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Staff Report 200 S. Anaheim Blvd. Suite 162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: DECEMBER 4, 2023 SUBJECT: DEVELOPMENT APPLICATION NO. 2023-00013 LOCATION: 700 South Euclid Street APPLICANT/PROPERTY OWNER: The applicant is Kelly S. Rocha of EZBS Properties, LLC, who is represented by Daniel Stewart with CDB Architects. The property owner is Simon C. Rocha of EZBS Properties, LLC. REQUEST: The applicant requests approval of a conditional use permit to convert an existing office structure into a restaurant for a new 1,240 square foot coffee shop, and an administrative adjustment to permit a landscape setback less than required by Code (20% reduction proposed). AUTHORITY: Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones), Section 18.62.040 (Administrative Adjustments) of Chapter 18.62 (Administrative Reviews), and Section .080 (Planning Director Reviews) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the “Code”). RECOMMENDATION: Staff recommends that the Planning Commission determine that a Class 3 – New Construction or Conversion of Small Structures Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15303 and 15300.2, of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000- 15387) is the appropriate environmental documentation for this request; and, approve Development Application No. 2023-00013. BACKGROUND: The project site is 0.14 acres and is developed with a 1,662 square foot office building and surface parking lot. The project site is in the Low Intensity Office (O- L) Zone and is designated for Office-Low land uses in the General Plan. The property is surrounded by office uses to the south and north across Alomar Avenue, single-family residential uses to the east across the alley, and a cemetery to the west across Euclid Street. PROPOSAL: The applicant proposes to convert an existing office building into a restaurant for a new 1,240 square foot coffee shop. The site would have access from an existing driveway on Alomar Avenue and from an alley east of the project site. The two access points would provide access to seven on-site parking spaces, including one accessible van parking space. Approximately 422 square feet of the office building would be demolished to provide for a new 350 square foot outdoor dining area. A service counter area, public restrooms, and an indoor dining area are proposed in the coffee shop. The DEVELOPMENT APPLICATION NO. 2023-00013 December 4, 2023 Page 2 of 5 project also includes landscape improvements along Alomar Avenue. Exterior alterations are proposed that include new painting and improvements for the outdoor dining area. Site Plan FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make specific findings of fact. Each required finding and the corresponding analysis is presented below: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; The Code permits Restaurants-General in the O-L Zone subject to approval of a conditional use permit to ensure compatibility with the surrounding area and uses, and to ensure that the use would not be detrimental to the general health and safety of the community. 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; The proposed restaurant would not adversely impact the existing commercial uses as the proposed use would be compatible and consistent with other commercial uses along the Euclid Street commercial corridor. In addition, the proposed use would not adversely affect the adjoining land uses or the growth and development of the area as it would be consistent with the land use patterns in the vicinity and the neighborhood serving land uses. DEVELOPMENT APPLICATION NO. 2023-00013 December 4, 2023 Page 3 of 5 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; The project was designed to allow for the full development of the proposed use on-site without conflicting with any existing adjacent use. The proposed use would not be detrimental to the area or the general health and safety of the community because the proposed restaurant has been designed to maintain all operations on-site and provide adequate circulation and parking without affecting the surrounding land uses. The proposed restaurant would require five parking spaces and seven parking spaces are proposed. Landscape improvements are proposed along Alomar with new ground cover, shrubs, and trees. The proposed outdoor dining area was designed to provide an adequate enclosure, tables and chairs, and trash receptacles. 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; The Public Works Department Traffic and Transportation Division reviewed the Trip Generation Analysis prepared for the proposed restaurant and determined that the proposed project would not have a significant impact on traffic as it would not exceed 100 trips during AM and PM peak hours. In addition, fire truck and emergency service access were deemed adequate by the Anaheim Fire and Rescue, and sanitation service was deemed adequate by the Public Works Streets - Operations Division. Based on the above data, the traffic generated by the proposed uses would not impose an undue burden on streets and highways in the area. 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The proposed project would not be detrimental to the health and safety of the citizens of the City of Anaheim as it has been designed to accommodate all operations and vehicle parking on-site to not impact the adjacent residential uses. Conditions of approval have been included to ensure the restaurant will be properly maintained and compatible with the area and adjacent land uses. Administrative Adjustment: Administrative adjustments are waivers of certain development standards, including setback requirements, and can be approved by the Planning and Building Director. When an administrative adjustment application is made in conjunction with a project that requires Planning Commission action, all requests are subject to review and approval by the Planning Commission. Before the Planning Commission may approve an administrative adjustment, it must make the following findings of fact: 1) The adjustment is consistent with the purposes and intent of the Zoning Code; The Applicant requests an administrative adjustment to permit a landscape setback less than required by Code. The Code permits a deviation of up to 20 percent from the front setback along Euclid Street. The proposed restaurant would require a 10-foot landscape setback and an 8-foot landscape setback is proposed, a 20% deviation. DEVELOPMENT APPLICATION NO. 2023-00013 December 4, 2023 Page 4 of 5 2) The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require adjustment; The Code requires that all setbacks are measured from the ultimate right-of-way. While the project does not require any dedication along Euclid Street, the ultimate right-of-way is located seven feet back from the existing right-of-way. As proposed, the site would maintain 15 feet of landscaping from the existing right of way, as shown in the image below. The two-foot encroachment is an existing condition from the original development of the site and there is no expansion of the existing building footprint. The reduction in the landscape setback would allow for adequate access to and around the proposed restaurant. Existing and Ultimate Right of Way 3) The adjustment will not produce a result that is out of character or detrimental to the neighborhood. The proposed administrative adjustment will not produce a result that is out of character or detrimental to the neighborhood as other commercial uses on Euclid Street are developed with non-conforming landscape setbacks. Staff does not believe that the reduction of the landscape setback would be out of character or detrimental to the neighborhood as it would not impact the adjacent neighborhood. Environmental Impact Analysis: The project qualifies for a Class 3 - New Construction or Conversion of Small Structures Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15303 and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387). The Class 3 Exemption consists of the conversion of existing small structures from one use to another use where only minor modifications are made in the exterior of the structure, including restaurants in urbanized areas not exceeding 10,000 square feet. DEVELOPMENT APPLICATION NO. 2023-00013 December 4, 2023 Page 5 of 5 The existing office structure would remain and be converted into a restaurant. A portion of the office structure would be demolished to accommodate an outdoor dining area. There is no expansion of the existing footprint. Site improvements consist of new landscaping and an outdoor dining area. Pursuant to Section 15300.2 (c) and Section 15303 of Title 14 of the California Code of Regulations there are no unusual circumstances in respect to the project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA. CONCLUSION: The project has been designed to provide adequate parking, on-site circulation, and an outdoor dining area. The proposed exterior improvements to the building would be complementary to the adjacent uses and landscaping would be provided to improve the site. Based on the analysis included in this report and the findings contained in the draft resolution, staff supports the request and recommends approval of the application. Prepared by, Submitted by, Jose Barriga Scott Koehm, AICP Associate Planner Principal Planner Attachments: 1. Draft Conditional Use Permit and Administrative Adjustment Resolution 2. Letter of Request and Justification 3. Project Plans 4. Trip Generation Memo 5. Aerial and Vicinity Maps