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PC 2016/03/07 City of Anaheim Planning Commission Agenda Monday, March 7, 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, March 3, 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 03/07/2016 Page 2 of 6 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 03/07/2016 Page 3 of 6 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. Continued from the February 22, 2016 Planning Commission meeting due to an absence of a quorum. 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. Continued from the February 22, 2016 Planning Commission meeting due to an absence of a quorum. Resolution No. ______ Project Planner: Ashley Hefner ahefner@anaheim.net 03/07/2016 Page 4 of 6 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. Continued from the February 22, 2016 Planning Commission meeting due to an absence of a quorum. Resolution No. ______ Project Planner: Nick Taylor njtaylor@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2009-05460A PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061A (DEV2009-00037A) Location: 1621 South Sinclair Street Request: Request to amend a previously approved conditional use permit and determination of public convenience or necessity to expand an existing brewery and tasting room into the adjacent tenant space (Noble Ale). 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 03/07/2016 Page 5 of 6 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2015-05842 VARIANCE NO. 2016-05059 (DEV2015-00123) Location: 321 - 327 North Anaheim Boulevard Request: To expand an existing auto body, repair, and sales facility, and a variance for (i) front and interior setbacks less than required by the Zoning Code; (ii) less parking spaces than required by the Zoning Code; and (iii) a waiver of street dedication and improvement requirements. 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. 7 ZONING CODE AMENDMENT NO. 2016-00132 (DEV2016-00011) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying Chapter 18.08 (Commercial Zones) and 18.38 (Supplemental Use Regulations) related to the sale of fireworks. Environmental Determination: The Planning Commission will consider whether to find the Zoning Code Amendment to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Sections 15060(c)(2) and 15060(c)(3) of the Public Resources Code. Motion Project Planner: Gustavo Gonzalez ggonzalez@anaheim.net Adjourn to Monday, March 21, 2016 at 5:00 p.m. 03/07/2016 Page 6 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 p.m. March 2, 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: MARCH 7, 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 item was agendized for the February 22, 2016 Planning Commission meeting; however, it was continued to the March 7, 2016 hearing due to a lack of quorum. 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 March 7, 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. Floor Plan CONDITIONAL USE PERMIT NO. 2015-05846 March 7, 2016 Page 3 of 4 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. 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. CONDITIONAL USE PERMIT NO. 2015-05846 March 7, 2016 Page 4 of 4 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. 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 alcoholic 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, notice of a public hearing to be held by the Planning Commission at the Civic Center in the City of Anaheim on February 22, 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. 2015-05486, and to investigate and make findings and recommendations in connection therewith. The public hearing was continued by the Planning Commission to March 7, 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 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 March 7, 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 March 7, 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 7th day of March, 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: MARCH 7, 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 item was agendized for the February 22, 2016 Planning Commission meeting; however, it was continued to the March 7, 2016 hearing due to a lack of quorum. 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 March 7, 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 March 7, 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 March 7, 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 create 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 March 7, 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, notice of a public hearing to be held by the Planning Commission at the Civic Center in the City of Anaheim on February 22, 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. 2015-05839 and Variance No. 2015-05048, and to investigate and make findings and recommendations in connection therewith. The public hearing was continued by the Planning Commission to March 7, 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 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 March 7, 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 March 7, 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 7th day of March, 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. 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: MARCH 7, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05820 LOCATION: 2222 East Howell Avenue (ABS Auto Auction) APPLICANT/PROPERTY OWNER: The applicant is Tom Harmon with ABS Auto Auction. The agent representing the applicant is Phil Schwartze of the PRS Group, and the property owner is Bishop of Protestant Episcopal Church. REQUEST: The applicant is requesting approval of a conditional use permit to allow a wholesale auto auction facility on a site that is currently used for recreational vehicle storage. 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. 2015-05820. BACKGROUND: This item was agendized for the February 22, 2016 Planning Commission meeting; however, it was continued to the March 7, 2016 hearing due to a lack of quorum. This 8.63-acre property is developed as a recreational vehicle storage facility with a small office, as well as automotive repair and rental facilities. The project site consists of the Caliber Collision automotive body repair with ancillary vehicle rental on approximately 4.46-acres, and the existing recreational vehicle storage is located on 4.17-acres adjacent to the auto body site. The property is located in the "I" Industrial zone and the Platinum Triangle Mixed Use Overlay, and the General Plan designates this property for Office-High land uses. The property across Howell Avenue to the north is an office park with tenants such as a general contractor, construction supply distributor, and property management office. The properties across Katella Avenue to the southeast, and across the railroad right-of-way to the south, are office buildings with professional and administrative offices. The property to the west is an office park with tenants such as a stone fabricator, auto-repair, electrical contractor, and wholesale food storage. The recreational vehicle storage facility received approval of Conditional Use Permit No. 1623 in 1976. The permit was later amended in 1993, approving a time extension and permitting an on-site caretaker's unit with on-premises sales and installation of recreational vehicle parts and accessories. In 2004, another time extension was granted. The storage facility and adjacent automotive repair and rental uses received approval of a conditional use permit in 2001 for a period of 10 years; this permit was later amended in 2010 to delete the time limitation from the conditions of approval. CONDITIONAL USE PERMIT NO. 2015-05820 March 7, 2016 Page 2 of 4 AERIAL MAP PROPOSAL: The applicant proposes to convert the existing recreational vehicle storage area to a wholesale automobile auction facility. The auction facility would be located on a 4.17-acre portion of the 8.63-acre property. The balance of the site is not a part of this request and the existing automotive repair facilities would remain in their current configuration. The auction facility would be licensed by the California Department of Motor Vehicles (DMV) as a wholesaler and is proposed to be open Monday through Friday, 8:00 a.m. to 5:00 p.m., with 8-10 employees on-site at any given time. Inventory would be transported to the site on Mondays, and “sale days” would be Tuesdays and Wednesdays, where auto dealers would inspect the inventory and submit bids; however, many dealers are expected to view inventory and submit bids online. Dealers return on Thursdays, Fridays, or Mondays to pick up the cars. Auctions would be held in a silent bid format, with no live auction or use of amplified sound. The auction facility would feature ingress/egress from Howell Avenue and would use the existing mechanical gate, which is set back approximately 70 feet from the street. The property is enclosed by fence and wall and includes an existing 600 square foot, one-story office located behind the front gate/fence. Also inside the gate/fence is a large open area that can accommodate four 10’ x 50’ vehicle transport trucks. This area would be used for loading and unloading of vehicle inventory. The front of the property also has 22 customer/dealer parking spaces, 16 employee parking spaces, and 2 accessible (ADA) spaces. The balance of the site would be used for inventory parking for up to 522 vehicles, as well as 24-foot wide drive-aisles. CONDITIONAL USE PERMIT NO. 2015-05820 March 7, 2016 Page 3 of 4 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. Automotive sales, lease, & rental, including automobile auction facilities and onsite storage of vehicles for sale, are permitted in the Industrial zone, subject to the approval of a conditional use permit to ensure compatibility with the surrounding area. CONDITIONAL USE PERMIT NO. 2015-05820 March 7, 2016 Page 4 of 4 Staff has determined that the wholesale automobile auction facility would be compatible with the surrounding area because it is a predominantly industrial area consisting of other automotive related uses. Office uses are also in the vicinity. Further, the applicant has provided a parking justification letter, which identifies that there would not be a “live” auction on the premises, and that approximately 25 brokers would arrive sporadically throughout the day, rather than at a designated auction time that would otherwise create a peak parking demand. Therefore, the 40 on-site parking spaces would be sufficient for the parking demand of the auto auction employees and brokers/customers. Further, there would be adequate on-site space to accommodate four large car carrier trucks for loading and unloading of inventory. Staff believes that the addition of the wholesale automobile auction at this location would be compatible with surrounding land uses and would not create any adverse effects on adjacent businesses. Conditions of approval to help ensure that the business is operated in a responsible manner have been attached to the draft resolution. These conditions include a requirement that all truck circulation, loading, and unloading shall occur on-site, and shall not impede any public streets. The existing unpermitted signs on the Howell Avenue frontage, and the barbed-wire on top of the block wall and entry gates which is visible from the public right-of-way, do not meet Code requirements. A condition of approval requires the applicant to remove the unpermitted signs and barbed wire fencing. Based on these factors, staff has determined that the proposed use would be compatible with the surrounding area and recommends approval of the conditional use permit. 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 wholesale automobile auction is a compatible use with the on- site auto repair facilities and the surrounding industrial and office areas. The recommended conditions of approval will ensure that the wholesale automobile auction facility will not have an adverse impact on the surrounding land uses. Staff recommends approval of this request. Prepared by, Submitted by, Nick Taylor Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Letter of Operation 3. Parking Justification Letter 4. Plans 5. Photographs C-G (PTMU)Katella Sub-Area CBUSINESS PARK (PTMU)RAILROAD O-L (PTMU)Katella Sub-Area CPARKING LOT O-L (PTMU)Katella Sub-Area CBALLY FITNESS I (PTMU)OfficeSERVICE STATION O-L (PTMU)Katella Sub-Area COFFICES PR (PTMU)StadiumTRAINSTATION O-H (PTMU)OfficeOFFICES O-L (PTMU)Katella Sub-Area CTOWNPLACE SUITESBY MARRIOTT I (PTMU)OfficeNORTH STADIUMBUSINESS CENTER ISTADIUM PLAZABUSINESS PARK IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IFLOOR & TILESTORES O-L (PTMU)Katella Sub-Area CRESTAURANTS PR (PTMU)StadiumANGEL STADIUMOF ANAHEIM O-L (PTMU)Katella Sub-Area CSTADIUM TOWER PLAZAOFFICE BLDG. IINDUSTRIAL I (PTMU)OfficeAUTO REPAIR/SERVICE253-531-05 253-531-06 RV Storage E K A T E L L A A V E E HOWELL AVE S S U N K I S T S T E HOWELL AVE S SINCLAIR ST S P A G E C T S S T A D I U M V I E W A V E E. KATELLA AVE S . L E W I S S T E. CERRITOS AVE E. ORANGEWOOD AVES. S T A T E C O L L E G E B L V D S . S U N K I S T S T S . H A S T E R S T E. GENE AUTRY WAY S . A N A H E I M B L V D S .D O U G L A S S R D 2222 East Howell Avenue DEV No. 2015-00077 Subject Property APN: 253-531-05253-531-06 °0 50 100 Feet Aerial Photo:May 2014 E K A T E L L A A V E E HOWELL AVE S S U N K I S T S T E HOWELL AVE S SINCLAIR ST S P A G E C T S S T A D I U M V I E W A V E S T A D I U M C R O S S I N G E. KATELLA AVE S . L E W I S S T E. CERRITOS AVE E. ORANGEWOOD AVES. S T A T E C O L L E G E B L V D S . S U N K I S T S T S . H A S T E R S T E. GENE AUTRY WAY S . A N A H E I M B L V D S .D O U G L A S S R D 2222 East Howell Avenue DEV No. 2015-00077 Subject Property APN: 253-531-05253-531-06 °0 50 100 Feet Aerial Photo:May 2014 253-531-05 253-531-06 [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. The public hearing was continued by the Planning Commission to March 7, 2016 at 5:00 p.m.; 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 March 7, 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 March 7, 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 7th day of March, 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. 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: MARCH 7, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2009-05460A AND PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061A LOCATION: 1621 South Sinclair Street (Noble Ale Works) APPLICANT/PROPERTY OWNER: The applicant is Brian Rauso of Noble Ale Works and the property owner is RREEF America REIT II Portfolio LP. REQUEST: The applicant is requesting to amend a previously-approved conditional use permit and determination of public convenience or necessity to expand an existing brewery and tasting room into an adjacent tenant space. 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. 2009-05460A and Determination of Public Convenience or Necessity No. 2009-00061A. BACKGROUND: This 0.68-acre property is located within the “I” Industrial Zone and is developed with a 14,236 square foot industrial building within an industrial complex. The General Plan designates the property and surrounding properties for Industrial land uses. The property is surrounded by a medical shuttle service office to the north, a battery manufacturing business to the south, a vacant industrial building to the west, and a lawn care service business to the east. The brewery and tasting room with retail sales and on-premises consumption of beer in an industrial building has been in operation since 2009, when the business received approval of Conditional Use Permit No. 2009-05460 and Public Convenience or Necessity No. 2009-00061. PROPOSAL: The applicant proposes to expand the existing brewery and tasting room (Suite B - 6,052 sq. ft.) into the adjacent tenant space (Suite A - 8,184 sq. ft.). The expansion would allow the brewery to occupy the entire 14,236 square foot building. There would be seven employees with two shifts, and hours of operation for the tasting room would be Monday through Thursday 4:30 p.m. to 11:00 p.m.; Fridays 4:00 p.m. to midnight; Saturdays noon to midnight; and Sundays noon to 8:00 p.m. The hours for the tasting room would be changing from the existing operations, which are currently Sunday to Wednesday 11:00 a.m. to 11:00 p.m.; Thursday to Saturday 11:00 a.m. to 1:00 a.m. and Sunday to Wednesday 11:00 a.m. to 8:00 p.m. CONDITIONAL USE PERMIT NO. 2009-05460A AND PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061A March 7, 2016 Page 2 of 4 Site and Shared Parking Exhibit The business is a full-service brewery, producing a variety of beers for distribution to retail locations and local restaurants, providing on-premises consumption of beer in the tasting room, and offering tours of the brewery. Brewing operations would take place during typical weekday business hours. The brewery would continue to operate with a Type 23 Alcoholic Beverage Control (ABC) license for small beer manufacturing. The expansion includes larger tasting room and brewing/manufacturing areas. The tasting room would be separated from the brewery and storage areas, whereas the brewing and tasting rooms are currently connected. FINDINGS AND ANALYSIS: Conditional Use Permit Amendment: The brewery and tasting room expansion require a conditional use permit in order to determine compatibility with surrounding land uses. Before the Planning Commission grants or amends 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. 2009-05460A AND PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061A March 7, 2016 Page 3 of 4 The expanded tasting room and on-premises consumption of beer requires an amendment to the existing conditional use permit. The ABC license for this use is a Type 23, Small Beer Manufacturer, which allows for on-site beer tasting. The proposed tasting room is 1,499 square feet in area and would be located at the southeast corner of the building, with approximately 80 seats. The brewery would occupy the entire industrial building and would consist of a tasting room, brewery area, storage, and office. The brewery would continue to hold up to four promotional events throughout the year as permitted by the original CUP. These events would continue to occur exclusively on the weekends and would be located onsite in the parking lot area. The manufacturing portion of the expanded brewery requires 20 parking spaces and the tasting room requires 25 spaces, for a total of 45 spaces required for the entire facility. There are 20 spaces on the property and an additional 85 shared parking spaces are available for the brewery on abutting properties. The brewery site and surrounding properties are owned by the same owner, who has agreed to allow the brewery to use the shared parking spaces, mostly intended for after hours use when other businesses will be closed. The draft resolution (Attachment 1) includes a condition of approval requiring the applicant to enter into a shared parking agreement, subject to City Attorney and Planning Director approval. Staff believes that the proposed brewery expansion would be compatible with the surrounding industrial uses in the area. No Code Enforcement complaints related to the brewery operations have been received since the brewery opened for business in 2009. Police Department service calls to this location in the last year include two public drunkenness and one grand theft call, which Police Department staff has confirmed is a low number of calls for this type of use. Staff conducted an inspection of the property and found it to be well maintained. 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. Determination of Public Convenience or Necessity Amendment: The amendment to the previously-approved determination of public convenience or necessity is required for the expansion. State law requires a determination when a property for which an ABC license is requested is located in a police reporting district with a crime rate above the City average, or when there is an over-concentration in the number of licenses within a Census Tract. The brewery is located within Census Tract No. 863.03, which has a population of 6,212 residents. This population allows for seven on-sale licenses and presently there are 21 licenses within the tract. The high concentration of licenses in the tract is due to the location of the property within the Platinum Triangle, which is home to a large number of entertainment venues and food and beverage establishments. The crime rate within ¼ mile of this property is below the city average in crime. Calls for service primarily consisted of petty thefts, vandalisms and commercial burglaries. Staff does not anticipate that the brewery expansion at this location would contribute to an increase in crime, as the existing business has operated for seven years without any complaints and has had a low number of calls for Police services. It is anticipated that the business would continue to be operated in a responsible manner and in compliance with the recommended conditions of approval included in the draft resolution. These include typical Police Department conditions for similar uses, such as providing security measures and requiring ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees among others. CONDITIONAL USE PERMIT NO. 2009-05460A AND PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061A March 7, 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 expansion of the brewery and tasting room is designed primarily for the commercial production of beer for off-site distribution to retail customers and restaurants. The tasting room and tours are for customers to sample and select beer and is not operated as a public premises-type bar. Because the nature of the use is primarily beer manufacturing with a small component of retail sales and beer tasting, staff believes it is compatible with the surrounding industrial uses, and recommends approval of the request. Prepared by, Submitted by, Ashley Hefner Jonathan E. Borrego Contract Planner, RRM Design Group Planning Services Manager Attachments: 1. CUP Draft Resolution 2. PCN Draft Resolution 3. Previous Resolution Nos. PC2009-115 and PC2009-116 4. Justification Letter 5. Police Department Memorandum 6. Plans 7. Photos IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IRELIGIOUS USE IINDUSTRIALIINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL ISTADIUM PLAZABUSINESS PARK O-H (PTMU)OfficeOFFICES IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL S S U N K I S T S T S SINCLAIR ST S S T A D I U M V I E W A V E E HOWELL AVE S H A R R I S C T E. BALL RD E. KATELLA AVE S . L E W I S S T E. CERRITOS AVE S .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. GENE AUTRY WAY S .D O U G L A S S R D 1621 South Sinclair Street DEV No. 2009-00037A Subject Property APN: 253-612-03 °0 50 100 Feet Aerial Photo:May 2014 S S U N K I S T S T S SINCLAIR ST S S T A D I U M V I E W A V E E HOWELL AVE S H A R R I S C T E. BALL RD E. KATELLA AVE S . L E W I S S T E. CERRITOS AVE S .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. GENE AUTRY WAY S .D O U G L A S S R D 1621 South Sinclair Street DEV No. 2009-00037A Subject Property APN: 253-612-03 °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. 2009-05460A TO PERMIT AN EXPANSION OF A BREWERY AND TASTING ROOM AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2009-00037A) (1621 SOUTH SINCLAIR STREET) WHEREAS, on October 26, 2009, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (hereinafter referred to as "Planning Commission"), by its Resolution No. PC2009-115, did approve Conditional Use Permit No. 2009-05460 (the "Original CUP") to permit a brewery and tasting room with retail sales and on- premises consumption of alcoholic beverages within a portion of an industrial business complex located at 1621 South Sinclair 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 (herein referred to as the "Property"). The conditions of approval which were the subject of the Original CUP shall be referred to herein as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to approve an amendment to the Original CUP, designated as "Conditional Use Permit No. 2009-05460A", to permit the expansion of the existing brewery and tasting room into an adjacent tenant space such that the brewery would occupy the entire building located at 1621 South Sinclair Street (herein referred to as the "Proposed Project"; and WHEREAS, in conjunction with the petition to approve Conditional Use Permit No. 2009-05460A, the Planning Commission also received a verified petition for an amendment to that certain determination of Public Convenience or Necessity No. 2009-00061, designated as "Determination of Public Convenience or Necessity No. 2009-00061A", related to the retail sales and on-premises consumption of alcoholic beverages in conjunction with the aforementioned brewery and tasting room; and WHEREAS, the Property is approximately 0.68 acres in size and is currently developed with a 14,236 square foot industrial building. The Property and surrounding properties are owned by the same property owner, and this owner has agreed to allow the brewery to use shared parking spaces on all properties as depicted on the map attached hereto as Exhibit B. The Anaheim General Plan designates the Property for industrial land uses. The Property is located within the "I" Industrial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.10 (Industrial 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 March 7, 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. 2009-05460A, 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "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. 2009-05460A, does find and determine the following: 1. The proposed request to permit the expansion of a brewery and tasting room with retail sales and on-premises consumption of alcoholic beverages located in an existing industrial business complex is an allowable use within the "I" Industrial Zone under subsection .010 of Section 18.10.030 (Uses) of Chapter 18.10 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "I" Industrial Zone. 2. The proposed request to permit the expansion of a brewery and tasting room with retail sales and on-premises consumption of alcoholic beverages 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 an industrial building, a portion of which is currently used by the brewery and tasting room, and the proposed entire use of the Property as a brewery and tasting room is compatible with the existing uses within the industrial complex and other 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 an industrial building, no expansion to the building is proposed, and sufficient parking will be provided on the properties as shown on Exhibit B. 4. The traffic generated by permitting the expansion of a brewery and tasting room with retail sales and on-premises consumption of alcoholic beverages 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 permitted businesses within the surrounding industrial business complex. - 3 - PC2016-*** 5. The granting of Conditional Use Permit No. 2009-05460A 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 the Planning Commission does hereby approve Conditional Use Permit No. 2009-05460A, contingent upon and subject to (1) the approval of Determination of Public Convenience or Necessity No. 2009-00061A, now pending, and (2) the conditions of approval set forth in Exhibit C attached hereto and incorporated herein by this reference (herein referred to as the "Revised Conditions of Approval"). BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP and for Conditional Use Permit No. 2009-05460A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit C, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 2009- 05460A. BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under Conditional Use Permit No. 2009-05460A, 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 that relate to the uses permitted under Conditional Use Permit No. 2009-05460A 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 this Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 4 - PC2016-*** 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 March 7, 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 March 7, 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 7th day of March, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** - 7 - PC2016-*** EXHIBIT “C” CONDITIONAL USE PERMIT NO. 2009-05460A (DEV2009-00037A) 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 OPERATIONAL CONDITIONS 2. Prior to the operation of the expanded brewery and tasting room, the applicant shall enter into, and maintain at all times, an agreement in a form satisfactory to the City Attorney, which shall be recorded in the Official Records of the County of Orange and will provide shared parking between the subject property and separate abutting properties to support the availability of site sufficient parking to meet the parking demands of the use for which the parking spaces are required. Planning Department, Planning Services Division 3. Brewing Operations: Brewing operations take place during standard business hours. Brewery Tours and Tasting Room Hours: Monday through Thursday 4:30 p.m. to 11:00 p.m., Fridays 4:00 p.m. to midnight, Saturdays noon to midnight, and Sundays noon to 8:00 p.m. Special Events: A maximum of four events per year including an anniversary event in January, a chili and barbeque cook-off in the spring, and an annual “Anaheim Brewing Festival” in the fall. These events shall occur exclusively on the weekends and shall be located onsite in the parking lot area. Outdoor activities are subject to review and approval by all applicable City departments. All accessory permits shall be obtained as deemed necessary. Planning Department, Planning Services Division INDUSTRIAL COMPLEX 4. The owner of the Property shall be responsible for maintaining the Property in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the buildings making up the subject Property shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5. Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police Department 6. No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division GENERAL 7. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 8. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 9. The subject Property shall be developed, used and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division [DRAFT] ATTACHMENT NO. 2 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061A FOR A TYPE 23, SMALL BEER MANUFACTURER (BREWERY) LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2009-00037A) (1621 SOUTH SINCLAIR STREET) WHEREAS, on October 26, 2009, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (hereinafter referred to as "Planning Commission"), by its Resolution No. PC2009-116, determined that the public convenience or necessity will be served by the retail sales and on-premises consumption of alcoholic beverages associated with a brewery and tasting room within a portion of an industrial business complex located at 1621 South Sinclair 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 (herein referred to as the "Property"). Accordingly, the Planning Commission approved Public Convenience or Necessity No. 2009-00061 (the "Original PCN"). The conditions of approval which were the subject of the Original PCN shall be referred to herein as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to approve Public Convenience or Necessity No. 2009-00061A to permit retail sales and on-premises consumption of alcoholic beverages in conjunction with an application for Conditional Use Permit No. 2009-05460A to permit the expansion of an existing brewery and tasting room into an adjacent tenant space such that the brewery would occupy the entire building located at 1621 South Sinclair Street (herein referred to as the "Proposed Project"); and WHEREAS, the Property is approximately 0.68 acres in size and is currently developed with a 14,236 square foot industrial building. The Anaheim General Plan designates the Property for industrial land uses. The Property is located within the "I" Industrial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.10 (Industrial 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 March 7, 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 Public Convenience or Necessity No. 2009-00061A and Conditional Use Permit No. 2009-05460A, 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "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 a determination under Public Convenience or Necessity No. 2009-00061A that the public convenience or necessity will be served by the retail sales and on-premises consumption of alcoholic beverages at the Property by virtue of the expansion of the brewery and tasting room in accordance with Conditional Use Permit No. 2009- 05460A, now pending, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "Public Convenience or Necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by the issuance of a license. For purposes of Section 23958, "undue concentration" means the case in which the premises are located in an area where any of the following conditions exist: (a) The Premises are located in a crime reporting district that is below the city average in "reported crimes" (as defined in Section 23958.4) 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 does not exceed the ratio of on-sale retail licenses to population in the county. (c) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the Premises are located exceeds the ratio of off-sale retail licenses to population in the county. 3. Notwithstanding the existence of the above-referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. - 3 - PC2016-*** 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations; and, when the sale of alcoholic beverages for off-premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 5. The Premises is located within Census Tract No. 863.03 with a population of 6,212 that allows for seven (7) off-sale and seven (7) on-sale ABC licenses. There are presently four (4) off-sale and twenty-one (21) on-sale ABC licenses in the tract. The Premises is located in Police Reporting District No. 2028, which has a crime rate that is below the City-wide average; however, the Police Department evaluates these requests based on the crime rate within a one-quarter mile radius of the premises for the subject site. The crime rate within ¼ mile of this Property is also below the City-wide average based upon calls for service. Since there is an overconcentration of on-sale licenses in the census tract, a determination of "public convenience or necessity" is required to be made for this request. 6. A determination of "public convenience or necessity" can be made based on the finding that the requested license, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and that the sale of beer for on-site consumption at this location would be a commodity provided to the community. 7. The expanded brewery and tasting room would serve as an added convenience to customers of 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby find and determine that the public convenience or necessity will be served by the amendment of an existing ABC license governing the retail sales and on-premises consumption of alcoholic beverages at the Property and that, accordingly, Public Convenience or Necessity No. 2009-00061A is hereby approved, contingent upon and subject to (1) the approval of Conditional Use Permit No. 2009-05460A, now pending, and (2) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (herein referred to as the "Revised Conditions of Approval"). BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original PCN and for Public Convenience or Necessity No. 2009- 00061A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, - 4 - PC2016-*** which shall control and govern the Original PCN, as amended by Public Convenience or Necessity No. 2009-00061A. BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under Public Convenience or Necessity No. 2009-00061A, 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 that relate to the uses permitted under Public Convenience or Necessity No. 2009-00061A 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 this 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 March 7, 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 - 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 March 7, 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 7th day of March, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-*** - 7 - PC2016-*** EXHIBIT “B” PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061A (DEV2009-00037A) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. 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 2. Security measures shall be provided to the satisfaction of the Anaheim Police Department. Such measures shall deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premised. Police Department 3. Any and all security offices provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) Police Department 4. The business shall not be operated in such a way as to be detrimental to the public health safety, or welfare. Police Department 5. Petitioner shall not share any profits, or pay a percentage or commission to a promoted or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 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. Managers, owners, and wait staff need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714-558- 4101. Police Department 8. There shall be no admission fee, cover charge, nor minimum purchase required. Police Department - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9. Signs shall be posted inside all exit doors stating “No alcoholic beverages allowed past this point.” Police Department GENERAL 10. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 11. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 12. The subject Property shall be developed, 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 RESOLUTION NO. PC2009-115 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05460 DEV2009-00037) 1621 SOUTH SINCLAIR STREET, UNIT B) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009-05460 to permit a brewery and tasting room with retail sales and on-premises consumption of alcoholic beverages in conjunction with a Request for a Determination of Public Convenience or Necessity No. 2009-00061 for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS. this property is developed with a 14,480 square foot industrial building located in the 1 (Industrial) zone and the Anaheim General Plan designates the property for industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 26, 2009, at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed Conditional Use Permit and Request for Determination of Public Convenience or Necessity and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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. The request to permit a brewery and tasting room with retail sales and on- premises consumption of alcoholic beverages is properly one for which a conditional use permit is authorized under Code Section Nos. 18.10.030.040.0402 (Alcoholic Beverages — On-sale, Industry-General) and 18.66.040.030 (Unlisted Uses) of the Anaheim Municipal Code. 2. The proposed brewery and tasting room will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because it is located within an existing industrial building and has industrial uses surrounding the property. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because the proposed brewery and tasting room will be located within an existing industrial building and no additional development will occur. 1- PC2009-115 ATTACHMENT NO. 3 4. 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 volume of traffic planned for the streets and highways in the area. The brewery and existing industrial business require 32 parking spaces and 23 spaces are provided onsite. Because of the offsetting hours of operation between the two uses, adequate parking will be provided onsite for both uses, therefore no variance is necessary. 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 and will provide a land use that is compatible with the surrounding area because the proposed use will be located within an existing industrial building and the proposed brewery and tasting room uses are not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009-05460 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject 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 Anaheim Municipal Code. Tiiminq 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), it the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED. that this Conditional Use Permit is approved without limitations on the duration of the use. Amendments, modifications and revocations 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 Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not 2- PC2009-115 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 the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 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 the revocation of the approval of this application. meeting of October 26, 2009. ATTEST: THE FOREGOING RESOLUTION was adopted at the Planning Commission SENIOR SEC " ARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANA EIM CITY PLAN G COMMISSION 1, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 26, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, BUFFA, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, FAESSEL IN WITNESS WHEREOF, 1 have hereunto set my hand this 26 day of October 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3- PC2009-115 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2009 A_ND REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2009-001)61 APN: 253-612-03i 5,.Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10857 1 4 PC2009-115 NO.CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 The subject property shall be developed substantially in accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 ( Floor Plans) and as conditioned herein. Planning L ` ii The hours of operation and permitted activities shall be consistent with the letter of operation dated September 16, 2009 and on file with the City of Anaheim Planning Department and limited to the following: Tasting Room hours: Planning Sunday — Wednesday 11:00 a.m. to 11:00 p.m. Thursday — Saturday 11:00 a.m. to 1:00 a.m. Brewery Tour hours: Sunday — Wednesday 11:00 a.m. to 8:00 p.m. Thursday — Saturday 11:00 a.m. to 9:00 p.m. Special Events: A maximum of four (4) events per year including an anniversary celebration in January, a beer tasting festival, and a chili and barbeque cook-off. Outdoor activities are subject to review and approval by the City departments. All accessory permits shall be obtained as deemed necessary. The outdoor activities provide adequate security as required by the Police Department. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2009-05460 DEV2009-00037) 5- PC2009-115 RESOLUTION NO. PC2009-116 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION Is THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061 FOR A TYPE 23, SMALL BEER MANUFACTURER (BREWERY) LICENSE DEV2009-00037) 1621 SOUTH SINCLAIR STREET) WHEREAS, 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); and WHEREAS. 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; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit retail sales and on- premises consumption of alcoholic beverages in conjunction with an application for Conditional Use Permit No. 2009-05460 to permit a brewery and tasting room with retail sales and on- premises consumption of alcoholic beverages for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; and. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 26, 2009, at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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. The I (Industrial) zone permits the sale of beer for on-premises consumption within a brewery, pursuant to Section 18.10.030.040.0402 of the Anaheim Municipal Code subject to the approval of a conditional use permit. The proposed brewery and tasting room will not adversely affect the adjoining land uses or the growth and development of the area in which 1 - PC2009-116 it is proposed to be located because it is located within an existing industrial building and has industrial uses surrounding the property. 2. California state law requires a Determination of Public Convenience or Necessity when property is located in a census tract with more on-sale alcohol licenses than allowed; and 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 issuance of a license. 1 Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and 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 beer and wine does not adversely affect any adjoining land use or the growth and development of the surrounding area. 4. Subject property is located in Reporting District 2028, which has a crime rate of 61 percent above the City average. The property is also located in Census Tract 863.03 which permits three off-sale Alcoholic Beverage Control licenses and there are presently five licenses in the tract. The Census Tract also permits five on-premises sales and consumption license and currently there are nineteen existing licenses. 5. Sales of beer for on-premises consumption will be in conjunction with the sales of the proposed brewery. The beer sales will provide a convenience to patrons visiting the brewery and selecting beer for purchase. Therefore, the requested on-sale license will not be detrimental to the area provided that restrictions on the sales of beer are included in the approval. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the. Anaheim City Planning Commission does hereby approve the Determination of Public Convenience or Necessity No. 2009-00061 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the Anaheim City 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. PC2009-1 1 6 EE IT FURTHER RESOLVED that the Anaheim City 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 findings hereinabove set forth. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 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 the revocation of the approval of this application. THE FOREGOING RESOLUTI •. was adopted at the Planning Commission meeting of October 26, 2009. ATTEST: SENIOR SECRE`T`ARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAH : M TTY PLAN G COMMISSION 1, Grace Medina, Senior Secretary of the Anaheim City Planning Comnnission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 26, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AMEI T, BUFFA, KARAKI, RAMIREZ, ROMERO NOES: COMl ISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of October 2009. SENIOR SECRETARY , ANAHEIM CrernANNING COMMISSION 3 PC oo -116 EXEI IF "A" CONDITIONAL USE PERMIT NO. 2009-05460 N REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2009 -00061 AP N : 253-612-03 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10857 4 PC2009-116 NO.CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police N Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police 3 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) Police 4 Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police 5 There shall be no admission fee, cover charge, nor minimum purchase required. Police 6 Managers, owners, bar tenders, and waitresses need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714-558-4101. Police 7 No person under 21 years of age shall sell or be permitted to sell beer. Police EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2009-05460 DEV2009-00037) PC2009-116 8 There shall be no pool tables or amusement devices maintained upon the premises at any time unless the proper permits have been obtained from the City of Anaheim. Police 9 The activities occurring in connection with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police 10 The subject alcohol 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 1 1 The hours of operation and permitted activities shall be consistent with the letter of operation dated September 16, 2009 and on file with the City of Anaheim Planning Department and limited to the following: Tasting Room hours: Planning Sunday — Wednesday 11:00 a.m. to 1 1 :00 p.m. Thursday — Saturday 11:00 a.m. to 1:00 a.m. Brewery Tour hours: Sunday — Wednesday 11:00 a.m. to 8:00 p.m. Thursday — Saturday 11:00 a.m. to 9:00 p.m. Special Events: A maximum of four (4) events per year including an anniversary celebration in January, a beer tasting festival, and a chili and barbeque cook-off. Outdoor activities are subject to review and approval by the City departments. All accessory permits shall be obtained as deemed necessary. The outdoor activities provide adequate security as required by the Police Department. 12 The subject property shall be developed substantially in accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. I (Site Plan) and 2 ( Floor Plans) and as conditioned herein. Planning 13 The hours of operation and permitted activities shall be consistent with the letter of operation on file with the City of Anaheim Planning Department. Planning PC2009-116 www.anaheim.net City of Anaheim PLANNING DEPARTMENT October 29, 2009 RREEF America Reit II Portfolio, LP 1630 S. Sunkist Street, Suite A Anaheim, CA 92806 SUBJECT: CONDITIONAL USE PERMIT NO. 2009-05460 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00061 PC2009 -115 AND 116 Congratulations! Your proposed project at 1621 South Sinclair Street, Unit B was approved by the Planning Commission on October 26, 2009. Enclosed is a copy of the Planning Commission's decision. Keep in mind that this decision will not be final until the ten (10) day appeal period expires. If an appeal is made or if the City Council decides to hold an additional public hearing, your project planner will notify you immediately and provide you the date of the public hearing. The action of the Planning Commission is contained in the attached resolution. You will notice the resolution has a table containing conditions of approval related to your project. The City department responsible for monitoring this condition is listed in the last column (i.e. Planning, Public Works or Police). Please contact Scott Koehm at (714) 765 -5395 or skoehm@anaheim.net, to discuss the next step for moving your project forward. Also enclosed is a process flow chart showing the remaining steps necessary to complete your project. Keep these documents in a secure place. In the event the property is sold, provide the attached resolution to the new /prospective property owner. Thank you for choosing Anaheim for your project. Please complete and return the enclosed survey regarding our process. If there is any way we can improve our service, let us know. Sincer ly, CJ strop AICP Pl ning S ices Manager Enclosures c: Jerry Kolbly, Noble Ale Works, 9911 Irvine Center Dr., Suite 150, Irvine, CA 92618 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714) 765 -5139 boiler 13 ir comp) Women's RR 30 bbl erm Obbi ferm 39 Tasting Area 16 re .ail cold storage 54 10 Homebrew Shop storage supplies Brewery Office APPLICATION NO. .0 2.0C4 PC MEETING DATE i{ -6/0 i C APPROVED /` DENIED RESOLUTION NO. 2 ' -1 EXIDBIT NO. Z- ATTACHMENT NO. 4 ATTACHMENT NO. 5 X X X X 6 0 B B L 6 0 B B L 6 0 B B L 6 0 B B L 1 2 0 B B L 1 2 0 B B L 1 2 0 B B L 1 2 0 B B L 1 2 0 B B L 6 0 B B L 6 0 B B L 6 0 B B L 6 0 B B L A B C D E F G H 1 2 3 WASH E R X X X X WASH E R XXXX 60BBL 60BBL60BBL60BBL 120BBL120BBL120BBL120BBL120BBL60BBL60BBL60BBL60BBL ABCDEFG H 123WASHERXXXXWASHER No. C21282JON A L A N Z IMM E R M A N REN_________ S T A T E OF CA L I F O R N I A L I C E N S E D ARCH I T E C T S c a l e D a t e D r a w n B y C h e c k e d B y P r o j e c t N u m b e r ARCHITECT C E R T I F I C A T I O N : C O N S U L T A N T : - N O . D E S C R I P T I O N D A T E C U P S U B M I T T A L 1 0 . 1 3 . 2 0 1 5 J Z C C 1 2 . 0 7 . 1 5 N A W 0 0 1 A S N O T E D - C U P R E V I S I O N 1 1 . 3 0 . 2 0 1 5 A - 1 . 0 S C A L E N NOBLE ALE WORKS S C A L E N N 1 2 3 1 1 1 1 2 2 2 2SCAL E 4 5 6 7 8 5 5 5 3 4 6 6 6 6 9 9 7 8 6 A T T A C H M E N T N O . 6 X X X X X X X X X X 6 0 B B L 6 0 B B L 6 0 B B L 6 0 B B L 1 2 0 B B L 1 2 0 B B L 1 2 0 B B L 1 2 0 B B L 1 2 0 B B L 6 0 B B L 6 0 B B L 6 0 B B L 6 0 B B L AB C D E F G H 123 WA S H E R X X X X X X X X X X WA S H E R No. C21282JON A L A N Z IMM E R M A N REN_________ S T A T E OF CA L I F O R N I A L I C E N S E D ARCH I T E C T S c a l e D a t e D r a w n B y C h e c k e d B y P r o j e c t N u m b e r ARCHITECT C E R T I F I C A T I O N : C O N S U L T A N T : - N O . D E S C R I P T I O N D A T E C U P S U B M I T T A L 1 0 . 1 3 . 2 0 1 5 J Z C C 1 2 . 0 7 . 1 5 N A W 0 0 1 A S N O T E D - C U P R E V I S I O N 1 1 . 3 0 . 2 0 1 5 A - 1 . 1 S C A L E N COLD BOX120 T A S T I N G A R E A 1 0 0 B A R A R E A 1 0 1 C O L D B O X 1 0 2 W O R K R O O M 1 0 3 B O I L E R R O O M 1 0 4 J A N I T O R 1 0 5 W A T E R R O O M 1 0 6 W O M E N ' S 1 0 7 M E N ' S 1 0 8 J A N I T O R 1 0 9 M E N ' S 1 1 0 W O M E N ' S 1 1 1 B R E A K R O O M 1 1 2 G R I N D I N G R O O M 1 1 3 B R E W I N G & S T O R A G E A R E A 1 1 4 O F F I C E 1 1 5 O F F I C E 1 1 6 O P E N O F F I C E 1 1 7 CONFERENCE R O O M 118 HALLWAY119(E) TASTING AREA121(E) ELEC'L.122 T A S T I N G R O O M S T O R A G E 1 2 3 2/8/2016 1 Frontage South Side ATTACHMENT NO. 7 2/8/2016 2 North Side Aerial with Parking 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. 6 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: MARCH 7, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05842 AND VARIANCE NO. 2016-05059 LOCATION: 321 - 327 North Anaheim Boulevard APPLICANT/PROPERTY OWNER: The applicant and property owner is Uptown Anaheim LLC. The agent representing the applicant is Greg McCafferty with Development Advisors LLC. REQUEST: The applicant is requesting approval of a conditional use permit to expand an existing auto body, repair, and sales facility with a front setback less than required by the Zoning Code. A variance for a reduced interior setback, less parking spaces than required by Code, and a waiver of street dedication and improvements was advertised as part of this application, but staff subsequently determined that they were unnecessary; therefore, that portion of the request has been deleted. 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. 2015-05842 and Variance No. 2016-05059. BACKGROUND: The 0.51-acre property is developed with two businesses: an auto body/paint shop and car sales business. The property is located in the “C-G” General Commercial zone and the General Plan designates the property for Mixed Use land uses. Surrounding land uses include a banquet hall across Adele Street to the north, an auto body shop and commercial uses across Anaheim Boulevard to the east, an electronics shop and smog center to the south, and apartments to the west. According to the applicant, the auto body business has been in operation at this location for approximately 50 years and the car sales business for approximately 60 years. Existing business operations include daily 7:00 a.m. to 10:00 p.m. hours of operation and seven employees (three for car sales, four for auto body shop). There are no active Code Enforcement cases on this property. These uses are considered legal nonconforming because a conditional use permit was not obtained for these existing auto body and sales uses as such uses were once allowed by right under the property’s previous zoning designation. CONDITIONAL USE PERMIT NO. 2015-05842 AND VARIANCE NO. 2016-05059 March 7, 2016 Page 2 of 5 The existing footprint of the building, including no setback along Adele Street, has been in place since 1972 when the last major addition to the building was constructed. The existing building is legal nonconforming due to a zero structural and landscape setback along the property line fronting Adele Street; whereas, the Code currently requires structural and landscape setbacks of 10 feet along this street frontage. The nonconforming setback is legal because the building was constructed prior to the adoption of this setback requirement. PROPOSAL: The applicant proposes to renovate the property in order to enhance its aesthetic appearance and to bring it into greater conformity with current code requirements. Currently, body shop and repair activities are being conducted outside of the existing building under prefabricated portable canopies, and in an accessory building located in the parking lot. The applicant proposes to remove all of these structures and conduct all repairs and paint activities within the interior of the renovated and expanded building; thereby improving the appearance of the property, and reducing noise, dust, and air quality impacts associated with the current outdoor operations. The project would consist of 2,629 square feet being added to a 4,383 square foot building, for a total floor area of 7,012 square feet. The building would be expanded to the east, into what is now the outdoor work area. The applicant also proposes to remove a 6-foot portion of the building adjacent to Adele Street, construct new 6-foot wide planters along both street frontages, and close one driveway on Anaheim Boulevard. The applicant submitted a request to the Public Works Department to waive the required 5.25-foot street dedication along Adele Street, and the City Engineer has approved this waiver request (Attachment No. 5). The applicant also proposes to construct a new parking lot with 29 Code-compliant spaces. Although the applicant is providing six feet of landscaping adjacent to Anaheim Boulevard, this landscaping is located in an area that is being dedicated to the City to accommodate the future widening of Anaheim Boulevard. Therefore, until such time that Anaheim Boulevard is widened, the property can maintain the landscaped setback area. After the street is widened, no landscaped setback would be provided; however, this property is located within a “Special Setback” area in the City where no landscaped setback is required along Anaheim Boulevard. Therefore, the proposed landscaped setback from the ultimate right-of-way along Anaheim Boulevard would be in compliance with the Code. The timing of street widening is unknown at this time. The proposal includes the following features: • All auto body and painting operations would be moved inside the building, inside a new South Coast Air Quality Management District (SCAQMD)-compliant paint booth. The building would be brought up to the current Building Code requirements with new electrical, plumbing and waste recycling improvements. • The building would be brought up to ADA compliant standards, and will have three new accessible restrooms and two accessible parking spaces. • Vehicular access to the site would be provided by two driveways, one on Adele Street and another on Anaheim Boulevard. • 29 parking spaces would be provided, with seven designated for vehicle sales display. • Landscaping, exterior building colors, and lighting fixtures in keeping with the decorative street lights within the Anaheim Colony area. CONDITIONAL USE PERMIT NO. 2015-05842 AND VARIANCE NO. 2016-05059 March 7, 2016 Page 3 of 5 A Development Summary (Attachment 2) includes further detail and parking tabulations related to the project. 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. 2015-05842 AND VARIANCE NO. 2016-05059 March 7, 2016 Page 4 of 5 The Zoning Code requires approval of a conditional use permit for “Automotive-Repair & Modification” and “Automotive–Vehicle Sales, Lease & Rental” uses to ensure that the uses are appropriate for the site, compatible with surrounding land uses, and in compliance with Zoning Code requirements. This request is to expand the existing auto body, repair, and sales facility, which has been in operation on this site for 60 years. The nature of the business will not change as a result of the additional building area. The proposed modifications would improve the current nature of operations since all body shop and painting would be conducted within the remodeled building as noted previously. The architectural design of the new building renovation would complement the surrounding retail businesses in the area. Therefore, staff recommends approval of this auto body, repair, and sales expansion project. The Zoning Code requires that parking demand be calculated by combining the needs of “Automotive-Repair & Modification” and “Automotive–Vehicle Sales, Lease & Rental” uses on the property. A total of 26 parking spaces are required, and 29 spaces are proposed, as shown in the below table. Code Requirement (per 1,000 s.f.) Proposed Floor Area (s.f.) Spaces Required Proposed Spaces Auto sales 4 611 2.4 Auto repair 3.5 6,619 23.2 Total 26 29 The parking lot would be reconfigured to have 29 Code-compliant parking spaces, including two handicapped spaces and seven spaces along Anaheim Boulevard that would be used to display vehicles that are for sale. The draft resolution includes a condition of approval limiting the number of display spaces to seven in order to maintain the minimum amount of parking spaces to meet Code. In addition, there would be six bays in the body shop that cars being worked on would be located, which the applicant has state would accommodate up to 24 vehicles. Variance: Before the Planning Commission may approve a variance, it must make a finding of fact that the evidence presented shows that the following conditions exist: 1) That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project; 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 due to the limited developable area. Front setback variance: The Code requires a minimum 10-foot wide structural and landscape setback along Adele Street. The applicant proposes a 6-foot wide setback along this street frontage. Staff believes that the site improvements and the increased building setback along Adele Street (from 0 feet to 6 feet as described below) is 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 commercial uses along Anaheim Boulevard. As noted previously, the existing building is legal nonconforming due to the zero lot line setback along Adele Street. Implementation of the project would reduce this nonconformity, as the project includes the removal of a 6-foot portion of the building that is CONDITIONAL USE PERMIT NO. 2015-05842 AND VARIANCE NO. 2016-05059 March 7, 2016 Page 5 of 5 located along Adele Street; thereby reducing the nonconforming setback from zero feet to six feet. Because of these reasons, staff recommends approval of the setback variance 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 conditions exist for Planning Commission to make the required findings to approve this request. The proposed expansion and remodel project would improve the operations of the existing business as auto body and painting activities would be within the renovated building. Additionally, the number of parking spaces being proposed would be adequate to accommodate the remodeled building and expanded use. 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. Development Summary 3. Operations Letter 4. Request Letter 5. Waiver Request 6. City Engineer’s Letter 7. Plans 8. Photographs RM-4 APTS12 DU TRELIGIOUS USERS-2SINGLE FAMILY RESIDENCE T APTS20 DU RM-4 APTS10 DU R M - 4 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-2TRIPLEX RS-2SINGLE FAMILY RESIDENCE C-GAUTO SALES C-GAUTO SALESC-GAPTS5 DU C-GRETAIL C-GAUTO REPAIR/SERVICE C-GNIGHT CLUBTPARKING LOT C-GRETAILR M - 4 S I N G L E F A M I L Y R E S I D E N C E RM-4PARKING LOT C-GRESTAURANT RS-3PARKING LOT C-GPARKING LOT RS-3DUPLEX C-GAUTO BODY SHOP C-GAUTO BODY SHOP C -G A U T O B O D Y S H O P C-GRETAIL C-GRETAIL C-GRETAIL C-GRELIGIOUS USE C-GRETAIL C-GOFFICES C-GVACANT N A N A H E I M B L V D S A N A H E I M B L V D W A D E L E S T W C Y P R E S S S T E A D E L E S T N C L A U D I N A S T E C Y P R E S S S T E. LA PALMA AVE N . E A S T S T W.LINC O L N A V E E . L IN C O L N AV E S . E A S T S T N . H A R B O R B L V D W. LA PALMA AVE W. BR O A D W A Y E .B R O A D W AY S . A N A H E I M B L V D W. BROADWAY E . B R OA D W AY 321 North Anaheim Boulevard DEV No. 2015-00123 Subject Property APN: 035-102-26 °0 50 100 Feet Aerial Photo:May 2014 N A N A H E I M B L V D S A N A H E I M B L V D W A D E L E S T W C Y P R E S S S T E A D E L E S T N C L A U D I N A S T E C Y P R E S S S T E. LA PALMA AVE N . E A S T S T W.LINC O L N A V E E . L IN C O L N AV E S . E A S T S T N . H A R B O R B L V D W. LA PALMA AVE W. BR O A D W A Y E .B R O A D W AY S . A N A H E I M B L V D W. BROADWAY E . B R OA D W AY 321 North Anaheim Boulevard DEV No. 2015-00123 Subject Property APN: 035-102-26 °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. 2015-05842 AND VARIANCE NO. 2016-05059 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00123) (321 - 327 NORTH ANAHEIM BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05842 and Variance No. 2015-05059 to permit the expansion of an existing auto body, repair, and sales facility, and Variance No. 2016-05059 for front and interior setbacks less than required by Anaheim Municipal Code (the “Code”), less parking spaces than required by the Code, and a waiver of street dedication and improvement requirements (herein referred to collectively as the "Proposed Project") on that certain real property located at 321 - 327 North Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.51 acres in size and is currently developed with an auto body/paint shop and auto sales business. The Anaheim General Plan designates the Property for “Mixed Use” land uses. The Property is located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 7, 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. 2015-05842 and Variance No. 2015-05059 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, subsequent to giving notice of said public hearing, it was determined that the variances for a reduced interior setback, waiver of street dedication and improvement, and less parking spaces than required by the Code in conjunction with Variance No. 2016-05059, was not warranted. Accordingly, those variance requests have been eliminated as a part of the petitioner's request and is not a part of the Proposed Project; 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "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, among other things, the repair, maintenance, 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 this determination. Section 15301 (Existing Facilities) of the CEQA Guidelines provides examples of projects that might qualify for an exemption from the provisions of CEQA. The one example that is applicable to the Proposed Project is for: "(e) Additions to existing structures provided that the addition will not result in an increase of more than . . . (1) . . . . (2) 10,000 square feet if: (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (B) The area in which the project is located is not environmentally sensitive." The Proposed Project meets the criteria of Section 15301 of the CEQA Guidelines, and, therefore, pursuant to Section 15301 of Title 14 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 pertaining to the request for Conditional Use Permit No. 2015-05842, does find and determine the following facts: 1. The proposed request to expand the existing Automotive-Repair & Modification and Automotive-Vehicle Sales, Lease & Rental uses at the Property is within that class of primary uses within the "C-G" General Commercial Zone, which is subject to a conditional use permit as authorized under Table 8-A of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial 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 Proposed Project will continue to operate in a manner which is not detrimental to adjacent properties, and will improve the operations as all repair and modification uses will be conducted inside the remodeled building and in accordance with the Code with the exception of the front setbacks described below. 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 Proposed Project has been designed to comply with all Code requirements (with the exception of the reduced front setbacks described below). - 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 because the number of vehicles entering and exiting the site is consistent with the Automotive-Repair & Modification and Automotive- Vehicle Sales, Lease & Rental uses that are conditionally permitted in the "C-G" General Commercial Zone. 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, paragraphs .0101 and .0102 of Subsection .010 (Setbacks) of Section 18.08.060 (Structural Setbacks) of Chapter 18.08 (Commercial Zones of the Code require the minimum landscaped and structural setbacks in the Commercial Zones abutting a local street, such as Adele Street, to be ten (10) feet, "as measured from the ultimate highway right-of-way line as designated on the Circulation Element of the General Plan". Those setback requirements apply in addition to the setback and yard requirements set forth in paragraph .0201 (Street Setbacks for Non-Residential and Multiple-Family Residential Lots) of Subsection .020 (Measurements) of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) of the Code, which require "the minimum setbacks for all non-residential . . . lots and parcels adjoining [a] . . . public . . . street[] . . . [to] be measured from the closest building to the . . . [t]he ultimate right-of-way of any adjacent public street or arterial highway . . . ." Because the Proposed Project shows a setback of six (6) feet from the ultimate right-of-way of Adele Street, the applicant has requested a variance from the setback requirements; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request to expand an existing auto body/paint shop and sales use with front setbacks less than required by Code, has determined that Variance No. 2015-05059 should be approved for the following reasons: SECTION NO. 18.08.060.010 Structural and Landscaped setbacks adjacent to a Local Street. (10 feet required; 6 feet proposed) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other properties under the identical zoning classification in the vicinity of the proposed Project, because the site improvements and the increased setback along Adele Street (from 0 feet to 6 feet) is 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 commercial uses along Anaheim Boulevard. 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 the existing building is legal nonconforming due to the zero lot line setback along Adele Street. Implementation of the project would reduce this - 4 - PC2016-*** nonconformity, as the project includes the removal of a 6-foot portion of the building that is located along Adele Street; thereby reducing the nonconforming setback from zero feet to six feet. With a variance, the property owner would be allowed to develop the property in a manner that is compatible with the other commercial uses along Anaheim Boulevard. 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. 2015-05842 and Variance No. 2015-05059, 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. 2015-05842 and Variance No. 2015-05059 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. - 5 - PC2016-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 7, 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 March 7, 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 7th day of March, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-*** - 7 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05842 AND VARIANCE NO. 2015-05059 (DEV2015-00123) 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 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 3 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 4 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 5 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 6 The property owner shall irrevocably offer to dedicate in a signed deed to the City of Anaheim an easement 53- feet in width from the centerline of Anaheim Boulevard and a corner cut-off dedication at Anaheim Boulevard and Adele Street for road, public utilities, and other public purposes. Public Works, Development Services Division 7 The developer shall obtain a right-of-way construction permit and post a security for construction of all required public improvements within street right of way. Public Works, Development Services Division - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The legal property owner shall submit a Lot Line Adjustment to Public Works, Development Services for review and approval to modify or merge the existing two lots into one parcel. The Lot Line Adjustment and Conformance Deed shall be recorded prior to issuance of a building permit. Public Works, Development Services Division 9 The legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. Public Works, Development Services Division 10 Building plans shall show conformance with the current version of Engineering Standard Detail 115 pertaining to driveway design, sight distance visibility for signs, landscaping, and fence/wall locations. Public Works, Development Services Division 11 Building plans shall show conformance with the current version of Engineering Standard Detail 473 pertaining to driveway spacing and distance from public ROW to nearest parking space, subject to the approval of the City Engineer. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works, Development Services Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 12 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, Traffic Engineering Division 13 All required public right-of-way improvements shall be completed, operational, and are subject to review and approval by the Construction Services Inspector. Public Works, Development Services Division 14 That ongoing during project operations, vehicle deliveries including loading and unloading shall be performed on site. Delivery vehicles shall not block any part of the public right of way. Public Works, Development Services Division 15 The building shall be equipped with an alarm system (silent or audible). Police Department 16 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police Department 17 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 18 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department - 9 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 19 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 20 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 21 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 OPERATIONAL CONDITIONS 22 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division 23 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 24 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 licensee shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 25 No more than seven parking spaces shall be used as display spaces for auto sales, in order to comply with the code-required minimum parking requirements. Planning Department, Planning Services Division 26 The business shall be operated in accordance with the operations letter 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 Department, Planning Services Division 27 The applicant shall receive all necessary approvals for the permitting of the paint booth by the South Coast Air Quality Management District. Planning Department, Planning Services Division - 10 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 28 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 29 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 30 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 31 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 PROJECT SUMMARY Development Standard C-G Standards Proposed Project Site Area ---- 0.51 acres Floor Area Ratio .50 0.34 Building Height 28 feet 17 feet, 6 inches Landscape Setback Abutting arterial highway (Anaheim Blvd.) Abutting any local street (Adele St.) Abutting non-residential interior boundary 0 feet* 10 feet None 6 feet 6 feet 0 feet Structural Setbacks Abutting arterial highway (Anaheim Blvd.) Abutting any local street (Adele St.) Abutting non-residential interior boundary 0 feet 10 feet None 76 feet 6 feet 0 feet Parking 26 spaces minimum 29 (3 for display) * A 6-foot wide planter is proposed adjacent to Anaheim Boulevard; however, this planter is located within the ultimate right-of-way to accommodate a future road widening. Parking Tabulation Code Proposed Floor Area (SF) Minimum Spaces Required Proposed Spaces Auto sales 4/1000 s.f 611 2.4 Auto repair 3.5/1000 s.f. 6,619 23.2 Total 26 29 ATTACHMENT NO. 2 ATTACHMENT NO. 3 ATTACHMENT NO. 4 2400 E. Katella Avenue • Suite 800 • Anaheim, CA 92806 www.development-advisors.com February 26, 2016 Rudy Emami City Engineer Anaheim Public Works Department 200 S Anaheim Boulevard Anaheim, CA 92806 Subject: Request for Waiver of Dedication and Improvement pertaining Anaheim Boulevard and Adele Street – 327 N. Anaheim Blvd. Dear Mr. Emami: The Applicant, William C. Taormina is proposing a minor addition to a legal non-conforming body shop and car sales business that has been operating at this location for over 50 years. The objective of submitting this application for a conditional use permit is to renovate and upgrade the property in order to enhance its aesthetics and to bring it into greater conformity with the Americans with Disabilities Act (ADA) and with current building and fire codes. This letter serves as a formal request for a discretionary waiver of dedication and improvement pertaining to Anaheim Blvd. and Adele St. As part of the renovation the Applicant is proposing to bring all of the legal non-conforming activities that have occurred in the fenced area behind Anaheim Blvd. into the building. This includes outdoor work areas and a large paint booth. Therefore, the 2,847 SF addition to the existing one-story building represents a consolidation of existing activities indoors, not an expansion that would trigger AMC Section 18.40.060 pertaining to dedications and improvements. Aerial View of 327 N. Anaheim Blvd. ATTACHMENT NO. 5 AMC Section 18.40.060.80.0801 provides that before any such exemption is granted by the City Engineer, it shall be shown that either: .01 There is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which such requirements are imposed; or .02 The cost of the required dedication and improvements unreasonably exceeds the burden or impact created by the development project. The Applicant is requesting relief from the dedication and improvement requirements outlined above because the proposed addition to the building does not constitute an “expansion” under AMC Section 18.40.060; rather the proposed improvements are intended to improve the aesthetics of the property and bring the use into greater conformity with the municipal code by consolidating all of the unsightly outdoor activities inside the building. Therefore, we respectfully request approval of this request for a discretionary waiver from AMC Section 18.40.060 pertaining to Dedications and Improvements. Should you have any questions regarding this request, please contact me at (714) 606-7208 or greg@development-advisors.com. Sincerely, Greg McCafferty, Principal Development Advisors, LLC Attachment: Project Site Plan ATTACHMENT NO. 6 SHEET: PROJECT: JOB NO.: DRAWN: SCALE: DATE: STAMP: CLIENT: REVISIONS: DESIGNER: CR E 8 D E S I G N P L U S 10 0 4 W E S T W A T E R S T R E E T AN A H E I M , C A L I F O R N I A 9 2 8 0 5 Design & Prepared by Eleazar Graham TI T L E : 32 7 N O R T H A N A H E I M B O U L E V A R D , CA L I F O R N I A 92 8 0 5 SP1.0 EX I S T I N G S I T E P L A N 24'-0" 47 ' - 0 " EXISTING SITE PLAN 30'-0" 53 ' - 0 " 180'-9" 40 ' - 0 " 76 ' - 1 0 " ATTACHMENT NO. 7 SHEET: PROJECT: JOB NO.: DRAWN: SCALE: DATE: STAMP: CLIENT: REVISIONS: DESIGNER: CR E 8 D E S I G N P L U S 10 0 4 W E S T W A T E R S T R E E T AN A H E I M , C A L I F O R N I A 9 2 8 0 5 Design & Prepared by Eleazar Graham TI T L E : 32 7 N O R T H A N A H E I M B O U L E V A R D , CA L I F O R N I A 92 8 0 5 SP1.1 PR O P O S E D S I T E P L A N 24'-0" 47 ' - 0 " PROPOSED SITE PLAN 30'-0" 53 ' - 0 " 40 ' - 0 " 76 ' - 1 0 " 24'-0" 24 ' - 0 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 19 20 21 22 23 24 25 26 27 28 8'-6" 18 ' - 0 " 26 ' - 8 " 6' - 0 " 23 ' - 1 0 " 34'-4" 30'-0" 175'-4"6'-0" 24 ' - 0 " 18 8' - 8 " 14'-0" 14'-0" 29 ' - 1 0 " 16 17 12'-0" 6'-0" 9'-4"9'-4" 29 ' - 1 0 " 29 SHEET: PROJECT: JOB NO.: DRAWN: SCALE: DATE: STAMP: CLIENT: REVISIONS: DESIGNER: CR E 8 D E S I G N P L U S 10 0 4 W E S T W A T E R S T R E E T AN A H E I M , C A L I F O R N I A 9 2 8 0 5 Design & Prepared by Eleazar Graham TI T L E : 32 7 N O R T H A N A H E I M B O U L E V A R D , CA L I F O R N I A 92 8 0 5 10 ' - 2 " 3' - 0 " 13 ' - 2 " 6' - 8 " 8' - 2 " 7' - 0 " ELEVATION - EAST ELEVATION - EAST A2.0 EL E V A T I O N - E X I S T I N G 13 ' - 2 " ELEVATION - NORTH SHEET: PROJECT: JOB NO.: DRAWN: SCALE: DATE: STAMP: CLIENT: REVISIONS: DESIGNER: CR E 8 D E S I G N P L U S 10 0 4 W E S T W A T E R S T R E E T AN A H E I M , C A L I F O R N I A 9 2 8 0 5 Design & Prepared by Eleazar Graham TI T L E : 32 7 N O R T H A N A H E I M B O U L E V A R D , CA L I F O R N I A 92 8 0 5 A2.1 EL E V A T I O N S - N E W ELEVATION - EAST 7' - 0 " 16 ' - 0 " 14 ' - 0 " 7' - 0 " 8'- 6 " 13 ' - 0 " 3' - 7 " 17 ' - 6 " 12'-0" TOP - OFFICE 0'-0" FF 16'-0" TOP - GARAGE 16 ' - 4 " ELEVATION - NORTH 17 ' - 6 " 8' - 0 " SHEET: PROJECT: JOB NO.: DRAWN: SCALE: DATE: STAMP: CLIENT: REVISIONS: DESIGNER: CR E 8 D E S I G N P L U S 10 0 4 W E S T W A T E R S T R E E T AN A H E I M , C A L I F O R N I A 9 2 8 0 5 Design & Prepared by Eleazar Graham TI T L E : 32 7 N O R T H A N A H E I M B O U L E V A R D , CA L I F O R N I A 92 8 0 5 A2.2 RE N D E R I N G 2/4/2016 1 View to site from Anaheim  Blvd looking west View to site from Adele  St. looking south ATTACHMENT NO. 8 2/4/2016 2 View to site from sidewalk  looking northwest Rear Setback Front Setback 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. City of Anaheim ITEM NO. 7 PLANNING COMMISSION REPORT PLANNING AND BUILDING DEPARTMENT DATE: MARCH 7, 2016 SUBJECT: ZONING CODE AMENDMENT NO. 2016-00132 LOCATION: Commercially-zoned properties along, and west of, Brookhurst Street APPLICANT: City of Anaheim REQUEST: This request is a City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that the proposed ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the California Environmental Quality Act and recommend to the City Council approval of Zoning Code Amendment No. 2016-00132. PROPOSAL: The proposed Zoning Code Amendment would modify Section 18.08 (Commercial Uses) of the Zoning Code to allow the sale of fireworks, as a temporary use, in the C-G (General Commercial), C-NC (Neighborhood Center Commercial) and C-R (Regional Commercial) zones; however, the proposed amendment would only apply to properties located along, and west, of Brookhurst Street. The sale of fireworks would be subject to all applicable regulations of Title 6 (Public Health and Safety) including permitting the sales of fireworks during a designated period of time and requiring qualified owners to enter into an executed written agreement with the City to ensure the responsible sale of safe and sane fireworks. BACKGROUND: In 2014, Anaheim voters approved Measure E, repealing Section 6.40.030 of the Anaheim Municipal Code (AMC), which prohibited the retail sale, possession or use of safe and sane fireworks in the City of Anaheim. Measure E also authorized the Anaheim City Council to regulate the future sale and use of safe and sane fireworks within the City limits. In 2015, the Anaheim City Council adopted an ordinance that included a package of amendments to the AMC that collectively allowed for the sale and use of safe and sane fireworks. The ordinance adopted last year amended Title 6 (Public Health and Safety) and Title 18 (Zoning Code) of the Anaheim Municipal Code. Title 6 was amended to establish new regulations for the sale, use, and/or discharge of safe and sane fireworks. Title 18 was amended to allow the sale of these fireworks as a permitted temporary use within the Arena District of the Platinum Triangle Mixed Use Overlay Zone, which essentially limited sales to the Honda Center property. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ZONING CODE AMENDMENT NO. 2016-00132 March 7, 2016 Page 2 of 2 Following the adoption of the ordinance, the City entered into an agreement with Anaheim Arena Management for the sale of fireworks, which resulted in a successful inaugural pilot sales program at Honda Center. The 2015 Independence Day holiday occurred with no major fireworks-related incidents reported in Anaheim. Based on the positive results of the pilot program, the City Manager’s Office recently recommended to City Council some additional options to enhance the program for 2016. A major consideration by the City Council in re-establishing the sale and use of fireworks in Anaheim was the potential fundraising opportunity for Anaheim nonprofit organizations. The proposed enhancements to the program would provide nonprofit organizations with more time to prepare for the fireworks sales, so that they have time to organize and activate their supporters. It would also allow an additional sales location in West Anaheim which should result in much greater fundraising returns as the location would better accommodate the nonprofit organizations and schools whose supporters reside in the western portion of the City. At its meeting on February 23, 2016, City Council authorized staff to move forward with these enhancements, including establishing a second fireworks store in West Anaheim. The purpose of this Zoning Code Amendment is to accommodate a West Anaheim sales location. ANALYSIS: The second store would be located in a yet to be determined single location along, or west of, Brookhurst Street and on property zoned C-G, C-NC, or C-R. Pursuant to Chapter 6.40 (Fireworks), a qualified commercial property owner would be required to enter into a written agreement approved by the City Council prior to the sale of fireworks. As such, this process would ensure that only one single location is selected each year, thereby limiting the sale of fireworks to two single locations, including Honda Center and a location in West Anaheim. Planning Department staff would carefully review the proposed location in order to ensure that the site can accommodate the expected sales traffic. In addition, the fireworks booth would be subject to inspection by the Fire Department to ensure that fireworks are safely stored and handled. CONCLUSION: This proposal is intended to amend the Zoning Code to allow the sale of fireworks as a temporary use at a single location in West Anaheim, in addition to the previously authorized Honda Center location. Staff recommends approval of this Zoning Code Amendment as it will enhance the City’s fireworks program by increasing the benefits to participating non-profit organizations. Prepared by, Submitted by, Gustavo N. Gonzalez Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. City Council Report (February 23, 2016) 2. Draft Ordinance 200 S. Anaheim Blvd. Suite #733 Anaheim, CA 92805 Tel: (714) 765-5162 Fax: (714) 765-5164 www.anaheim.net CITY COUNCIL AGENDA REPORT City of Anaheim CITY MANAGER’S OFFICE DATE: FEBRUARY 23, 2016 FROM: OFFICE OF THE CITY MANAGER SUBJECT: 2016 ANAHEIM FIREWORKS SALES PROGRAM ATTACHMENT (Y/N): YES ITEM #03 RECOMMENDATION: That the City Council, by Motion, authorize staff to move forward with the development of the 2016 fireworks sales program utilizing a partnership with Anaheim Arena Management (AAM) that would allow all interested Anaheim nonprofits the opportunity to raise funds for their organizations through fireworks sales at the Honda Center and a second store located in west Anaheim. DISCUSSION With the passage of Measure E in 2014, Anaheim voters repealed Section 6.40.030 of the Anaheim Municipal Code (AMC) that prohibited the retail sale, possession or use of safe and sane fireworks in the City of Anaheim. Additionally, Measure E also authorized the Anaheim City Council to regulate the future sale and use of safe and sane fireworks within the City limits via ordinance. Subsequently, in advance of the 2015 Independence Day Holiday, the Anaheim City Council adopted an ordinance that included a package of amendments to the AMC that collectively allowed for the sale and use of safe and sane fireworks. The ordinance adopted last year primarily made amendments to Title 6 (Public Health and Safety) and Title 18 (Zoning Code) of the Anaheim Municipal Code. Ordinance 6323& 6324 Title 6 was amended to establish new regulations for the sale, use, and/or discharge of safe and sane fireworks in order to protect the safety of spectators, property owners, residents, and visitors of the City of Anaheim. In consultation with Anaheim Fire & Rescue as well as other key City departments, the ordinance established new rules and regulations governing the date and time in which fireworks could be sold in the City (28th of June through the 4th of July) as well as the time and locations in which safe and sane fireworks could be discharged in the City (July 4th between 10:00am and 10:00pm). Additionally, rules were established to identify locations in which fireworks could be discharged including the prohibition of safe and sane fireworks on any property in the “Wildland-Urban Interface Fire Area”, which is specifically defined as any area in the City of Anaheim located east of the Costa Mesa Freeway (State Route 55) and south of the Riverside Freeway (State Route 91). Finally, the ordinance established a series of robust enforcement provisions and fines for any violations of the fireworks ordinance. ATTACHMENT NO. 1 2016 ANAHEIM FIREWORKS SALES PROGRAM February 23, 2016 Page 2 of 2 Title 18 was amended to allow the sale of safe and sane fireworks as a permitted temporary use and to identify the location where the sales may occur. The Zoning Code amendment authorized a single point of sale as opposed to allowing multiple sales locations in other parts or zones of the City. The single sale location recommended was the Honda Center. Establishing a single point of sale allowed Anaheim Fire & Rescue staff to efficiently and effectively monitor sales activity in a manageable environment during the initial year of sales. Honda Center was also ideal as a single point of sale because the site is designed to handle large crowds and associated vehicular traffic volumes. On July 4, 2015, there were no fires or other major fireworks related incidents or injuries that were reported in Anaheim. The City had multiple enforcement teams of police officers, fire investigators and code enforcement officers deployed throughout the City from 6:00pm to midnight on the 4th, and City personnel responded to a high volume of fireworks related calls throughout the evening; the majority of those being located in the central area of the City. The City also fully staffed our respective communications centers, and the call volume was up significantly in both the Police Department and Fire & Rescue, receiving a higher than normal volume of emergency telephone calls and dispatches of field units. After the 4th of July holiday, City staff regrouped and evaluated our operations across departments and developed a list of recommendations for 2016. Some of these recommended improvements involve addressing staffing levels for both enforcement teams as well as dispatch staff in order to be able to better address the high volume of calls. Although there was a large outreach effort to the community prior to the sales program, staff recognized that more communication and education could occur prior to the holiday that would better inform residents of the rules and regulations for fireworks usage. Also, staff proposed recommended changes to the ordinance and AMC that would adjust the penalties and fines as well as provide more flexibility to personnel when citing fireworks violations. In order to address these operational recommendations, staff plans to propose amendments to the fireworks ordinance and return to council for approval of some of these improvements. Sales Program A major consideration by Council in re-establishing the sale and use of fireworks in Anaheim was the potential fundraising opportunity for Anaheim nonprofit organizations. After researching other fireworks sale models utilized by neighboring municipalities, City staff working with Anaheim Arena Management (AAM), designed a program that would provide all Anaheim nonprofits with the opportunity to raise funds for their organizations. The advantage of the Anaheim sales program is that it is open to all qualified organizations, whereas other municipalities only permit a small number of organizations to win a sales permit via lottery, often cutting out a majority of community organizations seeking the opportunity to fundraise. In Anaheim, every willing nonprofit within Anaheim was allowed to participate. Further, by utilizing the unique partnership with AAM who is well equipped to manage such a program, nonprofits participating in our program are not required to spend resources on staffing a fireworks stand and 2016 ANAHEIM FIREWORKS SALES PROGRAM February 23, 2016 Page 2 of 2 providing for all the required operating responsibilities and costs associated with a traditional stand. Last year’s nonprofit fireworks sales program as outlined in an agreement with AAM provided for the following structure: AAM agreed to remit to such qualified Anaheim nonprofit organizations thirty percent (30%) of the gross fireworks sales generated by the nonprofit's supporters through the Program (with such support to be demonstrated by the purchaser/supporter's presentation of a flyer or other document referencing the nonprofit). Additionally, AAM agreed to remit ten percent (10% not to exceed $100,000) of gross Fireworks Sales to the Anaheim Community Foundation for the support of local community events and organizations. The results of the sales pilot program were very positive in the inaugural year. The City and AAM registered more than 60 Anaheim nonprofit organizations representing a wide variety of community groups, schools and service organizations. Together those nonprofit organizations received more than $24,000 in new donations as a result of the fireworks program. Additionally, another $60,000 was provided to the community in the form of grants to the Anaheim Community Foundation and sponsorship of the City’s annual 4th of July celebration in Anaheim Hills, where safe and sane fireworks are prohibited. Furthermore, limiting fireworks sales at a single location allowed for Anaheim Fire and Rescue to have proper safety oversight of fireworks sales without burdening our City resources. After receiving positive feedback and support from our nonprofits on the sales program, we believe that there are many opportunities to enhance the program for 2016. First and foremost, we believe that providing the nonprofits with more time prior to July to organize and activate their supporters will no doubt result in much greater returns for them. Additionally, we are proposing that AAM consider operating a second fireworks store located in west Anaheim in order to better accommodate those nonprofits and schools whose supporters reside in the western portion of our community. AAM has expressed interest in partnering with the City again for 2016 and building on the momentum and success of last year’s program. With Council’s approval, City staff would like to move forward with developing the fireworks program for 2016 based on the model that was established last year, but with a few improvements mentioned above. The next steps would be to first seek the appropriate zoning code changes from the Planning Commission and then return to the City Council in March for minor amendments to the fireworks ordinance and the sales program. It is our goal to finalize the details for the 2016 program as soon as possible in order to allow our community nonprofit groups the ability to better promote the fundraiser and activate their support base. IMPACT ON BUDGET: There is no budgetary impact. City staff is seeking council direction for the 2016 Fireworks program and will return to council with the appropriate amendments to the fireworks ordinance at a later date. 2016 ANAHEIM FIREWORKS SALES PROGRAM February 23, 2016 Page 2 of 2 Respectfully submitted, Greg Garcia Deputy City Manager Attachment: 1.Ordinance 6323 2.Ordinance 6324 3.Letter from AAM ORDINANCE NO. 6323 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6 (PUBLIC HEALTH AND SAFETY) OF THE ANAHEIM MUNICIP AL CODE TO PERMIT THE SALE AND DISCHARGE OF SAFE AND SANE FIREWORKS WITHIN CERTAIN AREAS OF THE CITY BASED UPON THE FINDING AND DETERMINATION THAT (1) THE SALE OF FIREWORKS IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15304 OF THE STATE CEQA GUIDELINES AND (2) THE DISCHARGE OF SAFE AND SANE FIREWORKS IS NOT SUBJECT TO CEQA PURSUANT TO SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE STATE CEQA GUIDELINES AND IS NOT A "PROJECT", AS DEFINED IN SECTION 15378 OF THE STATE CEQA GUIDELINES. WHEREAS, at the special municipal election held on June 3, 2014, the electorate of the City of Anaheim (the "City") voted to repeal Section 6.40.030 of the Anaheim Municipal Code, which prohibits (bans) the retail sale, possession or use of "safe and sane fireworks" (as defined in Sections 12500 et seq. of the Health and Safety Code of the State of California; herein the "State Fireworks Law") in the City except pursuant to a public display permit issued by the Fire Chief, and authorized the City Council to regulate safe and sane fireworks ("Measure E"); and WHEREAS, pursuant to the will of the electorate, as expressed in the passage of Measure E, and the City'S police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, the State Fireworks Law authorizes local governments to regulate the sale, use, and/or discharge of fireworks; and WHEREAS, the City Council recognizes that illegal fireworks and those designated as "safe and sane fireworks" in the State Fireworks Law, when used improperly, may create potential hazards to the public's health, safety, and general welfare; and WHEREAS, the City Council recognizes the need to implement reasonable regulations for the sale, use, and/or discharge of safe and sane fireworks in order to protect the safety of spectators, property owners, residents, and visitors of the City of Anaheim; and WHEREAS, it is the intent of the City Council, in enacting this ordinance, to implement that portion of Measure E that allows for the use of safe and sane fireworks within certain areas of the City on certain dates and times each year; and 1 WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQ A") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, by the adoption of this ordinance, the City Council finds and determines as follows: (a) The effects of the sale of safe and sane fireworks on property within the City that is authorized for the sale of safe and sane fireworks are typical of those generated within that class of projects which consist of the minor temporary use of land having negligible or no permanent effects on the environment, including carnivals and the sales of Christmas trees, and that, therefore, pursuant to Section 15304 (Minor Alterations to Land) of the State CEQA Guidelines, the sale of safe and sane fireworks pursuant to the rules and regulations set forth in this ordinance will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and (b) The discharge of safe and sane fireworks within certain areas of the City on certain dates and times each year pursuant to the rules and regulations set forth in this ordinance is not subject to CEQA pursuant to Sections 15060( c )(2) and 15060( c )(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project", as defined in Section 15378 of the State CEQA Guidelines; and WHEREAS, it is the intent of the City Council to reasonably regulate the sale, use and discharge of safe and sane fireworks within the City to protect the public health, safety and general welfare; and WHEREAS, the City Council determines that this ordinance is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 6.40.010 (Definitions) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 6.40.010 DEFINITIONS. The following words and phrases, as used in this chapter, are defined as follows: 2 "Dangerous fireworks" shall mean "dangerous fireworks", as defined in Section 12505 of the State Fireworks Law and the relevant sections of Chapter 6, Title 19 of the California Code of Regulations) or any successor provision thereto. "Designated sales period" is the period in each calendar year during which safe and sane fireworks may be sold from a fireworks stand by a qualified owner or a retail licensee having an agreement with a qualified owner to sell safe and sane fireworks on the qualified owner's property; that is, between the hours of 10 a.m. and 10:00 p.m. on the 28th of June through the 3rd of July and between the hours of 10:00 a.m. and 9:00 p.m. on the 4th of July of the same calendar year, or at such other time(s) and/or during such other period(s) as may be set forth by resolution of the City Council from time to time. "Discharge" shall mean the act of lighting, exploding, igniting, setting-off, discharging, projecting, firing or using fireworks. "Fireworks" shall mean "fireworks", as defined III Section 12511 of the State Fireworks Law or any successor provision thereto. "Fireworks stand" shall mean any structure of a temporary nature used in the sale, offering for sale or display for sale of safe and sane fireworks, which shall be subject to the most current edition of NFPA 1124 Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles. "Gross revenues" shall mean the aggregate of all monies of every kind and nature, whether for cash, credit or barter, that are received by or for the benefit of the qualified owner or its retail licensee derived from the sales of all safe and sane fireworks and any other celebratory items approved for sale approved by the City Manager. "Gross revenues" shall not include the following: (i) The amount of any City, county, state or federal sales, use or excise taxes collected directly from customers as a part of the sales price of any safe and sane fireworks where such taxes are paid by the qualified owner or its retail licensee directly to the taxing authority; (ii) The net amount of cash or credit refunds to customers given in the ordinary course of obtaining such revenues; (iii) The amounts paid to banks and other organizations for credit card fees; or (iv) The amount of compensation paid by a retail licensee to a qualified owner authorizing the location and operation of a fireworks stand on the property of said qualified owner. "Licensed wholesale business" shall mean a person or entity holding an umevoked wholesale business license and all other necessary state and local permits and 3 licenses for the wholesale sale of fireworks and that purchases fireworks from a manufacturer, importer or exporter for resale to a qualified owner or its retail licensee for resale. "Person" shall mean an individual, partnership, corporation, joint venture or other entity of any nature. "Person" shall also include an individual or a legal entity that is an owner, tenant, lessee and/or other person with any right to possession or control of property "Public display of fireworks" shall mean a "public display of fireworks", as defined in Section 12524 of the State Fireworks Law or any successor provision thereto. "Qualified owner" shall mean a person having the right of exclusive possession or occupancy, whether by fee title or as lessee, sublessee, tenant, licensee or otherwise, of property within the City authorized under Title 18 (Zoning Code) of this code to be used for the sale of fireworks, who for the purposes of this chapter must possess a retail sales license issued by the State Fire Marshal under the State Fireworks Law that allows for the retail sale of safe and sane fireworks for private use. "Qualified Organization" shall mean either of the following: 1. Any tax-exempt charity, non-profit association or other organization organized pursuant to the Internal Revenue Code or the Revenue and Taxation Code of the State of California, or the local chapter of any such organization, that has met all of the following criteria for a continuous period of not less than one full year preceding submittal to the City for approval of the written agreement required pursuant to paragraph "B" of Section 6.40.035 (Safe and Sane Fireworks -Sale) and continues to meet said criteria for the duration of the designated sales period: (a) Is in good standing under all applicable laws; (b) Is organized primarily for veteran, patriotic, welfare, CIVIC or business betterment, religious, athletic, youth or charitable purposes specifically to benefit and/or serve the citizens of the City; and (c) Has its principal and permanent meeting place, office or service facility in the City. 2. A school, as recognized by the State of California, including elementary school, middle school, high school, or college located within the boundaries of the City, or any student group, club or organization of such a school that is officially recognized by the school. "Red flag warning" means a climatic condition based upon wind and humidity criteria which may result in the rapid spread of wildfires and is issued by the 4 National Weather Service for all or selected portions of a fire weather zone or zones. "Retail licensee" shall mean any person who holds a retail sales license issued by the State Fire Marshal under the State Fireworks Law that allows for the retail sale of safe and sane fireworks for private use. "Safe and sane fireworks" shall mean those fireworks that are defined and classified as "safe and sane fireworks" (also known as "state-approved fireworks") in Sections 12529 and 12562 of the State Fireworks Law and the relevant sections of Chapter 6, Title 19 of the California Code of Regulations, or any successor provision thereto. "State Fireworks Law" shall mean Sections 12500 et seq. of the Health and Safety Code of the State of California and its implementing regulations, as set forth in Chapter 6, Title 19 of the California Code of Regulations "Wildland-Urban Interface Fire Area" shall mean all of the area within the City of Anaheim located east of the Costa Mesa Freeway (State Route 55) and south of the Riverside Freeway (State Route 91). SECTION 2. That Section 6.40.020 (Dangerous Fireworks Prohibited) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 6.40.020 POSSESSION, SALE OR DISCHARGE OF FIREWORKS - GENERALLY. A. It is unlawful for any person to possess, store, sell, offer or make available for sale, or discharge any and all fireworks, including safe and sane fireworks, within the City limits, unless specifically allowed in this chapter. B. The sale, possession and discharge of "safe and sane fireworks" for private display shall be permitted within the City in accordance with this chapter and with such other rules and regulations as the City Council may by resolution deem necessary and advisable from time to time to effectuate the purposes of the regulations and limitations set forth in this chapter. C. No person shall manufacture, possess, sell, offer for sale, store, display, dispose of, give away, stock, or discharge any dangerous fireworks within the City of Anaheim without a permit issued by the Fire Chief. 5 SECTION 3. That Section 6.40.030 (Safe and Sane Fireworks Prohibited) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 6.40.030 SAFE AND SANE FIREWORKS -DISCHARGE. A. Discharge of Safe and Sane Fireworks. 1. It shall be lawful to discharge safe and sane fireworks within the City at the locations, during the time period(s), and in accordance with the limitations and regulations specified in this section. 2. No person under the age of 16 years shall discharge any safe and sane fireworks at any time, unless such person does so under the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this chapter. 3. It shall be unlawful for any person having the care, custody or control of a person under the age of 16 years to permit such person to discharge any safe and sane fireworks unless such minor does so under the direct supervision of a person over 18 years of age and during the hours and on the days pennitted by this chapter. B. Limitation on Places, Days and Hours of Discharge. 1. It shall be unlawful to discharge any safe and sane fireworks except on the 4th of July between the hours of 10:00 a.m. and 10:00 p.m. and/or during such other days and hours as may be established by resolution of the City Council. 2. It shall be unlawful for any person to discharge any safe and sane fireworks, or permit the discharge of safe and sane fireworks, upon or over or onto the property of another without hislher consent, or to discharge any safe and sane fireworks within ten (10) feet of any residence, dwelling, or other structure. 3. It shall be unlawful for any person to discharge any safe and sane fireworks, or pennit the discharge thereof within the following areas of the City: (a) Any public property, including, but not limited to, public streets, highways, alleys, sidewalks, parks or other publicly-owned property, buildings or facilities, except in designated areas determined by order of the City Manager or his/her designee; 6 (b) Any property within a Commercial Zone of the City (defined in Chapter 18.08 of this code), except for any nonconfonning residential use within a Commercial Zone that is used for residential purposes as of the effective date of the ordinance codified in this section; (c) Any property within an Industrial Zone of the City (defined in Chapter 18.10 of this code), except for any nonconfonning residential use within an Industrial Zone used for residential purposes as of the effective date of the ordinance codified in this section; (d) Any property in the Wildland-Urban Interface Fire Area; (e) Any premises where gasoline or other flammable liquids are stored or dispensed; and (f) In "high fire hazard areas," as designated by the Fire Chief. 4. Nothing in this section shall preclude the use or discharge of safe and sane fireworks, consistent with this chapter, on appropriate privately owned areas within a Single-Family or Multiple-Family Residential Zone (defined in Chapters 18.04 and 18.06 of this code). 5. Nothing in this section shall preclude the use, discharge or presentation of any public fireworks display authorized under and pursuant to Section 6.40.040 of this code. 6. It shall be unlawful to discharge any safe and sane fireworks on the dates and during the times pennitted in this section when a Red Flag Warning has been issued by the N ational Weather Service. In the event of a Red Flag Warning on July 4, the Fire Chief may, with the concurrence of the City Manager and to the extent allowed by State law, pennit the discharge of safe and sane fireworks on another date and during such time(s) as he or she may detennine appropriate and, to that end, shall disseminate notice to members of the general public in whatever manner he detennines appropriate. SECTION 4. That new Section 6.40.035 (Safe and Sane Fireworks -Sale) is hereby added to Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code to read in full as follows: 6.40.035 SAFE AND SANE FIREWORKS -SALE. A. Sale of Safe and Sane Fireworks. The retail sale of safe and sane fireworks on property within the City that is authorized for the sale of safe and sane fireworks 7 shall be lawful so long as said sale is conducted (i) during a designated sales period, (ii) only by a qualified owner or by a retail licensee having an agreement with a qualified owner to sell safe and sane fireworks on the qualified owner's property, and (iii) in accordance with the limitations and regulations set forth in this section. B. Prerequisites to Sale of Safe and Sane Fireworks -Agreement with Qualified Owner. Prior and as a condition precedent to the commencement of the retail sale of safe and sane fireworks, a qualified owner shall enter into and execute a written agreement approved by the City Council that will include the following material terms and such other terms, provisions and conditions as may be recommended by the City Manager and/or Fire Chief and approved by the City Councilor the duly authorized representative of the City Council: 1. The method and procedure by which one or more qualified organizations will be selected to participate in the receipt of a portion of the gross revenues from the sale of safe and sane fireworks. 2. The requirement that a portion of the gross revenues received by a qualified owner or its retail licensee (as the case may be) from the sale of safe and sane fireworks shall be remitted to the qualified organization(s) in accordance with the agreement. C. Prerequisites to Sale of Safe and Sane Fireworks -General Requirements. Prior and as a condition precedent to the commencement of the retail sale of safe and sane fireworks, a qualified owner or its retail licensee (as the case may be) shall comply with the following requirements: 1. That a qualified owner or its retail licensee (as the case may be) shall have a retail sales license issued by the State Fire Marshal, a temporary sales tax permit issued by the State Board of Equalization, and a City business license and shall demonstrate compliance with those pennit requirements to the Fire Chief upon request. 2. That a qualified owner or its retail licensee (as the case may be) shall provide evidence of valid insurance policies in form and amount and with coverage types required by the City's Risk Manager, which policies will name the City, its officers, officials, agents and employees as additional insureds. 3. That a plan indicating the number, location and hours of operation of the fireworks stand(s), the number of staff on duty, and such other requirements as may be required by the Fire Chief or by the State Fireworks Law shall be submitted to and approved by the Fire Chief. 8 4. That a qualified owner shall be responsible for the collection and remittance of sales tax and all amounts that it or its retail licensee is contractually bound to pay to the City and to a qualified organization(s). 5. That a qualified owner shall submit to the City Manager within thirty (30) calendar days following the end of the designated sales period a financial statement by the treasurer or financial officer of the qualified owner or its retail licensee, setting forth the total gross revenues from the fireworks stand(s) operated by the qualified owner or its retail licensee and identify the name(s) and the amount(s) paid or to be paid to the qualified organization(s) in accordance with the written agreement described in paragraph B of this Section 6.40.035. 6. That a qualified owner shall submit to the City Manager within ninety (90) days following the end of the designated sales period the report filed by the qualified owner or its retail licensee with the State Board of Equalization. 7. That the qualified owner shall payor cause its retail licensee to pay to the City regulatory fees in an amount established either by resolution of the City Councilor as approved by the City Council pursuant to the terms of the written agreement described in paragraph B of this Section 6.40.035, representing the reasonable regulatory costs to the City for issuing licenses and permits, performing investigations, inspections and audits, and the administrative enforcement and adjudication thereof. 8. That a qualified owner and its employees, agents and representatives shall comply and shall cause its retail licensee (if any) and its employees, agents and representatives to comply with all of the requirements of the State Fireworks Law in connection with the sale of safe and sane fireworks. 9. That a qualified owner that enters into an agreement with a retail licensee to conduct the sales of safe and sane fireworks shall include within that agreement the terms and provisions of the qualified owner's agreement with the City with an express acknowledgement and agreement by such retail licensee to fully comply with all of the terms and conditions of a qualified owner's agreement with the City. 10. That at least one or more representatives of a qualified owner or its retail licensee (as the case may be) shall attend a "safe and sane fireworks" stand operator safety seminar supervised by a representative of the Fire Chief and conducted by each licensed wholesale business that is supplying safe and sane fireworks to a qualified owner or its retail licensee. 11. That a qualified owner and its retail licensee and their respective employees, agents and representatives shall comply with the following standards as to the sale of safe and sane fireworks: 9 (a) All retail sales of safe and sane fireworks shall be pennitted only from within a fireworks stand; retail sales of safe and sane fireworks from any other building or structure is hereby prohibited. Fireworks stands shall comply with and are subject to the State Fireworks Law, the California Fire Code, and the most current edition of the NFP A 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles. (b) The Fire Chief may establish and amend from time to time such additional rules and regulations for the operation of fireworks stands detennined appropriate and necessary for the public safety or as may be required under the State Fireworks Act, the California Fire Code, and/or the most current edition of the NFP A 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles. A copy of any such rules and regulations shall be posted in a prominent place in each fireworks stand. Failure to comply with the rules and regulations shall be grounds for the immediate revocation of any pennit granted under this chapter. SECTION 5. That Section 6.40.080 (Enforcement of Chapter) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 6.40.080 ENFORCEMENT OF CHAPTER. A. This chapter shall be enforced in accordance with the procedures set forth in chapter 1.20 of this code, relating to the issuance of citations, imposing administrative fines, right to appeal, and the right for an administrative hearing. B. The Fire Chief or any designated representative of the Fire Department is authorized and may enforce the provisions of this chapter. In addition to any other persons authorized by law, the Fire Chief or any representative of the Fire Department or Police Department of the City of Anaheim, or other City official authorized to enforce the Anaheim Municipal Code may seize, take, remove or cause to be removed all stock of fireworks offered or exposed for sale, manufactured, sold, possessed, stored, handled, discharged or used in violation of this chapter, and shall have the duty of enforcing the provisions of this chapter. Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law. In connection with such enforcement, they are authorized to enter, free of charge, at any reasonable time, any place of business, or to approach any person apparently conducting or employed in the operation of a business or the manufacture, sale, possession, storage, handling, discharge or use of prohibited fireworks, to verify compliance with the provisions of this chapter and with the Unifonn Fire Code and any other 10 Anaheim Municipal Code provIsIOns related to fireworks enforcement. Such persons are hereby authorized to issue citations to persons violating any of the provisions of this chapter to appear in the Court of the North Orange County Judicial District at a time fixed in the citation and such citation shall be deemed to be a complaint charging violations of this chapter. SECTION 6. That Section 6.40.090 (Severability) and Section 6.40.090 (Enforcement by Fire Captains) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same are hereby, repealed. SECTION 7. That Section 6.40.100 (Penalty for Violations) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 6.40.100 ADMINISTRATIVE FINES AND PENALTIES. A. Purpose and Scope. This section authorizes the imposition of administrative fines on any person who violates any provision of this chapter in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. This section governs the imposition, enforcement, collection and administrative review of all administrative fines, related to: (1) the possession, use, storage, sale and/or display of those fireworks classified as "dangerous fireworks" in California Health and Safety Code Section 12500 et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and (2) the use of safe and sane fireworks on or at dates, times and/or locations other than those permitted by this chapter. Said administrative fines are imposed under authority of Section 53069.4 of the California Government Code, Section 12557 of the California Health and Safety Code, and the police power of the City. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized under Section 6.40.080 or chapter 1.20 of this code; and the issuance of a citation to any person constitutes but one remedy of the City to redress violations of this chapter by any person. By adopting this chapter, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this chapter by any person, which this City may otherwise pursue. The imposition of fines related to "dangerous fireworks" under this chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks. 11 Fines collected pursuant to this chapter related to "dangerous fireworks" shall not be subject to Section 12706 of the California Health and Safety Code, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the County Treasurer. However, the City shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of "dangerous fireworks" seized by the City, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the City shall hold in trust $250 or 25% of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of "dangerous fireworks." Because of the serious threat of fire or injury posed by the use of "dangerous fireworks" that can result from persistent or repeated failures to comply with the provisions of this chapter and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of real property for all violations of this chapter existing on their real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine. B. Penalties for Violations. 1. Each person who violates any provIsIOn of this chapter as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine or fines as provided below: Number of Amount of Administrative Late Total Amount Offenses in One-Penalty Charge of Penalty Year Period plus Late Charge First $1,000.00 $250.00 $1,250.00 Second $2,000.00 $500.00 $2,500.00 Third $3,000.00 $1,000.00 $4,000.00 2. Each person who uses "safe and sane fireworks" on or at dates, times and/or locations other than those permitted by this chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below: 12 Number of Amount of Administrative Late Total Amount Offenses in One-Penalty Charge of Penalty Year Period plus Late Charge First $500.00 $250.00 $750.00 Second $1,000.00 $500.00 $1,500.00 Third $1,500.00 $1,000.00 $2,500.00 3. Payment of an administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this chapter. SECTION 8. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that anyone ( or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 9. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 10. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. 13 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ~day of APRIl. ,2015, and thereafter passed and adopted at a regular meeting of said City Council held on the 5th day of MAY ,2015, by the following roll call vote: AYES: Mayor Pro Tern Kring, Council Members: Murray, Brandman, and Vanderbilt NOES: Mayor Tait ABSENT: None ABSTAIN: None CITY OF ANAHEIM 1~/jJ BY: __ -+ __ ~~ __ (~!/_/ __ ~·~ __ · ________ ___ THE CITY OF ANAHEIM ATT~ CITY CLERK OF ~EIM 108998-v3/TJR 14 ORDINANCE NO. 6324 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 (ZONING CODE) OF THE ANAHEIM MUNICIPAL CODE TO INCLUDE THE DEFINITION OF FIREWORKS AND TO PERMIT THE SALE OF FIREWORKS AS A TEMPORARY USE WITHIN THE ARENA DISTRICT OF THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE BASED UPON THE FINDING AND DETERMINATION THAT THE SALE OF FIREWORKS AS A TEMPORARY USE WITHIN THE ARENA DISTRICT OF THE PTMU OVERLAY ZONE IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15304 OF THE STATE CEQA GUIDELINES. (ZONING CODE AMENDMENT NO. 2015-00032) WHEREAS, at the special municipal election held on June 3,2014, the electorate of the City of Anaheim (the "City") voted to repeal Section 6.40.030 of the Anaheim Municipal Code, which prohibits (bans) the retail sale, possession or use of safe and sane fireworks in the City except pursuant to a public display permit issued by the Fire Chief, and authorized the City Council to regulate safe and sane fireworks ("Measure E"); and WHEREAS, pursuant to the will of the electorate, as expressed in the passage of Measure E, and the City'S police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council ofthe City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, in order to implement that portion of Measure E that allows for the sale of safe and sane fireworks in the City, the Planning Director has initiated an amendment to the Zoning Code to include the sale of safe and sane fireworks as a permitted use and to identify the zoning district or districts of the City within which the sale of safe and sane fireworks may occur; and WHEREAS, the City Council desires to amend the Zoning Code to permit the sale of fireworks as a temporary use within the Arena District of the Platinum Triangle Mixed Use (PTMU) Overlay Zone; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and detennines that the effects of the sale of fireworks as a temporary use within the Arena District of the Platinum Triangle Mixed Use (PTMU) Overlay Zone and the adoption of this Ordinance (collectively, the "Proposed Project") are typical of those generated within that class of projects which consist of the minor temporary use of land having negligible or no pennanent effects on the environment, including carnivals, sales of Christmas trees, etc. and that, therefore, pursuant to Section 15304 (Minor Alterations to Land) of the State CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the City Council detennines that this ordinance is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Table 20-C (Temporary Uses and Structures: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Section 18.20.030 (Mixed Use District Uses) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 20-C TEMPORARY USES AND P=Pennitted by Right STRUCTURES: PLATINUM TRIANGLE C=Conditional Use Pennit MIXED USE (PTMU) OVERLAY ZONE* Required N=Prohibited *Does not apply to the Office District; see GF=Ground Floor Commercial subsection 18.20.030.010 for Office District uses. PTMU GF Special Provisions Contractor's Office & p Subject to § 18.38.105 Storage (Contractor's Office & Storage) Open-Air Festivals P Requires all applicable City pennits Special Events P Subject to § 18.38.240 (Special Events) Sale of Fireworks (applies Only pe!1nitted in the Arena p District and reguires all applicable only to the Arena District} City and State Qe!1nits 2 SECTION 2. That Section 18.20.200 (Implementation) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.20.200 IMPLEMENTATION. An approved final site plan and a development agreement between the property owner and the City of Anaheim are required for all development under the PTMU Overlay Zone except as exempt under subsection 18.20.200.020.0202 (Development Agreement Exemptions) . . 010 Final Site Plan Review. A final site plan application shall be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and the Platinum Triangle Master Land Use Plan. Said application shall include, but not be limited to, site plans, floor plans, elevations, landscape plans, sign plans and any other such information as determined by the Planning Director. The approved final site plan shall be attached as an exhibit to the development agreement as required pursuant to subsection 18.20.200.020 (Development Agreement) and submitted to Planning Commission and City Council for review at a noticed public hearing . . 0101 Master Site Plan. For projects over twelve (12) acres, an approved master site plan may be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan and attached to the development agreement in lieu of an approved final site plan. If a master site plan is attached to the development agreement, final site plans shall be subject to review and approval by the Planning Commission at a noticed hearing and conditions of approval may be imposed by the Planning Commission to ensure conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan prior to issuance of building permits. A master site plan shall include any such information as determined by the Planning Director. .0102 Variances. A final site plan or master site plan which includes a request for a variance shall have an application for said variance processed concurrently with the development agreement. .0103 Conditional Use Permit. A final site plan or master site plan which includes a request for a conditional use permit shall have an application for said conditional use permit processed concurrently with the development agreement. 3 .020 Development Agreement. A development agreement shall be processed for all development under the PTMU Overlay Zone per Resolution No. 82R-565 (Procedures Resolution) adopted by the City pursuant to Section 65865 of the Development Agreement Statute, except as otherwise exempt under subsection 18.20.200.020, paragraphs .0202 (Development Agreement Exemptions) and .0203 (Gateway District Sub-Area B). A final site plan or master site plan found to be in accordance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan shall be attached as an exhibit to said development agreement. .0201 The Platinum Triangle Standardized Development Agreement. For all development in the Katella, Gene Autry, Gateway, Orangewood and Office Districts, the form of the development agreement shall be as approved per City Council Resolution No. 2004-179, as may be amended, on file in the Office of the City Clerk, except as otherwise indicated under subsection 18.20.200.020.0204 (Development Agreements in conjunction with a Master Site Plan). .0202 Development Agreement Exemptions. Temporary Uses and Structures. as described in Table 20-C (Temporarv Uses and Structures: Platinum Tria11l..de Mixed Use (PTMU) Overlay Zone) of Section \8.20.030 (Mixed Use District Uses) of this Chapter arc exempt fi'om the development agreement requirements. In addition, following FollO\ving construction and commencement of operation of a project that has been implemented pursuant to an approved development agreement, the following projects or improvements do not require a development agreement; however, plans for said projects or improvements shall be submitted to the Planning Department for review and approval for consistency with all applicable provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan prior to the issuance of building, landscape or sign permits . . 01 Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building . . 02 Minor building additions or improvements interior to or at the rear of a building or development complex which are not visible from the public right-of-way; do not exceed five percent (5%) of the building's gross square footage or one thousand (1,000) square feet, whichever is lesser; are in substantial conformance with the building envelope; and are in conformance with the design plan and the zoning and development standards set forth in this chapter. .03 Exterior fac;ade improvements which do not add to the gross square footage of a building or development complex, are not visible from the public right-of-way, and are in substantial conformance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan. 4 .04 Signage, including wall signs and on-site directionallinformational signs and which signs are in conformance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan . . 05 Landscape/hardscape improvements or modifications which are not in connection with building modifications and are in conformance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan. .06 Conditionally permitted uses that will not increase the square footage or parking demand of the existing development as determined by the Planning Director and City Engineer. .0203 Gateway District Sub-Area B. Multiple-Family development in the Gateway District Sub-Area B, as authorized by approved Conditional Use Permit No. 2003-04763, shall be exempt from the requirement for the property owner to enter into a development agreement with the City of Anaheim . . 0204 Development Agreements in conjunction with a Master Site Plan. The form of a development agreement used in conjunction with a master site plan for all development within the Katella, Gene Autry, Gateway, Orangewood and Office Districts shall be as approved per City Council Resolution No. 2004- 179, as it may be amended, on file in the Office of the City Clerk, with the exception that the term "final site plan" shall be replaced with "master site plan" and that time extensions may be requested provided that project milestones are met as indicated in the development agreement. .030 Environmental Review. Development agreement review by the Planning Commission shall include an environmental determination for the proposed project as depicted in the final site plan or master site plan. SECTION 3. That Section 18.36.060 (Temporary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.36.060 TEMPORARY USE CLASSES. The following use classes are intended to describe those uses that are allowed for a limited and fixed period of time . . 010 Carnivals & Circuses. This use class consists of the temporary operation of a commercial carnival or circus for entertainment, but not for promotional purposes for a business. 5 .020 Christmas Tree & Pumpkin Sales. This use class consists of the sale of Christmas trees, Christmas tree stands, and Christmas wreaths on sale prior to December 25th of each year. The sale of trees and wreaths made of synthetic materials is not included. The use class also includes the sale of pumpkins prior to October 31 st of each year. .030 Contractor's Office & Storage. This use class consists of temporary structures for the housing of tools and equipment or for supervisory offices in connection with major construction projects during the progress of the construction on such projects . . 040 Sale of Fireworks. This usc class consists of the temporary sale of "fireworks"" as that tcnn is defined in Section 18.9') .090 CT" Words. Terms and Phrases) of Chapter 18.92 ofthis Code. :-G4G.050 Open-Air Festivals. This use class consists of outdoor events oriented to tourists and/or visitors. Such events may include a public gathering, speech, concert, presentation or show. ~.060 Real Estate Tract Office. This use class consists of one temporary real estate office and temporary real estate subdivision or tract sign located on any new subdivision located within the City. ~.070 Real Estate Tract Signs. This use class consists of temporary signs advertising a contiguous grouping of residential lots or units for sale or lease. ~.080 Special Events. This use class consists of any event, promotion or sale sponsored by a business, shopping center or organization that is held outside the confines of the building, whether or not a business license is required, and that may include, or be limited to, the display of temporary signs, flags, banners, fixed balloons, rides, games, booths or similar amusement devices, whether or not a fee or admission is charged. SECTION 4. That Section 18.92.090 ("F" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.92.090 "F" WORDS, TERMS AND PHRASES. "Family." An individual or a collective body of persons, living together as a single housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other, as distinguished from a group occupying a boardinghouse, lodging house, 6 club, fraternity, sorority, hotel, motel, or any residential or group care facility requiring a conditional use permit. "Family Day Care." Regularly provided care, protection and superVISIOn of fourteen (14) or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians of such children are away. The term "Provider," as used herein, means a person who operates a "Family Day Care" home and is licensed or registered pursuant to the provisions of Chapter 3.6 of Division 2 (commencing with Section 1597.30) of the California Health and Safety Code. "Family Day Care Home, Large." A home, located in a single-family dwelling in a residential zone, which provides family day care to nine (9) to fourteen (14) children, including children who reside at the home, as defined in regulations of the California Department of Social Services, and meeting the criteria and standards set forth in Section 18.38.140 (Large Family Day Care Homes) of Chapter 18.38 (Supplemental Use Regulations). "Family Day Care Home, Small." A home, located in a single-family dwelling in a residential zone, which provides family day care to eight (8) or fewer children, including children who reside at the home, as defined in regulations of the California Department of Social Services. "Fences, Walls, Hedges and Berms." A continuous barrier (including gates) which separates, screens, encloses or marks a boundary of a property or development. The term "Continuous Barrier," as used herein, includes: any masonry or rock wall; any wood, iron, steel, plastic, glass, fiberglass, chainlink, simulated wood or simulated metal fence; any shrubbery, landscaping and/or trees that have grown together such that they completely separate, screen or enclose a property or development; any landscaped earthen berm; and any natural or fabricated barrier which serves as a continuous screen to prevent intrusion, or to mark a boundary within or around a property. "Figure Model." Any person, male or female, either nude or semi-nude, who is to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct. "Figure Model Studio." Any premises where there is conducted the business of furnishing, providing, or procuring male or female persons in the nude or semi- nude to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct by persons who pay a fee or other consideration, compensation, or gratuity for any of those services. "Fire\\ orks". Those fireworks that are defined and classitied as Safe and Sane Fireworks (also kmmn as "state-approved fireworks") in Sections 12529 and 1756 7 of the Health and Safety Code of the State of Califomia and the relevant 7 sections of Chapter 6. Title 19, Califomia Code of Regulations). or any successor provision thereto. subiect to regulation by the City Council. "Floodplain." Area susceptible to flooding, defined as the "regulatory floodway" and designated as a "special flood hazard area" (subject to a one percent (1 %) or greater chance of flooding in any given year) on the applicable Flood Insurance Rate Maps, or as designated by the City Engineer as being equivalent to a regulatory floodway or special flood hazard area. "Floor Area, Gross." The sum of the horizontal areas of each floor of a building, measured from the interior faces of the exterior walls or from the centerline of walls separating two (2) buildings, but not including underground parking, uncovered steps or exterior balconies. "Floor Area, Livable." The sum of the horizontal areas of each floor of an individual residential dwelling unit, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) dwelling units, but not including floors that are not capable of containing a habitable room or areas used, or designed to be used for, enclosed parking. "Floor Area Ratio." The gross floor area of all buildings and structures on the lot, excluding parking structures, but including covered storage areas, divided by the total lot area. "Fortunetelling." A business involving fortunetelling. The term "fortunetelling" shall mean the telling of fortunes, forecasting of futures, or furnishing any information not otherwise obtainable by the ordinary processes of knowledge; by means of any occult or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other similar practice, craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature, or engaging in, practicing or carrying on any art, profession or business, the advertisement and practice of which is regulated by this chapter. SECTION 5. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase 8 thereof, irrespective of the fact that anyone ( or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 6. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 7. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 21 st day of APRIl. , 2015, and thereafter passed and adopted at a regular meeting of said City Council held on the ~ day of MAY ,2015, by the following roll call vote: AYES: Mayor Pro Tern Kring, Council Members: Murray, Brandrnan, and Vanderbilt NOES: Mayor Tait ABSENT: None ABSTAIN: None CITY OF ANAHEIM CITY CLERK OF T~EIM 107973-v3/TJR 9 REDLINED TO SHOW REVISIONS TO CURRENT MUNICIPAL CODE SECTIONS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TABLE 8-C (TEMPORARY USES AND STRUCTURES: COMMERCIAL ZONES) OF SECTION 18.08.030 (USES) OF CHAPTER 18.08 (COMMERCIAL ZONES) OF TITLE 18 (ZONING CODE) OF THE ANAHEIM MUNICIPAL CODE TO PERMIT THE SALE OF FIREWORKS AS A TEMPORARY USE WITHIN THE "C-G" GENERAL COMMERCIAL ZONE, THE "C-NC" NEIGHBORHOOD CENTER COMMERCIAL ZONE AND THE "C-R" REGIONAL COMMERCIAL ZONE OF THE CITY LOCATED ON EITHER SIDE OF BROOKHURST STREET AND ON ALL SIMILARLY ZONED PROPERTIES LOCATED WEST OF BROOKHURST STREET SUBJECT TO THE REQUIREMENTS OF SECTION 6.40.030 (SAFE AND SANE FIREWORKS PROHIBITED) OF CHAPTER 6.40 (FIREWORKS) OF TITLE 6 (PUBLIC HEALTH AND SAFETY) OF THE ANAHEIM MUNICIPAL CODE, BASED UPON THE FINDING AND DETERMINATION THAT THE SALE OF FIREWORKS AS A TEMPORARY USE IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15304 OF THE STATE CEQA GUIDELINES. (ZONING CODE AMENDMENT NO. 2016-_____) WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, this City Council desires to amend Table 8-C (Temporary Uses and Structures: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18 of the Anaheim Municipal Code to permit the sale of safe and sane fireworks as a permitted temporary use on properties which are located within the "C-G" General Commercial Zone, the "C-NC" Neighborhood Center Commercial Zone and the "C-R" Regional Commercial Zone of the City of Anaheim on either side of Brookhurst Street and on all similarly zoned properties located west of Brookhurst Street, subject to the requirements of Section 6.40.030 (Safe and Sane Fireworks Prohibited) of Chapter 6.40 (Fireworks) of Title 6 (Public Health And Safety) of the Code; and Formatted: Font: Not Italic Formatted: Justified, Indent: Left: 3.5" Formatted: Font: Not Italic Formatted: Font: Bold, Font color: Red ATTACHMENT NO. 2 2 WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that the effects of the sale of fireworks as a permitted temporary use on properties which are located within the "C-G" General Commercial Zone, the "C-NC" Neighborhood Center Commercial Zone and the "C-R" Regional Commercial Zone of the City of Anaheim and which are also located on either side of Brookhurst Street and on all similarly zoned properties located west of Brookhurst Street (the "Proposed Project") are typical of those generated within that class of projects which consist of the minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. and that, therefore, pursuant to Section 15304 (Minor Alterations to Land) of the State CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the City Council determines that this ordinance is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Table 8-C (Temporary Uses and Structures: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 8-C TEMPORARY USES AND STRUCTURES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited C- NC C- R C- G O- L O- H Special Provisions Carnivals & Circuses P P P N N Subject to §18.38.095 and Chapter 3.32 3 Christmas Tree & Pumpkin Sales N P P N N Subject to §18.38.240 Contractor’s Office & Storage P P P P P Subject to §18.38.105 Sale of Fireworks P P P N N Only permitted on C-G, C-NC and C-R zoned properties located on either side, or west, of Brookhurst Street, subject to Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety). Special Events P P P P P Subject to §18.38.240 SECTION 2. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. 4 SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2016, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2016, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 112721-v4/TJR 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.