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PC 2014/06/02 City of Anaheim Planning Commission Agenda Monday, June 2, 2014 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chair: Victoria Ramirez • Chair Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, May 29, 2014, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 06/02/14 Page 2 of 6 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 06/02/14 Page 3 of 6 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2014-05726 (DEV2014-00011) Location: 1300 East Gene Autry Way Request: To permit an accessory banquet hall, to include the consumption of alcoholic beverages, within an existing industrial building. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: David See dsee@anaheim.net ITEM NO. 3 VARIANCE NO. 2014-04966 CONDITIONAL USE PERMIT NO. 2014-05729 (DEV2014-00017) Location: 1421 West Ball Road Request: To permit a monument sign with an electronic readerboard for an existing church, and allow the sign to be located within the ultimate public right-of-way. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 11 (Accessory Structures) Categorical Exemption. Resolution No. ______ Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 06/02/14 Page 4 of 6 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2014-05731 (DEV2014-00021) Location: 5655 East La Palma Avenue Request: To permit the sale of beer and wine for on premises consumption within an existing restaurant. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2013-05715 (DEV2013-00128) Location: 1380 South Sanderson Avenue Request: To permit the conversion of an existing two-story church building to offices and construct a single-story sanctuary. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 32 (In-Fill Development Projects) Categorical Exemption. Motion Request for Continuance to June 16, 2014 Project Planner: Vanessa Norwood vnorwood@anaheim.net 06/02/14 Page 5 of 6 ITEM NO. 6 RECLASSIFICATION NO. 2013-00254 CONDITIONAL USE PERMIT NO. 2013-05720 TENTATIVE TRACT MAP NO. 17700 (DEV2013-00056) Location: 1619 South Euclid Street Request: To rezone the property from the Transition (T) zone to the Single–Family, Residential (RS-4) zone, and to permit and establish an 8-unit small–lot residential subdivision with modifications to development standards. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 32 (In-Fill Development Projects). Motion Request for Continuance to June 16, 2014 Project Planner: Vanessa Norwood vnorwood@anaheim.net Adjourn to Monday, June 16, 2014 at 5:00 p.m. 06/02/14 Page 6 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. May 28, 2014 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 2, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05726 LOCATION: 1300 East Gene Autry Way (B/J Auto Sales) APPLICANT/PROPERTY OWNER: The applicant and owner is Glenn McElroy with McElroy Properties and the agent is Dennis DeSnoo. REQUEST: The applicant is requesting approval of a conditional use permit to permit a banquet hall, including the consumption of alcoholic beverages, within an existing industrial building. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2014- 05726. BACKGROUND: This 0.75-acre site located in the Industrial (I) zone is currently developed with a 15,251 square foot industrial building. The General Plan designates the site for Office-High, or high intensity office use. Surrounding land uses include industrial buildings to the west and south, the vacant A-Town Metro mixed-use project site to the north across Gene Autry Way, and the vacant Experience at Gene Autry mixed-use project site to the east. This request is the result of a Code Enforcement investigation as the property owner was holding private banquet events at the property without required building and land use permits. These events have been discontinued until such time that required permits are obtained. PROPOSAL: The applicant proposes to operate a banquet facility within an industrial building that is used to store vintage automobiles, antiques and other collectibles. The business would include a 7,958 square foot area used for automotive storage and display, a 1,945 square foot banquet area that includes a dance floor and bar area, o ffice space, and an indoor pond. No modifications to the exterior of the building are proposed. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05726 June 2, 2014 Page 2 of 3 The applicant's letter of request states that occasional private events are proposed, with up to 143 guests per event (Attachment 3). According to the applicant, an average of one banquet event would occur each month. Some events would include the consumption of alcoholic beverages that would be provided by a catering company using a Type 58 California Department of Alcoholic Beverage Control (ABC) license for catering services. All food service would also be provided by a catering company; therefore, no kitchen is proposed on the premises. Days and hours of operation would vary depending on the type of event; however, banquet events would typically occur during weeknight and weekend hours. The banquet facility would be used exclusively for private, non-profit charity events and is not open to the public for drop-in visitation or rental. Security staffing would be provided for each banquet event. ANALYSIS: The Zoning Code requires a conditional use permit for a banquet use with the consumption of alcoholic beverages at this location. The purpose of the conditional use permit is to ensure compatibility with surrounding uses. Because the facility is located in an industrial area, and activities will generally take place when surrounding businesses are closed, staff does not anticipate any conflicts with surrounding uses. However, as described below, the parking on-site is not adequate to meet the needs of the proposed use and additional parking will be provided off-site to compensate for the deficiency. The applicant proposes to host up to 143 attendees in the banquet hall. This occupancy is being proposed by the applicant based on the parking supply available on-site and through an off-site parking agreement. The Zoning Code does not specify a parking standard for banquet facilities. However, the estimated parking demand is 45 spaces based on an assumed 3.18 patrons per car. This ratio is consistent with the parking standard applied to other recently-approved banquet facilities in the city. These facilities appear to be operating with sufficient parking. In addition, the banquet facility will have up to 5 employees on-site during peak event periods, creating a total demand of 50 spaces for the banquet facility. The site contains a total of 37 parking spaces, resulting in a deficiency of 13 spaces. To address the deficiency, the applicant proposes to use an additional 13 spaces on the adjacent property to the west through a reciprocal parking agreement. The location of these off-site spaces is shown on submitted plans and the parking agreement is included as Attachment 5 to the staff report. Because the adjacent property is occupied by an industrial business and generally operates from 8:00 a.m. to 5:00 p.m. on weekdays, the banquet hall and industrial business have non-conflicting peak hours of operation. Because a total of 50 spaces would be available for the banquet hall through the off-site parking arrangements, and because the banquet facility would host primarily private charity and not-for-profit organizations that can control the number of attendees, staff believes the parking provided would be adequate to serve the demands of the facility. With the recommended conditions of approval, including requirements to provide security to deter loitering and alcohol consumption outside the facility, prevent programmed activities outside of the building, limit banquet event hours to end no later than midnight, and limit the maximum number attendees to 143 people, staff believes that the proposed use would be compatible with the surrounding industrial land uses and future nearby residential land uses in the Platinum Triangle. CONDITIONAL USE PERMIT NO. 2014-05726 June 2, 2014 Page 3 of 3 CONCLUSION: Staff believes that the banquet use within an existing industrial building is compatible with the adjacent existing and anticipated uses in the surrounding area. In addition, staff believes that there would be an adequate number of parking spaces available to support the proposed banquet hall because the facility would generally operate during the weeknights and weekends when the surrounding industrial businesses are closed. Staff recommends approval of this conditional use permit. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Letter of Request 4. Police Department Memorandum 5. Parking Agreement with adjacent property owner The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 6. Site Photos 7. Site and Floor Plans I (PTMU )IND U STRIAL I (PTM U )RETAIL I (PTMU )VACANT I (PTMU )VACANT I (PTMU )VAC AN T I (PTMU )IND U STRI AL I (PTM U )VAC AN T O-L (PTMU)VAC AN T I (PTM U )IND U STRI AL I (PTMU )VACANT I (PTMU )VAC AN T I (PTMU )VAC AN T I (PTMU )VACANT I (PTM U )IND U STRI AL I (PTMU )VACANT I (PTMU)VACANT I (PTM U )VAC AN T I (PTM U )VAC AN T I (PTMU )IND U STRI AL I (PTMU )IND U STRI AL I (PTM U )IND U STRI AL I (PTM U )OFFICE SO-L (PTMU )VACANT O-L (PTMU )OFFI CE SO-L (PTMU)OFFICE S I (PTM U )IND U STRI AL I (PTM U )IND U STRIAL 5 FREE W AY E GENE AUTRY WAY S SANTA CRUZ ST S MARKET STE STANFORD CTS WESTSIDE DRE TRIAD ST S ANAHEIM W AY S UNION STUNION STE TR IAD ST E. KATELLA AVE E. C ERRITOS AVE S. HASTER STS.M AN C HESTE R A VE E. C HAPMAN AV E S. STATE COLLEGE BLVDS.DOUGLASSRDS. CLEMENTINE ST130 0 Ea st Ge ne Aut ry W ay D E V 20 14 -0 00 1 1 Su bje ct Property APN: 083-290-94 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 5 FREE W AY E GENE AUTRY WAY S SANTA CRUZ ST GENE AUT RY WAY S MARKET STE STANFORD CTS WESTSIDE DRE TRIAD ST S ANAHEIM W AY S UNION STUNION STE TR IAD ST GENE AUTRY WAY E. KATELLA AVE E. C ERRITOS AVE S. HASTER STS.M AN C HESTE R A VE E. C HAPMAN AV E S. STATE COLLEGE BLVDS.DOUGLASSRDS. CLEMENTINE ST130 0 Ea st Ge ne Aut ry W ay D E V 20 14 -0 00 1 1 Su bje ct Property APN: 083-290-94 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2014-05726 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00011) (1300 EAST GENE AUTRY WAY) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Conditional Use Permit No. 2014-05726 to permit an accessory banquet hall, to include the consumption of alcoholic beverages, within an existing industrial building (herein referred to as the "Proposed Project") for certain real property located at 1300 East Gene Autry Way in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 0.75 acres, is developed with an industrial building. The Anaheim General Plan designates the Property for Office-High land uses. The Property is located within the Industrial (I) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against said proposed Conditional Use Permit No. 2014-05726, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 (Class 1 – Existing Facilities) of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2014-05726, does find and determine the following facts: 1. The request to permit the Proposed Project in the Industrial (I) Zone is properly one for which a conditional use permit is authorized by Section 18.10.030 (Conditionally Permitted Uses) of the Code. - 2 - PC2014-*** 2. The request to permit the Proposed Project would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is currently developed with an industrial building and a banquet hall is an appropriate accessory use within the warehouse; and 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 warehouse and there is no proposed expansion of the current use; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and there is adequate parking on and off-site (through a parking agreement) to accommodate the use; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project will be compatible with the surrounding industrial uses. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05726, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 3 - PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 2, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 June 2, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05726 (DEV2014-00011) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 60 DAYS OF APPROVAL OF THE PERMIT 1 An agreement to provide off-site parking on the property to the west, 1250 East Gene Autry Way, shall be entered into by the applicant and the owner of said adjacent property, which shall be in a form satisfactory to the City Attorney prior to its execution. Once approved by the City Attorney, said agreement shall be recorded in the Official Records of the County of Orange and shall remain in full force and effect at all times. Planning Department, Planning Services Division City Attorney 2 A security plan shall be submitted to the Police Department for review and approval prior to the operation of the banquet facility. Security measures shall deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 3 All required building permits shall be obtained for all banquet hall improvements inside the building. Planning Department, Building Division 4 The applicant shall prepare and submit to the City Attorney a document acceptable to the City Attorney that provides for termination of that certain Covenant and Agreement, recorded in the Official Records of the County of Orange as Instrument No. 2013000335194, which restricts the use and occupancy of the existing industrial building. Upon approval of the City Attorney, said document shall be recorded in the Official Records of the County of Orange. Planning Department, Planning Services Division 5 Managers and owners shall contact the California Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) training for themselves and service employees. Police Department - 6 - PC2014-*** OPERATIONAL CONDITIONS 6 The maximum occupancy of the banquet hall shall be limited to 143 attendees. Planning Department, Code Enforcement Division 7 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 8 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 9 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 10 The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. Police Department 11 No minor under the age of sixteen (16) years shall be allowed to attend any dance or event, unless accompanied by a parent or guardian. 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. Police Department 14 The business owner/operator shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 15 The business owner/operator 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 16 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 Police Department - 7 - PC2014-*** Business and Professions Code. This location shall not be operated as a night club. 17 Signs shall be posted in a prominent place at all exits of the premises, stating “No Open Containers of Alcoholic Beverages Beyond This Point.” Police Department 18 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 19 The hours of operation for the banquet hall shall be limited to 12 midnight seven days a week. Police Department 20 The applicant shall allow all patrons to self park. No valet parking or charging for parking shall be allowed on the premises. Public Works Department, Streets and Sanitation Division 21 The Property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. Planning Department, Code Enforcement Division GENERAL 22 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division 23 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division - 8 - PC2014-*** 24 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 EXISTINGPROPOSEDB OCCUPANCYOFFICESS-2 OCCUPANCYWAREHOUSEB OCCUPANCYOFFICESS-2 OCCUPANCYWAREHOUSEA-2ASSEMBLYCOVER SHEET2011-015T-1012011-15-2 MCELROY.dwg&RS\ULJKW‹E\3HWHU-0RNOHU $VVRFLDWHV,QFAll Rights Reserved.McELROY HOLDINGSC.U.P. ALTERATIONS1300 AUTRY WAYANAHEIM, CA 92805714.385.1522PJM1.22.14ALL WORK SHALL CONFORM TO THE FOLLOWING CODES:A) 2013 CALIFORNIA ADMINISTRATIVE CODEB) 2013 CALIFORNIA BUILDING CODE WITH APPENDIX,CHAPTER 1C) 2013 CALIFORNIA ELECTRIC CODED) 2013 CALIFORNIA MECHANICAL CODEE) 2013 CALIFORNIA PLUMBING CODEF) 2013 CALIFORNIA ENERGY CODEG) 2013 RESIDENTIAL CODEH) 2013 GREEN BUILDING STANDARDS CODEI) 2013 CALIFORNIA FIRE CODEJ) 2013 CALIFORNIA REFERENCED STANDARDS CODEK) 2013 CALIFORNIA EXISTING BUILDING CODEL) 2013 CALIFORNIA HISTORICAL BUILDING CODEM) ADOPTED LOCAL AMENDMENTSNORTHARCHITECTURALOCCUPANCY CLASSIFICATION: B,S2BUILDING TYPE: III-BNUMBER OF STORIES:1ACTUAL BUILDING HEIGHT:26'-0"BUILDING AREA:15,251 SQ. FT.C.B.C. ALLOWABLE AREA:19,000 SQ. FT. (B)26,000 SQ. FT. (S)AREA AND/OR HGT INCREASES: NONEFIRE SPRINKLERED:NONEFIRE ALARM:NONESMOKE CONTROL SYSTEM:NONETOTAL OCCUPANT LOAD:67YEAR OF CONSTRUCTION:1980HIGH FIRE HAZARD SEVERITY ZONE? NOEXISTING BUILDING STATISTICS :1. NONE1. NO CHANGES TO EXISTING TYPE III-B CONSTRUCTION.1. PLANS FOR FIRE SPRINKLERS CONFORMING TO NFPA 13 SHALL BESUBMITTED FOR APPROVAL PRIOR TO INSTALLATION.1.22.141ST SUBMITTALBUILDING CODE ANALYSIS1THIS PROJECT SHALL INCLUDE THE FOLLOWING FEATURES:1. NEW ACCESSIBLE BATHROOM FACILITIES TO BE CONSTRUCTEDWITHIN EXISTING SPACES. EXTERIOR AREA TO BE DEDICATED FORPORTABLE REST ROOMS TO ACCOMMODATE NON-COMMERCIALSPECIAL EVENTS.2. NEW ACCESSIBLE SHOWER FACILITY TO BE CONSTRUCTEDWITHIN EXISTING SPACE.3. CONVERT APPROXIMATELY 1,946 SQUARE FEET OF EXISTINGWAREHOUSE SPACE TO ASSEMBLY USE FORNON-COMMERCIALSPECIAL EVENTS TO CONFORM TO THE REQUIREMENTS OF ACONDITIONAL USE PERMIT.4. NEW FIRE SPRINKLERS SHALL BE INSTALLED THROUGHOUT.5. NEW EXITING FEATURES SHALL SPECIFICALLY SERVE THEPROPOSED DESIGNATED ASSEMBLY AREAS.STRUCTURAL:ESI/FME, INC.1800 E. 16TH ST. UNIT BSANTA ANA, CA 92701714-814-2119PROPERTY AREA32,962.81 S.F..757 AC.ZONEI - INDUSTRIALON-SITE PARKING37 SPACESCBC VAN ACCESSIBLE PARKING 2 SPACESPARCEL ANALYSIS (EXISTING)OCCUPANCY CLASSIFICATION: B,S2, A2BUILDING TYPE: III-BNUMBER OF STORIES:1ACTUAL BUILDING HEIGHT:26'-0"BUILDING AREA:15,251 SQ. FT.C.B.C. ALLOWABLE AREA:19,000 SQ. FT. (B)26,000 SQ. FT. (S)AREA AND/OR HGT INCREASES: NONEFIRE SPRINKLERED:YESFIRE ALARM:NONESMOKE CONTROL SYSTEM:NONETOTAL OCCUPANT LOAD:244 (SEE SHEET A-102)YEAR OF CONSTRUCTION:1980HIGH FIRE HAZARD SEVERITY ZONE? NOPROPOSED BUILDING STATISTICS :3.7.14PLANNING NOTESLIC.C-31169EX. 08/31/1524.17.14REVISED OCC LOADATTACHMENT NO. 7 CLNOPARKING1ABC32DABCD1ABC32DABCDSCALE: 1/16"=1'-0"NORTHSITE PLAN2011-015A-1012011-15-2 MCELROY.dwg&RS\ULJKW‹E\3HWHU-0RNOHU $VVRFLDWHV,QFAll Rights Reserved.McELROY HOLDINGSC.U.P. ALTERATIONS1300 AUTRY WAYANAHEIM, CA 92805714.385.1522PJM1.22.141.22.141ST SUBMITTAL1STRUCTURAL:ESI/FME, INC.1800 E. 16TH ST. UNIT BSANTA ANA, CA 92701714-814-21193.7.14PLANNING NOTES11LIC.C-31169EX. 08/31/1524.17.14REVISED OCC LOAD 1ABC2DABCD1ABC2DABCDSCALE: 1/8"=1'-0"NORTHOCCUPANCYFLOOR PLAN2011-015A-1022011-15-2 MCELROY.dwg&RS\ULJKW‹E\3HWHU-0RNOHU $VVRFLDWHV,QFAll Rights Reserved.McELROY HOLDINGSC.U.P. ALTERATIONS1300 AUTRY WAYANAHEIM, CA 92805714.385.1522PJM1.22.141.22.141ST SUBMITTAL1STRUCTURAL:ESI/FME, INC.1800 E. 16TH ST. UNIT BSANTA ANA, CA 92701714-814-21193.7.14PLANNING NOTESLIC.C-31169EX. 08/31/1524.17.14REVISED OCC LOAD1122 1ABC2DABCD1ABC2DABCDSCALE: 1/8"=1'-0"NORTHALTERATIONFLOOR PLAN2011-015A-1032011-15-2 MCELROY.dwg&RS\ULJKW‹E\3HWHU-0RNOHU $VVRFLDWHV,QFAll Rights Reserved.McELROY HOLDINGSC.U.P. ALTERATIONS1300 AUTRY WAYANAHEIM, CA 92805714.385.1522PJM1.22.141.22.141ST SUBMITTAL1STRUCTURAL:ESI/FME, INC.1800 E. 16TH ST. UNIT BSANTA ANA, CA 92701714-814-2119REST ROOM ALTERATION PLANSEE SHEET A-104ACCESSIBLE SHOWERALTERATION PLANSEE SHEET A-104PRIVATE BARALTERATION PLANSEE SHEET A-1043.7.14PLANNING NOTES1LIC.C-31169EX. 08/31/1524.17.14REVISED OCC LOAD CORRIDORWOMEN'S RESTROOM 1MEN'S RESTROOMWAREHOUSE3'-0"WOOD1 3/4"SWINGSEE NOTE 4ADA TOILETKOHLER (OR EQ.)TOP SPUD - PROVIDE VALVE, ALL CONNECTIONS FOR COMPLETE WORKING SYSTEMSEAT COVER DISP.B-221WHITE W/ POLISHED CHROMEK-3519 HIGHLINE (1.28 MAXgpf)SURFACE MOUNTED TOILET SEAT COVER DISPENSER, 48" MAX. TO TOP OF UNITBOBRICK (OR EQ.)TYPE 304 STAINLESS STEELB-2890SURFACE MOUNTED JUMBO TOILET TISSUE SINGLE DISPENSERTYPE 304 STAINLESS STEELPAPER DISPENSER BOBRICK (OR EQ.)B-6806SURFACE MOUNTED GRAB BAR SYSTEM - SEE ELEVATIONS FOR LENGTHS & HGTS.TYPE 304 STAINLESS STEELGRAB BARS BOBRICK (OR EQ.)SHOWER UNIT FLORSTONE (OR EQ.) 3-PC-35-62H (LEFT OR RIGHT)CBC APPROVED ACCESSIBLE SHOWER, SEE INSTALLATION MANUAL BEFORE FRAMINGWHITE GEL-COAT FIBERGLASSPAPER/DRYER BOBRICK (OR EQ.)B-38033RECESSED COMBO PAPER, WASTE, & AIR HAND DRYERTYPE 304 STAINLESS STEELLAVATORY SINK AMERICAN STANDARD 9141.011 4" CENTERSCBC APPROVED LAVATORY SINK, PROVIDE FINISHED OPERABLE UNITWHITE VITREOUS CHINALAVATORY FAUCET AMERICAN STANDARD7385.000CBC APPROVED LAVATORY FAUCET, PROVIDE FINISHED OPERABLE UNITSATIN NICKELSOAP DISPENSER BOBRICKB-4112SURFACE MOUNTED HAND SOAP DISPENSERTYPE 304 STAINLESS STEELLAVATORY MIRROR BOBRICKB-165-2436SURFACE MOUNTED MIRROR UNIT WITH STEEL FRAME 24" X 36"TYPE 304 STAINLESS STEELDOOR BUMPER BOBRICKB-687SURFACE MOUNTED STEEL & NEOPRENE RUBBER DOOR BUMPERTYPE 304 STAINLESS STEELEXISTINGEXISTING DOOR TO REMAINTILE FLOORING - PROVIDE $15 SQ. FT. ALLOWANCE1.1TILE WALL WAINSCOT 48" A.F.F. - TBD BY OWNER. PROVIDE $15 SQ. FT. ALLOWANCE (BACKING BYG.C., SEE WALL FINISH SCHEDULE ABOVE.)2.PATCH AND REPAIR EXISTING CONCRETE TO PRODUCE CLEAN, SEALED AND SAFE FINISHEDSURFACE.3.MATCH EXISTING INTERIOR WALL FINISH/COLORGREEN BOARD AT WET WALLSMATCH EXISTING ADJACENT INTERIOR FINISHWOOD7'-0"GREEN BOARD AT WET WALLSALL INTERIOR DRYWALL FINISH SHALL BE LIGHT "ORANGE PEEL", MATCH EXISTING.PAINT SPECIFICATION:INTERIOR WALL/CEILING - DUNN-EDWARDS DEXXXX "XXXX" - SEMI-GLOSSDOOR/TRIM - CLEAR COAT HARDWOOD, MATCH EXISTING8'-0"GREEN BOARD AT WET WALLSWOMEN'S RESTROOM 2ACCESSIBLE SHOWERTOILET SEAT KOHLER (OR EQ.)PROVIDE ALL COMPONENTS AND HARDWARE FOR COMPLETE WORKING SYSTEM.WHITEK-4664 HIGHLINE111332228'-0"8'-0"8'-0"7'-6"N.A.GREEN BOARD AT WET WALLSREUSE EXISTING DOOR. PROVIDE ACCESSIBLE DOOR HANDLE AND HARDWARE WITH LOCKINGHARDWARE OPERATED ON THE INTERIOR (REST ROOM) SIDE OF THE DOOR.4.REUSE EXISTING DOOR. PROVIDE SELF CLOSING MECHANISM WITH PANIC HARDWARE IN THEDIRECTION OF THE DOOR SWING.5.3'-0"WOOD1 3/4"SWINGSEE NOTE 5WOOD7'-0"URINALBY OWNERCONTRACTOR TO INSTALL FOR COMPLETE WORKING SYSTEMF.S.F.S.F.S.1ABC2DABCD1ABC2DABCDDETAIL PLANSCHEDULES2011-015A-1042011-15-2 MCELROY.dwg&RS\ULJKW‹E\3HWHU-0RNOHU $VVRFLDWHV,QFAll Rights Reserved.McELROY HOLDINGSC.U.P. ALTERATIONS1300 AUTRY WAYANAHEIM, CA 92805714.385.1522PJM1.22.141.22.141ST SUBMITTALSTRUCTURAL:ESI/FME, INC.1800 E. 16TH ST. UNIT BSANTA ANA, CA 92701714-814-2119SCALE: 1/4"=1'-0"NORTHSCALE: 1/4"=1'-0"SCALE: 1/4"=1'-0"SCALE: 1/4"=1'-0"SCALE: 1/2"=1'-0"LIC.C-31169EX. 08/31/1524.17.14REVISED OCC LOAD 1104 - WOMEN'S REST ROOM 12341105 - MEN'S REST ROOM 2234106 - MEN'S REST ROOM12341104 - WOMEN'S REST ROOM234112 - ACCESSIBLE SHOWER123PRIVATE BAR412356ACCESSIBLECOUNTERACCESSIBLECOUNTER116 -WAREHOUSE FACADE2CROSS SECTION OF WAREHOUSE FACADEOPEN KNEESPACEOPEN KNEE SPACE1ABC2DABCD1ABC2DABCDINTERIORELEVATIONS2011-015A-2012011-15-2 MCELROY.dwg&RS\ULJKW‹E\3HWHU-0RNOHU $VVRFLDWHV,QFAll Rights Reserved.McELROY HOLDINGSC.U.P. ALTERATIONS1300 AUTRY WAYANAHEIM, CA 92805714.385.1522PJM1.22.141.22.141ST SUBMITTALSTRUCTURAL:ESI/FME, INC.1800 E. 16TH ST. UNIT BSANTA ANA, CA 92701714-814-2119SCALE: 3/8"=1'-0"LIC.C-31169EX. 08/31/1524.17.14REVISED OCC LOAD 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 2, 2014 SUBJECT: VARIANCE NO. 2014-04966 AND CONDITIONAL USE PERMIT NO. 2014-05729 LOCATION: 1421 West Ball Road (Prince of Peace Lutheran Church) APPLICANT/PROPERTY OWNER: The applicant is Michael Leloo of Adimpact Corporate Signage and the property owner, Prince of Peace Lutheran Church, is represented by Roger Burtner. REQUEST: The applicant requests approval of a conditional use permit to construct a new monument sign with an electronic readerboard at an existing church. A variance is also requested because the Zoning Code requires a monument sign to be located two feet behind the ultimate right-of-way line on Ball Road and the sign would be located one foot behind the ultimate right-of-way line. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures) and denying Variance No. 2014-04966 and approving Conditional Use Permit No. 2014-05729. BACKGROUND: The 3.68-acre project site is located in the Transition (T) zone and is developed with a church. The site is designated for Medium Density Residential land uses by the General Plan. Surrounding uses include single-family residences to the north, west and south, across Ball Road; and a senior living facility to the east. Conditional Use Permit No. 62 was approved in 1960 to establish the church. In 1967 and 1989, the permit was amended to add and expand a private school. In 2004, Conditional Use Permit No. 2004-04921 was approved to permit a cellular telecommunication antenna disguised as a cross. In 2009, Conditional Use Permit No. 2009-05454 was approved to permit a telecommunication antenna disguised as a pine tree. VARIANCE NO. 2014-04966 AND CONDITIONAL USE PERMIT NO. 2014-05729 June 2, 2014 Page 2 of 3 PROPOSAL: The applicant proposes to remove an existing monument sign and construct a new monument sign containing an electronic readerboard. The monument sign would be eight feet tall and six feet, nine inches wide and would be 54 square feet in size. The sign includes a two foot high base with the property address. The electronic readerboard portion of the sign would be 15 square feet and located near the top of the sign. The readerboard would display church and school related events and activities. The monument sign would also display the name of the church and school in static letters. The sign would be located in a landscape planter adjacent to Ball Road and would be set back one foot from the property line. ANALYSIS: The Zoning Code allows churches to display electronic readerboard signs, subject to approval of a conditional use permit to determine whether the use is compatible with surrounding land uses. The following is staff’s analysis and recommendations on the requested project: Variance: The Zoning Code requires that all monument signs be located at least two feet from the ultimate right-of-way of adjacent streets. A variance is required because the proposed sign would be located one foot from the ultimate right-of-way. The right of way for Ball Road measures 53 feet from the centerline of the street. The original sign met all Zoning Code requirements when it was constructed in 1959. However, the subsequent widening of Ball Road reduced the landscape setback on the church property and created the existing two-foot encroachment of the existing sign into the public right-of-way. The applicant has submitted a letter of justification indicating that the variance is requested because there would be a lack of visibility to the sign from Ball Road if the sign were located two feet behind the ultimate right-of-way. The letter states that the existing shrubs located in the landscape planter along Ball Road make it difficult to see a sign in the planter. Although the Zoning Code requires a hedge with a maximum height of three feet in the landscape setback, staff believes the content of the proposed sign would be visible because the sign would be eight feet high. The sign has a two foot high base and the electronic readerboard portion of the sign is located near the top of the sign. The proposed sign is approximately two feet higher than the existing sign. There are no physical site characteristics such as topography, size, shape or location relating to this site to justify approval of a variance. Therefore, staff is not supportive of the requested variance and believes that the content of the sign would be visible to the street with the required two foot setback and continued maintenance of the existing hedge. Conditional Use Permit: A conditional use permit is required for the electronic readerboard portion of the sign. This is to ensure that the illumination and potential glare associated with the readerboard does not negatively impact adjacent sensitive uses. The electronic readerboard would be two feet, six inches high and six feet wide and would be located near the top of the monument sign. The readerboard would contain three lines of letter copy and would be illuminated with LED lights. The readerboard would be used to display church and school related events and activities. VARIANCE NO. 2014-04966 AND CONDITIONAL USE PERMIT NO. 2014-05729 June 2, 2014 Page 3 of 3 The proposed readerboard sign would be located approximately 135 feet east of the single-family residences on Hampstead Street, approximately 200 feet west of the Walnut Village retirement facility on Ball Road, and approximately 110 feet north of the single-family residential properties on the south side of Ball Road. The proposed sign would be visible to residences on Ball Road and to two residences on Hampstead Street west of the sign. The sign would not be visible from the single-family residences to the north because the sign would be screened by the church building. The sign would be lit from 7:00 a.m. to 10:00 p.m. Because of the small size of the electronic readerboard portion of the sign, the distance from adjacent residential uses and the proposed limitations on the hours of illumination, staff believes that the electronic readerboard would not negatively impact the surrounding residential land uses. Staff received one phone call and one email opposing the conditional use permit. The email indicates that the writer is opposed to the granting of any additional entitlements for the church because the church has not worked with the neighborhood to address complaints regarding the hours of maintenance work on telecommunication antennas that have been constructed on the property. The property has two cell antenna facilities. Code Enforcement records show that a complaint was received in 2012 regarding construction and/or repair noise and light in the middle of the night. The case was investigated and closed and the complainant was asked to report any further activities to code enforcement. No further complaints have been received. The Municipal Code limits hours of construction and repair to 7:00 a.m. to 7:00 p.m. and night time construction would be a violation of the Municipal Code. Staff has shared the comments received with the applicant and will take any steps necessary to ensure that such violations do not occur in the future. CONCLUSION: Staff does not believe there is justification based on site characteristics to support the granting of the variance for the required location of the sign and therefore recommends denial of the variance. Staff does believe the proposed electronic readerboard sign is compatible with adjacent land uses and recommends approval of the conditional use permit, subject to the recommended conditions of approval contained in the attached draft resolution. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution Denying Variance 3. Draft Resolution Approving Conditional Use Permit 4. Request Letter 5. Email in opposition The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 6. Site Plan 7. Photos 8. Sign Plans TRELIGIOU S US E RS-2SFR RS-2SFR RS-2SFR RM-4ACACIAWOOD VI LLA GE APA RTMENTS123 DU RM-4WALNUT MA NO R R ETIR EMEN TCOMMUNITY TRELIGIOU S US E RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RM -4APTS5 DU RM-4APTS5 DU RM-4APTS5 DU RM -4APTS5 DU RS-2SFR RS-2SFR RS-2SFR TBALL J UN IORHIGH SC HOOL RS-3SFR RS-3SFR RS-2SFR RS-2SFR RS-2SFR TSFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RM-4TRIPLE XRM-4FOURPLE X RS-2SFR RS-2SFR RS-2SFR W BALL RDS GILBUCK DRS HAMPSTEAD STW B EACO N AV E W C H ATE AU AV E W C OLO N IAL AVE S FEATHER STS HAMPSTEAD STW. BALL RDS. EUCLID STW. BROADWAY S. WALNUT STS. HARBOR BLVDW. CERRITOS AV E S.M A N C H E S T E R AVES. DISNEYLAND DR142 1 W es t Bal l R oa d D E V 20 14 -0 00 1 7 Su bje ct Property APN: 036-072-27 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 W BALL RDS GILBUCK DRS HAMPSTEAD STW B EACO N AV E W C H ATE AU AV E W C OLO N IAL AVE S FEATHER STS HAMPSTEAD STW. BALL RDS. EUCLID STW. BROADWAY S. WALNUT STS. HARBOR BLVDW. CERRITOS AV E S.M A N C H E S T E R AVES. DISNEYLAND DR142 1 W es t Bal l R oa d D E V 20 14 -0 00 1 7 Su bje ct Property APN: 036-072-27 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2014-04966 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00017) (1421 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve Variance No. 2014-04966 to permit the construction, operation and use of a new monument sign with an electronic readerboard display in conjunction with an existing church facility with a smaller setback adjacent to the ultimate street right-of-way than allowed by the Zoning Code (herein referred to as the "Proposed Project") for that certain real property located at 1421 West Ball Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, Variance No. 2014-04966 is proposed in conjunction with a verified petition to approve Conditional Use Permit No. 2014-05729 to permit a new monument sign with an electronic readerboard display for the Property; and WHEREAS, the Property, consisting of approximately 3.7-acres, is developed with a church. The Property is located in the T (Transition) Zone. The Anaheim General Plan designates the Property for Medium Density Residential land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the “Code”), to hear and consider evidence for and against proposed Variance No. 2014-04966 and Conditional Use Permit No. 2014-05729 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 Variance No. 2014-04966 to permit a new monument sign with less than the setback from the ultimate public right-of-way, as required by the Code, should be denied for the following reasons: SECTION NO. 18.44.080.090 Permitted Location of Freestanding or Monument Sign. (2-feet required from the ultimate right-of- way; 1-foot proposed from the ultimate right-of-way) - 2 - PC2014-*** 1. There are no special circumstances applicable to the Property relating to size, shape, topography, location or surroundings, which are found to exist on other property under the identical zoning classification in the vicinity of the Property. The existing landscape planter on the Property is large enough to allow construction of the proposed monument sign and provide the required two-foot setback from the ultimate right of-way in compliance with the Zoning Code; and 2. The strict application of the Zoning Code would not deprive the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity of the Property. There are no unique physical site characteristics such as topography, size, shape or location relating to this site of the proposed monument sign on the Property. Further, the existing landscape planter is large enough to allow construction of the sign in compliance with the Zoning Code and an eight-foot high monument sign over a two-foot high base would be fully visible from both directions on Ball Road. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby deny Variance No. 2014-04966. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 2, 2014. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130 (Appeals – Planning Commission Decisions) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 June 2, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** [DRAFT] ATTACHMENT NO. 3 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05729 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00017) (1421 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve Conditional Use Permit No. 2014-05729 to permit a new monument sign with an electronic readerboard display in conjunction with the church facility (herein referred to as the "Proposed Project") for that certain real property located at 1421 West Ball Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, Conditional Use Permit No. 2014-05729 is proposed in conjunction with a verified petition to approve Variance No. 2014-04966 to permit the proposed new monument sign to be located one foot from the ultimate right-of-way of Ball Road, instead of being located at least two feet from the ultimate right-of-way, as required under the Zoning Code of the City of Anaheim; and WHEREAS, the Property, consisting of approximately 3.7-acres, is developed with a church. The Property is located in the T (Transition) Zone. The Anaheim General Plan designates the Property for Medium Density Residential land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the “Code”), to hear and consider evidence for and against proposed Conditional Use Permit No. 2014-05729 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and 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 conditional use permit, does find and determine the following facts: - 2 - PC2014-*** 1. The applicant’s proposal to construct an electronic readerboard sign in the T (Transition) Zone is properly one for which a conditional use permit is authorized under Section 18.44.050.010.0101 of the Code. 2. The construction, operation and use of an electronic readerboard sign for an existing church facility at the Property would be compatible with the surrounding area and would not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because (a) the proposed sign will not be visible to residences to the north; (b) the sign is proposed to be lit from 7:00 a.m. to 10:00 p.m.; and, (c) the readerboard portion of the sign is a 15½ square foot portion of a 40 square foot monument sign. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the electronic readerboard sign in a manner not detrimental to the particular area or health and safety because (a) the proposed sign will not be visible to residences to the north; (b) the sign is proposed to be lit from 7:00 a.m. to 10:00 p.m.; and (c) the readerboard portion of the sign is a 15½ square foot portion of a 40 square foot monument sign. 4. The traffic generated by the request will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with the existing church facility and the proposed electronic readerboard sign will not increase traffic generated to the Property. 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. The church has operated in this location since 1959 and has proven to be a compatible use in the area. The replacement of an existing monument sign and the addition of a monument sign with an electronic readerboard in the same location would be consistent and compatible with surrounding uses. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05729, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. - 3 - PC2014-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 2, 2014. 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. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 June 2, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05729 (DEV2014-00017) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The property owner shall demonstrate that these lots were legally created. If it cannot be proven that these are legal lots, then the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder. Public Works, Development Services OPERATIONAL 2 The electronic readerboard shall only be illuminated between the hours of 7:00 a.m. to 10:00 p.m., daily. Planning Department, Code Enforcement GENERAL 3 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department 4 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning Department 5 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 No. 1 (Site Plan) and Exhibit No. 2 (Sign Plans), and as conditioned herein. Planning Department ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 ATTACHMENT NO. 8 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 2, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05731 LOCATION: 5655 East La Palma Avenue, Unit #155 (Curry Out Restaurant) APPLICANT/PROPERTY OWNER: The applicant is Nikita Handa representing Curry Out Restaurant and the property owner is DeBeikes Investment Company, represented by Richard A. DeBeikes, Jr. REQUEST: The applicant requests the approval of a conditional use permit to allow the sale of beer and wine for on premises consumption within an existing restaurant in a commercial center. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 2014-05731. BACKGROUND: This 4.39-acre property is developed with a commercial center including four stand-alone buildings. The restaurant is within the western most building on the parcel. The retail center is located in the Northeast Area Specific Plan, Development Area 5 - Neighborhood Commercial zone (SP94-1, DA5). The General Plan designates the site for General Commercial land uses. Surrounding land uses include railroad tracks to the north, townhomes and a retail center to the east across Imperial Highway, a service station and retail center south across La Palma Avenue, and a movie theater to the west. PROPOSAL: The applicant proposes to sell beer and wine in conjunction with an existing 2,000 square foot restaurant. No physical changes to the restaurant space are proposed. The restaurant provides a full lunch and dinner menu seven days a week, with daily hours of operation from 11:00 a.m. to 9:00 p.m. Sunday through Thursday and from 11:00 a.m. until 9:30 p.m. Friday and Saturday. ANALYSIS: The Zoning Code requires a conditional use permit to authorize the sale of beer and wine in a restaurant in order to ensure compatibility with the surrounding uses. A determination of public convenience or necessity is not required for restaurants serving beer and wine. The restaurant is within a commercial center with similar restaurants, retail businesses and office uses. There are presently four other restaurants with on-sale alcohol licenses in the commercial center. CONDITIONAL USE PERMIT NO. 2014-05731 June 2, 2014 Page 2 of 3 The State Department of Alcoholic Beverage Control (ABC) bases the number of permitted alcohol licenses on the population in the census tract. This property is located within Census Tract No. 218.13 which has a population of 25 residents. Because of this low population figure, this census tract allows for zero on-sale licenses and presently there are eight licenses within the tract. A zero license allowance is not unusual for concentrated commercial areas with a low residential population within the city. The commercial center has operated successfully with four on-sale alcohol licenses without generating excessive demand for city services or causing negative impacts to the surrounding area. The location is within Police Reporting District No. 1239 which has a crime rate that is below the citywide average; but the crime rate within ¼ mile of this property is 28% above the citywide average based upon calls for service. There have been no calls for service to this business location in the last year. Calls for service to this commercial center during the past year consisted of 15 petty thefts, 10 simple assaults, 10 vandalism reports, and 10 auto thefts. Staff does not anticipate that the addition of beer and wine sales at this location would contribute to an increase in crime. There are no outstanding Code Enforcement violations associated with the subject property. Staff conducted an inspection of the property and found it to be well maintained. Staff believes the sale of beer and wine would be compatible with the surrounding area because this is a predominantly commercial location consisting of other restaurants, retail uses and a multi-screen movie theater. Conditions of approval to help ensure that the business is operated in a responsible manner have been attached to the draft resolution. These conditions include a prohibition on any exterior advertising of alcoholic beverages and require ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees. CONCLUSION: The sale of beer and wine for on-premise consumption is consistent with the operational characteristics of the commercial center. Therefore, staff recommends approval of this request, subject to the recommended conditions of approval contained in the attached draft resolution. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Letter of Operation 4. Police Memorandum The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. CONDITIONAL USE PERMIT NO. 2014-05731 June 2, 2014 Page 3 of 3 5. Site Photographs 6. Plans (Site and Floor Plans) SP 94-1 (SC)DA5RETAILSP 94-1 (SC)DA5O.C.F.C .D . C-G (SC)VACANT RM-4 (SC)CANYO N VILLAGEAPARTMENTS198 DU C-G (SC)RES TAURA NT SP 94-1 (SC)DA2RELIGIOUS USE SP 94-1 (SC)DA5CINEMACITYTHEATER C-G (SC)RETAIL C-G (SC)BEST W ES TERNANAHEIM H IL LS SP 94-1 (SC)DA2CANYO NOFFICECENTER SP 94-1 (SC)DA2CANYO NOFFICECENTER SP 94-1 (SC)DA 2INDUSTRIAL SP 94-1 (SC)DA5RETAIL SP 94-1 (SC)DA5SERVICE STATION C-G (SC)BEST W ES TERNANAHEIM H IL LS C-G (SC)RETAIL SP 94-1 (SC)DA5BANK E LA PALMA AVE N IMPERIAL HWYE ORANGETHORPE AVE E SP E R AN Z A R D VISTA LOMAN VIA BREVEE. LA PALMA AVE N.IMPERIAL H W YE .S A N T A A N A C ANYO NRDE. ORANGETHORPE AVE E . S A N TA A N A C A N Y O N R D E .LAPALMAAVE565 5 Ea st La Palm a Ave nu e D E V 20 14 -0 00 2 1 Su bje ct Property APN: 346-281-06 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 E LA PALMA AVE N IMPERIAL HWYE ORANGETHORPE AVE E SP E R AN Z A R D VISTA LOMAN VIA BREVEE. LA PALMA AVE N.IMPERIAL H W YE .S A N T A A N A C ANYO NRDE. ORANGETHORPE AVE E . S A N TA A N A C A N Y O N R D E .LAPALMAAVE565 5 Ea st La Palm a Ave nu e D E V 20 14 -0 00 2 1 Su bje ct Property APN: 346-281-06 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 CIty of Yorba Linda CIty of Anaheim [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05731 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00021) (5655 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for Conditional Use Permit No. 2014-05731 to permit beer and wine service for on-premises consumption in conjunction with an existing restaurant within an existing commercial retail center (the "Proposed Project"). The commercial center is located at 5655 East La Palma Avenue in the City of Anaheim, County of Orange, State of California. The location of the commercial center is depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 4.39-acres, is developed with a commercial retail center including four freestanding buildings. The restaurant (Curry Out) is located at the western most building on the parcel and is approximately 2,000 square feet. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located in the Commercial Area (Development Area 5) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards described in Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP94-1) Zoning and Development Standards) of the Anaheim Municipal Code (the “Code”) combined with the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2014, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2014-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the sale of beer and wine service for on-premises consumption in conjunction with an existing restaurant within an existing commercial retail center does find and determine the following facts: 1. The request to permit beer and wine service for on-premises consumption in conjunction with an existing restaurant within an existing commercial retail center in the Commercial Area (Development Area 5) of the Northeast Area Specific Plan Area is properly one for which a conditional use permit is authorized by subsection .050.0522 of Section 18.120.100 (Land Use and Development Standards – Commercial Area (Development Area 5)) of the Code. 2. The request to permit beer and wine service for on-premises consumption in conjunction with an existing restaurant would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is currently developed with a commercial retail center and the existing use is compatible with the surrounding area; and 3. The size and shape of the site is adequate to allow the full development of the existing use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail center and there is no proposed expansion; and 4. The traffic generated by permitting beer and wine service for on-premises consumption in conjunction with 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 Property are consistent with the existing commercial use of the Property and the permitted businesses within the commercial center; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Property is a commercial center which allows restaurant businesses and the existing restaurant is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05731, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of a portion of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 3 - PC2014-*** BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 June 2, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 June 2, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of June, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05731 (DEV2014-00021) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The existing restaurant shall be operated in accordance with the Letter of Operation submitted as part of this application. Any changes to the business operation as described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. Planning Department, Code Enforcement Division 2 All activities related to the use shall occur indoors, except as may be permitted by an authorized Special Event Permit. Planning Department, Code Enforcement Division 3 There shall be no admission fee, cover charge, or minimum purchase required. Police Department 4 At all times when the premises is open for business, the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. Police Department 5 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police Department 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 Department 7 There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 8 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) Police Department - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 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 10 Windows of restaurant shall not be covered by advertising to the extent that the interior is not clearly visible from the outside to enable officers responding to potential emergency situations to observe any activity which may be occurring inside. Police Department 11 Parking lots, driveways, circulation area, aisles, passageways, recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises during the hours of drkness and provide a safe, secure environment for all persons, property, and vehicles onsite. Police Department 12 Prior to the sales of alcoholic beverages, the business manager or owner shall call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. Police Department GENERAL CONDITIONS 13 The applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning Department 14 The premises shall be developed substantially in accordance with plans and specifications submitted to and reviewed and approved by the City of Anaheim, which plans are on file with the Planning Department marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). Planning Department ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 2, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05715 LOCATION: 1380 South Sanderson Avenue (The Church of the Southland) APPLICANT/PROPERTY OWNER: The applicant is David Choye, representing The Church of the Southland, and the property owner is Air Conditioning and Refrigeration Industry Building Corporation. REQUEST: The applicant requests approval of a conditional use permit to permit the conversion of an existing two-story church building to offices and construct a single-story sanctuary. DISCUSSION: The applicant has submitted a request to continue this hearing to the June 16, 2014, Planning Commission meeting in order to allow time for staff to re-notice the public hearing and complete its analysis. RECOMMENDATION: Staff recommends that this hearing be continued to the June 16, 2014, Planning Commission meeting. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Applicant’s Request for Continuance C-GSOUTH C OA STCOLLEGE O FCOURT REP OR TIN G RAI LROAD C-GPHOENIX C LU B C-GMITSUBIS HIAUTO D EALER C-GHARDIN HO N DA C-GVACANT C-GHARDIN BU ICKPONTIAC GMC C-GRANCHO D EL R IO(H O RSE S) C-GSOUTH COA STCOLLEGE OFCOURT REP OR TIN G C-GSATURNAUTO D EALER C-GHARDIN HO N DA C-GHARDIN BU ICKPONTIAC G MC T (M H P)SUN KI ST GARD EN SMOBILEHOME PAR K 57 FREEWAY57 FREEWAYS AU TO CEN T ER D R S SANDERSON AVE E LA RK EL LE N LN E. BALL RD E .K A T ELLA AV E S. SUNKIST STS. STATE COLLEGE BLVDE.CER R IT O S A V ES.EASTST138 0 So uth San de rso n Av en ue D E V 20 13 -0 01 2 8 Su bje ct Property APN: 253-631-08 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 57 FREEWAY57 FREEWAYS AU TO CEN T ER D R S SANDERSON AVE E LA RK EL LE N LN E. BALL RD E .K A T ELLA AV E S. SUNKIST STS. STATE COLLEGE BLVDE.CER R IT O S A V ES.EASTST138 0 So uth San de rso n Av en ue D E V 20 13 -0 01 2 8 Su bje ct Property APN: 253-631-08 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 ATTACHMENT NO. 2 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 6 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 2, 2014 SUBJECT: RECLASSIFICATION NO. 2013-00254 CONDITIONAL USE PERMIT NO. 2013-05720 TENTATIVE TRACT MAP NO. 17700 LOCATION: 1619 South Euclid Street APPLICANT/PROPERTY OWNER: The applicant and property owner is Silveroak Capital Corporation, represented by Jeff Weber. REQUEST: The applicant requests approval of the following applications: 1) A Zoning Reclassification, or rezoning, of the property from the Transition (T) zone to the Single Family Residential (RS-4) zone; 2) A Conditional Use Permit to permit an 8-unit, detached, small-lot single family residential project with modifications to development standards; and, 3) A Tentative Tract Map to establish a 10-lot residential subdivision. DISCUSSION: The applicant has submitted a request to continue this hearing to the June 16, 2014, Planning Commission meeting in order to allow time for staff to complete its analysis of the project. RECOMMENDATION: Staff recommends that this hearing be continued to the June 16, 2014, Planning Commission meeting. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Applicant’s Request for Continuance TNURSE RY TCATERING BUSIN ESS T (MH P)DEL PRA DO M OB IL EH OM E PAR K C-GWESTVIE WVOCATIONAL SE RVIC ES C-GMEDICAL OFFIC E RS-2SINGLE FAMILY RE SID EN CE C-GMEDICA LOFFICE C-GRETAIL RS-2SFR RM-2SARATO GATOWNHOMES178 DU TNURSE RY TRETAIL T (MH P)DEL PRA DO M OB ILEH OM E PAR K T (MH P)DEL PRA DO M OB IL EH OM E PAR K TNURSE RYTSOUTHERN CALIFOR NIA EDIS ON E ASEM ENT RS-2SINGLE FAMILY RE SIDENCE RS-2SINGLE FAMILY RE SID EN CE RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-2SFR RS-3SFR RS-3SFR RS-3SFR RS-3SFRRS-3SFR RS-2SFR RS-2SFR RS-2SFR S EUCLID STW CRIS AV E W ME LLS LN W C RESTW OOD LN S INEZ WAYS VARNA STS MELISSA WAYS POUNDERS LNS JERINNE STW CRIS AV E S POUNDERS LNDEL PRADO MHO W. BALL RD W. KAT ELLA AVES. EUCLID STS. WALNUT STW. CERRITOS AV E S. BROOKHURST STS.NINTHSTS. DISNEYLAND DR161 9 So uth Euc li d Stre et D E V 20 13 -0 00 5 6 Su bje ct Property APN:128-522-35 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 S EUCLID STW CRIS AV E W ME LLS LN W C RESTW OOD LN S INEZ WAYS VARNA STS MELISSA WAYS POUNDERS LNS JERINNE STW CRIS AV E S POUNDERS LNDEL PRADO MHOW. BALL RD W. KAT ELLA AVES. EUCLID STS. WALNUT STW. CERRITOS AV E S. BROOKHURST STS.NINTHSTS. DISNEYLAND DR161 9 So uth Euc li d Stre et D E V 20 13 -0 00 5 6 Su bje ct Property APN:128-522-35 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 ATTACHMENT NO. 2 200 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.