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PC 2015/06/29 City of Anaheim Planning Commission Agenda Monday, June 29, 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 • Appreciation Plaque Presented To Peter Agarwal • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, July 2, 2015, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 06/29/15 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 06/29/15 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 4114A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00118 (DEV2015-00036) Location: 106 South Western Avenue Request: To amend conditions of approval to permit the re-opening of a previously approved liquor store (currently closed) within a commercial shopping center, and an associated Determination of Public Convenience or Necessity to allow a new license for the off-premises sales and consumption of alcoholic beverages for the liquor store. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities). Categorical Exemption. Resolution No. ______ Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2014-05795 (DEV2015-00039) Location: 4225 East La Palma Avenue Request: To permit a 60-foot high, ground-mounted Wireless Communications Facility, designed as a palm tree, at an existing industrial property. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 11 (Accessory Structures) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net 06/29/15 Page 4 of 5 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2015-05797 (DEV2015-00042) Location: 1807 West Katella Avenue Request: To permit retail and wholesale automotive sales agency offices within an existing commercial building. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net Adjourn to Monday, July 13, 2015 at 5:00 p.m. 06/29/15 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 3:00 p.m. June 24, 2015 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 29, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 4114A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00118 LOCATION: 106 South Western Avenue (Sunshine Liquor Market) APPLICANT/PROPERTY OWNER: The applicant is Mote Malhas and the property owner is Anaheim West Plaza Partners, LLC. REQUEST: The applicant requests an amendment to a conditional use permit and a Determination of Public Convenience or Necessity to permit the sales of alcoholic beverages for off-site consumption in order to re-open a previously-approved liquor store. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 4114A and Public Convenience or Necessity No. 2015-00118. BACKGROUND: This 1.2-acre property is developed with an 80,513 square foot commercial retail center. The property is in the C-G (General Commercial) zone and the General Plan designates this property for Low-Medium Density Residential land uses. The property is surrounded by townhomes and a restaurant to the north across Lincoln Avenue, apartments to the east across Topanga Drive, apartments to the south and retail uses and apartments to the west across Western Avenue. Conditional Use Permit No. 4114 was approved by the Planning Commission in 1999 to establish land use conformity for a legal nonconforming liquor store and commercial retail center, and to permit a public dance hall. A liquor store operated at this location from 1989 until it closed in 2010. The tenant space was used as a martial arts studio after the liquor store closed and is currently vacant. PROPOSAL: The applicant proposes to re-open a previously-approved liquor store. No exterior changes to the tenant space are proposed. The liquor store would operate with a Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) license and would sell alcoholic beverages, food items, sundries, tobacco products and lottery tickets. The hours of operation would be from 7:00 a.m. to 11:00 p.m., Sunday through Thursday, and from 7:00 a.m. to 12:00 a.m. on Fridays and Saturdays. CONDITIONAL USE PERMIT NO. 4114A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00118 June 29, 2015 Page 2 of 3 FINDINGS AND ANALYSIS: Before the Planning Commission may approve an amendment to any 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 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. Liquor stores with off-premise sales of alcoholic beverages require approval of a conditional use permit in this zone in order to determine compatibility with surrounding land uses. The proposed liquor store is permitted under the previously-approved conditional use permit. However, an amendment to the conditional use permit is requested to modify exhibits to reflect the proposed floor plan and to update conditions of approval to meet the current recommendations of staff relating to security and operations. Staff believes that the proposed liquor store would not adversely affect the surrounding land uses or the growth and development of the area if the business is operated in a responsible manner and in compliance with the recommended conditions of approval. These conditions include: prohibiting any exterior advertising of alcoholic beverages; requiring ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees; limiting the hours of operation to 11:00 p.m. on weeknights and midnight on weekends; and prohibiting the sales of single portions of beer and malt beverages. Determination of Public Convenience or Necessity: State law limits the issuance of alcoholic beverage licenses when a license is requested for a property located in a police reporting district with a crime rate above the City average, or when there is an over-concentration in the number of ABC licenses within a census tract. However, the law also states that such restrictions can be waived if the local jurisdiction makes a determination that the proposed outlet would serve "public convenience or necessity." CONDITIONAL USE PERMIT NO. 4114A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00118 June 29, 2015 Page 3 of 3 This property is located within Census Tract No. 869.02, which has a population of 5,614. Three off-sale licenses are permitted based on this population, and currently there are two licenses in the tract. One license for the now-closed Fresh & Easy Market on the subject property is currently not in use. The other license is for a 7-11 retail store located at the southwest corner of Beach Boulevard and Lincoln Avenue. The property is within Police Reporting District No. 1715, which has a crime rate that is 225% above the citywide average. There have been no calls for service to this location in the past year. The applicant proposes to transfer a Type 21 ABC license from a recently closed liquor store in Buena Park to this location. According to the applicant, Sunshine Liquor Market operated in Buena Park for eighteen years in compliance with all regulations pertaining to the sales of alcoholic beverages. ABC has confirmed that the applicant has not had any citations and has a current license that is eligible for transfer to the proposed location. Staff conducted an inspection of the commercial center and found it to be well maintained, including on-site landscaping, parking lot lighting and striping. There are no outstanding Code violations associated with this property. Staff believes the proposed liquor store would be compatible with other commercial uses in the center and would provide a convenience to nearby residential neighborhoods. CONCLUSION: The proposed sale of alcoholic beverages for off-premise consumption is a compatible use with the retail center and the surrounding area. The recommended conditions of approval would ensure that the sale of alcoholic beverages would not have an adverse impact on the surrounding land uses. Staff recommends approval of this request. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Draft Public Convenience or Necessity Resolution 3. Previous Conditional Use Permit Resolution 4. Letter of Request 5. Police Memorandum 6. Photographs 7. Site Plan 8. Floor Plan 9. Justification for Determination of Public Convenience or Necessity C-GRETAIL C-GRETAIL RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-GRESTAURANT RM-2SFR RM-2TOWNHOMES28 DU TCENTRALIAELEMENTARY SCHOOL R M - 4 C A M B R I D G E T E R R A C E A P A R T M E N T S 6 0 D U RM-4ATHENIANAPARTMENTS31 DU RM-3CONDOS C-GAUTO REPAIR/SERVICE C-GRESTAURANT C-GCAR WASH R M - 4 W E S T M O N T A P T S RM-44PLEXRM-4APTS12 DU RM-4APTS12 DU R M - 4 4 P L E X RM-4FOURPLEXRM-4FOURPLEX RM-4WESTERN TERRACEAPARTMENTS24 DU C-GTERRA VIDAAPARTMENTS18 DU RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERM-4GLENWOODAPARTMENTS78 DU C-GRETAIL C-GRETAIL T R E T A I L RM-2DUPLEX RM-2DUPLEX RM-3TRIPLEX TSINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RM-4APARTMENTS20 DU RM-4VILLA ARMSAPARTMENTS 40 DU RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE W LINCOLN AVE S W E S T E R N A V E N W E S T E R N A V E W LINCOLN AVE W POLK AVE W DEL MONTE DR S T O P A N G A D R S H A R D I N G A V E W CABOT DR S L O M A L I N D A D R W. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S . D A L E A V E S . K N O T T A V E . K N O T T A V E W. LINCOLN AVE 106 South Western Avenue DEV No. 2015-00036 Subject Property APN: 135-281-19 °0 50 100 Feet Aerial Photo:May 2014 W LINCOLN AVE S W E S T E R N A V E N W E S T E R N A V E W LINCOLN AVE W POLK AVE W DEL MONTE DR S T O P A N G A D R S H A R D I N G A V E W CABOT DR S L O M A L I N D A D R W. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S . D A L E A V E S . K N O T T A V E . K N O T T A V E W. LINCOLN AVE 106 South Western Avenue DEV No. 2015-00036 Subject Property APN: 135-281-19 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4114 TO PERMIT A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00036) (106 SOUTH WESTERN AVENUE) WHEREAS, on June 7, 1999, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim ("Planning Commission"), by Resolution No. PC 99-101, (1) approved Conditional Use Permit No. 4114 (herein referred to as the "Original CUP") to establish land use conformity with the then existing Zoning Code land use requirements for an existing commercial retail center and liquor store and to permit a public dance hall on premises located at 106 South Western Avenue, County of Orange, State of California (the "Property"). The Property is located within a commercial center commonly known as 106-112 South Western Avenue and 3150-3174 West Lincoln Avenue. The Property is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference. The conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to amend the Original CUP to permit the sale of beer, wine and distilled spirits with a Type 21 (Off Sale General) license issued by the Department of Alcoholic Beverage Control (herein referred to as "ABC") for off-premises consumption on a portion of the Property in conjunction within a proposed liquor store (herein referred to as the "Proposed Project"), pursuant to Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code (“Code”). Said amendment is designated as Conditional Use Permit No. 4114A; and WHEREAS, Conditional Use Permit No. 4114A is proposed in conjunction with a determination of Public Convenience and Necessity No. 2015-00118 related to the sale of alcoholic beverages for off-premises consumption from that portion of the Property to be used and operated as a liquor store; and WHEREAS, the Property, consisting of approximately 1.2 acres, is developed with an 80,513 square foot retail commercial center. The Anaheim General Plan designates the Property for Low-Medium Density Residential land uses. The Property is located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 29, 2015 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 4114A, and to investigate and make findings and recommendations in connection therewith; and - 2 - PC2015-*** WHEREAS, pursuant to and in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), 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"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the State CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 4114A , does find and determine the following facts: 1. The request to permit the sale of beer, wine and distilled spirits for off-premises consumption in conjunction with a liquor store in an existing commercial retail center in the Commercial Zone is an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C-G" General Commercial Zone. 2. The request to permit the sale of beer, wine and distilled spirits for off- premises consumption in conjunction with a liquor store would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is currently developed with a commercial retail center and the proposed use of a portion of the Property as a liquor store is compatible with the existing uses within the commercial center and uses in the surrounding area; and 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail center and there is no proposed expansion of the Property; and 4. The traffic generated by permitting the sale of beer, wine and distilled spirits for off-premises consumption in conjunction with a liquor store would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the Property are consistent with the existing commercial use of the Property and the permitted businesses within the commercial center; and - 3 - PC2015-*** 5. The granting of Conditional Use Permit No. 4114A under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 4114A is hereby approved, thereby amending the Original CUP for the Property to permit the sale of beer, wine and distilled spirits for off-premises consumption in conjunction with a liquor store within that a portion of the Property described in the application. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP and this Conditional Use Permit No. 4114A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 4114A. 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. 4114A in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 4 - PC2015-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 29, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 29, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of June, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 4114A (DEV2015-00036) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT LIQUOR STORE CONDITIONS OF APPROVAL 1. Prior to operation of the liquor store, the managers and/or owners of the liquor store located at the subject Property shall coordinate with the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The contact number is 714-558- 4101. Police Department 2. The activities occurring in conjunction with the operation of the liquor store shall not cause noise disturbances to surrounding properties. Police Department 3. Sale of beer, wine, and/or distilled spirits from the liquor store shall be made to customers only when the customers are inside the building. Police Department 4. All activities related to the use and operation of the liquor store shall occur indoors, except as may be permitted by an authorized Special Event Permit. Planning Department, Code Enforcement Division 5. There shall be no exterior advertising or sign of any kind or type associated with the premises in which the liquor store will operate, including advertising directed to the exterior from within, promoting or indicating the availability of beer, wine, and/or distilled spirits. Interior displays within the liquor store of beer, wine, and/or distilled spirits or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 6. The liquor store shall be operated in accordance with the Letter of Operation submitted as part of the application for Conditional Use Permit No. 4114A, including limiting the hours of operation to 7:00 a.m. to 11:00 p.m., Monday through Thursday, and 7:00 a.m. to 12:00 a.m. Friday and Saturday. Any changes to the business operation described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. Planning Department, Planning Services Division 7. Security measures for the liquor store shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly Police Department - 7 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Any security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. 8. No display of beer, wine, and/or distilled spirits shall be located outside of that portion of the building in which the liquor store is located or within five (5) feet of any public entrance to said building. Police Department 9. The possession of beer, wine, and/or distilled spirits in open containers and the consumption of beer, wine, and/or distilled spirits are prohibited on or around the Property. Police Department 10. There shall be no amusement machines, video game devices, or pool tables maintained at, in or upon the premises of the Property operated as a liquor store at any time, unless all required permits are first obtained from the City. Police Department 11. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. No beer or malt beverages shall be sold in quantities less than six per sale. Police Department 12. Loitering is prohibited on or around the premises of the Property operated as a liquor store under the control of the business owner. Security guards shall routinely police the area under their control in an effort to prevent the loitering of persons around the exterior of the building located on the Property. Police Department 13. Windows of the liquor store shall not be covered by advertising to the extent that the interior is not clearly visible from the outside to enable officers responding to potential emergency situations to observe any activity which may be occurring inside. At no time shall window signs exceed 10% of the window area in compliance with the Zoning Code. Police Department 14. The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. Police Department - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PUBLIC DANCE HALL CONDITIONS OF APPROVAL 15. That the rear door located on the east wall of the public dance hall shall remain closed during hours of operation. Planning Department, Planning Services Division 16. That no alcoholic beverages shall be sold or consumed on the premises of the public dance hall. Planning Department, Planning Services Division 17. That a maximum of 50 patrons shall be permitted on the premises at any time for the public dance hall. Planning Department, Planning Services Division 18. That no live bands shall be allowed to perform in conjunction with the public dance hall. Planning Department, Planning Services Division 19. That security guards shall be provided during all public dance hall hours and to the satisfaction of the Anaheim Police Department. Police Department COMMERCIAL RETAIL CENTER CONDITIONS OF APPROVAL 20. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning Department, Planning Services Division 21. The owner of the commercial center shall be responsible for maintaining the commercial center in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the buildings making up the subject Property shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 22. Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police Department 23. No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division - 9 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS OF APPROVAL 24. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 25. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 26. The subject Property shall be developed, used and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division [DRAFT] ATTACHMENT NO. 2 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00118 TO PERMIT A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00036) (106 SOUTH WESTERN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for a determination of Public Convenience or Necessity No. 2015-00118 to permit the sale of beer, wine and distilled spirits with a Type 21 (Off Sale General) license issued by the Department of Alcoholic Beverage Control (herein referred to as "ABC") for off-premises consumption from a proposed liquor store (herein referred to as the "Proposed Project") to be located at 106 South Western Avenue in the City of Anaheim, County of Orange, State of California (the "Premises"). The Premises is located within a retail commercial center commonly known as 106-112 South Western Avenue and 3150-3174 West Lincoln Avenue (the "Property"). The Property is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 1.2 acres, is developed with an 80,513 square foot retail commercial center. The Anaheim General Plan designates the Property for Low-Medium Density Residential land uses. The Property is located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial 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 June 29, 2015 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Public Convenience or Necessity No. 2015-00118, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, proposed Public Convenience or Necessity No. 2015-00118 is proposed in conjunction with proposed Conditional Use Permit No. 4114A related to the proposed amendment of Conditional Use Permit No. 4114 to permit the sale of alcoholic beverages for off-premises consumption from the Premises; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of and in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), 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"), and the City's Local CEQA Procedure Manual, this Planning Commission found and determined that the sale of alcoholic beverages for off-premises consumption from the Premises will not cause a significant effect on the environment and is categorically exempt from the provisions of CEQA; and - 2 - 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 a determination of Public Convenience or Necessity No. 2015-00118, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "Public Convenience or Necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by the issuance of a license. For purposes of Section 23958, "undue concentration" means the case in which the premises are located in an area where any of the following conditions exist: (a) The Premises are located in a crime reporting district that has a 20% greater number of "reported crimes" (as defined in Section 23958.4) than the average number of reported crimes as determined from all crime reporting districts within the City of Anaheim. (b) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the Premises are located exceeds the ratio of on-sale retail licenses to population in the county. (c) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the Premises are located exceeds the ratio of off-sale retail licenses to population in the county. 3. Notwithstanding the existence of the above-referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations; and, when the sale of alcoholic beverages for off-premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. - 3 - PC2015-*** 5. The Premises is located within Census Tract No. 869.02 with a population of 5,614 that allows for three (3) off-sale ABC licenses. There are presently two (2) off-sale ABC licenses in the tract. The Premises is located in Police Reporting District No. 1715, which has a crime rate that is 225% above the City-wide average; however, the Police Department evaluates these requests based on the crime rate within a one-quarter mile radius of the premises for the subject site. The crime rate within ¼ mile of this Property is 144% above the City-wide average based upon calls for service. Since the crime rate is above the City-wide average, a determination of "public convenience or necessity" is required to be made for this request. 6. A determination of "public convenience or necessity" can be made based on the finding that the requested license, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and that the sales of wine, beer and distilled spirits at this location would be a commodity provided to the community. 7. The sale of beer, wine and distilled spirits would serve as an added convenience to residents and visitors to the area who choose to shop at this establishment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of beer, wine and distilled spirits for off-premises consumption at the Premises and, accordingly, hereby approves Public Convenience or Necessity No. 2015-00118, subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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. - 4 - PC2015-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 29, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 29, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of June, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00118 (DEV2015-00036) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 2 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 3 The property shall be developed substantially in accordance with plans and specifications submitted to and reviewed by the City of Anaheim and which plans are on file with the Planning Department and as conditioned herein. Planning Department, Planning Services Division ATTACHMENT NO. 3 Letter of Operation Description of Operation The Liquor Store located at Anaheim West Plaza 106 South Western, Anaheim, CA 92801 will consist of two employees, and provide its customers with a broad array of • Alcoholic beverages (beer, wine, liquor) • Tobacco products (cigars, cigarettes, chewing tobacco) • Soft drinks (Soda, water, and brewed coffee, juices, energy drinks) • Lottery Tickets • Dry and Canned Goods (soup, pickles, relish, mustard and mayonnaise) • Sweets and Snacks (candy, nuts and chips, ice cream) • Toiletries and Other Personal Essentials (Shampoo, soap, toothbrush, toothpaste, etc.) Hours of Operation Sunday-Thursday: 7:00 a.m. – 11:00 p.m. Friday-Saturday: 7:00 a.m. – 12:00 a.m. ATTACHMENT NO. 4 City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: Amy Vazquez/Planning Department Case No.: DEV 2015-00036/CUP2015-05792 Liquor Store 106 S. Western Ave. Date: May 12, 2015 From: Lieutenant Tracy Hittesdorf Anaheim Police Department Vice, Narcotics and Criminal Intelligence Bureau Commander Contact: Name: S.P.S.R. Michele Irwin Phone: 714-765-1461 Email: mmirwin@anaheim.net The Police Department has reviewed the above case. Please see the following comments and conditions for more information: COMMENTS: The Police Department has received an I.D.C. Route Sheet for DEV 2015-00036. The applicant is requesting to permit a liquor store within a commercial retail center. The location is in Census Tract Number 869.02 which has a population of 5,614. This population allows for 6 on sale Alcoholic Beverage Control licenses and there is presently 1 license in the tract. It also allows for 3 off sale licenses and there are presently 2 licenses in the tract. This location is within Reporting District 1715 which is 225% above the city average in crime. There have been no calls for service to this location in the last year. The ¼ mile radius surrounding this location is 144% above the city average in crime. The calls for service primarily consisted of: 23 simple assaults, 20 drug abuse violations, 19 vandalisms and 14 drunk in public. RECOMMENDED CONDITIONS OF APPROVAL: There have been transient/homeless disturbances to the current businesses in the strip mall. The PD has included conditions the applicant will need to follow to help prevent crime in and around his business. The Police Department requests the following conditions be placed on the Conditional Use Permit: ATTACHMENT NO. 5 No. Timing Condition Responsible Department 1. No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 2. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3. The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 4. Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 5. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6. Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 7. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 8. There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. Police Department 9. The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. Police Department 10. Loitering is prohibited on or around the premises or the area under the control of the licensee(s). Police Department 11. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. Police Department 12. Managers / Owners need to contact the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. Police Department 13. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Police Department 14. Security measures shall be provided to the satisfaction of the Anaheim Police Department. Police Department 15. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. Police Department 16. Wine shall not be sold in bottles or containers smaller than 750 ml. and wine-coolers, beer coolers, or pre-mixed distilled spirit cocktails (if allowed by the license) must be sold in manufacturer pre-packaged multi-unit quantities. Police Department Concur: Office of Chief of Police f:\home\mmirwin\CUP\2015-00036 DEV 3174 W Lincoln #106.doc ATTACHMENT NO. 6 ATTACHMENT NO. 7 AT T A C H M E N T NO . 8 Justification for Public Convenience or Necessity The Liquor Store will provide its customers with a broad array of wines, liquor and beers for sale to the general public. In addition, the business will also offer lottery tickets and small packaged goods. The sale of alcohol is an essential part of the primary purpose of the business. Mr. Malhas anticipates fifty percent of sales will result from alcohol sales. Mr. Malhas is seeking to transfer his existing 21-Off-Sale General License from ABC. At all times, the Liquor Store will comply with all applicable state and federal laws regarding the sale of alcohol to the general public. Currently there are neither alcohol outlets nor similar businesses within the Anaheim West Plaza shopping center that already provide alcohol services. The business does not cater to a specific need, nor propose specific operational measures. There is a residential neighborhood adjacent to the property. Permitting an additional liquor license will not impact the adjacent residents, nor harm the health and safety of the citizens of the City of Anaheim due to regulatory measures in reducing alcohol-related harms. Mr. Malhas has never been cited during his eighteen years as a liquor store business owner. He is a highly responsible businessperson that has years of experience regarding the direct ownership and management of a Liquor Store business. He will be able to effectively bring the operations of the Liquor Store to profitability while ensuring that the public’s health is protected in complying with all applicable state and federal laws regarding the sale of alcohol. ATTACHMENT NO. 9 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 29, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05795 LOCATION: 4225 East La Palma Avenue APPLICANT/PROPERTY OWNER: The agent is Josh Green representing the applicant, Verizon Wireless. The property owner is Larry Haupert. REQUEST: The applicant is requesting approval of a conditional use permit to allow a 60-foot high, ground-mounted wireless communications antenna designed as a palm tree. 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. 2015-05795. BACKGROUND: This 3.9-acre site is developed with an industrial building and is located in the Northeast Area Specific Plan, Development Area 2 - Expanded Industrial Area (SP94-1, DA2) and in the Scenic Corridor (SC) Overlay zone. The General Plan designates the site for Industrial land uses. Surrounding land uses include industrial and medical office uses to the west, industrial uses to the north in the City of Placentia, industrial uses to the east, and industrial and office uses to the south across La Palma Avenue. PROPOSAL: The applicant proposes to construct a 60-foot high, ground-mounted wireless communications antenna designed to look like a palm tree. The antenna would be located at the rear of the property behind an industrial building. Three live palm trees, a minimum of 20 feet in height, would be planted next to the antenna. The antenna and associated equipment would be located within an eight-foot block wall enclosure. The unmanned facility would operate 24 hours a day, seven days a week. Routine maintenance would occur every four to six weeks. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2015-05795 June 29, 2015 Page 2 of 3 FINDINGS AND 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 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. A ground-mounted wireless telecommunications facility requires a conditional use permit in this zone. The purpose of the conditional use permit is to ensure compatibility with surrounding uses and ensure the project site is adequate to accommodate the use in a safe manner. The antenna would be located in an underutilized portion of the property currently used for incidental storage. The property has more parking than required by the Zoning Code. The proposed antenna design is intended to minimize aesthetic impacts on the surrounding community by blending into the environment. The proposed height of 60 feet is in conformance with the maximum structural height allowed in this zone. The antenna would have three live palm trees planted in close proximity. The palm trees would have a minimum brown trunk height of 20 feet at the time of planting, in conformance with the Code. Staff believes the antenna would have minimal visual impacts on the surrounding area because it would be located at the rear of the property behind an industrial building, approximately 490 feet from La Palma Avenue and more than 200 feet from Fee Ana Street. The applicant has submitted a site justification study which indicates that the height proposed for this facility is necessary to eliminate coverage gaps and enhance voice and data services in this area of the City. The benefits of this improved service would be better voice and reception quality, higher security and privacy for users and enhanced communications for emergency services. As required by the Zoning Code, the study also provides alternative locations and designs. The alternative sites were eliminated because they did not have the necessary ground space for the facility or the property owners were not interested in leasing the space for the facility. The proposed antenna would have a lesser impact on the aesthetics of the area as compared to other alternative locations since it would be located at the rear of the property where it would have limited visibility to the public right-of-way. CONDITIONAL USE PERMIT NO. 2015-05795 June 29, 2015 Page 3 of 3 CONCLUSION: Staff believes that the conditions exist for Planning Commission to make the required findings to approve this request. The proposed telecommunications facility would be compatible with surrounding land uses and would help support the local community by improving telecommunication service in the area. The facility is designed in a manner that minimizes visual impacts on surrounding land uses. Staff recommends approval of the conditional use permit. Prepared by, Submitted by, Amy Vazquez Ted White Associate Planner, Lilley Planning Group Principal Planner Attachments: 1. Draft Conditional Use Permit Resolution 2. Applicant’s Letter of Request and CUP Justification 3. Photographs 4. Photo Simulations 5. Plans SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA5MEDICALOFFICE SP 94-1 (SC)DA5INDUSTRIAL SP 94-1 (SC)DA2RETAIL SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2TRICO - LA PALMABUSINESS PARK SP 94-1 (SC)DA2RELIGIOUS USE SP 94-1 (SC)DA2BUSINESS PARK SP 94-1 (SC)DA2BUSINESS PARK SP 94-1 (SC)DA2BUSINESS PARK SP 94-1 (SC)DA2LA PALMABUSINESSCENTER SP 94-1 (SC)DA5RESTAURANT SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA5INDUSTRIAL SP 94-1 (SC) DA6 O.C.F.C.D. SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2INDUSTRIALSP 94-1 (SC)DA5OFFICES F E E A N A S T N R I C H F I E L D R D N F E E A N A S T E LA PALMA AVE E MIRALOMA AVE E. LA PALMA AVE E.MIRALOMA AVE N . L A K E V I E W AVE N . T U S TINAVE E . R I V E R D A L E A V E N .K E L L O G G D RE. ORANGETHORPE AVE 4225 East La Palma Avenue DEV No. 2015-00039 Subject Property APN: 346-051-04 °0 50 100 Feet Aerial Photo:May 2014 F E E A N A S T N R I C H F I E L D R D N F E E A N A S T E LA PALMA AVE E MIRALOMA AVE E. LA PALMA AVE E.MIRALOMA AVE N . L A K E V I E W AVE N . T U S TINAVE E . R I V E R D A L E A V E N .K E L L O G G D RE. ORANGETHORPE AVE 4225 East La Palma Avenue DEV No. 2015-00039 Subject Property APN: 346-051-04 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05795 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00039) (4225 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for Conditional Use Permit No. 2015- 05795 to permit a 60-foot high, ground-mounted Wireless Communications Facility designed as a palm tree at an industrial property (herein referred to as the "Proposed Project") located at 4225 East La Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 3.9 acres, is developed with an industrial building. The Anaheim General Plan designates the property for Industrial land uses. The Property is located in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of the Anaheim Municipal Code (the "Code"). The underlying base zone for the Property is the "I" (Industrial) Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code apply to the Property and supersede any inconsistent regulations of the "I" (Industrial) Zone. The Proposed Project is not inconsistent with any regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code. As such, the Property and the Proposed Project are subject to the zoning and development standards described in Chapter 18.120 (Northeast Area Specific Plan 94-1 (SP 94-1) Zoning and Development Standards) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 29, 2015 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against said proposed Conditional Use Permit No. 2015-05795, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), 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"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2015-*** WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 11 – Accessory Structures) 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 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and 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. 2015-05795, does find and determine the following facts: 1. The request to permit a 60-foot high ground-mounted Wireless Communications Facility designed as a palm tree in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area is an allowable use under paragraph .0512 of Subsection .050 of Section 18.120.070 (Land Use and Development Standards – Expanded Industrial Area (Development Area 2)) subject to a conditional use permit and the placement, design and screening criteria set forth in paragraph .0511 of Subsection .050 (Design Standards) of Section 18.38.060 (Antennas – Telecommunications) of the Code. 2. The request to permit a 60-foot high ground-mounted Wireless Communications Facility designed as a palm tree will not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Proposed Project will be located in an area of the Property containing other trees that are similar in height; and 3. The size and shape of the site for the proposed 60-foot high Wireless Communications Facility designed as a palm tree is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the telecommunications facility without creating detrimental effects on adjacent properties. 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because no traffic will be generated by this unmanned telecommunications facility; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project will be compatible with surrounding land uses. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 3 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05795, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 29, 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 June 29, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of June, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05795 (DEV2015-00039) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. Planning Department, Code Enforcement Division 2 The ground-mounted Wireless Communications Facility designed as a palm tree shall not exceed 60 feet in height. Planning Department, Planning Services Division 3 The equipment enclosure shall be painted to match the existing industrial building. Planning Department, Planning Services Division 4 Clinging vines shall be planted and maintained on the equipment enclosure. Planning Department, Planning Services Division 5 No signage, flags, banners or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building. Planning Department, Code Enforcement Division 6 The Wireless Communications Facility equipment operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. The Wireless Communications Facility equipment operator shall resolve all interference complaints within twenty-four (24) hours. Police Department GENERAL 7 The Wireless Communications Facility shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Director of the Planning Department and/or his or her designee. Planning Department, Planning Services Division - 7 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 9 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division     PROJECT SUPPORT STATEMENT VERIZON WIRELESS SITE NAME: ALDERDALE LOCATION: 4225 E. La Palma Ave. Anaheim, CA 92807 APN: 346-051-04 Introduction Verizon Wireless is seeking to improve communications service to residences, businesses and travelers in Anaheim Verizon maintains a strong customer base in Anaheim and strives to improve coverage for both existing and potential customers. Verizon Wireless is currently experiencing a significant coverage gap in the neighborhoods in and around E. La Palma Ave and Richfield Rd. This project will expand Verizon’s existing network in an effort to improve call quality, signal strength, and wireless connection services. The increase in wireless signal strength will benefit residents, local businesses, and public safety communications systems in the City. Location Verizon Wireless proposes a new unmanned telecommunications facility installed behind an existing tower structure on the roof of a shopping center. The project will be located at 4225 E La Palma Ave Anaheim, CA 92807. The property is located in the Industrial (I) zone. The 3.9 acre property is currently used as Industrial/Light Manufacturing. The surrounding area consists of similarly zoned properties. Proposed Facility The proposed facility consists of five (5) Verizon Wireless equipment cabinets, twelve (12) Verizon Wireless panel antennas, twelve (12) RRUs, four (4) new raycaps, two (2) hybrid fiber cables installed (3) GPS antenna (1) standby generator on a new concrete pad, (1) H-frame with utility cabinets all within a new CMU enclosure and double corrugated steel gate in a 19’-0 x 30’-0 lease area at an unmanned telecommunication facility. The unmanned facility will provide enhanced wireless network coverage 24 hours a day, 7 days a week. ATTACHMENT NO. 2 Project Support Statement – Verizon Wireless “Alderdale”    [2]    Aerial Map The depicted map is an aerial view of the proposed site. This project has been carefully designed to comply with all the applicable standards set forth in the City of Anaheim Municipal Code. Specific focus was given to Section 18.38.060 (Antennas – Telecommunications). Project Support Statement – Verizon Wireless “Alderdale”    [3]    Justification for Conditional Use Permit: (A-D) A. The proposed use will benefit businesses and the public in the immediate area because the facility will provide enhanced wireless coverage and serve to strengthen the existing Verizon Wireless network in Anaheim B. The new pole will be structurally sufficient to accommodate future co-location. The facility is an unmanned facility that is designed to blend with the immediate surroundings and will enhance health and safety by providing a utility service to the immediate area. C. The proposed facility is an unmanned facility and will not impact regular traffic patterns. D. The facility will serve the citizens of Anaheim by providing a utility service in the form of enhanced wireless communication. The facility will enhance the safety of the citizens of Anaheim because it will benefit wireless communication for first responders, members of the public, and businesses in Anaheim that use the Verizon Wireless network. Project Support Statement – Verizon Wireless “Alderdale”    [4]    Coverage Maps Below is a visual depiction of the coverage to be provided by the proposed facility. The first map represents Verizon's existing coverage conditions in the area. The second map represents Verizon's coverage conditions given approval of the proposed facility. The green areas on the map represent in building (best) service. The yellow areas represent good in-vehicle service, and the red areas represent areas that do not receive service. BEFORE Project Support Statement – Verizon Wireless “Alderdale”    [5]    AFTER Project Support Statement – Verizon Wireless “Alderdale”    [6]    Alternative Sites Analysis The location of a wireless telecommunications facility is dependent upon several factors. These factors include topography, a connection to utilities such as power and telephone, access, space for construction, conformance with local zoning regulations, and a willing landlord. All of these factors must be taken into consideration during the site selection and design process. Here, the proposed design and location is the least intrusive means available to satisfy the needs of the Verizon Wireless network. Topography is a critical component because wireless facilities utilize line of sight technology, which means that the antennas must be able to “see” the facilities in the existing network in order for the wireless devices to be served. The antennas must be installed at a sufficient height above ground level in order to function properly. Natural features such as hills, rocks, or mountains can block signal transmission. Similarly, man-made structures such as buildings can restrict proper network performance if located within the requisite “line of sight.” Each wireless carrier has unique network objectives for each location. Factors which govern the network objective include, but are not limited to, RF signal strength, topography, and the physical proximity to existing facilities in the network. Please see propagation model (attached).The model depicts specifically how the proposed facility will connect with the existing facilities in the immediate area. The facility will provide coverage to the immediate area and will offload capacity from the existing sites in the area. “Capacity offload,” means that the installation of the new facility will offload traffic from the currently exhausted sites in the immediate area. To that end, the installation is critical to the performance of the Verizon Wireless network. Verizon Wireless performed a thorough site selection analysis to assess the feasibility of installations to minimize land use impacts to the greatest feasible extent. The following sites were initially profiled by Verizon Wireless. These potential locations were found to be either more intrusive than the proposed location, not feasible for construction, or unable to meet the performance demands of the wireless network based on the specifications provided by Verizon Wireless radio frequency engineering professionals. The proposed design is the least intrusive means to meet the performance demands of the Verizon Wireless network. 4125 E. La Palma Avenue Zoning – Industrial Specific Plan Designation – 94-1 Northeast Industrial Area The property is currently used as corporate office building. A rooftop installation at this location would not achieve the desired coverage objective due to the height of the building. Verizon Wireless explored the potential for installing a freestanding structure, but the physical constraints of the property and the use of the property rendered a freestanding monopole design infeasible at this location. Project Support Statement – Verizon Wireless “Alderdale”    [7]    1136 Richfield Road, Placentia Zoning – Industrial, City of Placentia The property is currently used as an industrial warehouse. The use of the property presented several design challenges for a freestanding monopole due to lack of sufficient ground space. There were no existing buildings on the property of sufficient height or structural capacity to explore rooftop design options. 1135 Fee Ana Street, Placentia Zoning – Industrial, City of Placentia A rooftop installation was not feasible at this location due to the height of the building. The use of the property effectively rendered a freestanding structure infeasible, due to lack of sufficient ground space. Furthermore, the property owner and Verizon Wireless could not reach mutually agreeable lease terms. 4245 E La Palma Ave Zoning – Industrial Specific Plan Designation – 94-1 Northeast Industrial Area A rooftop installation was not feasible at this location due to the height of the building and the fact that there was not sufficient rooftop space to locate Verizon Wireless antennas and equipment. Furthermore, the property owner and Verizon Wireless could not reach mutually agreeable lease terms for the purpose of securing a property interest. Future Collocation Potential Verizon Wireless is proposing the project for specific and immediate use as a fully functioning wireless communications facility. The project has been designed to allow for future collocation. Future candidates for collocation are welcome to make proposals. In the meantime, Verizon Wireless will be operating its equipment for the benefit of its customers. Safety Benefits of Improved Wireless Service Verizon Wireless offers its customers multiple services such as voice calls, text messaging, mobile email, picture/video messaging, mobile web, navigation, broadband access, V CAST, and E911 services. Mobile phone use has become an extremely important tool for first responders and serves as a back-up system in the event of a natural disaster. Verizon Wireless will install a standby generator at this facility to ensure quality communication for the surrounding community in the event of a natural disaster or catastrophic event. This generator will be fully contained within the equipment shelter and will provide power to the facility in the event that local power systems are offline. Project Support Statement – Verizon Wireless “Alderdale”    [8]    Lighting Unless tower lighting is required by the FAA the only lighting on the facility will be a shielded motion sensor light by the door on the equipment shelter. Maintenance and Standby Generator Testing Verizon Wireless installs a standby generator and batteries at all of its cell sites. The generator and batteries serve a vital role in Verizon’s emergency and disaster preparedness plan. In the event of a power outage, Verizon Wireless communications equipment will first transition to the back-up batteries. The batteries can run the site for a few hours depending upon the demand placed upon the equipment. Should the power outage extend beyond the capacity of the batteries, the back-up generator will automatically start and continue to run the site for up to 24 hours. The standby generator will operate for approximately 15 minutes per week for maintenance purposes, during the daytime. Back-up batteries and generators allow Verizon Wireless’ communications sites to continue providing valuable communications services in the event of a power outage, natural disaster or other emergency. Construction Schedule The construction of the facility will be in compliance with all local rules and regulations. The typical duration is two months. The crew size will range from two to ten individuals. The construction phase of the project will last approximately two months and will not exceed acceptable noise levels. Operations Once the construction of the proposed wireless facility is complete and the telephone switching equipment is running, visitation to the site by a service technician for routine maintenance typically occurs on an average of once per month. The proposed site will be entirely self-monitored and connected directly to a central office where sophisticated computers alert personnel to any equipment malfunction. Because the wireless facility will be unmanned, there will be no regular hours of operation and no impacts to existing local traffic patterns. No water or sanitation services will be required. Verizon Wireless will comply with all FCC rules governing construction requirements, technical standards, interference protection, power and height limitations and radio frequency standards. In addition, VZW will comply with all FAA rules on site location and operation. Notice of Actions Affecting Development Permit In accordance with California Government Code Section 65945(a), Verizon Wireless requests notice of any proposal to adopt or amend the: general plan, specific plan, zoning ordinance, ordinance(s) affecting building or grading permits that would in any manner affect this development permit. Any such notice may be sent to 2009 V Street, Sacramento, CA 95818. ATTACHMENT NO. 3 ©2014 Google Maps 4225 East La Palma Avenue Anaheim CA 92807 Alderdale Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking south from Miraloma AvenueProposed View 1 proposed monopalm proposed live palms ATTACHMENT NO. 4 ©2014 Google Maps 4225 East La Palma Avenue Anaheim CA 92807 Alderdale Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking northwest from Fee Ana StreetProposed View 2 proposed monopalm proposed live palms ©2014 Google Maps 4225 East La Palma Avenue Anaheim CA 92807 Alderdale Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking northwest from La Palma AvenueProposed View 3 proposed monopalm ©2014 Google Maps 4225 East La Palma Avenue Anaheim CA 92807 Alderdale Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking east from Richfield RoadProposed View 4 proposed monopalm proposed live palms ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 29, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05797 LOCATION: 1807 West Katella Avenue APPLICANT/PROPERTY OWNER: The applicant is Cliff Ong and the property owner is Rany Tawfik. REQUEST: The applicant is requesting a conditional use permit to permit automotive wholesale and retail sales agency offices within an existing commercial building. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that this request is categorically exempt under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2015-05797. BACKGROUND: This 0.37-acre property is located in the General Commercial (C-G) zone and the General Plan designates the property for General Commercial land uses. The property is developed with a 4,990 square foot two-story, office building with 18 units. Surrounding uses include offices to the east and west, apartments to the north, and office uses to the south across Katella Avenue in the City of Garden Grove. PROPOSAL: The applicant proposes to establish two retail and 15 wholesale auto sales offices within an existing office building. The remaining unit would be leased for general office uses. The property would have 21 parking spaces available for customers and employees, and four automotive display spaces, providing two spaces each for the proposed retail sales agencies. These display spaces would be located in the covered parking area. The applicant has indicated that the hours of operation would be 8:00 a.m. to 5:00 p.m. and that excess inventory and storage of vehicles would be located at off-site locations such as auction facilities. The majority of the businesses would be operated by an individual dealer who would not have any employees. Automobiles would be sold to customers on an appointment basis only and through the internet. No new construction is proposed as part of this request. CONDITIONAL USE PERMIT NO. 2015-05797 June 29, 2015 Page 2 of 3 FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission grants 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 code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); 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. Automotive sales agency offices are permitted in this zone subject to approval of a conditional use permit to determine compatibility with surrounding land uses. The Zoning Code requires 20 parking spaces for the proposed vehicles sales offices and 21 parking spaces are provided, excluding the four vehicle display spaces. Staff believes the property is appropriate for the proposed grouping of automotive sales offices because the majority of the businesses would operate as wholesale dealerships with a single business operator, no employees, and limited customers on-site. The two retail auto sales businesses would have a maximum of four display vehicles. Staff does not anticipate that the proposed businesses, under the conditions imposed, would adversely affect the surrounding community. The proposed conditions include limiting the maximum number of automobiles displayed in the parking lot, prohibiting storage of automobiles on-site and prohibiting the display of vehicles on public streets or highways. CONDITIONAL USE PERMIT NO. 2015-05797 June 29, 2015 Page 3 of 3 Staff observed that the building is nearly vacant and in need of overall maintenance and repair, including repairs to the surface of the parking lot. The applicant is in the process of making necessary repairs and improvements to the building for future tenants. A condition of approval has been included in the draft resolution requiring that the parking lot areas be resurfaced and restriped. CONCLUSION: The proposed wholesale and retail auto sales offices would be compatible with the surrounding commercial and office land uses and would not be detrimental, under the conditions proposed, to the surrounding community. Therefore, staff recommends approval of this request. Prepared by, Submitted by, Vanessa Norwood Ted White Associate Planner Principal Planner Attachments: 1. Draft Resolution 2. Applicant’s Letters of Operation 3. Site and Floor Plans 4. Site Photographs RM-4APTS8 DU RM-4DOLPHIN APTS14 DU C-GMEDICAL OFFICE RM-4APTS8 DURM-4APTS7 DU C-GOFFICES RM-4APTS8 DU RM-4APTS7 DU RM-4APTS6 DU RM-4APTS7 DU RM-4THE VILLAGE APARTMENTS24 DU RM-4DEL REY APTS24 DU RM-4APTS14 DU RM-4APTS7 DU RM-4APTS6 DU RM-4HALLMARKAPTS14 DU RM-4APTS8 DU RM-4FOURPLEX C-GRETAILC-GVEHICULAR SALES C-GRETAIL RM-4APTS18 DU RM-4APTS18 DURM-4APTS14 DU W SUMAC LN S H U M O R D R W KATELLA AVE W. KATELLA AVE. S . E U C L I D S T W. CERRITOS AVE S . N I N T H S T S . W A L N U T S T S . G I L B E R T S T S . B R O O K H U R S T S T 1807 West Katella Avenue Vehicular SalesDEV No. 2015-00042 Subject Property APN: 128-552-20 °0 50 100 Feet Aerial Photo:May 2014 W SUMAC LN S H U M O R D R W KATELLA AVE W. KATELLA AVE. S . E U C L I D S T W. CERRITOS AVE S . N I N T H S T S . W A L N U T S T S . G I L B E R T S T S . B R O O K H U R S T S T 1807 West Katella Avenue Vehicular SalesDEV No. 2015-00042 Subject Property APN: 128-552-20 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05797 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00042) (1807 WEST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05797 to permit "Automotive - Sales Agency Offices" within an existing commercial building (referred to herein as the "Proposed Project") for certain real property at 1807 West Katella Avenue, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, consisting of approximately 0.37 acres is currently developed with a commercial building. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located in the "C-G" General Commercial Zone and is subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) and Section 18.38.065 (Automotive – Sales Agency Office) of the Zoning Code (the "Code"); WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 29, 2015, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2015-05797 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated 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 CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - 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. 2015-05797, does find and determine the following: 1. The request for a conditional use permit to permit an "Automotive-Sales Agency Office" within an existing commercial building is an allowable primary use in the "C-G" General Commercial Zone authorized by Subsection .010 of Section 18.08.030 (Uses) of the Code subject to a conditional use permit and the zoning and development standards of Section 18.38.065 (Automotive – Sales Agency Office) of the Code. 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 building and there are a sufficient number of parking spaces in the parking lot to accommodate the parking demand for all proposed uses. 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. 4. The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site would be less than the typical office uses that would be permitted as a matter of right within the “C-G” General Commercial Zone. 5. The granting of Conditional Use Permit No. 2015-05797 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05797, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2015-05797 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 3 - PC2015-*** BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 29, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 29, 2015 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of June, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-*** - 5 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05797 (DEV2015-00042) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO COMMENCEMENT OF ANY AUTOMOTIVE SALES BUSINESSES 1. The parking lot areas shall be resurfaced and restriped in accordance with the City’s “Minimum Off-Street Parking Standards – 90 Degree Parking Stalls”. A minimum of 21 parking spaces shall be provided on-site, excluding automotive display spaces. Planning Department, Code Enforcement Division OPERATIONAL CONDITIONS 2. A maximum of two (2) retail automotive sales office businesses, with a combined total of four (4) display spaces shall be permitted on-site. All other automotive sales offices shall be wholesale-type businesses only and shall have no automobile inventory displayed or stored on-site. Planning Department, Code Enforcement Division 3. The four (4) permitted automotive display spaces within the parking lot shall be clearly signed and delineated as automotive display spaces, as shown on approved Exhibit No. 1. Planning Department, Code Enforcement Division 4. Signs, banners, balloons or other advertising devices shall be prohibited to be displayed on any vehicles for sale, except for the minimum identification required by the California Department of Motor Vehicles. Planning Department, Code Enforcement Division 5. Automobiles in the possession or under the control of any person operating an Automotive – Sales Agency Office and offered for sale to a consumer shall not be stored, sold, or displayed upon any public street or highway. [See paragraph .0104 of Subsection .010 of Section 18.38.065 of the Anaheim Municipal Code.] Planning Department, Code Enforcement Division 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 7. Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. Police Department, Planning & Research Unit - 6 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8. On-going during project operations, any vehicle deliveries, including loading and unloading, shall be performed on-site. Delivery vehicles shall not block any part of the public right-of-way. Public Works, Traffic Engineering Division GENERAL CONDITIONS OF APPROVAL 9. All leases and subleases relating to all or any part of the subject Property shall expressly reference and be subject to all of the operational conditions of Conditional Use Permit No. 2015-05797. Planning Department, Code Enforcement Division 10. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 11. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 12. The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division ATTACHMENT NO. 2 ATTACHMENT NO. 3 ㈀　 ㈀　 ㈀　 㐀Ⰰ㤀㤀　 㐀Ⰰ㤀㤀　 ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.