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PC 2015/02/09City of Anaheim Planning Commission Agenda Monday, February 9, 2015 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: John Seymour • Chairman Pro-Tempore: Michelle Lieberman • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell, Bill Dalati, Victoria Ramirez • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, February 5, 2015, 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 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 02/09/15 Page 2 of 5 Public Hearing Items ITEM NO. 2 VARIANCE NO. 2014-04994 (DEV2014-00129) Location: 1207 North East Street Request: To permit and retain an existing outdoor storage yard in conjunction with ad wholesale tile business 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 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 1891A (DEV2015-00001) Location: 628 West Orangewood Avenue Request: To amend a conditional use permit to allow the sale of full alcoholic beverages at a bar that currently sells beer and wine only. 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 02/09/15 Page 3 of 5 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 3468A (DEV2014-00120) Location: 2219 West Orange Avenue Request: To amend a condition of approval for a previously-approved pre-school to increase the maximum number of students from 75 to 125 students. 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. 2010-05474B PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00116 (DEV2010-00005B) Location: 440 South Anaheim Boulevard Request: To amend a previously-approved conditional use permit for the Packing House food hall to: 1) permit a beer and wine bar with on and off-premises sales and consumption of alcoholic beverages, and 2) modify previously-approved plans and conditions of approval for an outdoor dining area with a bar in conjunction with an existing restaurant space. This request also includes an associated determination of public convenience or necessity related to the sale of alcoholic beverages for on and off-premises consumption in conjunction with the aforementioned beer and wine bar. 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, February 23, 2015 at 5:00 p.m. 02/09/15 Page 4 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:45 p.m. February 4, 2015 (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. 02/09/15 Page 5 of 5 ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: FEBRUARY 9, 2015 SUBJECT: VARIANCE NO. 2014-04994 LOCATION: 1207 North East Street (Stonex Tile) APPLICANT/PROPERTY OWNER: The applicant is Elchin Mirzayen with Stonex Tile. The agent representing the applicant is Jack De Rosas with DRP Associates and the property owner is Anatoli, LLC. REQUEST: The applicant requests approval of a variance to permit and retain an existing outdoor storage yard in conjunction with a wholesale tile sales facility with 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. 2014-04994. BACKGROUND: This 0.7-acre property is located in the Industrial (I) zone and is designated for Medium Density Residential land uses by the General Plan. Surrounding uses include a self-storage facility to the north, retail uses to the south, apartments to the west, across a flood control channel, and a service station to the east across East Street. This application was filed in response to a complaint received by Code Enforcement regarding the outdoor storage of tile within required parking space areas. PROPOSAL: The applicant requests approval of a parking variance to retain an outdoor storage area containing tile and stone. Stonex Tile has been operating at this location since 2011. The business provides wholesale tile, stone, and flooring to contractors, architects and other retail sales vendors. There are no retail sales to the general public. The hours of operation are from 8:00 a.m. to 5:00 p.m., Monday through Friday and 8:00 a.m. to 2:00 p.m. on Saturday. The 10 parking spaces proposed are located in a front parking lot adjacent to East Street. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net VARIANCE NO. 2014-04994 February 9, 2015 Page 2 of 2 ANALYSIS: The Code permits outdoor storage as an accessory use in this zone provided that the storage area is located outside of the required front setback area and completely screened from view of a public street. The tile and stone was originally being stored in front of the building, but these materials were recently removed. The outdoor storage is now located at the rear of the property and is screened by a 10-foot high chain link fence with PVC slats. Since this storage area is located in an area formerly used as a parking area, there is a shortage in the amount of the Code required parking spaces. Parking Variance: The Zoning Code requires 26 parking spaces for the wholesale tile and stone business, including the outdoor storage, and 10 spaces would be provided. A parking demand analysis was submitted by the applicant to justify the requested variance. The letter states that a maximum of six spaces would be needed to accommodate employees and customers. This demand is based on parking counts that were taken during peak business hours between 10:00 a.m. and 5:00 p.m. There would be a maximum of four employees on-site at any one time, leaving six spaces available for wholesale business customers. Staff has conducted field observations and verified the availability of parking. Based upon the findings of the parking analysis and staff observations, staff recommends approval of the parking variance as the parking spaces available on-site are adequate to accommodate the parking demand. CONCLUSION: Staff believes that the outdoor storage of wholesale tile and stone is consistent with the industrial zone and is properly screened from view. The submitted parking analysis justifies the reduction in parking. Staff recommends approval of the requested variance. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Resolution 2. Parking Justification Letter 3. Site Plan 4. Floor Plan 5. Photographs RM-4FOURPLEX RM-4FOURPLEX O.C.F.C.D.IOFFICE USE RM-4DUPLEX RM-4FOURPLEX RM-4DUPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RS-2SINGLE FAMILYRESIDENCE RM-4 (MHP)DEL ESTESMOBILE ESTATES RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4DUPLEX RS-2SINGLE FAMILY RESIDENCE RM-4FOURPLEX IRESTAURANT C-GSERVICE STATION C-GRETAIL RM-4FOURPLEX RM-4FOURPLEX ISELF STORAGEFACILITY C-GOFFICES RS-2SINGLE FAMILYRESIDENCE RM-4APTS8 DU RM-4DUPLEX RM-4APTS10 DU RM-4DUPLEX TRELIGIOUS USE TRAYMONDRETARDINGBASIN RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4APTS8 DU IRETAIL IRETAIL IAUTOREPAIR/SERVICEO.C.F.C.D.I (MHP)DEL ESTESMOBILE ESTATES C-GRETAIL N EAST STN EAST STE BALSAM AVE N BRI ARWOOD STE ROMNEYA DRN NORWOOD STN CANDLEWOOD STE KENWOOD AVE E BANYAN AVE E BALSAM AVE E KENWOOD AVE E. LA PALMA AVE E. ORANGETHORPE AVE N. EAST STN. ACACIA STN. STATE COLLEGE BLVDE. LINCOLN AVE W.LA PALMA AVE 1 2 0 7 North East Street D EV No. 2 0 14-00129 Subject Property APN: 267-012-06 °0 50 100 Feet Aeri al Ph oto :May 20 14 N EAST STN EAST STE BALSAM AVE N BRI ARWOOD STE ROMNEYA DRN NORWOOD STN CANDLEWOOD STE KENWOOD AVE E BANYAN AVE E BALSAM AVE E KENWOOD AVE E. LA PALMA AVE E. ORANGETHORPE AVE N. EAST STN. ACACIA STN. STATE COLLEGE BLVDE. LINCOLN AVE W.LA PALMA AVE 1 2 0 7 North East Street D EV No. 2 0 14-00129 Subject Property APN: 267-012-06 °0 50 100 Feet Aeri al Ph oto :May 20 14 [DRAFT] ATTACHMENT NO. 1 RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2014-04994 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00129) (1207 NORTH EAST STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve proposed Variance No. 2014-04994 to permit and retain an existing outdoor storage yard in conjunction with a wholesale tile and stone sales facility with fewer parking spaces than required by the Zoning Code (sometimes referred to herein as the "Proposed Project") for certain premises located at a wholesale tile business commonly known as 1207 North East Street in the City of Anaheim, County of Orange, State of California (the “Property”); and WHEREAS, the Property is approximately 0.7-acre in size and is developed with an existing industrial building. The Property is located in the "I" Industrial Zone and the Anaheim General Plan designates the Property for Medium Density Residential land uses; and WHEREAS, on February 9, 2015, 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 Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against proposed Variance No. 2014-04994, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, 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 of Title 14 of the State CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2015-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to allow fewer parking spaces than required by the Code for a wholesale tile store at the Property, has determined that proposed Variance No. 2014-04994 should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (26 spaces required; 10 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 based upon the conclusions contained in the parking demand analysis, dated September 19, 2014, and prepared by DRP Associates. The study established a parking demand ratio appropriate for a wholesale tile store based on parking counts and confirmed that ample parking will be available for the existing business as the 10 parking spaces provided on the Property can accommodate the anticipated peak demand for the use and; 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 within the Property will adequately accommodate the peak parking demands of the wholesale tile store; and 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 wholesale tile store will adequately accommodate peak parking demands of the use; and 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. 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 presentation, 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. - 2 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2014-04994, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that, any a mendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of Variance No. 2014-04994 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 February 9, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2015-*** 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 February 9, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of February, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-*** - 5 - PC2015-*** EXHIBIT “B” VARIANCE NO. 2014-04994 (DEV2014-00129) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The wholesale tile business shall be operated in accordance with the Letter of Request and Parking Demand Study submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and Parking Demand Study and to ensure compatibility with the surrounding uses. Planning Department, Planning Services Division 2 The parking lot shall be lit during the hours of darkness in order to illuminate and make clearly visible the presence of any person on or about the premises. Planning Department, Code Enforcement Division 3 The Property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. Planning Department, Code Enforcement Division GENERAL CONDITIONS 4 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 5 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 - 6 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 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 - PC2015-*** ATTACHMENT NO. 2 CSVICINITY MAP REFERENCE SYMBOLS BUILDING INFORMATION PLANNING INFORMATION GENERAL INFORMATION SCOPE OF WORK SHEET INDEX DETAIL LETTER SHEET NUMBER DETAIL LETTER SHEET NUMBER WINDOW NUMBER DOOR NUMBER SHEET NUMBER BUSINESS OWNER:SHEET TITLESITE LOCATIONDELTA REASON DATECOVER SHEETGENERAL INFOSITE PLANBUSINESS: OWNER:CS - GENERAL INFO & SITE PLAN A1 - FLOOR PLAN A.P.N. _____________ OCCUPANCY GROUP: ______ TYPE OF CONSTRUCTION: V, N NUMBER OF STORIES: 1 SPRINKLERS: ______ ZONING: ______BUSINESS:1 DATE: SCALE: AS NOTED JOB #: DRAWN BY: JAD 2 3 4 5 SITE PLAN THE OWNER OF “STONEX TILE” IS PROPOSING THE REQUIRED PARKING AS REQUESTED BY THE CITY OF ANAHEIM. * NOTE: STONEX TILE IS NOT OPEN TO THE PUBLIC. STONEX TILE PRODUCTS ARE ONLY AVAILABLE TO CONTRACTORS AND OTHER RETAIL TILE SELLERS. -EXIST BLDG.** NOTE: EXISTING BARBED/RAZOR WIRE TO BE REMOVED FROM THE TOP OF FENCE TURFTURFSIDEWALKROOFACCESS DRIVEWAYTURFSCALE 1” = 10’ P.L. P.L.P.L.P.L.PARKINGN. EAST ST.PARKINGDELIVERY DOCK TRASH D E S I G N E R: JACK DEROSAS 2404 E. KATELLA AVE. ORANGE, CA 92867 (714) 561-2059 STONEX TILE1207 N. EAST ST.ANAHEIM, CA 92805STONEX TILE 1207 N. EAST ST. ANAHEIM, CA 92805 ELCHIN MIRZAYEV 1207 N. EAST ST. ANAHEIM, CA 92805 714-635-3434 ELCHIN MIRZAYEV 1207 N. EAST ST. ANAHEIM, CA 92805 140’ *150’ 238’ 39’18’ 48’90’32’4’30’22’ 22’ 5’122’APPLICABLE BUILDING STANDARDS: 2013 CALIFORNIA ELECTRICAL CODE (CEC) 2013 CALIFORNIA ENERGY CODE (TITLE 24, PART 6) 2013 CALIFORNIA BUILDING CODE (CBC) 2013 CALIFORNIA MECHANICAL CODE (CMC) 2013 CALIFORNIA FIRE CODE (CFC) 2013 CALGREEN STANDARDS 10’ HIGH CHAIN LINK GATE SCREENED WITH PVC SLATS BLDG AREA INFO: (INC. MEZZ.) TOTAL OFFICE = 671.0 SF TOTAL SHOWRM = 1,133.0 SF TOTAL WHSE = 12,612.5 SF TOTAL BLDG = 14,416.5 SF TOTAL OUTDOOR = 4,515.0 SF REQ’D PARKING INFO: OFFICE / WHSE 13.283 X 1.55 = 20.6 SHOWRM 1.133 X 2.5 = 3 OUTDOOR 4.515 X 0.4 = 2 TOTAL SPACES REQUIRED = 26 11’8’50’21’24’NOPARKINGMIN.4’x4’CLR 8’31’ 10’ HIGH CHAIN LINK FENCE SCREENED WITH PVC SLATS OUTDOOR STORAGE AREA 129’ X 120’ = 3480 SFOUTDOOR STORAGEAREA 45’ X 23 = 1035 SF ENLARGED VIEW: 8’ MIN 9’ MIN ADA PARKING SIGNAGE SEE SHEET “A3” FOR DETAILS ADA PARKING SPACES & ACCESS ISLE SEE SHEET “A3” FOR DETAILS WALKWAY ADA ACCESSIBILITY GUIDELINES: 1108.1 - GENERAL: DETECTABLE WARNINGS SHALL CONSIST OF A SURFACE OF TRUNCATED DOMES ALIGNED IN A SQUARE GRID PATTERN AND SHALL COMPLY WITH 1108.1108.2 - CURB RAMPS AND BLENDED TRANSITIONS: THE DETECTABLE WARNING SURFACE SHALL BE LOCATED SO THAT THE EDGE NEAREST THE CURB LINE IS 6 INCHES (150 mm) MINIMUM AND 8 INCHES (250 mm) MAXIMUM FROM THE CURB LINE.1104.1 - CURB RAMPS AND BLENDED TRANSITIONS: CONSISTENT WITH ADAAG, CURB RAMPS MUST HAVE A RUNNING SLOPE OF 1:12. THE DRAFT GUIDLINES SPECIFY A MINIMUM RUNNING SLOPE OF 1:48 FOR PERPENDICULAR RAMPS (& PARALLEL RAMPS) IN ORDER TO DISTINGUISH THEM FROM BLENDED TRANSITIONS, WHICH CANNOT HAVE A SLOPE OF MORE THAN 1:48. REQUIREMENTS SPECIFIC TO PERPENDICULAR CURB RAMPS ADDRESS THE CROSS SLOPE (1:40 MAX.), LEVEL LANDINGS AT TOP (48” X 48” MIN.), AND SIDE FLARES (1:10 MAX. SLOPE). DECTECTABLE WARNING (TRUNC. DOME PAD) 48” 48’ MINIMUMLANDING AREA 24”MIN.CURB RAMP 36” MIN.18’ MINIMUMATTACHMENT NO. 3 STONEX TILE1207 N. EAST ST.ANAHEIM, CA 92805ELCHIN MIRZAYEV 1207 N. EAST ST. ANAHEIM, CA 92805 714-635-3434 SCALEFLOOR PLAN GOVERNING CODES: L E G E N D BUILDING INFORMATION: 1/8” = 1’ 0” SHEET OF SHEETS BUSINESS OWNER: D E S I G N E R:SHEET TITLESITE LOCATIONFLOOR PLANBUSINESS:DATE: SCALE: AS NOTED JOB #: DRAWN BY: JAD A1 JACK DEROSAS 2404 E. KATELLA AVE. ORANGE, CA 92867 (714) 561-2059 90’ 22’22’22’22’15’ - 6”13’-6”20’ - 6”10’ - 6”140’10’10’15’-6”4’15’ 6’-6” OFFICE WAREHOUSE MEZZANINE GROUND FLOOR OFFICE OFFICE BREAK ROOM BATH ROOM BATH ROOM STORAGE STORAGESTORAGESTORAGE STORAGE HALL HALL LUNCH ROOM SHOWROOM SHOWROOM SHOWROOM STAIRS STAIRS STORAGE 86’-6” 43’6”20’6”21’6”14’ - 6”19’4’BLDG AREA INFO: TOTAL OFFICE = 671.0 SF TOTAL SHOWRM = 1,133.0 SF TOTAL WHSE = 12,612.5 SF TOTAL BLDG = 14,416.5 SF APPLICABLE BUILDING STANDARDS: 2013 CALIFORNIA ELECTRICAL CODE (CEC) 2013 CALIFORNIA ENERGY CODE (TITLE 24, PART 6) 2013 CALIFORNIA BUILDING CODE (CBC) 2013 CALIFORNIA MECHANICAL CODE (CMC) 2013 CALIFORNIA FIRE CODE (CFC) 2013 CALGREEN STANDARDS A.P.N. _____________ OCCUPANCY GROUP: ______ TYPE OF CONSTRUCTION: V, N NUMBER OF STORIES: 1 SPRINKLERS: ______ ZONING: ______ ADA ACCESSIBLE ENTRANCE SIGNAGE SEE SHEET “7/A3” FOR DETAILS ADA ACCESSIBLEDOORS &MANUVERINGSEE SHEET “2/A3”FOR DETAILS TACTILE EXIT SIGN ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: FEBRUARY 9, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 1891A LOCATION: 628 West Orangewood Avenue (La Cabana Bar) APPLICANT/PROPERTY OWNER: The applicant is Maria Apaza and the property owner is F and M Trust. REQUEST: The applicant requests an amendment to a conditional use permit to allow the sales and consumption of alcoholic beverages at a bar within a commercial center that currently sells beer and wine only. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 1891A. BACKGROUND: This 0.4-acre property is developed with a 5-unit commercial center. The property is located in the General Commercial (C-G) zone and is designated by the General Plan for Medium Density Residential land uses. The property is surrounded by apartments to the south, retail uses to the west, across Mallul Drive, and a hotel to the east and to the north, across Orangewood Avenue. Conditional Use Permit No. 1891, to permit the sale of wine in an existing beer bar, was approved by the Planning Commission on September 25, 1978. PROPOSAL: The applicant is requesting approval to upgrade an existing Type 42 (On-Sale Beer and Wine - Public Premises) Alcoholic Beverage Control (ABC) license to a Type 48 (On-Sale General - Public Premises) license for an existing 820 square foot bar. No physical changes to the bar are proposed. The bar’s current hours of operation are from 2:00 p.m. to 2:00 a.m., daily and there are five employees. ANALYSIS: The Zoning Code requires a conditional use permit to authorize the sale of alcoholic beverages in a bar in order to ensure compatibility with surrounding uses. A determination of public convenience or necessity is not required since this is an upgrade of an existing ABC license. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 1891A February 9, 2015 Page 2 of 2 The location is within Police Reporting District No. 2224, which has a crime rate that is below the citywide average. There have been four calls for service to this location in the last year. The calls have consisted of three responses to the security alarm for this business and one automobile theft recovery within the parking lot. None of the police calls for service to this business have been related to the sale and consumption of beer and wine. The crime rate within ¼ mile of this property is 228 percent above the citywide average regarding calls for service during the past year consisting of 55 petty thefts, 36 automotive burglaries, 18 frauds, 15 simple assaults and 14 vandalisms. Staff believes the upgrade of an existing ABC license would be compatible with the surrounding area because this is predominantly a commercial area consisting of other restaurant, entertainment, retail and hotel uses. Beer and wine has been served at this business since 1978. The original resolution contains only one alcohol-related condition of approval pertaining to the hours of operation. Several conditions of approval have been included in the draft resolution to ensure that the business is operated in a responsible manner. These conditions include a prohibition on any exterior advertising of alcoholic beverages, requiring all activities related to the use to occur indoors, prohibiting minors on the premises, prohibiting the sale of alcoholic beverages for consumption off the premises, and requiring ABC LEAD (Licensee Education on Alcohol and Drugs) training for all employees. Staff conducted an inspection of the property and found it to be well maintained. There are no outstanding Code Enforcement violations associated with this property. CONCLUSION: The upgrade of an existing ABC license in an existing bar would complement existing nearby businesses, hotels and entertainment venues. The recommended conditions of approval would ensure that the sale of alcoholic beverages would be compatible with surrounding land uses. Staff recommends approval of this request. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Previous Conditional Use Permit Resolution 3. Letter of Request 4. Police Memorandum 5. Photographs 6. Site Plan 7. Floor Plan RM-4PALM APTS8 DU RM-4APTS8 DU SP 92-2DA1VAGABONDEXECUTIVE INN SP 92-2DA1BUDGET RENTA CAR RS-2SINGLE FAMILY RESIDENCE RM-4TRADEWINDAPTS16 DU SP 92-2DA1ANAHEIMCARRIAGE INN SP 92-2DA1TACO BELL C-GSFR SP 92-2DA1RUTH CHRIS STEAK HOUSE SP 92-2DA1SERVICE STATION SP 92-2DA1BEST WESTERNRAFFLES INN& SUITES SP 92-2DA1TRAVELODGEINTERNATIONALINN RS-2SINGLE FAMILY RESIDENCE RM-4WILLOW TREEAPTS16 DU SP 92-2DA1RESTAURANT SP 92-2DA1RAMADA LIMITEDSUITES SP 92-2DA1HACIENDA INN& SUITES SP 92-2DA1DOUBLETREEGUEST SUITES SP 92-2DA1SERVICE STATION RM-4APTS8 DU SP 92-2DA1COMFORT INNMAINGATE SP 92-2DA1ANAHEIM OVERNITETRAILER PARK SP 92-2DA1RETAIL SP 92-2DA1BAKERSSQUARE SP 92-2DA1COURTYARDANAHEIM SP 92-2DA1DAYS INNMAINGATE/CONVENTION SP 92-2DA1RETAIL SP 92-2DA1DENNY'S SP 92-2DA1PARKING LOT CITY OFCITY OFGARDEN GROVEGARDEN GROVEC-GRETAIL RM-4APTS16 DU RM-4POOLSIDE APTS16 DU RS-2SINGLE FAMILY RESIDENCE RM-4CARIBBEAN COVE APARTMENTS240 DU C-GRETAIL S HARBOR BLVDW ORANGEWOOD AVE S MALLUL DRS ACAMA STW LAMARK DR W BLUEBELL AVE W CLIFFWOOD AVE W. KATELLA AVE S. WEST STS. NINTH STS. HARBOR BLVDS. HASTER STS. M A N C HESTER AVES. LEWIS STE. CHAPMAN AVES.LEWISST6 2 8 West O ra ngewood Avenue D EV No. 2 0 15-00001 Subject Property APN: 137-124-01 °0 50 100 Feet Aeri al Ph oto :May 20 14 S HARBOR BLVDW ORANGEWOOD AVE S MALLUL DRS ACAMA STW LAMARK DR W BLUEBELL AVE W CLIFFWOOD AVE W. KATELLA AVE S. WEST STS. NINTH STS. HARBOR BLVDS. HASTER STS. M A N C HESTER AVES. LEWIS STE. CHAPMAN AVES.LEWISST6 2 8 West O ra ngewood Avenue D EV No. 2 0 15-00001 Subject Property APN: 137-124-01 °0 50 100 Feet Aeri al Ph oto :May 20 14 [DRAFT] ATTACHMENT NO. 1 RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1891 TO PERMIT A TYPE 48 (ON-SALE GENERAL- PUBLIC PREMISES) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00001) (628 WEST ORANGEWOOD AVENUE) WHEREAS, on September 25, 1978, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim ("Planning Commission"), by Resolution No. PC 78-228, (1) approved Conditional Use Permit No. 1891 (herein referred to as the "Original CUP") to permit the sale of beer and wine for on-premises consumption in a bar on premises located at 628 West Orangewood Avenue, County of Orange, State of California (the "Premises"), which Premises is located within a commercial center commonly known as 626-636 East Orangewood Avenue. The location of the commercial center is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"). The conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to amend the Original CUP to permit the sales and consumption of beer, wine and distilled spirits for consumption at the Premises ("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. 1891A; and WHEREAS, the Property is approximately 0.4 acres in size and is developed with a 5-unit commercial center. The Land Use Element of the Anaheim General Plan designates the Property for Medium Density Residential land uses. The Property is located within the “C-G” General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 9, 2015 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 Conditional Use Permit No. 1891A, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 1 - PC2015-*** WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the State CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and 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. 1891A , does find and determine the following facts: 1. The request to permit the sale of beer, wine and distilled spirits for on- premises consumption in conjunction with a bar in an existing commercial retail center in the Commercial Zone is an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code provided that a conditional use permit is approved. 2. The request to permit the sale of beer, wine and distilled spirits for on- premises consumption in conjunction with a bar 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 Property is currently developed with a commercial retail center and the proposed use of the Premises at the Property is compatible with the existing uses within the commercial center and uses in the surrounding area; and 3. The size and shape of the site is adequate to allow the full development of the existing use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail center and there is no proposed expansion of the Premises; and 4. The traffic generated by permitting the sale of beer, wine and distilled spirits for on-premises consumption in conjunction with a bar would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the Property are consistent with the existing commercial use of the Premises and the permitted businesses within the commercial center; and 5. The granting of Conditional Use Permit No. 1891A under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 2 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 1891A is hereby approved, thereby amending the Original CUP for the Proposed Project. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP and this Conditional Use Permit No. 1891A 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. 1891A. 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 Premises under Conditional Use Permit No. 1891A in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 3 - PC2015-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 9, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, 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 February 9, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of February, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-*** - 5 - PC2015-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 1891A (DEV2015-00001) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. The managers and/or owners shall coordinate with the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The contact number is 714-558-4101. Police Department 2. The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbances to surrounding properties. Police Department 3. 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 4. There shall be no admission fee, cover charge, or minimum purchase required. Police Department 5. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police Department 6. The existing bar shall be operated in accordance with the Letter of Operation submitted as part of this application. Any changes to the business operation as described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. Planning Department, Planning Services Division 7. Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Any security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. Police Department - 6 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8. The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 9. The occupancy shall not exceed the occupancy limit for the premises established by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit(s) from the room(s). Police Department, Fire Department 10. The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. Police Department 11. The managers and/or owners shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police Department 12. Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police Department 13. No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division 14. Windows of restaurant shall not be covered by advertising to the extent that the interior is not clearly visible from the outside to enable officers responding to potential emergency situations to observe any activity which may be occurring inside. At no time shall window signs exceed 10% of the window area, in compliance with the Zoning Code. Police Department 15. The managers and/or owners shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division - 7 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS OF APPROVAL 16. 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 17. 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 18. 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 - PC2015-*** RESOLUTlON10PC7822ARESOLUTIOtOfTHEANAHEIMCITYPLAtJIIlGLOiNISStONTHATPETITIOJFORCOtDITIOtIAIUSEPRMITN01891BEGRANTEDWHEREAStheAnaheimCttyPlanningCorimissiondidrecelveaverifiedPetitionforConditionalUsePermitfromSTAtILEYANOIOttEKRELLP0BoxE7611LosAngelesCalifornia90067o4mersanJJOSEPHANTtIONYNOT11R012762AudreyCircleGardenGrovcAnaheimCaliforniaQ2640agentofcertainreapropertysituatedintheCitofAnaheimCounCyofOrangeStateofCaliforniadescribedasLotsiand2Tract3267asperHaprecordedinBook102paaes41and42ofMiscellaneousNapstntheOfficeoftheCounyRecorderofsaldCountyWHEREASheCicyPlanningCanmissjondidholdapublichearingattheCityHallintheCftyofAnaheimonSeptember25173at130pmnoiceofsaidpublichearinghavingbeendulygivenasrequired6ylawandinaccordancewiththeprovisionsoftheAnaheimMunicipaiCodeChapter1E03tohearandconsiderevidenceforandagainssaidproposedconditionaluseandtoinvestigateandmakefindingsandrecommendatfonsinconnectiontherewithandWtiRESsaldConmissionaftcrducinspectioninvestigaionandstudymadebyitselPandinitsbehaifandafterdueconsideratlonofallevidenceandreportsofferedatsaidhearingdoesfindanddetcrminethefollowingfactsiThatheproposeduseisproperiyoneforhichaconditionalusepermitisauthorizedbyAnaheimMunicipalCodeSection134550011owittopermitonsalewineinanexistingbcerhar2ThatthcproposeduseisherebygrantedsubJecttothepetitionersstipulationthehoursofoperationshallbe1000amto2OQamsevendaysaweEk3Thattheproposedusewillnoadverselyaffecttheadjoininglandusesandthegrowthanddevelopmentoftheareainwhlchitisproposedtobelocated4ThatthesizeandshapeofihesiteproposedfortheuseisadequatetoallowthefulldevelopmenoftheproposeduseinamannernotdeirimentaltotheparticularareanortothepeacehealthsafetyandgeneralwelfareoftheCittzensoftheCityofAnaheim5ThatthegrantingoftheConditionalUsePermitundertheconditlonsimpasedifanywi11notbedetrimeneltohepeacehealthsafetyandgeneralwelfareoftheCitizensofheCityofAnaheimPC78228 ATTACHMENT NO. 2 6ThatnoneindicatedtheirpresenceatsaidpublichearinginoppositionandthatnocorrespondencewasreceivedinopposttiontothesubjectpetitonENVIROtIMET1LIMPACTFItpINGThePlanningDtrectororhisauthorizedrepresentatvehasdetcrmfnedthattheproposedproJectfaliswithinthedeflnitionofCategoricalExemptfonsClassiasdefinedinParagraph2ofthcCityofAnaheimEnvironmentalImpactReportGuldelinesandisthereforecategoricallyexemptfromtherequirementtoprepareaEIRNOWTHEREFOPE8EITRESOLVEDthatthcAnaheimCityPlanningCommissiondoesherehygrantsubjectPetitfonforConditionalUsePermituponthefollowingconditionswhichareherebyfoundtobeanecessaryprerequisiteotheproposeduseofthesubJectpropertyinordertopreservehesafetyand9eneralweifareoftheCitizensoftheCityofAnahefm1Thatstreetlightin9faciliticsalangOrangewoodAvenueshallbeinstalledprlortothefinalbuildingandzoninginspectionsunlessotherwfseapprovedbytheDirectorofPubllcUtiliiesandinaccordancewithstandardspecificationsonfileintheOfftceofheDirectorofPublicUtilitiesandorthatabondcertificateofdepositletterofcredttorcashinanamountandformsaisfactorytotheCltyofAnaheimshallbepostedwiththeCitytoguaranteetheinstallaitonoftheabovementionedrequirements2ThatheoamersofsubjectpropercyshallpaytohcCityofAnaheimthesumofthreeandonehalfdollars350perfronfootalongMaliulDriveforstreetlightingpurposes3ThattheownersofsubjectpropcrtyshallpaytotheCtyofAnaheimthcsumof95centsperfrontfootalongOrangewoodAvenueandMallulDrivefortreeplantfngpurposestThatsubJectpraperyshaiibedeveiopedsubstanialiyiaccordancewithplansandspecificationsonfilewiththeCttyofAnaheimmarkedExhibitNos1and25ThatConditionNos12and3abovementioneclshallbecompliedwithprTortothecommencementoftheactivltyauthorizedunderthisresoluttonorpriortohctimethatthebuildingpermitisissuedorwithtnaperiodofoneyearfromdaehereofwhicheveroccursfirstorsuchfurthertimeasthePlanningComnlssionmaygrant6ThatCondittonNo4abovementioncdshallbecompltedwithpriortofinalbuildingandzoninginspections7ThatthehoursofoperatlonshallbelOOQamto200amdailyBEITFURTf1ERRESOLVEDthattheAnahelmCityPlanningCommissiondoesherebyfTndanddeterminethatadopttonofthisResolutionisexpresslypredicateduponapplicantscompllancewitheachandalloftheconditionsherelnabovesetforth2PC78228 ShouldanysuchconditionoranypartthereofbedeclaredinvalidorunenforceablebythefinaljudgmentofanycourtofcompetenJurtsdictionthenthisResolutinandanyapprovalshcreincontaincdshallbedeemednullandvoidTtiEFOREGOlNGRE30LUTIOtJissignedandapprovedbymeths25thdayofSeptember1978RMNNCITYLNNIhGCOMMISSIONATTESTOQr4itwSECRETARYAPIANEIJ1CITYPLAIIIIIIGCON115510NSTATOFCALIFORtIACOUtlTYOFORAHGEssCITYOFAIAHEIM1EdlthLHarrisSecretaryoftheAnaheimCiyPlanntngCommissiondoherebyceriifythattheforegcingresolutionwaspassedandadoptedataneettngoftheAnaheimCttyPianningCommissionheldonSeptember25197Eat130pmbyLhefollowingvoteofthcmabcrsthereofAYESCOMMISSIONERSBARNESOAVIOHEROSTJOHNSaKltrTOLARNOESCOH115SIOtERSf10hlEABSENTLHMISSIONERSiONEVACAPYONESEATINNITlJESSWHEREOFIhavehereunosetmyhandthis25thdayofSeptember9aSECRETARYANAHEItSCITYLANiINGCOMNSSION3PC78228 To whom it may concern, La Cabana Bar is currently operating with a class 42 beer wine license. We have been operating on 628 W. Orangewood for about the past 20 years. Our menu consist of bottled beers, wines, and wine based liquor. Due to space restraints we currently do not have a grill or food but we do allow the restaurant next door to bring food into customers. We also provide free snacks to costumers. We currently use a jukebox, TV’s, and a pool table to entertain our customers. Our hours of operation are from 2pm to 2am Monday thru Sunday. We currently have a total of 5 employees at the moment. If there are any questions please feel free to contact me at 714-206-6065 or email Jarcardia67@gmail. com. Thank you for your time Jaime Arcadia ATTACHMENT NO. 3 City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: Amy Vasquez/Planning Department Case No.: CUP 1891A La Cabana Bar 628 W. Orangewood Ave. Date: January 29, 2015 From: Lieutenant Tracy Hittesdorf Anaheim Police Department Vice, Narcotics and Criminal Intelligence Bureau Commander Contact: Name: S.P.S.R. Michele Irwin Phone: 714-765-1461 Email: mmirwin@anaheim.net I have reviewed the above case. Below are the comments and conditions from the Police Department: COMMENTS: The Police Department has received an I.D.C. Route Sheet for CUP 1891A. The applicant is requesting to upgrade to a Type 48 On Sale General Public Premise Alcoholic Beverage Control license in an existing beer and wine bar. The location is in Census Tract Number 884.02 which has a population of 4,854. This population allows for 5 on sale Alcoholic Beverage Control licenses and there are presently 17 licenses in the tract. It also allows for 2 off sale licenses and there are presently 3 licenses in the tract. This location is in Reporting District 2224 which is below the City average in crime. This location has had 4 calls for service in the last year and they consisted of: 3 burglary alarms and 1 auto theft recovery. The ¼ mile crime radius is 228% above the City average in calls for service. The crimes occurring in the ¼ crime radius consisted primarily of: 55 petty thefts, 36 auto burglaries, 18 frauds, 15 simple assaults and 14 vandalisms. RECOMMENDED CONDITIONS OF APPROVAL: The Police Department requests that the following conditions are placed on the Conditional Use Permit: ATTACHMENT NO. 4 No. Timing Condition Responsible Department 1. Managers, owners, bar tenders, and waitresses need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714-558-4101. Police Department 2. The permitted event or activity shall not create sound levels that violate any ordinance of the City of Anaheim. Police Department 3. 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 alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 4. Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 5. Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. Police Department 6. The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. Police Department 7. No one under the age of 21 shall be allowed on the premises at any time. Signs shall be posted at the front door stating “No one under the age of 21 allowed.” Police Department 8. The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) Police Department 9. There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 10. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. Police Department 11. Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 12. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police Department 13. Doors shall remain closed at all times except in case of an emergency or deliveries. Police Department 14. All employees and patrons shall be clothed in such a way as to not expose "specified anatomical areas" as explained in Anaheim Municipal Code 7.16.060. Police Department 15. There shall be no requirement to purchase a minimum number of drinks. Police Department 16. Signs shall be posted at all exits stating “No alcohol beyond this point.” Police Department 17. The number of persons in attendance shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code) Police Department Concur: Office of Chief of Police f:\home\mmirwin\CUP\2015-1891A 628 W Orangewood La Cabana Bar.doc ATTACHMENT NO. 5 ATTACHMENT NO. 6 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: FEBRUARY 9, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 3468A LOCATION: 2219 and 2221 West Orange Avenue (Faith Lutheran Church of Anaheim) APPLICANT/PROPERTY OWNER: The applicant is Jeff Weber of SIC Acquisitions representing the property owner, Faith Lutheran Church of Anaheim. REQUEST: The applicant is requesting to amend a condition of approval in order to increase the maximum number of students from 75 to 125 students for an existing child day care center. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities), and approving an amendment to Conditional Use Permit No. 3468. BACKGROUND: The 2.3-acre property is developed with a church and day care center and is located in the Transition (T) Zone. The General Plan designates this property for Corridor Residential land uses. Surrounding land uses include commercial uses to the east, commercial uses and single-family homes to the north, commercial uses and apartments to the south, across Orange Avenue, and a single-family residence to the west located outside the City limits in unincorporated Orange County. Conditional Use Permit No. 3468, to permit a child day care center with up to 50 students in conjunction with an existing church and private school, was approved in 1991. In 1999, this conditional use permit was amended to permit up to 75 day care students. PROPOSAL: The applicant proposes to amend a condition of approval in order to increase the permitted number of students from 75 to 125. Day care would be provided for students up to 14 years of age. Two existing buildings, that total approximately 3,199 square feet of classroom space, would be reconfigured to create additional classrooms within the existing building footprints. The interior floor area of the third classroom building is not being modified. The facility would have a maximum of 25 teachers and/or caregivers. The hours of operation are Monday through Friday from 6:00 a.m. to 6:00 p.m. This facility provides child day care only and no curriculum instruction is provided for school age students. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 3468A February 9, 2015 Page 2 of 2 Two play areas would be provided with one play area situated between the two day care buildings and enclosed with a wrought iron fence. The second play area is located on the east side of the property, adjacent to the parking lot and drive aisle, and also enclosed with a chain-link fence. The use of chain link fence in this location is considered legal non-conforming as it was approved by the Planning Commission in 1991. ANALYSIS: The Zoning Code permits day care facilities in this zone, subject to approval of a conditional use permit. Although not currently operating, a child day care center has been approved and operating at this location for 22 years. The new operator has run a child day care center facility for 10 years in an unincorporated area of Orange County just outside of the City of Anaheim. There have been no code enforcement violations or complaints related to the day care facility. The facility provides an outdoor play area and indoor floor space in compliance with State licensing requirements. The residences to the north and west would not be affected by noise generated from the outdoor play areas because the distance exceeds 200 feet to the property line of the nearest resident’s back yard. The site provides a drop-off and pick-up parking location for the facility in compliance with the Zoning Code. The existing church has hours of operation on Sundays from 8:30 a.m. to 6:00 p.m., and these hours do not overlap the day care center’s hours of operation on Monday through Friday. A condition of approval is included in the draft resolution to ensure that an overlap in activities between these two uses would not occur. Condition No. 9 of the conditional use permit states: “That a maximum of seventy five (75) children may be enrolled in subject child care center at any one time.” Staff recommends that this condition be revised to allow up to 125 students. The building and site are large enough to accommodate this request without impacting the surrounding neighborhood. CONCLUSION: The child day care facility has operated at this location for many years in a manner compatible with the surrounding uses and would provide the community with valuable child care services. Therefore, staff recommends approval of the request to amend the conditional use permit to allow up to 125 students in the child day care facility. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Previous Resolutions for Conditional Use Permit No. 3468 2. Draft Conditional Use Permit Resolution 3. Applicant’s Letter of Request and Justification Letter 4. Site Photographs 5. Site Plan TRELIGIOUS USE C-G (BCC)POLYNESIANMOTEL C-G (BCC)RETAIL C-G (BCC)BANK C-G (BCC)RESTAURANT SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RM-4EL CORTEZAPARTMENTS65 DU C-G (BCC)RETAIL RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RM-4SINGLE FAMILY RESIDENCE C-G (BCC)MEDICAL OFFICE C-G (BCC)OFFICES C-G (BCC)RETAIL C-G (BCC)RETAIL RS-2SINGLE FAMILY RESIDENCE C-G (BCC)RETAIL C-G (BCC)RETAIL C-G (BCC)RETAIL C-G (BCC)RETAIL C-G (BCC)RETAIL C-G (BCC)RETAIL U N I N C O R P O R A T E DUNINCORPORATEDANAHEIMANAHEIM S BROOKHURST STW ORANGE AVES THISTLE RDW THERESA AVE W CLEARBROOK LN W RAMM DR S MARBEYA PLS MILLS ENDW. BALL RD W. BROADWAY S. EUCLID STW. LINCOLN AVE S. MAGNOLIA AVEW. LINCOLN AVE 2 2 1 9 West O range A venue D EV No. 2 0 14-00120 Subject Property APN: 127-102-21 °0 50 100 Feet Aeri al Ph oto :May 20 14 S BROOKHURST STW ORANGE AVES THISTLE RDW THERESA AVE W CLEARBROOK LN W RAMM DR S MARBEYA PLS MILLS ENDW. BALL RD W. BROADWAY S. EUCLID STW. LINCOLN AVE S. MAGNOLIA AVEW. LINCOLN AVE 2 2 1 9 West O range A venue D EV No. 2 0 14-00120 Subject Property APN: 127-102-21 °0 50 100 Feet Aeri al Ph oto :May 20 14 ATTACHMENT NO. 1 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3468, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00120) (2219 & 2221 WEST ORANGE AVENUE) WHEREAS, on November 4, 1991, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (the "Planning Commission"), by its Resolution No. PC91-183, approved Conditional Use Permit No. 3468 (herein referred to as the "Original CUP") to permit a child day care center with up to 50 students in conjunction with an existing church and private school at 2219 West Orange Avenue in the City of Anaheim, County of Orange, State of California, which is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, on July 7, 1999, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC99-127, approved an amendment to Conditional Use Permit No. 3468 to amend a condition of approval to allow up to 75 child day care students (herein referred to as the "1999 Amendment"); and WHEREAS, the Original CUP and the 1999 Amendment shall be referred to herein collectively as the "CUP". The conditions of approval which were the subject of the Original CUP, as amended and modified by the 1999 Amendment, shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to further amend the CUP to permit an increase in the number of child day care students from 75 to 125 students at an existing child care facility at the Property ("Proposed Project"), pursuant to Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (“Code”). Said amendment to the CUP is designated herein as Conditional Use Permit No. 3468A; and WHEREAS, the Property is currently developed with a church and child care facility. The Property is located in the “T” Transition Zone and is subject to the zoning and development standards contained in Chapter 18.14 (Public and Special-Purpose Zones) of the Code. The Anaheim General Plan designates this Property for Corridor Residential land uses; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 1 - PC2015-*** WHEREAS, 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 of the State CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 9, 2015 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts with respect to Conditional Use Permit No. 3468A: 1. The request to permit the Proposed Project is an allowable use as a “Day Care Center” within the Transition Zone under subsection .040 of Section 18.14.030 of the Code provided that a conditional use permit is approved; and 2. The proposed amendment to Conditional Use Permit No. 3468 would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because an increase in the number of students from 75 to 125 is consistent with the operational characteristics of the original approval for a child day care facility; and 3. The size and shape of the site is adequate to allow the full development of the child day care facility in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing building previously utilized as a child day care facility. 4. The traffic generated by the child day care facility, as expanded, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 5. The granting of Conditional Use Permit No. 3468A 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, subject to compliance with the conditions contained herein. - 2 - PC2015-*** WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 3468A is hereby approved, thereby amending the CUP and permitting up to 125 students at the child day care facility for the Proposed Project. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the CUP and Conditional Use Permit No. 3468A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 3468A. 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 Conditional Use Permit No. 3468A 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 - PC2015-*** 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 February 9, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, 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 February 9, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of February, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-*** - 5 - PC2015-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 3468 (DEV2014-00120) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 1 A maximum of 125 students up to the age of 14 may be enrolled in the child day care facility at any one time. Planning Department, Code Enforcement Division 2 The day care hours of operation shall not overlap the hours of operation for church activities. Planning Department, Code Enforcement Division 3 On-going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Public Works, Traffic and Transportation Division 4 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 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 subject 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 - PC2015-*** Justification Letter to Amend the Conditional Use Permit No. 3468 2219 W. Orange Avenue August 26, 2014 (A. P. N. 127-102-21) Faith Lutheran Church of Anaheim Finding of Facts The current Conditional Use Permit No. 3468 which was approved on November 9, 1991. Section 9 states that “a maximum of Seventy Five (75) children be enrolled in subject center at one time” This request is to amend Section 9 to allow a maximum of one hundred twenty five (125) children be enrolled at any one time. The existing facilities have been designed and constructed to support 125 children. This request brings the current facility capacity up to current state standards. An Amendment to the existing Conditional Use Permit No. 3468 is required to increase the enrolled capacity to current state regulations. The proposed increase is consistent with the current use and will not adversely affect the adjoining land uses or growth and development of this area. The current size and shape of the existing facilities and parking lot is adequate to allow for the continued use of the property and is not determine to this particular area or to health and safety. The increase in enrolled children does not generate nor will impose an undue traffic burdens upon the streets and highways designed and improved to carry traffic in the area. The granting of this amendment to the existing Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of Anaheim. Respectfully, Jeff Weber SIC Acquisitions ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: FEBRUARY 9, 2015 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05474 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00116 LOCATION: 440 South Anaheim Boulevard (Packing House) APPLICANT/PROPERTY OWNER: The applicant is Chris Bennett, representing the Lab Holdings LLC, and the property owner is the City of Anaheim as Successor Agency. REQUEST: The applicant is requesting to amend a previously-approved conditional use permit for the Packing House food hall to: 1) permit a beer and wine bar with on and off-premises sales and consumption of alcoholic beverages, and 2) modify previously-approved plans and conditions of approval to allow an outdoor dining area and bar in conjunction with an existing restaurant space. This request also includes an associated determination of public convenience or necessity related to the sale of alcoholic beverages for on and off-premises consumption in conjunction with the aforementioned bar. 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. 2010- 05474 and Determination of Public Convenience or Necessity No. 2015-00116. BACKGROUND: This 1-acre project site is developed with the 42,766-square foot, 2-story dining and entertainment venue with 26 tenant spaces. The property is located within the Neighborhood Commercial District of the South Anaheim Boulevard Corridor (SABC) Overlay zone and the property is designated for Mixed-Use land uses by the General Plan. Surrounding land uses include a former auto repair facility to the south across Santa Ana Street, condominiums to the west across Anaheim Boulevard, a former lumber yard to the east, and a brewery and restaurant to the north. 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. 2010-05474 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00116 February 9, 2015 Page 2 of 4 Previous Entitlements: On September 26, 2011, the Planning Commission approved Conditional Use Permit No. 2010-05474 and Variance No. No. 2011-04868 to convert the Packing House building to a commercial venue to include retail stores, restaurants with outdoor dining, the sale of alcoholic beverages for on and off-premises consumption, a banquet hall, indoor and outdoor entertainment, and off-site parking lots with a reduced front yard setback. This entitlement permits a total of 12 on-sale Department of Alcoholic Beverage Control (ABC) licenses that allow alcohol sales in conjunction with food service only. On December 16, 2013, the Commission approved an amendment to this permit to allow a concierge bar with a Type 48 alcohol beverage control license (On-Sale General – Public Premises) and an associated determination of public convenience or necessity to permit the sale of alcoholic beverages for on-premises consumption in conjunction with the bar. PROPOSAL: The applicant proposes to permit two additional ABC licenses for the existing stand-alone wine bar on the lower floor of the Packing House food hall. The wine bar currently provides a wine tasting service under the same ABC license as adjacent Cook’s Chapel event center; however, this request would allow the wine bar to operate as an independent business with a Type 20 license that would permit the sale of beer and wine bottles for off-premises consumption, and a Type 42 (On-Sale Beer and Wine – Public Premises) license that would allow on-site beer and wine tasting without food service. The previously-approved conditional use permit allows for a maximum of twelve ABC licenses, including Type 41 (On Sale Beer and Wine – Eating Place) licenses, Type 47 (On-Sale General - Eating Place) licenses, and one Type 48 (On-Sale General – Public Premises) for the Hammer Bar in Space No. 215. The applicant is requesting modification of the following condition of approval that was included in the Planning Commission resolution for the previously-approved conditional use permit: COA 49 – “A maximum of twelve (12) alcoholic beverage licenses shall be permitted within the Packing House building. These alcoholic beverage licenses shall be for on-premises consumption only in conjunction with a bonafide eating establishment, with the exception of the Type 48 ABC license approved for the concierge bar in Space No. 215.” The applicant also requests modification of previously-approved plans for an outdoor dining area with a bar in conjunction with the existing Ecco’s Pizza restaurant space in Space No. 209B. The 1,600 square foot outdoor bar area is located on a wood deck adjacent to the restaurant and contains outdoor seating for approximately 40 customers and a freestanding bar structure with 16 seats and an overhead patio cover. The area is enclosed with an 8-foot high metal fence with clinging vines and 42-inch high metal gates. The area can be accessed from the Ecco’s Pizza restaurant or from the outdoor yard space on the east side of the main Packing House building. The original entitlement was approved to allow dining, patios, a wood deck, fireplace, seating, and entertainment in the outdoor space on the east side of the building. In addition, the original permit allows for a maximum of six Type 47 ABC licenses to allow bars in conjunction with restaurants. The outdoor dining and bar area for Ecco’s Pizza was legally constructed by the tenant and the bar and restaurant are permitted under a Type 47 license. However, this application includes more detailed plans of the permitted bar and provides the Commission with the opportunity to add operational conditions to ensure that the outdoor bar does not create a disturbance to neighboring properties. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05474 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00116 February 9, 2015 Page 3 of 4 ANALYSIS: The applicant’s proposal requires approval of the following entitlements: • Amend a conditional use permit to permit a beer and wine bar with on and off-premises sales and consumption of alcoholic beverages • Modify conditions of approval to add two ABC licenses to the Packing House food hall • Modify plans for an outdoor dining area with a bar in conjunction with an existing restaurant space • Make a determination of public convenience or necessity to permit the sale of alcoholic beverages for on-premises consumption in conjunction with the beer and wine bar Amendment to Conditional Use Permit: Staff has evaluated the applicant’s request to amend the facility’s existing conditional use permit to permit two additional ABC licenses in conjunction with the existing wine bar, and modify plans for the existing outdoor dining and bar for the Ecco’s Pizza restaurant, and supports the request. The restaurant and bar uses would complement the other food, banquet, and entertainment uses operating within the Packing House. The alcohol sales and consumption are intended to be accessory to food related businesses within the food hall. To ensure that this project does not cause any disturbances in the neighborhood, the Police Department has recommended conditions of approval that restrict the hours of operation, amplified sound, and outdoor entertainment in all outdoor patio areas on the Packing House property. Public Convenience or Necessity: 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 on-premises alcohol sales licenses within this census tract and because this property is located in a police reporting district with a crime rate above the City average. The California Department of ABC bases the number of permitted alcohol licenses within a Census Tract on its total population. The subject site is located within Census Tract No. 873.00, which has a population of 10,413. Based on this population, 11 on-sale alcohol licenses are allowed within this Census tract. There are presently 18 licenses in the tract and the additional on-sale license represents the 19th. There are 6 off-sale alcohol licenses allowed within this tract. There are presently 5 licenses in the tract and the additional off-sale license represents the 6th. The property is located in Police Reporting District No. 1625 which has a crime rate that is 299 percent above the City’s average crime rate. The crime rate within a one quarter mile radius of this site is 331 percent above the citywide average based upon calls for service. However, staff believes that the Type 42 ABC license being proposed will complement the other restaurants anticipated in the project. In addition, the previously-approved conditional use permit authorizing alcohol sales at this location includes several operational conditions of approval to ensure that all alcohol-serving businesses operate in a manner that is compatible with surrounding uses. Such operational conditions include restricting the hours of operation in conjunction with any entertainment and/or amplified music within all outdoor patios on the property. These operational conditions would also apply to the existing outdoor bar. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05474 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00116 February 9, 2015 Page 4 of 4 CONCLUSION: The proposed project would complement the other food, banquet, and entertainment uses operating within the Packing House. The alcohol sales and consumption are intended to be accessory to food-related businesses within the food hall. The project is compatible with the adjacent uses; therefore, staff believes the proposed bar and restaurant uses would be suitable land uses for this location and recommends approval of the project, subject to the recommended conditions of approval in the draft resolution. This would include a condition to restrict the hours of operation in conjunction with any entertainment and/or amplified music within all outdoor patios on the property, including the Ecco’s Pizza outdoor bar area. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Previous Conditional Use Permit Resolution (December 16, 2013) 2. Draft Conditional Use Permit and Public Convenience or Necessity Resolution 3. Applicant’s Project Description 4. Photographs 5. Plans I (S A B C )P A C K IN G H O U S E RS-2DUPLEX IINDUSTRIAL RM-4APTS7 DU I (M U )A P A R T M E N T S ICONDOMINIUM S/TOWNHOUSESR M -3 V A C A N T R M -4 (S A B C )A P T S12 D U R M -4 (S A B C )A P T S RM-4APTS5 DU RM-4SINGLE FAMILY RESIDENCE C-G (SABC)RETAIL R M -4 (S A B C )D U P L E X RM-4 APTS12 DU R S -3 S IN G L E F A M IL Y R E S ID E N C E C -G C A R W A S H RS-2APTS7 DU RM-4DUPLEX RM-4DUPLEX RM-4DUPLEX RM-4 (SABC)APTS22 DU ISINGLE FAMI LY RESI DENCERM-3 (SABC)FOURPLEX RM-3 (SABC)SINGLE FAMILY RESIDENCE I (SABC)SELF STORAGE FACILITY RS-2DUPLEX R M -4 (S A B C )A P T S9 D U RM-3 (SABC)DUPLEX RM-3 (SABC)SINGLE FAMILY RESIDENCE R S -3 S IN G L E F A M IL Y R E S ID E N C E C-G (DMU)MUSEUM RS-2FOURPLEX R M -4 (S A B C )7 D U RS-2OFFICES R M -4 (S A B C )A P T S12 D U RM-4DUPLEX C-GRELIGIOUS USE RS-2DUPLEX R S -3 S IN G L E F A M IL Y R E S ID E N C E RM-4DUPLEX RM-4FOURPLEX I (S A B C )A U T O R E P A IR /S E R V IC E I (S A B C )IN D U S T R IA L IR E S T A U R A N T S I (S A B C )C O N D O M IN IU M S /T O W N H O U S E S I (S A B C )IN D U S T R IA LI (S A B C )R E S T A U R A N T /B R E W E R Y RM-4DUPLEX I (S A B C )IN D U S T R IA L R M -4 (S A B C )A P T S9 D U RM-4APTS5 DU I (SABC)FARMERS PARKRM-4 (SABC)APARTMENTS16 DUI (S A B C )A U T O R E P A IR I (S A B C )S U B S T A T IO N R M -4 (S A B C )v a c a n tR M -4 (S A B C )V A C A N T I (S A B C )v a c a n tC -G (M U )M O R T U A R Y R M -4 (S A B C )A P T S19 D U S ANAHEI M BLVDE B R O A D W A Y W B R O A D W A Y S CLAUDI NA STE S A N T A A N A S T W E L M S T E E L L S W O R T H A V E S PHI LADELPHI A STW S A N T A A N A S T S LEMON STS ZEYN STS LANDMARK LNS. EAST STE . L IN C O L N A V E W . L IN C O L N A V E W . B R O A D W A Y E . B R O A D W A Y S. WALNUT STN. HARBOR BLVDS. M A N C H E S T E R A V E S.HARBORBLVDS. ANAHEI M BLVDE . B R O A D W A Y 4 4 0 South Anaheim Blvd D EV No. 2 0 10-00005 B Subject Property APN: 037-023-10 °0 50 100 Feet Aeri al Ph oto :May 20 14 S ANAHEI M BLVDE B R O A D W A Y W B R O A D W A Y S CLAUDI NA STE S A N T A A N A S T W E L M S T E E L L S W O R T H A V E S PHI LADELPHI A STW S A N T A A N A S T S LEMON STS ZEYN STS LANDMARK LNS. EAST STE . L IN C O L N A V E W . L IN C O L N A V E W . B R O A D W A Y E . B R O A D W A Y S. WALNUT STN. HARBOR BLVDS. M A N C H E S T E R A V E S.HARBORBLVDS. ANAHEI M BLVDE . B R O A D W A Y 4 4 0 South Anaheim Blvd D EV No. 2 0 10-00005 B Subject Property APN: 037-023-10 °0 50 100 Feet Aeri al Ph oto :May 20 14 ATTACHMENT NO. 1 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05474 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00116 FOR TYPE 20 AND TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSES AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2010-00005B) (440 SOUTH ANAHEIM BOULEVARD) WHEREAS, on September 21, 2011, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (the "Planning Commission"), by its Resolution No. PC2011-071, approved Conditional Use Permit No. 2010-05474 and Variance No. 2011- 04868 to convert the 2-story historic Packing House building to a commercial retail center, to include retail stores, restaurants with outdoor dining, the sale of beer, wine and distilled spirits for on-premises consumption, a public dance hall, indoor and outdoor entertainment, and off-site parking lots with a reduced landscaped setback (herein referred to collectively as the "Original CUP") on that certain real property located at 440 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, which is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"). In addition to permitting the use of the historic Packing House as a commercial retail center, the Original CUP permitted a total of twelve California Department of Alcoholic Beverage Control ("ABC") licenses at the Property in conjunction with the sale and service of food; six Type 41 (On Sale Beer & Wine – Eating Place) ABC licenses, authorizing the sale of beer and wine for consumption at a restaurant, and six Type 47 (On Sale General – Eating Place) ABC licenses, authorizing the sale of beer, wine and distilled spirits for consumption at a restaurant; and WHEREAS, on December 16, 2013, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2013-088, approved an amendment to the Original CUP to allow a concierge bar with a Type 48 (On-Sale General – Public Premises) ABC license within the Packing House building and an associated determination of public convenience or necessity to permit the sale of beer, wine and distilled spirits for on-premises consumption without the sale and service of food in conjunction with a the proposed bar to be located within the Property, which is now known as "Hammer" in Space No. 112 (herein referred to as the "2013 Amendment"). The 2013 Amendment represented the substitution of a Type 48 (On-Sale General – Public Premises) ABC license in the place and stead of one of the six Type 47 (On Sale General – Eating Place) ABC licenses that had been approved under the Original CUP; and WHEREAS, the Original CUP and the 2013 Amendment shall be referred to herein collectively as the "CUP". The conditions of approval which were the subject of the Original CUP, as amended and modified by the 2013 Amendment, shall be referred to herein collectively as the "Previous Conditions of Approval"; and - 1 - PC2015-*** WHEREAS, the Planning Commission did receive a verified petition to amend the CUP to permit a beer and wine bar with on- and off-premises sales and consumption of beer and wine for that portion of the Property where the business known as "Boxcar" in Space No. 111 is now located and make an associated determination of public convenience or necessity. Included as a part of the petition is the request to permit two additional ABC liquor licenses at the Property, both of which are proposed to be issued for that portion of the Property where the business known as "Boxcar" is now located. The two liquor licenses requested are a Type 20 (Off-Sale Beer & Wine) ABC license, that will allow the sale of beer and wine for consumption off the premises where sold, and a Type 42 (On-Sale Beer and Wine – Public Premises), that will allow the sale of beer and wine for consumption on or off the premises where sold where food service is required. The business known as "Boxcar" is presently being operated in connection with that portion of the Property commonly known as "Cook's Chapel" and operated as a banquet hall with one of the six authorized Type 47 ABC licenses. The applicant has requested that the business known as "Boxcar" be separated from the "Cook's Chapel" banquet hall for the purpose of alcohol sales and service so that the business can serve beer and wine on the premises without food service and, additionally, to sell beer and wine to its customers for off-premises consumption; and WHEREAS, in order to approve the applicant's petition for two additional ABC liquor licenses at the Property, the Planning Commission must determine that the public convenience or necessity will be served by the issuance by ABC of the aforementioned Type 20 (Off-Sale Beer & Wine) and Type 42 (On-Sale Beer and Wine – Public Premises) licenses (herein referred to collectively as "Public Convenience or Necessity No. 2015-00116") WHEREAS, also included as a part of the verified petition is a request to modify previously-approved plans and conditions of approval for an outdoor dining area with a bar in conjunction with an existing restaurant space for that portion of the Property where the business now known as "Ecco" in Space No. 209B is located; and WHEREAS, the requests to (1) permit a beer and wine bar with on- and off-premises sales and consumption of beer and wine for that portion of the Property where the business known as "Boxcar" is now located, (2) modify previously-approved plans and conditions of approval for an outdoor dining area with a bar in conjunction with an existing restaurant space for that portion of the Property where the business now known as "Ecco" is located, shall be referred to herein collectively as and (3) determine Public Convenience or Necessity No. 2015- 00116 may sometimes be referred to herein collectively as the "Proposed Project"), which, together, consist of an amendment to the CUP and is designated herein collectively as Conditional Use Permit No. 2010-05474B; and WHEREAS, the Property is approximately 1.0-acre in size and is developed with a 42,766 square foot, 2-story historically-significant building. The underlying zone of the Property is the "I" Industrial Zone but is subject to the zoning and development standards for the "C-NC" Neighborhood Center Commercial Zone contained in Chapter 18.08 (Commercial Zones) of the Code by virtue of the fact that the Property is designated within the Neighborhood Commercial District of the South Anaheim Boulevard Corridor Overlay Zone (the "SABC Overlay Zone"). Its designation within the Neighborhood Commercial District of the SABC Overlay Zone means that the Property is subject to the zoning and development standards for the "C-NC" Neighborhood Center Commercial Zone contained in Chapter 18.08 (Commercial Zones) of the Code; provided, however, that the requirements of the SABC Overlay Zone, as set forth in Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone), shall apply to the Property and shall supersede any inconsistent regulations of the "C-NC" Neighborhood Center - 2 - PC2015-*** Commercial Zone. The Anaheim General Plan designates this Property for Mixed Use land uses; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, 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 of Title 14 of the State CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and 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 a Public Convenience or Necessity No. 2015-00116, does find and determine the following facts: 1. On July 11, 1995, the City Council of the City of Anaheim 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 California 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 California Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by issuance of a license. 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 299% 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 does not exceed 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 does not exceed the ratio of off-sale retail licenses to population in the county. - 3 - PC2015-*** 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 "public convenience or necessity" determinations, and, when the sale of alcoholic beverages for on or 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. 5. The Property is located within Census Tract No. 873.00 with a population of 10,413 that allows for 6 off-sale ABC licenses and 11 on-sale licenses. There are presently 5 off-sale licenses and 18 on-sale license in the census tract. The Anaheim Police Department evaluates these requests based on the crime rates within the police reporting district by utilizing a one- quarter mile radius for the subject site. The subject site is in Reporting District 1625 which has a 299 percent above average crime rate and a crime rate of 331 percent above the average within a one-quarter mile radius. 6. A determination of Public Convenience or Necessity can be made based on the finding that the license requested under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcoholic beverages is ancillary to the mix of retail stores and restaurants within the Packing House building and would serve as an added convenience to those who choose to shop and dine at this establishment. 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. 2010-05474B, does find and determine the following facts: 1. While the off-premises sale of alcoholic beverages is not prohibited at the Property under paragraph .0202 of Subsection .020 of Section 18.24.030 (General Provisions) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of the Code, the request to permit the on- and off-premises sale of alcoholic beverages is properly one for which a conditional use permit is authorized under the underlying "C-NC" Neighborhood Center Commercial Zone pursuant to Subsection .010 (Primary Uses) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code. 2. The Proposed Project, including the sale of beer and wine for on- and off-premises consumption and a modification of the previously-approved plans and conditions of approval for an outdoor dining area with a bar in conjunction with an existing restaurant space, 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 these uses would complement, and be compatible with, the other food, banquet, and entertainment uses operating within the Packing House. Moreover, the alcohol sales and consumption are intended to be accessory to food-related businesses within the food hall. 3. The size and shape of the site for the on- and off-premises consumption of beer and wine 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. Moreover, the Proposed Project will not result in an increase in the parking demand for the Packing House facility. - 4 - PC2015-*** 4. The traffic generated by the Packing House building will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical retail businesses that would be permitted as a matter of right within the Neighborhood Commercial District of the SABC Overlay Zone. 5. The granting of Conditional Use Permit No. 2010-05474B 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, does hereby determine that the public convenience or necessity will be served by the issuance by ABC of the aforementioned Type 20 (Off Sale Beer & Wine) and Type 42 (On Sale Beer & Wine – Public Premises) within the Property at the location described herein above and, accordingly, hereby approves Public Convenience or Necessity No. 2015- 00116 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (the "Revised Conditions of Approval"). BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2010-05474B contingent upon and subject to the Revised Conditions of Approval. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 2010-05474B, and Public Convenience or Necessity No. 2015- 00116. BE IT FURTHER RESOLVED that the conditions of approval set forth in Exhibit B attached hereto are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 5 - PC2015-*** 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 February 9, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** 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 February 9, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of February, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 7 - PC2015-*** - 8 - PC2015-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05474 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00116 (DEV2010-00005B) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS – RESTAURANTS 1 At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 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 alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3 Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police Department 4 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 5 There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 6 The hours of operation shall be limited to a 12:00 a.m. closing, seven days a week. The sale and dispensing of alcohol shall terminate 30 minutes prior to closing. Police Department 7 The subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police Department 8 The outdoor patio areas must be completely enclosed with at least 42-inch high fencing and must include gates with self-closing hardware. Police Department GENERAL CONDITIONS – PUBLIC DANCE/BANQUET HALL IN SPACE NO. 112 9 There must be served at least one meal of a substantial nature as described in Section 4.16.050.030 Anaheim Municipal Code. Police Department - 9 - PC2015-*** 10 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) Police Department 11 The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code) Police Department 12 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 13 There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 14 The hours of operation shall be limited to a 12:00 a.m. closing, seven days a week. Police Department 15 All entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. Police Department 16 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim Municipal Code) Police Department 17 The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code) Police Department 18 No minor under the age of sixteen (16) years shall be allowed to attend a public dance event, unless accompanied by a parent or guardian. (Section 4.16.060.010 Anaheim Municipal Code) Police Department GENERAL CONDITIONS – FOOD COURT 19 Signs shall be posted in a prominent place at all exits of the premises, stating “No Open Containers of Alcoholic Beverages Beyond This Point.” Police Department 20 The applicant shall be responsible to ensure that no patron leaves the common dining area with an open container of alcoholic beverage. Police Department 21 There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police Department - 10 - PC2015-*** 22 The hours of operation shall be limited to a 12:00 a.m. closing, seven days a week. The sale and dispensing of alcohol shall terminate 30 minutes prior to closing. Police Department 23 All Type 41 and 47 ABC licenses in conjunction with the restaurants shall not be exchanged for a public premise (bar) type license, nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police Department GENERAL CONDITIONS – CONCIERGE BAR IN SPACE NO. 215 AND WINE BAR IN SPACE NO. 111 24 The bars shall be operated and maintained substantially in accordance with plans and specifications as specifically shown on exhibits approved in conjunction with this permit. Police Department 25 The bars shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) Police Department 26 There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 27 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 28 The hours of operation shall be limited to a 12:00 a.m. closing, seven days a week. The sale and dispensing of alcohol shall terminate 30 minutes prior to closing. Police Department 29 All persons serving or otherwise dispensing alcoholic beverages shall be 21 years old or older. All persons serving alcohol shall not consume any alcoholic beverages. Police Department 30 Signs shall be posted at all entrances stating “No one under 21 allowed beyond this point.” Police Department 31 Alcoholic beverages shall only be sold and served in distinctive cups and no other cups may be used for the dispensing of alcoholic beverages. Said containers shall be readily identifiable as containing alcoholic beverages and shall be distinct and different than containers of non-alcoholic beverages. The cups shall significantly differ in appearance from those containers utilized by any other licensees located in the food court. Police Department - 11 - PC2015-*** GENERAL CONDITIONS 32 The building shall be equipped with an alarm system (silent or audible). Police Department 33 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police Department 34 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678. Police Department 35 The rear doors of the premises shall be numbered with the same address numbers or suite number of the business. Minimum height of 4” recommended. Police Department 36 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 37 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Police Department 38 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 39 All security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) Police Department 40 Any permitted event or activity shall not create sound levels, which violate any ordinance of the City of Anaheim as described in Section 4.16.100.010 of the Anaheim Municipal Code. The activities occurring in connection with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police Department - 12 - PC2015-*** 41 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. Public Works Department 42 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning Department, Code Enforcement Division 43 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 44 The operation of this use is contingent upon the continued availability of a minimum of 212 parking spaces as recommended in the parking study prepared by Kimley Horn Traffic Engineers dated September, 2011. Any proposed modifications to the approved parking arrangement shall be subject to the review and approval of the Planning and Public Works Departments. Planning Department 45 A maximum of twelve (12) outdoor events shall be permitted per calendar year for any activities that include the sale and consumption of alcoholic beverages. These twelve events shall apply to both CUP2010-05474B and CUP2010-05506A permits combined. Outdoor activities that include alcoholic beverage consumption are subject to review and approval by all applicable City departments. All accessory permits shall be obtained as deemed necessary. The outdoor events shall provide adequate security as required by the Police Department. Planning Department 46 Amplified sound in connection with outdoor events shall not be permitted after 10:00 p.m. seven days a week, with the exception of outdoor movies shown during the months of May through August, which may be permitted until 11:00 p.m. Any amplified sound shall be audible to the audience only, and shall not cause a disturbance to the adjacent residential neighborhoods. Speakers used for amplified sound shall be directed away from the residential properties to the east. Police Department 47 A maximum of fourteen (14) alcoholic beverage licenses shall be permitted within the Packing House building. These alcoholic beverage licenses shall be for on-premises consumption only in conjunction with a bonafide eating establishment, with the exception of the Type 48 (On-Sale General – Public Premises) ABC license approved for the concierge bar in Space No. 215, and the Type 20 (Off Sale - Beer & Wine) and Type 42 (On-Sale Beer and Wine – Public Premises) licenses in the wine bar in Space No. 111. Planning Department - 13 - PC2015-*** 48 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 49 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 50 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 - 14 - PC2015-*** ATTACHMENT NO. 3 JUSTIFICATION FOR CONDITIONAL USE PERMIT The request for modification to the Packing District CUP is being submitted to address the following items: 1. Add two additional liquor licenses to accommodate BXCR wine shop that will include a tasting bar and retail sales of wine bottles. Both a type 20 and a type 42 are required to operate this individual shop 2. Modify language in the current CUP that disallows charging “cover” for entrance to a space. The event space currently under construction in the Packing House will be rented out for events (i.e. weddings or corporate meetings) and will be used for cooking classes, lectures, etc. While the purpose of this language is meant to disallow nightclub type uses, we need the condition here to clearly allow the intended uses. 3. Modify previously-approved plans to permit a bar and outdoor dining area in conjunction with Ecco Pizza 4. Add one additional type 20 and type 42 liquor license to the Packing House to accommodate a future craft beer retail shop. This would operate in same manner as the wine bar but would be focused solely on craft beer. The proposed uses are intended to expand the Packing District operations and will not negatively affect the existing operations here or the surrounding uses of the neighborhood. The proposed uses further develop the culinary marketplace concept behind the Packing District and allow retail sales of wine and craft beer which currently does not exist. The Packing District has become a unique destination which is having positive impacts on surrounding residential and commercial development. The development of the next phase (550 S. Anaheim Blvd.) will take a vacant underutilized historic building, restore it and bring activity back to this corner. The proposed uses are within existing historic structures. No new development is occurring so impacts to traffic, health, safety and environment are negligible. The site proposed for the use is large enough to accommodate anticipated growth of thedevelopment and allow the continued operation without causing a detriment to downtown area or to health and safety. Traffic generated by the proposed use will not impose an undue burden upon the roads designed and constructed to handle the traffic in the area. The Packing District parking study addresses parking for this project. All Packing District buildings are operated by a single management company (Community Management Corporation- CMC). Security and all operations will be handled consistently for all -Page 1- three buildings and Farmers Park to ensure a safe environment for visitors and the surrounding neighborhood. ATTACHMENT NO. 4 ATTACHMENT NO. 5 HANDSINKICEORDER/DINING101KITCHEN102PATIO104BAR105HANDSINKHANDSINKPREP103DN.K-1EQUIPMENT FLOOR PLAN1EQUIPMENTFLOORPLAN3198-G AIRPORT LOOP DR.COSTA MESA, CA 92626PHONE: (714) 979-8385FAX: (714) 979-6430WWW.HATCHDESIGN.COM10/24/2013 PROGRESS ISSUEECCO PIZZA SHOPPE440 S. ANAHEIM BLVD. No 209-BANAHEIM, CA 92805GENERAL NOTES:SEATING COUNT:ITEMS NOT SHOWN:SHEET INDEX:2LOWER LEVEL DRY STORAGE stlstlELEVMENELECELEC ROOMBASE COUNTER LINEELEV MECHELEV MECHWOMENUNDER MAIN STAIR1121514131617VAULT06070809101112114101102103104111113108110109107106-107A105ELEV1BOMA FLOOR SUMMARYCONSTRUCTION GROSS AREAEXTERIOR GROSS AREATOTAL UNENCLOSED AREAPARKING AREA22,95921,3681,591-TOTAL GROSS LEASABLE AREATOTAL COMMON AREANONLEASABLE AREAANCILLARY AREA 13,0028,366-15088 SF94 SF61 SF100 SF79 SF82 SF117 SF488 SF297SF594 SF594 SF897 SF196 SF0504030201134 SF114 SF100 SF119 SF82 SF154 SF82 SF104 SF3,014 SF227SF772 SF887 SF671 SF1,888 SF110 SF367 SF304 SF112 SF75 SF150 SF3750 E. ANAHEIM STREETSUITE 200LONG BEACH CA | 90804T 562.621.9100F 888.698.2966WWW.PPMCO.NETA BETTER PLANPRECISION PROPERTYMEASUREMENTS332" = 1'-0"SCALEPROJECT#33APPROVED BYDATE1 of 2SHEETFLOOR PLAN(LOWER LEVEL)PREPARED FORPROJECT NAMEPROJECT TYPEPROJECT ADDRESS#867902/19/14COMMUNITYMANAGEMENTCORP.440 S. ANAHEIMBLVD440 S. ANAHEIM BLVDANAHEIM, CA 90825VICINITY MAP wal lowductductlow wlBASE COUNTER LINEOUTERMOST WALL LINEBASE COUNTER LINE ductductductductductshaftshaftductductMECH/SECURITYHIST. ENTRYroll up doorduct214213212211210209A209B208207205204KIOSK203202201215MENSTAIRSWOMENELEV214181920TRANSFORMEROFFICEOFFICEMECH/STORSTAIRSELEVOPEN TO BELOWRAMPXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXMECHANICALDELIVERY1BOMA FLOOR SUMMARYCONSTRUCTION GROSS AREAEXTERIOR GROSS AREATOTAL UNENCLOSED AREAPARKING AREA33,13019,78613,344-TOTAL GROSS LEASABLE AREATOTAL COMMON AREANONLEASABLE AREAANCILLARY AREA9,6859,9631384,021209B678 SF484 SF537 SF767 SF414 SF833 SF241 SF60 SF60 SF91 SF301 SF322 SF1,915 SF1,055 SF1,019 SF984 SF515 SF331 SF693 SF599 SF684 SF240 SF209A254 SF206RAMP201202-203204205295 SF329 SF3750 E. ANAHEIM STREETSUITE 200LONG BEACH CA | 90804T 562.621.9100F 888.698.2966WWW.PPMCO.NETA BETTER PLANPRECISION PROPERTYMEASUREMENTS332" = 1'-0"SCALEPROJECT#33APPROVED BYDATE2 of 2SHEETFLOOR PLAN(UPPER LEVEL)PREPARED FORPROJECT NAMEPROJECT TYPEPROJECT ADDRESS#867902/19/14COMMUNITYMANAGEMENTCORP.440 S. ANAHEIMBLVD440 S. ANAHEIM BLVDANAHEIM, CA 90825VICINITY MAP 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.