ‘82 Vice President, Finance and Operations CREDO VERY REVEREND John Fontana, O.S.M. PRIOR PROVINCIAL PETER S. BOWEN, ‘82 PRESIDENT Michael P. Brennan PRINCIPAL Steve Beiard VP, ADVANCEMENT JIM CARTER, ‘82 VP, FINANCE & OPERATIONS SERVITE HIGH SCHOOL 1952 W. LA PALMA AVENUE ~ ANAHEIM, CA 92801 (714) 774-7575, EXTENSION 1140 ~ (714) 491-7101 FAX WWW.SERVITEHS.ORG ATTACHMENT NO. 2 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 7 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 27, 2014 SUBJECT: ZONING CODE AMENDMENT NO. 2013-00113 LOCATION: Citywide APPLICANT/PROPERTY OWNER: The City of Anaheim REQUEST: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code including, but not limited to, permitting breweries and other alcoholic beverage manufacturing businesses, including public tasting rooms, in commercial and industrial zones, by matter of right. Changes may also include additions and/or clarifications to the Code pertaining to the definitions of alcoholic beverage manufacturing and establishing operational requirements for these businesses. RECOMMENDATION: Staff recommends that this hearing be continued to the February 10, 2014, Planning Commission meeting, to allow additional time to finalize the draft ordinance. Prepared by, Submitted by, Scott Koehm Jonathan E. Borrego Associate Planner Acting Planning Services Manager 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.