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PC 2011/01/31
Call To Order 5:00 p.m. Pledge Of Allegiance Public Comments Consent Calendar Public Hearing Items Commission Updates Discussion Adjournment H: \TOOLS \PC Admin \PC Agendas \(013111).doc City of Anaheim Planning Commission Agenda Monday, January 31, 2011 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Stephen Faessel Chairman Pro Tempore: Peter Agarwal Commissioners: Todd Ament, Joseph Karaki, Harry Persaud Victoria Ramirez, John Seymour 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/planninq on Thursday, January 27, 2011, 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(c anaheim.net 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. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and /or removed from the Consent Calendar for separate action. Public Hearing-Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2010 -05537 VARIANCE NO. 2011 -04843 PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00074 Request for Continuance to February 28, 2011 (DEV2010- 00177) Owner: Paul Roper D & P, LLC 987 Enterprise St. Orange, CA 92867 Applicant: Juan Reynoso Reymart, Inc 2107 N. Broadway, Suite 106 Santa Ana, CA 92706 Agent: Mike Ayaz Rick Blake, Attorney at Law 2107 N. Broadway, Suite 106 Santa Ana, CA 92706 Location: 1168 South State College Boulevard The applicant proposes to establish a nightclub in an Project Planner: existing commercial building, to include a Type 48 (Public David See dsee(a net Premise) ABC license, sale and consumption of alcoholic beverages, public dancing, cover charge, and live entertainment with less parking than required by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Continued from the January 19, 2011 Planning Commission meeting. 01/31/11 Page 2 of 9 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 3720A Resolution No. (DEV2010- 00183) Owner: Hai Su Lee 12522 Yosemite Street Cerritos, CA 90703 Applicant: Shewaye Zeleke Tana Ethopian Restaurant 2622 West La Palma Avenue Anaheim, CA 92801 Location: 2622 West La Palma Avenue The applicant proposes to upgrade an existing Type 41 beer Project Planner: and wine alcohol beverage control license to a Type 47 full Vanessa Norwood service alcohol beverage control license for on -site morwood(clanaheim.net consumption within an existing restaurant. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 01/31/11 Page 3 of 9 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2010 -05535 VARIANCE NO. 2010 -04840 Resolution No. (DEV2010- 00175) Owner: Chuang Yang KOK Investment 4521 Campus Drive, Suite 168 Irvine, CA 92612 Applicant: Jovan Rangel L & H Banquet Enterprise, LLC 19330 High Water Way Corona, CA 92881 Location: 2660 West La Palma Avenue The applicant proposes to establish a banquet facility to Project Planner: include the on- premises consumption of alcoholic David See beverages with fewer parking spaces than required by dseeo- )anaheim.net Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). ITEM NO. 5 VARIANCE NO. 2010 -04842 Resolution No. _ (DEV2010- 00191) Owner/ Applicant: Shirley Marshall and Judy Wade 991 South Rutgers Circle Anaheim, CA 92807 Location: 991 South Rutgers Circle The applicant proposes to retain an existing fence Project Planner: extension that exceeds the permitted height of fences Kevin Clausen within side and rear yard setback areas. kclausen(a)anaheim.net Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines — Class 3 (New Construction or Conversion of Small Structures). 01/31/11 Page 4 of 9 ITEM NO. 6 VARIANCE NO. 2010 -04835 Resolution No. _ (DEV2010- 00169) Owner: Anaheim Vineyard, LLC 4901 Birch Street Newport Beach, CA 92660 Applicant: Ron Cole 4901 Birch Street Newport Beach, CA 92660 Location: 5601 East Orangethorpe Avenue The applicant proposes to construct an entry monument Project Planner: sign for an existing apartment community that is larger than scottKoehm permitted by code. skoehm(olanaheim.net Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 11 (Accessory Structures). ITEM NO. 7 CONDITIONAL USE PERMIT NO. 2010 -05538 Resolution No. _ (DEV2010- 00178) Owner: RIF II Orangethorpe, LLC 11620 Wilshire Blvd, Suite 300 Los Angeles, CA 90025 Applicant: Howard Schwimmer 11620 Wilshire Blvd, Suite 300 Los Angeles, CA 90025 Location: 2350 -2384 East Orangethorpe Avenue and 1631 North Placentia Avenue The applicant proposes to permit automobile repair uses Project Planner: within two existing industrial buildings. scottKoehm skoehm(cDanaheim. net Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 01/31/11 Page 5 of 9 ITEM NO. 8 VARIANCE NO. 2010 -04839 Resolution No. _ (DEV2010- 00184) Owner: Sares -Regis 18802 Bardeen Avenue Irvine, CA 92612 Applicant: Sam Stahnke 1750 S. Brentwood Blvd, Suite 602 St. Louis, MO 63144 Location: 4633 -4641 East La Palma Avenue and 1281 North Hancock Street The applicant proposes to permit a distribution center with Project Planner: fewer parking spaces than are required by Code. Scott Koehm skoehm(ol anaheim. net Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). ITEM NO. 9 ZONING CODE AMENDMENT NO. 2011 -00095 Motion (DEV2011- 00006) Applicant: City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 Location: Citywide A City- initiated amendment to Chapter 18.62 Project Planner: (Administrative Reviews) of Title 18 of the Anaheim Tracy Sato Municipal Code, adding Reasonable Accommodation tsato(olanaheim.net procedures and making other minor clarifications to the Chapter. Environmental Determination: The proposed action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code. 01/31/11 Page 6 of 9 Adjourn to Monday, February 28, 2011 at 5:00 p.m. (The scheduled meeting of February 14, 2011 has been cancelled due to a lack of agenda items.) SIGNED: CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. (TIME) January 26, 2011 (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK 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. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Tentative Tract and Parcel Maps will be final 10 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. ANAHEIM CITY PLANNING COMMISSION 01/31/11 Page 7 of 9 The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765 -5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias publicas accesibles a todos los miembros del publico. La Ciudad prohibe la discriminacion por motivos de raza color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estaran disponible en formatos alternativos apropiados a las personas con una discapacidad, segun lo requiere la Seccion 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicacion del mismo. Cualquier persona que requiera una modificacion relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunion publica podra solicitar dicha modificacion, ayuda o servicio poniendose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por telefono al (714) 765 -5139, antes de las 10:00 de la manana un dia habil antes de la reunion programada. 01/31/11 Page 8 of 9 February 14 (Cancelled) February 28 March 14 March 28 April 11 April 25 May 9 May 23 June 6 June 20 July 6 (Wed) July 18 August 1 August 15 August 29 September 12 September 26 October 10 October 24 November 7 November 21 December 5 December 19 SCHEDULE 2011 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 DATE: FROM: SUBJECT: ITEM NO. 2 LOCATION: 1168 South State College Boulevard PLANNING COMMISSION REPORT JANUARY 31, 2011 PLANNING SERVICES MANAGER DAVE SEE, PROJECT PLANNER CONDITIONAL USE PERMIT NO. 2010-05537 VARIANCE NO. 2011-04843 REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00074 APPLICANT/PROPERTY OWNER: The applicant is Mike Ayaz representing the business owner, Juan Reynoso. The property owner is D&P, LLC. REQUEST: The applicant proposes to establish a nightclub in an existing commercial building, to include a Type 48 (Public Premise) ABC license, sale and consumption of alcoholic beverages, public dancing, cover charge, and live entertainment with less parking than required by Code. DISCUSSION: The Commission continued this item from its January 19, 2011 meeting at the applicant's request in order to resolve reciprocal parking issues with the adjacent property owner to the east. The applicant has submitted another request to continue this item to the February 28, 2011 Planning Commission meeting in order to allow additional time to resolve this issue. RECOMMENDATION: Staff recommends that this item be continued to the February 28, 2011 Planning Commission meeting in order to provide the applicant with additional time to address this issue. Respectfully submitted, Principal la Concurred by, Flantiing Se1ices Manager RM 4 FOURPLEX 1 RM-4 APTS 8 DU RM -4 FOURPLEX RM -4 FOURPLEX R -4 FOURPLEX 1 ATTACHMENT NO. 1 RS -2 SFR RM -4 SU CASAALMONT WOODS APTS 108 DU RETAIL 0 50 100 0 v Feet AUTO TRUCK PARTS RS -2 SFR RS -2 SFR TILE STORE CENTER POINT BUSINESS PARK TILE STORE 1- w RS -2 t3 SFR w RS -2 SFR C -G RETAIL RETAIL SERVICE STATION SERVICE STATION r N -RS -2- SFR C -G b SERVICE N STATION C -G SERVICE STATION C -G RETAIL -RS -2- SFR I189'� 1 RS -2 SFR 1 RS -2 SFR RS- SFR 1 RS -2 SFR RS -2 SFR E CLIFPARK WAY C -G BUSINESS COLLEGE C -G RESTAURANT E ALMONT AVE E BALL RD -RS-2 SFR RS -2 SFR 1 RM -4 APTS 8 DU 1 C -G RETAIL RM -4 FOURPLEX RM -4 WATERRIDGE APARTMENTS 220 DU C -G DEV 2010 -00177 RESTAURANT Subject Property DEV2010 00177 1168 South State College Boulevard APN: 253 212 -18 N E. BALL R61 N N E. CERRITOS AVE 11054 Subject Property DEV2010 -00177 1168 South State College Boulevard APN: 253 212 -18 N E. BALL RD, r s E. CERRITOS AVE 11054 David See Subject: From Mike Ayaz [mailto:mikeOrabiake.corn Sent: Wednesday, January 26, 2011 9:58 AM To: Jonathan Borrego Subject: RE: Xalos Jonathan: This shalt confirm our request to continue this matter to February 28, 2011. Thanks you. //Mike Ayaz Law Office of Rick A. Blake Xalos Continuance ATTACHMENT NO. 2 THIS IVIF.s,SSAGE is INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAWS. lf the reader of this message is not the intended recipient, or the employee or agent re for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, forwWing, or copying of this communication is strictly prohibited. U you have received this comfminicatioo in error, please notify the sender fl'irnediately by e-mail or teiephone, and delete the original message immediately. Than you. 1 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheirn Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www,anaheimmet City of Anaheim PLANNING DEPARTMENT DATE: FROM: SUBJECT: LOCATION: 2622 West La Palma Avenue JANUARY 31, 2011 PLANNING SERVICES MANAGER VANESSA NORWOOD, PROJECT PLANNER CONDITIONAL USE PERMIT NO. 3720A General Commercial General Commercial ITEM NO. 3 PLANNING COMMISSION REPORT APPLICANT/PROPERTY OWNER: The applicant is Shewaye Zeleke and the property owner is Hai Su Lee. REQUEST: The applicant proposes to upgrade an existing Type 41 beer and wine alcohol beverage control license to a Type 47 full service alcohol beverage control license for on-site consumption within an existing restaurant (Tana Ethiopian Restaurant). RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution determining that a Class 1, Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 3720A, BACKGROUND: The 0.7-acre property is developed with a commercial center and is zoned C-G (General Commercial). Project site and surrounding land uses include the following: Project Site North (across La Palma Avenue) Restaurant R.estaurant/Off e Uses Townhomes Retail General Commercial General Commercial General Pan Deal nation Commercial Neighborhood Center Office Low Commercial Neighborhood Cente Low Medium Density Residential Commercial Neighborhood Center CONDITIONAL USE PERMI NO. 3720A January 3|.2U|l Page 2 of 3 PROPOSAL: The applicant proposes to upgrade an existing beer and wine Iicense to allow the full sale of alcoholic beverages within an existing |,200 square foot restaurant. No physical changes are proposed to the building or site. The applicant has indicted that the restaurant has 8 full lunch and dinner menu. The applicant's current and proposed hours of operation are Tuesday through Sunday from |l a.m. to 10 p.m. ANALYSIS: Code requires a con tional use permit N8uthorize the sale of aicoholic beverages in a restaurant, including license upgrades, in order to ensure land use compatibility with the surrounding uses. The or ginal conditional use permit forLbe on-site consumption of beer and wine was approved in 1994 and this restaurant began operation in 2007. The applicartt desires to expand the types of alcoholic heverages served within their existing restaurant. No expansion to the existing restaurant is proposed; therefore, no additional parking is required as a result of this request. The Anaheim Police Department indicates that this property is located within Census Tract No. 868.01 which has a population of 3,114. This property is in Poiice Reporting CiStrict No. 1517 which has u below-average crime rate rateand the crime rate within a mile radius of this site is 3% below the citywide. There have been no calls for service to this location within the last year. This census tract aliows for four on-sa]e licenses and there are presently two on-sale license in the tract. This request would not increase the total numher of alcohol beverage control licenses iri the tract. The census tract also aliows for five off-sale licenses and there are presently six in the tract. The Police Department does not oppose this Te4uoVi, subject to the recornmended conditions of approval. There are no outstanding Code Enforcement violations associated with the subject property. Staff conducted an iflSI)eCtiofl of the property and found it well rnaintained, CONCLUSION: The request to upgrade an existing Type 41 beer and wine alcohol heverage control Iicense to a Type 47 full service alcohol beverage control license for on- site consumption within an existing restaurant is consistent with the operational characteristics of the commercial center and is not anticipated to result in any adverse inopuc\s to the surrounding community. Since opening in 2007, the business has not had a detrimental impact upon the surrounding area. Therefore, staif recornmends approval of this request subject to recommended conditions of approval contained in the attached draft resolution. Respectfully submitted, Concurred by, Principal Planner Planning Se vices Manager CONDITIONAL USE PERMIT NO. 3720A January 31, 2011 Page 3 of 3 Attachments: 1 Aerial and Vicinity Maps 2. Draft Resolution 3. Letter of Operation The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall or on the City of Anaheim's web site at www,nnahei in in 4. Site Photographs 5. Plans (Site and Floor Plans) ATTACHMENT NO. 1 C -G :STAURANT West Anaheim Commercial Corridors Redevelopment INDUSTRIAL C -G RESTAURANT BUENA PARK CITY LIMITS ANAHEIM CITY LIMITS RS -2 0 50 1000 O Feet SFR W GREENBRIER AVE RS -2 SFR RS -2 SFR C/R C -G RESTAURANT C -G DEV 2010 -00183 RETAIL C -G RETAIL cc J Y U Lu 40 DU Z Q LLI Q CONDOMINIUMS RS -2 SFR RS 2 SFR West Anaheim Commercial Corridors Redevelopment Area C IG OFFICES C -G OFFICES s RS -2 SFR C -G RESTAURANT WLAPALMAAVE 1 i 1 1�130'�}�298' C -G SERVICE STATION C -G as RETAIL 1 C -G c- II RETAIL Q to 0 0 o U RS -2 SFR 1 SERVICE C -G STATION SERVICE STATION West Anaheim Commercial Cor•idor +ReTpment Area C -G RESTAURANT C -G RESTAURANT RS_2 SFR RETAIL I'ArP L M'A MEDICAL OFFICE RM -4 MAGNOLIA APARTMENTS 100 DU RS -2 SFR RS -2 SFR i W GREENBRIER AVE a CC w 0 z x z r 1 Subject Property DEV2010 00183 2622 West La Palma Avenue APN: 070 191 -23 .CRESCENT AVE p W CRESCENT AVE J W CA PANA AVE 11062 ANAHEIM CITY LIMITS 1:1111 9III1l1It Subject Property DEV2010 -00183 2622 West La Palma Avenue APN: 070 191 -23 CRESCENT AVE .-1 I W CRESCENTAVE 1110 LA PALMA AVE J„ 11062 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1, CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 3720A (DEV2010- 00183) (2622 WEST LA PALMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 3720A, upgrade an existing Type 41 alcoholic beverages alcohol beverage control license to a Type 47 General Eating Place alcohol beverage control license with full service of alcoholic beverages for on -site consumption within an existing restaurant in an existing commercial center proposed for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference. WHEREAS, this property is developed with commercial building located in the Commercial General (CG) zone and the Anaheim General Plan designates the property for Neighborhood Center Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 31, 2011, 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 the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a conditional use permit, does find and determine the following facts: WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The request to permit the sales of alcoholic beverages for on- premises consumption within an existing restaurant in the C -G (General Commercial) Zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Conditionally Permitted Uses) of the Zoning Code. 2. The request to upgrade an existing Type 41 alcoholic beverages alcohol beverage control license to a Type 47 General Eating Place alcohol beverage control license with full service of alcoholic beverages for on -site consumption within an existing restaurant would not adversely affect the surrounding land uses and the growth and development of the area in which 1 PC2010 it is proposed to be located because the property is currently developed with a commercial shopping center and the proposed use is compatible with the surrounding area. 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the property is currently improved with a commercial center with no proposed expansion. 4. The traffic generated by permitting the sales of alcoholic beverages for on- premises consumption within an 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 number of vehicles entering and exiting the site are consistent with existing restaurant and permitted businesses within the commercial center. 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. 6. 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 proposed project falls within the definition of Categorical Exemptions, Class 1 ((Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 3720A subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement 2 PC2011 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 31, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 31, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 31 day of January, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 EXHIBIT "A" t DEV2010 -00183 APN: 070 191 -23 o so 100 Feet W FELICIDAD CIR N 130 130' W LA PALMA AVE 2 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11062 -4 PC2011 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 At all times when the premises 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 2 The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. Police 3 The sale of alcoholic beverages for off premises consumption shall be prohibited. Police 4 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 5 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police 6 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 7 There shall be no admission fee, cover charge, nor minimum purchase of alcoholic beverages required. Police EXHIBIT `B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 3720A (DEV2010- 00183) -5 PC2011 8 The parking lot 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. Code Enforcement 9 All doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress /egress, deliveries and in cases of emergency. Fire 10 Solid waste storage and collection, and recycling shall be in compliance with plans approved by the Public Works, Streets and Sanitation Division. Public Works, Streets and Sanitation/ Operations 11 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 marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). Planning 6 PC2011 euC 0 6 e H-oc c)1 n- t-46 C 5 siQa Am-t-o LiJOuL W)7- k kAl 01 C C 0145, p Rd kl A IA E )(rY E-P 't de ct K 1 PCD LA, LT Ttlia C)6D, ATTACHMENT NO. 3 CCU CTC I-1-U uki th Nit. 1 1 1 t- TLA (2E- ar A 1 4) f--060 tr\J ORPrid aLih_cry Tt—h s 7.ft 7 0 (a.e-Bg49-1- f rRov(LD1.4c L 0 C op It) 0 LA) TAA-- M C.4 1 4ct -tA C.. U1/41 JiC 7t) tiv y LJi S{ Seal 1 Am 19-t P iC,PM 1°(‘P MEETING DATE: ITEM NO.: 3 -0c To Knott's ITEM NO.: 3 e r _a_i 0 0 1 Pole Light Pole Light MOM LA PALMA AVENUE 0 0 0 0 Pole Sign 2100 s.f. 1680 s.f. 2622 2624 2626 840s1 2626 2630 2632-34 900 To Magnolia MEETING DATE: 3 /1 2618 2620 N A ATTACHMENT NO.: 5 Kitchen areas approx. 468 a.f. (39%) Dining area approx. 432 s.f. (36%) Auxiliary areas approx 300 s.f. (25%) LA PALMA PLAZA 2622 West La Palma Anaheim CA 92801 Kitcittn/strvice area- '.171 s.f. Dining area '.432 $.f. Man's RR 7'x7.6' Urinal 8 7' x 12' retail area 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: FROM: SUBJECT: LOCATION: 2660 West La Palma Avenue APPLICANT/PROPERTY OWNER: The applicant is Jovan Rangel and the property owner is KOK Investment. REQUEST: The applicant proposes a banquet facility with alcohol service and fewer parking spaces than required by code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2010-05535 and Variance No. 2010-04840. BACKGROUND: This 2-acre property is developed with a 3 unit commercial retail center. Project site and surrounding land uses include the following: Direction Project Site North (across La Palma Avenue) East West (City of Buena Park) South JANUARY 31, 2011 PLANNING SERVICES MANAGER DAVE SEE, PROJECT PLANNER CONDITIONAL USE PERMIT NO. 2010-05535 AND VARIANCE NO. 2010-04840 Existing Use Commercial building (3-unit Retail Center) Restaurant Commercial building (Retail Center) Retail Center PLANNING COMMISSION REPORT Zoning C-G C-G C-G Apartments RM-4 ITEM NO, 4 General Plan Designation Commercial Neighborhood Center Office Low Commercial Neighborhood Center Low Medium Density Residential CONDITIONAL EJSE PERMIT NO. 2010-05535 AND VARIANCE NO. 2010-04840 January 31, 2011 Page 2 of 3 PROPOSAL: The applicant proposes to occupy a 5,940 square foot tenant space for use as a banquet facility. The banquet facility would be available for private events, such as wedding receptions and corporate events. In addition to catered food, the applicant proposes to provide alcohol as part of the overall event package, when requested. No exterior building modifications or parking lot improvements are proposed in conjunction with this request. The banquet hall would be located in the westerly tenant space of a 3-unit, 20,169 square foot commercial building. The proposed floor plan includes a dressing room, two restroorns, elevated music stage, service table, and assembly area for up to 240 guests. Proposed hours of operation are Friday through Sunday from 4:00 p.m. to 11:45 p.m. The hall would be open during the week for viewings by potential clients on an appointment-only basis. ANALYSIS: Code permits a banquet facility, including consumption of alcoholic beverages, in the General Commercial zone subject to the approval of a conditional use permit in order to determine compatibility with surrounding land uses. A Determination of Public Convenience or Necessity is not required for this use because the alcohol component of the request falls under a Type 58 ABC license for catering services. The Police Department has evaluated and does not oppose the request subject to the recommended conditions of approval. The project complies with all applicable development standards with the exception of the requested number of parking spaces. Parking: A total of 252 parking spaces are required for the retail center and proposed banquet hall and there are 124 existing spaces existing on-site. This required number of parking spaces is based on the following uses: Use Banquet Hall Lenscrafters Store edical Office Total Days/Hours of Operation Fri—Sun 4:00 p.m. to 11:45 p.m. Mon-Fri 9:00 a.m. to 7:00 p.m. Sat 9:00 a.m. to 6:00 p.m. Close 1Sun Mon-Fri 9:00 a.m. to 6:00 p.m. Sat 9:00 a.m. to 12:00 p.m. Closed Sun Floor Area 5,940 s.f. 9,823 s.f. 4,406 s.f. Parking Ratio 29/1,000 s.f. Code Required No. of Parking Spaces 172 20,169 s.f. 252 CONDITIONAL USE PER T NO. 2010-05535 AND VARIANCE NO. 2010-04840 January ]l.28D Page 3 of 3 A parking study was prepared by K2 Traffic Eiigineering, Inc, dated January 25, 2011, to determine the number of parking spaces necessary to support the proposed banquet facility and existing uses. The parking study concluded tliat the existing riumber of parking spaces was sufficient as a maximum deinand of 107 parking spaces would he needed for al! existing and proposed uses and a total of 124 spaces currently exist on site. This is based on an analysis of two similarly-operated banquet facilities within the City of Anaheim. The study also notes that peak use of the banquet facility would typically occur during evening and weekend hours when the retail and office businesses in the center are closed. The parking study assumes a maximum attendance of 240 guests. The p jected maximum parking demand for the banquet facility itself is 86 spaces, or 0.36 spaces per guest. According to the study, the maximum demand for parking would occur 6:00 p.m. on Friday evenings when a total of 107 spaces would he occupied. The study estimates that 2 [parking spaces would be needed for the existing office and retail uses at that time and 86 spaces would be needed for the banquet facility. Based on the conclusions contained in the parking study, staff recommends approval of the parking variance. CONCLUSION: This reques with all development standards in the C-G zone, with the exception Oftbooequoatedo8ddngvmi8nCe. This use would be compatible with adjacent land uses in the area because all banquet facility activities are conducted indoors and the facility wili operate during the times when rnost of the other uses in the center are closed. Staff believes that with the proposed conditions of approval, the use would not be detrimental to the area. Therefore, staff recommends approval of this conditional use permit and variance request. Respectfully submitted, Principal Planner Attachments: 1. Vicinity and Aeria Maps 2. Draft Resolution 3. Letter of Operation 4. Police Department Memorandum Convurred by, Planning Sprvices Manager The following attachments were provided to the Pianning Commission and are avaiiab]e for public review at the Planning Services Division at City Hall or on the City of Anaheim's web site at ng(undcr[)ocooueutD0wol0udb,SeleciF1unningCOnmoxui0o Agenda and select staff report for Item No. 4) 5. Parking Study 6. Site Photographs 7. Site and Floor Plans ATTACHMENT NO. 1 INDUSTRIAL INDUSTRIAL 0 50 ioo 0 Feet C -G RESTAURANT RS -2 SFR RS -2 SFR C -G RESTAURANT West A naheim Commercial Corridors Redevelopment'Area W LA PALMA AVE BUENA PARK CITY LIMITS ANAHEIM ..7 1 HEIM CITY LIMITS RS -2 RS -2 RS -2 SFR SFR SFR W GREENBRIER AVE RS -2 SFR RS-2 SFR I 1 RS -2 SFR West Anaheim Commercial Corridors Redevel pment Area C -G OFFICES C -G RESTAURANT 246' C -G DEV 2010 -00175 RETAIL RS -2 SFR RS -2 SFR RS -2 SFR C -G RETAIL RM -4 CONDOMINIUMS 40 DU W FELICIDAD CIR f RM -4 CONDOMINIUMS 40 DU C -G OFFICES H U J W LL z C -G RESTAURANT C -G RETAIL C -G RETAIL RS -2 SFR RS -2 SFR C -G SERVICE STATION C -G SERVICE STATION oar E ms a� _c 0 0 as E c a U 0 O r E 0 0 Ucc i RS -2 SFR RS-2 SFR SERVICE STATION RS -2 SFR RETAIL IA P)\L'MPA MEDICAL OFFICE C -G RESTAURANT C -G RESTAURANT RM -4 MAGNOLIA APARTMENTS 100 DU W GREENBRIER AVE Subject Property DEV2010 -00175 2660 West La Palma Avenue APN: 070 191 -22 CRESCENT AVE W CRESCENT AVE 11058 W LA PALMA AVE GREENBRIER AVE Subject Property DEV2010 -00175 2660 West La Palma Avenue APN: 070 191 -22 CRESCENT AVE W CRESCENT AVE 11058 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05535 AND VARIANCE NO. 2010 -04840 (DEV2010- 00175) (2660 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission did receive a verified Petition to approve Conditional Use Permit No. 2010 -05535 and Variance No. 2010 -04840 to establish a banquet facility with alcohol service with less parking than required by Code; and WHEREAS, this 2 -acre property is developed with a 20,169 square foot commercial retail building. The property is located in the C -G (General Commercial) zone and the Anaheim General Plan designates the property for Neighborhood Center land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 31, 2011, 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 the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed tentative parcel map and conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 to establish a banquet facility with alcohol service with less parking than required by Code should be approved for the following reasons: 1. The proposed request to establish a banquet facility with alcohol service in the General Commercial (C -G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.010 (Community and Religious Assembly). 2. The proposed the conditional use permit to establish a banquet facility in an existing commercial 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 building is surrounded by and integrated with similar buildings and uses; and the peak hours of the proposed banquet facility will occur while the adjacent businesses will be closed. 1 PC2011 3. The size and shape of the site for the use is adequate to allow the full development of proposed banquet facility in a manner not detrimental to the particular area or to the health and safety because the proposed banquet facility will be located within an existing commercial building and is surrounded by compatible commercial uses. 4. The traffic generated by the proposed banquet facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will occur after the highest peak afternoon hours on the adjacent highways. 5. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed banquet facility will be compatible with the surrounding area because the use is integrated with other uses on the property 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 Code in conjunction with a banquet facility should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (252 spaces required for the entire commercial center; 124 spaces proposed). 1. The requested variance is hereby approved based upon the findings and conclusions contained in a parking demand study prepared by K2 Traffic Engineering, Inc. dated December 23, 2010, to determine the number of parking spaces necessary for the proposed banquet facility. The study concludes that the existing number of parking spaces was sufficient as 107 spaces would be needed for all existing and proposed uses, including the new banquet facility. The study also concludes that banquet events would occur primarily during evening and weekend hours when the other businesses in the center were not open. 2. The variance will not increase traffic congestion since all parking will be contained on the subject property. Further, the project does not propose new ingress or egress points and is 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 banquet facility. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. 2 PC2011 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05535 and Variance No. 2010 -04840 and subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 31, 2011. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 31, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 31 day of January, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2011 EXHIBIT "A" DEV2010 -00175 APN: 070- 191 -22 1 H U I LIEL W GREENBRIER AVE o 50 100 1 v Feet 246' 376' W LA PALMA AVE 130' W FFLICIDAD CIR i Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11058 5 PC2011 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The business shall be equipped with an alarm system (silent or audible). Police 2 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for permits. Public Works, Streets and Sanitation Division 3 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police 4 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 5 The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Police GENERAL CONDITIONS 6 The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. Police/ Code Enforcement 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 creating by patrons entering or leaving the premises. Police EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2010-05535 AND VARIANCE NO. 2010 -04840 (DEV2010- 00175) -6 PC2011 8 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code (Section 4.16.070 of the AMC). Police 9 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. Police 10 The owner shall provide security personnel in the parking lots and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by adjacent residents. Police/ Code Enforcement 11 Trash pickup at the premises shall be made no earlier than 7 a.m. and no later than 10 p.m. Code Enforcement 12 Trash from the banquet facility shall not be emptied into the outside trash containers between the hours of 10 p.m. to 7 a.m., daily. Code Enforcement 13 There shall be no public telephones on the premises located outside the building. Code Enforcement 14 Any tree and /or landscaping planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. Code Enforcement 15 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. Police 16 The number of persons attending the event shall not exceed 240 persons. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. Fire, Code Enforcement 17 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises without issuance of proper permits as required by the Anaheim Municipal Code. Code Enforcement -7 PC2011 18 There shall be no amplified music permitted outside of the building. Police 19 The use of all pyrotechnical material, special effects and fireworks shall be permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. Fire 20 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 21 No outdoor activities involving gathering of persons shall be permitted on -site. Code Enforcement 22 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within two business days of being applied. Code Enforcement 23 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 marked Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning 8 PC2011 ATTACHMENT NO. 3 CITY OF ANAHEIM ENVIRONMENTAUPROJECT INFORMATION FORM 4. Project Description: There will be no improvements and /or changes to the surrounding site environment. All tenant improvements will be made within the unit itself (the unit is currently setup as an `anime' film distribution storefront office). It will be converted to a family banquet facility by tearing down five (5) non -load bearing walls to open up the space. The remaining improvements will be superficial (i.e. new carpeting, paint). 7. Provide a description of the existing site's use and structures: One (1), three (3) unit commercially zoned structure (19,800 square feet). Of those three units, two are currently occupied: one by a LensCrafters eye care specialist store, the second by a Friend's Medical health clinic. Lorena's Banquets intends to occupy the third and final 5,940 square foot vacant unit in the shopping center. PROJECT NAME: Lorena's Banquets II PROJECT ADDRESS: 2660 W. La Palma Ave. 11 PREPARER: Jovan Rangel 11 CONTACT: (714) 767 -2428 November 3, 2010 To Whom It May Concern: CITY OF ANAHEIM JUSTIFICATION FOR CONDITIONAL_ USE PERMIT I, Gerardo Rangel of Lorene's Banquets and Catering, seek approval from the City of Anaheim for the granting of a Conditional Use Permit (CUP) for the commercial business purposes of a family banquet facility at 2660 West La Palma. The business will primarily serve the interests of local families seeking to host weddings and other like cultural religious ceremonies. (A) The proposed business use will not affect the adjoining land use, growth and or development as the hours of operation will, to a significant degree, not overlap with that of adjacent businesses as is, only two businesses currently occupy the center (with the maximum occupancy of three): Medical Clinic: M -F 9am -6pm Sat 9am -12pm Sun Closed Lens Crafter: M -F 9am -7pm Sat 9am -6pm Sun Closed The banquet facility will host its events only on the weekends (Friday, Saturday and Sunday) with a start time of 4pm (with guest peak hours typically occurring around 6pm). Depending on the client, a given event can last until 11:45pm, but no one single event shall ever exceed said hour. During the weekdays the space will be used only for demonstration purposes and contract negotiation (on appointment). It must also be noted that it is unusual to host events back -to- back -to -back (Friday- Sunday); and in some cases weekends can go entirely unbooked. [Exact hours of operation listed below] Lorena's Banquets: M -Th On Appointment F -Sat 4pm- 11:45pm 4pm-lOpm Sun Additionally no changes will be made whatsoever to the exterior environment (of both the business building itself and adjacent land). All of the patrons remain within the confines of the business. (B -C) The site has a total of 1-3'7 spots and as aforementioned the hours of shared use [with adjacent business] will be at a significant minimum: 3 hours on Fridays 2 hours on Saturdays No overlap on Sundays PROJECT NAME: Lorena's Banquets II PROJECT ADDRESS: 2660 W. La Palma Ave, 11 PREPARER: Jovan Rangel II CONTACT: (714) 767 -2428 November 0, 2010 With peak hours of use starting after adjacent business hours of operation typically 7 -10pm. Moreover, the proposed use will not impose an undue burden upon nearby roads, as the site is conveniently located next to the 91 and 5 freeways. (D) At approximately 5,940 square feet the retail space is large enough to safely accommodate a mid -size family event [see attached `Floor Plan']. Hired security staff (certified and registered with the city) will be on site during the entirety of events both inside and outside of the complex; co- monitoring capacity, overall guest safety as well as assisting in directing traffic. Lorena's Banquets intends to apply for a type 45 beer and wine license. If said license is approved, all alcohol sales shall be detailed responsibility (exact amount purchased) prior to event date (between Lorena's Banquet's management and client). Additionally, alcohol consumption shall be both handled and monitored by state certified staff having completed LEAD (License Education on Alcohol and Drugs) training with the state of California. PROJECT NAME: Lorena's Banquets II PROJECT ADDRESS: 2660 W. La Palma Ave. II PREPARER: Jovan Rangel II CONTACT; (714) 767 -2428 November 3, 2010 City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: David See /Planning Department Case No.: Date: Department: Contact: DEV 2010 00175 /CUP 2010 -05535 Lorena's Banquets 11 2660 W. La Palma Ave. November 22, 2010 Police Department, Vice Detail /Special Operations Division Name: S.P.S.R. Michele Irwin Phone: 714 765 -1461 Email: mmirwin @anaheim.net There have been no calls for service to this location in the last year. ATTACHMENT NO. 4 I have reviewed the above case and the Police Department does not oppose the applicant's request. Please see the following comments and conditions for more details: COMMENTS: Public Convenience and Necessity Information: The Police Department has received an I.D.C. Route Sheet for DEV 2010 00175, The applicant is requesting to establish a new banquet facility within an existing 3 unit commercial building. The location is in Census Tract Number 868.01 which has a population of 3,114. This population allows for 4 on sale Alcoholic Beverage Control licenses and there are presently 2 licenses in the tract. It also allows for 5 off sale licenses and there are presently 6 licenses in the tract. This location falls within Reporting District 1517 which is below the City average in crime. It is 3% below average for the 1/4 mile crime radius in calls for service. General Development Standards and Fees (the following standard development requirements are being provided to assist with project planning): 1. Managers Owners will need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The contact number is 714 558 -4101. RECOMMENDED CONDITIONS OF APPROVAL: This location backs up to a residential area; therefore we want the applicant to adhere to the hours of operation listed in their business plan. The applicant stated they would have events Friday and Saturday, from 4 p.m. to midnight, and Sunday, 4 p.m. to 10 p.m. The back door must remain closed at all times except when the business is receiving deliveries and times of emergency. If patrons need to smoke it must be to the front of the business so as not to bother the residents to the rear. No. Timing Condition Responsible Department I. The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code) Police Department 2. 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 3. Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) Police Department 4. Petitioner(s) shall not require an admission charge or a cover charge, nor shall there be a requirement to purchase a minimum number of drinks. Police Department 5. The operation of any business under this permit shall not be in violation of any provision of the Anaheim Municipal Code, State or County ordinance. (Section 4.16.100.010 Anaheim Municipal Code) Police Department 6. The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 7. The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code) Police Department 8. The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code) Police Department 9, The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. (Section 4.16.100.010 A.M.C.) Police Department This location will be using a caterer's permit to bring in any alcohol and therefore not affecting the Census Tract totals for alcohol. The Police Department requests the following conditions be placed on the Conditional Use Permit: 10. All employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code Police Department 11. No minor under the age of sixteen (16) years shall be allowed to attend the dance, unless accompanied by a parent or guardian. (Section 4.16.060.010 Anaheim Municipal Code) Police Department 12. 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 13. The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim Municipal Code) Police Department 14. Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. (Section 4.16.100.010 Anaheim Municipal Code) Police Department 15. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 16. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police Department Concur: e of Chief of Police C flhomelmmirwin12010 -00175 DEV 2660 W. La Palma Lorena's Banquets doc Dear Jovan, K2 TRAFFIC ENGINEERING, Inc. Taal Guntrul Signal SynClarunixatiuu t✓arlung Study January 25, 2011 (Revised) Jovan Rangel Lorena's Banquet 2660 W. La Palma Ave Anaheim, CA 92801 Re: Shared Parking Study Lorena's Banquet, Anaheim Per your request, we have conducted a shared parking study for the proposed Lorena's Banquet at Anaheim. This letter presents our methodology, finding, and recommendation in regards to the sufficiency of parking for the proposed business. PROJECT INFORMATION ATTACHMENT NO. 5 Lorena's Banquet is seeking approval from the City of Anaheim for its proposed 5,940- sq.ft. banquet and reception business at 2660 W. La Palma Ave. The banquet facility will host events on weekends only (Friday, Saturday and Sunday) between 4:00 P.M. and 11:00 P.M. on Friday through Sunday. EXISTING CONDITIONS The proposed facility situates in a commercial building at 2654 to 2660 W. La Palma Ave in the City of Anaheim. The subject unit is currently vacant and there are two existing tenants in the building: Lens Crafter and Friends Medical Clinic, as shown in Appendix A. Parking spaces are shared by all tenants and their customers. This study has counted for a capacity of 124 parking spaces, as shown in Exhibit 1. K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic @gmail.com Lorena's Banquet Parking Requirements Land Use Community Religious Assembly Gross Floor Area 5,940 sq.ft. Parking Ratio Municipal Codes Per 29 space 1,000 sq.ft. gross floor area Parking Demand 172 spaces Shared Parking Study January 25, 2011 Lorena's Banquet, Anaheim Page 2 of 5 PARKING REQUIREMENTS Parking requirement for banquet facilities has not been defined in the Municipal Codes of the City of Anaheim. City planner has suggested using the ratio of "Community Religious Assembly" for the purpose of parking calculation. The requirements are as follows: 0.333 space per fixed seat, or 29 spaces per 1,000 square feet of GFA, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use, plus, if a kitchen facility is provided, 0.02 space per person for the maximum capacity figure of the assembly area determined by the City Fire Department; if other types of ancillary uses other than a Sunday school are included, a parking demand study may be required. Table 1. Parking Requirements Applying the requirements for "Community Religious Assembly this 5,940 sq.ft. facility with no office and kitchen would require 172 parking spaces. This number of parking appears much higher than the experience value of the project owner in many years of banquet practices. Therefore, a comparable site study is necessary to study actual parking demand of similar uses. COMPARABLE SITE STUDY To better understand the actual parking demand for banquet facilities, the study conducted surveys at two comparable sites as shown in Table 2. These facilities K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic @gmail.com Business Name Address Event Capacity (Guest) Peak Parking Count Parking Ratio Per 100 Guests Floor Area 1125 N. Magnolia, 5,760 Bombay Banquet Anaheim, CA 92804 300 106 35.3 S.F. Mon Cheri 3150 W. Lincoln Ave, Ste 9,200 Banquet 134, Anaheim, CA 92804 400 145 36.3 S.F. AVERAGE 36 Shared Parking Study Lorena's Banquet, Anaheim Table 2. Comparable Banquet Parking January 25, 2011 Page 3 of 5 have scheduled weekend events, mostly on Saturdays. They provide similar large banquet rooms for wedding, company dinner, and private party, with the exception that proposed Lorena's Banquet does not have a kitchen facility on site as it plans to cater food from a nearby kitchen facility. The study surveyed parked vehicles at either parking lot between 4:00 P.M. and 8:00 P.M. on Saturday, December 11, 2010. The study found that banquet facilities have similar peak parking ratio that average 36 parking spaces per 100 guests, and equivalent to 0.36 space per dining seat. The sizes of the banquet facilities are not part of the calculation as some of the events did not use the entire room capacity. Complete survey data are shown in Appendix A. HOURLY PARKING DEMAND According the floor plan, Lorena's Banquet can accommodate up to 24 tables for 240 guests. Based on the parking ratio of comparable site, 36 parking spaces per 100 guests or 0.36 space per dining seat, the banquet facility requires 86 parking spaces. K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic @gmail.com Time Period Parking Demand Percentage to Facility's Capacity 4:00 P.M. to 4:30 P.M. 17 spaces 20% 5:00 P.M. to 5:30 P.M. 43 spaces 50% 6:00 P.M. and later 86 spaces 100% Shared Parking Study Lorena 's Banquet, Anaheim January 25, 2011 Page 4 of 5 Banquets and receptions normally start at 6:00 P.M. or later. A number of preparation crews may arrive a few hours in advance. This study suggested the following hourly variance of parking requirements: Table 2. Hourly Parking Demand SHARED PARKING ANALYSIS The study has conducted a field survey to observe current parking usage at the proposed banquet site at 2660 W. La Palma Ave. Parked vehicles were counted at the parking lot every 30 minutes between 4:00 P.M. and 8:00 P.M. on Friday, December 18, 2010 and Saturday December 19, 2010. Our observation found that more parking spaces are available on Saturday as one of the existing tenants, Friends Medical Clinic, is closed by noon. Actual parking reached its peak on Friday at 5:00 P.M. when 35 parking spaces were occupied. Parking usage decreased consistently after 5:00 P.M. Complete survey data can be found in Appendix C. (at 5:00 P.M. Friday, project parking demand is 43 parking spaces; combined demand is 78 parking spaces) Exhibit 3 illustrates parking usages of existing tenants and the proposed Lorena's Banquet. At 6:00 P.M. Friday, the combined demand reaches 107 parking spaces, including 21 parking spaces by existing tenants and 86 parking spaces by the proposed Lorena's Banquet. The parking lot has a capacity of 124 parking spaces, sufficient to accommodate the parking demand. Parking demands of each hour are shown in Appendix C. K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic @gmail.com Shared Parking Study January 25, 2011 Lorena's Banquet, Anaheim Page 5 of 5 SUMMARY Our field survey indicates that the maximum parking demand occurs at 6:00 P.M. on Friday when 107 parking spaces are needed for all uses, including existing tenants and the proposed business. The parking capacity of 124 parking spaces exceeds the combined demand of 107 parking spaces. Existing parking facilities should sufficiently accommodate the parking demand of the proposed Lorena's Banquet. Regards, K2 Traffic Engineering, Inc. Jende Kay Hsu, T.E. California Licensed TR2285 (Exhibit 1, 2, 3, Appendix A, B, C) No. T2285 Exp_ 30 12 T AR F FIG K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714- 832 -2116 F.949- 266 -5875 Email: k2traffic @gmail.com EXHIBIT 1. SITE PLAN Barr TITLE tr-Or (ft. 10 71 Per REVIEWED AND APPROVED Sir Ptar, Nor cm Sr e1 tin y mop RIX OM DOCReTON L 29' 40e-2• L 28' L g a 3 .a.§ —a H-H 51-74 W. La Palma A. auihllg Lorena's Banguet 2654 W, La Palma Ave, Anaheim, CA 92801 AAC Drafting Services Contact Name Al A. Cadena 2 6. Nabrasaa, Lake ElSrnve, Calllorma 714-44?'-6907 a 8ft E 30ft 0 0 0 0 G 0 O C O 0 O C F it fl 10 It 54 FT 24 ft N 2411 20 ft G 00 0 Q DQ 0 o•o 000 o 6 O O O 7 ft11 II 411 open (A) 39 ft 1 C Bft L J 2112 le 1 1 10 ft 14ft 1 0 110 FT Lorena's Banquets Catering 2660 W La Palma Avenue G PROJECT: BANQUET FACILITY DWG: FLOOR PLANS SCALE: IIN 4FT PREPARER: JOVAN RANGEL CONTACT: (714) 767 2428 19350 HIGH WATER WAY CORONA, CA 92881 K EXHIBIT 2. FLOOR PLAN EY A ENTRANCE B EMERGENCY EAT C RECEPTION 0 TABLES Oft x 3018 Seats Per) E TABLE OF HWIOR (Elevated Platform 11t High) F DRESSING ROOM G MUSIC STAGE (Elevated Platform 2.5ft High) H DANCE FLOOR 1 SERVICE AREA rI SERVICE TABLE K LOADING GATE L MEN'S RESTROOM (3 Urinals 1 2 Stalls 1 1 Handicapp) M WOMEN'S RESTROOM (3 Stalls 1 Handiicapp) (N) NEW WALL 1ROOM cti U as as as 'cv E Q 0_ as O O O N 0 N O N O O O O O co co e6esn 6uijaed O N Wd 00:2 Wd 0£:L b 00:L Wd 0£:9 d Wd 00:9 ,E 1- Wd 0£:S Wd 00 :9 Wd 0£:17 Wd 00:17 O C 0 0 co as as css LO 2 z Lf) N 4) 7 CT CO m E 0 m co as O Lf) N C 4) 7 CT CO m 0 0 2 le; 01 V L,I Z8 1,7 I LZ 98 ZZ I LZ i7• Cl. oL rn 9C 68 4 1' V) V) LO V! r r r V) CC lo N N N 14) 9Z LL ncs 17• LZ 01. LL LZ 91. lo 1.0 CO CO CO CO 14) 17• eas 4:30 PM 5:00 PM 5:30 PM W d 00:9 6:30 PM 7:00 PM 7:30 PM 8:00 PM Peak Demand Space Available at Peak Demand o0 :1 I 0) c 0 APPENDIX B. PARKING SURVEY Total I I 17Z I '4 I Z� I '4 '4 0H- !r 9£ N N N N 0 0 O O O N 9£ I-£ O O O N 6 cv 9£ cc) v co v co r r r co 0£ 61, LO CO Cr) Cr) Cr) Cr) '4 eaiv Total Space Wd 00:17 I 4:30 PM 5:00 PM 5:30 PM Wd 00:9 I 6:30 PM 7:00 PM 7:30 PM 8:00 PM Peak Demand Space Available at Peak Demand 0 0) Q 4—, m 0 O cu o Q c rn c U 3 c C MI Q m C E m L 0 O (0 J J ti O tG a N APPENDIX B. PARKING SURVEY APPENDIX C. PARKING DEMAND P6076 Lorena's Banquet and Catering Parking 2660 W. La Palma Ave, Anaheim, CA 92801 Existing Tenant Project Demand Existing Tenant Project Demand Unused Space CAPACITY 124 4:00 PM 32 17 49 75 4:30 PM 27 17 44 80 5:00 PM 35 43 78 46 5:30 PM 22 43 65 59 6:00 PM 21 86 107 17 6:30 PM 14 86 100 24 7:00 PM 13 86 99 25 7:30 PM 10 86 96 28 8:00 PM 9 86 95 29 APPENDIX C. PARKING DEMAND P6076 Lorena's Banquet and Catering Parking 2660 W. La Palma Ave, Anaheim, CA 92801 Aerial ATTACHMENT NO. 6 CITY OF ANAHEIM Conditional Use Permit Application 2660 W. La Palma Avenue (Photos) PROJECT NAME: Lorena's Banquets II PROJECT ADDRESS: 2660 W. La Palma Ave. II PREPARER: Jovan Rangel II CONTACT: (714) 767 -2428 November 3, 2010 Front Lot [facing west] [facing south] [facing east] PROJECT NAME: Lorena's Banquets II PROJECT ADDRESS: 2660 W. La Palma Ave. II PREPARER: Jovan Rangel II CONTACT: (714) 767 -2428 November 3, 2010 Back Lot (A) [westside alleyway rearview] [facing east] PROJECT NAME: Lorena's Banquets II PROJECT ADDRESS: 2660 W. La Palma Ave. 11 PREPARER: Jovan Rangel II CONTACT: (714) 767 -2428 November 3, 2010 Back Lot (B) [eastside alleyway rearview] s U Vawi�raf`sr e Sf� 111111 ‘11 yard I PROJECT NAME: Lorena's Banquets II PROJECT ADDRESS: 2660 W. La Palma Ave. II PREPARER: Jovan Rangel II CONTACT: (714) 767 2428 November 3, 2010 West Side Alleyway westside alleyway entrance] East Side Alleyway [eastside alleyway entrance] PROJECT NAME: Lorena's Banquets II PROJECT ADDRESS: 2660 W. La Palma Ave. II PREPARER: Jovan Rangel 11 CONTACT: (714) 767 -2428 November 3, 2010 Surrounding Property (East) [facing south] PROJECT NAME: Lorena's Banquets II PROJECT ADDRESS: 2660 W. La Palma Ave. II PREPARER: Jovan Rangel 11 CONTACT: (714) 767 -2428 November 3, 2010 Surrounding Property (West) [facing southwest vacant lot] [westside aerial] PROJECT NAME: Lorena's Banquets II PROJECT ADDRESS: 2660 W. La Palma Ave. II PREPARER: Jovan Rangel II CONTACT: (714) 767 -2428 November 3, 2010 1 This appears to be a building, but there in fact exists NO structure of any kind completely group dlevei ßÌÌßÝØÓÛÒÌ ÒÑò é Vacant Lot cc LLI 8 Exist. =i Exi-sting C.7.8tn. Exist Fire Hydrant Pla A-ea i 9 xist arking Existing La Palma Ave. Street AKe Exist. I-i-e Hydrant Pubtic Sd wt4 4- JI P 246,00' Exit. Public Sdvali-4. 0 44 Unclergrourid Spac4 ExiS#. 4,0 re.tr _and irg 1 4 st P Spaces =XISt LI Exiet Drivo Exist_ Dnya E ntry •keVa ItvA.Ay• Exist. Conors. andin Exict. Drive e 17E Elect_ Exi Planter Exist. Planter Area Exi$t.• aistriter Area 1 0 1St. P rkiqg paces 2656 Unit #2 (Lens Crafters) (9,823 si,) Existing Commercial Building V-6 si Exist. cans 1st. Parking S Daces g ces y in Exi rsr— 1 2654 Unit #1 (Friends Medical) (4,406 s.f.) Exist. Concrete Landing .576 CIO' 01 i t. Exitin& 6'-0" High 5 Wa II Existing Residential Homes 9" Exist Dive 3ght .35— 0" Existrig P.oli-out Gate Fan Exist Drive 'EAst :i I 24 Exist. Parkinn S ac...isi i Existing Commercial idig H gh Rii iron 14 Ex st. Par In Sp ExiSt. Drive C_XISI. MU/LI< 11 COS 9 'Existing Planter Lj 0 r--- Eting Planter Th' egai` Description .5-EC 2 r 4 R •H POP P 1/4 Applicant Building Square Footage LORE/VAS BANOVE coNTA C d;'"F.9. R.00 RAO:1;F; 4— 75 /—_?-12...; BUiLOING 74, f s. F. (BS._1.i'LL".;;IVG CONSISTS OF 3—UNI O Or— SPACE' •S) PA X.?/\G TABUL 7 ON: TOTAL EXIST, F.APK-C SPA CEI3 24 STALLS r°•? Vicinity Map Site Plan 225 S. F. 7 a a A 6.. i° .3* S 1 0 0 P cs a SOME 20'—(3" November 8 207t JOB HO. for g A st. er Sprier Idin0 Pipe 10 st_ Par-cing S aces PF Vacant Lot cc LLI 8 Exist. =i Exi-sting C.7.8tn. Exist Fire Hydrant Pla A-ea i 9 xist arking Existing La Palma Ave. Street AKe Exist. I-i-e Hydrant Pubtic Sd wt4 4- JI P 246,00' Exit. Public Sdvali-4. 0 44 Unclergrourid Spac4 ExiS#. 4,0 re.tr _and irg 1 4 st P Spaces =XISt LI Exiet Drivo Exist_ Dnya E ntry •keVa ItvA.Ay• Exist. Conors. andin Exict. Drive e 17E Elect_ Exi Planter Exist. Planter Area Exi$t.• aistriter Area 1 0 1St. P rkiqg paces 2656 Unit #2 (Lens Crafters) (9,823 si,) Existing Commercial Building V-6 si Exist. cans 1st. Parking S Daces g ces y in Exi rsr— 1 2654 Unit #1 (Friends Medical) (4,406 s.f.) Exist. Concrete Landing .576 CIO' 01 i t. Exitin& 6'-0" High 5 Wa II Existing Residential Homes 9" Exist Dive 3ght .35— 0" Existrig P.oli-out Gate Fan Exist Drive 'EAst :i I 24 Exist. Parkinn S ac...isi i Existing Commercial idig H gh Rii iron 14 Ex st. Par In Sp ExiSt. Drive C_XISI. MU/LI< 11 COS 9 'Existing Planter Lj 0 r--- Eting Planter Th' egai` Description .5-EC 2 r 4 R •H POP P 1/4 Applicant Building Square Footage LORE/VAS BANOVE coNTA C d;'"F.9. R.00 RAO:1;F; 4— 75 /—_?-12...; BUiLOING 74, f s. F. (BS._1.i'LL".;;IVG CONSISTS OF 3—UNI O Or— SPACE' •S) PA X.?/\G TABUL 7 ON: TOTAL EXIST, F.APK-C SPA CEI3 24 STALLS r°•? Vicinity Map Site Plan 225 S. F. 7 a a A 6.. i° .3* S 1 0 0 P cs a SOME 20'—(3" November 8 207t JOB HO. for g A 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheirn, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 31, 2011 FROM: PLANNING SERVICES MANAGER KEVIN C. CLAUSEN, PROJECT PLANNER SUBJECT: VARIANCE NO. 2010-04842 LOCATION: 991 South Rutgers Circle APPLICANT/PROPERTY OWNER: The applicants and property owners are Shirley Marshall and Judy Wade. REQUEST: The applicants propose to retain an existing fence extension that exceeds the permitted height of fences within side and rear yard setback areas. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that a Class 11 Categorical Exemption is the appropriate environmental determination for this request and approving Variance No. 2010-04842. BACKGROUND: The 13,268 square foot property is developed with a single- family residence. Project site and surrounding land uses include the following: Project Site North East South (Across Serrano Avenue) West irection PLANNING COMMISSION REPORT )(sing Use Single-Family Residence Single-Family Residence Single-Family Residence Vacant Hillside Single-Family Residence onmg RS-2 (SC) RS-2 (SC) RS-2 (SC) RS-3 (SC) RS-2 (SC) ITEM NO. Residential-Low Residential-Low Residential-Low Residential- ow Residential-Low VARIANCE NO. 2010-04842 January 31, 2011 Page 2 of 2 PROPOSAL: The applicants request to retain a vertical wrought iron extension to an existing fence that exceeds the permitted height of fences in the side and rear yard areas. The home was originally constructed with six foot high block walls in the side and rear yard. The applicants installed a wrought iron extension between 1 foot, 8 inches and 2 feet in height on top of the existing block wall. The total fence height from the highest finished grade to the top of the curved wrought iron varies between 7 feet, 6 inches to 8 feet. ANALYSIS: The applicant's request to retain the fence height extension is in response to a Code Enforcement action. The Zoning Code permits maximum six foot high fences in side yard areas separating single-family residential properties, and permits eight foot high rear yard fences adjacent to arterial highways. Because the rear yard is adjacent to Serrano Avenue, an arterial highway, eight feet is permitted along the rear property line. The fence extensions on the side property lines would match the allowed eight foot fence on the rear property line. Due to the dense landscaping along the rear and side properties lines, the wall extension blends into the landscaping and is heavily screened from Serrano Avenue and neighboring properties. In addition, the wrought iron extension is not visible from Rutgers Circle. The subject and abutting properties and properties slope down from southwest to northeast. The abutting properties to the southwest sit above the height of the subject property which minimizes the visual impact. The applicants have submitted a letter of justification indicating that the extended fence height is intended to protect the property from stray wildlife that comes from the vacant hillside southeast of Serrano Avenue. The applicants have also submitted letters of support from the three neighboring property owners to the north, east and west. CONCLUSION: Staff recommends approval of the requested variance to retain an existing fence extension that exceeds the permitted height of fences within side and rear yard setback areas due to the limited visibility of the extension and to reduce the danger of wildlife from surrounding properties. Respectfully submitted, Concurired by, 7 Principal Planner Planning Se ices Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Variance Justification The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall or on the City of Anaheim's web site at wwW,an ahei n I) 4. Site Plan 5. Site Photographs 6. Letters of Support ATTACHMENT NO. 1 RS -2 (SC) "PPP: SFR �SGI RS. 2 (SC) SFR o so ioo 0 Feet T (SC) OAK CANYON NATURE CENTER RS -3 (SC) SFR RM -3 (SC) SFR RS -2 (SC) DEV 2010 -00191 SFR RM -3 (SC) SFR ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. RH -2 (SC) SFR Subject Property DEV2010 -00191 991 South Rutgers Circle APN: 365- 122 -11 11064 Subject Property DEV2010 -00191 991 South Rutgers Circle APN: 365- 122 -11 11064 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 11 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING VARIANCE NO. 2010 -04842 (DEV2010- 00191) (991 SOUTH RUTGERS CIRCLE) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California shown on Exhibit "A attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests a variance to retain an existing fence extension that exceeds the permitted height of fences within side and rear yard setback areas in the Residential, Single Family 2 (RS -2) zone and the Anaheim General Plan designates this property for Residential -Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 31, 2010, 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 the Anaheim Municipal Code, Chapter 18.60 "Procedures to hear and consider evidence for and against said proposed variance 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, does find and determine the following facts: 1. That the applicant requests to retain an existing fence extension that exceeds the permitted height of fences within side and rear yard setback areas under the following Code provision: SECTION NO. 18.46.110.030 Permitted Fences and Walls (6 feet permitted; 7 feet, 8 inches to 8 feet proposed) WHEREAS, the Planning Commission does find and determine that the request for the variance from code requirements pertaining to the maximum fence height in side and rear setback areas should be granted for the following reasons: 1. The increased height from wrought iron blends into the adjacent mature landscaping and does not negatively impact the streetscape along Serrano Avenue and Rutgers Circle. The increased fence height reduces the danger of wildlife from adjacent properties. 1 PC2011 2. Strict application of the Code would deprive the property of privileges enjoyed by other businesses which have had this standard waived under similar circumstances. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 11 (Accessory Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2010 -04842 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Variance is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. 2 PC2011 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 31, 2011. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 31, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 31 day of January, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 EXHIBIT "A" DEV2010 -00191 0 APN: 365 122 -11 50 Feet C6 V8' ti 100 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 11064 -4 PC2011 -%k %k %k NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 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 marked Exhibit Nos. 1 through 3 (Site Plans and Sign Plan) as conditioned herein. Planning Division 2 The existing hedge and trees adjacent to the side and rear yard fences shall be maintained on an on -going basis in order to reduce the visibility of the wrought iron extension. Planning Division EXHIBIT `B" VARIANCE NO. 2010-04842 (DEV2010- 00191) 5 PC2011 To Whom It May Concern: ATTACHMENT NO. 3 We are writing this letter with the sincere hope that you will better understand why we are applying for a variance on our recently extended fence. Around 8:00 on the morning of June 9, a very large coyote jumped the neighbor's fence into our yard and carried off our 12 year old, six pound little yorkie poo dog. I was on the patio, just around the corner from where Shazam was attacked. The coyote must have quickly broken her neck, as I heard only one yelp, then saw the coyote carry her easily over our 6' block fence that backs up to Serrano. Needless to say we were devastated. Because of this tragedy we were concerned for the safety of our remaining two small dogs, as well as for very young children who often visit. The yard is quite large, making it impossible to guard against future coyote attacks. Just having adult presence does not guarantee safety. The coyotes are desperately searching for food and do not seem to fear humans at all. They have been seen by us and neighbors walking nonchalantly down our streets in the middle of the day. We contacted all of our neighbors to make them aware of the attack and found that many of them had experienced the same or similar incidents—including our friends next door who had two dogs maimed and then later one killed by large coyotes jumping their fence. The only feasible plan of action that we came up with was to heighten the fence around the perimeter of our backyard. We talked to all of our cul de sac neighbors and those living behind us, getting their support and acceptance of our plan. Our plan was to have approximately two feet of wrought iron extension attached from our side, making sure not to infringe into the neighbors yards. Before seeking bids we contacted the Anaheim Planning Department for information and advice on how to continue. The person from the Planning Department with whom we spoke was very sensitive to our loss and helpful in explaining the codes and our possible course of action. He explained very clearly that we could go up to 8' along our back wall which parallels Serrano. Between neighbors the code states only 6' in height. However, if our neighbors consented to us exceeding the 6'height limit, the only way Code Enforcement would get involved would be if there was a complaint "filed". Acting in good faith, we had the 2' wrought iron extension with a slight flare added to the top of our cinder block wall. We felt quite secure for about 3 weeks until we received notification from Code Enforcement that an anonymous phone call had been made regarding our fence and that they would be "investigating" the problem. We were told that the complaint centered round the belief that we had extended our fence without getting a permit from the city. Neither the height nor the fence material (wrought iron) was mentioned as a concern. Since we had been told two separate times by members of the City Planning Department that a permit was not required because the extension was wrought iron, it would seem that the anonymous complaint would be nullified. This seemed even more logical as the complaint did not come from anyone in our neighborhood. In our minds we had done our "due diligence" by getting our neighbors permission to extend the fence. Who would ever think that one person with no connection to a neighborhood could override a decision made by those directly involved—especially when the decision was made to insure safety of life!? Unfortunately for us, that appears to be the case and thus we are desperately trying to find an answer to this extremely heartbreaking and stressful situation. After much research, meetings and worry, we are respectfully requesting a variance to maintain the extension of our fence. We are hopeful that when you read the circumstances that have brought us to this point, you will be willing to grant us the variance. We live in the section of Anaheim that is adjacent to vacant areas and the hills to the east. This residential area is far different than that of downtown and its' surrounding neighborhoods. Our houses have been built in a major wildlife habitat and thus we are encroaching upon land that belonged to a wide variety of animals. Those animals, especially the coyotes, are forced to come down from the hills hunting for their ever diminishing food and water supply—making our small children, dogs and cats "fair game". We don't blame the coyotes and other wildlife, but we do see a real need to have the ability to make our children and animals safe from them. Please give serious consideration to our request for the variance. Sincerely, Zone: c Setback Setback Lot 77 q 1 Required Proposed 1 ATTACHMENT NO. 4 BA DATE: Des .n/Notes: Residential Site man Panning Services Division APPROVED B2 DA Case No, Notes: adding vi sion APPROVED violation fag of The iss grace this permit do not aAm uilding Codes @tr a 00_ Co'loTe" ecOl 1V1,,Ir, s 5 coma, /RRP4tO sEtkirw moos polc%ct't1(attroN oUt ,,,Aurin9Q7 oVeR- WI/TO SMzRttr) v_i_A O c, J rr WEQ A 04' n'T1) 114 E LAS P- ma-rL FU 0\16 `1 u3frS I-O L-'c E sloe' 1 *fry ut;DE DO, t 5. iviGe CA, RC-L 981 S. Rutgers Circle Anaheim, C/\928O7 October 30,20|U "Fo Whom 0 May Concern: Earlier this year my neighbors Judy \'Va and Shirley .MarshoUat 99| S. Rutgers �.rc[o, lost one nftheir dogs to a coyote. The coyote entered their yard, [tttacked their pet and carried it off over the fence into a wooded area across the street from our homes. We were very sorry [bctheir loss as we 100 hacl losi one of our pets to a eoyote that entered our backyard. When our neighbors asked our permission to add onto the height of their fence to prevent future coyote attacks, we vvercnnore than happy to give them our 'permission. to proceed. We live in ubuautiful d/nod that borders on a nature center and a largely undeveloped wooded area, both of which leave us vulnerable to coyote attacks. \Vc lave the beauty and the wildlife in our area, we have u responsibility io our OWU pets lo protect them from predators. In speaking to wildlife authorities at our ioeaf na center, they advise that a ftnce or wall should be at ieast 9 feet tall o prevent a coyote .from entering. 1 helieve that the addition that Jucl \Vade and Shirley Marshal! made to their fence is the minimum addition they could make to proieot{hrmnclvce and their pets from future attacks. The Ience is well buiit and attraclive and in no way eauses any inconvenience to their neighbors or in any way devalues any neighboring homes, sincerely hope that Code Enforcement will allow the fence to emain in place to ensure the safety or our pets and families. Sincerely, John Vilagi and Laur ATTACHMENT NO. 6 October 22, 2010 City of Anaheim, CA Code Enforcement/Building and Planning Dept. To Whom It May Concern, I arn an adjacent neighbor to Judy Wade and Shirley Marshall, and reside at 990 S. Rutgers Circle, in Anaheim Hills, During the summer of 2010, I had a couple of conversations with them regarding their desire to add on to their fence in their backyard, due to the fac that a coyote had recently jumped over their existing fence and escaped with one of their dogs. They did not fee that their fence was tail enough to provide protection from the coyotes and asked me if it was okay that they extend the height of the existing fence between our yards by adding additional fencing to the top portion of the cnder biock wall that was already there. I gave them my permission and from my understanding, they had already talked with all the other neighbors in the imrnediate areas ot their property, and no one had any objections to their plans. On two previous occasions, before I gave them my permission, I spoke to my husband and informed him of their intentions to extend the height of the fence around the entire perimeter of their backyard. During both discussions, myhusband did not express to me neither negative nor positive opinions with regards to their plans. I would also like to add that I completely understand their concern for safety. A few years ago, experienced a sirniiar coyote attack in my backyard. A coyote jumped into our backyard from the Serrano Street side and managed to grab my small dog, which happened to be in our backyard at the time, was able to scare the coyote, which caused Iiirn to release my dog, But then hejumped the side fence in rny backyard and crossed over into Judy's and Shirley's yard. Fortunately, my dog did not suffer any severe physical injuries that required medical attention, but, she was so traumatized that I could not get her to go out in the backyard for about three weeks. myself, was so shaken by the attack, that would not allow my children to play in the backyard unless was with them. My youngest child was about six years old at the time, and I felt the height of our fence was not adequate enough to provide protection from the high-jumping coyotes. About a week after that incident, 1 carne home one afternoon to find a lot of blood alt over my back patio barheque area and also around the other side yard, 1 was so scared that 1 called the police to corne and check it out because 1 was horne alone and was too afraid of what might be in the yard. The police searched my yard and found several coyote footprints throughout my very Iarge backyard. It also appeared, from the blood patterns, that the coyote had dragged its prey from one end of our yard to the other. The policeman showed me wher t appeared that the coyote had jumped the Serrano Street side fence, with its prey, from the evidence of its tracks. I have no opposition to the fencing that Judy Wade and Shirley Marshall have erected. In fact, 1 have seriously considered fooking into having it done on my property, also, Sincerely, Diana Deiss 10/72/10 Th whom it may concern, name is Jim Deiss and live at ,90 S. Rutgers Circle in Anaheim CA. My neighbor at 991 S Rutgers circle built a fence to keep Coyotes from attacking their dogs after they lost one earlier this year. I understand their concern and approve of them building the fence because most of the neighbors have lost animals to the coyotes, bobcats and other animals that prey in our backyards. Please consider their request to keep the fence. Jim Deiss IA-281A 9 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 3. Anaheim Blvd: Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: FROM: SUBJECT: JANUARY 31, 2011 PLANNING SERVICES MANAGER SCOTT KOEHM, PROJECT PLANNER VARIANCE NO. 2010-04835 LOCATION: 5601 East Orangethorpe Avenue APPLICANT/PROPERTY OWNER: The applicant is Ron Cole and the owner is Anaheim Vineyard, LLC. REQUEST: The applicant proposes to construct new monument sign with a larger size and height than permitted by code for an existing apartment community. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution determining that a Class 11- Categorical Exemption is the appropriate environmental documentation for this request and approving Variance No. 2010-04835. BACKGROUND: This I 3.3-acre property is developed with a 304-unit apartment community know as The Vineyards. Project site and surrounding land uses include the following: Project Site North East West South (across Orangethorpe) Apartments Golf Course (Yorba Linda) Imperial Highway off-ramp Condominiums Offices PLANNING COMMISSION REPORT RM-4 N/A N/A .R.M-3 SP94-1 (DA2) and (DA5) ITEM NO. 6 Medium Density Residential N/A N/A Low Medium Density Residential Low Density Office and General Commercial VARIANCE NO. 20l0-04 35 January 31, 2011 Page 2 of 2 PROPOSAL: The applicant requests approvai to install a monument sign for The V Apartments. The proposed size and height of the sign exceed Code requirernents. ANALYSIS: Monument identification signs in multiple-family residential zones are limited to a maximum height of 4 feet and a maximum sign area of 20 square feet. The applicant proposes a 5-foot high, 60-square foot monument sign to identify the Vineyards Apartments. The applicant indicates that the variance is being requested to help effective[y identify the large-scale residential property to prospective residents. The V w Apartments property was substantially impacted by property acquisition activity associated with the Imperial Highway grade separation project. This action widened Orangethorpe Avenue, necessitating the removal of the existing monument sign at the property. In comparison to sign allowances within commercial and industrial zones, sign provisions within residential zones are more restrictive to ensure that signs are compatible with surrounding residential properties and in scale with the residential development identified. This I3.3-acre residential development is much larger than most multi-family residential developments within the City. In addition, this property maintains 585 linear feet of street frontage along Orangethorpe Avenue. As a result, staff believes that the size of the proposed sign is appropriate for the scale of the site and that its design would complement the architecture of the buildings. Staff supports the variance request because there are special circumstances applicable to the property, including its large size and the amount of frontage that the property maintains along Orangethorpe Avenue. In addition, a 4-foot high. 20-aquare foot sign would be out of scale with, and would not effectively identify, this expansive residential community. CONCLUSION: Staff supports this variance request to permit a new monument sign for The Vineyards Apartments because there are speciai circumstances applicab!e to the property including its large size and the 585 linear feet of street frontage that the property maintains along Orangethorpe Avenue. Therefore, staff recommends approval of this variance request. Respectfully Principal Planner Attachments: 1. Aerial and Vicinity Maps Z. Draft Resolution 3. Letter of Justification Con urred by, ni Services The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at Ci Hall or on the Ci of Anaheim's web site at w .n0 in.uCtip imnVin g. 4. Site Photographs 5. Plans ATTACHMENT NO. 1 0 50 ioo 0 Feet RM -3 TOWNHOMES 152 DU TOTAL SP 94 -1 (SC) DA2 CANYON OFFICE CENTER RM -3 TOWNHOMES 152 DU TOTAL E O RAN 551 ETHORPE AVE SP 94 -1 (SC) DA2 CANYON OFFICE CENTER YORBA LINDA CITY LIMITS ANAHEIM CITY LIMITS RM -4 DEV 2010 -00169 VINEYARD APARTMENTS 304 DU SP 94 -1 (SC) DA5 CINEMA CITY THEATER RM -3 UNDER CONSTRUCTION 495' SP 94 -1 (SC) DA5 RETAIL 1 Subject Property DEV2010 -00169 5601 East Orangethorpe Avenue APN: 343 271 -22 0 03 0 a E. LA PALMA AVE 11060 Y,ORBA LINDA,CIT'4LIMITS ANAHEIM'CITY LIMITS I i rT, R i X71 r77 C'ILI trim 1f/f11-1f11 f,, Ili r i. N. 0 50 ioo 0 Feet Aerial Photo: May 2010 Subject Property DEV2010 -00169 5601 East Orangethorpe Avenue APN: 343 271 -22 E. LA PALMA AVE 11060 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 11 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING VARIANCE NO. 2010 -04835 (DEV2010- 00169) (5601 EAST ORANGETHORPE AVENUE) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California shown on Exhibit "A attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests a variance to construct a new monument monument sign with a size and design that is greater than permitted by code in the RM -4 (Multiple Family Residential) zone and the Anaheim General Plan designates this property for Medium Density Residential and uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 31, 2011, 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 the Anaheim Municipal Code, Chapter 18.60 "Procedures to hear and consider evidence for and against said proposed variance 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, does find and determine the following facts: 1. That the applicant requests a variance to construct a new monument sign with a size and design that is greater than permitted by code: SECTION NO. 18.44.070.010 Maximum Height and Size of Freestanding Monument Sign (maximum 4 foot high, 20 square foot sign permitted; 5 foot high, 60 square foot sign proposed) 2. The requested variance is hereby approved because there are special circumstances applicable to the property due to its large size, the over 500 linear feet of frontage that the site maintains along Orangethorpe Avenue, and the scale of this use in comparison to other residential developments in the city. 1 PC2011 3. Strict application of the Code would deprive the property of privileges enjoyed by other properties under the identical zoning classification in the vicinity because a sign designed according to code would not effectively identify this property. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 11 (Accessory Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2010 -04835 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Variance is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. 2 PC2011 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 31, 2011. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 31, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 31 day of January, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 EXHIBIT "A" DEV2010 -00169 APN: 343 271 -22 o so )oo 0 v Feet 1 YORBA LINDA CITY LIMITS ANAHEIM CITY LIMITS 514' F?ANGETHORPE AVE C3) 'd" CO CO V i Un t r Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is two to five feet. 11060 -4 PC2011 -%k %k %k NO. EXHIBIT `B" VARIANCE NO. 2010-04835 (DEV2010- 00169) CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 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 marked Exhibit Nos. 1 and 2 (Site Plan and Sign Plan) as conditioned herein. Planning Division 5 PC2011 November 1, 2010 Planning Commission City of Anaheim 200 S. Anaheim Blvd. Suite 162 Anaheim, CA 92805 LYON COMMUNITIES CAPITAL VENTURES COMMUNITY DEVELOPMENT n PROPERTY MANAGEMENT ATTACHMENT NO. 3 Re: Letter of Justification for Monument Signage Variance Dear Planning Commission: I am submitting for you approval a variance request for a redesigned monument sign at The Vineyards Apartments located at 5601 East Orangethorpe. The Vineyards Apartments, a 304 unit property, was developed and is currently owned by General William Lyon and managed by Lyon Management Group, Inc (LMGI). Lyon has always taken pride in providing a quality residential experience for our customer and has garnered a solid reputation in the industry. In 2003, LMGI was notified by Cal Trans of an impending eminent domain action (at Imperial Highway East Orangethorpe), that would directly impact a majority of the frontage including the removal of a large monument sign as seen on the attached picture. As a result, the property has seen a dramatic drop in prospective renter traffic over the last three years due to the lack of proper visibility and signage. We originally proposed to City Staff the reconstruction of the same monument sign but, due to the height of the previous design and limitations of space, the City Staff stated the monument needed to be redesigned. Abiding by the current "freestanding and monument signs" ordinance (18.44.080) would significantly limit the size and visibility of the monument sign. Therefore, we would like to request the approval of the new design which has been reviewed and supported by both planning and traffic engineering staff of the City of Anaheim. Regards, Ron W. Cole Vice President Property Site Photographs Property Photos High resolution photos on CD ATTACHMENT NO. 4 riFLE REPORT REVIEW As 51 1r grot m n gr% Are-ia THE Ts /FA Ise ir% LL, I F O R vumc 1 O) /1\1 THE Y OF ANAHEIM, COUNTY OHAJNIC STA TF t_ I F0 TJJA S.:;',:hltrikdil.MIJM 1. .WIJE.Ir Z12./S er a. 9,22 25 930,, To, 5722511212:7; 7E825 25 nemic, re U 1294 599 12,42,90 4 133 39 C DE55 99:u 112 9 9 1 53 01.5 .2 9 27 9 1""" 1 7, 1r 1P 1 1 .23:7:;11 7. .3 9,5 05 OF 5 15 PLU 25595021. NNUI TN, 9101,5 5 ,3 RID-, NE FIXIN 27 7 k, .'32 rl or 35,522 aprrs DO, 1,95 59.5 a..P. ;Cs; cloe.y.rn-± r .7.Acrer TILL: AND TZ,C, 1U crn.urc r,rx ,50.79 roe pr 09029. 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CCA 1111100 11P' 1 1 C)4 EXISTING CROSSWALK ORANGE THORPE AVENUE rL rok V A'1301: k P Ch. 6+ SEE ISLAND DETAIL HEREON %CM J I R/W NcPg LEGEND VO 0; CEIINSUIL comc. W Ath CONCRETE DECELERATION LANE ABBREVIATIONS WATER VALVE TREE CB CATCH BASIN STORM DRAIN MANHOLE CONC. CONCRETE POWER POLE EVLT ELECTRICAL VAULT LIGHT STANDARD FL FLOW LINE FIRE HYDRANT C R HANDICAP RAMP PULLBOX TCB TOP/BAC( OF CURB SURVEY CONTROL POINT TG TOP OF GRATE BOLLARD SURVEY FOUND MONUMENT PLANNING DESIGN CONSTRUCTION 14725 ALTON PARKWAY IRVNE, CALIFORNIA 92618-21127 949.472.3505 FAX 949.472.8373 www.RBF.com LL or.• r\ an C;) ASPHALT C DIN CRETE 20 10 SCALE: DRANGETHoi,pc LA PALMA AVE RIVERSIDE NOT TO SCALE "=20' 40 VICINITY MAP VINEYARD APARTMENTS PROJECT LOCATION 60 r -u 1 L LL..1 c. L.) Lfl m L U (0 cer ENTRY ISLAND MONUMENT SIGN PLAN LEDGESTONE VENEER TBD SIDE 2 50% SCALE CAP SPECSTBD —A r 1 10 WRAP SPECS TBD VI RDS tmcnt Community SMOOTH STUCCO COLOR TO MATCH PROJECT WALLS (EXACT SPEC TBD) 9" CO E MIN S' -0" CODE LIMIT 1' -10 1/2" 3 4/8" 8 7/8" THE 7 7' VIr'/Ex2RD S Apartment Community 121/2" 1/4 "CUTOUT ALUMINUM PIN MOUNTED COPY PAINTED MAP FINISH (DARK BRONZE) 1 1' -9 5.8" 8' -5 3'8' MAP DARK BRONZE 1/4 "CUTOUT ALUM NUMBERS PAINTED MAP BRUSHED ALUM. THE Vm (Ex9RD S Apartment Community D/F CMU VENEER STUCCO MONUMENT W/ 1 /4" CUTOUT ALUMINUM COPY W/ CEMENT CAPS PROJECT: THE VINEYARDS CLIENT: LYON MGMT SALES REP.: MAUREEN DESIGNER: DR DATE: 9/30/09 REVISIONS (DATE) 5/4/10 DR 7/27/10 GV 07/29/10 Tie 8/31/10 GV SCALE: SHOP DWG CLIENT APPROVAL: /PLEASE CIRCA SOP AS SHOWN WITH CHANGES 1/2 1• CLIENT SIGNATURE DA DESIGNS ARE THE PROPERTY O OUTDOOR DIMENSIONS UNTIL PURCHASED BY CLIENT 014 .75 25 5 YOUR SIGNATURE ACKNOWLEDGES FULL APPROVAL OF DESIGN LAYOUT AND CONTENT. RELEASING OUTDOOR DIMENSIONS FROM RESPONSIBILITY IN REGARD TO INCORRECT DESIGN AND INFORMATION. THE COLORS SHOWN ARE ONLY REPRESENTATIVE OF ACTUAL PMS COLOR CALL OUTS. FINAL COLOR WILL BE MATCHED AS CLOSE AS POSSIBLE. DUE TO MATERIALS USED 4 OU "1D0O moons 5325 E. HUNTER AVENUE ANAHEIM, CA. 92807 714- 578 -9555 FAX: 714 -893 -9578 LEDGESTONE VENEER TBD CAP SPECS TBD WRAP SPECS T80 SMOOTH STUCCO COLOR TO MATCH PROJECT WALLS (EXACT SPEC TBD) r 25 3/4" 18 +or 54" 1 31" 5' -5 1/4" 21' r~- 60" J 5/F DIRECTORY STRUCTURE W/ CALL BOX AND SITE PLAN CALL SYSTEM BY OTHERS DIMENSIONS APPROXIMATE NO LANDSCAPE STRUCTURE TO BUTT CURB PROJECT: THE VINEYARDS CLIENT: LYON MGMT. SALES REP.: GERI DESIGNER: DR DATE: 10/26/09 REVISIONS (DATE) 5/7/10 DR 7/28/10 GV 8/31/10 GV 10/15/10 TIe SCALE: 1/2 1' SHOP DWG.: CLIENT APPROVAL: ,REASE CNECA BO[I AS SHOWN WITH CHANGES CLIENTSICNATEHE LWiE DESIGNS ARE THE PROPERTY OF 01110008 DIMENSIONS UNTIL PURCHASED BY CLIENT OU 1 1)O O mansions 1344 1 .75 .25 .25 .25 YOUR SIGNATURE ACKNOWLEDGES FULL APPROVAL OF DESIGN LAYOUT AND CONTENT. RELEASING OUTDOOR DIMENSIONS FROM RESPONSIBILITY IN REGARD TO INCORRECT DESIGN AND INFORMATION. THE COLORS SHOWN ARE ONLY REPRESENTATIVE OF ACTUAL PMS COLOR CALL OUTS. FINAL COLOR WILL BE MATCHED AS CLOSE AS POSSIBLE, DUE TO MATERIALS USED. 5325 E. HUNTER AVENUE ANAHEIM, CA. 92807 714 -578 -9555 FAX: 714 -693 -9578 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: FROM: SUBJECT: LOCATION: 2350-2384 East Orangethorpe Avenue and 1631 North Placentia Avenue JANUARY 31, 2011 PLANNING SERVICES MANAGER SCOTT KOEHM, PROJECT PLANNER CONDITIONAL USE PERMIT NO. 2010-05538 APPLICANT/PROPERTY OWNER: The applicant is Howard Schwirnmer and the property owner is RIF II Orangethorpe, LLC. BACKGROUND: This 4.15-acre property is developed with two industrial buildings. Project site and surrounding land uses include the following: ITEM NO. 7 PLANNING COMMISSION REPORT REQUEST: The applicant proposes to establish an auto repair facility in two existing industrial buildings and retain an existing fitness center. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that a Class 1, Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2010-05538. 4. Use Zoning Designation Project Site Industrial building Industrial uses North Industrial buildings N/A City of Fullerton East Mobile home park N/A City of Placentia West Industrial building I Industrial use South Water uses I Open Space, Water Uses 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 DATE: FROM: SUBJECT: LOCATION: 2350-2384 East Orangethorpe Avenue and 1631 North Placentia Avenue JANUARY 31, 2011 PLANNING SERVICES MANAGER SCOTT KOEHM, PROJECT PLANNER CONDITIONAL USE PERMIT NO. 2010-05538 APPLICANT/PROPERTY OWNER: The applicant is Howard Schwirnmer and the property owner is RIF II Orangethorpe, LLC. BACKGROUND: This 4.15-acre property is developed with two industrial buildings. Project site and surrounding land uses include the following: ITEM NO. 7 PLANNING COMMISSION REPORT REQUEST: The applicant proposes to establish an auto repair facility in two existing industrial buildings and retain an existing fitness center. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that a Class 1, Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2010-05538. CONDITIONAL USE PERMIT NO, 20lV-055]8 January 31, 2011 Page 2 of 3 PROPOSAL: The applicant is requesting 8C0nditionuluSe permit to allow automobile repair uses within ali units of a two building industrial complex. The applicant also requests to retain an existing fitness center No expansion of the buildings is proposed. The proposed auto repair uses would include aU general auto repairs including installation of afierrnarket parts, srnog testing, auto body repair, and custom fabrication of automobiles and off-road vehicles. The property currently has several autornobile repair and service facilities in operation. The fitness center has been operating as an athletic equipment distributor and the property owner would like to include the fitness center as part of the conditional use permit for this property. ANALYSIS: Automotive repair facilities are conditionally permitted within the Industrial zone. To accommodate the existing permitted and unpermitted automobile repair facilities and provide for the opportunity for additional auto uses, the applicant is requesting this conditional use permit to allow all of the units on the property to conduct automobile related repair and installation services. The site plan shows two buildings totaling 63,298 square feet. Allowing automobile repair uses for the entire property would require a total of 221 spaces. The required parking for all of the existing uses on the property is 215 spaces and the property has a total of 223 parking spaces available. The property wiU be in compliance with Code required parking under the durrent and proposed uses. Previously permitted uses on the property include wholesaling, mail order firms, maniifacturing, and a vocational schoollcounseling center. The continuation of these uses wili not be affected by the proposed conditional use permit foruotooz0hilCzepo}c The applicant is also requesting LO permit a 2,240 square foot fitness center. Fitness centers require a conditional use permit in the Industrial zone. The parking requirernent for fitness centers less than 4,000 square feet is equivalent to commercial retail uses at 5.5 spaces per 1,000 square feet. The proposed fitness center at this Iocation will not adversely impact the property's parking supply. This property is surrounded by open space water uses and industriai uses, with a mobile home park located across Placentia Avenue in the city of Piacentia, Staff has inciudecl conditions of approval in the resoiution requiring that the parking areas shall not be used for any repair or storage of vehicles and that all business activity shall be conducted within the building. Due to the remote location of this property from any sensitive uses and the ability to provide for all of the Code required parking, staff supports this request for automobile repair uses and the fitness center. CONDITIONAL USE PERMIT NO, 2010-05538 January 31, 2011 Page 3 of 3 CONCLUSION: Staff believes the proposed auto repair uses and fitness center would be a suitable land use for this location and recommends approval of the project subject to the recommended conditions of approval. Respectfully submitted, Principal Planner Attachments: 1. Vicinity and Aerial Maps 2, Draft Resolution 3. Letter of Justification Concurred by,„., Piannirig Services Manager The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall or on the City of Anaheim's web site at wv, w an Ain. 4. Site Photographs 5. Site Plan ATTACHMENT NO. 1 FULLERTON CITY LIMITS ANAHEIM CITY-LIMITS] INDUSTRIAL 0 50 100 0 O Feet INDUSTRIAL E ORANGETHORPE AVE '600' INDUSTRIAL ORANGE COUNTY WATER DISTRICT DEV 2010 -00178 INDUSTRIAL ....47 J i C 2 Z U Q Q a. I ORANGE COUNTY WATER DISTRICT Subject Property DEV2010 -00178 APN: 338 181 -04 k 2350 -2384 E. Orangethorpe Avenue and 1631 N. Placentia Avenue E.GRANGETHORPE AVE k U U E. LA PALMA AVE P PM PNE m 11061 N I I I I I INDUSTRIAL INDUSTRIAL INDUSTRIAL INDUSTRIAL INDUSTRIAL 11 ATTACHMENT NO. 1 FULLERTON CITY LIMITS ANAHEIM CITY-LIMITS] INDUSTRIAL 0 50 100 0 O Feet INDUSTRIAL E ORANGETHORPE AVE '600' INDUSTRIAL ORANGE COUNTY WATER DISTRICT DEV 2010 -00178 INDUSTRIAL ....47 J i C 2 Z U Q Q a. I ORANGE COUNTY WATER DISTRICT Subject Property DEV2010 -00178 APN: 338 181 -04 k 2350 -2384 E. Orangethorpe Avenue and 1631 N. Placentia Avenue E.GRANGETHORPE AVE k U U E. LA PALMA AVE P PM PNE m 11061 Subject Property DEV2010 -00178 APN: 338 181 -04 2350 -2384 E. Orangethorpe Avenue and 1631 N. Placentia Avenue 11061 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05538 (DEV2010- 00178) (2350 -2384 EAST ORANGETHORPE AVENUE AND 1631 NORTH PLACENTIA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 -05538 to permit automobile repair uses within two existing industrial buildings and a fitness center for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference. WHEREAS, this property is developed with two industrial buildings located in the I (Industrial) zone and the Anaheim General Plan designates the property for commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 31, 2011, 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 the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The request to permit automobile repair uses and a fitness center is properly one for which a conditional use permit is authorized under Code Section Nos. 18.10.030.040.0402 (Automotive Repair and Modification) and (Dance and Fitness Studios Small) of the Anaheim Municipal Code. 2. The proposed automobile repair uses and fitness center will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because it is industrially zoned and is located in a industrial area with similar surrounding uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because the automobile repair uses and fitness center will not impact the development of the area. 1 PC2011 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 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 existing land use will continue to be compatible with the surrounding area and the proposed automobile repair uses and fitness center are not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05538 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Conditional Use Permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 2 PC2011 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 31, 2011. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 31, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 31' day of January 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 EXHIBIT "A" DEV2010 -00178 APN: 338 181 -04 FULLERTON CITY LIMITS 5o Fe et 575.44' i E ORANGETHORPE AVE 527.96' Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11061 4 PC2011 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO BUILDING AND ZONING INSPECTION 1 A covered trash enclosure is required for auto repairs to prevent the entry of storm water. Public Works, Streets and Sanitation/ Planning Department 2 The property owner shall submit a letter to the Planning Department, Planning Services Division requesting the termination of Conditional Use Permit Nos. 2697, 2842, 3014, 3459 and 2000 04278. Planning Department GENERAL 3 All business activity shall be conducted wholly within the building. Planning Department 4 Parking areas shall not be used for outdoor storage, storage of trailers or non motorized vehicles, automobile washing or detailing, automobile repair or maintenance, storage of inoperable vehicles, display of vehicles for sale or rent, or advertising on vehicles or trailers. Planning Department 5 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 marked Exhibit No. 1 (Site Plans) as conditioned herein. Planning Department EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2010 -05538 (DEV2010- 00178) 5 PC2011 Re; Conditional Use Permit Justification Letter 2350 -2384 Orangethorpe Avenue ATTACHMENT NO. 3 A. Indicate how the proposed use will not adversely affect the adjoining land uses or the growth and development of the area. All of the uses identified in the City's industrial zone requiring a conditional use penult will not adversely affect the adjoining land uses or the growth and development of the area. The area surrounding the Property is generally built out. The Property is part of an existing industrial zone. The uses identified in the zoning ordinance and requiring a conditional use permit will compliment the surrounding land uses. The addition of the allowed uses under the conditional use permit will not materially change the existing Property uses. Therefore, the proposed uses will not adversely affect the adjoining land uses or the growth and development of the area. B. Explain how the site proposed for the use is large enough to accommodate anticipated growth of the development and allow the continued operation without causing a detriment to the particular area or to health and safety. The Property is large enough to handle the addition of the allowed uses under the conditional use permit and within the current zoning because the site currently functions well with these similar uses. Additionally. the uses requiring a conditional use permit are a natural extension to the current uses of the property and will not substantially change the character of the current operations on the Property. Further, because the uses requiring a conditional use permit are a natural extension of the underlying industrial zoning, the proposed uses 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. C. Indicate how the traffic generated by the proposed use will not impose an undue burden upon the roads designed and constructed to handle the traffic in the area. The uses requiring a conditional use permit are a natural extension to the current uses of the property and will not impose and undue burden upon the roads designed and constructed to handle the traffic in the area. Further, because the uses requiring a conditional use permit are a natural extension of the underlying industrial zoning, the proposed uses will not impose and undue burden upon the roads designed and constructed to handle the traffic in the area. D. Indicate how approval of this Conditional Use Permit with and conditions of approval will not harm the health and safety of the citizens of the City of Anaheim. Because the property and its uses are a part of an existing industrial zone and the uses requiring a conditional use permit are a natural extension to the current uses of the property, with any conditions of approval applied, will not harm the health or safety of the citizens of the City of Anaheim. Finally, the proposed uses are complimentary to the Property's existing industrial uses and operations. Property ownership, RIF 11 Oranagethoipe, LLC, does not propose physical development to expand the existing building, yard and /or parking area size of any sort. r 1TLJ P c. A s. ATTACHMENT NO. 4 I I CONES 011111 5` G11, C tl 3 T '4� WAK ,i LPWR AR A GEN. CLN2 -A ZONING: "HE PROPERTY IS ZONED F(INOUSIRIAL). BUILDING SETBACKS: ABUTTING ARTERIAL h!GHWAYI SD FEAST, .MIN. ABL TTI \C COLLECTOR ST„ FREEWAY 11ONFAVE HO. FREEWAY R -O -W; 25 FEET. M1N. ABETTING LOCAL ST 7141VA7C ST: 10 'PET, MIN, A•VTTNC :NTERIGR PROPERTY: 0 FEET FOR INTERIUR PROPERTY SETBACK' W1-.EN AN :NOUSTRIALLY ZONED LOT AOUTS ANY RES:DENII AL LOVE OR LOT CONTAINING A RESIDENTIAL 41117, THE 3LIILOING CR STRUCTURE SHALL NOT DE ANY CLOSER TO T1-11 ZONE 004140141441 11-IAN T'N.CE THE HEIGHT OF THE WALL OR 51)1. OF THAT STRUDTJRE /CNC 'uP6 AEMENT I I ]IIL4l 444001X44 (T0P 4011) IAHN50irt AxG A.- BUKOIN, 40NING (TYR OF 21) N ;•226 E y I+�_ I Ls. 1 1� AMtt t 1 I .l 6 'GONG CURB --2 FLOOD ZONE: THE 400/1013 IS WITHIN FL000 20N 'k- 5HA0ED' DESCRIBED AS AREAS 01 503 1 RODE: AREAS OF 100 -YEAR E1.0.20 'MTH AVERAGE OE'THS 225 LESS THAN 1 7307 0R W111 00011420E AREAS LESS 114AN 1 544101E MILE: AND AREAS 4001BCTED B41_E1EE5 1R0M 900 -4EAR 8000 PER F1ERAL EMER0ENCY MANAGEMENT AGENC10 FLOOD INSURANCE RATE MAP 40NM2011'P NO. 000:12, PANEL NO. 0102 H, DATED FI0RIIA0Y 1A 2D04. REFERENCE DOCUMENT: 4011000 TITLE 0CMPANYS PRELIMINARY REPORT N0. 5350315E -407. DATE) MARCH 21. 20O5- EASEMENT SCHEDULE: CITY Cr ANA N MN (J CITY Cr ANAHEIM GRAHIEL PURPOSE RJR )0 UTIIJTY INGRESS EGGE55 EFERERCE REMARKS 6004) 1.001 000 7 42 0+0444 HEREON ROC, 0 4/2 3 /1973 O.R. BOOK 12040. PA01 143 SHOWN HFAEON REG. 01%10/1977. 0,4, i 711001 112740000 37 I 071311 OF FHA2'E414 710 '1 C?.W'.RJE ANA cAps R. 57544" I Car 0043- 8 5 0 BUILDING 01.10)014 i.NL 1 72 yy Wy CONC. c)RR -7 I LEGEND: A.D. 3K DONS. CDR. 030 0_17, FP. ITCR D.T. RED. PM SSM TE `F'- CDNT se ORANGETHORPE AVENUE «P00 R5 221E4024. 204112411 P5OPERTY LINE .f 0404. CITY BOUNDAR4 CEH1EHL1+E EASEMENT LINE WALL CHAMN 4N4E0 FENCE Ix AS0HALT CONCRE401 BOCK GHATT LINK FENCE CONCRETE CORNER DRIVEWAY ELECTRIC FOUND GA G NETER GAS VALVE HANDICAP HANDICAPPED RAMP 4171<102 RECORDS RECORDED PARCEL MAP 0+40040 SURVEY MONUMENT TRASH 111004JRE TELEPHONE CABINET SOUTHEAST ONE STORY CONCRETE TILT -JP RJILD1N0 2220 7504 ORANGE1004 AVENUE AREA. 32,754 SC.10 HEIGHT 20 FEET AG 5.1817 ONE STORY CONCRETE T11_T -UP BUILDING 103? N. P._ACE '10 AVENUE AREA. 24.510 501-0 HEIGHT- 2 '.'D FLIT :V 89'46'50' 41 52790' Owner ORANGE COUNTY FLOOD CONTROL :14STRICT ORANGE COUNTY FLOOD CONTROL D!S (PLACENTIA BASIN) 0419'50" LL 645 I I pmr h FIRE NY0RA111 1RAPFIC SIGNAL POWER 2 004E TT STREET LIDR7 PULTDOK w IELE. CABINET DRAIN DAS METER WATER METER OAS VAULT CATCH 5RS:N 1RAFRO 110114. P0LL900 WATER VALVE GAS VALVE 405144 STERN 01011 MANHOLE 44 SEAR MANH04E pT TELEPHONE 12LE q' 041414 •OST GJARO WARE 4004100 A,- SIGN Pas- :REF ,Y. PALM TREE 1 yr colc. cRN cuNC. 9 TE I I TE g TE 11_ J- 10 n LA ,Ch6 w "Y "1; CO PARKING SCHEDULE: REGULAR PARKING GRACES, 415 HANDICAP 4414X4 5PACE5: TOTAL PARKING SPACE5: 223 22. 04?L of 5' f BUILDI HEIGHT RESTRICTIONS: FoR 1N0US1T4AL 70 100 FEET FLOOR SPACE RESTRICTIONS: 1 1_00R SPADE RESTRICTION NONE I/1A BURTON WAY 47 fry f REVISIONS: .r6 4.411 4 WASTER PEIT '1 4 34<100730 10' 0o R 2 10040)403 1 ,000340101 SsrO011317E0' 4144 40<20,MG 44 01040010 I l �PlE� �Hpr 1 II I SCALE: 1" s 30' 20 1s a 30 60 CRAP HIC SCALE 1 422 Ga 1 SITE Iel5,, 44 Ave I 4- Ave E Are LEGAL DESCRIPTION [HOT PORTION CF HE FRACTONAL +4950005_50 GARTER OF C4429 1. TCON5107 s 0 0200. RANCE IC WEST. IN THE RANCHO SAN ..DAN 74204 CE SANTA ANA, AS SHOWN ON A MAP THEREOF' RECORDED IN BOOK 51, PACE 10 OF MISCELLANEOUS 44405, 11004110 [F sAD 0RANDE Cal NTT, SHOWN AS PARCEL 3 ON A MAP 344445010 IN 000K 57. 000 2ECP ?ARLEL MAPS, RECORDS OF SAD'0 ORANGE COUNTY. =00E11 11IEREFRCM, ALL GIL, GAS. MINERALS 050 000300ARSC2 SJ65T4NCE5 L0105 BELOW A 3E504 OF 500 1091)041 FEET ME20'3310 FROM TFE 5141141E CE SAID LANG. TOGET.4ER WITH 111E 33.E AN0 v%CZLS101 011NT, TIM, TO TIME, 'G 0111.2 INTO ND TIRCUGN THE AP,OVF CEseRIB1 LANDS 0E1)44 A DEPTH CF 550 0ERTICAL FEET 1'4040 LANDS OMEN ThAf SAID LAND. RY MEANS OF A WELL 0x7 WELLS DRILLED FROM 011 SDRFACE OF LAND OTHER THAN SAID LAND, 014471ER 'A1TH THE 501E AND LLSIVE RIGHT TO REP4R, REDAILL O =PEN. MAw9NN. 11401-1 ANO O 5002 4'{)_5 ANO PRODUCE oil_ c 5 AN O R 0AREONS FROM SAID LAN) OR FROM LAN-0 1,1T7-1. THAN 54 LA 0 AO, 3Y MEANS OF SUCH WELL DR WELL THRCUCH SAO LAN) BELOW A DEPTH OF 001 YERTOAL FEET FROM :HE SURFACE 1.1071 :OF. AS RESERVED IN 0EEO RECORDED 5EPTTSIBER 15, 1010 IN 1005 9404, PAGE M1Ce OF 0 RECORDS. SITE ADDRESS: 2300 -23E4 CRANGETHCRPE, ANAHIM. GA 42001 1431 7!- 114110X04 I£42E, ANAHEIM CA 02806 ASSESSOR'S PARCEL NUMBER: AR 338 151 -04 LAND AREA: AN AREA OF 4,100 ACRES (178.607 SO.FT.b 255 BASED CN DOT GARY LINES SHOWN HERECN BASIS OF BEARINGS: TILE BEARING NORTH ON' 46' S0' WEST. ALONG THE CENTERLINE CIF ORANGET22010 A4NNE AS 510026 CN PARCEL MAP. RECORDED IN BOOM 57. PAG4 28, 40100)0 OT ORANGE COUNTY, WAS USED AS DAS BASIS OF BEARINGS FOR THIS S0R1EY. SURVEYOR'S CERTIFICATE: TO: W LLIAM RICHARD PATON 4X7 1410UNP 0444ERAAD PATTON 014-103501113 CTo COSY 7. 1B20, AS 70 AN UNDIVIDED 243521 4+19151) PACIFIC NEWPORT PROPERTIES. INC., A CA2501NIA CORPORA AS TO AN 1'50111010 51'05 INTEREST, SANDRA K. 04LGARD. AN UNMARRIED WOMAN, AS ,O AN UNUINIOEO lo 52s. 1NTERL00 MARSHALL P. WILKINSON 114 ANTI CHRISTINE 0. WIL'(150001. HLSBAND AND VAFE. AS 101111 Tu ANTS. AS TO AN UN1411001 1.3.4250 INTEREST: BANK CF 0 )410110, N A, ITS SUCC AND /OR ASSIGNS: AND CHICAGO TOLE 40141PANY TH S IS -0 0101010'a 1NAT 0015 RAP 00 PLAT AND THE SURVEY ON ANON IT IS BASED 1'FRF MADE ON 1111 GROUND CN MAX 10, 2 IN ACCORDANCE 'MTH "MINIMUM STANDARD DETAIL EOU'REMENT5 FOR ADO/AGSM LAND TITLE SURVEYS,' 21NTt-Y ESTABLISHED AND ADOPTED BY AL'.A, A0SM AND NSPS L0 1399, AND INCLUDES ITEMS 2. 3, A, 0, r(3), 7(b)(1), 7(c). 0. 9, 10 I1N (AS i1 441011£5 SURFACE MATTE ONLY) AND 13 3E TABLE 0 THEREOF UR UA T TO TH£ ACCURACY STANDARDS AS ADOPTED 3Y Al TA. NSPS AND AGSM AND IN EFFECT GN FH5 DATE OF THIS CFTTIFICATIDN, UNDERSIGNED FUNT1 501141E5 THAT THE SURVEY MEASURE1ENT5 WERE MADE 14 ACCORDANCE •NETN "1110 ANGLE. DISTANCE, AND CLOSURE 4ECUIFEMENTS FOR 04R0E0 1EASU1EMENTS WHICH CONTROL LAND BOUNDARIES 704 ALTA /4050 LAND 7 SURVEYS.' BY: GEORGE 14, 514701ATTH. ROE 13737 ATTACHMENT NO. 5 1 901 L k4mraw VICINITY MAP Nor To sctiE 0 1 „143 e fA e-FS,S 10 ERE 220 TNP, 'WAD "CERAF' OR 'ff001100040 47 0 REGISTERED ERGFESSRIAL ENGINEER IN THE PRACTICE OF PROFESSIWIAL ENGINEERING OR LAND .41,1 CDNS4TUTE5 AN UPRES'51EN [F P9CFESN:HAL 1xINIOI REGUMI wAlcH Ulf IC SUIMEC'T R CATON, AND OCES NOT GCN511'U1E A WARRANTY CF MARANIEE DOER FNPRESSED ta OF f 1yE7 AL 014 N11,11711.6 .6 132 OF TIE BARD TFP IA 'C£P. IIXJ' BY A O N I II1I G LAND SL'NYETDR OR ISEENED 0VIIL ENE:ANE IN THE A CT10E O PROF©9ANA 1VEFRIML G OR•4ANO 6UR LT OR 1RE 1-5 114 TION CG NIAP1. B, PLATE REPORTS, DESa4P4.ONS, DINER 914+1011 0 R I.'0MLRTS 11 AN E 44 RPNU 4041134100.0100 TH06E FAOT1 FINDINGS 11-1011 ARE THE. 740 C .E CF T E ERTFlCAIICtI. AND DOES 110 004 1 LtlNSR'111E A 5ARRANYT CR GUARANTEE THEN dPRESSEO CR MPLIED. DATE 05/21/35 1:114 A.L.TA. /A.C.S.MA LAND TITLE SURVEY 2350 236A ORANGETHGRPE AVENUE, ANAHEIM, CA 92806 1631 N. PL.ACENTIA AVENUE, ANAHEIM, CA 32806 CLIENT REXFORD INDUSTRIAL CALE =3'Y 0'443" NA. 1 00E0R SEABOARD ENGINEERING CO (3401 2= 0X1110) 179-73_30 179-73_30 6FrewNO WE OENCCD.CON Dv UcCRCE N DER.A.RTH R -C._ .a. sT ICE s.15T 1 DF l FRETS 03 -070 CAT. 05/20/0005 CS- O]6aR -tiv 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. Directioii Existing 1 Jse Zoning General Plan Designation Project Site Indus al building SP94-1 (DA2) Industrial and Low Density Office North Industrial buildings SP94-1 (DA2) Industrial East Industrial buildings SP94-1 (DA2) Industrial West Industrial and Office Buildings Industrial, Gymnastics school, Auto hod repair SP94-1 (DA2) SP94-1 (DA2) Industrial and Low Density Office Low Density Office South (across La Palma Avenue) 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 DATE: JANUARY 31, 2011 FROM: PLANNING SERVICES MANAGER SCOTT KOEHM, PROJECT PLANNER SUBJECT: VARIANCE NO. 2010-04839 PLANNING COMMISSION REPORT LOCATION: 4633-4641 East La Palma Avenue and 1281 North Hancock Street APPLICANT/PROPERTY OWNER: The applicant is Sam Stahnke and the property owner is Sares-Regis. REQUEST: The applicant proposes a distribution center with fewer parking spaces than are required by Code. RECOMMENDATION: Staff recommends that the Commission adopt the attached resolution, determining that a Class 1 Categorical Exemption is the appropriate environmental determination for this request and approving Variance No.2010-04839. BACKGROUND: This 12-acre property is developed with a warehousing and distribution facility. Project site and surrounding land uses include the folio wing: ITEM NO. 8 PROPOSAL: The applicant proposes to occupy an approximately 278,000 square foot warehouse for an Anheuser-Busch beer distribution facility with fewer parking spaces than required by Code. No changes to the exterior of the building are proposed. VARIANCE NO. 2010-04839 January 31, 2011 Page 2 of 3 The building will consist of renovated offices including a new temperature controlled warehousing orea`8d��i����gn���8sign making/print s�a�,u��L� sale/merchandising storage space, a back-in loading area for trucks and a new hospitality roomllarge conference/training room, ANALYSIS: Distribution facilities are permitted by right in the Northeast Area Specific Plan No. 94-1 (DA2) zone. Straub Distributing has three main shifts with the following maximum number of employees: Day Shift Rolling start and end times vary between 4:NlD.m. and 9:008-nn. for start times and l2:AUp.nz and b:00p.o. for end times. The day shift wili have a maximum of 225 employees: 55 are office personnel, approximately 40 work in the warehouse, 60 are merchandisers who work in the trade with customers, and approximately 70 are drivers who deliver products. En addition, there are also approximately 105 field sales representatives that work off-site, but are in the office approximately once a week for meetings and/or training. Swing Shift Shift begins between 12:00 p.m. and 5:00 p.m. and ends between 8:00 p.m. and 12:00 a.m. with 15 employees. Night Shift Shift begins after 5:00 p.m. and ends between 4:00 a.m. and 8:00 a.m. with 28 This facility will include a hospitality room, known as the Clydesdale Room. The room will serve a twofold purpose fo and private hospitality events. When the room is used for company training, the maximum number of employees would be the combination of office and sales employees (55 105 160 employees). These meeting occur approximately once per week and last no longer than three hours. Private hospitality events in the Clydesdale Room would occur on nights and weekends. Private hospitality events in the Clydesclale Room will typically have up to 150 people in attendance and will be iimited to a maximum capacity of 375 people. In addition, use of this space for large hospitality events (between 150 and 375 people) will be limited to times when the warehouse is not in operation. Parking: The Code required parking for the distribution center is 586 spaces. The proposed Straub Distribution Center wili provide 283 car parking spaces and 55 truck sparking spaces. The maximum number of employees on site during normal peak hours (typical day shift) will be 225 employees, which is iess than the available numher of parking spaces. During the times when the sales representatives are onsite for training, parking will he provided in the 55 oversized truck spaces whiie the trucks are out for deliveries. Private hospitality events in the Clydesdale room wili typically have up to 150 people in attendance and will be limited to a maximum capacity of 375 peopie. in addition, use of this space for large hospita]ity events (between 150 and 375 people) will be limited to times when the warehouse is not in operation. Assurning that 50% of attendees will carpool with at least one I) other person, the maximum parking demand will he 282 parking spaces. VARIANCE NO. 2010-04839 January 9|.20D Page 3 of 3 CONCLUSION: Staff has reviewed the applicant's letter ofjustification and concurs with the proposed operations 8oddle parking arrangement. Because the facility provides the necessary parking spaces to accommodate the maximum number of employees and also provide the necessary spaces for the hospitality use, staff believes that the distribution facility would be a compatible use. The attached resolution includes a condition of approval that limits the days and hours of the hospitality room operation accordingiy, Therefore, staft recomrnends approval of the project Snh\ecttVtbececnrnmCodCdC0odi(i0os0f&pprov8i Principal Plan cr 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Letter of Operation/Justification Concurred by, atAiing Services Manager The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall or on the City of Anaheirn' s web site uiyvvvvv,;.inob (under Docurnent Downloads, select Planning Commission Agenda and select staff report for Item No). 4. Site Photographs 5. Site and Floor Plans ATTACHMENT NO. 1 MIN coi 21 J: U Q H. z- U: <1 1 Alpha (Northeast Area) Rede velopment A rea SP 94 -1 (SC) DA2 OFFICES SP 94 -1 (SC) DA2 DEV 2010 -00184 WAREHOUSE AND DISTRIBUTION SP 94 -1 (SC) DA2 OFFICES SP 94 -1 (SC) DA2 OFFICES SP 94 -1 (SC) DA2 OFFICES SP 94 -1 (SC) DA2 OFFICES 0 50 100 O 0 Feet SP 94 -1 (SC) DA2 SELF STORAGE FACILITY SP 94 -1 (SC) DA2 WAREHOUSE AND DISTRIBUTION SP 94 -1 (SC) DA2 AUTO REPA R/ SERVICE SP 94 -1 (SC) DA2 OFFICES cc! c Q c 0 0 z c o Q SP 94 -1 (SC) DA2 AUTO REPAIR/ SERVICE SP 94 (SC) DA2 OFFICES SP 94 -1 (SC) SP, DA2 OFFICES SP 94 -1 (SC) DA2 OFFICES Nee 481' SP 94-,1 (SC) SP 94 -1 (SC) DA2 DA2 OFFICES OFFICES C.) E BRYSON ST SP 94 -1 (SC) DA2 SP 94-1 (SC)z OFFICES DA2 OFFICES SP 94 -1 (SC) SP 94 -1 (SC) DA2 DA2 1 GYMNASTICS INDUSTRIAL SCHOOL Alpha JNorthea Rede elopme u O SP 94 -1 (SC) DA2 OFFICES E LA PALMA AVE SP 94 (SC) DA2 VACANT st Area nt Area ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Subject Property DEV2010 -00184 APN: 346- 321 -11 346- 191 -37 4633 -4641 E. La Palma Avenue and 1281 N. Hancock Street E OR_ORPE AVE E. MIR�A AVE I RN EP E. LA PALMAAVE 2 a O Z 0 ANTA ANA CANYON RD 11063 .11rt .[f LI.a 4flVlill Subject Property DEV2010 -00184 APN: 346- 321 -11 346- 191 -37 4633 -4641 E. La Palma Avenue and 1281 N. Hancock Street I E ORANGETHORPE AVE r O Z 1 E MIRALOMA AV= Y „f E. LA PALMAAVE Z O 0 O ANTA ANA CANYON RD 11063 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING VARIANCE NO. 2010 -04839 (DEV2010- 00184) (4633 -4641 EAST LA PALMA AVENUE AND 1281 NORTH HANCOCK STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance No. 2010 04839, to permit a distribution center with fewer parking spaces than are required by Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference; WHEREAS, this property is currently developed with a 279,594 square foot industrial building, located in the Northeast Area Specific Plan No. 94 -1, Development Area 2 Expanded Industrial Area (SP94 -1, DA 2) zone, and the Anaheim General Plan designates this property for Low Density Office and Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 31, 2011, 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 the Anaheim Municipal Code, Chapter 18.60 "Procedures to hear and consider evidence for and against said proposed conditional use permit 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 request for a variance, does find and determine the following facts: 1. The applicant requests a variance from the following Code Section to provide less parking than required by Code: (a) SECTION NO. 18.42.040.010 (Table 42 -A) Minimum number of parking spaces (586 spaces required; 283 car spaces and 55 truck parking spaces proposed) 2. The above mentioned variance, under the conditions imposed, will not cause fewer off street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of the use. The parking justification letter submitted by the applicant indicates that the business would provide 283 car parking spaces and 55 truck sparking spaces. The maximum number of employees on site during normal peak hours (typical day shift) will be 225 employees, which is less than the available number of parking spaces. Therefore, the 1 PC2011 granting of this variance will not cause fewer off street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all vehicles attributable to the use. Private hospitality events in the Clydesdale room will typically have up to 150 people in attendance and will be limited to a maximum capacity of 375 people. In addition, use of this space for large hospitality events (between 150 and 375 people) will be limited to times when the warehouse is not in operation. Assuming that 50% of attendees will carpool with at least one (1) other person, the maximum parking demand will be 282 parking spaces which can be accommodated on -site and will not cause fewer off street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all vehicles attributable to the site. 3. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity because the proposed parking would be adequate to accommodate the parking demand for both businesses on the property. 4. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on -site and will not encroach into other surrounding properties. 5. The variance will not increase traffic congestion within the off street parking areas provided for the proposed use as indicated in the parking justification letter because the supply of parking spaces is adequate for the proposed uses and there is adequate egress and ingress to the site. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve Variance No. 2010 -04839 to permit fewer parking spaces than required by code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby approve Variance No. 2010 -04839 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 2 PC2011 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 31, 2011. 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. ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 31, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 31 day of January, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 EXHIBIT "A" DEV2010 -00184 tAPN: 346 -321 -11 346 191 -37 0 50 100 v 36' CO co 481' E BRYsoN sr 584.75' E LA PALMA AVE rn Source: Recorded Tract Maps and /oi City GIS. Please note the accuracy is +1- two to five feet. 11063 -4 PC2O11- **%k NO. CONDITIONS OF APPROVAL SIGNED OFF BY REVIEW BY GENERAL CONDITIONS 1 No required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement 2 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located, and screened so as not to be readily identifiable from adjacent streets or highways. Planning, Public Works 3 The use of the Clydesdale Room, as indicated on the submitted plans on file with the Planning Depaitinent, for large hospitality events (150 375 people) shall be limited to only evenings and weekends when the warehouse is not in operation. Planning 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 marked Exhibit No. 1 (Site and Floor Plan), and as conditioned herein. Planning EXHIBIT `B" VARIANCE NO. 2010-04839 (DEV2010- 00184) 5 PC2011 December 23, 2010 Mr. Scott Koehm Planner City of Anaheim, CA 200 S. Anaheim Blvd., Ste 162 Anaheim, CA 92805 Ref: Parking Justification Letter for Straub Distributing 4633 E. La Palma Ave. Anaheim, CA Dear Scott: ATTACHMENT NO. 3 This letter serves as a description of business operations and justification for a variance from the minimum number of required parking spaces for the proposed Straub Distributing facility at 4633 E. La Palma Ave. Business Operations: Straub Distributing is a wholesale Anheuser -Busch beer distributor that services accounts in the Orange County and the Inland Empire. The building will consist of renovated offices, a new temperature controlled warehousing area, a draught cooler for keg storage, a sign making /print shop area, a point of sale /merchandising storage space, a back in loading area for trucks and a new Hospitality Room /Large Conference /Training Room. Straub Distributing has three main shifts with the following maximum number of employees: Day Shift Rolling start and end times varying between 4:OOam and 9:OOam for start times and 12:OOpm and 6:OOpm for end times A maximum of 225 employees: 55 are office personnel, ,approximately 40 work in the warehouse, 60 are merchandisers who work in the trade with customers, and approximately 70 are drivers who deliver products. In addition, there are also approximately 105 field sales representatives that work off -site, but are in the office approximately once a week for meetings and /or training. Swing Shift Shift begins between 12:OOpm and 5:OOpm and ends between 8:OOpm and 12:OOam 15 employees. Night Shift Shift begins after 5:OOpm and ends between 4:OOam and 8:OOam 28 employees. Straub has seventy (70) delivery vehicles they will consolidate into the new facility. These vehicles are a combination of side load delivery vehicles, end load delivery vehicles and end load brewery transport vehicles. This facility will include a hospitality room /large conference /training room called the "Clydesdale Room The room will serve a two fold purpose: training and large private hospitality events. When the room is used for company training, the maximum number of employees would be the combination of office and sales employees (55 105 160 employees). These meeting occur approximately once per week, during normal business hours, and last no longer than three hours. Large private hospitality events (150 to 375 people) in the Clydesdale room would occur on nights and weekends. The Clydesdale room will have a maximum building occupancy of 427 people, however it is expected that most events held there will not reach that capacity. Mr. Scott Koehm 2 December 23, 2010 Parking Justification: There are a total of 283 car parking spaces proposed. Delivery trucks will be parked in 55 proposed surface truck parking spaces and 30 available truck dock and ramp spaces. As stated above, Straub Distributing will have a maximum of 225 employees on -site between the hours of 9:00am and 12:00pm Monday thru Friday, with up to 70 of these employees being truck drivers who come and go making deliveries off -site. During normal peak day shift hours, there should be a minimum of 58 excess parking spaces available on -site (283 spaces provided; 225 space peak demand). Up to 105 field sales representatives are in the office once per week. They are typically in for no longer than three hours for meetings. Their vehicles will occupy the remaining 58 parking spaces and the remaining 47 employees would park in empty truck parking spaces which can accommodate two cars each. As a worst case scenario, if all day shift employees and field sales representatives are at the building, there would be 330 employees. By using the 283 car parking spots and 55 truck parking spots, there would be 338 total parking spots for 330 employees. Therefore, all vehicles will be contained on site. As indicated, the Clydesdale room will also be used for private hospitality events with a typical attendance of 100 to 150 people. The maximum attendance would be 375 people. These events will occur approximately 2 to 3 times per month and will only happen on weekends and will not be open to the public. The hospitality events often include spouses, co- workers or friends and a high percentage of attendees carpool. A conservative estimate is that approximately 50% of attendees will car pool with at least one other passenger. The vast majority of private hospitality events will have an attendance up to 150 people. Assuming that 50% of attendees carpool and 50% arrive in single occupancy vehicles, the number of anticipated cars will be no greater than 115 vehicles, which will easily be accommodated by the 283 spaces on -site. For an event with a maximum attendance of 375 people, and assuming that 50% of attendees carpool and 50% arrive in single occupancy vehicles, the number of anticipated cars will be 282 vehicles. In this worst case scenario, the 283 available parking spaces would still accommodate the peak demand on -site. If any overflow is required due to less carpooling than assumed, the warehouse would not be in operation so extra parking could occur at open dock positions (2 3 cars deep parking) or at other open areas on site. To help facilitate safe and adequate parking during peak hospitality events, Straub Distributing may use a valet system to ensure attendees have easy access to their vehicles. Parking Justification Findings: Section .0101 That the variance, under the conditions imposed, if any, will not cause fewer off street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. The proposed Straub Distribution Center will provide 283 car parking spaces and 55 truck sparking spaces. The maximum number of employees on site during normal peak hours (typical day shift) will be 225 employees, which is less than the available number of parking spaces. Therefore, the granting of this variance will not cause fewer off street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all vehicles attributable to the use. Private hospitality events in the Clydesdale room will typically have up to 150 people in attendance and will be limited to a maximum capacity of 375 people. In addition, use of this space for large hospitality events (between 150 and 375 people) will be limited to times when the warehouse is not in operation. Assuming that 50% of attendees will carpool with at least one (1) other person, the maximum parking demand will be 282 parking spaces which can be accommodated on -site and will not cause ferwer off street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all vehicles attributable to the site. Section .0102 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. 1750 SOUTH BRENTWOOD BOULEVARD SUITE 600 ST. LOUIS, MISSOURI 63144 (314) 965 -5003 FAX: (314) 965 -4758 www.arcobeveragegroup.com Mr. Scott Koehm 3 December 23, 2010 The proposed Straub Distribution Center will provide 283 car parking spaces and 55 truck sparking spaces. The maximum number of employees on site during normal peak hours (typical day shift) will be 225 employees, which is less than the available number of parking spaces. Therefore, the granting of this variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. Private hospitality events in the Clydesdale room will typically have up to 150 people in attendance and will be limited to a maximum capacity of 375 people. In addition, use of this space for large hospitality events (150 to 375 people) will be limited to times when the warehouse is not in operation. Assuming that 50% of attendees will carpool with at least one (1) other person, the maximum parking demand will be 282 parking spaces which can accommodated on -site. Therefore, the granting of this variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. Section .0103 The variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050.030 (Non- Residential Uses- Off -Site Parking Arrangements)). Because the 283 proposed parking spaces is greater than the number of peak shift employees (225 employees), there will not be any increase in the demand and competition for parking spaces upon adjacent private property in the immediate vicinity. All parking will be accommodated on -site. Private hospitality events in the Clydesdale room will typically occur 2 to 3 times per month and will have an attendance of 100 to 150 persons. Large private hospitality events (150 to 375 people) will be limited to nights and weekends when the warehouse is not in operation. The maximum attendance will also be limited to 375 people, resulting in a parking demand of 282 spaces which will be accommodated on -site utilizing the proposed 283 parking spaces. Therefore, the variance, as conditioned, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. Section .0104 That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off street parking areas or lots provided for the proposed use. During peak work hours, traffic congestion within off street parking areas will not be increased due solely to the fact that there will be fewer employees (225 employees) than proposed parking spaces (283 parking spaces). Use of the Clydesdale room for large private hospitality events (150 to 375 people) will occur on nights and weekends during off -peak periods. The driveway entries and drive aisles on the site are constructed to accommodate the number of vehicle trips anticipated for this use and therefore, there will be no increase or congestion related to this use that cannot be accommodated on -site. The use of valet parking will be available in the event that it is determined necessary for the operation of the private hospitality events. Section .0105 That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The Straub Distribution center had three separate ingress /egress points. Two of these ingress /egress paths are on La Palma Avenue and one is on Hancock Street. The existing ingress /egress points were designed to accommodate to the site and are not being modified as part of this request. There will be no impact on the ingress to or egress from adjacent properties upon the public streets. Use of the Clydesdale room for large private hospitality events (150 to 375 people) will occur in off -peak or evening hours. In the event that it is necessary for the smooth operation of the facility, Straub will have valets, as required, helping to facilitate on site parking to ensure there will be no impacts to vehicular ingress to or egress from adjacent properties. 1750 SOUTH BRENTWOOD BOULEVARD SUITE 600 ST. LOUIS, MISSOURI 63144 (314) 965 -5003 FAX: (314) 965 -4758 www.arcobeveragegroup.com Mr. Scott Koehm 4 December 23, 2010 Sincerely, ARCO National Construction Company, Inc. Beverage Group Sam A. Stahnke 1750 SOUTH BRENTWOOD BOULEVARD SUITE 600 ST. LOUIS, MISSOURI 63144 (314) 965 -5003 FAX: (314) 965 -4758 www.arcobeveragegroup.com ATTACHMENT NO. 4 1IJIIIHIJ 1'� 1�N48 W 4 �r141 ��P 4CC'� It hum II 1 1 11 1111111101111111 =F■1 4 EXST'4 ACCESSIBLE CURB RAMP TO REM IflP E4BT'4 ACCESS CURE RAMP TOI W:..` p(ST'G ACCESSIBLE CURS RAMP TO REMAIN SCALE= 1` EO' -O' EXISTING CONCRETE DRIVE -IN RAMP TO REMAIN ARCHITECTURAL BITE PLAN ATTACHMENT NO. 5 r ,rrt F (4) EXISTING POSITIONS TO NEW CONCRETE RETAINING NALL SEE STRUCT. 4' THrc.[ CONCRETE DRIVE -IN RAMP MATCH FINISI/ FLOOR MATCHED AREA DENOTES NEW CONCRE'T'E 144I:K W/ BROOM FINISH .SLOPE AWAY FROM BUILDING V0' PER I' -O' PROVIDE CONTROL JOINTS 8■ Q MAX ®cAl e. In4' P•O' EL. 24920' PINl9N FLOOR ENLARGED ENTRY PLAN NEN CONCRETE RETANN /NG WALL SEE STRUCT NEW 2' l i r— GRATE INLET TO MATCH EXISTING REH (?5) AIN 6XiSTING DOCK POSITIONS TO HANCOCKW STREET znErriNd T fE f EXISTING DRIVE RAMP TO ee E:�1 iT NEW 4' NIDB i STRIPING RELOCATED LIGHT POLE VERIFY LOCATIONS N/ ELEC. 'CONN RELOCATED- EX/STING SEE DETAIL B/4 -17 4' PIPE TO MATCH EXSTG TYP. EXST'G ACCESSIBLE: CURB RAMP TO NEW 24" PIA. CONCRETE PAD WITH (4) BOLLARDS FOR GATE AUTO'IATICN. LOCATE IN FIELD W/ G.C. SEE 5/A-I1 FOR BOLLARD DETAIL ilii4 �tali �4 ✓j �3 4�'i O 0 U iYi .106 MO $J104i DFIAVM kT lSaLE D 12.07 .12 2 4 2 8 EVAN BFlEET A A °I) SCALE. P [v' -Q' FIRST FLOOR PLAN KEYNOTES 0 5. 4. Itt SHIMPIS 6,» I 635'aOe. 1, CONTRACTOR TO VERIFY ALL DIMENSIONS AND sITE' CONDITIONS N AND NOTIFY ON RCHITECT OF ANY OMISSIONS DISCREPANCIES AND /OR CONFLIGT9- BEFORE PROCEEDING W I THE WORK. 2. -DOORS 1:0401434 ADJACENT TO wALLs ARE TYPICALLY 4' FROM ADJACENT WALL. UNLESS NOTED OTHERWISE. ALL DIMENSIONS ARE TO FACE OF PARTITIONS. EIRE RETARDANT BLOCKING SHALL- BE PROVIDED IN ALL WALLS AS REQUIRED BY CODE AND AS REQUIRED Rtscori IENDEP FOR THE SUPPORT OF MILLWORK, TOILET PARTITIONS AND ACCESSORIES, ETC. 5. CASEWORK MILLWORK AND EQUIPMENT SUPPLIERS SHAL �rl FIELD VERIFY ALL DIMENSIONS PRIOR TO esewn rir..e 672' -Q• w 4. PROVIDE ROOM NAME SIGNAGE FOR MEN'S AND WOMEN'S RESTROOMS. INCLUDE INTERNATIONAL SYMBO{. OF ACCESSIBILITY. SIGNAGE S14ALL BE TITLE 24 COMPLIANT. SEE SHEET r-i FOR RESTROOM SIGN DESIGN. INFO 6, USE TAPE.4BLE METAL CORNER BEADS AT ALL GYPSUM BOARD CORNERS. T.- PROVIDE FLOOR MATERIAL TRANSITIONAL STRIPS WHERE REQUIRED BY CHANGE IN MATERIAL. S. PROVIDE MOISTURE RESISTANT GYPSUM BOARD AT ALL NET WALLS. I36' —Q•.- 154) GENERAL FLOOR PLAN NOTES O 66' -Q• REPAIR 0 oleecliR CW3 RAY 1 7 -O• 0 e Z C3 i]J z J Z 0 b 0 f 0 JOB N &m000 DRAW 12.07.,1 REM 4 s ENLARGED 2ND FLOOR OFFICE PLAN 86ALer s/44° 1.40 eOIITI.WRST ENLARGED 2ND FLOOR OFFICE PLAN ecA�.a. e/w. I MORTi+ernT LEGEND OOSPN4 PARiIiYAi ri PART/f427 E7Q51IN6 DOOR TO REMAIN n k.: w s 7 4 3W 't i. 0 0 w r o o. N A u JOB N DRAW ISSUE 1207.1C FEVI 9 8 8 4 1 ORO OM I 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 vvww.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 31, 2011 FROM: PLANNING SERVICES MANAGER TRACY SATO, PROJECT PLANNER SUBJECT: ZONING CODE AMENDMENT NO. 2011-00095 LOCATION: Citywide APPLICANT/PROPERTY OWNER: The applicant is the City of Anaheim. ILLEFI': To amend Chapter 18.62 of Title 18 of the Anaheim Municipal Code pertaining to Administrative Reviews to add Section 18.62.090 Request for Reasonable Accommodation and to make other minor clarifications and corrections to the same Chapter. COMMENDATION: Staff recommends the Planning Commission, by motion, determine that this action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code and recommend to the City Council that the attached draft Ordinance for Zoning Code Amendment No. 2011- 00095 be approved. BACKGROUND: The City's 2006-2014 Housing Element was adopted by the City Council on August 11, 2009 and certified by the State IDepartment of Housing and Community Development on September 2, 2009. The Housing Policy Program along with the Housing Element contains an action item to develop an administrative permit for "reasonable accommodation." Reasonable accommodation means providing disabled people, or developers of housing for disabled people, flexibility in zoning and building standards so that people with disabilities have safe and convenient access to their homes. DISCUSSION: Federal and State fair housing law prohibits cities and counties from discriminating against individuals with disabilities through land use and zoning decisions and procedures. The proposed Ordinance would establish an administrative reasonable accommodation procedure allowing land use designations and development standards to be modified or exempted so that individuals with disabilities may safely and conveniently access their homes. Previous court cases have determined that requiring discretionary approvals for such modifications, including variances and conditional use permits, is inconsistent with fair housing law. ITEM NO. 9 PLANNING COMMISSION REPORT ZONING CODE AMENDMENT NO, 2011-00095 January 31, 2011 Page 2 of 2 To date, staff has been reviewing such requests by utilizing existing state and federal regulations. Examples of requests for reasonable accommodation that have occurred in California cities include: !.ptatin'OfeS5OtgreOpeatagtO.„ Front yard fence height Residential height limits Parking requirements eason for Request Ensure safet (L2Ladisabled child residing at the home Allow a residential elevator Accommodate the conversion of enclosed parking spaces in a garage into a residential unit for a disabled family member needing special care. Allow encroachment into a garage space in order to construct a residential elevator in a townhome. Front, rear, or side setbacks The City of Anaheim has processed requests for reasonable accommodation in the past, as required by Federal and State law. The proposed ordinance would memorialize past processes, insuring fairness and consistency in implementation of fair housing law, and would fulfill the requirement of the City's Housing Policy Program. The draft Ordinance also contains other minor clarifications and reference corrections found in the same Chapter. A red-lined draft Ordinance has been provided as Attachment 1. Respectfully submitted, Principal Planner Attachments: 1. Draft Red-lined Ordinance Accommodate a wheelchair access ramp. Allow an oversized garage to fit wheelchair accessible vehicle (such as a van). Accommodate a ground level bedroom and bathroom for a disabled famil member. Concurred by A- P1 annitig Sen46es Ma nager SECTION 1. "18.62.010 PURPOSE. SECTION 2. [DRAFT] ATTACHMENT NO. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.62 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO ADMINISTRATIVE REVIEWS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: That Section 18.62.010 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: The purpose of this chapter is to provide a process for the administrative review of certain 1 applications that arc reviewed to ensure they meet the intent of the General Plan and this title, but do not require review by the Planning Commission." That Section 18.62.020 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.62.020 APPLICABILITY. An administrative approval is required for the following activities: .010 Administrative adjustments see Section 18.62.040; .020 special event permits see Section 18.38.240; .030 Large family day care homes see Section 18.62.060;and .040 Telecommunications antenna review permits see Section 18.62.070; .050 Wayfinding sign program permits see Section 18.62.080; and .060 Request for reasonable accommodation see Section 18.62.090." SECTION 3. That Section 18.62.030 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.62.030 APPROVAL AUTHORITY. SECTION 4. SECTION 5. [DRAFT] ATTACHMENT NO. 1 Planning Director. The approval authority for an administrative adjustment, a special event permit, a large family day care home, and a telecommunications antenna review permit a wayfinding sign program permit, and a request for reasonable accommodation is the Planning Director." That subsection .050 of Section 18.62.060 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Decision Final. The decision of the Planning Director is final and may not be appealed." That subsection .060 of Section 18.62.060 of Chapter 18.62 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:: ".060 Findings. The Zoning AdministratorPlanning Director shall make the following findings in order to approve an administrative adjustment: .0601 The adjustment is consistent with the purposes and intent of the Zoning Code; .0602 The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; .0603 The adjustment will not produce a result that is out of character or detrimental to the neighborhood." SECTION 6. That new Section 18.62.090 be, and the same is hereby, added to Chapter 18.62 of Title 18 of the Anaheim Municipal Code to read as follows: "18.62.090 REQUEST FOR REASONABLE ACCOMMODATION. This section sets forth the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Housing Act and the California Fair Employment and Housing Acts (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. .010 Applicability [DRAFT] ATTACHMENT NO. 1 .0101 A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. .0102 A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures regulating the siting, development or use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. .0103 A person with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. This section shall only apply to those persons who are defined as disabled under the Acts. .020 Application. .0201 An application for a request for reasonable accommodation shall be filed with the Planning Department, on a form approved by the Planning Director, and shall contain the following information: .01 Applicant's name, address, and telephone number; .02 Address of the property for which the request is being made; .03 The current actual use of the property; .04 The basis for the claim that the individual is considered disabled under the Acts. .05 The zoning code provision, regulation or policy from which reasonable accommodation is being requested. .06 The length of time the reasonable accommodation is necessary. .07 Explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual. .0202 Review with other land use applications. .01 If the project for which the request for reasonable accommodation is made requires some other discretionary permit or approval, then the applicant shall submit the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedure of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. [DRAFT] ATTACHMENT NO. 1 .02 Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. .030 Issuance or Denial of Permit. If the Planning Director or other reviewing authority determines that all provisions of this section are, or will be, complied with, and that all other necessary permits have or will be obtained, a permit shall be issued; otherwise, the application shall be denied. .040 Permit Fee. A fee may be charged per Chapter 18.80 (Fees). .050 Decision. The decision of the Planning Director is final, unless appealed to the Planning Commission within ten (10) days after the date the decision is made .060 Findings. A written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall consider all of the following factors: .0601 That the housing, which is the subject of the request, will be used by a person with a disability as defined in subsection 18.62.090.010, above. .0602 That the request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined in subsection 18.62.090.010, above. .0603 That the requested reasonable accommodation would not impose an undue financial or administrative burden on the city. .0604 That the requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning. .070 Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection .060 Findings. SECTION 7. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 8. SAVINGS CLAUSE [DRAFT] ATTACHMENT NO. 1 Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 9. PENALTY Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of 2011, and thereafter passed and adopted at a regular meeting of said City Council held on the day of 2011, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY CLERK OF THE CITY OF ANAHEIM CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM 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.