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PC 2015/11/02 City of Anaheim Planning Commission Agenda Monday, November 2, 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 and Building 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, October 29, 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 and Building 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 11/02/15 Page 2 of 6 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. 11/02/15 Page 3 of 6 Public Hearing Items ITEM NO. 2 RECLASSIFICATION NO. 2015-00280 CONDITIONAL USE PERMIT NO. 2015-05787 TENTATIVE TRACT MAP NO. 17882 (DEV2015-00057) Location: 1609 and 1615 West Cerritos Avenue Request: To rezone the property from the Single-Family, Residential (RS-2) zone to the Single–Family, Residential (RS-4) zone and to permit and establish a 12-unit small– lot residential subdivision with modifications to development standards. 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 32 (In-Fill Development Projects) Categorical Exemption. This item was continued from the September 21, 2015 and October 19, 2015 Planning Commission meetings. Motion Request for continuance to December 14, 2015 Project Planner: Amy Stonich astonich@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 1704A VARIANCE NO. 2015-05034 (DEV2015-00093) Location: 2626-2628 West La Palma Avenue Request: To amend a conditional use permit to expand an existing full service restaurant within an existing commercial retail center with sales of alcoholic beverages for on-site consumption with fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Amy Stonich astonich@anaheim.net 11/02/15 Page 4 of 6 ITEM NO. 4 VARIANCE NO. 2015-05025 (DEV2015-00043) Location: 105 East Leatrice Lane Request: To allow for the construction of a three-unit apartment complex with structural and landscape setbacks smaller than required by the Zoning Code and recreational-leisure areas less 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 3 (New Construction or Conversion of Small Structures) Categorical Exemption. Resolution No. ______ Project Planner: Amy Stonich astonich@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2716C VARIANCE NO. 2015-05016 (DEV2015-00046) Location: 8323 East La Palma Avenue Request: To expand an existing automobile dealership and to allow more wall signs than permitted by the Zoning Code (Weir Canyon Honda). 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 11/02/15 Page 5 of 6 ITEM NO. 6 ZONING CODE AMENDMENT NO. 2015-00129 (DEV2015-00095) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying the following Zoning Code chapters related to: 1) regulations for automotive sales agency offices: Chapters 18.04 (Single-Family Residential Zones), 18.06 (Multiple-Family Residential Zones), 18.08 (Commercial Zones), 18.10 (Industrial Zones), 18.16 (Regulatory Permits), 18.30 (Downtown Mixed Use (DMU) Overlay Zone), 18.32 (Mixed Use (MU) Overlay Zone), 18.36 (Types of Uses), and 18.38 (Supplemental Use Regulations); 2) development standards for special area setbacks: Chapters 18.20 (Platinum Triangle Mixed Use Overlay Zone) and 18.40 (General Development Standards); 3) floor area ratios: Chapters 18.08 (Commercial Zones), 18.10 (Industrial Zones) and 18.40 (General Development Standards); 4) projecting signs and coordinated sign programs: Chapter 18.44 (Signs); 5) fireworks stands: Chapter 18.08 (Commercial Zones) and 18.38 (Supplemental Use Regulations); and 6) commercial placemaking uses: Chapter 18.92 (Definitions). Environmental Determination: The Planning Commission will consider whether to find the Zoning Code Amendment to be Exempt from the provisions of the California Environmental Quality Act (CEQA) under Sections 15060(c)(2) and 15060(c)(3) of the Public Resources Code. This item was continued from the September 21, 2015 Planning Commission meeting; and continued from the October 5, 2015 meeting due to a lack of a quorum. And, the item was continued from the October 19, 2015 Planning Commission meeting. Motion Project Planner: Gustavo Gonzalez ggonzalez@anaheim.net Adjourn to Monday, November 16, 2015 at 5:00 p.m. 11/02/15 Page 6 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 11:00 a.m. October 28, 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 & Building 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 AND BUILDING DEPARTMENT DATE: NOVEMBER 2, 2015 SUBJECT: RECLASSIFICATION NO. 2015-00280 TENTATIVE TRACT MAP NO. 17882 AND CONDITIONAL USE PERMIT NO. 2015-05804 LOCATION: 1609 and 1615 West Cerritos Avenue APPLICANT/PROPERTY OWNER: The property owner is En K. Ha and the applicant is Jeff Weber, representing Silveroak Corporation. REQUEST: The applicant requests approval of the following applications: 1) A Zoning Reclassification of the property from the Single Family Residential (RS-2) zone to the Single Family Residential (RS-4) zone; 2) A Tentative Tract Map to establish a 12-lot residential subdivision; and, 3) A Conditional Use Permit to permit a 12-unit, detached, small-lot single family residential project with modified development standards. DISCUSSION: This item was continued from the September 21, 2015 and October 19, 2015 Planning Commission meetings. The applicant has submitted a request to continue this hearing to December 14, 2015 Planning Commission meeting to allow additional time to address outstanding issues with the proposed site plan in response to comments and concerns that were received from the surrounding community. RECOMMENDATION: Staff recommends that this hearing be continued to the December 14, 2015 Planning Commission meeting as requested by the applicant. Prepared by, Submitted by, Amy Stonich, AICP Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Applicant’s Request for Continuance RS-2SINGLE FAMILY RESIDENCE RS-2DAY CARE 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 RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE 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 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 RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE S D O R I S P L S L O A R A S TS A D R I A S T W HARRIET LN W LULLABY LN W BUENA VISTA AVE W MELLS LN W CERRITOS AVE W. BALL RD W. KATELLA AVE S . E U C L I D S T S . W A L N U T S T S . B R O O K H U R S T S T S . D I S N E Y L A N D D R 1609 & 1615 West Cerritos Avenue DEV No. 2015-00057 Subject Property APN: 129-212-31129-212-32 °0 50 100 Feet Aerial Photo:May 2014 S D O R I S P L S L O A R A S TS A D R I A S T W HARRIET LN W LULLABY LN W BUENA VISTA AVE W MELLS LN W CERRITOS AVE W. BALL RD W. KATELLA AVE S . E U C L I D S T S . W A L N U T S T S . B R O O K H U R S T S T S . D I S N E Y L A N D D R 1609 & 1615 West Cerritos Avenue DEV No. 2015-00057 Subject Property APN: 129-212-31129-212-32 °0 50 100 Feet Aerial Photo:May 2014 ATTACHMENT NO. 1 200 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 AND BUILDING DEPARTMENT DATE: NOVEMBER 2, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 1704A AND VARIANCE NO. 2015-05034 LOCATION: 2626-2628 West La Palma Avenue (Kenyan Cuisine) APPLICANT/PROPERTY OWNER: The applicant is George Mayer of Coastline Equity and the property owner is Vemanti Capital Partners, LLC. REQUEST: The applicant requests to amend a conditional use permit to expand an existing full service restaurant within a retail center, to include the sales of alcoholic beverages for on-site consumption, with fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit 1704A and Variance No. 2015-05034. BACKGROUND: This 0.72-acre site is developed with a retail center with eight tenant spaces. The property is located within the “C-G” General Commercial zone and the General Plan designates this property for Neighborhood Center land uses. This property is surrounded by retail land uses on all four sides. On May 9 1977, the Planning Commission approved Conditional Use Permit No. 1704 to permit on-sale beer and wine in the existing restaurant at 2626 West La Palma Avenue. On September 3, 1998, the Zoning Administrator approved Conditional Use Permit No. 4053 to permit on-premises sale and consumption of beer and wine in conjunction with an existing full-service restaurant at 2628 West La Palma Avenue with waiver of the minimum number of parking spaces; this permit will be terminated and replaced with a new conditional use permit in conjunction with this application. CONDITIONAL USE PERMIT NO. 1704A AND VARIANCE NO. 2015-05034 November 2, 2015 Page 2 of 4 PROPOSAL: The applicant proposes to expand the existing Kenyan Cuisine restaurant into the adjacent tenant space at 2628 West La Palma Avenue. The applicant also proposes to sell alcoholic beverages for on-site consumption within the proposed 1,658 square foot restaurant. Kenyan Cuisine has been operating at the current location since 2009 as a full service, family- owned restaurant specializing in authentic Kenyan cuisine. The applicant offers alcoholic beverages to customers to complement the food served at the restaurant. The restaurant is open Monday through Thursday from 4:00 p.m. to 10:00 p.m., Friday and Saturday from 3:00 p.m. to 12:00 a.m., and Sunday from 3:00 p.m. to 10:00 p.m. The applicant proposes to stay open until 1:00 a.m. on Friday and Saturday. The business currently operates with an On-Sale Beer and Wine-Eating Place (Type 41) Alcoholic Beverage Control (ABC) license. The applicant requests to upgrade this license to a Type 47 - On-Sale General Eating Place ABC license. Parking requirements for all businesses on the property are as follows: Address Tenant Parking required (per 1,000 s.f. of GFA) Area Spaces required 2618 Convenience Store 5.5 spaces 1,983 sq ft 10.9 2620 Bakery 5.5 spaces 1,611 sq ft 8.8 2624 Restaurant 8 spaces 2,257 sq ft 18 2626 Restaurant 790 sq ft 6.32 2628 Proposed restaurant 868 sq ft 6.94 2630 Vacant (retail) 5.5 spaces 819 sq ft 4.5 2634 Take-out restaurant 5.5 spaces 1,471 sq ft 8.09 2636 Hair Salon 5.5 spaces 871 sq ft 4.79 Total required 68.34 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 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; CONDITIONAL USE PERMIT NO. 1704A AND VARIANCE NO. 2015-05034 November 2, 2015 Page 3 of 4 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. The Zoning Code requires a conditional use permit to authorize the sale of alcoholic beverages in a restaurant in order to ensure compatibility with surrounding uses. A determination of public convenience or necessity is not required for restaurants serving alcoholic beverages. The number of alcohol licenses allowed in each of the City’s census tracts is regulated by ABC and is based upon population. The restaurant is located within Census Tract No. 868.01, which has a population of 3,267 residents. This population allows for three on-sale and one off-sale license, and presently there are six on-sale and six off-sale (three in Anaheim and three in Buena Park) licenses within the tract. The location is within Police Reporting District No. 1517, which has a crime rate that is below the city average. The crime rate within ¼ mile of this property has a crime rate that is 119% above the citywide average with calls for service during the past year consisting of 39 petty thefts, 27 simple assault, 18 vandalism, 14 drug abuse violations. Staff believes the expansion of the existing restaurant, to include the sale of alcoholic beverages for on-site consumption, would be compatible with the surrounding area because this is a predominantly commercial area consisting of other restaurant and retail uses. Staff conducted an inspection of the property and found it to be well maintained and there are no pending Code Enforcement violations on the property. Staff does not anticipate that the continued sale of alcoholic beverages at this location would adversely affect the surrounding area. Conditions of approval to help ensure that the business is operated in a responsible manner have been attached to the draft resolution. These conditions include a prohibition on any exterior advertising of alcoholic beverages, limitations on the hours of operation unless approved by the issuance of an Entertainment Permit, and required ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees. Variance: Parking variances may 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. 1704A AND VARIANCE NO. 2015-05034 November 2, 2015 Page 4 of 4 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 (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)); 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 68 parking spaces for all businesses on the site. The property contains a total of 52 parking spaces. A parking variance is being requested due to a deficiency of 16 parking spaces. A parking analysis prepared by the applicant was submitted to justify the requested variance. The analysis observed the number of spaces occupied at the shopping center over a period of three days; the parking demand was observed between 12:30 – 1:30 p.m. on Saturday and Sunday, and 7:00 – 8:00 p.m. on Saturday. A maximum of 15 spaces were occupied during the restaurant’s peak hours between 7:00 – 8:00 p.m. on Saturday, and an average of 13 spaces were occupied during these three days. The analysis also includes the hours of operation for each business; these businesses have varying days and hours of operation. For example, the convenience store, bakery, and hair salon have different peak hours than the existing restaurants. In addition, staff conducted field observations and verified the availability of parking necessary to support the demands of the businesses. Based on the parking analysis and staff observations, staff recommends approval of the parking variance as the parking spaces are adequate to accommodate the parking demand. A condition of approval has been included to ensure that exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the parking analysis could result in revocation proceedings or modification of this permit. CONCLUSION: The proposed restaurant expansion, to include the sale of alcoholic beverages for on-site consumption, is compatible with the surrounding land uses and the parking would be adequate to accommodate the proposed use. Therefore, staff recommends approval of the requested conditional use permit and variance. Prepared by, Submitted by, Amy Stonich Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Previous Conditional Use Permit Resolution 3. Variance Justification Letter 4. Site Plan 5. Photographs C-GRETAIL C-GRESTAURANT C-GRESTAURANT C-GRESTAURANTC-GRESTAURANT C-GRESTAURANT C-GOFFICES C-GRESTAURANTC-GSERVICE STATION C-GRESTAURANT C-GOFFICES C-GRESTAURANT C-GOFFICES IMEDICAL OFFICE ISERVICESTATION C-GRESTAURANT C-GSERVICESTATION C-GRETAIL C-GRESTAURANT RM-4MAGNOLIAAPARTMENTS100 DUC-GRETAIL RM-4CONDOMINIUMS40 DU C-GRETAIL RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE W VIA PALMA W O O D L A N D D R W O O D L A N D D R WOODLAND DR WOODLAND DR W FELICIDAD CIR N F E L I C I D A D S T W GREENBRIER AVE W W O O D L A N D D R W LA PALMA AVE N M A G N O L I A A V E W. LA PALMA AVE W. CRESCENT AVE N . M A G N O L I A A V E N . B R O O K H U R S T S TN. D A L E A V E . CRESCENT AVE 2626 - 2628 West La Palma Avenue DEV No. 2015-00093 Subject Property APN: 070-191-23 °0 50 100 Feet Aerial Photo:May 2014 W VIA PALMA W O O D L A N D D R W O O D L A N D D R WOODLAND DR WOODLAND DR W FELICIDAD CIR N F E L I C I D A D S T W GREENBRIER AVE W W O O D L A N D D R W LA PALMA AVE N M A G N O L I A A V E W. LA PALMA AVE W. CRESCENT AVE N . M A G N O L I A A V E N . B R O O K H U R S T S TN. D A L E A V E . CRESCENT AVE 2626 - 2628 West La Palma Avenue DEV No. 2015-00093 Subject Property APN: 070-191-23 °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 AMENDMENTS TO CONDITIONAL USE PERMIT NO. 1704 AND CONDITIONAL USE PERMIT NO. 4053 AND APPROVING VARIANCE NO. 2015-05034 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00093) (2626-2628 WEST LA PALMA AVENUE) WHEREAS, on May 9, 1977, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) approved Conditional Use Permit No. 1704 to permit the sale of beer and wine for on-site consumption at a restaurant located at 2626 West La Palma Avenue in the City of Anaheim, County of Orange, State of California. The restaurant was located in a portion of a retail commercial center located at 2618-2636 West La Palma Avenue. The retail commercial center is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, on September 3, 1998, the City's Zoning Administrator approved Conditional Use Permit No. 4053 for the sale of beer and wine for on-site consumption at a restaurant located in a portion of the Property at 2628 West La Palma Avenue in the City of Anaheim. Included as a part of the approval of Conditional Use Permit No. 4053 was the grant of a waiver of the minimum number of parking spaces on the basis that a certain number of parking spaces were then available for use but which were not located on the Property; and WHEREAS, the Planning Commission did receive a verified petition for an amendment to Conditional Use Permit No. 1704, designated as Conditional Use Permit No. 1704A, to expand an existing full service restaurant at 2626 West La Palma Avenue into the space at 2628 West La Palma Avenue, which latter space was previously operated as a restaurant under Conditional Use Permit No. 4053 and is now vacant. The petition for an amendment to Conditional Use Permit No. 1704 also includes a request for an amendment to Conditional Use Permit No. 4053 to permit the sale of beer, wine and distilled spirits for consumption on the combined restaurant premises; and WHEREAS, the Planning Commission did receive a petition to permit fewer parking spaces than required by the Zoning Code for the entire retail commercial center, designated as Variance No. 2015-05034; and WHEREAS, the amendments to Conditional Use Permit No. 1704 and Conditional Use Permit No. 4053 and Variance No. 2015-05034 shall be referred to herein collectively as the "Proposed Project"; and - 2 - PC2015-*** WHEREAS, the Property, consisting of one parcel with a site area of 0.72 acres, is currently developed with an approximate 11,200 square foot commercial building. The Anaheim General Plan designates the Property for “C-NC” Neighborhood Commercial land uses. The Property is located in the “C-G” General Commercial Zone, meaning that the regulations contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (herein referred to as the “Code”) shall apply; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 2, 2015 at 5:00 p.m. and 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 the proposed amendments to Conditional Use Permit 1704 and Conditional Use Permit No. 1704 and Variance No. 2015-05034 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. Since the Proposed Project consists of the expansion of an existing full service restaurant within an existing commercial retail center with sales of beer, wine and distilled spirits for on-site consumption, 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 amendments to Conditional Use Permit 1704 and Conditional Use Permit No. 4053 to expand an existing full service restaurant within an existing commercial retail center with sales of beer, wine and distilled spirits for on-site consumption, should be approved for the following reasons: 1. The request to permit the expansion of an existing full service restaurant with sales of beer, wine and distilled spirits for on-site consumption is an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C-G" General Commercial Zone; and 2. That the Proposed Project will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the alcoholic beverage sales and consumption will be incidental to the restaurant use; and - 3 - PC2015-*** 3. That the size and shape of the site proposed for the Proposed Project is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; and 4. That the traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets; 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. 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. 2015-05034 to allow fewer parking spaces than required by the Code for the whole retail commercial center, should be approved for the following reasons: SECTION NO. 18.42.040 Minimum Number of Parking Spaces. (68 spaces required: 52 spaces provided) 1. The requested parking variance is hereby approved because the Proposed Project, together with the balance of the uses at the Property, will not cause fewer off-street parking spaces to be provided for the proposed and existing uses than the number of spaces necessary to accommodate all businesses on the Property. Based upon a parking analysis submitted by the applicant, the existing 52 on-site parking spaces can accommodate all vehicles attributable to all uses within the retail commercial center under the normal and reasonably foreseeable conditions of operation each and all of the uses. 2. The requested parking variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property. A parking analysis prepared by the applicant was submitted to justify the requested variance. The analysis observed the number of spaces occupied at the Property over a period of two days. The parking demand for the expanded restaurant operation was observed between 12:30 p.m. and 1:30 p.m. on a Saturday and a Sunday, and between 7:00 p.m. and 8:00 p.m. on a Saturday. A maximum of 15 spaces were occupied during the peak hours for the entire Property between 7:00 p.m. and 8:00 p.m., and an average of 13 spaces were occupied during both days. The analysis also includes the hours of operation for each business; these businesses have varying days and hours of operation. 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 Property in that the applicant has provided an analysis with photographs of the Property during peak hours which show that a majority of the parking stalls were not used. 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 Property because the 52 on-site parking spaces can accommodate all vehicles attributable to all businesses on the Property. - 4 - PC2015-*** 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 Property in that assessments taken on-site during peak hours have shown that additional parking remains available. Therefore, the proposed expansion of the restaurant use, together with the existing businesses within the Property, will not increase the demand and competition for parking spaces upon the public streets and in the immediate vicinity. 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 amendments to Conditional Use Permit 1704 and Conditional Use Permit No. 4053 and Variance No. 2015-05034, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B hereto shall supersede any conditions of approval approved by the Planning Commission and the Zoning Administrator in connection with Conditional Use Permit 1704 and Conditional Use Permit No. 4053, respectively. All references to conditions of approval for Conditional Use Permit 1704 and Conditional Use Permit No. 4053 shall be to the conditions of approval attached to this Resolution as Exhibit B, which shall control and govern Conditional Use Permit 1704 and Conditional Use Permit No. 4053, as amended by this Resolution, and Variance No. 2015-05034. 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. - 5 - PC2015-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 2, 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 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 November 2, 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 2nd day of November, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** - 7 - PC2015-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 1704 AND CONDITIONAL USE PERMIT NO. 4053 AND VARIANCE NO. 2015-05034 (DEV2015-00093) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. Any graffiti painted or marked upon the business 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 or discovered by the business owner. Planning and Building Department, Code Enforcement Division 2. The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation, as described in that document, shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 3. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 4. There shall be no entertainment, amplified music or dancing permitted in, on or at the business premises at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 5. The number of persons occupying the premises shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code). Police Department 6. Managers, owners, and wait staff need to call the Department of Alcoholic Beverage Control and Police Department obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714-558-4101. Police Department 7. There shall be no admission fee, cover charge, or minimum purchase required of any patron of the business premises. Police Department - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise, as defined in Section 23039 of the Business and Professions Code. Police Department 9. At all times when the business premises are open for business, the business premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. Police Department 10. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the business premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. Police Department 11. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the business premises over which they have control, as depicted on the plans submitted to and approved by the City. Police Department 12. The door(s) shall be kept closed at all times during the operation of the business premises except in cases of emergency. Said door(s) shall not consist of a screen or ventilated security door. Police Department 13. The business owner shall post and maintain a professional quality sign facing the business premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two-inch block lettering. The sign shall be in English and Spanish. Police Department 14. The sale of alcoholic beverages for consumption off the business premises shall be prohibited. Police Department 15. The hours of operation for the business shall be limited to: Sunday through Thursday: Close by 10:00 p.m. Friday through Saturday: Close by 12:00 a.m. (midnight) Hours of operation may be modified subject to the approval of an Entertainment Permit. Police Department - 9 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS OF APPROVAL 16. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “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 and Building Department, Planning Services Division 17. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 18. The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division 19. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the parking demand study/parking justification letter shall be deemed a violation of the express conditions imposed upon the variance, which shall subject the variance to revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits). Planning and Building Department, Planning Services Division ATTACHMENT NO. 2 A T T A C H M E N T N O . 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 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 AND BUILDING DEPARTMENT DATE: NOVEMBER 2, 2015 SUBJECT: VARIANCE NO. 2015-05025 LOCATION: 105 East Leatrice Lane APPLICANT/PROPERTY OWNER: The property owner and applicant is How Chin Te of Te Family Investment, LLC. REQUEST: The applicant requests a variance to allow construction of a three-unit apartment complex with structural and landscape setbacks smaller than required by the Zoning Code and less recreational-leisure area than required by Code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 3, New Construction or Conversion of Small Structures) and approving Variance No. 2015-05025. BACKGROUND: This 0.21-acre property is currently vacant and is located in the Multiple Family Residential (RM-4) zone. The property is designated for Medium Density Residential land uses by the General Plan. Surrounding land uses include apartments to the north, south, east and west across Haster Street. A four unit apartment complex was previously located on the property; however, the complex was demolished in 2007 in conjunction with a street widening project on Haster Street. The property is considered legal non-conforming with respect to minimum lot width due to the street widening. Code requires a minimum lot width of 70 feet in the RM-4 zone and the lot is now 64 feet wide. PROPOSAL: The applicant proposes to construct a three unit, two story apartment complex with three tandem garage parking spaces (six garage spaces total) and one guest parking space adjacent to the garage. The garages would be accessed from the existing public alley along the north property line. This alley is accessed from Haster Street. Each unit would consist of two bedrooms, two bathrooms, a living room, dining room and kitchen. A 108 square foot ground floor patio and/or balconies would be provided for each unit. The proposed building is designed with VARIANCE NO. 2015-05025 November 2, 2015 Page 2 of 3 contemporary-style architecture including gable roof elements, window trim, gray tone colored stucco walls with mauve and rose accent trim. A three-foot high wrought iron fence is proposed within the front landscape setbacks adjacent to Haster Street and Leatrice Lane. This fence height would be in compliance with Code requirements. The front setback area would be planted with artificial turf and shrubs. A detailed development summary is included as Attachment 4 to this report. FINDINGS AND ANALYSIS: 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. The Zoning Code allows a three unit apartment complex to be constructed in the RM-4 Zone by right. A variance is required because the project would have smaller front and interior yard setbacks and less recreational leisure area than required by the Zoning Code. The following table compares the RM-4 development standards to the proposed project: Standard RM-4 Zone Code Requirements Proposed Front Yard Setback 15 feet Leatrice Lane/Alley North (Alley) South (Leatrice Lane) East (Haster Street) 5 feet 15 feet 17-20 feet 15-20 feet* Haster St. Interior Yard Setback (along east property line) 15 feet with 5 feet landscaped 10 feet (partially landscaped) Parking Spaces 7 spaces 7 spaces Recreational Leisure Area 600 sq. ft. 312 sq. ft.** * The required setback abutting an arterial highway shall have an average landscape setback of not less than 20 feet in depth, with a minimum 15 feet permitted; provided, however, that for every foot of building frontage having a setback of less than 20 feet, there shall be a foot of building frontage having a setback correspondingly greater than 20 feet. ** Code requires 200 sq. ft. of recreational leisure area per unit, for a total of 600 sq. ft. for the development. A total of 312 sq. ft. is proposed. The area provided consists of a patio for the ground floor unit and balconies for the two upstairs units. An additional 750 sq. ft. of common recreational area is proposed within the 10 foot wide side yard area on the east side of the buildings; however, this area cannot be counted towards the Code required area because common areas must maintain a minimum dimension of 15 feet. VARIANCE NO. 2015-05025 November 2, 2015 Page 3 of 3 A variance recognizes that there may be individual lots within a zone or tract that, because of size, irregular shape, or unusual topography cannot be reasonably developed if all the development standards for the zone are strictly applied. The applicant has submitted a letter of justification indicating that the small size of the lot, as compared to all other RM-4 zoned properties on Leatrice Lane, makes it difficult to meet all of the development standards while providing adequate setbacks and recreational leisure area for the proposed apartment complex. The subject property is 63 feet wide while nearly all other lots in the immediate vicinity are 76 feet wide. If this property was of similar width, staff believes that the developer would be able to develop the site in accordance with all applicable Code requirements. Staff believes that the residence is designed in a manner that is sensitive to the adjacent properties by providing reasonable yard areas that are compatible with the neighborhood. As described above, 600 square feet of recreational leisure area is required for the entire complex and 312 square feet of Code-compliant private recreational area is proposed; however, an additional 750 square feet of open area would also be provided within the side yard on the east side of the apartment building. In addition, future project residents will have convenient access to Ponderosa Park which provides additional recreational amenities. With a variance, the property owner would be allowed to develop his property in a manner that is compatible with the other apartment complexes in the vicinity. Because this lot size is smaller than surrounding properties due to the widening of Haster Street, staff believes that there are special circumstances applicable to the property and that the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. CONCLUSION: Staff believes that the request to construct a three unit apartment complex on this legal non-conforming lot is justified because of the limited size of the lot and therefore, recommends approval of the project. In addition, staff believes that the project is well designed and will provide a quality living environment for future residents. Prepared by, Submitted by, Amy Stonich Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Variance Resolution 2. Justification and Request Letter 3. Site, Floor and Elevation Plans 4. Development Summary RM-4PACIFIC PALMSAPARTMENTS80 UNITS RM-4FRENCH QUARTERAPARTMENTS152 UNITS RM-4SINGLEFAMILY RESIDENCE RM-4FOURPLEX RM-4FOURPLEX RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS S H A S T E R S T E LEATRICE LN E WAKEFIELD AVE S . H A R B O R B L V D S . W E S T S T E. KATELLA AVEW. KATELLA AVE E. CERRITOS AVE S.MA NCHESTER AVE E. CHAPMAN AVE S . S T A T E C O L L E G E B L V D W. DISNEY WAY 105 East Leatrice Lane DEV No. 2015-00043 Subject Property APN: 137-342-22 °0 50 100 Feet Aerial Photo:May 2014 S H A S T E R S T E LEATRICE LN E WAKEFIELD AVE S . H A R B O R B L V D S . W E S T S T E. KATELLA AVEW. KATELLA AVE E. CERRITOS AVE S.MA NCHESTER AVE E. CHAPMAN AVE S . S T A T E C O L L E G E B L V D W. DISNEY WAY 105 East Leatrice Lane DEV No. 2015-00043 Subject Property APN: 137-342-22 °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 VARIANCE NO. 2015-05025 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00043) (105 EAST LEATRICE LANE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for Variance No. 2015-05025 to permit (i) recreational-leisure areas less than required by the Zoning Code, (ii) a 5-foot setback adjacent to the alley where a 15-foot setback is required adjacent to a “Primary” wall, (iii) a 10-foot setback including a 3-foot wide walkway and landscape on the east property line where 15 feet (5-foot landscape) is required, and (iv) patios/balconies to encroach into the required 20-foot setback adjacent to Haster Street in connection with the proposed construction of a three-unit apartment complex (herein referred to collectively as the "Proposed Project") for certain real property located at 105 East Leatrice Lane 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 one parcel, is currently vacant and undeveloped. 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, meaning that the regulations contained in Chapter 18.06 (Multiple-Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 2, 2015 at 5:00 p.m. and 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. 2015-05025 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 3 – New Construction or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of apartments, duplexes and similar structures designed for not - 2 - PC2015-*** more than six dwelling units. Since the Proposed Project consists of the proposed construction of a three-unit apartment complex, 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. 2015-05025 to allow structural and landscape setbacks smaller than required by the Code and recreational-leisure areas less than required by Code to permit the future construction of a three-unit apartment complex, should be approved for the following reasons: SECTION NO. 18.06.090 Minimum Structural and Landscaped Setbacks. (15-foot front yard setback required; 5-20 feet proposed. 15-foot interior setback required; 10- foot setback proposed) SECTION NO. 18.06.100 Minimum Recreational-Leisure Areas. (600 square feet of private and common recreational leisure area required; 312 square feet of private recreational leisure area proposed) 1. There are special circumstances applicable to the Property due to the small size of the Property, as compared to all other RM-4 zoned properties on Leatrice Lane. The lot size was reduced when the Property was narrowed significantly in conjunction with a Haster Street widening project. Specifically, the widening of Haster Street left the subject Property in such a shape that the location of the proposed structure, as designed, requires variances from the recreational-leisure and structural setback requirements on all sides of the Property. 2. Strict application of the Code would deprive the Property of privileges enjoyed by other properties under the identical zoning classification in the vicinity due to the legal nonconforming width of the Property, as compared to all other RM-4 zoned properties in the vicinity. This Property is one of the only parcels within the zoning district which was affected by the road widening. The subject property is 63 feet wide while nearly all other lots in the immediate vicinity are 76 feet wide. The nonconforming lot size makes it difficult to meet all of the development standards while providing adequate setbacks and recreational leisure area for the proposed apartment complex. Therefore, a variance will allow the development of the Property which is consistent with other multi-unit complexes in the 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. - 3 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2015-05025, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 2, 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 November 2, 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 2nd day of November, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” VARIANCE NO. 2015-05025 (DEV2015-00043) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 The developer shall submit street improvement plans for work within public right-of-way to the Public Works Department, Development Services Division and a bond shall be posted to guarantee the construction of all public works improvements. The improvements shall be constructed prior to final building and zoning inspections. Public Works Department, Development Services Division 2 The developer/owner shall submit a set of improvement plans for Public Utilities Public Utilities Department Water Engineering Division review and Water Engineering approval in determining the conditions necessary for providing water service to the project. Public Utilities Department, Water Engineering Division 3 All back flow 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 Public Utilities Department Water Engineering Division 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 Department, Water Engineering Division 4 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 Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 5 All existing water services and fire services shall conform to current Water Services Standard Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Department, Water Engineering Division 6 The developer/owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the Water Engineering 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 Department, Water Engineering Division - 7 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 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 Department, Water Engineering Division 8 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. Public Utilities Department, Water Engineering Division GENERAL CONDITIONS 9 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 and Building Department, Planning Services Division 10 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 and Building Department, Planning Services Division 11 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 and Building Department, Planning Services Division ATTACHMENT NO. 2 A T T A C H M E N T N O . 3 PROJECT SUMMARY Development Standard RM-4 Standards Proposed Project Density 36 du/acre max. 14.2 units per acre Lot Area 1,200 square feet 7,300 square feet Lot Width 70 feet 64 feet (legal non-conforming) Building Height 40 feet 23 feet, 8 inches Minimum Floor Area (2 BR Unit) 825 square feet 1,306 – 1,350 square feet Maximum Site Coverage 55% 44% Recreational Leisure Area 600 sq. ft. minimum 312 sq. ft. Front Landscape Setback 5 feet minimum 14 feet Setback - North (Alley) 15 Feet 5 Feet Setback - South (Leatrice Ave.) 15 Feet 15 Feet Setback - East (Haster Street) 20 Feet 17-20 Feet Setback - West (Adjacent to Multi- Family) 15 Feet with 5 Feet Landscaped 7 Feet of Landscape Area with a 3-ft. sidewalk Parking 7 spaces 2.25 spaces per 2-BR unit 7 spaces (6 tandem garage plus 1 guest) ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 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 AND BUILDING DEPARTMENT DATE: NOVEMBER 2, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2716C AND VARIANCE NO. 2015-05016 LOCATION: 8323 East La Palma Avenue (Weir Canyon Honda) APPLICANT/PROPERTY OWNER: The applicant is Casey Griffin with Wilson Automotive Group. The property owner is DWWH, Inc. REQUEST: The applicant proposes to amend a previously-approved conditional use permit to expand an existing automobile dealership and to permit more wall signs than permitted by the Zoning Code. 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 an amendment to Conditional Use Permit No. 2716 and Variance No. 2015-05016. BACKGROUND: This 5.3-acre property is developed with two automobile dealerships (Weir Canyon Honda and Weir Canyon Acura). The property is located in the General Commercial; Scenic Corridor Overlay (C-G (SC)) Zone and the General Plan designates this property for General Commercial land uses. Surrounding land uses include a railroad track to the north, the Santa Ana River to the south across La Palma Avenue, and single family homes to the west across Yorba Linda Boulevard. Both automobile dealerships were originally approved by the Commission in 1985 under Conditional Use Permit No. 2716. This approval included a showrooms, outdoor vehicle display areas, offices, parts sales, outdoor vehicle storage, and auto repair for both dealerships. PROPOSAL: The applicant requests approval to remodel the existing Weir Canyon Honda automobile dealership only. The remodel would include the removal of a trellis structure and the construction of a new 1,450 square foot showroom expansion in the front of the building and a 2,350 square foot service area canopy in the rear. The main building would also be remodeled to include new painted exterior walls and new wall signs. No changes are proposed to the hours of operation or number of employees. The existing entry driveways, fire lanes, and parking lots would remain in place. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2716 AND VARIANCE NO. 2015-05016 November 2, 2015 Page 2 of 4 The applicant proposes to install the following wall and monument signs: Sign Type Max. No. Allowed by Code No. and Type of Signs Proposed Aggregate Sign Area Allowed Aggregate Sign Area Proposed Wall North 0 0 ---- ---- ---- East 1 3 Honda Logo “Honda” “Weir Canyon Honda” 141 sq. ft. 140 sq. ft. West 1 3 “Service Center” “Weir Canyon Honda” “Weir Canyon” 213 sq. ft. 210 sq. ft. Total 2* 6 Freestanding Monument One per street frontage One on La Palma Ave. One on Yorba Linda Blvd. 65 sq. ft. 36 sq. ft. * The Scenic Corridor Overlay zone permits a maximum of two wall signs for a single unit, if the unit is the corner unit closest to and fronting on at least two streets and has a main entrance on at least one of the streets. Only one sign may be permitted per wall. FINDINGS AND ANALYSIS: The applicant’s proposal requires approval of the following: Conditional Use Permit: Before the Planning Commission grants an amendment to 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. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2716 AND VARIANCE NO. 2015-05016 November 2, 2015 Page 3 of 4 The expansion of an automobile dealership is permitted at this location subject to approval of a conditional use permit to determine compatibility with surrounding land uses. The primary nature of the business will not change as a result of the additional building area. The additions will be used for auto repair, sales, and display area only. An automobile dealership has been operating at this location for many years without impacting adjacent properties. The property is well maintained and there are no pending Code Enforcement violations. The architectural design of the new building renovation would complement the adjacent businesses. Existing vehicular access points and parking lots would be maintained and brought into compliance with current Codes, with respect to handicapped parking and accessibility requirements. Lastly, the dealership complies with Code with respect to building and landscape setbacks, parking, floor area ratio, and building height. Wall Sign Variance: Wall sign variances may 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 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 special circumstances shown in subsection .0201, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The Zoning Code permits a total of two wall signs (one each on the west and east elevations, as described in the table above) for this automobile dealership facility. The applicant proposes to install six wall signs (three on the west building elevation and three on the east elevation). The two proposed monument signs are in compliance with the Zoning Code. The automobile dealership requires more signs than permitted by code because there are a number of physical characteristics unique to this property, thereby creating a hardship that generally does not apply to other properties or classes of use in the same vicinity or zone. These physical characteristics include the lack of visibility to Weir Canyon Road/Yorba Linda Boulevard, due to the fact that the property is located lower than the grade of this highway which restricts visibility to the dealership building, as well as the unique orientation of the building consisting of four oblique angles facing two street frontages. In addition, variances were granted for more wall signs than permitted by Code for two automobile dealerships to the south (at Savi Ranch Parkway and Yorba Linda Boulevard). Therefore, strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity. Lastly, the proposed aggregate wall sign area for each building elevation (210 square feet for the east elevation and 140 square feet for the west elevation) complies with the Code. As a result, staff believes the proposed wall signs would be in scale with the building and would not result in the appearance of excessive signage; therefore, staff recommends approval of this variance request. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2716 AND VARIANCE NO. 2015-05016 November 2, 2015 Page 4 of 4 CONCLUSION: The proposed automobile dealership expansion is compatible with the surrounding land uses and the parking would be adequate to accommodate the proposed use. The wall sign variance can be justified because of the property’s unique configuration and building orientation, and also because wall sign variances have been granted for other automobile dealerships in the vicinity. 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 and Variance Resolution 2. Previous Conditional Use Permit Resolution 3. Applicant’s Request Letter 4. Site, Floor, Sign, and Elevation Plans 5. Site Photographs C-G (SC)AUTO DEALERSHIP C -G (S C ) O P E N S P A C E OS (SC)OPEN SPACE T (SC)SANTA ANA RIVER C -G (S C ) Y O R B A R E G I O N A L P A R K RS-3 (SC)SINGLE FAMILY RESIDENCE RS-3 (SC)SINGLE FAMILY RESIDENCE RS-3 (SC)SINGLE FAMILY RESIDENCE C I T Y O FCITY O F Y O R B A L I N D A Y O R B A L I N D A C I T Y O F C I T Y O F Y O R B A L I N D A Y O R B A L I N D A C I T Y O F C I T Y O F A N A H E I M A N A H E I M N AMBERLY LN E B R O O K D A L E L N N F A I R B U R Y L N E K I N G S D A L E L N E E S P E R A N Z A R D E L A P A L M A A V E N YORBA LINDA BLVD E . L A PA L M A A V E E .SANTA ANA CA NYO N RD 8323 East La Palma Avenue DEV No. 2015-00046 Subject Property APN: 351-042-34 °0 50 100 Feet Aerial Photo:May 2014 N AMBERLY LN E B R O O K D A L E L N N F A I R B U R Y L N E K I N G S D A L E L N E E S P E R A N Z A R D E L A P A L M A A V E N YORBA LINDA BLVD E . L A PA L M A A V E E .SANTA ANA CA NYO N RD 8323 East La Palma Avenue DEV No. 2015-00046 Subject Property APN: 351-042-34 °0 50 100 Feet Aerial Photo:May 2014 C I T Y O F A N A H E I M C I T Y O F Y O R B A L I N D A C I T Y O F Y O R B A L I N D A [DRAFT] ATTACHMENT NO. 1 -1- PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2716 AND VARIANCE NO. 2015-05016, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00046) (8323 EAST LA PALMA AVENUE – WEIR CANYON HONDA) WHEREAS, on October 14, 1985, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim ("Planning Commission"), by Resolution No. PC 85-222, approved Conditional Use Permit No. 2716 (herein referred to as the "Original CUP") to permit a new and used automobile sales facility with waiver of maximum fence height on premises located at 8323 East La Palma Avenue, 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 CUP shall be referred to herein as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to amend the Original CUP to permit the expansion of an existing automobile dealership facility and to approve a variance, designated as Variance No. 2015-05016, to permit more wall signs than permitted by the Zoning Code (herein referred to collectively as the "Proposed Project"), pursuant to Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code (“Code”). The proposed amendment to the Original CUP is hereby designated as Conditional Use Permit No. 2716C; and WHEREAS, the Property is located in the "C-G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Code. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code apply to the Property and supersede any inconsistent regulations of the "C-G" General Commercial Zone. Except for the request to permit more wall signs than permitted by the Zoning Code under proposed Variance No. 2015-05016, the Proposed Project is not inconsistent with the site development standards contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code and will not be inconsistent with the site development standards of the "C-G" General Commercial Zone provided that the Proposed Project is approved with the conditions of approval attached hereto as Exhibit B, as the same may be modified, if at all, by the Planning Commission. The Anaheim General Plan designates this Property for General Commercial land uses; 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 -2- PC2015-*** WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 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 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 2, 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. 2716C and Variance No. 2015-05016 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2716C, does find and determine the following: 1. The request to permit the expansion of an existing automobile dealership is an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of both the "C-G" General Commercial Zone and Section 18.18.090 (Commercial Zones-Standards) of Chapter 18.18 (Scenic Corridor (SC) Overlay Zone); and 2. Except for the request to permit more wall signs than permitted by the Zoning Code under proposed Variance No. 2015-05016, the Proposed Project complies with the development standards of Section 18.18.090 (Commercial Zones-Standards) of Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code; and 3. The Proposed Project will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the existing access points to the site are adequate to serve the use and the project complies with the parking requirements in the Code; and 4. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the Proposed Project is designed to ensure its compatibility with surrounding land uses; and 5. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use; and -3- PC2015-*** 6. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will be integrated with the surrounding commercial area and would not pose a health or safety risk to the citizens of the City of Anaheim or the adjoining City. WHEREAS, based upon the justification letter submitted by the applicant, the Planning Commission does further find and determine that the request for Variance No. 2015- 05016 to allow more wall signs than permitted by the Code in conjunction with an automobile dealership should be approved for the following reasons: SECTION NO. 18.18.090.050.0501 Maximum number of wall signs. (One sign per building elevation permitted; three signs per elevation proposed) 1. That the strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity because wall sign variances have been granted for other businesses in the vicinity; more specifically, wall sign variances were granted for the two automobile dealership located approximately two blocks to the south; and 2. That there are special circumstances applicable to the Property which do not apply to identical zoned properties in the vicinity because a number of physical characteristics unique to this property create a hardship that generally does not apply to other properties in the same vicinity. These physical characteristics include the lack of visibility to the closest arterial highway (Weir Canyon Road/Yorba Linda Boulevard); the property is located significantly lower than the grade of the adjacent major roadway; and the orientation of the building faces away from the closest arterial highway. 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, based upon the aforesaid findings and determinations, the Planning Commission does hereby approve Conditional Use Permit No. 2716C and Variance No. 2015-05016, contingent upon and subject to the conditions of approval, which are described in Exhibit B, and attached hereto and incorporated herein by this reference (herein referred to as the "Revised Conditions of Approval"). BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby supersede the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 2716C and Variance No. 2015-05016. Said Revised -4- PC2015-*** Conditions of Approval are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 2, 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 -5- PC2015-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 2, 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 2nd day of November, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -6- PC2015-*** -7- PC2015-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2716 AND VARIANCE NO. 2015-05016 (DEV2015-00046) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF GRADING PERMITS 1 The final Water Quality Management Plan (WQMP) shall be submitted for review and approval to Public Works Development Services and comply with the most current requirements of the Orange County Drainage Area Management Plan (DAMP). Public Works Department, Development Services Division PRIOR TO THE ISSUANCE OF BUILDING PERMITS 2 The developer shall obtain a right of way construction permit and post a security for construction of all public improvements within street right of way. Public Works Department, Development Services Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 3 The developer shall reconstruct the pedestrian ramps on the two most westerly driveways along La Palma Avenue in accordance with City Standard Detail No. 111-3. The existing street light shall be relocated if it obstructs the accessible path of travel along La Palma Avenue. Public Works Department, Development Services Division 4 All required on-site Water Quality Management Plan and public right of way improvements are subject to review and approval by the Construction Services Inspector. Public Works Department, Development Services Division GENERAL CONDITIONS 5 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 6 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 7 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division ATTACHMENT NO. 2 ATTACHMENT NO. 3 A T T A C H M E N T N O . 4 ’ ©2015 Google ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. City of Anaheim ITEM NO. 6 PLANNING COMMISSION REPORT PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 2, 2015 SUBJECT: ZONING CODE AMENDMENT NO. 2015-00129 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This request is a City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that the proposed ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines") because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project", as defined in Section 15378 of the CEQA Guidelines, and recommend to the City Council approval of Zoning Code Amendment No. 2015-00129. PROPOSAL: This amendment includes modifications to sections of the Zoning Code pertaining to automotive sales agency offices, development standards for floor area ratios and special area setbacks, sale of fireworks, non-residential primary use classes, projecting signs and coordinated sign programs in the Zoning Code. It also includes some minor clarifications and ‘clean-up” items. ANALYSIS: Since its comprehensive update in 2004, amendments to the Zoning Code have been made on an as-needed basis as the result of the periodic review of the Code by staff. This amendment involves various minor changes to numerous sections of the Code to provide clarity, create internal consistency of terms and definitions, and to amend development standards to reflect current market trends. The following provides a brief description of the proposed amendments: 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ZONING CODE AMENDMENT NO. 2015-00129 November 2, 2015 Page 2 of 3 Automotive Sales Agency Office: This amendment would allow “office-only” wholesale automotive sales agency offices in various zones “by right,” as opposed to requiring a conditional use permit. Such wholesale businesses that do not hold or display on-site inventory would be allowed by regulatory permit that could be approved at staff level. This amendment also modifies the description and definition of this use class and establishes operating standards under the regulatory permit. Wholesale automotive sales agency offices that hold and/or display inventory onsite would still be required to obtain a conditional use permit (CUP) prior to establishing. All retail automobile sales agencies would also continue to require a conditional use permit. Floor Area Ratio: This amendment would allow a greater floor area ratio (FAR) in commercial and industrial zones than is currently permitted subject to the review and approval of a CUP. The CUP process would allow property owners to exceed the maximum FAR if they can demonstrate that the additional building area would not negatively impact the surrounding area. It would also require that all environmental impacts associated with the proposed expansion be analyzed and mitigated. This amendment is in response to applicants that have sought to increase the FAR for proposed buildings beyond what is permitted by the Zoning Code and are unable to make the necessary variance findings. Special Area Setbacks: Properties designated for office or mixed-use development within the Platinum Triangle have the option of developing under the Platinum Triangle Mixed Use (PTMU) Overlay Zone or the property’s underlying zoning. This amendment would allow properties that are developed or modified using the underlying zone (e.g., the Industrial zone) to deviate from certain Platinum Triangle setback requirements under certain circumstances and subject to the approval of a CUP. This amendment would allow certain improvements such as minor building additions, exterior façade renovations and landscape/hardscape improvements to encroach into the Platinum Triangle Special Area Setbacks subject to the approval of a CUP as opposed to a variance. The purpose of this amendment is to allow greater flexibility for existing buildings that are repurposed and/or modified in the Platinum Triangle utilizing the underlying zoning instead of the PTMU Overlay Zone. Sale of Fireworks: This amendment would allow the sale of fireworks in commercial zones only as a temporary use. The sale of fireworks would continue to be subject to all applicable regulations of Title 6 (Public Health and Safety) including permitting the sales of fireworks during a designated period of time and requiring qualified owners to enter into an executed written agreement with the City to ensure the responsible sale of safe and sane fireworks. Commercial Placemaking Uses: On September 21, 2015, the Planning Commission recommended City Council approval of amendments to the Downtown Mixed Use (DMU) Overlay. These amendments included allowing Commercial Placemaking Uses within the DMU Overlay Zone. The proposed amendment would provide a description for a Commercial Placemaking Uses. This use would be described as “Innovative use of indoor or outdoor public and private space for commercial purposes to support a unique mixed use district in conformance with Section 18.30.180 (DMU Design Guidelines).” ZONING CODE AMENDMENT NO. 2015-00129 November 2, 2015 Page 3 of 3 Projecting Signs: This amendment is intended to allow the use of projecting signs in commercial, office, industrial and mixed-use zones. Projecting signs are currently prohibited in all zones. The amendment would allow one projecting sign to be substituted for one permitted wall sign per building. The projection sign will not be permitted to exceed a maximum fifteen square feet in size. The projecting sign must be pedestrian-oriented, provide architectural interest to the building and be compatible with the surrounding properties. Coordinated Sign Program: This amendment removes the requirements for a coordinated sign program from Section 18.44.060 (Other Required Approvals) to create a new Section 18.44.055 (Coordinated Sign Program). This change makes the requirements more easily identifiable and clarifies when a conditional use permit is required for a coordinated sign program. In addition, this amendment allows more design flexibility within the Platinum Triangle. Signs within this area that do not meet the requirements of the Zoning Code may be permitted as part of a coordinated sign program, subject to the approval of a conditional permit and additional findings. These findings will ensure that the signs complement the building’s architecture and are internally consistent and consistent with the scale of the surrounding buildings. CONCLUSION: This proposal is intended to amend the Zoning Code through a series of modifications to existing provisions. Staff recommends approval of this Zoning Code as it will provide staff, decision makers, and members of the public with clearer standards, procedures and use classes. Prepared by, Submitted by, Gustavo N. Gonzalez Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Draft Ordinance 1 REDLINED TO SHOW REVISIONS TO CURRENT MUNICIPAL CODE SECTIONS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS, TABLES AND CHAPTERS OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE. (ZONING CODE AMENDMENT NO. 2015-00129) (DEV2015-00095) WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project", as defined in Section 15378 of the CEQA Guidelines; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public health, safety or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: ATTACHMENT NO. 1 2 SECTION 1. That Table 4-A (Primary Uses: Single-Family Residential Zones) of Section 18.04.030 (Uses) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 4-A PRIMARY USES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited RH- 1 RH- 2 RH- 3 RS- 1 RS- 2 RS- 3 RS- 4 Special Provisions Residential Classes of Uses Dwellings–Single- Family Detached P P P P P P C Mobile Home Parks N N N N N C N Residential Care Facilities P P P P P P P Subject to §18.36.030.050 Supportive Housing (6 or fewer persons) P P P P P P P Supportive Housing (7 or more persons) C C C C C C C Transitional Housing (6 or fewer persons) P P P P P P P Transitional Housing (7 or more persons) C C C C C C C Note on Table 4-A - Residential Classes of Uses: Residential Classes of Uses: New Residential Development. All new residential development within 600 feet of any railroad, freeway, expressway, major arterial, primary arterial or secondary arterial, as designated by the Circulation Element of the General Plan, is subject to the provisions of §18.40.090. Non-Residential Classes of Uses Agricultural Crops P P N N N N N Antennas–Private P P P P P P P Subject to §18.38.040 3 Transmitting Antennas– Telecommunications– Stealth Building– Mounted C C C C C C C Subject to §18.38.060.040 Antennas– Telecommunications– Stealth Ground– Mounted N N N N N N N Antennas– Telecommunications– Ground–Mounted N N N N N N N Automotive–Sales Agency Office (Wholesale) P P P P P P P Subject to §18.16.055 for office use only; no on-site storage, display or parking of any vehicle being held as inventory Bed & Breakfast Inns N N N C C N N Must be located on an arterial highway; subject to §18.38.080 Beekeeping C N N N N N N Community & Religious Assembly C C C C C C N Convalescent & Rest Homes N N N C C C N Day Care Centers C C C C C C C Educational Institutions–General C C C C C C C Golf Courses & Country Clubs C C C C C C N Group Care Facilities C C C C C C C Subject to §18.36.040.070 Oil Production N N N N N C N Subject to §18.38.180 Public Services C C C C C C C Recreation–Low- Impact C C C C C C C 4 Transit Facilities C C C C C C C Utilities–Minor C C C C C C C SECTION 2. That Table 6-A (Primary Uses: Multiple-Family Residential Zones) of Section 18.06.030 (Uses) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 6-A PRIMARY USES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required RM- 1 RM- 2 RM- 3 RM- 4 Special Provisions Residential Classes of Uses Dwellings–Multiple Family C P P P Subject to §18.38.100; affordable housing may be developed pursuant to Chapter 18.50 Dwellings–Single-Family Attached C P C C Dwellings requiring a conditional use permit are subject to §18.06.160 Dwellings–Single-Family Detached C P P P (a) Allowed only when combined with single-family attached dwellings within the same project; in the RM-1 Zone, attached housing must be oriented toward any major or primary arterial or (b) one single-family detached dwelling allowed on one legal lot in existence on the effective date of Ord. 5920, using the RS-2 and RS-3 Zone based on lot size Mobile Home Parks N C C C Residential Care Facilities P P P P Subject to §18.36.030.050 5 Senior Citizen Housing C C C C Subject to Chapter 18.50 Supportive Housing C P P P Transitional Housing C P P P Note on Table 6-A-Residential Classes of Uses: New Residential Development. All new residential development within 600 feet of any railroad, freeway, expressway, major arterial or primary arterial, as designated by the Circulation Element of the General Plan, is subject to the provisions of §18.40.090. Non-Residential Classes of Uses Antennas–Broadcasting C C C C Antennas–Private Transmitting C C C C Subject to §18.38.040 Antennas–Telecommunications - Stealth Building- Mounted T T T T Subject to §§18.38.060 and 18.62.020 Antennas– Telecommunications - Stealth Ground- Mounted C C C C Subject to §18.38.060 Antennas–Telecommunications - Ground-Mounted N N N N Automotive–Sales Agency Office (Wholesale) P P P P Subject to § 18.16.055 for office use only; no on-site storage, display or parking of any vehicle being held as inventory Bed & Breakfast Inns N C C C Subject to §18.38.080 Community & Religious Assembly C C C C Convalescent & Rest Homes N N N C Day Care Centers C C C C Educational Institutions–General N N C C Golf Courses & Country Clubs N N C C Group Care Facilities C C C C Subject to §18.36.040.070 Oil Production N C C C Subject to §18.38.180 Public Services C C C C 6 Recreation–Low-Impact C C C C Recreation–Swimming & Tennis C C C C Room & Board C C C C Transit Facilities C C C C Utilities–Minor C C C C SECTION 3. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 (Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Residential Classes of Uses Mobile Home Parks N N C N N Senior Citizens' Housing C C C N N Senior Citizens' Apartment projects subject to Chapter 18.50 Non-Residential Classes of Uses Alcoholic Beverage Manufacturing N P/C P/C N N Subject to Section18.38.025. Buildings larger than 6,000 square feet are subject to a Conditional Use Permit. 7 Alcoholic Beverage Sales– Off-Sale P/C P/C P/C P/C P/C Conditional use permit not required if use is in conjunction with Markets–Large. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Alcoholic Beverage Sales– On-Sale C C C C C Ambulance Services N C C N N Animal Boarding P/C P/C P/C P/C P/C Permitted without a conditional use permit when conducted entirely indoors subject to §18.38.270; otherwise a CUP Conditional Use Permit is required. Animal Grooming P P P P P Antennas–Broadcasting P/C P/C P/C P/C P/C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in §18.38.060.030.0312 Antennas– Telecommunications- Stealth Building-Mounted T T T T T Subject to §18.38.060 and §18.62.020 Antennas– Telecommunications- Stealth Ground-Mounted T T T T T Subject to §18.38.060 Antennas– Telecommunications Ground-Mounted (Non- Stealth) N N N N N Automatic Teller Machines (ATM’s) P P P P P Subject to §18.36.040 8 Automotive–Vehicle Sales, Lease & Rental N N C N N Subject to §18.38.200 Automotive–Sales Agency Office (Retail) N N C C C Subject to §18.38.065 Automotive–Sales Agency Office (Wholesale) P/C P/C P/C P/C P/C Subject to §§18.16.055 and 18.38.065. Conditional Use Permit required for on-site storage, display or parking of any vehicle being held as inventory Automotive–Public Parking C C C C C Automotive–Parts Sales P P P N N Automotive–Repair & Modification C C C N N Automotive–Service Stations C C C C C Subject to §18.38.070 Automotive–Washing N C C C C In O-L and O-H Zones, must be accessory to an Automotive–Service Station use Bars & Nightclubs C C C C C In O-L and O-H Zones, must be accessory to and integrated with an office building Bed & Breakfast Inns C C C C C Subject to §18.38.080 Billboards N N N N N Boat & RV Sales N N C N N Subject to §18.38.200 Business & Financial Services P P P P P Cemeteries N N C N N Community Retail Centers P/C P/C P/C N N Subject to §18.38.115; otherwise a CUP Conditional Use Permit is required. 9 Community & Religious Assembly C C C C C In O-H Zone, must be clearly accessory to and integrated with an office building Computer Internet & Amusement Facilities N N N N N Convalescent & Rest Homes N N C N N Convenience Stores P/C P/C P/C P/C P/C Subject to §18.38.110; otherwise a CUP Conditional Use Permit is required. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Dance & Fitness Studios– Large N P P P P In O-H Zone, must be clearly accessory to and integrated with an office building Dance & Fitness Studios– Small P P P P P In O-H Zone, must be clearly accessory to and integrated with an office building, otherwise requires a conditional use permit Day Care Centers C C C P/C P/C Permitted without CUP Conditional Use Permit if integrated within a multi- tenant office building as an accessory use to serve Drive-Through Facilities C C C C C Educational Institutions– Business P/C P/C P/C P/C P/C Institutions with ten students or less do not require a conditional use permit Educational Institutions– General N C C C C Educational Institutions– Tutoring P P P P P Subject to § 18.36.040.050 10 Entertainment Venue C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Equipment Rental–Large P/C P/C P/C N N Permitted if equipment is completely screened from view. CUP Conditional Use Permit required if equipment cannot be screened. Equipment Rental–Small P/C P/C P/C P/C P/C In O-H and O-L Zones, must be clearly accessory to and integrated with an office building. CUP Conditional Use Permit required if conducted outdoors. Group Care Facilities C C C C C Subject to § 18.36.040.070 Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets–Large P P P N N Markets–Small P/C P/C P/C C C Subject to § 18.38.155, otherwise a CUP Conditional Use Permit is required. Medical & Dental Offices P P P P P Mortuaries N N P N N Offices P P P P P Personal Services–General P/C P/C P/C P/C P/C Laundromats are subject to §18.38.150; otherwise a CUP Conditional Use Permit 11 is required. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Massage subject to §18.16.070. Personal Services–Restricted C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Plant Nurseries N P/C P/C N N Subject to §§18.38.190,18.38.200 and 18.38.205; otherwise a CUP Conditional Use Permit is required. Public Services C C P C C Recreation–Billiards P/C P/C P/C P/C P/C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Facilities with alcohol consumption requires a CUP. Subject to §18.38.085, otherwise a CUP Conditional Use Permit is required. Recreation–Commercial Indoor C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation–Commercial Outdoor C C C C C Recreation–Low-Impact C C C P P In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation–Swimming & P/C P/C P/C P/C P/C Permitted without CUP Conditional Use Permit 12 Tennis when conducted completely indoors Repair Services–General P N P N N Repair Services–Limited P P P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Research & Development N C C C P Restaurants–Drive-Through N C C C C Subject to §18.38.220 Restaurants–General P P P C C Subject to §18.38.220 Restaurants–Outdoor dining P/C P/C P/C P/C P/C Subject to §18.38.220 Restaurants–Walk-Up C C C C C Retail Sales–General P P P P P Subject to §18.38.220 Retail Sales–Kiosks C C C C C Retail Sales–Outdoor C C C N N Subject to §18.38.190 and §18.38.200 Retail Sales–Used Merchandise P P P N N Room & Board N N C N N Self-Storage N N C N N Subject to City Council Policy No. 7.2 Sex-Oriented Businesses N N P N N Subject to Chapter 18.54 Smoking Lounge P/C P/C P/C N N Subject to §18.16.080; otherwise a CUP Conditional Use Permit is required. Studios–Broadcasting P/C P/C P/C P/C P/C Permitted without a CUP Conditional Use Permit if there is no live audience. 13 Studios–Recording N N P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Transit Facilities C C C C C Utilities–Major C C C N C Utilities–Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building’s entrance Veterinary Services P/C P/C P/C N N Subject to §18.38.270; otherwise a CUP Conditional Use Permit is required. Wholesaling N C C N N Shall be accessory to a Retail Sales use SECTION 4. That Table 8-C (Temporary Uses and Structures: Commercial Zones) of Section 18.08.030 (Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 8-C TEMPORARY USES AND STRUCTURES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited C- NC C- R C- G O- L O- H Special Provisions Carnivals & Circuses P P P N N Subject to §18.38.095 and Chapter 3.32 Christmas Tree & Pumpkin Sales N P P N N Subject to §18.38.240 Contractor’s Office & Storage P P P P P Subject to §18.38.105 Sale of Fireworks P P P N N Subject to 14 Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) Special Events P P P P P Subject to §18.38.240 SECTION 5. That Section 18.08.045 (Floor Area Ratio) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.08.045 FLOOR AREA RATIO. The maximum floor area ratio for commercial zones is shown in Table 8-E. An increase in the maximum floor area ratio is permitted subject to the approval of a conditional use permit in accordance with Chapter 18.66 (Conditional Use Permits) and subject to the requirement that the evidence presented shows that all of the conditions set forth in Section 18.66.060 exist, as well as the condition that all potential environmental impacts associated with the proposed use of the structure(s) have been duly analyzed and mitigated. Table 8-E MAXIMUM FLOOR AREA RATIO: COMMERCIAL ZONES Zone Maximum floor area ratio C-NC .45 FAR C-R .50 FAR C-G .50 FAR O-L .50 FAR O-H 2.00 FAR 15 SECTION 6. That Table 10-A (Primary Uses: Industrial Zone) of Section 18.10.030 (Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Residential Classes of Uses Mobile Home Parks C Non-Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Manufacturing P/C Subject to Section §18.38.025 Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale C Ambulance Services P Animal Boarding P/ C Conditional use permit not required if conducted completely indoors, subject to §18.38.270 Animal Grooming P/ C Conditional use permit not required if conducted completely indoors, subject to §18.38.270 Antennas–Broadcasting P/ C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in §18.38.060.030.0312 Antennas–Telecommunications-Stealth Building- Mounted T Subject to §18.38.060 and §18.62.020 16 Antennas–Telecommunications-Stealth Ground- Mounted T Subject to §18.38.060 Antennas–Telecommunications-Ground- Mounted (Non-Stealth) N Automated Teller Machines (ATM’s) P Automotive–Vehicle Sales, Lease & Rental C Subject to §18.38.200 Automotive–Sales Agency Office (Retail) C Subject to §18.38.065 Automotive–Sales Agency Office (Wholesale) P/C Subject to §18.16.055 and §18.38.065. Conditional use permit required for on-site storage, display or parking of any vehicle being held as inventory Automotive–Impound Yards C Subject to §18.38.200 Automotive–Public Parking C Automotive–Parts Sales P/ C Permitted without a conditional use permit if conducted entirely indoors Automotive–Repair & Modification C Automotive–Service Stations C Subject to §18.38.070 Automotive–Washing C Bars & Nightclubs C Billboards N Boat & RV Sales C Subject to §18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to §§18.38.190 and 18.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios–Large C 17 Dance & Fitness Studios–Small C Day Care Centers C Drive-Through Facilities C Educational Institutions–Business C Educational Institutions–General C Educational Institutions–Tutoring C Subject to §18.36.040.050 Emergency Shelters (50 or fewer occupants) P Subject to §18.38.125 Emergency Shelters (more than 50 occupants) C Subject to §18.38.125 Entertainment Venue C Equipment Rental–Large P/ C Permitted without a conditional use permit if conducted entirely indoors subject to §18.38.200 Equipment Rental–Small P Helipads & Heliports C Hospitals C Hotels & Motels C Industry– P Industry–Heavy C Junkyards C Subject to §18.38.200 Medical & Dental Offices C Mortuaries C Offices–Development P Offices–General P/ C Permitted without conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to §18.38.180 18 Outdoor Storage Yards C Permitted without a conditional use permit if all storage is screened from view. Subject to §18.38.200, otherwise a CUP Conditional Use Permit is required. Personnel Services–General C Laundromats are subject to §18.38.150 Personnel Services–Restricted C Plant Nurseries P/ C Subject to §§18.38.190, 18.38.200 and18.38.205,; otherwise a CUPConditional Use Permit is required. Public Services P Recreation–Billiards C Recreation–Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis C Recycling Facilities P/ C Subject to Chapter 18.48. Small processing facilities under 4,000 s.f. that conduct all work inside are allowed without a conditional use permit. Repair Services–General P Repair Services–Limited P Research & Development P Restaurants–Drive-Through C Subject to §18.38.220 Restaurants–General C Fast-food and take-out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; subject to §18.38.220 Restaurants–Outdoor Dining C Subject to §18.38.220 19 Restaurants–Walk-Up C Retail Sales–Household Furniture C Permitted by conditional use permit only if the retail sales portion of the business occupies a minimum of 50,000 square feet of building floor area Retail Sales–General C Industrially-related only Retail Sales–Outdoor C Subject to §18.38.190 and 18.38.200 Self- Storage C Subject to City Council Policy No. 7.2 Sex-Oriented Businesses P Subject to Chapter 18.54 Studios–Broadcasting P Studios–Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Subject to §18.38.200 Utilities–Major C Utilities–Minor P Veterinary Services P Subject to §18.38.270 Warehousing & Storage–Enclosed P Wholesaling P SECTION 7. That Section 18.10.045 (Floor Area Ratio) of Chapter 18.10 (Industrial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.10.045 FLOOR AREA RATIO. The maximum floor area ratio (FAR) for the Industrial Zone is .50 FAR per the Anaheim General Plan. An increase in the maximum floor area ratio is permitted subject to the approval of a conditional use permit in accordance with Chapter 20 18.66 (Conditional Use Permits) and subject to the requirement that the evidence presented shows that all of the conditions set forth in Section 18.66.060 exist, as well as the condition that all potential environmental impacts associated with the proposed use of the structure(s) have been duly analyzed and mitigated. SECTION 8. That Section 18.16.010 (Purpose) of Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.16.010 PURPOSE. The purpose of this chapter is to provide specific provisions for entertainment related the uses identified in this chapterwhose nature and potential impacts require additional and more specialized criteria. Unless otherwise specifically indicated, these use-specific provisions apply to the specified use in all zones where the use is allowed. SECTION 9. That Section 18.16.020 (Fees) of Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.16.020 FEES. Fees for the purpose of defraying the expenses incidental to the processing of applications, permits and appeals for the uses identified in this chapter shall be amounts established by resolution of the City Council. This fee Such fees shall beis in addition to any business license fee which is required to be paid pursuant to Chapter 3.32 of this Code. Any required post event inspection fees shall be returned if the permit is denied. SECTION 10. That Subsection .010 of Section 18.16.030 (Procedures) of Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.16.030 PROCEDURES. .010 Approval Authority. The approval authority for entertainment permits for the uses identified in contained within this Chapter for entertainment, smoking lounges and massage establishments is the Planning Director. 21 SECTION 11. That paragraph .1001 (Minor Amendments) of Subsection .100 (Amendment to Permit Approval) of Section 18.16.030 (Procedures) of Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .1001 Minor Amendments. Minor amendments are modifications that may be reviewed and approved by the Planning Director. Such amendments include minor change of entertainment type where the intensity is not increased; change of ownership for Automotive Sales Agency Office (Wholesale), smoking lounge and/or entertainment permits; tenant improvements; and changes in the entertainment area where parking and the intensity of the activity are not increased. The Planning Director has the authority to add or modify conditions of approval. Minor Amendments shall also comply with the following: .01 The original approval of the permit occurred less than ten (10) years prior to the request for amendment. .02 The underlying zoning and the General Plan land use designation for the area in which the amendment is proposed have not changed significantly since the permit was originally approved; .03 No new waivers of code requirements are needed; .04 No substantive changes to the approved site plan are proposed; .05 The nature of the approved use is not significantly changed; .06 The approved use is not intensified. SECTION 12. That new 18.16.055 (Automotive-Sales Agency Office (Wholesale)) is hereby added to Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code to read in full as follows: 18.16.055 AUTOMOTIVE-SALES AGENCY OFFICE (WHOLESALE). .010 Permit Required. Any person, firm, corporation or other entity proposing to operate an Automotive Sales Agency Office (Wholesale) at the premises where the business or establishment is proposed who will not display, park or store any vehicle being held as inventory at said premises or within any portion of the legal 22 property upon which the premises is located shall first obtain a permit in compliance with the provisions of this section, On the other hand, any person, firm, corporation, or other entity proposing to operate an Automotive-Sales Agency Office (Wholesale) at the premises where the business or establishment is proposed and who intends to display, park or store any vehicle being held as inventory at said premises or within any portion of the legal property upon which the premises is located shall first obtain a conditional use permit in compliance with Chapter 18.66 (Conditional Use Permits). .020 Operational Standards. .0101 Any person, firm, corporation, or other entity holding a permit issued pursuant to this section to operate an Automotive-Sales Agency Office (Wholesale) shall operate only as a wholesale business at the premises identified on the permit and shall not display, park or store any vehicle being held as inventory within any portion of the legal property upon which the premises is located without first obtaining a conditional use permit in compliance with Chapter 18.66 (Conditional Use Permits) . .0102 Vehicles in the possession and/or under the control of any person, firm, corporation, or other entity holding a permit issued pursuant to this section to operate an Automotive – Sales Agency Office (Wholesale) shall not be stored, parked, or displayed upon any public street or highway. SECTION 13. That Section 18.20.020 (Applicability) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.20.020 APPLICABILITY. .010 The Platinum Triangle comprises approximately eight hundred twenty (820) acres generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north. The PTMU Overlay Zone covers an area consisting of approximately four hundred and seventy five (475) acres designated for mixed use and office uses within the Platinum Triangle, as depicted in Figure 3 (General Plan Designations) of the Platinum Triangle Master Land Use Plan approved by the City Council on August 17, 2004 and amended on April 26, 2005 (Resolution No. 2005-54), September 13, 2005 (Resolution No. 2005-188) September 25, 2005 (Resolution Nos. 2005- 208 and 2005-212), June 5, 2007 (Resolution No. 2007-81), August 21, 2007 (Resolution Nos. 2007-169 and 172) April 8, 2008 (Resolution No. 2008-40), October 14, 2008 (Resolution No. 2008-179) and October 26, 2010 (Resolution 23 No. 2010-189) and on file in the Office of the City Clerk. Said Figure 3 is incorporated herein by this reference as though set forth in full. .020 Applicable Regulations. The provisions of this chapter shall supersede the corresponding regulations of the underlying zones, except as provided below. .030 Option to Use Underlying Zone. The provisions of this chapter shall not apply to parcels that have been, or are proposed to be, developed entirely under the underlying zone; provided that all requirements of the underlying zone are met by the project, except as specifically approved otherwise by variance or other official action by the City. However, any structure or any addition to an existing structure that utilizes the underlying zone shall comply with Subsection .010 (Platinum Triangle Minimum Setback Requirements) of Section 18.40.050 (Special Area Setbacks). SECTION 14. That Section 18.20.150 (Signs) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.20.150 SIGNS .010 Coordinated Program. A coordinated sign program is required to be submitted to the Planning Department, per the requirements of subsection 18.44.060.040.050 (Coordinated Sign Program), prior to the issuance of the first sign permit and shall address the following: .0101 Signs shall complement the architecture of the building and provide a unifying element along the streetscape. .0102 The size, scale, and style of signs shall be internally consistent, and consistent with the scale of the buildings of which they are a part. .0103 Wall signs for ground floor uses shall be placed between the doorway and the upper facade, and shall be located at approximately the same height as all other ground floor wall signs to create a unifying, horizontal pattern. .020 Applicability of Other Regulations. The provisions in Chapter 18.44 (Signs) shall apply to projects within the PTMU Overlay Zone except as listed below. Residential uses shall be subject to the requirements of Section 18.44.070(Signs in Residential Zones). .0201 Awning signs and projecting signs are permitted for buildings with ground floor commercial uses. 24 .0202 Thematic elements, three-dimensional objects or non-habitable structures, such as a gateway, tower, sculpture, spire and similar architectural features to entertain pedestrians, are permitted. .030 Banners used as temporary Real Estate signs in Mixed Use Developments. In conjunction with obtaining a Special Event Permit (Section 18.38.240), Mixed Use Developments within the PTMU Overlay Zone are permitted to use banners as real estate signage (as defined in Section 18.44.030) if all of the following provisions are met: .0301 Banners shall be kept clean, neatly maintained, with no missing sign copy, or ripped or faded material. Any un-maintained or damaged portion of the banners shall be repaired or replaced immediately. Non-compliance shall constitute a public nuisance and shall be subject to immediate termination of the permit. .0302 Banners shall be no greater than 225 square feet or one percent (1%) of the building face to which the banner is attached, whichever is greater. .0303 Banners shall be safely affixed to the building in a manner which ensures the safety of the public. .0304 A maximum of one (1) banner shall be permitted per street frontage. .0305 Banners shall only apply to projects implementing the PTMU Overlay Zone. .0306 Banners shall not be permitted on the same street frontage of a lot that concurrently contains a freestanding real estate sign advertising the same project, as defined by Sections 18.44.180 and 18.44.190. .0307 Banners shall be subject to the time limitations contained in Section 18.44.190.060 regarding Temporary Tract Signs. SECTION 15. That Section 18.20.120 (Sign Standards) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.24.120 SIGN STANDARDS .010 Resolution of Inconsistent Provisions. To the extent they are not inconsistent with this chapter, the provisions of Chapter 18.44 (Signs), Chapter 25 4.04 (Outdoor Advertising Signs and Structures - General), and Chapter 4.09 (Outdoor Advertising of Motel and Hotel Rental Rates) shall apply to signs and advertising structures in the (SABC) Overlay Zone. .020 Variance From Sign Requirements. No person shall install or maintain any sign in the (SABC) Overlay Zone, except as permitted in this section; provided, however, that any requirements or restrictions may be waived, in whole or in part, upon such conditions as may be imposed by the Planning Commission or the City Council, by a variance processed and approved in accordance Chapter 18.74 (Variances). Notwithstanding the foregoing, a variance shall not be granted for a parcel of property that authorizes a sign use not otherwise expressly authorized by the zone regulations governing that parcel of property. .030 Signs Approved In Conjunction With Conditional Use Permits. Approval of any conditional use permit shall be deemed to constitute approval of any on- site signs that are otherwise permitted in the (SABC) Overlay Zone, unless, as part of the action approving the conditional use permit, more restrictive sign requirements are imposed. .040 Legal Nonconforming Signs – General. Any sign or other advertising display or structure of whatever type or nature, other than an illegal sign, which violates or otherwise does not comply with the applicable requirements of this chapter, shall be subject to compliance with the regulations prescribed in subsection .050 below. .050 Legal Nonconforming Signs – Continuation and Termination. Any legal nonconforming sign or sign structure in existence in the (SABC) Overlay Zone on December 12, 2000, that violates or otherwise does not conform to the provisions in this chapter, shall be removed, altered or replaced so as to conform to the requirements of this chapter (hereinafter, the “abatement”), within fifteen (15) years after the date the sign first becomes nonconforming to the provisions of this chapter, or on such earlier date as may be designated in conformance with the requirements specified in Chapter 2.5 of Division 3 of the Business and Professions Code of the State of California, or any successor provisions thereto. In no event shall such abatement be required, unless and until the owner of the sign has received not less than one (1) year's advance, written notice, directing removal or alteration of the sign. Notwithstanding the foregoing, and in compliance with any applicable due process requirements, the following provisions apply: .0501 Any advertising display that was lawfully erected and does not conform to the provisions of this chapter, but whose use has ceased or the structure upon which the display exists has been abandoned by its owner for a period of not less than ninety (90) days, shall be removed, altered or replaced so as to conform to the provisions of this chapter, within six (6) months from the 26 date of receipt of a written order of abatement from the City requiring such abatement. Costs incurred by the City in removing an abandoned display shall be borne by or charged to the legal owner of the real property upon which the sign is located. .0502 Any advertising display structure that does not conform to the provisions of this chapter, which has been more than fifty percent (50%) destroyed (by valuation of the sign), and the destruction is other than facial copy replacement, and the structure cannot be repaired within thirty (30) days of the date of its destruction, shall be removed, altered or replaced so as to conform to the provisions of this chapter, within sixty (60) days from the date of receipt of a written order of abatement from the City requiring such abatement. .0503 Any advertising display that does not conform to the provisions of this chapter, whose owner requests permission to remodel (outside of a change of facial copy), and remodels that advertising display, or expands or enlarges the building or intensifies the land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling of the building, shall remove, alter, or replace such sign so as to conform to the requirements of this chapter in conjunction with said project. .0504 Any advertising display that does not conform to the provisions of this chapter, for which there has been an agreement between the advertising display owner and the City for its removal as of any given date, shall remove such sign in accordance with the provisions of the agreement. .0505 Any advertising display, which may become a danger to the public or is unsafe, shall be removed, altered or replaced so as to conform to the requirements of this chapter, within thirty (30) days from the date of receipt of a written order of abatement from the City requiring such removal or alteration. Any advertising display that poses an immediate danger to public health or safety shall be abated, as provided in the written order of abatement from the City. .0506 Any advertising display, which is determined by the City Engineer to constitute a traffic hazard not created by the relocation of streets or highways or by acts of the City, shall be removed, altered or replaced so as to conform to the requirements of this chapter, as provided in the written order of abatement from the City requiring such removal or alteration. .0507 Any other advertising display that does not conform to the provisions of this chapter, for which the City is exempt from the payment of compensation in conjunction with requiring its removal as specified in Chapter 2.5 of Division 3 of the Business and Professions Code of the State of California, or any successor provisions thereto, shall be subject to removal as specified in that Code. 27 .060 Illegal signs. Illegal signs, as defined Chapter 18.44 (Signs), shall be removed, altered or replaced so as to conform to the requirements of this chapter, within six (6) months following December 12, 2000. .070 Signs in the Packing District. The Packing District contains two historically significant structures and consists of properties within the I (SABC- Neighborhood Commercial District) (Industrial, South Anaheim Boulevard Corridor Overlay-Neighborhood Commercial District) zone located on the east side of Anaheim Boulevard between Broadway and Santa Ana Street. The purpose of this section is to allow for the continuation of unique and innovative signs within this district, including the existing Farmer’s Park monument signs permitted under SGN2012-00194. An applicant may request approval of an amendment to said permit for any future on-site signs that employ standards that differ from the other provisions of this chapter, subject to the requirements as set forth in Section 18.44.055060.040 pertaining to coordinated sign programs. SECTION 16. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section 18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited DMU Special Provisions Residential Classes of Uses Dwellings–Multiple-Family P Dwellings–Single-Family Attached P Dwellings–Single-Family Detached P Senior Citizen Housing P Subject to Chapter 18.50 (Senior Citizens' Housing Apartment Projects) Supportive Housing P Transitional Housing P 28 Non-Residential Classes of Uses Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale C Antennas–Broadcasting P Conditional use permit required, if facilities are not accessory to a primary use on the same lot, not completely screened from view from a public right-of-way or not disguised as an integral architectural feature Antennas– Private Transmitting P Conditional use permit required, if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature Antennas–Telecommunications P Conditional use permit required, if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature; subject to §18.38.060 (Mechanical and Utility Equipment – Ground Mounted) Automotive–Public Parking P Automotive–Sales Agency Office (Wholesale) P Subject to §18.16.055 for office use, only; no on-site storage, display or parking of any vehicle being held as inventory Bars & Nightclubs C Billboards N Business & Financial Services P Commercial Retail Centers C Community & Religious Assembly C Conditional use permit not required for museums Computer Internet & Amusement Facilities N Convalescent & Rest Homes C Convenience Stores C Dance & Fitness Studios–Large C 29 Dance & Fitness Studios–Small P Day Care Centers C Educational Institutions–Business C Educational Institutions–General C Entertainment Venue C Golf Courses & Country Clubs C Golf courses and putting greens may be allowed if accessory to a primary permitted use Group Care Facilities C Subject to § 18.36.040.070 Hotels & Motels C Motels not allowed Markets–Large P Outdoor farmers markets are allowed with a conditional use permit Markets–Small C Delicatessens that primarily serve take-out customers do not require a conditional use permit Medical & Dental Offices P Offices–General P Personnel Services–General P On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats are subject to § 18.38.150; massage subject to § 18.16.070 Public Services P Recreation–Billiards P Recreation–Commercial Indoor C Recreation–Low-Impact C Recreation–Swimming & Tennis P Recycling Services–Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval 30 Repair Services–Limited C Restaurants–General P Subject to § 18.38.220 (Restaurants – Outdoor Seating and Dining) Restaurants–Outdoor Dining C Restaurants–Walk-Up P Retail Sales–General P Retail Sales–Kiosks C If food service is proposed, the application shall include a complete description of how food products will be refrigerated and/or heated, and how utensils, appliances and equipment will be cleaned. Retail Sales–Used Merchandise P Antique shops only Studios–Broadcasting C Studios–Recording P Transit Facilities C Bus depots prohibited Utilities–Major C Utilities–Minor P SECTION 17. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section 18.32.030 (Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited MU Special Provisions Residential Classes of Uses Dwellings–Multiple- Family C 24-hour on-site management is required Dwellings–Single- Family Attached C 31 Senior Citizen Housing C Subject to Chapter 18.50 Supportive Housing C Transitional Housing C Non-Residential Classes of Uses Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale C Antennas– Telecommunications C Shall be fully screened by the building to which they are attached; subject to § 18.38.060 Automotive–Sales Agency Office (Wholesale) P Subject to §18.16.055 for office use, only; no on-site storage, display or parking of any vehicle being held as inventory Bars & Nightclubs C Business & Financial Services P Computer Internet & Amusement Facilities N Convenience Stores C Subject to § 18.38.110 Dance & Fitness Studios–Large C Dance & Fitness Studios–Small P Educational Institutions–Business C Entertainment Venue C Markets–Large C Subject to § 18.38.155 Markets–Small C Subject to § 18.38.155 Medical & Dental Offices P Offices P Personnel Services–General P Personnel Services–Restricted C 32 Recreation–Commercial Indoor C Recreation–Low-Impact P Allowed only as an accessory use to a primary use Repair Services–Limited P Restaurants–General P Subject to § 18.38.220 Restaurants–Outdoor Dining P Subject to § 18.38.220 Retail Sales–General P Retail Sales–Kiosks C Short-Term Rentals P Subject to a short-term rental permit as provided in Chapter 4.05 Transit Facilities C Utilities–Major P Allowed only as an accessory use to a primary use SECTION 18. That Section 18.32.110 (Signs) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.32.110 SIGNS .010 Coordinated Program. A coordinated sign program for each mixed use project is required to be submitted to the Planning Department, per the requirements of subsection 18.44.055060.040 (Coordinated Sign Program), prior to the issuance of the first sign permit. A mixed use project may include projecting signs, identifying commercial uses, as part of the coordinated sign program. .020 Applicability of Other Regulations. The provisions in Chapter 18.44 (Signs) shall apply to all non-mixed use projects within the MU Overlay Zone. 33 SECTION 19. That Subsection .010 (“A” Use Classes) and .030 (“C” Use Classes) of Section 18.36.040 (Non-Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .010 “A” Use Classes. Agricultural Crops. This use class consists of the growing of field crops, trees, vegetables, fruits, berries, and nursery stock, but does not include the raising of animals for commercial purposes. The accessory retail sale of products grown on-site is also included. Alcoholic Beverage Manufacturing. This use class consists of establishments that produce or manufacture alcoholic beverages of all types. Businesses under this use class may sell alcohol produced or manufactured on the alcoholic beverage manufacturer's licensed premises for On-Sale or Off-Sale consumption. Typical uses include breweries, distilleries and wineries. Tasting rooms may be included in conjunction with the manufacturing. Alcoholic Beverage Sales-Off-Sale. This use class consists of establishments that sell alcoholic beverages of all types for consumption outside the building in which they are sold. Typical uses include liquor or grocery stores, and convenience markets, selling alcoholic beverages for off-site consumption. Alcoholic Beverage Sales-On-Sale. This use class consists of establishments that sell alcoholic beverages of all types for consumption within the building in which they are sold or in an accessory outdoor dining area. Typical uses include bars, wine bars, brew pubs, and restaurants that serve alcoholic beverages. Ambulance Services. This use class consists of establishments that offer a service of providing vehicles for transporting the sick or injured. Overnight storage of such vehicles is included, but vehicle maintenance is not. Helipads used for Ambulance Services are subject to the provisions of the Helipads use class. Animal Boarding. This use class consists of facilities for the medical treatment, grooming care, breeding, or overnight accommodation of more household pets than are allowed as an accessory use to a residential use, but does not include the care, treatment, breeding or accommodation of large animals, such as horses, sheep or hogs. Animal Grooming. This use class consists of facilities for the grooming of household pets, but does not include overnight accommodation or other activities covered by Animal Boarding or Veterinary Services. 34 Antennas-Broadcasting. This use class consists of transmitting antennas or transmitting and receiving antennas used for the purpose of broadcasting radio, television or other electronic signals. Antennas-Private Transmitting. This use class consists of ground-mounted, amateur-operated radio transmitting towers and/or antennas. Amateur-operated radio towers and/or antennas that are used only for receiving signals are considered an allowed accessory use. Antennas-Telecommunications. This use class consists of transmitting and receiving antennas used for the purpose of relaying telephone and data transmissions. Automated Teller Machines (ATM’s). This use class consists of cash dispensing machines that are typically located on an exterior building wall or as a stand-alone facility. Such uses are not considered a separate tenant space when associated with a commercial retail center. Automotive–Vehicle Sales, Lease & Rental. This use class consists of the established place of business operated by a “dealer” for the sale, long-term lease, or rental of new or used automobiles, motorcycles or motorized scooters for profit, including automobile auction facilities and the onsite outdoor storage of vehicles for sale, lease or rent. Typical land uses are car lots where vehicles displayed for sale typically include advertising. The term “dealer” is defined in the California Vehicle Code. Automotive–Sales Agency Office (Retail). This use class consists of offices for businesses or establishments operated by a “dealer” for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, “brokering”, or otherwise dealing in used motor vehicles for sale at retail (including internet sales) who does not offer used motor vehicles for sale at wholesale or wholesale. The terms “dealer” and “brokering” are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term “used motor vehicles” includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and shall also have an display area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory situated on the same property at the premises where the business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site); provide, however, that a dealer who is a wholesaler involved for profit only in the sale of vehicles between licensed dealers shall have an office, but a display area is not required. This use class includes "autobroker” or "auto buying service", as defined in Section 166 of the California Vehicle Code. 35 Automotive–Sales Agency Office (Wholesale). This use class consists of offices for businesses or establishments operated by a “dealer” for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, “brokering”, or otherwise dealing in used motor vehicles at wholesale (including internet sales) and who do not sell motor vehicles at retail, or who is a wholesaler involved for profit only in the sale of motor vehicles between licensed dealers. The terms “dealer” and “brokering” are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term “used motor vehicles” includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and may have an area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory at the premises where the business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site); but the display, parking or storage of any vehicle being held as inventory on-site is not required. This use class includes an “autobroker” or "auto buying service", as defined in Section 166 of the California Vehicle Code, that does not sell motor vehicles at retail. Automotive-Impound Yards. This use class consists of facilities used for the temporary storage of vehicles that have been involved in accidents. It does not include the repair or dismantling of vehicles. Automotive-Public Parking. This use class consists of outdoor parking lots or parking structures, either publicly or privately owned, where they are the primary use of the property and not accessory to another use. Any parking lot used for overnight parking shall be considered ‘Warehousing & Storage-Outdoors’. Automotive-Parts Sales. This use class consists of the sale of new or reconditioned parts used in automobiles, motorcycles, trucks and similar vehicles, but does not include the on-site installation of such parts or lubricants. Automotive-Repair and Modification. This use class consists of services such as body work, conversion, installation of parts, modification, painting, repair, smog check and tire installation for automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles. The repair of trucks is considered ‘Truck Repair and Sales’. Automotive-Service Stations. This use class consists of gasoline stations, including ancillary convenience retail and auto services. Service stations that contain any repair bays are considered ‘Automotive-Repair and Modification’. Automotive-Washing. This use class consists of establishments providing hand-operated, self-service, or mechanical automobile washing services, and may include detailing. 36 .030 “C” Use Classes. Cemeteries. This use class consists of burial grounds for the interment of the dead or their remains. Uses include cemeteries and crematories, columbaria, and mausoleums located within cemeteries. Commercial Placemaking Uses. Innovative use of indoor or outdoor public and private space for commercial purposes to support a unique mixed use district in conformance with Section 18.30.180 (DMU Design Guidelines). Commercial Retail Centers. This use class consists of any combination of two (2) or more commercial uses or commercial businesses, excluding those found in a mixed-use project, that are otherwise permitted or conditionally permitted in the zone in which they are located, and that are either: (i) located on a single parcel of property; (ii) constructed as or otherwise resulting in a single development project with shared parking or access; or (iii) a result from a remodeling, partitioning or other division of space in a building, business or use on a single parcel of property. Community & Religious Assembly. This use class consists of community meeting and cultural facilities; meeting, athletic, recreational or social facilities of a private fraternal or benevolent organization; and facilities for religious worship, with incidental educational or residential use. Uses include fraternal lodges, meeting halls, community centers, libraries, museums, churches, mosques, synagogues, monasteries, convents, and religious retreat centers. Computer Internet & Amusement Facilities. This use class consists of establishments that, for compensation, provide for public use of computers or electronic communication devices to which computers are connected, for the purpose of providing its patrons with access to the Internet, e-mail, video games played over the Internet, or other computer game software. Typical uses include or are commonly known as PC (personal computer) cafes or zones, internet cafes or zones, cyber cafes or cyber centers or other similar descriptors or uses. Such uses, when part of, and accessory to, educational institutions and day care centers, are not included. Convalescent & Rest Homes. This use class consists of facilities providing nursing, dietary and other personal services for seven (7) or more convalescents, invalids and aged persons, but excluding cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in hospitals. Convenience Stores. This use class consists of the retail sales of food and beverages, primarily for off-site preparation and consumption, and found in establishments characterized by long or late hours of operation, on-site parking, and a building less than ten thousand (10,000) square feet. Establishments where twenty-five percent (25%) or more of transactions are sales of prepared food for 37 on-site or take-out consumption are classified as a restaurant use. This use class may be combined with Automotive–Service Stations. SECTION 20. That Section 18.38.065 (Automotive – Sales Agency Office) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.38.065 AUTOMOTIVE – SALES AGENCY OFFICE (RETAIL) AND AUTOMOTIVE – SALES AGENCY OFFICE (WHOLESALE). .010 Automotive - Sales Agency Office (RetailWholesale), as defined in Chapter 18.36 (Types of Uses), are subject to the following provisions: .0101 Any person, firm, corporation, or other entity proposing to operate an Automotive-Sales Agency Office (Retail) shall first obtain a conditional use permit in compliance with Chapter 18.66 (Conditional Use Permits) and shall be subject to the following provisions. Likewise, any person, firm, corporation or other entity proposing to operate an Automotive – Sales Agency Office (Wholesale) that stores, displays or parks any vehicle being held as inventory at the premises where the business or establishment is proposed or established or within any portion of the legal property upon which the premises is located shall first obtain a conditional use permit in compliance with Chapter 18.66 (Conditional Use Permits) and shall be subject to the following provisions. .01021 No flags or banners are permitted on a used motor vehicle offered for sale to a consumer, except for the display of a window sticker called the “Buyer’s Guide” in compliance with the Federal Trade Commission’s Trade Regulation Rule Concerning the Sale of Used Motor Vehicles (Part 455 of Title 16 of the Code of Federal Regulations). .01032 Vehicular servicing, repair, detailing, rental and washing are not permitted in conjunction with an Automotive-Sales Agency Office. .01043 The storage, display or parking of automobiles beyond the on-site display space authorized under the conditional use permit is prohibited. No person, firm, corporation, or other entity engaged in conducting or carrying on the business of an Automotive-Sales Agency Office (Retail) or an Automotive – Sales Agency Office (Wholesale) which is subject to this section shall store, display or park for such purposes any motor vehicle in his/her/its possession or under his/her/its control upon any public street or highway; provided, however, that the prohibition contained in this sentence shall not apply to any motor vehicle registered in the name of such person, firm, corporation, or other entity or to any motor vehicle for which an application and fee for registration in the name of such person, firm, corporation, or other entity has been filed with the California 38 Department of Motor Vehicles as long as the motor vehicle is not for sale by the owner of the business. .020 Prohibited Uses. Automotive-Sales Agency Offices (Retail) and Automotive – Sales Agency Offices (Wholesale) that store, display or park any vehicle being held as inventory at the premises where the business or establishment is proposed or established or within any portion of the legal property upon which the premises is located, including internet sales, are prohibited within industrial zones that do not allow offices as a permitted primary use, unless a conditional use permit is obtained in compliance with Chapter 18.66. .030 Continuance of Nonconforming Rights. .0301 Purpose. It is the purpose and object of this subsection to establish a review process for the maintenance and operation of Automotive-Sales Agency Offices (Retail) and Automotive–Sales Agency Offices (Wholesale) that store, display or park any vehicle being held as inventory at the premises where the business or establishment is proposed or established or within any portion of the legal property upon which the premises is located. Because of changes in the City’s Zoning Code, such Automotive-Sales Agency Offices (Retail) and Automotive–Sales Agency Offices (Wholesale) that were established in compliance with applicable regulations at the time of their development no longer comply with existing regulations. .031 General Rules for Previously Conforming Uses. The following general rules apply to all Automotive-Sales Agency Offices (Retail) and Automotive–Sales Agency Offices (Wholesale), defined in Subsection .010 of this Section 18.38.065, existing as of the effective date of the ordinance enacting this SectionOctober 4, 2013: (i) Automotive-Sales Agency Offices Said uses must have been established in compliance with all permit requirements and must have been lawful until a change in the applicable regulations of the Zoning Code made the use previouslynon-conforming. (ii) The property owner or person asserting rights for an Automotive- Sales Agency Office said use has the burden to provide the Planning Director with sufficient documentation to establish the existence of the previously conforming use. (iii) An Automotive-Sales Agency OfficeSaid use that complies with the provisions of this Section may continue to exist and operate for the amortization period specified herein below. .032 Abandonment of Previously Conforming Uses. (i) An Automotive-Sales Agency Office (Retail) and an Automotive– Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 39 18.38.065, may continue to operate or may resume operations if discontinued for a period of less than sixty (60) consecutive days. (ii) It is unlawful to reinstate any Automotive-Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, after the use has been discontinued for a period of sixty (60) consecutive days. Discontinuance of the use for a period of sixty (60) days or more creates a presumption in favor of abandonment, against which the owner or person asserting rights to the continued use may offer evidence. (iii) If thean Automotive-Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, is discontinued temporarily while repairs, remodeling, or major alterations of the structure in which the use is located are under construction, maintenance of an active construction permit and continuance of the Business License constitutes conclusive evidence that the use has not been abandoned during the construction. .033 Amortization Period. (i) An Automotive-Sales Agency Office (Retail) and an Automotive– Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, existing on October 4, 2013the effective date of the ordinance enacting this Section may be continued, as specified below: (1) If thean Automotive-Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, is otherwise in compliance with all other provisions of Title 18 (Zoning) of the Anaheim Municipal Code, including Section 18.38.065 (Automotive - Sales Agency Offices ); and (2) If thean Automotive-Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, is subject to a written lease, entered into prior to October 4, 2013the effective date of the ordinance enacting this Section, then thean Automotive-Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale) may continue until no later than July 1, 2015; or (3) If thean Automotive-Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, invokes the investment of money in real property, improvements, or stocks in trade such that a termination date beyond July 1, 2015 is necessary to prevent undue financial hardship, then it may be continued until July 1, 2016. (ii) To apply for an extension of time, an applicant shall file an application with the Planning Director, on a form provided by the Planning 40 Department, identifying the present location of the Automotive-Sales Agency Office (Retail) or the Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, and accompanied by data supporting the extension request and any fee provided for by resolution of the City Council. An extension shall be approved if it meets the requirements of subparagraph (i), above. (1) A decision shall be made within thirty (30) days from the date of filing. This time limit may be extended by mutual written consent of the applicant and the Planning Director. (2) An appeal from the determination of the Planning Director on whether a proposed exception meets the requirements of subparagraph (i) may be taken to the Planning Commission in the same manner as prescribed in Section 18.60.135. The Planning Commission’s decision shall be final. (3) If the Planning Director or, upon appeal, the Planning Commission disapproves an extension, then it shall make findings of fact showing how the proposed extension fails to meet the requirements of subparagraph (i), above. SECTION 21. That Section 18.40.050 (Special Area Setbacks) of Chapter 18.40 (General Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.40.050 SPECIAL AREA SETBACKS .010 Platinum Triangle Minimum Setback Requirements. Any structure or any addition to an existing structure fronting on the following streets, shall have an open setback area extending for the full width of the property. This setback shall be parallel to the centerline of the street, and shall be measured from the planned highway right-of-way line, as designated on the Circulation Element of the General Plan, and shall be of such depth as indicated in Table 40-A (Platinum Triangle Special Area Setbacks) below. Table 40-A PLATINUM TRIANGLE SPECIAL AREA SETBACKS Streets Minimum Setbacks (feet) Anaheim Way 20 Cerritos Avenue west from Douglass Road to the Southern California Edison Company easement 20 Douglass Road south from 12 41 Cerritos Avenue to Katella Avenue Gene Autry Way west from State College Boulevard to the Santa Ana Freeway (Interstate 5) 12 Howell Avenue west from Katella Avenue to State College Boulevard 20 Katella Avenue west from the east city limits to the Santa Ana Freeway (Interstate 5) 18 Lewis Street south from the Southern California Edison Company easement to Anaheim Way 20 Orangewood Avenue west from the east city limits to the Santa Ana Freeway (Interstate 5) 12 feet (west of State College Boulevard) 12 feet (east of State College Boulevard) 7-1/2 feet (where the underlying zone is “PR” Public Recreation) State College Boulevard south from the Southern California Edison Company easement to the south City limits 13 feet (south of Gene Autry Way) 16 feet (north of Gene Autry Way to the Railroad Grade Separation) 20 feet (north of the Railroad Grade Separation) 15 feet (where the underlying zone is “PR” Public Recreation) Orange Freeway (State Route 57) south from the Southern California Edison Company easement to the south City limits, including any freeway transition road and on-ramp or off-ramp 25 .0101 Landscaping of Setback Areas. Required landscaping shall be provided in accordance with Chapter 18.46 (Landscaping) and The Platinum 42 Triangle Master Land Use Plan. For properties within the boundaries of the Platinum Triangle Mixed Use (PTMU) Overlay Zone, all required structural setbacks and yards adjacent to public streets and arterial highways shall be landscaped and permanently maintained with lawn, ground cover, shrubs and trees as specified in Chapter 18.20 (PTMU Overlay Zone). .0102 Permitted Encroachments into Setback Areas. Permitted encroachments into setback areas shall be the same as in the underlying zone. .0103 Exemptions. The projects or improvements in Table 40-B (Platinum Triangle Special Area Setback Exemptions) below are exempt from the Platinum Triangle Special Area Setbacks. However, If the Planning Director determines that adverse impacts would occur from the improvements, if the improvements would add any additional square footage beyond five percent (5%) of each building's floor area, or if the improvements are not in substantial conformance with the building envelope, the improvement plans shall require a conditional use permit subject to the provisions of paragraph 18.40.050.010.0104 below. Notwithstanding the foregoing, the Planning Director may refer any of the below-noted improvement plans to the Planning Commission for consideration as a conditional use permit. TABLE 40-B PLATINUM TRIANGLE SPECIAL AREA SETBACK EXEMPTIONS Exemption Special Provisions Interior building alterations Modifications or improvements that do not result in an increase in the gross square footage of the building or result in a change in the use of the building. Minor building additions or improvements to or at the rear of a building or development complex Must not be visible from the public right-of-way; do not exceed five percent (5%) of the building’s gross square footage or one thousand (1,000) square feet, whichever is lesser. Exterior facade improvements Must not add to the gross square footage of a building or development complex; are in substantial conformance with the 43 TABLE 40-B PLATINUM TRIANGLE SPECIAL AREA SETBACK EXEMPTIONS Exemption Special Provisions building envelope. Such improvements may include, but are not limited to, the installation of window awnings and/or canopies, replacement of existing doors and windows, and modification, repair or resurfacing of exterior walls and roof areas. Landscape/Hardscape Improvements or modifications that are not in connection with building modifications. .0104 Non-conforming Structures. Structures that do not comply with the Platinum Triangle Special Area Setback requirements and are not exempt from said requirements may be permitted subject to the approval of a conditional use permit in accordance with the provisions of Chapter 18.66 (Conditional Use Permits) and subject to the requirement that the evidence presented shows that all of the conditions set forth in Section 18.66.060 exist, as well as the condition that the use and/or structure will bring the property into greater conformity with the intent of the Platinum Triangle Master Land Use Plan. .020 North Anaheim Boulevard and West Lincoln Avenue Minimum Setback Requirements. Any structure or any addition to an existing structure fronting on Anaheim Boulevard, north of Lincoln Avenue and/or fronting on Lincoln Avenue, west of Anaheim Boulevard and east of the Santa Ana (I-5) Freeway, may have a zero (0) foot street setback extending for the full width of the building or structure; a minimum ten (10) foot wide, fully landscaped street setback area shall be provided for any street frontage that does not have a building or structure. This setback shall be parallel to the centerline of the street and shall be measured from the ultimate right-of-way of any adjacent public street or arterial highway. Required landscaping shall be provided in accordance with Chapter 18.46 (Landscaping); where parking is visible from a public right-of-way, the parking shall be screened by one of the following with the exception of line-of- sight requirements as shown on the applicable Engineering Standard Details pertaining to commercial driveway approaches: 44 .0201 Shrubs or bushes which can attain a minimum height of thirty-six (36) inches within two (2) years of installation; .0202 Landscaped berms with a minimum height of thirty-six (36) inches (including the mature height of landscape planted thereon); or .0203 Maximum thirty-six (36) inch high decorative walls or fences planted with clinging vines that will substantially cover the wall or fence within two (2) years of installation. SECTION 22. That Section 18.44.040 (Prohibited Signs) of Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.44.040 PROHIBITED SIGNS. All signs that are not specifically permitted in this chapter, including but not limited to, the following types of signs, shall be prohibited: .010 Abandoned signs. .020 Awning signs, except as otherwise specifically permitted by this Zoning Code as part of a coordinated sign program. .030 Balloons and other inflatable devices that are roof-mounted or that enclose a volume of more than two (2) cubic feet, except as permitted by special event permit. .035 Billboards. .040 Flashing or blinking signs that have moving parts or parts so devised that the signs appear to move or to be animated, and that blink, flash or emit a varying intensity of color or light which could cause glare, momentary blindness or other annoyance, disability or discomfort to persons on surrounding properties or driving by. .050 Illegal signs. .060 Internally illuminated cabinet signs, with tenant names mounted on Plexiglas-type strips that slide within channels to accommodate changing tenancy. .070 Nonconforming signs that have been subject to an amortization period that has expired, and conformance has not been accomplished; .080 Parking of Advertising Vehicles. No person shall park any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way, which has attached thereto or located thereon 45 any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property. This section is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle that is in working condition and is used regularly in the business or activity. Any such vehicle shall be parked within reasonable distance of the business. .090 Pennant signs, except as permitted by special event permit. .100 Permanent sale or "come-on" signs. .110 Placards, posters, announcements and similar signs posted or attached to any fence, pole, tree or any other object in the public right-of-way, except those of an official nature authorized by the City Council. .120 Pole-mounted freestanding signs. .130 Portable signs, including "A" frame signs, except as may be allowed by a coordinated sign program. .140 Private-use signs on public land or right-of-way. .150 Projecting signs. No projecting signs, as defined herein, shall be permitted, regardless of the zone in which such sign is proposed to be located, if: (a) such sign projects over any public right-of-way; or (b) such sign is visible from a public right-of-way, unless permission is obtained from the City. .1650 Pump island signs. .1760 Roof signs. .1870 Rotating or revolving signs. .1980 Signs that exceed the height of a roofline. .200190 Signs encroaching into the public right-of-way, unless a variancean encroachment license has been approved by the City Engineer, allowing the encroachment into the ultimate right-of-way until the street is widened. Signs within the public right-of-way that are approved in conjunction with an approved Wayfinding Sign program are exempt from this prohibition. .2100 Signs painted on fences or walls (other than building walls). .2210 Signs that have rust, chipped, cracked or peeling paint; hanging, dangling, torn or frayed parts, such as on an awning; permanently burned-out bulbs; illegible letters or numbers; graffiti, subject to Section 18.44.160. .2320 Signs made of vinyl fabric and used as permanent signage. 46 .2430 Signs painted on plywood or particle board (excluding temporary real estate signs). .2540 Statuary or representative figures, real or simulated, utilized for advertising purposes. .2650 Signs that are a danger to the public or are unsafe. .2760 Signs that cause a potential traffic hazard or obstruct the view of any authorized traffic sign, signal or other such device. SECTION 23. That Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to add Section 18.44.055 (Coordinated Sign Program) to read in full as follows: 18.44.055 COORDINATED SIGN PROGRAM .010 A coordinated sign program shall be submitted to the Planning Department in connection with the following projects: .0101 A multiple-occupancy site consisting of two (2) or more tenant spaces; .0102 Any separately identifiable building group; .0103 A neighborhood or community shopping center; .0104 Any other site containing at least forty thousand (40,000) square feet of land area; and .0105 Any project for which a coordinated sign program is specifically required by the provisions of the applicable zone, or conditions of approval of a zoning entitlement. .020 The Planning Director shall approve the coordinated sign program if all signs within the coordinated sign program comply with the provisions of this chapter, if any of the signs proposed require approval of a conditional use permit, the entire coordinated sign program shall be submitted as conditional use permit. .030 For a site on which a more restrictive sign program has been adopted, the provisions contained in the coordinated sign program shall take precedence over the signage requirements of the applicable zone. .040 In addition to the provisions contained above, the following shall also apply to the area described as the Platinum Triangle, as described in the Platinum Triangle Master Land Use Plan: 47 .0401 If any of the signs in the proposed coordinated sign program do not comply with the requirements of this chapter, said coordinated sign program shall be subject to the approval of a conditional use permit and the required findings in 18.66.060 and the following additional findings: .01 Signs shall complement the architecture of the buildings on the same property and provide a unifying element along the streetscape; and .02 The size, scale and style of signs shall be internally consistent and consistent with the scale of the buildings located on the same property and the surrounding land uses. SECTION 24. That Section 18.44.060 (Other Required Approvals) of Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.44.060 OTHER REQUIRED APPROVALS All signs shall comply with the provisions of this chapter. .010 No Permit Required. The following signs do not require approval by the City, but shall comply with the provisions of this chapter: .0101 Nameplates erected in accordance with Section 18.44.110; .0102 Window signs erected in accordance with Section 18.44.110; .0103 Public utility signs and signs required by law and erected in accordance with Section 18.44.140. .0104 Political signs erected in accordance with Section 18.44.210. .0105 Non-illuminated, foam-letter signs and non-illuminated wall signs, provided no wall is punctured. .020 Traffic Engineering Approval. Monument and freestanding signs require approval by the City Traffic and Transportation Manager to ensure that they do not pose a traffic or pedestrian safety hazard. .030 Building Division Approval. All signs that are illuminated or use electricity, and involve puncturing of a wall shall require approval of the Building Division. .040 Coordinated Sign Program. .0401 A coordinated sign program shall be submitted to, and approved by, the Planning Director in connection with the following projects: 48 .01 A multiple-occupancy site consisting of two (2) or more tenant spaces; .02 Any separately identifiable building group; .03 A neighborhood or community shopping center; .04 Any other site containing at least forty thousand (40,000) square feet of land area; and .05 Any project for which a coordinated sign program is specifically required by the provisions of the applicable zone, or conditions of approval of a zoning entitlement. .0402 For a site on which a more restrictive sign program has been adopted, the provisions contained in the coordinated sign program shall take precedence over the signage requirements of the applicable zone. .04050 Temporary Signs. Temporary signs permitted by Section 18.44.180 and Section 18.44.210 do not require approval by the City, but shall comply with the provisions of this chapter. .0650 Application Requirements. All applications for sign permits or other required approvals require submittal by the applicant of photographs of all existing freestanding, monument, wall and other signs on the property, and a site plan of the property showing their location(s). The application shall also identify the square footage of all existing wall signs that are to remain. SECTION 25. That Section 18.44. 110 (Wall Signs and Other Types of Signs) of Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.44.110 WALL SIGNS AND OTHER TYPES OF SIGNS. In addition to the signs permitted elsewhere in this chapter, the following types of signs may be permitted, subject to the limitations and conditions prescribed herein: .010 Wall Signs. Wall signs are allowed in non-residential zones, including commercial uses in the “T” Zone, unless otherwise provided herein. Wall signs shall comply with the following provisions: .0101 Freestanding commercial and industrial buildings. The following building elevations are permitted to have one wall sign except as otherwise specified in paragraph .04 below: 49 .01 One wall sign per building elevation fronting on a street. Corner lots with building elevations fronting on two streets are permitted to have one sign per building elevation. .02 One wall sign per building elevation with a main entrance fronting on the primary parking area. .03 One wall sign per building elevation fronting and directly abutting a freeway. .04 Two additional wall signs are permitted on building elevations greater than 100 feet in length, except for elevations abutting a freeway. .0102 Multi-tenant commercial or industrial buildings within a center. Tenant spaces containing multiple businesses are not eligible for multiple business signs. The following building elevations are permitted to have one wall sign except as otherwise specified in paragraph .05: .01 One wall sign per tenant space. For corner tenant spaces having two building elevations, one wall sign shall be permitted on each building elevation. .02 One wall sign per building elevation with a main entrance fronting on the primary parking area. .03 One wall sign per tenant space with a building elevation facing a primary entrance drive from a public street. .04 One wall sign per building elevation fronting and directly abutting a freeway. .05 Two additional wall signs are permitted on building elevations greater than 100 feet in length, except for elevations abutting a freeway. .0103 Office buildings with a common main entrance(s) with three or fewer stories. Wall signs shall be located on the parapet wall adjacent to the roof or between the first and second floors only. Wall signs are intended to display the name of the primary tenant of the office building and are not intended to display the name of each tenant of an office building. The following building elevations are permitted to have one wall sign except as otherwise specified in paragraph .04. .01 One wall sign per building elevation fronting on a street. Corner lots with building elevations fronting on two streets are permitted to have one sign per building elevation. .02 One wall sign per building elevation with a main entrance fronting on the primary parking area. 50 .03 One wall sign per building elevation fronting and directly abutting a freeway. .04 Two additional wall signs are permitted on building elevations greater than 100 feet in length, except for elevations abutting a freeway. .0104 Office buildings with a common entrance(s) with four or more stories. Wall signs shall be located on the parapet wall adjacent to the roof or between the first and second floors only. Wall signs are intended to display the name of the primary tenant of the office building and are not intended to display the name of each tenant of an office building. The following building elevations are permitted to have wall signs. .01 Three wall signs per building elevation fronting on a street. Corner lots with building elevations fronting on two streets are permitted to have three signs per building elevation. .02 One wall sign per building elevation with a main entrance fronting on the primary parking area. .03 One wall sign per building elevation fronting and directly abutting a freeway. .0105 The maximum aggregate area of allowable wall signs per building elevation is limited to one square foot of sign area per lineal foot of that building elevation. Wall signs for individual tenants shall not exceed one square foot of area per lineal foot of said tenant’s building elevation. Wall signs on building elevations fronting a freeway shall be limited to one square foot of sign area per lineal foot of that building elevation or a maximum of one hundred and fifty (150) square feet, whichever is less; .0106 The maximum aggregate area of allowable wall signs per building elevation for office buildings with four or more stories shall be limited to three square feet of sign area per lineal foot of that building elevation; .0107 The sign display shall be limited to the name of the business and general services provided. Promotional messages and specific products or services rendered are not permitted. .0108 The single display surface shall be placed parallel to, and in front of, any exterior wall of the building; .0109 The sign shall be placed on a flat surface and not on a decorative architectural feature of the structure; .0110 The sign shall not project over or into any public right-of-way; .0111 The sign shall not project above the parapet or eaves of the building, whichever is lower; and 51 .0112 The single display surface, including individual letters, shall not project more than twelve (12) inches beyond the wall or structure to which it is attached. .020 On-Site Directional Signs. For each vehicular entrance in any zone, except single-family residential zones, there may be erected within the required landscape setback one (1) illuminated, single- or double-faced sign displaying the word “In,” “Out,” “Enter,” “Parking,” “Entrance” or “Exit,” and which may include a logo and or directional arrows. Signs with other text, such as “Service,” “Loading” or “Unloading” may be approved by the Planning Director. An on-site directional sign may be freestanding, monument-type or mounted on a building wall. Each face of such sign shall not exceed four (4) square feet in sign area. A monument or freestanding sign shall not exceed four (4) feet in height and a building wall-mounted sign shall not exceed six (6) feet in height as measured from the finished grade directly below such sign. All directional signs shall comply with line-of-sight distance requirements set forth in subsection 18.44.080.080. .030 Internal Directional Signs. Internal directional signs on private property are allowed in all zones, if the signs satisfy all of the following conditions: .0301 They are designed not to be viewed from any street or highway; .0302 They are designed to direct and guide pedestrians and vehicular traffic, while the traffic is on the parcel of real property on which the signs are located. The signs shall not advertise goods or services sold on said premises. .0303 They consolidate directions to multiple units, if applicable. .040 On-Site Institutional Signs. One (1) on-site marquee, not to exceed twenty (20) square feet in area or a height of five (5) feet, may be located where changeable copy is needed for religious institutions, schools and similar institutions. Such sign requires the approval of the Planning Director, and shall be integrated with any identification signs of the property, but shall not be electronic readerboard signs. .050 Murals. Murals that are not visible from a public right-of-way are allowed. Murals visible from a public right-of-way are allowed, if specifically permitted in the underlying zone as specified in Section 18.44.050 (Conditional Use Permit Required). .060 Nameplates. One (1) nameplate per residence or business, lighted or unlighted, of a maximum one (1) square foot in area is allowed in all zones. .070 Window Signs. Signs on the inside of windows of commercial or industrial buildings are allowed, provided all such permanent and temporary signs shall obscure no more than ten percent (10%) of the total transparent area of any 52 window surface. No signs shall be allowed on the outside of any windows of commercial or industrial buildings. (Ord. 5998 § 42; October 25, 2005.) .080 Awning Signs. A sign may be permitted on the valance portion of an awning, provided the sign is intended for secondary identification by pedestrians. The awning sign shall not be permitted on the same elevation of any wall sign, and shall only be permitted through a coordinated sign program. Awning signs shall contain only the business name or logo and shall only be permitted where the design of the awnings is integrated with the building. The permitted size shall be determined through the sign program, and the sign copy shall be proportional to the awning. .090 Projecting Signs. A Projecting Sign, not exceeding a maximum fifteen (15) square feet in size, may be substituted for one (1) permitted wall sign per building, where the Projecting Sign is intended to be pedestrian-oriented and the Planning Director determines the sign to be compatible with, and provides architectural interest to, the building, and is compatible with the surrounding properties. SECTION 26. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, subsection, sentence, clause, phrase or portion of this ordinance hereby adopted be declared for any reason invalid or unconstitutional by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. The City Council of the City of Anaheim hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. SECTION 27. SAVINGS CLAUSE; CONTINUITY. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. To the extent the provisions of this Ordinance are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, the provisions of this ordinance shall be construed as restatements and continuations of those provisions and not as new enactments or amendments of the earlier provisions. SECTION 28. CERTIFICATION; PUBLICATION BY CLERK. The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. 53 SECTION 29. EFFECTIVE DATE. This Ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2015, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2015, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM ATTEST: _____________________________________ CITY CLERK OF THE CITY OF ANAHEIM 112897-v1/TJR 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.