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PC 2016/02/08 City of Anaheim Planning Commission Agenda Monday, February 8, 2016 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 – Review of Planning Commission packet documents via Apple iPads • Workshop – Review of Commercial and Industrial Parking Standards • 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, February 4, 2016, 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 02/08/2016 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 02/08/2016 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2015-05825 VARIANCE NO. 2015-05054 (DEV2015-00102) Location: 928-930 West North Street Request: To permit and retain an existing transitional living facility within an existing single family home and accessory detached residential unit 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. Continued from the January 11, 2016 Planning Commission meeting. Resolution No. ______ Project Planner: Amy Stonich astonich@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2015-05838* VARIANCE NO. 2015-05052 (DEV2015-00112) Location: 2446-2448 West Orange Avenue 2444 West Orange Avenue Request: The following land use entitlements are requested to permit the expansion of an existing religious institution onto an adjoining property: (i) a conditional use permit to permit classrooms for the study of yoga, meditation, dance, music, and sacramental rites within an existing two story building; and, (ii) a variance to permit less 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. *Previously posted as Conditional Use Permit No. 2015-05830 Continued from the January 11, 2016 Planning Commission meeting. Resolution No. ______ Project Planner: Ashley Hefner ahefner@anaheim.net 02/08/2016 Page 4 of 5 ITEM NO. 4 RECLASSIFICATION NO. 2015-00287 CONDITIONAL USE PERMIT NO. 2015-05829 VARIANCE NO. 2015-05050 PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 (DEV2015-00110) Location: 2585 West La Palma Avenue Request: The applicant requests approval of the following land use entitlements: a reclassification to rezone the property from the Industrial (I) zone to the General Commercial (C-G) zone; a conditional use permit to permit the construction of a new service station, convenience market and the sale of beer and wine for off-premises consumption; a variance to allow reduced front setbacks and less parking spaces than required by code; and an associated determination of public convenience or necessity to permit the sale of beer and wine for off-premises consumption in the convenience market. 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. Continued from the January 25, 2016 Planning Commission meeting. Resolution No. ______ Resolution No. ______ Project Planner: Amy Stonich astonich@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 1263A (DEV2015-00040) Location: 530 North East Street Request: To amend conditions of approval for a previously-approved conditional use permit allowing beer and wine sales in an existing restaurant located within a shopping center (El Nopal Restaurant). 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 02/08/2016 Page 5 of 5 Adjourn to Monday, February 22, 2016 at 5:00 p.m. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 5:30 p.m. February 3, 2016 (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 and 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: FEBRUARY 8, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05825 AND VARIANCE NO. 2015-05054 LOCATION: 928 and 930 West North Street (Grandma’s House of Hope) APPLICANT/PROPERTY OWNER: The applicant is Je’net Kreitner; the agent representing the applicant is CJ Amstrup; and the property owner is Josephine Maganis. REQUEST: The applicant is requesting approval to permit and retain an existing transitional housing facility within a single family home and accessory detached residential unit 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 No. 2015- 05825 and Variance No. 2015-05054. BACKGROUND: This 0.33-acre property is located in the RS-1 (Single-Family Residential) zone and is designated for Low Density Residential land uses by the General Plan. The property is currently developed with a single-family residence, a detached second unit and a detached garage. Surrounding land uses include single family residential uses on all four sides. This item was continued from the January 11, 2016 meeting to allow the applicant and staff additional time to research the permitted occupancy of the property’s detached accessory residential unit. The facility, operated by a non-profit organization known as Grandma’s House of Hope, was established at this location in October of 2014. The applicant made contact with the City at that time to determine if the property was zoned to allow a transitional housing facility. Since that time, the applicant secured the lease and worked with the property owner to prepare and submit the conditional use permit application which was received in August 2015. The applicant operates another similar facility in Anaheim and two other facilities in Garden Grove. CONDITIONAL USE PERMIT NO. 2015-05825 AND VARIANCE NO. 2015-05054 February 8, 2016 Page 2 of 5 PROPOSAL: The applicant requests approval of a conditional use permit to permit and retain an existing transitional housing facility for up to 34 residents and four employees. The facility currently houses approximately 25 residents and the operator is also seeking to increase the number of residents through this application. The project site is developed with a two story, single family residence with nine bedrooms and nine bathrooms at the north end of the site and a second, accessory unit with two bedrooms and two bathrooms at the rear of the site. A third structure that includes a single car garage, bathroom and office area is also located at the rear of the property. There are a total of four communal living rooms and two kitchens within the two residential structures. The transitional housing facility is intended to provide a safe and stable environment for women with varied backgrounds including victims of domestic violence, those experiencing homelessness or at risk of becoming homeless, and women with mental or physical illness. In exceptional cases, children of these women may also be housed at this location. Men are not accommodated at this facility. Residents who live at the facility are provided with various resources including group and individual counseling sessions, health service referrals, workforce development programs and wardrobe assistance. The goal of providing these services is to help residents develop the skills needed to establish and maintain healthy relationships, find employment and live independently. The typical length of stay for clients is approximately six months but residents can stay as long as 18 months. The facility is staffed by up to four employees including one manager who is on-site approximately forty hours per week and case managers and counselors who divide their time between this and the operator’s other facilities. Staff is on-site seven days a week during regular business hours. Nighttime supervision is provided by 1-2 clients/residents who have completed a leadership program and have been identified by staff as having the maturity, skills and trustworthiness to effectively supervise the facility during the evening hours. Professional staff are on-call 24 hours a day and available to assist the house leaders when needed. 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; 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. 2015-05825 AND VARIANCE NO. 2015-05054 February 8, 2016 Page 3 of 5 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. Transitional housing facilities are allowed in the RS-1 Zone subject to approval of a conditional use permit to ensure compatibility with the surrounding area. This facility does not administer medications but does provide food, shelter, job search assistance and computer training for women who may be homeless or those who need refuge from physical threats. Although there have been two Code Enforcement complaints received at this address since October of 2014, the complaints were related to minor property maintenance deficiencies inside the building and trash barrel storage in the front driveway. These cases have since been closed and no additional complaints have been received from adjacent neighbors. In addition to this facility, this organization also has a shelter on Lemon Street which has been operating since 2011. Staff has found that there are no outstanding issues regarding the operation of that facility either. In order to seamlessly integrate these types of facilities into the community, code requires a minimum distance separation of 300 feet between facilities. No other known transitional housing or residential care facilities are located within a 300 foot radius. Based on these reasons, staff believes this use is compatible with the surrounding area and therefore recommends approval of the conditional use permit. Although the applicant is requesting permission to allow up to 34 residents onsite, the Building Code limits the maximum occupancy of the facility to 16 residents per unit based the physical design of the structures, including the lack of fire sprinklers. This equates to a maximum of 32 residents allowed on-site, not including the 4 employees who work during regular business hours. Therefore, staff is recommending that the maximum number of residents allowed to reside in each unit not exceed 16 persons, excluding any employees who do not reside at the facility. A condition of approval limiting occupancy to 32 residents has been included in the draft resolution. This condition, however, would also allow the applicant to increase this number to 34 residents, subject to review and approval from the Building Division and Fire Department. Variance: The applicant requests fewer parking spaces than required by code. Code requires nine spaces based on the total bedroom count and three Code-compliant parking spaces are proposed. Before the Planning Commission may approve a parking variance, it must make a finding of fact that the evidence presented shows that 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; CONDITIONAL USE PERMIT NO. 2015-05825 AND VARIANCE NO. 2015-05054 February 8, 2016 Page 4 of 5 2) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 3) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The chart below analyzes the required and proposed number of parking spaces for the transitional housing facility: * Tandem spaces cannot be counted toward the required number of spaces, except for one open space in front of each required space enclosed within a garage. ** Three Code-compliant tandem parking spaces are proposed in front of the two garages. The garage spaces cannot be counted because the applicant proposes to use these areas for storage. The applicant proposes to provide a total of nine uncovered parking spaces on the property; four spaces would be provided in front of the garage adjacent to North Street, and the five remaining spaces would be provided in front of the second unit in the rear. The applicant has indicated that the provided parking spaces will be used by the on-site manager, visitation by counselors, and others associated with the operation of the facility. In addition, up to three of the residents may be permitted to possess a vehicle. A condition of approval is included in the draft resolution which requires residents and employees to maintain no more than the allotted nine parking spaces for personal vehicles on the premises, or while residing at the facility. The driveway in front of the main house is 44 feet deep; therefore, this driveway can accommodate two vehicles parked in tandem without impacting circulation on the adjacent sidewalk or street. The applicant’s letter of operation further indicates that no more than five parking spaces are utilized by the employees at any time. A parking variance was approved for the operator’s other facility located on North Lemon Street, which required 11 spaces and six spaces were provided. No parking problems have Number of Bedrooms Code Requirement* Total Required Total Code Compliant Spaces Provided** 9 in the main house 4 (2 in a garage), plus 1 additional space per bedroom over 6 bedrooms 7 2 2 in the second unit 2 off-street parking spaces 2 1 Total 9 3 CONDITIONAL USE PERMIT NO. 2015-05825 AND VARIANCE NO. 2015-05054 February 8, 2016 Page 5 of 5 been reported to Code Enforcement at either location. Because it has been demonstrated that this business can accommodate its parking demand on-site, staff supports the request to allow fewer parking spaces than allowed by code. Community Input: The applicant hosted two outreach meetings to inform neighbors of the application for the transitional housing facility. The first meeting was an open house held by the applicant on site in November of 2015. Two neighbors located adjacent to the property attended the meeting and, according to the applicant, were supportive of the use. A second meeting was hosted by the applicant and attended by staff at the Brookhurst Community Center on January 28, 2016. The applicant provided information about house rules, parking restrictions for residents and other information about operation of the facility. Four residents from the neighborhood attended the meeting and expressed concerns about the number of occupants that are housed at the facility. Environmental Impact Analysis: Staff recommends the Planning Commission find 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 Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONCLUSION: The proposed project would provide a supervised environment for at-risk women while they search for employment and training for a transitional period. Based upon staff’s research of the operational history of other transitional housing facilities, and the applicant’s proposal and letter of operation, staff recommends approval of this request to establish a transitional housing facility for up to 32 residents and 4 employees. Prepared by, Submitted by, Amy Stonich Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Letter of Operation/Letter of Parking Justification 3. Site and Floor Plans 4. Site Photos RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE N L E N Z D R W N O R T H S T W. LINCOLN AVE N . E U C L I D S T W. LA PALMA AVE N . H A R B O R B L V D W . B R O AD WAY E.LA PALMAAVE W. CRESCENT AVE W. ROMNEYA DR S . A N A H E I M B L V D 928 - 930 West North Street DEV No. 2015-00102 Subject Property APN: 255-111-10 °0 50 100 Feet Aerial Photo:May 2014 N L E N Z D R W N O R T H S T W. LINCOLN AVE N . E U C L I D S T W. LA PALMA AVE N . H A R B O R B L V D W . B R O AD WAY E.LA PALMAAVE W. CRESCENT AVE W. ROMNEYA DR S . A N A H E I M B L V D 928 - 930 West North Street DEV No. 2015-00102 Subject Property APN: 255-111-10 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 -1- PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND ADOPTING CONDITIONAL USE PERMIT NO. 2015-05825 AND VARIANCE NO. 2015-05054 (DEV2015-00102) (928 AND 930 WEST NORTH STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for (a) Conditional Use Permit No. 2015-05825 to permit and retain a Transitional Housing use with more than six persons within an existing single family home and a detached accessory structure, and (b) Variance No. 2015-05054 to permit (i) the use of a garage for storage rather than for parking of operable vehicles, (ii) less parking spaces in a garage than required by the Anaheim Municipal Code (the "Code"), and (iii) the counting of on-site tandem parking spaces toward the number of on-site parking spaces required under the Code (herein referred to collectively as the "Proposed Project") for that certain real property located at 928 and 930 West North Street in the City of Anaheim. County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, approximately 0.33 acre in size, is developed with a single-family residential dwelling unit with a two-car garage, a detached accessory structure used as "Accessory Living Quarters", as defined in Section 18.38.020 (Accessory Living Quarters) of Chapter 18.38 (Supplemental Use Regulations) of the Code, and a separate detached structure containing a single-car garage, bathroom, and office space. The Property is located within the "R-L" Residential-Low land use designation of the Anaheim General Plan and in the " RS-1" Single Family Residential Zone and is subject to the zoning and development standards contained in Chapter 18.04 (Single- Family Residential Zones) of the Code; and WHEREAS, while subparagraph .03 of paragraph .0208 of subsection .020 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of the Code prohibits the use of garages for storage and requires that they be used for parking of operable vehicles only, the applicant has requested that it be permitted, instead, to use the garages for storage; and WHEREAS, while subsection .040 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of the Code requires a minimum of three enclosed garage spaces for the Proposed Project, which exist upon the Property, the applicant has requested that it be permitted, instead, to use the existing garage spaces for storage; and WHEREAS, while the applicant has requested permission to provide two pairs of tandem parking spaces in front of the garage attached to the main dwelling unit, paragraph .0401 of subsection .040 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of the Code precludes counting tandem parking spaces toward the number of parking spaces required for residential uses; and -2- PC2016-*** WHEREAS, notice of a public hearing to be held on January 11, 2016 before the Planning Commission was 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 2015-05825 and Variance No. 2015-05054, and to investigate and make findings and recommendations in connection therewith. The public hearing was continued by the Planning Commission to February 8, 2016 at 5:00 p.m. at the Civic Center in the City of Anaheim, at which time the Planning Commission did hold a public hearing to hear and consider evidence for and against proposed Conditional Use Permit 2015-05825 and Variance No. 2015-05054, 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 (Title 14 of the California Code of Regulations; 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, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 -- Existing Facilities) which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s 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, 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 Conditional Use Permit No. 2015- 05825 , does find and determine the following: 1. The request for a conditional use permit for a Transitional Housing facility with more than six persons is an allowable use authorized within the "RS-1" Residential Single Family Zone, subject to a conditional use permit; and 2. The proposed establishment of a Transitional Housing facility complies with all of the provisions of the General Plan and the "RS-1" Residential Single Family Zone and, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the services provided are for the residents only and the facility will operate seamlessly within the residential living environment; and 3. The size and shape of the site proposed for the Transitional Housing facility 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. With the conditions imposed and subject to Variance No. 2015-05054, the proposed Transitional Housing use will meet the site development standards for the "RS-1" Single Family Residential Zone; and -3- PC2016-*** 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area in that the minimum number of required parking spaces (9) will be provided on-site and the use is consistent with the Single Family Residential zone. Therefore, there are no anticipated burdens on streets and highways; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim since the proposed use is conditionally permitted and with the conditions imposed, the proposed transitional housing use will be compatible with surrounding single family residential uses. WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to Variance No. 2015-05054, does find and determine the following facts: SECTION NO. 18.42.030.0208.03 Garages may not be used for storage and must be used for parking of operable vehicles only SECTION NO. 18.42.030.040 Minimum number of parking spaces in a garage SECTION NO. 18.42.030.040.0401 To allow tandem parking spaces counted toward the required number of spaces. 1. The request to permit the use of the three existing garages for storage will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity in that the minimum number of parking spaces will be provided on-site (9) with four in tandem on the front driveway and five in the rear behind the main residence. Since the residents are not permitted to keep a vehicle, all of the parking demand will be provided on-site and will not increase the demand for parking on the public streets. 2. The request for variance to the parking Code requirements will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within the property boundaries. 3. That the request, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because this use will not exceed anticipated traffic volumes for this property and the surrounding area. 4. The request for variance to the parking Code requirements will not increase traffic congestion within the off-street parking areas for the proposed uses as ingress and egress to the site would remain as originally designed and would be provided via North Street. -4- PC2016-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05825 and Variance No. 2015-05054 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED that extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 8, 2016. 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- PC2016-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on February 8, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of February, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -6- PC2016-*** -7- PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05825 AND VARIANCE NO. 2015-05054 (DEV2015-00102) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 This transitional housing facility shall be limited to a maximum of 32 residents and up to 4 on-site employees. The facility shall not provide on-site medical services but shall be permitted to provide both group and individual counseling. The maximum number of residents can be increased to 34, subject to review and approval from the Building Division and Fire Department, as further described in Condition No. 8, below. Planning and Building Department, Code Enforcement Division 2 No signs shall be visible from the public right-of-way identifying this use as a transitional housing facility. Planning and Building Department, Code Enforcement Division 3 Residents and employees shall not be permitted to maintain more than the allotted 9 parking spaces for personal vehicles on the premises or while residing at the facility. Planning and Building Department, Code Enforcement Division 4 The applicant shall provide an on-site manager or appointed responsible party at all times. This person shall be responsible for responding to any concerns regarding the operations of the facility. Planning and Building Department, Code Enforcement Division 5 Within 30 days of the date of this resolution, the name and telephone number of the on-site manager shall be provided to the Code Enforcement Division of the Planning Department. The owner can contact the Code Enforcement Division at (714) 765-5158 to coordinate this contact information. Any staffing changes to this position shall be reported to the Code Enforcement Division within 30 days. Planning and Building Department, Code Enforcement Division 6 Within 90 days of the date of this resolution, the applicant shall complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. Police -8- PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department 8 The maximum number of occupants residing in each unit shall not exceed 16 persons (not including employees who do not reside at the facility). A building permit, ADA improvements, and an automatic fire sprinkler system and fire alarm system designed, installed and maintained as required by Chapter 9 of the 2013 California Fire Code shall be required and obtained prior to any increase to in the occupancy as described above. Planning and Building Department, Building Division, Fire Department 9 The owner of the subject property shall be required to execute a covenant in a form acceptable to the Planning Director and the City Attorney (or their authorized representatives) which provides that, in the event that the subject property is no longer used as a transitional housing facility pursuant to the terms and conditions of Conditional Use Permit No. 2015-05825, the then owner of the subject property shall do all things deemed necessary and appropriate by the Planning Director to have the subject property and all buildings located thereon comply with the standards and requirements of the Anaheim Municipal Code then in effect that are consistent with allowable uses established for the zoning classification in which the subject property is located, including the obtainment of all permits deemed necessary for the completion of any and all modifications to the buildings necessary to meet all applicable requirements and the performance of all such modifications to the satisfaction of the Planning Director. Planning and Building Department 10 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to building permits, grading permits, street improvement plans, water and electrical plans, landscape irrigation plans, and fire and life safety plans, etc. Planning and Building Department -9- PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department 12 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 13 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department ATTACHMENT NO. 2 ATTACHMENT NO. 3 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. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: FEBRUARY 8, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 LOCATION: 2444-2448 West Orange Avenue (All World Gayatri Pariwar Church) APPLICANT/PROPERTY OWNER: The applicant and owner is All World Gayatri Pariwar USA. The agent representing the applicant is Mahesh Bhatt. REQUEST: The applicant is requesting approval of the following land use entitlements to permit the expansion of an existing religious institution onto an adjoining property: 1) A conditional use permit to permit classrooms for the study of yoga, meditation, dance, music, and sacramental rites within two existing buildings; and, 2) A variance to permit less parking spaces than required 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 Conditional Use Permit No. 2015-05838 and Variance No. 2015-05052. BACKGROUND: The 1.4-acre project site consists of two parcels: the existing 0.7- acre religious institution is located at 2446-2448 West Orange Avenue (Parcel 1), and the expanded facility would be located on the adjoining 0.7-acre parcel at 2444 West Orange Avenue (Parcel 2). Both properties are owned by the applicant. The properties are located in the "T" Transition Zone and the General Plan designates the properties for Low Density Residential land uses. Surrounding land uses include an apartment complex across Webster Avenue to the west, single-family residential uses across Orange Avenue to the north, and single-family residential uses abutting the site to the east and south. . CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 February 8, 2016 Page 2 of 8 This item was heard by the Planning Commission on January 11, 2016. The Commission expressed concerns regarding parking deficiencies in the neighborhood and subsequently continued the item for four weeks. The Commission also requested that Planning staff conduct parking surveys on Tuesdays, Saturdays, and Sundays, which are the days of the week that the applicant stated are the peak hours for members visiting the site. The findings of these surveys are discussed in more detail below. The community and religious assembly use on Parcel 1was originally entitled in 1961. The current religious institution has been located on Parcel 1 since 2009. The adjacent property (Parcel 2) is developed with two buildings that were historically used for residential uses. A small 10-student private school was originally entitled in 1972, but a business license was never issued by the City. As such, there is not enough information in the City’s records to ascertain whether this use was ever established on this parcel. The table below shows the existing entitlements on both properties, none of which include operational conditions of approval. Project Site Entitlement History Parcel No. Permit No. Requested Entitlement Year 1 CUP 28 Establish a church in a converted warehouse 1959 1 CUP 133 Continued use of a converted church 1961 2 CUP 1327 Establish private school, single-family dwelling, and accessory living quarters 1972 1 CUP 1579 Church expansion (1,871 sq. ft.) 1975 1 VAR 2011-04856 Construct a prefabricated freestanding 1,740 sq. ft. patio cover, with a side yard setback less than required by code 2011 PROPOSAL: The applicant proposes to expand the community and religious assembly use on Parcel 1 to Parcel 2, permitting the existing buildings to be used as classrooms for the study of yoga, meditation, dance, music, and sacramental rites. No expansion to the existing two-story, 3,963 square-foot building, or the one-story 992 square-foot building, is proposed. The following describes the classroom uses being proposed on Parcel 2: • No new members would be visiting the property as a result of classes being held on Parcel 2 because these classes are currently being conducted in the existing temple on Parcel 1. As such, the same people who are attending the classes would continue. • Classes would be open only to existing members that are already visiting the temple and would not be open to the general public. The draft resolution includes a condition of approval prohibiting use by the general public due to parking considerations. • No new special events would be held on the property resulting from the relocation of classes being held on Parcel 2. Special events currently held on Parcel 1 include events such as baby showers, birthdays, marriages, and other ceremonies. These events typically occur on Saturday nights, and are not regularly scheduled but are based on need. CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 February 8, 2016 Page 3 of 8 • With one exception described later in this report, classes would be held on the weekends only, with the following typical hours and estimated attendance: Hours Classrooms 1 and 2 Classrooms 3 and 4 Classroom 5 and Multipurpose Room 7-8 a.m. Meditation & Prayer 5 adults 8-9 a.m. Indian Cultural Dance Class 5 children 9-10 a.m. Yoga Practice 15 adults 10-11 a.m. Indian Cultural Study Class 20 children 11-11:45 a.m. Indian Language Hindi Class 20 children 12:30-1:30 p.m. Vedic Study 5 adults 2-3 p.m. Group Study 10 adults 3-4 p.m. Music Class 5 adults 5-6 p.m. Yoga Practice 15 adults Indian Cultural Dance Class 5 children Vehicular access to the site would be provided by one existing driveway on Webster Avenue and three existing driveways on Orange Avenue. There are two existing driveways along the shared interior property line of the existing and proposed parcels, separated by a block wall. There are currently parallel parking spaces along the block wall on the existing parcel that would be removed, to allow for a code compliant drive aisle width where 24 feet is required and 26 feet is proposed. The block wall would remain, except for a 44-foot long opening in the rear to allow for reciprocal vehicular access and parking between the parcels. A Declaration of Covenants, Conditions and Restrictions (CC&R’s) would be required under Condition of Approval No. 6 in the draft resolution (Attachment No. 1) to memorialize the vehicular access and parking reciprocal rights. On-site parking is provided on both parcels, with 23 spaces on the existing parcel (including two handicap spaces), and 29 spaces on the proposed parcel, for a total of 52 spaces proposed. There are currently 34 parking spaces on Parcel 1 and five on Parcel 2, for a total of 39 spaces existing. The project would add 13 new parking spaces to the project site. CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 February 8, 2016 Page 4 of 8 SITE PLAN 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; 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. CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 February 8, 2016 Page 5 of 8 The Zoning Code requires approval of a conditional use permit for “Community & Religious Assembly” uses to ensure that the use is appropriate for the site, compatible with surrounding land uses, and in compliance with Zoning Code requirements. This request is to expand the approved community and religious assembly use onto Parcel 2. On Parcel 1, the community and religious assembly use has been in operation and entitled for 54 years. One Code Enforcement complaint was received in 2011 stating members were parking on the street during church events. The case has since been closed and no additional Code complaints related to parking have been received since that time. A conditional use permit to allow a private school on Parcel 2 was approved in 1972; however, there is no record of the use ever being established. The classrooms on Parcel 2 would be used for existing members only and would not be open to the general public. The classrooms would also not be used for special events. Classes would be held on Saturdays and Sundays only between 7:00 a.m. and 6:00 p.m. Classes would be scheduled in this manner as the faith practiced does not require all members to attend at one time; the applicant has stated that members are encouraged to attend at any time during temple hours to pray on their own. The draft resolution includes a condition of approval to limit the class activity to these hours. The condition would also allow the City to approve operational changes at a staff level. Parking Variance: Before the Planning Commission may approve a parking variance, it must make a finding of fact that the evidence presented shows that 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; 3) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The entire facility requires a total of 100 parking spaces: 66 spaces for the Parcel 2 based on classroom and storage uses and 34 spaces for the Parcel 1 that were associated with the previous entitlements. A total of 52 parking spaces are proposed on the project site, as shown in the table below, including 23 spaces on the existing parcel (including two handicap spaces), and 29 spaces on the proposed parcel. CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 February 8, 2016 Page 6 of 8 Parcel No. Use Class Sq. Ft. Parking Requirement Parking Spaces Existing Proposed Required 1 Church N/A Approved CUP 34 23 34 2 Classroom 3,237 20/1,000 sq. ft. 5 29 65 Storage 726 1.55/1,000 sq. ft. 0 1 Total 39 52 100 As directed by the Planning Commission at the January 11, 2016 meeting, staff visited the site on several occasions over the last few weeks. Staff also spoke with a neighbor on Orange Avenue across from the church and the neighbor mentioned that Wednesday nights were very busy; however, staff confirmed with the applicant that no Wednesday night events were held. Staff also visited the site on a Wednesday night and the results are described below. The table below reflects the results of those site visits. Date Time Observations Tuesday Between 5 and 6 p.m. - The parking lot was moderately full but there was no evidence of members parking on the public streets. Wednesday Between 5 and 6 p.m. - There were two cars in the parking lot and many open spaces on the public streets. Sunday Between 11 a.m. and noon - The church was very busy. Members were coming and going one car at a time. Some were socializing in the parking lots. It appeared that the facility also serves as a social gathering place in addition to a place of worship. - The parking lot was almost full. There were a few spaces available in the front parking lot adjacent to Orange Avenue. There was no evidence of members parking on the public streets. - Street parking on Webster Street was 100% occupied and the Webster/Orange intersection was very busy. A few cars were parked on Orange Avenue, but only a few houses closest to the intersection were affected. Some parking spaces were available on the cul-de-sac to the south (Clearbrook Lane) because the street is subject to permit parking. - Staff spoke with a resident in a home on Orange Avenue across from the church. He said that the worst parking impacts occurred on Wednesday night. In addition, traffic engineering staff contacted a neighbor on Clearbrook Lane who submitted correspondence about on-street parking concerns (Attachment No. 8). Staff advised the neighbor of the City’s Spillover Permit Parking Program, and mailed them a copy of the Rules, Policy, and Petition. Additionally, staff offered to paint the red curb adjacent to the neighbor’s driveway in an effort to prevent vehicles from blocking the driveway. The neighbor agreed to this improvement, so staff has placed a work order to paint the curb red. CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 February 8, 2016 Page 7 of 8 Staff believes that the number of parking spaces proposed would be adequate to accommodate the proposed expansion without impact to the surrounding public streets or properties due to the following factors confirmed by the applicant: • There would be no net increase in parking demand as the same temple members already attending classes in the existing temple prayer and dining rooms on Parcel 1 would be attending the same classes to be relocated on Parcel 2. • 13 additional parking spaces are being added to on-site parking, increasing the current on-site parking capacity. • Classes are held on Saturday and Sunday only, except one Tuesday evening yoga class from 7:00 to 8:00 p.m., located in the temple on Parcel 1 and attended by about 15 people. • On weekdays, two to three family members typically drive to the site together for their individual prayer or mediation. Most people stay for about 15 minutes and then leave the site. • On Saturdays, typically 25 to 30 people visit the site at different times throughout the day. • On Sundays between 10:00 a.m. to 1:00 p.m. is the only time with fixed assembly gathering for members to sit for prayers in the temple. During this time: o children’s study classes are held on Parcel 2 only o parents are already visiting the site to attend prayers and the children would walk to the classrooms o typically 25-30 members are on site any one time • Typically, an additional 25 members visit the site after 1 p.m. on Sundays dispersed throughout the day. • Only one class is held at any one time, ranging from five to 20 students, except for the 5 to 6 p.m. time slot, when two classes are held for a total of 20 students. Members attending classes are typically already visiting the site on these days. • About 10 percent of members live within walking distance to the temple and do not need to park on site, and some senior members use OCTA’s Dial-A-Ride program and are picked up and dropped off. • Both Parcels 1 and 2 would have reciprocal parking rights through the CC&R’s as required by a condition of approval. Environmental Impact Analysis: Staff recommends the Planning Commission find 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 Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 February 8, 2016 Page 8 of 8 CONCLUSION: The request to permit classrooms for the study of yoga, meditation, dance, music, and sacramental rites associated with the adjacent religious assembly use is consistent and compatible with the surrounding residential uses in the vicinity. Since the expansion would not result in additional vehicles on the property because existing members only would be using the classrooms, 13 additional parking spaces are being added to the project site, member classroom attendance is spread out throughout the weekend days only as the faith allows for individual worship, and both sites would have reciprocal parking rights through CC&R’s, staff believes that the number of parking spaces being proposed would be adequate to accommodate the proposed classrooms. Staff recommends approval of this request. Prepared by, Submitted by, Ashley Hefner Jonathan E. Borrego Contract Planner, RRM Design Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Applicant’s Request Letter 3. Applicant’s Operations Letter 4. Reciprocal Access Agreement 5. Plans 6. Photographs 7. Applicant’s Correspondence 8. Neighbor’s Correspondence RM-4CINNAMON CREEKAPARTMENTS39 DU TRELIGIOUS USE TPRIVATE SCHOOL RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE T S I N G L E F A M I L Y R E S I D E N C E RM-4 APTS10 DU TSINGLE FAMILY RESIDENCE RM-4CINNAMON CREEKAPARTMENTS39 DU 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 ERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE S W E B S T E R A V E W ORANGE AVE W CLEARBROOK LN S R O A N N E S T W. LINCOLN AVE N . E U C L I D S T W. LA PALMA AVE N . H A R B O R B L V D W . B R O AD WAY E.LA PALMAAVE W. CRESCENT AVE W. ROMNEYA DR S . A N A H E I M B L V DReligious Institution: 2446-2448 West Orange AvenueExpanded use: 2444 West Orange Avenue DEV No. 2015-00112 Subject Property APN: 127-191-01127-191-21 °0 50 100 Feet Aerial Photo:May 2014 S W E B S T E R A V E W ORANGE AVE W CLEARBROOK LN S R O A N N E S T W. LINCOLN AVE N . E U C L I D S T W. LA PALMA AVE N . H A R B O R B L V D W . B R O AD WAY E.LA PALMAAVE W. CRESCENT AVE W. ROMNEYA DR S . A N A H E I M B L V DReligious Institution: 2446-2448 West Orange AvenueExpanded use: 2444 West Orange Avenue DEV No. 2015-00112 Subject Property APN: 127-191-01127-191-21 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00112) (2444-2448 WEST ORANGE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05830 and Variance No. 2015-05052 to permit the expansion of an existing Community & Religious Assembly use onto an adjoining property, defined below as the "proposed parcel" to include the following land use entitlements: (i) a conditional use permit to permit classrooms for the study of yoga, meditation, dance, music, and sacramental rites within two existing buildings; and (ii) a variance to permit less parking spaces than required by the Zoning Code (herein referred to collectively as the "Proposed Project") on that certain real property located at 2444-2448 West Orange Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 1.4 acres in size, consisting of two parcels: the existing 0.7-acre parcel, developed with the religious institution, is located at 2446-2448 West Orange Avenue (“existing parcel”), and the expanded classroom use would be located on the adjoining 0.7-acre parcel at 2444 West Orange Avenue (“proposed parcel”). The proposed parcel is currently developed with structures that have historically been used, and are entitled for, single-family residential and private school uses. The Property is located in the “T” Transition Zone and is subject to the zoning and development standards described in Chapter 18.14 (Public and Special-Purpose Zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for “R-L” Residential-Low land uses; and WHEREAS, notice of a public hearing to be held by the Planning Commission at the Civic Center in the City of Anaheim on January 11, 2016 at 5:00 p.m., was duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code to hear and consider evidence for and against proposed Conditional Use Permit No. 2015-05831 and Variance No. 2015-05052, and to investigate and make findings and recommendations in connection therewith. The public hearing was continued by the Planning Commission to February 8, 2016 at 5:00 p.m.; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the 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 Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2016-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2015-05830, does find and determine the following facts: 1. The proposed request to expand use of an existing Community & Religious Assembly use at the Property is within that class of primary uses, i.e., Community & Religious Assembly, which is subject to a conditional use permit authorized under Table 14-A of Section 18.14.030 (Uses) of Chapter 18.14 (Public and Special-Purpose Zones) of the Code. 2. The proposed conditional use permit, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The Community & Religious Assembly will continue to operate in a consistent manner which is not detrimental to adjacent properties. 3. The size and shape of the site for the use 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 facilities on the Property will adhere to all required land use standards. 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the Community & Religious Assembly activity is limited during normal business hours and the majority of the Community & Religious Assembly operations will be during offsetting hours from the residential uses in the vicinity. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the number of off-street parking spaces required under the Code for the expanded Community & Religious Assembly use, when added to the total number of such parking spaces required by the Code and the total number of such spaces that exist at the Property, represents a small or de minimis increase. Nevertheless, because the number of parking spaces required by the Code for all uses, including the Proposed Project, is less than the actual number of parking spaces that exist, a variance must be approved for the Property; and WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for Variance No. 2015-05052 for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (100 spaces required; 52 spaces proposed) 1. The variance for the Property, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the Property, including the proposed expansion of the Community & Religious Assembly uses, than the number of such spaces necessary to - 3 - PC2016-*** accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses; 2. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of all combined uses on the site; 3. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking for the expanded Community & Religious Assembly uses, will adequately accommodate peak parking demands of all uses on the site; 4. The variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Property because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation; and 5. The variance for the Property, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property because the Property has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05838 and Variance No. 2015-05052, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2015-05838 and Variance No. 2015-05052 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 4 - PC2016-*** BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 8, 2016. 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 - PC2016-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on February 8, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of February, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-*** - 7 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05838 AND VARIANCE NO. 2015-05052 (DEV2015-00112) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 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 Di vision of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 2 A Landscape Documentation Package and a Certification of Completion are required and a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 relating to landscape water efficiency. Public Utilities Department, Water Engineering Division 3 Building plans shall show conformance with the current version of Engineering Standard Details 402, 436, 470, and 471 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Department, Traffic Engineering Division 4 A plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. Public Works Department, Streets and Sanitation Division 5 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. Public Works Department, Streets and Sanitation Division 6 The applicant/property owner of the subject property shall enter into a Declaration of Covenants, Conditions and Restrictions, in a form satisfactory to the City Attorney, which shall be recorded in the Official Records of the County of Orange, to provide reciprocal vehicular access and parking agreements for both parcels. Planning Department, Planning Services Division - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 7 Prior to final building and zoning inspections, fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Public Works Department, Traffic Engineering Division 8 The building shall be equipped with an alarm system (silent or audible). Police Department 9 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police Department 10 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department 11 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 12 Rooftop address numbers shall be provided for the police helicopter. Numbers shall be a minimum size of 4 ft. by 2 ft. The lines of the numbers are to be a minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Rooftop numbers are not to be visible from ground level. Police Department OPERATIONAL CONDITIONS 13 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division 14 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Police Department 15 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the Planning Department, Code Enforcement Division - 9 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT licensee shall be removed or painted over within 24 hours of being applied. 16 The classrooms on the Proposed Parcel shall be available for existing temple members only, and shall not be open to the general public. Planning Department, Planning Services Division 17 Signs encouraging members to park on-site shall be posted in high traffic, publicly accessible areas. Planning Department, Planning Services Division 18 The Community and Religious Assembly use shall be operated in accordance with the Request Letter and Operations Letter submitted as part of this application. Any changes to the temple and classroom operations as described in these documents shall be subject to review and approval by the Planning Director to determine substantial conformance with these lettersand to ensure compatibility with the surrounding uses. Planning Department, Planning Services Division GENERAL CONDITIONS 19 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to building permits, grading permits, street improvement plans, water and electrical plans, landscape irrigation plans, and fire and life safety plans, etc. Planning Department, Planning Services Division 20 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 21 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 Planning Department, Planning Services Division - 10 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT expenses incurred by Indemnitees in connection with such proceeding. 22 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Department, Planning Services Division ATTACHMENT NO. 2 ATTACHMENT NO. 3 ATTACHMENT NO. 4 A T T A C H M E N T N O . 5 12/21/2015 1 Structures  at 2444  W. Orange Existing  church on  right,  expansion  structures  on left ATTACHMENT NO. 6 12/21/2015 2 Interior  property  line  between  2444 and  2446 W.  Orange  Avenue Expansion  property  looking  west from  existing  church  property ________________________________________ From: Mahesh Bhatt [awgp24@gmail.com] Sent: Tuesday, January 05, 2016 8:23 AM To: Ashley Hefner Subject: Response to your questions Ashley, I got your both email and here I am sending you the information. No new members will be joining due to this adjoining building for the expansion of the existing Temple property. Same people who are coming and attending the regular class and prayer will continue. Only change will be instead of having those class in our main assembly prayer room and dinning room, now they will have chance to go to next building for same classes with same number of people. In the weekend on regular Sunday between 10:00AM to 1:00PM we have about 75 to 100 people maximum (and also they come at different time in this time-slot). Only on the special festival day on Sunday we have maximum 125 people. Saturday we do not have any fix gathering of any assembly. Only on some festival day we have Saturday evening Sanskar ritual with about 100 people maximum. Throughout the day in the weekend we have like family of two or three people come at various time of the day for the individual prayer and they sit their for about 15 minutes and leave. Week days we have some family members of two or three people come for their individual prayer or mediation for about 15 minutes and then they leave. Tuesday Evening we have Yoga class for about 15 people from 7:00PM to 8:00PM. One other question, how many people visit the temple on the weekends throughout the day? So throughout the day on Saturday we might have about 25 to 30 people. On Sunday throughout the day including children between 10:00 am to 1:30pm and other individual comes in the afternoon or evening prayer - total for whole day count around 150 people. We have about 10% of the people coming for prayer they leave within less then quarter mile and they walk to the Temple for the prayer and walk back. So no parking need for them. Also just in front of this both property on Orange Street, City of Anaheim has marked continues solid white line on the payment for curb parking along the street. How many people do you anticipate will attend each class? Following number of people are coming on Sunday class and it will remain same number. Also they will first come to main Temple assembly to bow-down prayer for 5 minutes and then they will walk to the next building class and return back to same temple assembly room and then leave. ATTACHMENT NO. 7 Hours Classrooms 1 and 2 Classrooms 3 and 4 Classroom 5 and Multipurpose Room 7-8 a.m. Meditation & Prayer - 5 people 8-9 a.m. Indian Cultural Dance Class - 5 children 9-10 a.m. Yoga Practice - 15 people 10-11 a.m. Indian Cultural Study Class - 20 children 11-11:45 a.m. Indian Language Hindi Class - 20 children 12:30-1:30 p.m. Vedic Study - 5 people 2-3 p.m. Group Study - 10 people 3-4 p.m. Music Class - 5 people 5-6 p.m. Yoga Practice - 15 people Indian Cultural Dance Class - 5 children For any other question please send me email or call me at 949-279-8944. Thank you very much for your cooperation and support in this CUP. Mahesh R. Bhatt Live your life, Learn to Selflessly Serve The Society, before life beco mes lifeless..... “ham badl-rahehin yug bhi badl-rahahein, ham sudhar-rahein yug bhi sudhar-rahahein.” “We are transforming ourselves, - the world is also transforming, as we are reforming ourselves, - the world is also reforming”   ATTACHMENT NO. 8 200 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: FEBRUARY 8, 2016 SUBJECT: RECLASSIFICATION NO. 2015-00287 CONDITIONAL USE PERMIT NO. 2015-05829 VARIANCE NO. 2015-05050 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 LOCATION: 2585 West La Palma Avenue (Union 76 Gas Station and 7-Eleven Convenience Store) APPLICANT/PROPERTY OWNER: The agent is Joseph Karaki of Western States Engineering, Inc., representing the owner and the applicant, Susan Kim of Mirus, Inc. REQUEST: The applicant requests approval of the following land use entitlements: 1) A Reclassification, or rezoning, of the property from the “I” (Industrial) zone to the “C-G” (General Commercial) zone; 2) A Conditional Use Permit to permit the construction of a new service station and convenience market, to include the sale of beer and wine for off-premises consumption; 3) A Variance to allow reduced front landscape setbacks and less parking spaces than required by code; and 4) An associated Determination of Public Convenience or Necessity to permit the sale of beer and wine for off-premises consumption in the convenience market. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolutions, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 32, In-Fill Development Projects) and approving Reclassification No. 2015-00287 Conditional Use Permit No. 2015-05829; Variance No. 2015-05050 and Public Convenience or Necessity No. 2016-00123. RECLASSIFICATION NO. 2015-00287, CONDITIONAL USE PERMIT NO. 2015-05829, VARIANCE NO. 2015-05050 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 February 8, 2016 Page 2 of 7 BACKGROUND: This 0.51-acre property is located at the northeast corner of Magnolia Avenue and La Palma Avenue. The project site is developed with a service station containing two covered gas pump islands and a 1,013 square foot convenience market. The property is located in the “I” (Industrial) zone and the property is designated for General Commercial land uses by the General Plan. Surrounding land uses include medical offices to the north and east, a fast food, drive-thru restaurant to the south across La Palma Avenue, and a service station to the west across Magnolia Avenue. This item was continued from the January 25, 2016 Planning Commission meeting, as requested by the applicant, to allow additional time to revise the site plan in response to comments that were received from various City departments. PROPOSAL: The applicant proposes to demolish the existing service station and convenience store and construct a new service station and convenience market building, to include the sales of beer and wine for off-premises consumption. The new 7-Eleven convenience market would have a total floor area of 2,700 square feet. The proposal also includes a new 3,040 square foot canopy structure with six dispenser islands. The existing monument signs would be removed and replaced with two new monument signs in compliance with the Code. The service station and convenience market would be open 24 hours a day and would have two employees on duty at any time. Driveway approaches would be reduced from four to two. A 10-foot wide landscaped setback would be provided along Magnolia Avenue, and a 10-foot wide landscaped setback would be provided along La Palma Avenue. These setbacks are measured from the ultimate right-of-way line. A 15-foot landscaped setback is required along each of these arterial highways. The convenience store building and fueling canopy are designed in a modern architectural style with a gray-colored stucco finish, white-colored trim around the cornice and tower elements, aluminum doors and windows, red-colored band elements on the street-facing elevations, and ceramic tile panels. The floor plan shows retail sales areas for prepackaged food, sales counter, coolers for beverages, and an area for hot food items. A detailed Development Summary is provided as Attachment No. 4 to this report. The Anaheim Municipal Code requires a total of 15 parking spaces and the applicant proposes to provide nine parking spaces, excluding the parking spaces provided at the pump islands; therefore, a variance is required to allow fewer parking spaces than required by code. An analysis of this variance request is described further in the Findings and Analysis section of this report. The applicant is also requesting a determination of Public Convenience or Necessity due to the overconcentration of off-sale ABC licenses, as described in more detail in the Findings and Analysis section below. A letter of request is included as Attachment 5 to this report. FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested action: Reclassification: This property is located in the “I” zone. A reclassification, or rezoning, to the C-G zone is being requested since the property is designated for General Commercial land uses by the General Plan. Therefore, rezoning the property from the I to the C-G zone would make the property’s zoning consistent with the property’s General Plan designation. The intent of the C-G zone is to promote highway-serving businesses such as fast food restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores, stand-alone retail uses, and shopping centers. The proposed reclassification would be in conformance with the General Commercial RECLASSIFICATION NO. 2015-00287, CONDITIONAL USE PERMIT NO. 2015-05829, VARIANCE NO. 2015-05050 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 February 8, 2016 Page 3 of 7 land use designation in the General Plan. The reclassification to C-G Zone would also result in a reduced 15-foot landscape setback requirement, as compared to the 20-foot landscaped setback that is currently required in the I zone. Staff recommends approval of the zoning reclassification based on this 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 the Zoning Code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The Zoning Code allows a service station and convenience market with beer and wine sales for off-site consumption in the C-G zone subject to approval of a conditional use permit. The purpose of the conditional use permit is to (i) ensure that fuel dispensing and alcohol sales are compatible with surrounding uses; and, (ii) to ensure proper design and function of the service station in relation to on-site vehicular circulation. The gas pump islands, canopy, and underground storage tanks have been designed to minimize the probability of vehicles, including delivery trucks, queueing onto the adjacent streets. Delivery trucks would access the site from La Palma Avenue to the south, and then continue to west side of the building, and exit onto Magnolia Avenue. The new 76 gas station and 7-Eleven convenience market would replace an existing gas station and convenience market. The new convenience market would provide a range of products with approximately 5% of the total floor area designated for the sale of beer and wine. Staff believes that the proposed off-sale of beer and wine at the convenience store would not adversely affect the surrounding land uses or the growth and development of the area if the business is operated in a responsible manner and in compliance with the recommended conditions of approval. These include typical Police Department conditions for similar uses, such as: prohibiting any exterior advertising of alcoholic beverages; requiring ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees; limiting the display area of alcoholic beverages, and prohibiting open containers and the consumption of alcoholic beverages on-site, among others. Based on these factors, staff believes that the proposed use would be compatible with the surrounding area and recommends approval of the conditional use permit. Variance: Before the Planning Commission may approve the landscape setback variance, it must make a finding of fact that the evidence presented shows that the following conditions exist: RECLASSIFICATION NO. 2015-00287, CONDITIONAL USE PERMIT NO. 2015-05829, VARIANCE NO. 2015-05050 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 February 8, 2016 Page 4 of 7 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; and 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. Landscape Setback Variance: The applicant is requesting a variance to allow reduced front landscape setbacks along the Magnolia Avenue and La Palma Avenue street frontages. The Zoning Code requires a 15-foot wide landscape setback for the planters along both street frontages, and a 10-foot wide landscape setback is proposed along Magnolia Avenue. Although the applicant is providing 17 feet of landscaping adjacent to La Palma Avenue, seven feet of this landscaping is located in an area that is being dedicated to the City to accommodate the future widening of La Palma Avenue. Therefore, only 10 feet f this landscaping can be counted towards meeting the code requirement. Until such time that La Palma Avenue is widened, the property will maintain the 17-foot landscaped setback area. Once the street is widened, the property would maintain a 10-foot wide landscaped front setback area. The timing of street widening is unknown at this time. 17 foot landscape setback 10 foot landscape setback RECLASSIFICATION NO. 2015-00287, CONDITIONAL USE PERMIT NO. 2015-05829, VARIANCE NO. 2015-05050 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 February 8, 2016 Page 5 of 7 A variance recognizes that there may be individual properties 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 small size of the lot, as compared to all other C-G zoned properties in the vicinity, makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed service station. Required improvements including landscape setbacks and future dedications, accommodating maneuverability onsite for large trucks, standards for placement of fuel tanks and the need to accommodate vehicles maneuvering on-site with two drive entries and exits from both streets further restrict the ability to provide the code-required landscape setbacks. The subject property has a width and depth of 150 feet, and a lot area of 0.51 acres, while all other lots in the immediate vicinity have much larger lot widths and sizes, including the service station across Magnolia Avenue to the west which has a lot depth of 230 feet and a lot area of 0.92 acres. Staff believes that the service station and convenience store are designed in a manner that is sensitive to the adjacent properties by providing a reasonable front landscape setback with significantly more landscaping than what exists on the site currently. With a variance, the property owner would be allowed to develop the property in a manner that is compatible with the other service stations in the vicinity. Because this lot size is smaller than surrounding properties, restricted on-site circulation needs for fueling trucks and vehicles, and because the lot size will be further reduced due to the future widening of La Palma Avenue, 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. Parking Variance: Before the Planning Commission may approve the parking variance, it must make a finding of fact that the evidence presented shows that 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; 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. RECLASSIFICATION NO. 2015-00287, CONDITIONAL USE PERMIT NO. 2015-05829, VARIANCE NO. 2015-05050 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 February 8, 2016 Page 6 of 7 Based upon a ratio of 5.5 spaces per 1,000 square feet of building area for the convenience market, the proposed service station and convenience market require 15 parking spaces; however, only nine spaces are proposed. As indicated above, two employees would be on duty during each shift, leaving seven parking spaces available for patrons of the business. Customers who use the service station to refuel their vehicles are the primary customers of the convenience market and do not use on-site parking spaces. There are six fueling pumps which accommodate a total of 12 vehicles for fueling. With the inclusion of the 12 fuel pump spaces, the total number of spaces available for parking equates to 21 on-site spaces. This significantly exceeds the minimum of 15 spaces as required by code. The variance for the property, under the conditions imposed, would provide sufficient parking on-site in that many of the convenience store patrons fill their vehicles with gas while parked at the fuel pump and enter the store while the vehicle is fueling. Therefore, the number of spaces provided onsite would equate to 21 parking spaces with the inclusion of the fueling pump spaces. This provides more than the number of spaces necessary to accommodate all vehicles attributable to all uses at the property under the normal and reasonably foreseeable conditions of operation of such uses. With the use of the fueling pump spaces considered, the project would not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. Therefore, staff recommends approval of the parking variance request. Public Convenience or Necessity (PCN): State law limits the issuance of new alcohol sales licenses when a license is requested in a police reporting district with a crime rate above the City average or when there is an overconcentration in the number of Alcoholic Beverage Control (ABC) licenses within a census tract. A determination of Public Convenience or Necessity is required for this application because this property is located within a reporting district with an overconcentration of off-sale licenses. State law also states that such restrictions can be waived if the local jurisdiction makes a determination that the proposed business would serve "public convenience or necessity." The ABC bases the number of permitted alcohol licenses on the population in the Census Tract. The location is in Census Tract Number 868.01 which has a population of 3,267. This population allows for one off-sale license and there are presently six licenses in the tract. This census tract is generally bounded by the I-5 freeway to the north, Crescent Avenue to the south, Magnolia Avenue to the west and Brookhurst Street to the east. This location is within Reporting District 1418, which has a crime rate that is below the city average. There have been 11 calls for service to this location in the last year consisting of: 1 fight, three 911 hang ups, 2 petty thefts, 1 trespassing, 2 suspicious subjects, 1 medical aide and 1 disturbance. Police Department staff indicates that the number of calls to this business in the last year is not considered excessive. The Police Department also analyzes public convenience or necessity requests based on crime statistics within a ¼ mile radius of the subject site. This approach provides a complete assessment of crime in the surrounding area and gives an accurate depiction of crime and its relation, if any, to the subject site. This measurement also results in a uniform standard for evaluation of PCN applications, regardless of a project site’s location or the size of a reporting district. The quarter mile radius surrounding this location is 102% above the city average in crime. The calls for service primarily consisted of: 33 petty thefts, 21 auto burglaries and 21 simple assaults. RECLASSIFICATION NO. 2015-00287, CONDITIONAL USE PERMIT NO. 2015-05829, VARIANCE NO. 2015-05050 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 February 8, 2016 Page 7 of 7 The attached statement of justification for a determination of “public convenience or necessity” by the applicant indicates that the sales area for beer and wine would be incidental to the range of products offered in the convenience store. In addition, the store has implemented several measures to deter crime and further ensure that alcohol will not create a nuisance for the surrounding area. These measures include a well-lit and well-maintained parking lot and strategically placed security cameras. According to the applicant, 7-11 has an extensive training program for its employees called the Age & ID Program, a computer-based training program to ensure that employees understand and implement the procedures imposed by 7-11 to comply with ABC laws and regulations. Staff believes that, with the recommended conditions of approval relating to restrictions on alcoholic beverage packaging, displays, signage, property maintenance, and on-site consumption, the use would be compatible with the surrounding commercial land uses. Environmental Impact Analysis: The project’s potential environmental impacts have been evaluated and staff recommends that the Planning Commission determine that the development qualifies for a Class 32 “Infill Development Projects” exemption allowed under California Environmental Quality Act. In order to support this determination, staff prepared an environmental checklist and determined that the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. In reaching this conclusion, staff determined that the property is less than five acres in size and is substantially surrounded by urban uses, has no value as habitat for endangered, rare or threatened species, and can be adequately served by all required utilities and public services. Based on these findings, the project does not meet the minimum thresholds that would suggest the potential for the project to cause a significant effect on the environment. CONCLUSION: Staff believes that the proposed service station and convenience market with sales of beer and wine for off-premises consumption are compatible with the surrounding commercial land uses. The reclassification will serve to provide consistency with the General Plan for the service station and convenience market. The proposed number of parking spaces would be adequate to serve the proposed business based on the parking demand of convenience markets when incorporated with service stations. Based upon these reasons, staff recommends approval of this request. Prepared by, Submitted by, Amy Stonich Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Reclassification Resolution 2. Draft CUP, VAR and PCN Resolution 3. Police Department Memorandum 4. Letter of Request 5. Site Photos 6. Site Plans and Elevation Plans 7. Class 32 Infill Development Checklist 8. Development Summary C-GSERVICESTATION C-GSERVICE STATION RM-4MAGNOLIA PLAZAAPARTMENTS84 DU C-GOFFICES C-GRESTAURANT IMEDICAL OFFICE IRETAIL IINDUSTRIAL IINDUSTRIAL C-GRESTAURANT C-GRETAIL IINDUSTRIAL IINDUSTRIAL W LA PALMA AVE N M A G N O L I A A V E W VIA PALMA 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 T N . D A L E A V E . CRESCENT AVE 2585 West La Palma Avenue DEV No. 2015-00110 Subject Property APN: 071-521-12 °0 50 100 Feet Aerial Photo:May 2014 W LA PALMA AVE N M A G N O L I A A V E W VIA PALMA 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 T N . D A L E A V E . CRESCENT AVE 2585 West La Palma Avenue DEV No. 2015-00110 Subject Property APN: 071-521-12 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2015-00287 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00110) (2585 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to rezone or reclassify that certain real property located at 2585 West La Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property") from the "I" Industrial Zone to the “C-G” General Commercial Zone, which reclassification is designated as Reclassification No. 2015-00287; and WHEREAS, the Property is currently developed with a service station containing two covered pump islands and a convenience market and is located in the "I" Industrial Zone. The Land Use Element of the Anaheim General Plan designates this Property for General Commercial land uses; and WHEREAS, Reclassification No. 2015-00287 is proposed in conjunction with Conditional Use Permit No. 2015-05829 to permit the construction of a new service station and convenience market. The applicant has also requested (1) a variance to allow reduced front setbacks and less parking spaces than required by the Anaheim Municipal Code, which is designated as Variance No. 2015-05050, and (2) an associated determination of "Public Convenience or Necessity" to permit the sale of beer and wine for off-premises consumption in the convenience market on the Property (collectively referred to herein as the "Proposed Project"); and WHEREAS, notice of a public hearing to be held on January 11, 2016 before the Planning Commission was 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 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 and to investigate and make findings and recommendations in connection therewith. The public hearing was continued by the Planning Commission to February 8, 2016 at 5:00 p.m. at the Civic Center in the City of Anaheim, at which time the Planning Commission did hold a public hearing to hear and consider evidence for and against proposed Conditional Use Permit 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 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 (Title 14 of the California Code of Regulations; 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 - PC2016-*** WHEREAS, the Planning Commission finds and determines that the Proposed Project (including the demolition of the existing improvements on the Property) is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of the "CEQA Guidelines". Specifically, the Proposed Project (a) is consistent with the applicable General Plan designation and all applicable General Plan policies and, upon approval of Reclassification No. 2015-00287, will be consistent with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the Property from the "I" Industrial Zone to the "C-G" General Commercial Zone is consistent with the Property’s existing General Commercial land use designation of "General Commercial". 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the adjacent properties to the north, east and west which are designated for Industrial and General Commercial land uses and are developed with service station and commercial uses. 3. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. WHEREAS, this 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. This 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 pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2015-00287 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "C-G" General Commercial Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00287. - 3 - PC2016-*** BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 8, 2016. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on February 8, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of February, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** [DRAFT] ATTACHMENT NO. 2 - 1 - PC2016 -*** RESOLUTION NO. PC2016 -*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05829, VARIANCE NO. 2015-05050 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015 -00110) (2585 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 to permit (i) the construction of a new service station and convenience market; (ii) a variance to allow reduced front setbacks and less parking spaces than required by code; and (iii) an associated determination of "Public Convenience or Necessity" to permit the sale of beer and wine from the convenience market for off-premises consumption at that certain real property located at 2585 West La Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently developed with a service station containing two covered pump islands and a convenience market and is located in the "I" Industrial Zone. The Land Use Element of the Anaheim General Plan designates this Property for "General Commercial" land uses; and WHEREAS, all development within the "I" Industrial Zone is subject to the provisions of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the "Code"), which provides that all such development is subject to the approval of a conditional use permit; and WHEREAS, Conditional Use Permit No. 2015-05829 is proposed in conjunction with Reclassification No. 2015-00287, which is a request to rezone or reclassify the Property from the "I" Industrial Zone to the "C-G" Commercial General Zone and would upon approval thereof apply the zoning and development standards of the "C-G" Commercial General Zone to the Property. The development comprising Reclassification No. 2015 -00287, Conditional Use Permit No. 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, notice of a public hearing to be held on January 25, 2016 before the Planning Commission was 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 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 and to investigate and make findings and recommendations in connection therewith. The public hearing was continued by the Planning Commission to February 8, 2016 at 5:00 p.m. at the Civic Center in the City of Anaheim, at which time the Planning Commission did hold a public hearing to hear and consider evidence for and against proposed Conditional Use Permit 2015-05829, Variance No. 2015-05050, and Public - 2 - PC2016 -*** Convenience or Necessity No. 2016-00123 to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines") and, pursuant to Section 15332 of the CEQA Guidelines, is categorically exempt from the provisions of CEQA; and WHEREAS, this 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 2015-05829, does find and determine the following: 1) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code in that the Zoning Code allows a service station and convenience market to be constructed with off-site beer and wine sales in the General Commercial (C-G) Zone subject to a conditional use permit pursuant to Section 18.08.030.; 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 in that the new 76 gas station and 7-Eleven convenience market will replace an existing 76 gas station and convenience market and the new buildings or structures of the Proposed Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of the Zoning Code.; 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 in 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 the particular area in that the Proposed Project, in that the design proposed is adequate to ensure maneuverability that is compatible with the adjacent service station and commercial uses and therefore it is not anticipated to adversely affect development of the area. 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 because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding street.; 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 in that the impact upon the surrounding area has been mitigated to the maximum extent practicable in that site development standards proposed for the Proposed Project are consistent with the development standards of the "C-G" General Commercial and the General Commercial General Plan designation. - 3 - PC2016 -*** WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for Variance No. 2015-05050 for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (15 spaces required; 9 spaces proposed) 1. The variance for the Property, under the conditions imposed, will provide sufficient parking on-site in that many of the convenience store patrons fill their vehicles with gas while parked at the fuel pump and enter the store while the vehicle is fueling. Therefore the number of spaces provided onsite would equate to 21 parking spaces with the inclusion of the fueling pump spaces. This provides more than the number of spaces necessary to accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses; 2. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of all combined uses on the site; 3. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking with the fueling pump spaces considered, will adequately accommodate peak parking demands of all uses on the site; 4. The variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Property because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation; and 5. The variance for the Property, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property because the Property has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property. WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for Variance No. 2015-05050 for reduced landscape setbacks should be approved for the following reasons: SECTION NO. 18.08.060.010.0101 Minimum landscaped setback. (15 feet required; 10 feet proposed) - 4 - PC2016 -*** 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the Proposed Project. The subject property has a width and depth of 150 feet, and a lot area of 0.51 acres, while all other lots in the immediate vicinity have much larger lot widths and sizes, including the service station across Magnolia Avenue to the west which has a lot depth of 230 feet and a lot area of 0.92 acres. In addition, the service station and convenience store are designed in a manner that is sensitive to the adjacent properties by providing a reasonable front landscape setback with significantly more landscaping than what exists on the site currently. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity because this lot size is smaller than other surrounding C-G zoned properties in the vicinity. This makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed service station. WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a determination of Public Convenience or Necessity No. 2016-00123, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "Public Convenience or Necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by the issuance of a license. For purposes of Section 23958, "undue concentration" means the case in which the premises are located in an area where any of the following conditions exist: (a) The premises are located within crime reporting district 1418 which is below in "reported crimes" (as defined in Section 23958.4) than the average number of reported crimes as determined from all crime reporting districts within the City of Anaheim. (b) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of on-sale retail licenses to population in the county. (c) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of off-sale retail licenses to population in the county. - 5 - PC2016 -*** 3. Notwithstanding the existence of the above-referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to determinations of "public convenience or necessity"; and, when the sale of alcoholic beverages for off-premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 5. The Property is located within Census Tract 868.01 with a population of 3,267 that allows for one (1) off-sale license and six (6) presently exist within the census tract. The Property is located in Police Reporting District No. 1418, which has a crime rate that is below the City-wide average. The Police Department evaluates these requests based on the crime rate within a one-quarter mile radius of the premises for the subject site. The crime rate within ¼ mile of this Property is 102% above the City-wide average based upon calls for service. Since the census tract is over concentrated, a determination of "public convenience or necessity" is required to be made for this request. 6. A determination of "public convenience or necessity" can be made based on the finding that the requested license, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim because the applicant has been conditioned to follow a comprehensive Sale of Alcoholic Beverages Policy and ID Training Resource Guide and conduct alcohol sales training programs for employees. In addition, the store has implemented several measures to deter crime and further ensure that alcohol will not create a nuisance for the surrounding area. These measures include a well-lit parking lot, state of the art cash registers that automatically require proper identification when alcoholic beverages are purchased, and strategically placed security cameras. Therefore, the sale of alcoholic beverages, with recommended conditions of approval relating to security measures would serve a public convenience and will be compatible with the surrounding area. 7. The use is not anticipated to adversely affect adjoining land uses or the growth and development of the area in that it will provide beer and wine in an off-site capacity to serve the local residents and would serve as an added convenience to residents and visitors to the area who choose to shop at this establishment. WHEREAS, this 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. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 6 - PC2016 -*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05829, Variance No. 2015-05050, and Public Convenience or Necessity No. 2016-00123 contingent upon and subject to the adoption by the City Council of an ordinance reclassifying the Property within the "C-G" General Commercial Zone in accordance with Reclassification No. 2015-00287, and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property 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 February 8, 2016. 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 - 7 - PC2016 -*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on February 8, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of February, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 8 - PC2016 -*** - 9 - PC2016 -*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05829, VARIANCE NO. 2015-05050, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 (DEV2015 -00110) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 Building plans shall show conformance with the current version of Engineering Standard Details 402, 436, 470, and 471 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works, Development Services 2 Building Plans shall show conformance with the current version of Caltrans Standard Plan A90A as it relates to accessible parking stall design, striping, and required signage. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works, Development Services PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 3 The project final WQMP shall be submitted for review and approval and approved by the development services department of public works. Public Works, Development Services 4 That prior to the issuance of the first building permit, street improvement plans shall be submitted for all traffic related improvements adjacent to the project site to the Public Works Department, Development Services Division for review and approval. These plans will show both sides of all streets and alleys adjacent to the property, including all driveways and utility installations, signing and striping. All improvements shall be installed and completed prior to the first final building and zoning inspection. Public Works, Development Services 5 That prior to issuance of building permits, a bond shall be posted for all traffic related street improvements, including, but not limited to, directional signage, striping, and median islands as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. Public Works, Development Services 6 The developer shall post bonds for improvements in the public-right-of way as approved by the City of Anaheim. Public Works, Development Services - 10 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. Public Works, Development Services OPERATIONAL CONDITIONS 8 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 9 There shall be no exterior advertising or sign of any kind or type, including advertising directed Police Department 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 10 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 11 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 12 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 13 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the Police Department licensee shall be removed or painted over within 24 hours of being applied. Police Department 14 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 15 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. Police Department 16 The Petitioner(s) shall post and maintain a professional quality sign facing the premises Police Department 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 - 11 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 17 Loitering is prohibited on or around these premises or this area under the control of the licensee(s). Police Department 18 The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. Police Department 19 Managers I Owners need to call the Department of Alcoholic Beverage Control and obtain LEAD Police Department (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. Police Department 20 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and Police Department make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Police Department 21 Security measures shall be provided to the satisfaction of the Anaheim Police Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 22 Owner shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities, Water Engineering 23 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hershey Residential Fire Meter with Translator Register, no equals. Public Utilities, Water Engineering 24 That the developer/owner shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities, Water Engineering 25 That a private water system with separate water service for fire protection and domestic water shall be provided and shown on plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering - 12 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 26 That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any back flow 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 outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities, Water Engineering 27 That 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, Water Engineering 28 That all existing water services and fire services shall conform to current Water Services Standards 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, Water Engineering 29 That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities, Water Engineering 30 That individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. Public Utilities, Water Engineering 31 The existing backflow prevention devices serving the property are substandard and must be replaced per Public Utilities Department Water Engineering Division requirements. Public Utilities, Water Engineering PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING 32 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 33 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 34 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering - 13 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 35 The developer shall submit street improvement plans to the Public Works department to construct all work in the right of way in conformance to Public Works standards. The improvements shall be constructed prior to final building and zoning inspection. Public Works, Development Services 36 That prior to final building and zoning inspection, fire lanes or no parking zones shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Public Works, Development Services 37 All required WQMP improvements shall be operational and verified by the Construction Services Division Inspector and the Development Services Division. Public Works, Development Services 38 All required Public Improvements shall be completed and operational and submitted for approval to the Construction Services Division Inspector. Public Works, Development Services GENERAL 39 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department 40 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department 41 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department. Planning Department City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: Amy Stonich/Planning Department Case No.: DEV 2015-00110/CUP 2015-05829 Date: From: 76 Gas Station and Convenience Market 2585 W. La Palma Avenue October 14,2015 Lieutenant Tracy Hittesdorf Anaheim Police Department Vice, Narcotics and Criminal Intelligence Section Commander Contact: Name: S.P.S.R. Michele Irwin Phone: 714-765-1461 Email: mmirwin@anaheim.net The Police Department has reviewed the above case. Please see the following comments and conditions for more information: COMMENTS: The Police Department has received an I.D.C. Route Sheet for DEV 2015-00110. The applicant is constructing a new service station with a convenience market to include the sale of beer and wine for off-site consumption. The location is in Census Tract Number 868.01 which has a population of 3,267. This population allows for 3 on sale Alcoholic Beverage Control licenses and there are presently 6 licenses in the tract. It also allows for 1 off sale license and there are presently 6 licenses in the tract. This location is within Reporting District 1418 which is below the city average in crime. There have been 11 calls for service to this location in the last year and they consisted of: 1 fight, 3 911 hang ups, 2 petty thefts, 1 trespassing, 2 suspicious subjects, 1 medical aide and 1 disturbance. The Y. mile radius surrounding this location is 102% above the city average in crime. The calls for service primarily consisted of: 33 petty thefts, 21 auto burgiaries and 21 simple assaults. RECOMMENDED CONDITIONS OF APPROVAL: The Police Department requests the following conditions be placed on the Conditional Use Permit: ATTACHMENT NO. 3 No. Timing Condition Responsible Department 1. No display of alcoholic beverages shall be located outside of a building or within five (5) feet Police Department of any public entrance to the building. 2. There shall be no exterior advertising or sign of any kind or type, including advertising directed Police Department 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. 3. The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 4. Sale of alcoholic beverages shall be made to customers only when the customer is in the Police Department building. 5. The possession of alcoholic beverages in open containers and the consumption of alcoholic Police Department beverages are prohibited on or around these premises. 6. Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the Police Department licensee shall be removed or painted over within 24 hours of being applied. 7. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of Police Department persons around the premises. 8. There shall be no amusement machines, video game devices, or pool tables maintained upon Police Department the premises at any time. 9. The Petitioner(s) shall post and maintain a professional quality sign facing the premises Police Department parking lot(s) that reads as follows: NO LOITERING, NO LlTIERING 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. 10. Loitering is prohibited on or around these premises or this area under the control of the Police Department I licensee(s). I 11. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the Police Department premises over which they have control, as depicted. 12. 13. 14. Managers I Owners need to call the Department of Alcoholic Beverage Control and obtain LEAD Police Department (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and Police Department make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally. the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Security measures shall be provided to the satisfaction of the Anaheim Police Department Police Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Concur: -,f.J.L,,h--+.f!::~~~q------ f:\home\mmirwin\CUP\2015-00110 DEV 2585 W La Palma 76 Gas Station.doc 4887 E. La Palma Ave. Ste. 707 Anaheim, CA 92807 T : [714] 695-9300 F : [714] 693-1002 WESTERN STATES Engineering, Inc. November 24th of 2015 Project Name: 76 Gas Station with 7-Eleven C-Store Project Address: 2585 W. La Palma Ave., Anaheim, CA 92801 APN: 071-521-12 LETTER OF OPERATION Western States Engineering, Inc. on behalf of MIRUS, Inc. is requesting a Condition Use Permit from the City of Anaheim to build a new 76 Gas Station with 7-Eleven Convenience Store at the North West corner of La Palma Ave. and Magnolia Ave. The property is located in I Zone (Industrial) and it will require to be rezoned as CG Zone (General Commercial). Due to this change all regulations will be applied as per Municipal Code Chapter 18.08. and it will respect any plan improvement or future Right of Way dedication proposed by the City of Anaheim in that area. Currently there is an existing 76 gas station that will be demolished in order to develop the new gas station that will incorporate substantial landscape improvements and convert the site into a more functional and modern facility. The demolition will include the removal of 1,013 sq. ft. of existing Food Mart area, replacement of the two existing underground tanks, demolition of the fueling canopies with five dispenser islands and removal of approximately 18,632 sq. ft. of existing asphalt and concrete paving. The improvements proposed to the site will include a new 7-Eleven Convenience Store with an area of 2,700 sq. ft., one new 76 fueling canopy with 6 dispenser islands and a roof area of 3,040 sq. ft., expansion and improvement of 3,699 sq. ft. of landscape area, close one existing driveway along Magnolia Ave to improve traffic flow, reconstruct two existing driveway as per city standards, and the reconfiguration of the parking area to comply with ADA requirements and building codes. As per municipal code a total of 15 parking spaces and a 12’x20” loading area are required. The project is providing 9 parking spaces including one ADA van accessible parking, this will require a Variance request for the reduction in parking spaces. Another variance will be requested to reduce the landscape setback along Magnolia Ave. and La Palma Ave. from 15’ to 10’ in order to benefit the vehicular circulation inside the Gas Station. The properties adjacent to the gas station are Industrial zone therefore none fence and separation walls are required between properties (Section 18.46.110, Table 46-A). The building and service station will operate 24/7 with approximately 2 employees on each shift. It will provide sale of prepackage food and beverages that will include the off sale of Beer & Wine, therefore a request for Public Convenience or Necessity and ABC license (type 20) will be included in the CUP submittal. The project is scheduled to start at the end of May or the beginning of June of 2016 and will have a duration of 5 months approximately. ATTACHMENT NO. 4 76 GAS STATION & C-STORE 2585 LA PALMA AVE. ANAHEIM AERIAL VIEW ATTACHMENT NO. 5 76 GAS STATION & C-STORE 2585 LA PALMA AVE. ANAHEIM 76 GAS STATION & C-STORE 2585 LA PALMA AVE. ANAHEIM PHOTO 1 PHOTO 2 76 GAS STATION & C-STORE 2585 LA PALMA AVE. ANAHEIM PHOTO 3 PHOTO 4 76 GAS STATION & C-STORE 2585 LA PALMA AVE. ANAHEIM PHOTO 5 PHOTO 6 COM TSB TSB TSB R CB WM PROPANE J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO. DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No Plotted: Monday, January 11, 2016 3:18 PM M : \ _ C u r r e n t P r o j e c t s \ E 9 2 1 1 5 7 6 S t a t i o n ( 2 5 8 5 W L a P a l m a A n a h e i m - M i r u s I n c ) \ _ C A D \ 1 . A r c h i t e c t u r a l \ S H E E T S \ A S - 1 . 0 _ S I T E P L A N . d w g MIRUS, INC. 2585 W LA PALMA AVE. ANAHEIM, CA 92801 PROPOSED GAS STATION & C-STORE 2585 W LA PALMA AVE. ANAHEIM, CA 92801 CROSS ST. MAGNOLIA ST. E92115 CUP NO. CONSULTANT/ SEALS A DESIGN-BUILD COMPANY WS WS JK 11-09-15 1" = 10'-0" 241215'& 5+6'2.#0 #5ÄSCALE:1 SITE PLAN 1" = 10'-0" 00 10'20' LEGEND SITE KEY NOTES VICINITY MAP ASSESSOR'S PARCEL NO. 071-521-12 EXISTING ZONING LAND USE PARKING PARKING STANDARDS SIZE REGULAR COMPACT HANDICAP TYPE PARKING REQUIREMENTS USE FORMULA REQUIRED PROPOSED C-STORE (NEW) OCCUPANCY TYPE OF CONST NUMBER OF STORY AREA BLDG HEIGHT HANDICAP PARKING REQUIREMENTS FORMULA REQUIRED PROPOSED AREA OF SITE OCCUPANCY TYPE OF CONST NUMBER OF STORY AREA BLDG HEIGHT PROJECT DATA PARKING ANALYSIS BUILDING DATA CANOPY (NEW) LEGAL DESCRIPTION BLDG SETBACKS ABUTTING LOCAL STREET ABUTTING NON RESIDENTIAL REQUIRED PROPOSED LANDSCAPE AREA FLOOR AREA RATIO MAXIMUM HEIGHT LOT COVERAGE PROJECT SITE NORTH LOADING NEW ZONING NOTES STREET LANDSCAPE SETBACK 1 1 1 1 1 1 1 2 2 1 2 ATTACHMENT NO. 6 COM TSBTSBTSBR C B WM E X I S T I N G B U I L D I N G 1 , 0 1 3 S Q . F T . J I H G F E D C B A 12345 6 7 8 9 1 0 1 1 1 2 1 3 1 4 N O T E T O C O N T R A C T O R 3 4 2 1 D E S C R I P T I O N N O . B Y D A T E R E V I S I O N S S U B M I T T A L O W N E R N A M E & A D D R E S S P R O J E C T N A M E & A D D R E S S C O N F I D E N T I A L I T Y S T A T E M E N T S H E E T N U M B E R S H E E T T I T L E 1 A B C D E F G H2345 6 J 7 8 1 0 9 1 1 1 2 1 3 1 4 D R A W N B Y : D A T E D R A W N : C H E C K E D B Y : D A T E B Y N O . D E S C R I P T I O N D E S I G N E D B Y : S C A L E : I J O B N o C U P N o Plotted: Monday, November 09, 2015 2:40 PM M:\_Current Projects\E92115 76 Station (2585 W La Palma Anaheim-Mirus Inc)\_CAD\1. Architectural\SHEETS\AS-0.1_EXISTING SITE PLAN.dwg M I R U S , I N C . 2 5 8 5 W L A P A L M A A V E . A N A H E I M , C A 9 2 8 0 1 P R O P O S E D G A S S T A T I O N & C - S T O R E 2 5 8 5 W L A P A L M A A V E . A N A H E I M , C A 9 2 8 0 1 C R O S S S T . M A G N O L I A S T . E 9 2 1 1 5 C U P N O . C O N S U L T A N T / S E A L S A D E S I G N - B U I L D C O M P A N Y W S W S J K 0 8 - 2 1 - 1 5 1 " = 1 0 ' - 0 " ' : + 5 6 + 0 ) 5 + 6 '  2 . # 0 # 5 Ä    SCALE:1EXISTING SITE PLAN1" = 10'-0"0010'20' V I C I N I T Y M A P P R O J E C T S I T E N O R T H D E M O K E Y N O T E S ROOM NAME NET AREA OCC. & NUMBER CLAS. LOAD FACTOR OCC. (SF) J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO.DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No Plotted: Monday, September 28, 2015 11:18 AM M: \ _ C u r r e n t P r o j e c t s \ E 9 2 1 1 5 7 6 S t a t i o n ( 2 5 8 5 W L a P a l m a A n a h e i m - M i r u s I n c ) \ _ C A D \ 1 . A r c h i t e c t u r a l \ S H E E T S \ A - 1 . 0 F L O O R P L A N . d w g MIRUS, INC. 2585 W LA PALMA AVE. ANAHEIM, CA 92801 PROPOSED GAS STATION & C-STORE 2585 W LA PALMA AVE. ANAHEIM, CA 92801 CROSS ST. MAGNOLIA ST. E92115 CUP NO. CONSULTANT/ SEALS A DESIGN-BUILD COMPANY SCALE:1 FLOOR PLAN - C-STORE 1/4" = 1'-0" NORTH 00 4'8'2'1' P1 P3 P4 WALL LEGEND P5 P2 WS WS JK 08-19-15 AS SHOWN (.1142.#0 %Ä5614' #ÄSCALE:2 ROOF PLAN - C-STORE 1/4" = 1'-0" NORTH 00 4'8'2'1' ROOF FINISHES ROOF KEY NOTES SCALE:2WEST ELEVATION (@ MAGNOLIA AVE.)1/4" = 1'-0" S C A L E : 1 S O U T H E L E V A T I O N ( @ L A P A L M A A V E . ) 1 / 4 " = 1 ' - 0 " J I H G F E D C B A 12345 6 7 8 9 1 0 1 1 1 2 1 3 1 4 N O T E T O C O N T R A C T O R 3 4 2 1 D E S C R I P T I O N N O . B Y D A T E R E V I S I O N S S U B M I T T A L O W N E R N A M E & A D D R E S S P R O J E C T N A M E & A D D R E S S C O N F I D E N T I A L I T Y S T A T E M E N T S H E E T N U M B E R S H E E T T I T L E 1 A B C D E F G H2345 6 J 7 8 1 0 9 1 1 1 2 1 3 1 4 D R A W N B Y : D A T E D R A W N : C H E C K E D B Y : D A T E B Y N O . D E S C R I P T I O N D E S I G N E D B Y : S C A L E : I J O B N o C U P N o Plotted: Thursday, August 27, 2015 3:09 PM M:\_Current Projects\E92115 76 Station (2585 W La Palma Anaheim-Mirus Inc)\_CAD\1. Architectural\SHEETS\A-3.0 ELEVATIONS_C-STORE.dwg M I R U S , I N C . 2 5 8 5 W L A P A L M A A V E . A N A H E I M , C A 9 2 8 0 1 P R O P O S E D G A S S T A T I O N & C - S T O R E 2 5 8 5 W L A P A L M A A V E . A N A H E I M , C A 9 2 8 0 1 C R O S S S T . M A G N O L I A S T . E 9 2 1 1 5 C U P N O . C O N S U L T A N T / S E A L S A D E S I G N - B U I L D C O M P A N Y % Ä 5 6 1 4 '  ' . ' 8 # 6 + 1 0 5 # Ä    W S W S J K 0 8 . 1 0 . 1 5 1 / 4 " = 1 ' - 0 " E L E V A T I O N K E Y N O T E S M A T E R I A L SCALE:4EAST ELEVATION (@ LA PALMA AV E . ) 1/4" = 1'-0"SCALE:3NORTH ELEVATION (@ LA PALMA AVE.)1/4" = 1'-0" S C A L E : 5 C R O S S S E C T I O N 1 / 4 " = 1 ' - 0 " J I H G F E D C B A 12345 6 7 8 9 1 0 1 1 1 2 1 3 1 4 N O T E T O C O N T R A C T O R 3 4 2 1 D E S C R I P T I O N N O . B Y D A T E R E V I S I O N S S U B M I T T A L O W N E R N A M E & A D D R E S S P R O J E C T N A M E & A D D R E S S C O N F I D E N T I A L I T Y S T A T E M E N T S H E E T N U M B E R S H E E T T I T L E 1 A B C D E F G H2345 6 J 7 8 1 0 9 1 1 1 2 1 3 1 4 D R A W N B Y : D A T E D R A W N : C H E C K E D B Y : D A T E B Y N O . D E S C R I P T I O N D E S I G N E D B Y : S C A L E : I J O B N o C U P N o Plotted: Friday, August 28, 2015 2:01 PM M:\_Current Projects\E92115 76 Station (2585 W La Palma Anaheim-Mirus Inc)\_CAD\1. Architectural\SHEETS\A-3.0 ELEVATIONS_C-STORE.dwg M I R U S , I N C . 2 5 8 5 W L A P A L M A A V E . A N A H E I M , C A 9 2 8 0 1 P R O P O S E D G A S S T A T I O N & C - S T O R E 2 5 8 5 W L A P A L M A A V E . A N A H E I M , C A 9 2 8 0 1 C R O S S S T . M A G N O L I A S T . E 9 2 1 1 5 C U P N O . C O N S U L T A N T / S E A L S A D E S I G N - B U I L D C O M P A N Y % Ä 5 6 1 4 '  ' . ' 8 # 6 + 1 0 5 % 4 1 5 5  5 ' % 6 + 1 0 # Ä    W S W S J K 0 8 . 1 0 . 1 5 1 / 4 " = 1 ' - 0 " E L E V A T I O N K E Y N O T E S M A T E R I A L SCALE:2 WEST ELEVATION - CANOPY 1/4" = 1'-0" SCALE:1 NORTH ELEVATION (SIM. SOUTH) - CANOPY 1/4" = 1'-0" J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO.DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No Plotted: Monday, November 09, 2015 3:51 PM M: \ _ C u r r e n t P r o j e c t s \ E 9 2 1 1 5 7 6 S t a t i o n ( 2 5 8 5 W L a P a l m a A n a h e i m - M i r u s I n c ) \ _ C A D \ 1 . A r c h i t e c t u r a l \ S H E E T S \ A - 3 . 2 E L E V A T I O N S _ C A N O P Y . d w g MIRUS, INC. 2585 W LA PALMA AVE. ANAHEIM, CA 92801 PROPOSED GAS STATION & C-STORE 2585 W LA PALMA AVE. ANAHEIM, CA 92801 CROSS ST. MAGNOLIA ST. E92115 CUP NO. CONSULTANT/ SEALS A DESIGN-BUILD COMPANY %#012;'.'8#6+105 #Ä WS WS JK 11-09-15 1/4" = 1'-0" ELEVATION KEYNOTES MATERIAL 4887  E. La  Palma  Ave. Ste. 707 Anaheim C A  92807 P  [714] 695.9300 F  [714] 693.1002 KA R A K I WE S T E R N S T A T E S 25 8 5  W.  LA  PA L M A  AV E .  AN A H E I M  CA  92 8 0 1 CA N O P Y E L E V A T I O N 4887  E. La  Palma  Ave. Ste. 707 Anaheim C A  92807 P  [714] 695.9300 F  [714] 693.1002 KA R A K I WE S T E R N S T A T E S 25 8 5  W.  LA  PA L M A  AV E .  AN A H E I M  CA  92 8 0 1 C- S T O R E F R O N T E L E V A T I O N ( W E S T ) 4887  E. La  Palma  Ave. Ste. 707 Anaheim C A  92807 P  [714] 695.9300 F  [714] 693.1002 KA R A K I WE S T E R N S T A T E S 25 8 5  W.  LA  PA L M A  AV E .  AN A H E I M  CA  92 8 0 1 C- S T O R E S I D E E L E V A T I O N ( S O U T H ) CITY OF ANAHEIM ENVIRONMENTAL CHECKLIST FORM CLASS 32 CATEGORICAL EXEMPTION INFILL DEVELOPMENT PROJECTS** CASE NO.: DEV2015-00110 RECLASSIFICATION NO. 2015-00287 CONDITIONAL USE PERMIT NO. 2015-05829 VARIANCE NO. 2015-05050 PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 PROJECT APPLICANT: Joseph Karaki Western States Engineering, Inc. 4887 East La Palma Avenue, Suite 707 Anaheim, CA 92807 jkaraki@westernsec.com PROJECT ADDRESS: 2585 West La Palma Avenue APN(s): 071-521-12 PROJECT LOCATION: ATTACHMENT NO. 7 SURROUNDING LAND USES AND SETTING: The 0.51-acre property is currently developed with Unocal 76 service station located at the northeast corner of West La Palma Avenue and Magnolia Street. The property currently has a General Commercial General Plan land use designation which is consistent with the proposed General Commercial zoning. The property is surrounded entirely by commercial land uses including two gas stations on the west and southwest corners of the intersection, a fast food restaurant to the south, and medical/dental offices to the north and east. PROJECT DESCRIPTION: Request to rezone the property from the Industrial (I) zone to the General Commercial (C-G) zone, a conditional use permit to for the construction of a new service station, convenience market and the sale of beer and wine for off-premises consumption; a variance to allow reduced front setbacks and less parking spaces than required by code; and an associated determination of public convenience or necessity to permit the sale of beer and wine for off-premises consumption in the convenience market. GENERAL PLAN DESIGNATION: General Commercial ZONING: Reclassification from I to C-G INFORMATION DEMONSTRATING THAT THE PROJECT SATISFIES THE CONDITIONS DESCRIBED IN SECTION 15332 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS: 1. Is the project consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations? The proposed C-G zone designation is consistent with and would implement the property’s General Commercial General Plan land use designation. The intent of the C-G Zone is to provide for development of commercial uses to serve the adjacent neighborhood or surrounding clusters of neighborhoods. The proposed C-G zoning designation would be compatible with the C-G zoning of the commercial properties to the south, west and southwest, and would also be in conformance with the Land Use Element of the General Plan, which includes the following goals: • Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. • Goal 3.2: Maximize development opportunities along transportation routes. • Goal 4.1: Promote development that integrates with and minimizes impacts to surrounding land uses. • Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. 2. Is the proposed development located within the City limits on a project site of no more than five acres substantially surrounded by urban uses? The 0.51-acre property is located in the City of Anaheim and is currently developed with a Unocal 76 service station. Surrounding land uses in consist of developed commercial and medical uses. 3. Does the project site have value as habitat for endangered, rare or threatened species? The project site is currently developed with commercial uses and has no habitat value for endangered, rare or threatened species. 4. Would approval of the project result in any significant effects relating to traffic, noise, air quality, or water quality? a. Traffic: Construction - There would be a temporary minor increase in traffic due to construction vehicles during the construction phase. However, this impact would be temporary. No significant impacts would occur. Operation - The proposed project consists of a new service station and convenience market. The City of Anaheim Traffic Study Guidelines state that a traffic study is required when a project is expected to generate 100 or more new vehicle trips in the AM or PM peak hour. Based off a Trip Generation Study prepared by K2 Traffic Engineering, dated December 2, 2015, the new service station is estimated to generate a maximum of 67 new peak hour trips. As such, a traffic study was not required nor prepared. Neither roadway segments nor immediately surrounding intersections are anticipated to be significantly impacted as a result of the additional trips from the Proposed Project. b. Noise: Construction The Project would generate temporary noise during construction activities. Equipment used during construction could create noise impacts through the duration of the construction process. However, these impacts are temporary and would cease upon completion of construction. Chapter 6.70 of the City’s noise ordinance exempts construction noise between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Adherence to the City Noise ordinance would result in no significant impacts. Operation The Project is a commercial development that, when constructed, would generate noise impacts consistent with those of surrounding land uses. No significant impacts would occur. c. Air Quality: The Project site is located within SoCAB which is characterized by relatively poor air quality and is a Federal- and State-designated nonattainment area for O3, PM10 and PM2.5 (US EPA 2012). SCAQMD has established significance thresholds for both construction and operational activities relative to these criteria pollutants. Based on the following analysis, implementation of the Project would result in less than significant impacts relative to the daily significance thresholds for criteria air pollutant construction emissions established by the SCAQMD. Construction - The proposal consists of the construction of a service station and convenience market on a 0.51-acre parcel. General construction activities, such as site preparation, including demolition of the existing service station building, pump canopies, grading, and travel by construction workers can contribute to air pollutants. All construction activities would comply with SCAQMD Rule 403 (SCAQMD 2005) regarding the control of fugitive dust emissions, and existing City dust suppression practices that minimize dust and other emissions. Such controls include frequent watering of the site, the covering and/or wetting of trucks hauling dirt, sand, soil or other loose materials off-site, street sweeping, as needed, to remove dirt dropped by construction vehicles or mud that would otherwise be carried off by trucks departing the site, suspending grading and excavation activities in high winds (25 miles per hour [mph] or more) as well as implementation of a traffic control plan to minimize traffic flow interference from construction activities, etc., that would be incorporated into the construction plans. Construction is conservatively anticipated to last 7 months and construction would be broken into three phases: demolition, grading, and building construction (which consists of building construction, paving, and architectural coating). Pollutant emissions resulting from Project construction activities were calculated using the CalEEMod model. Construction emissions are based on conservative assumptions, which imply a default equipment mix and a worst-case construction schedule. As shown in Table 1, entitled “Project-Related Construction and Operational Emissions,” the incremental increase in emissions from Project construction activities fall well below SCAQMD significance thresholds for regional emissions. Operation - The Project’s incremental increase in regional emissions resulting from operation of the Project would not exceed any SCAQMD thresholds. Mobile source emission calculations utilize the vehicle miles traveled (VMT) rate calculated by CalEEMod, based on the specific proposed land use and intensity. The daily VMT rate is based on the number of daily trips for each land use and applied to a commute percentage and an average trip length, both of which are land use specific values derived from CalEEMod. These values account for variations in trip frequency and length associated with commuting to and from the Project. Emission factors specific to the buildout year are projected based on SoCAB-specific fleet turnover rates and the impact of future emission standards and fuel efficiency standards. The increase in the consumption of fossil fuels to provide power, heat, and ventilation was considered in the calculations as stationary point source emissions. Future fuel consumption rates are estimated based on land use specific energy consumption rates. The emission factors used in this analysis represent a State-wide average of known power producing facilities, utilizing various technologies and emission control strategies, and do not take into account any unique emissions profile. At this time, these emission factors are considered conservative and representative. Area source emissions were calculated by CalEEMod and include emissions from natural gas and landscape fuel combustion, consumer products, and architectural coatings (future maintenance). As shown in Table 1, the operational emissions pollutant concentrations resulting from Project operation would not exceed SCAQMD thresholds. Therefore, air quality impacts would be less than significant. Table 1 Project-Related Construction and Operational Emissions Mass Daily Thresholds (pounds per day) VOC NOx CO SO2 PM10 PM2.5 Construction Emissions SCAQMD Threshold 75 100 550 150 150 55 2016 Project Emissions 2 6 4 6 1 1 Exceed Threshold? NO NO NO NO NO NO Operational Emissions SCAQMD Threshold 55 55 550 150 150 55 Project Emissions 1 1 0.11 7.67 9.81 9.81 Exceed Threshold? NO NO NO NO NO NO Source of emissions: CalEEMod 2013.2.2 Source of thresholds: SCAQMD Regional emissions refer to the ambient conditions surrounding the site. Therefore, pollutant emissions associated with construction of the Project would be less than significant. Operational related impacts are typically associated with emissions produced from Project- generated vehicle trips. Based on the Project’s anticipated compliance with SCAQMD Rule 403 and the scale of development, it is anticipated that no significant impacts would occur to existing air quality standards. d. Water Quality: Grading and construction associated with site work on the project site would result in temporary disturbance of surface soils, which could potentially result in erosion and sedimentation on site, which are major visible water quality impacts attributable to construction activities. Any stockpiles of excavated areas would be susceptible to high rates of erosion from wind and rain and, if not manage properly, could result in increased sedimentation in local drainage ways. The Project must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) MS4 Permit. The NPDES MS4 Permit Program, which is administered in the project area by the City of Anaheim and County of Orange, issued by the Santa Ana Regional Water Quality Control Board (SARWQCB), helps control water pollution by regulating point sources that discharge pollutants into receiving waters. Project operation must also comply with the NPDES General Construction Permit. The contractor would be required to comply with Chapter 10.09 of the Anaheim Municipal Code, which prohibits the active or passive discharge or disposal of soil or construction debris into the storm drain. Additionally, the Project would be required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ). Construction activities subject to the Construction General Permit includes clearing, grading, and disturbances to ground such as stockpiling or excavation. The Construction General Permit requires implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would generally contain a site map showing the construction perimeter, existing and proposed buildings, storm water collection and discharge points, general pre- and post-construction topography, drainage patterns across the site, and adjacent roadways. The SWPPP must also include project construction features designed to protect against stormwater runoff, known as Best Management Practices (BMPs). Additionally, the SWPPP must contain a visual monitoring program; a chemical monitoring program for “non-visible” pollutants, should the BMPs fail; and a sediment monitoring plan, should the site discharge directly into a water body listed on the 303(d) list for sediment. Section A of the Construction General Permit describes the elements that must be contained in the SWPPP. Incorporation of these policies and ordinances and the requirements contained within would reduce project impacts to less than significant. 5. Can the project site be adequately served by all required utilities and public services? a. Fire Protection, b. Police Protection: The construction of the new service station with convenience market would not generate additional demand on police or fire services. Building plans submitted for new development on the project site would be required to comply with fire safety requirements. Additionally, development of the project site would not result in the need for new or physically altered police or fire protection facilities. Impacts to police and fire services would be less than significant. c. Schools, d. Parks, e. Other Public Facilities: The Proposed Project would include the construction of a new service station and convenience market. The commercial use will not have an impact on school services, park services or other public facilities, including the Anaheim Public Library system. e. Wastewater/Sewer: The Project would be served by the Anaheim Public Works Department for wastewater (Sanitary Sewer) collection service. The Project is located within a developed area and there is an existing Public wastewater (Sanitary Sewer) main in Cerritos, adjacent to the Project. The project would be required to connect to this existing wastewater (Sanitary Sewer) line. The existing wastewater facilities are not identified as deficient in either the “Existing” or “Build-out” conditions in the latest Combined Central Anaheim Area Master Plan of Sanitary Sewers. Due to the small size of the project, no significant impacts on existing wastewater infrastructure would occur and the existing facilities would be adequate to serve the wastewater collection requirements of the Project. Impacts to wastewater treatment facilities (OCSD) would be less than significant. f. Storm Water Drainage: On-site grading and drainage improvements proposed in conjunction with the proposed site work would be required to meet the City’s and Orange County Flood Control District’s flood control criteria including design discharges, design/construction standards and maintenance features. All new development projects in the City are also required to include specific design Best Management Practices to ensure that no stormwater runoff generated on site would be allowed to leave the site without pre-treatment for urban pollutants. The internal drainage patterns of the site would be slightly altered by Project development as the site is developed with a new commercial building and pump canopies. However, the Project would not alter any drainage pattern in a manner that would result in substantial erosion or siltation on or offsite. The Project would not involve an alteration of the course of a stream or river. Erosion and siltation impacts potentially resulting from the project would, for the most part, occur during the Project’s site preparation and earthmoving phase. Implementation of the NPDES permit requirements, as they apply to the site, would reduce potential erosion, siltation, and water quality impacts. Less than significant impacts would occur. g. Water Supplies: The City of Anaheim receives water from two main sources: the Orange County Groundwater Basin, which is managed by the Orange County Water District (OCWD), and imported water from the Metropolitan Water District of Southern California (MWD). Groundwater is pumped from 18 active wells located within the City, and imported water is delivered to the City through seven treated water connections and one untreated connection. According to the City of Anaheim 2010 Urban Water Management Plan (UWMP), local groundwater has been the least expensive and most reliable source of water supply for the City. The City depends heavily on the groundwater from the Orange County Groundwater Basin each year. The Project includes the development of a new service station with convenience market at the same location of a similar use. Due to the similar size of the project, the supply of local water needed to support the use is not substantial. Therefore, the production rates of local wells would not be significantly impacted. The Project would also result in similar amounts of impervious surfaces than what currently exist on the site. Therefore, the development would not result in a significant deficit in aquifer volume or a lowering of the local groundwater table. Less than significant impacts to groundwater supplies would occur. i. Solid Waste Disposal: Assembly Bill 939 requires local jurisdictions to divert at least 50 percent of their solid waste into recycling. As of 2012, the City is diverting approximately 65 percent of its waste into recycling. Waste from the City is currently being diverted to the Olinda Alpha Landfill in the City of Brea and the Frank R. Bowerman Landfill in the City of Irvine. Combined, the two landfills accept approximately 23,500 tons of waste per day, or over seven million tons annually. The project’s contribution of solid waste would be minimal and would not significantly impact landfill operations. No significant impacts would occur. j. Electricity: k. Natural Gas: l. Telephone Service: m. Television Service: The Project site is located in a built-out, urban setting. The site and the surrounding commercial properties are fully served by various utility service providers. There are no anticipated significant service or system upgrades needed to serve the proposed commercial use. Any increase in demand for these services would be considered to be less than significant. ** Authority: See Public Resources Code Section 21083 and Section 15332 of Title 14 of the California Code of Regulations. DETERMINATION: I find that the answers given above are adequately supported by the information sources cited following each question and that the effects of the Project are typical of those generated within that class of projects (i.e., Class 32 – Infill Development Projects) characterized as in-fill development meeting the conditions of Section 15332 of Title 14 of the California Code of Regulations. The Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act. Signature of City of Anaheim Representative Date Amy Stonich, Contract Planner (714) 765-4959 Printed Name, Title Phone Number PROJECT SUMMARY Development Standard C-G Standards Proposed Project Site Area None* 0.51 acres Building Height 50 feet** 25’6” Landscape Setbacks: Abutting arterial highway 15 feet, as measured from the ultimate highway right-of-way line as designated on the Circulation Element of the General Plan 10-foot setback along Magnolia Avenue 17-foot setback along La Palma Avenue Structural Setbacks: Abutting arterial highway Same as Landscape Setback 120 feet to Magnolia Avenue 52 feet to La Palma Avenue Structural Setbacks: Abutting Any Non-Residential Interior Site Boundary Lines None None Parking 15 9 * The proposed 17-foot landscape setback consists of a 10-foot setback from the ultimate right-of-way line, and 7 feet for a future road dedication. ATTACHMENT NO. 8 200 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: FEBRUARY 8, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 1263A LOCATION: 530 North East Street (El Nopal Restaurant) APPLICANT/PROPERTY OWNER: The applicant is Carlos Rubalcaba and the property owner is 508 N East Street, LLC. REQUEST: The applicant is requesting approval to amend the conditions of approval for a previously approved conditional use permit allowing beer and wine sales in an existing restaurant. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 1263A. BACKGROUND: This 1.16-acre property is developed with a multi-tenant commercial center located at the northeast corner of East Street and Sycamore Street. The restaurant is located within a 2,423 square foot tenant space located at the northwest corner of the center fronting on East Street. The property is located in the General Commercial (C-G) zone. The General Plan designates this property for Low Density Residential land uses. The property is surrounded by single family residential uses to the north across Glenwood Avenue and to the east, a carwash and single family home to the west across East Street, and an auto repair use to the south across Sycamore Street. In 1966, the Planning Commission approved Conditional Use Permit No. 813 to permit the sale of beer for on-site consumption in conjunction with a restaurant; the permit included a condition of approval that limits the hours of operation from 11:00 a.m. to 11:00 p.m. seven days a week. In 1971, the Commission approved Conditional Use Permit 1263 to permit a restaurant with on-sale liquor. This permit included a condition of approval restricting the permitted hours of operation for the restaurant from 11:00 a.m. to 11:00 p.m. Sunday through Thursday, and 11:00 a.m. to midnight on Friday and Saturday. The current owner has been operating El Nopal Restaurant for the past 2 ½ years. The restaurant currently operates from 8:00 a.m. until 11:00 p.m. Sunday through Thursday, and 8:00 a.m. until midnight Friday and Saturday, which is not consistent with the morning hours that were approved under CUP 1263. The restaurant offers CONDITIONAL USE PERMIT NO. 1263A February 8, 2016 Page 2 of 4 karaoke music Thursday, Saturday and Sunday evenings from 7:00 p.m. to 11:00 p.m. and mariachi music on Sundays from 3:00 p.m. to 6:00 p.m. An “open microphone” night, which includes live comedian, karaoke and music performances, occurs on Fridays from 7:00 p.m. to midnight. Alcohol sales currently include beer and wine only under a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) license. The Code Enforcement Division has an open case requiring the business owner to amend their conditional use permit to reflect the current hours of operation and to obtain approval for the live entertainment being provided. Complaints regarding noise from live music emanating from the restaurant have been received by the Police Department over the past two years. In addition, resident complaints have also been made directly to the business operator. PROPOSAL: The applicant is requesting approval to modify the existing hours of operation at El Nopal restaurant to continue operating from 8:00 a.m. until 11:00 p.m. Sunday through Thursday and 8:00 a.m. until midnight Friday and Saturday. The applicant is currently working with ABC to obtain a Type 47 (On-Sale General – Eating Place) license consistent with the on-sale alcohol entitlement allowed under CUP 1263. The applicant recently submitted an Entertainment Permit to City staff to permit and retain the current entertainment activities, and various City departments, including the Police Department and Code Enforcement Division, are in the process of reviewing this permit separate from this CUP application. No changes to the interior or exterior of the building are proposed. FINDINGS AND ANALYSIS: Before the Planning Commission grants a conditional use permit or amends an existing conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. CONDITIONAL USE PERMIT NO. 1263A February 8, 2016 Page 3 of 4 A conditional use permit is required to amend conditions of approval for CUP 1263. The applicant proposes to modify the restaurant’s morning hours of operation from 11:00 a.m. to 8:00 a.m., or three hours earlier than originally allowed. The Code allows the Planning Director to review and approve minor CUP amendments to determine if the request is in substantial conformance with the use and/or the plans that were originally approved, subject to the following findings: 1) The original approval of the permit occurred less than ten years prior to the request for amendment; 2) 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; 3) No new waivers of code requirements are needed; 4) The conditions of approval are not proposed to be substituted or amended, except the substitution or modification to the conditions of approval of a permit previously approved when a written finding is made that the substitute or amended conditions are equivalent or more effective; 5) No substantive changes to the approved site plan are proposed; 6) The nature of the approved use is not significantly changed; 7) The approved use is not intensified; and 8) No new or substantially greater environmental impacts would result. Minor amendments do not require a public hearing, unless the Planning Director determines, at his discretion, that a public hearing is appropriate. In this case, the Planning Director has determined that a public hearing would be appropriate and has referred this request to the Planning Commission because (i) the original approval occurred more than 10 years ago, (ii) amendment of a condition of approval is required, and (iii) the nature of the use has intensified because the restaurant offers live entertainment, amplified music, and late night hours on the premises. In addition, as mentioned above, the City has received noise complaints from adjacent neighbors and handling the request through the public hearing process affords the opportunity to impose additional operational conditions of approval to ensure that the venue is being operated without detriment to the surrounding neighborhood. As indicated in the applicant’s Letter of Request, the hours of operation being proposed will include earlier morning hours which are consistent with the current restaurant operations. According to the applicant, the restaurant has operated with these hours for several decades. The need for an amendment to the conditional use permit was brought to his attention when Code Enforcement staff informed him of the need to apply for an entertainment permit and amend the CUP to permit the earlier hours of operation. The Code Enforcement case remains open, subject to approval of this CUP amendment and a separate entertainment permit being processed by City staff. CONDITIONAL USE PERMIT NO. 1263A February 8, 2016 Page 4 of 4 Staff contacted an adjacent neighbor who indicated that he regularly contacts the restaurant owner regarding noise that can be heard from his home. He indicated that restaurant employees also park on his residential street. He also indicated that he is supportive of the earlier hours of operation as long as the restaurant closes at the times allowed under the CUP, and the noise being generated by the entertainment activities meets the City’s noise standard of 60 decibels as measured at the property line. The business owner was advised of these concerns and has agreed to install sound attenuation in the restaurant to address the noise issues. Staff has included a condition of approval requiring the restaurant owner to install the soundproofing materials within a period of 90 days. The restaurant is located in a commercial center with various types of retail and service uses including a coin-operated laundromat, a market, liquor store and barbershop. The parking provided on-site is considered existing non-conforming with 71 spaces provided and 101 spaces required. However, the proposed modification to the hours of operation does not require additional parking stalls and the restaurant has been operating at these hours for several decades. With the conditions imposed, such as restricting the nighttime hours of operation to those outlined in the attached Letter of Request, and requiring soundproofing to minimize noise impacts on the adjacent neighbors, the modification to the restaurant’s morning hours would not be detrimental to the health and safety of the citizens of the City of Anaheim. Therefore, staff recommends approval of this request. Environmental Impact Analysis: Staff recommends the Planning Commission find 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 Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONCLUSION: Staff believes that the request to modify the morning hours of operation from 11:00 a.m. to 8:00 a.m. for the existing restaurant is compatible with the adjacent businesses and the surrounding area. The restaurant’s peak hours would remain the same and the recommended conditions of approval would address the concerns from the adjacent neighbors. Therefore, staff recommends approval of this request. Prepared by, Submitted by, Amy Stonich Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Applicant’s Letters of Request 3. Police Department Memorandum 4. Site Photographs 5. Site and Floor Plans 6. Previous Conditional Use Permit Resolutions (CUP 813 and 1263) 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 R S - 2 S I N G L E F A M I L Y R E S I D E N C E R S - 2 S I N G L E F A M I L Y R E S I D E N C E C - G C A R W A S H 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 R S - 2 S I N G L E F A M I L Y R E S I D E N C E R S - 2 S I N G L E F A M I L Y R E S I D E N C E C-GRETAIL C-GRETAIL C-GAUTO REPAIR/SERVICE 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 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 R S -2 S I N G L E F A M I L Y R E S I D E N C E N E A S T S T E S Y C A M O R E S T N R O S E S T E F L O W E R S T E G L E N W O O D A V E N E L M W O O D S T N G L E N W O O D P L E. LA PALMA AVE E. L I N C O L N AV E N . H A R B O R B L V D N . E A S T S T E . B R O A D W A Y S . E A S T S TW. BR O A D W A Y N . A C A C I A S T W .L I N C O L N A V E N . S T A T E C O L L E G E B L V D E.SOUTH ST N . A N A H E I M B L V D S . A N A H E I M B L V D E . B R O A D W A Y 530 North East Street DEV No. 2015-00040 Subject Property APN: 035-343-38 °0 50 100 Feet Aerial Photo:May 2014 N E A S T S T E S Y C A M O R E S T N R O S E S T E F L O W E R S T E G L E N W O O D A V E N E L M W O O D S T N G L E N W O O D P L E. LA PALMA AVE E. L I N C O L N AV E N . H A R B O R B L V D N . E A S T S T E . B R O A D W A Y S . E A S T S TW. BR O A D W A Y N . A C A C I A S T W .L I N C O L N A V E N . S T A T E C O L L E G E B L V D E.SOUTH ST N . A N A H E I M B L V D S . A N A H E I M B L V D E . B R O A D W A Y 530 North East Street DEV No. 2015-00040 Subject Property APN: 035-343-38 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 1263A AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00040) (530 NORTH EAST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 1263A to amend conditions of approval to modify the hours of operation for an existing restaurant (El Nopal Restaurant) within a portion of an existing commercial retail center (the "Proposed Project") for premises located at 530 North East Street (herein referred to as the "Premises") in the City of Anaheim, County of Orange, State of California. The existing commercial retail center is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to as the "Property"); and WHEREAS, the Property is approximately 1.16 acres in size and is currently developed with a commercial retail center. The Anaheim General Plan designates the Property for Residential Low Density (R-L) land uses. The Property is located within the "C- G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, on February 16, 1966 the then Planning Commission approved Conditional Use Permit No. 813, which permitted the sale of beer on the premises of the restaurant, limited the hours of operation from 11:00 a.m. to 11:00 p.m., and further restricted the service of alcoholic beverages (beer) to be incidental to food sales. Subsequently, in 1967, the then Planning Commission considered a request for interpretation as to whether their original approval of on-sale beer would include on-sale wine. The then Planning Commission approved Resolution No. PC67-285, concluding that on-sale wine would be “light” alcoholic beverages and could be permitted under the original conditional use permit and further extended the hours of operation until 12:00 a.m. on Friday and Saturday nights only; and WHEREAS, on September 30, 1971, the then Planning Commission approved Resolution No. PC71-185, in conjunction with Conditional Use Permit No. 1263, to permit the sale of beer, wine and distilled spirits for on-site consumption in an existing restaurant at the Premises; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 8, 2016 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. 1263A, and to investigate and make findings and recommendations in connection therewith; and - 2 - PC2016-*** 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 (Title 14 of the California Code of Regulations; 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, 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, 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. 1263A, does find and determine the following: 1. A conditional use permit is required under Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code for the sale of alcoholic beverages within the "C-G" General Commercial Zone. An amendment of conditions for a conditional use permit is required under Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the Code. 2. The proposed conditional use permit to amend the hours of operation within a restaurant, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which the restaurant is located because the use is currently located within a small tenant space of an existing commercial retail center surrounded by compatible buildings and uses and has been in operation with the proposed hours for approximately 30 years. 3. The size and shape of the site for the use is adequate to allow the full development of the restaurant in a manner not detrimental to the particular area or to the health and safety because the facility is located within a commercial retail center and that no change in use will occur. 4. The traffic generated by the restaurant with the modification to hours 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. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding commercial uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. - 3 - PC2016-*** WHEREAS, this 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. This 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, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 1263A, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 1263A is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the condition of approval pertaining to the hours of operation as stipulated in Original CUP 813, and as set forth in Resolution No. PC67- 285, is hereby deleted in its entirety. Except as expressly modified in this Resolution, the conditions of approval and entitlements of Original CUP Nos. 813 and 1263 shall remain in full force and effect. 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. - 4 - PC2016-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 8, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on February 8, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of February, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 1263A (DEV2015-00040) 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 Within 90 days of the date of this resolution, the applicant shall install sound attenuation materials in the restaurant space to effectively reduce/eliminate noise generated by the restaurant in a manner consistent with the City’s noise ordinance. Planning and Building Department, Planning Services Division 4 The rear door located on the north building wall shall remain closed at all times, except for emergency exiting purposes as required by the Fire Department and Building Division. Building Division, Fire Department, Code Enforcement Division 5 The hours of operation for the restaurant shall be limited from 8:00 a.m. until 11:00 p.m. Sunday through Thursday, and 8:00 a.m. until midnight Friday and Saturday. Planning and Building Department, Code Enforcement Division 6 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police Department 7 That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premises as defined in Section 23039 of the Business and Professions Code. Police Department 8 At all times when the premises is open for business, the 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 - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 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 premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. Police Department 10 There shall be no entertainment, amplified music or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 11 Security measures shall be provided to the satisfaction of the Anaheim Police Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 12 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) Police Department 13 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 14 Managers I Owners need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The number is 714-558-4101 . Police Department 15 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 16 The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the Police Department premises over which they have control, as depicted. Police Department 17 The number of persons 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 2S.114(a) Uniform Fire Code) Police Department 18 The door(s) shall be kept closed at all times during the operation of the premises except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. Police Department - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 19 The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. Police Department 20 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 21 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of Police Department persons about the premises. Police Department GENERAL CONDITIONS OF APPROVAL 22 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 23 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 24 The business premises shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division Letter of Public Convenience & Necessity File No: 47-536906 R&R Dining LLC DBA: Restaurante El Nopal The owners of R & R Dining LLC are presently doing business as “Restaurante El Nopal” located at 530 N. East Street in the City of Anaheim California, in a one story tenant space within an existing shopping center with shared parking spaces. The property abuts a residential neighborhood to the north and to the east and commercial uses to the south and west. “Restaurante El Nopal” currently has a Type 41 (eating place -beer and wine) and is requesting approval for License 47 (restaurant- beer, wine, distilled spirits) to allow the sale of beer, wine and distilled spirits as part of the eating establishment. “Restaurante El Nopal” is a full service restaurant serving authentic Mexican Seafood platters. Our business is a Family Restaurant that specializes in traditional recipes. Our specialty: Pescado Sarandeado, is a unique and delicious traditional grill fish dish served along Mexico’s Pacific Coast. Our recipe uses chile and garlic-based, seasoning paste, and a final glazing of mayonnaise before goes on the frill, cook over medium low heat, in addition with our homemade recipe that makes a wonderful and tasty flavored. Our meals are prepared to order, with daily fresh ingredients. Our mixture of condiments is one of our excellent results with a flavored taste that allows our restaurant to provide to our clientele with different platters with a taste from different parts of Mexico. Our business has been approved to operate from 11AM to 11PM Sunday through Thursday and 11AM to 12AM Friday and Saturday. We are requesting extended hours to operate Sunday through Thursday from 8:00AM to 11:00PM and Friday thru Saturday from 8:00AM to 12:00AM. “Restaurante El Nopal” specializes in big group events; we offer service to the neighboring residents, visitors of the area and employees of nearby businesses. The place will provide warm ambiance and live music to its clientele. We believe that the Public Convenience & Necessity will be served by the issuance of City of Anaheim approval of CUP and entertainment license. Thank you. _____________________________ R & R Dining LLC DBA: “Restaurante El Nopal” ATTACHMENT NO. 2 ATTACHMENT NO. 3 ATTACHMENT NO. 4 1 R E V I S I O N S B Y O F S H E E T S A - 1 D R A W N D A T E S C A L E S H E E T O . V . A S N O T E D P L A N : S I T E P L A N d e s i g n e r o s c a r . v e c e r @ y a h o o . c o m O s c a r V e g a S I T E P L A N 1 S C A L E : 1 / 1 6 " = 1 ' - 0 " P R O J E C T N A M E : J O B S I T E : P H O N E : 0 3 / 3 1 / 2 0 1 5 6 7 0 W B r o a d w a y # 2 0 1 A n a h e i m , c a . 9 2 8 0 5 7 1 4 . 4 9 9 . 1 2 4 7 E L N O P A L M E X I C A N R E S T A U R A N T 5 3 0 N E A S T S T R E E T A N A H E I M C A 9 2 8 0 5 7 1 4 - 8 1 5 - 9 2 2 8 A P P L I C A N T : A D D R E S S : P H O N E : B L A N C A T O R I Z 7 1 4 - 6 7 9 - 3 8 3 5 1 6 5 1 E E D I N G E R A V E . S U I T E 1 0 9 S A N T A A N A C A . 9 2 7 0 5 V I C I N I T Y M A P S C O P E O F W O R K : a . - E N T E R T A I N M E N T P E R M I T L E G A L D E S C R I P T I O N : A . P . N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 3 5 - 3 4 3 - 3 8 L O T A R E A : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 0 , 5 4 2 S . F . N o . O F S T O R Y ( S ) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 O C C U P A N C Y G R O U P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A - 2 S H E E T I N D E X A - 1 S I T E P L A N A - 2 E X I S T I N G F L O O R P L A N A - 3 P R O P O S E D F L O O R P L A N L A B O R . M A T E R I A L S , O R B O T H T O B R I N G T O T H E A T T E N T I O N O F T H E A R C H I T E C T C O N S T R U C T I O N . I T I S T H E S O L E R E S P O N S I B I L I T Y O F A N Y O N E S U P P L Y I N G R U L E S , R E G U L A T I O N S , A N D O R D I N A N C E S G O V E R N I N G T H E P L A C E O F P R O V I S I O N O F T H E A P P L I C A B L E B U I L D I N G C O D E S A S W E L L A S A N Y O T H E R A L L W O R K , C O N S T R U C T I O N , A N D M A T E R I A L S H A L L C O M P L Y W I T H A L L B E T W E E N T H E R E Q U I R E M E N T S O F T H E C O D E A N D T H E D R A W I N G S . G E N E R A L C O N T R A C T O R , A N D T H E O W N E R A N Y D I S C R E P A N C I E S O R C O N F L I C T N O T E : D A T A : Z O N I N G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G E N E R A L C O M M E R C I A L ( C - G ) C O N S T R U C T I O N T Y P E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - B - N O T E : N O C O N S T R U C T I O N T O B E D O N E F I R E S P R I N K L E R S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N O T O T A L B U I L D I N G F O O T P R I N T : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5 , 8 6 0 S . F . E L N O P A L R E S T A U R A N T B U I L D I N G A R E A : . . . . . . . . . . . . . . . . . . . . . . . . 2 , 4 3 2 S . F . N U M B E R O F E X I S T I N G P A R K I N G S P A C E S : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 E X I S T I N G O C C U P A N C Y L O A D ( E L N O P A L ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 5 E X I S T I N G O C C U P A N C Y L O A D ( E L N O P A L ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 5 EL NOPAL MEX I C A N R E S T A U R A N T 5 3 0 N E A S T S T . A N A H E I M C A 9 2 8 0 5 b . - R E Q U E S T O F 4 7 A L C O H O L L I C E N S E A T T A C H M E N T N O . 5 1 R E V I S I O N S B Y O F S H E E T S A - 3 D R A W N D A T E S C A L E S H E E T O . V . A S N O T E D P L A N : F L O O R P L A N d e s i g n e r o s c a r . v e c e r @ y a h o o . c o m O s c a r V e g a P R O P O S E D F L O O R P L A N 1 S C A L E : 1 / 4 " = 1 ' - 0 " P R O J E C T N A M E : J O B S I T E : P H O N E : 0 3 / 3 1 / 2 0 1 5 6 7 0 W B r o a d w a y # 2 0 1 A n a h e i m , c a . 9 2 8 0 5 7 1 4 . 4 9 9 . 1 2 4 7 E L N O P A L M E X I C A N R E S T A U R A N T 5 3 0 N E A S T S T R E E T A N A H E I M C A 9 2 8 0 5 7 1 4 - 8 1 5 - 9 2 2 8 ATTACHMENT NO. 6 ATTACHMENT NO. 6 200 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.