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PC 2016/02/22 City of Anaheim Planning Commission Agenda Monday, February 22, 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 • 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 18, 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 02/22/2016 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. 02/22/2016 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2015-05846 (DEV2015-00130) Location: 2114 East Lincoln Avenue Request: To permit the sales and on-site consumption of beer, wine, and distilled spirits at a restaurant which is located within a commercial shopping center (Applebee’s). 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: Ashley Hefner ahefner@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2015-05839 VARIANCE NO. 2015-05048 (DEV2015-00118) Location: 1200 South Phoenix Club Drive Request: To install a freestanding regional guide sign on a vacant parcel, with Zoning Code deviations related to the height, type, and width of freestanding signs (Phoenix Club). Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 11 (Accessory Structures) Categorical Exemption. Resolution No. ______ Project Planner: Ashley Hefner ahefner@anaheim.net 02/22/2016 Page 4 of 5 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2015-05820 (DEV2015-00077) Location: 2222 East Howell Avenue Request: To permit a wholesale automotive auction facility. 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: Nick Taylor njtaylor@anaheim.net Adjourn to Monday, March 7, 2016 at 5:00 p.m. 02/22/2016 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 p.m. February 17, 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 22, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05846 LOCATION: 2114 East Lincoln Avenue (Applebee’s) APPLICANT/PROPERTY OWNER: The applicant is Patrick Eulberg with Apple So Cal LLC, and the property owner is Newmark Merrill Companies, LLC. REQUEST: The applicant is requesting approval of a conditional use permit to allow sales and on-site consumption of beer, wine, and distilled spirits at a restaurant within a commercial retail center. 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. 2015-05846. BACKGROUND: This 26.86-acre property is developed with a commercial retail shopping center. The property is located in the "C-G" (General Commercial) zone and the General Plan designates the property for Regional Commercial land uses. The property is surrounded by a mix of office, medical, and commercial uses across Lincoln Avenue to the north, multi-family residential uses to the east and south, and commercial uses across State College Boulevard to the west. The previous use in the subject tenant space was a shoe store, which had been in operation since 2002. Site Plan CONDITIONAL USE PERMIT NO. 2015-05846 February 22, 2016 Page 2 of 4 PROPOSAL: The applicant proposes the sale and on-site consumption of beer, wine, and distilled spirits at a new restaurant with a bar. The tenant space is located in a 5,939 square foot tenant space within the Anaheim Town Square commercial center. The restaurant would include an approximately 3,200 square foot dining room and bar area with seating for approximately 210 guests. The remainder of the tenant space would consist of an office, kitchen, restrooms, and cooler/freezer serving the restaurant. No exterior changes to the tenant space are proposed. Upon approval of this permit and an application to the California Department of Alcoholic Beverage Control (ABC) for a Type 47 (On Sale General-Eating Place) license, the owner of the restaurant would be authorized to sell beer, wine, and distilled spirits for on-site consumption at a restaurant with a bar, in addition to food service. Hours of operation would be 11:00 a.m. to midnight Sunday through Thursday, and 11:00 a.m. to 1:00 a.m. Friday and Saturday. A full service menu would be available at all times and, according to the applicant, the alcohol would represent approximately 17 percent of the overall sales. All employees would be trained on the sale of alcoholic beverages as required by ABC. Although the new restaurant has a higher parking requirement as compared to the previous retail store there is adequate parking available to meet Code requirements. 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; Floor Plan CONDITIONAL USE PERMIT NO. 2015-05846 February 22, 2016 Page 3 of 4 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. While restaurants are permitted by right in this zone, a conditional use permit is required to permit on-sale beer, wine, and distilled spirits in order to ensure compatibility with surrounding land uses. A determination of public convenience or necessity is not required for restaurants serving alcoholic beverages. The number of alcohol licenses allowed in each of the City’s census tracts is regulated by ABC and is based upon population. The restaurant is located within Census Tract No. 863.04, which has a population of 4,847 residents. This population allows for five on-sale licenses and presently there are two licenses within the tract. The project site is located within Police Reporting District No. 1628, which has a crime rate that is 265 percent above the city average. The crime rate within ¼ mile of this property has a crime rate that is 329 percent above the citywide average with calls for service during the past year consisting of 36 simple assaults, 85 petty thefts, 23 acts of vandalism, 22 automotive burglaries, and 77 drug abuse violations. According to the Police Department, the crime rate in this area is high because it is located in a high traffic area at the intersection of Lincoln Avenue and State College Boulevard, the motel to the north across Lincoln Avenue generates a large number of calls, and the number and type of crimes, such as shoplifting and fraud, are typical for a commercial shopping center. These types of crimes are typically not exacerbated by alcohol sales in conjunction with restaurants. The high rate of drug abuse violations are largely tied to one individual who resided at the motel. The presence of the Applebee’s is not anticipated to have a negative impact on crime in the area; if anything, it is anticipated to have a positive impact due to the nature of the business. Staff believes that the proposed beer, wine, and distilled spirit sales at the new restaurant would be compatible with the surrounding area because this is a predominantly commercial area consisting of other restaurants, a bank, fitness center, offices, and retail stores. Staff does not anticipate that the addition of the alcoholic beverage sales at this location would contribute to an increase in crime 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; and limiting the display area of alcoholic beverages, among others. Staff conducted an inspection of the property and found it to be well maintained. There are no outstanding Code Enforcement violations associated with this tenant space. 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. CONDITIONAL USE PERMIT NO. 2015-05846 February 22, 2016 Page 4 of 4 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 sale and on-site consumption of beer, wine, and distilled spirits in a restaurant is a compatible use within the commercial retail center and the surrounding area. The recommended conditions of approval would ensure that the alcolholic beverages would not have an adverse impact on the surrounding land uses. 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 Resolution 2. Request Letter 3. Police Department Memorandum 4. Plans 5. Photographs RS-2SINGLE FAMILY RESIDENCE C-GANAHEIM TOWNSQUARE C-GSERVICE STATIONRS-2SFR C-GOFFICES RS-2SFR C-GRETAIL C-GRETAIL C-GMEDICAL OFFICE C-GRETAIL C-GAUTO REPAIR/SERVICEC-GFOURPLEXC-GOFFICE C-GRESTAURANT C-GRETAIL O-LMEDICAL OFFICE TSFR RS-2SINGLE FAMILY RESIDENCE C-GAUTO REPAIR/SERVICE RM-4BARKLEY APARTMENTS161 DU C-GSTATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT RM-4WESTPORT VILLAAPARTMENTS30 DU TWESTPORT GARDENSAPTS24 DU RM-4FOURPLEX TAPTS12 DU RM-4APARTMENTS6 DU C-GRETAIL C-GRESTAURANT C-GRETAIL RS-2SINGLE FAMILY RESIDENCE O-LDAY CARE O-LMEDICALOFFICEO-LRETAIL TDUPLEX RM-4APTS14 DU TAPTS16 DU TAPTS16 DUTSFR E LINCOLN AVE S S T A T E C O L L E G E B L V D E CENTER ST E WARD TER E VIRGINIA AVE S A S H S T S R E S E D A S T S P E R E G R I N E S T S R E V E R E S T S P R I S C I L L A W A Y E PARADISE RD E PURITAN LN S D U S T I N P L S T O W E R C T S L O N D O N C T S C I T A D E L L L N S N E W A V E E S A N T A A N A S T S P L Y M O U T H P L S C E N P L A W A Y S P E R E G R I N E S T S A S H S T 2114 East Lincoln Avenue DEV No. 2015-00130 Subject Property APN: 083-051-14 °0 50 100 Feet Aerial Photo:May 2014 E. LINCOLN AVE E. LA PALMA AVE E. SOUTH ST S . E A S T S T N . E A S T S T S .S U N K I S T S T S . R I O V I S T A S T E. B R O A D W A Y N . S U N K I S T S T N . R I O V I S T A S T E LINCOLN AVE S S T A T E C O L L E G E B L V DE B R O A D W A Y E CENTER ST E WARD TER E VIRGINIA AVE E WESTPORT DR S A S H S T S R E S E D A S T S P E R E G R I N E S T S R E V E R E S T S P R I S C I L L A W A Y E PARADISE RD E PURITAN LN S D U S T I N P L S T O W E R C T S L O N D O N C T S C I T A D E L L L N S N E W A V E E S A N T A A N A S T S P L Y M O U T H P L S O L A N A W A Y S C E N P L A W A Y S P E R E G R I N E S T S A S H S T S C I T A D E L L L N 2114 East Lincoln Avenue DEV No. 2015-00130 Subject Property APN: 083-051-14 °0 50 100 Feet Aerial Photo:May 2014 E. LINCOLN AVE E. LA PALMA AVE E. SOUTH ST S . E A S T S T N . E A S T S T S .S U N K I S T S T S . R I O V I S T A S T E. B R O A D W A Y N . S U N K I S T S T N . R I O V I S T A S T [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. 2015-05846 TO PERMIT A TYPE 47 (ON SALE GENERAL-EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00130) (2114 EAST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05846 to permit the sales and consumption of beer, wine, and distilled spirits at a proposed new restaurant within a portion of an existing commercial center (the "Proposed Project") located at 2114 East Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 26.86 acres in size and is currently developed with a commercial retail center. The Anaheim General Plan designates the Property for Regional Commercial land uses. The Property is located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) of the Anaheim Municipal Code (the “Code”); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 22, 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. 2015-05846 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the 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 WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2015-05846, does find and determine the following: - 2 - PC2016-*** 1. The proposed request to permit the restaurant with the sale and consumption of beer, wine, and distilled spirits in an existing commercial retail center is an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C-G" General Commercial Zone. 2. The proposed request to permit the restaurant with the sale and consumption of beer, wine, and distilled spirits in an existing commercial retail center would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is currently developed with a commercial retail center and the proposed use of a portion of the Property as a restaurant is compatible with the existing uses within the commercial center and uses in the surrounding area. 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail center, no expansion to the building is proposed, and on-site parking is adequate to accommodate the new restaurant. 4. The traffic generated by permitting the restaurant with the sale and consumption of beer, wine, and distilled spirits in an existing commercial retail center would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the Property are consistent with the existing commercial use of the Property and the permitted businesses within the commercial center. 5. The granting of Conditional Use Permit No. 2015-05846 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 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. 2015-05846, 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. 2015- 05846 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. - 3 - 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 22, 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. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - 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 22, 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 22nd day of February, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05846 (DEV2015-00130) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT RESTAURANT CONDITIONS OF APPROVAL 1. There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 2. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police Department 3. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police Department 4. At all times when the premise is open for business, the premise 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 5. 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 6. There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 7. Security measures shall be provided to the satisfaction of the Anaheim Polices Department and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 8. 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 - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9. Managers/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 10. 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 11. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. Police Department 12. The number of persons occupying the premises shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code). Police Department 13. The door(s) shall be kept closed at all times during the operation of the business premises except in cases of emergency. Said door(s) shall not consist of a screen or ventilated security door. Police Department 14. The petitioner(s) shall post and maintain a professional quality sign facing the business premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two-inch block lettering. The sign shall be in English and Spanish. Police Department 15. The sale of alcoholic beverages for consumption off the business premises shall be prohibited. Police Department 16. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the business premises. Police Department GENERAL CONDITIONS OF APPROVAL 17. 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 Planning Department, Planning Services Division - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 18. 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 19. The subject Property shall be developed, used and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division ATTACHMENT NO. 2 ATTACHMENT NO. 3 ATTACHMENT NO. 4 1/25/2016 1 Front Entrance Tenant  Space ATTACHMENT NO. 5 1/25/2016 2 Adjacent Tenant  Spaces  Parking Lot 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 22, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05839 AND VARIANCE NO. 2015-05048 LOCATION: 1200 South Phoenix Club Drive APPLICANT/PROPERTY OWNER: The applicant is Wolfgang Arnold with the Phoenix Club, and the property owner is the Orange County Water District (OCWD). REQUEST: The applicant is requesting approval of a conditional use permit to permit the installation of a free-standing regional guide sign. The request also includes a variance related to the height and width of the proposed sign. 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 11, Accessory Structures) and approving Conditional Use Permit No. 2015-05839 and Variance No. 2015-05048. BACKGROUND: This 6.48-acre property is undeveloped and was previously used as a water retention basin. The property is located in the "T" Transition zone and the General Plan designates the property for Open Space land uses. Surrounding land uses include auto dealerships to the west, a golf course and vacant land across Ball Road to the north, the Santa Ana River to the east, and vacant land to the south. The Phoenix Club, which the sign is intended to identify, is located southwest of the OCWD property, on Sanderson Avenue. CONDITIONAL USE PERMIT NO. 2015-05839 AND VARIANCE NO. 2015-05048 February 22, 2016 Page 2 of 5 In 1991, the Planning Commission approved Conditional Use Permit No. 3353 to permit a private club to include a restaurant with on-sale alcoholic beverages, a dance and assembly hall, a picnic area, recreational areas, a private school, and soccer field with waivers of minimum number of parking spaces and maximum fence height. The Phoenix Club is a membership-based, private organization founded in 1960 to preserve German culture, customs and language. The club has been in operation at its current location since 1992. The club currently has over 1,100 members, and holds events and group activities based on German, Austrian, and Swiss culture throughout the year. The club also includes a restaurant and banquet facility. PROPOSAL: The applicant proposes to install an off-site, free-standing regional guide sign for the Phoenix Club. The proposed sign would be 10 feet tall and 12 feet wide. The sign would consist of a black steel frame with a 60 square foot double-sided plastic insert, supported by concrete footings. The sign would not be illuminated. The proposed sign would be set back 6 feet from the Ball Road frontage, adjacent to the southeast corner of the Phoenix Club Drive and Ball Road intersection. There is an existing five foot tall chain link fence along the property line, and the bottom of the sign face would be visible just above the fence. The proposed sign includes eyebolts for changeable event banners below the permanent sign face. This proposal does not include approval of any such banners because the banners must be permitted separately through the Special Event Permit process. CONDITIONAL USE PERMIT NO. 2015-05839 AND VARIANCE NO. 2015-05048 February 22, 2016 Page 3 of 5 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. Regional guide signs are permitted in this zone subject to approval of a conditional use permit to determine whether the sign is compatible with surrounding land uses. The Zoning Code allows businesses of regional significance that are the sole occupant of a site that is at least 8 acres in size to have a regional guide sign with a conditional use permit. The Phoenix Club site consists of two parcels, totaling 8.08 acres. The Phoenix Club owns the main 6.6-acre property at 1340 South Sanderson Avenue, and leases an adjacent 1.45-acre parcel to the south from the Rancho Del Rio Stables. The adjacent parcel is partially paved and used as parking, and the remainder consists of open space and a soccer field. Regional guide signs are to be designed in a manner that guides traffic flow while assisting those seeking out recognized areas of regional significance and patronage. The proposed sign is intended to replace an unpermitted regional guide sign that was in the same location for over a decade. During that time, the Phoenix Club leased land from the OCWD to accommodate the former sign, but the sign was damaged by a vehicle several years ago and was never replaced. The Phoenix Club attracts large groups of out of town visitors who arrive to the site via State Route 57 to the west and Ball Road to the north; however, the facility is not visible from these main thoroughfares. The proposed regional guide sign would be the only directional indicator for motorists to turn south on Phoenix Club Drive to access the club. Variance: Before the Planning Commission may approve a variance for the height and width of a regional guide sign more than permitted by Code, it must make a finding of fact that the evidence presented shows that the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and CONDITIONAL USE PERMIT NO. 2015-05839 AND VARIANCE NO. 2015-05048 February 22, 2016 Page 4 of 5 2) That, because of the special circumstances, shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The following table reflects the Code requirement and requested waivers for sign height and width: Code Requirement Requested Waiver Sign Height 8 feet maximum 10 feet Sign Width 8 feet maximum 12 feet Staff believes that the proposed height and width are appropriate for the property because: • There has been a similar sign located on the property for about 10 years through a land lease with the OCWD, which was closer to the property line and of approximately the same height and width. Even though the previous sign did not have a permit, no code complaints were received and the sign was not out of scale and character with the surrounding area. • There is an existing five-foot tall chain link fence along the property frontage that limits visibility below five feet. As such, the bottom of the sign face is located at the top of the chain link fence, with a five foot tall sign face and five feet of open metal frame behind the fence. • The proposed size and location of the sign would allow for improved visibility for motorists traveling in both the eastbound and westbound directions on Ball Road, thereby improving wayfinding to the Phoenix Club property two blocks to the south, which is not visible from Ball Road. In addition, visibility of the regional guide sign is limited for visitors traveling eastbound on Ball Road because the road curves sharply to the right, slopes downhill, and the existing car dealer signs on the south side of Ball Road creates a visual obstruction as visitors approach the intersection. • The sign plan proposes copy text that is larger, cleaner, and easier to read from a distance than the previous sign, thereby creating more visible and effective wayfinding directions to the site. With the variances described above, the property owner would be allowed to identify this regionally-significant business in a manner that is compatible with the surrounding businesses in the vicinity. Therefore, 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, and therefore recommends approval of the requested variance. CONDITIONAL USE PERMIT NO. 2015-05839 AND VARIANCE NO. 2015-05048 February 22, 2016 Page 5 of 5 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 11 – Accessory Structures) which consist of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on-premises signs, and that, therefore, pursuant to Section 15311 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 freestanding regional guide sign for the Phoenix Club would identify this regionally-significant business in a manner that is compatible with the surrounding businesses in the vicinity. The proposed size and location of the sign would allow for improved visibility for motorists traveling in both the eastbound and westbound directions on Ball Road, thereby improving wayfinding to the Phoenix Club property two blocks to the south. Therefore, 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 Resolution 2. Request Letter 3. Plans 4. Photographs C-GRELIGIOUS USE C-GRANCHO DEL RIO(HORSES) C-GMITSUBISHIAUTO DEALER C-GLINCOLN MERCURYAUTO DEALER TWATER C-GHARDIN HONDA TWATER TWATER C-GPHOENIX CLUB C-GHARDIN BUICKPONTIAC GMC TWATER 5 7 F R E E W A Y E BALL RD S P H O E N I X C L U B D R S AUTO CENTER DR S SANDERSON AVE E. BALL RDS. S U N K I S T S T S . S T A T E C O L L E G E B L V D E.CERRI TO S AV E E .K ATELLA AVE 1200 South Phoenix Club Dr DEV No. 2015-00118 Subject Property APN: 253-473-01 °0 50 100 Feet Aerial Photo:May 2014 5 7 F R E E W A Y E BALL RD S P H O E N I X C L U B D R S AUTO CENTER DR S SANDERSON AVE E. BALL RDS. S U N K I S T S T S . S T A T E C O L L E G E B L V D E.CERRI TO S AV E E .K ATELLA AVE 1200 South Phoenix Club Dr DEV No. 2015-00118 Subject Property APN: 253-473-01 °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. 2015-05839 AND VARIANCE NO. 2015-05048 TO PERMIT A REGIONAL GUIDE SIGN AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00118) (1200 SOUTH PHOENIX CLUB DRIVE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05839 and Variance No. 2015-05048 to permit a freestanding regional guide sign, with a height and width more than permitted by the Anaheim Municipal Code (the "Code") for the Phoenix Club (the "Proposed Project"), to be located on a portion of property owned by the Orange County Water District (OCWD) at 1200 South Phoenix Club Drive 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 OCWD Property is approximately 6.48 acres in size and is currently undeveloped. The Anaheim General Plan designates the Property for Open Space land uses. The Property is located within the "T" Transition Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.14 (Public and Special-Purpose Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 22, 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. 2015-05839 and Variance No. 2015-05048 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 11 – Accessory Structures) which consists of the construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on-premise signs, and that, therefore, pursuant to Section 15311 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2015-05839, does find and determine the following: - 2 - PC2016-*** 1. The proposed request to permit a "regional guide sign", as defined in Subsection .430 of Section 18.44.030 (Definitions) of Chapter 18.44 (Signs) of the Code, in the "T" Transition Zone is properly one for which a conditional use permit is authorized under Section 18.44.050.010.0102 of the Code. 2. The proposed request to permit a regional guide sign for an existing regional facility would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is vacant, there is no illumination proposed for the sign, and the surrounding properties are vacant and commercial. 3. The size and shape of the site is adequate to allow the full development of the proposed regional guide sign in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is vacant. 4. The traffic generated by permitting the regional guide sign would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the Phoenix Club site would not change and the proposed regional guide sign will not increase traffic in the vicinity. 5. The granting of Conditional Use Permit No. 2015-05839 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. The facility has operated in this location since 1992 and has proven to be a compatible use in the area. The replacement of a previous sign and the addition of a regional guide sign in the same location would be consistent and compatible with surrounding uses. WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2015-05048 to allow a freestanding regional guide sign with a height and width more than permitted by Code should be approved for the following reasons: SECTION NO. 18.44.090.020.0201 Maximum height and width of a freestanding sign. (8 feet high by 8 feet wide permitted; 10 feet high by 12 feet wide proposed) 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 because: a. There has been a similar sign located on the property for about 10 years through a land lease with the OCWD, which was closer to the property line and of approximately the same height and width. Even though the previous sign did not have a permit, no code complaints were received. b. There is an existing five-foot tall chain link fence along the property frontage that limits visibility below five feet. As such, the bottom of the sign face is located at the top of the chain link fence, with a five foot tall sign face and five feet of open metal frame behind the fence. - 3 - PC2016-*** c. The proposed size and location of the sign would allow for improved visibility for motorists traveling in both the eastbound and westbound directions on Ball Road, thereby improving wayfinding to the Phoenix Club property two blocks to the south, which is not visible from Ball Road. In addition, visibility of the regional guide sign is limited for visitors traveling eastbound on Ball Road because the road curves sharply to the right, slopes downhill, and the existing car dealer signs on the south side of Ball Road create a visual obstruction as visitors approach the intersection. d. The sign plan proposes copy text that is larger, cleaner, and easier to read from a distance than the previous sign, thereby creating more visible and effective wayfinding directions to the site. 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 because visibility of the proposed regional guide sign is limited for travelers in the eastbound traffic lanes on Ball Road due to a sharp curve, downhill slope, and car dealer sign obstructions on the south side of Ball Road as visitors approach the intersection. With a variance, the property owner would be allowed to identify this regionally-significant business in a manner that is compatible with the surrounding businesses in the vicinity. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05839 and Variance No. 2015-05048, 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. 2015-05839 and Variance No. 2015-05048 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 any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. - 4 - PC2016-*** 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 22, 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. CHAIR, 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 22, 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 22nd day of February, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05839 AND VARIANCE NO. 2015-05048 (DEV2015-00118) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT SIGN CONDITIONS OF APPROVAL 1. Any banners affixed to the freestanding sign shall be permitted through the Special Event Permit process. Planning and Building Department, Planning Services Division GENERAL CONDITIONS OF APPROVAL 2. 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 3. 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 4. The subject Property shall be developed, used and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division ATTACHMENT NO. 2 .177” THICK LEXAN FACE WITH FULL COLOR DIGITAL PRINTED DECAL AND CLEAR GLOSS UV LAMINATION The Phoenix Club 13676 TJ James 7.9.15 Signs and Frame.ai 2015/The Phoenix Club 10.22.15 JB12.14.15 JB12.22.15 JB12.23.15 JB12.30.15 JB1.4.16 JB1.12.16 JB1.14.16 JB REVISIONS ARTWORK DISCLAIMER CLIENT APPROVAL PROJECT MANAGER APPROVAL FILE INFORMATION 153.5” 12 0 i n . 60 ” F TOP VIEW 145.5 IN. X 49.5 IN. X 2 IN. THICK BLACK POWDER COATED STEEL SLIDE IN FOR LEXAN INSERT 4 IN. X 4 IN. BLACK POWDER COATED STEEL POSTA B C D E ALUMINUM SUPPORT ANGLE DOUBLE SIDED SIGN DOUBLE SIDED EYEBOLTS F G GROUND 3 FT. X 3 FT. CONCRETE FOOTING 1 of 2 40 ” 144” 60 ” F G EXISTING CHAIN LINK FENCE D E A B C ATTACHMENT NO. 3 The Phoenix Club 13676 TJ James 7.9.15 Signs and Frame.ai 2015/The Phoenix Club 10.22.15 JB12.14.15 JB12.22.15 JB12.23.15 JB12.30.15 JB1.4.16 JB1.12.16 JB1.14.16 JB REVISIONS ARTWORK DISCLAIMER CLIENT APPROVAL PROJECT MANAGER APPROVAL FILE INFORMATION Proposed sign location Proposed sign location • 1st post 6’ from fence • Perpendicular to Ball Rd No illumination is proposed South East Corner of Ball Rd. and Phoenix Club Dr. 1 of 2 2 of 2 6 f t . Ball R d Ball R d 1/25/2016 1 Proposed Sign Location Existing Sign at Phoenix Club property 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. [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. 2015-05820 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00077) (2222 EAST HOWELL AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05820 to permit a wholesale automobile auction facility within a portion of an industrial property (the "Proposed Project") for premises located at 2222 East Howell 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; and WHEREAS, the Property is approximately 8.63 acres in size and is currently developed with a recreational vehicle storage facility and automotive repair facilities. The Anaheim General Plan designates the Property for Office-High land uses. The underlying zone of the Property is the "I" Industrial Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the "Code"); however, the Property is also located within the Platinum Triange Mixed Use (PTMU) Overlay Zone, meaning that the Property is subject to the zoning and development standards contained in Section 18.20 (Platinum Triange Mixed Use (PTMU) Overlay Zone) of the Code, which shall supersede the regulations of the "I" Industrial Zone, unless an exception applies; and WHEREAS, while an automobile auction facility is not a permitted use within the Platinum Triange Mixed Use (PTMU) Overlay Zone, the zoning and development standards contained in Section 18.20 (Platinum Triange Mixed Use (PTMU) Overlay Zone) of the Code are not applicable to the Proposed Project because the portion of the Property proposed for use by the Proposed Project is proposed to be developed entirely under the "I" Industrial Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 22, 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. 2015-05820 , 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 - 2 - PC2016-*** 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. 2015- 05820, does find and determine the following: 1. The proposed wholesale automobile auction facility is an allowable primary use within the "I" Industrial Zone, subject to a conditional use permit, as authorized under Section 18.10.030.0402 of the Code. 2. The proposed conditional use permit to permit a wholesale automobile auction facility, 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 because the auction facility would be located within an existing industrial property that was previously used for vehicle storage and is surrounded by compatible buildings and uses. 3. The size and shape of the site for the use is adequate to allow the full development of the automobile auction facility in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing industrial property that provides a sufficient number of onsite parking spaces and vehicle circulation as justified in the applicant’s letter dated January 20, 2016. 4. The traffic generated by the automobile auction facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking and circulation will be provided to accommodate the use. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding industrial and office uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. 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. - 3 - PC2016-*** NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05820, 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. 2015-05820 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 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 22, 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. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - 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 22, 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 22nd day of February, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05820 (DEV2015-00077) 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 Ongoing during project operation, all vehicle loading and unloading operations shall occur on site. Transport vehicles shall be able to circulate on site. Transport vehicles shall not back into or out of the project site to or from public streets. Public Works Department, Traffic Division 4 Within 30 days of the date of this resolution, all unpermitted, non- conforming signs along the Howell Avenue frontage shall be removed. The owner shall notify the Code Enforcement Division at (714) 765-5158 upon satisfaction of this condition. Planning and Building Department, Code Enforcement Division 5 Within 30 days of the date of this resolution, all barbed wire fencing visible from Howell Avenue frontage shall be removed. The owner shall notify the Code Enforcement Division at (714) 765-5158 upon satisfaction of this condition. Planning and Building Department, Code Enforcement Division GENERAL CONDITIONS OF APPROVAL 6 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 Planning and Building Department, Planning Services Division - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 7 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 8 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 Planning Department: ABS has been in business for 22 years. We facilitate a number of small wholesale auto sale operations. We are licensed by the CA. DMV as a Wholesale Auto Dealer, no retail. The method used to sell our cars is through a silent bid auction platform. Our auctions are very low-key, quiet and unobtrusive. This is an ideal environment for our buying dealers to view and inspect cars they are interested in buying. We do not utilize any sound systems or loud speakers. There is no auctioneer. Over the past several years internet sales have dominated our bidding activity. ABS inspects every car and post pictures and a condition of every vehicle online for our buyer’s convenience. The need for most dealers to physically attend the sale in person has diminished greatly. Our operation runs on Monday through Friday every week, observing all the major holidays. We are closed on the weekends. We may have a few cars picked up occasionally on a Saturday, but that is the exception rather than the rule. ABS will facilitate approximately 300 cars per week. The inventory will be transported to this location on Mondays. The sale days are Tuesday and Wednesday. Thursday and Fridays we reload inventory for the next sale. The primary method of transporting vehicles to our sale is ABS drivers. Our crew picks-up the cars from New Car Dealer Franchises and drive them to the sale. We occasionally utilize transport companies for outlying dealers. These are smaller 3-4 car carriers not the big 8-9 car carriers. Authorized participating dealers arrive between 9am and 5pm Tuesday and/or 8am to 3:30pm Wednesday to view the inventory. The atmosphere during business hours is serene, employees and dealers quietly go about their business throughout the two day sale. Very few buyers are on the lot at the same time. They come and go throughout the day. They are busy looking at the inventory while our handful of employees conduct vehicle inspections and assist customers whenever necessary. Dealers check in with our Branch mgr., are given a bid packet of the New Car Dealer participating and cars being offered. They walk the lot and look at the cars. All bids are in by 3:30pm Wednesday. If the offer is accepted by the seller, the dealer returns to the facility on Thursday, Friday or Monday to pick up the cars they have won. The cars are picked up by the winner’s, usually two or three cars at a time, using their own transportation. Creating the space necessary to begin the next sale. ABS currently operates nine locations: Inland Empire, Bellflower, Van Nuys, Santa Ana, San Diego, Silicon Valley, Las Vegs NV, Phoenix AZ. and Medford OR. We maintain good relationships with the cities and surrounding businesses, and are proud that our facilities are kept neat and organized at all times.We will have 8 -10 employees working in Anaheim each day. Respectfully Yours, Tom Harmon ATTACHMENT NO. 2 January 20, 2016 Mr. Jonathan Borrego Planning Department, City Hall 200 South Anaheim Blvd. Anaheim, CA 92803 RE: Parking Justification – 2222 Howell Avenue – ABS Auto Auction Dear Mr. Borrego: As you know this firm represents the owners, leasee and applicant of the property at 2222 Howell Avenue who are processing a new Conditional Use Permit for ABS Auto Auctions. Unlike other auto auctions in the City of Anaheim, ABS does NOT have a live auction at the site of the vehicles. Their online sales of automobiles are only to Registered Automobile Brokers who are located throughout the Country. No sales are done for the general public. The ABS Auto Auction business plan, like the other ABS auto auction sites, will have a vehicle inventory that can be viewed online and/or in person at the 2222 Howell site. All of the auction bidding is online. The vehicles for sale, can be inspected in person, by registered brokers, during normal business hours. As noted on the site plan, the site can easily hold 522 cars that are for sale. There is also parking for 16 employees, 22 visiting brokers and an additional 2 Handicapped spaces. Space is also provided for parking 4 large car carriers, near the business office located at the front gate. All of the parking spaces are located behind a secured fence that surrounds the entire property. ABS has an existing facility located in the City of Fountain Valley although the mailing address is Santa Ana. This leased space is about 2/3’s the size of the Howell site. The same firm that is leasing the Santa Ana site to ABS Auto Auction is going to be leasing the Howell site to them. The Santa Ana/Fountain Valley site will be relocating their existing business to Anaheim. Obviously the ABS Auto Auction firm and the leasee are familiar with the others business operation. We compared the Santa Ana/Fountain Valley site for both onsite parking of inventory and for visiting automobile brokers. The parking analysis, provided by ABS Auto Auction and verified by the leaseholder is as follows: Mondays – Inventory - 100 in and 100 out. Customers 25 (Total for the day) Tuesdays - Inventory 100 in and 0 out. Customers 25 Wednesdays – Inventory – 0 in and 0 out. Customers 25 Thursdays – Inventory – 0 in and 0 out. Customers 0 Fridays – Inventory 0 in and 100 out. Customers 25 Based on the experience of ABS at their other locations, including the site in Santa Ana/Fountain Valley site, we have more than sufficient onsite parking to handle all sales inventory, maximum employees, maximum visiting brokers and at least 4 semi-trailer transporters. ATTACHMENT NO. 3 We recognize that live auction facilities often have peak hour parking issues that could potentially cause overflow parking onto neighboring properties. Such is not the case with ABS since they are utilizing state- of-the-art techniques to sell vehicles. There is no peak hour or on site auction. By providing large periods of time for both online and personal vehicle inspections, at no time will there be a possibility that insufficient, onsite parking will be available for sales inventory, visiting brokers or the large transporter trailers. The existing RV storage facility which will be replaced by the ABS Auto Auction, is a low traffic generator. Most other land uses that are permitted in this zoning would be higher traffic generators than either the RV storage or the online auto auction businesses. There is no need nor desire for ABS Auto Auction to do any joint use parking or have overflow parking arrangements with any of the adjacent land uses, many of whom are leasing from the same property owners. We look forward to your approval of this new land use. Respectfully, The PRS Group Phillip R. Schwartze President & & 0 w w w . d d c a l i f o r n i a . c o m 2 0 0 S . A n a h e i m B l v d , S u i t e 1 6 2 A n a h e i m , C A 9 2 8 0 5 C I T Y O F A N A H E I M & & A T T A C H M E N T N O . 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.