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PC 2014/06/30 City of Anaheim Planning Commission Agenda Monday, June 30, 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 • 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, June 26, 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 06/30/14 Page 2 of 7 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. 06/30/14 Page 3 of 7 Public Hearing Items ITEM NO. 2 RECLASSIFICATION NO. 2013-00254 TENTATIVE TRACT MAP NO. 17700 CONDITIONAL USE PERMIT NO. 2013-05720 (DEV2013-00056) Location: 1619 South Euclid Street Request: To rezone the property from the Transition (T) zone to the Single–Family, Residential (RS-4) zone and to permit and establish an 8-unit, small–lot residential subdivision with modifications to development standards. 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 32 (In-Fill Development Projects) Categorical Exemption. Continued from the June 2 and June 16, 2014 Planning Commission meetings. Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 3693A (DEV2013-00027) Location: 1011 North Harbor Boulevard Request: To amend a conditional use permit to permit and retain a private school in conjunction with an existing church. 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: Elaine Thienprasiddhi ethien@anaheim.net 06/30/14 Page 4 of 7 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2013-05654C* VARIANCE NO. 2014-04969 (DEV2013-00005C) Location: 5520-5524 East La Palma Avenue* Request: To permit the expansion of a live performance theater with fewer parking spaces than required by the Zoning Code. 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. *Advertised as Conditional Use Permit No. 2013-05654A and Variance No. 2014-04969 (DEV2014-00043); and location as 5520-5522 East La Palma Avenue. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 5 VARIANCE NO. 2014-04967 (DEV2014-00044) Location: 122 South Euclid Avenue Request: To allow wall signs for an existing retail shoe store in a location not permitted by code and exceeding the number and size of permitted signs. 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 11 (Accessory Structures) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net 06/30/14 Page 5 of 7 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2013-05698 (DEV2013-00097) Location: 1659 West Lincoln Avenue Request: To permit an outdoor soccer facility with two soccer fields. 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) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 7 CONDITIONAL USE PERMIT NO. 2014-05728 (DEV2014-00016) Location: 1224 North Harbor Boulevard Request: To permit and construct a Starbucks coffee shop with a drive through lane. 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) Categorical Exemption. Resolution No. ______ Project Planner: David See dsee@anaheim.net 06/30/14 Page 6 of 7 ITEM NO. 8 CONDITIONAL USE PERMIT NO. 2014-05734 (DEV2014-00028) Location: 401 North Anaheim Boulevard Request: To permit a banquet hall within an existing commercial building, to include the on-site consumption of alcoholic beverages. 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: David See dsee@anaheim.net Adjourn to Monday, July 14, 2014 at 5:00 p.m. 06/30/14 Page 7 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. June 25, 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 implem entation 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. 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: JUNE 30, 2014 SUBJECT: RECLASSIFICATION NO. 2013-00254; TENTATIVE TRACT MAP NO. 17700; AND CONDITIONAL USE PERMIT NO. 2013-05720 LOCATION: 1619 South Euclid Street APPLICANT/PROPERTY OWNER: The applicant and property owner is Silveroak Capital Corporation, represented by Jeff Weber. REQUEST: The applicant requests approval of the following applications: 1) A Zoning Reclassification of the property from the Transition (T) zone to the Single Family Residential (RS-4) zone; 2) A Tentative Tract Map to establish a 10-lot residential subdivision; and, 3) A Conditional Use Permit to permit an 8-unit, detached, small-lot single family residential project with modified development standards RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolutions determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 32, Infill Development Projects) and approving Reclassification No. 2013-00254, Tentative Tract Map No. 17700 and Conditional Use Permit No. 2013-05720. BACKGROUND: The 1.23-acre property is currently developed with a plant nursery and single-family home and is located in the Transition (T) zone. The property to be developed is part of a larger 6.18 acre site that includes the Southern California Edison easement to the south. The property is designated for Low- Medium Density Residential and Open Space land uses by the General Plan. Surrounding land uses include single family homes to the north and west, a plant nursery and railroad tracks to the south and a mobile home park to the east, across Euclid Street. RECLASSIFICATION NO. 2013-00254, TENTATIVE TRACT MAP NO. 17700 AND CONDITIONAL USE PERMIT NO. 2013-05720 June 30, 2014 Page 2 of 4 PROPOSAL: The applicant proposes to demolish the existing residence and construct eight detached single-family homes. The homes would contain two stories and would range from 2,853 to 2,978 square feet in size. The homes would have contemporary-style architecture with five different exterior elevations that feature tile roofs, window trim and earth tone colored stucco walls with stone accents. The residential lots would range in size from 4,074 to 5,488 square feet. Six-foot high vinyl fences are proposed on the north and south properties lines, separating the proposed development from the adjacent uses. A six-foot high block wall with vines is proposed adjacent to Euclid Street at the back of the eight-foot wide landscape setback. This setback area would be planted with groundcover, shrubs and trees to screen the block wall and deter graffiti. A detailed development summary is included as Attachment 6 to this report. Access to the homes would be provided by a new private cul-de-sac street accessed from Euclid Street. The private street would include a four-foot wide sidewalk and six-foot wide parkway containing artificial turf with street trees on the north side of the street adjacent to the residences. The south side of the private street would have a five-foot wide landscaped parkway with no sidewalk as there are no homes that would front onto that side of the street. The City Engineer has approved a request by the developer for a modification to the private street standard to allow elimination of the sidewalk on the south side of the street and to reduce the parkway width from six to five feet along this side of the street. The modified street section will allow for a 32-foot wide street that would accommodate on-street parking on the south side. ANALYSIS: Following is staff's analysis and recommendation for each requested action: Reclassification: The existing Transition zone designation for the property is an interim zone for properties that, due to annexation or other reasons, do not have a zoning classification that is consistent with their General Plan land use designation. The proposed RS-4 zone designation is consistent with and would implement the property’s Low-Medium Density Residential General Plan land use designation. Although a small portion of the property is designated for Open Space, that portion of the site would not be developed and would instead be utilized as private street area. Therefore, an amendment to the General Plan is not needed. The intent of the RS-4 Zone is to provide for development of high-quality, detached, single-family residential units on small lots. The proposed zoning designation would be compatible with the existing single-family residential zoning of the residential properties to the north and west and would also be in conformance with the Land Use Element of the General Plan, which includes the following goals: • Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. • Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. • Goal 3.2: Maximize development opportunities along transportation routes. • Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. RECLASSIFICATION NO. 2013-00254, TENTATIVE TRACT MAP NO. 17700 AND CONDITIONAL USE PERMIT NO. 2013-05720 June 30, 2014 Page 3 of 4 Tentative Tract Map: The requested 1.23 acre tract map area includes a portion of an adjacent 4.9 acre parcel to the south used as a Southern California Edison easement. The proposed tentative tract map includes eight numbered residential lots and two lettered lots designated for common open space and vehicular circulation that would be maintained by a homeowners’ association. The proposed subdivision has a gross density of eight dwelling units per acre. This density is consistent with the property’s Low-Medium Density Residential land use designation which allows up to 18 dwelling units per acre. The proposed subdivision is consistent with the General Plan and the proposed zoning. Conditional Use Permit: Development in the RS-4 Zone is subject to the approval of a conditional use permit in order to ensure quality design of the small-lot, single-family residential land uses allowed in this zone. The Zoning Code also requires that the size and width of lots within the development be established by the site plan approved through the conditional use permit. The smallest lot is 4,074 square feet and each lot is 46.5 feet wide. The lot sizes and widths proposed are adequate to ensure quality design that is compatible with the adjacent residential neighborhood. The proposed project meets all other development standards of the RS-4 zone. Staff has also reviewed the proposed development using the City’s adopted “Guidelines for Small-Lot Development.” These guidelines encourage various design features for small-lot residential projects that promote high quality development. The guidelines address items such as internal circulation; interface with adjacent land uses; building massing and articulation; fencing; landscaping; and open space. Staff has determined that the proposed development is consistent with these guidelines. Public Outreach: The applicant conducted a community meeting on March 26, 2014, at 6 p.m. Although 339 invitations were sent out by the applicant, only one nearby resident attended the meeting. This resident offered general comments regarding the proposed development and was supportive of the proposal. Environmental Impact Analysis: The project’s potential environmental impacts have been evaluated and staff recommends that the Planning Commission determine that the development qualifies for the “Infill Development Projects” exemption allowed under California Environmental Quality Act. In order to support this determination, staff has found that the project would be consistent with the City’s General Plan, as well as with the applicable zoning designation and regulations. The project would not result in any significant effects relating to traffic, noise, air quality, or water quality. In addition, the property is less than five acres in size and is substantially surrounded by urban uses, has no value as habitat for endangered, rare or threatened species, and can be adequately served by all required utilities and public services. Based on these findings, the project does not meet the minimum thresholds necessary to find that it would cause a significant effect on the environment. RECLASSIFICATION NO. 2013-00254, TENTATIVE TRACT MAP NO. 17700 AND CONDITIONAL USE PERMIT NO. 2013-05720 June 30, 2014 Page 4 of 4 CONCLUSION: Staff recommends approval of the proposed reclassification, tentative tract map, and conditional use permit because the proposed project is compatible with surrounding land uses. The project is also consistent with the properties’ General Plan designation and staff believes that the project is well designed and will provide a quality living environment for future residents. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Reclassification Resolution 3. Draft Tentative Tract Map Resolution 4. Draft Conditional Use Permit Resolution 5. CUP Justification and Request Letter 6. Development Summary 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. 7. Small Lot Guidelines 8. Tentative Tract Map 9. Site Plan 10. Elevation and Floor Plans 11. Landscape Plans TNURSE RY TCATERING BUSIN ESS T (MH P)DEL PRA DO M OB IL EH OM E PAR K C-GWESTVIE WVOCATIONAL SE RVIC ES C-GMEDICAL OFFIC E RS-2SINGLE FAMILY RE SID EN CE C-GMEDICA LOFFICE C-GRETAIL RS-2SFR RM-2SARATO GATOWNHOMES178 DU TNURSE RY TRETAIL T (MH P)DEL PRA DO M OB ILEH OM E PAR K T (MH P)DEL PRA DO M OB IL EH OM E PAR K TNURSE RYTSOUTHERN CALIFOR NIA EDIS ON E ASEM ENT RS-2SINGLE FAMILY RE SIDENCE RS-2SINGLE FAMILY RE SID EN CE RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-3SFR RS-3SFR RS-3SFR RS-3SFRRS-3SFR RS-2SFR RS-2SFR RS-2SFR S EUCLID STW CRIS AV E W ME LLS LN W C RESTW OOD LN S INEZ WAYS VARNA STS MELISSA WAYS POUNDERS LNS JERINNE STW CRIS AV E S POUNDERS LNDEL PRADO MHO W. BALL RD W. KAT ELLA AVES. EUCLID STS. WALNUT STW. CERRITOS AV E S. BROOKHURST STS.NINTHSTS. DISNEYLAND DR161 9 So uth Euc li d Stre et D E V 20 13 -0 00 5 6 Su bje ct Property APN:128-522-35 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 S EUCLID STW CRIS AV E W ME LLS LN W C RESTW OOD LN S INEZ WAYS VARNA STS MELISSA WAYS POUNDERS LNS JERINNE STW CRIS AV E S POUNDERS LNDEL PRADO MHOW. BALL RD W. KAT ELLA AVES. EUCLID STS. WALNUT STW. CERRITOS AV E S. BROOKHURST STS.NINTHSTS. DISNEYLAND DR161 9 So uth Euc li d Stre et D E V 20 13 -0 00 5 6 Su bje ct Property APN:128-522-35 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2013-00254 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2013-00056) (1619 SOUTH EUCLID STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for reclassification, designated as Reclassification No. 2013-00254, for that certain real property located at 1619 South Euclid Street 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 is currently developed with a plant nursery and single- family residence and is located in the "T" (Transition) Zone. The Anaheim General Plan designates this Property for Low-Medium Density Residential and Open Space land uses; and WHEREAS, the applicant requests to rezone or reclassify the Property from the "T" (Transition) Zone to the "RS-4" (Single-Family Residential) Zone; and WHEREAS, Reclassification No. 2013-00254 is proposed in conjunction with Tentative Tract Map No. 17700 and Conditional Use Permit No. 2013-05720 to establish a 8-lot residential subdivision with two (2) lettered lots to allow for the future development of 8 single- family homes on the Property (collectively referred to herein as the "Proposed Project"); and WHEREAS, on June 30, 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 law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against proposed Reclassification No. 2013-00254, Tentative Tract Map No. 17700 and Conditional Use Permit No. 2013-05720 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 in-fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Specifically, the Proposed Project (a) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2014-*** 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, does find and determine the following facts: 1. Reclassification of the Property from the "T" (Transition) Zone to the "RS-4" (Single-Family Residential) Zone is consistent with the Property’s existing Low-Medium Density Residential land use designation in the General Plan. The portion of the property designated for Open Space will be used solely for vehicular access. 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the adjacent properties to the north which are designated for Low-Medium Density Residential land uses and are developed with single family homes. 3. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2013-00254 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RS-4" (Single-Family Residential) Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2013-00254. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. - 3 - PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 30, 2014. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 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 30th day of June, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 102924-v2/TReynolds - 4 - PC2013-*** [DRAFT] ATTACHMENT NO. 3 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17700 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00056) (1619 SOUTH EUCLID STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Tract Map No. 17700 to establish a 8-lot residential subdivision for that certain real property located at 1619 South Euclid Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently developed with a plant nursery and a single- family residence and is located in the "T" (Transition) Zone. Tentative Tract Map No. 17700 is proposed in conjunction with (1) Reclassification No. 2013-00254, which is a request to rezone or reclassify the Property from the "T" (Transition) Zone to the "RS-4" (Single-Family Residential) Zone (herein referred to as "Reclassification No. 2013-00254"), and (2) Conditional Use Permit No. 2013-05720, which is required under Section 18.04.160 of the Anaheim Municipal Code (the "Code") for all development in the "RS-4" (Single-Family Residential) Zone (herein referred to as "CUP No. 2013-05720"). The Anaheim General Plan designates this Property for Low-Medium Density Residential land uses; and WHEREAS, the applicant requests a tentative tract map in order to establish a 8- lot residential subdivision to allow for the future development of eight (8) single-family homes on the Property. The development comprising Tentative Tract Map No. 17700, CUP No. 2013- 05720 and Reclassification No. 2013-00254 shall be referred to herein as the "Proposed Project"; and WHEREAS, on June 30, 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 law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against said proposed Tentative Tract Map 17700 and Reclassification No. 2013-00254 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines")and, pursuant to Section 15332 of the CEQA Guidelines, is categorically exempt from the provisions of CEQA; and - 2 - PC2014-*** 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 establish a 8-lot residential subdivision, does find and determine the following facts: 1. The proposed subdivision, including its design and improvements, and with the conditions imposed under CUP No. 2013-05720, is consistent with the Low- Medium Density Residential land use designation in the Anaheim General Plan and the development standards contained in the RS-4 (Single Family Residential) zone. 2. The site is physically suitable for the type and size of the proposed residential subdivision. 3. The design of the subdivision, with the conditions imposed under CUP No. 2013-05720, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has been identified on the site. 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, since any new structures and associated site improvements will be constructed on the property in compliance with the conditions imposed under CUP No. 2013-05720 and other related Code requirements. 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Tract Map No. 17700, contingent upon (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS-4" (Single-Family Residential) Zone in accordance with Reclassification No. 2013-00254, (2) the conditions imposed under CUP No. 2013-05720, and (3) 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 - 3 - PC2014-*** applicant has demonstrated significant progress toward establishment of the use or approved development. 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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 June 30, 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 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 30th day of June, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 102934-v2/TReynolds - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 17700 (DEV2013-00056) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A FINAL MAP APPROVAL 1 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Site demolition shall be per a rough grading permit from Public Works. Public Works, Development Services 2 The vehicular access rights to Euclid Street, except at the private street opening, shall be released and relinquished to the City of Anaheim. Public Works, Development Services 3 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Euclid Street, the private street name sign and the Private Street. The covenant shall be recorded concurrently with the final map. Public Works, Development Services 4 Street improvement plan shall be submitted for improvements along the frontage of Euclid Street and the private street. Said improvements shall conform to City Standard 160-A and to City Standard 162 respectively or as approved by the City Engineer. Parkway landscaping and irrigation shall be installed on Euclid Avenue and the private street. Public Works, Development Services 5 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. Public Works, Development Services 6 The legal property owner shall pay the development impact fees unless a fee deferral agreement has been executed. Public Works, Development Services 7 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim the corner cutback right-of-way for road, public utilities and other public purposes on Euclid Street for both sides of the private street curb ramps. Public Works, Development Services - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 All lots shall be assigned street addresses by the Building Division. The street name for the private street shall be submitted to and approved by the Building Division. Planning Department, Building Division GENERAL 9 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department Planning Services Division 10 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 Division 11 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 12 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department. Planning Department Planning Services Division [DRAFT] ATTACHMENT NO. 4 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05720 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00056) (1619 SOUTH EUCLID STREET) 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. 2013-05720 to permit an 8-lot, single family residential project with modifications to zoning development standards for that certain real property located at 1619 South Euclid Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently developed with a plant nursery and single family home and is located in the "T" (Transition) Zone. The Anaheim General Plan designates this Property for Low-Medium Density Residential land uses; and WHEREAS, Conditional Use Permit No. 2013-05720 is proposed in conjunction with (1) Reclassification No. 2013-00254, which is a request to rezone or reclassify the Property from the "T" (Transition) Zone to the "RS-4" (Single-Family Residential) Zone ("Reclassification No. 2013-00254"), and (2) Tentative Tract Map No. 17700, which would establish an 8-lot, single family subdivision. The development comprising Tentative Tract Map No. 17700, Reclassification No. 2013-00254 and Conditional Use Permit No. 2013-05720 shall be referred to herein as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 30, 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 (Procedures) of the Anaheim Municipal Code (herein referred to as the "Code"), to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines") and, pursuant to Section 15332 of the CEQA Guidelines, is 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 an eight-lot, single-family residential subdivision with a deviation in zoning development standards pertaining to lot width, does find and determine the following facts: - 2 - PC2014-*** 1. The Proposed Project is properly one for which a conditional use permit is authorized under Section 18.04.160 (Development in the RS-4 Zone) of Chapter 18.04 (Single- Family Residential Zones) of the Code to provide for and encourage the development of high- quality residential units on small lots in order to provide additional housing choices and use land efficiently and to implement the Low-Medium Density Residential land use regulations in the General Plan; and 2. The Proposed Project, with the modifications of certain standards described herein below and under the conditions imposed, will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. The Proposed Project is compatible with existing and surrounding land uses in the vicinity of the Property; and 3. With the modifications of certain standards described herein below and under the conditions imposed, the size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health, safety and general welfare of the public. The Proposed Project maintains good overall project design to enhance the privacy and livability for residents within and around the Property and the Proposed Project; 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 Proposed Project has been designed to accommodate the required on and off site parking, vehicular circulation, and trash collection; 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. WHEREAS, Section 18.04.160 (Development in the RS-4 Zone) of Chapter 18.04 (Single-Family Residential Zones) of the Code requires the Planning Commission to review development in the "RS-4" (Single-Family Residential) Zone using the "Guidelines for Small- Lot Development" and to make certain additional findings before the Planning Commission may approve a conditional use permit; and WHEREAS, the applicant has submitted a site plan for the Proposed Project, proposing 42 to 46 foot lot widths; and WHEREAS, upon review of the Proposed Project using the "Guidelines for Small-Lot Development", the Planning Commission hereby finds and determines as follows: 1. The uses within the Proposed Project are compatible because all proposed uses are residential and consistent with the existing neighborhood characteristics. 2. The proposed structures related to the Proposed Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area and will conform with the provisions of the proposed"RS-4" (Single-Family Residential) Zone once the Property has been reclassified as such. The impact upon the surrounding area is minimal because the Proposed Project will provide an aesthetically pleasing point of entry, streetscape, and quality units which enhances the overall community. - 3 - PC2014-*** 3. Vehicular and pedestrian access is adequate to allow safe ingress and egress into the site. 4. The Proposed Project is consistent with the Guidelines for Small-Lot Development. 5. The construction of an eight-lot, single-family residential subdivision with modified development standards pertaining to lot width will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because surrounding properties are also developed with residential uses with compatible densities. 6. 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. 7. The Proposed Project complies with the General Plan and will comply with Tentative Tract Map No. 17700 and the Subdivision Map Act, provided that Tentative Tract Map No. 17700 is approved concurrently with the adoption of this Resolution. 8. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05720, contingent upon and subject to (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS-4" (Single-Family Residential) Zone in accordance with Reclassification No. 2013-00254, (2) approval of Tentative Tract Map No. 17700, now pending, and (3) the conditions of approval set forth 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. - 4 - PC2014-*** 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. 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 June 30, 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 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 30th day of June, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 102935-v2/TReynolds - 6 - PC2014-*** - 7 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05720 (DEV2013-00056) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 The water quality management plan shall be submitted for review and approval to Public Works, Development Services. Public Works, Development Services 2 The property owner shall execute a drainage acceptance agreement to allow the drainage from the development to continue to flow south to the remainder property not included within the final map. Such agreement shall be recorded in the Office of the Orange County Recorder. Public Works, Development Services PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 3 All individual residential units shall have addressing readily readable from the street, indicating the address of that unit. All addressing shall be free from obstruction and either well lit during hours of darkness or of a highly contrasting color to its background. Police Department 4 All exterior doors shall have adequate security hardware, e.g. deadbolt locks. Police Department 5 Wide-angle peepholes or other viewing device shall be designed into all dwelling-unit front doors and all solid doors where exterior visibility is compromised. Police Department 6 Door 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. Police Department 7 Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Police Department 8 Prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. Public Works, Development Services - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 Plans shall be submitted showing stop control for the private street at Euclid Avenue. A stop sign shall be installed and stop legend shall be painted in the eastbound direction at Euclid Avenue prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works, Development Services 10 The developer shall submit for review and approval a sewer plan and profile for construction of the private sewer system. The private sewer improvements shall be completed prior to final building and zoning inspection. Public Works, Development Services PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 11 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules and Regulations. Public Utilities – Water Engineering 12 Water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities – Water Engineering 13 The developer/owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate 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 14 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C,C & R’s for the project and the City easement deeds. Public Utilities – Water Engineering 15 A private water system with separate water service for fire protection and domestic water shall be provided. Public Utilities, Water Engineering 16 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 Water Public Utilities – Water Engineering - 9 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Engineering Division of the Anaheim Public Utilities Department. 17 A Landscape Documentation Package, a Certification of Completion and a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 relating to landscape water efficiency. Public Utilities – Water Engineering 18 All existing water services and fire services 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 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. Public Utilities – Water Engineering 19 The Owner 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 mains and 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 and included and recorded in the Master CC&Rs for the project. Public Utilities – Water Engineering PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING 20 Electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Utilities Department to establish electrical service. Public Utilities – Electrical Engineering PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 21 Fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Fire Department 22 The developer shall complete all improvements on Euclid Street and the private street, including accessible curb ramps with truncated domes on both sides of the private street in conformance with Standard Detail 111-3. Public Works, Development Services - 10 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 23 The applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works, Development Services 24 All required street, landscaping, irrigation, sewer and drainage improvements shall be constructed prior to final building and zoning inspections and are subject to review and approval by the Construction Services inspector. Public Works, Construction Services GENERAL 25 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department 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 - 11 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 27 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 28 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 11, and as conditioned herein. Planning Department Justification Letter for Conditional Use Permit and Tentative Tract Map TTM 17700 added to current application DEV2013-00056 May 23, 2014 1619 S. Euclid Street (A.P. 128-522-035, 128-522-036) SILVEROAK Investment Corporation Current application DEV 2013-00056 includes request for Reclassification of the subject property from Transitional (T) to RS-4. In accordance with the RS-4 Zone requirements, we wish to include a Conditional Use Permit request to establish comprehensive site design and setback lines for our proposed 8 single family dwelling development. The application is also requested to include our formal filing for a land subdivision through Tentative Tract Map TTM 17700 to subdivide the existing project site into 8 single family lots, and 2 HOA lots and one private street lot. Tentative Tract Map TTM 17700 Please amend our application to include this formal filing for a Tentative Tract Map to subdivide the existing .799 acre project site into 8 single family lots, 2 landscaped HOA lots adjacent to Euclid Street ROW, 2 internal HOA lots and one private street lot. Proposed density is 8.0 du/ac. The average lot size proposed is 4,208 SF for a conventional single family residential neighborhood design. The design provides a right of way dimension of 47’ on the east / west street and incorporates 36’ curb to curb pavement dimension with a 4’ parkway and a 4’ sidewalk on the north side. The design also provides a three (3) foot landscape parkway adjacent to the south property wall. Although the project provides off-street parking to satisfy requirements of the municipal code without any street parking, in order to enhance the livability of the neighborhood we propose to provide street parking on both sides of the east / west street through the 36 foot wide pavement adjacent to lots 1 – 8. The proposed subdivision design and proposed improvements is consistent with the City’s General Plan for Low – Medium Density designation with density allowance up to 18 du/ac. Conditional Use Permit- RS-4 Zone ( A.P. 128-522-035, 128-522-036) Per Anaheim Municipal Code 18.04.160, all development in the RS-4 Zone shall be subject to the approval of an application for a conditional use permit approved by the Planning Commission. Therefore, we respectfully request consideration of this 8 unit detached single family residential subdivision proposal to include a request for Planning ATTACHMENT NO. 5 Commission review and approval of our site plan through a conditional use permit per Section 18.66 of the Anaheim Municipal Code. In support of this request, the proposed project complies with development standards specified in Section 18.04.160 related to maximum density of 18 du/ac; whereas the proposed project’s density is 8 du/ac. The project exceeds the minimum floor area requirements of the RS-4 Zone, with two floor plans proposed. Plan 1- 2,853 SF (first floor- 1,304 SF; second floor 1,550 SF, garage 421 SF, outdoor living 284 SF, porch 99 SF) Plan 2- 2,978 SF (first floor- 1,341 SF; second floor 1,637 SF, garage 421 SF, outdoor living 263 SF, porch 59 SF) The resulting individual lot coverage is compliant with the 50% maximum building site coverage prescribed within RS-4 development standards: Plan 1- approximately 48% building site coverage (1,923 sf); Plan 2- approximately 49% building site coverage (2,084 sf). The lot average is 4,208 sf. Although setbacks are established by this CUP process, the proposed setbacks demonstrated on the application site plan generally comply with the minimum setbacks specified for RS-4 Zone. Nonetheless, our project proposes: Front yard setback of 10 feet to the home and or porch for the back of sidewalk on lots 1 – 8; Side yard setbacks typically total 10 feet with the exception of the Plan 2 entry which reduces the total setback to 8’ 6” for a portion of the side yard; Rear yard setbacks are typically 15 feet with a portion of the first and second floors encroaching to 10 feet; The proposed single family dwelling building height for Plan 1 is 26’ 6” and Plan 2 is 27’ 1”. The project as proposed provides four (4) off-street parking spaces for each dwelling within a 2-car enclosed attached garage with full length driveway 20 feet that provide 2 off-street spaces in each driveway of every dwelling. Although the project provides off- street parking to satisfy requirements of the municipal code without any street parking, in order to enhance the livability of the neighborhood we propose to provide nine (9) street parking spaces on both sides of the street through the 36 foot wide pavement section. Through the proposed design, with nine (9) on-street parking spaces the parking provided is 5.12 spaces per dwelling. The proposed project will not adversely affect adjoining land uses, as the use is consistent with the adjacent uses and allowable density for the site. The proposed project provides a compatible traditional single family residential design and is compatible and consistent with the adjoining single family units to the north of the site. The adjacent land uses to the east, west and south are not adversely affected by our proposal. The proposed site is large enough and able to accommodate the proposed project design without negatively affecting the residential area and surrounding areas. We believe that the design and improvements, with conditions of approval for site improvements that the site is physically suitable for the proposed density of development, that the proposed subdivision map does not conflict with any existing easements, and that access is restricted to Euclid Street and therefore should be recommended for approval. Finally, approval of this conditional use permit with conditions of approval will not harm the health and safety of the citizens of Anaheim by the very nature that this is a proposal for a residential project in a residential area that is consistent with surrounding development and infrastructure. If there are any additional materials or information required, please notify me immediately. Please contact me directly should you have any questions 949-254-0135. Respectfully, Jeff Weber SILVEROAK Capital Corporation PROJECT SUMMARY Development Standard Proposed Project RS-4 Standards Site Area 1.23 acres - Density 8 du/ac 18 du/ac max. Lot Area* 4,074 to 4,614 square feet Subject to 18.04.160 Established by CUP Lot Width* 1 lot at 42 feet 7 lots at 46 feet Subject to 18.04.160 Established by CUP Building Height* Up to 28 feet 3 inches 30 feet or 2 stories max. Floor Area* Two Bedrooms: 2,853 sq. ft. Three Bedrooms: 2,978 sq. ft. 1,225 sq. ft. min. Maximum Site Coverage* 48-49% 50% max. Front Landscape Setback* 10 feet proposed 10 feet min. Side yard Setback* 5 feet 5 feet min. Rear yard setback* 15-17 feet 15 feet min. Parking 4 on-site parking spaces per unit (2 garage spaces and 2 spaces in front of garage) 9 on-street parking spaces 4 on-site parking spaces per unit min. (2 garage spaces and 2 spaces in front of garage) *May be established or modified by CUP 1 2/26/04 GUIDELINES FOR SMALL -LOT DEVELOPMENT CONTENTS: A. PURPOSE. B. APPLICABILITY C. RELATIONSHIP WITH ADJACENT USES. D. INTERNAL CIRCULATION. E. ALLEYS. F. MASSING AND ARTICULATIONS. G. SOUND WALLS AND ENTRY FEATURES. H. ENTRIES, PORCHES, AND TRELLISES. I. FENCING. J. LANDSCAPING. K. TOT LOTS, PARKS AND OPEN SPACE. A. PURPOSE. The purpose of the Design Guidelines for Small-Lot Development is to provide guidelines for reviewing development in the “RS-4” Single-Family Residential Zone. B. APPLICABILITY. These guidelines shall be used for all development requiring a conditional use permit approval in the “RS-4” Zone. The guidelines, as tailored to a specific project, may be imposed as conditions of approval and/or may be the basis for more specific conditions of approval. C. RELATIONSHIP WITH ADJACENT USES. .01 Project designs should connect into the adjacent neighborhoods and provide for future connections to currently undeveloped properties via streets or pedestrian and bike paths. .02 Projects adjacent to existing or future retail properties should provide auto, pedestrian and bicycle access to adjacent developments, coordinating with walkways and plaza locations. .03 Projects should be designed with residences facing existing streets, eliminating street-facing rear yard fences or sound walls where appropriate, unless the traffic or acoustic impacts are significant and cannot be feasibly addressed by the Small-Lot Guidelines building design. Frontage roads are encouraged where appropriate and along arterial highways to discourage multiple driveways. .04 Pedestrian, bike and visual connections should be made wherever auto connections are infeasible due to traffic, physical constraints or other considerations. .05 Measures should be taken, such as the arrangement of second-story windows, use of opaque glass, additional landscape screening, and/or increased second-story setbacks, to ensure privacy when adjacent to existing single-family homes. D. INTERNAL CIRCULATION. .01 Public streets are strongly encouraged for all but the most minor streets, such as those serving fewer than six residences. .02 At a minimum, one public street should be constructed within any small-lot development of over 11 dwelling units or one acre. This street should connect to adjacent roads or parcels at a minimum of two locations creating a through-street condition wherever feasible without creating shortcuts. .03 Dead-end streets without cul-de-sacs are strongly discouraged. .04 Internal street layout should provide loop circulation wherever possible. .05 Where loop street connections are not feasible, pedestrian and bike paths may be used as shortcuts to make walking and biking more convenient. .06 Internal street and path layouts should connect to landmarks or amenity features such as parks or community buildings, tot lots, or stands of major tree(s). .07 Streets and paths should focus on important vistas such as community buildings, mountains, trees, or open spaces. .08 Where private streets are used, they should generally meet public street standards, such as landscaping, sidewalks and on-street parking. .09 Traffic calming measures, such as neckdown curbs and use of medians, should be used to increase pedestrian safety, especially at primary intersections, parks and common spaces, and tot lots. .10 Residentially scaled streetlights, separated sidewalks with street trees within planting strips or in tree wells and accent paving at neighborhood entries and crosswalks are strongly encouraged. .11 Streets serving more than six homes should have on-street parking and sidewalks on each side of the street. .12 Where on-street parking is limited to a single side of the street, a sidewalk should be provided on that side. .13 Separated sidewalks with street trees or decorative tree grates are strongly encouraged for primary circulation and collector streets. Small-Lot Guidelines .14 Locations and access for refuse pick-up should be provided such that the pick- up location is in close proximity to the unit. E. ALLEYS. .01 Alleys are appropriate where developments face major streets to which driveway access is not allowed but homes oriented to the street are desirable, where the greatest amount of on-street parking is needed because visitor parking is in high demand, and where it is desirable to allow homes to front tot lots, parks or open space without a road separating the homes from such features. .02 Alley design principles: • Alleys should be straight so that people can see from one end to the other; • Dead-end alleys should be less than 100 feet long; • Alleys should have special accent paving; • Landscaping should be consistent with the rest of the development project, with a 4-foot landscape strip adjacent to and on both sides of the alley and a minimum of one tree at the rear of each lot; and • Each lot should provide alley lighting from either building or pedestal lighting. F. MASSING AND ARTICULATIONS. .01 The building facades should be varied through articulation of elements such as bays and dormers. Changing materials on these elements provides further articulation and add variety. .02 The building facades should be varied through the use of more than one type of building material and color palette within the project. .03 The roofs should be varied through the use of more than one type of primary roof material and more than one type of roof design within the project. .04 The floor plans of the individual units should be varied within the project. .05 The front of the garage should not extend beyond the front of the remainder of the house and, if possible, should be set back from the front of the house. .06 A variety of garage locations should be considered in order to avoid monotony in the overall design. .07 Each home should have a vertical element to its massing, such as a bay, corner turret or dormer, based on the architectural character. .08 The project should include a minimum of one single-story house on each side of each block. Small-Lot Guidelines G. SOUND WALLS AND ENTRY FEATURES. .01 Perimeter residences which are part of new developments should be oriented to existing streets, minimizing the extent of sound walls or rear yard walls, except where necessary due to acoustical requirements. Frontage roads are preferred in lieu of soundwalls wherever possible. .02 Understated entry features are desirable, to integrate the projects into the neighborhood rather than differentiate developments. Accent landscaping and trellises to set off development entries are more desirable than walls or structures. .03 Berming along soundwalls should create the appearance of walls no taller than six feet. Additional landscape setbacks, street trees and accent trees at entries are strongly encouraged to improve the appearance of the soundwalls. H. ENTRIES, PORCHES, AND TRELLISES. .01 Entries and porches are strongly encouraged to be the primary element of each home on the street facade. .02 Entries and porches should be oriented to the street corners. At corner lots, side yard facades should maintain the architectural design consistent with the front facade. Wrap-around porches are encouraged on corner lots. .03 Porch and entry features should primarily be single-story elements, or incorporated into two-story vertical elements to break up the building mass along the street. .04 Entries and porches should be sized for a small seating area for chairs or a bench outside of the main entry circulation path. .05 Railings, short walls, trellises and roofs all add architectural detail and character to the residences, providing visual interest to the homes. .06 Trellises should be used to provide privacy, especially when used as a framework for landscape vines, and to provide shade from the hot summer sun. I. FENCING. .01 Fencing at corner lots should begin at or near the back end of the building. .02 Fences that are visible from the street should have additional detailing to provide visual interest. .03 Front-yard fences should correspond to the style of architecture of the dwelling unit. .04 Partially transparent fencing adds interest while maintaining privacy. .05 Accents at gates, such as arched gates or arbors, add visual interest and demarcation to entrances. Small-Lot Guidelines .06 Extended trellises and grills at small rear patios are encouraged to provide privacy to and from neighbors. .07 Low walls or fences (3-feet high) are encouraged at front or side yard patios, where desired, in lieu of porch railings, etc. J. LANDSCAPING. .01 There should be an equal number of individual front yard landscape palettes, varying in style, color and general appearance, as home models or unit types for each development. .02 Front yard landscaping which reinforces other design elements of the home, such as vines on trellises, hedges or low fences and walls, is strongly encouraged. .03 Where consistent planting is used, such as in parking courts, areas for landscaping by each resident should be provided to add individual variety. K. TOT LOTS, PARKS AND OPEN SPACE. .01 Common open space, such as tot lots, parks with or without recreation buildings, and swimming pools, should be provided for developments of 15 units or greater. .02 Common open space should be centrally located to be shared by the neighborhood and be easily viewed from the street and homes for informal surveillance and security. .03 Setbacks should be increased to provide for additional private open space if common open space is not provided. .04 Tot lots and parks are encouraged as common open space. They should be designed to facilitate use by a number of different ages or activity groups concurrently, such as for small gatherings, and may include small barbeques and ample seating and tables. Play equipment is desirable, as is a lawn area with seating and tables in the larger play areas. A low transparent fence should enclose tot lot areas. 5'7%.+&564''6 6'06#6+8'64#%6 %+6;1(#0#*'+/ #0#*'+/%#.+(140+# &#6'ÄÄ 5*''61( 24'2#4'&(14#22.+%#0624'2#4'&$; %QPVCEV,QJP'&KGTMUGP 6'06#6+8'64#%6 5%#.' %QPVCEV,GHH9GDGT SILVEROAK INVESTMENT CORP. ATTACHMENT NO. 8 5'7%.+&564''6 6'06#6+8'64#%6 %+6;1(#0#*'+/ #0#*'+/%#.+(140+# &#6'ÄÄ 5*''61( 6'06#6+8'64#%6 5%#.' 6'%*+0+%#.5+6'2.#0 70+65 24'2#4'&(14#22.+%#0624'2#4'&$; %QPVCEV,QJP'&KGTMUGP %QPVCEV,GHH9GDGT SILVEROAK INVESTMENT CORP.'7%.+&#8'8#40#56ATTACHMENT NO. 9 ATTACHMENT NO. 10 LOT 2MODEL 1FFE. 000.00PAD 116.80LOT 1MODEL 2RFFE. 000.00PAD 116.80MATCHLINEMATCHLINEMATCHLINECRAPE MYRTLEMIN. 24" BOXTRISTANIA CONFERTAMIN. 15 GAL.CINNAMOMUM CAMPHORAMIN. 24" BOXMAGNOLIA 'LITTLE GEM'MIN. 24" BOXRTONE'5 GAL.PLAIN CONCRETE SIDEWALKWITH A BROOM FINISH (TYP.)PLAIN CONCRETE DRIVEWAYWITH A BROOM FINISH (TYP.)PLAIN CONCRETE ENTRYSTOOP & WALK WITH ANACID WASH FINISH (TYP.)MIN. 6 FT. HIGH SPLITFACEBLOCK MASONRY SCREENWALL & PILASTERS WITH APRECISION BLOCK CAP(TYP. ALONG EUCLID)5'=6" TALL VINYL FENCEWITH 3 FT. WIDE GATE(TYPICAL)5'=6" TALL VINYL FENCE(TYPICAL)MIN. 6 FT. HIGH SPLITFACEBLOCK MASONRY PILASTERWITH A PRECISION BLOCKCAPHPLAIN CONCRETE SERVICEWALK WITH A BROOM FINISH(TYP.)ARTIFICIAL TURF IN PARKWAY& FRONT YARDS (TYP.)CONTAINER SHRUBS & VINESWITH BARK MULCH (TYP.)CONTAINER SHRUBS & VINESWITH BARK MULCH (TYP.)CITY OF ANAHEIM ROBERT MITCHELL & ASSOCIATES(RMA JOB NO. 1169P)Robert A. Mitchell21SILVEROAK INVESTMENT CORP.19100 Von Karman, Suite 400Irvine, California 92612(949) 254-0135Contact: Jeff WeberDATERENEWAL DATESIGNATURES TATE OF CALIFORNIALICENSED LANDSCAPE ARCH I T E CT ROBERT A. MITCHELL - LICEN S E #14158/31/1417700TRACT No.0'5'SCALE10' 20'PRELIMINARY LANDSCAPE PLAN1"=10'-0"L-1SEE SHEET L-2 LOT 8MODEL 1FFE. 000.00PAD 115.60LOT 7MODEL 2RFFE. 000.00PAD 115.70LOT 6MODEL 1FFE. 000.00PAD 115.90LOT 5MODEL 2RFFE. 000.00PAD 116.20LOT 4MODEL 1FFE. 000.00PAD 116.40LOT 3MODEL 2RFFE. 000.00PAD 116.60MATCHLINEMATCHLINEMATCHLINEMAGMIN. CUPANIOPSIS ANACARDIOIDESMIN. 24" BOXPYRUS 'ARISTOCRAT'MIN. 24" BOXRHAPHIOLEPIS 'MAJESTIC BEAUTY'MIN. 15 GAL.ERIOBOTRYA 'COPPERTONE'MIN. 15 GAL.CINNAMOMUM CAMPHORAMIN. 24" BOXTRISTANIA CONFERTAMIN. 15 GAL.PLAIN CONCRETE SIDEWALKWITH A BROOM FINISH (TYP.)PLAIN CONCRETE DRIVEWAYWITH A BROOM FINISH (TYP.)PLAIN CONCRETE ENTRYSTOOP & WALK WITH ANACID WASH FINISH (TYP.)5'=6" TALL VINYL FENCEWITH 3 FT. WIDE GATE(TYPICAL)5'=6" TALL VINYL FENCEWITH 3 FT. WIDE GATE(TYPICAL)5'=6" TALL VINYL FENCEWITH 3 FT. WIDE GATE(TYPICAL)5'=6" TALL VINYL FENCE(TYPICAL)5'=6" TALL VINYL FENCE(TYPICAL)MIN. 6 FT. HIGH SPLITFACEBLOCK MASONRY PILASTERWITH A PRECISION BLOCKCAPPLAIN CONCRETE SERVICEWALK WITH A BROOM FINISH(TYP.)PLAIN CONCRETE SERVICEWALK WITH A BROOM FINISH(TYP.)ARTIFICIAL TURF IN PARKWAY& FRONT YARDS (TYP.)ARTI& FROCONTAINER SHRUBS & VINESWITH BARK MULCH (TYP.)CONTAINER SHRUBS & VINESWITH BARK MULCH (TYP.)CONTAIWITHEXISTING MASRONY WALLCITY OF ANAHEIM ROBERT MITCHELL & ASSOCIATES(RMA JOB NO. 1169P)Robert A. Mitchell21SILVEROAK INVESTMENT CORP.19100 Von Karman, Suite 400Irvine, California 92612(949) 254-0135Contact: Jeff WeberDATERENEWAL DATESIGNATURES TATE OF CALIFORNIALICENSED LANDSCAPE ARCH I T E CT ROBERT A. MITCHELL - LICEN S E #14158/31/1417700TRACT No.0'5'SCALE10' 20'PRELIMINARY LANDSCAPE PLAN1"=10'-0"L=2FOR LEGEND & NOTES, SEE SHEET #SEE SHEET L-1 200 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: JUNE 30, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 3693 LOCATION: 1011 North Harbor Boulevard APPLICANT/PROPERTY OWNER: The applicant and owner is Calvary Chapel Open Door, represented by Pastor Don Hoag. REQUEST: The applicant requests approval of an amendment to a conditional use permit to retain a private school in conjunction with an existing church. RECOMMENDATION: Staff recommends 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 an amendment to Conditional Use Permit No. 3693. BACKGROUND: This property is developed with a church. The property is 0.76 acres and is located in the General Commercial (C-G) zone. The General Plan designates the property for General Commercial land uses. Surrounding uses include single-family residences to the north, a convenience market, senior care facility and self-service car wash to the south, La Palma Park to the east, across Harbor Boulevard, and a City of Fullerton water facility to the west. Conditional Use Permit No. 3693, to permit a church, including onsite food collection and distribution, was approved by the Planning Commission in 1994. Conditional Use Permit No. 2003-04679, to permit an overflow parking lot for the church on the adjacent property to the west, was approved in 2003. The property where overflow parking occurs is owned by the City of Fullerton and is also used as a water well and pumping facility. The church has an ongoing agreement with the City of Fullerton to lease the parking lot for the church. In 2007, an interior expansion of the church’s assembly area and offices was approved by the Planning Commission. PROPOSAL: The applicant proposes to operate a private school in conjunction with the existing church. This application was filed as a result of a Code Enforcement action relating to the operation of an unpermitted private school. The existing private school is a small, home-school based academy for students in grades K-12 and operates within the church’s existing classrooms and conference room. Current enrollment for the school is 25 students. As part of this application, the applicant proposes to convert approximately 1,500 square feet of unimproved mezzanine area into three additional AMENDMENT TO CONDITIONAL USE PERMIT NO. 3693 June 30, 2014 Page 2 of 2 classrooms, a game room, office, and staff lounge. An existing playground is provided immediately behind the church building. Hours of operation for the school are Monday through Friday from 9:00 a.m. to 3:00 p.m. as described in the letter of request included as Attachment 3. No modifications to the exterior of the building are proposed. ANALYSIS: The Zoning Code permits churches with incidental educational uses in this zone subject to approval of a conditional use permit. The purpose of the conditional use permit is to ensure compatibility with surrounding uses. Church services are held on Sundays and a mid- week Bible service is held on Thursday evenings. As a result, the school use does not overlap with church services or bible study. The Code requires 108 parking spaces for the church facility, based on the size of the sanctuary and office areas. The school requires nine parking spaces based on the number of proposed classrooms and employees. Because the school will not be in operation when church is in session, the parking requirement for the property is based on the church operation. A total of 112 parking spaces are provided; therefore, the supply of parking exceeds the Code requirement. CONCLUSION: Staff believes that the addition of a small private school is compatible with the church and the surrounding uses. In addition, the site is large enough to accommodate the use and an ample amount of parking is provided. Staff recommends approval of the conditional use permit. Prepared by, Submitted by, Elaine Thienprasiddhi Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Conditional Use Permit Draft Resolution 3. Applicant’s Letter of Operation 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 website at www.anaheim.net/planning. 4. Site and Floor Plans 5. Site Photographs C-GRELIGIOU SUSE C-GANAHEIM GAR DE NSRETIREMENT CARE CENTER RM-4HORACE MAN NELEMENTARY SC HO O L RM-3SINGLE FAMILY RE SID EN CE C-GRETAIL RM-3DUPLEX PROFFICE S TLA PA LMA PA RK& STADIUM RS-2SINGLE FAMILY RE SID EN CE C-GRESTAURA NT TCITY OF FULLERTONWATER W ELLS & PU MPING PLANT C-GMEDICAL OFFIC E RS-2SI NGLE FAMI LY RESI DENCERM-4WILDWOODAPTS25 D U C-GHALFWAYHOUSE C-GRETAIL C-GAUTOREPAIR RS-2SI NGLE FAMI LY RESI DENCERS-2SINGLE FAMILY RE SID EN CE RS-2SINGLE FAMILY RE SID EN CE C-GCAR WAS H C-GRETAIL N HARBOR BLVDW LA PALMA AVE W V ICTO R AVE W JUL IAN NA S T N HELENA STN LA PALMA PARK WAY N HOMER STN. EUCLID STW. LA PALMA AV E N. EAST STE. LA PALMA AVE E . L I N C O L N A V EN.ANAHEIMBLVDN. HARBOR BLVD101 1 No rth Ha rbo r Bou lev ar d D E V 20 13 -0 00 2 7 Su bje ct Property APN: 271-082-25 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 N HARBOR BLVDW LA PALMA AVE W V ICTO R AVE W JUL IAN NA S T N HELENA STN LA PALMA PARK WAY N HOMER STN. EUCLID STW. LA PALMA AV E N. EAST STE. LA PALMA AVE E . L I N C O L N A V EN.ANAHEIMBLVDN. HARBOR BLVD101 1 No rth Ha rbo r Bou lev ar d D E V 20 13 -0 00 2 7 Su bje ct Property APN: 271-082-25 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3693 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00027) (1011 NORTH HARBOR BOULEVARD) WHEREAS, on August 16, 1994, the Anaheim City Council adopted Resolution No. 94R-207 to approve Conditional Use Permit No. 3693 for three (3) years, to expire on June 27, 1997, to permit a church including on-site food collection, distribution and storage facilities in conjunction with church-related activities with a waiver of the minimum number of required parking spaces (herein referred to as the "Original CUP") on that certain real property located at 1011 North 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, on August 18, 1997, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") adopted Resolution No. PC97-120 to amend the conditions of approval of Resolution No. 94R-207 and reinstate Conditional Use Permit No. 3693 for an additional three (3) years, to expire on June 27, 2000; and WHEREAS, on June 19, 2000, the Planning Commission adopted Resolution No. PC2000-82 to amend, in their entirety, the conditions of approval of Resolution Nos. 94R-207 and PC97-120 and reinstated and removed the time limitation of Conditional Use Permit No. 3693; and WHEREAS, on September 17, 2007, the Planning Commission adopted Resolution No. PC2007-109 to amend, in their entirety, the conditions of approval of Resolution No. PC2000-82 to amend exhibits to permit the interior expansion of an existing church, adding approximately 1,300 square feet of assembly area and 1,500 square feet of office use; and WHEREAS, the Original CUP, together with the aforementioned amendments thereto, shall be referred to herein collectively as the "CUP". The conditions of approval which were the subject of the Original CUP, as amended by the aforementioned amendments thereto, shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, pursuant to Section 18.60.190 of the Anaheim Municipal Code ("Code"), the applicant filed a petition to amend the CUP to permit a private school and an interior expansion to the mezzanine, adding approximately 1,500 square feet of classroom, game room, office and staff lounge area to an existing church (herein referred to as the "Proposed Project"). Said amendment is designated as Conditional Use Permit No. 3693A; and WHEREAS, this Property is approximately 0.76 acres in size and is developed with a church facility. The Property is located in the General Commercial (C-G) Zone and is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for General Commercial land uses; and - 2 - PC2014-*** WHEREAS, on June 30, 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 in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 3693A, 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 pertaining to the request for Conditional Use Permit No. 3693A, does find and determine the following facts: 1. The request to permit a private school in an existing church is properly one for which a conditional use permit is authorized under subsection .040.0402 of Section 18.08.030 of the Code. 2. The private school and associated interior improvements in an existing church, under the conditions imposed, 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 private school will be compatible with the surrounding residential uses in the area. Further, the existing use has proven to be compatible with surrounding land uses within the area. 3. The size and shape of the Property is adequate to allow the full operation of the existing church and school because no exterior expansion of the building is proposed. Church services and related activities currently occur on the Property in a manner not detrimental to the particular area or to the health, safety and general welfare. Further, there is adequate parking to support the church and school, provided that they operate at different hours in accordance with a plan of operation submitted by the applicant with its application to amend the CUP. 4. The traffic generated by the use is negligible and would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. No significant intensification of church activity is associated with the addition of the private school. The additional classrooms for the school are for those persons already attending church services and related activities. 5. The granting of Conditional Use Permit No. 3693A under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an integrated land use that is compatible with the surrounding area. - 3 - PC2014-*** WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 3693A is hereby approved, thereb y amending the CUP, which approval is 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 subject Property in order to preserve the safety and general welfare of the citizens of the City of Anaheim. 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, shall control and govern the Property. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 3693A 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. - 4 - PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 30, 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 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 Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 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 30th day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 3693 (CONDITIONAL USE PERMIT NO. 3693A) (DEV2013-00027) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 60 DAYS OF APPROVAL OF THE PERMIT 1 The applicant has entered into a Lease Agreement with the City of Fullerton ("Fullerton"), whereby Fullerton agreed to lease land commonly known as 627 West La Palma Avenue to the applicant for the construction and use of a parking lot for the Property. Pursuant to the Lease Agreement, approximately 76 parking spaces exist and are available on Fullerton's land for the use of the applicant. Within sixty (60) days following the approval of Conditional Use Permit No. 3693A, the applicant shall cause to be recorded in the Official Records of the County of Orange a memorandum of lease, or such other document as the City Attorney finds satisfactory, that evidences the aforementioned Lease Agreement. A recorded copy of said memorandum shall be filed with the Planning Division within 90 days. Planning Department, Planning Services Division 2 The walls of the trash storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on minimum three-foot centers. Planning Department, Planning Services Division OPERATIONAL CONDITIONS 3 In order to ensure an adequate parking supply, the private school shall not operate at the same time as the church worship services. Planning Department, Planning Services Division 4 The church must have a minimum of 108 off-street parking spaces available for their use. Should the aforementioned Lease Agreement with Fullerton expire or otherwise be terminated, alternate off-street parking must be provided in compliance with Sections 18.42.050 (Location of Parking and Shared Parking Arrangements) and 18.42.120 (Shared Parking Permits) of the Code. Planning Department, Planning Services Division 5 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The Property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance and removal of trash or debris. Planning Department, Code Enforcement Division 7 Any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning Department, Code Enforcement Division 8 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. Planning Department, Code Enforcement Division GENERAL CONDITIONS 9 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. Planning Department, Planning Services Division 10 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 Division 11 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 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. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 30, 2014 SUBJECT: VARIANCE NO. 2014-04969 AND AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013-05654 LOCATION: 5520-5524 East La Palma Avenue (Chance Theater) APPLICANT/PROPERTY OWNER: The applicant is Casey Long, representing Chance Theater and the property owner is Frome Developments Omega, LLC. REQUEST: The applicant requests approval of an amendment to a conditional use permit t o permit the expansion of a live performance theater. The applicant also requests a variance to provide fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolutions, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1- Existing Facilities) and approving Variance No. 2014-04969 and an amendment to Conditional Use Permit No. 2013-05654. BACKGROUND: The 8.8-acre property is developed with a 124,930 square foot industrial complex and is located in the Northeast Area Specific Plan, Development Area 2 - Expanded Industrial (SP94-1, DA2) and in the Scenic Corridor Overlay zone. The General Plan designates this property for Low Intensity Office uses. Surrounding land uses include a retail center to the east, industrial uses to the west, an office building to the north, across La Palma Avenue, and the Santa Ana River to the south. A conditional use permit to allow a live performance theater was approved in 1999. In 2013, the Planning Commission approved a conditional use permit and determination of public convenience or necessity to allow the relocation of the theater to a larger unit on the same property, including the ability to serve alcoholic beverages to theater patrons. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013-05654 VARIANCE NO. 2014-04969 June 30, 2014 Page 2 of 3 PROPOSAL: The applicant proposes to expand the theater into an adjacent tenant space. The 6,000 square foot Chance Theater currently includes 150 seats, a lobby, offices, green rooms, restrooms and utility spaces. The 3,000 square foot expansion would accommodate a proposed scene shop, classroom and rehearsal space, a green room, a mezzanine, restrooms, and a smaller 60 seat theater. ANALYSIS: The theater expansion requires approval of a parking variance and a conditional use permit in order to determine compatibility with surrounding land uses. Parking Variance: The Zoning Code requires that parking requirements be calculated by combining the needs of the theater and the industrial uses within the complex. The theater and industrial uses require a total of 324 parking spaces; 124 spaces for the theater and 200 spaces for the industrial uses. The property currently has 305 spaces. The applicant has submitted a parking justification analysis that indicates Chance Theater performances take place on weekday evenings and weekends. The industrial uses on the property primarily operate Monday through Friday during regular business hours. Because the 305 parking spaces provided exceeds the 124 parking spaces required to accommodate the theater patrons, staff believes that the proposed number of parking spaces would be adequate for all uses on the site. A condition of approval has been included in the attached resolution prohibiting theater performances before 5 p.m., Monday through Friday. Chance Theater has been operating at this location for several years. Sharing the parking with the industrial businesses has been working well. There is adequate parking on-site to accommodate the theater expansion without impacting nearby businesses. Conditional Use Permit Amendment: An amendment to the previously-approved conditional use permit is required for the proposed expansion. The theater currently holds performances Wednesday through Sunday evenings and Saturday and Sunday afternoons. The proposed expansion would not affect these performance hours. The main theater and new smaller theater would have staggered show times. Because the facility would continue to host performances during evening and weekend hours, staff does not anticipate any conflicts with the surrounding retail and industrial uses. Chance Theater has been in operation for over 16 years and has consistently operated in a manner that is compatible with surrounding uses. The theater provides much needed cultural and educational opportunities to members of the community. Expansion of the theater would not impact the operations of the adjacent retail center, office building or industrial uses due to the limited hours of operation and availability of on-site parking. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013-05654 VARIANCE NO. 2014-04969 June 30, 2014 Page 3 of 3 CONCLUSION: The Chance Theater has been in operation at this location for several years and has demonstrated its ability to operate in a manner that is compatible with surrounding land uses. There is adequate parking to accommodate the proposed expansion. Staff recommends approval of the parking variance and amendment to the conditional use permit. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner Planning Services Manager Lilley Planning Group Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Previous Conditional Use Permit Resolution (March 25, 2013) 4. Applicant’s Request Letter 5. Parking Justification Letter 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. 6. Photographs 7. Site Plan 8. Floor Plan 9. Roof and Section Plan 10. Sign Plan SP 94-1 (SC )DA 2INDUSTRIAL SP 94-1 (SC )DA2INDUSTRIAL SP 94-1 (SC )DA5RETAIL SP 94-1 (SC )DA5CINEMACITYTHEATER SP 94-1 (SC)DA5RETAIL SP 94-1 (SC )DA5CINEMACITYTHEATER SP 94-1 (SC )DA2CANYONOFFICECENTER SP 94-1 (SC )DA2CANYONOFFICECENTER SP 94-1 (SC )DA 2INDUSTRIAL SP 94-1 (SC)DA 2INDUSTRI AL SP 94-1 (SC )DA 2INDUSTRIAL SP 94-1 (SC )DA5RETAIL T (SC)SAN TA AN A R IVE R SP 94-1 (SC )DA5RETAIL SP 94-1 (SC)DA5BANK SP 94-1 (SC )DA5SERVICESTATION SP 94-1 (SC )DA5RETAIL T (SC )SAN TA AN A R IVE R E LA PALMA AVE N IMPERIAL HWYE. LA PALMA AVE E .S A N T A A N A C A NYONRDE. ORANGETHORPE AVE E . S A N TA A N A C A N Y O N R D E.LAPALMAAVE552 0 - 5 52 2 Ea st La Palm a Ave nue D E V 20 14 -0 00 4 3 Su bje ct Property APN: 346-451-31 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 E LA PALMA AVE N IMPERIAL HWYE. LA PALMA AVE E .S A N T A A N A C A NYONRDE. ORANGETHORPE AVE E . S A N TA A N A C A N Y O N R D E.LAPALMAAVE552 0 - 5 52 2 Ea st La Palm a Ave nue D E V 20 14 -0 00 4 3 Su bje ct Property APN: 346-451-31 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2014-04969 AND AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013-05654 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00005C) (5520-5524 EAST LA PALMA AVENUE) WHEREAS, on March 25, 2013, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission"), by its Resolution No. 2013-030, (1) approved Conditional Use Permit No. 2013- 05654 (herein referred to as the "Original CUP") to permit a live performance theater at 5520- 5524 East La Palma Avenue in the City of Anaheim, County of Orange, State of California, and (2) determined that the public convenience or necessity will be served by the issuance by the California Department of Alcoholic Beverage Control ("ABC") of a Type 69 (Special On-Sale Beer and Wine Theater) license (herein referred to as "Public Convenience or Necessity No. 2013-00095" or the "Original PCN"); and WHEREAS, on December 16, 2013 and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2013-087, approved Conditional Use Permit No. 2013-05654B to amend the Original CUP to change the operation of the theater from a Type 69 (Special On-Sale Beer and Wine Theater) license to a Type 64 (Special On-Sale General Theater) license; and WHEREAS, the Original CUP and Conditional Use Permit No. 2013-05654B shall be referred to herein collectively as the "CUP". The conditions of approval which were the subject of the CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to amend the CUP to permit the expansion of a live performance theater in conjunction with Variance No. 2014-04969 to permit fewer off-street parking spaces than required by the Zoning Code ("Proposed Project") pursuant to Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code (“Code”). Said amendment is designated as Conditional Use Permit No. 2013-05654C; and WHEREAS, the premises for which the CUP and Original PCN were approved is located within a four-building industrial park, which is generally depicted on the map attached hereto as Exhibit A (the “Property”). The Property is located in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of the Code. The underlying base zone for the Property is the "I" (Industrial) Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "I" (Industrial) Zone. The Anaheim General Plan designates the Property for Office-Low land uses; and - 2 - PC2014-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 30, 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 (Procedures) of the Code, to hear and consider evidence for and against proposed and Variance No. 2014-04969 and Conditional Use Permit No. 2013-05654C, 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 does further find and determine that the request for a variance for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (324 spaces required; 305 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the live performance theater and industrial uses take place during separate hours and days of the week; 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of the proposed theater expansion and industrial uses; 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the theater will have performances on days and times when the industrial businesses are closed. Therefore, the on-site parking for the theater and industrial space will adequately accommodate peak parking demands of all uses on the site; That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and - 3 - PC2014-*** 4. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the theater and industrail buildings. 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 for Conditional Use Permit No. 2013-05654C, does find and determine the following facts: 1. The request to amend a conditional use permit to expand the live performance theater is properly one for which a conditional use permit is authorized, subject to the imposition of conditions of approval. 2. The request to amend the CUP, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with industrial buildings intended for employees with weekday hours and the theater use would function on evenings and weekends. 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. 4. The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the peak operating hours for the theater use will occur on evenings and weekends during periods of time when traffic going to and from adjacent businesses is low or neglible. 5. The granting of Conditional Use Permit No. 2013-05654C under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 4 - PC2014-*** NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Variance No. 2014-04969 and Conditional Use Permit No. 2013-04969C are hereby approved, thereby amending the CUP and permitting fewer off-street parking spaces than required by the Zoning Code for the Proposed Project. BE IT FURTHER RESOLVED that effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the CUP and this Conditional Use Permit No. 2013- 04969C shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 2013- 04969C. BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the Property under Variance No. 2014-04969 and Conditional Use Permit No. 2013-04969C 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 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. 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. - 5 - PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 30, 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 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 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 30th day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 6 - PC2014-*** - 7 - PC2014-*** EXHIBIT “B” VARIANCE NO. 2014-04969 AND CONDITIONAL USE PERMIT NO. 2013-05654C (DEV2013-00005C) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1. Due to the change in the use and/or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including all applicable building codes as adopted by the City. The appropriate permits shall be obtained for any necessary work. Planning Department, Building Division 2. All requests for new water serices 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 Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division OPERATIONAL CONDITIONS 3. Prior to operation of the expanded theater and at any point thereafter, security measures shall be provided to the satisfaction of the Anaheim Police Department to Police Department 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 premises. Police Department, Planning & Research Unit 4. No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division 5. The trash enclosure shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Public Works Department, Streets and Sanitation 6. Performances shall not begin before 5 p.m., Monday through Friday. Planning Department, Planning Services Division 7. The theater shall be limited to a maximum of 210 seats. Planning Department, Planning Services Division - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8. The performances shall be limited to theatrical dramas, comedies, musicals and plays; and that activities at this business shall not trigger a requirement for a sex-oriented business permit, as set forth in Chapter 18.54 of the Anaheim Municipal Code. Planning Department, Planning Services Division 9. There shall be no exterior advertising or sign of any kind or type, including advertising directed Police Department to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department, Planning & Research Unit 10. Any and all security officers provided shall comply with all State and Local ordinances regulating their Police Department services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code). Police Department, Planning & Research Unit 11. Applicant shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police Department, Planning & Research Unit 12. The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code). Police Department, Planning & Research Unit 13. All entertainers and employees shall be clothed in such a way as not to be in violation of Section 7.16.060 of the Anaheim Municipal Code. Police Department, Planning & Research Unit 14. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 15. All activities related to the use shall occur indoors, except as may be permitted by an authorized Special Event Permit. Planning Department, Code Enforcement Division - 9 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16. No outside storage of equipment/furniture shall be permitted. Planning Department, Code Enforcement Division 17. Address numbers shall be positioned so as to be readily readable from the street. Number shall be illuminated during hours of darkness. Front and rear entrance doors shall be numbered with the same address numbers or suite number of the business. The address number shall be a minimum height of four inches. Police Department, Planning & Research Unit 18. 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, Planning Services Division GENERAL CONDITIONS OF APPROVAL 19. Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department, Planning Services Division 20. 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 Division - 10 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21. 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 22. 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 Division ATTACHMENT NO. 3 ATTACHMENT NO. 4 Creating a more compassionate, connected and creative Orange County Planning Department City of Anaheim 200 S. Anaheim Blvd, Suite 162 Anaheim, CA 92805 June 6, 2014 Subject: Parking Letter for Conditional Use Permit Application Chance Theater is currently working to expand its facilities into 5520 E. La Palma Avenue. The property is part of an industrial complex, and would include a small performance space. The parking necessary for the additional audience members will be accommodated by the fact that the other businesses that operate in the same complex have very different hours than Chance Theater. We will be using the parking spaces primarily on weekday evenings and weekends, the times that the other businesses are closed. If you have any further questions, please contact me at (714) 900-3284. Sincerely, Casey Long Managing Director CHANCE THEATER @ BETTE AITKEN theater arts CENTER 5522 E. La Palma Ave. Anaheim, CA 92807 (888) 455-4212 www.ChanceTheater.com Mailing Address: P.O. Box 3309 Orange, CA 92857 BOARD OF DIRECTORS Mary Kay Fyda-Mar, Chair Scott B. Well, Vice-Chair Larry Cripe, Treasurer Guy W. Marr, Immediate Past Chair Mary Beth Adderley Martin Benson Susie Dittmar Bruce Goodrich Andy Lamb Casey Long Oanh Nguyen Terry Schomburg Laurie Smits Staude Georgia Well RESIDENT ARTISTS Oanh Nguyen, Artistic Director Casey Long, Managing Director Erika C. Miller, Development Director Masako Tobaru, Production Manager Teodora Ramos, Master Carpenter Jeff Hellebrand, Box Office Associate Jocelyn A. Brown, Assoc Artistic Director Jennifer Ruckman, Literary Manager Courtny Greenough, Company Manager Marc Sanford, Assoc House Manager Alex Bueno Bill Strongin Kelly Todd Karen Webster Sherry Domerego Laura M. Hathaway David McCormick James McHale Christopher Scott Murillo Jackson Tobiska ATTACHMENT NO. 5 NOPARKINGVANC11"=80'-0"PHOTO LOCATIONSBUILDING-1BUILDING-3BUILDING-4BLDG-2Tel: (877) 840-5488 Fax: (714) 840-044616421 Wimbledon LaneHuntington Beach, CA 92649E-Mail: elliottarc@socal.rr.comElliott AssociatesChanceTheaterChanceTheaterEXPANSION5520 E. LA PLAMA AVE.ANAHIEM, CA 928071Exterior of Proposed Project2Building 1 Looking Southeast4Building 2 Looking Southeast678BUILDING 3 Looking South10Building 1 Looking Southwest11Building 1 Looking South12Building 1 Chance Theater13359ATTACHMENT NO. 6 NOPARKINGVANA11"=40'-0"SITE PLANBUILDING-15520 - 5552BUILDING-25556 - 5576BUILDING-35578 - 5592BUILDING-45594 -5620NOPARKINGVANA41/8"=1'-0"PARTIAL PARKING PLANTel: (877) 840-5488 Fax: (714) 840-044616421 Wimbledon LaneHuntington Beach, CA 92649E-Mail: elliottarc@socal.rr.comElliott AssociatesChanceTheaterChanceTheaterEXPANSION5520 E. LA PLAMA AVE.ANAHIEM, CA 92807PARKING TABULATION FOR 5520 - 5620 E. LA PALMA AVE. ANAHEIMSITE AREATABULATIONATTACHMENT NO. 7 A11/8" = 1'-0"GROUND FLOOR PLANA31/8" = 1'-0"MEZZANINE FLOOR PLANTel: (877) 840-5488 Fax: (714) 840-044616421 Wimbledon LaneHuntington Beach, CA 92649E-Mail: elliottarc@socal.rr.comElliott AssociatesChanceTheaterChanceTheaterEXPANSION5520 E. LA PLAMA AVE.ANAHIEM, CA 92807LEGENDATTACHMENT NO. 8 A11/8" = 1'-0"ROOF PLANA2345D11/8" = 1'-0"BUILDING SECTIONTel: (877) 840-5488 Fax: (714) 840-044616421 Wimbledon LaneHuntington Beach, CA 92649E-Mail: elliottarc@socal.rr.comElliott AssociatesChanceTheaterChanceTheaterEXPANSION5520 E. LA PLAMA AVE.ANAHIEM, CA 92807ATTACHMENT NO. 9 ATTACHMENT NO. 10 200 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. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 30, 2014 SUBJECT: VARIANCE NO. 2014-04967 LOCATION: 122 South Euclid Street (WSS Shoes) APPLICANT/PROPERTY OWNER: The applicant is Robert Grosse of WSS Shoes and the property owner, First Realty Management, is represented by Morris Sands. REQUEST: The applicant requests approval of a variance to retain wall signs for an existing retail shoe store in a location not permitted by the Zoning Code and to exceed the size and number of permitted wall signs. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution denying Variance No. 2014-04967. BACKGROUND: The 1.4-acre property is located in the General Commercial (C-G) zone and is developed with a 3-unit retail center. The site is designated for General Commercial land uses by the General Plan. Surrounding uses include retail businesses to the north, south and west, across Euclid Street; and apartments to the east. This application was filed as a result of a complaint received by Code Enforcement regarding the installation of wall signs without required building permits. PROPOSAL: The applicant proposes to retain wall signs that do not comply with the Code with respect to location, number and size. The wall signs include the name of the business and several brand logos used as product advertising, as described in the following table: VARIANCE NO. 2014-04967 June 30, 2014 Page 2 of 3 Location and Number of Wall Signs Building Elevation Permitted Proposed North - facing adjacent commercial properties None 1 business identification sign South - facing Denny’s Restaurant None 6 product signs East- facing parking lot with a main entrance 1 business identification sign 5 (1 business identification sign and 4 product signs) West- Facing Euclid Street 1 business identification sign 7 (1 business identification sign and 6 product signs) Total 2 business identification signs 19 (3 business identification signs and 16 product signs) Size of Wall Signs Building Elevation Permitted Proposed North 0 sq. ft. 90 sq. ft. South 0 sq. ft. 73 sq. ft. East 90 sq. ft. 120 sq. ft. West 90 sq. ft. 153 sq. ft. ANALYSIS: A variance is required because the wall signs do not meet the Code in relation to location, number and size of permitted signs. Retail tenant spaces that have more than one building elevation are permitted one wall sign for each elevation facing a street, or a parking lot with a main entrance. The west elevation faces Euclid Street. The east elevation faces the store’s parking lot and contains an entrance to the store. Therefore, one wall sign is allowed on each of these elevations for a total of two signs for the business. The store currently has a total of 19 wall signs. Furthermore, 16 of the signs advertise specific products and brands. The Code allows signs to identify the name of the business and general services provided. Promotional messages and specific products or services rendered are not permitted. The maximum size of wall signs per building elevation is limited to one square foot of sign area per lineal foot of that building elevation or 150 feet, whichever is less. The tenant space has a building elevation of 90 linear feet on the east and west elevations; therefore, the business may have a 90 square foot wall sign on each elevation. The applicant is proposing to retain 120 square feet and 153 square feet on these elevations, respectively. No signs are permitted on the north and south elevations and the applicant is proposing to retain 90 square feet and 73 square feet of signs on these elevations, respectively. VARIANCE NO. 2014-04967 June 30, 2014 Page 3 of 3 The applicant has submitted a letter of justification indicating that the variance is requested because there is a lack of visibility to the store since it is located 55 feet from the public right of way. The letter also states that the existing street trees along Euclid Street obstruct the wall signs and additional wall signs are necessary to direct customers to the parking area behind the building. Staff has carefully reviewed the applicant’s justification but believes that the location, size and number of wall signs allowed by the Code would be sufficient to effectively identify the business. There are no physical site characteristics such as topography, size, shape or location relating to this site to justify approval of a variance, as required by the Code. The property is rectangular in shape with over 225 feet of street frontage on Euclid Street. In addition, there is a large freestanding sign that advertises the shoe store located six feet from the public right-of-way on Euclid Street. This sign is visible from all directions and directs customers to parking behind the building. Strict application of the Code would not deprive the business of privileges enjoyed by other properties under the identical zoning classification in the vicinity. The applicant has been informed that window signs could be used to identify individual products, or logos, provided that such signs do not occupy more than ten percent of the window area. CONCLUSION: Staff does not believe there is justification to grant the requested variance. There are no unique physical site characteristics such as topography, size, shape or location relating to this property. Staff recommends denial of the variance. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner Planning Services Manager Lilley Planning Group Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution Denying Variance 3. Request Letter 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 Plan 5. Sign Plans 6. Photographs C-GRETAIL RM-4GEI LIN GAPARTMENTS41 D U IINDUSTRI AL RM-4PAMPAS L AN E APA RTMEN TS40 D U RM-4PAMPASAPARTMEN TS77 D U RM-4PALM WES TAPTS20 D U TLOARAELEMENTARYSCHOOL C-GRETAIL C-GRELIGIOUS US E C-GRETAIL C-GMEDICA LOFFICE RM-4HAWAIIA NAPTS30 D U RM-4PARK PLACEAPTS20 D U C-GVACANT C-GRETAIL C-GRETAIL C-GSERVICE STATI ON C-GRETAIL C-GRETAIL C-GRETAILC-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAILC-GRETAIL TINDUSTRIAL C-GVACAN T C-GRETAIL C-GRETAIL C-GCAR WAS H W LIN COL N AVE S EUCLID STN EUCLID STW PA M PA S LNN EUCLID WAYW. LINCOLN AVE W. BROADWAY S. EUCLID STN. EUCLID STS. BROOKHURST STN. HARBOR BLVDS. WALNUT STN. BROOKHURST STS. M A N C H E S T E R A V EN. LOARA ST122 Sou th Euc lid Str ee t D E V 20 14 -0 00 4 4 Su bje ct Property APN: 250-091-17 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 W LIN COL N AVE S EUCLID STN EUCLID STW PA M PA S LNN EUCLID WAYW. LINCOLN AVE W. BROADWAY S. EUCLID STN. EUCLID STS. BROOKHURST STN. HARBOR BLVDS. WALNUT STN. BROOKHURST STS. M A N C H E S T E R A V EN. LOARA ST122 Sou th Euc lid Str ee t D E V 20 14 -0 00 4 4 Su bje ct Property APN: 250-091-17 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2014-04967 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00044) (122 SOUTH EUCLID AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve proposed Variance No. 2014-04967 to allow wall signs in conjunction with an existing shoe store that do not meet the Zoning Code in relation to location, number and size for certain premises located within a commercial retail center commonly known as 122 South Euclid Avenue 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, premises for which Variance No. 2014-04967 is proposed is located within a commercial retail center, 1.4 acres in size The Property is located in the C-G (General Commercial) 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 June 30, 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 Anaheim Municipal Code (herein referred to as the “Code”), to hear and consider evidence for and against proposed Variance No. 2014-04967 and to investigate and make findings and recommendations in connection therewith; 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 Variance No. 2014-04967 to allow wall signs for an existing retail shoe store in a location not permitted by the Code and exceeding the maximum number and size allowed by the Code, should be denied for the following reasons: SECTION NO. 18.44.110.0102 Permitted Number and Location of Wall Signs (1 wall sign on the west elevation- facing the street and 1 wall sign on the east elevation- facing the parking lot permitted); (19 wall signs proposed on all building elevations) SECTION NO. 18.44.110.0105 Maximum Size of Wall Signs (90 square feet permitted; 120 and 153 square feet proposed) - 2 - PC2014-*** 1. There are no special circumstances applicable to the Property relating to size, shape, topography, location or surroundings, which are found to exist on other property under the identical zoning classification in the vicinity of the Property. The Property is rectangular in shape and has a large street frontage facing Euclid Street; and 2. The strict application of the Zoning Code would not deprive the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity of the Property. There are no unique physical site characteristics such as topography, size, shape or location relating to this Property that justifies wall signs that do not meet the Code in relation to location, number and size. Further, the existing freestanding sign is fully visible from both directions on Euclid Street and provides ample business identifiaction. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that proposed Variance No. 2014-04967 is hereby denied. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 30, 2014. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130 (Appeals – Planning Commission Decisions) of 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 - 3 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 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 30th day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 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. 6 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 30, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05698 LOCATION: 1659 West Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicant is Marcelo Lische, representing Family Union Soccer Fields, and the property owner is Citrus Orange, LLC. REQUEST: The applicant is requesting approval of a conditional use permit to retain an outdoor soccer facility with two soccer fields, including limited spectator seating. 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) and approving Conditional Use Permit No. 2013-05698. BACKGROUND: This 1.0-acre site located in the General Commercial (C-G) zone is currently developed with two outdoor soccer fields and a 470 square foot modular building. The General Plan designates the site for General Commercial land uses. Surrounding land uses include an industrial building to the east, a commercial building to the west, a retail center to the south across Lincoln Avenue and a vacant property to the north. This application was filed as a result of a Code Enforcement investigation because soccer games and tournaments were being conducted at the property without required building and land use permits. These outdoor activities have been discontinued until such time that required permits are obtained. PROPOSAL: The applicant is proposing an outdoor soccer facility with two lighted soccer fields and a warm up area. An existing 470 square foot modular building would remain and be used for offices, restrooms and storage. The office building would be refurbished with new paint and accessibility upgrades such as a ramp and accessible restrooms. The 35 space parking lot would be reconstructed with new asphalt, landscaping and drainage facilities. A new 23 to 33 foot wide landscaping planter with trees would be constructed in the front setback adjacent to Lincoln Avenue. Existing parking lot lighting would be refurbished, as well. The applicant's letter of request states that the outdoor soccer facility would be used by local clubs and organizations for adult recreational leagues, tournaments and practices. According to the applicant’s letter of request, included as Attachment 3, the facility would not be used by children. The hours of operation would be 5:00 p.m. to 11:30 p.m. Monday through Friday; and 8 a.m. to 9 p.m. on Saturday and Sunday. The soccer facility would typically be staffed by four coaches, two referees and an office worker. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2013-05698 June 30, 2014 Page 2 of 2 ANALYSIS: The Code requires a conditional use permit for an outdoor soccer field facility in this zone. The purpose of the conditional use permit is to ensure compatibility with surrounding uses. This location is surrounded by industrial and commercial businesses. Proposed soccer activities would generally take place during evenings and weekends when these surrounding businesses are closed. Therefore, staff does not anticipate any conflicts with surrounding uses. Parking: The Zoning Code does not specify a parking standard for this type of use, so a parking study was prepared for this proposal and is included as Attachment 5 to this report. Based on the demand observed at a similarly-operated indoor soccer field located at 951 East Ball Road, the recommended parking ratio is one space per on-site participant or employee. Using this recommended ratio, it’s estimated that 35 parking spaces are necessary to support the proposed use. The demand was established by considering the maximum number of players (28), coaches (4), referees (2) and office worker (1) anticipated to be present at any time. Games are scheduled to last approximately 40 minutes with a 20 minute break between games on the same field. The break between games would be provided to ensure that the demand for parking does not overlap from one set of games to the next. The facility does provide limited spectator seating; however, the adult soccer matches typically do not attract spectators other than family members or friends of the players who would typically arrive in the same vehicle. The soccer teams that would be using this facility are formed through association, such as a group of co-workers, as opposed to being formed through open individual registration. As a result, the applicant indicates that some players are also expected to carpool to their games. The applicant further expects some users to ride bicycles to the facility, further reducing the demand for parking spaces. Bike racks would be installed to encourage this form of travel and a condition of approval requiring their installation is included in the attached draft resolution. Based on the information provided in the parking study, as well as staff’s observations of the facility on Ball Road, staff believes that 35 spaces would be adequate to accommodate the proposed soccer facility’s parking demand. CONCLUSION: Staff believes that the soccer fields are compatible with the existing commercial and industrial uses in the surrounding area and are an appropriate use for the area. Staff also believes there would be an adequate amount of parking provided to accommodate the proposed use. Staff recommends approval of the conditional use permit. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner Planning Services Manager Lilley Planning Group 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. Photographs 5. Parking Study 6. Site Plan 7. Floor and Elevation Plans C-GRETAIL C-GRETAIL RAI LROAD IINDUSTRI AL IINDUSTRIAL C-GCAR WAS H RM -4PAMPAS L AN E APA RTMEN TS40 D U C-G RM-4PAMPASAPARTMEN TS77 D U RM-4PALM WES TAPTS20 D U C-GRETAIL RM-4PARK PLAC EAPTS20 D U C-GVACANT C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL C-GINDUSTRIALC-GRETAILC-GRETAILC-GRETAIL W LIN COL N AVEN EUCLID STS EUCLID STN EUCLID WAYN MANCHESTER CT 5 FREEWAY W. BROADWAY W. LINCOLN AVE N. EUCLID STS. EUCLID STN. HARBOR BLVDN. BROOKHURST STS. BROOKHURST STS.M A N C H E S T E R AVES.WALNUTSTW . L I N C O L N A V E W .B R O A D W A Y 165 9 W es t Li nc oln Ave nu e D E V 20 13 -0 00 9 7 Su bje ct Property APN: 072-110-25 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 W LIN COL N AVEN EUCLID STS EUCLID STN EUCLID WAYN MANCHESTER CT 5 FREEWAY W. BROADWAY W. LINCOLN AVE N. EUCLID STS. EUCLID STN. HARBOR BLVDN. BROOKHURST STS. BROOKHURST STS.M A N C H E S T E R AVES.WALNUTSTW . L I N C O L N A V E W .B R O A D W A Y 165 9 W es t Li nc oln Ave nu e D E V 20 13 -0 00 9 7 Su bje ct Property APN: 072-110-25 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05698 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00097) (1659 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Conditional Use Permit No. 2013-05698 to permit an outdoor soccer facilty with two soccer fields (herein referred to as the "Proposed Project") for certain real property located at 1659 West Lincoln Avenue 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 1.0 acre, is developed with an office building and soccer fields. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located within the General Commercial (C-G) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 30, 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 (Procedures) of the Code, to hear and consider evidence for and against said proposed Conditional Use Permit No. 2013-05698, 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 (Class 1 – Existing Facilities) 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 for Conditional Use Permit No. 2013-05698, does find and determine the following facts: 1. The request to permit an outdoor soccer facility in the General Commercial (C-G) Zone is properly one for which a conditional use permit is authorized by Section 18.08.030 (Conditionally Permitted Uses) of the Code. 2. The request to permit an outdoor soccer facilty would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Proposed Project would operate on evenings and weekends and would not interfere with the businesess in the immediate vicinity; and 3. The size and shape of the site for the Proposed Project 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 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 (as indicated in the Parking Study) 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 because the Proposed Project will be compatible with the surrounding commercial and industrial land uses. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05698, 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. 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 June 30, 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 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 30th day of June, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05698 (DEV2013-00097) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 60 DAYS OF APPROVAL OF THE PERMIT 1 All light fixtures shall be refurbished and repaired to adequately illuminate the site. Planning Department, Planning Services Division PRIOR TO THE ISSUANCE OF BUILDING PERMITS 2 That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities, Water Engineering 3 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 4 All existing water services and fire services 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 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. Public Utilities, Water Engineering 5 The applicant shall contact Water Services Cross Conection staff to determine whether a backflow prevention device must be installed on the applicant’s internal and external plumbing systems. Public Utilities, Water Engineering 6 The applicant shall complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be emailed to applicant by contacting Officer Budds at mbudds@anaheim.net. Police Department, Planning & Research Unit NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 A security plan shall be submitted to and approved by the Anaheim Police Department. Police Department, Planning & Research Unit 8 Rooftop address numbers for the police helicopter shall be painted on the roof of the office building. The addresses shall have 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 should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. Police Department, Planning & Research Unit 9 All typical Public Works code requirements for development of a project by right are required for this project, including but not limited to street and landscaping improvement plans; grading, drainage and water quality management plans; any required securities to ensure the public improvements are completed by the applicant during the normal phases of construction and prior to final building and zoning inspections; setbacks shall be measured based on the ultimate road right-of-way in accordance with the Lincoln Avenue Corridor Master Plan dated March 2005. Public Works Department, Development Services 10 The legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance shall be submitted for approval by the City Surveyor and then recorded in the Office of the Orange County Recorder prior to issuance of a building permit. Public Works Department, Development Services OPERATIONAL CONDITIONS 11 “No Trespassing 602(k) P.C.” shall be posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department, Planning & Research Unit 12 All entrances to parking areas 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, Planning & Research Unit 13 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. Police Department, Planning & Research Unit NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14 The Property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. Planning Department, Code Enforcement Division GENERAL 15 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 Division 16 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department, Planning Services Division 17 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 Division 18 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 MARCELO E. LISCHE, Architect A.I.A. 2198 Dupont Drive, Suite 203, Irvine, CA. 92612 Ph: (949) 955-1010 Fax: (949) 474- 9890 E-mail: mlische.aia@gmail.com ______________________________________________________________________________________ JUSTIFICATION FOR CONDITIONAL USE PERMIT For: Family Union Soccer Fields Address: 1659 W. Lincoln Ave., Anaheim, CA. 92805 • The proposed project is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of section 18.66.040 (Approval Authority) of the Anaheim Municipal Code. • The proposed project is located in C-GC general commercial Zone and its use will not adversely affect the adjoining land uses or the growth and development of the area in which is located. The proposed site (formerly occupied by a Used Car Dealer) is 44,803 SF, large enough to accommodate the 2 proposed outdoor soccer fields for adult use only, existing offices and required parking per attached Parking Study prepared by IBI Group. • Hours of operation will be 5:50 PM to 11:00 PM Monday through Friday and 8:00 AM to 8:00 PM Saturday and Sunday. • The nature of the use and its continuous operation in the proposed schedule will not cause any detriment to the particular area or to health and safety. • The traffic generated (see attached Parking Study) by the proposed use will not impose and undue burden upon the existing roads designed and constructed to handle the traffic in the area. • The approval of this Conditional Use Permit with the conditions of approval, will not harm the health and safety of the Citizens of the City if Anaheim. To the contrary, the outdoor sports activity will promote health and the project is designed to take into account all safety related issues, in compliance with current Building Codes and City of Anaheim Municipal Code. Marcelo E. Lische, Architect AIA License # C-264540 ATTACHMENT NO. 4 1659 W. Lincoln Avenue Parking Study Family Union Soccer Fields City of Anaheim, California Prepared for City of Anaheim Planning Department 200 South Anaheim Boulevard Anaheim, CA 92805 May 6, 2014 Prepared by IBI Group 18401 Von Karman Ave, Suite 110 Irvine, CA 92612 (949) 833-5588 ATTACHMENT NO. 5 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - ii - Table of Contents 1.0 INTRODUCTION ....................................................................................................................... 1 2.0 PROJECT LOCATION .............................................................................................................. 2 3.0 SITE DESCRIPTION ................................................................................................................. 4 3.1 Existing Site ................................................................................................................................ 4 3.2 Proposed Site ............................................................................................................................. 4 3.3 Traffic and Access...................................................................................................................... 4 4.0 SITE USES ................................................................................................................................ 6 4.1 Existing Site Uses ....................................................................................................................... 6 4.2 Proposed Site Uses ................................................................................................................... 6 5.0 PARKING REQUIREMENTS .................................................................................................... 8 5.1 Existing Site Parking Requirements ........................................................................................... 8 5.2 Proposed Project Parking Requirements .................................................................................. 8 6.0 SIMILAR SITE PARKING COUNT ............................................................................................ 9 6.1 Soccer World Anaheim Parking Survey ..................................................................................... 9 7.0 METHODOLOGY OF STUDY ................................................................................................. 13 8.0 FINDINGS ................................................................................................................................ 15 8.1 Parking Space Requirements .................................................................................................. 15 9.0 RECOMMENDATIONS AND CONCLUSIONS ....................................................................... 16 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - iii - List of Figures Figure 2.1 Project Location ..................................................................................................................... 3 Figure 3.1 Project Site Plan ..................................................................................................................... 5 Figure 6.1 Soccer World Anaheim Location ......................................................................................... 10 List of Tables Table 4-1: Family Union Soccer Fields Schedule .................................................................................. 6 Table 4-2: Typical Overlap of Weekend Game Schedule ...................................................................... 6 Table 5-1: Off-Street Parking Space Requirements for Existing Site ..................................................... 8 Table 5-2: Existing Site Parking Space Requirement Calculation ......................................................... 8 Table 6-1 Soccer World Anaheim Parking Occupancy – Weekday ..................................................... 11 Table 6-2 Soccer World Anaheim Parking Occupancy – Weekend .................................................... 12 Table 7-1: Proposed Project Parking Generation ................................................................................ 13 Table 7-2: Proposed Project Parking Space Requirement Calculation ............................................... 14 Table 9-1: Estimated Parking Demand by Time Period ....................................................................... 16 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 1 - 1.0 Introduction This report documents the results of a parking survey and demand analysis prepared for Family Union Soccer Fields, a proposed outdoor soccer facility located at 1659 West Lincoln Avenue in the City of Anaheim. The project proposes to utilize an existing parcel that was previously occupied by a used car parking lot for OC Auto Leasing & Sales. The proposed outdoor soccer facility will provide soccer fields for club and league practices, tournaments, camps and other programs during weekday evenings and all day on weekends. The purpose of this parking study is to identify the parking demand generated by the proposed project and determine the minimum number of parking spaces required for this use. The City of Anaheim Zoning Code does not have an established minimum parking requirement for this type of land use. To identify a recommended parking ratio for the proposed project, the consultant has conducted a parking survey at a similar site to capture peak parking demand generated by a similar use in the City of Anaheim. 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 2 - 2.0 Project Location The proposed Soccer Fields facility site is located at 1659 West Lincoln Avenue in the City of Anaheim with an open parking lot and a trailer office building previously serving as a used car lot. The project site is bounded by the Union Pacific rail corridor and Interstate 5 to the north, West Lincoln Avenue to the south, Auto Regio Car repair shop to the east, and Euclid Street to the west. Lincoln Avenue and Euclid Street are arterial roadways. Lincoln Avenue travels between SR-55 in the east and the Coyote Creek flood channel in the west. Euclid Street runs north and south starting from the 405 freeway in Fountain Valley, through Garden Grove, Anaheim, and eventually terminating on Whittier Blvd in La Habra. Other major streets that parallel West Lincoln Avenue include Broadway to the south. Streets that run perpendicular to West Lincoln Avenue include Loara Street and Manchester Avenue to the East. The project site is located south of the Santa Ana Freeway (I-5), near the Euclid Street exit. Figure 2.1 provides a vicinity map showing the relative location of the project site. 1659 W. Lincoln Avenue Family Union Soccer Fields Parking Study April 2014Euclid StreetW. Lincoln Avenue Key Map Project Site Figure 2.1 – Project Location Project Location Santa An a I - 5 F r e e w a y 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 4 - 3.0 Site Description 3.1 EXISTING SITE The project site is located on a 43,200 square foot lot. The existing project site provides unmarked parking spaces for used cars to be relocated as necessary. The back half of the car lot is separated by a chain link fence. 3.2 PROPOSED SITE The project is proposing an outdoor soccer facility. Two new soccer fields are proposed as part of the project, along with the retention of an existing 480 square foot office building on-site. The proposed site identifies 35 on-site parking spaces for use by the project. The proposed Family Union Soccer Fields facility will utilize all 43,200 square feet of the existing property. The proposed outdoor soccer facility will be used by local clubs, organizations and for competitive tournaments. There will be two entrances into the facility, with the main driveway located in the middle of the south side of the property and a single driveway on the west edge of the lot along the south edge of the lot line. The proposed facility will also provide one office-administration room, one small storage building, and restrooms. A site plan illustrating the proposed interior reconfiguration of the site is provided in Figure 3.1. 3.3 TRAFFIC AND ACCESS The westernmost existing driveway will be removed as part of the project. The eastern driveway will remain and will serve as the access point to the off-street parking lot. The project site is accessible via westbound Lincoln Avenue. A center median along W. Lincoln Avenue prevents east bound traffic making left turns into the driveways. 1659 W. Lincoln Avenue Family Union Soccer Fields Parking StudyNovember 2013Figure 3.1 – Proposed Site PlanNote: Actual number of parking stalls on-site is 35 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 6 - 4.0 Site Uses 4.1 EXISTING SITE USES The project site building is occupied by a used car lot dealer, OC Auto Leasing & Sales with a small office building on the west side of the lot and the majority of space for storing used cars in the parking lot. 4.2 PROPOSED SITE USES The proposed project would function as an outdoor soccer facility for Family Union Soccer Fields practice games, tournaments, and events. The proposed project would provide two soccer fields for training and practice games during weekdays. The facility will also include an office, restrooms, and storage rooms. Operating hours are proposed to be seven days a week, from 5:00 p.m. to 11:30 p.m. Monday through Friday; and 8:00 a.m. to 9:00 p.m. on Saturday and Sunday. Facility staff will include four coaches, two referees, and an office worker. It is anticipated that up to two practice games will be held every hour between 5:00 p.m. and 11:30 p.m. Monday through Friday. During the weekends, it is anticipated that up to two soccer games will be held every hour between 8:00 a.m. to 9:00 p.m. Games on each field are scheduled to last 40 minutes with a 20 minute gap between games on the same field. The start times for games on each of the fields will be offset by 15 minutes. Table 4-1 provides a summary of the league’s practice and game schedule. Table 4-2 shows an example schedule of the soccer field use with 20 minute gaps between the start time of each game of the same field. This gap combined with the 15 minute offset between games on different fields results in only a 5 minute gap where both fields would not be utilized. Table 4-1: Family Union Soccer Fields Schedule Time AM AM AM AM PM PM PM PM PM PM PM PM PM PM PM PM 8:oo 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 WEEKDAYS Monday 2 2 2 2 2 2 2 Tuesday 2 2 2 2 2 2 2 Wednesday 2 2 2 2 2 2 2 Thursday 2 2 2 2 2 2 2 Friday 2 2 2 2 2 2 2 WEEKENDS Saturday 2 2 2 2 2 2 2 2 2 2 2 2 2 Sunday 2 2 2 2 2 2 2 2 2 2 2 2 2 Source: World Cup Soccer League #: Number of active fields 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 7 - Table 4-2: Typical Overlap of Weekend Game Schedule 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 8 - 5.0 Parking Requirements 5.1 EXISTING SITE PARKING REQUIREMENTS The minimum number of off-street parking spaces required for each land use type is defined in Section 18 of the City of Anaheim Zoning Code. The existing site consists of single single-story trailer building that fall under the Automotive – Car Sales & Rental land use category. Table 5-1 shows the Non- Residential Parking Requirements of the existing use as stated in the City of Anaheim Zoning Code. Table 5-1: Off-Street Parking Space Requirements for Existing Site Use Classification Minimum Required Parking Spaces Automotive-Car Sales & Rental; General 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. Source: City of Anaheim Zoning Code Section 18.42.040 GFA – gross floor area The existing project building is 480 square feet and the lot size is approximately 43,200 square feet. Per the City of Anaheim Zoning Code, a minimum of 2 parking spaces must be provided for the existing project site. The number of off-street parking spaces required for the project site is calculated in Table 5-2. Table 5-2: Existing Site Parking Space Requirement Calculation Use Classification Unit Quantity Min Rate (Spaces/Unit) Spaces Required Automotive – General (Showroom) 1,000 SF 0 2.5 0 Automotive – General (Office Space) 1,000 SF 480 4 2 Automotive – General (Building GFA) 1,000 SF 0 5.5 0 Total 2 Source: City of Anaheim Zoning Code Section 18.42.040 SF –square feet There are currently unmarked parking spaces provided at the site for use by the used car lot. Based on the City’s minimum parking requirement, there is available lot space for parking cars for sale at the existing project site. 5.2 PROPOSED PROJECT PARKING REQUIREMENTS The proposed project is an outdoor soccer facility, or Commercial Recreation – Outdoor use classification. The City of Anaheim Zoning Code does not have an established minimum parking requirement for this type of land use. Per Section 18.42.040 of the City of Anaheim Zoning Code: “For uses not listed, parking requirements may be those determined to be reasonably necessary by the Planning Services Manager of the Planning Department and/or his or her designee. The Planning Services Manager of the Planning Department and/or his or her designee may require a parking study in order to make this determination.” To determine a minimum parking ratio for the proposed project, similar site parking counts were conducted. The following section summarizes the parking surveys conducted at the existing site and a similar site. 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 9 - 6.0 Similar Site Parking Count As noted in the previous section, the City of Anaheim Zoning Code does not specify a minimum parking requirement for an outdoor soccer facility. To identify a recommended minimum parking ratio, a similar site parking survey was conducted at Soccer World Anaheim 951 E. Ball Road in Anaheim, California to capture the peak parking demand generated by a similar use. The purpose of the similar site parking survey is to establish an appropriate parking rate for this type of use. In addition to the similar site parking counts, a parking count was conducted at the project site to determine existing parking demand and the availability of parking spaces at the project site. 6.1 SOCCER WORLD ANAHEIM PARKING SURVEY Soccer World Anaheim is an indoor soccer facility located at 951 East Ball Road in Anaheim, California. The facility is located in a similar environment to the proposed project site and provides similar uses. Soccer World operates a 31,897 square feet single story warehouse building located near existing warehouse buildings. The facility provides six soccer fields, with the ability to convert into two large soccer fields. These fields are used for youth and adult leagues, open field time, contract field time for clubs, tournaments, camps and other programs. Regular hours of operation are Monday through Friday 5:00 p.m. to 10:00 p.m. and on Saturday and Sunday from 2:00 p.m. to 8:00 p.m. Parking for the site is provided in one surface parking lot, located in the front and side of the building. There are 146 off-street parking spaces provided in the surface parking lot. The location of the facility and parking supply is provided in Figure 6.1. 1659 W. Lincoln Avenue Family Union Soccer Fields Parking Study April 2014Euclid StreetW. Lincoln Avenue Key Map Parking Lot Figure 6.1 – Soccer World Anaheim Location Similar Project Site Location Santa An a I - 5 F r e e w a y 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 11 - Parking counts were conducted on two separate days to capture peak parking demand generated by the facility for one weekday and one weekend. The counts were scheduled to coincide with events being held at the facility. Weekday parking space occupancy counts were conducted at Soccer City on Tuesday, September 3, 2013 between 4:00 p.m. and 11:00 p.m. (Day 1) and on Saturday, August 31, 2013 between 1:00 p.m. and 9:00 p.m. (Day 2). During these times, the facility was open until 10:00 p.m. on weeknights and 8:00 p.m. on weekend nights. The results are summarized in Table 6-1, and the detailed occupancy data sheets are provided in the Appendix. Peak parking demand at Soccer World Anaheim for a weekday occurred at 8:00 p.m. At this time, 78 vehicles were parked on the surface parking lots. Average parking demand on Day 1 was 33 vehicles. Table 6-1 Soccer World Anaheim Parking Occupancy – Weekday Time Occupancy 4:00 PM 26 5:00 PM 16 6:00 PM 6 7:00 PM 45 8:00 PM 78 9:00 PM 58 10:00 PM 34 11:00 PM 2 Average 33 Weekend parking space occupancy counts were conducted at World Soccer Anaheim on Saturday, August 31, 2013 between 1:00 p.m. and 9:00 p.m. The results are summarized in Table 6-2, and the detailed occupancy data sheets are provided in the Appendix. Peak weekend parking demand at the Soccer World Anaheim site occurred at 9:00 p.m. At this time, 131 vehicles were parked on the surface parking lot. Average parking demand was 49 vehicles. 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 12 - Table 6-2 Soccer World Anaheim Parking Occupancy – Weekend Time Occupancy 1:00 PM 4 2:00 PM 3 3:00 PM 6 4:00 PM 13 5:00 PM 32 6:00 PM 56 7:00 PM 81 8:00 PM 112 9:00 PM 131 Average 49 The peak parking occupancy occurred during the weekend at 9:00 p.m. However, World Soccer Anaheim closes at 8:00 p.m. and is not likely to increase guests after 8:00 p.m. It is believed that another facility in close proximity to Soccer World Anaheim caused this increase in parking occupancy since the site shares its parking with other adjacent uses. Therefore we conclude that the peak occupancy related to Soccer World Anaheim occurred in the 7:00 p.m. hour with 81 vehicles. Based on this peak parking occupancy and the square footage of the facility, the observed peak parking rate for this use is 2.54 spaces per 1,000 square feet. 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 13 - 7.0 Methodology of Study Typical parking studies involve identifying the minimum number of parking spaces required pursuant to the City’s Zoning Code or utilizing the Institute of Transportation Engineers (ITE) Parking Generation Manual to determine parking demand generated by a specific land use. This parking study is unique, as the proposed project use, an indoor soccer facility or Commercial Recreation – Indoor, is not established in the City of Anaheim Zoning Code or in the ITE Parking Generation Manual. To determine an appropriate minimum parking ratio for the proposed project, the methodology used for this study was a simplified version of the ITE Parking Generation Manual’s methodology for determining parking demand generation. A site similar to the proposed project was identified. The site had similar components to the proposed project, including similar hours of operation, similar number of soccer fields, and the same number of players permitted on each team. Parking occupancy surveys were conducted at the similar site to collect data on parking demand generated by the similar site. The parking surveys were conducted for two days during peak hours of operations and coincided with pick- up games that were scheduled on weekdays and weekends. The peak parking demand generated by the similar site over the two day count period was 81 vehicles. Additional vehicles were observed in the parking area later this evening, but arrived after Soccer World Anaheim closes. These additional vehicles were not included in our study because they were assumed to be associated with another facility sharing the same parking area. Using the parking observation data collected, a parking ratio was developed based on the number of players, administrators, referees, and security for the site identified in the September 2010 parking study prepared for the site. On a typical operation day, the facility would be configured with six fields of 10 players each (five on each side), with the facility then operating with three administrators, nine referees, and one security guard. This occupancy count totals to 73 people. Using this participant level to develop a parking ratio, the direct ratio would be 1.11 spaces per participant. It should be noted that the Soccer World Anaheim use is located within a large industrial complex that has a large shared pool of parking. Some of the observed parking demand is likely generated by adjacent uses in the same building or nearby buildings, resulting in a higher demand rate than the Soccer World use actually generates on its own. Given this condition, we would propose that the estimated ratio be reduced by 10 percent to 1.0 vehicle per person. This is a more realistic ratio given that outside spectators are not anticipated at these games, and given the potential for parking from other uses on site. Based on this proposed parking ratio derived above for a similar soccer facility, the minimum required number of parking spaces for the proposed project would be 35 spaces. The proposed project is expected to host up to a maximum of two games at one time, with five players and two substitute players per team. Assuming each player drives alone, and when both fields are utilized at the same time, the maximum number of parking spaces generated by players would be up to 28 parking spaces. The site will also include four coaches, two referees and an office worker. The maximum number of parking spaces generated at peak usage times based on a ratio of 1 vehicle per employee and player would be up to 35 parking spaces. Table 7-1 summarizes the estimated parking demand generated by the facility based on square footage and employees/players. Table 7-1: Proposed Project Parking Generation Type Unit Quantity Min. Rate (Spaces/Unit) Min. Spaces Required Outdoor Soccer Facility Employees/Players 35 1.00 35 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 14 - The facility does include provisions for some spectator seating. However, the facility is not planning to conduct tournaments or events that would typically be anticipated to attract outside spectators. It is anticipated that the only spectators to view the games would be friends and family of the players and would be expected to travel to the facility in the same vehicle as the player. Further to the issue of spectators, the Soccer World Anaheim similar site operates in a similar fashion permitting spectators, but not anticipated attendance from non-friends and family. The observed parking counts at this facility reflect any potential spectator demand. The expected parking demand generated by the proposed project based on square footage when comparing to a similar site is 47 spaces. The expected parking demand generated based an assumption of one vehicle per employee and player is 35 spaces. The facility will have a 15 minute offset between each game starting on separate fields and a 20 minute gap between games on the same field. Additionally, the 47 space estimate likely includes some factor for parking associated with other adjacent uses near the Soccer World Anaheim site. Therefore, the 35 space forecast does appear to provide a reasonable estimate for the project parking demand, and would be consistent with the parking demand rate approved by the City of Anaheim for the Soccer World Anaheim project in 2010. Additionally, this parking supply would be anticipated to accommodate spectator demand as well since spectators would be assumed to travel in the same vehicle as the players. Table 7-2 summarizes the parking space requirements for the proposed project and existing project site. Table 7-2: Proposed Project Parking Space Requirement Calculation Type Use Classification Min. Spaces Required Total Spaces Provided Proposed Project Outdoor Soccer Facility 35 35 SF –square feet 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 15 - 8.0 Findings 8.1 PARKING SPACE REQUIREMENTS • 18.42.110.0101: The variance under the conditions imposed will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation. The existing project site consists of a single-story trailer with a combined 43,200 square feet of Industrial – General Use. The proposed 18,582 square foot outdoor soccer facility is expected to generate demand for 35 parking spaces, inclusive of players, coaches, referees, and spectators. The minimum parking requirement for the proposed project would be 35 parking spaces. The proposed project site plan provides 35 marked parking spaces for use by the project. The number of parking spaces provided meets the minimum number of parking spaces required by the City. • 18.42.110.0102: The Family Union Soccer Fields project will not increase demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The anticipated parking demand generated by the proposed project will not increase demand or competition for parking spaces on public streets in the vicinity of the project site. The project site plan proposes to provide more parking spaces than the minimum required number of parking spaces and observed parking demand at a comparable site. The required parking spaces for this use are provided onsite. • 18.42.110.0103: The Family Union Soccer Fields project will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The proposed project will not increase the demand or competition for parking spaces on adjacent private property in the immediate vicinity of the project site. The minimum parking demand for proposed uses is equal to or less than the number of spaces provided on the site. • 18.42.110.0104: The Family Union Soccer Fields project will not increase traffic congestion within the off-street parking areas or lots provided. The proposed project site is planning to operate during weekdays between 5:00 p.m. and 11:30 p.m. and on weekends between 8:00 a.m. and 9:00 p.m. Traffic generated by the proposed project will not conflict with existing traffic within the off-street parking areas or lots provided. • 18.42.110.0105: The Family Union Soccer Fields project will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The proposed project will not impede vehicular ingress to or egress from adjacent properties along the public streets in the immediate vicinity of the proposed use. The estimated parking generation from the proposed project is expected to be 35 parking spaces. 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study - 16 - 9.0 Recommendations and Conclusions Family Union Soccer Fields is proposing to use an existing property, located along Lincoln Avenue and Euclid Avenue in the City of Anaheim. The proposed project area is 18,582 square feet and would consist of up to two soccer fields for league practices, games, and tournaments. The City of Anaheim Zoning Code does not establish a minimum parking requirement for the proposed use. A parking survey was conducted at a similar site over a two day period to determine an appropriate parking generation ratio to apply for this type of use. The two day parking survey was scheduled to coincide with peak operating hours of the similar site. The parking survey showed that peak parking demand at the similar site was 78 vehicles on a weekday and 81 vehicles during the weekend. Based on the parking survey conducted on a weekday and a Saturday at the similar project site, the peak parking demand for the existing soccer facility is 81 vehicles and occurs during a weekend at 7:00 p.m. The study used two methodologies to assist in determining the minimum number of parking spaces the proposed project would generate. Based on the observed peak parking occupancy of the similar site, a parking generation ratio per 1,000 square feet can be derived using the peak parking demand during the weekend with 81 vehicles parked at the similar site. The observed parking generation ratio for the observed indoor soccer facility is 2.54 parking spaces per 1,000 square feet. The estimated parking demand for an 18,582 square feet outdoor soccer facility, as proposed for the project site, would be 47 parking spaces. However, other uses present at this site likely contribute to a higher observed parking demand rate. Based on a ratio of one vehicle per employee and player, and limited overlap between games resulting from the use’s planned operational model, the maximum parking demand estimated to be generated by the proposed project would be 35 parking spaces, which has been identified as the most likely estimation of the parking demand. Table 9-1 illustrates the anticipated parking demand in 15 minute increments for the same period as depicted in Table 4-2 earlier in this report. This estimate is based on demand of 17 spaces generated by each field (14 players, 2 coaches and 1 referee) and 1 administration/security staff on-site at all times. As noted previously, any spectators would be assumed to travel to the site with the players in the same vehicle. This table highlights that the proposed 35 parking space supply would be sufficient to serve anticipated parking demand. Table 9-1: Estimated Parking Demand by Time Period The proposed project is not expected to increase parking demand or competition for parking spaces. The proposed hours of operation for Family Union Soccer Fields are Monday through Friday, 5:00 p.m. to 11:30 p.m. and Saturday and Sunday, 8:00 a.m. to 9:00 p.m. Due to game scheduling with a 20 minute cooling period on each field, the parking lot is unlikely to reach maximum capacity all once. In conclusion, the proposed project is expected to generate a peak demand for 35 parking spaces. The project provides 35 parking spaces for use by all tenants accessing the soccer fields. Therefore, the supply of parking for the proposed soccer facility fulfils the minimum parking requirement for existing and proposed uses. No significant impacts to parking supply are anticipated from this use. 1659 West Lincoln Avenue Family Union Soccer Fields Parking Study APPENDIX PARKING SURVEY – SOCCER WORLD ANAHEIM Parking Survey - Soccer World AnaheimSurvey Date: 9/3//20134-SepInv.#occ%occ#occ%occ#occ%occ#occ%occ#occ%occ#occ%occ#occ%occ#occ%occRegular14126 18% 16 11% 6 4% 44 31% 76 54% 58 41% 33 23% 2 1% 33 23%Handicapped40 0% 0 0% 0 0% 1 25% 1 25% 0 0% 0 0% 0 0% 0 6%951 East Ball Road Compact10 0% 0 0% 0 0% 0 0% 1 100% 0 0% 1 100% 0 0% 0 25%Anaheim, CA 92805TOTAL 146 26 18% 16 11% 6 4% 45 31% 78 53% 58 40% 34 23% 2 1%3323%23:00Averageamountof carsAverageUtilizationWEEKDAY COUNTSoccer World Anaheim19:00 20:00 21:00 22:0017:00 18:0016:00Counts Unlimited, Inc.PO Box 1178Corona, CA 92878(951) 268-6268 Parking Survey - Soccer World AnaheimSurvey Date: 8/31/201331-AugInv.#occ%occ#occ%occ#occ%occ#occ%occ#occ%occ#occ%occ#occ%occ#occ%occ#occ%occRegular1413 2% 3 2% 5 4% 12 9% 31 22% 54 38% 80 57% 111 79% 129 91% 48 34%Handicapped40 0% 0 0% 0 0% 0 0% 0 0% 1 25% 0 0% 0 0% 1 25% 0 6%951 East Ball Road Compact11 100% 0 0% 1 100% 1 100% 1 100% 1 100% 1 100% 1 100% 1 100% 1 89%Anaheim, CA 92805TOTAL 146 4 3% 3 2% 6 4% 13 9% 32 22% 56 38% 81 55% 112 77% 131 90%4933%Soccer World Anaheim18:00 19:00 20:00 21:0013:00 14:00 15:00 16:00 17:00WEEKEND COUNTAverageamountof carsAverageUtilizationCounts Unlimited, Inc.PO Box 1178Corona, CA 92878(951) 268-6268 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. 7 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 30, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05728 LOCATION: 1224 North Harbor Boulevard (Starbucks) APPLICANT/PROPERTY OWNER: The applicant is Starbucks Coffee Company and the agent representing the applicant is Terry Matz. The property owner is Tradecor Harbor 91 LLC. REQUEST: The applicant requests approval of a conditional use permit to construct and operate a Starbucks coffee shop with a drive-through lane. 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) and approving Conditional Use Permit No. 2014-05728. BACKGROUND: The 0.75-acre property in the General Commercial (C-G) zone is currently vacant. The General Plan designates this property for General Commercial land uses. The property is surrounded by vacant properties to the north and east, a fast food restaurant and vocational school to the south, and a dental office to the west across Harbor Boulevard. PROPOSAL: The applicant proposes to construct a new 1,836 square foot coffee shop, landscape planters around the building, a drive-through lane with vehicular stacking to accommodate nine automobiles, and an outdoor patio area. Vehicular access to the site would be provided by a driveway on Harbor Boulevard that also serves as a private easement providing shared access to the three properties to the east. Proposed hours of operation are 24 hours a day, seven days a week. A total of 22 parking spaces are proposed on-site and Code requires 20 spaces. The applicant is proposing to install wall signs, on-site directional signs and a monument sign on Harbor Boulevard in compliance with Code requirements. A project summary sheet is included as Attachment 4 to this report. CONDITIONAL USE PERMIT NO. 2014-05728 June 30, 2014 Page 2 of 2 ANALYSIS: While coffee shops and restaurants are permitted by right in this zone, a conditional use permit is required to allow a drive-through lane. The purpose of the conditional use permit is to ensure proper design and function of the drive-through lane and that drive- through lane activity does not impact surrounding properties. The entrance to the drive-through lane is located at the east end of the property. This location will ensure that vehicle queuing in the drive-through lane would not extend onto Harbor Boulevard, or onto the shared private access driveway. The drive-through lane would also be located 15 feet from the front property line adjacent to Harbor Boulevard and would be screened from view of the street with a sufficient landscaping buffer in this setback area. Based on these design features, staff believes that the proposed drive-through coffee shop would be compatible with the surrounding area and recommends approval of the conditional use permit. CONCLUSION: The proposed drive-through coffee shop is consistent with the goals of the property’s General Commercial General Plan designation which encourages a vibrant mix of commercial uses along a major arterial highway to support the shopping and dining needs of the surrounding community. The drive-through lane has been designed to minimize impacts to surrounding uses and to ensure proper on- and off-site traffic flow. Staff recommends approval of this request. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Request Letter 4. Project Summary 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. Photographs 6. Plans C-GVACANT PRVACAN T C-GCROWN MO TEL RM-3SFR C-GAUTOREPAIR C-GPRESCHOOL C-GBUSINESSSCHOOL C-GSERVICESTATION PROFFICE S RM-4CORAL TREE APTS17 D U RS-2SFR RS-2SFR C-GPALM MOTO RLODGE C-GDENTALOFFICE IINDUSTRIAL PRVACANT C-GMEDICAL OFFIC E PRSPORTS FIELD RM-4MEDICAL O FFICE C-GCOLUMBUS CLUBOF A NA HEIM RM-4 (MHP)M OB ILEHOM E PARK50 RESI DE NTS C-GHALFWAYHOUSE C-GRETAIL RM-4TRIPLE X RM-3FOURPLE X RS-2SFR C-GCOMFORT IN N C-GVACAN T C-GCHURCH RM-4PARKING LOT C-GVACANT C-GVACAN T C-GBUSINESSSCHOOL C-GCARL'S JR. C-GRETAIL RS-2SINGLE FAMILY RE SIDENCE TLA PA LM A PA RK& STAD IUM 9 1 F R E E W A Y N HARBOR BLVDN RALEIGH STW V ICTO R AVE W C AR L K A RCH ER WAYW R OMN EYA DRN RAVENNA STN LA PALMA PARK WAY W R EED AVE N. EUCLID STW. LA PALMA AV E N. EAST STE. LA PALMA AVE 122 4 No rth Ha rbo r Bou lev ar d D E V 20 14 -0 00 1 6 Su bje ct Property APN: P2105002 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 9 1 F R E E W A Y91 F R E E W A Y N HARBOR BLVDN RALEIGH STN SWAN STW V ICTO R AVE W C AR L K A RCH ER WAYW R OMN EYA DRN RAVENNA STN HOMER STN LA PALMA PARK WAY W R EED AVE N. EUCLID STW. LA PALMA AV E N. EAST STE. LA PALMA AVE 122 4 No rth Ha rbo r Bou lev ar d D E V 20 14 -0 00 1 6 Su bje ct Property APN: P2105002 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 [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. 2014-05728 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00016) (1224 NORTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition for Conditional Use Permit No. 2014-05728 to permit and construct a coffee shop with a drive through lane (herein referred to as the "Proposed Project") on that certain real property located at 1224 North 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"), pursuant to Section 18.60.090 of the Anaheim Municipal Code (“Code”); and WHEREAS, the Property is approximately 0.75 acres in size and is currently vacant. The Property is located in the General Commercial (C-G) Zone and is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, on June 30, 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 in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2014-05728, 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 construction and location of limited numbers of new, small facilities or structures. Section 15303 of the State CEQA Guidelines (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines") provides examples of projects that qualify for an exemption from the provisions of CEQA. The one example that is applicable to the proposed project is for "up to four… commercial buildings [such as a restaurant or similar structure] not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive." The proposed project fits within that example and, therefore, pursuant to Section 15303 of the State CEQA Guidelines, 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. 2014-05728, does find and determine the following facts: - 2 - PC2014-*** 1. A drive-through coffee shop is considered to be a "Restaurant - Drive-Through" use within the meaning of the Code and is an allowable primary use under subsection .010 of Section 18.08.030 within the Commercial Zones, subject to approval of a conditional use permit. 2. The Proposed Project 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 all traffic flows will be provided from an arterial highway, the one story building will be in scale with the surrounding uses, and a landscape buffer will be provided around the drive-through lane. 3. The size and shape of the site for the Proposed Project 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 Proposed Project has been designed to comply with all Code requirements, including setbacks, building height, signs, landscaping, and parking. 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 number of vehicles entering and exiting the site is consistent with typical retail businesses that would be permitted as a matter of right within the C-G (General Commercial) zone. 5. The granting of Conditional Use Permit No. 2014-05728 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an integrated land use that is compatible with the surrounding area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2014-05728, 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, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 3 - PC2014-*** BE IT FURTHER RESOLVED that Conditional Use Permit No. 2014-05728 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. 2014-05728 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. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 30, 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 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 30th day of June, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05728 (DEV2014-00016) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 All backflow eq uipm ent sha ll be located above ground outside of the street setback area i n a manner fully screen ed from all pu blic streets. Any backflow assemblies cur rentl y installed in a vault will have to be brought up to current standards. Any ot h er large water system equipment shall be in stalled to the satisfaction of the Water Engineering Division outsid e of t he street setback area in a manner fu ll y screened from all pu blic streets and alleys. Said information shall be specifically shown on pl ans a nd approved by Water En gineeri ng and Cross Cormection Co ntrol Inspector. Public Utilities Department, Water Engineering Division 2 All requests for new water services, backflow equipment, or fire lines, as well as any modi ficat ions, relocations, or abandonments of exist ing water servi ces, backflow equi pment, and fire lines, shall be coo rdinated and permitted through Water Engineering Di vision of t he Anaheim Public Utili ties Department. Public Utilities Department, Water Engineering Division 3 This is a project with a landscaping area exceeding 2,500 square feet. A Landscape Documentation Package and a Cert ification of Co mpletion are required and a separat e irrigation meter shall be in stalled in compliance wi th Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 relating to la ndscape water efficiency. Public Utilities Department, Water Engineering Division 4 All exis ti ng water services an d fire services s h all conform to current Water Services Stan dards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. Th e owner/d evel oper shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Department, Water Engineering Division 5 A plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. Public Works Department, Streets and Sanitation Division 6 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected Public Works Department, Streets and Sanitation Division - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 7 The applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The s tudy shall be based upon and reference the latest edition of t he Orange County H ydrology Manual the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10 -, 25-, and 100- year storm frequencies; an analys is of all drainage impacts to the existing storm drain system based upon the ultimate project build -out condition; and address whether off-site and/or on-site drainage improvements (such as detention/retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. The drainage study shall analyze the changes between the existing and proposed pervious/impervious surface improvements and demonstrate developed flows are not increased from the current condition. Public Works Department, Development Services Division 8 Unless otherwise deferred by City Council action, the project shall contribute its fair share contribution for the mitigation measures as identified in Mitigation Monitoring Program 157. These measures pertain to the Anaheim/La Palma traffic signal improvements, an Intelligent Transportation System for the Harbor/Carl Karcher and Anaheim /La Palma intersections, and traffic lane improvements at the Anaheim/Commercial intersection. Public Works Department, Traffic Division 9 Street improvement plans shall be submitted for all traffic related improvements adjacent to the project site to the Public Works Department, Development Services Division for review and approval. These plans shall show both sides of all streets and alleys adjacent to the propert y, including all driveways and utility i nstallations, signing and striping. All improvements shall be installed and completed prior to the first final build ing and zoning inspection. Public Works Department, Development Services Division 10 A bond shall be posted for all traffic related street improvements, including, but not limited to, directional signage, striping, and median islands as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. Public Works Department, Development Services Division - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works Department, Development Services Division 12 Prior to issuance of grading permit, the applicant shall submit to Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that conforms with current Orange Count y Guidelines and Requirements as well as City’s WQMP review checklist. Public Works Department, Development Services Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 13 The building shall be equipped with an alarm system (silent or audible). Police Department 14 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police Department 15 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 16 The rear doors of the premises shall be numbered with the same address numbers or suite number of the business. Minimum height of 4 inches is required. Police Department 17 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 18 Rooftop address numbers shall be provided for the police helicopter. Numbers shall be a minimum size of 4 ft. by 2 ft. The lines of the numbers are to be a minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Rooftop numbers are not to be visible from ground level. Police Department OPERATIONAL CONDITIONS 19 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division 20 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the Police Department - 9 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. 21 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division GENERAL CONDITIONS 22 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to building permits, grading permits, street improvement plans, water and electrical plans, landscape irrigation plans, and fire and life safety plans, etc. 23 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 24 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 Division 25 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Department, Planning Services Division ATTACHMENT NO. 3 ATTACHMENT NO. 4 PROJECT SUMMARY CONDITIONAL USE PERMIT NO. 2014-05728 Development Standard General Commercial Zone Standards Proposed Project Site Area None 0.75 acres Floor Area Ratio .50 FAR .05 FAR Height 75 feet 24 feet Setbacks Harbor Blvd. 15 feet North, East, & South (interior property line) 0 feet Harbor Blvd. 15 feet to drive through lane North East, & South (interior property line) 5 feet Parking 20 spaces required (including outdoor patio area) 22 spaces proposed ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 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. 8 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 30, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05734 LOCATION: 401 North Anaheim Boulevard (Colony House Banquet Hall) APPLICANT/PROPERTY OWNER: The agent is Greg McCafferty, representing the applicant and property owner, William Taormina with Clean City, Inc. REQUEST: The applicant requests approval of a conditional use permit to allow a banquet hall within an existing commercial building, including the consumption of alcoholic beverages. 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. 2014-05734. BACKGROUND: The 1.4-acre property is developed with a 2-story, 5,936 square foot commercial building. This building was previously occupied by Ember Lounge and Restaurant, which is no longer in business. The property is located in the C-G (General Commercial), T (Transition), and RM-4 (Multiple-Family Residential) zones. The General Plan designates this property for Mixed Use land uses. The property is surrounded by an automotive parts store and single family residences to the north, a banquet hall to the east across Anaheim Boulevard, an auto sales lot and apartments to the south across Adele Street, and single family homes and apartments to the west. PROPOSAL: The applicant proposes to establish a banquet facility in this existing commercial building. The facility would be available for private events, such as wedding receptions, birthday parties, family celebrations, and corporate functions. The business would include assembly areas for up to 400 guests on the first and second floors, as well as two bars, a dressing room, two restrooms, and a kitchen. The facility would also include an outdoor patio that would be used as a CONDITIONAL USE PERMIT NO. 2014-05734 June 30, 2014 Page 2 of 3 smoking area. The applicant proposes to offer alcoholic beverages in conjunction with food service during banquet events. The applicant proposes to restripe the parking lot to eliminate existing tandem spaces. The proposed hours of operation for the banquet business are from 7:00 a.m. to 12:00 midnight seven days a week. Both live and recorded music and dancing is proposed inside the building only. The applicant also proposes to hold 12 outdoor events per year in the parking lot area. The applicant did not provide any information regarding the types of events that would be held outdoors; however, the applicant indicates that no amplified music is proposed outside of the building. ANALYSIS: The Zoning Code permits banquet facilities with the sale and consumption of alcoholic beverages in the C-G zone subject to the approval of a conditional use permit in order to determine compatibility with surrounding land uses. The City did receive complaints regarding the prior use on the site, Ember Lounge, so the attached draft resolution contains recommended conditions of approval to mitigate any potential impacts to surrounding residential properties. These conditions require Police Department review and approval of proposed security measures, impose a 12:00 a.m. limit on the hours of operation, require that doors remain closed when entertainment is provided, including the doors to the outdoor smoking area, and prohibit loitering and alcoholic beverage consumption outside the facility during banquet events. The applicant proposes to host up to 400 attendees in the banquet hall. This occupancy limit is being proposed by the applicant based on the parking supply available on-site. The Zoning Code does not specify a parking standard for banquet facilities. However, the estimated parking demand is 125 spaces based on an assumed 3.18 patrons per car. This ratio is consistent with the parking standard applied to other recently-approved banquet facilities in the city. These facilities appear to be operating with sufficient parking. In addition, the banquet facility will have up to 10 employees on-site during peak event periods, creating a total demand of 135 spaces. The site would contain a total of 137 parking spaces, resulting in a surplus of two spaces. Based on experience with other banquet facilities in the City, staff believes the parking provided would be adequate to serve the demands of the facility. Staff is concerned about the proposed outdoor events in the parking lot area due to the close proximity of the homes and apartments to the north, south and west. Therefore, staff recommends that the number of outdoor events be limited to four per year; this limit would be consistent with the number of events that are permitted for all other banquet facilities, as well as other retail, restaurant, and entertainment businesses, within the City. To ensure that sufficient on-site parking is provided and noise disturbances do not adversely affect surrounding properties during such events, staff has included a condition of approval in the attached draft resolution which requires the applicant to obtain a special event permit prior to the commencement of each outdoor event. As required by the Zoning Code, no outdoor event would be permitted before 7:00 a.m. or after 10:00 p.m. In addition, the Code allows staff to deny a special event permit application if it is determined that the requested activity would adversely affect nearby uses. CONDITIONAL USE PERMIT NO. 2014-05734 June 30, 2014 Page 3 of 3 This property is located within Census Tract No. 873.00 which has a population of 10,413. Based on this population, the Department of Alcoholic Beverage Control (ABC) allows for 11 on-sale licenses and presently there are nine licenses within the tract. This location is also within Police Reporting District 1624; the crime rate in this district is 168 percent above the city average. As detailed in the attached Police Department memorandum, the crime rate within ¼ mile of this property is 190 percent above the city average. The calls for service within the surrounding area were primarily related to drug abuse violations, auto burglaries, petty thefts, simple assaults, and vandalism. Some of these calls were related to the previous nightclub on the property; however, the nightclub has been closed for several months and will be replaced with the proposed banquet hall. There are no outstanding Code Enforcement violations associated with the subject property. The City received numerous complaints from surrounding residents related to the former Ember nightclub. The former business operator allowed nightclub and concert promoters to use the venue in violation of the conditional use permit, resulting in negative impacts to the surrounding community. Complaints were generally related to loud music emanating from the building, customers parking in the adjacent neighborhoods, and disruptive customers loitering in the parking lot and surrounding neighborhood. According to the Police Department, the nightclub also generated a high number of calls for service in the area during that time. The proposed banquet facility is expected to operate much differently than the former use and would be compatible with, and an asset to, the surrounding neighborhood. Should the operator choose to allow activities that are not consistent with the terms of the conditional use permit, the City may take appropriate steps to ensure compliance, including termination of the conditional use permit. CONCLUSION: The banquet hall use, as conditioned, would be operated in a manner that is compatible with the surrounding area. The proposed use is also consistent with the property’s commercial zone designation which is intended to support a variety of commercial uses that support the surrounding community. Staff recommends approval of the requested conditional use permit. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Police Department Memorandum 4. Applicant’s Request Letter 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. Photographs 6. Plans C -G N IG H T C L U B RS-2SINGLE FAMILY RESID EN CE R S -3SFR RS-3DUPLEXC -G R E L IG IO U S U S E RS-3SINGLE FAMILY RE SIDENCE R S -2SFR R S -2 T R IP L E X C -G O F F IC E S C -G A U T O B O D Y S H O P R M -4 P A R K P R O M E N A D E A P T S 2 4 D U R S -2SFR R M -4 A P T S 1 2 D U C -G P A R K IN G L O T R S -2SFR R S -2SFR T P A R K IN G L O T C -G R E S T A U R A N T C -GRET A IL R M -4 A P T S 8 D U R M -4SFR R S -3SFR R S -3 D U P L E X R S -2SFR C -GRET A IL C -G O F F IC E S R S -2SFR R S -2SFR R M -4 P A R K IN G L O T C -G R E S T A U R A N T R S -3 P A R K IN G L O T R S -3 P A R K IN G L O TC-G P A R K IN G L O T C -G P A R K IN G L O T C -G P A R K IN G L O T C -G O F F IC E S C -G A U T O S A L E S C -GRETA IL C -G A U T O R E P A IR /S E R V IC ET R E L IG IO U S U S ET A P T S 2 0 D U R M -4 A P T S 1 0 D UT P E A R S O N P A R K N ANAHEI M BLVDN LEMON STW A D E L E S T W S Y C A M O R E S T W C Y P R E S S S T N CLAUDI NA STW A L B E R T A S T N ZEYN STE A D E L E S T E S Y C A M O R E S T E C Y P R E S S S TN CL AUDI NA STN. EAST STE. LA PALMA AVE E . L I N C O L N A V E S. EAST STN. HARBOR BLVDW. LA PALMA AV E W . B R O A D W A Y E .B R O A D W A Y W.LINC O L N A VE S. ANAHEI M BLVDW . B R O A D W A Y E . B R O A D W A Y W .L IN C O L N AVE401 N orth Ana he im Bou lev ard D E V 20 14 -0 00 2 8 Su bje ct Property APNs: 035-101-09035-101-14035-101-15035-101-16035-101-17 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 N ANAHEI M BLVDN LEMON STW A D E L E S T W S Y C A M O R E S T W C Y P R E S S S T N CLAUDI NA STW A L B E R T A S T N ZEYN STE A D E L E S T E S Y C A M O R E S T E C Y P R E S S S TN CL AUDI NA STN. EAST STE. LA PALMA AVE E . L I N C O L N A V E S. EAST STN. HARBOR BLVDW. LA PALMA AV E W . B R O A D W A Y E .B R O A D W A Y W.LINC O L N A VE S. ANAHEI M BLVDW . B R O A D W A Y E . B R O A D W A Y W .L IN C O L N AVE401 N orth Ana he im Bou lev ard D E V 20 14 -0 00 2 8 Su bje ct Property APNs: 035-101-09035-101-14035-101-15035-101-16035-101-17 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 [DRAFT] ATTACHMENT NO. 2 -1- RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05734 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00028) (401 NORTH ANAHEIM BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition for Conditional Use Permit No. 2014-05734 to permit a banquet hall within an existing commercial building, to include the on-site consumption of alcoholic beverages (herein referred to as the "Proposed Project") on that certain real property located at 401 North Anaheim 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"), pursuant to Section 18.60.090 of the Anaheim Municipal Code (“Code”); and WHEREAS, the Property is approximately 1.4 acres in size and is developed with a 5,936 square foot, 2-story commercial building. The Property is located in the C-G (General Commercial), T (Transition), and RM-4 (Multiple-Family Residential) zones and is, therefore, subject to the zoning and development standards described in Chapters 18.06 (Multiple-Family Residential zones), 18.08 (Commercial zones), and 18.14 (Public and Special Purpose zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for Mixed Use land uses; and WHEREAS, on June 30, 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 in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2014-05734, 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 pertaining to the request for Conditional Use Permit No. 2014-05734, does find and determine the following facts: - 2 - PC2014-*** 1. The request to permit the Proposed Project is properly one for which a conditional use permit is authorized under subsection .010 of Section 18.08.030.010 of the Code. 2. The proposed conditional use permit to permit the Proposed Project, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area because the conditions of approval contained herein will mitigate any potential impacts to surrounding residential properties. These conditions require, among other things, Police Department review of proposed security measures, a 12:00 a.m. limit on the hours of operation, requiring that doors remain closed when entertainment is provided, and prohibiting loitering and alcohol consumption outside the facility during banquet events. 3. The size and shape of the site for the Proposed Project 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 Proposed Project has been designed to comply with all Code requirements, including setbacks, building height, signs, landscaping, and parking. 4. The size and shape of the site for the Proposed Project 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 Proposed Project complies with all applicable development standards, including the required number of parking spaces. 5. The granting of Conditional Use Permit No. 2014-05734 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an integrated land use that is compatible with the surrounding area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2014-05734 at the Property, 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, (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. 2014-05734 is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. - 3 - PC2014-*** BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2014-05734 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. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 30, 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 30, 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 30th day of June, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05734 (DEV2014-00028) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE COMMENCEMENT OF THE BUSINESS, OR PRIOR TO THE ISSUANCE OF BUILDING PERMITS, WHICHEVER OCCURS FIRST 1 A security plan shall be submitted to the Police Department for review and approval prior to the operation of any business at this location. Police Department 2 The managers and/or owners shall call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The contact number is 714- 558-4101. Police Department 3 The property owner shall submit a letter requesting termination of Conditional Use Permit No. 2004-04952, including all of its subsequent amendments, to the Planning Department. Planning Department OPERATIONAL CONDITIONS 4 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police Department 5 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 premises. 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. Police Department 6 An admission fee for food service in conjunction with banquet events shall be permitted. An admission fee or a cover charge for nightclub purposes shall not be permitted. Police Department 7 A requirement to purchase a minimum number of drinks shall not be permitted. Police Department 8 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 9 The occupancy shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department or (ii) an occupancy limit established as a condition of the permit approved pursuant to this chapter, or any zone variance issued pursuant to Title 18 of this Code. Signs indicating the occupant Police Department, Fire Department - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT load shall be posted in a conspicuous place on an approved sign near the main exit(s) from the room(s). 10 The rear doors, adjacent to the parking lot area, shall remain closed at all times when entertainment is permitted, except for emergency exiting and delivery purposes. Police Department 11 No minor under the age of sixteen (16) years shall be allowed to attend the dance or event, unless accompanied by a parent or guardian. Police Department 12 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. Police Department 13 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. Police Department 14 The managers and/or owners shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 15 The managers and/or owners shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police Department 16 Subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police Department 17 The banquet hall shall be open no later than 12:00 a.m., seven days a week. Employees shall be allowed to clean-up the facility no later than 1:00 a.m. Police Department 18 Individual signs shall be posted inside the banquet hall near the exit doors stating "No alcohol allowed past this point”. Police Department 19 All employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. Police Department 20 The managers and/or owners shall allow all patrons to self park. Valet parking at no charge to the patrons shall be allowed on the premises, provided that a valet parking plan is submitted to, and approved by, the Chief of Police or his authorized representative. Police Department 21 This business shall not be operated as a nightclub or bar. Police Department - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 22 A maximum of four outdoor events shall be permitted within the parking lot area per calendar year. A Special Event Permit shall be obtained from the Planning Department prior to the commencement of each outdoor event to ensure that sufficient on- site parking is provided and noise disturbances do not adversely affect surrounding properties. Planning Department, Planning Services Division 23 Whenever a banquet or event is being held, security personnel shall be present both inside and outside the business, roaming the parking lot, to prevent loitering of persons about the premises, and to ensure that noise levels remain low and do not disturb the nearby residential neighborhood. Police Department 24 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. Police Department 25 The maximum occupancy of the banquet hall, on both floors and the outdoor patio combined, shall be limited to 400 attendees. Planning Department, Code Enforcement Division 26 There shall be no entertainment, amplified music, loitering, or dancing permitted outside of the building. Any entertainment shall not be allowed on the premises unless the business owner first obtains an Entertainment Permit. Police Department 27 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. Public Works Department, Streets and Sanitation Division 28 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 The managers and/or owners shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 30 Gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Public Works Department, Traffic Division 31 Trash shall not be emptied into outside trash containers between the hours of 10 p.m. to 7 a.m. daily. Planning Department, Code Enforcement Division GENERAL CONDITIONS 32 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 33 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 Division 34 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Department, Planning Services Division ATTACHMENT NO. 3 The Colony House 401 North Anaheim Blvd Anaheim, CA 92805 714-765-0360 Letter of Operation The Colony House will be a full service Banquet and Special Events Facility in the heart of the Anaheim Colony Historic District. There exists a major under- served population of customers in need of a quality downtown Anaheim location to have wedding receptions, funeral wakes, corporate events, convention-related gatherings, birthday parties, and other family-oriented celebrations. The Colony House will fill that need. The facility will be open seven days per week with operating hours from 7 a.m. until midnight. The existing full catering kitchen will be used for the preparation of meals for breakfasts, luncheons, and dinners associated with the various special events. Seating for 400 persons (350 inside the building and 50 in the patio) will be accomplished using the existing upstairs and downstairs banquet rooms and the existing patio. The existing patio may also be available for those who choose to smoke during various events since smoking will be prohibited indoors. Both Live and Recorded music will be played at the facility, indoors only. There will be no music or amplified sound on the exterior of the building. Inside the building, the existing stage will be used to accommodate both the live and recorded music distribution. All parking for the facility will be contained on site, and, in cases where additional parking is needed, on adjacent properties also owned by the subject property's owner. There will be no charge for parking. For some events, complimentary valet services will be provided. The existing bar facility will serve all alcoholic and soft drinks for each event. Presently there are three bars at the facility, two downstairs and one upstairs. One of the downstairs bars will be removed in its entirety, leaving only one bar upstairs and one bar downstairs. New signage and paint schemes will be installed on the interior and exterior of the building in keeping with the Craftsman colors seen in and around the Colony neighborhood. The existing landscaping will be refreshed and trimmed, Also, the building's windows, previously covered-up by the prior tenant, will be opened up to allow light and fresh air to enter the interior spaces of the building. The parking lot will also be re-striped to remove the tandem parking spaces. ATTACHMENT NO. 4 The large parking lot adjacent to the main building may at times be utilized for outdoor events. For example, 24 Carrots may host an event with an outdoor and indoor component. We are requesting up to 12 outdoor events per year. One of the goals of the new tenant will be to make The Colony House an iconic destination for the North Orange County Region and to bring life and commerce back to Downtown Anaheim. Should you have any questions about this operation, please feel free to contact the property owner, Bill Taormina at 714-308-0220 (cell), or by email at bill@mycleancity.net. Sincerely, William C. Taormina EMBER CAFÉ AND MUSIC CLUB PHOTOS View from Anaheim Blvd. Auto sales lot to the south Ember parking lot ATTACHMENT NO. 5 View from Anaheim Blvd. Auto Zone store to the north View from Landmark parking lot Landmark parking lot Landmark banquet hall Okuda body shop The Colony House- LOWER LEVEL - Seating For 270 Interior Seating for 50 ExteriorRESTROOMRESTROOMBUILT-IN BARBALCONYSTAIRSDOWNSTAIRS OVERLOOKSTAIRSThe Colony House - UPPER LEVEL - Seating for 80STAIRSBUILT-IN BARKITCHENSTAGE PATIOEXTERIORENTRANCERESTROOMSBRIDAL ROOMSTAIRSRoom name: The Colony House - Lower LevelPrepared By: 24 CarrotsPrepared On: 05/30/14 13:43:09Ceiling Height: 100.0 ftOccupancy:Remarks: ATTACHMENT NO. 6 69 ft 0 in52 ft 0 in62 ft 0 inThe Colony House- LOWER LEVEL - Seating For 270 Interior Seating for 50 ExteriorSTAIRSSTAIRSENTRANCERESTROOMSKITCHENBRIDAL ROOM PATIOEXTERIORBUILT-IN BARSTAGERoom name: The Colony House - Lower LevelPrepared By: 24 CarrotsPrepared On: 05/30/14 13:42:36Ceiling Height: 100.0 ftOccupancy:Remarks: SHEET:PROJECT:JOB NO.:DRAWN:SCALE:DATE:STAMP:CLIENT:REVISIONS:DESIGNER:CRE8 DESIGN PLUS 201 E. CENTER STREET SUITE 103 ANAHEIM, CALIFORNIA 92805Design & Prepared byEleazar GrahamTITLE:SP1.0SITE PLANSITE PLANGROSS SQUARE FOOTAGE = 6,400 SF (APPROX.)THE COLONY HOUSE415'188'(E) 26 parking spaces(E) 4 parking(E) 7 parking(E) 2 parking(E) 11 parking spaces (E) 11 parking spaces (E) 11 parking spaces (N) 11 PARKING SPACES(N) 13 PARKING SPACES(N) 3 PARKING SPACES(E) 16 PARKING SPACES(E) 11 parking spaces(E) 11 parking spaces 59 ft 3 in43 ft 0 inRESTROOMRESTROOMBUILT-IN BARBALCONYSTAIRSDOWNSTAIRS OVERLOOKSTAIRSThe Colony House - UPPER LEVEL- Seating for 80Room name: The Colony House - UpstairsPrepared By: 24 CarrotsPrepared On: 05/30/14 13:29:05Ceiling Height: 100.0 ftOccupancy:Remarks: 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.