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PC 2015/07/27 City of Anaheim Planning Commission Agenda Monday, July 27, 2015 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Michelle Lieberman • Chairman Pro-Tempore: Mitchell Caldwell • Commissioners: Paul Bostwick, Bill Dalati, Grant Henninger, Victoria Ramirez, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, July 23, 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 07/27/15 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. 07/27/15 Page 3 of 5 Public Hearing Items ITEM NO. 2 VARIANCE NO. 2690A (DEV2015-00031) Location: 3203 West Cabot Drive Request: To amend a condition of approval to retain a previously-approved apartment in a converted garage. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2015-05799 (DEV2015-00044) Location: 434 South Euclid Street Request: To permit wholesale automobile dealership offices within an existing multi-tenant office building. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: David See dsee@anaheim.net 07/27/15 Page 4 of 5 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2015-05800 VARIANCE NO. 2015-05024 (DEV2015-00047) Location: 520 North Brookhurst Street Request: To permit retail automotive sales agency offices within an existing commercial building with fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2015-05779 VARIANCE NO. 2015-05002 (DEV2015-00005) Location: 602–610 North Anaheim Boulevard Request: To expand an existing motel by adding seven additional rooms; to allow a building setback between the motel addition and the adjacent residential zone that is smaller than required by the Zoning Code; and, to allow proposed parking spaces to encroach into the required landscape setback area adjacent to Anaheim Boulevard. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net Adjourn to Monday, August 10, 2015 at 5:00 p.m. 07/27/15 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:30 p.m. July 23, 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 & BUILDING DEPARTMENT DATE: JULY 27, 2015 SUBJECT: VARIANCE NO. 2690A LOCATION: 3203 West Cabot Drive APPLICANT/PROPERTY OWNER: The applicants and owners are Nicolas and Catalina Velasquez. REQUEST: The applicant is requesting an amendment to a condition of approval for a previously-approved variance to retain a studio apartment in a converted garage. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Variance No. 2690A. BACKGROUND: This 0.2-acre property is developed with a 5-unit (four, 2-bedroom units and one studio unit) apartment building and is located in the Multiple-Family Residential (RM-4) Zone. The General Plan designates this property for Medium Density Residential land uses. Surrounding land uses include commercial uses to the north, apartments to the west and to the south across Cabot Drive, and a commercial retail center to the east across Western Avenue. Variance No. 2690, to permit and retain a 292-square foot apartment in a converted garage with fewer parking spaces and a smaller floor area than required by the Zoning Code was approved by the Planning Commission on April 14, 1975. Planning Commission Resolution No. PC75-77 contains the following condition of approval: “(4) That a time limitation of one year shall be granted for the use requested in this variance and, upon request by the petitioner, an additional period of time may be granted upon approval by the Planning Commission and/or City Council; provided, however, that in the event the subject converted garage ceases to be occupied by the elderly parent of the subject present property owner, and/or the property changes ownership, then this variance shall become null and void, and the garage shall be reconverted to use for vehicle parking.” VARIANCE NO. 2690A July 27, 2015 Page 2 of 3 PROPOSAL: The applicant proposes an amendment to the condition of approval pertaining to time limitation and occupancy requirements to retain the studio apartment. The apartment contains a living and sleeping area, a bathroom and a kitchen. No physical changes to the existing apartment are proposed. According to the applicant, the apartment is currently occupied by the daughter of the property owners. FINDINGS AND ANALYSIS: Before the Planning Commission may approve an amendment to a variance, it must make a finding of fact that the evidence presented shows that the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; 2) That, because of the special circumstances, shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. As described above, the variance allowing the studio apartment was approved by the Commission in 1975 with deviations related to the minimum number of required parking spaces and minimum required floor area. A comparison between the development standards that existed in 1975, today’s standards, and the standards approved by the variance are provided below: Standard 1975 Zoning Code Current Zoning Code Existing, as Approved by Variance No. 2690 Minimum No. of Parking Spaces 10 spaces* (2 spaces per 2- bedroom unit and 1.5 spaces per studio) 10 spaces* (2.25 spaces per 2-bedroom unit and 1.25 per studio unit) 4 spaces Minimum Size of Apartment 700 s.f. 500 s.f. (Studio apartment) 292 s.f. * For purposes of calculating parking requirements, the Zoning Code requires that fractional numbers be rounded off to the nearest whole number, fractions of one-half (0.5) or more being counted as one (1) full space. The variance was approved with the aforementioned condition of approval limiting the time period for which the garage could be maintained as an apartment, to a period of one year, or until such time that the elderly occupant of the apartment ceased to live there, or until the property changed ownership. All required building permits for the apartment were obtained in 1976 in accordance with conditions of approval. Records show that the property was sold approximately one year after the variance was approved, however, the condition of approval requiring conversion of the apartment back to a garage in the event of a change of ownership, was never exercised. The current property owners bought the property in 2005, believing that the garage conversion was permitted. The violation of the condition of approval was discovered by Code Enforcement Division staff during a recent Quality Rental Housing Program inspection. VARIANCE NO. 2690A July 27, 2015 Page 3 of 3 The property owner would prefer to have the condition of approval containing the time limitation removed so that the apartment could remain in perpetuity. Staff recommends a compromise that would update the condition of approval allowing the apartment to remain in place until such time that the property ownership changes. Compliance with the condition of approval would be enforced through the recordation of a Covenant in a form approved by the City Attorney, permitting the continued use and occupancy of the garage on the property for residential purposes until the property is sold or transferred. A draft of the Covenant is provided as Attachment No. 6 to this report. The recorded Covenant would appear on all future title reports and would serve to notify prospective property owners of this requirement. Staff believes this approach balances the interests of the current property owner with the interests of the surrounding community by allowing the current owner to maintain the unit while ensuring that the garage reverts back to its originally intended use when the property changes hands. The property’s physical conditions, which formed the basis for the Commission’s decision to approve the Variance in 1975, have not changed. The development standards that were originally waived are the same, or less restrictive, than current Zoning Code requirements. CONCLUSION: Staff believes that the request to amend this variance to permit the continued use of a converted studio apartment is justified since the property was purchased with building permits and the property’s physical conditions which formed the basis for the Commission’s decision to approve the Variance in 1975 have not changed. Staff recommends approval of this request. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Variance Resolution 2. Variance No. 2690 Staff Report, Resolution and Meeting Minutes 3. Applicant’s Letter of Request 4. Photographs 5. Plans 6. Draft Covenant RM-4FOURPLEX C-GCAR WASH C-GRESTAURANT RM-4WESTMONTAPTS RM-4APTS12 DU RM-4APTS12 DU RM-4FOURPLEX RM-4APARTMENTS12 DU RM-4FOURPLEX RM-4FOURPLEX RM-4GLENWOODAPARTMENTS78 DU RM-4GLENWOODAPARTMENTS78 DU C-GRETAIL C-GRETAIL RM-4WESTERN TERRACEAPARTMENTS24 DU RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE W CABOT DR S W E S T E R N A V E 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 N . D A L E A V E . K N O T T A V E . LINCOLN AVE W. LINCOLN AVE 3203 West Cabot Drive DEV No. 2015-00031 Subject Property APN: 135-302-03 °0 50 100 Feet Aerial Photo:May 2014 W CABOT DR S W E S T E R N A V E 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 N . D A L E A V E . K N O T T A V E . LINCOLN AVE W. LINCOLN AVE 3203 West Cabot Drive DEV No. 2015-00031 Subject Property APN: 135-302-03 °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 VARIANCE NO. 2690 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00031) (3203 WEST CABOT DRIVE) WHEREAS, on April 14, 1975, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim ("Planning Commission"), by Resolution No. PC 75-77, approved Variance No. 2690 (herein referred to as the "Original VAR") to retain an apartment in a converted garage on premises located at 3203 West Cabot Drive, County of Orange, State of California (the "Property"). 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 VAR 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 VAR to retain an apartment in a converted garage (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 Variance No. 2690A; and WHEREAS, the Property, consisting of approximately 0.2 acres, is currently developed with an apartment building. The Anaheim General Plan designates the Property for Medium Density residential land uses. The Property is located in the “RM-4” Multiple-Family Residential Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.06 (Multiple-Family Residential Zones) of the Code; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 27, 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 Variance No. 2690A 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 - 2 - PC2015-*** CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Variance No. 2690A to retain an apartment in a converted garage should be approved for the following reasons: 1. The requested variance is hereby approved because there are special circumstances applicable to the Property since the apartment unit converted from a garage was constructed prior to the purchase of the Property and the circumstances surrounding its current use are similar to those under which the Original VAR was granted, i.e., the development standards that were originally waived are the same, or less restrictive, than current Zoning Code requirements. 2. Strict application of the Code would deprive the Property of privileges enjoyed by other properties under the identical zoning classification in the vicinity because other properties in the area have less parking than required by the Zoning Code and apartment units that do not meet the minimum floor area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Variance No. 2690A is hereby approved, thereby amending the Original VAR for the Property to retain an apartment in a converted garage at 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 VAR and this Variance No. 2690A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original VAR, as amended by Variance No. 2690A, 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. - 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 July 27, 2015. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130 (Appeals – Planning Commission Decisions) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. 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 July 27, 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 27th day of July, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” VARIANCE NO. 2690A (DEV2015-00031) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 That within 60 days of the date of adoption by the Planning Commission of the Resolution to which this condition is attached, the legal property owners shown on the application for the entitlement to which this Resolution applies (the "Owners") shall execute a Covenant and Agreement in a form approved by the City Attorney, permitting the continued use and occupancy of the garage on the Property for residential purposes until the occurrence of a "Transfer". "Transfer" shall mean and include any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property, or any portion thereof, or any agreement to do so. “Transfer” shall include: (i) a transfer by devise, inheritance or intestacy to a party other than to the surviving Owner; (ii) the creation of a life estate; (iii) the creation of a joint tenancy interest or a tenancy-in-common interest by the Owners or either of them with someone other than the current Owners; (iv) a gift of all or any portion of the Property; (v) any voluntary conveyance of the Property; (vi) any interest in the Property that vests in persons other than the Owners when a revocable trust becomes irrevocable; (vii) a transfer of any interest in the Property between the Owners and any other person, corporation, partnership or other legal entity; or (viii) the purchase or transfer of the Property or any interest therein between the Owners and their children. The Owners must provide to the City Attorney a current preliminary title report, at the Owners' cost, within 30 days of the date of adoption of said Resolution, evidencing the Owners' legal title to the Property. Upon review and approval by the City Attorney, said Covenant and Agreement shall be recorded in the Official Records of the County of Orange at the Owners' cost. Planning & Building Department, Planning Services Division 2 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning & Building Department, Planning Services Division - 7 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 3 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning & Building Department, Planning Services Division 4 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 & Building Department, Planning Services Division 5 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 & Building Department, Planning Services Division ATTACHMENT NO. 2 A T T A C H M E N T N O . 3 A T T A C H M E N T N O . 4 ATTACHMENT NO. 5 RECORDED AT THE REQUEST OF AND, WHEN RECORDED, MAIL TO: Office of the City Attorney City of Anaheim 200 S. Anaheim Blvd., #356 Anaheim, California 92805 Attention: Theodore J. Reynolds Assistant City Attorney _________________________________________________________________________________ [SPACE ABOVE THIS LINE FOR RECORDER’S USE] Address: 3203 West Cabot Drive, Nos. 1-4 Anaheim, California 92804 APN: 135-302-03 ___________________________________________________________________________ COVENANT AND AGREEMENT THIS COVENANT AND AGREEMENT (herein referred to as the "Covenant and Agreement") is dated for purposes of identification as of the ___ day of _________, 2015 and is entered into by and between City of Anaheim, a municipal corporation and charter city (herein referred to as the "City"), and Nicolas Velasquez and Catalina Vasquez, Husband and Wife, as Community Property with Right of Survivorship (herein referred to as the "Owners"), with reference to the following: A. The Owners are the owners of that certain real property in the City of Anaheim, County of Orange, State of California commonly known as 3203 West Cabot Drive, Nos. 1-4, which property is legally described on Exhibit A attached hereto and incorporated herein by this reference (herein referred to as the "Property"). B. By the adoption of Resolution No. PC75-77 on April 14, 1975, the then Planning Commission of the City of Anaheim approved a variance from the Zoning Code of the City of Anaheim to permit the occupancy and use of a garage on the Property for residential purposes for a limited period of time. C. The period of time set forth in Resolution No. PC75-77 for use of the garage at the Property for residential purposes has elapsed; however, the Owners have applied to the City for an amendment to the variance approved by Resolution No. PC75-77 to eliminate the time limitation and, in effect, authorize the continued use and occupancy of the garage for residential purposes. D. The Planning Commission of the City of Anaheim has approved, in part, the Owners' request for the continued use and occupancy of the garage for residential purposes for a limited period of time and subject to the condition that the Owners execute and record a covenant running with the land ensuring compliance with the conditions of approval set forth in that certain Resolution No. 2015-___, adopted by the Planning Commission on ________, 2015. ATTACHMENT NO. 6 2 E. The City has requested the Owners to execute and deliver to the City this Covenant and Agreement in recordable form to ensure compliance with the Building Standards Codes and the Fire Code of the City of Anaheim and to ensure that the Property is not developed, used or maintained in such a way as to adversely affect adjoining neighboring properties. F. Accordingly, the Owners hereby intend to fix the covenants set forth herein on and subject to which the Property shall be held, conveyed, encumbered, used, occupied, maintained, leased, sold or otherwise conveyed, and the covenants set forth herein are hereby intended to bind the Owners and their heirs, executors, administrators, successors, assigns and transferees or anyone claiming under the Owners (or either of them). NOW, THEREFORE, the parties hereby agree as follows: 1. In consideration for, and as an express condition of the issuance by the City of an amendment to the variance approved by Resolution No. PC75-77, the Owners hereby covenant and agree, jointly and severally, that the Property shall be held, conveyed, encumbered, used, occupied, maintained, leased, sold or otherwise conveyed subject to the following covenants, conditions and restrictions, all of which are for the purpose of enhancing the attractiveness, usefulness, value, and desirability of the Property, the surrounding property, and the public at large, and to minimize possible adverse effects on the public health, safety, peace, and general welfare. 2. The garage on the Property that has been occupied and used for residential purposes, as depicted on plans on file with the City, may continue to be occupied or used for residential purposes by the Owners until the occurrence of a "Transfer". "Transfer" shall mean and include any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property, or any portion thereof, or any agreement to do so. Without limiting the generality of the foregoing, “Transfer” shall include: (i) a transfer by devise, inheritance or intestacy to a party other than the surviving Owner; (ii) the creation of a life estate; (iii) the creation of a joint tenancy interest or a tenancy-in-common interest by the Owners or either of them with someone other than the Owners; (iv) a gift of all or any portion of the Property; (v) any voluntary conveyance of the Property; (vi) any interest in the Property that vests in persons other than the Owners when a revocable trust becomes irrevocable; (vii) a transfer of any interest in the Property between the Owners and any other person, corporation, partnership or other legal entity; or (viii) the purchase or transfer of the Property or any interest therein between the Owners and their children. A "Transfer" shall not include the following: (i) a transfer of the ownership interest of one of the Owners to the other resulting from the death or mental or physical incapacity of an Owner; (ii) a transfer between the Owners in connection with a property settlement agreement or decree of dissolution of their marriage or legal separation; (iii) a transfer by the Owners, as trustors, into a trust for so long as (a) the Owners are, or the surviving spouse is, the present beneficiaries(y) of the trust or (b) the trust is revocable; or any transfer by a trustee of such a trust described in either clause (a) or (b) back to one or both of the Owners; (iv) the creation, assignment, termination, or reconveyance of a security interest, or the substitution of a trustee under a security instrument; (v) any rental agreements or leases to tenants of the Property; (vi) any requested assignment for financing purposes, including the grant of a deed of trust to secure the funds necessary for financing or refinancing the Property. 3 3. In the event of a Transfer of the Property, the Owners or their heirs, executors, administrators, successors or assigns, shall immediately notify the City in writing and promptly cease use of the garage on the Property that has been occupied and used for residential purposes and shall do all things necessary to perform and effect such alterations or modifications to the building on the Property, as may be directed by the Building Official of the City, to fully comply with the provisions of the Building Standards Codes and Fire Code of the City then in effect. 4. It is agreed that each of the agreements, covenants, conditions and restrictions contained in this Covenant and Agreement shall run with the land and shall be binding on the Owners and their heirs, administrators, successors, assigns and transferees or anyone claiming under the Owners (or either of them) until such time as (a) this Covenant and Agreement is released by the Building Official of the City of Anaheim, with the approval of the Anaheim City Attorney (or his or her designee), upon submittal of a request and evidence that this Covenant and Agreement is no longer required by law; or (b) the Owners or the then owners of the Property perform and effect such alterations or modifications to the building on the Property, as may be directed by the Building Official of the City, to fully comply with the provisions of and the conditions of approval of Resolution No. PC2015-_____ and with the Building Standards Codes and Fire Code of the City then in effect; or (c) the building then situated on the Property has been removed from the Property or is destroyed. 5. The conditions of this Covenant and Agreement are intended to benefit the public and public properties. Accordingly, it is agreed the City shall have the right to enforce this Covenant and Agreement by any legal or equitable means against such person or persons in actual possession of the Subject Property who directly or through any agent violate the terms hereof. All obligations of the Owners under this Covenant and Agreement shall inure solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right of the City be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Property. 6. The Owners agree that in the event of failure to comply with the conditions set forth in this Covenant and Agreement, the Owners will not object to the revocation of the permit granted under Resolution No. PC2015-_____. In such event, the Owners waive any right to have any uses or improvements considered or treated as legal, non-conforming uses or improvements after such approval. 7. The provisions of this Covenant and Agreement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the context of this Covenant and Agreement so requires, in interpreting this Covenant and Agreement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Any titles of sections or paragraphs of this Covenant and Agreement are for the convenience of the reader only and no presumption or implication of the intent of the parties hereto as to the construction of the Covenant and Agreement shall be drawn therefrom. 8. It is further agreed that each of the agreements, covenants, conditions and restrictions contained in this Covenant and Agreement shall run with the land and shall be binding on each successive owner of the Property and their heirs, administrators, successors, and assigns during their respective ownership thereof until such time as one of the events described in paragraph 3 of this 4 Covenant and Agreement have occurred. 9. In any legal or equitable proceeding for the enforcement of or the restraining of the violation of any of the terms hereof, the City shall be entitled to recover all of its reasonable costs and expenses, not limited to taxable costs, including reasonable attorneys' fees. 10. Any notices, requests, demands, documents, approvals or disapprovals given or sent under this Agreement from one party to another (collectively, “Notices”) shall be in writing and may be personally delivered, transmitted by facsimile (FAX) transmission, or deposited with the United States Postal Service for mailing, with postage prepaid, to the address of the other party set forth in this Section. Notice shall be deemed to have been given at the time of personal delivery or FAX transmission or, if mailed, on the third day following the date of deposit with the United States Postal Service. Notices shall be sent as follows: If to City: Building Official City of Anaheim 200 South Anaheim Boulevard, 1st Floor Anaheim, California 92805 FAX No. (714) 765-4607 If to Owner: Nicolas Velasquez and Catalina Vasquez 1238 West Katella Avenue Anaheim, California 92802 Such addresses may be changed by Notice to the other party given in the same manner as provided in this Section. 11. This Covenant and Agreement shall not be changed or modified in any respect orally. Any amendment or modification of this Covenant and Agreement shall be made in writing and signed, in each instance, by the Owners and the City. 12. This Covenant and Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Covenant and Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Covenant and Agreement and shall be of no further force or effect. 13. If any term, provision, condition or covenant of this Covenant and Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Covenant and Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 14. The Owners represent and warrant to the City the following: (i) they have carefully read this Covenant and Agreement, and in signing this Covenant and Agreement, they do so with full knowledge of any right which they may have; (ii) they have received independent legal advice from 5 their legal counsel as to the matters set forth in this Covenant and Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Covenant and Agreement; and, (iii) they have freely signed this Covenant and Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the City or its agents, employees or attorneys, except as specifically set forth in this Covenant and Agreement, and without duress or coercion, whether economic or otherwise. 15. Time is expressly made of the essence with respect to the performance by the Owners of each and every obligation, covenant and/or condition of this Covenant and Agreement. 16. This Declaration shall be superior to any and all mortgages, liens, ground leases, licenses, covenants, or encumbrances hereafter affecting any of the Property (collectively, the “Mortgages”), and any such Mortgages shall be deemed to be subordinate to this Declaration, and this Declaration shall survive any foreclosure of any such Mortgages; provided, however that nothing in this Declaration will affect the validity of any such Mortgages. [Remainder of page intentionally left blank. Signatures on next page.] 6 IN WITNESS WHEREOF, the parties have caused this Covenant and Agreement to be executed on the dates hereinafter set forth. "OWNERS" Dated: , 2015. Nicolas Velasquez Dated: , 2015. Catalina Vasquez "CITY" CITY OF ANAHEIM, a municipal corporation and charter city Dated: , 2015. By: David Belmer Planning Director ATTEST: LINDA N. ANDAL, CITY CLERK By: City Clerk APPROVED AS TO FORM: MICHAEL R.W. HOUSTON, CITY ATTORNEY By: Theodore J. Reynolds Assistant City Attorney 110666-v3/TJR EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 1, TRACT 5102, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 186, PAGES 45 AND 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. [APN: 135-302-03] ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of ) On ________________, before me, [date] [here insert name and title of the officer] personally appeared [here insert name(s) of signer(s)] who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. (Signature) (Seal) 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: JULY 27, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05799 LOCATION: 434 South Euclid Street APPLICANT/PROPERTY OWNER: The applicant and property owner is Boung Yeop Kim with God’s Heart, LLC. REQUEST: The applicant is requesting a conditional use permit to permit seven automotive wholesale sales agency offices within an existing multi-tenant office 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. 2015-05799. BACKGROUND: This 0.56-acre property is located in the General Commercial (C- G) zone and the General Plan designates the property for Corridor Residential land uses. The property is developed with a 7,829 square foot two-story, office building with 31 tenants suites. Surrounding uses include a restaurant to the north across Tedmar Avenue, a neighborhood shopping center to the south, apartments to the east, and a single family home to the west across Euclid Street. PROPOSAL: The applicant proposes to lease up to seven office suites in an existing 31-suite office building to wholesale auto sales agencies. The remaining 24 office suites would continue to be leased for general office purposes. City records indicate that three nonconforming auto sales agencies are currently operating on the premises. Each business would be operated by an individual dealer who would not have any employees. The auto dealers would operate primarily during typical business hours; 8:00 a.m. to 5:00 p.m., Monday through Friday. No vehicle display spaces or storage of vehicle inventory would occur on site. Vehicle inventory would be stored at off-site locations such as auction facilities. 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. 2015-05799 July 27, 2015 Page 2 of 3 FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this Zoning Code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 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 applicant requests to permit the three existing auto sales businesses, and provide for four additional auto sales businesses. No vehicle display spaces are being proposed in the parking lot area. The parking lot has 37 parking spaces that serve employees and customers of the office building. Staff visited the site twice during peak weekday hours and observed that approximately 80% of the parking spaces were occupied during these hours. Access to the parking lot from Tedmar Avenue is controlled by the property owner to prevent overflow parking from the adjacent apartment community to the northeast. Staff believes that the parking would be adequate to accommodate the parking demands of the existing businesses as well as the future automotive sales agency businesses proposed on the site. Staff believes the property is appropriate for the proposed grouping of automotive sales offices because the businesses would operate as wholesale dealerships with a single business operator, no employees, and limited customers on-site. Staff does not anticipate that the proposed businesses, under the conditions imposed, would adversely affect the surrounding community. The proposed conditions include prohibiting the display of any automobiles 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. 2015-05799 July 27, 2015 Page 3 of 3 CONCLUSION: The proposed wholesale auto sales agencies would be compatible with the surrounding commercial and residential 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, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Applicant’s Letter of Request 3. Photographs 4. Plans C-GOFFICES RM-4CASA FORTIN APARTMENTS88 DU RM-4CASA FORTIN APARTMENTS88 DU C-GRESTAURANT C-GOFFICES C-GOFFICES C-GOFFICES RM-4LE CHATEAU APTS77 DU C-GRETAIL C-GRETAIL RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE TSINGLE FAMILY RESIDENCE C-GMEDICAL OFFICE C-GOFFICES R S - 2 S I N G L E F A M I L Y R E S I D E N C E RS-2SINGLE FAMILY RESIDENCE R S - 2 S I N G L E F A M I L Y R E S I D E N C E C-GOFFICES C-GOFFICES C-GRETAIL C-GRETAIL R S - 2 S I N G L E F A M I L Y R E S I D E N C E S A M B O Y S T S A L V Y S T W TEDMAR AVE S E U C L I D S T W. BALL RD W. LINCOLN AVE W. BROADWAY S . B R O O K H U R S T S T S . W A L N U T S T S. M A N C H E STE R AV E 434 South Euclid Street DEV No. 2015-00044 Subject Property APN: 250-061-04 °0 50 100 Feet Aerial Photo:May 2014 S A M B O Y S T S A L V Y S T W TEDMAR AVE S E U C L I D S T W. BALL RD W. LINCOLN AVE W. BROADWAY S . B R O O K H U R S T S T S . W A L N U T S T S. M A N C H E STE R AV E 434 South Euclid Street DEV No. 2015-00044 Subject Property APN: 250-061-04 °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. 2015-05799 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00044) (434 SOUTH EUCLID STREET) 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. 2015-05799 to permit "Automotive - Sales Agency Offices" within an existing multi- tenant office building (referred to herein as the "Proposed Project") for certain real property at 434 South Euclid Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, consisting of approximately 0.56 acres, is currently developed with a two story office building. The Anaheim General Plan designates the Property for Corridor Residential 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 July 27, 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. 2015-05799 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. 2015-05799, does find and determine the following: 1. The request for a conditional use permit to permit "Automotive-Sales Agency Offices" within an existing office 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 existing and 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 for the automotive sales offices 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. 2015-05799 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. 2015-05799, 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. 2015-05799 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 July 27, 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 July 27, 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 27th day of July, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-*** - 5 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05799 (DEV2015-00044) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 A maximum of seven (7) wholesale automotive sales agency businesses shall be permitted on-site. Retail automotive sales shall not be permitted on-site. Said businesses shall have no automobile inventory displayed or stored on-site. Planning & Building Department, Code Enforcement Division 2 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 & Building Department, Code Enforcement Division 3 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied. Planning & Building Department, Code Enforcement Division 4 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 5 Ongoing during project operations, vehicle deliveries including loading and unloading shall be performed on-site. Delivery vehicles shall not block any part of the public right-of-way. Planning & Building Department, Code Enforcement Division GENERAL CONDITIONS OF APPROVAL 6 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. 2015-05799. Planning & Building Department, Code Enforcement Division - 6 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning & Building Department, Planning Services Division 8 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning & Building Department, Planning Services Division 9 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning & Building Department, Planning Services Division       BUSINESS OF OPERATION  Gods Hearth LLC  Property Owner: Boung Yeop Kim  Property: 434 S. Euclid Street. #200                                                                          Anaheim, CA. 92802    Wholesale (Car Dealer Office) Only:    Car Dealer office will not need any employee. One person operation. Wholesale dealer will only  buy and sell cars from auction to auction or other locations/ dealerships and will not have  inventory of cars in the property. No street parking for sale. Office is only used for paper work  and phone call.  Units proposed 112 (Vacant), 124 (H.B. Auto Exchange), 156 (R.P. Auto), 164  (Phillips Motors Bank), 184 (Vacant), 208 (Vacant), & 240 (Vacant). Lot parking will not  increased as far as the required tabulation we provided. No car repair or cleaning as far as  public health.    ATTACHMENT NO. 2 ATTACHMENT NO. 3 A T T A C H M E N T N O . 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. 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 & BUILDING DEPARTMENT DATE: JULY 27, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05800 AND VARIANCE NO. 2015-05024 LOCATION: 520 North Brookhurst Street APPLICANT/PROPERTY OWNER: The agent is Phillip Schwartze of PRS Group representing the applicant and property owner, Jack Markovitz. REQUEST: The applicant is requesting a conditional use permit to allow automotive retail sales agency offices within an existing commercial building with fewer parking spaces than required by Code. 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. 2015-05800 and Variance No. 2015-05024. BACKGROUND: This 1.54-acre property is located in the General Commercial (C-G) zone and the General Plan designates the property for Low Intensity Office use. The property is developed with a 29,200 square foot, two-story office building. Surrounding uses include a service station and office uses to the north, offices uses to the west across Brookhurst Street, apartments to the east, and commercial uses to the south. PROPOSAL: The applicant proposes to establish ten retail automotive sales offices within an existing multi-tenant office building. The property has a total of 101 parking spaces; 81 parking spaces would be available for customers and employees and 20 spaces would be designated for automotive display spaces. These display spaces would be located in a designated area of the parking lot. The applicant has indicated that the typical hours of operation would be 9:00 a.m. to 5:00 p.m. and that excess inventory and storage of vehicles would be located at off-site locations such as warehouses or auction facilities. These businesses would be operated by individual dealers who would not have 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. 2015-05800 & VARIANCE NO. 2015-05024 July 27, 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; 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 ensure compatibility with surrounding land uses. Staff believes the property is appropriate for the proposed grouping of automotive sales offices because the businesses would have limited customers on-site, a maximum of 20 display vehicles and no employees other than the business operators. Staff does not anticipate that the proposed businesses, under the conditions imposed, would adversely affect the surrounding community because the use would be contained wholly within the site. 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. Staff has conducted site visits and observed that the building is well maintained. Parking Variance: A variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist: 1) That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; 2) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; CONDITIONAL USE PERMIT NO. 2015-05800 & VARIANCE NO. 2015-05024 July 27, 2015 Page 3 of 3 3) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The Zoning Code requires a total of 117 parking spaces for the office building, including the retail automotive agency office uses, based on 4 spaces per 1,000 square feet of gross floor area for office uses. The building currently contains 40 office units of various sizes of which 13 units are vacant. Once the building is fully leased, it is anticipated that a maximum of 74 of parking spaces would be required based on the highest estimated parking demand. The property has 81 parking spaces, excluding the 20 proposed vehicle display spaces. The applicant submitted a Parking Justification Letter (Attachment No. 2) indicating an observed demand of 48 spaces on the property during the peak afternoon business hours. Staff observations of the property confirm there is adequate parking available on the property during regular business hours and there is no evidence of parking impacts from this property on adjacent streets or properties. Because the proposed automotive sales agency would only have 10 dealers and customers would come to the property by appointment only, staff believes that the number of parking spaces on-site would be adequate to accommodate the proposed and existing uses without impact to the surrounding public streets or properties. CONCLUSION: The proposed automotive sales agency offices within an existing multi- tenant office complex are consistent with the operational characteristics of the office complex and would be compatible with surrounding land uses. Parking is adequate to accommodate the proposed and existing uses on-site without spill-over on to public streets or detrimental impacts to surrounding properties. Therefore, staff recommends approval of the conditional use permit and parking variance. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Applicant’s Letter of Operation and Parking Justification 3. Site Plan 4. Site Photographs C-G (BCC)OFFICES C-G (BCC)OFFICES T (BCC)RETARDING BASIN C-G (BCC)OFFICESPRDAD MILLERGOLF COURSE C-G (BCC)OFFICES T (BCC)BROOKHURSTJUNIOR HIGH SCHOOL C-G (BCC)RETAIL RM-4O.C.F.C.D.T (BCC)FIRE STATIONC-G (BCC)RETAIL RM-4O.C.F.C.D.RM-4 (BCC)WATER WELLS RM-4 (BCC)WATER WELLS C-G (BCC)SERVICE STATION C-G (BCC)OFFICES C-G (BCC)OFFICES C-G (BCC)RESTAURANT RM-4TARA HILLAPARTMENTS368 DU RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX W ALAMEDA AVE N V A L L E Y S T N B R O O K H U R S T S T W CRESCENT AVE W CRESCENT AVE W. BROADWAY W. LA PALMA AVE N . E U C L I D S T W. LINCOLN AVE N . M A G N O L I A A V E W.CRESCENT AVE S .E U C L I D S T W. ROMNEYA DR W. CRESCENT AVE W. LINCOLN AVE 520 North Brookhurst Street DEV No. 2015-00047 Subject Property APN: 072-072-04 °0 50 100 Feet Aerial Photo:May 2014 W ALAMEDA AVE N V A L L E Y S T N B R O O K H U R S T S T W CRESCENT AVE W CRESCENT AVE W. BROADWAY W. LA PALMA AVE N . E U C L I D S T W. LINCOLN AVE N . M A G N O L I A A V E W.CRESCENT AVE S .E U C L I D S T W. ROMNEYA DR W. CRESCENT AVE W. LINCOLN AVE 520 North Brookhurst Street DEV No. 2015-00047 Subject Property APN: 072-072-04 °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. 2015-05800 AND VARIANCE NO. 2015-05024 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00047) (520 NORTH BROOKHURST STREET) 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. 2015-055800 to permit "Automotive - Sales Agency Offices" in an existing office building and Variance No. 2014-05024 to permit fewer off-street parking spaces than required by the Zoning Code (herein referred to collectively as the "Proposed Project") for certain real property at 520 North Brookhurst Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, consisting of approximately 1.54 acres is currently developed with an office building. The Anaheim General Plan designates the Property for Office Low 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 July 27, 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. 2015-05800 and Variance No. 2015-05024 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. 2015-05800, does find and determine the following: 1. The request for a conditional use permit to permit an "Automotive-Sales Agency Office" within an existing office 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 office building and, based upon the parking justification letter described below, 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. 2015-05800 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, based upon the parking justification letter submitted by the applicant, the Planning Commission does further find and determine that the request for Variance No. 2015-05024 to permit less parking than required by the Code in conjunction with automotive sales agency offices within an existing office building should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (117 spaces required; 81 spaces proposed with 20 additional designated DMV required spaces provided) 1. That the parking variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the Proposed Project than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the site has ample parking spaces to accommodate the use on the site. A parking justification letter and analysis was prepared by the applicant, determining that the current number of parking spaces is sufficient to accommodate the use. The site would provide a total of 81 parking spaces and 20 designated DMV required spaces; and - 3 - PC2015-*** 2. That the parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Proposed Project because the on-site parking on the Property will adequately accommodate the parking demands of the Proposed Project; and 3. That the parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Proposed Project because the on-site parking on the Property will adequately accommodate parking demands of all uses on the site. The site will generate a parking demand of 117 parking spaces and 81 parking spaces will be provided for employee and customer parking; and 4. That the parking variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Proposed Project because the project site provides adequate ingress and egress points to the Property and are designed to allow for adequate on-site circulation; and 5. That the parking variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Proposed Project because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the office building; and 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. 2015-05800 and Variance No. 2015-05024, 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. 2015-05800 and Variance No. 2015-05024 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. - 4 - PC2015-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 27, 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 July 27, 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 27th day of July, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05800 AND VARIANCE NO. 2015-05024 (DEV2015-00047) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. A maximum of ten (10) retail automotive sales office businesses, with a combined total of twenty (20) display spaces shall be permitted on-site. Planning & Building Department, Code Enforcement Division 2. No on-site storage of automobiles is permitted outside of 20 DMVdisplay spaces. Planning & Building Department, Code Enforcement Division 3. On-street parking of automobiles for sale is prohibited. Planning & Building Department, Code Enforcement Division 4. The twenty (20) 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 on file with the Planning Department. Planning & Building Department, Code Enforcement Division 5. 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 & Building Department, Code Enforcement Division 6. 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 & Building Department, Code Enforcement Division 7. 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 & Building Department, Code Enforcement Division - 7 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8. 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 9. 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 10. 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. 2015-05800. Planning & Building Department, Code Enforcement Division 11. 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 & Building Department, Code Enforcement Division 12. 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 & Building Department, Code Enforcement Division 13. 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 & Building Department, Code Enforcement Division Letter of Operations 520 N. Brookhurst Retail Automobile Sales There are currently (4) building tenants who have permits for the retail sale of automobiles at the property. The grand fathering of their permits will expire soon. We are requesting to have a total of 10 auto dealers at the site Each auto retailer is provided with (2) designated parking spaces. This would be a total of 20 parking spaces. The parking spaces are identified with the names of the tenants. Dealers operate under normal business hours during the week and from 9:00 AM to 5:00 PM on Saturday. Excess inventory and storage of vehicles would be located at off-site locations such as auction facilities. These businesses would be operated by individual dealers who would not have employees. Automobiles would be sold to customers on an appointment basis only and through the internet The location of the 20 DMV required spaces would be located along the east property line adjacent to Valley Street. Cars parked on the lot, not in a designated space with the appropriate permit displayed, are towed after 9:00 PM. A licensed security firm patrols the parking lot each night. The building is fully equipped with video monitoring to insure that tenants comply with the parking requirements. The building is well maintained and the building owner staff inspect the property each day during the week, to insure that repairs, maintenance etc. are attended to promptly. Maintenance performed on vehicles is not permitted on the property. The building has had as many as (10) tenants that did auto sales in the past with no parking problems. We would like to designate the following units at the building for the CUP application so that the existing automobile sales may continue. 100 - Current Tenant 111 – Future Tenant 112 – Future Tenant 113 - Future Tenant 114 - Current Tenant 133 – Future Tenant 134- Future Tenant ATTACHMENT NO. 2 138- Current Tenant 210- Current Tenant 229- Future Tenant We are requesting a parking waiver in conjunction with this application. Code requires 117 parking spaces. The site provides 81 parking spaces, excluding 20 DMV required display spaces. The provided 81 parking spaces is a 31% deviation from the code required 117 parking spaces. The Anaheim Municipal Code requires the following finds be made in conjunction with the request to waive the minimum number of parking spaces .0101 That the variance, under the conditions imposed, if any, will not cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; The requested waiver of 36 spaces will not cause fewer off-street parking spaces to be provided for the site as most of the office and auto uses are low impact office uses that do not have many visitors to the site. The auto uses are done via the internet and as such do not require visitors to the site thereby the site provides the number of spaces necessary to accommodate all parking demand. A parking count was taken on a Monday at 2:15 p.m.. Only 48 spaces of the current 101 spaces were occupied on-site. This included a truck using a parking space that was dropping off materials and 2 spaces occupied at the location for DMV required spaces. This left 53 spaces available or 52% of the parking available for use. (Note: The number of spaces available on site will be 81 after 20 DMV display spaces are entitled. This would result in 40% of available parking spaces available based on a peak observed demand of 48 spaces). .0102 That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; The variance under conditions imposed will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed auto uses as there were never any parking problems at the site when 10 auto uses were existing. .0103 That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection .030 of Section 18.42.050 (Non-Residential Uses- Shared Parking Arrangements)); The variance for the auto uses will not impact any adjacent private property in the immediate vicinity of the proposed use as the site has adequate parking provided on-site to accommodate the low impact offices uses and the auto uses. .0104 That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and The variance for the auto uses will not increase traffic congestion within the off-street parking areas or lots provided as there is ample parking provided for the low impact office uses and the auto uses. .0105 That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The variance for the auto uses will not impede vehicular ingress or egress from adjacent properties upon the public street in the immediate vicinity of the proposed use as existing driveways will not be impacted and there have been no negative parking problems at this site. . LOCATION OF 20 DMV DISPLAY SPACES PARKING TABULATION Parking provided: 81 spaces, excluding 20 DMV display spaces Parking Required: 29,200 s.f. office x 4 spaces/1,000 = 117 spaces 2 display spaces per dealer: 10 dealers = 20 spaces 31% Deviation ATTACHMENT NO. 3 PLAZA DEL ORO 520 NORTH BROOKHURST STREET ATTACHMENT NO. 4 PLAZA DEL ORO 520 NORTH BROOKHURST STREET PLAZA DEL ORO 520 NORTH BROOKHURST STREET PLAZA DEL ORO 520 NORTH BROOKHURST STREET PLAZA DEL ORO 520 NORTH BROOKHURST STREET PLAZA DEL ORO 520 NORTH BROOKHURST STREET PLAZA DEL ORO 520 NORTH BROOKHURST STREET PLAZA DEL ORO 520 NORTH BROOKHURST STREET PLAZA DEL ORO 520 NORTH BROOKHURST STREET PLAZA DEL ORO 520 NORTH BROOKHURST STREET PLAZA DEL ORO 520 NORTH BROOKHURST STREET 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: JULY 27, 2015 SUBJECT: CONDITONAL USE PERMIT NO. 2015-05779 AND VARIANCE NO. 2015-05002 LOCATION: 602 - 610 North Anaheim Boulevard (City Center Motel) APPLICANT/PROPERTY OWNER: The applicant is Eduard Kang from Paragon Design, representing the property owner, Jayantilal S. Patel. REQUEST: The applicant requests approval of a conditional use permit to expand an existing 18 room motel by constructing seven additional motel rooms on an adjacent property. This request also includes a variance to allow a building setback between the proposed motel addition and the adjacent residential zone that is less than required by the Zoning Code, and to allow parking spaces to encroach into the required landscape setback adjacent to Anaheim Boulevard. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2015-05779 and Variance No. 2015-05002. BACKGROUND: This 0.48-acre property is developed with a motel and a single- family residence. This property is located in the General Commercial (C-G) zone. The site is designated for Low-Medium Density Residential land uses by the General Plan. These properties are surrounded by a single-family residence and apartments to the east, retail uses to the north, single-family residences to the west across Anaheim Boulevard, and a restaurant to the south across Alberta Street. The motel has been in operation since 1959 and does not have a conditional use permit as motels were allowed by right at the time it was developed. PROPOSAL: The applicant proposes to demolish an existing single-family residence at the northeast corner of Anaheim Boulevard and Alberta Street to construct a single- story, seven room motel expansion to the existing 18-room motel. The proposed addition would have a Spanish tile roof and stucco walls that would be painted to match the color of the existing motel. The rooms would range from 268 to 392 square feet in size. A 10-foot wide building setback would be provided on the east side of the property, adjacent to an existing single-family residence, and along Alberta Street. The landscape setback along Alberta Street complies with the Zoning Code. CONDITIONAL USE PERMIT NO. 2015-05779 & VARIANCE NO. 2015-05002 July 27, 2015 Page 2 of 4 A fifteen foot structural setback would be provided along Anaheim Boulevard; however, parking spaces would encroach nine feet into the required 10 foot landscape setback. The existing six- foot high fence adjacent to Anaheim Boulevard would be removed and replaced with a three-foot high screen hedge. A fifteen foot wide enhanced landscape area, exceeding the 10 foot wide code requirement, would be provided at the corner of Anaheim Boulevard and Alberta Street. The project requires and would provide 21 parking spaces with access to the site provided via the existing driveway on Anaheim Boulevard. The single-family residence that would be demolished as part of this request was originally on the City’s list of Contributors to the Anaheim Colony Historic District. However, the building was removed from the list in 1999 after the residence was remodeled and the historic features of the building were removed. 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. A conditional use permit is required for motels in this zone to ensure compatibility with surrounding land uses. The City Center motel is the only motel within the Anaheim Colony District. The motel provides short term lodging for visitors to Downtown Anaheim. In the past, the motel generated a significant number of calls for services by the Police Department. However, in recent years, the property owner has made operational improvements and has cooperated with the Police Department to help address homeless issues in Downtown Anaheim. Staff has inspected the property on several occasions and found the property to be well maintained. CONDITIONAL USE PERMIT NO. 2015-05779 & VARIANCE NO. 2015-05002 July 27, 2015 Page 3 of 4 The proposed conditional use permit would serve to establish conditions of approval on the motel that would ensure the property continues to operate in a manner compatible with the surrounding neighborhood. The draft resolution contains proposed conditions of approval requiring the removal of the existing fence on Anaheim Boulevard to allow greater visibility to the property; enhanced lighting of the premises; and security improvements for all guest rooms. Building Elevations: The existing motel is comprised of two buildings including one building that includes a two story office with one-story guest room, and a two-story guest room building facing Anaheim Boulevard. The motel has a contemporary Spanish architectural style, including an arched colonnade in front of the guest rooms, and a stucco finish painted in earth tone colors. The proposed addition is 12 feet 3 inches in height and would include a gable roof, stucco finish, colonnades and paint colors to match the existing motel. The draft resolution includes a condition of approval that final building elevations and landscape plans be submitted to staff for review prior to issuance of building permits. Variance: Before the Planning Commission may approve a variance, it must make a finding of fact that the evidence presented shows that the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; 2) That, because of the special circumstances, shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. Structural Setback Adjacent to Residential: The Zoning Code requires a minimum 20-foot structural setback between the one-story commercial building and the adjacent residential zone boundary. The existing two-story motel building is located six feet from the residential zone boundary. This proposed 12 foot, 3 inch high building, adjacent to the east property line, has a 10 foot structural setback that would be landscaped with trees and groundcover to provide a visual buffer between the motel and the residential use. Staff believes that the 10-foot setback is justified because the property has a narrow lot depth that precludes the development of the motel expansion in conformance with the Zoning Code. The property has a lot depth of 110 feet, whereas similar properties to the north and south of the property on the east side of Anaheim Boulevard have a lot depth of approximately 140 feet. The proposed motel expansion is single- story and would not visually intrude upon adjacent residential properties. Landscape Setback adjacent to Anaheim Boulevard: The Zoning Code requires no minimum structural setback for buildings fronting on Anaheim Boulevard. A 15-foot wide structural setback and a 1 to 15-foot wide landscape setback to the existing property line are proposed. Two new parking spaces would encroach nine feet into the required 10-foot wide landscape setback along Anaheim Boulevard, matching the existing parking spaces. A 1-foot wide, 3-foot high shrub, and three triangular shaped planters with trees would be located adjacent to Anaheim Boulevard. The corner adjacent to Anaheim Boulevard and Alberta Street would include a 15 foot wide landscaped planter including trees, shrubs and ground cover. When the motel was built CONDITIONAL USE PERMIT NO. 2015-05779 & VARIANCE NO. 2015-05002 July 27, 2015 Page 4 of 4 in 1959, the current location of the parking stalls conformed to the Zoning Code. Therefore, the location of the current parking spaces within the required landscape setback is legal non- conforming. Staff supports the variance permitting the encroachment of parking spaces into the required landscape setback because it is consistent with current site conditions, and the site is narrow in depth which limits the ability to provide a 10-foot wide landscape setback. Staff recommends approval of the variance request. CONCLUSION: Staff believes that the conditions exist for Planning Commission to make the required findings to approve this request. The expansion of the existing motel, including the requested variances, is compatible with existing and surrounding uses. Staff recommends approval of the conditional use permit and variance. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Development Summary 2. Draft Conditional Use Permit and Variance Resolution 3. Conditional Use Permit and Variance Justification Letter 4. Site, Floor and Elevation Plans 5. Site Photographs C-GCITY CENTERMOTEL C -G S I N G L E F A M I L Y R E S I D E N C E C-GRETAIL C-GSINGLE FAMILY RESIDENCE C-GDAY CARE C-GRELIGIOUS USE RS-3SINGLE FAMILY RESIDENCE RS-3DUPLEX RS-3DUPLEX RS-3SINGLE FAMILY RESIDENCE RS-3DUPLEX RS-3APTS6 DU C-GRESTAURANT RS-3SINGLE FAMILY RESIDENCE C - G A U T O D E A L E R S H I P C - G S I N G L E F A M I L Y R E S I D E N C E R S - 2 S I N G L E F A M I L Y R E S I D E N C E R S - 2 S I N G L E F A M I L Y R E S I D E N C E C - G S I N G L E F A M I L Y R E S I D E N C E R S - 2 S I N G L E F A M I L Y R E S I D E N C E C-GOFFICES R S - 3 R E L I G I O U S U S E RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-3DUPLEX RS-3DUPLEX RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE C-GRETAIL W A L B E R T A S T E A L B E R T A S T N Z E Y N S T W W I L H E L M I N A S T N C L A U D I N A S T E W I L H E L M I N A S T N A N A H E I M B L V D N . E A S T S T E. LA PALMA AVE N . H A R B O R B L V D W.LINC O L N A V E E. LIN COLN AV E W. LA PALMA AVE S . E A S T S TW. B R O A D W A Y E. B R OA D W AY N .A C A C I A S T W.BRO A D W A Y610 North Anaheim Boulevard DEV No. 2015-00005 Subject Property APN: 035-095-07035-095-15 °0 50 100 Feet Aerial Photo:May 2014 W A L B E R T A S T E A L B E R T A S T N Z E Y N S T W W I L H E L M I N A S T N C L A U D I N A S T E W I L H E L M I N A S T N A N A H E I M B L V D N . E A S T S T E. LA PALMA AVE N . H A R B O R B L V D W.LINC O L N A V E E. LIN COLN AV E W. LA PALMA AVE S . E A S T S TW. B R O A D W A Y E. B R OA D W AY N .A C A C I A S T W.BRO A D W A Y610 North Anaheim Boulevard DEV No. 2015-00005 Subject Property APN: 035-095-07035-095-15 °0 50 100 Feet Aerial Photo:May 2014 PROJECT SUMMARY CONDITIONAL USE PERMIT NO. 2015-05779 Development Standard Proposed Required Site Area 0.48 acres N/A Building Setbacks Anaheim Blvd. 15 feet* 0 feet Landscaping Setbacks 1 – 15 feet* 10 feet Building Setbacks Alberta Street 10 feet 10 feet Landscaping Setbacks 10 feet 10 feet Parking 21 spaces 21 spaces Building Height 12 feet, 3 inches 1 story (20 feet) * A six foot street dedication for future street improvements along Anaheim Boulevard is required as part of this request, which reduces the structural setback to 9 feet, and the landscape setback to 0 – 9 feet, as measured from the ultimate right-of-way. No street improvements are required as part of this development. ATTACHMENT NO. 1 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05779 AND VARIANCE NO. 2015-05002 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00005) (602 - 610 NORTH ANAHEIM BOULEVARD) 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- 05779 to expand an existing motel by adding seven additional rental units, and Variance No. 2015-05002 to allow (1) a building setback between the motel addition and the adjacent residential zone that is smaller than required by the Zoning Code, and (2) proposed parking spaces to encroach into the required landscape setback area adjacent to Anaheim Boulevard at 602-610 North Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of two parcels totaling approximately .48 acres, is currently developed with a motel and single family residence. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located within the "C-G" General Commercial Zone and is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Zoning Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 27, 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. Conditional Use Permit No. 2015-05779 and Variance No. 2015-05002, 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. 2015-05779, does find and determine the following: 1. The request for a conditional use permit to expand an existing motel by adding seven rental units is properly one for which a conditional use permit is authorized by Section 18.08.030 (Uses) of the Code, subject to imposition of conditions of approval. 2. The conditional use permit, under the conditions imposed would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located. The expansion of the motel combined with the existing motel is an appropriate use within the "C-G" General Commercial Zone; 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 motel and the proposed motel addition would be developed in a manner consistent with the existing motel; and 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 are consistent with the existing motel use; and 5. The granting of the Conditional Use Permit No. 2015-05779 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the subject site is developed with a motel and would continue to be compatible with the surrounding uses. WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Variance No. 2015-05002 to allow a structural setback between the motel addition and the adjacent residential zone that is smaller than required by the Zoning Code should be approved for the following reasons: SECTION NO. 18.08.060.0101 Minimum Structural Setback: (20-feet required; 10-feet proposed) 1) There are special circumstances applicable to this Property pertaining to lot width. The lot is narrow in width which restricts the ability to fully comply with the required setback. Further, this setback area is proposed to have dense landscaping to provide a visual screen between the new single-story structure and the adjacent residential properties. 2) That the strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity because the property has unique site constraints, due to the width of the lot, that precludes the structural setback area from being increased to meet current Code requirements. The lot is narrow in width which restricts the ability to fully comply with the required setback. - 3 - 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 pertaining to the request for Variance No. 2015-05002 to allow proposed parking spaces to encroach into the required landscape setback area adjacent to Anaheim Boulevard in order to construct a motel addition should be approved for the following reasons: SECTION NO. 18.08.060.020.0308 Permitted encroachment into required landscape setback: (Parking spaces not permitted; Parking spaces proposed) 1. That there are special circumstances applicable to this property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity because the width of the lot is smaller than other similar lots in the vicinity. 2. That the strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity because the property has unique site constraints, due to the width of the lot, that precludes the front landscape setback area from being increased to meet current Code requirements while maintaining required parking and vehicular circulation areas. 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. 2015-05779 and Variance No. 2015-05002, are hereby approved, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2015-05779 and Variance No. 2015-05002 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. - 4 - PC2015-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 27, 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 July 27, 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 27th day of July, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05779 VARIANCE NO. 2015-05002 (DEV2015-00005) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 Final architectural plans, including elevations, roof plans, fencing, and landscaping for the motel expansion building, shall be submitted to Planning Department for review and approval. Planning & Building Department, Planning Services Division 2 The legal property owner shall submit a Lot Line Adjustment for review and approval to merge the existing lots into one parcel. Public Works Department / Development Services 3 Landscape and Irrigation Plans for the parkway on Alberta Street shall be included in the project landscape plans for review and approval. Public Works Department / Development Services 4 The applicant shall submit a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall:  Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas.  Incorporate applicable Routine Source Control BMPs.  Incorporate Treatment Control BMPs.  Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. Public Works Department / Development Services 5 Red curb locations shall be clearly labeled on building plans. Public Works Department, Traffic Engineering 6 The legal property owner shall dedicate an easement, measured 53 feet from the centerline of Anaheim Boulevard (excluding the existing structure up to the roof overhang), to the City of Anaheim for street right of way in conformance to city code. The existing pole Public Works Department / Development Services - 7 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT sign and parking stalls will be within the new right of way until street improvements are constructed at a future date. The Right of Way Easement Dedication application and Encroachment License application packages shall be submitted concurrently to Public Works, Real Property Section. The executed deed and Encroachment License must be approved prior to issuance of building permit. 7 The Owner shall contact the Water Engineering Division of the Anaheim Public Utilities Department to determine the need to install an approved backflow prevention assembly on the water service connection(s) serving the property behind property line and building setback in accordance with the requirements of the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Water Engineering 8 The owner shall submit a set of improvement plans to the Water Engineering Division of the Anaheim Public Utilities Department for review and approval in determining the conditions necessary for providing water service to the project. Public Utilities Water Engineering 9 A private water system with separate water service for fire protection and domestic water shall be provided and shown on plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Water Engineering 10 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division of the Anaheim Public Utilities Department outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities Water Engineering 11 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines shall be coordinated and permitted through the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Water Engineering 12 All existing water services and fire shall conform to current Water Services Standard Specification. Any water service and/or fire line that does not meet current standards shall be upgraded if continued Public Utilities Water Engineering - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT use if necessary or abandoned if the existing service is long longer needed. The owner/developer shall be responsible for the costs to upgrade or abandon any water service or fire line. 13 The owner shall submit to the Water Engineering Division of the Anaheim Public Utilities Department an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities Water Engineering 14 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules and Regulations. Public Utilities Water Engineering 15 Applicant shall contact the Water Engineering Division of the Anaheim Public Utilities Department for recycled water system requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. Public Utilities Water Engineering PRIOR TO OCCUPANCY 16 The vending machine enclosure area adjacent to the motel office and all unpermitted “rider” signs located on the pole sign shall be removed. Planning & Building Department, Code Enforcement Division OPERATIONAL CONDITIONS 17 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Public Works Department, Traffic Engineering 18 The parking areas shall be developed and maintained in conformance with Engineering Standard Details 436 and 470 pertaining to parking standards. Public Works Department, Traffic Engineering 19 A trash enclosure shall be constructed and maintained in in accordance with City Standard Details. The bin in the enclosure must be located within 25 feet of the trash truck circulation path. Public Works, Street & Sanitation/ Operations - 9 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 20 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 21 All guest room doors to have adequate privacy locks and security hardware, e.g. deadbolt locks. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. Police Department 22 Wide-angle peepholes or other viewing device shall be installed in solid doors where natural surveillance is compromised. This applies to all guest rooms. Police Department 23 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department 24 File Emergency Listing Card, Form APD-281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678. This card should include on and off site property management contact information for regular business hours as well as emergency after hours contacts. Police Department 25 “No Trespassing 602(k) P.C.” posted at the entrances of the parking lot. Signs must be at least 12” wide x 24” high in overall size, with white background and black 2” lettering. Police Department 26 Entrances to parking lot should be posted with appropriate signs per Section 22658(a) of the California Vehicle Code to assist in removal of vehicles at the property owner’s/manager’s request. Police Department 27 Address numbers shall be positioned so as to be readily readable from the street. Number shall be illuminated during hours of darkness. Police Department 28 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 - 10 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 Rooftop address numbers for the police helicopter. Minimum size 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. Police Department 30 Adequate lighting of circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Police Department GENERAL 31 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 7 ( Plan), and as conditioned herein. Planning & Building Department, Planning Services Division 32 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 & Building Department, Planning Services Division 33 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 & Building Department, Planning Services Division 602 N. ANAHEIM BLVD. / PARAGON DESIGN, INC. Page 1 of 2 PARAGON DESIGN, INC. 3435 Wilshire Blvd. #2905 Los Angeles, CA 90010 Tel. (213) 388-5807 Fax. (213) 386-4052 paragon_kwon1205@gmail.com 602 N. Anaheim Blvd. Anaheim, CA 92805 APN 035-095-07 Conditional Use Permit and Variance Request Justification/Findings As required by Table 8-A under Section 18.08.030, we hereby request a Conditional Use Permit with the City of Anaheim for constructing additional rental units at 602 N. Anaheim Blvd. for the existing City Center Motel at 610 N. Anaheim Blvd. Additionally, we request a Variance from the number of parking spaces and landscape setback requirements set forth by Section 18.42.040, 18.42.050 and 18.46.060. Specific Variance requests are the following: (1) To allow one less parking space from the required parking spaces. (2) To encroach into the 15’-0” landscape setback along Anaheim Blvd. to allow additional parking spaces. Background The subject property is a rectangular-shaped, 0.13-acre corner parcel at the intersection of North Anaheim Boulevard and East Alberta Street in the Anaheim Colony Historic District. The applicant, Mr. Jayantilal Patel, has been operating a motel business at the lot adjacent to the north of the property on Anaheim Blvd. at 610 N. Anaheim Blvd. for many years, serving visitors to the neighborhood and supporting local businesses. The existing unit consists of two buildings: (1) a one-story, 8-unit, 2,000 sq. ft. building and (2) a two-story, 12-unit, 1,600 sq. ft. building. Mr. Patel seeks to expand the motel by building additional rental units at 602 N. Anaheim Blvd. in the form of an extension to the existing two-story building as he sees the demand for more rental units to serve the area. The addition is proposed to be one story with 7 rental units of average area ±309 square feet per unit (refer to breakdown into two types of rental units, see plans): a total of 7 rental units, 2,160 square feet of total net floor area. The property and all the nearby parcels along Anaheim Boulevard from La Palma Avenue to the north to Lincoln Boulevard to the south, including the parcels to the west of the subject property across Anaheim Boulevard, are C-G zone. Parcels to the east of the property are R-3 zone. There are concrete block walls and evergreen tree screens separating the motel from the abutting residential properties. Immediately adjacent to the proposed addition, there is a single family dwelling with a side yard of about 15 feet in width between the structures. Abutting the existing motel structure is a multi-family dwelling with its rear facing the rear of the motel. Most ATTACHMENT NO. 3 602 N. ANAHEIM BLVD. / PARAGON DESIGN, INC. Page 2 of 2 other properties in the R-3 zone are single family or multi-family complexes; in the C-G zone along Anaheim Boulevard, a mix of houses and different commercial/office buildings. Findings In order to provide required parking spaces on site per Section 18.42.040 (Table 42-A), 20 parking spaces are required to fulfill the city of Anaheim municipal code for the motel facility. Although; twenty parking spaces are required by city of Anaheim code, past experiences supports that absence of one parking space will not cause an overloaded of parking spaces. Even during the peak time of the business, nineteen parking spaces are sufficient enough since most of the customer populations are tourists. In order to provide parking on site per Section 18.42.050.020 and 18.42.060 while preserving orderly and efficient circulation and the general characteristic of both the subject premises and other commercial properties in the surrounding area and providing adequate parking for the customers, parking is proposed to encroach into landscape setback along Anaheim Blvd. All other parking lot landscaping and screening provisions per Section 18.46 will be fulfilled. With the entrance facing Anaheim Boulevard and with proximity to Lincoln Bouleveard, the motel provides an easy passage to and from the city core, other arterial roads and major freeways. We propose ample parking spaces for the rental units so that the proposed addition will not cause any increase in demand for on-street parking around the area. Also, as the motel is away from the more clustered and busier areas of the City, the addition will not cause more strain on the existing traffic. With the motel's proximity to a residential area, noise is undoubtedly a concern. For this reason, we propose to limit both the existing building and the proposed addition in number and size of windows at the rear of the building. Also, the property will have landscape screening to the rear of the property and along Alberta Street. Moreover, the motel manager resides on the property to monitor and keep conditions in check. As the City of Anaheim is predicting and planning for a greater growth in Downtown Anaheim area, the Platinum Triangle and the South Anaheim Boulevard Corridor, it is logical to also project a greater demand in lodging. The proposed motel addition is located advantageously: while it is not located within the focused development areas, its close proximity to the downtown core on Anaheim Boulevard enables it to serve as a bridge to the more visited parts listed above.At the same time, by providing a more affordable lodging option than the hotels and motels located within the bustle of the tourist/visitor destinations, the motel will make visiting and staying in the City of Anaheim more attractive.The addition will also continue the appearance of the existing building, which is consistent with the architectural character of the historic Anaheim Colony district. Moreover, by nature as a business, the proposed development will maintain attractive landscaping and overall appearance, contributing to a more pedestrian friendly development that the City desires for the neighborhood according to the City of Anaheim General Plan. 61'-6"24'-0 " 9 8 ' - 9 " 1 8 4 ' - 3 " 1 0 ' - 0 " S I D E S E T B A C K 77'-9" 102'-9" 54'-0" 1 3 0 ' - 3 " 142'-8"18'-0" 22'-3" 1 2 ' - 1 1 " 1 2 ' - 1 1 " 1 2 ' - 1 1 " N E W E X I S T I N G (E) LANDSCAPE ( E ) L A N D S C A P E E X I S T I N G R E N T A L U N I T S ( 1 2 U N I T S ) EXISTING RENTAL UNITS(6UNITS)EXISTINGMANAGER'SOFFICE (E) LANDSCAPE (E) LANDSCAPE (E) LANDSCAPE T O T A L P A R K I N G ( 2 0 S P A C E S + 1 A D A ) 5'-0" 6 8 ' - 4 " 5 1 ' - 1 1 " 15'-0" FRONT SETBACK 10'-0" REAR SETBACK 1 0 ' - 0 " S I D E S E T B A C K L A N D S C A P E 39'-11"8'-6"TYP. 18'-0" TYP. (E) DRIV E W A Y (N) LANDSCAPE (E) 3'-0" WIDE SIDEWALK (E) SIDEWALK ( E ) S I D E W A L K UP30'-6"4'-4"22'-3"4'-5"3'-0"4'-1"129'-10"8'-8"ANAH E I M B L V D E ALBERTA ST N E W S H R U B S T O M A T C H E X I S T I N G , 3 0 " H I G H T Y P . 26'-7"27'-5"NEW SHRUBS N E W C O N S T R U C T I O N A R E A 10'-0" 4 6 ' - 6 " 5 2 ' - 3 " 4'-4"28'-10"28'-4" A - 4 . 0 B A - 4 . 0 A 1 3 ' - 2 " (E) STORAGE 101 8 ' - 6 " T Y P . 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 18'-0" TYP. 6 2 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 8 ' - 0 " 8 ' - 6 " 8 ' - 6 " 7'-8" 24'-5" 3S4S 5 S 6 S 7 S 8 S 9 S 1 0 S 1 1 S 1 2 S 1 3 S 1 4 S 1 5 S 1 6 S 1 7 S 1 8 S ( N ) L A N D S C A P E ( N ) L A N D S C A P E 17'-0"16'-7"17'-0" (E) MOTEL SIGNPOLE 8'-6"8'-0"9'-0"5'-0"1S 1 9 S 8'-6"(N) TRASH NEW CONSTRUCTION AREA (N) LANDSCAPE 3 ' - 0 " 3 ' - 0 " (N) STORAGE 102EXISTING UNIT CONVERTEDTO NEW STORAGE (E) MANHOLE(E) SIDEWALK LANDSCAPE 5'-0"8'-6" 5 ' - 0 " 5'-0" 4 ' - 0 " (E) SIDEWALK LANDSCAPE (E) SIDEWALK LANDSCAPE 13'-11"3'-10" 3 ' - 0 " 3 ' - 0 " 6 " 2 2 ' - 3 " T Y P . BUILDING 'A' B U I L D I N G ' B ' 2S 16'-10"8'-6"4'-2"NEW SHRUBS TO MATCHEXISTING, 30" HIGH TYP.EXISTING SHRUBS,6'-0" HIGHEXISTING SHRUBS(6'-0" HIGH)(30" HIGH)(E) GATE8'-6"TYP.20S18'-0"TYP.11'-6"12'-4"2'-2"8'-0"2'-2"5'-2"16'-3"18'-6" 58'-0" S I T E S H E E T T I T L E 2 3 1 B L D G . D A T E : S U B M I T T A L B I D D A T E : R E V I S I O N S P R O J E C T N O . : S C A L E : A S S H O W N O N P L A N D R A W N : S H E E T N O . 1 . 2 0 . 2 0 1 5 4 5 2 0 1 4 _ C - M _ 0 1 3435 WILSHIRE BLVD., SUITE 2905 TEL: 213) 388-5807 FAX: 213) 386-4052 PARAGON P R O J E C T ANAHEIM, CA 92805 602 N. ANAHEIM BLVD. CITY CENTER MOTEL RENOVATION LOS ANGELES, CA 90010 These drawings and/or specifications are instructions of service and are the property of PARAGON DESIGN INC. All information contained herewith is restricted to use on the specified site and project. Federal law prohibits the reproductive display, sale, or other diposition of these documents without the expressed written permission of PARAGON DESIGN INC. 5 . 2 8 . 2 0 1 5 S I T E P L A N A 2 . 0 P A R K I N G R E Q U I R E D R A T I O : E M P L O Y E E U S E : G U E S T U S E : P A R K I N G R E Q U I R E D : 0 . 2 5 / E A C H E M P L O Y E E 0 . 8 / G U E S T R O O M ( 0 . 2 5 x 4 ) + ( 0 . 8 x 2 5 ) 2 1 S T A L L S P A R K I N G P R O V I D E D ( N ) S T A N D A R D : ( N ) D I S A B L E D A C C E S S : T O T A L : 2 0 S T A L L S 1 S T A L L 2 1 P A R K I N G S T A L L S S C A L E : 1 / 8 " = 1 ' - 0 " P R O P O S E D S I T E P L A N V I C I N I T Y M A P N . T . S . P R O J E C T D A T A P R O J E C T A D D R E S S : 6 0 2 N A N A H E I M B L V D . A N A H E I M , C A 9 2 8 0 5 P R O J E C T D E S C R I P T I O N : A D D I T I O N F O R A D D I T I O N A L R E N T A L U N I T S L O T A R E A : 2 1 , 0 3 5 S F C - G N U M B E R O F U N I T : E X I S T I N G U N I T - 1 8 U N I T S N E W U N I T - 7 U N I T S O C C U P A N C Y G R O U P : R - 1 T Y P E O F C O N S T R U C T I O N : T Y P E V - A B U I L D I N G C O D E : C B C 2 0 1 3 E D I T I O N A M C 2 0 1 0 E D I T I O N Z O N E : S C O P E O F W O R K 1 . E X I S T I N G 1 7 S T A N D A R D P A R K I N G A N D 1 A C C E S S I B L E P A R K I N G L A Y O U T H A S B E E N C H A N G E D T O N E W 2 0 S T A N D A R D P A R K I N G A N D 1 A C C E S S I B L E P A R K I N G . ( E X I S T I N G A C C E S S I B L E P A R K I N G R E L O C A T E D I N F R O N T O F M A N A G E R ' S O F F I C E ) 2 . O N E R E N T A L U N I T A D J A C E N T T O ( E ) S T O R A G E R O O M C O N V E R T E D T O ( N ) S T O R A G E R O O M ( B U I L D I N G ' A ' P R O V I D E S 6 R E N T A L U N I T S A N D B U I L D I N G ' B ' R E M A I N S T H E S A M E ( 1 2 R E N T A L U N I T S ) . T O T A L : [ ( E ) 1 8 U N I T S + ( N ) 7 U N I T S ] 3 . E X I S T I N G T R A S H E N C L O S U R E R E L O C A T E D T O T H E C O R N E R O F A N A H E I M B L V D . A N D A L B E R T A S T . 4 . N E W 1 - S T O R Y R E N T A L B U I L D I N G H E I G H T I S 1 2 ' - 3 " 5 . A P P R O X I M A T E L Y 2 , 3 0 0 S Q . F T . R E N T A L A R E A I N C R E A S E D P E R N E W A D D I T I O N 6 . P R O V I D E D D E N S E L A N D S C A P I N G C O R N E R O F A N A H E I M B L V D . A N D A L B E R T A S T . A T T A C H M E N T N O . 4 61'-6"24'-0 " 9 8 ' - 9 " 1 8 4 ' - 3 " 1 0 ' - 0 " S I D E S E T B A C K 77'-9" 102'-9" 1 3 0 ' - 3 " 142'-8"18'-0" 5 3 ' - 5 " N E W E X I S T I N G (E) LANDSCAPE ( E ) L A N D S C A P E EXISTING RENTAL UNITS(6UNITS)EXISTINGMANAGER'SOFFICE T O T A L P A R K I N G ( 2 0 S P A C E S + 1 A D A ) 6 8 ' - 4 " 5 1 ' - 1 1 " 15'-0" FRONT SETBACK 10'-0" REAR SETBACK 1 0 ' - 0 " S I D E S E T B A C K L A N D S C A P E 39'-11"8'-6"TYP. 18'-0" TYP. (E) DRIV E W A Y (N) LANDSCAPE (E) 3'-0" WIDE SIDEWALK (E) SIDEWALK ( E ) S I D E W A L K 30'-6"4'-1"129'-10"8'-8"ANAH E I M B L V D E ALBERTA ST N E W S H R U B S T O M A T C H E X I S T I N G , 3 0 " H I G H T Y P . 4 6 ' - 6 " 5 2 ' - 3 " 4'-4"28'-10"28'-4" A - 4 . 0 B A - 4 . 0 A (E) STORAGE 101 8 ' - 6 " T Y P . 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 18'-0" TYP. 6 2 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 ' - 6 " 8 8 ' - 0 " 8 ' - 6 " 8 ' - 6 " 24'-5" 3S4S 5 S 6 S 7 S 8 S 9 S 1 0 S 1 1 S 1 2 S 1 3 S 1 4 S 1 5 S 1 6 S 1 7 S 1 8 S ( N ) L A N D S C A P E ( N ) L A N D S C A P E (E) MOTEL SIGNPOLE 8'-6"8'-0"9'-0"5'-0"1S 1 9 S 8'-6" (N) LANDSCAPE 3 ' - 0 " 3 ' - 0 " (N) STORAGE 102EXISTING UNIT CONVERTEDTO NEW STORAGE (E) MANHOLE(E) SIDEWALK LANDSCAPE 5'-0" (E) SIDEWALK LANDSCAPE (E) SIDEWALK LANDSCAPE 16'-10" 3 ' - 0 " 3 ' - 0 " 6 " 8'-6"80'-9" (E) LANDSCAPE (E) LANDSCAPE (E) LANDSCAPE 2 7 ' - 9 " SLOPE SLOPE SLOPE S L O P E SLOPE SLOPE S L O P E S L O P E 2SNEW SHRUBS NEW SHRUBS TO MATCHEXISTING, 30" HIGH TYP.EXISTING SHRUBS,6'-0" HIGHEXISTING SHRUBS(6'-0" HIGH)(30" HIGH) SLOPE (N) TRASH(E) GATE8'-6"TYP.20S18'-0"TYP.4'-4"22'-3"4'-5"3'-0"26'-7"27'-5"7'-8"12'-4"2'-2"8'-0"2'-2"8'-6"11'-6"5'-2"16'-3"18'-6" 58'-0" S H E E T T I T L E 2 3 1 B L D G . D A T E : S U B M I T T A L B I D D A T E : R E V I S I O N S P R O J E C T N O . : S C A L E : A S S H O W N O N P L A N D R A W N : S H E E T N O . 1 . 2 0 . 2 0 1 5 4 5 2 0 1 4 _ C - M _ 0 1 3435 WILSHIRE BLVD., SUITE 2905 TEL: 213) 388-5807 FAX: 213) 386-4052 PARAGON P R O J E C T ANAHEIM, CA 92805 602 N. ANAHEIM BLVD. CITY CENTER MOTEL RENOVATION LOS ANGELES, CA 90010 These drawings and/or specifications are instructions of service and are the property of PARAGON DESIGN INC. All information contained herewith is restricted to use on the specified site and project. Federal law prohibits the reproductive display, sale, or other diposition of these documents without the expressed written permission of PARAGON DESIGN INC. 5 . 2 8 . 2 0 1 5 R O O F P L A N A 2 . 0 1 S C A L E : 1 / 8 " = 1 ' - 0 " P R O P O S E D R O O F P L A N E X I S T I N G R E N T A L U N I T S ( 1 2 U N I T S ) U P 5 ' - 0 " 5'-0" 3 ' - 1 0 " U N I T - 2 U N I T - 3 U N I T - 4 U N I T - 1 “      6 ) “      6 ) “      6 ) “      6 ) A - 4 . 0 B A - 4 . 0 A N E W E X I S T I N G 1 3 ' - 2 " 1 2 ' - 1 1 " 1 2 ' - 1 1 " 3 ' - 1 0 " 7 0 ' - 7 " 1 2 6 ' - 4 " 1 2 ' - 1 1 " 7 4 ' - 5 " 5 1 ' - 1 1 " 22'-3" 82'-0" 4'-3" 27'-3" 8'-6"13'-9"5'-0" 2 2 ' - 3 " 17'-0"16'-7"22'-0" 5'-0"17'-0" U N I T - 5 “      6 ) U N I T - 6 “      6 ) U N I T - 7 “      6 ) ( E ) L A N D S C A P E ( E ) L A N D S C A P E ( N ) L A N D S C A P E ( N ) L A N D S C A P E 4 ' - 0 " 2 6 ' - 3 " ( T Y P E ' A ' ) ( T Y P E ' A ' ) ( T Y P E ' A ' ) ( T Y P E ' A ' ) ( T Y P E ' B ' ) ( T Y P E ' B ' ) ( T Y P E ' B ' ) 3 ' - 7 " 4'-7" 13'-4"5'-0"16'-5"21'-5"4 1/4"2'-11"11 1/2"4'-0"4'-3 1/4"12'-6"22'-3"4'-5"8'-11"5'-10"16'-5"22'-3"17'-2 1/4"8'-11"8'-3 1/4"5'-10"16'-5"16'-4 1/4"8'-1"4'-0"12"2'-11"4 1/4"21'-5"16'-0"5'-5" S H E E T T I T L E 2 3 1 B L D G . D A T E : S U B M I T T A L B I D D A T E : R E V I S I O N S P R O J E C T N O . : S C A L E : A S S H O W N O N P L A N D R A W N : S H E E T N O . 1 . 2 0 . 2 0 1 5 4 5 2 0 1 4 _ C - M _ 0 1 3435 WILSHIRE BLVD., SUITE 2905 TEL: 213) 388-5807 FAX: 213) 386-4052 PARAGON P R O J E C T ANAHEIM, CA 92805 602 N. ANAHEIM BLVD. CITY CENTER MOTEL RENOVATION LOS ANGELES, CA 90010 These drawings and/or specifications are instructions of service and are the property of PARAGON DESIGN INC. All information contained herewith is restricted to use on the specified site and project. Federal law prohibits the reproductive display, sale, or other diposition of these documents without the expressed written permission of PARAGON DESIGN INC. 5 . 2 8 . 2 0 1 5 1 S T F L O O R P L A N A 2 . 1 U N I T P L A N S C A L E : 1 / 8 " = 1 ' - 0 " 1 S T F L O O R P L A N SCALE:1/4" = 1'-0"ENLARGED TYPICAL UNIT PLAN 'A'SCALE:1/4" = 1'-0"ENLARGED TYPICAL UNIT PLAN 'B' 9'-9"9'-9"3'-0" 22'-6" 1 S T F . F . 2 N D F . F . 9'-3"9'-3" R O O F E X I S T I N G S H I N G L E R O O F N E W E X I S T I N G N E W F R O N T S I D E D O O R T O M A T C H E X I S T I N G , T Y P . N E W S H I N G L E R O O F T O M A T C H E X I S T I N G N E W S T U C C O F I N . T O M A T C H E X I S T I N G N E W F R O N T S I D E W I N D O W 12'-3" 9'-3"3'-0" 1 S T F . F . N E W C O L U M N T O M A T C H E X I S T I N G , T Y P . N E W E X I S T I N G 9'-3"3'-0" 12'-3" 1 S T F . F . E X I S T I N G S T U C C O F I N . ( E ) S H I N G L E R O O F ( E ) H A N D R A I L / G U A R D R A I L N E W S T U C C O F I N . T O M A T C H E X I S T I N G 9'-9"9'-9"3'-0" 22'-6" 1 S T F . F . 2 N D F . F . R O O F N E W S H I N G L E R O O F T O M A T C H E X I S T I N G N E W R E A R S I D E W I N D O W T O M A T C H E X I S T I N G , T Y P . S H E E T T I T L E 2 3 1 B L D G . D A T E : S U B M I T T A L B I D D A T E : R E V I S I O N S P R O J E C T N O . : S C A L E : A S S H O W N O N P L A N D R A W N : S H E E T N O . 1 . 2 0 . 2 0 1 5 4 5 2 0 1 4 _ C - M _ 0 1 3435 WILSHIRE BLVD., SUITE 2905 TEL: 213) 388-5807 FAX: 213) 386-4052 PARAGON P R O J E C T ANAHEIM, CA 92805 602 N. ANAHEIM BLVD. CITY CENTER MOTEL RENOVATION LOS ANGELES, CA 90010 These drawings and/or specifications are instructions of service and are the property of PARAGON DESIGN INC. All information contained herewith is restricted to use on the specified site and project. Federal law prohibits the reproductive display, sale, or other diposition of these documents without the expressed written permission of PARAGON DESIGN INC. 5 . 2 8 . 2 0 1 5 S C A L E : 1 / 8 " = 1 ' - 0 " W E S T E L E V A T I O N E L E V A T I O N S A 3 . 0 S C A L E : 1 / 8 " = 1 ' - 0 " E A S T E L E V A T I O N ( E ) S T U C C O F I N . ( E ) S H I N G L E R O O F ( E ) S I D E W I N D O W ( E ) H A N D R A I L 9'-9"9'-9"3'-0" 22'-6" 1 S T F . F . 2 N D F . F . R O O F N E W S H I N G L E R O O F T O M A T C H E X I S T I N G N E W F R O N T S I D E D O O R T O M A T C H E X I S T I N G , T Y P . N E W S T U C C O F I N . T O M A T C H E X I S T I N G 12'-3" 9'-3"3'-0" 1 S T F . F . N E W F R O N T S I D E W I N D O W ( E ) S I D E W I N D O W ( E ) S H I N G L E R O O F 9'-9"9'-9"3'-0" 22'-6" 1 S T F . F . 2 N D F . F . R O O F N E W S H I N G L E R O O F T O M A T C H E X I S T I N G 9'-3"3'-0" 12'-3" 1 S T F . F . N E W S T U C C O F I N . T O M A T C H E X I S T I N G E X I S T I N G S T U C C O F I N . ( E ) G U A R D R A I L S H E E T T I T L E 2 3 1 B L D G . D A T E : S U B M I T T A L B I D D A T E : R E V I S I O N S P R O J E C T N O . : S C A L E : A S S H O W N O N P L A N D R A W N : S H E E T N O . 1 . 2 0 . 2 0 1 5 4 5 2 0 1 4 _ C - M _ 0 1 3435 WILSHIRE BLVD., SUITE 2905 TEL: 213) 388-5807 FAX: 213) 386-4052 PARAGON P R O J E C T ANAHEIM, CA 92805 602 N. ANAHEIM BLVD. CITY CENTER MOTEL RENOVATION LOS ANGELES, CA 90010 These drawings and/or specifications are instructions of service and are the property of PARAGON DESIGN INC. All information contained herewith is restricted to use on the specified site and project. Federal law prohibits the reproductive display, sale, or other diposition of these documents without the expressed written permission of PARAGON DESIGN INC. 5 . 2 8 . 2 0 1 5 S C A L E : 1 / 8 " = 1 ' - 0 " N O R T H E L E V A T I O N A 3 . 1 S C A L E : 1 / 8 " = 1 ' - 0 " S O U T H E L E V A T I O N E L E V A T I O N S N E W E X I S T I N G 9'-9"9'-9"3'-0" 22'-6" 2 N D F . F . R O O F 12'-3" 9'-3"3'-0" 1 S T F . F . 12'-3" 9'-3"3'-0" 1 S T F . F . S H E E T T I T L E 2 3 1 B L D G . D A T E : S U B M I T T A L B I D D A T E : R E V I S I O N S P R O J E C T N O . : S C A L E : A S S H O W N O N P L A N D R A W N : S H E E T N O . 1 . 2 0 . 2 0 1 5 4 5 2 0 1 4 _ C - M _ 0 1 3435 WILSHIRE BLVD., SUITE 2905 TEL: 213) 388-5807 FAX: 213) 386-4052 PARAGON P R O J E C T ANAHEIM, CA 92805 602 N. ANAHEIM BLVD. CITY CENTER MOTEL RENOVATION LOS ANGELES, CA 90010 These drawings and/or specifications are instructions of service and are the property of PARAGON DESIGN INC. All information contained herewith is restricted to use on the specified site and project. Federal law prohibits the reproductive display, sale, or other diposition of these documents without the expressed written permission of PARAGON DESIGN INC. 5 . 2 8 . 2 0 1 5 S C A L E : 1 / 8 " = 1 ' - 0 " S E C T I O N A S E C T I O N S A 4 . 0 S C A L E : 1 / 8 " = 1 ' - 0 " S E C T I O N B A T T A C H M E N T N O . 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.