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PC 2015/05/04City of Anaheim Planning Commission Agenda Monday, May 4, 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 websitewww.anaheim.net/planningon Thursday, April30, 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 planningcommission@anaheim.net e-mail address: APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, 10calendar days Tentative Tract and Parcel Maps will be final after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or 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. AnaheimPlanning Commission Agenda -5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of publichearing items. 05/04/15 Page 2of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2014-05744 Resolution No. ______ (DEV2014-00070) Location:2930 West Ball Road Request: Project Planner: To permit a 50-foot high, Wireless Amy Vazquez Communications Facility, designed as a monopine, avazquez@anaheim.net at an existing church. Environmental Determination:The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelinesas a Class 11(Accessory Structures) Categorical Exemption. ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2015-05783Resolution No. ______ (DEV2015-00012) Location:1100 East Orangethorpe Avenue Request: Project Planner: To permit a physical fitness facility within Amy Vazquez an existing office complex. avazquez@anaheim.net 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. 05/04/15 Page 3of 5 ITEM NO. 4 CONDITIONAL USEPERMIT NO. 2003-04761B Resolution No. ______ (DEV2015-00010) Location:1143-1155 North Anaheim Boulevard Request: To amend a condition of approval for a Project Planner: Vanessa Norwood previously-approved adult day care facility to increase vnorwood@anaheim.net the maximum number of students from 44 to 64 students and to expand into an adjacent unit within an existing office building. Environmental Determination:The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelinesas aClass 1(Existing Facilities)Categorical Exemption. ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2015-05781Resolution No. ______ VARIANCE NO. 2015-05013 (DEV2015-00009) Location:605-607 North Euclid Avenue Request: Topermit a restaurant with sales of Project Planner: Scott Koehm alcoholic beverages for on-premises consumption with skoehm@anaheim.net 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 Guidelinesas aClass 1(Existing Facilities)Categorical Exemption. Adjourn to Monday, May 18, 2015at 5:00 p.m. 05/04/15 Page 4of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 3:30p.m.April 29, 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 hearingsaccessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. Laciudad 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 díahabil antes de la reunión programada. 05/04/15 Page 5of 5 ITEM NO.2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE:MAY 4, 2015 SUBJECT:CONDITIONAL USE PERMIT NO. 2014-05744 LOCATION: 2930 West Ball Road (Anaheim Community Church) APPLICANT/PROPERTY OWNER: The agent is Ross Miletichrepresenting the applicant, Verizon Wireless.The property owner is Anaheim Community Church. REQUEST: The applicant is requesting approvalof a conditional use permit to allow a 50-foot high,wireless communicationsantennadesigned as a pinetree. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution,determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures)and approving Conditional Use Permit No. 2014-05744. BACKGROUND: This3.0-acre siteis located in the T(Transition)zone and is currently developed withachurch.The General Plan designates the sitefor Neighborhood Center Commercial land uses.Surrounding land usesincludea commercialretailcenterto the northacross Ball Road,apartments and single-family residences to the east,residential uses to the southin the City of Stanton,and retail uses and a mobile home park to the west. PROPOSAL: The applicant is proposing toconstruct a 50-foot high,wireless communications antenna designed to look like apinetree.The antenna would be located approximately 100 feet from Ball Road in a landscaped planter adjacent to the church sanctuary.As required by the Zoning Code, threelive pinetrees, a minimum of 20 feet in height,would be plantednext to the antenna.The antenna and associated equipment would be located within an eight-foot block wall enclosure. The block wall would include a decorative cap,would bepainted to match the exterior of the church and would have a hedge planted at the base.The unmannedfacility would operate 24 hours a day; seven days a week. Routine maintenance would occur every four to six weeks. 200 S. AnaheimBlvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMITNO. 2014-05744 May 4, 2015 Page 2of 3 FINDINGSAND ANALYSIS: Before the Planning Commission may approvea conditional use permit, it must make a finding of fact that the evidence presented shows thatall of the following conditions exist: 1)That the proposed use is properly one for which a conditional use permit is authorized by this code; 2)That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3)That the size and shape of the site proposed for the use 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; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5)That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Telecommunications Facilities:Before the Planning Commission may approvea conditional use permit for a telecommunications facility that exceeds the height of the underlying zone, it must make the additionalfindingsof fact that the evidence presented shows that all of the following conditions exist: 1)Alternativesshall be provided to staff, including but not limited to additional and/or different locations and designs, and has determined that the application as approved would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives; 2)Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for collocation of facilities or for the efficient operation of the proposed facility; and 3)Any negative impacts of the proposed facility are properly mitigated. The Zoning Code requires a conditional use permit for a wireless telecommunications facility in this zone. Antennasthat are higher than the maximum height of the underlying mayalsobe approved by conditional use.The purpose of the conditional use permit is to ensure compatibility with surrounding usesand to ensure the project site is adequate to accommodate the use in a safe manner. CONDITIONAL USE PERMITNO. 2014-05744 May 4, 2015 Page 3of 3 The Zoning Code allows structures up to 30 feet in height in this zone. The antenna would be 50 feet high. Thewireless facilitywould be significantly setback from Ball Road within an existing landscape planter. The proposed pine tree design would blend in with two existing mature pine trees located on the property. The facilitywould be located approximately 160feet from the nearest residential zone boundary to the eastand would be separated from the residential uses by the sanctuary building. Since theantenna would not be located adjacent toresidential usesand is buffered by an intervening building, staff is not recommending a condition of approval that would limit maintenance hours. The applicant has submitted a site justification study which indicates that the height proposed for this facility is necessary to eliminate coverage gaps and enhance voice and data services in this area of the City. The benefits of thisimprovedservice would be better voice and reception quality, higher security and privacy for users and enhanced communications for emergency services.As required by the Zoning Code, the study also provides alternative locations and designs.Six properties within the search ring were considered. Theapplicant’s engineer determined the alternative locations and designs would not achieve thenecessarycoverage objectives,the sites did not have the necessary space for the facilityor the property owners were not interested in leasing the space for the facility.The proposed antenna would have a lesser impact on the aestheticsof the area as compared to other alternative locations since it would blend into the group of other pine trees in the immediate vicinity. CONCLUSION: Staff believes that the conditions exist for Planning Commission to make the required findings to approve this request. The proposed telecommunications facilitywould be compatible with surrounding land uses and would help support the local community by improving telecommunication service in the area. The facility is designed in a manner that minimizes visual and potential noise impacts onsurroundingland uses, including theadjacentresidential neighborhoodto the east.Staff recommends approval of the conditional use permit. Prepared by,Submitted by, Amy VazquezJonathan E. Borrego Associate Planner, Lilley Planning GroupPlanning Services Manager Attachments: 1.Draft Conditional Use Permit Resolution 2.Applicant’s Letter of Requestand CUPJustification 3.Photographs 4.Photo Simulations 5.Plans RM-4 LYNROSE MANOR APARTMENTS C-G 72 DU SHADOW SINGLE FAM C-G PARK INN TRAVEL INN MOTEL & SUITES RM-2 C-G CONDOS C-G T RETAIL LYNDY'S MOTEL9 DU RELIGIOUS USE C-G SERVICE STATION C-G RM-4 RESTAURANT FRENCH COUNTRY APARTMENTS C-G 33 DU RETAIL C-G RS-2 RETAIL SINGLE FAMILY RESIDENCE RM-4 TWIN PINES T APARTMENTS RELIGIOUS USE C-G (MHP) 114 DU TRAILS INN MOBILEHOME PARK C-G RETAIL 050100 ° Aerial Photo: May 2014 Feet W. BROADWAY Subject Property APN: 126-271-32 DEV No. 2014-00070 2930 West Ball Road 050100 ° Aerial Photo: May 2014 Feet W. BROADWAY Subject Property APN: 126-271-32 DEV No. 2014-00070 2930 West Ball Road [DRAFT]ATTACHMENT NO. 1 RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMITNO. 2014-05744AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00070) (2930 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Conditional Use Permit No. 2014-05744to permit a 50-foot high, Wireless CommunicationsFacility designed as a monopine at a church(herein referred to as the "Proposed Project") for certain real property located at 2930 West Ball Roadin the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit Aand incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately3.1acres, is developed with a church. The Anaheim General Plan designates the Neighborhood Center Commercialland uses. The Property is located within the Transition (T) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.14(Public and Specail-Purpose Zones)of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 4, 2015at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against said proposed Conditional Use Permit No. 2014-05744, andto investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, and that, therefore, pursuant to Section 15311 (Class 11–Accessory Structures) of Title 14 of the California Code of Regulations, the Proposed Projectwill not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2014-05744,does find and determine the following facts: 1.The request topermit aa 50-foot high Wireless Communications Facility designed as amonopinethat exceeds the maximum height requirement in the Transition (T) Zone is properly one for which a conditional use permit is authorized by paragraph .0511 of subsection .050 (Design Standards) of Section 18.38.060(Antennas –telecommunications)of the Code. -1-PC2015-*** 2.The request topermit a50-foot high Wireless Communications Facility designed as a monopinethat exceeds the maximum height requirementwould not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Proposed Projectwill be located in an area of the Propertycontaining other pinetrees that are similar in height; and 3.The size and shape of the site for the proposed 50-foot high Wireless Communications Facility designed as a monopineis adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the telecommunications monopinewithout creating detrimental effects on adjacent properties. 4.The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because no traffic will be generated by this unmanned telecommunications facility;and 5.The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project will be compatible with surrounding landuses. 6.Alternatives were provided to staff, including but not limited to additional and/or different locations and designs. Staff has determinedand this Planning Commission hereby findsthat the application,as approved,would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives; 7.Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for co-location of facilities or for the efficient operation of the proposed Wireless Communications Facility; and 8.Any negative impacts of the proposed Wireless Communications Facilityare properly mitigated. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution.The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05744, contingent upon and subject to the conditions of approval described in Exhibit Battached 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. -2-PC2015-*** 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 ashowing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 4, 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 Commissionof 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 May 4, 2015, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 4day of May, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4-PC2015-*** -5-PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05744 (DEV2014-00070) RESPONSIBLE CONDITIONS OF APPROVAL DEPARTMENT NO. OPERATIONAL CONDITIONS 1The portion of the property being leased to the Planning Department, telecommunication provider shall be permanently maintained Code Enforcement in an orderly fashion by providing regular landscape Division maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 2The Wireless Communications Facility designed as a Planning Department, monopineshall not exceed 50 feet in height.Planning Services Division 3The equipment enclosure shall be painted to match the existing Planning Department, church.Planning Services Division 4Clinging vines shall be planted and maintained on the Planning Department, equipment enclosure. Planning Services Division 5The Wireless Communications Facilitymay continue Planning Department, indefinitely and shall be limited to the design as specifically Planning Services identified on the approved plans and exhibitson file with the Division City.No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Services Manager of the Planning Department and/or his or her designee. 6No signage, flags, banners or any other form of advertising Planning Department, shall be attached to the antennas, the transmission tower Code Enforcement structure or the accessory equipment building.Division 7The Wireless Communications Facility equipment operator shall Police Department ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. The Wireless Communications Facilityequipment operator shall resolve all interference complaints within twenty-four (24) hours. -6-PC2015-*** RESPONSIBLE CONDITIONS OF APPROVAL DEPARTMENT NO. GENERAL 8The subject Property shall be developed substantially in Planning Department, accordance with plans and specifications submitted to the City Planning Services of Anaheim by the petitioner and which plans are on file with Division the Planning Department, and as conditioned herein. 9The Applicant shall defend, indemnify, and hold harmless the Planning Department, City and its officials, officers, employees and agents Planning Services (collectively referred to individually and collectively as Division “Indemnitees”) from any and all claims, actions or proceedingsbrought 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. 10The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days Planning Services of the issuance of the final invoice or prior to the issuance of Division 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. -7-PC2015-*** ATTACHMENT NO. 2 Authorized Agent for Verizon Wireless City of Anaheim APPLICATION FOR CONDITIONAL USE PERMIT ProjectInformation and Justification BACKGROUND With current efforts underway to establish the required infrastructure for its network in the City of Anaheim, Verizon Wireless has retained the services of Core Development Services to facilitate the land use entitlement process. On behalf of Verizon, Core is submitting an application to the City requesting approval to construction and operation an unmanned wireless telecommunications facility and to present the following project information for your consideration: Site ID: Hayward Address: 2930 W. Ball Road, Anaheim, CA 92804 APN: 126-271-32 Zoning: T (Transitional) Use: Anaheim Community Church PROJECT REPRESENTATIVE-MAIN POINT OF CONTACT Ross Miletich, Zoning Manager Core Development Services 2749 Saturn Street Brea, CA 92821 714-319-7875 Rmiletich@core.us.com PROJECT DESCRIPTION Verizon is proposing to construct a new, unmanned, stealth wireless facility at the address referenced above. The proposal involves the construction of a new 50’-0” monopine tree, screened with three pine trees and extensive landscaping for additional screening. The tower will accommodate the installation of twelve (12) panel antennas, one (1) MW dish antenna, two (2) raycap boxes, and twelve (12) RRU’s. The panel antennas will have a centerline of 45’-0” and the microwave dish of 37’-0”. The wireless tower will be composed of RF transparent material, and will be screened with extensive landscaping. A 500 square foot lease area for an 8’-2” high CMU equipment enclosure with the monopine mounted within the equipment enclosure. The enclosure have two (2) GPS antennas mounted to the wall, withfive (5) equipment cabinets and one (1) stand-by generator on a raised concrete pad. The 8’-0” CMU enclosure wall will consist of a 2” high decorative cap, and will be painted and texturized to match the church exterior. MAINTENANCE AND MONITORING The facility is unmanned and operates 24 hours a day, 7 days a week. Since the facility is unmanned, it will not generate any traffic or impact traffic circulation. The facility is connected to a central network operations center that monitors the facility’s status. Routine maintenance occurs once every 4-6 weeks to ensure the equipment is operating within normal specifications. Should an emergency arise, maintenance crews are dispatched as necessary to correct the situation. HAZARDOUS MATERIALS Sealed lead acid batteries are used for stand-by power in the event of a power failure on most Verizon Wireless Facilities. The batteries are often referred to as “gel cell” type batteries. Prior to issuing of Building Permits, Verizon will complete the Hazardous Materials Questionnaire and get the appropriate approvals from County. Additionally, the facility will not create any hazardous odor, light or glare. PROPERTY CHARACTERISTICS The subject property is the Anaheim Community Church. The land use designation of the proposed site is T (Transitional). The Church is located on a somewhat neglected block; the property across the street is empty. A steeple tower structure may help the Church both aesthetically and economically. The parcel is abutting residential to the east and south. The antennas are setback from residential dwellings enough to propose the 50’-0” tower height per the “Height Scale” in Table 8-F, Chapter 18.08 in the Anaheim Municipal Code. There is service every weekday during the afternoon/evening and on Sundays. The Church has a moderate base The proposed lease area is directly adjacent to the walkway and entrance. There of followers. are no known scenic aspects of this site and no known adverse soils conditions. There are no known protected species of plants or animals on site. The surrounding land uses are as follows: North: West Ball Road South: Residential East: Residential West: Commercial & Residential Page 2 PROJECT OBJECTIVE Wireless carriers deploy new wireless facilities in a specific area to achieve the one of the following: Provide signal coverage of sufficient strength to achieve consistent, sustainable, and reliable service to customers at a level sufficient for outdoor, in-vehicle, and in-building penetration with good voice and data quality during high demand periods. (Threshold, - 85dBm). Provide additional system capacity to ensure there is sufficient signal capacity to offset the contraction of signal experienced when nearby sites become overloaded and more enhanced voice and data services are used (4G and other high speed data services) thereby creating periodic gaps. With heavy use this contraction of signal is intensified due to the unique properties of digital radio transmissions. Page 3 In this specific case Verizon’s radio frequency (RF) engineers observed that the existing/surrounding Verizon sites are becoming overloaded, and determined that an additional facility is needed in order to relieve network traffic congestion and ensure reliable levels of service. Specifically, this site will provide capacity offload to PLAZA PINES GAMMA sector. Radio frequency coverage maps have been provided to illustrate this issue with the network. The deployment of the proposed site will provide a significant improvement over the existing conditions. The proposed facility will provide an integral link in Verizon’s Wireless’ proposed network and is designed to provide coverage to this area of the City of Anaheim. The site is a necessity to the general welfare and public safety of the community. At present, Verizon Wireless is experiencing capacity issues as well as poor performance in providing in-building coverage within the residential community surrounding this specific area. The proposed site will provide reliable wireless telecommunications services to Verizon customers throughout the community. Page 4 SITING ANALYSIS Customer demand drives the need for new cell sites. Data relating to incomplete and dropped calls is gathered, drive-tests are conducted, and scientific modeling using sophisticated software is evaluated. Once the area requiring a new site is identified, a target/search ring on a map is provided to a real estate professional to being a search for a suitable location. During an initial reconnaissance, properties considered for the installation of a cell site must be located in the general vicinity of the ring, with an appropriate zoning designation, and appear to have enough space to accommodate an antenna structure and the supporting radio equipment. The size of the space will vary depending on the objective of the site. The owners of each prospective location are notified to assess their interest in partnering with Verizon Wireless. Four key elements are considered in the selection process: Leasing: The property must have an owner who is willing to enter into a long-term lease agreement under very specific terms and conditions. Zoning: It must be suitably zoned in accordance with local land-use codes to allow for a successful permitting process. Construction: Construction constraints and costs must be reasonable from a business perspective, and it must be feasible for the proposed project to be constructed in accordance with local building code and safety standards. RF: The property and facility must strategically be located to be able to achieve the RF engineer’s objective to close the significant gap with antennas at a height to clear nearby obstructions. The search area to address the coverage gap described above is predominantly commercial and residential with the exception of the subject parcel, Anaheim Community Church. The Site Selection/ Alternative Site Analysis section belowdetails the characteristics of the surrounding land uses, topography of the property, and the reasons why a site is or is not feasible. SITE SELECTION/ PREFERRED SITES The search area ring was created by the radio frequency engineer (RF) for Verizon Wireless site “Hayward” and is centered commercial and residential areas. While it is ideal for Verizon to locate their facility as far away from residential uses as possible, it is often times a challenge to do so when the intended coverage is for the residential community. In order to be closer to the coverage area, Verizon community while still meeting coverage, needs to find a location that is the least obtrusive to the design and construction objectives.. The proposed location for the wireless communication facility was chosen for its ability to meet the intended coverage objective of the surrounding residential units. The proposed equipment Page 5 shelter and monopine will also be built to match the adjacent existing church building. Furthermore, the proposed site will not interfere with the anticipated growth of the development or surrounding land uses. On the contrary, the wireless facility will allow for better signal coverage in the area to accommodate future growth and greater Verizon usage. Also, the antennas within the tower will not be visible due to the full FRP screening and will not be identifiable as a wireless facility from surrounding residential areas and vantage points, as is demonstrated in the submitted photographic simulations. The proposed design will be in context of its surroundings. ALTERNATIVE SITE ANALYSIS Verizon Wireless explores candidates very thoroughly during the site selection process and ranks them or rules them out based on their ability or inability to meet the coverage or capacity needs of the search ring, as well as other factors including construction feasibility, leasing feasibility, zoning feasibility, etc. Therefore, by the time an application is submitted, the best candidate and least obtrusive design would have been selected and proposed. The following is a detailed list of the properties explored for the proposed wireless telecommunications facility: YIP - 3024 W. BALL ROAD, ANAHEIM, CA 92804 Strip mall property is located closest to center of ring. There is an existing 30 foot cupola in center of property which may be utilized for the antennas. Several stores are vacant. Property Page 6 was recently transferred to Property Owner’s living trust. RF rejected candidate due to not meet the RF antennas height. SHADOW PARK -916 S. BEACH BLVD., ANAHEIM, CA 92804 Proposal was to place antennas within an existing 30 foot clock tower on this motel facing Beach Blvd. Rear of property abuts apartment complex. Proposal was not meeting RF antenna height and property owner was not interested. PICK YOUR PART - 10181 BEACH BLVD., STANTON, CA 90680 This is a large auto parts “junk yard” that is owned by LKQ Corporation. There is a tall, slim, 30 foot tower in the middle of the property that could be used for wireless antennas and equipment. LKQ is a national publically traded corporation with an in-house team of attorneys. The property may cause environmental issues for the facility. LL not interested in placing antennas and equipment in middle of property. Site will not meet RF required antenna height. LINDY’S MOTEL - LATITUDE: 33.817708°, LONGITUDE: -117.992186° Property Owner is not interested in lease. HERMANOS - LATITUDE: 33.817708°, LONGITUDE: -117.992186° Property Owner is not interested in lease. ADVENTURE CITY - LATITUDE: 33.815579°, LONGITUDE: -117.992893° Property is owned by a family. Family is interested in leasing yet concerned about selling the property down the line. Multiple family members involved in transactional decisions. Ultimately, property owner decided they would not leave to Verizon until they knew their plans for future redevelopment as they were unsure where to place the Verizon facility on the property. PROJECT BENEFITS The proposed project will provide the following community benefits: Telephone, data transmission, paging, short message functions, and voicemail services and reliable services for emergency purposes. Personal safety and security for community members in an emergency, or when there is an urgent need to reach family members or friends. Safety is the primary reason parents provide their children with cell phones. Currently 25% of preteens, 9 to 12, and 75% of all teens, 13 to 19, have cell phones. Enhanced emergency response communications for police, fire, paramedics and other Page 7 emergency services. Enhanced 911 Services (E911)- The FCC mandates that all cell sites have location capability. Effective site geometry within the overall network is needed to achieve accurate location information for mobile users through triangulation with active cell sites (over half of all 911 calls are made using mobile phones). Better voice and reception quality. Higher security and privacy for telephone users. REGULATING AGENCIES Verizon Wireless is a registered public utility, licensed and regulated by the Public Utilities Commission (CPUC) and the Federal Communications Commission (FCC). As a public utility, Verizon Wireless is licensed by the FCC, is authorized to operate, and must provide wireless communication services throughout the nation. Verizon Wireless’ telecommunications facilities operate at the lowest possible power levels and are well below established standards used by the FCC for safe human exposure to radio frequency electromagnetic fields. These standards have been tested and proven safe by the American National Standards Institute and the Institute of Electrical and Electronics Engineers (IEEE). The proposed communications facility will operate in full compliance with the U.S. standards for radio frequency emissions as published by the American National Standards Institute (ANSI). The ANSI was developed by the committee composed of 125 scientists from universities, non-profit laboratories and Federal Health Laboratories (FDA, NIOSH and EPA). In 1992 the ANSI established, as a public safety standard, a maximum exposure level to radio . frequency emissions of 1000 microwatts per centimeter squared (1,000 uW/cm2) The development of this facility will further enhance Verizon’s Southern California wireless network by allowing its customers reliable access to Verizon’s nationwide network of services. Similar to the other existing wireless service providers, each Verizon Wireless communications facility, or base station, will consist of transmitting and receiving antennas mounted on a communication tower or other suitable structure. This specific proposed site will become an integral part of Verizon’s City of Anaheim’s wireless network. The enclosed application is presented for your consideration. Verizon Wireless requests a favorable determination and approval to build the proposed facility. Please contact me at (714) 294-8933 or eahmed@core.us.com for any questions or requests for additional information. Page 8 Respectfully submitted, Erum Ahmed Authorized Agent for Verizon Wireless Page 9 ATTACHMENT NO. 3 City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO.3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE:MAY4, 2015 SUBJECT:CONDITIONAL USE PERMIT NO. 2015-05783 LOCATION: 1100 East OrangethorpeAvenue (Anaheim Fit Body Boot Camp) APPLICANT/PROPERTY OWNER: The applicant is Franco Diaddezioand the property owner is Anaheim Crossroads Business Park, LLC. REQUEST: The applicant is requesting approval of a conditional use permitto establish a physical fitness facility within an existing office complex. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1,Existing Facilities), and approving Conditional Use Permit No. 2015-05783. BACKGROUND: This 4.8-acre project site is developed with an office complex. The property is located in theI (Industrial)zone and the General Plan designates this property for Office-Low land uses. Theproperty is surrounded by industrial usesto thesouth, east and west,and two restaurants to the north across Orangethorpe Avenue. PROPOSAL: The applicant proposes to open a3,318square foot physical fitness facility.No changes to the exterior of the building are proposed.Classeswouldbe held at 5:30a.m., 8:30 a.m., 5:00 p.m. and 5:45 p.m., Monday through Friday.Each class would last 45 minutes. Weekend classes would take place on Saturdays at 7:45 a.m. and 8:30 a.m.Boot camp-type classes and personal training would be offered at this facility.All fitness activities would be conducted within the building. The typicalclass size would be 10to 15participantswithone personal trainer. FINDINGS AND ANALYSIS: Before the Planning Commission may approve a conditionaluse permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1)That the proposed use is properly one for which a conditional use permit isauthorized by this code; 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2015-05783 May 4, 2015 Page 2of 2 2)That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3)That the size and shape of the site proposed for the use 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; 4)That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5)That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. A conditional use permit is required to permit physical fitness facilities in this zonein order to determine compatibility with the surrounding area.Staff believes that the proposed use wouldbe compatible with other businesses in the surrounding areabecause all fitness activities would be conducted within the building andclasses would operate primarily duringoff-peak hours for the office building.With the conditions imposed,such as prohibitingany outdoor fitness activities and restrictingoperation to those outlined in the attached Letter ofRequest,the establishment of this use would not impactthe operationsor opportunities for expansion of other nearby businessesor be detrimental to the health and safety of the citizens of the City of Anaheim. Parking:The Zoning Code requires that parking requirementsbe calculated by combining the needs of the physical fitness facility and the officeuseson the property.The fitness facility and industrial businessesrequirea total of 329parking spaces;18are required for the fitness facility and 311for the other uses within the office complex.The property contains a total of 350parking spaces;therefore, the parking provided for the combined uses complieswith the City’s requirements. CONCLUSION: Staff believes that the conditions exist for Planning Commission to make the required findings to approve this request. Theproposed physical fitness business is compatible with on-site office uses and the industrial and commercial uses inthe surrounding area. The number of parking spaces provided exceeds ZoningCode requirements.Staff recommends approval of this request. Prepared by,Submitted by, Amy VazquezJonathan E. Borrego Associate Planner,Lilley Planning GroupPlanning Services Manager Attachments: 1.Draft Conditional Use Permit Resolution 2.Applicant’s Letter of Request 3.Photographs 4.Site Plan 5.Floor Plan I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL TO I AIR/ I I INDUSTRIAL VICE INDUSTRIAL I INDUSTRIAL RESTAURANT I OFFICES LF I AGE INDUSTRIAL I LITY I AKUA OFFICES MOTOR INN I I I I IINDUSTRIAL INDUSTRIAL INDUSTRIAL INDUSTRIAL INDUSTRIAL 050100 ° Aerial Photo: May 2014 Feet APN: Subject Property 267-021-15 267-021-16 DEV No. 2015-00012 1100 East Orangethorpe Avenue 1661 N Raymond Avenue 050100 ° Aerial Photo: May 2014 Feet APN: Subject Property 267-021-15 267-021-16 DEV No. 2015-00012 1100 East Orangethorpe Avenue 1661 N Raymond Avenue [DRAFT]ATTACHMENT NO. 1 RESOLUTION NO. PC2015-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2014-05783 MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00012) (1100 EAST ORANGETHORPEAVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition toapprove Conditional Use Permit No. 2014-05783 to permit a physical fitness facilitywithin an existing office complex(referred to herein as the "Proposed Project") for that certain real property located at 1100 East OrangethorpeAvenuein the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit Aand incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 2.4acres in size and is currently developed with twoofficebuildings. The Anaheim General Plan designates the Property for Office-Lowland uses. TheProperty is located in the “I”IndustrialZone. As such, the Property is subject to the zoning and development standards described in Chapter 18.10(Industrial Zones) of the Anaheim Municipal Code(the "Code"); and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 –Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, on May 4, 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 Code, to hear and consider evidence for and against proposed ConditionalUse Permit No. 2014-05783and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to a physical fitness facility in an existing industrial building, does find and determine the following facts: 1.The proposed request to permit a physical fitness facility within an existing office complexis properly one for which a conditional use permit is authorized under the classes of allowable uses set forth inTable 10-A as "Dance &Fitness Studios-Small", as referenced in paragraph .0402 of subsection.040 ofSection No. 18.10.030 of the Code. -1-PC2015-*** 2.The proposed conditional use permit to permit a physical fitness facility, as conditioned herein, would notadversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by compatible buildings and uses; and, the physical fitness facility would be located within an existing building with no adverse effects to adjoining land uses. 3.The size and shape of the site for the use is adequate to allow the full development of the physical fitness 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 office building that is surrounded byindustrial and office uses. 4.The traffic generated by the physical fitness facility 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 oftraffic on the surrounding streets and adequate parking will be provided to accommodate the use. 5.The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surroundingoffice andindustrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05783, contingentupon and subject to the conditions of approval described in Exhibit Battached 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 approvalmay be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the 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. -2-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 Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the requestregarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 4, 2015. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 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 May 4, 2015, by the following voteof the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 4day of May, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3-PC2015-*** -4-PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05783 (DEV2015-00012) RESPONSIBLE NO.CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS The operator of the business shall not permitand shall take all steps 1Planning Department, necessary to preventits patronsfrom usingany portion of a public Planning Services Division street for any exercise or physical fitness activities associated with the business. There shall be no outdoor fitness activities or storage of physical 2Planning Department, fitness equipment. Planning Services Division The business shall be operated in accordance with the Letter of 3Planning Department, Request submitted as part of this application. Any changes to the Planning Services Division business operation as described in that document shall be subject to reviewand approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. GENERAL CONDITIONS 4The applicant is responsiblefor paying all charges related to the processing of this discretionary case application within 30 days of Planning Department, the issuance of the final invoice or prior to the issuance of building Planning Services Division 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. 5The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively Planning Department, referred to individually and collectively as “Indemnitees”) from any Planning Services Division and all claims, actions or proceedingsbrought 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. 6The Property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services Division applicant and which plans are on file with the Planning Department and as conditioned herein. -5-PC2015-*** ATTACHMENT NO. 2 ATTACHMENT NO. 3 ATTACHMENT NO. 4 City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE:MAY4,2015 SUBJECT:AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04761 LOCATION: 1143-1155North Anaheim Boulevard APPLICANT/PROPERTY OWNER: The applicantisMichael Gallianoand the property owner is Soden Family Limited Partnership. REQUEST: The applicant is requesting anamendment to aconditional use permit to expand an existing adult day care facility into an adjacent tenant space in an existing commercial centerand increase the number of students from 44 to 64.The expanded facility would continue to serve non-ambulatory, developmentally disabled adults. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determiningthat this request is categorically exempt under the California Environmental Quality Act(Class 1, Existing Facilities) and approving an amendment to Conditional Use Permit No. 2003-04761. BACKGROUND: This0.87-acre propertyis located in the C-G (General Commercial)zoneand isdesignated for Parks land uses by the General Plan. The property isdeveloped with a single-story,14,195 square foot office building. Surrounding uses include industrial uses to the east across Anaheim Boulevard, a small office building to the north; a single family residence to thesouth,and medical offices and a parking lot to thewest. Previous Entitlements:On October 6,2003, the Planning Commissionapproved a conditional use permitfora 4,850 square foot, adult daycare facility for up to 36 developmentally disabled adults within the existing office building.On December 13, 2004, the Planning Commission approved a one-year time extension in order for the applicant to comply with conditions of approval and a substantial conformance request to add 938 square feet for a staff lounge, restroom, training room and storage area. 200 S. AnaheimBlvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04761 May 4, 2015 Page 2of 3 On August 3, 2009,the Planning Commission approved a request to increase the number of students from 36 to 44 and to expand into anadjacent1,876square feetunit. PROPOSAL: The applicant requestsanamendment tothe existing conditional use permit to expand theadult day care facility into an adjacent1,375square foot office spacewhich would expand the facility to a total of 9,039square feet.The remainder of the building wouldcontinue to be used for general office uses.The expanded facility would serve up to 64 non-ambulatory, developmentally disabled adultsand havea total of 15employees.The facility is open for student activities from8:30 a.m. until 3:30 p.m. Activities include multi-sensory therapeutic programs and employment and independent living services. All clients arrive and depart by bus shuttle services or care givers.No construction is proposed as part of this request.The Zoning Code requires 43 parking spaces for the office building including the adult day care facility. A total of 56 parking spaces are provided on the property. In addition, this use has a very low parking demand because clients arrive by bus or are dropped off by caregivers. FINDINGSAND ANALYSIS: Before the Planning Commission may approvean amendment to any conditionaluse permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1)That the proposed use is properly one for which a conditional use permit is authorized by this code; 2)That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3)That the size and shape of the site proposed for the use 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; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5)That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04761 May 4, 2015 Page 3of 3 The Zoning Code requires a conditional use permit foradult day care facilities in this zone to determine compatibility with surrounding land usesand to ensure that the project site is adequate to support the proposed use.This facility has been operating at this location for 11 yearswithout negatively impacting surrounding businesses or properties. Staff has conducted an inspection of the property and observed that the property was well maintained and there are noCode violations on the property.Thefacilityhas a track record of operatingin conformance with the approved conditional use permit and associated conditions of approval. Therefore, staff believes the expansion of this facility would not adversely affect the adjoining land uses and would be compatible with the surrounding area. In addition, this facility provides an essential service to enhance the lives of disabled adults in the community. CONCLUSION: Staff believes that theconditions exist for Planning Commission to make the required findings to approve this request. The expansion of the existingadult day care facility is compatible with existing and surrounding uses. The facility has an excellent track record of operation without impacting surrounding properties. Therefore, staff recommends that the amendment be approved. Prepared by,Submittedby, Vanessa NorwoodJonathan E. Borrego Associate PlannerPlanning Services Manager Attachments: 1.Draft Resolution 2.Applicant’s Letter of Operation and CUP Justification 3.Site and Floor Plans 4.Site Photographs C-G I INDUSTRIAL INDUSTRIAL C-G INDUSTRIAL C-G I I BUSINESS INDUSTRIAL INDUSTRIAL SCHOOL I PR INDUSTRIAL VACANT C-G RETAIL C-G RM-4 CHURCH PARKING I LOT INDUSTRIAL RM-4 CHURCH RM-4 C-G TRIPLEX RETAIL PR RM-4 RETAIL VACANT C-G RETAILI INDUSTRIAL C-G COLUMBUS CLUB OF ANAHEIM C-G VACANT T TRIPLEX C-G T C-G VACANT LA PALMA PARK C-G RETAIL & STADIUM I RETAIL INDUSTRIAL C-G RETAIL I RETAIL 050100 ° Aerial Photo: May 2014 Feet Subject Property APN: 267-134-23 DEV No. 2015-00010 1147 North Anaheim Boulevard 050100 ° Aerial Photo: May 2014 Feet Subject Property APN: 267-134-23 DEV No. 2015-00010 1147 North Anaheim Boulevard [DRAFT]ATTACHMENT NO. 1 RESOLUTION NO. PC2015-*** A RESOLUTION OFTHE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVINGAN AMENDMENT TO CONDITIONAL USE PERMIT NO.2003-04761, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00010) (1143-1155 North Anaheim Boulevard) WHEREAS, on October 6,2003, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (the "Planning Commission"), by its Resolution No. PC2003-135, approved Conditional Use Permit No. 2003-04761(herein referred to as the "Original CUP") to permit an adultday care center with up to 36students at 1147North Anaheim Boulevardin the City ofAnaheim, County of Orange, State of California, which is generally depicted on the map attached hereto as Exhibit Aand incorporated herein by this reference (the "Property"); and WHEREAS, on December 13,2004, and subject to certain conditions of approval, the Planning Commission, by motionapproved aone year time extension to comply with conditions of approval andarequest for determination of substantial conformance to amend floor plans for the addition of938 square feet to the previously-approved adult daycare facility for a staff lounge, training room and storage facility; and WHEREAS, on August 3, 2009, and subject to certain conditions of approval, the Planning Commission by its Resolution No. PC2009-072, approved an amendment to Conditional Use Permit No. 2003-04761to amend a condition of approval toallow up to 44 adult day care students for a previously-approvedadult day care center; and WHEREAS, the Original CUP and the subsequent amendmentsshall 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 subsequentapprovals, shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to furtheramend the CUP to permit the expansion of the existing adult carefacility from approximately 7,664 square feet to approximately 9,039square feet that will enable the facility to increase the number ofadultday carestudents from 44to 64students("Proposed Project") pursuant to Section 18.60.190(Amendment of Permit Approval) of Chapter 18.60 (Procedures) of Title 18 (Zoning) of the Anaheim Municipal Code (“Code”). Said amendment to the CUP is designated herein as Conditional Use Permit No. 2003-04761C;and WHEREAS, the Property is currently developed with anoffice building,including the adult daycare facility.The Property is located in the "CG"General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08(Commercial Zones) of the Code. The Anaheim General Plan designates this Property for Parksland uses;and -1-PC2015-*** 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, thePlanning 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 May 4,2015,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 Projectand 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 inits behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following factswith respect to Conditional Use Permit No. 2003-04671C: 1.The request to permit the Proposed Project is an allowable use as a “Day Care Center” within the "C-G" CommercialGeneral Zone under subsection .030 of Section 18.08of theCode provided that a conditional use permit is approved; and 2.The proposed amendment to Conditional Use Permit No. 2003-04761to permit the expansion of an adult daycare facility with up to 64clients into an adjacent tenantspace at the Property would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be locatedbecause the useis consistent with the operational characteristics of the original approval for an adult day care facility; and 3.The size and shape of the site is adequate to allow the full development of the adultday care facility in a manner not detrimental to the particular area or to the health and safety because the property is currently improved with a commercial center with no proposed expansion and the existing buildingcurrentlyutilized as a adultday carefacility. 4.The traffic generated by the adultday 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 exceedthe anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. Further, the number of vehiclesentering and exiting the site are consistent with existingand permitted businesses within the building and the number of parking spaces complies with code with 43spaces required and 56 spaces provided. -2-PC2015-*** 5.The granting of Conditional Use Permit No. 2003-04671Cunder 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. 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. 2003-04761Cishereby approved, thereby amending the CUP and permitting up to 64students at the adultday care facilityfor 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 Band incorporated herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions of Approval andhereby replace the Previous Conditions of Approvalin their entirety. All references to the conditions of approval for the CUP and Conditional Use Permit No. 2003- 04761C 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. 2003- 04761C. 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. 2003-04761Cin 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 ofthis 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 ofthe request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 4, 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 THECITY 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 May 4,2015, by the following voteof the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 4day of May, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4-PC2015-*** -5-PC2015-*** EXHIBIT“B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04761 (CONDITIONAL USE PERMIT NO. 2003-04761C) (DEV2015-00010) RESPONSIBLE NO.CONDITIONS OF APPROVAL DEPARTMENT GENERAL 1Planning Department, A maximum of 64adult day carestudents up may be enrolled in the day Code Enforcement care facility at any one time. Division 2Public Works, Traffic On-going during project operation, no required parking areas shall be and Transportation fenced or otherwise enclosed for outdoor storage uses. Division Trash storage area(s) shall be maintained to the satisfaction of the Public 3 Public Works, Works Department, Streets and Sanitation Division, including the Street and installation of trash enclosure gates, in compliance with approved plans Sanitation/Operations on file with said Department. 4Planning Department, All clients served by this facility shall arrive and depart by public or Code Enforcement private bush shuttle, as proposed by the project applicant. Division The project shall provide on-site passenger loading and unloading in the 5Public Works, Traffic manner approved by the City Traffic and Transportation Manager. and Transportation Division 6Any graffiti painted or marked upon the premises or on any adjacent area Planning Department, under the control of the licensee shall be removed or painted over within Code Enforcement 24 hours of being applied.Division 7Four (4) foot high address numbers shall continue to be displayed on the Police Department building roof in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent or nearby properties. Said information shall be in compliance with plans approved by the Police Department, Community Services Division. 8The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of the Planning Services issuance of the final invoice or prior to the issuance of building permits Division for this project, whichever occursfirst.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. -6-PC2015-*** RESPONSIBLE NO.CONDITIONS OF APPROVAL DEPARTMENT The Applicant shall defend, indemnify, andhold harmless the City and 9Planning Department, its officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as “Indemnitees”) from any and all claims, Division actions or proceedingsbrought 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. The subject Property shall be developed substantially in accordance with 10Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Department, and Division as conditioned herein. -7-PC2015-*** ATTACHMENT NO. 2 City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO.5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE:MAY 4, 2015 SUBJECT:CONDITIONAL USE PERMIT NO. 2015-05781AND VARIANCE NO. 2015-05013 LOCATION: 605-607 North Euclid Avenue. APPLICANT/PROPERTY OWNER: Theapplicantis Kristina Lyandthe propertyowneris David Diamond. REQUEST: The applicant requests approval of aconditionalusepermittopermit a restaurant with sales of alcoholic beverages to be consumed on site.The applicant also requests a variance to allowfewerparking spacesthan 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 Conditional Use Permit No. 2015-05781and Variance No. 2015-05013. BACKGROUND: This 10.5-acre property is developed with aretail center and is located in the C-G (General Commercial)Zone.The General Plan designates this property for Regional Commercialuses.Surrounding uses include apartmentsto the west;single-family residences and a commercial building to the south across Crescent Avenue; an Orange County Flood Control channel borders the property to the north; and the Anaheim Plaza shopping center is east of the property across Euclid Avenue. PROPOSAL : The applicant would like to open Sakura Shabu-Shabu, aJapanese foodrestaurant with beer and wine sales in an existing building in the Euclid Plaza shopping center.The restaurant will be approximately 2,100 square feet and combine two existing units into one unit. The previous tenants were a restaurant and a retail store.Sakura Shabu-Shabu will have five employees at the restaurant during each shift, and a total of 22 part-time employees.The restaurantwill be open from 11:00 a.m. to 12:00 a.m.(midnight)daily. The floor planincludes a dining room with tables and diner-style counter seats.No bar or designated drinking area is proposed and all alcoholic beverages will be 200 S. Anaheim Blvd. served at the tables.No exterior changes to the building are proposed at this time. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2015-05781AND VARIANCE NO. 2015-05013 May 4, 2015 Page 2 of 3 FINDINGSAND ANALYSIS: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1)That the proposed use is properly one for which a conditional use permit is authorized by this Zoning Code; 2)That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3)That the size and shape of the site proposed for the use 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; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5)That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Restaurants with sales of alcoholic beverages require approval of a conditional use permitin this zonein order to determine compatibility with surrounding land uses. Staff believes the addition of this restaurant with alcoholic beverage sales would be compatible with other businesses in the center, as well as the nearby commercial properties. The proposed restaurant space is located in a commercial building adjacent to Euclid Avenue and the unit faces the interior of the shopping center.There are two other businesses in this shopping center with alcoholic beverage licenses including the 99 Ranch Market which sells alcohol for off-premises consumption and the Tin Tin Restaurant which has a beer and wine license for on-site consumption.Because there is only one other restaurant in the shopping center with an alcohol license,staff believesthat the addition of thislicense wouldnot create an over-concentration of alcohol serving usesin the area or negatively impact surrounding properties.In addition, the restaurantspace would belocated more than300 feet fromthe residential properties south of Crescent Street and more than 600 feet from the residential properties to the west. Parking Variance: A variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of thefollowing conditions exist: 1)That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; CONDITIONAL USE PERMIT NO. 2015-05781 VARIANCE NO. 2015-05013 May 4, 2015 Page 3 of 3 2)That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 3)That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4)That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5)That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The Zoning Code requires 17parking spacesfor the proposed restaurant.The previous tenants in thisspace required 12 spaces, so the new restaurantwill increase the parking requirement byfive spaces.The combined shopping center uses require895parking spaces and there are 683 spaces provided.Several parking variances have been granted on this property over the years based on studies prepared by licensed traffic engineers. The most recent study wasprepared in 2009for the Jollibee drive thru restaurant.Thisstudy identifieda peak parking demand of 457 spaces. There have been no significant changesin the commercial tenant mixsince this study.Staff has made several visits to this property since the submittal of this application and observed that while certain areas of the center can be congestedduring peak times, there is adequate parking available on the property and there is no evidenceof parking impacts from this site on adjacent streets or properties.Based upon the historical parking demand identified intheparking studies, the attached parking justification from the applicant,and staff observations, staff recommends approval of the parking variance as the increase in parking spaces for this proposal is only five spaces and the number of parking spaces available on-site are adequate to accommodate this increase. CONCLUSION :Staff believes that the conditions exist for Planning Commission to makethe required findings to approve this request. The restaurantwith sales of alcoholic beverage is compatible with the surrounding commercial land usesand will not adversely affect adjoining land uses.In addition, there is adequate parking to accommodate the proposed use.Therefore, staff recommends approval of the conditional use permitand parking variance. Prepared by,Submitted by, Scott KoehmJonathan E. Borrego Associate PlannerPlanning Services Manager Attachments: 1.Draft Conditional Use Permit and Variance Resolution 2.Applicant’s Request Letter 3.Parking Justification Letter 4.Photographs 5.Site Planand Floor Plan RM4 CONDOMINIUMS/TOWNHOUSES C-G C-G RETAIL RESTAURANT RM-4 CONDOMINIUMS/TOWNHOUSES C-G C-G MEDICAL OFFICE OFFICES RM-4 C-G CONDOMINIUMS/TOWNHOUSES C-G MEDICAL OFFICES OFFICE O.C.F.C.D. O.C.F.C.D. RM-4 DOMINIUMS/TOWNHOUSES C-G C-G ANAHEIM PLAZA RETAIL (NORTH) RM-4 -4 RM-4 GLEN COVE TS GLEN COVE APARTMENTS DU APARTMENTS 30 DU 30 DU RM-4 RM-4 T GLENCREST GLENCREST APTS APTS 31 DU 31 DU C-G (MU) RS-2 RS-2 RS-2 BANK SINGLE FAMILY RESIDENCE SINGLE C-G SINGLE FAMILY ANAHEIM PLAZA FAMILY RESIDENCE SHOPPING CENTER RESIDENCE RS-2 C-G (MU) SINGLE FAMILY RESIDENCE SFR RS-2 RS-2 SINGLE SINGLE FAMILY RS-2FAMILY RESIDENCE SINGLERESIDENCE FAMILY RESIDENCE 050100 ° Aerial Photo: May 2014 Feet W. ROMNEYA DR Subject Property APN: 272-041-07 DEV No. 2015-00009 605 North Euclid Street 050100 ° Aerial Photo: May 2014 Feet W. ROMNEYA DR Subject Property APN: 272-041-07 DEV No. 2015-00009 605 North Euclid Street [DRAFT]ATTACHMENT NO. 1 RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSIONOF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMITNO. 2015-05781 ANDVARIANCE NO. 2015-05013AND MAKINGCERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00009) (605-607 NORTH EUCLID AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015- 05781to permita restaurant with sales of alcoholic beverages for on-premises consumption, and (ii) Variance No. 2015-05013to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code") (collectively referred to herein as the "Proposed Project") for premises located at that certain real property at 605-607 North Euclid Avenuein the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit Aand incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 10.5acres in size and is currently developed with an commercial retail center.The Anaheim General Plan designates the Property for Regional Commercial land uses. The Property is located in the General Commercial Zone and is subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 4, 2015at 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. 2015-05781and Varaince No. 2015-05013, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 –Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and -1-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 for Conditional Use Permit No. 2015- 05781, does find and determine the following: 1.The request for a conditional use permit to permit a restaurant with sales of alcoholic beverages for on-premises consumptionis properly one for which a conditional use permit is authorizedby Code Section No 18.08.030.040.0402, subject to the imposition of conditions of approval. 2.The conditional use permit, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with a commercial retail centerand the Proposed Project will occupy space previously occupied by a restaurant and retail tenant. 3.The size and shape of the Property is adequate to allow the fulloperation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. 4.The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the commercial retail center was designed for restaurant and retail trafficand that the traffic associated with the proposed restaurant is similar to the traffic associated with the previous restaurant and retail tenants. 5.The granting of Conditional Use Permit No. 2015-05781under 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, based upon the parking justification letter submitted by the applicant, previous parking studies conducted on the property in recent years, and observations made by staff,the Planning Commission does further find and determine that the request for a variance for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010Minimum number of parking spaces. (895spaces required; 683spaces proposed) 1.Based, in part, upon a review of the findings of a parking justification analysis submitted by the applicant,previous parking studies conducted on the property in recent years, and observations made by staff,that the variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the number of spaces required for this use is comparable to the number of spaces required for retail uses in the center and the studies and observations indicate that there enough parking spaces to accommodate this request; -2-PC2015-*** 2.That the variance, under the conditions imposed, will not increasethe demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of the proposed resstaurant; 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 commercial retail centerwill adequately accommodate peak parking demands of the use on the site; 4.That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and That the variance, under the conditions imposed, will not impede vehicular 5. ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and,therefore,will not impede vehicular ingress to or egress from adjacent properties uponthe public streets in the immediate vicinity of the industrial property. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution.The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05781and Variance No. 2015-05013, contingent upon and subject totheconditions of approval set forthin Exhibit Battached heretoandincorporated herein by this reference, whichare hereby found to be a necessary prerequisite to the proposed use of the Property underVariance No. 2015-05013and Conditional Use Permit No. 2015-05781in 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 PlanningDirector upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -3-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 nulland 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 May 4, 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 -4-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 May 4,2015by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 4day of May, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5-PC2015-*** -6-PC2015-*** EXHIBIT “B” VARIANCE NO. 2015-05013 CONDITIONAL USE PERMIT NO. 2015-05781 (DEV2015-00009) RESPONSIBLE CONDITIONS OF APPROVAL DEPARTMENT NO. OPERATIONAL CONDITIONS 1. All requests for new water services or fire lines, as well as any Public Utilities modifications, relocations, or abandonments of existing water Department, Water services and fire lines, shall be coordinated through the Water Engineering Division Engineering Division of the Anaheim Public Utilities Department. 2. Any graffiti painted or marked upon the premises or on any adjacent Planning Department, area under the control of the business owner shall be removed or Code Enforcement painted over within 24 hours of being applied.Division 3. The building shall be equipped with a comprehensive security alarm Police Department, system (silent or audible) for the following coverage areas:Planning & Research Unit The perimeter of the building anaccess route protection High valued storage areas Robbery panic alarm for cashier(s) 4. The applicant shall complete a Burglary/Robbery Alarm Permit Police Department, application, Form APD 516, and return it to the Police Department Planning & Research prior to initial alarm activation. This form is available at the Police Unit Department front counter, or it can be emailed to applicant by contacting Officer Budds at mbudds@anaheim.net. 5.Adequate lighting of parking lots, passageways, recesses, and grounds Police Department, contiguous to buildings shall be provided with lighting of sufficient Planning & Research wattage to provide adequate illumination to make clearly visible the Unit 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. 6.There shall be no admission fee, cover charge, Police Department nor minimum purchase required. 7.There shall be no exterior advertising of any kind or type, including Police Department advertising directed to the exterior from within, promoting or indicating theavailability of alcoholic beverages. 8.That subject alcoholic beverage license shall not be exchanged for a Police Department public premise (bar) type license nor shall the establishment be operatedas a public premise as defined in Section 23039 of the Business and Professions Code. -7-PC2015-*** RESPONSIBLE CONDITIONS OF APPROVAL DEPARTMENT NO. 9.At all times when the premise is open for business, the premise shall Police Department be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 10.There shall be no entertainment, amplified music or dancing Police Department permitted on the premise at any time unless the proper permits have been obtainedfrom the City of Anaheim. 11.Security measures shall be provided to the satisfaction of the Police Department Anaheim Police Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 12.The business shall not employ or permit any persons to solicit or Police Department encourage others, directly or indirectly, to buy them drinks in the licensedpremises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act). 13.Managers I Owners need to call the Department of Alcoholic Police Department Beverage Control and obtain LEAD (Licensee Education on Alcohol and DrugsProgram) Training for themselves and service employees. The number is 714-558-4101. 14.The number of persons shall not exceed the maximum occupancy Police Department 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). 15.The door(s) shall be kept closed at all times during the operation of Police Department the premises except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. 16.The applicant shall post and maintain a professional quality sign Police Department facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. 17.The sale of alcoholic beverages for consumption off the premises Police Department shall be prohibited. 18.The applicant shall police the area under their control in an effort to Police Department prevent the loitering of persons about the premises. -8-PC2015-*** RESPONSIBLE CONDITIONS OF APPROVAL DEPARTMENT NO. GENERAL CONDITIONS OF APPROVAL 19. The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as “Indemnitees”) from any Division and all claims, actions or proceedingsbrought 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. 20. The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of the Planning Services issuance of the final invoice or prior to the issuance of building Division 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. 21. The subject Property shall be developed substantially in accordance Planning Department, with plans and specifications submitted to the City of Anaheim by Planning Services the petitioner and which plans are on file with the Planning Division Department, and as conditioned herein. -9-PC2015-*** ATTACHMENT NO. 2 ATTACHMENT NO. 3 10'-4" City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net