Loading...
PC 2014/07/14 City of Anaheim Planning Commission Agenda Monday, July 14, 2014 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chair: Victoria Ramirez • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell, Bill Dalati, Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Items of Public Interest Oath or Affirmation of Allegiance: Swearing in of Planning Commissioner Bill Dalati • Appointments New Planning Commission Chairman and Chairman Pro-Tempore • 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, July 10, 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 07/14/14 Page 2 of 5 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. Items of Public Interest: Oath or Affirmation of Allegiance: Planning Commissioner – Bill Dalati Planning Commission Appointments: Appointment of a Planning Commission Chairman (Motion) Appointment of a Planning Commission Chairman Pro-Tempore (Motion) 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. 07/14/14 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2014-05736 (DEV2014-00047) Location: 328 North Stanton Avenue Request: To permit a 50-foot high telecommunications antenna to be concealed in a decorative tower added to an existing hotel building. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 11 (Accessory Structures).Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2014-05738 VARIANCE NO. 2014-04972 (DEV2014-00053) Location: 1145 North Red Gum Street Request: To permit a transmission repair facility for trucks, buses and heavy equipment 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. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net 07/14/14 Page 4 of 5 ITEM NO. 4 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00105 (DEV2014-00034) Location: 121 North Beach Boulevard Request: A determination of public convenience or necessity in order to permit the sale of alcohol for off-site consumption in conjunction with an existing retail store (Wal-Mart). Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 1325A (DEV2014-00029) Location: 701 South Brookhurst Street Request: To amend a previously approved conditional use permit to demolish a pool and storage building for an existing 31 unit motel (Motel 6). 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 28, 2014 at 5:00 p.m. 07/14/14 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:45 p.m. July 9, 2014 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JULY 14, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05736 LOCATION: 328 North Stanton Avenue (Best Value Inn) APPLICANT/PROPERTY OWNER: The applicant is Core Development Services, and the property owners are Rohit and Dipesh Bhakta. REQUEST: The applicant is requesting approval of a conditional use permit to allow a 50-foot high Wireless Communications Facility concealed in a decorative tower at an existing hotel. 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 11, Accessory Structures) and approving Conditional Use Permit No. 2014-05736. BACKGROUND: This 0.66-acre site located in the C-G (General Commercial) zone is currently developed with a three story hotel. The General Plan designates the site for Regional Commercial land uses. Surrounding land uses include an automotive repair shop to the north in the City of Buena Park, single-family residential to the northeast in Buena Park, condominiums to the west across Stanton Avenue and Beach Boulevard, and a vacant property to the south and east. PROPOSAL: The applicant is proposing to construct a 50-foot high, Wireless Communications Facility within a new tower element attached to the east side of the existing hotel. The east elevation of the hotel has a height of 32 feet so the new tower element would project eighteen feet above the existing roofline. All equipment would be completely screened within the tower. A nine-foot tall equipment enclosure would be located adjacent to the tower. The proposed tower and equipment enclosure would be painted and textured to match the stucco exterior of the hotel. The unmanned facility would operate 24 hours a day; seven days a week. Routine maintenance would occur every four to six weeks. ANALYSIS: The Code requires a conditional use permit for a Wireless Communications Facility when the height of the facility exceeds the height limit of the underlying zone. The Zoning Code allows structures located 75 to 100 feet from residentially-zoned properties to have a maximum height of 38 feet. The tower would be located 95 feet from a residential zone boundary in the City of Buena Park and would be 50 feet high. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05736 July 14, 2014 Page 2 of 2 The purpose of the conditional use permit is to ensure compatibility with surrounding uses. The hotel has three existing telecommunications towers and the tallest is 44 feet high. In addition, the hotel has a freestanding sign that is 44.5 feet high. The proposed tower would be consistent with these site improvements. The tower would be located to the rear of the hotel on an unused portion of the property. Although the residential zone boundary is 95 feet from the telecommunications tower, the tower would be greater than 150 feet from the nearest residential structure due to the pie-shape of the nearest residential lot. The proposed tower would be fully integrated into the hotel building. There would be no significant aesthetic impacts since the design and materials of the tower would be consistent with the hotel. The equipment would be completely enclosed in a structure to prevent noise impacts on adjacent properties. Therefore, staff does not anticipate any conflicts with surrounding uses. The applicant has submitted a site justification study which indicates that the height proposed for this facility is necessary to eliminate coverage gaps and enhance voice and data services in this area of the City. The benefits of this improved service would be better voice and reception quality, higher security and privacy for users and enhanced communications for emergency services. As required by the Zoning Code, the study also provides alternative locations and designs. Four properties within the search ring were considered, but the applicant’s engineer determined the alternative locations and designs would not achieve the necessary coverage objectives, or the sites did not have the necessary space for the facility. Staff believes that the proposed tower would have a lesser impact on the aesthetics of the area as compared to other alternative locations that have shorter buildings, since the Wireless Communications Facility would be fully integrated into the hotel building. The applicant indicates in its letter of justification that the tile-roofed cupola on top of the tower could be removed from the design in order to reduce the height of the tower from 50 feet to 46 feet, 8 inches. Staff considered this alternative, but believes that the cupola design would be preferable because the roof provides a finished architectural detail that is consistent with the roof materials of the other tower elements and the mansard-type roof at the front of the hotel. The three foot, four inch height difference would be negligible in relation to the scale of the building. CONCLUSION: Staff believes that the proposed telecommunications tower would be compatible with surrounding land uses and would help support the local community by improving telecommunication service in the area. The facility is designed in a manner that minimizes visual impacts on adjacent land uses, including the adjoining residential neighborhood in Buena Park. Staff recommends approval of the conditional use permit. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Letter of Request and CUP Justification 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. Photo Simulations 5. Plans C-GBEST VALUEINN & SU ITES RM -3CONDOMINIUMS/TOW NH OU SE S RM-4VACANT RM-3CONDOMINIUMS/TO W NHOUSE S RM-4VACAN T C-GVACAN T C-GVACANT C-GVACANT C-GVACAN T C-GVACANT C-GVACANT C-GVACANT C-GRETAIL RM -3CONDOMINIUMS/TOW NH OU SE S CITY OF B UENA PARK CITY OF ANAHEIM N BEACH BLVDB E AC H B L VDSTANTON AVEN STANTON AVEPINYON STDRAC AE NA DR J AC K S ON WAY W A NACA PA WAY W. LINCOLN AVE W. ORA NGE AVE . CRE SCENT AVE N. MAGNOLIA AVEW. BRO ADW AY S. DALE AVE. KNOTT AVES. KNOTT AVES.WESTERNAVEW. LINCO L N AVE 328 N orth Sta nto n Av en ue D E V 20 14 -0 00 4 7 Su bje ct Property APN: 258-011-22 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 N BEACH BLVDB E AC H B L VDSTANTON AVEN STANTON AVEPINYON STDRAC AE NA DR J AC K S ON WAY W A NACA PA WAY W. LINCOLN AVE W. ORA NGE AVE . CRE SCENT AVE N. MAGNOLIA AVEW. BRO ADW AY S. DALE AVE. KNOTT AVES. KNOTT AVES.WESTERNAVEW. LINCO L N AVE 328 N orth Sta nto n Av en ue D E V 20 14 -0 00 4 7 Su bje ct Property APN: 258-011-22 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 CITY O F BUENA PARK CITY O F ANA HEIM [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05736 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00047) (328 NORTH STANTON 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. 2014-05736 to permit a 50-foot high telecommunications antenna concealed in a decorative tower at an existing hotel (herein referred to as the "Proposed Project") for certain real property located at 328 North Stanton 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 0.66 acre, is developed with a three story hotel. The Anaheim General Plan designates the Property for Regional 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 July 14, 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. 2014-05736, 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 11 – Accessory Structures) 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. 2014-05736, does find and determine the following facts: 1. The request to permit a telecommunications tower that exceeds the maximum height requirement in the General Commercial (C-G) Zone is properly one for which a conditional use permit is authorized by Section 18.38.060.050.0511 (Supplemental Use Regulations) of the Code. - 1 - PC2014-*** 2. The request to permit a telecommunications tower that exceeds the maximum height requirement 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 will be located in a tower structure that matches the existing hotel; and 3. The size and shape of the site for the proposed telecommunications tower 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 telecommunications tower 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 no traffic will be generated by this unmanned telecommunications facility; 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 land uses. 6. Alternatives were provided to staff, including but not limited to additional and/or different locations and designs, and has determined that the application as approved would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives; 7. Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for collocation of facilities or for the efficient operation of the proposed facility; and 8. Any negative impacts of the proposed facility are properly mitigated. 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. 2014-05736, 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. - 2 - 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 July 14, 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 - 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 July 14, 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 14th day of July, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05736 (DEV2014-00047) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. Planning Department, Code Enforcement Division 2 The telecommunications tower shall not exceed 50 feet in height. Planning Department, Planning Services Division 3 The telecommunications facility may continue indefinitely and shall be limited to the design as specifically identified on the approved exhibits. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Services Manager of the Planning Department and/or his or her designee. Planning Department, Planning Services Division 4 No signage, flags, banners or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building. Planning Department, Code Enforcement Division 5 The telecommunications equipment operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. The telecommunications equipment operator shall resolve all interference complaints within twenty-four (24) hours. Police Department GENERAL 6 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 - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 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 8 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 - 7 - PC2014-*** ATTACHMENT NO. 3 ©2014 Google Maps Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking south from adjacent parking lotProposed View 1 proposed antennas within new tower structure 328 North Stanton Avenue Anaheim CA 92801 Anaheim Westgate ATTACHMENT NO. 4 ©2014 Google Maps Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking southeast from Stanton AvenueProposed View 2 proposed antennas within new tower structure 328 North Stanton Avenue Anaheim CA 92801 Anaheim Westgate ©2014 Google Maps Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking northeast from Beach BoulevardProposed View 3 proposed antennas within new tower structure proposed equipment enclosure 328 North Stanton Avenue Anaheim CA 92801 Anaheim Westgate ©2014 Google Maps Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking southwest from Dracaena DriveProposed View 4 proposed antennas within new tower structure 328 North Stanton Avenue Anaheim CA 92801 Anaheim Westgate 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. ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JULY 14, 2014 SUBJECT: VARIANCE NO. 2014-04972 AND CONDITIONAL USE PERMIT NO. 2014-05738 LOCATION: 1145 North Red Gum Street APPLICANT/PROPERTY OWNER: The applicant is Dartco Transmissions, represented by Phillip Schwartze, and the property owner is Leonard Nagel. REQUEST: The applicant requests approval of a conditional use permit t o establish a transmission repair facility for trucks, buses and heavy equipment. The applicant also requests a variance to allow fewer parking spaces than required by the Zoning Code. 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 Variance No. 2014-04972 and Conditional Use Permit No. 2014-05738. BACKGROUND: The 1.3-acre property is developed with a 23,412 square foot industrial building and is located in the Northeast Area Specific Plan, Development Area 1 - Industrial (SP94-1, DA1). The General Plan designates this property for Industrial uses. Surrounding land uses are industrial in all directions. PROPOSAL: The applicant would like to relocate an existing transmission sales and service business for trucks, buses and heavy equipment to this property. The business sells new and used transmissions and provides transmission repair services for commercial customers. The business is not an automobile repair facility open to the general public. Most transmissions are removed from vehicles off-site and delivered to the business for repair, although occasionally transmissions are removed and installed on-site. The building includes a large warehouse, offices, storage and a mezzanine. The property also has existing outdoor storage areas that are completely screened from view. No exterior or interior changes to the building are proposed at this time. The hours of operation would be 7:00 a.m. to 5:00 p.m. Monday through Friday, with a maximum of six employees. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05738 AND VARIANCE NO. 2014-04972 July 14, 2014 Page 2 of 2 ANALYSIS: Parking Variance: The Zoning Code requires 3.5 parking spaces per 1,000 square feet of gross floor area for automotive repair. The proposed transmission repair facility would require a total of 82 parking spaces. The property currently has 41 spaces. The applicant has submitted a parking justification analysis that indicates the business does not work on automobile transmissions for the general public. Large commercial transmissions are typically delivered on a pallet for repair. The 41 outdoor parking spaces would only be utilized by six employees and a limited number of business clients. Because of the operational characteristics of the business, staff believes that the proposed number of parking spaces would be more than adequate for the proposed use. A condition of approval has been included in the attached resolution prohibiting the business from operating as a retail transmission repair shop for the general public. Conditional Use Permit: The sales, warehousing, and modification of new and used transmissions are permitted by right in this zone. However, the on-site vehicle repair component of the business operation requires approval of a conditional use permit in order to determine compatibility with surrounding land uses. The property is surrounded by industrial land uses. The property is large enough to allow circulation of large trucks and equipment without impacting surrounding properties. The building has large doors to the rear of the building that are ideal for the delivery of large transmissions. All repairs of transmissions would be conducted within the building. The transmission repair facility has been in operation at a different location in Anaheim for several years and has received no Code complaints regarding the operation of the business. A letter of opposition, provided as Attachment No. 7 to this report, was received from an adjacent property owner expressing concerns regarding the lack of parking for the proposed business. The letter indicates that there is currently a lack of parking in the area and that existing overflow on- street parking in the area is disruptive to existing businesses. Staff believes that adequate parking is provided on-site to accommodate the parking demands of this business and there would be no additional impacts to surrounding properties associated with this business. CONCLUSION: Staff believes the business is compatible with the surrounding industrial land uses. In additions, there is adequate parking to accommodate the proposed use. Therefore, staff recommends approval of the parking variance and the conditional use permit. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Applicant’s Request Letter 4. 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. 5. Photographs 6. Site Plan and Floor Plan 7. Letter of Opposition S P 9 4 -1 D A 1 IN D U S T R IA L SP 94-1DA1INDUSTRIAL S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 1 O F F IC E S S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 1 V O IT L A P A L M A C O R P O R A T E P A R K S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 1 IN D U S T R IA L E L A P A LM A A V EN RED GUM STE B LU E S T A R S T E C O R O N A D O S T E WHITE STAR AVE E R IC K E R W A YN VAN HORNE WAYE B L U E S T A R S T E . L A P A L M A A V E E . M IR A L O M A A V E N.BLUEGU M S T N. MI LLER STN. SUNKIST STN. RIO VISTA ST114 5 No rth Re d Gu m St reet D E V 20 14 -0 00 5 3 Su bje ct Property APN: 344-071-08 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 12 E L A P A LM A A V EN RED GUM STE B LU E S T A R S T E C O R O N A D O S T E WHITE STAR AVE E R IC K E R W A YN VAN HORNE WAYE B L U E S T A R S T E . L A P A L M A A V E E . M IR A L O M A A V E N.BLUEGU M S T N. MI LLER STN. SUNKIST STN. RIO VISTA ST114 5 No rth Re d Gu m St reet D E V 20 14 -0 00 5 3 Su bje ct Property APN: 344-071-08 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 VARIANCE NO. 2014-04972 AND CONDITIONAL USE PERMIT NO. 2014-05738 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00053) (1145 NORTH RED GUM STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Variance No. 2014-04969 to permit fewer off-street parking spaces than required by the Zoning Code in conjunction with Conditional Use Permit No. 2014-05738 to permit a transmission repair facility for trucks, buses and heavy equipment (herein referred to as the "Proposed Project") for certain real property located at 1145 North Red Gum 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, consisting of approximately 1.3 acre, is developed with an industrial building. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located in the Industrial Area (Development Area 1) 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 Anaheim Municipal Code (the "Code"). The underlying base zone for the Property is the "I" (Industrial) Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 14, 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 Variance No. 2014-04972 and Conditional Use Permit No. 2014-05738, 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 (i.e., Class 1) which consist of, among other things, the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities or mechanical equipment, 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 - 1 - PC2014-*** WHEREAS, based upon the parking justification letter submitted by the applicant, 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. (82 spaces required; 41 spaces proposed) 1. That 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 of such use because the transmission repair facility will only service commercial vehicles and will not provide service on automobiles for the general public; 2. That the variance, under the conditions imposed, 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 transmission repair facility; 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on-site parking for the transmission repair facility will adequately accommodate peak parking demands of the use on the site; 4. That the variance, under the conditions imposed, 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 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because 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 industrial property. 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. 2014-05738, does find and determine the following facts: 1. The request for a conditional use permit to permit a transmission repair facility for trucks, buses and heavy equipment is properly one for which a conditional use permit is authorized, subject to the imposition of conditions of approval. - 2 - PC2014-*** 2. The conditional use permit, 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 an industrial building and is surrounded by other industrial uses. 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 transmission repair facility only services large commercial transmissions that are delivered to the site. 5. The granting of Conditional Use Permit No. 2014-05738 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. 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. 2014-04972 and Conditional Use Permit No. 2014-05738 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. - 3 - PC2014-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 14, 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 July 14, 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 14th day of July, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” VARIANCE NO. 2014-04972 AND CONDITIONAL USE PERMIT NO. 2014-05738 (DEV2014-00053) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. 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 2. All requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 3. 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 4. The business shall operate as a transmission repair facility for trucks, buses and heavy equipment and shall not repair automobiles for the general public. Planning Department, Planning Services Division 5. All work shall be conducted wholly within the building. Planning Department, Planning Services Division 6. The building shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: • The perimeter of the building an access route protection • High valued storage areas • Interior building door to shipping and receiving area Police Department, Planning & Research Unit 7. 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 - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 shall be spaced 12” to 18” apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. Police Department, Planning & Research Unit 9. 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 GENERAL CONDITIONS OF APPROVAL 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 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 - 8 - PC2014-*** ATTACHMENT NO. 3 LETTER OF OPERATIONS Dartco Transmission Sales and Service, Inc is a California corporation that has been in business since December 18, 1980. We have been a full service authorized Allison dealer since 1986. As a result of being an authorized dealer we are also capable of completing any Allison Warranty repairs. We are also able to perform all necessary repairs to any Allison product in accordance with all Allison Transmission repair specifications. We have four locations nationwide with two locations being authorized full service Allison dealers. Our inventory of new, used parts is in excess of $3 million nationwide. Services to be performed at 1145 N. Red Gum, Anaheim, CA: • Allison transmission removal and re-install from Commercial Trucks, Buses and Municipal vehicles. • Tear down and rebuilding of all Allison on-highway transmission products. • Dynamometer testing of all rebuilt Allison products. • Machine shop equipment for parts fabrication. • Rebuilt transmission exterior painting • Transmission core storage • New and used parts storage • Shipping and Receiving • Offices and administration • Technical support • Wiring harness assembly The hours of operation will be weekdays from 7AM till 5 PM We will have 5 or 6 employees depending on the season Submitted for Conditional Use Permit application June 17, 2014 ATTACHMENT NO. 4 ATTACHMENT NO. 5 A.1S I T E P L A NExisting Layouta r c h i t e c t u r eF u l b r i g h tR o d r i g u e zA r c h i t e c t s, I n c.p l a n n i n gu r b a n d e s i g n31878 Del Obispo St., Ste. 118-339San Juan Capistrano, CA 92675F R A, I n c.949.783.0727CONCEPTUAL DESIGN FOR PLANNING PURPOSES ONLY - NOT INTENDED FOR CONSTRUCTION06.23.14SHEETΞŽƉLJƌŝŐŚƚϮϬϭϰ DARTCO1145 N. Red Gum StreetAnaheim, CA 92806NORTH1145 N. RED GUM STREET1-STORY TILT-UP BUILDING>EZсцϭ͘ϯϯZ^;цϱϴ͕ϬϯϬ^͘&͘ͿAPN: 344-071-08387.50'N. RED GUM STREETCLE. BLUE STAR STREET0' 10'50'100'Scale: 1" = 20'150.00' 135.00'372.10'*CL2HC2163712513132399156511Typ.11Typ.998810Typ.44466730' (E) DRIVEWAY24'(E) DRIVEWAY9'18'8'9'18'TYP.9'TYP.24'(E) DRIVEWAY9'TYP.18' TYP.1415SITE PLANNING NOTES:easements, road & curb alignments, and, grading & topography conditions. Civil engineer required to verify all property line dimensions, setbacks, 4.Site plan is intended for initial design & planning submittal purposes only.1. 3.2.Site plan does not warrant, or guarantee code and/or zoning ordinance compliance. Property LineStreet CenterlineGENERAL NOTES:1. Existing Land Use: Automotive2. Proposed Land Use: No Change3. Existing General Plan: Industrial4. Proposed General Plan: Same, No Change5. Existing Zoning: I-L (Industrial)6. Proposed Zoning: Same, No Change7. Water Service Provided By: TBD8. Sewer Service Provided By: TBD9. Electric Service Provided By: Southern California Edison10. Gas Service Provided By: SoCal Gas. Co.11. Telephone Service Provided By: TBDLAND USE SUMMARY:Parcel Gross Area Net Area General Existing No. S.F. Acres S.F. Acres Land Use Land Use 8 50,030 1.33 50,030 1.33 Industrial (I-L) AutomotiveSITE TABULATIONS:Site Area:SITE PLANNING LEGEND123Sidewalk45Existing Driveway67Vehicular Entry / Exit8Existing Wrought Iron Gate910Existing Parking Area11Existing Paved Area12Existing Landscape Area5.This site planning document does not replace, or substitute, civil engineering surveys, geotechnical, and / or soils reports and studies.Civil Engineer, and/or Utility Consultant, to determine final location, connectionpoints / P.O.E., size, pressure, depth, material, and capacity, of new water supply lines,sewer waste lines, gas lines, electrical lines, and / or transformer(s).This document is not intended for construction.PARKING TABULATIONS:Existing Parking:Standard Stalls = 41 SpacesHandicapped Stall = 2 SpacesTotal Provided Parking = 43 Stalls50,030 s.f 1.33 AcresSite Coverage:19,826 s.f (36%)Landscape Coverage: 7,843 s.f (15%)Existing Disabled Parking StallExisting Standard Parking StallExisting Building Entry Plan 12. Specific Plan: Northeast Area Specific Plan (SP 94-1)*13Existing Yard Area14New Trash Enclosure per City of Anaheim RequirementsBUILDING TABULATIONS:FIRST FLOOR:Office:2,584 s.fWarehouse:17,240 s.f MEZZANINE:Office:1,926 s.fStorage:1,662 s.f15Existing Path of Travel for Handicap AccessPROJECT SITEVICINITY MAPN.T.S.NORTHATTACHMENT NO. 6 Scale: 1/8" = 1-0"0' 4' 8' 16'32'NORTH14'-8"24'-9"1'-0"40'-4"40'-7"16'-7"19'-0"23'-2" 4'-11"13'-10"15'-5"8'-1"17'-0"27'-0"12'-0"14'-5"13'-5"10'-0"60'-2"3'-6"36'-4"60'-5"198'-3"98'-3" 1'-7"1'-7"21'-9"61'-6"3'-312" “1'-0" “24'-7" “27'-2" “4'-10" 21'-6" “70'-7"  “3'-312"a r c h i t e c t u r eF u l b r i g h tR o d r i g u e zA r c h i t e c t s, I n c.p l a n n i n gu r b a n d e s i g n31878 Del Obispo St., Ste. 118-339San Juan Capistrano, CA 92675F R A, I n c.949.783.0727CONCEPTUAL DESIGN FOR PLANNING PURPOSES ONLY - NOT INTENDED FOR CONSTRUCTION06.17.14SHEETΞŽƉLJƌŝŐŚƚϮϬϭϰ DARTCO1145 N. Red Gum StreetAnaheim, CA 92806Existing Demising Wall To RemainExisting Restroom To RemainFLOOR PLAN KEYNOTES123Existing Floor Access Ladder45Line of Existing Floor Below67Existing Office and Storage Area To RemainMetal Roll Up Garage Door To RemainLine of Existing Floor AboveA.2F I R S T F L O O R P L A NExisting LayoutExisting Structural Column8Existing 42" High Guardrail9 Scale: 1/8" = 1-0"0' 4' 8' 16'32'NORTH14'-8"45'-3"59'-8"16'-7"4'-11"13'-3"7'-9"7'-9"7'-9"8'-11"8'-11"39'-0"23'-4"3'-6"22'-1"27'-11"11'-8"29'-3" 19'-0"3'-6"77'-4"60'-5"39'-10"47'-10"12'-4"10'-0"27'-10"19'-0"40'-4"16'-7"2'-9"a r c h i t e c t u r eF u l b r i g h tR o d r i g u e zA r c h i t e c t s, I n c.p l a n n i n gu r b a n d e s i g n31878 Del Obispo St., Ste. 118-339San Juan Capistrano, CA 92675F R A, I n c.949.783.0727CONCEPTUAL DESIGN FOR PLANNING PURPOSES ONLY - NOT INTENDED FOR CONSTRUCTION06.17.14SHEETΞŽƉLJƌŝŐŚƚϮϬϭϰ DARTCO1145 N. Red Gum StreetAnaheim, CA 92806A.3M E Z Z A N I NE F L O O R P L A NExisting LayoutExisting Demising Wall To RemainExisting Restroom To RemainFLOOR PLAN KEYNOTES123Existing Floor Access Ladder45Line of Existing Floor Below67Existing Office and Storage Area To RemainMetal Roll Up Garage Door To RemainLine of Existing Floor AboveExisting Structural Column8Existing 42" High Guardrail9 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. ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JULY 14, 2014 SUBJECT: PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00105 LOCATION: 121 North Beach Boulevard (Wal-Mart) APPLICANT/PROPERTY OWNER: The agent is Brent McManigal representing the applicant, Wal-Mart Stores Inc. and the property owner is Sterik Buena Park, LP. REQUEST: The applicant is requesting a Determination of Public Convenience or Necessity to permit the sales of alcoholic beverages for off-site consumption in an existing retail store. 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 Public Convenience or Necessity No. 2014-00105. BACKGROUND: This 8.5-acre property is developed with a commercial center with retail uses including a 56,000 square foot Wal-Mart Neighborhood retail store. It is within the C-G (General Commercial) zone. The General Plan designates this property for Regional Commercial land uses. The property is surrounded by condominiums to the north, a mobile home park and single family residence to the west, commercial uses to the south across Lincoln Avenue, and a service station and vacant property to the east across Beach Boulevard. PROPOSAL: The applicant is requesting approval of a Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) license for a recently-opened Wal-Mart Neighborhood retail store. The sale of alcohol for off-premises consumption will be a small percentage of the overall retail sales activity of the store with less than two percent of the floor area allocated for this purpose. No exterior changes to the existing building are proposed. Wal-Mart operates from 6:00 a.m. to 11:00 p.m. daily. ANALYSIS: The sale of alcoholic beverages in markets over 10,000 square feet in size is permitted by right in the C-G zone. However, a Determination of Public Convenience or Necessity is required in this instance because there is an overconcentration of off-sale licenses in the Census tract where this store is located. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00105 July 14, 2014 Page 2 of 2 State law limits the issuance of new alcoholic beverage sales licenses when a license is requested for a property located in a police reporting district with a crime rate above the City average, or when there is an overconcentration in the number of ABC licenses within a census tract. However, the law also states that such restrictions can be waived if the local jurisdiction makes a determination that the proposed outlet would serve "public convenience or necessity." A Determination of Public Convenience or Necessity is required in this case because approval of this request will result in an over- concentration of off-premises alcohol consumption licenses within this census tract and the police reporting district has a crime rate above the City average. This property is located within Census Tract No. 1104.2 which has a population of 5,459. Five off-sale licenses are permitted based on this population, and currently there are five licenses in the tract. This would be the sixth license in this census tract. This census tract crosses the City’s boundary. Of the five existing licenses, only one license is located in Anaheim. The property is within Police Reporting District No. 1615 which has a crime rate that is 246% above the citywide average. The crime rate within ¼ mile of this property is 185% above the citywide average based upon calls for service. These calls consisted of 34 petty thefts, 24 drug abuse violations, 22 assaults, 16 vandalisms and 15 grand theft autos. There have been eight calls for service to this commercial center in the last year related to three suspicious circumstances, three disturbances, one grand theft and one trespass. The calls for service to this property within the past year were not alcohol-related. Further, staff does not believe the sale of alcohol at this location would contribute to an increase in alcohol related crimes in the area. According to the applicant, Wal-Mart conducts an alcohol sales training program for employees that details California law governing the sale of alcohol. This training is required for all sales associates, cashiers and managers and includes annual re-training. In addition, the store has implemented several measures to deter crime and further ensure that alcohol will not create a nuisance for the surrounding area. These measures include a well-lit parking lot, state of the art cash registers that automatically require proper identification when alcoholic beverages are purchased, and strategically placed security cameras. There are no outstanding Code Enforcement violations associated with this Wal Mart. Further, other Wal Mart retail stores with similar operations and employee training operate in the City without negative impacts from the sales of alcoholic beverages. Staff believes that the sale of alcoholic beverages, with recommended conditions of approval relating to security measures and the prohibition of exterior displays of alcohol, would be compatible with the surrounding area. CONCLUSION: The proposed sale of alcoholic beverages for off-premise consumption is a compatible use with the retail center and the surrounding area. The sale of such beverages will provide a convenience to Wal-Mart patrons. Staff recommends approval of the request. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft PCN Resolution 3. Request Letter 4. Police Department Memorandum 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. Site and Floor Plans 6. Site Photographs C-GRETAIL C-GRETAIL RM-4FOURPLE X RM-4FOURPLE X TSFR RM -4APT RM-4FOURPLE X T (M H P)LA BELLE FON TAI NEMOBILE H O ME ESTATES C-GAMERICANAMOTEL C-GSERVICESTATION C-GSERVICESTATION C-GRETAIL C-GVACANT C-GCAR WAS H C-GRETAIL T (M H P)LA BELLE FON TAI NEMOBILE H O ME ESTATES C-GVACANT RM-3CONDOMINIUMS/TO W NHOUSE S C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL T (MH P)PAC IFI C SUN SE T M OB ILEH OM E PAR K C-GVACAN T C-GVACANT C-GRETAIL C-GRETAIL RM-4FOURPLE X RM -4FOURPLE X RM-3CONDOMINIUMS/TO W NHOUSE S W L I NCOLN AVE N BEACH BLVDS BEACH BLVDN STANTON AVEW LIN COL N AVE W LIN COL N AVE S DELANO STW C OO LID GE AV E W A NACA PA WAYN SANTA MARIA STW. LINCOLN AVE W. ORA NGE AVE . CRE SCENT AVE S. DALE AVES. KNOTT AVEN. MAGNOLIA AVEW. BRO ADW AY S. WESTERN AVE. KNOTT AVEW. LINCO LN AVE 121 N orth Bea ch Bo ule va rd D E V 20 14 -0 00 3 4 Su bje ct Property APN: 135-251-28 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 W L I NCOLN AVE N BEACH BLVDS BEACH BLVDN STANTON AVEW LIN COL N AVE W LIN COL N AVE S DELANO STW C OO LID GE AV E W A NACA PA WAYN SANTA MARIA STW. LINCOLN AVE W. ORA NGE AVE . CRE SCENT AVE S. DALE AVES. KNOTT AVEN. MAGNOLIA AVEW. BRO ADW AY S. WESTERN AVE. KNOTT AVEW. LINCO LN AVE 121 N orth Bea ch Bo ule va rd D E V 20 14 -0 00 3 4 Su bje ct Property APN: 135-251-28 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 DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00105 TO PERMIT A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00034) (121 NORTH BEACH BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for a determination of Public Convenience or Necessity No. 2014-00105 to permit the sale of beer, wine and distilled spirits with a Type 21 (Off-Sale General) ABC license issued by the Department of Alcoholic Beverage Control (herein referred to as "ABC") for off-premises consumption in conjunction with an existing grocery Wal-Mart retail store (herein referred to as the "Proposed Project"), for that certain real property located at 121 North Beach Boulevard 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 8.5 acres, is developed with a retail commercial center including a 56,000 square foot Wal-Mart retail store. The Anaheim General Plan designates the Property for Regional 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 July 14, 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 Public Convenience or Necessity No. 2014-00105, 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 (i.e., Class 1 – Existing Facilities) 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 - 1 - 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 for Determination of Public Convenience or Necessity No. 2014-00105, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "Public Convenience or Necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by the issuance of a license. For purposes of Section 23958, "undue concentration" means the case in which the premises are located in an area where any of the following conditions exist: (a) The premises are located in a crime reporting district that has a 20% greater number of "reported crimes" (as defined in Section 23958.4) than the average number of reported crimes as determined from all crime reporting districts within the City of Anaheim. (b) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of on-sale retail licenses to population in the county. (c) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of off-sale retail licenses to population in the county. 3. Notwithstanding the existence of the above-referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to Determinations of "public convenience or necessity" determinations; and, When the sale of alcoholic beverages for off-premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. - 2 - PC2014-*** 5. The Property is located within Census Tract 1104.02 with a population of 5,549 that allows for five (5) off-sale ABC licenses. There are presently five (5) off-sale licenses in the tract. In addition, six on-sale licenses are allowed and ten presently exist within the census tract. The Property is located in Police Reporting District No. 1615, which has a crime rate that is 246% above the City-wide average; however, the Police Department evaluates these requests based on the crime rate within a one-quarter mile radius of the premises for the subject site. The crime rate within ¼ mile of this Property is 185% above the City-wide average based upon calls for service. Since there is an overconcentration in the number of off-sale ABC licenses within this census tract and the crime rate is above the City-wide average, a determination of "public convenience or necessity" is required to be made for this request. 6. A determination of "public convenience or necessity" can be made based on the finding that the requested license, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim because the sales of beer, wine and distilled spirits at this location will be a small percentage of overall sales for this business and an incidental commodity provided by the existing retail use. 7. The sale of beer, wine and distilled spirits is ancillary to the retail store and would serve as an added convenience to residents and visitors to the area who choose to shop at this establishment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of beer, wine and distilled spirits for off-premises consumption at this location and, accordingly, hereby approves Public Convenience or Necessity No. 2014-00105, 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 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. - 3 - 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 14, 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 July 14, 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 14th day of July, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00105 (DEV2014-00034) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 No display of beer, wine, and/or distilled spirits shall be located outside of the building or within five (5) feet of any public entrance to said building. Police Department 2 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of beer, wine, and/or distilled spirits. Interior displays of beer, wine, and/or distilled spirits or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3 The area of beer, wine, and/or distilled spirit displays shall not exceed 25% of the total display area in the building occupying the Property. Police Department 4 Sale of beer, wine, and/or distilled spirits shall be made to customers only when the customers are inside the building. Police Department 5 The possession of beer, wine, and/or distilled spirits in open containers and the consumption of beer, wine, and/or distilled spirits are prohibited on or around the Property. Police Department 6 Loitering is prohibited on or around the premises under the control of the business owner. The business owner shall police the area under their control in an effort to prevent the loitering of persons around the exterior of the building located on the Property. Police Department 7 There shall be no amusement machines, video game devices, or pool tables maintained at, in or upon the building located on the Property at any time, unless all required permits are first obtained from the City. Police Department 8 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Police Department 9 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 10 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 - 6 - PC2014-*** 11 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 PRIOR TO THE SALES OF ALCOHOLIC BEVERAGES 12 Store Managers and cash register employees shall obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training from the Department of Alcoholic Beverage Control. The contact number is 714-558-4101. Police Department 13 The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. Police Department GENERAL CONDITIONS 14 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 15 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 - 7 - PC2014-*** 16 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 17 The property shall be developed substantially in accordance with plans and specifications submitted to and reviewed by the City of Anaheim and which plans are on file with the Planning Department and as conditioned herein. Planning Department, Planning Services Division - 8 - 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. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JULY 14, 2014 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 1325 (CONDITIONAL USE PERMIT NO. 1325A) LOCATION: 701 South Brookhurst Street (Motel 6) APPLICANT/PROPERTY OWNER: The agent is Greg McCafferty, representing the applicant and property owner, Samir Patel. REQUEST: The applicant is requesting approval of an amendment to a previously- approved conditional use permit to demolish a pool and storage building at an existing motel. The demolition will allow a portion of the property to be conveyed to the adjacent property owner for future residential development. 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 an amendment to Conditional Use Permit No. 1325. BACKGROUND: The 1.3-acre property is developed with a 31-room motel and is located in the C-G (General Commercial) zone. The General Plan designates this property for Low-Medium Density Residential land uses. The property is surrounded by a motel to the north, a vacant property to the northeast, a motel to the south, single family homes to the west, and a commercial shopping center to the east, across Brookhurst Street. In August 1972, Conditional Use Permit No. 1325 was approved by the City Council to permit a 58-room motel, restaurant, and cocktail lounge. In 1973, the 31-room motel with an accessory storage building and pool was constructed. The remaining 27 rooms, restaurant, and cocktail lounge were never constructed on the property. PROPOSAL: The applicant proposes to demolish the existing pool and storage building located at the north end of the property. No expansion or modification to the existing motel building is proposed. The purpose of the demolition is to facilitate an adjustment of the north property line in order to convey a portion of this property to the owner of the adjacent property to the north in anticipation of a future residential development. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net AMENDMENT TO CONDITIONAL USE PERMIT NO. 1325 July 14, 2014 Page 2 of 2 ANALYSIS: A motel is permitted within this zone subject to the approval of a conditional use permit. This modification is being processed as a major amendment to the original permit because the Zoning Code requires a noticed public hearing when significant modifications are made to entitlements that are more than 10 years old. The Zoning Code does not contain minimum recreational amenity requirements for hotels and therefore, the pool is not a required amenity. The applicant has indicated that the existing pool is rarely used by guests because the motel is generally patronized by customers who travel through the area and do not visit the motel for leisure purposes. The 0.4-acre portion of the property on which the pool exists would be conveyed to the owner of the adjacent property to the north in conjunction with a planned single family residential development. The residential project would also include the existing vacant property to the northeast of the motel site, in addition to the adjacent Polynesian Motel site located at 641 South Brookhurst Street. The Lot Line Adjustment to modify the location of the north property line would be processed administratively by the Public Works Department. Approval of this request would facilitate a viable residential project on the adjacent site, consistent with the property’s Low-Medium Density Residential land use designation. The proposed amendment would support the following General Plan goals: • Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. • Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. • Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. CONCLUSION: Staff recommends approval of the amendment to the conditional use permit because the primary use of the property will not change and no conflicts with the surrounding residential uses are anticipated as a result of these changes. The amendment would support the City’s long term vision of promoting in-fill residential development along this segment of Brookhurst Street. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Resolution No. 72R-398 3. Draft Conditional Use Permit Resolution 4. 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. 5. Site Photos 6. Site Plan C-G (BCC )BROOKHUR STMOTEL C-G (BCC )PAR KI NGLOT C-G (BCC )NEW HORI ZONAPARTMENTS82 D U T (BCC)SFR C-G (BCC )RETAIL RS-2SINGLE FAMILY RE SIDENCE C-G (BCC )RES TAU RA NT SINGLE FAMILY RESIDEN CE RS-3SFR RS-2SFR C-G (BCC )MEDICA L OFFIC EC-G (BCC)OFFICESRM-4APTS8 DU C-G (BCC )OFFI CE S C-G (BCC )RETAIL C-G (BCC )RETAIL C-G (BCC )OFFICE S C-G (BCC )OFFI CE S C-G (BCC )POLYNE SIA NMOTEL C-G (BCC )VAC AN T C-G (BCC )BROOKHUR STPLAZA I NN C-G (BCC )RETAILC-G (BCC )MEDICA LOFFICE RM-4FOURPLE X RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RM-3TOWNHOM ES111 DU RS-2SFR RS-2SFR RM -4EL C OR TEZAPARTMENTS65 D U RM-4EL CORTEZAPARTMENTS65 D U C-G (BCC )BAN K C-G (BCC )RETAIL C-G (BCC )RETAIL RS-2SFR RS-2SFR S BROOKHURST STW C OLC H ES TER D R W S TON YB ROO K D R W N I O B E AV E S COLONY STS CAMPUS DRS MARBEYA PLS MILLS ENDW L I VER POOL L N S CORNWALL DRW. BALL RD W. BRO ADW AY S. EUCLID STS. MAGNOLIA AVEW. LINCOLN AVE S. BROOKHURST STS.GILBERTSTW. LINCOLN AVE 701 Sou th Br ook hu rst Str ee t D E V 20 14 -0 00 2 9 Su bje ct Property APN: 127-241-67 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 UNINCO RPORATED CITY O F ANA HEIMUNINCORPORATEDCITY OF ANAHEIM S BROOKHURST STW C OLC H ES TER D R W S TON YB ROO K D R W N I OBE AV E S COLONY STS CAMPUS DRS MARBEYA PLS MILLS ENDW L I VER POOL L N S CORNWALL DRW. BALL RD W. BRO ADW AY S. EUCLID STS. MAGNOLIA AVEW. LINCOLN AVE S. BROOKHURST STS.GILBERTSTW. LINCOLN AVE 701 Sou th Br ook hu rst Str ee t D E V 20 14 -0 00 2 9 Su bje ct Property APN: 127-241-67 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 UNINCO RPORATED CITY O F ANA HEIMUNINCORPORATEDCITY OF ANAHEIM DFlNGZNGIZONUSETddcapplicationornoondonaluseor2onAndIrelgUtVioktaillogePortonBTalt43XetoattonoesouhhoeNoteastarterofeoueastarterofSection18Toship4Souge10WestinenchosCoyoteasshonamapreofrecordedk51page10scellaneouMapsrecordsofeaiOrangeCotydecriedasfollsBegningateNortheastcornerofsaidSouthhalfandingenceWesterlyalongeNorthlineofSouhalf13201feetreorlesstoeWestlneofadSouhalfceSouerlyalongaidWestlne20659eetreorleesuorthlineofTractNo229ashonamapereofrecordedink62page7and8scelleousMapsrecordsofsaidOrgeCountyenoeEasterlyalongsaidNorthlinedeEasterlyteDEionereof13201EeetorlesstoeBastlineofsaidSouthhalfthenceNorerlyalongsaidEastline20659feetreoroeptingerefreNor10000eetoftheEast26000feetosaidldPortioBTheNor10000feetoeEast26000feetofthatrtionofesouthhalfofeNortheastarterofeSoueastarterofSection18Toshi94Souge10WutinechoCoyotesasshoonapereorecordedinBook1page10scellaeousMapsrecordeosaidOrangeCotydescribedasfollowsggateNoteastcornerofsaidSouhallingthenceWesterlyalongeNorthlineofsaidSouhalf1201feetreorlesstoeWestlineofsadSouhaienoZouhellongdLe2069feetreorlesstoeNorthlineoTractNo22asshoonapereofrecordedk62pages7a8scelleouspsrecordsofaidOrgeCotyenceEasterlyalongaidNorthlinedeEasterlyensionereof132031feetorLeseEastlineofeaidSouhenNoerlyalongsaidEastline20659feetreorlessDeCtyPlangssiondidholdaapplicationonAust71972noncesofwhichsaidplichilngedulygiaBreedbyLawdeprigion8of1 ATTACHMENT NO. 2 WHEReASsaidCommissionafterdueinspectioninvestigationandstudiesmadebyitselfandinitsbehalfandafterdueconsiderationofallevidenceandreportsofferedatsaidhearingdidadoptitsResolutionNoPC7279grantingConditionalUsePermitNo1325andWHEREASthereafterwithintwentytwo22daysfromthedateoftheadoptionofsaidresolutiontheCityCouncildidelectuponitsownmotiontoreviewtheactionoftheCityPlanningCoulssioningrantingsaidconditionalusepermitanddidthereuponfixhelZthdayofSeptember1972asthetimeandtheCouncilChamberintheCityHalloftheCityofAnaheimastheplaceforapublichearinguponsaidconditionalusepermitandnoticesofsuchpublichearingweredulygivenasrequiredbylawandtheprovisionsofTitle18Chapter1876oftheAnaheimMicipalCodeandWHEREASathetimeandplacefixedforsaidpublichearingtheCityCouncildiddulyholdandconductsuchhearinganddidgiveallpersonsinterestedthereinanopportunitytobeheardanddidreceiveevidenceandreportsandWHEIAStheCityCouncilfindsaftercarefulconsiderationoftherecommendationsoftheCityPlanningCommissionandallevidunceandreportsofferedatsaidhearingthat1TheproposeduseisproperlyoneforwhichaconditionalusepermitisauthorizedbytheAnaheimMunicipalCode2Theproposedusewillnotadverselyaffecttheadjoininglandusesandthegrowthandevelopmentoftheareainwhichitisproposedtobelocated3Thesizeandshapeofthesiteproposedfortheuseisadequatetoallowthefulldevelopmentoftheproposeduseinamannernotdetrimentaltotheparticularareanortothepeacehealthsafetyandgeneralwelfare4Thetrafficgeneratedbytheproposedusewillnotmposeanundueburdenuponestreetsandhighwaysdesignedandimprovedtocarrythetrafficinthearea5ThegrantingoftheconditionaluscpermitundertheconditionsimposedwillnotbedetrimentaltothepeacehealthsafetyandgeneralwelfareofthecitizensoftheCityofAnaheiNOWTIfEREFOREBEITRESOLVEDbyhecityCounciloftheCityofAnaheimateactionoftheCityPlanningCommissionin9rantingsaidconditionalusepermitbeandthesameisherebysustainedandthatConditionalUsePermitNo1325beandthesameisherebygrantedpermittingtheestablishmentofa58unitmotelPortionAandarestaurantwithcocktailloungePortionBonthepropertyhereinbeforedescribedsubjectothefollowingconditions1ThatthisconditionalusepermitigrantedsubjecttothecompletionofReclassificationNo72736nowpending2 2ThatsubjectpropertyshallbedevelopedsubstantiallyinaccordancewithplansandspecificationsonfilewiththeCityofAnaheimmarkedxhibitsNos1234and5RevisionNos1TheCityCouncilherebyeservestherighttorevokesuchConditionalUsePermitforgoodcauseorfailureofsaidownerhisheirssuccessorsorassignstocomplywiththeAnaheimMunicipalCoeandregulationsandtheconditionshereinTHEFOREGOINGRESOLUTIONisapprovedandsignedbymethis12thdayofSeptember1972JFMAYOROFTHTCITYOFAIAEIMATTEStTYCLEROFTHBCITYOFAAHISTATEOFCALIFORNIACOUNTYOFORANGEssCITYOFANAHFI34IDENEMDAOUSTCityClerkoftheCityofAnaheimdoherebycertifyattheforgoingResolutionNo72R98waspassedandadoptedataregularmeetingoftheCityCouncilheldonhe12thdayoftember1972bythefollowingvoteofembersAYESCOUNCILMENSneegasStephensonPebleyThomandDuttonNOESCOUNCII4ENNoneABSENTCOUNCIIENNoneDIFURTIIEPCERTIFYthatleMayoroftheCityofAnaheimapprovedandsignedsaidresolutiononte12thdayofSeptember1972IWITNESSWHEOFIhavehereuntosetmyhandandaffixedthesealoftheCityofAnaheimthisl2thdayofSeptember1972CITYCLEPKOFTHECITYsE3 [DRAFT] ATTACHMENT NO. 3 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1325 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00029) (701 SOUTH BROOKHURST STREET) WHEREAS, on September 12, 1972 and subject to certain conditions of approval, the City Council of the City of Anaheim, by its Resolution No. 72R-398, approved Conditional Use Permit No. 1325 to permit a 58-unit motel, restaurant, and cocktail lounge (herein referred to as the "Original CUP") on that certain real property located at 701 South Brookhurst Street 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, the conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to amend the Original CUP to permit the demolition of an existing pool and storage building in conjunction with an existing 31-unit motel facility ("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. 1325A; and WHEREAS, the Property is approximately 1.3 acres in size and is developed with a 31 unit motel. The balance of the number of rooms, as well as the restaurant and cocktail lounge that were permitted under the Original CUP, were never constructed on the property. 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 Low Medium Density Residential land uses; and WHEREAS, on July 14, 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. 1325A, and to investigate nd 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 (ie. Class 1, Existing Facilities), which consist of, among other things, the repair, maintenance, or minor alteration of existing public or private structures, facilities or mechanical equipment, 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; - 1 - 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 pertaining to the request for Conditional Use Permit No. 1325A, does find and determine the following facts: 1. The request to amend the Original CUP to implement the Proposed Project is properly one for which a conditional use permit is authorized under paragraph .0402 of subsection .040 of Section 18.08.030 of the Code. 2. The request to amend the Original CUP, 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 existing motel will be compatible with the surrounding commercial and residential uses in the area. 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 site is already developed with a motel and the site modifications will not increase impacts on the surrounding area. 5. The granting of Conditional Use Permit No. 1325A 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 by the Planning Commission as follows: 1. Conditional Use Permit No. 1325A is hereby approved, thereby amending the Original CUP. 2. 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 hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP and this Conditional Use Permit No. 1325A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 1325A. - 2 - PC2014-*** 3. The conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 1325A 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 goosd 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. 4. Conditional Use Permit No. 1325A 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. 5. Approval of Conditional Use Permit No. 1325A 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. 6. The 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 July 14 , 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 - 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 July 14 , 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 14th day of July, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 1325A (DEV2014-00029) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division 2 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 3 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 4 A maximum of thirty one motel rooms shall be allowed on the property. Planning Department, Code Enforcement Division GENERAL 5 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 6 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 7 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 - 6 - PC2014-*** April 15, 2014 Anaheim Planning Department 200 S Anaheim Boulevard, 1st Floor Anaheim, CA 92806 RE: MODIFICATION TO EXISTING CUP NO. 1325 To Whom It May Concern: The owner of the Motel 6 located at 701 South Brookhurst Street, Shri Raam Krushna, LLC is requesting to modify the exhibits approved as part of Conditional Use Permit (CUP) No. 1325. CUP No. 1325 was approved in 1972 for a 58-room motel and restaurant with cocktail lounge. The restaurant was never built and 31 motel rooms were built, not 58 as originally approved. The property contains the 31-unit motel building, 34 parking spaces, site landscaping, signage, swimming pool and pool house/storage building. The owner is requesting that CUP No. 1325 be modified to remove the pool house and pool from the approved exhibit. The pool is seldom used and the property owner is processing a Lot Line Adjustment to adjust the northerly property line containing the pool in favor of the property owner of the adjacent motel to the north. The Motel 6 property remains adequate in size to comply with applicable zoning and development standards and such modification would not be detrimental to surrounding land uses. Shri Raam Krushna, LLC respectfully requests approval of this CUP modification. Should you have any questions regarding this application, please contact me at (714) 606-7208 or greg@development-advisors.com. Sincerely, Greg McCafferty, Principal Development Advisors, LLC 2390 E. Orangewood Avenue • Suite 510 • Anaheim, CA 92806 www.development-advisors.com 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.