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PC 2016/11/14 City of Anaheim Planning Commission Agenda Monday, November 14, 2016 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California  Chairperson: Mitchell Caldwell  Chairperson Pro-Tempore: Paul Bostwick  Commissioners: Jess Carbajal, Bill Dalati, Grant Henninger, Michelle Lieberman, John Seymour  Call To Order - 5:00 p.m.  Pledge Of Allegiance  Public Comments  Consent Calendar  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, November 10, 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 11-14-2016 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 provide public comments on agenda items with the exception of public hearing items. Consent Calendar There will be no separate discussion on the item prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request that the item be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1A CONDITIONAL USE PERMIT NO. 2013-05690A (DEV2013-00087) Location: 907 South Beach Boulevard Request: The applicant requests a determination of substantial conformance by the Planning Commission to approve amended exhibits for a previously-approved community center and banquet hall. Motion Project Planner: Lindsay Ortega lortega@anaheim.net 11-14-2016 Page 3 of 6 Public Hearing Items ITEM NO. 2 VARIANCE NO. 447A (DEV2016-00046) Location: 300 South East Street Request: The applicant requests an amendment to a previously-approved variance to remove service station fuel tanks and dispensers and to permit and retain an existing automotive repair facility. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Nick Taylor njtaylor@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2015-05851 VARIANCE NO. 2016-05079 (DEV2015-00136) Location: 558 South Rose Street Request: The following land use entitlements are being requested: (i) a conditional use permit to permit and retain an existing automotive repair facility; and (ii) a variance to permit fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Lindsay Ortega lortega@anaheim.net 11-14-2016 Page 4 of 6 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2016-05884 (DEV2016-00084) Location: 2368 East Orangethorpe Avenue Request: The applicant requests to permit and retain an existing Brazilian Jiu Jitsu studio within a multi- tenant industrial complex. 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: Lindsay Ortega lortega@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2016-05886 VARIANCE NO. 2016-05080 (DEV2016-00101) Location: 1088 North Tustin Avenue Request: The following land use entitlements are being requested: (i) a conditional use permit to permit an indoor entertainment facility (known as an “escape room”) within an existing office building; and (ii) a variance to permit fewer parking spaces than required by the Zoning Code (3 of Coin). Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net 11-14-2016 Page 5 of 6 ITEM NO. 6 PARCEL A DEVELOPMENT AGREEMENT NO. 2016-00005 CONDITIONAL USE PERMIT NO. 2016-05860 VARIANCE NO. 2016-05066 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00131 (DEV2016-00015) Location: 2210 & 2220 East Orangewood Avenue Request: The following land use entitlements are being requested: (i) a development agreement between the City of Anaheim and Golden Road Brewing; (ii) a conditional use permit to permit the construction of a brew pub to include an event space and an outdoor dining and recreational area with on and off-premises sales and consumption of alcoholic beverages; (iii) a variance to permit fewer parking spaces than required by the Zoning Code; and (iv) a determination of public convenience or necessity to permit a brew pub with on and off-premises sales and consumption of alcoholic beverages. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 32 (In-Fill Development Projects) Categorical Exemption. PARCEL B CONDITIONAL USE PERMIT NO. 2016-05890 (DEV2016-00015) Location: 2130 East Orangewood Avenue Request: To permit off-site parking at 2130 East Orangewood Avenue for a brew pub proposed at 2210 and 2220 East Orangewood Avenue. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 32 (In-Fill Development Projects) Categorical Exemption. Motion Request for continuance to November 28, 2016 Project Planner: Amy Vazquez avazquez@anaheim.net Adjourn to Monday, November 28, 2016 at 5:00 p.m. 11-14-2016 Page 6 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1:00 p.m. November 9, 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. 1A PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 14, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05690A - REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE LOCATION: 907 South Beach Boulevard (Arab American Community Center) APPLICANT/PROPERTY OWNER: The applicant is Max Aranki, representing the property owner, the Arab American Community Center. REQUEST: The applicant is requesting a determination of substantial conformance by the Planning Commission to approve amended exhibits for a previously-approved community center and banquet hall. RECOMMENDATION: Staff recommends the Planning Commission determine that the revised exhibits are in substantial conformance with the original approval. BACKGROUND: The 1.28-acre project site is developed with a 13,600 square foot commercial building that was formerly occupied by a Denny’s restaurant. The property is located in the General Commercial (C-G) zone and is designated for Corridor Residential land uses by the General Plan. Surrounding land uses include apartments to the east across Beach Boulevard, motels to the north and south, and single family homes to the west. In 2014, the Planning Commission approved Conditional Use Permit 2013-05690 to establish a community center and banquet facility in the existing commercial building. The Commission also approved a Type 47 (On Sale General – Eating Place) alcoholic beverage license in conjunction with the proposed use. PROPOSAL: The applicant is requesting to amend the previously-approved exhibits in conjunction with the CUP. The original approval included major interior and exterior improvements to the property, such as new asphalt pavement and parking striping, installation of a landscaped planter along Beach Boulevard, the installation of an eight-foot high wall along the rear property line adjacent to the single family homes (including an adjacent five foot wide landscape planter), and a major interior and exterior remodel of the existing building. Due to financial constraints, the applicant is requesting to amend the previously-approved CUP exhibits to permit the use of the existing building as a community center and banquet hall without the completion of the interior and exterior remodel originally proposed. CONDITIONAL USE PERMIT NO. 2013-05690A November 14, 2016 Page 2 of 3 To date, the applicant has completed the construction of the eight-foot high wall along the rear property line, as well as the resurfacing and restriping of the parking lot. The applicant submitted a letter indicating that the landscape planter along the rear property line would be improved with a new irrigation system within the next six months, as well as improvements to the front landscape planter adjacent to Beach Boulevard, including the removal of the two 4-foot high freestanding directional signs located adjacent to both driveways along Beach Boulevard. The previously-approved interior remodel included a banquet hall and community center with three major components. The new proposal would retain these three uses, which includes a library, classroom space, and a banquet hall; however, due to financial constraints, the applicant now proposes to use the existing floor plan layout which would reduce the approved banquet hall size from 5,000 square feet to 3,500 square feet with minimal tenant improvements. Below is a chart which compares all of the uses within the building (approved and proposed): Staff recently contacted a neighbor who expressed concerns to the Planning Commission at the February 24, 2014 public hearing when the project was originally approved. The neighbor’s property is located behind the subject site along Hayward Street. The neighbor expressed concerns regarding compliance with all originally established conditions of approval, especially regarding the installation of the required five foot wide landscaped planter along the rear property line. The neighbor indicated that the adjacent residential properties would be impacted by potential loitering and disruptions that the banquet hall would have on their properties and requested the construction of an 8-foot high wall and landscape buffer as a way to mitigate the potential impacts on their properties. The applicant has submitted a letter indicating that the landscaped planter will be completed (including an irrigation system) within 6 months of this approval. Based on the applicant’s commitment to installing the landscape planter and irrigation system within 6 months of this approval, as well as the applicant demonstrating an effort to comply with all other conditions of approval, staff supports the applicant’s request to amend the previously-approved exhibits. Approved Use Approved Activities Approved Hours Approved Size Proposed Size Library Educational programs, poetry readings, research/ study 10:00 a.m. - 8:00 p.m. 3,500 s.f. 3,500 s.f. Classroom Music recitals, dance classes, language classes, after school programs 10:00 a.m. - 8:00 p.m. 1,500 s.f. 1,500 s.f. Banquet Hall Weddings, parties with catered food (to include alcoholic beverages), cultural events, business fairs, community events 10:00 a.m. - 10:00 p.m. 5,000 s.f. 3,500 s.f. CONDITIONAL USE PERMIT NO. 2013-05690A November 14, 2016 Page 3 of 3 ANALYSIS: The Zoning Code permits banquet facilities and community centers, including the service of alcoholic beverages for on-premises consumption, in this zone subject to the approval of a conditional use permit in order to determine compatibility with surrounding land uses. This substantial conformance request, however, only includes the amendment of previously-approved exhibits; the community center, library, and banquet hall would operate in the same manner in which the original proposal was approved, and all originally-approved conditions of approval would remain. Some of these conditions include the following to ensure that the impacts of the banquet hall on surrounding properties are minimized:  Employees shall monitor the rear parking lot to deter loitering and alcohol consumption outside the facility during banquet events;  No programmed activities are to occur outside of the building and the rear doors shall remain closed at all times;  All banquet events shall end no later than 10:00 p.m.; and  The collection of a cover charge for the general public to attend events shall not be permitted. All previously-approved conditions of approval would remain unchanged. The applicant has expressed that the intent would be to return in the future to complete the original exterior remodel once sufficient funding is available. To ensure that these improvements are completed as originally proposed, staff recommends that a compliance review be scheduled six months from the date of this meeting (in May 2017). CONCLUSION: This substantial conformance request, as proposed, would result in a facility being operated in a manner that is similar to what was approved in 2014 and would continue to be compatible with the surrounding area. The proposed use would also be consistent with the property’s commercial zone designation which is intended to support a variety of commercial uses that support the surrounding community. Staff recommends approval of the requested amendment to the approved exhibits, as well as requiring the applicant to return to the Planning Commission for a six month compliance review to ensure all conditions of approval have been met. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Original Planning Commission Staff Report – February 24, 2014 2. Planning Commission Resolution PC2014-023 3. Plans 4. Applicant’s Letter of Request C-GRESTAURANT RS-2SINGLE FAMILY RESIDENCE C-GRETAIL C-GRELIGIOUS USE C-GECONOMY INN C-GVILLA INN C-GRESTAURANT C-GSERVICE STATION C-GROYAL PACIFIC INN C-GANAHEIM LODGE RM-4COBBLESTONEAPARTMENTS34 DU C-GRETAIL C-GMOTEL MOONLIGHT RM-4COBBLESTONEAPARTMENTS30 DU RM-4SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-GMEDICAL OFFICE C-GTRAVEL INN MOTEL C-GRAMADA LIMITED C-GRAINBOW INN C-GCOVERED WAGON MOTEL C-GLYNDY'S MOTEL RM-2CONDOS.12 DU SINGLE FAMILY RESIDENCE C-GRETAIL RM-4LYNROSE MANORAPARTMENTS72 DU RS-2SINGLE FAMILY RESIDENCE C-GSAHARA MOTEL C-GRETAILC-GRETAIL RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RM-4STONYBROOKAPARTMENTS56 DU C-GROBIN HOOD MOTEL T (MHP)ANAHEIMMOBILEESTATES W BALL RD S B E A C H B L V D S B E A C H B L V D S H A Y W A R D S T W ROME AVE W GLEN HOLLY DR W TERANIMAR DR W LYNROSE DR S O A K C R E S T P L W ROME AVE W LYNROSE DR W. BALL RD W. ORANGE AVE S . D A L E A V E S . K N O T T A V E . CERRITOS AVE S . M A G N O L I A A V E S . W E S T E R N A V E W. BROADWAY 907 South Beach Boulevard DEV No. 2013-00087 Subject Property APN: 079-893-33 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2012 W BALL RD S B E A C H B L V D S B E A C H B L V D S H A Y W A R D S T W ROME AVE W GLEN HOLLY DR W TERANIMAR DR W LYNROSE DR S O A K C R E S T P L W ROME AVE W LYNROSE DR S M A R I N C T W. BALL RD W. ORANGE AVE S . D A L E A V E S . K N O T T A V E . CERRITOS AVE S . M A G N O L I A A V E S . W E S T E R N A V E W. BROADWAY 907 South Beach Boulevard DEV No. 2013-00087 Subject Property APN: 079-893-33 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2012 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 DEPARTMENT DATE: FEBRUARY 24, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05690 LOCATION: 907 South Beach Boulevard (Arab American Community Center) APPLICANT/PROPERTY OWNER: The applicant is Max Aranki, representing the property owner, the Arab American Community Center. REQUEST: The applicant is requesting approval of a conditional use permit to allow a community center and banquet hall within an existing commercial building, including the on-site consumption of alcoholic beverages. RECOMMENDATION: Staff recommends 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. 2013-05690. BACKGROUND: The 1.28-acre project site is developed with a 13,600 square foot commercial building that was formerly occupied by a Denny’s restaurant. The property is located in the General Commercial (C-G) zone and is designated for Corridor Residential land uses by the General Plan. Surrounding land uses include apartments to the east, across Beach Boulevard; motels to the north and south; and single family homes to the west. PROPOSAL: The applicant is proposing to establish a community center and banquet facility in an existing commercial building. The applicant is also requesting a Type 47 (On Sale General – Eating Place) alcohol beverage license in conjunction with the proposed use. The proposed community center would include the following three major components: Use Size Activities Hours Library 3,500 s.f. Educational programs, poetry readings, research/ study 10:00 a.m. - 8:00 p.m. Classroom 1,500 s.f. Music recitals, dance classes, language classes, after school programs 10:00 a.m. - 8:00 p.m. Banquet Hall 5,000 s.f. Weddings, parties with catered food (to include alcoholic beverages), cultural events, business fairs, community events 10:00 a.m. - 10:00 p.m. ATTACHMENT NO. 1 CONDITIONAL USE PERMIT NO. 2013-05690 February 24, 2014 Page 2 of 3 Major interior and exterior improvements to the property are proposed. Interior improvements include the construction of the three primary activity spaces described in the previous table and the construction of a small kitchen; however, no expansion to the building is proposed. Proposed exterior improvements include new asphalt pavement and parking striping, installation of a landscaped planter along Beach Boulevard, and a major interior and exterior remodel of the existing building. The applicant also proposes to install an eight-foot high wall/wrought iron fence along the rear property line adjacent to the single family homes; this barrier would consist of a six-foot high block wall and a two-foot high wrought iron “Shepherd’s Hook” on top of the block wall. ANALYSIS: The Zoning Code permits banquet facilities, including the service of alcoholic beverages for on-premises consumption, in this zone subject to the approval of a conditional use permit in order to determine compatibility with surrounding land uses. In order to mitigate impacts to surrounding properties, employees will monitor the rear parking lot to deter loitering and alcohol consumption outside the facility during banquet events. In addition, no programmed activities will occur outside of the building and the rear doors will remain closed at all times. An eight foot high wall will be constructed along the rear property line to provide a buffer adjacent to the single family homes. All banquet events would end no later than 10:00 p.m. The collection of a cover charge for the general public to attend events would not be permitted. All of these operational limits are included as conditions of approval in the attached draft resolution. In addition, the applicant would be required to submit a security plan to the Police Department prior to commencement of banquet events. The project complies with all applicable development standards including the required number of parking spaces as described in greater detail below. The site contains a total of 100 parking spaces and the facility would require 70 spaces during peak hours when the banquet hall is fully occupied. The applicant proposes to host up to 192 attendees in the banquet hall based on the number of tables and chairs shown on the submitted floor plan. The parking requirement for this number of attendees is 60 spaces based on an assumed 3.18 patrons per car. Although the Zoning Code does not specify a parking standard for banquet facilities, this ratio is consistent with the parking standard applied to other banquet facilities throughout the city. In addition, the banquet facility will have up to 10 employees on- site during peak event periods, for a total demand of 70 spaces for the banquet facility. Because the site will provide 100 parking spaces, there will be ample parking available to accommodate up to 286 patrons and 10 employees at the banquet facility, provided that the library and classrooms do not host events concurrently with the banquet hall. A condition of approval limiting banquets to no more than 286 attendees when the other on-site uses are inactive is also included in the draft resolution. The Anaheim Police Department indicates that this property is located within Census Tract No. 869.02 which has a population of 5,614. This census tract allows for six on-sale licenses and presently there is one license within the tract. This location is also within Police Reporting District 1815 which is 178 percent above the city average in crime. As detailed in the attached Police Department memorandum, the crime rate within ¼ mile of this property is 628 percent above the city average. The calls for service within the surrounding area were primarily related to drug abuse violations, petty thefts, simple assaults, prostitution, and vandalism. These calls CONDITIONAL USE PERMIT NO. 2013-05690 February 24, 2014 Page 3 of 3 were not related to this property as the site has been vacant for several years. There are no outstanding Code Enforcement violations associated with the subject property. As mentioned above, in order to mitigate impacts to surrounding properties, staff recommends conditions of approval which would require the applicant to submit a security plan to the Police Department prior to commencement of banquet events. In addition, to deter loitering and alcohol consumption outside the facility during banquet events, no programmed activities will occur outside of the building, the rear doors will remain closed at all times, all banquet events would end no later than 10:00 p.m., and adequate lighting and security alarm/cameras will be provided in the rear parking lot area. Neighborhood Outreach: The applicant hosted a community meeting with neighborhood residents on December 18, 2013. Approximately eight neighbors attended the meeting. The applicant provided a comprehensive overview of the project to the neighbors. The neighbors expressed concerns regarding potential noise and loitering in the rear parking lot, late night hours for the banquet hall, sufficient parking for large events, crime along the Beach Boulevard corridor, and the need for a new eight foot high wall along the rear property line to provide an adequate buffer for the homes. CONCLUSION: This use, as proposed, would be operated in a manner that is compatible with the surrounding area. The proposed use is also consistent with the property’s commercial zone designation which is intended to support a variety of commercial uses that support the surrounding community. Staff recommends approval of the requested conditional use permit, subject to recommended conditions of approval contained in the attached draft resolution. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Applicant’s Letter of Operation 4. Police Department Memorandum The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Site Photographs 6. Site and Floor Plans AT T A C H M E N T NO . 2 ATTACHMENT NO. 3 907 S. Beach Blvd. Anaheim, CA 92804 TEL: (562) 788-0982 November 4, 2016 City of Anaheim Planning Department RE: 907 S. Beach Blvd. Anaheim, CA Arab American Community Center Dear Sir/Madam: Within the six-month period, the Arab American Community Center (AACC) will work on cleaning the front lawn of the property from any access and not needed signs. We will continue to maintain a greener landscape in the front of the building and will plant the planter in the back end of the parking lot alongside the 8-foot wall. In addition, an irrigation system will be put in place with automatic timer. The Arab American Community Center will do all the necessary required tasks to help better the health and safety of the community. Thank you, Max Haitham Aranki 562-788-0982 AACC is a non-profit tax deductable 501 (C) 3 organization Tax ID#: 47-0873790 ATTACHMENT NO. 4 907 S. Beach Blvd. Anaheim, CA 92804 TEL: (562) 788-0982 October 14, 2016 City of Anaheim Planning Department RE: 907 S. Beach Blvd. Anaheim, CA Arab American Community Center Dear Sir/Madam: The Arab American Community Center (AACC) would like to use the existing property on 907 S. Beach Blvd. Anaheim, CA as a community center for the Arab American Community living in Southern California. It is proposed that this facility will serve three purposes to the public, which are; classes, a library, and a banquet hall. The community center is programmed to open 3500 square feet for the library, 1500 square feet for classes, and 3500 square feet for the banquet hall. The AACC proposes current activities which include, but not limited to cultural events, with a wide array of educational and artistic programs, including Arabic music recitals, Arabic poetry readings, discussions of Arabic literature, Folkloric “Dabkeh” dance classes, as well as classes in the various Arabic dialects. These classes will be held from 10AM to 8PM and will be opened to the entire public from ages 9 and above. The AACC also serves as a physical location for a library containing wide variety of Arabic books and encyclopedia with open access during regular day and weekend hours. The library hours will also be from 10AM to 8PM. AACC also proposes a banquet hall to be used for Weddings with ABC license, Cultural Events, Business Fairs, and Non Profit Event Public Welfare. The Banquet Hall will carry on one hour after the rest of the building, having events end at 10PM. All events occurring in the AACC will be under constant surveillance and security will be in and out of the center to avoid any problems and disturbances. The cultural community center will be a positive addition to the community and it will improve the existing areas health and safety operations. AACC is a non-profit tax deductable 501 (C) 3 organization Tax ID#: 47-0873790 907 S. Beach Blvd. Anaheim, CA 92804 TEL: (562) 788-0982 Finally, the AACC has as a central goal, the education of Americans as a whole to the positive  contributions of Arabs throughout history, as well as the continued contributions of Arab Americas  in the local community. Future plans include the building of a cultural section that will house  historical and cultural artifacts of the Arabic community, both in native Arabic countries as well as  in Arab‐American communities.   The approval of this community center, will greatly benefit the local community and will only have  positive effect on the health and safety of the citizens of Anaheim.  Please do not hesitate to contact us if additional information is needed.      Thank You,   Max Haitham Aranki  President  Arab American Community Center (AACC)  AACC is a non-profit tax deductable 501 (C) 3 organization Tax ID#: 47-0873790 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. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 14, 2016 SUBJECT: VARIANCE NO. 447A LOCATION: 300 South East Street (Anaheim Service Station) APPLICANT/PROPERTY OWNER: The property owner and business owner is Gabriel Morales and the applicant is Harry Heady of Heady Design & Associates. REQUEST: The applicant requests approval of an amendment of a previously- approved variance to remove service station fuel tanks and dispensers in conjunction with an existing automotive repair facility. 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 Variance No. 447A. BACKGROUND: The 0.29-acre property is currently developed with an automotive service station and repair facility. The property is located in the “RM-3” Multiple- Family Residential zone and the General Plan designates the property for Low- Medium Residential land uses. The surrounding land uses include single-family residential to the north (across Broadway) and west (across East Street), multi-family residential (duplex) to the east, and multi-family residential (apartments) to the south. The existing automotive service station and repair facility were allowed by a land use variance originally approved in 1955. In 1997, the Planning Commission considered modification or revocation of the variance due to code enforcement violations, and later added a three year time limitation. In 2001 and 2005, the Planning Commission granted time extensions. In 2009, the Planning Commission found the facility to be operating in compliance with all conditions and reinstated the variance and amended the conditions of approval to remove the time limitation. One of the conditions required the primary use to be gasoline sales in accordance with the original variance approval. PROPOSAL: The applicant proposes to demolish and remove the existing underground fuel tanks and fuel dispensers. No changes are proposed to the existing automotive repair facility. The applicant also proposes to install new landscape planters along both street frontages and repave and restripe the parking lot to include a total of four parking spaces plus two interior spaces in the existing service bays; Code requires a minimum of five parking spaces on site. VARIANCE NO. 447A November 14, 2016 Page 2 of 4 SITE PLAN FINDINGS AND ANALYSIS: Variance: Before the Planning Commission may approve an amendment to a “Use Variance”, it must make a finding of fact, by resolution, that the evidence presented shows that all of the conditions set forth in subsections .020 through .050, inclusive, of Section 18.66.060 (Findings) of Chapter 18.66 (Conditional Use Permits) exist. 1) 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; 2) 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; VARIANCE NO. 447A November 14, 2016 Page 3 of 4 3) 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, 4) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. A use variance was a prior land use practice that granted approval of a use that may have deviated from the Zoning Code and would have otherwise been unpermitted. Use variances are no longer allowed under State law. The Zoning Code now contains provisions to process use variances similar to conditional use permits, with the same findings necessary for modification. The prior approval of the use variance required gasoline sales to be the primary use of the business. The owner no longer proposes to sell gasoline, but instead proposes to retain the existing automotive repair facility, which would become the primary use. The underground storage tanks would be removed and regulated by Orange County Health Care Agency and Anaheim Fire Department. Additionally, the project would include site improvements such as new landscape planters along both frontages and new parking lot paving and striping. The modifications are not anticipated to have any adverse impact on the surrounding area, since the existing repair facility would be maintained as it is currently operating. In fact, the elimination of the fuel sales reduces the intensity of the uses on site. Further, the minimum number of parking spaces would be provided and the new landscape planters would bring the property more into conformance with Code requirements. Conditions of approval to ensure that the business is operated in a responsible manner have been included in the draft resolution. These conditions include the following: o All vehicles parked overnight shall be parked in a designated space and shall be operable, or shall be stored indoors; o Trash shall be stored in a trash enclosure except on pick-up day; o The donation bin shall be removed; o No canopies, awnings, or similar types of overhead shade coverings for the purpose of providing an area for outdoor work or any other outdoor activity associated with this business shall be permitted anywhere on the property; o The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. daily; o No above ground propane tanks shall be permitted; and o Within 180 days of the date of this approval, the underground storage tanks and the fuel dispensers shall be demolished and removed in compliance with State, Federal and local laws governing such work. 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. VARIANCE NO. 447A November 14, 2016 Page 4 of 4 CONCLUSION: The removal of the fuel tanks and dispensers in conjunction with an existing automotive repair facility would be compatible with the adjacent residential uses. The applicant also proposes to provide aesthetically pleasing improvements to the site such as parking lot repaving and restriping and new landscape planters. Therefore, staff believes that the request to modify the use variance to retain the automotive facility is a suitable land use for this location and recommends approval of the project, subject to the recommended conditions of approval. Prepared by, Submitted by, Nick Taylor Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Draft Variance Resolution 2. Planning Commission Resolution No. PC2009-031 3. Letter of Request 4. Plans 5. Site Photographs R M -3S.F .R . R M -3 T R I P L E X R M -4DUPLE X R M -4 F O U R P L E X R M -4S.F .R . R M -3S.F .R . R S -2 S I N G L E F A M I L Y R E S I D E N C E RM-3DUPLEX R M -3 F O U R P L E X R M -4S.F .R . R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E R M -3S.F .R . R M -4S.F .R . R M -4 A N A H E I M R E G E N C Y A P T S30 D U R M -4APTS12 D U R M -4S.F .R . R M -3APTS5 D U R S -2 S I N G L E F A M I L Y R E S I D E N C E R M -4APTS32 D U R M -4S.F .R . C -GRETA I L R S -2S.F .R . R S -2 S I N G L E F A M I L Y R E S I D E N C E TS.F .R . R M -4APTS16 D U R M -4 F O U R P L E X R M -3DUPLE X R M -4S.F .R . R M -3S.F .R . R M -4APTS46 D U R M -3 C O N D O M I N I U M S /T O W N H O U S E S R S -2 S I N G L E F A M I L Y R E S I D E N C E R M -4 A P T S 8 D U R M -4 T R I P L E X R M -4APTS13 D U R S -2 S I N G L E F A M I L Y R E S I D E N C E R M -4 F O U R P L E X RM-3RELIGIOUS USE R S -2S.F .R . R M -4APTS13 D U R S -2S.F .R . R M -3S.F .R . R M -3 D U P L E X R M -3 S E R V I C E S T A T I O N TS.F .R . R S -2S.F .R . R S -2S.F .R . R M -3S.F .R . R M -3S.F .R . R M -4 H E R I T A G E H O U S E V I L L A G E R M -2S.F .R .R M -2S.F .R .R M -2S.F .R . S E A S T S T E B R O A D W A Y E B R O A D W A Y S R O S E S T S D A W N S T S B U S H S T E O A K S T E E L M S T E S A N T A A N A S T E C H E S T N U T S T S F A H R I O N P L E W I L L O W S T S R O S E S T E O A K S T E C H E S T N U T S T S G A R D E N I A S T S B U S H S T E O A K S T E. LA PALMA AVE E .L I NCOLN AV E S . E A S T S T S . S U N K I S T S T N . E A S T S T N . H A R B O R B L V D N. A N A H E I M B L V D S . S T A T E C O L L E G E B L V D W. BR O A D W A Y E. WAGNER AVE N . S U N K I S T S T S . H A R B O R B L V D S . A N A H E I M B L V D300 South East Street DEV No. 2016-00046 Subject Property APN: 037-181-23 °0 50 100 Feet Aerial Photo:June 2015 S E A S T S T E B R O A D W A Y E B R O A D W A Y S R O S E S T S D A W N S T S B U S H S T E O A K S T E E L M S T E S A N T A A N A S T E C H E S T N U T S T S F A H R I O N P L E W I L L O W S T S R O S E S T E O A K S T E C H E S T N U T S T S G A R D E N I A S T S B U S H S T E O A K S T E. LA PALMA AVE E .L I NCOLN AV E S . E A S T S T S . S U N K I S T S T N . E A S T S T N . H A R B O R B L V D N. A N A H E I M B L V D S . S T A T E C O L L E G E B L V D W. BR O A D W A Y E. WAGNER AVE N . S U N K I S T S T S . H A R B O R B L V D S . A N A H E I M B L V D300 South East Street DEV No. 2016-00046 Subject Property APN: 037-181-23 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 447A AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00046) (300 SOUTH EAST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Variance No. 447A to amend a variance to allow the existing fuel tanks and dispensers to be demolished and removed and to retain an automotive repair facility as the primary land use (the "Proposed Project") on certain real property located at 300 South East Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.29 acres in size and is currently developed as a gasoline service station and accessory automotive repair facility, which is a legal, non-conforming use. The Anaheim General Plan designates the Property for Low Medium Density Residential land uses. The Property is located in the “RM-3" Multiple-Family Residential Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.06 (Multiple-Family Residential Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, on December 20, 1955, the Anaheim City Council adopted Resolution No. 3043 granting Variance No. 447 to construct a gasoline service station at the Property; and WHEREAS, on October 13, 1997, the Planning Commission initiated a public hearing to consider modification or revocation of Variance No. 447 following the issuance of several Code Enforcement Notices of Violation and the receipt of complaints regarding operations at the Property. Following a public hearing held on March 16, 1998, the Planning Commission, by adoption of its Resolution No. PC98-32, amended, in its entirety, the conditions of approval of the above mentioned Resolution No. 3043 including the imposition of a time limitation upon the use of the Property as a gasoline service station with accessory automotive repair for a period of three (3) years to expire on March 16, 2001; and WHEREAS, on February 12, 2001, the Planning Commission, by adoption of its Resolution No. PC2001-22, reinstated Variance No. 447 to retain the gasoline service station with accessory automotive repair for a period of three (3) years, including the amendment of conditions of approval in Resolution No. 3043, as amended by Resolution PC98-32; and WHEREAS, on January 12, 2004, the Planning Commission, by adoption of its Resolution No. PC2004-4, reinstated Variance No. 447 to retain the gasoline service station with accessory automotive repair for a period of five (5) years, to expire on March 16, 2009, including the further amendment of the conditions of approval in Resolution No. 3043, as amended by Resolutions Nos. PC98-32 and PC2001-22; and - 2 - PC2016-*** WHEREAS, on March 16, 2009, the Planning Commission, by the adoption of its Resolution No. PC2009-31, reinstated Variance No. 447 to retain a previously-approved gasoline service station and accessory automobile repair facility and deleted the condition of approval pertaining to a time limitation on the use of the Property for such use; and WHEREAS, by the adoption of Ordinance No. 6382 on October 18, 2016, the City Council of the City of Anaheim amended Title 18 (Zoning) of the Code to permit a previously- approved Use Variance, such as Variance No. 447, to be amended provided that the Planning Commission is able to find and determine upon the basis of evidence presented that all of the conditions set forth in subsections .020 through .050, inclusive, of Section 18.66.060 (Findings) of Chapter 18.66 (Conditional Use Permits) of Title 18 (Zoning) of the Code exist. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 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 Variance No. 447A, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of 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 Proposed project and, specifically, with respect to the request for Variance No. 447A, does find and determine the following: 1. The proposed variance to permit "Automotive – Repair & Modification" as the primary use with the demolition and removal of existing fuel tanks and dispensers, and 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. While the legal non-conforming use will continue, a portion of its former use as a service station offering gasoline sales to members of the general public will be eliminated. 2. The size and shape of the site for the use is adequate to allow the full development of the "Automotive – Repair & Modification" use in a manner not detrimental to the particular area or to the health and safety because the facility is located within an existing - 3 - PC2016-*** commercial property that provides a sufficient number of on-site parking spaces; and vehicle circulation will be in accordance with the plans and materials submitted. 3. The traffic generated by the use 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 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. In fact, as a result of the elimination of the ability to sell gas will ensure that traffic to and from the Property will not increase in the future should the owner of the business elect to reinstitute gas sales. 4. The granting of the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. While the use is a legal nonconforming use, it has existed since 1955 and will continue, under the conditions imposed, to operate in an environmentally cleaner condition and with a reduction in the number of vehicular trips to and from the Property. 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 Variance No. 447A, 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 Variance No. 447A 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. - 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 November 14, 2016. Said resolution shall be and become effective as of and on November 17, 2016 and 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on November 14, 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 14th day of November, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” VARIANCE NO. 447A (DEV2016-00046) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Vehicles parked outside shall only be parked in designated parking spaces and shall be fully operational; and, no outdoor work of any kind (including any operation where only part of the car is located inside the building, except for smog checks) shall be conducted on the property. Planning and Building Department Code Enforcement Division 2 Landscaping consisting of trees, shrubs, groundcover and flowering plants shall be maintained in the landscape planters. Clinging vines shall be installed and maintained adjacent to all perimeter masonry walls and trash enclosure walls visible to the public rights-of-way. Planning and Building Department Code Enforcement Division 3 No canopies, awnings, or similar types of overhead shade coverings for the purpose of providing an area for outdoor work or any other outdoor activity associated with this business shall be permitted anywhere on the property. Planning and Building Department Code Enforcement Division 4 Trash storage areas shall be provided and maintained in a location Public Works acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. The approved plan sheet for solid waste storage and collection and Public Works a plan for recycling shall be adhered to as approved by the Streets and Sanitation Division of the Public Works Department.Trash may only be stored in designated trash enclosures, except on pick-up days. Public Works Department Operations Division 5 All vehicles awaiting service shall be parked on-site; no adjacent or nearby public streets shall be utilized for any parking related to this business. Planning and Building Department Code Enforcement Division 6 The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. daily. Planning and Building Department Code Enforcement Division - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 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 and Building Department, Planning Services Division 8 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 9 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 10 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 11 No above ground propane tanks shall be permitted. Planning and Building Department Code Enforcement Division 12 Within 180 days of the date of this resolution, the underground storage tanks and the fuel dispensers shall be demolished and removed in compliance with State, Federal and local laws governing such work. Planning and Building Department, Building Division ATTACHMENT NO. 2 Heady Design & Associates 7365 Carnelian Street, Suite #239                        Phone (909) 581‐1202  Rancho Cucamonga, CA 91730                                Fax  (909) 581‐1203     Date May 11, 2016 Job#ASS-001 City of Anaheim 200 S. Anaheim blvd. Anaheim, CA, 92805 Attn: David See; Principle Planner Subject: Anaheim Service Station 300 S. East St. Anaheim, CA, 92805 Re: Justification Letter for C.U.P. Modification Mr. David See: The project consists of removing the existing underground storage tank (UST), and adding an ADA path of travel from the public right of way to the existing business and ADA parking, re-striping the parking stalls and adding new landscaping, our hours of operation will maintain the 7am to 7pm Monday to Saturday. There are 3 employees that will continue the existing use of auto mechanic service. I thank you for all of your assistance and if there are any questions, please contact me at 909-581-1202. Sincerely, Heady Design & Associates Harry J. Heady President ATTACHMENT NO. 3 DRAWING: Re v . # Da t e Re v i s i o n D e s c r i p t i o n Do c u m e n t s p r e p a r e d b y H e a d y D e s i g n a n d As s o c i a t e s , i n c l u d i n g t h i s d o c u m e n t , a r e t o be u s e d o n l y f o r t h e s p e c i f i c p r o j e c t a n d sp e c i f i c u s e f o r w h i c h t h e y w e r e i n t e n d e d . An y e x t e n s i o n o f u s e t o a n y o t h e r p r o j e c t s , by o w n e r o r b y a n y o t h e r p a r t y , w i t h o u t t h e ex p r e s s e d w r i t t e n c o n s e n t o f H e a d y D e s i g n an d A s s o c i a t e s i s d o n e u n l a w f u l l y a n d a t th e u s e r s o w n r i s k . I f u s e d i n a w a y o t h e r th a n t h a t s p e c i f i c a l l y i n t e n d e d , u s e r w i l l ho l d H e a d y D e s i g n a n d A s s o c i a t e s ha r m l e s s f r o m a l l c l a i m s a n d l o s s e s . JOB NO: ASS-001 DRAWN BY: CE DATE: 8/25/2016 SCALE: HE A D Y D E S I G N & A S S O C I A T E S A D H 30 0 S . E A S T S T R E E T AN A H E I M , C A 9 2 8 0 5 73 6 5 C a r n e l i a n A v e s u i t e # 2 3 9 Ra n c h o C u c a m o n g a , C a l i f o r n i a 9 1 7 3 0 Ph o n e ( 9 0 9 ) 5 8 1 - 1 2 0 2 em a i l : H h e a d y @ h e a d y d e s i g n . c o m CS1 NONE ANAHEIM SERVICE STATION VICINITY MAP LEGEND DRAWING INDEX PROJECT TEAM PROJECT DATAGENERAL NOTES GENERAL DEMOLITION NOTES 300 S EAST STREET ANAHEIM, CA 92805 SCOPE OF WORK: ABBREVIATIONS SITE PLAN NORTH CO V E R S H E E T E. BROADWAY S. E A S T S T . ℄ ℄ DRAWING: Re v . # Da t e Re v i s i o n D e s c r i p t i o n Do c u m e n t s p r e p a r e d b y H e a d y D e s i g n a n d As s o c i a t e s , i n c l u d i n g t h i s d o c u m e n t , a r e t o be u s e d o n l y f o r t h e s p e c i f i c p r o j e c t a n d sp e c i f i c u s e f o r w h i c h t h e y w e r e i n t e n d e d . An y e x t e n s i o n o f u s e t o a n y o t h e r p r o j e c t s , by o w n e r o r b y a n y o t h e r p a r t y , w i t h o u t t h e ex p r e s s e d w r i t t e n c o n s e n t o f H e a d y D e s i g n an d A s s o c i a t e s i s d o n e u n l a w f u l l y a n d a t th e u s e r s o w n r i s k . I f u s e d i n a w a y o t h e r th a n t h a t s p e c i f i c a l l y i n t e n d e d , u s e r w i l l ho l d H e a d y D e s i g n a n d A s s o c i a t e s ha r m l e s s f r o m a l l c l a i m s a n d l o s s e s . JOB NO: ASS-001 DRAWN BY: CE DATE: 8/25/2016 SCALE: HE A D Y D E S I G N & A S S O C I A T E S A D H 30 0 S . E A S T S T R E E T AN A H E I M , C A 9 2 8 0 5 73 6 5 C a r n e l i a n A v e s u i t e # 2 3 9 Ra n c h o C u c a m o n g a , C a l i f o r n i a 9 1 7 3 0 Ph o n e ( 9 0 9 ) 5 8 1 - 1 2 0 2 em a i l : H h e a d y @ h e a d y d e s i g n . c o m EX I S T I N G SI T E P L A N 1:10 NORTH SITE PLAN NOTES SITE PLAN FOOTAGES SP1.1 E. BROADWAY (35 MPH) S. E A S T S T . ( 3 5 M P H ) ℄ ℄ 10 ' S BI K E LA N E 13 ' 12 ' 10 ' 10 ' 5' 12'13'11'11'13' 13'11'12'13' 10 ' 12 ' 12 ' 13 ' 12 ' DRAWING: Re v . # Da t e Re v i s i o n D e s c r i p t i o n Do c u m e n t s p r e p a r e d b y H e a d y D e s i g n a n d As s o c i a t e s , i n c l u d i n g t h i s d o c u m e n t , a r e t o be u s e d o n l y f o r t h e s p e c i f i c p r o j e c t a n d sp e c i f i c u s e f o r w h i c h t h e y w e r e i n t e n d e d . An y e x t e n s i o n o f u s e t o a n y o t h e r p r o j e c t s , by o w n e r o r b y a n y o t h e r p a r t y , w i t h o u t t h e ex p r e s s e d w r i t t e n c o n s e n t o f H e a d y D e s i g n an d A s s o c i a t e s i s d o n e u n l a w f u l l y a n d a t th e u s e r s o w n r i s k . I f u s e d i n a w a y o t h e r th a n t h a t s p e c i f i c a l l y i n t e n d e d , u s e r w i l l ho l d H e a d y D e s i g n a n d A s s o c i a t e s ha r m l e s s f r o m a l l c l a i m s a n d l o s s e s . JOB NO: ASS-001 DRAWN BY: CE DATE: 8/25/2016 SCALE: HE A D Y D E S I G N & A S S O C I A T E S A D H 30 0 S . E A S T S T R E E T AN A H E I M , C A 9 2 8 0 5 73 6 5 C a r n e l i a n A v e s u i t e # 2 3 9 Ra n c h o C u c a m o n g a , C a l i f o r n i a 9 1 7 3 0 Ph o n e ( 9 0 9 ) 5 8 1 - 1 2 0 2 em a i l : H h e a d y @ h e a d y d e s i g n . c o m 1:10 NORTH SITE PLAN NOTES SITE PLAN FOOTAGES SP1.2 PR O P O S E D SI T E P L A N E. BROADWAY (35 MPH) S. E A S T S T . ( 3 5 M P H ) ℄ ℄ 10 ' S BIK E LA N E 13 ' 12 ' 10 ' 10 ' 5' 12'13'11'11'13' 13'11'12'13' 10 ' 12 ' 12 ' 13 ' 12 ' S. D A W N S T R E E T S. R O S E S T R E E T E. CHESTNUT STREET DRAWING: Re v . # Da t e Re v i s i o n D e s c r i p t i o n Do c u m e n t s p r e p a r e d b y H e a d y D e s i g n a n d As s o c i a t e s , i n c l u d i n g t h i s d o c u m e n t , a r e t o be u s e d o n l y f o r t h e s p e c i f i c p r o j e c t a n d sp e c i f i c u s e f o r w h i c h t h e y w e r e i n t e n d e d . An y e x t e n s i o n o f u s e t o a n y o t h e r p r o j e c t s , by o w n e r o r b y a n y o t h e r p a r t y , w i t h o u t t h e ex p r e s s e d w r i t t e n c o n s e n t o f H e a d y D e s i g n an d A s s o c i a t e s i s d o n e u n l a w f u l l y a n d a t th e u s e r s o w n r i s k . I f u s e d i n a w a y o t h e r th a n t h a t s p e c i f i c a l l y i n t e n d e d , u s e r w i l l ho l d H e a d y D e s i g n a n d A s s o c i a t e s ha r m l e s s f r o m a l l c l a i m s a n d l o s s e s . JOB NO: ASS-001 DRAWN BY: CE DATE: 8/25/2016 SCALE: HE A D Y D E S I G N & A S S O C I A T E S A D H 30 0 S . E A S T S T R E E T AN A H E I M , C A 9 2 8 0 5 73 6 5 C a r n e l i a n A v e s u i t e # 2 3 9 Ra n c h o C u c a m o n g a , C a l i f o r n i a 9 1 7 3 0 Ph o n e ( 9 0 9 ) 5 8 1 - 1 2 0 2 em a i l : H h e a d y @ h e a d y d e s i g n . c o m 1:10 NORTH SP1.3 PL O T P L A N DRAWING: Re v . # Da t e Re v i s i o n D e s c r i p t i o n Do c u m e n t s p r e p a r e d b y H e a d y D e s i g n a n d As s o c i a t e s , i n c l u d i n g t h i s d o c u m e n t , a r e t o be u s e d o n l y f o r t h e s p e c i f i c p r o j e c t a n d sp e c i f i c u s e f o r w h i c h t h e y w e r e i n t e n d e d . An y e x t e n s i o n o f u s e t o a n y o t h e r p r o j e c t s , by o w n e r o r b y a n y o t h e r p a r t y , w i t h o u t t h e ex p r e s s e d w r i t t e n c o n s e n t o f H e a d y D e s i g n an d A s s o c i a t e s i s d o n e u n l a w f u l l y a n d a t th e u s e r s o w n r i s k . I f u s e d i n a w a y o t h e r th a n t h a t s p e c i f i c a l l y i n t e n d e d , u s e r w i l l ho l d H e a d y D e s i g n a n d A s s o c i a t e s ha r m l e s s f r o m a l l c l a i m s a n d l o s s e s . JOB NO: ASS-001 DRAWN BY: CE DATE: 8/25/2016 SCALE: HE A D Y D E S I G N & A S S O C I A T E S A D H 30 0 S . E A S T S T R E E T AN A H E I M , C A 9 2 8 0 5 73 6 5 C a r n e l i a n A v e s u i t e # 2 3 9 Ra n c h o C u c a m o n g a , C a l i f o r n i a 9 1 7 3 0 Ph o n e ( 9 0 9 ) 5 8 1 - 1 2 0 2 em a i l : H h e a d y @ h e a d y d e s i g n . c o m 1:10 NORTH A01 FL O O R P L A N 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. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 14, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05851 AND VARIANCE NO. 2016-05079 LOCATION: 558 South Rose Street (Hard Tech Auto Collision) APPLICANT/PROPERTY OWNER: The applicant is Hard Tech Auto Collision, represented by Javier Galindo. The property owner is Roboxoft, Inc, represented by Ngoc Nguyen. REQUEST: The applicant requests approval of a conditional use permit to permit and retain an existing auto body and repair facility and a variance to allow less parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2015-05851 and Variance No. 2016-05079. BACKGROUND: The 0.6-acre property is currently developed with an industrial building with three tenant spaces, one of which is utilized as a 7,000 square foot automotive repair and body shop. The property is located in the “I” Industrial zone and the General Plan designates the property for Medium Density Residential land uses. The surrounding land uses include manufacturing businesses to the south and west, an industrial tenant space to the north (currently used as equipment storage by the property owner), and multiple-family residential to the east across a public alley. In 2015, the applicant was cited by Code Enforcement for the operation of an auto repair and body shop without a business license or conditional use permit. At that time, the business owner was informed of the need to apply for a conditional use permit to retain the business. The Code Enforcement case remains active, pending a determination on this application. PROPOSAL: The applicant is requesting to permit and retain an existing auto body and repair facility. The 7,000 square foot tenant space includes two small offices, a storage room, break room, 11 indoor parking/vehicle storage spaces, as well as a new South Coast Air Quality Management District (SCAQMD) – compliant paint booth in the southeast corner of the existing tenant space. The business operations include auto body repair and painting only. CONDITIONAL USE PERMIT NO. 2015-05851 AND VARIANCE. 2016-05079 November 14, 2016 Page 2 of 4 The automotive repair business operates Monday through Friday, 8:00 a.m. to 6:00 p.m and Saturday from 8:00 a.m. to 2:00 p.m. The business has three employees including the business owner, and the applicant indicates that no more than 10 vehicles are worked on at any time. Vehicle ingress and egress access into the automotive repair facility is provided through a roll-up door at the rear of the building with access to the alley. The applicant proposes to provide 29 parking spaces of which 11 spaces are located within the building for storing and working on vehicles, four spaces are provided at the rear of the property adjacent to the alley, and 14 spaces are provided along the front of the building adjacent to Rose Street to be used by customers. The applicant proposes to add privacy slats to the existing chain link fence at the rear of the property and along Water Street in order to screen this area from view of the public right-of-way. 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. The Zoning Code requires approval of a conditional use permit for “Automotive-Repair & Modification” uses in the Industrial zone to ensure that the use is appropriate for the site, compatible with surrounding land uses, and in compliance with Zoning Code requirements. This request is to permit and retain an existing auto body and repair facility, which has been operating at the present location since 2015. Staff believes that the proposed use is compatible with the other industrial businesses located within this complex. The traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking and circulation would be provided to accommodate the use. In order to ensure the use does not negatively impact the adjacent properties, staff recommends the following conditions of approval: 1. No outdoor auto body/repair work of any kind shall be conducted on the property. 2. Overnight vehicle parking shall be limited to inside the building or within the fenced yard to the rear of the building only. 3. Within 60 days of the date of this approval, the fenced yard to the rear of the building and adjacent to Water Street shall be screened with a privacy slat material in accordance with the Zoning Code, subject to review and approval by the Planning Director. CONDITIONAL USE PERMIT NO. 2015-05851 AND VARIANCE. 2016-05079 November 14, 2016 Page 3 of 4 Parking Variance: Before the Planning Commission may approve a parking variance, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the variance, under the conditions imposed, if any, will not cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; 2) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 3) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The automotive repair and modification business is located within a multi-tenant industrial complex. The property is developed with three tenant spaces, two of which are currently used by the property owner as equipment storage. The Zoning Code requires that parking demand be calculated by combining the needs of “Automotive-Repair & Modification” and “Industrial” uses on the property. Automotive – Repair & Modification uses require 3.5 spaces per 1,000 square feet and Industrial uses require 1.55 spaces per 1,000 square feet of tenant space. An analysis of the required and provided parking is shown in the chart below. Code Requirement (per 1,000 s.f.) Floor Area (s.f.) Spaces Required Spaces Proposed Industrial – Storage 1.55 8,000 12 6 Auto repair 3.5 7,000 25 23 Total 15,000 37 29* * The proposed parking consists of 14 spaces along the front of the tenant spaces on Water Street, four spaces in the rear of the building adjacent to the public alley, and 11 spaces inside the auto repair tenant space. Staff recently made four visits to the property to observe the parking patterns and availability at the project site. However, it was difficult to discern whether the vehicles utilizing the available parking along Rose Street designated for the tenant were associated with the subject property or with one of the adjacent businesses. On Thursday, September 22, staff conducted a site visit and CONDITIONAL USE PERMIT NO. 2015-05851 AND VARIANCE. 2016-05079 November 14, 2016 Page 4 of 4 found 12 of the 14 spaces along the front of the building in use and 4 vehicles stored at the rear of the property at 4:30 p.m. On Wednesday, October 12, staff conducted a second unannounced site visit and found 13 of the 14 spaces in use at 9:45 a.m. On Friday, October 20, staff conducted a third site visit at 4:45 p.m. and found 12 of the 14 spaces in use. The last site visit was conducted on Tuesday, November 1 at 2:00 p.m. in which 13 of the 14 spaces were in use. The interior and rear spaces were all observed to be in use during every site visit. The automotive repair and body shop has three employees, and customer vehicles would only be on site when work is being conducted indoors, or stored at the rear of the property. Based on the site observations by staff, use of the adjacent tenant spaces for storage only, and the applicant’s letter of operation which states that a maximum of 10 vehicles would be on-site at any time, staff believes that the number of parking spaces on site would be adequate to accommodate the existing business without impact to the surrounding public streets or properties. 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 automotive repair and body facility is compatible with the adjacent industrial and residential uses because all repairs will be conducted inside the building. Additionally, staff believes that there is sufficient on-site parking for the proposed use. Therefore, staff believes the request to permit and retain the automotive repair facility is a suitable land use for this location and recommends approval of the project, subject to the recommended conditions of approval. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Conditional Use Permit Resolution 2. Plans 3. Letter of Operation 4. Site Photographs I I N D U S T R I A L R M -4APTS7 D U I I N D U S T R I A L R S -1SINGL E F A M I L Y R E S I D E N C E R S -1SINGL E F A M I L Y R E S I D E N C E R M -4APTS20 D U R M -4APTS22 D U I I N D U S T R I A L ISERVICESTATION I A U T O R E P A I R S E R V I C E R M -4 F O U R P L E X R M -4S.F .R . I I N D U S T R I A L I I N D U S T R I A L I I N D U S T R I A L I I N D U S T R I A L I I N D U S T R I A L I I N D U S T R I A L R M -4APTS20 D U R M -4APTS20 D U R M -4 F O U R P L E X I I N D U S T R I A L R S -2SING L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -1 S I N G L E F A M I L Y R E S I D E N C E R S -1 S I N G L E F A M I L Y R E S I D E N C E I I N D U S T R I A L S E A S T S T S R O S E S T S D A W N S T E S A N T A A N A S T S H A V E N D R E H A V E N D R E W A T E R S T E C R E S T B R O O K P L S D A W N S T E .L I NC O L N A VE S . E A S T S T 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 DE. B R O A D W A Y E. SOUTH STW. B R O AD W AY N . H A R B O R B L V D N . E A S T S T W . L I N C O L N A V E S . H A R B O R B L V D S . A N A H E I M B L V D E . B R O A D W A Y 558 South Rose Street DEV No. 2015-00136 Subject Property APN: 037-272-26 °0 50 100 Feet Aerial Photo:June 2015 S E A S T S T S R O S E S T S D A W N S T E S A N T A A N A S T S H A V E N D R E H A V E N D R E W A T E R S T E C R E S T B R O O K P L S D A W N S T E .L I NC O L N A VE S . E A S T S T 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 DE. B R O A D W A Y E. SOUTH STW. B R O AD W AY N . H A R B O R B L V D N . E A S T S T W . L I N C O L N A V E S . H A R B O R B L V D S . A N A H E I M B L V D E . B R O A D W A Y 558 South Rose Street DEV No. 2015-00136 Subject Property APN: 037-272-26 °0 50 100 Feet Aerial Photo:June 2015 [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. 2015-05851 AND VARIANCE NO 2016-05079 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00136) (558 SOUTH ROSE STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015- 05851 to permit an "Automotive Repair and Modification" use, and (ii) Variance No. 2016- 05079 to allow fewer parking spaces than required by Title 18 (Zoning) of the Anaheim Municipal Code (the "Zoning Code") within an existing multi-tenant industrial complex (the "Proposed Project") on a portion of that certain real property located at 558 South Rose Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.56 acres in size and is currently developed as a single-story industrial building. The Anaheim General Plan designates the Property for “R-M” Medium Density Residential land uses. The Property is located in 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 Zoning Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 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 Zoning Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2015-05851 and Variance No. 2016-05079, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2016-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the Proposed project and, specifically, with respect to the request for Conditional Use Permit No. 2015-05851, does find and determine the following: 1. The proposed "Automotive Repair and Modification" use is an allowable primary use permitted with a conditional use permit within the "I" Industrial Zone, as authorized under Table 10-A of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Zoning Code. 2. The proposed conditional use permit to permit an "Automotive Repair and Modification" use, under the conditions imposed, 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 facility would be located within an existing industrial building that will be adequately screened from public view 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 "Automotive Repair and Modification" use in a manner not detrimental to the particular area or to the health and safety because the "Automotive Repair and Modification" use would be located within an existing industrial building that provides a sufficient number of on site parking spaces and vehicle circulation will be in accordance with the plans and materials submitted. 4. The traffic generated by the "Automotive Repair and Modification" use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding 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 uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2016-05079 to allow fewer parking spaces than required by the Zoning Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (37 spaces required; 29 spaces proposed) 1. That the variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the all uses on the Property than the number of such spaces necessary to accommodate all vehicles attributable to such uses under the normal and reasonably foreseeable conditions of operation of such uses. Through observation by staff, it is determined that the proposed parking will be adequate to serve the needs of the proposed "Automotive Repair and Modification" use. - 3 - PC2016-*** 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property because the proposed number of interior parking spaces is sufficient to accommodate the needs of the business, and the exterior parking along the front of the building is to be reserved for new customers, which, through observation by staff, is determined to be adequate to serve the needs of the proposed automotive repair use; 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the proposed number of parking spaces within the building will be sufficient to accommodate the storage of vehicles when work is being performed or when waiting for work to be performed; 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because adequate ingress and egress points are provided at the rear of the Property, and the interior parking spaces will be utilized for vehicles for which work will be performed. No undue burden will be placed upon the roads as they are primarily used by the local businesses and their customers; and 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the a majority of the vehicles on the Property will be stored with ingress and egress access at the rear of the Property from the alley. Additionally, customer parking is located along the front of the building and will not impede ingress to or egress from adjacent properties; and 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. 2015-05851 and Variance No. 2016-05079, 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. 2015-05851 and Variance No. 2016-05079 are 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 Zoning 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 Zoning Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 4 - PC2016-*** BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Zoning 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 Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 14, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, 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 November 14, 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 14th day of November, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-*** - 7 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05851 AND VARIANCE NO. 2016-05079 (DEV2015-00136) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 No outdoor storage or display of vehicles or vehicular parts shall be permitted, and no outdoor auto body/repair work of any kind shall be conducted on the property with the exception of the enclosed outdoor area at the rear of the property. Planning and Building Department Code Enforcement Division 2 Overnight vehicle parking shall be limited to inside the building or within the fenced yard to the rear of the building only. Planning and Building Department Code Enforcement Division 3 All vehicles awaiting service shall be parked on-site; no adjacent or nearby public streets shall be utilized for any parking related to this business. Planning and Building Department Code Enforcement Division 4 Within 60 days of the date of this approval, the fenced yard to the rear of the building (adjacent to the public alley) and adjacent to Water Street shall be screened with a privacy slat material in accordance with the Zoning Code, subject to review and approval by the Planning Director. Planning and Building Department Code Enforcement Division 5 The applicant shall submit all necessary plans and documentation for the review of the proposed paint spray booth to the Building Division within 60 days of this approval. Planning and Building Department Code Enforcement Division GENERAL CONDITIONS 6 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 - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 8 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 9 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 A T T A C H M E N T N O . 2 A T T A C H M E N T N O . 2 Hard Tech Auto Collision Javier A. Galindo, Owner 558 S. Rose Street Anaheim, CA 92805 February 16, 2015 City of Anaheim Planning Department 200 South Anaheim Blvd. Anaheim, CA 92805 Subject: Letter of Business Operations I am writing this letter to explain my business operations in conjunction with my application for a Conditional Use Permit (No. 2015-05851 – DEV2015-00136). My operations of business will include Auto Body and Painting. This entails repairing wrecked and/damaged vehicles by providing body repairs as well as painting of the vehicles and/or parts of the vehicles that are repaired. The numbers of employees are only two (2) in addition to me, the business owner. In terms of vehicles being worked on at the site, there are no more than 8- 10 vehicles being worked on at any one time. The hours of operation for the business are the following: Monday- Friday: 8AM to 6PM Saturday: 8AM to 2PM Sunday: Closed If there are any further questions or concerns regarding these operations feel free to contact me any time. Thank you for your time. Regards, Javier A. Galindo, Hard Tech Auto Collision, Owner 558 S. Rose Street Anaheim, CA 92805 (714) 499-5109 Javier_htc@att.net ATTACHMENT NO. 3 A T T A C H M E N T N O . 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 14, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05884 LOCATION: 2368 East Orangethorpe Avenue (Mamute Brazilian Jiu Jitsu) APPLICANT/PROPERTY OWNER: The property owner is RIF II – Orangethorpe, LLC. The applicant/agent is Bill Fancher of Fancher Development Services, Inc. REQUEST: The applicant requests approval of a conditional use permit to permit and retain an existing Brazilian jiu jitsu studio within an existing industrial and office complex. RECOMMENDATION: Staff recommends 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. 2016-05884. BACKGROUND: This 4.09-acre property is developed with two industrial buildings located within the “I” Industrial Zone. The General Plan designates the property for General Commercial land uses. The surrounding land uses include industrial uses to the west and south, industrial uses to the north (across Orangethorpe Avenue) in the City of Fullerton, and a mobile home park to the east in the City of Placentia. The property is primarily occupied with automotive repair uses; however, other uses include a fitness studio, training facilities, wholesale businesses, and other industrial uses. This application was filed in response to a Code Enforcement violation for operating a business without a business license and conditional use permit. PROPOSAL: The applicant proposes to permit and retain a 1,920 square foot physical fitness facility, which is within the "Dance & Fitness Studios–Small" use class because of the type of use (i.e., dance classes, exercise programs, health club, and general fitness training) and the fact that it will be located within a space less than four thousand (4,000) square feet in gross floor area. No changes to the exterior of the building are proposed. The studio is owned and operated by the applicant and her husband, who is a martial arts instructor. There are no other employees. The studio offers private and group sessions to children and adults with class sizes ranging from 4 to 10 people. Classes are held Monday through Saturday with all activity occurring indoors. Below is a schedule of the hours and classes: CONDITIONAL USE PERMIT NO. 2016-05884 November 14, 2016 Page 2 of 3 Monday: 5:10 p.m. – 8:45 p.m. Tuesday: 10 a.m. – 11:30 a.m. and 4:30 p.m. – 9 p.m. Wednesday: 5:10 p.m. – 8:45 p.m. Thursday: 10 a.m. – 11:30 a.m. and 4:30 p.m. – 9 p.m. Friday: 10 a.m. – 11:30 a.m. and 6 p.m. – 7:30 p.m. Saturday: 10:30 a.m. – 1 p.m. 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. A conditional use permit is required to permit physical fitness facilities in this zone in order to determine compatibility with the surrounding area. Staff believes that the proposed use would be compatible with the other businesses located within this complex, which include a fitness facility, offices, warehouses, and automotive repair businesses. The business has operated at this location for the last two years without complaints from the surrounding businesses. With the conditions imposed, such as restricting operations to those outlined in the attached Letter of Operation and limiting all fitness activities or storage of fitness equipment inside of the building, the establishment of this use would not impact the operations of other nearby industrial businesses, nor would the use be detrimental to the health and safety of the citizens of the City of Anaheim. CONDITIONAL USE PERMIT NO. 2016-05884 November 14, 2016 Page 3 of 3 The existing industrial complex has sufficient on-site parking spaces to accommodate the existing and proposed uses on the property. The complex has 223 existing on-site parking spaces and Code requires 213 parking spaces. Additionally, the applicant indicated in their letter of operation that most of the existing businesses operate during the day and are closed in the evenings when the jiu jitsu studio holds most of their classes. Staff conducted a site visit on Monday, September 12th at 10:30 a.m. and found 127 spaces in use with the majority of spaces in use being located at the rear of the property along the southern property line. 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 martial arts business is compatible with the industrial, office and commercial uses in the surrounding area. Staff recommends approval of this request. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Resolution 2. Site Plan 3. Floor Plan 4. Letter of Operation 5. Justification Statement 6. Photographs IINDUSTRIALIINDUSTRIAL IORANGE COUNTYWATER DISTRICT N P L A C E N T I A A V E E ORANGETHORPE AVE E. LA PALMA AVE E . M I R A L O M A A V E N . A C A C I A S T E. ORANGETHORPE AVE E. FRONTERA ST2368 East Orangethorpe Avenue DEV No. 2016-00084 Subject Property APN: 338-181-04 °0 50 100 Feet Aerial Photo:June 2015 N P L A C E N T I A A V E E ORANGETHORPE AVE E. LA PALMA AVE E . M I R A L O M A A V E N . A C A C I A S T E. ORANGETHORPE AVE E. FRONTERA ST2368 East Orangethorpe Avenue DEV No. 2016-00084 Subject Property APN: 338-181-04 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05884 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00084) (2368 EAST ORANGETHORPE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-05884 to permit a "Dance & Fitness Studio-Small" within a portion of an existing industrial and office complex (the "Proposed Project") for premises located at 2368 East Orangethorpe 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 4.09-acres in size and is currently developed with an industrial and office complex. The premises which will be the subject of Conditional Use Permit No. 2016-05884 is approximately 1,920 square feet in size. The Anaheim General Plan designates the Property for “C-G” General Commercial land uses. The Property is located in the “I" Industrial Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Zoning Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 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 Zoning Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2016-05884, 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 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 - 2 - PC2016-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2016-05884, does find and determine the following: 1. The proposed request to permit a martial arts studio within an existing industrial and office complex is properly one for which a conditional use permit is authorized under the classes of allowable primary uses set forth in Table 10-A (Primary Uses: Industrial Zone) as "Dance & Fitness Studios-Small", as referenced in paragraph .0402 of subsection .040 of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Zoning Code. 2. The proposed conditional use permit to permit a martial arts studio, under the conditions imposed, 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 martial arts studio would be located within an existing building 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 martial arts studio 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 and office building that is surrounded by industrial and office uses. 4. The traffic generated by the martial arts studio will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 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 office and industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. 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. No. 2016-05884, 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. 2016-05884 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to - 3 - PC2016-*** complete conditions of approval may be granted in accordance with Section 18.60.170 of the Zoning 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 Zoning 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 Zoning 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 Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 14, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, 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 November 14, 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 14th day of November, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2016-05884 (DEV2016-00084) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Fitness activities or storage of physical fitness equipment shall not be permitted outside of the building. Planning and Building Department, Planning Services 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 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied. Planning and Building Department, Code Enforcement Division GENERAL CONDITIONS OF APPROVAL 4 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 5 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 6 The premises of the marial arts studio 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 AT T A C H M E N T NO . 2 ATTACHMENT NO. 3 Letter of Operation Dear Planning Commission, I hope this background helps you understand our operation better. I own this business with my husband Bruno. We run it and do everything for it. We are not a big enough business to have staff. He is the only blackbelt instructor. He offers private classes to kids and adults. Occasionally he will give a private session to two people at a time. We offer small classes for kids and adults. We offer 2 kids classes, broken down by age. We offer a class for 4-7 year olds and 8-13 year olds. There are about 4-6 kids in each of those classes. For adults, we offer all levels (anyone can attend) and advanced (must have special qualifications to attend). There are anywhere from 4-10 people in each of those classes. It really just depends on the day and the weather. Believe it or not, that affects the class size. We are open Monday through Saturday. Below is the list of hours. Monday- 5:10-8:45PM Tuesday- 10AM-11:30AM and 4:30-9PM Wednesday-5:10-8:45PM Thursday-10AM-11:30AM and 4:30-9PM Friday-10AM-11:30AM and 6-7:30PM Saturday- 10:30-1PM We are enjoying the fact that most of the businesses next to us are gone by the time our students come to class. Our morning classes are always very small (most people work during the day). Because of this, we never have any issues with parking. ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 14, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05886 AND VARIANCE NO. 2016-05080 LOCATION: 1088 North Tustin Avenue (The Cromwell Estate) APPLICANT/PROPERTY OWNER: The applicant is Janet Gregory and the property owner is Rhoda Daily with Wohl Investment Company. REQUEST: The applicant is requesting approval of a conditional use permit to permit an indoor entertainment facility, known as an escape room, within a portion of an existing office building. The applicant also requests a variance to allow fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 2016-05886 and Variance No. 2016-05080. BACKGROUND: This 1.9-acre property is developed with an office complex and is located in Transit Oriented Area (Development Area 3) of the Anaheim Canyon Specific Plan “SP 2015-1, DA 3”. The General Plan designates the Property for Mixed Use land uses. Surrounding land uses include office uses to the south and north across La Palma Avenue, the Orange County Water District recharge basin to the east, and retail uses to the west across Tustin Avenue. This request is a result of a Code Enforcement violation that was reported by a competing business owner. The escape room has been operating since August, 2016 and there have been no complaints related to the business operation. PROPOSAL: The applicant proposes to permit and retain a 2,160 square foot entertainment facility, known as an escape room. The facility also includes a reception lobby, offices and restrooms. No changes to the exterior of the building are proposed. CONDITIONAL USE PERMIT NO. 2016-05886 AND VARIANCE NO. 2016-05080 November 14, 2016 Page 2 of 4 The Cromwell Estate is an interactive gaming facility where participants use communication, team building and problem solving to decipher puzzles and clues in order to “escape” a room before time runs out. The facility includes a “set” consisting of rooms and passageways created for an immersive customer experience. The Cromwell Estate has two experiences to offer. Both experiences hold a maximum of eight participants and take approximately 60 minutes. There is a 15 minute reset time for players to debrief in the lobby area, take pictures, and exit the facility, while the next group of participants is informed the safety rules. The hours of operation are Tuesday- Friday, 4:00 p.m. to 12:00 a.m., Saturday, 12:15 p.m. to 12:00 a.m. and closed on Sunday and Monday. The escape room is operated by the two business owners and there are no additional employees on the premises. 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. A conditional use permit is required to permit indoor entertainment facilities in this zone in order to determine compatibility with the surrounding area. Staff believes that the use would be compatible with other businesses in the surrounding area because entertainment activities would occur primarily during off-peak hours for the office businesses and bank within the complex. In addition, the business has been operating in this location since August, 2016 with no impacts to the adjacent businesses. With the conditions imposed, such as restricting the operation to those outlined in the attached Letter of Request and limiting the two game sessions to eight participants each, the establishment of this use would not impact the operations or opportunities for expansion of other nearby industrial businesses or be detrimental to the health and safety of the citizens of the City of Anaheim. CONDITIONAL USE PERMIT NO. 2016-05886 AND VARIANCE NO. 2016-05080 November 14, 2016 Page 3 of 4 Parking Variance: A variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist: 1) That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; 2) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 3) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The Zoning Code states that the parking requirements be calculated by combining the needs of the entertainment gaming facility and the bank and the office uses on the property. The entertainment facility and industrial business requires a total of 175 parking spaces and the property contains a total of 99 parking spaces; 12 are required for the entertainment facility and 163 spaces for the office uses within the complex. The applicant has submitted a Letter of Request indicating that sessions have a maximum of eight participants per game. There would be a 15 minute break after each game in order for the game to reset. This would allow plenty of time for participants to leave before the next group arrives. All of the sessions are scheduled by appointment only. The applicant has indicated that most participants drive to the facility in groups. The peak parking demand is in the evening and weekends, which is during the off-peak hours of the other office uses within the same building. Staff conducted parking counts on November 2, 2016 at 12:00 p.m. and 5:00 p.m. There were 62 cars parked at the complex at 12:00 p.m. and 41 cars parked at the property at 5:00 p.m. Another staff inspection took place on Saturday night at 8:30 p.m. and 16 cars were observed in the parking lot. Staff participated in the escape room activity and when leaving the facility observed only four cars parked on-site at 10:00 p.m. Therefore, staff believes that 99 parking spaces would accommodate all of the businesses on the site, including the indoor entertainment use. CONDITIONAL USE PERMIT NO. 2016-05886 AND VARIANCE NO. 2016-05080 November 14, 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: Staff believes that the conditions exist for Planning Commission to make the required findings to approve this request. The proposed entertainment gaming facility is compatible with the office uses on-site and in the surrounding area. The number of parking spaces provided is adequate to accommodate the gaming facility since there would be a maximum of 16 participants at any time. Staff recommends approval of this request. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Applicant’s Letter of Request 3. Photographs 4. Site Plan 5. Floor Plan 6. Parking Justification Letter SP 2015-1DA3OFFICES SP 2015-1DA3EXPODESIGNCENTER SP 2015-1DA1RETAIL SP 2015-1DA1OFFICES SP 2015-1DA1SIMON GREEN LEAREXECUTIVE OFFICES SP 2015-1DA1AUTO REPAIR/SERVICE SP 2015-1DA1SERVICESTATION SP 2015-1DA1INDUSTRIAL SP 2015-1DA3OFFICES SP 2015-1DA6O.C.F.C.D. SP 2015-1DA3OFFICES SP 2015-1DA6O.C.F.C.D. SP 2015-1DA3PACIFICCENTER SP 2015-1DA1INDUSTRIAL SP 2015-1DA1INDUSTRIAL SP 2015-1DA1CANYON GATEPLAZA SP 2015-1DA1CANYONGATEPLAZA SP 2015-1DA1CANYON GATEPLAZA SP 2015-1DA1CANYON GATEPLAZA SP 2015-1DA1CANYONGATEPLAZA SP 2015-1DA3PACIFICCENTER N T U S T I N A V E E LA PALMA AVE N T U S T I N A V E E LA PALMA AVE E EAGLE DR E MELVILLE WAY N PACIFICENTER DR N J E F F E R S O N F R O N T A G E R D E. L A P A L M A A V E E. M I R A L O M A A V E N . T U STIN A V E E . R I V E R D A L E A V E N . K R A E M E R B L V D N . L A K E V IE W A VE 1088 North Tustin Avenue DEV No. 2016-00101 Subject Property APN: 346-132-01 °0 50 100 Feet Aerial Photo:June 2015 N T U S T I N A V E E LA PALMA AVE N T U S T I N A V E E LA PALMA AVE E EAGLE DR E MELVILLE WAY N PACIFICENTER DR N J E F F E R S O N F R O N T A G E R D E. L A P A L M A A V E E. M I R A L O M A A V E N . T U STIN A V E E . R I V E R D A L E A V E N . K R A E M E R B L V D N . L A K E V IE W A VE 1088 North Tustin Avenue DEV No. 2016-00101 Subject Property APN: 346-132-01 °0 50 100 Feet Aerial Photo:June 2015 [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. 2016-05886 AND VARIANCE NO. 2016-05080 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00101) (1088 NORTH TUSTIN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2016- 05886 to permit an entertainment gaming facility (escape room), and (ii) Variance No. 2016- 05080 to allow fewer parking spaces than required by Title 18 (Zoning) of the Anaheim Municipal Code (the "Zoning Code") (collectively referred to herein as the "Proposed Project") for premises located within a portion of that certain real property at 1088 North Tustin 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 1.9 acres in size and is currently developed with an office complex. The Property is located in the Transit Oriented Area (Development Area 3) of the Anaheim Canyon Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of the Zoning Code. The Anaheim General Plan designates the Property for Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 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 Zoning Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2016-05886 and Variance No. 2016-05080, 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 WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2016-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2016- 05886, does find and determine the following: 1. The proposed entertainment gaming facility (escape room) within an existing office building is an allowable primary use within the "Entertainment Venue" use class of the Transit Oriented Area (Development Area 3) of the Anaheim Canyon Specific Plan Area permitted with a conditional use permit under Table 120_B (Primary Uses by Development Area: Non-Residential Use Classes) of Section 18.120.040 of the Zoning Code. 2. The proposed entertainment gaming facility (escape room), under the conditions imposed, 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 building is surrounded by compatible buildings and uses; and, the entertainment gaming facility (escape room) would be located within an existing building with no adverse effects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the entertainment gaming facility (escape room) in a manner not detrimental to the particular area or to the health and safety because the use would be located within an existing office building that is surrounded by other retail and office uses. 4. The traffic generated by the entertainment gaming facility (escape room) will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 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 offices in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Zoning Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (175 spaces required; 99 spaces proposed) 1. Based, in part, upon a review of the letter of request submitted by the applicant and observations made by staff, that the variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the entertainment gaming facility has a limited number of participants; - 3 - PC2016-*** 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of the proposed entertainment gaming facility; 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on-site parking for the office complex will adequately accommodate peak parking demands of the use on the site; 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the industrial property. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2016-05886 and Variance No. 2016-05080, 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. 2016- 05586 and Variance No. 2016-05080 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 Zoning 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 Zoning Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 4 - PC2016-*** BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Zoning 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 Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 14, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, 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 November 14, 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 14th day of November 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-*** - 7 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2016-05886 VARIANCE NO. 2016-05080 (DEV2016-00101) 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 business owner shall be removed or painted over within 24 hours of being applied. Planning and Building Department, Code Enforcement Division 2. The operator of the business shall not permit and shall take all steps necessary to prevent its patrons from consuming alcoholic beverages on the premises. Planning and Building Department, Planning Services Division 3. There shall be no outdoor storage of game props or materials. Planning and Building Department, Planning Services Division 4. 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 5. That escape room game sessions shall have a cumulative maximum of 16 participants at any time. Planning and Building Department, Planning Services Division 6. Within 60 days of the date of this resolution, all of the proper permits and occupany requirements shall be approved by the Buiding Division of the Planning and Building Department. Planning and Building Department, Building Division - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS OF APPROVAL 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 and Building Department, Planning Services Division 8. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 9. The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division   3 of Coin, LLC   (dba THE CROMWELL ESTATE)    Summary:  The Cromwell Estate offers services in all aspects of team building. We provide a space and all the tools  necessary to strengthen communication, critical thinking, and leadership. Our practices identify group’s  areas of opportunity and use our methods to succeed in group setting objectives. Our target audiences  are corporations, interdepartmental companies who seek exercises and activities for their employees to  strengthen the department as a whole or individuals 16 and up needing improvement in morale. We  also cater to families, clubs, and groups of all backgrounds.     Description:  An “escape room” is a room where players are instructed to solve a set of puzzles, tasks, and mental  obstacles to “escape.” The Cromwell Estate sets an objective for these participants in an immersive,  challenging, and fun way.     Industry:  The team building and escape room industry is a fast‐ paced industry that we believe is a place for high‐ quality, effective, and memorable experiential learning experiences. In response to this climate, The  Cromwell Estate will extend its services beyond focusing on corporation and business to better serve a  larger demographic.    Logistics:  The Cromwell Estate will have two experiences to offer. Both Experiences will hold up to a maximum of  8 participants and will have a duration of up to 60 minutes. There will be a 15 minute reset time for  players to debrief in the lobby area, take a picture, and exit the facility, while the next group of  participants is read the safety rules.   Our hours of operation are:  Tuesday‐ Friday: 4:00 pm to 12:00 am  Saturday: 12:15 pm – 12:00 am  Tickets are sold online for  $30.00 per person.    Safety:  The Cromwell Estate strives to give our participants limitless fun in a safe environment. Every experience  starts with a demonstration of safety and rules that each participant must follow. We do not lock  participants in the room in case of emergency. We also have constant security feed of participants in the  room.     ATTACHMENT NO. 2   Market Analysis:  The Cromwell Estate is open to anyone over 16. Any minor must be accompanied by a parent or  guardian who assumes all legal responsibility for the minor by signing our liability waiver. Our current  audience has been the greater Orange County area with most business located in Anaheim and  Fullerton. Our span has reached from Brea all the way to Lake Forest. With a great environment for all  backgrounds we hope to create a memorable experience as well as hopefully someday create new jobs  for underserved people in the area.     For an up to date directory of Escape Rooms you can visit:  www.escaperoomdirectory.com   www.escapeauthority.com  www.roomescapeadventures.com      ATTACHMENT NO. 3 A T T A C H M E N T N O . 4 A T T A C H M E N T N O . 5 3 Of Coin, LLC (dba) The Cromwell Estate Parking Letter The Anaheim Municipal Code requires 175 spaces for the proposed interactive game experience and the existing kitchen and bath retail facility. The site currently contains 99 parking spaces. The school, bank retail flooring company. We are requesting a parking waiver in conjunction with this application. Code requires 175 parking spaces the site provides 99 parking spaces or a 57% deviation of the code required parking. The Anaheim Municipal Code requires the following finds be made in conjunction with the request to waive the minimum number of parking spaces .0101 That the variance, under the conditions imposed, if any, will not cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; The requested waiver of 76 spaces will not cause fewer off-street parking spaces to be provided for the site as there will be adequate spaces on-site to accommodate all uses. There will not be more 14 guests on-site at any one time including employees. As this is an interactive game experience and mainly a group activity, most people would come with friends and carpool. Also the hours of operation during the week would be from 4:00 p.m. to 12:00 a.m. and on weekends Saturday 12:15 p.m. to 12:00 a.m. closed on Sunday, Monday. The adjacent learning center is open Monday- Friday 2pm-6pm and Saturdays 9:30am to 3:00 pm. The Kitchen and Flooring Design Center is open Monday through Friday 10:00 am to 7:00 pm and Saturdays 10:00 am to 6:00 pm. Us Bank is open Monday through Friday 9:00 am to 5:00 pm and closed on the weekends. .0102 That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; The variance under conditions imposed will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed as there is ample parking for both uses on the site. .0103 That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection .030 of Section 18.42.050 (Non-Residential Uses- Shared Parking Arrangements)); The variance for the interactive game facility will not impact any adjacent private property in the immediate vicinity of the proposed use as the site has adequate parking provided on-site to accommodate all the uses on the site and can also accommodate both the interactive game ATTACHMENT NO. 6 facility and the kitchen and bath facility at the site due to the different hours and days of operation for the uses on the site. . .0104 That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and The variance for the use will not increase traffic congestion within the off-street parking areas or lots provided as there is ample parking provided for the site   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: NOVEMBER 14, 2016 SUBJECT: DEVELOPMENT AGREEMENT NO. 2016-00005 CONDITIONAL USE PERMIT NO. 2016-05860 CONDITIONAL USE PERMIT NO. 2016-05890 VARIANCE NO. 2016-05066 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00131 LOCATION: PARCEL A - 2210 and 2220 East Orangewood Avenue PARCEL B - 2130 East Orangewood Avenue APPLICANT/PROPERTY OWNER: PARCEL A - The applicant is Golden Road Brewing represented by Brandon Smith and the property owner is Custom Craft Beer, LLC. PARCEL B - The applicant is Golden Road Brewing represented by Brandon Smith and the property owner is Trevor Tait. REQUEST: The applicant is requesting approval of the following entitlements to establish a new restaurant and brewery within an office complex: 1) A development agreement between the City of Anaheim and Golden Road Brewing. 2) A conditional use permit a conditional use permit to permit the construction of a brew pub to include an event space, an outdoor dining and recreational area with on and off-premises sales and consumption of alcoholic beverages. 3) A conditional use permit to permit off-site parking for a brew pub to include an event space and outdoor recreation area located at 2210 and 2220 East Orangewood Avenue. 4) A variance to allow fewer parking spaces than required by the Zoning Code. 5) A determination of public convenience or necessity to permit a brew pub with on and off-premises sales and consumption of alcoholic beverages. DEVELOPMENT AGREEMENT NO. 2016-00005, CONDITIONAL USE PERMIT NO. 2016-05860, CONDITIONAL USE PERMIT NO. 2016-05890, VARIANCE NO. 2016-05066, AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-000131 November 14, 2016 Page 2 of 2 DISCUSSION: The applicant submitted a letter dated November 3, 2016, requesting a two week continuance in order to re-notice this item to include a request for a coordinated sign program for the project. RECOMMENDATION: Staff recommends that this hearing be continued to the November 28, 2016 meeting as requested by the applicant. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Continuance Request I (PTMU)OrangewoodINDUSTRIALI (PTMU)Gateway Sub-Area BGATEWAY APARTMENT I (PTMU)Gateway Sub-Area BARCHSTONEAPARTMENTS I (PTMU)GatewaySub-Area CVACANT I (PTMU)OrangewoodINDUSTRIAL I (PTMU)OrangewoodINDUSTRIAL I (PTMU)OrangewoodINDUSTRIAL I (PTMU)OrangewoodINDUSTRIAL PR (PTMU)StadiumANGEL STADIUMOF ANAHEIM I (PTMU)Gateway Sub-Area CVACANT I (PTMU)Gateway Sub-Area CVACANT I (PTMU)OrangewoodINDUSTRIAL I (PTMU)OrangewoodINDUSTRIAL I (PTMU)OrangewoodINDUSTRIAL O-L (PTMU)OrangewoodOFFICES I (PTMU)GatewaySub-Area CVACANT E ORANGEWOOD AVE S D U P O N T D R D U P O N T D R E. KATELLA AVE S . H A S T E R S T E. ORANGEWOOD AVE E. CHAPMAN AVE E. GENE AUTRY WAY S .D O U G L A S S R DE. HOWELL AVE 2210 and 2220 East Orangewood Avenue DEV No. 2016-00015 Subject Property APN: 083-271-13083-272-01 °0 50 100 Feet Aerial Photo:June 2015 Parcel AParcel B E ORANGEWOOD AVE S D U P O N T D R D U P O N T D R E. KATELLA AVE S . H A S T E R S T E. ORANGEWOOD AVE E. CHAPMAN AVE E. GENE AUTRY WAY S .D O U G L A S S R DE. HOWELL AVE 2210 and 2220 East Orangewood Avenue DEV No. 2016-00015 Subject Property APN: 083-271-13083-272-01 °0 50 100 Feet Aerial Photo:June 2015 Parcel AParcel B ATTACHMENT NO. 1 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.