PC 2014/12/15
City of Anaheim
Planning Commission
Agenda
Monday, December 15, 2014
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chairman: John Seymour
• Chairman Pro-Tempore: Michelle Lieberman
• Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell,
Bill Dalati, Victoria Ramirez
• Call To Order - 5:00 p.m.
• Pledge Of Allegiance
• Public Comments
• Public Hearing Items
• Commission Updates
• Discussion
iPad Distribution
• 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 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,
December 11, 2014, 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 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
12/15/14
Page 2 of 7
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission
action unless a timely appeal is filed during that time. This appeal shall be made in written
form to the City Clerk, accompanied by an appeal fee in an amount determined by the City
Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified by
the City Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in a written correspondence delivered to the Planning Commission or City Council
at, or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or public comments on agenda items with the
exception of public hearing items.
12/15/14
Page 3 of 7
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2014-05746
VARIANCE NO. 2014-04978
PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00110
(DEV2014-00071)
Location: 3125 East Orangethorpe Avenue
Request: To permit a convenience market with sales of
beer and wine for off-premises consumption and a fast
food restaurant in conjunction with an existing service
station, with fewer parking spaces than required by the
Zoning Code.
Environmental Determination: The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California
Environmental Quality Act and Guidelines as a Class 1
(Existing Facilities) Categorical Exemption.
Resolution No. ______
Resolution No. ______
Project Planner:
Elaine Thienprasiddhi
ethien@anaheim.net
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2014-05748
(DEV2014-00076)
Location: 1665 South Brookhurst Street
Request: To convert an existing one-story office building
to a senior assisted living 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:
Elaine Thienprasiddhi
ethien@anaheim.net
12/15/14
Page 4 of 7
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 1402A
VARIANCE NO. 2014-04991
(DEV2014-00122)
Location: 900 East Broadway
Request: To permit an unpermitted expansion to an
animal hospital with fewer parking spaces than required
by the Zoning Code.
Environmental Determination: The Planning Commission
will consider whether to find the project to be
Categorically Exempt from the provisions of the California
Environmental Quality Act and Guidelines as a Class 1
(Existing Facilities) Categorical Exemption.
Resolution No. ______
Project Planner:
Amy Vazquez
avazquez@anaheim.net
ITEM NO. 5
CONDITIONAL USE PERMIT NO. 2014-05743
VARIANCE NO. 2014-04981
(DEV2014-00065)
Location: 5773 East Santa Ana Canyon Road
Request: To permit and retain an indoor smoking lounge
(cigar lounge) within 200 feet of residential properties and
within 1,000 feet from a school with fewer parking spaces
than required by the Zoning Code.
Environmental Determination: The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California
Environmental Quality Act and Guidelines as a Class 1
(Existing Facilities) Categorical Exemption.
Resolution No. ______
Project Planner:
Amy Vazquez
avazquez@anaheim.net
12/15/14
Page 5 of 7
ITEM NO. 6
VARIANCE NO. 2014-04990
(DEV2013-00135A)
Location: 5401 East La Palma Avenue
Request: To allow a 25 foot high freestanding sign at an
existing automotive dealership that is taller than permitted 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 11 (Accessory
Structures) Categorical Exemption.
Resolution No. ______
Project Planner:
Amy Vazquez
avazquez@anaheim.net
ITEM NO. 7
CONDITIONAL USE PERMIT NO. 2014-05757
VARIANCE NO. 2014-04986
(DEV2014-00090)
Location: 720 South Beach Boulevard
Request: To permit the sale of beer and wine for on-site
consumption within an existing restaurant (Guerrero
Mexican Grill) with fewer parking spaces than required by
the Zoning Code.
Environmental Determination: The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California Environmental
Quality Act and Guidelines as a Class 1 (Existing Facilities)
Categorical Exemption.
Resolution No. ______
Project Planner:
Gustavo Gonzalez
ggonzalez@anaheim.net
ITEM NO. 8
CONDITIONAL USE PERMIT NO. 2013-05688
VARIANCE NO. 2014-04993
(DEV2013-00084)
Location: 2508 West Woodland Drive
Request: To permit a church within an existing industrial
building with fewer parking spaces than required by the
Zoning Code.
Environmental Determination: The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California Environmental
Quality Act and Guidelines as a Class 1 (Existing Facilities)
Categorical Exemption.
Resolution No. ______
Project Planner:
Vanessa Norwood
vnorwood@anaheim.net
12/15/14
Page 6 of 7
ITEM NO. 9
ZONING CODE AMENDMENT NO. 2014-00121
(DEV2014-00123)
Location: Citywide
Request: A City-initiated amendment to Title 18 (Zoning) of the
Anaheim Municipal Code making technical and clarifying
changes including, but not limited to, the following Zoning Code
chapters: 1) Chapter 18.06 (Multiple-Family Residential Zones) –
Clarification of terminology related to non-residential classes of
uses and technical corrections to minimum size of recreational-
leisure area requirements in multiple-family residential zones; 2)
Chapter 18.14 (Public and Special-Purpose Zones) –
Clarification of special provisions related to single-family
detached dwellings; 3) Chapter 18.16 (Regulatory Permits) –
Minor modifications to regulatory permits for entertainment uses;
4) Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) –
Minor modifications to the density regulations and minimum
parking requirements in the Platinum Triangle Mixed Use Overlay
Zone; 5) Chapter 18.32 (Mixed Use (MU) Overlay Zone) –
Modification to the regulation of accessory uses by adding Short
Term Rentals as a permitted accessory use; 6) Chapter 18.38
(Supplemental Use Regulations) – Minor modifications to the
provisions for home occupations; 7) Chapter 18.40 (General
Development Standards) – Minor modifications to the regulations
of wall height limitations for residential developments; 8) Chapter
18.44 (Signs) – Minor modifications to building sign regulations
for multi-tenant commercial and industrial buildings; 9) Chapter
18.46 (Landscaping and Screening) – Minor modifications to the
provisions for landscaping requirements in front yard landscape
setbacks, wall height limitations abutting railroad corridors for
residential developments and landscaping on walls, fences and
trash enclosures; 10) Chapter 18.56 (Nonconformities) –
Technical corrections to references related to the Community
Development Department; 11) Chapter 18.60 (Procedures) –
Modifications to the procedures regarding City Council review of
discretionary land use applications and the approval authority for
time extensions to satisfy conditions of approval; and 12)
Chapter 18.92 (Definitions) – Addition of the definition for “Wet
Bar”.
Environmental Determination: The Planning Commission will
consider whether to find the Zoning Code Amendment to be
Categorically Exempt from the provisions of the California
Environmental Quality Act under Section 21080 of the Public
Resources Code.
Request for Continuance
to January 12, 2015
Project Planner:
Gustavo Gonzalez
ggonzalez@anaheim.net
Adjourn to Monday, January 12, 2015 at 5:00 p.m.
12/15/14
Page 7 of 7
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
5:30 p.m. December 10, 2014
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
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programada.
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: DECEMBER 15, 2014
SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05746
VARIANCE NO. 2014-04978
PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00110
LOCATION: 3125 East Orangethorpe Avenue
APPLICANT/PROPERTY OWNER: The applicant and property owner is Issam
Grhreiwatti with Sabrine Oil, Inc., represented by Joseph Karaki with Western States
Engineering, Inc.
REQUEST: The applicant requests approval of the following applications:
1) A Conditional Use Permit (CUP) to permit a convenience market with sales of
beer and wine for off-site consumption, in conjunction with an existing service
station;
2) A Variance to allow fewer parking spaces than required by the Zoning Code;
and
3) A Determination of Public Convenience or Necessity to permit the sale of beer
and wine for off-site consumption.
RECOMMENDATION: Staff recommends the Planning Commission adopt the
attached resolutions, determining that a Class 1 Categorical Exemption is the appropriate
environmental determination for this request and approving Conditional Use Permit
No. 2014-05746, Variance No. 2014-04978 and Determination of Public Convenience or
Necessity No. 2014-00110.
BACKGROUND: This 0.54 acre property is currently developed with a service station
and automotive repair garage. The property is zoned General Commercial (C-G) and the
General Plan designates the property for Low Density Residential land uses. Surrounding
properties include single family homes to the north and east, multiple-family residences to
the south, across Orangethorpe Avenue, and a convenience market to the west, across
Kraemer Boulevard.
200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net
CONDITIONAL USE PERMIT NO. 2014-05746
December 15, 2014
Page 2 of 3
PROPOSAL: The applicant requests approval to convert and expand an existing automotive
repair building with three service bays into a convenience market. The existing 1,749 square foot
building would be expanded by 481 square feet on the north side of the building. The building
would be modified to eliminate the existing garage doors and relocate the entry. The elevations
would be updated to include a stucco finish with ledge stone wainscoting and decorative trim.
Matching stone would also be applied to the existing canopy columns. The applicant proposes
new landscape planters along the north and east property lines where there are currently no
planters. Eight Crepe Myrtle trees are proposed along the east property line.
The convenience market would include beer and wine sales for off-premises consumption. The
beer and wine display area would be limited to the cooler. The convenience market would also
have a Subway fast food counter. The fast food counter would be for take-out service only and no
seating would be provided on-site. The service station and convenience market would be open 24
hours a day, with sales of beer and wine until 2:00 a.m. The fast food counter would be open from
11:00 a.m. to 10:00 p.m.
ANALYSIS: Following is staff’s analysis and recommendations for each requested action:
Conditional Use Permit: The proposed use is conditionally permitted in the C-G zone. The Zoning
Code requires a conditional use permit for service station convenience markets with beer and
wine sales in order to determine compatibility with surrounding land uses. The applicant has
designed the project to improve the aesthetics of the property and minimize impacts of the
commercial use on the adjacent single-family residences. The proposed project would eliminate a
heavy commercial automotive repair use that uses loud equipment. New landscape planters would
be constructed along the north and east property lines adjacent to the single-family residences,
including a row of trees along the east side. Trees are not permitted along the north property line
due to an existing water line running the length of the property, within a ten-foot wide utility
easement. The trash enclosure is proposed next to the building and away from the residences to
minimize potential noise or odor impacts.
Parking: The proposed use requires 15 parking spaces and 14 spaces would be provided. The
convenience market requires 12 parking spaces and an additional three spaces are required for the
fast food take-out counter. This station has eight fueling stations where vehicles may “park” in
addition to the 14 provided spaces. The applicant has experience operating several service
stations that include a convenience market and Subway fast food counter and has found that
approximately 80 percent of customers to the convenience market “park” at the fueling stations.
Staff has made similar observations at other service stations throughout the city. Based on this
information, the site would have more than adequate parking to meet the demand of the
convenience market and take-out restaurant.
Request for Determination of Public Convenience or Necessity:
State law limits the issuance of new alcoholic beverage sales licenses when a license is requested
for a property located in a police reporting district with a crime rate above the City average or
when there is an over-concentration in the number of alcoholic beverage licenses within a census
tract. However, such restrictions can be waived if the local jurisdiction makes a determination
that the proposed outlet would serve "public convenience or necessity." A Determination of
CONDITIONAL USE PERMIT NO. 2014-05746
December 15, 2014
Page 3 of 3
Public Convenience or Necessity is required in this case because approval of this request will
result in an over-concentration of off-premises licenses within this census tract. The number of
alcohol licenses allowed in each of the City’s census tracts is regulated by the State Department
of Alcoholic Beverage Control (ABC) and is based upon population. The project site is located
within Census Tract No. 117.22, which has a population of 2,363 residents. This is a relatively
low population figure and allows for one license; presently there are three licenses within the
tract.
This site is located within a police reporting district that has a crime rate that is below the City
average. The Police Department does not oppose this request, subject to the recommended
conditions of approval which are included in the attached draft resolution. These conditions
include a requirement that the manager and employees attend ABC-sponsored training and limits
the location and quantity of the alcoholic beverage display area. The applicant also proposes to
install a new security camera system for surveillance of the parking area and the interior of the
store. Staff believes that the proposed sale of beer and wine as a convenience to customers of the
service station would be compatible with the surrounding neighborhood since the sale of beer
and wine would be incidental to the service station, convenience market and fast food counter.
CONCLUSION: Staff supports the proposed project because it would improve the aesthetics of
the property, reduce impacts associated with the current heavy commercial automotive repair
use, and provide an improved landscape buffer between the commercial use and adjacent
residential uses. The parking provided on-site would be sufficient to meet the parking demand of
the business. Staff recommends approval of the project.
Prepared by, Submitted by,
Elaine Thienprasiddhi Jonathan E. Borrego
Associate Planner Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Conditional Use Permit and Variance Resolution
3. Draft Public Convenience or Necessity Resolution
4. Applicant’s Letter of Request and Justification
5. Police 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 website at
www.anaheim.net/planning.
6. Development Plans
7. Site Photographs
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[DRAFT] ATTACHMENT NO. 2
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2014-05746 AND
VARIANCE NO. 2014-04978 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014-00071)
(3125 EAST ORANGETHORPE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for (i) Conditional Use Permit No. 2014-05746 to
permit a convenience market with sales of beer and wine for off-premises consumption and a fast
food restaurant in conjunction with an existing service station, and (ii) Variance No. 2014-04978
to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code") for
that certain real property located at 3125 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"). Conditional Use Permit
No. 2014-05746 is proposed in conjunction with a request that the Planning Commission
determine that the public convenience or necessity will be served by the issuance by the
California Department of Alcoholic Beverage Control ("ABC") of a Type 20 (Off-Sale Beer and
Wine) license (herein referred to as "Public Convenience or Necessity No. 2014-00110") to
permit the sale of beer and wine for consumption off the licensed premises (herein referred to
collectively as the “Proposed Project”); and
WHEREAS, the Property, consisting of approximately 0.54 acres, is currently developed
with a service station with automotive repair. The Property is located in the “C-G” Commercial
General Zone. The Anaheim General Plan designates this Property for Low Density Residential
land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 15, 2014 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 of the
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the “lead agency” under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the 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 Title 14 of the California Code of Regulations, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically, exempt from the provisions
of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for Conditional Use Permit No. 2014-05746, does find
and determine the following facts:
- 1 - PC2014-***
1. The Proposed Project is properly one for which a conditional use permit is
authorized under subsection .040 of Section 18.08.030 of the Code.
2. The Proposed Project will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located because the service
station is existing and only a minor expansion is proposed. The project has been designed to
minimize impacts to surrounding uses, including siting the trash enclosure away from residences
and providing a new landscape buffer along the property lines adjacent to residential properties;
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Property is currently developed with a service station
with only a minimal expansion; and
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets. The service station is existing and the majority of customers visiting the convenience
market and restaurant would be current service station customers; and
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a
land use that is compatible with the surrounding area.
WHEREAS, the Planning Commission does further find and determine that the request
for a variance to allow fewer parking spaces than required by the Code in conjunction with the
service station with convenience market and restaurant should be approved for the following
reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(15 spaces required; 14 spaces proposed)
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. A parking justification letter was prepared by
the applicant, determining that the number of parking spaces proposed will be sufficient to
accommodate the uses on the site. Approximately 80% of customers are expected to order food
or visit the convenience market while their vehicle is being fueled at the pump, thereby providing
eight additional spaces for vehicles in addition to the 14 parking spaces proposed;
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 because the proposed parking will adequately accommodate the peak parking
demands of the Proposed Project;
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 because the on-site parking for the Proposed Project will adequately
accommodate peak parking demands for the uses on the site;
- 2 - PC2014-***
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 uses because the
service station is existing and 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, 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 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
Proposed Project.
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. 2014-05746 and Variance No. 2014-04978, contingent
upon and subject to the conditions of approval set forth in Exhibit B attached hereto and
incorporated herein by this reference, which are hereby found to be a necessary prerequisite to
the proposed use of the Property in order to preserve the health, safety and general welfare of the
citizens of the City of Anaheim. Extensions for further time to complete conditions of approval
may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with
conditions of approval may be amended by the Planning Director upon a showing of good cause
provided (i) equivalent timing is established that satisfies the original intent and purpose of the
condition(s), (ii) the modification complies with the Code, and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
- 3 - PC2014-***
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 15, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 15, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December,
2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2014-***
- 5 - PC2014-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2014-05746 AND VARIANCE NO. 2014-04978
(DEV2014-00071)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1 The legal property owner shall execute and record a covenant in a form
satisfactory to the City Engineer and City Attorney to relocate at the
property owner’s sole expense the freestanding monument sign located
within the ultimate right-of-way easement of Orangethorpe Avenue (60
feet from street centerline and corner cut-back) and existing right-of-way
of Kraemer Boulevard (53 feet from street centerline). The relocation
shall be in accordance with plans and specifications submitted to the City
of Anaheim by the applicant, which plans are on file with the Planning
Department.
Public Works,
Development Services
2 The property owner shall irrevocably offer to dedicate to the City of
Anaheim by deed in a form satisfactory to the City Engineer an easement
of 60 feet in width from the centerline of Orangethorpe Avenue and a
corner cut-off dedication at Orangethorpe Avenue and Kraemer
Boulevard for road, public utilities, and other public purposes.
Public Works,
Development Services
3 The plans and specifications shall demonstrate the relocated propane tank
to be installed in a horizontal orientation and screened from
Orangethorpe Avenue by shrubs.
Planning Department,
Planning Services
Division
ON-GOING DURING PROJECT OPERATIONS
4 Managers/Owners shall call the Department of Alcoholic Beverage
Control and obtain LEAD (Licensee Education on Alcohol and Drugs
Program) Training for themselves and register employees. The contact
number is 714-558-4101.
Police Department
5 No display of alcoholic beverages shall be located outside of a building
or within five (5) feet of any public entrance to the building.
Police Department
6 There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages. Interior displays of
alcoholic beverages or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
Police Department
7 The area of alcoholic beverage displays shall not exceed 25% of the total
display area in a building.
Police Department
- 6 - PC2014-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
8 Sale of alcoholic beverages shall be made to customers only when the
customer is in the building.
Police Department
9 The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around these
premises.
Police Department
10 Petitioner(s) shall police the area under their control in an effort to
prevent the loitering of persons around the premises.
Police Department
11 There shall be no amusement machines, video game devices, or pool
tables maintained upon the premises at any time.
Police Department
12 Loitering is prohibited on or around these premises or this area under the
control of the licensee(s).
Police Department
13 The parking lot of the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discernible the appearance
and conduct of all persons on or about the parking lot. Additionally, the
position of such lighting shall not disturb the normal privacy and use of
any neighboring residences.
Police Department
14 Any Graffiti painted or marked upon the premises or on any adjacent
area under the control of the licensee shall be removed or painted over
within 24 hours of being applied.
Planning Department,
Code Enforcement
Division
GENERAL
15 The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department, and
as conditioned herein.
Planning Department,
Planning Services
Division
16 Conditions of approval related to each of the timing milestones above
shall be prominently displayed on plans submitted for permits. For
example, conditions of approval that are required to be complied with
prior to the issuance of building permits shall be provided on plans
submitted for building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and electrical plans,
landscape irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
Planning Department,
Planning Services
Division
17 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
Planning Department,
Planning Services
Division
- 7 - PC2014-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
18 The Applicant shall defend, indemnify, and hold harmless the City and
its officials, officers, employees and agents (collectively referred to
individually and collectively as “Indemnitees”) from any and all claims,
actions or proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys’ fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
Planning Department,
Planning Services
Division
- 8 - PC2014-***
[DRAFT] ATTACHMENT NO. 3
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00110
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014-00071)
(3125 EAST ORANGETHORPE AVENUE)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134,
establishing procedures and delegating certain responsibilities to the Planning Commission
relating to the determination of "public convenience or necessity" on those certain applications
requiring that such determinations be made by the local governing body pursuant to applicable
provisions of the California Business and Professions Code, and prior to the issuance of a license
by the Department of Alcoholic Beverage Control ("ABC"); and
WHEREAS, Section 23958 of the Business and Professions Code provides that the
ABC shall deny an application for a license if issuance of that license would tend to create a law
enforcement problem, or if issuance would result in or add to an undue concentration of licenses,
except when an applicant has demonstrated that public convenience or necessity would be served
by the issuance of a license; and
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the “Planning Commission”) did receive a verified petition request that the Planning
Commission determine that the public convenience or necessity will be served by the issuance by
the California Department of Alcoholic Beverage Control ("ABC") of a Type 20 (Off-Sale Beer
and Wine) license (herein referred to as "Public Convenience or Necessity No. 2014-00110") to
permit the sale of alcoholic beverages for off-premises consumption within a service station
convenience market in conjunction with a request for Conditional Use Permit No. 2014-05746
and Variance No. 2014-04978 (herein referred to as the "Proposed Project") for certain real
property located at 3125 E. 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, consisting of approximately 0.54 acres, is developed with a
service station with automotive repair. The Property is located in the “C-G” Commercial
General Zone. The Anaheim General Plan designates this Property for Low Density Residential
land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 15, 2014 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 said proposed Public
Convenience or Necessity No. 2014-00110, and to investigate and make findings and
recommendations in connection therewith; and
- 1 - PC2014-***
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the 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 Title 14 of the California Code of Regulations, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for Public Convenience or Necessity No. 2014-00110,
does find and determine the following facts:
1. The Proposed Project is properly one for which a conditional use permit is
authorized under subsection .040 of Section 18.08.030 of the Code.
2. That California state law requires a determination of "Public Convenience or
Necessity" when property is located in a police reporting district with a crime rate above the City
average and has an over-concentration of licenses; and that Section 23958 of the Business and
Professions Code provides that the ABC shall deny an application for a license if issuance of that
license would tend to create a law enforcement problem or if issuance would result in, or add to,
an undue concentration of licenses, except when an applicant has demonstrated that public
convenience or necessity would be served by issuance of a license.
3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department
to make recommendations related to the public convenience or necessity determinations; and
when the sale of alcoholic beverages for on-premises consumption is permitted by the Municipal
Code under Conditional Use Permit No. 2014-05737, said recommendations shall take the form
of conditions of approval to be imposed on the determination in order to ensure that the sale and
consumption of alcoholic beverages does not adversely affect any adjoining land use or the
growth and development of the surrounding area.
4. That the Property is located in Reporting District 1231, which has a crime rate
which is below the City average. The Property is also located in Census Tract 117.22, which
permits one off-sale license. Currently, there are three off-sale licenses existing within Census
Tract 117.22.
5. That there are no schools adjacent to the subject Property. The subject Property
abuts two residential properties to the north and east. Access to the subject Property is gained
from Orangethorpe Avenue and Kraemer Boulevard, while access to the homes is gained from
nearby local streets so that any visitors to the site would not be comingled with the residential
neighborhood. The subject Property is physically and visually separated from the residential
properties by a six-foot high wall/fence.
- 2 - PC2014-***
6. That there are three other off-sale licenses within this Census Tract. The request
to sell beer and wine is to provide a convenience to customers of the service station and proposed
convenience store. The conditions of approval will ensure that approval of the proposal will not
adversely affect any adjoining land use or the growth and development of the surrounding area.
7. That the determination of "Public Convenience or Necessity" can be made based
on the finding that the license requested is consistent with the Planning Commission guideline
for such determinations and further that the granting of the determination of Public Convenience
or Necessity under the conditions imposed will not be detrimental to the health and safety of 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
determine that the public convenience or necessity will be served by the issuance of a license for
the sale of alcoholic beverages for off-premises consumption within a service station
convenience market at this location and, accordingly, hereby approves Public Convenience or
Necessity No. No. 2014-00110, contingent upon and subject to the conditions of approval
described in Exhibit B attached hereto and incorporated herein by this reference, which are
hereby found to be a necessary prerequisite to the proposed use of the Property in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent timing
is established that satisfies the original intent and purpose of the condition(s), (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
- 3 - PC2014-***
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 December 15, 2014. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 15, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2014-***
- 5 - PC2014-***
EXHIBIT “B”
PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00110
(DEV2014-00071)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
ON-GOING DURING PROJECT OPERATIONS
1 Managers/Owners shall call the Department of Alcoholic Beverage
Control and obtain LEAD (Licensee Education on Alcohol and Drugs
Program) Training for themselves and register employees. The contact
number is 714-558-4101.
Police Department
2 No display of alcoholic beverages shall be located outside of a building
or within five (5) feet of any public entrance to the building.
Police Department
3 There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages. Interior displays of
alcoholic beverages or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
Police Department
4 The area of alcoholic beverage displays shall not exceed 25% of the total
display area in a building.
Police Department
5 Sale of alcoholic beverages shall be made to customers only when the
customer is in the building.
Police Department
6 The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around these
premises.
Police Department
7 Petitioner(s) shall police the area under their control in an effort to
prevent the loitering of persons around the premises.
Police Department
8 There shall be no amusement machines, video game devices, or pool
tables maintained upon the premises at any time.
Police Department
9 Loitering is prohibited on or around these premises or this area under the
control of the licensee(s).
Police Department
10 The parking lot of the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discernible the appearance
and conduct of all persons on or about the parking lot. Additionally, the
position of such lighting shall not disturb the normal privacy and use of
any neighboring residences.
Police Department
- 6 - PC2014-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
GENERAL
11 The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department, and
as conditioned herein.
Planning Department,
Planning Services
Division
12 Conditions of approval related to each of the timing milestones above
shall be prominently displayed on plans submitted for permits. For
example, conditions of approval that are required to be complied with
prior to the issuance of building permits shall be provided on plans
submitted for building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and electrical plans,
landscape irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
Planning Department,
Planning Services
Division
13 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
Planning Department,
Planning Services
Division
14 The Applicant shall defend, indemnify, and hold harmless the City and
its officials, officers, employees and agents (collectively referred to
individually and collectively as “Indemnitees”) from any and all claims,
actions or proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys’ fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
Planning Department,
Planning Services
Division
- 7 - PC2014-***
October 7, 2014 City of Anaheim Planning Department 200 S. Anaheim Blvd. Anaheim, CA 92805 SUBJECT: JUSTIFICATION FOR CONDITIONAL USE PERMIT,
VARIANCE AND PUBLIC CONVENIENCE OR NECESSITY REFERENCE: SHELL Service Station 3125 E. Orangethorpe Ave Anaheim, CA 92806
GENERAL PROJECT DESCRIPTION The property consists of an existing gas station with three (3) mechanic bay garages and a small snack shop, approximately 1,749 square feet. My Client would like to convert the 3 bay mechanic garages into a Food Mart and a Subway QSR. We are also applying for the sales of Beer & Wine license, Type 20. The existing building will be expanded at the north side by 500 square feet resulting in a total area of 2,249 square feet. My Client intends to improve the existing building facades, with a Mediterranean Architectural Design to compliment the surrounding neighborhood. Also, add some stone element to the existing canopy columns. Also new landscape planters will be built, along the east and north side of the property.
Hours of operation. The Food Mart and Service station will be open 24 hours. Subway will be open from 11:00 am until 10:00 pm with no seating area; only take out service would be available. There will be two to three employees working at the station during the day time and one to two employees working the night time shift.
Security. A new security camera system will be installed to secure the parking lot for safety as well as the inside of the store. All area lighting in the parking lot will be replaced with all new LED lights, including the existing canopy lights, for energy savings. The new parking/area lights will not spill over into the neighboring residence. We intend to install lights shields for that purpose, wherever needed.
WESTERN STATES
Engineering, Inc.
4887 E. La Palma Ave. Ste. 707 Anaheim , CA 92807
► (714)695-9300 (714)693-1002 fax Lic# 723791 www.westernsec.com
ATTACHMENT NO. 4
Conditional Use Permit Justification:
The following findings of fact are required pursuant to the Anaheim Municipal Code, all of which are affirmatively proven:
1.0 That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or is an unlisted use as defined in subsection .030
(Unlisted Uses Permitted) of Section 18.66.040 (Approved Authority) of the
Anaheim Municipal Code.
The proposed project would consist of a conversion of an existing 3 bay mechanic garage, 1,749 SF, into a Foodmart with an extension of 500 SF in the back of the building (North side), so the total area of 2,249 SF. Also, within the building, there will a Quick Service Restaurant “ Subway”, for take out food. The exterior elevations of the new conversion will be remodeled with a Mediterranean architectural design. The Anaheim Municipal code allows the above use as proposed.
2.0 That the proposed use will not adversely affect the adjoining land uses or the
growth and development of the area in which it is located.
The conversion of the existing Shell service Station, 3 bay mechanic garage, into a Foodmart/ Convenience Store will not adversely affect the adjoining land uses or the growth and development of the area in which it is located. The site is surrounded by Kramer Ave to the South, Orangethorpe Ave to the West. The area surrounding the Property is generally built out. The project site is bordered on the north by a single family residence, and the east by a single family residence. The conversion from mechanic bay into a convenience store with a QSR will compliment all of these surrounding land uses. It will provide more convenience to gas station customers, to be able to shop at the newly created convenience store and Subway QSR. Therefore, the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is located.
3.0 That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular
area or to health and safety.
The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety. The main existing use, gas station, will remain the same. The existing building will be extended by 500SF to the north. The fueling canopies will remain the same. Therefore, converting the existing 3 mechanic bay garage into a convenience store will be adequate, because it will be part of the existing gas station operation, of the conditions that will be applied to it and the gas station/ C Store/ Subway standard business practice, the proposed use will not be detrimental to the health, safety and general welfare of the public or otherwise injurious to the environment or property or improvements in the area.
4.0 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.
The traffic generated from the proposed use will not impose an undue burden upon streets and highways designed and improved to carry the traffic in the area, because
the gas station with the 3 mechanic bay garages existed prior. The conversion into a C-tore and Subway will not impact the traffic. The same customers who otherwise stop to fuel their cars will continue to shop at the foodmart or Subway. As such, the new conversion will not measurably change the existing numbers of customers at the store.
5.0 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 Anaheim. Because of the nature of the business, and because the c-store/ Subway is part of an existing gas station, the proposed use will not harm the health and safety of the citizens of the city of Anaheim. Along those lines, so as to ensure compatibility with surrounding neighborhoods, the owner will take all necessary measures to have his employees undergo training, prior to beer, wine and cigarettes being made available at the store. Owner will ensure safety of his customers and employees, by installing a high end security system, inside and outside the c-store, and parking lot area. There will be new LED lights in the parking lot area. As such, the project will not be injurious to the environment or to the property or improvements in the surrounding area.
Parking Variance Justification:
1.0 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 proposed use, conversion from 3 bay mechanic garage to a convenience store and a Subway QSR, will not require more parking spaces than provided, due to the fact that most customers stop by the gas station primary to fill up gasoline. While they stop by the fueling pumps, they walk into the convenience to pay for gasoline or buy food merchandise. Therefore, all parking spaces provided for the proposed use, will be sufficient, taking into the consideration the additional parking used by customers when stopping by the fueling pumps.
2.0 The variance, under the conditions imposed if any, will not increase the demand and for
parking spaces upon the public streets in the immediate vicinity of the proposed use;
The conversion of the existing Shell service Station, 3 bay mechanic garage, into a Foodmart/ Convenience Store/ Subway will not adversely increase the demand and parking spaces upon public streets in the immediate vicinity of the proposed use. The site is surrounded by Kramer Ave to the South, Orangethorpe Ave to the West. The area surrounding the Property is generally built out. The project site is bordered on the north by a single family residence, and the east by a single family residence. The proposed parking spaces on site will be adequate enough, not to increase the demand for parking spaces upon public streets in the immediate vicinity of the proposed use.
3.0 The variance, under the conditions imposed if any, will not increase the demand and 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 18.42.050.030 (Non-Residential
Uses — Exception);
As stated earlier, the proposed use will not require additional parking, beyond what is provided. The proposed use will service mostly pass-by vehicles from the adjacent roadways and businesses or residents are who already in the area. Therefore, based on history of similar uses in the same vicinity, the variance, under the conditions imposed if any, will not increase the demand and for parking spaces upon adjacent private property in the immediate vicinity of the proposed use.
4.0 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.
From an operational history of such use, ( Service Stations/ Convenience Srore) 80% of customers would park their cars at the fueling pump to fill up gas, and walk to the Food Mart to pay the cashier or buy food. The remaining 20% or less of the customers who would only shop and not get any fuel, would use the parking area provided for customers. In reality, there are adequate numbers of parking spaces provided for the use than the number required by code . Therefore, 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.
5.0 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.
Both streets surrounding the subject property, on the south and west side, are well developed, with a signalized intersection. The proposed use will not increase additional traffic into the existing gas station, because the new use will serve the same customers and residents in the same as for the past 20 years. Therefore, 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. Determination of Public Convenience or Necessity:
1.0 What is the primary purpose of your business? Is the sale of alcohol an essential
part of the primary purpose of the business?
The business is primarily a service station and we propose a convenience market including a Subway fast food restaurant. The sale of beer and wine is an essential part of the convenience market as customers typically expect to be able to purchase beer and wine at these types of stores. It will, however, be a minor portion of the business.
2.0 Are there similar businesses or a concentration of alcohol outlets in the immediate
area that already provide alcohol service? If so, how would the public convenience
or necessity be served by permitting an additional license within the census tract?
There is a 7-11 across the street from our service station. However, having the ability to sell beer and wine at our location will allow our customers the ability to purchase beer or wine while fueling their vehicle and not having to make a separate stop.
3.0 Is there a residential neighborhood or school adjacent to the property for which you
are requesting a public convenience or necessity determination? If so, please
explain how permitting an additional license would not disproportionately impact an
adjacent residential neighborhood or school.
There is no school adjacent to the subject property. The property abuts The subject Property abuts two residential properties to the north and east. Access to the subject Property is gained from Orangethorpe Avenue and Kraemer Boulevard, while access to the homes is gained from nearby local streets so that any visitors to the site would not be comingled with the residential neighborhood. The subject Property is physically and visually separated from the residential properties by a six-foot high wall/fence.
4.0 What percentage of your business do you anticipate will be alcohol sales?
Beer and wine sales will be a small portion of the items that would be sold in the convenience market and percentage sales would be well below the 25% mandated by the Police Department.
5.0 Does your business cater to a specific need or specialty which is not currently
available in the area?
We would be able to offer our customers the convenience of purchasing beer or wine while fueling their vehicle.
6.0 Are you proposing any specific operational measures to eliminate or limit any
potential negative consequences from the sale of alcoholic beverages?
All employees will undergo the appropriate training through ABC prior to selling beer and wine. The parking lot will be well lit and a new security camera system is proposed both inside and outside of the building.
7.0 What type of license are you requesting from ABC? Is it an existing license?
Where is the license being purchased from? We are requesting a Type 20 (Off-Sale Beer and Wine) from the State Department of Alcoholic Beverage Control (ABC). If you have any concerns or questions, please do not hesitate to call me at 714-695-9300. Sincerely, Joseph Karaki President
City of Anaheim
INTERDEPARTMENTAL REVIEW COMMITTEE
To: Elaine Thienprasiddhi/Planning Department
Case No.: DEV 2014-00071/CUP 2014-05746
Shell Service Station
3125 E. Orangethorpe Ave.
Date: August 27, 2014
From: Lieutenant Craig Friesen
Anaheim Police Department
Vice, Narcotics and Criminal Intelligence Bureau Commander
Contact: Name: S.P.S.R. Michele Irwin
Phone: 714-765-1461
Email: mmirwin@anaheim.net
The Police Department has reviewed the above case. Please see the following comments and conditions for more information:
COMMENTS: Public Convenience and Necessity Information: The Police Department has received an I.D.C. Route Sheet for DEV 2014-0071. The applicant is requesting to convert and expand an existing auto repair building to a convenience market and Subway restaurant, to include beer and wine sales for off-site consumption, in conjunction with an existing service station with less parking than required by code. The location is in Census Tract Number 117.22 which has a population of 2,363. This population allows for 2 on sale Alcoholic Beverage Control licenses and there are presently 2 licenses in the tract. It also allows for 1 off sale license and there are presently 3 licenses in the tract. This location is within Reporting District 1231 which is below the city average in crime. There have been 2 calls for service to this location in the last year and they consisted of: 1 petty theft and 1 suspicious circumstance. The ¼ mile radius surrounding this location is also below the city average in crime. The calls for service primarily consisted of: 5 simple assaults, 3 petty thefts and 2 frauds.
RECOMMENDED CONDITIONS OF APPROVAL: The Police Department requests the following conditions be placed on the Conditional Use Permit:
ATTACHMENT NO. 5
No. Timing Condition Responsible
Department
1.
Managers / Owners need to call the Department
of Alcoholic Beverage Control and obtain LEAD
(Licensee Education on Alcohol and Drugs
Program) Training for themselves and register
employees. The contact number is 714-558-4101.
Police Department
2.
No display of alcoholic beverages shall be
located outside of a building or within five (5) feet
of any public entrance to the building.
Police Department
3.
There shall be no exterior advertising or sign of
any kind or type, including advertising directed
to the exterior from within, promoting or
indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages or signs
which are clearly visible to the exterior shall
constitute a violation of this condition.
Police Department
4.
The area of alcoholic beverage displays shall not
exceed 25% of the total display area in a building. Police Department
5.
Sale of alcoholic beverages shall be made to
customers only when the customer is in the
building.
Police Department
6.
The possession of alcoholic beverages in open
containers and the consumption of alcoholic
beverages are prohibited on or around these
premises.
Police Department
7.
Any Graffiti painted or marked upon the premises
or on any adjacent area under the control of the
licensee shall be removed or painted over within
24 hours of being applied.
Police Department
8.
Petitioner(s) shall police the area under their
control in an effort to prevent the loitering of
persons around the premises.
Police Department
9.
There shall be no amusement machines, video
game devices, or pool tables maintained upon
the premises at any time.
Police Department
10.
Loitering is prohibited on or around these
premises or this area under the control of the
licensee(s).
Police Department
11.
The parking lot of the premises shall be equipped
with lighting of sufficient power to illuminate and
make easily discernible the appearance and
conduct of all persons on or about the parking
lot. Additionally, the position of such lighting
shall not disturb the normal privacy and use of
any neighboring residences.
Police Department
Concur: Office of Chief of Police f:\home\mmirwin\CUP\2014-00071 DEV 3125 E Orangethorpe Shell.doc
(E) BUILDING
(E) CANOPY
1,749 sq. ft.
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Plotted: Monday, November 17, 2014 3:07 PM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\1. Architectural\SHEETS\AS-0.1_SITE PLAN EXISTING.dwgMR. ASSAM GHREIWATI
19851 ESPERANZA RD.
YORBA LINDA, CA 92886
UNDERGROUND STORAGE
TANK INSTALLATION
19851 ESPERANZA RD.
YORBA LINDA, CA 92886
WS
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ATTACHMENT NO. 6
1,436 sq. ft.
(E) 1,749 sq. ft.
C-STORE
(E) CANOPY
(N) 481 sq. ft.
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Plotted: Monday, November 17, 2014 3:10 PM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\1. Architectural\SHEETS\AS-1.0_SITE PLAN.dwgMR. ASSAM GHREIWATI
19851 ESPERANZA RD.
YORBA LINDA, CA 92886
UNDERGROUND STORAGE
TANK INSTALLATION
19851 ESPERANZA RD.
YORBA LINDA, CA 92886
WS
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PROJECT SITE
NORTH
VICINITY MAP
ASSESSOR'S PARCEL NO.
344-422-01
ZONING
BLDG SETBACKS
ABUTTING ARTERIALS
ABUTTING RESIDENTIAL
ZONE BOUNDARY
REQUIRED PROPOSED
LANDSCAPE AREA
FLOOR AREA RATIO
MAXIMUM HEIGHT
PARKING
PARKING STANDARDS
SIZE
REGULAR
$1*/('
HANDICAP
TYPE
PARKING REQUIREMENTS
USE FORMULA REQUIRED PROPOSED
BUILDING (EXISTING)C-STORE
OCCUPANCY
TYPE OF CONST
NUMBER OF STORY
AREA TOTAL
BLDG HEIGHT
HANDICAP PARKING REQUIREMENTS
FORMULA REQUIRED PROPOSED
AREA OF SITE
CANOPY
OCCUPANCY
TYPE OF CONST
NUMBER OF STORY
AREA
BLDG HEIGHT
PROJECT DATA
BUILDING DATA
PARKING ANALYSIS
LOT COVERAGE
BUILDING (EXISTING)
LEGEND
LEGAL DESCRIPTION
LOADING
LAND USE
SITE KEY NOTES
2
2
1
1
2
2
EXISTING
ADDITION
LANDSCAPE SETBACKS
2
2
2
2
1
1
LOCKERLOCKERCOLOCKER
2,249 SQ. FT.
SUBWAY
C-STORE
AREA TABULATION
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19851 ESPERANZA RD.
YORBA LINDA, CA 92886
UNDERGROUND STORAGE
TANK INSTALLATION
19851 ESPERANZA RD.
YORBA LINDA, CA 92886
(.1142.#0
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P1
P2
P3
WALL LEGEND
P4
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ROOF KEY NOTES
ROOF FINISHES
1
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Plotted: Monday, November 17, 2014 3:04 PM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\1. Architectural\SHEETS\A-3.0 BLDG ELEVATIONS.dwgMR. ASSAM GHREIWATI
19851 ESPERANZA RD.
YORBA LINDA, CA 92886
UNDERGROUND STORAGE
TANK INSTALLATION
19851 ESPERANZA RD.
YORBA LINDA, CA 92886
':6'4+14
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#Ä
WS
WS
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SCALE:1 SOUTH-WEST ELEVATION
1/4" = 1'-0"
SCALE:2 NORTH-EAST ELEVATION
1/4" = 1'-0"
MATERIAL
1
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COLORS
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SUBMITTAL
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CONFIDENTIALITY STATEMENT
SHEET NUMBER
SHEET TITLE
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Plotted: Monday, November 17, 2014 3:05 PM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\1. Architectural\SHEETS\A-3.0 BLDG ELEVATIONS.dwgMR. ASSAM GHREIWATI
19851 ESPERANZA RD.
YORBA LINDA, CA 92886
UNDERGROUND STORAGE
TANK INSTALLATION
19851 ESPERANZA RD.
YORBA LINDA, CA 92886
':6'4+14
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#Ä
WS
WS
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1/4" = 1'-0"
SCALE:4 NORTH-WEST ELEVATION
1/4" = 1'-0"
SCALE:5 CROSS SECTION
1/4" = 1'-0"
MATERIAL
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DATEBYNO.DESCRIPTION
DESIGNED BY:
SCALE:
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CONSULTANT/ SEALS
Plotted: Tuesday, November 18, 2014 11:34 AM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\1. Architectural\SHEETS\A-3.0 BLDG ELEVATIONS.dwgMR. ASSAM GHREIWATI
19851 ESPERANZA RD.
YORBA LINDA, CA 92886
UNDERGROUND STORAGE
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19851 ESPERANZA RD.
YORBA LINDA, CA 92886
%1.14
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#Ä
WS
WS
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07-24-14
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SCALE:1 SOUTH-WEST ELEVATION
1/4" = 1'-0"
SCALE:2 NORTH-EAST ELEVATION
1/4" = 1'-0"
MATERIAL
1
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C-STORE
CANOPY
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SHEET NUMBER
SHEET TITLE
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DATEBYNO.DESCRIPTION
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CONSULTANT/ SEALS
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19851 ESPERANZA RD.
YORBA LINDA, CA 92886
UNDERGROUND STORAGE
TANK INSTALLATION
19851 ESPERANZA RD.
YORBA LINDA, CA 92886
WS
WS
JK
10-20-14
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.Ä
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PLANT LEGEND
KEY BOTANICAL NAME COMMON NAME SIZE
ATTACHMENT NO. 7
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.
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: DECEMBER 15, 2014
SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05748
LOCATION: 1665 South Brookhurst Street
APPLICANT/PROPERTY OWNER: The applicant is Ardent Care Assisted
Living, represented by Jenny Truong. The property owner is MEB Family Limited
Partnership #2, represented by Celia Cisneros.
REQUEST: The applicant proposes to convert an existing one-story office building
to a senior assisted living facility.
RECOMMENDATION: Staff recommends the Planning Commission adopt the
attached resolution, determining that a Class 1 Categorical Exemption is the appropriate
environmental determination for this request and approving Conditional Use Permit
No. 2014-05748.
BACKGROUND: This 0.67-acre property is developed with an office building and is
located in the General Commercial (C-G) Zone. The General Plan designates this property
for Corridor Residential land uses. Surrounding land uses include single-family homes to
the west, railroad right-of-way to the north, a commercial retail center to the south across
Crestwood Lane, and single-family homes to the east across Brookhurst Street.
In November 2013, a conditional use permit was approved to establish a preschool with a
variance to allow playground equipment and a six-foot high fence within the front setback.
This permit was never exercised and the preschool is no longer proposed at this location.
PROPOSAL: The applicant requests approval of a conditional use permit to operate a
senior assisted living facility with 13 rooms and 22 beds. The existing 7,070 square foot
office building would be expanded by 821 square feet for a total area of 7,891 square feet.
The facility would have common areas that include a central atrium, patio, library, living
room, and dining room. The front parking lot would be reconfigured to improve
circulation. This facility would be staffed 24 hours a day with five to seven staff members
per shift. Services include meals and personal care including medication, daily social
activities and transportation.
200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net
CONDITIONAL USE PERMIT NO. 2014-05748
December 15, 2014
Page 2 of 2
ANALYSIS: Senior assisted living facilities are permitted at this location, subject to approval
of a conditional use permit to determine compatibility with surrounding land uses. Because of
the property’s corner lot location and the adjacent railroad track to the north, the property abuts
only one developed property; a single family residence to the west of the property. A six foot
high wall separates this property from the adjacent residence and no changes are proposed to the
parking area adjacent to the residence. Outdoor common areas are located within a central
courtyard and adjacent to the railroad tracks and are not anticipated to have any impacts on the
surrounding area. Modifications to the exterior of the building are limited to the enclosure of
two small exterior areas that are currently under the existing roofline. Refurbishment of existing
landscape areas would be provided throughout the property.
The parking requirement for this use is 18 spaces based on the number of beds and 23 spaces
will be provided. The majority of residents would not drive or have a car on the property. The
rear parking lot, adjacent to the single family residence, would be for employees, while the front
lot would be for guests.
CONCLUSION: Staff supports the proposed assisted living facility because it would be
compatible with the mix of residential and commercial land uses in the surrounding area and
parking is adequate to accommodate the proposed use. Staff recommends approval of this request.
Prepared by, Submitted by,
Elaine Thienprasiddhi Jonathan E. Borrego
Associate Planner Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Conditional Use Permit Resolution
3. Applicant’s Letter of Request
4. CUP Justification
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 website at
www.anaheim.net/planning.
5. Development Plans
6. Site Photographs
C-GCHURCH
RS-2SINGLE FAMILY RESIDENCE
SINGLE FAMILY RESIDENCERS-2VACANTTSOUTHERN CALIFORNIAEDISON EASEMENT
RS-2SINGLE FAMILY RESIDENCE
RS-2SINGLE FAMILY RESIDENCE
RS-2SINGLE FAMILY RESIDENCE
C-GCARWASH
C-GOFFICES
RS-2SINGLE FAMILY RESIDENCE
U N I N C O R P O R A T E DUNINCORPORATEDANAHEIMANAHEIM
RS-2VACANTRS-2VACANTRS-2VACANTRS-2VACANTRS-2SINGLE FAMILY RESIDENCE
RS-2SINGLE FAMILY RESIDENCE
RS-2SINGLE FAMILY RESIDENCE C-GRETAIL
TSOUTHERN CALIFORNIAEDISON EASEMENT
RS-2SINGLE FAMILY RESIDENCE
C-GOFFICES
S BROOKHURST STW CRESTWOOD LN
W PACIFIC AVE
S ORME STW JUDITH LN
W FOREST LN
S WILLIAM MILLER DRS DIXIE DRS LAMAR STW GOLDEN WEST AVE
W CRIS AVE
S CHAMBERLAIN DRW PACIFIC AVE
W. BALL RD
. S. EUCLID STW. KATELLA AVES. GILBERT STS. BROOKHURST STS. MAGNOLIA AVE1 6 6 5 South Brookhurs t Street
D EV No. 2 0 14-00076
Subject Property APN: 127-601-15
ATTACHMENT NO. 1
°0 50 100
Feet
Aeri al Ph oto :May 20 14
S BROOKHURST STW CRESTWOOD LN
W PACIFIC AVE
S ORME STW JUDITH LN
W FOREST LN
S WILLIAM MILLER DRS DIXIE DRS LAMAR STW GOLDEN WEST AVE
W CRIS AVE
S CHAMBERLAIN DRW PACIFIC AVE
W JUDITH LN
W. BALL RD
. S. EUCLID STW. KATELLA AVES. GILBERT STS. BROOKHURST STS. MAGNOLIA AVE1665 South Brookhurst Street
DEV No. 2014-00076
Subject Property APN: 127-601-15
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:May 2014
[DRAFT] ATTACHMENT NO. 2
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014-05748 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014-00076)
(1665 SOUTH BROOKHURST STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2014-05748
to establish a convalescent home (referred to herein as the "Proposed Project") within a portion
of the real property located at 1665 South Brookhurst 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 0.67 acres in size and is currently
developed with a one-story office building. The Anaheim General Plan designates the Property
for Corridor Residential land uses. The Property is located in the “CG” General Commercial
Zone. As such, the Property is subject to the zoning and development standards described in
Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the 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 Title 14 of the California Code of Regulations, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, on December 15, 2014, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim
Municipal Code (the “Code”), to hear and consider evidence for and against proposed
Conditional Use Permit No. 2014-05748 and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the Proposed Project, does find and determine the
following facts:
1. The Proposed Project is an allowable primary use under the "Convalescent and
Rest Homes " class of uses within the “CG” General Commercial Zone subject to a conditional
use permit under Subsection .010 of Section No. 18.08.030 of the Code.
- 1 - PC2014-***
2. The Proposed Project will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located because the
convalescent home would be fully contained within the existing building with minimal
expansion;
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the convalescent home is proposed within an existing
building with only minimal expansion; and
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets. The majority of residents would not drive and only five to seven employees would be on-
site per shift; and
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a
land use that is compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014-05748, contingent upon and subject to the
conditions of approval described in Exhibit B attached hereto and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of that
portion of the Property to be used for the Proposed Project in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Code. Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition (s), (ii) the modification complies with the Code
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim
Municipal 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.
- 2 - PC2014-***
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
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 December 15, 2014. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 15, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of
December, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2014-***
- 4 - PC2014-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2014-05748
(DEV2014-00076)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1 Plans shall indicate that any existing walls or landscaping within the 7’
by 50’ line of sight triangles shall be reduced to 24” or less in height.
Planning Department,
Planning Services Division
2 Plans submitted for building permits shall indicate a change of
occupancy and upgraded construction type.
Planning Department,
Building Division
OPERATIONAL CONDITIONS
3 The property shall be permanently maintained in an orderly fashion
through the provision of regular landscaping maintenance, removal of
trash or debris, and removal of graffiti within twenty four (24) hours
from time of occurrence.
Planning Department,
Code Enforcement
Division
GENERAL CONDITIONS
4 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 Department,
Planning Services Division
5 The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively
referred to individually and collectively as “Indemnitees”) from any
and all claims, actions or proceedings brought against Indemnitees
to attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
or determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant’s indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys’ fees and other
costs, liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
Planning Department,
Planning Services Division
6 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of
the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
Planning Department,
Planning Services Division
- 5 - PC2014-***
ATTACHMENT NO. 3
ATTACHMENT NO. 4
1332145678912 111011109876543211312 (E)DRIVEWAY(E) DRIVEWAY(E)DRIVEWAY 252.65'122.25'(HC)(HC)489 SF332 SF(E) WALLLEGENDDEMO WALL(N) WALL(N) LANDSCAPE(N) AREANEWNEW(E)PARKWAY
(E)SIDE WALK14 151718192021232216RAMP UPF.S: +0.0RAMP UPF.S: +0.0P.PP.PF.HL.PE.TE.BP.PE.BL.PW.MP.PP.PP.P(E) 8' HI. BLOCK WALL100.0'(E) 6' HI. BLOCK WALL(E) 2' HI. BLOCK WALLMASONRY WALL20' CENTER LINE - CRESTWOOD LANE40' CENTER LINE - BROODHURST STREET (E) RAILROADF.S: +2.0F.S: +2.0F.S: +2.0F.S: +2.0UTILITY EASEMENTUTILITY EASEMENT(E) COURT YARD(E) COURT YARD(E) STORAGE(E) 16" HI. B.W(E) 36" HI. BLOCK WALL(E) 8' HI. BLOCK WALL(E) 8' HI. BLOCK WALLSIGHT DISTANCE TRIANGLE
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SIGHT DISTANCE TRIANGLE
REMOVE (E) BLOCK WALL
GROUND COVER ONLYSIGHT DISTANCE TRIANGLEREMOVE (E) BLOCK WALLGROUND COVER ONLYSIGHT DISTANCE TRIANGLEGROUND COVER ONLYSIGHT DISTANCE TRIANGLEGROUND COVER ONLYSIGHT DISTANCE TRIANGLEREMOVE (E) BLOCK WALLGROUND COVER ONLYSITE PLANA.2401 MARION BLVDFULLERTON . CA 92835PHONE: WEB:EMAIL:JOB NO:1665 S. BROOKHURST STREETREVISION:ANAHEIM, CA 928042OF 3DRAWN: BINH TRANPLOT: 8.11.2014714 . 476 . 7778INFO@ZBTGROUP.COMWWW.ZBTGROUP.COMZBT G R O U P AC20141"=10'EXP.:..................NO.: ..................NORTH
ATTACHMENT NO. 5
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FLOOR PLAN NOTES(E) WALLLEGENDDEMO WALL(N) WALL(N) LANDSCAPE(N) AREAMASONRY WALLNEW FLOOR PLANA.3401 MARION BLVDFULLERTON . CA 92835PHONE: WEB:EMAIL:JOB NO:1665 S. BROOKHURST STREETREVISION:ANAHEIM, CA 928043OF3DRAWN:BINH TRANPLOT:8.11.2014714 . 476 . 7778INFO@ZBTGROUP.COMWWW.ZBTGROUP.COMZBT G R O U PAC20141/4"=1'-0"EXP.:..................NO.: ..................CRESTWOOD LANENORTH
ARDENT CARE - SENIOR ASSISTED LIVING1665 S. BROOKHURST STREET . ANAHEIM . CA 92804ATTACHMENT NO. 6
ARDENT CARE - SENIOR ASSISTED LIVING1665 S. BROOKHURST STREET . ANAHEIM . CA 92804
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.
ITEM NO. 4
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: DECEMBER 15, 2014
SUBJECT: CONDITIONAL USE PERMIT NO. 1402A AND
VARIANCE NO. 2014-04991
LOCATION: 900 East Broadway (Cottage Pet Hospital)
APPLICANT/PROPERTY OWNER: The applicant is George Botros, GB
Architects, and the property owner is Birinder Sahai.
REQUEST: The applicant is requesting an amendment to a conditional use permit to
permit and retain an unpermitted expansion to an animal hospital. The applicant is
also requesting approval of 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 (CEQA)
under Class 1 (Existing Facilities) of the State CEQA Guidelines, and approving
Conditional Use Permit No. 1402A and Variance No. 2014-04991.
BACKGROUND: This 0.2-acre property is developed with an animal hospital. The
property is located in the General Commercial (C-G) zone and the General Plan
designates this property for Low-Medium Density Residential land uses. The property
is surrounded by a residential triplex to the east, a single- family residence to the south
across an alley, and condominiums to the north across Broadway and apartments to
the west across Vine Street.
Conditional Use Permit No. 1402 establishing an animal hospital at this location was
approved by the City Council in 1973. The current owner purchased the property and
the veterinary practice in 1995. An 803 square foot addition to the 1,818 square foot
building was constructed by a previous property owner without obtaining required
land use approvals and building permits. The property owner and staff recently
discovered that the addition to the building was unpermitted when the owner applied
for building permits to construct interior improvements to the animal hospital.
PROPOSAL: The applicant proposes to complete necessary improvements to the
unpermitted addition to meet applicable building codes and modify the interior of the
facility to provide an area for the boarding of dogs and cats treated at the hospital.
Hours of operation are from 7:30 a.m. to 7:00 p.m., Monday through Friday; 8:00 a.m.
to 4:00 p.m. on Saturday; and 10:00 a.m. to 6:00 p.m. on Sunday.
200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net
CONDITIONAL USE PERMIT NO. 1402A AND VARIANCE NO. 2014-04991
December 15, 2014
Page 2 of 2
ANALYSIS: The following is staff’s analysis of the requested entitlements.
Conditional Use Permit: The Zoning Code permits animals hospitals in this zone, subject to
approval of a conditional use permit. The Code requires a public hearing for modifications to
conditional use permits that were approved more than ten years ago or for modifications that
represent a substantial change to the original plans. Since the original conditional use permit was
approved more than 40 years ago, and the unpermitted addition represents a substantial addition to
the previously-approved site plan, a public hearing is required.
The primary nature of the business has not changed as a result of the additional building area. The
addition is used as an area to keep pets overnight for observation, which allows better care for the
animals. A condition of approval has been included in the attached draft resolution requiring that
the back door of the animal hospital remain closed at all times to prevent animal noise from
impacting nearby residential uses. The applicant is also adding an air filtration system to minimize
odors. The animal hospital has been operating at this location for many years without impacting
adjacent properties. The property is well maintained and there are no Code Enforcement violations.
Therefore, staff believes that with the proposed conditions of approval, the addition to the animal
hospital would remain compatible with the surrounding land uses.
Parking Variance: The Code requires a total of 13 parking spaces for this animal hospital; 10 for
the hospital and three for the boarding area. The property contains a total of 8 parking spaces. The
applicant has submitted a parking justification letter indicating that this is a low volume animal
hospital that treats approximately two to three clients per hour and there is a maximum of four
employees per shift. It is not anticipated that the number of animals treated would increase by
allowing the addition since it would be used for animal boarding. Based upon the operational
characteristics of the business, staff recommends approval of the parking variance as the parking
spaces available on-site are adequate to accommodate the parking demands of the proposed use.
A condition of approval requiring the addition to be used for animal boarding and storage purposes
only has been included in the attached resolution.
CONCLUSION: The proposed amendment to the conditional use permit is compatible with the
surrounding land uses and the parking is sufficient to accommodate the additional floor area since it
would be used for boarding of patients and storage purposes. Staff recommends approval of this
amendment to the conditional use permit.
Prepared by, Submitted by,
Amy Vazquez Jonathan E. Borrego
Associate Planner, Lilley Planning Group Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Conditional Use Permit and Variance Resolution
3. Applicant’s Letter of Request and Parking Justification Letter
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.
4. Photographs
5. Site Plan and Floor Plan
C-GVETERINARYCLINIC
RM-4SINGLE FAMILY RESIDENCE
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Subject Property APN: 037-163-01
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DEV No. 2014-00122
Subject Property APN: 037-163-01
ATTACHMENT NO. 1
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[DRAFT] ATTACHMENT NO. 2
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING VARIANCE NO. 2014-04991 AND AN AMENDMENT
TO CONDITIONAL USE PERMIT NO. 1402 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2014-00122 )
(900 EAST BROADWAY)
WHEREAS, on July 10, 1973, and subject to certain conditions of approval, the City
Council of the City of Anaheim, by its Resolution No. 73R-271, (1) approved Conditional Use
Permit No. 1402 (herein referred to as the "Original CUP") to permit an animal hospital at 900
East Broadway in the City of Anaheim, County of Orange, State of California, which is generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property") The conditions of approval which were the subject of the Original CUP shall be
referred to herein collectively as the "Previous Conditions of Approval"; and
WHEREAS, the Planning Commission did receive a verified petition to amend the
Original CUP to permit the expansion of an animal hospital at the Property in conjunction with
Variance No. 2014-04991 to permit fewer off-street parking spaces than required by the Zoning
Code ("Proposed Project") pursuant to Section 18.60.190 (Amendment of Permit Approval) of
the Anaheim Municipal Code (“Code”). Said amendment is designated as Conditional Use
Permit No. 1402A; and
WHEREAS, the Property is located in the "C-G" General Commercial Zone and is
subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) of the
Code. The Anaheim General Plan designates the Property for Residential, Low-Medium land
uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 15, 2014 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 and Variance
No. 2014-04991 and Conditional Use Permit No. 1402A, and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the Proposed Project is within that class of projects which
consist of the repair, maintenance, and/or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the Proposed Project will not cause a significant effect on the environment and
is, therefore, categorically exempt from the provisions of CEQA; and
- 1 - PC2014-***
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. 1402A , does find and
determine the following facts:
1. The request to amend the Original CUP to expand the animal hospital is properly
one for which a conditional use permit is authorized, subject to the imposition of
conditions of approval.
2. The request to amend the Original CUP, under the conditions imposed, will not
adversely affect the surrounding land uses and the growth and development of the
area because the Property is developed with a low client volume animal hospital
that has been operating for over 40 years at this location.
3. The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health,
safety and general welfare.
4. The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area
because the animal hospital only services two to three clients per hour.
5. The granting of Conditional Use Permit No. 1402A, under the conditions
imposed, will not be detrimental to the health and safety of the citizens of the City
of Anaheim and will provide a land use that is compatible with the surrounding
area.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance for less parking than required by the Code should be approved for the
following reasons:
SECTION NO. 18.42.040 Minimum number of parking spaces.
(13 spaces required; 8 spaces proposed)
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;
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 because the on-site parking will
adequately accommodate the peak parking demands of the animal hospital;
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 because the number of clients for the
animal hospital would not increase as a result of this expansion.
- 2 - PC2014-***
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 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, 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 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
animal hospital.
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 by the Planning Commission, for the
reasons hereinabove stated, that Conditional Use Permit No. 1402A and Variance No. 2014-
04991 are hereby approved, thereby amending the Original CUP and permitting fewer off-street
parking spaces than required by the Zoning Code for the Proposed Project.
BE IT FURTHER RESOLVED that, effective upon the effective date of this
Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated
herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions
of Approval and hereby replace the Previous Conditions of Approval in their entirety. All
references to the conditions of approval for the Original CUP and this Conditional Use Permit
No. 1402A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit
B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No.
1402A.
BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit
B attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the
Property under Variance No. 2014-04991 and Conditional Use Permit No. 1402A in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent timing
is established that satisfies the original intent and purpose of the condition, (ii) the modification
complies with the Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
- 3 - PC2014-***
BE IT FURTHER RESOLVED that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of Decmber 15, 2014. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2014-***
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 December 15, 2014, by the following vote
of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2014-***
- 6 - PC2014-***
EXHIBIT “B”
VARIANCE NO. 2014-04991 AND
CONDITIONAL USE PERMIT NO. 1402A
(DEV2014-00122)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1. An investigation inspection shall be conducted to determine if the
unpermitted expansion meets the Building Code. Plans shall be
submitted to the Building Division showing compliance with the
minimum standards of the City of Anaheim, including all
applicable building codes as adopted by the City. The appropriate
permits shall be obtained for any unpermitted work.
Planning Department,
Building Division
2. All requests for new water serices or fire lines, as well as any
modifications, relocations, or abandonments of existing water
services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
Public Utilities
Department, Water
Engineering Division
3. The parking lot shall be re-striped to comply with Engineering
Detail Nos. 436 and 470. The property shall be maintained in
conformance with these standards.
Planning Department,
Planning Services
Division
4. The propery owner shall irrevocably offer to dedicate to the City
of Anaheim an easement to the ultimate right-of-way 26.75 feet in
wdith from the survey centerline (45 feet from construction
centerline) of Broadway and a corner cut-off easement dedication
at Broadway and Vine street for road, public utilities and other
public purposes.
Public Works
Department,
Development
Services Division
WITHIN 120 DAYS OF APPROVAL OF THIS PERMIT
5. The property owner shall obtain an encroachment license for the
freestanding sign on the north side of the building since it is
located within the Broadway ultimate right-of-way easement.
Public Works
Department,
Development
Services Division
OPERATIONAL CONDITIONS
6. All doors of the animal hospital shall remain closed at all times to
mitigate any noise.
Planning Department,
Planning Services
Division
- 7 - PC2014-***
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7. The trash enclosure shall be maintained in a location acceptable to
the Public Works Department, Streets and Sanitation Division, and
in accordance with approved plans on file with said Department.
Public Works
Department, Streets
and Sanitation
8. 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 Department,
Code Enforcement
Division
9. All activities related to the use shall occur indoors, except as may
be permitted by an authorized Special Event Permit.
Planning Department,
Code Enforcement
Division
10. No outside storage shall be permitted.
Planning Department,
Code Enforcement
Division
11. Adequate lighting of parking lots, passageways, recesses, and
grounds contiguous to buildings shall be provided with lighting of
sufficient wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the premises during
the hours of darkness and provide a safe, secure environment for
all person, property, and vehicles on-site. All exterior doors shall
have their own light source, which shall adequately illuminate
door areas at all hours to make clearly visible the presence of any
person on or about the premises and provide adequate illumination
for persons exiting the building.
Planning Department,
Planning Services
Division
GENERAL CONDITIONS OF APPROVAL
12. Conditions of approval related to each of the timing milestones
above shall be prominently displayed on plans submitted for permits.
For example, conditions of approval that are required to be complied
with prior to the issuance of building permits shall be provided on
plans submitted for building plan check. This requirement applies to
grading permits, final maps, street improvement plans, water and
electrical plans, landscape irrigation plans, security plans, parks and
trail plans, and fire and life safety plans, etc.
Planning Department,
Planning Services
Division
13. 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
Planning Department,
Planning Services
Division
- 8 - PC2014-***
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
14. The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of
the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
Planning Department,
Planning Services
Division
15. 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 Department,
Planning Services
Division
- 9 - PC2014-***
ATTACHMENT NO. 3
Cottage Pet Hospital
ATTACHMENT NO. 4
ATTACHMENT NO. 5
200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
ITEM NO. 5
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: DECEMBER 15, 2014
SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05743 AND
VARIANCE NO. 2014-04981
LOCATION: 5773 East Santa Ana Canyon Road (Embassy Cigars)
APPLICANT/PROPERTY OWNER: The applicant is Ghanshyam Patel with
Embassy Cigars. The agent representing the applicant is Joseph Karaki with Western
States Engineering, Inc. and the property owner is Canyon Plaza, LLC.
REQUEST: The applicant is requesting approval of a conditional use permit to retain
an indoor cigar smoking lounge within 200 feet of residential properties and within
1,000 feet of a school. The applicant is also requesting approval of a variance to allow
fewer parking spaces than required by the Zoning Code.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt from further
environmental review under the California Environmental Quality Act (Class 1,
Existing Facilities) and approving Conditional Use Permit No. 2014-05743 and
Variance No. 2014-04981.
BACKGROUND: This 15-acre property is developed with a commercial center. It is
located in the General Commercial zone (C-G) and the Scenic Corridor (SC) Overlay
zone. The General Plan designates this property for Neighborhood Center
Commercial land uses. The property is surrounded by a hotel to the north, single-
family residences to the east across Via Cortez, Canyon High School to the south
across Santa Ana Canyon Road, and retail uses to the west across Imperial Highway.
PROPOSAL: The applicant has established a 350 square foot indoor smoking lounge
within an existing 1,700 square foot cigar shop without first obtaining the requisite
Conditional Use Permit. The smoking lounge was observed by the Fire Department
during a routine inspection. The hours of operation for the smoking lounge coincide
with the cigar shop hours, which are from 10 a.m. to 8 p.m. Monday through Saturday
and from 10 a.m. to 6 p.m. on Sunday. No expansion of the building or interior
modifications are proposed.
ANALYSIS: The following is staff’s analysis of the project:
Indoor Smoking Lounge: Smoking lounges are allowed by right in this zone but require a
conditional use permit if located within 200 feet of a residential zone or 1,000 feet of a
200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net
CONDITIONAL USE PERMIT NO. 2014-05743 AND VARIANCE NO. 2014-04981
December 15, 2014
Page 2 of 2
school to ensure compatibility with these potentially sensitive uses. There are single-family
residences located approximately 100 feet to the east, across Via Cortez, and Canyon High School
is located approximately 400 feet to the south of the cigar shop, across Santa Ana Canyon Road.
The primary business is the retail sales of cigars for off-site consumption. The smoking lounge
provides an area for cigars to be tasted prior to purchase. All smoking occurs indoors. The cigar
shop closes by 8:00 p.m. and there is no food service or live music. The applicant has installed
two exhaust fans with filtering systems that are specifically designed for smoking lounges to
prevent the likelihood of odors reaching adjoining properties. Although there is a high school
located approximately 400 feet to the south, there are several intervening structures and no
visibility between the school and the cigar shop. A condition of approval requiring the doors to be
closed at the rear of the building has been included in the draft resolution to ensure that residences
to the east are not impacted by the business. Staff believes that with the proposed conditions of
approval, the indoor smoking lounge is compatible with the surrounding land uses.
Parking Variance: The Zoning Code requires seven parking spaces for the cigar shop and six
parking spaces for the indoor smoking lounge. The rest of the commercial uses in the center require
1,155 parking stalls, for a total requirement of 1,168 spaces. The commercial center contains 866
parking spaces. A parking demand study was conducted at this center in 2004 and updated in 2010.
This study concluded that there was a parking demand of 719 spaces. The applicant has submitted a
parking justification letter indicating that the smoking lounge is a small portion of the business and
operates as an accessory service for patrons. Less than five percent of the customers taste the cigars
within the store. Staff has conducted field observations and verified the availability of adequate
parking during business hours of Embassy Cigars and the other businesses in the center. Based upon
the findings of the parking analysis and staff observations, staff recommends approval of the parking
variance as the parking spaces available on-site are adequate to accommodate the parking demand of
the cigar shop and those of the entire commercial center.
CONCLUSION: Staff believes that the request to retain an indoor smoking lounge within an
existing cigar shop is compatible with the adjacent businesses and the surrounding area. There is
adequate separation between the cigar shop, the school and residential neighborhood to operate a
smoking lounge without negative impacts to these land uses. Therefore, staff recommends
approval of this request.
Prepared by, Submitted by,
Amy Vazquez Jonathan E. Borrego
Associate Planner, Lilley Planning Group Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Conditional Use Permit and Variance Resolution
3. Letter of Request
4. Parking Justification Letter
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. Photographs
6. Site and Floor Plan
C-G (SC)RETAIL RS-3 (SC)SINGLE FAMILY RESIDENCEC-G (SC)OFFICES
RS-3 (SC)SINGLE FAMILYRESIDENCE
C-G (SC)FAIRFIELD INNANAHEIM HILLS
C-G (SC)AUTO DEALERSHIP
T (SC)CANYON HIGHSCHOOL
C-G (SC)OFFICESRS-2 (SC)SINGLE FAMILY RESIDENCERS-3 (SC)SINGLE FAMILY RESIDENCER IV E R S ID E (91) F R E E W A Y
R IV E R S ID E (91) F R E E W A Y
N IMPERIAL HWYE S A N T A A N A C A N Y O N R D N VIA CORTEZS
VI
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ZE CAMINO MANZANON ROSE BLOSSOM LNE.N O H L R A N C H R D
E. LA PALMA AVE
E .S A N T A A N ACANYO NRDN. IMPERIAL HWYE.CANYONR IM RDS. ROYAL OAK RDE .L A PAL M AAVE5 7 7 3 East Sant a Ana Canyon Road
D EV No. 2 0 14-00065
Subject Property APN: 358-191-12
ATTACHMENT NO. 1
°0 50 100
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Aeri al Ph oto :May 20 14
N IMPERIAL HWYE SANTA ANA
C
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D N VIA CORTEZS
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ZE CAMINO MANZANON ROSE BLOSSOM LNE.N O H L R A N C H R D
E. LA PALMA AVE
E .S A N T A A N ACANYO NRDN. IMPERIAL HWYE.CANYONR IM RDS. ROYAL OAK RDE.L A PAL M AAVE5773 East Santa Ana Canyon Road
DEV No. 2014-00065
Subject Property APN: 358-191-12
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:May 2014
[DRAFT] ATTACHMENT NO. 2
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014-05743 AND
VARIANCE NO. 2014-04981 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014-00065)
(5773 EAST SANTA ANA CANYON ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2014-
05743 to permit and retain an indoor cigar smoking lounge within 200 feet of residential
properties and within 1,000 feet from a school, and (ii) Variance No. 2014-04981 to allow fewer
parking spaces than required by the Anaheim Municipal Code (the "Code") (collectivel y referred
to herein as the "Proposed Project") for premises located at that certain real property at 5773 East
Santa Ana Canyon Road 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 15.1 acres in size and is currently
developed with a commercial center. The Anaheim General Plan designates the Property for
Neighborhood Center Commercial land uses. The Property is located in the “C-G” General
Commercial Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone,
meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of
the Code shall apply to the Property and shall supersede any inconsistent regulations of the "C-
G" General Commercial Zone. The Proposed Project is not inconsistent with any regulations
contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code. As such, the
Property is subject to the zoning and development standards described in Chapter 18.08
(Commercial Zones) of the Code; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the 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 Title 14 of the California Code of Regulations, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, on December 15, 2014, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear
and consider evidence for and against proposed Conditional Use Permit No. 2014-05743 and
Variance No. 2014-04981, and to investigate and make findings and recommendations in
connection therewith; and
- 1 - PC2014-***
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 an indoor smoking lounge within a commercial center
with fewer parking spaces than required by the Zoning Code, does find and determine the
following facts with respect to Conditional Use Permit No. 2014-05743:
1. The proposed conditional use permit request to permit an indoor smoking
lounge within an existing cigar shop is properly one for which a conditional use permit is
authorized under the classes of allowable uses set forth in Table 8-A as Smoking Lounge, as
referenced in paragraph .0402 of Section 18.08.030 of the Code.
2. The proposed conditional use permit to permit an indoor smoking lounge, as
conditioned herein, would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the building is surrounded
by compatible buildings and uses; and, the smoking lounge would be located within an existing
cigar shop 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 indoor smoking lounge in a manner not detrimental to the particular area or
to the health and safety because the facility would be located within an existing commercial
center that is surrounded by other commercial uses.
4. The traffic generated by the indoor smoking lounge 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 commercial center 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 a variance to allow less parking than required by the Code in conjunction with the
proposed indoor smoking lounge should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(1,168 spaces required for the entire commercial
center; 866 spaces proposed)
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. A parking justification letter was
prepared by the applicant, determining that the current number of parking spaces within the
commercial center property is sufficient to accommodate the uses on the site including the indoor
smoking lounge;
- 2 - PC2014-***
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 because the on-site parking will adequately accommodate the peak parking
demands of the proposed indoor smoking lounge and the commercial uses on the site;
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 because the on-site parking for the cigar shop will adequately
accommodate peak parking demands of all uses on the site;
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
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, 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 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 indoor smoking lounge.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014-05743 and Variance No. 2014-04981,
contingent upon and subject to the conditions of approval described in Exhibit B attached hereto
and incorporated herein by this reference, which are hereby found to be a necessary prerequisite
to the proposed use of the Property in order to preserve the health, safety and general welfare of
the citizens of the City of Anaheim. Extensions for further time to complete conditions of
approval may be granted in accordance with Section 18.60.170 of the Code. Timing for
compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is established that satisfies the original
intent and purpose of the condition (s), (ii) the modification complies with the Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim
Municipal 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.
- 3 - PC2014-***
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
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 December 15, 2014. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 15, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of
December, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2014-***
- 5 - PC2014-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2014-05743
AND VARIANCE NO. 2014-04981
(DEV2014-00065)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1 The indoor smoking lounge shall operate as accessory to the
retail cigar shop.
Planning Department,
Planning Services Division
2 The applicant shall be responsible for maintaining the area
adjacent to the premises over which they have control, in an
orderly fashion through the provision of regular
maintenance and removal of trash or debris.
Planning Department,
Code Enforcement
3 No required parking area shall be fenced or otherwise
enclosed for outdoor storage. Planning Department,
Code Enforcement
4 The operation of any business under this permit shall not be in
violation of any provision of the Anaheim Municipal Code,
State or County ordinances, rules or regulations, including but
not limited to Section 6404.5 of the California Labor Code.
Police Department
5 The number of patrons at the business shall not exceed the
maximum occupancy load as determined by the Anaheim Fire
Department. Signs indicating the occupant load shall be
posted in a conspicuous place on an approved sign near the
main exit from the room.
Police Department
6 The business shall be operated in accordance with the Letter
of Request and Parking Justification Letter submitted as part
of this application. Any changes to the business operation
as described in that document shall be subject to review and
approval by the Planning Director to determine substantial
conformance with the Letter of Request and Parking
Justification Letter and to ensure compatibility with the
surrounding uses.
Planning Department,
Planning Services Division
7 Any Graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee shall be
removed or painted over within 24 hours of being applied.
Police Department
8 Adequate ventilation shall be provided within the smoking
lounge in accordance with all requirements imposed by the
Anaheim Fire Department, or as otherwise required by state
or federal laws.
Fire Department
- 6 - PC2014-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
9 The maximum occupancy shall not exceed the occupancy
limit for the premises established by the Anaheim Fire
Department and Building Division.
Fire Department, Building
Division, Code Enforcement
10 All business related activities shall be conducted wholly
within the building.
Police Department
11 No persons under 18 years of age shall be permitted within
any area of the business premises where the smoking of
tobacco or other substances is allowed including any
outdoor seating area, and signs shall be posted at the
entrances to the patio area stating “No person under the age
of 18 allowed beyond this point.”
Police Department
GENERAL CONDITIONS
12 The applicant is responsible for paying all charges related to
the processing of this discretionary case application within
30 days of the issuance of the final invoice or prior to the
issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays
in the issuance of required permits or may result in the
revocation of the approval of this application.
Planning Department,
Planning Services Division
13 The Applicant shall defend, indemnify, and hold harmless
the City and its officials, officers, employees and agents
(collectively referred to individually and collectively as
“Indemnitees”) from any and all claims, actions or
proceedings brought against Indemnitees to attack, review,
set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or
to determine the reasonableness, legality or validity of any
condition attached thereto. The Applicant’s indemnification
is intended to include, but not be limited to, damages, fees
and/or costs awarded against or incurred by Indemnitees
and costs of suit, claim or litigation, including without
limitation attorneys’ fees and other costs, liabilities and
expenses incurred by Indemnitees in connection with such
proceeding.
Planning Department,
Planning Services Division
14 The Property shall be developed substantially in accordance
with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with
the Planning Department and as conditioned herein.
Planning Department,
Planning Services Division
- 7 - PC2014-***
ATTACHMENT NO. 3
December 3, 2014 City of Anaheim Planning Department 200 S. Anaheim Blvd. Anaheim, CA 92805 SUBJECT : CUP 2014-05743 VARIANCE JUSTIFICATION LETTER for Parking Variance
REFERENCE : Embassy Cigar 5773 Santa Ana Canyon Rd Unit F Anaheim, CA 92807
Section 18.42.110 of the Anaheim Municipal Code requires that before any parking variance may be granted by the Planning Commission, the Parking Demand Study must provide evidence that the project complies with the following:
1. 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 proposed( existing) use, an off sale of cigars and related items store that has been in existence since early year 2000, will not require more parking spaces than provided, due to the fact that most customers stop by the store primary to buy cigars for off premises use. However, there is an area of 200-250 SF of the store ( 1,700 SF) where customers can sit and smoke a cigar occasionally. 95 % of the customers buy cigars for off premises use. Therefore, all parking spaces provided for the proposed use, will be sufficient, taking into the consideration the nature of the business had not changed since it was established in year 2000.
2. The variance, under the conditions imposed if any, will not increase the demand
and for parking spaces upon the public streets in the immediate vicinity of the
WESTERN STATES
Engineering, Inc.
4887 E. La Palma Ave. Ste. 707 Anaheim , CA 92807
► (714)695-9300 (714)693-1002 fax Lic# 723791 www.westernsec.com
ATTACHMENT NO. 4
proposed use;
The existing shopping center existed for over 30 years. The only major changes in use happened few years back, when the city approved Mother’s market to operate across from Embassy Cigar is. There is no problem related to parking with existing businesses. The area surrounding the Property is generally built out. The project site is bordered on the east by a single family residences, to the north and by a Motel and Mercedes Benz dealership. To the West, by Imperial. The existing parking spaces on site will be adequate enough, not to increase the demand for parking spaces upon public streets in the immediate vicinity of the proposed use.
3. The variance, under the conditions imposed if any, will not increase the demand
and 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
18.42.050.030 (Non-Residential Uses — Exception);
As stated earlier, the proposed/ existing use will not require additional parking, beyond what is provided. The proposed use will service mostly pass-by vehicles from the adjacent roadways and businesses or residents are who already in the area. Therefore, based on history of similar uses in the same vicinity, the variance, under the conditions imposed if any, will not increase the demand and for parking spaces upon adjacent private property in the immediate vicinity of the proposed use
4. 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. From an operational history of such use, ( Cigar shops) 95% of customers would park their cars , at the parking lot provided by the shopping center for few minutes, to walk inside the cigar shop and buy cigars and related items. The remaining 5% or less of the customers who would only buy a cigar and try to smoke at the smoking lounge (250 SF area provided), would use the parking area provided for customers. In reality, there are adequate numbers of parking spaces provided for the use than the number required by code . Therefore, 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.
5. 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.
Both streets surrounding the subject property, on the south and west side, are well developed, with a signalized intersection. The proposed use will not increase additional traffic into the existing business, because the new use will serve the same customers and residents in the same as for the past 15 years. Therefore, 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.
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DESCRIPTIONNO.BY DATE
REVISIONS
SUBMITTAL
OWNER NAME & ADDRESS
PROJECT NAME & ADDRESS
CONFIDENTIALITY STATEMENT
SHEET NUMBER
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EMBASSY CIGARS
5773 E. SANTA ANA CANYON RD.
UNIT-F ANAHEIM CA 92807
JOB NO. CUP NO.
5773 E. SANTA ANA CANYON RD.
UNIT-F ANAHEIM CA 92807
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ATTACHMENT NO. 5
(E) WALL MERCHANDISE SHELF UNITS(E) COUNTER (E) WALL MERCHANDISE SHELF UNITS(E) CIGAR LOCKERS
(E) CABINETS
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IMPERIAL HIGHWAYSANTA ANA CANYON RD.
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PROJECT NAME & ADDRESS
CONFIDENTIALITY STATEMENT
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EMBASSY CIGARS
5773 E. SANTA ANA CANYON RD.
UNIT-F ANAHEIM CA 92807
JOB NO. CUP NO.
5773 E. SANTA ANA CANYON RD.
UNIT-F ANAHEIM CA 92807
SCALE:2 EXISTING FLOOR PLAN
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VICINITY MAP
PROJECT SITE
TOTAL AREA: 1,703 SQ. FT.
LOUNGE AREA: 350 SQ. FT. (20%)
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.
ITEM NO. 6
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: DECEMBER 15, 2014
SUBJECT: VARIANCE NO. 2014-04990
LOCATION: 5401 East La Palma Avenue (Anaheim Hills Jaguar/Land Rover)
APPLICANT/PROPERTY OWNER: The applicant is Len Silvernail of Anaheim
Hills Jaguar/Land Rover, Inc. The applicant’s agent is Robert May with P.S.
Services and the property owner is CapRock Partners.
REQUEST: The applicant requests approval of a variance to allow a freestanding
sign at an existing automotive dealership that is larger than permitted 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 11, Accessory Structures) and approving Variance No. 2014-04990.
BACKGROUND: This 13.2-acre property is developed with an automotive
dealership and an industrial complex. It is located in the Northeast Area Specific
Plan, Development Area 2 – Expanded Industrial zone (SP94-1, DA2) and in the
Scenic Corridor (SC) Overlay zone. The site is designated for Industrial land uses by
the General Plan. The property is surrounded by a railway and single-family
residences to the north, an automotive dealership to the west, industrial businesses to
the south across La Palma Avenue and a medical office building and industrial
businesses to the east. This automotive dealership was originally approved in 1999.
In February 2014, an expansion of the automobile dealership was approved by the
Commission.
PROPOSAL: The applicant proposes to replace two, four foot high monument
signs with freestanding sign. The sign would be internally illuminated. The
proposed sign would be 125 square feet, 25 feet high and 10 feet wide. It would be
located within the landscape planter adjacent to La Palma Avenue.
200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net
VARIANCE NO. 2014-04990
December 15, 2014
Page 2 of 2
ANALYSIS: A variance is required because the proposed freestanding sign exceeds the
maximum size allowed by the Code. This property has a street frontage of approximately 515
feet, so the Code would allow one freestanding sign up to 60 square feet with a maximum height
and width of 8 feet.
The applicant has submitted a letter of justification indicating that the variance is requested
because there is a lack of visibility to the existing monument signs for customers driving east on
La Palma Avenue due to the curve in the street. The letter also mentions five businesses in the
vicinity that have signs similar to the proposed freestanding sign. The Caliber Motors dealership
located directly to the west of this property was granted a variance for a 40-foot high
freestanding sign by the City Council in 1984.
Staff has reviewed the applicant’s letter of justification and believes that there are findings to
support a variance for the proposed sign. The unique curvilinear shape of the property frontage
due to the bend in La Palma Avenue impacts visibility to the property. Visibility is also
impacted by the significant number of trees planted along La Palma Avenue. Staff conducted
site inspections of the property, confirming that the existing 4-foot high monument signs were
partially obstructed and that the property was not readily identifiable as an automobile
dealership. Strict application of the Code would deprive the business of privileges enjoyed by
other properties under the identical zoning classification in the vicinity since variances have been
granted for other freestanding signs in the immediate area.
CONCLUSION: Staff believes there is justification to grant the requested variance. There are
unique physical site characteristics such as size, shape and location that justify a larger sign than
the Code allows. Staff recommends approval of the variance.
Prepared by, Submitted by,
Amy Vazquez Jonathan E. Borrego
Associate Planner, Lilley Planning Group Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Resolution
3. Variance Justification Letter
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.
4. Photographs
5. Site and Sign Plan
SP 94-1 (SC)DA2INDUSTRIAL
SP 94-1 (SC)DA2MERCEDES BENZCAR DEALERSHIP
SP 94-1 (SC)DA2INDUSTRIAL
SP 94-1 (SC)DA2MERCEDES BENZCAR DEALERSHIP
SP 94-1 (SC)DA2ANAHEIMHILLSHEALTHPLAZA
SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2MERCEDES BENZCAR DEALERSHIP
SP 94-1 (SC)DA2INDUSTRIAL
SP 94-1 (SC)DA2ANAHEIMHILLSHEALTHPLAZA
SP 94-1 (SC)DA2CANYONOFFICECENTER
E L A P A L M A A V E
E ORANGETHORPE AVE
N BRASHER STE HUNTER AVE
E. LA PALMA AVE
N. IMPERIAL HWYN.LAKEVI
EWA
V
E E .S A N T A A N A C A N Y O NRDN.KELLOGGDRE .L APA LM AAVEE.SA NT A A N A CANYON RD
5 4 0 1 East La P alma Avenue
D EV No. 2 0 13-00135 A
Subject Property APN: 346-261-06
ATTACHMENT NO. 1
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Aeri al Ph oto :May 20 14
E LA PALMA AVE
E ORANGETHOR
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N. IMPERIAL HWYN.LAKEVI
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5401 East La Palma Avenue
DEV No. 2013-00135A
Subject Property APN: 346-261-06
ATTACHMENT NO. 1
°0 50 100
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Aerial Photo:May 2014
[DRAFT] ATTACHMENT NO. 2
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2014-04990 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013-00135A)
(5401 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
“Planning Commission”) did receive a verified petition to approve proposed Variance No. 2014-
04990 to allow a freestanding sign at an existing automotive dealership that is larger than
permitted by the Zoning Code (sometimes referred to herein as the "Proposed Project") for
certain premises located at an automotive dealership commonly known as 5401 East La Palma
Avenue in the City of Anaheim, County of Orange, State of California (the “Property”); and
WHEREAS, the Property is a part of an industrial complex 13.2 acres (approximate) in
size, which is generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference. The industrial complex is located in the Expanded Industrial Area
(Development Area 2) of the Northeast Area Specific Plan Area and is subject to the zoning and
development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1)
Zoning and Development Standards) of the Code, combined with the zoning and development
standards of the underlying base zone for the Property, which is the "I" Industrial Zone. Unless
otherwise indicated in Chapter 18.120 of the Code, the standards of the “I” Industrial Zone
contained in Chapter 18.10 (Industrial Zone) of the Code shall apply to the Property. The
Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the
regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall
apply to the Property and shall supersede any inconsistent regulations of the "I" Industrial Zone.
The Anaheim General Plan designates the Property for Industrial land uses; and
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 15, 2014 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 of the
Anaheim Municipal Code (herein referred to as the “Code”), to hear and consider evidence for
and against proposed Variance No. 2014-04990 and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission
finds and determines that the Proposed Project is within that class of projects which consist of
the construction, or placement of minor structures accessory to (appurtenant to) existing
commercial, industrial, or institutional facilities, and that, therefore, pursuant to Section 15311
(Class 11 – Accessory Structures) of Title 14 of the California Code of Regulations, the
Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
- 1 - PC2014-***
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 proposed Variance No. 2014-04990 to a freestanding sign for an
existing automotive dealership that does not meet the Code in relation to the maximum size
allowed by the Code, should be approved for the following reasons:
SECTION NOS. 18.44.090.020 Maximum Size of Freestanding Signs
(8 feet high; 8 feet wide, with a total of 60
square feet permitted); (25 feet high; 10 feet
wide; with a total of 125 square feet;
proposed)
1. The unique curvilinear shape of the property frontage due to the bend in La Palma
Avenue impacts visibility of the property. Visibility is also impacted by the significant number
of trees planted along La Palma Avenue.
2. The strict application of the Zoning Code would deprive the Property of privileges
enjoyed by other properties under the identical zoning classification in the vicinity of the
Property since other businesses in the area have freestanding signs that exceed the Code
requirement in relation to size.
3. The freestanding sign is appropriate in relation to the large property and is consistent
with other freestanding signs located along La Palma Avenue.
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 Variance No. 2014-04990, contingent upon and subject to the conditions of
approval described in Exhibit B attached hereto and incorporated herein by this reference, which
are hereby found to be a necessary prerequisite to the proposed use of the Property in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent timing
is established that satisfies the original intent and purpose of the condition(s), (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
- 2 - PC2014-***
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 15, 2014. Said Resolution is subject to the appeal provisions set forth in
Section 18.60.130 (Appeals – Planning Commission Decisions) of Chapter 18.60 (Procedures) of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2014-***
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 December 15, 2014, by the following vote
of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of
December, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2014-***
- 5 - PC2014-***
EXHIBIT “B”
VARIANCE NO. 2014-04990
(DEV2013-00135A)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF SIGN PERMITS
1 The site plan shall show a line of sight triangle per City of
Anaheim Engineering Standard Detail 115, which requires a
seven foot by 50 foot triangular clear zone, to ensure the sign is
outside of the line of sight for vehicular access.
Public Works
Department, Traffic
Engineering
GENERAL CONDITIONS
2 The Applicant shall defend, indemnify, and hold harmless the
City and its officials, officers, employees and agents (collectively
referred to individually and collectively as “Indemnities”) from
any and all claims, actions or proceedings brought against
Indemnities to attack, review, set aside, void, or annul the
decision of the Indemnities concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to,
damages, fees and/or costs awarded against or incurred by
Indemnities and costs of suit, claim or litigation, including
without limitation attorneys’ fees and other costs, liabilities and
expenses incurred by Indemnities in connection with such
proceeding.
Planning
Department,
Planning Services
Division
3 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of
the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
Planning
Department,
Planning Services
Division
4 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
Department,
Planning Services
Division
- 6 - PC2014-***
ATTACHMENT NO. 3
ATTACHMENT NO. 4
ATTACHMENT NO. 5
200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
ITEM NO. 7
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: DECEMBER 15, 2014
SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05757 AND
VARIANCE NO. 2014-04986
LOCATION: 720 South Beach Boulevard (Guerrero Mexican Grill)
APPLICANT/PROPERTY OWNER: The applicant is Israel Mercado,
representing Guerrero Mexican Grill, and the property owner is National Strategic
Investments.
REQUEST: The applicant requests approval of a conditional use permit to allow
the sale of beer and wine for on-premises consumption within an existing restaurant
in a commercial retail center, and 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
(CEQA) under Class 1 (Existing Facilities) of the State CEQA Guidelines, and
approving Conditional Use Permit No. 2014-05757 and Variance No. 2014-04986.
BACKGROUND: The approximately 0.98-acre project site is developed with a
1,600 square-foot restaurant building, including a 1,348 square-foot outdoor patio,
and a two-story, 9,266 square foot retail building. The retail building is mostly
vacant with a flower shop operator leasing approximately 1,160 square feet of the
building. The site is located in the General Commercial (C-G) zone. The General
Plan designates the site for Corridor Residential land uses. Surrounding land uses
include multi-family residential to the north and east, single-family residential to the
south across Stonybrook Drive, and commercial uses to the west across Beach
Boulevard.
PROPOSAL: The applicant proposes to sell beer and wine for on-site consumption
in conjunction with the existing restaurant along with use of the outdoor patio area
for dining purposes. The current owner acquired the business in April 2014 and is
not proposing any physical changes to the restaurant space. The restaurant provides a
full lunch and dinner menu. The hours of operation are from 10:00 a.m. to 9:00 p.m.
Sunday through Thursday and from 10:00 a.m. to 10:00 p.m. on Friday and
Saturday.
200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net
CONDITIONAL USE PERMIT NO. 2014-05757
VARIANCE NO. 2014-04986
December 15, 2014
Page 2 of 3
Entertainment is also proposed in conjunction with the restaurant and will include karaoke and
other live entertainment, such as two or three-piece bands providing background music. No
stage or dance floor is proposed as part of this request.
ANALYSIS: The following is staff’s analysis of the project:
On-Sale Beer and Wine: The Zoning Code requires a conditional use permit to allow the sale of
beer and wine in a restaurant in order to ensure compatibility with the surrounding uses. A
determination of public convenience or necessity is not required for restaurants serving beer and
wine.
The number of alcohol licenses allowed in each of the City’s census tracts is regulated by the
State Department of Alcoholic Beverage Control (ABC) and is based upon population. The
project site is located within Census Tract No. 869.03, which has a population of 6,861 residents.
This population figure allows for seven licenses and presently there are four licenses within the
tract.
The project site is also within Police Reporting District No. 1816, which has a crime rate that is
187% above the citywide average. There have been five calls for service to this location in the
last year, including brandishing of a firearm, vice/prostitution, stolen vehicle, disturbance and
suspicious subject. The calls for service to this location were not related to alcohol consumption
and occurred at the property prior to the applicant operating the restaurant. Further, the crime
rate within 0.25 miles of the project site is 358% above the citywide average with calls for
service during the past year consisting of 79 drug abuse violations, 39 petty thefts, 34 simple
assaults and 17 grand theft autos.
Staff believes the sale of beer and wine would be compatible with the surrounding area because
Beach Boulevard is a predominantly commercial corridor consisting of other commercial uses.
Conditions of approval to help ensure that the business is operated in a responsible manner are
included as part of the draft resolution. These conditions include a prohibition on any exterior
advertising of the availability of alcoholic beverages and required ABC LEAD (Licensee
Education on Alcohol and Drugs) training for employees. Staff does not anticipate that the
addition of beer and wine sales at this location would contribute to an increase in crime in the
area as there currently is not an over-concentration of on-sale beer and wine licenses within the
Census Tract.
There are no outstanding Code Enforcement violations associated with the subject property.
Staff conducted an inspection of the property and found it to be well maintained.
Parking Variance: The site contains 57 parking spaces and is accessed via driveways from Beach
Boulevard and Stoneybrook Drive. Parking for the project site is required as follows:
Use Size Ratio Required
Retail 7,105 sq.ft. 5.5 spaces/1,000 sq.ft. 40
Office 2,161 sq.ft. 4 spaces/1,000 sq.ft. 9
Restaurant (with outdoor dining area) 2,984 sq.ft. 8 spaces/1,000 sq.ft. 24
Total Spaces Required: 73
Total Spaces Provided: 57
CONDITIONAL USE PERMIT NO. 2014-05757
VARIANCE NO. 2014-04986
December 15, 2014
Page 3 of 3
The applicant has provided daily parking counts attributed to the restaurant over the course of a
recent week during peak business hours. The maximum demand for parking was 11 spaces on
Friday and Saturday during peak dinner hours (5:00 p.m. to 8:00 p.m.). Since the restaurant
would have different peak hours than the retail tenants anticipated at full property tenancy, staff
believes that parking would be adequate to accommodate the demands for the property.
CONCLUSION: The sale of beer and wine for on-premise consumption is consistent with the
operational characteristics of the commercial center and compatible with surrounding land uses.
Further, it is not anticipated that the restaurant use would create a parking deficiency for the
project site. Staff recommends approval of this request.
Prepared by, Submitted by,
Gustavo Gonzalez Jonathan E. Borrego
Associate Planner Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Conditional Use Permit and Variance Resolution
3. Letter of Operation and Parking Justification
4. Police 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. Plans
C-GRETAIL
RM-2CONDOMINIUMS/TOWNHOUSES
C-GVILLA INN
C-GWEST ANAHEIMMEDICAL PLAZA
C-GANAHEIM LODGE RM-4COBBLESTONEAPARTMENTS34 DU
C-GMOTEL MOONLIGHT
RM-2CONDOMINIUMS/TOWNHOUSES
RM-4SINGLE FAMILY RESIDENCE
RS-2SINGLE FAMILY RESIDENCE
RM-2CONDOMINIUMS/TOWNHOUSES
C-GRETAIL
C-GRAINBOW INN
C-GCOVERED WAGON MOTEL
TBADEN-POWELLELEMENTARY SCHOOL
RS-2SINGLE FAMILY RESIDENCE
C-GBAYMONT INN & SUITES
C-GAUTO DEALERSHIP
C-GANAHEIM BUENA PARKTRAVELODGE
RM-4BEACHWOODAPARTMENTS301 DU
RM-4DON QUIOTEAPARTMENTS50 DU
C-GWEST ANAHEIMMEDICAL PLAZA
RM-2CONDOS7 DU
C-GRAMADA LIMITED
RM-4STONYBROOKAPARTMENTS56 DU
RS-2SINGLE FAMILY RESIDENCES BEACH BLVDW RO ME AVES HAYWARD STS GAYMONT STW STO NY BRO O K DR S GAYMONT STW HAYWARD ST
W. BALL RD
W. LINCOLN AVE
W. ORANGE AVE
S. KNOTT AVE. CERRITOS AVE S. MAGNOLIA AVES. WESTERN AVEW.BROADWAY
S.BEACHBLVDW. LINCOLN AVEW. LINCOLN AVE
7 2 0 South Beach Boulevard
D EV No. 2 0 14-00090
Subject Property APN: 126-120-11
ATTACHMENT NO. 1
°0 50 100
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Aeri al Ph oto :May 20 14
S BEACH BLVDW ROME AVES HAYWARD STS GAYMONT STW STONYBROOK DR S GAYMONT STW CHERYLLYN LN
W HAYWARD ST
W. BALL RD
W. LINCOLN AVE
W. ORANGE AVE
S. KNOTT AVE. CERRITOS AVE S. MAGNOLIA AVES. WESTERN AVEW.BROADWAY
S.BEACHBLVDW. LINCOLN AVEW. LINCOLN AVE
720 South Beach Boulevard
DEV No. 2014-00090
Subject Property APN: 126-120-11
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:May 2014
[DRAFT] ATTACHMENT NO. 2
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2014-05757 AND
VARIANCE NO. 2014-04986 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014-00090)
(720 SOUTH BEACH BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for (i) Conditional Use Permit No. 2014-05757 to
permit the sale of beer and wine for on-premises consumption within an existing restaurant, and
(ii) Variance No. 2014-04986 to allow fewer parking spaces than required by the Anaheim
Municipal Code (the "Code") (collectively, the "Proposed Project") for premises located on that
certain real property at 720 South Beach Boulevard, in the City of Anaheim, County of Orange,
State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 0.98-acre in size and is developed with an
existing restaurant building and a two-story retail/office building. The Land Use Element of the
Anaheim General Plan designates the Property for Corridor Residential land uses. The Property
is located within the "C-G" General Commercial Zone. As such, the Property is subject to the
zoning and development standards described in Chapter 18.08 (General Commercial Zone) of
the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 15, 2014 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 of the
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the “lead agency” under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the 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 Title 14 of the California Code of Regulations, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically, exempt from the provisions
of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for Conditional Use Permit No. 2014-05757, does find
and determine the following facts:
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1. The proposed conditional use permit to permit the sale of beer and wine for on-
premises consumption within an existing restaurant would not adversely affect the adjoining land
uses, or the growth and development of the area in which it is proposed to be located because
Beach Boulevard is a predominantly commercial corridor consisting of other commercial uses;
and, the on-premises sale of beer and wine at the Property will not contribute to an increase in
crime in the area as there currently is not an overconcentration of on-sale beer and wine licenses
within the Census Tract.; and
2. The size and shape of the site is adequate to allow the full development of the
existing use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Property is currently improved with a commercial retail
center and there is no proposed expansion; and
3. The traffic generated by permitting beer and wine service for on-premises
consumption in conjunction with the existing restaurant would not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the traffic
generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets
and adequate parking will be provided to accommodate the use; and
4. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the Property is a commercial center
which allows restaurant businesses and the existing restaurant is compatible with the surrounding
area, subject to compliance with the conditions contained herein.
WHEREAS, the Planning Commission does further find and determine that the request
for a variance to allow fewer parking spaces than required by the Code in conjunction with the
existing restaurant, including an outdoor patio, should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(73 spaces required; 57 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer
off-street parking spaces to be provided for the all uses on site 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. A parking justification letter was prepared by
the applicant, determining that the current number of parking spaces within the Property is
sufficient to accommodate all of the current and future uses on site. Additionally, since the
restaurant would have off-setting peak hours from the retail tenants anticipated at full property
tenancy, parking would be adequate to accommodate the full parking demands for the property;
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 Property because existing parking spaces on site will adequately accommodate the peak
parking demands of the existing restaurant as the peak parking demands of all existing and future
uses will not occur at the same time;
- 2 - PC2014-***
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 because the on-site parking for the Property will adequately
accommodate peak parking demands for the current and futures uses on the site;
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
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, 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 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 Property; and
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. 2014-05757 and Variance No. 2014-04986, contingent
upon and subject to the conditions of approval set forth in Exhibit B attached hereto and
incorporated herein by this reference, which are hereby found to be a necessary prerequisite to
the proposed use of the Property in order to preserve the health, safety and general welfare of the
citizens of the City of Anaheim. Extensions for further time to complete conditions of approval
may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with
conditions of approval may be amended by the Planning Director upon a showing of good cause
provided (i) equivalent timing is established that satisfies the original intent and purpose of the
condition(s), (ii) the modification complies with the Code, and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
- 3 - PC2014-***
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
December 15, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 15, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December,
2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2014-***
- 5 - PC2014-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2014-05757 AND VARIANCE NO. 2014-04986
(DEV2014-00090)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
ON-GOING DURING PROJECT OPERATIONS
1 There shall be no admission fee, cover charge, nor minimum purchase
required. Police Department
2 There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating
the availability of alcoholic beverages. Police Department
3 That subject alcoholic beverage license shall not be exchanged for a
public premise (bar) type license nor shall the establishment be operated
as a public premise as defined in Section 23039 of the Business and
Professions Code.
Police Department
4 At all times when the premise is open for business, the premise shall be
maintained as a bona fide restaurant and shall provide a menu containing
an assortment of foods normally offered in such restaurant. Police Department
5 Parking lots, driveways, circulation areas, aisles, passageways, recesses
and grounds contiguous to buildings, shall be provided with enough
lighting to illuminate and make clearly visible the presence of any person
on or about the premises during the hours of darkness and provide a
safe, secure environment for all persons, property, and vehicles onsite.
Police Department
6 There shall be no entertainment, amplified music or dancing permitted on
the premise at any time unless the proper permits have been obtained
from the City of Anaheim. Police Department
7 Security measures shall be provided to the satisfaction of the Anaheim
Police Department to deter unlawful conduct of employees and patrons,
promote the safe and orderly assembly and movement of persons and
vehicles, and to prevent disturbances to the neighborhood by excessive
noise created by patrons entering or leaving the premises.
Police Department
8 The business shall not employ or permit any persons to solicit or
encourage others, directly or indirectly, to buy them drinks in the
licensed premises under any commission, percentage, salary, or other
profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic
Beverage Control Act)
Police Department
- 6 - PC2014-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
9 LEAD (Licensee Education on Alcohol and Drugs Program) Training
from the California Department of Alcoholic Beverage Control will be
required for the owner and any manager and employee involved with the
service of alcoholic beverages at the business premises. The number is
714-558-4101.
Police Department
10 Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee shall be removed or painted over within
24 hours of being applied. Police Department
11 The number of persons shall not exceed the maximum occupancy load as
determined by the Anaheim Fire Department. Signs indicating the
occupant load shall be posted in a conspicuous place on an approved sign
near the main exit from the business premises. (Section 25.114(a)
Uniform Fire Code)
Police Department
12 The petitioner(s) shall be responsible for maintaining free of litter the
area adjacent to the premises over which they have control. Police Department
13 The door(s) shall be kept closed at all times during the operation of the
premises except in cases of emergency. Said door(s) not to consist solely
of a screen or ventilated security door. Police Department
14 Petitioner(s) shall police the area under their control in an effort to
prevent the loitering of persons about the premises. Police Department
15 The Petitioner(s) shall post and maintain a professional quality sign
facing the premises parking lot(s) in a location satisfactory to the
appropriate representative of the Police Department, that reads as
follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block lettering.
The sign shall be in English and Spanish.
Police Department
16 The patio hours shall be limited to not later than 10:00 p.m. each day of
the week and the restaurant's hours of operation shall be limited to not
later than 12:00 midnight. Police Department
17 The sale of alcoholic beverages for consumption off the premises shall be
prohibited.
Police Department
- 7 - PC2014-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
GENERAL
18 The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department, and
as conditioned herein.
Planning Department,
Planning Services
Division
19 Conditions of approval related to each of the timing milestones above
shall be prominently displayed on plans submitted for permits. For
example, conditions of approval that are required to be complied with
prior to the issuance of building permits shall be provided on plans
submitted for building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and electrical plans,
landscape irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
Planning Department,
Planning Services
Division
20 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
Planning Department,
Planning Services
Division
21 The Applicant shall defend, indemnify, and hold harmless the City and
its officials, officers, employees and agents (collectively referred to
individually and collectively as “Indemnitees”) from any and all claims,
actions or proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys’ fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
Planning Department,
Planning Services
Division
- 8 - PC2014-***
Guerrero Mexican Grill
720 S. Beach Blvd
Anaheim CA 9284
714- 828-1683
The purpose of this letter is to inform you of the hours of operation of Guerrero Mexican
Grill at 720 S Beach Blvd Anaheim CA 92804
LETTER OF OPERATIONS FOR EXISTING RESTAURANT
DAYS AND HOURS OF OPERATION Hours
Mon: 10:00am - 9:00pm
Tue: 10:00am - 9:00pm
Wed: 10:00am - 9:00pm
Thurs: 10:00am - 9:00pm
Fri-Sat: 10:00am - 10:00pm
Sun: 10:00am - 9:00pm
Hours
Lunch Peak business hours
Mon: 12:00pm - 2:00pm
Tue: 12:00pm - 2:00pm
Wed: 12:00pm - 2:00pm
Thurs. 12:00pm - 2:00pm
Fri-Sat: 11:00am - 2:00pm
Sun: 11:00am - 2:00pm
Dinner peak business hours
Mon: 5:00pm - 7:00pm
Tue: 5:00pm - 7:00pm
Wed: 5:00pm - 7:00pm
Thurs: 5:00pm - 7:00pm
Fri-Sat: 5:00pm - 8:00pm
Sun: 3:00pm - 7:00pm
PROPOSED ENTERTAINMENT USES
For entertainment will have Karaoke, traditional trios, and live entertainment.
PROPOSED EVENTS
For events we’ll do families parties such as birthday parties and family oriented
gatherings.
PROPOSED OUTSIDE PATIO
Patio will be used our outdoor seating is a total of 35 patio seats.
NUMBER OF PARKING SPACES DEDICATED TO THE EXISTING RESTAURANT
The total parking lot spaces are 57 + and the restaurant has 27 available parking spaces or
as many are needed if needed.
ATTACHMENT NO. 3
ONE WEEK OF PARKING COUNTS DURING PEAK BUSINESS HOURS OF
EVERYDAY OF THE WEEK.
Lunch Peak business hours
Mon: 12:00pm - 2:00pm 7 spots
Tue: 12:00pm - 2:00pm 10 spots
Wed: 12:00pm - 2:00pm 5 Spots
Thurs: 12:00pm - 2:00pm 7 Spots
Fri-Sat: 11:00am - 2:00pm 11 Spots
Sun: 11:00am - 2:00pm 6 Spots
Dinner Peak business hours
Mon: 5:00pm - 7:00pm 6 spots
Tue: 5:00pm - 7:00pm 4 spots
Wed: 5:00pm - 7:00pm 5 Spots
Thurs: 5:00pm - 7:00pm 7 Spots
Fri-Sat: 5:00am - 8:00pm 11 Spots
Sun: 3:00am - 7:00pm 6 Spots
NUMBER OF EMPLOYEES ANTICIPATED DURING PEAK BUSINESS HOURS
At full capacity, there would be six employees during our peak business hours.
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.
ITEM NO. 8
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: DECEMBER 15, 2014
SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05688
VARIANCE NO. 2014-04993
LOCATION: 2508 West Woodland Drive (Life Evangelical Church)
APPLICANT/PROPERTY OWNER: The applicant is Sam Thomsic,
representing Life Evangelical Church, and the property owner is Ron Koldstad.
REQUEST: The applicant requests approval of a conditional use permit and
variance to permit and retain a church within an existing industrial building with a
variance to allow fewer parking spaces than required by the Zoning Code.
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. 2013-05688 and
Variance No. 2014-04993.
BACKGROUND: The .55-acre property is developed with an industrial building.
It is located in the Industrial (I) zone and is part of an integrated industrial complex.
Life Evangelical Church has been operating at this location since January, 2014. The
site is designated for Industrial land uses by the General Plan. Surrounding land
uses include Living Stream Ministries to the east; industrial uses to the north across
Woodland Drive; and, industrial uses to the south and west.
PROPOSAL: The applicant requests approval of a conditional use permit to permit
and retain a 5,834 square foot church in an existing 8,223 square foot industrial
building. The remaining 2,389 square feet of building area is utilized for storage by
the property owner.
The church includes a 1,266 square foot sanctuary, sound room foyer, office,
classrooms, restrooms, lunch room, cry room, utility and storage rooms. No exterior
changes to the building are proposed. Church services and activities are held
Sundays at 10:00 a.m. and 11:45 a.m. and on Thursday and Friday evenings from
6:00 p.m. to 9:00 p.m.
200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net
CONDITIONAL USE PERMIT NO. 2013-05688 AND VARIANCE NO. 2014-04993
December 15, 2014
Page 2 of 2
ANALYSIS: The following is staff’s analysis of the project:
Conditional Use Permit: The Code allows churches in the Industrial zone subject to a
conditional use permit. The conditional use permit is intended to determine compatibility of the
proposed use with surrounding land uses. This building is part of an integrated industrial park
that contains a total of 40 buildings. The church occupies a portion of an existing industrial
building with the remainder of the building utilized by the property owner for personal storage.
The church would not impact adjacent uses because it does not operate during the normal
business hours of the surrounding industrial and commercial uses. Further, the church does not
conduct any uses, such as a school or childcare facility that could limit the operations of adjacent
industrial uses. A condition of approval prohibiting weekday school or childcare activities has
been included in the draft resolution.
Parking Variance: The church requires a total of 38 parking spaces; 37 spaces for the sanctuary
and one space for the office area. An additional four spaces are required for the warehouse
space, so the property requires a total of 42 parking spaces. This property has 16 spaces. The
applicant was made aware by staff that additional off-street parking was needed for the church
use. The applicant has since obtained an agreement for 38 additional parking spaces from the
adjacent property owner for a total of 54 parking spaces. The parking justification letter
indicates that church-related activities take place on Sunday mornings and Thursday and Friday
evenings. No activities take place during the typical hours of operation for the surrounding
businesses. Therefore, staff believes that the proposed number of parking spaces is adequate for
the church use.
CONCLUSION: Staff believes the church is an appropriate use for this property and is
compatible with the surrounding land uses. The church has a record of operating without
impacting neighboring properties. Staff recommends approval of the conditional use permit and
variance.
Prepared by, Submitted by,
Vanessa Norwood Jonathan E. Borrego
Associate Planner Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Resolution
3. Letter of Operation and Parking Justification
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.
4. Site Plan and Floor Plan
5. Site Photographs
IRELIGIOUS USE
IINDUSTRIAL
BUSINESS PARK
IINDUSTRIAL
IINDUSTRIAL
IRELIGIOUS USE
IINDUSTRIAL
IINDUSTRIAL
IRELIGIOUS USEIINDUSTRIAL
IOFFICES
W LA PALMA AVE
W WOODLAND DR N ELECTRIC WAYN HUBBELL WAYW VIA PALMAW. LA PALMA AVE
W. CRESCENT AVEN. MAGNOLIA AVEN. DALE AVE. ORANGETHORPE AVE
2 5 0 8 West Woodlan d Driv e
D EV No. 2 0 13-00084
Subject Property APN: 071-533-02
ATTACHMENT NO. 1
°0 50 100
Feet
Aeri al Ph oto :May 20 13
W LA PALMA AVE
W WOODLAND DR N ELECTRIC WAYN HUBBELL WAYW VIA PALMAW. LA PALMA AVE
W. CRESCENT AVEN. MAGNOLIA AVEN. DALE AVE. ORANGETHORPE AVE
2508 West Woodland Drive
DEV No. 2013-00084
Subject Property APN: 071-533-02
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:May 2014
[DRAFT] ATTACHMENT NO. 2
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2013-05688 AND
VARIANCE NO. 2014-04993 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013-00084)
(2508 WEST WOODLAND DRIVE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2013-
05688 to permit a church within an existing industrial building, and (ii)Variance No. 2014-04993
to permit fewer parking spaces than required by the Anaheim Municipal Code (the "Code") for
premises located on that certain real property at 2508 West Woodland Drive (collectively
referred to herein as the "Proposed Project") 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 .55-acre in size and is developed with
an industrial building. The Property is located in the "I" Industrial Zone and is designated for
Industrial land uses in the General Plan; and
WHEREAS, on December 15, 2014, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear
and consider evidence for and against proposed Conditional Use Permit No. 2013-05688 and
Variance No. 2014-04993, and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the 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 Title 14 of the California Code of Regulations, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to a church within an existing industrial building with fewer
parking spaces than required by the Zoning Code, does find and determine the following facts
with respect to proposed Conditional Use Permit No. 2013-05688:
1. The proposed request to allow a church in an existing industrial building within the “I”
Industrial Zone is properly one for which a conditional use permit is authorized by
subsection .010 of Section 18.10.030 (Uses) of the Code; and
- 1 - PC2014-***
2. The proposed conditional use permit to allow a church in an existing industrial building,
as conditioned herein, would not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located because the church use
will occur when adjacent businesses are closed; and
3. The size and shape of the site for the use is adequate to allow the full development of the
church in a manner not detrimental to the particular area or to the health and safety
because the use will be entirely within an existing building; and
4. The traffic generated by the proposed church 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 occur during off peak hours of the adjacent businesses;
and
5. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim as the proposed
the church will be compatible with the surrounding area because the use is integrated
with other uses on within the commercial center and is not 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 a variance to permit less parking than required by the Code in conjunction with the
proposed church an existing industrial building should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(42 spaces required; 16 spaces existing)
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. A parking demand/operational letter was
prepared by the applicant indicating that the current number of parking spaces, along with 38
additional parking spaces on adjacent property, is sufficient to accommodate the use; and
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 because on-site parking and parking provided by the adjacent industrial
properties for use by the church would adequately accommodate the parking demands of the
proposed church; and
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. The church would generate a peak parking demand of 38 parking spaces, while 54
spaces would be available including parking provided by the adjacent industrial properties; and
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
because the project site provides adequate ingress and egress points to the property and are
designed to allow for adequate on-site circulation; and
- 2 - PC2014-***
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 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 church.
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. 2013-05688 and Variance No. 2014-04993,
contingent upon and subject to the conditions of approval described in Exhibit B attached hereto
and incorporated herein by this reference, which are hereby found to be a necessary prerequisite
to the proposed use of the Property in order to preserve the health, safety and general welfare of
the citizens of the City of Anaheim. Extensions for further time to complete conditions of
approval may be granted in accordance with Section 18.60.170 of the Code. Timing for
compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is established that satisfies the original
intent and purpose of the condition (s), (ii) the modification complies with the Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim
Municipal 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 Anaheim Municipal
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.
- 3 - PC2014-***
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 15, 2014. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 15, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of
December, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2014-***
- 5 - PC2014-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2013-05688
AND VARIANCE NO. 2014-04993
(DEV2013-00084)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1 No required parking area shall be fenced or otherwise
enclosed for outdoor storage. Planning Department,
Code Enforcement
2 The church shall be operated in accordance with the Letter of
Request and Parking Letters submitted as part of this
application. Any changes to the church operation as
described in that document shall be subject to review and
approval by the Planning Director.
Planning Department,
Planning Services Division
3 This church facility shall not include any child day care or
pre-school activities, except during church services. Planning Department,
Code Enforcement
4 No portable signs shall be utilized to advertise the church. Planning Department,
Code Enforcement
5 The property shall be permanently maintained in an orderly
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of
graffiti within twenty four (24) hours from time of
occurrence.
Planning Department, Code
Enforcement Division
6 All exterior doors shall have their own light source, which
shall adequately illuminate door areas at all hours to make
clearly visible the presence of any person on or about the
premises and provide adequate illumination for persons
exiting the building.
Police Department
7 Applicant shall complete a Burglary/Robbery Alarm Permit
application, Form APD 516, and return it to the Police
Department prior to initial alarm activation. This form is
available at the Police Department front counter, or it can be
downloaded from the following web
site: http://www.anaheim.net/article.asp?id=678
Police Department
8 The project shall be shown to comply with the requirements
of an A occupancy in accordance with the 2010 California
Building Code.
Fire Department
9 The applicant shall enter into a license, lease or rental
agreement with the owner of the adjacent property located at
2512-2516 West Woodland Drive granting to the applicant
Planning Department,
Planning Services Division
- 6 - PC2014-***
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
and its invitees a revocable, non-exclusive right to park in 38
parking spaces and to use the roadways and driveways for
ingress and egress solely for the purpose of accessing the
parking spaces on Sundays from 9:30 a.m. to 1:30 p.m. Said
instrument shall not be revoked, terminated, amended or
modified in any manner that would materially and adversely
affect the rights of the applicant to use the parking spaces and
the roadways and driveways without giving prior written
notice to the City of Anaheim; provided, however, that the
owner of 2512-2516 West Woodland Drive shall have no
obligation to so notify the City. The license, lease or rental
agreement shall be in a form acceptable to the City Attorney
and thereafter recorded in the Official Records of the County
of Orange. A recorded copy of said instrument shall be filed
with the Planning Division.
GENERAL CONDITIONS
10 The applicant is responsible for paying all charges related to
the processing of this discretionary case application within 30
days of the issuance of the final invoice or prior to the
issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays
in the issuance of required permits or may result in the
revocation of the approval of this application.
Planning Department,
Planning Services Division
11 The Applicant shall defend, indemnify, and hold harmless the
City and its officials, officers, employees and agents
(collectively referred to individually and collectively as
“Indemnitees”) from any and all claims, actions or
proceedings brought against Indemnitees to attack, review,
set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or
to determine the reasonableness, legality or validity of any
condition attached thereto. The Applicant’s indemnification
is intended to include, but not be limited to, damages, fees
and/or costs awarded against or incurred by Indemnitees and
costs of suit, claim or litigation, including without limitation
attorneys’ fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
Planning Department,
Planning Services Division
12 The Property shall be developed substantially in accordance
with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with
the Planning Department and as conditioned herein.
Planning Department,
Planning Services Division
- 7 - PC2014-***
Operation Plan and Parking Demand
2508 West Woodland Drive, Anaheim 92801
The purpose of this Operational Plan is to summarize the usage of the proposed
church as it applies to the proposed site. This document describes the proposed
operational characteristics as it relates to operation hours and the associated parking
demand.
There are currently 16 parking spaces on the site of this facility. See below for an
explanation of demand and plan to fulfill city requirements to meet that demand.
Proposed Church Operation:
The church is comprised of a total of 110 people, thirty of whom are minor children.
The proposed site is 5834 sq ft located at the address above. The proposed site will be
used for general assembly (Church Service), Children’s Programs and various smaller
meetings.
The proposed schedule is as follows
Sunday:
10 am Service for adults (approx 40) with a concurrent children’s bible study in the
various rooms (25 children).
11:45 Service for adults (approx 40)
Service duration is one hour and ten minutes.
Thursday:
6pm-9pm Praise Band Practice - 7 members
Friday:
6pm-9pm Awana Children’s Program – 10 adults and 20 children
Church has no regular daytime hours other than Sunday.
Parking demand analysis:
The city has recommend the church to have 43 parking spaces in total.
Our site has 16 parking spaces on premises. Three spots are allotted to the warehouse
space in the current building. We believe our parking demand will be in the range of
12-15 cars.
Our reasoning is as follows:
LIFE EVANGELICAL CHURCH
ATTACHMENT NO. 3
2
Thursday: Will need no more than 7 cars.
Friday: Will need 8-10 cars for the teachers, children will be dropped off.
Sunday 10am: Is comprised primarily of families. Our average family size is 4-5
people who will drive in one car only. This would yield around 13-15
car spaces needed.
Sunday 11:45: Will have some families and college students. Many students do not
have their own car so are forced to car pool. We estimate 3 persons
per car for this service for a yield around 12-14 car spaces needed.
We understand the street parking is not taking into consideration as far as planning
commission is concerned, though we would like to mention its availability as well.
However, we have also taken steps to make sure the parking demand is not overly
taxing on the existing business’ or area.
We have agreed with the adjacent business, Textile Products Inc., to come into
contract for any remaining spaces needed. They have 38 spaces available during the
time of our proposed use.
Textile Products Inc. hours of operation do not run concurrently with any proposed
church programs. Their regular business hours are from 8am-4:30pm, Monday
through Friday with no regularly scheduled hours during the weekend.
LIFE EVANGELICAL CHURCH
LIFE EVANGELICAL CHURCH
Tenant List for Parking Considerations
Textile Products, Inc List
Tenant: Textile Products, Inc
Business Type: Manufacturing
Operation Hours: 8:00 am – 4:30 pm, Mon – Fri
Address: 2512 W Woodland Dr. Anaheim, Ca 92801
Square Footage: 10,423
Parcel ID: 071-533-03
Parking Available: 11 Spaces
Tenant: Textile Products, Inc
Business Type: Manufacturing
Operation Hours: 8:00 am – 4:30 pm, Mon – Fri
Address: 2516 W Woodland Dr. Anaheim, Ca 92801
Square Footage: 7,259
Parcel ID: 071-533-04
Parking Available: 16 Spaces
Tenant: Textile Products, Inc
Business Type: Manufacturing
Operation Hours: 8:00 am – 4:30 pm, Mon – Fri
Address: 2520 W Woodland Dr. Anaheim, Ca 92801
Square Footage: 8,686
Parcel ID: 071-533-05
Parking Available: 11 Spaces
LIFE EVANGELICAL CHURCH
LIFE EVANGELICAL CHURCH
ATTACHMENT NO. 4
NON-OCCUPIEDWAREHOUSE2389 SF(NOT PART OF SCOPE)PROPOSED PROJECT LOCATIONCHURCH TENANT IMPROVEMENT5834 SF(E) 17'-6" W X 6' H C.L ROLL GATE(E) 6' H C.L.F.(E) 6' H C.B.W TRASHAREA26'-11"24'-10"24'-0"225'-3"18'-0" TYP.8'-6"
TYP.
24"
12"4'-9"14(E) ASPHALT PAVING(E) ASPHALT PAVINGWOODLAND DR(N) ACC. PATH OF TRAVELFROM PARKING STALL(N) H.C. PARKING STALL;SEE DTL 01/A1.0(N) GROOVED BORDERS;SEE DTL 01/A0.1(N) TRUNCATED DOMES;SEE DTL 04/A1.0A1.0SHEET NO:Drawn By:Project No.:Plot Date:L.M11.7.2013SHEET TITLE:SITE PLAN6All ideas, designs, arrangements, and plans indicated orrepresented by this drawing are owned by, and the property ofMADE8.Designs, and were created, evolved, and developed foruse on, and in connection with, the specified project. None ofsuch ideas, designs arrangements of plans shall be used withoutthe written permission of MADE8.Designs. Written dimensions ofthese drawings shall have precedence over scaled dimensions.Contractors shall verify and be responsible for all dimensionsand conditions on the job, and this office must be notified of allvariations from the dimensions and conditions shown by thesedrawings.REVISIONS:54321#DATEDESCRIPTIONX[X]01.02.12STAMP:ISSUANCES:DATE:MADE.8|DESIGN1SCALE: 3/16" = 1'-0"SITE PLAN2508 W WOODLAND DR.
ANAHEIM, CA 92801
LIFE EVANGELICAL CHURCH
TENANT IMPROVEMENT12" TYP.18" TYP.80" MIN. TO FIN. FLR 70 SQ. IN. PARKING SIGN WITHINTERNATIONAL SYMBOL OFACCESSIBILITY PER TITLE 24C.C.R. ACCESSIBILITYREQUIREMENTSSIGN TO STATE " MINIMUMFINE $250""VAN ACCESSIBLE" SIGNAGE(WHERE REQURIED)FINISH GRADE36"36"2-1/2" WIDE STROKEWHITE PAINTEDINTERNATIONALSYMBOL OF THEHANDICAPPED.BLUE PAINTED FIELD(GRID SHOWN ONLY FORPROPORTIONSCENTERLINE OF STALL2ADA SITE REQUIREMENTPARKING STALL EMBLEM3ADA SITE REQUIREMENTPARKING STALL SIGNAGE1ADA SITE REQUIREMENTVAN ACCESIBLE PARKING STALL2.35"APART0.45" @ TOP0.9" @ BASE2.35"
APART 1.67"APROX.AA0.2" HEIGHT
TYPICAL PLANSECTION A-A TAPERED EDGESWHERE EXPOSED4ADA SITE REQUIREMENTTRUNCATED DOME PATTERNPARKING ANALYSIS1.16 PARKING SPACES PROVIDED (1 NEW HANDICAP)2.PARKING AGREEMENT W/ ADJACENT BUSINESS TO MEET REQUIRED SPACESSITE ACCESSIBILITY NOTES .ALL EXISTING ACCESSIBLE ROUTES OF TRAVEL, PARKING SPACES, ENTRANCES,RESTROOMS, AND SIGNS ARE TO BE IN COMPLIANCE WITH THE 2010CALIFORNIA BUILDING CODE, TITLE 24.THE FOLLOWING REQUIREMENTS ARE TO BE VERIFIED TO EXIST AND IF THEY DONOT EXIST MUST BE PROVIDED AND INSTALLED BY THE LANDLORD.1.VERIFY THAT THE DIMENSIONS OF THE VAN ACCESSIBLE PARKING STALLSADHERE TO THE APPLICABLE REQUIREMENTS; SEE DETAIL 1/--VERIFY THAT A PAINTED SIGN EXISTS ON THE GROUND AT THE 8 FOOT WIDEACCESSIBLE PARKING ACCESS AISLE INDICATING "NO PARKING". THE SIGN SHALLBE PAINTED IN WHITE LETTERING, 12 INCHES HIGH AND LOCATED SO THAT IT ISVISIBLE TO TRAFFIC ENFORCEMENT OFFICIALS; SEE DETAIL 1/--.2.VERIFY THAT A CURB RAMP FROM THE ACCESS AISLE, AS PER BBC SECTIONS1127B.5.3 AND 1129.4 (3) WHICH STATES THAT RAMPS SHALL NOT ENCROACHINTO ANY ACCESSIBLE PARKING SPACE OR THE ACCESS AISLE; SEE DETAIL 4/--.3.VERIFY THAT SIGNAGE SYMBOLS EXIST THAT INDICATE THE ACCESSIBLEROUTES OF TRAVEL FROM PUBLIC SIDEWALK TO THE MAIN ENTRANCE, ANDFROM THE ONSITE PARKING SPACES TO THE MAIN ENTRANCE.4.PROVIDE TYPICAL NEW INSTALLATION STRIPING AND ACCESSIBILITY DETAILS IFFOUND EXTREMELY FADED OR NONCONFORMING THE EXISTING SITE,ACCESSIBLE PARKING STALLS(S), AND TOILET ROOM SHALL FULLY COMPLYWITH T-24; AND ARE SUBJECT TO FIELD VERIFICATION. THE INTERNATIONALSYMBOL OF ACCESSIBILITY SHALL BE POSTED ON OR ADJACENT TO ALLDISABLED ACCESSIBLE ENTRANCE IF NOT EXISTING.
NON-OCCUPIEDWAREHOUSE SPACE2389 SF(NOT PART OF SCOPE)(N)AUDITORIUM1648 SF(E)STORAGE66 SF(N)CLOSET50 SF(N)ELEMENTARYCLASSROOM332 SF(E)STORAGE107 SF(E)KITCHEN112 SF(N)FOYER782 SF(N)PRESCHOOLCLASSROOM194 SF(N)YOUTHCLASSROOM251 SF(E)WOMEN59 SF(E)MEN55 SF(E)UNI-SEX80 SF(E)STORAGE124 SF(E)OFFICE283 SF(N)CRY ROOM327 SF(N)OFFICE #1294 SF5'-0"5'-11"7'-6"10'-7"7'-6"
10'-9"17'-7"15'-0"18'-0"4'-8"6'-0"3'-0"24"77'-0"7'-2"11'-0"7'-9"12'-0"41'-8"49'-9"16'-1"36'-11"11'-9"55'-3"35'-0"102'-0"21'-8"8'-0"7'-10"10'-1"9'-8"16'-11"13'-1"18'-9"98'-4"102'-9"':+6':+6
UPTO ELECPANEL(E)UTILITY222233222232222222112(E)HALL #2363 SF(E)HALL #1165 SFA2.01A2.01A2.0SHEET NO:SHEET TITLE:FLOOR PLANAll ideas, designs, arrangements, and plans indicated orrepresented by this drawing are owned by, and the property ofMADE8.Designs, and were created, evolved, and developed foruse on, and in connection with, the specified project. None ofsuch ideas, designs arrangements of plans shall be used withoutthe written permission of MADE8.Designs. Written dimensions ofthese drawings shall have precedence over scaled dimensions.Contractors shall verify and be responsible for all dimensionsand conditions on the job, and this office must be notified of allvariations from the dimensions and conditions shown by thesedrawings.X[X]STAMP:ISSUANCES:DATE:MADE.8|DESIGN1SCALE: 3/16" = 1'-0"SITE PLANDrawn By:Project No.:Plot Date:L.M11.7.20136REVISIONS:54321#DATEDESCRIPTION01.02.122508 W WOODLAND DR.
ANAHEIM, CA 92801
LIFE EVANGELICAL CHURCH
TENANT IMPROVEMENT
6" MIN
Ĉ$1*/(%5$&,1*;*$METAL STUDS @ 48" O.C.ALTERNATING DIRECTIONS&87)/$1*($1'%(1'72Ĉ2-#8 SCREWS @ EACH BRACE AND@ OVERLAP FOLD25 GA METAL RUNNER TRACK5/8" GYP BD FINISH EA SIDELINE OF STRUCTURE ABOVE PROVIDE2X4 MIN. BLOCKING WHERE WALL ISPARALLEL TO STRUCTURAL FRAMING.DO NOT ATTACH TO UNDERSIDE OFROOF DECK.2-#8 SCREWS @ EACH LOCATIONCUT FLANGE AND%(1'72Ĉ3-5/8" X 25 GA METAL STUDS @ 16"O.C., 12'-2" MAX HGT. (6" WIDE @PLUMBING WALL PER PLAN)POWER ACTUATED FASTENER @ 32"O.C. MIN OF 2 PER PIECE, 12" WITHINEACH END; HILTI ICC-ER 1663BASE AND FLOOR FINISH, SEEFINISH SCHEDULE25 GA. METAL RUNNER TRACK W/#8 SCREW EA SIDE @ EA STUD.R-13 INSULATION LOCATION PERFLOOR PLANPROVIDE FIRE BLOCKING @ MIDHGT WHERE STUD EXCEED 10'-0"(E) CONC. SLAB FLOORCEILING PER FINISH SCHEDULE1METAL STUD WALL6" ABOVE CEILING2METAL STUD WALLSTUD SCHEDULE
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.
ITEM NO. 9
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: DECEMBER 15, 2014
SUBJECT: ZONING CODE AMENDMENT NO. 2014-00121
LOCATION: Citywide
APPLICANT: City of Anaheim
REQUEST: This application is a City-initiated amendment to Title 18 (Zoning) of the
Anaheim Municipal Code making technical and clarifying changes including, but not
limited to, the following Zoning Code chapters: 1) Chapter 18.06 (Multiple-Family
Residential Zones) – Clarification of terminology related to non-residential classes of uses
and technical corrections to minimum size of recreational-leisure area requirements in
multiple-family residential zones; 2) Chapter 18.14 (Public and Special-Purpose Zones) –
Clarification of special provisions related to single-family detached dwellings; 3) Chapter
18.16 (Regulatory Permits) – Minor modifications to regulatory permits for entertainment
uses; 4) Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) – Minor
modifications to the density regulations and minimum parking requirements in the
Platinum Triangle Mixed Use Overlay Zone; 5) Chapter 18.32 (Mixed Use (MU) Overlay
Zone) – Modification to the regulation of accessory uses by adding Short Term Rentals as a
permitted accessory use; 6) Chapter 18.38 (Supplemental Use Regulations) – Minor
modifications to the provisions for home occupations; 7) Chapter 18.40 (General
Development Standards) – Minor modifications to the regulations of wall height limitations
for residential developments; 8) Chapter 18.44 (Signs) – Minor modifications to building
sign regulations for multi-tenant commercial and industrial buildings; 9) Chapter 18.46
(Landscaping and Screening) – Minor modifications to the provisions for landscaping
requirements in front yard landscape setbacks, wall height limitations abutting railroad
corridors for residential developments and landscaping on walls, fences and trash
enclosures; 10) Chapter 18.56 (Nonconformities) – Technical corrections to references
related to the Community Development Department; 11) Chapter 18.60 (Procedures) –
Modifications to the procedures regarding City Council review of discretionary land use
applications and the approval authority for time extensions to satisfy conditions of
approval; and 12) Chapter 18.92 (Definitions) – Addition of the definition for “Wet Bar.”
DISCUSSION: Staff requests a continuance of this hearing to allow time to include
additional technical and clarifying changes to the proposed Zoning Code Amendment.
RECOMMENDATION: Staff recommends that this hearing be continued to the
January 12, 2015 Planning Commission meeting.
Prepared by, Submitted by,
Gustavo Gonzalez Jonathan E. Borrego
Associate Planner Planning Services Manager
200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net
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.