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PC 2014/08/11
City of Anaheim Planning Commission Agenda Monday, August 11, 2014 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: John Seymour • Chairman Pro-Tempore: Michelle Lieberman • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell, Bill Dalati, Victoria Ramirez • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • 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, August 7, 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 08/11/14 Page 2 of 7 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 08/11/14 Page 3 of 7 Public Hearing Items ITEM NO. 2 VARIANCE NO. 2014-04967 (DEV2014-00044) Location: 122 South Euclid Avenue Request: To allow wall signs for an existing retail shoe store advertising specific brands of merchandise and exceeding the number and size of permitted signs. 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. Continued from the June 30, 2014 and July 28, 2014, Planning Commission meetings. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2014-05740 (DEV2014-00057) Location: 1515 West North Street Request: To permit a 50-foot high, Wireless Communications Facility, designed as a monopalm, at a community center. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 11 (Accessory Structures) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net 08/11/14 Page 4 of 7 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2014-05741 (DEV2014-00059) Location: 5000 East Landon Drive Request: To permit a 60-foot high, Wireless Communications Facility, designed as a monopalm, at an industrial property. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 11 (Accessory Structures) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 5 GENERAL PLAN AMENDMENT NO. 2014-00496 RECLASSIFICATION NO. 2014-00269 (DEV2014-00045) Location: 1710 – 1730 South Anaheim Way Request: To amend the General Plan Land Use designation from Parks to Industrial for an industrial property previously proposed as a park site; remove the Park designation from figures in the General Plan Land Use, Circulation and Green Elements; and, rezone two of the four parcels from the Commercial (C-G) zone to Industrial (I) zone. Environmental Determination: The Planning Commission will consider whether a Mitigated Negative Declaration is the appropriate environmental documentation for this request under the California Environmental Quality Act. Resolution No. ______ Resolution No. ______ Project Planner: Elaine Thienprasiddhi ethien@anaheim.net 08/11/14 Page 5 of 7 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2014-05735 (DEV2014-00040) Location: 310 West Broadway Request: To permit a preschool/elementary school in conjunction with an existing church facility for up to 100 students. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Gustavo Gonzalez ggonzalez@anaheim.net ITEM NO. 7 TENTATIVE PARCEL MAP NO. 2014-100 (DEV2014-00027) Location: 441 South Peralta Hills Drive Request: To establish a 2-lot residential subdivision. 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 15 (Minor Land Divisions) Categorical Exemption. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 08/11/14 Page 6 of 7 ITEM NO. 8 CONDITIONAL USE PERMIT NO. 2014-05727 VARIANCE NO. 2014-04977 (DEV2014-00012) Location: 198 West Cerritos Avenue Request: To permit the sales of alcoholic beverages in a restaurant and to permit and retain an outdoor smoking lounge with fewer parking spaces than required by Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net Adjourn to Thursday, August 14, 2014 at 3:00 p.m., to the special meeting – Anaheim Regional Transportation Intermodal Center (ARTIC) tour. Following the ARTIC tour, the meeting will adjourn to the regularly scheduled meeting of August 25, 2014 at 5:00 p.m. 08/11/14 Page 7 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:45 p.m. August 6, 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: AUGUST 11, 2014 SUBJECT: VARIANCE NO. 2014-04967 LOCATION: 122 South Euclid Street (WSS Shoes) APPLICANT/PROPERTY OWNER: The applicant is Robert Grosse of WSS Shoes and the property owner, First Realty Management, is represented by Morris Sands. REQUEST: The applicant requests approval of a variance to allow wall signs for an existing retail shoe store, exceeding the number and size of permitted signs. The applicant is also requesting a variance to allow the advertising of specific brands of merchandise. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures) and approving Variance No. 2014-04967. BACKGROUND: The 1.4-acre property is located in the General Commercial (C-G) zone and is developed with a 3-unit retail center. The site is designated for General Commercial land uses by the General Plan. Surrounding uses include retail businesses to the north, south and west, across Euclid Street; and apartments to the east. This application was filed as a result of a complaint received by Code Enforcement regarding the installation of wall signs without required building permits. This hearing was continued from the June 30th and the July 28th Planning Commission meetings in order for the applicant to work with staff on an alternative wall sign design. PROPOSAL: The applicant has submitted revised plans showing two wall signs on the west elevation, facing Euclid Street, with a combined area of 108 square feet. The primary sign advertises the name of the business and the second sign includes three shoe brand logos. A total of 15 unpermitted signs would be removed from the building. ANALYSIS: A variance is required because the proposed wall signs do not meet the Code with regards to the number, size and content of permitted signs. The following is staff’s analysis of the requested sign variance: 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net VARIANCE NO. 2014-04967 August 11, 2014 Page 2 of 2 Number of Signs: Retail businesses that have more than one building elevation are permitted one wall sign for each elevation facing a street, or a parking lot with a main entrance. The west elevation faces Euclid Street. The east elevation faces the store’s parking lot and contains an entrance to the store. Therefore, one wall sign is allowed on each of these elevations for a total of two signs for the business. Rather than having a sign facing the rear parking lot, the applicant proposes to remove all signs facing the rear of the business, including an existing permitted wall sign, and replace it with one additional sign facing Euclid Avenue. The two signs would be grouped together and centered above the main entrance of the building. Businesses with building elevations greater than 100 lineal feet are allowed to have three wall signs. Since this business has a 90 foot long building elevation, staff believes that two wall signs on the west elevation would be appropriate for the scale and mass of the building. Size of Signs: The maximum size of wall signs per building elevation is one square foot of sign area per lineal foot of building elevation. The west building elevation facing Euclid Street is 90 lineal feet; therefore, the business may have 90 square feet of sign area. The combined sign area of the two proposed signs is 108 square feet. The applicant recently remodeled the building, increasing the height of the building parapet wall to accommodate additional sign area. Because of the increased height of the building, staff believes the additional sign area is in scale with the building and would not result in the appearance of excessive signage. Sign Content: The Zoning Code allows signs to identify the name of the business and general services provided. Promotional messages and specific products or services rendered are not permitted. The intent of this limitation of sign content is to avoid excessive display of signs advertising individual brands and promotional events within a business. The applicant has submitted a letter of justification indicating that the second wall sign containing logos is necessary to represent a select number of brand partners. The three logos would be relocated and grouped together to create the appearance of one sign. Staff believes that the new design and location of the logos creates a much cleaner appearance than originally proposed. Staff believes that one additional wall sign advertising specific brands of merchandise is appropriate for the size of this retail shoe store. CONCLUSION: Staff believes that the proposed signs are appropriate for the size, scale and design of the retail building. The proposed sign plans represent a significant improvement in the signs proposed for the business. Therefore, staff recommends approval of the sign variance. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Variance Resolution 3. Request Letter The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Revised Sign Plans C-GRETAIL RM-4GEI LIN GAPARTMENTS41 D U IINDUSTRI AL RM-4PAMPAS L AN E APA RTMEN TS40 D U RM-4PAMPASAPARTMEN TS77 D U RM-4PALM WES TAPTS20 D U TLOARAELEMENTARYSCHOOL C-GRETAIL C-GRELIGIOUS US E C-GRETAIL C-GMEDICA LOFFICE RM-4HAWAIIA NAPTS30 D U RM-4PARK PLACEAPTS20 D U C-GVACANT C-GRETAIL C-GRETAIL C-GSERVICE STATI ON C-GRETAIL C-GRETAIL C-GRETAILC-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAILC-GRETAIL TINDUSTRIAL C-GVACAN T C-GRETAIL C-GRETAIL C-GCAR WAS H W LIN COL N AVE S EUCLID STN EUCLID STW PA M PA S LNN EUCLID WAYW. LINCOLN AVE W. BROADWAY S. EUCLID STN. EUCLID STS. BROOKHURST STN. HARBOR BLVDS. WALNUT STN. BROOKHURST STS. M A N C H E S T E R A V EN. LOARA ST122 Sou th Euc lid Str ee t D E V 20 14 -0 00 4 4 Su bje ct Property APN: 250-091-17 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 W LIN COL N AVE S EUCLID STN EUCLID STW PA M PA S LNN EUCLID WAYW. LINCOLN AVE W. BROADWAY S. EUCLID STN. EUCLID STS. BROOKHURST STN. HARBOR BLVDS. WALNUT STN. BROOKHURST STS. M A N C H E S T E R A V EN. LOARA ST122 Sou th Euc lid Str ee t D E V 20 14 -0 00 4 4 Su bje ct Property APN: 250-091-17 ATTACHM ENT NO. 1 °0 50 10 0 Feet Ae ria l Pho to :Ma y 20 13 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2014-04967 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00044) (122 SOUTH EUCLID AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve proposed Variance No. 2014-04967 to allow wall signs in conjunction with an existing shoe store that do not meet the Zoning Code in relation to content, number and size (sometimes referred to herein as the "Proposed Project") for certain premises located within a commercial retail center commonly known as 122 South Euclid Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the premises for which Variance No. 2014-04967 is proposed is located within a commercial retail center, 1.4 acres in size. The Property is located in the C-G (General Commercial) Zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 11, 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. 2014-04967 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 15311 (Class 11 – Accessory Structures) of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2014-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to proposed Variance No. 2014-04967 to allow wall signs for an existing retail shoe store that do not meet the Code in relation to content and that exceed the maximum number and size allowed by the Code, should be approved for the following reasons: SECTION NOS. 18.44.110.0102 Permitted Number and Size of Wall Signs AND 18.44.110.0105 (1 wall sign; 90 square feet, on the west elevation permitted); (2 wall signs with a total of 108 square feet, on the west elevation proposed) SECTION NO. 18.44.110.0107 Content of Sign Display (Name of business permitted; Specific brand logos proposed) 1. The large store frontage facing Euclid Street is slightly less in lineal feet than the frontage required for additional wall signs. The building alterations created a large storefront that is an appropriate location for two wall signs and is a minor deviation from the Code; and 2. The strict application of the Zoning Code would deprive the Property of privileges enjoyed by other properties under the identical zoning classification in the vicinity of the Property since other businesses with 100 lineal feet of store frontage are allowed three wall signs. 3. The merchandise logo sign is appropriate in relation to the scale and mass of the building and is necessary to represent a select number of brand partners. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2014-04967, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 2 - PC2014-*** BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 11, 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 11, 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 11th day of August, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” VARIANCE NO. 2014-04967 (DEV2014-00044) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning Department, Planning Services Division 2 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 3 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division - 6 - PC2014-*** ATTACHMENT NO. 3 ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 11, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05740 LOCATION: 1515 West North Street (The Salvation Army Community Center) APPLICANT/PROPERTY OWNER: The agent is Tiffany Chen representing the applicant, Verizon Wireless. The property owner is The Salvation Army. REQUEST: The applicant is requesting approval of a conditional use permit to allow a 50-foot high, wireless communications antenna designed as a palm tree. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures) and approving Conditional Use Permit No. 2014-05740. BACKGROUND: This 3.0-acre site is located in the RM-4 (Multiple-Family Residential) zone and is currently developed with a community center. The General Plan designates the site for Medium Density Residential land uses. Surrounding land uses include condominiums to the north across a flood control channel, apartments to the east, an elementary school to the south, and a post office to the west across Loara Street. PROPOSAL: The applicant is proposing to construct a 50-foot high, wireless communications antenna designed to look like a palm tree at an existing community center. The antenna would be located in a landscaped planter at the northeast corner of the property. The landscape planter currently has several large palm trees and two additional palm trees with an 18-foot brown trunk height would be planted in order to create a natural setting. An eight-foot high equipment enclosure would be located adjacent to the antenna and painted to match the block wall along the east property line. The unmanned facility would operate 24 hours a day; seven days a week. Routine maintenance would occur every four to six weeks. ANALYSIS: The Code requires a conditional use permit for a Wireless Communications Facility in the RM-4 zone and when the height of the facility exceeds the height limit of the underlying zone. The Zoning Code allows structures to have a maximum height of 40 feet in this zone. The antenna would be 50 feet high. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05740 August 11, 2014 Page 2 of 2 The purpose of the conditional use permit is to ensure compatibility with surrounding uses. The antenna would be located to the rear of the property within a landscape planter containing several large palm trees. The antenna would be located approximately 135 feet from the nearest apartment building to the east, 130 feet away from condominiums to the north and 260 feet from Loara Street. The equipment would be completely enclosed in a structure to prevent any noise impacts. Since this antenna would be located adjacent to residences, staff is recommending a condition of approval limiting routine scheduled maintenance to the hours of 7 a.m. to 10 p.m. This condition of approval would not apply to required emergency service of maintenance of the antenna or associated equipment. The applicant has submitted a site justification study which indicates that the height proposed for this facility is necessary to eliminate coverage gaps and enhance voice and data services in this area of the City. The benefits of this improved service would be better voice and reception quality, higher security and privacy for users and enhanced communications for emergency services. As required by the Zoning Code, the study also provides alternative locations and designs. Three properties within the search ring were considered. The applicant’s engineer determined the alternative locations and designs would not achieve the necessary coverage objectives, were not property zoned for a ground mounted antenna or the sites did not have the necessary space for the facility. Staff believes that the proposed antenna would have a lesser impact on the aesthetics of the area as compared to other alternative locations since it would blend into the group of other palm trees that are similar in height. CONCLUSION: Staff believes that the proposed telecommunications monopalm would be compatible with surrounding land uses and would help support the local community by improving telecommunication service in the area. The facility is designed in a manner that minimizes visual impacts on adjacent land uses, including the adjoining residential neighborhoods to the north and east. Staff recommends approval of the conditional use permit. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Letter of Request and CUP Justification The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Photographs 5. Photo Simulations 6. Plans RM-4SALVATIONARMY RM-4MONTE VERDEAPTS150 DU RM-4TRIPLEXC-GRETAIL RM-4APTS8 DU RM-4BROADWAY ROYALEAPARTMENTS121 DU RS-1SINGLE FAMILY RESIDENCE RM-4APTS8 DU O.C.F.C.D. RM-4APTS6 DU RM-4GALLERY APTS200 DU C-GPOST OFFICE RS-1SAGE PARKRM-4PORTOFINO COVEAPARTMENTS260 DU C-GPARKINGLOT TPRICEELEMENTARY SCHOOL RM-3SAGE PARKAPARTMENTS100 DU RM-4MONTE VERDEAPTS150 DU RS-1SINGLE FAMILY RESIDENCE RM-3SAGE PARKAPARTMENTS100 DU O.C.F.C.D. RS-1S.F.R. W CRESCENT AVE N LOARA STW N O R T H S T N LIDO LNW L I D O P L W P A R K A V E W CATAL PA AV E W. LINCOLN AVE W. LA PALMA AVE N. EUCLID STN. HARBOR BLVDW . B R O A D W A Y W. ROMNEYA DR 1 5 1 5 W e s t No r t h S t r e e t D E V N o . 2 0 1 4 -0 0 0 5 7 Subject Property APN: 034-460-33 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 W CRESCENT AVE N LOARA STW N O R T H S T N LIDO LNW L I D O P L W P A R K A V E W CATAL PA AV E W. LINCOLN AVE W. LA PALMA AVE N. EUCLID STN. HARBOR BLVDW . B R O A D W A Y W. ROMNEYA DR 1 5 1 5 W e s t No r t h S t r e e t D E V N o . 2 0 1 4 -0 0 0 5 7 Subject Property APN: 034-460-33 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05740 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00057) (1515 WEST NORTH STREET) 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. 2014-05740 to permit a 50-foot high, Wireless Communications Facility designed as a monopalm at a community center (herein referred to as the "Proposed Project") for certain real property located at 1515 West North Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 3.0 acres, is developed with a community center. The Anaheim General Plan designates the Property for Medium Density Residential land uses. The Property is located within the Multiple-Family Residential (RM-4) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.06 (Multiple Family Residential Zones) 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 August 11, 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. 2014-05740, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, and that, therefore, pursuant to Section 15311 (Class 11 – Accessory Structures) of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and 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. 2014-05740, does find and determine the following facts: 1. The request to permit a a 50-foot high Wireless Communications Facility designed as a monopalm that exceeds the maximum height requirement in the Multiple-Family Residential (RM-4) Zone is properly one for which a conditional use permit is authorized by Sections 18.06.030 (Multiple-Family Rsidentail Zones) and paragraph .0511 of subsection .050 (Design Standards) of Section 18.38.060 (Antennas – telecommunications) of the Code. - 1 - PC2014-*** 2. The request to permit a 50-foot high Wireless Communications Facility designed as a monopalm that exceeds the maximum height requirement 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 Proposed Project will be located in an area of the Property containing other palm trees that are similar in height; and 3. The size and shape of the site for the proposed 50-foot high Wireless Communications Facility designed as a monopalm is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the telecommunications monopalm without creating detrimental effects on adjacent properties. 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 no traffic will be generated by this unmanned telecommunications facility; 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 surrounding land uses. 6. Alternatives were provided to staff, including but not limited to additional and/or different locations and designs. Staff has determined and this Planning Commission hereby finds that the application, as approved, would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives; 7. Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for co-location of facilities or for the efficient operation of the proposed Wireless Communications Facility; and 8. Any negative impacts of the proposed Wireless Communications Facility are properly mitigated. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05740, 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 - 2 - PC2014-*** 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 11, 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 b e replaced by a City Council Resolution in the event of an appeal. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 11, 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 11th day of August, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05740 (DEV2014-00057) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. Planning Department, Code Enforcement Division 2 Routine scheduled maintenance of the Wireless Communications Facilty, other than emergency repair or service, shall be limited to the hours of 7 a.m. to 10 p.m., daily. Planning Department, Planning Services Division 3 The Wireless Communications Facility designed as a monopalm shall not exceed 50 feet in height. Planning Department, Planning Services Division 4 The equipment enclosure shall be painted to match the existing block wall located on the east property line. Planning Department, Planning Services Division 5 Clinging vines shall be planted and maintained on the equipment enclosure. Planning Department, Planning Services Division 6 The Wireless Communications Facility may continue indefinitely and shall be limited to the design as specifically identified on the approved plans and exhibits on file with the City. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Services Manager of the Planning Department and/or his or her designee. Planning Department, Planning Services Division 7 No signage, flags, banners or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building. Planning Department, Code Enforcement Division - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The Wireless Communications Facility equipment operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. The Wireless Communications Facility equipment operator shall resolve all interference complaints within twenty-four (24) hours. Police Department GENERAL 9 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division 10 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 11 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division - 7 - PC2014-*** Authorized Agent for Verizon Wireless Justification for Conditional Use Permit City of Anaheim Project Location- Verizon Wireless “Northwest” Address: 1515 W. North Street, Anaheim, CA APN: 034-460-33 Zoning: RM-4 (Multiple-family residential) Project Description Core Development Services, on behalf of Verizon Wireless, is seeking approval for a new unmanned stealth wireless facility to be located at the northeast corner of the Salvation Army property (located at the above address). An enclosure with associated support equipment is proposed to be located directly below. The proposed design is a 50’-tall monopalm which includes (12) panel antennas, (4) Raycaps, (2) parabolic antennas, (12) RRUs, (5) equipment cabinets, (4) GPS antennas, and (1) standby generator to be housed within a proposed CMU block wall enclosure. (2) live palm trees will be planted to join the existing palm tree in the proposed location for a total of (3) palm trees to be located near the monopalm. The proposed lease area is currently unused space adjacent to an existing garage/storage shed and will not block any driveways or turning radii. Justification A. The proposed facility will be disguised as a palm tree and screened by several existing and two proposed live palm trees. It will be located in a parking island at the northeast corner of the property and will not affect the current operation of the Salvation Army or adjacent land uses. B. The site will be located in an existing parking island large enough to accommodate the entire facility and will not take any parking spaces or block any driveways or turning radii. All Verizon Wireless facilities comply with the FCC’s emission regulations and do not exceed general population exposure limits in locations accessible to the general public. C. The facility will be unmanned. It will be occasionally visited by a technician for maintenance purposes about once a month. Thus, there will be no noticeable change in traffic patterns and the existing roads will adequately serve the facility. D. The facility will provide clear and reliable wireless service that can continue to function in the event of an emergency situation or natural disaster. Again, all Verizon Wireless facilities comply with the FCC’s emission regulations and do not exceed general population exposure limits in locations accessible to the general public. ATTACHMENT NO. 3 Alternative Site Analysis The capacity gap area/search ring and alternative sites considered are shown respectively in Figures 1 and 2 below. The search area ring is primarily a combination of residential, open space, and institutional uses. In addition to our current primary candidate, a nursing home property, a Catholic Church, and Sage Park were also considered. • The nursing home property had limited available ground space available to host a wireless facility and was also not interested. • The Catholic Church is already hosting a wireless facility on the roof of one of their buildings. Upon review of the as-built plans for the facility, there is no room for Verizon’s proposed facility to co- locate on the same roof. The possibility of mounting on the roof with the dome, however the church leaders were concerned about impacting the aesthetics of the church too much. • Sage Park was also considered, however it is zoned RS-1 where ground-mounted facilities are not permitted and there are no existing buildings to mount onto. Aside from the existing facility at the Catholic Church, to our knowledge there were no other existing facilities to co-locate with. Figure 1: Search Area Ring Page 2 Figure 2: Locations of Candidates Considered GENERAL INFORMATION Site Selection Customer demand drives the need for new cell sites. Data relating to incomplete and dropped calls are gathered, drive-tests are conducted, and scientific modeling using sophisticated software is evaluated. Once the area requiring a new site is identified, a target ring on a map is provided to begin a search for a suitable location. During initial reconnaissance, properties for consideration for the installation of a cell site much be located in the general vicinity of the ring, with an appropriate zoning designation, and appear to have enough space to accommodate an antenna structure and the supporting radio equipment. The size of this space will vary depending on the objective of the site. The owners of each prospective location are notified to assess their interest in partnering with Verizon. Four key elements are considered in the selection process: • Leasing: The property must have an owner who is willing to enter into a long-term lease agreement under very specific terms and conditions. • Zoning: It must be suitably zoned in accordance with local land-use codes to allow for a successful permitting process. Page 3 • Construction: Construction constraints and costs must be reasonable from a business perspective, and the proposed project must be capable of being constructed in accordance with local building codes and safety standards. • RF: It must be strategically located to be able to achieve the RF engineer’s objective to close the significant gap with antennas at a height to clear nearby obstructions. The Benefits to the Community Approximately 90% of American adults subscribe to cell phone service. People of all ages increasingly rely on their cell phones to talk, send media, and search the Internet for both personal and business reasons. More and more, they are doing these things in their homes and therefore becoming reliant on adequate service within residential neighborhoods. About 50% of people relocating are not signing up for landline service at their new location and are using their cell phone as their primary communication method. The installation and operation of the proposed facility will offer improved: • Communications for local, state, and federal emergency services providers, such as police, fire, paramedics, and other first responders. • Personal safety and security for community members in an emergency, or when there is an urgent need to reach family members or friends. Safety is the primary reason parents provide cell phones to their children. • Capability of local businesses to better serve their customers. • Opportunity for a city or county to attract businesses to their community for greater economic development. • Enhanced 911 Services (E911)- The FCC mandates that all cell sites have location capability. Effective site geometry within the overall network is needed to achieve accurate location information for mobile users through triangulation with active cell sites. Over half of all 911 calls are made using mobile phones. Safety- RF is Radio The FCC regulates RF emissions to ensure public safety. Standards have been set based on peer-reviewed scientific studies and recommendations from a variety of oversight organizations, including the National Council on Radiation Protection and Measurements (NCRP), American National Standards Institute (ANSI), Institute of Electrical and Electronics Engineers (IEEE), Environmental Protection Agency (EPA), Federal Drug Administration (FDA), and Occupational Safety and Health Administration (OSHA), and National Institute of Occupational Safety and Health (NIOSH). Although the purview of the public safety of RF emissions by the FCC was established by the Telecommunications Act of 1996, these standards remain under constant scrutiny. All Verizon cell sites operate well below these standards, and the typical urban cell site operates hundreds or even thousands of times below the FCC’s limits for safe exposure. The enclosed application is presented for your consideration. Verizon requests a favorable determination and approval of a Plot Plan to build the proposed disguised facility. Please contact me at (714) 319-7837 for any questions or requests for additional information. Page 4 Set of Photographs- Verizon “Northwest” Verizon Wireless New Disguised Unmanned Wireless Facility 1515 W. North St, Anaheim, CA 92801 APN: 034-460-33 Photo Key Map ATTACHMENT NO. 4 1) Overall View (Salvation Army) 2) View of Site Access 3) View from site looking NORTH 4) View from site looking EAST 5) View from site looking SOUTH 6) View from site looking WEST ©2014 Google Maps 1515 West North Street Anaheim CA 92801 Northwest Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking north from North StreetProposed View 1 proposed monopalm proposed live palm proposed equipment enclosure proposed live palm ATTACHMENT NO. 5 ©2014 Google Maps 1515 West North Street Anaheim CA 92801 Northwest Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking east from Loara StreetProposed View 2 proposed monopalm proposed live palms ©2014 Google Maps 1515 West North Street Anaheim CA 92801 Northwest Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking northeast from Loara StreetProposed View 3 proposed monopalm proposed equipment enclosure proposed live palms deskPDF Studio TrialATTACHMENT NO. 6 deskPDF Studio Trial deskPDF Studio Trial deskPDF Studio Trial deskPDF Studio Trial deskPDF Studio Trial deskPDF Studio Trial 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 11, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05741 LOCATION: 5000 East Landon Drive APPLICANT/PROPERTY OWNER: The agent is Brittany Pell representing the applicant, Verizon Wireless. The property owner is Al Murrietta. REQUEST: The applicant is requesting approval of a conditional use permit to allow a 60-foot high wireless communications facility designed as a monopalm at an industrial property. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures) and approving Conditional Use Permit No. 2014-05741. 1. BACKGROUND: The 2.2-acre property is developed with a 50,000 square foot industrial building and is located in the Northeast Area Specific Plan, Development Area 2 - Expanded Industrial (SP94-1, DA2) and in the Scenic Corridor Overlay zone. The General Plan designates this property for Industrial uses. Surrounding land uses include industrial businesses in all directions. PROPOSAL: The applicant is proposing to construct a 60-foot high, wireless communications facility designed as a palm tree, or “monopalm.” The antenna would be located at the southwest corner of the property behind an industrial building. Three live palm trees would be planted near the monopalm to create a more natural setting. A ten-foot high equipment enclosure would be located adjacent to the monopalm. The unmanned facility would operate 24 hours a day; seven days a week. Routine maintenance would occur every four to six weeks. ANALYSIS: The Code requires a conditional use permit for a wireless communications facility in the SP 94-1, DA 2 zone to ensure compatibility with surrounding land uses. The maximum height for structures within this zone is 60 feet, and 60 feet is proposed. Stealth antennas, such as the proposed monopalm are designed to minimize aesthetic impacts to the surrounding community by blending into the environment. The proposed location of the monopalm and palm trees which would be planted adjacent to the antenna would serve to minimize any visual impacts since they would be at the rear of the property behind an industrial building approximately 400 feet from Landon Drive. The additional live palm trees would have a minimum brown trunk height of 20 feet at the time of planting, in compliance with the Code. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05741 August 11, 2014 Page 2 of 2 The applicant has submitted a site justification study which indicates that the height proposed for this facility is necessary to eliminate coverage gaps and enhance voice and data services in this area of the City. The benefits of this improved service would be better network coverage for the surrounding industrial businesses and enhanced communications for emergency services. As required by the Zoning Code, the study also provides alternative locations and designs. Ten properties within the search ring were considered. The alternative locations were not a possibility since the property owners were not interested in leasing the area or the sites did not have the necessary space for the facility. Staff believes that the proposed antenna would have a lesser impact on the aesthetics of the area as compared to other alternative locations since it would be located behind an industrial building to the rear of the property. The antenna would blend with the live palm trees that would be planted nearby and large palm trees within the landscape planters adjacent to Landon Drive. The design of the antenna would be consistent with the existing landscaping when viewed from the street. In addition, the proposed monopalm would be consistent with the goals of the Northeast Area Specific Plan and would help the local business community by improving telecommunication services in the area. CONCLUSION: Staff believes that the proposed telecommunications monopalm would be compatible with surrounding land uses and would help support the local business community by improving telecommunication service in the area. The facility is designed in a manner that minimizes visual impacts on adjacent land uses. Staff recommends approval of the conditional use permit. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Letter of Request and CUP Justification The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Photo Simulations 5. Plans SP 9 4-1 (SC)DA2OFFICES SP 9 4-1 (SC)DA2RELIGIOUS USE SP 9 4-1 (SC)DA2OFFICES SP 9 4-1 (SC)DA2OFFICES SP 94-1 (SC)DA2OFFICES SP 9 4-1 (SC)DA2OFFICES SP 94-1 (SC)DA2OFFICES SP 9 4-1 (SC)DA2OFFICES N KELLOGG DRE LA PALMA AVE E LANDON DR E. LA PALMA AVE N. IMPERIAL HWYN.LAKEVI EWA V E E. S A N TA AN A C A N Y O N R D E. ORANGETHORPE AVEE. MIRALOMA AVE E . R IV E R D A LE A V E 5 0 0 0 E a s t L a n d o n D r iv e D E V N o . 2 0 1 4 -0 0 0 5 9 Subject Property APN: 346-404-14 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 N KELLOGG DRE LA PALMA AVE E LANDON DR E. LA PALMA AVE N. IMPERIAL HWYN.LAKEVI EWA V E E. S A N TA AN A C A N Y O N R D E. ORANGETHORPE AVEE. MIRALOMA AVE E . R IV E R D A LE A V E 5 0 0 0 E a s t L a n d o n D r iv e D E V N o . 2 0 1 4 -0 0 0 5 9 Subject Property APN: 346-404-14 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05741 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00059) (5000 EAST LANDON DRIVE) 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. 2014-05741 to permit a 60-foot high, Wireless Communications Facility designed as a monopalm at an industrial property (herein referred to as the "Proposed Project") for certain real property located at 5000 East Landon Drive 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 2.2 acres, is developed with an industrial building. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of the Anaheim Municipal Code (the "Code"). The underlying base zone for the Property is the "I" (Industrial) Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "I" (Industrial) Zone. The Proposed Project is not inconsistent with any regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code. As such, the Property and the Proposed Project are subject to the zoning and development standards described in Chapter 18.120 (Northeast Area Specific Plan 94-1) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 11, 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. 2014-05741, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities,, and that, therefore, pursuant to Section 15311 (Class 11 – Accessory Structures) of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2014-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2014-05741, does find and determine the following facts: 1. The request to permit a 60-foot high Wireless Communications Facility designed as a monopalm in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area is properly one for which a conditional use permit is authorized by Section 18.120.070.0512 (Northeast Area Specific Plan, SP 94-1) and paragraph .0511 of subsection .050 (Design Standards) of Section 18.38.060 (Antennas – telecommunications) of the Code. 2. The request to permit a 60-foot high Wireless Communications Facility designed as a monopalm 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 Proposed Project will be located in an area to the rear of the property containing live palm trees; and 3. The size and shape of the site for the proposed 60-foot high Wireless Communications Facility designed as a monopalm is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the telecommunications monopalm without creating detrimental effects on adjacent properties. 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 no traffic will be generated by this unmanned telecommunications facility; 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 land uses. 6. Alternatives were provided to staff, including but not limited to additional and/or different locations and designs Staff has determined and this Planning Commission hereby finds that the application, as approved, would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives; 7. Any negative impacts of the proposed Wireless Communications Facility are properly mitigated. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 2 - PC2014-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05741, 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 11, 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 11, 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 11th day of August, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05741 (DEV2014-00059) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. Planning Department, Code Enforcement Division 2 The Wireless Communications Facility designed as a monopalm shall not exceed 60 feet in height. Planning Department, Planning Services Division 3 The Wireless Telecommunications Facility may continue indefinitely and shall be limited to the design as specifically identified on the approved exhibits. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Services Manager of the Planning Department and/or his or her designee. Planning Department, Planning Services Division 4 No signage, flags, banners or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building. Planning Department, Code Enforcement Division 5 The Wireless Telecommunications Facility equipment operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. The telecommunications equipment operator shall resolve all interference complaints within twenty-four (24) hours. Police Department GENERAL 6 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 8 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division - 7 - PC2014-*** Supplemental Information Project Description Proposed Verizon Wireless Facility Landon 5000 E. Landon Drive, Anaheim, CA 92807 APN: 346-404-14 The subject property is a light industrial commercial property with a 50,000 square foot building. The property is well landscaped and maintained. Verizon Wireless is proposing to construct and maintain an unmanned telecommunication wireless facility in the South West back corner of the existing commercial building. The site will be designed to look like a faux palm tree to blend in with the surrounding palm trees on the property. The tree is proposed at a height of 60’ with 12-8’ antennas and a 2’ tall microwave. All other equipment will be enclosed in a 16’-11” x 11’-6” prefabricated shelter with the exception of the generator that is proposed outside the shelter. There will be a chain link fence with tan slats surrounding the telecommunications facility. The proposed project was designed in accordance with the NE Industrial Specific Plan along with the applicable 18.38.060 Antenna- Telecommunications code. Description of Services proposed to be offered by the facility: The proposed wireless facility will positively affect the public welfare of persons residing or working in the surrounding area by delivering the community with better network coverage and enhancing public safety. The proposed wireless facility will have no affect on the community’s health. This means the surrounding Verizon Wireless customers will receive enhanced signal indoors, faster internet capabilities, signal in areas there is currently no signal as well as a decrease in dropped calls. Please see attached propagation maps for a visual display of the increased services that will be offered by the facility. 16150 Scientific Way Irvine, CA 92618 Phone: 949.336.1550 Fax: 949.336.6665 E-Mail: info@coastalbusinessgroup.net www.coastalbusinessgroup.net ATTACHMENT NO. 3 Supplemental Information Search Ring Proposed Verizon Wireless Facility Landon 5000 E. Landon Drive, Anaheim, CA 92807 APN: 346-404-14 Below is an aerial of the search ring for the proposed Verizon Wireless Facility: 16150 Scientific Way Irvine, CA 92618 Phone: 949.336.1550 Fax: 949.336.6665 E-Mail: info@coastalbusinessgroup.net www.coastalbusinessgroup.net Supplemental Information Justification Study Proposed Verizon Wireless Facility Landon 5000 E. Landon Drive, Anaheim, CA 92807 APN: 346-404-14 Alternative Site Locations that were explored: YKK, Inc. 5001 East La Palma Avenue The property owner stated they were not interested in a wireless facility. Cinvest, LLC 4999 E La Palma Avenue Received no response. Catellus Finance 5055 E Landon Drive Received no response. Cornerstone Church 4905 E La Palma Avenue Received no response. RVL 4931 E Landon Drive Received no response. Glass House Received no response. La Palma 4890 E La Palma Avenue Received no response. Funky Clock 1485 N Manassero Street The property owner stated they were not interested in a wireless facility. Scholten Building 4900 E Hunter Avenue The property owner stated they were not interested in a wireless facility. Euleda 4955 E Landon Drive There property is a one-story building with no space for a ground build. Due to the limited space available on the property, we ruled this property out as a candidate. 16150 Scientific Way Irvine, CA 92618 Phone: 949.336.1550 Fax: 949.336.6665 E-Mail: info@coastalbusinessgroup.net www.coastalbusinessgroup.net Supplemental Information Justification Study (Cont.) Proposed Verizon Wireless Facility Landon 5000 E. Landon Drive, Anaheim, CA 92807 APN: 346-404-14 Below is an aerial of the alternative locations Verizon Wireless reached out to: 16150 Scientific Way Irvine, CA 92618 Phone: 949.336.1550 Fax: 949.336.6665 E-Mail: info@coastalbusinessgroup.net www.coastalbusinessgroup.net Supplemental Information Co-location Opportunities Proposed Verizon Wireless Facility Landon 5000 E. Landon Drive, Anaheim, CA 92807 APN: 346-404-14 Co-Location Feasibility: In accordance with the City of Anaheim telecommunications code, all carriers should make a good faith effort to co-locate on an existing wireless facility, when feasible. Surrounding the proposed wireless facility there is not an existing co-locatable wireless facility available for Verizon to propose to co-locate on, therefore we have proposed our own wireless facility. However, the proposed faux palm tree wireless facility has been designed as a facility that does allow for future co-locations. 16150 Scientific Way Irvine, CA 92618 Phone: 949.336.1550 Fax: 949.336.6665 E-Mail: info@coastalbusinessgroup.net www.coastalbusinessgroup.net Supplemental Information Height Justification Proposed Verizon Wireless Facility Landon 5000 E. Landon Drive, Anaheim, CA 92807 APN: 346-404-14 Verizon is proposing a sixty (60) foot unmanned telecommunications facility stealthed as a faux palm tree. Verizon would like to request the tower height of sixty (60) feet in order to allow the antenna signals from the proposed antennas to emit their signal without interference from the large industrial buildings that surround the proposed wireless facility. The structure itself will have a total height of sixty (60) feet in order to create the stealth palm tree design, but the top of antenna height will be fifty-three (53) feet. The sixty (60) foot height limit is also in accordance with the City of Anaheim wireless code section 18.38.060.0511- “The height of the wireless communication facility shall not exceed the height limits of the applicable underlying or overlay zone unless otherwise authorized by a conditional use permit…” The proposed wireless facility is located in the North East Industrial Specific Plan, Chapter 18.40 General Development Standard specifies, “The maximum height of any building or structure shall be 60 feet, except as may be permitted by a conditional use permit…” According to the City of Anaheim municipal code, the 60-foot height request of the proposed telecommunication wireless facility is compliant with both the NE Industrial Specific Plan zone requirement and the Telecommunications height requirements. 16150 Scientific Way Irvine, CA 92618 Phone: 949.336.1550 Fax: 949.336.6665 E-Mail: info@coastalbusinessgroup.net www.coastalbusinessgroup.net Photo simulation accuracy is based on information provided to Blue Water Design by the applicant. Murrietta Circuits PROPO SED 5000 East Landon Drive Anaheim, CA 92807 EXIST ING CONTACT BLUE WATER DESIGN bluewater-design.net michelle @ bluewater-design.net p 714.473.2942 VIEW 1 Landon Completed May 29, 2014 p 949.336.1550 Coastal Business Group Inc. 16150 Scientific Way Irvine, CA 92618 LOCATION Kellogg DrE Lando n D r X APPLICANT Verizon Wireless 15505 Sand Canyon Avenue Irvine, CA 92618 Building “D” 1st Floor N Manassero StE La Palma Ave ATTACHMENT NO. 4 Photo simulation accuracy is based on information provided to Blue Water Design by the applicant. Murrietta Circuits PROPO SED 5000 East Landon Drive Anaheim, CA 92807 EXIST ING CONTACT BLUE WATER DESIGN bluewater-design.net michelle @ bluewater-design.net p 714.473.2942 VIEW 2 Landon Completed May 29, 2014 p 949.336.1550 Coastal Business Group Inc. 16150 Scientific Way Irvine, CA 92618 LOCATION Kellogg DrE Lando n D r X PROPOSED MONOPALM LOCATION APPLICANT Verizon Wireless 15505 Sand Canyon Avenue Irvine, CA 92618 Building “D” 1st Floor N Manassero StE La Palma Ave Photo simulation accuracy is based on information provided to Blue Water Design by the applicant. Murrietta Circuits PROPO SED 5000 East Landon Drive Anaheim, CA 92807 EXIST ING CONTACT BLUE WATER DESIGN bluewater-design.net michelle @ bluewater-design.net p 714.473.2942 VIEW 3 Landon Completed May 29, 2014 p 949.336.1550 Coastal Business Group Inc. 16150 Scientific Way Irvine, CA 92618 LOCATION Kellogg DrE Lando n D r X PROPOSED MONOPALM LOCATION APPLICANT Verizon Wireless 15505 Sand Canyon Avenue Irvine, CA 92618 Building “D” 1st Floor N Manassero StE La Palma Ave Photo simulation accuracy is based on information provided to Blue Water Design by the applicant. Murrietta Circuits PROPO SED 5000 East Landon Drive Anaheim, CA 92807 EXIST ING CONTACT BLUE WATER DESIGN bluewater-design.net michelle @ bluewater-design.net p 714.473.2942 VIEW 4 Landon Completed May 29, 2014 p 949.336.1550 Coastal Business Group Inc. 16150 Scientific Way Irvine, CA 92618 PROPOSED LOCATION EQUIPMENT SHELTER LOCATION Kellogg DrE Lando n D r X PROPOSED MONOPALM LOCATION APPLICANT Verizon Wireless 15505 Sand Canyon Avenue Irvine, CA 92618 Building “D” 1st Floor N Manassero StE La Palma Ave ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 11, 2014 SUBJECT: GENERAL PLAN AMENDMENT NO. 2014-00496 AND RECLASSIFICATION NO. 2014-00269 LOCATION: 1710 – 1730 South Anaheim Way APPLICANT/PROPERTY OWNER: The applicant and owner of the subject property is the City of Anaheim, represented by the Community Services and Community and Economic Development Departments. REQUEST: The applicant requests approval of the following actions: 1) amend the property’s General Plan Land Use designation from Parks to Industrial; remove the property’s Park designation from figures in the Land Use, Circulation and Green Elements of the General Plan; and, 2) rezone a portion of the property from the Commercial (C-G) zone to Industrial (I) zone. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that a Negative Declaration is appropriate to serve as the environmental determination for this request per the California Environmental Quality Act (CEQA) guidelines, and recommending City Council approval of General Plan Amendment No. 2014-00496 and Reclassification No. 2014-00269. BACKGROUND: This undeveloped seven acre property is comprised of four parcels and currently utilized as a contractor staging area and storage yard for projects being developed in The Platinum Triangle. The General Plan designates the property for Parks uses. The three westerly parcels are zoned Commercial (C-G) and the easterly parcel is zoned Industrial (I). Surrounding uses include a self-storage facility to the north and west, industrial uses to the east, and the I-5 Freeway across Anaheim Way to the south. This property is owned by the City, with previous plans to develop the site for recreational uses. Subsequently, the California Environmental Protection Agency’s Air Resources Board published a report that recommends against locating playgrounds and recreational facilities within 500 feet of a freeway due to potential exposure of users to harmful air pollutants. Additionally, the location adjacent to a one-way street and limited access is less desirable. As a result, the City is no longer planning to develop the land for recreational purposes. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net GENERAL PLAN AMENDMENT NO. 2014-00496 RECLASSIFICATION NO. 2014-00269 August 11, 2014 Page 2 of 3 PROPOSAL: The request is to redesignate this property’s General Plan designation from Parks to Industrial and to remove the Parks designation from various maps and tables in the General Plan. These include the following: • Land Use Plan, Figure LU-4 • Bicycle Facilities, Figure C-5 • Green Plan, Figure G-1 • Existing Park Facilities, Figure G-4 • Table G-1: Existing Park Acreages and Facilities The request also includes rezoning the two largest parcels from General Commercial to Industrial, consistent with the proposed General Plan designation. The easterly parcel is already zoned Industrial. The small westerly parcel would remain zoned Commercial since it is not a part of the future development of the larger grouping of parcels. No development is proposed as part of this request. ANALYSIS: General Plan Amendment: A General Plan Amendment is required in order to remove the Parks designation from various maps and tables contained in the General Plan. Community Development staff analyzed the site characteristics of the property, such as visibility, accessibility and proximity to major freeways and streets, and found that the highest and best use of the site would be industrial uses. Uses could include manufacturing, warehousing or research and development uses. Industrial land uses would be compatible with the surrounding area and the site is large enough to accommodate a well-designed industrial complex with sufficient street frontage to provide necessary access. Rezoning: The proposed Industrial zoning designation is consistent with, and would implement, the proposed General Plan designation. The predominant land uses surrounding this property are warehousing and industrial. Therefore, this request would create zoning consistency with the industrial properties surrounding the subject parcel. Upon approval of the requested actions, the City intends to issue a Request for Proposals (RFP) to seek out a private development team to purchase the three larger parcels and develop the site with a project that would most benefit the City. While the final determination for use of the revenues from the sale of the properties has not been determined, it is anticipated that they would be used to improve recreational facilities throughout the City, thereby offsetting the loss of the once-planned park facility. Since the westerly parcel is small and irregular in size and orientation, it will not be included in the RFP. The owner of the adjacent self-storage facility has expressed interested in the small parcel for additional parking and landscaping use. GENERAL PLAN AMENDMENT NO. 2014-00496 RECLASSIFICATION NO. 2014-00269 August 11, 2014 Page 3 of 3 Environmental analysis: Since no specific project is proposed at this time, staff analyzed the highest intensity industrial development that would conform to the standards of the Industrial zone, which would be an industrial building with a maximum size of 153,766 square feet. Through this analysis, including the preparation of an Initial Study, staff has determined that no significant environmental impacts would result from the proposed project, nor would any mitigation be required. Accordingly, a draft Negative Declaration was prepared in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines to evaluate the physical environmental impacts of the Proposed Project. The Negative Declaration was circulated for a 30-day public/responsible agency review on July 22, 2014. No comments have been received to date. Based upon a thorough review of the Proposed Project and the Negative Declaration, staff finds that the Proposed Project will have a less than significant impact upon the environment. CONCLUSION: Staff recommends approval of the General Plan Amendment and Reclassification request because it would facilitate use of the site consistent with the surrounding properties. It also removes the Park designation since the site has been deemed inappropriate for park use. While the final determination for use of the revenues from the sale of the properties has not been determined, the desired use would be to improve recreational facilities throughout the City. Prepared by, Submitted by, Elaine Thienprasiddhi Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft General Plan Amendment Resolution 3. Draft Reclassification Resolution 4. Letter of Request The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s website at www.anaheim.net/planning. 5. Site Photographs 6. Negative Declaration/Initial Study C-G (SABC )VAC AN T SP 9 2-2DA1RESTAURA NT I (SAB C)SO UTH ER NCALIFORNAEDISON CO .EASE MEN T I (SAB C)IND U STRIAL SP 9 2-2DA1RETAIL I (SAB C)SO UTH ER N C AL IFO R NAEDISON CO. EAS EMEN T I (SAB C)SELF STORA GE FACILITY C-G (SABC )SUB STATION I (SAB C)IND U STRI AL I (SAB C)IND U STRI AL I (SAB C)IND U STRIAL 5 FREEWAY 5 FREEWAY W DISNEY WAY S M A NCHESTER AVE S ANAHEIM WAY S CLAUDINA WAYE. BALL RD S. LEWIS STS. HARBOR BLVDE. K ATE LLA AVE E. C ERRITOS AVE S. STATE COLLEGE BLVDW. KAT ELLA AVE E. ORANGEWOOD AVES. ANAHEIM BLVDE. GENE AUTRY WAY S. HASTER STW.ORANGEWOOD AVE S.SUNKISTSTS. DISNEYLAND DRS. CLEMENTINE ST171 0 - 1 73 0 So uth Ana he im Way D E V N o . 20 1 4-0 0 04 5 Su bje ct Property APN: 082-230-78082-230-80082-230-82082-230-84 ATTACHM ENT NO. 1 0 50 10 0 Feet Ae ria l Pho to :Ma y 20 12 5 FREEWAY 5 FREEWAY W DISNEY WAY S M A NCHESTER AVE S ANAHEIM WAY S C L A UD I NA WA Y E. BALL RD S. LEWIS STS. HARBOR BLVDE. K ATE LLA AVE E. C ERRITOS AVE S. STATE COLLEGE BLVDW. KAT ELLA AVE E. ORANGEWOOD AVES. ANAHEIM BLVDE. GENE AUTRY WAY S. HASTER STW.ORANGEWOOD AVE S.SUNKISTSTS. DISNEYLAND DRS. CLEMENTINE ST171 0 - 1 73 0 So uth Ana he im Way D E V N o . 20 1 4-0 0 04 5 Su bje ct Property APN: 082-230-78082-230-80082-230-82082-230-84 ATTACHM ENT NO. 1 0 50 10 0 Feet Ae ria l Pho to :Ma y 20 12 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A NEGATIVE DECLARATION AND RECOMMENDING THAT THE CITY COUNCIL AMEND THE GENERAL PLAN (GENERAL PLAN AMENDMENT NO. 2014-00496) (DEV2014-00045) (1710 – 1730 SOUTH ANAHEIM WAY) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve General Plan Amendment No. 2014- 00496 for certain real property commonly known as 1710-1730 S. Anaheim 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 consists of four undeveloped parcels on approximately seven acres and is currently designated for use as "Parks" on the land use map of the General Plan. The three westerly parcels are zoned Commercial (C-G). The easterly parcel is zoned Industrial (I); and WHEREAS, General Plan Amendment No. 2014-00496 proposes to amend the Anaheim General Plan as follows: 1. Land Use Element • Amend “Figure LU-4: Land Use Plan” of the Land Use Element of the General Plan as shown on Exhibit A attached hereto and incorporated herein by this reference. 2. Circulation Element • Amend “Figure C-5: Existing and Proposed Bicycle Facilities” of the Circulation Element of the General Plan as shown on Exhibit B attached hereto and incorporated herein by this reference. 3. Green Element • Amend “Figure G-1: Green Plan” of the Green Element of the General Plan as shown on Exhibit C attached hereto and incorporated herein by this reference. • Amend “Figure G-4: Existing Park Facilities” of the Green Element of the General Plan as shown on Exhibit D attached hereto and incorporated herein by this reference. • Amend "Table G-1: Existing Park Acreages and Facilities” of the Green Element of the General Plan as shown on Exhibit E attached hereto and incorporated herein by this reference. -1- PC2014-*** WHEREAS, General Plan Amendment No. 2014-00496 is proposed in conjunction with a request to rezone or reclassify two of the four parcels from the "C-G" (General Commercial) Zone to the "I" (Industrial) Zone, which reclassification is designated as Reclassification No. 2014-00269. General Plan Amendment No. 2014-00496 and Reclassification No. 2014-00269 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Negative Declaration was circulated for a 30-day public/responsible agency review on July 22, 2014. A complete copy of the Negative Declaration is on file and can be viewed in the Planning Division of the City. Copies of said document are also available for purchase; and WHEREAS, based upon a thorough review of the Proposed Project and the Negative Declaration, and the comments (if any) received to date, staff finds that the Proposed Project will have a less than significant impact upon the environment; and WHEREAS, on August 11, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider the draft Negative Declaration and evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under CEQA, the Planning Commission finds and determines that, on the basis of a thorough review of the Proposed Project and the draft Negative Declaration prepared therefor any comments (if any) received to date, the Proposed Project will have a less than significant impact upon the environment; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, does hereby find and determine the following facts: 1. That proposed amendment to the General Plan maintains internal consistency with the General Plan as the proposed modifications to the General Plan are consistent with Goal 2.1 of the Land Use Element to maximize development opportunities along transportation routes; -2- PC2014-*** 2. That the proposed amendment to the General Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed Industrial designation and uses allowed under the proposed Industrial zoning is consistent with the properties in the surrounding area; 3. The proposed amendment to the General Plan would maintain the balance of land uses within the City, in that the proposed amendment would provide additional employment opportunities in close proximity to a dense residential areas, including The Platinum Triangle; and 4. The proposed amendment to the General Plan is physically suitable to accommodate the proposed modifications, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses since the site is large enough to accommodate a quality industrial complex with sufficient street frontage to provide necessary access. NOW, THEREFORE, BE IT RESOLVED, based upon the foregoing findings and recitals, that the Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request. The Planning Commission hereby further finds and determines that the Negative Declaration reflects the independent judgment of the lead agency; that it has considered the Negative Declaration, together with any comments received during the public review process; and further finding on the basis of the Initial Study that there is no substantial evidence that the Proposed Project will have a significant effect on the environment. BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby recommend that the City Council approve and adopt proposed General Plan Amendment 2014-00496, in the form attached hereto as Exhibits A through E, contingent upon and subject to the adoption of an ordinance reclassifying the two largest parcels comprising the Property from the Commercial (C-G) Zone to the Industrial (I) Zone in accordance with Reclassification No. 2014-00269, now pending. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 11, 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. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3- PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 11, 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 11th day of August, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014-*** -5- -6- -7- -8- EXHIBIT "E" TABLE G -1: EXISTING PARK ACREAGES AND FACILITIES Acres Type of Park Sports Facilities RECREATION FACILITIES Additional Park & Recreation Facilities Soccer/ Football Baseball Formal Softball Basketball Volleyball Handball Tennis Skateboard Shuffleboard Horseshoe Children's Play Area Exercise Course Swimming Pool Picnic Facilities Fire Ring Concession Amphitheater/ Stadium Rec. Bldg./ Community Center*** Hiking Adjacent Schools WEST ANAHEIM 1 Barton 4.8 N 1 1 1 Barton Elementary School 2 Brookhurst 27.0 C 2 (1L) 1L 2L 1 Y 1 T 1 CC/Senior Gauer ES/Brookhurst JHS 3 Chaparral 10.0 N 1 1 2L 1 T Y RC 4 Delphi 3.0 S 2 1 5 Hansen 7.0 N 1 1 1 T Y Hansen Elementary School 6 John Marshall 16.0 C 2 2 1 1 1 T,S RC John Marshall Elementary School 7 Maxwell 23.2 C 2 (1L) 3 (2L) 1 1 T 1 SC (Therapeutic) Maxwell Elementary School 8 Modjeska 23.5 C 2 (1L) 1L 1L 1 1 T,S Y 1 RC Francis Scott Key Elementary School 9 Peter Marshall 5.0 N 1 1 1 T Peter Marshall Elementary School 10 Twila Reid 27.2 C 1L 1L 2 3 4 1 Disc Golf T,S RC Twila Reid Elementary School 11 Schweitzer 11.5 N 1 1 1 1 1 T 1 Schweitzer Elementary School Subtotal 158.2 CENTRAL ANAHEIM 1 Downtown Community Center N/A N/A CC 2 Boysen 24.6 C 3(1)L 1L 2 (1L) 2 2 T 1 RC Roosevelt Elementary School 3 Citrus 2.4 M 1 1 T,S 4 Colony 0.2 M T 5 Cottonwood 1.0 M 1 T 6 Edison 7.5 N 1 1 1 T RC Edison Elementary School 7 Energy Field 3.0 N 2 (P) 2T, 2S (P) 8 Juarez 9.5 N 1 1 1 T 1 RC Juarez Elementary School 9 Julianna 1.5 M 1 1 1 1 T,S 10 La Palma 21.0 C 1L 1L 1 T,S 2 Stadium NC 11 Lincoln 5.1 N 1 1 1 T Lincoln Elementary School 12 Little Peoples 1.5 M 1 1 T,S 13 Manzanita 7.5 N 1 1 1 2 T,S NC 14 Palm Lane 7.0 N 1 1 1 T Palm Lane Elementary/Ball JHS 15 Pearson 19.0 C 1L 1L 2 6L 1 1 T,2S Amphitheater NC 16 Pioneer 15.3 C 1 1 2 T,S RC Sunkist Elementary School 17 Ponderosa 9.0 N 1L 1L 1 1 3 2 T NC 18 Rio Vista 12.8 N 1 1 2 T 1 RC Rio Vista Elementary School 19 Ross 5.5 N 1L 1L 2L 1 T,S Ross Elementary School 20 Sage 8.6 N 1 1 1 1 1 1 T 1 RC 21 Stoddard 9.4 N 1 1 2 T RC Stoddard Elementary School 22 Walnut Grove 3.0 M 2 1 1 T,S 23 George Washington 3.0 M 2 24 Willow 8.8 N 1 1 1 1 T Subtotal 186.2 EAST ANAHEIM 1 Anaheim Wetlands 5.0 S Y 2 Canyon Rim 5.5 N 1 1 1 1 1 T,S RC Canyon Rim Elementary School 3 Deer Canyon Park Preserve 130.0 S T Y 4 Eucalyptus 10.0 N 1 1 1L 1 T,S RC 5 Fairmont 7.5 N(U) 6 Imperial 7.5 N 1 T,S Imperial Elementary School 7 Nohl Ranch 4.5 S(U) 8 Oak 4.0 S T 9 Oak Canyon 58.0 S 1 SC (Interpretive) Y 10 Olive Hills 10.7 S 6 Nohl Ranch Elementary School 11 Pelanconi 27.0 S T Y 12 Peralta 21.4 C 2L 3L 1L 1L 1 T,2S 1 RC/NC Crescent Primary/Intermediate School 13 Riverdale 8.5 N 1 1 1 1 T,S 14 Roosevelt Park 2.3 M 15 Sycamore 8.0 N 1 1 1L 1L 1 T,2S RC 16 Toyon 16.0 C 2L 2L 1L 1 1 T,2S RC 17 Walnut Canyon 3.0 S(U) 18 Yorba Ballfields 16.0 S 3L 3L 1 T 1 Subtotal 344.9 GRAND TOTAL 689.3 Facilities: Park Types: Recreation Buildings/Community Centers: L - Lighted S - Picnic Shelter T - Picnic Table M - Mini Park C - Community Park U - Undeveloped Park CC - Community Center (larger than 10,000 square feet) SC - Special Use Center Y- Yes (P) - Proposed N - Neighborhood Park S – Specialized Use/Recreation/Nature Centers NC - Neighborhood Center (smaller than 10,000 square feet) RC - Recreation Center * Does not include City operated, used and/or programmed facilities at schools. ** Total does not include Canyon Rim Park site and Toyon Park site. *** Does not include stand-alone community centers, which include the Downtown Community Center, the West Anaheim Youth Center (proposed) and the East Anaheim Community Center. -9- PC2014-*** [DRAFT] ATTACHMENT NO. 3 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2014-00269 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2014-00045) (1710 – 1730 SOUTH ANAHEIM WAY) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for reclassification, designated as Reclassification No. 2014-00269, for that certain real property located at 1710 – 1730 South Anaheim 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 consists of four undeveloped parcels on approximately seven acres and is currently designated for use as "Parks" on the land use map of the General Plan. The three westerly parcels are are located in the "C-G" (General Commercial) Zone. The easterly parcel is located in the Industrial (I) Zone; and WHEREAS, the applicant requests to rezone or reclassify the two largest parcels comprising the Property from the "C-G" (General Commercial) Zone to the "I" (Industrial) Zone; and WHEREAS, Reclassification No. 2014-00269 is proposed in conjunction with General Plan Amendment No. 2014-00496 to redesignate the Property from "Parks" to "Industrial" and to remove the site from all maps within the General Plan that identify it for use as a park, specifically within the Land Use, Circulation and Green Elements. General Plan Amendment No. 2014-00496 and Reclassification No. 2014-00269 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, on August 11, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), that, on the basis of a thorough review of the Proposed Project and a Negative Declaration prepared therefor, the Proposed Project will have a less than significant impact upon the environment; and - 1 - PC2014-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the two largest parcels comprising the Property from the "C-G" (General Commercial) Zone to the "I" (Industrial) Zone is consistent with the Property’s proposed Industrial land use designation proposed as part of General Plan Amendment No. 2014- 00496. 2. The proposed reclassification of the two largest parcels comprising the Property is necessary for the orderly and proper development of this site for future industrial development and is compatible with the surrounding properties which are designated for Industrial land uses and are developed with industrial buildings. 3. The proposed reclassification of the two largest parcels comprising the Property does properly relate to the zone and its permitted uses locally established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2014-00269 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the two largest parcels comprising the Property into the "I" (Industrial) Zone and recommends that the City Council adopt an ordinance reclassifying the two largest parcels comprising the Property in accordance with Reclassification No. 2014-00269. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. - 2 - PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 11, 2014. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 11, 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 11th day of August, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2014-*** - 4 - PC2014-*** ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 South Coast Air Basin, Summer Anaheim Way Rezoning/Redesignation 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population General Light Industry 154.00 1000sqft 7.06 154,000.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 8 Wind Speed (m/s)Precipitation Freq (Days)2.2 31 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Anaheim Public Utilities 2014Operational Year CO2 Intensity (lb/MWhr) 1543.28 0.029CH4 Intensity (lb/MWhr) 0.006N2O Intensity (lb/MWhr) CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 1 of 27 Project Characteristics - Land Use - Total parcel size Construction Off-road Equipment Mitigation - Mitigation included on project plans. Off-road Equipment - No demolition - site vacant Off-road Equipment - Site is flat/vacant Off-road Equipment - Site has been rough graded Off-road Equipment - Off-road Equipment - Approximate equipment needed Off-road Equipment - Construction Phase - Approximate Area Mitigation - Low VOC paint included as mitigation Water Mitigation - Waste Mitigation - Architectural Coating - Low VOC paints used CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 2 of 27 2.0 Emissions Summary Table Name Column Name Default Value New Value tblArchitecturalCoating ConstArea_Nonresidential_Exterior 77,000.00 70,000.00 tblArchitecturalCoating ConstArea_Nonresidential_Interior 231,000.00 150,000.00 tblArchitecturalCoating EF_Nonresidential_Exterior 250.00 100.00 tblArchitecturalCoating EF_Nonresidential_Interior 250.00 100.00 tblArchitecturalCoating EF_Residential_Exterior 100.00 0.00 tblArchitecturalCoating EF_Residential_Interior 50.00 0.00 tblAreaMitigation UseLowVOCPaintNonresidentialExteriorV alue 250 100 tblAreaMitigation UseLowVOCPaintNonresidentialInteriorV alue 250 100 tblConstructionPhase NumDays 20.00 30.00 tblLandUse LotAcreage 3.54 7.06 tblOffRoadEquipment OffRoadEquipmentUnitAmount 3.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 1.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 1.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 3.00 1.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 1.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 4.00 2.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 3.00 2.00 CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 3 of 27 2.1 Overall Construction (Maximum Daily Emission) ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year lb/day lb/day 2015 4.1951 35.6961 27.5204 0.0415 12.1560 2.1656 14.0367 6.6501 2.0353 8.3804 0.0000 4,041.954 3 4,041.954 3 0.7598 0.0000 4,057.910 1 2016 34.4126 31.0159 25.2164 0.0415 0.8828 2.0087 2.8915 0.2372 1.8865 2.1236 0.0000 3,988.009 9 3,988.009 9 0.7056 0.0000 4,002.827 2 Total 38.6077 66.7120 52.7368 0.0829 13.0387 4.1743 16.9282 6.8873 3.9218 10.5040 0.0000 8,029.964 3 8,029.964 3 1.4654 0.0000 8,060.737 3 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year lb/day lb/day 2015 4.1951 35.6961 27.5204 0.0415 4.8090 2.1656 6.6898 2.6116 2.0353 4.3419 0.0000 4,041.954 3 4,041.954 3 0.7598 0.0000 4,057.910 1 2016 34.4126 31.0159 25.2164 0.0415 0.8828 2.0087 2.8915 0.2372 1.8865 2.1236 0.0000 3,988.009 9 3,988.009 9 0.7056 0.0000 4,002.827 2 Total 38.6077 66.7120 52.7368 0.0829 5.6918 4.1743 9.5813 2.8488 3.9218 6.4655 0.0000 8,029.964 3 8,029.964 3 1.4654 0.0000 8,060.737 3 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 56.35 0.00 43.40 58.64 0.00 38.45 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 4 of 27 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Area 4.0287 1.6000e- 004 0.0164 0.0000 6.0000e- 005 6.0000e- 005 6.0000e- 005 6.0000e- 005 0.0337 0.0337 1.0000e- 004 0.0358 Energy 0.0985 0.8951 0.7519 5.3700e- 003 0.0680 0.0680 0.0680 0.0680 1,074.153 1 1,074.153 1 0.0206 0.0197 1,080.690 2 Mobile 5.4019 17.7402 71.9404 0.1483 10.0725 0.2881 10.3606 2.6906 0.2645 2.9551 13,747.54 19 13,747.54 19 0.6013 13,760.16 94 Total 9.5290 18.6354 72.7088 0.1537 10.0725 0.3562 10.4287 2.6906 0.3326 3.0232 14,821.72 87 14,821.72 87 0.6220 0.0197 14,840.89 54 Unmitigated Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Area 3.4420 1.6000e- 004 0.0164 0.0000 6.0000e- 005 6.0000e- 005 6.0000e- 005 6.0000e- 005 0.0337 0.0337 1.0000e- 004 0.0358 Energy 0.0985 0.8951 0.7519 5.3700e- 003 0.0680 0.0680 0.0680 0.0680 1,074.153 1 1,074.153 1 0.0206 0.0197 1,080.690 2 Mobile 5.4019 17.7402 71.9404 0.1483 10.0725 0.2881 10.3606 2.6906 0.2645 2.9551 13,747.54 19 13,747.54 19 0.6013 13,760.16 94 Total 8.9423 18.6354 72.7088 0.1537 10.0725 0.3562 10.4287 2.6906 0.3326 3.0232 14,821.72 87 14,821.72 87 0.6220 0.0197 14,840.89 54 Mitigated Operational CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 5 of 27 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 1/1/2015 1/28/2015 5 20 2 Site Preparation Site Preparation 1/29/2015 2/11/2015 5 10 3 Grading Grading 2/12/2015 3/11/2015 5 20 4 Building Construction Building Construction 3/12/2015 1/27/2016 5 230 5 Paving Paving 1/28/2016 2/24/2016 5 20 6 Architectural Coating Architectural Coating 2/25/2016 4/6/2016 5 30 OffRoad Equipment ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 6.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 150,000; Non-Residential Outdoor: 70,000 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 0 Acres of Grading (Grading Phase): 10 Acres of Paving: 0 CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 6 of 27 Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48 Demolition Excavators 0 8.00 162 0.38 Demolition Concrete/Industrial Saws 0 8.00 81 0.73 Grading Excavators 1 8.00 162 0.38 Building Construction Cranes 1 7.00 226 0.29 Building Construction Forklifts 3 8.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Paving Pavers 1 8.00 125 0.42 Paving Rollers 1 8.00 80 0.38 Demolition Rubber Tired Dozers 0 8.00 255 0.40 Grading Rubber Tired Dozers 1 8.00 255 0.40 Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Grading Graders 1 8.00 174 0.41 Grading Tractors/Loaders/Backhoes 1 8.00 97 0.37 Paving Paving Equipment 1 8.00 130 0.36 Site Preparation Tractors/Loaders/Backhoes 2 8.00 97 0.37 Site Preparation Rubber Tired Dozers 2 8.00 255 0.40 Building Construction Welders 1 8.00 46 0.45 Trips and VMT CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 7 of 27 3.2 Demolition - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction On-Site 3.1 Mitigation Measures Construction Use Soil Stabilizer Replace Ground Cover Water Exposed Area Clean Paved Roads Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 0 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Site Preparation 4 10.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 65.00 25.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Paving 3 8.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 13.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 8 of 27 3.2 Demolition - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 9 of 27 3.2 Demolition - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off-Site 3.3 Site Preparation - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 12.0442 0.0000 12.0442 6.6205 0.0000 6.6205 0.0000 0.0000 Off-Road 3.2670 35.6384 26.8041 0.0240 1.8798 1.8798 1.7294 1.7294 2,522.837 8 2,522.837 8 0.7532 2,538.654 4 Total 3.2670 35.6384 26.8041 0.0240 12.0442 1.8798 13.9239 6.6205 1.7294 8.3498 2,522.837 8 2,522.837 8 0.7532 2,538.654 4 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 10 of 27 3.3 Site Preparation - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0461 0.0577 0.7163 1.4200e- 003 0.1118 9.8000e- 004 0.1128 0.0296 9.0000e- 004 0.0306 123.2032 123.2032 6.6300e- 003 123.3424 Total 0.0461 0.0577 0.7163 1.4200e- 003 0.1118 9.8000e- 004 0.1128 0.0296 9.0000e- 004 0.0306 123.2032 123.2032 6.6300e- 003 123.3424 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 4.6972 0.0000 4.6972 2.5820 0.0000 2.5820 0.0000 0.0000 Off-Road 3.2670 35.6384 26.8041 0.0240 1.8798 1.8798 1.7294 1.7294 0.0000 2,522.837 8 2,522.837 8 0.7532 2,538.654 4 Total 3.2670 35.6384 26.8041 0.0240 4.6972 1.8798 6.5770 2.5820 1.7294 4.3114 0.0000 2,522.837 8 2,522.837 8 0.7532 2,538.654 4 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 11 of 27 3.3 Site Preparation - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0461 0.0577 0.7163 1.4200e- 003 0.1118 9.8000e- 004 0.1128 0.0296 9.0000e- 004 0.0306 123.2032 123.2032 6.6300e- 003 123.3424 Total 0.0461 0.0577 0.7163 1.4200e- 003 0.1118 9.8000e- 004 0.1128 0.0296 9.0000e- 004 0.0306 123.2032 123.2032 6.6300e- 003 123.3424 Mitigated Construction Off-Site 3.4 Grading - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 6.5523 0.0000 6.5523 3.3675 0.0000 3.3675 0.0000 0.0000 Off-Road 3.1119 33.5518 21.8219 0.0235 1.7911 1.7911 1.6478 1.6478 2,474.040 5 2,474.040 5 0.7386 2,489.551 2 Total 3.1119 33.5518 21.8219 0.0235 6.5523 1.7911 8.3434 3.3675 1.6478 5.0153 2,474.040 5 2,474.040 5 0.7386 2,489.551 2 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 12 of 27 3.4 Grading - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0461 0.0577 0.7163 1.4200e- 003 0.1118 9.8000e- 004 0.1128 0.0296 9.0000e- 004 0.0306 123.2032 123.2032 6.6300e- 003 123.3424 Total 0.0461 0.0577 0.7163 1.4200e- 003 0.1118 9.8000e- 004 0.1128 0.0296 9.0000e- 004 0.0306 123.2032 123.2032 6.6300e- 003 123.3424 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 2.5554 0.0000 2.5554 1.3133 0.0000 1.3133 0.0000 0.0000 Off-Road 3.1119 33.5518 21.8219 0.0235 1.7911 1.7911 1.6478 1.6478 0.0000 2,474.040 5 2,474.040 5 0.7386 2,489.551 2 Total 3.1119 33.5518 21.8219 0.0235 2.5554 1.7911 4.3465 1.3133 1.6478 2.9611 0.0000 2,474.040 5 2,474.040 5 0.7386 2,489.551 2 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 13 of 27 3.4 Grading - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0461 0.0577 0.7163 1.4200e- 003 0.1118 9.8000e- 004 0.1128 0.0296 9.0000e- 004 0.0306 123.2032 123.2032 6.6300e- 003 123.3424 Total 0.0461 0.0577 0.7163 1.4200e- 003 0.1118 9.8000e- 004 0.1128 0.0296 9.0000e- 004 0.0306 123.2032 123.2032 6.6300e- 003 123.3424 Mitigated Construction Off-Site 3.5 Building Construction - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 3.6591 30.0299 18.7446 0.0268 2.1167 2.1167 1.9904 1.9904 2,689.577 1 2,689.577 1 0.6748 2,703.748 3 Total 3.6591 30.0299 18.7446 0.0268 2.1167 2.1167 1.9904 1.9904 2,689.577 1 2,689.577 1 0.6748 2,703.748 3 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 14 of 27 3.5 Building Construction - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.2363 2.4567 2.7101 5.4500e- 003 0.1562 0.0425 0.1987 0.0445 0.0391 0.0835 551.5566 551.5566 4.3300e- 003 551.6476 Worker 0.2998 0.3752 4.6561 9.2100e- 003 0.7266 6.3900e- 003 0.7329 0.1927 5.8600e- 003 0.1985 800.8206 800.8206 0.0431 801.7253 Total 0.5360 2.8318 7.3661 0.0147 0.8827 0.0489 0.9316 0.2372 0.0449 0.2821 1,352.377 2 1,352.377 2 0.0474 1,353.372 9 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 3.6591 30.0299 18.7446 0.0268 2.1167 2.1167 1.9904 1.9904 0.0000 2,689.577 1 2,689.577 1 0.6748 2,703.748 3 Total 3.6591 30.0299 18.7446 0.0268 2.1167 2.1167 1.9904 1.9904 0.0000 2,689.577 1 2,689.577 1 0.6748 2,703.748 3 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 15 of 27 3.5 Building Construction - 2015 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.2363 2.4567 2.7101 5.4500e- 003 0.1562 0.0425 0.1987 0.0445 0.0391 0.0835 551.5566 551.5566 4.3300e- 003 551.6476 Worker 0.2998 0.3752 4.6561 9.2100e- 003 0.7266 6.3900e- 003 0.7329 0.1927 5.8600e- 003 0.1985 800.8206 800.8206 0.0431 801.7253 Total 0.5360 2.8318 7.3661 0.0147 0.8827 0.0489 0.9316 0.2372 0.0449 0.2821 1,352.377 2 1,352.377 2 0.0474 1,353.372 9 Mitigated Construction Off-Site 3.5 Building Construction - 2016 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 3.4062 28.5063 18.5066 0.0268 1.9674 1.9674 1.8485 1.8485 2,669.286 4 2,669.286 4 0.6620 2,683.189 0 Total 3.4062 28.5063 18.5066 0.0268 1.9674 1.9674 1.8485 1.8485 2,669.286 4 2,669.286 4 0.6620 2,683.189 0 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 16 of 27 3.5 Building Construction - 2016 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.2088 2.1712 2.4937 5.4400e- 003 0.1562 0.0353 0.1915 0.0445 0.0324 0.0769 545.4949 545.4949 3.9100e- 003 545.5771 Worker 0.2706 0.3384 4.2161 9.2100e- 003 0.7266 6.0700e- 003 0.7326 0.1927 5.5800e- 003 0.1983 773.2287 773.2287 0.0396 774.0611 Total 0.4794 2.5096 6.7098 0.0147 0.8828 0.0413 0.9241 0.2372 0.0380 0.2752 1,318.723 5 1,318.723 5 0.0436 1,319.638 1 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 3.4062 28.5063 18.5066 0.0268 1.9674 1.9674 1.8485 1.8485 0.0000 2,669.286 4 2,669.286 4 0.6620 2,683.189 0 Total 3.4062 28.5063 18.5066 0.0268 1.9674 1.9674 1.8485 1.8485 0.0000 2,669.286 4 2,669.286 4 0.6620 2,683.189 0 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 17 of 27 3.5 Building Construction - 2016 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.2088 2.1712 2.4937 5.4400e- 003 0.1562 0.0353 0.1915 0.0445 0.0324 0.0769 545.4949 545.4949 3.9100e- 003 545.5771 Worker 0.2706 0.3384 4.2161 9.2100e- 003 0.7266 6.0700e- 003 0.7326 0.1927 5.5800e- 003 0.1983 773.2287 773.2287 0.0396 774.0611 Total 0.4794 2.5096 6.7098 0.0147 0.8828 0.0413 0.9241 0.2372 0.0380 0.2752 1,318.723 5 1,318.723 5 0.0436 1,319.638 1 Mitigated Construction Off-Site 3.6 Paving - 2016 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 1.0449 11.1930 7.4088 0.0111 0.6305 0.6305 0.5800 0.5800 1,158.188 4 1,158.188 4 0.3494 1,165.524 7 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 1.0449 11.1930 7.4088 0.0111 0.6305 0.6305 0.5800 0.5800 1,158.188 4 1,158.188 4 0.3494 1,165.524 7 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 18 of 27 3.6 Paving - 2016 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0333 0.0417 0.5189 1.1300e- 003 0.0894 7.5000e- 004 0.0902 0.0237 6.9000e- 004 0.0244 95.1666 95.1666 4.8800e- 003 95.2691 Total 0.0333 0.0417 0.5189 1.1300e- 003 0.0894 7.5000e- 004 0.0902 0.0237 6.9000e- 004 0.0244 95.1666 95.1666 4.8800e- 003 95.2691 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Off-Road 1.0449 11.1930 7.4088 0.0111 0.6305 0.6305 0.5800 0.5800 0.0000 1,158.188 4 1,158.188 4 0.3494 1,165.524 7 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 1.0449 11.1930 7.4088 0.0111 0.6305 0.6305 0.5800 0.5800 0.0000 1,158.188 4 1,158.188 4 0.3494 1,165.524 7 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 19 of 27 3.6 Paving - 2016 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0333 0.0417 0.5189 1.1300e- 003 0.0894 7.5000e- 004 0.0902 0.0237 6.9000e- 004 0.0244 95.1666 95.1666 4.8800e- 003 95.2691 Total 0.0333 0.0417 0.5189 1.1300e- 003 0.0894 7.5000e- 004 0.0902 0.0237 6.9000e- 004 0.0244 95.1666 95.1666 4.8800e- 003 95.2691 Mitigated Construction Off-Site 3.7 Architectural Coating - 2016 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Archit. Coating 33.9900 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.3685 2.3722 1.8839 2.9700e- 003 0.1966 0.1966 0.1966 0.1966 281.4481 281.4481 0.0332 282.1449 Total 34.3585 2.3722 1.8839 2.9700e- 003 0.1966 0.1966 0.1966 0.1966 281.4481 281.4481 0.0332 282.1449 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 20 of 27 3.7 Architectural Coating - 2016 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0541 0.0677 0.8432 1.8400e- 003 0.1453 1.2100e- 003 0.1465 0.0385 1.1200e- 003 0.0397 154.6457 154.6457 7.9300e- 003 154.8122 Total 0.0541 0.0677 0.8432 1.8400e- 003 0.1453 1.2100e- 003 0.1465 0.0385 1.1200e- 003 0.0397 154.6457 154.6457 7.9300e- 003 154.8122 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Archit. Coating 33.9900 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.3685 2.3722 1.8839 2.9700e- 003 0.1966 0.1966 0.1966 0.1966 0.0000 281.4481 281.4481 0.0332 282.1449 Total 34.3585 2.3722 1.8839 2.9700e- 003 0.1966 0.1966 0.1966 0.1966 0.0000 281.4481 281.4481 0.0332 282.1449 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 21 of 27 4.0 Operational Detail - Mobile ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Mitigated 5.4019 17.7402 71.9404 0.1483 10.0725 0.2881 10.3606 2.6906 0.2645 2.9551 13,747.54 19 13,747.54 19 0.6013 13,760.16 94 Unmitigated 5.4019 17.7402 71.9404 0.1483 10.0725 0.2881 10.3606 2.6906 0.2645 2.9551 13,747.54 19 13,747.54 19 0.6013 13,760.16 94 4.1 Mitigation Measures Mobile 3.7 Architectural Coating - 2016 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0541 0.0677 0.8432 1.8400e- 003 0.1453 1.2100e- 003 0.1465 0.0385 1.1200e- 003 0.0397 154.6457 154.6457 7.9300e- 003 154.8122 Total 0.0541 0.0677 0.8432 1.8400e- 003 0.1453 1.2100e- 003 0.1465 0.0385 1.1200e- 003 0.0397 154.6457 154.6457 7.9300e- 003 154.8122 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 22 of 27 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT General Light Industry 1,073.38 203.28 104.72 3,590,005 3,590,005 Total 1,073.38 203.28 104.72 3,590,005 3,590,005 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by General Light Industry 16.60 8.40 6.90 59.00 28.00 13.00 92 5 3 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day NaturalGas Mitigated 0.0985 0.8951 0.7519 5.3700e- 003 0.0680 0.0680 0.0680 0.0680 1,074.153 1 1,074.153 1 0.0206 0.0197 1,080.690 2 NaturalGas Unmitigated 0.0985 0.8951 0.7519 5.3700e- 003 0.0680 0.0680 0.0680 0.0680 1,074.153 1 1,074.153 1 0.0206 0.0197 1,080.690 2 5.1 Mitigation Measures Energy 4.4 Fleet Mix LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH 0.516610 0.060517 0.179979 0.140587 0.041566 0.006616 0.015092 0.027587 0.001923 0.002530 0.004314 0.000602 0.002075 Historical Energy Use: N CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 23 of 27 6.1 Mitigation Measures Area 6.0 Area Detail 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr lb/day lb/day General Light Industry 9130.3 0.0985 0.8951 0.7519 5.3700e- 003 0.0680 0.0680 0.0680 0.0680 1,074.153 1 1,074.153 1 0.0206 0.0197 1,080.690 2 Total 0.0985 0.8951 0.7519 5.3700e- 003 0.0680 0.0680 0.0680 0.0680 1,074.153 1 1,074.153 1 0.0206 0.0197 1,080.690 2 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr lb/day lb/day General Light Industry 9.1303 0.0985 0.8951 0.7519 5.3700e- 003 0.0680 0.0680 0.0680 0.0680 1,074.153 1 1,074.153 1 0.0206 0.0197 1,080.690 2 Total 0.0985 0.8951 0.7519 5.3700e- 003 0.0680 0.0680 0.0680 0.0680 1,074.153 1 1,074.153 1 0.0206 0.0197 1,080.690 2 Mitigated CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 24 of 27 Use Low VOC Paint - Non-Residential Interior Use Low VOC Paint - Non-Residential Exterior Use Low VOC Cleaning Supplies ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Mitigated 3.4420 1.6000e- 004 0.0164 0.0000 6.0000e- 005 6.0000e- 005 6.0000e- 005 6.0000e- 005 0.0337 0.0337 1.0000e- 004 0.0358 Unmitigated 4.0287 1.6000e- 004 0.0164 0.0000 6.0000e- 005 6.0000e- 005 6.0000e- 005 6.0000e- 005 0.0337 0.0337 1.0000e- 004 0.0358 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory lb/day lb/day Architectural Coating 0.9778 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 3.0492 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 1.6600e- 003 1.6000e- 004 0.0164 0.0000 6.0000e- 005 6.0000e- 005 6.0000e- 005 6.0000e- 005 0.0337 0.0337 1.0000e- 004 0.0358 Total 4.0287 1.6000e- 004 0.0164 0.0000 6.0000e- 005 6.0000e- 005 6.0000e- 005 6.0000e- 005 0.0337 0.0337 1.0000e- 004 0.0358 Unmitigated CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 25 of 27 8.1 Mitigation Measures Waste Institute Recycling and Composting Services Install Low Flow Bathroom Faucet Install Low Flow Toilet 7.1 Mitigation Measures Water 7.0 Water Detail 8.0 Waste Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory lb/day lb/day Architectural Coating 0.3911 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 3.0492 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 1.6600e- 003 1.6000e- 004 0.0164 0.0000 6.0000e- 005 6.0000e- 005 6.0000e- 005 6.0000e- 005 0.0337 0.0337 1.0000e- 004 0.0358 Total 3.4420 1.6000e- 004 0.0164 0.0000 6.0000e- 005 6.0000e- 005 6.0000e- 005 6.0000e- 005 0.0337 0.0337 1.0000e- 004 0.0358 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 26 of 27 10.0 Vegetation CalEEMod Version: CalEEMod.2013.2.2 Date: 6/9/2014 11:55 AMPage 27 of 27 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 6 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 11, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05735 LOCATION: 310 West Broadway (First Presbyterian Church of Anaheim) APPLICANT/PROPERTY OWNER: The applicant is Alice Chen, representing Frontiers Academy LLC. The property owner is First Presbyterian Church of Anaheim. REQUEST: The applicant requests approval of a conditional use permit to allow a preschool/elementary school for up to 100 students in conjunction with an existing church facility. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 2014-05735. BACKGROUND: This 1.9 acre property is developed with a church and is located in the Multiple-Family Residential (RM-4) zone. The General Plan designates the property for Medium Density Residential land uses. Surrounding uses include a post office and parking structure to the north, across West Broadway, single-family residences to the east, across Clementine Street, apartments to the south, and an office building and parking structure to the west, across Helena Street. In 1962, the Planning Commission approved a Conditional Use Permit No. 292 to permit an expansion to the existing church, including the addition of classrooms and a fellowship hall, as well as a parking variance to allow fewer parking spaces than required by the Zoning Code. A previous preschool/daycare facility, which was licensed to accommodate up to 147 students, was established in 1964 and ceased operations in June 2014. The church facility provides office space for two other tenants, including the Orange County Congregation Community Organization (OCCCO) and Los Ranchos Presbytery. The church facility also provides meeting space for two smaller churches, and other community groups. PROPOSAL: The applicant proposes to operate a private preschool/elementary school in conjunction with the existing church. The school would occupy the space of the previous preschool/daycare facility, with no physical improvements proposed as part of this application. Initially, two preschool classes, one kindergarten class and one first grade class will be offered with a total enrollment of 64 students. At full enrollment, preschool through third grade classes will be offered with a total enrollment of up to 100 students. The submitted plans indicate that the school would occupy classroom and office space on 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05735 August 11, 2014 Page 2 of 2 the first and second floor of an existing building as well as a small play area adjacent to a surface parking lot and an open court yard area adjacent to the building. As part of this application, the applicant is also requesting approval to accommodate future classroom space for second through third grade. The plans identify the potential classrooms for future expansion. The existing 55- space parking lot would serve the school as well as the church and other on-site tenants. A designated drop-off area is not proposed as part of this project as all students would be required to be checked-in by an adult. The hours of operation for the proposed use will be Monday through Friday, from 7:00 a.m. to 6:00 p.m., and will include a total of 12 employees. ANALYSIS: The Zoning Code permits educational uses in this zone subject to approval of a conditional use permit. The purpose of the conditional use permit is to ensure compatibility with surrounding uses. Current church services are held on Sundays at 10:30 a.m. with approximately 70 members in attendance. The church also has a total of 15 employees with office hours on Monday through Friday, from 8:30 a.m. to 5:00 p.m. OCCCO and Los Ranchos Presbytery have a combined total of 17 employees and also have similar office hours. The two smaller churches and community group meetings meet during evenings and weekends. The proposed school would operate during weekdays only. The school would utilize the same outdoor playground areas as the previous pre-school and staff does not anticipate there would be any increase in outdoor activity above the previous preschool use. In addition, the school would have a smaller maximum enrollment than the previous pre-school. Parking: Based on the size and proposed operation of the school, the Zoning Code requires 22 parking spaces for the school. A total of 55 parking spaces are provided on-site, therefore, the amount of parking provided exceeds Code requirements. The existing church holds its main service on Sundays while the proposed use will operate Monday through Friday only. Although the offices of the church, OCCCO and Los Rancho Presbytery will operate during similar hours as the school, the combined total number of employees during typical office hours would be 44 for all uses, including the proposed use. As such, sufficient parking would be available to serve all existing and proposed uses. Further, the existing design of the parking lot with one-way drive aisles serves to provide adequate vehicular circulation during the anticipated peak drop-off and pick-up hours of the proposed use. CONCLUSION: Staff believes that the addition of a preschool/elementary school is compatible with the church, existing on-site tenants and surrounding uses. In addition, the site is large enough to accommodate the use with adequate parking and on-site circulation. Staff recommends approval of the conditional use permit. Prepared by, Submitted by, Gustavo N. Gonzalez Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Statement of Operations The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s website at www.anaheim.net/planning. 4. Site and Floor Plans 5. Site Photographs R M -4 F irs t P re s b y te ria n C h u rc h o f A n a h e im R M -4 (S A B C )D U P L E X C -G (S A B C )R E T A IL C -G (D M U )M IX E D U S E R M -4 (S A B C )P A R K V IE W T E R R A C E A P T S 2 4 D U R M -3 (S A B C )D U P L E X O-LCITY OF ANAHE IMPOLICEDEPARTMENT R M -4 C IT Y P R O M E N A D E A P A R T M E N T S 1 0 2 D U C-G (DMU )HAR BOR LOFTS C -G (D M U )P O S T O F F IC E C-G (DMU)RES TAURA NT RM-3BROADWAY MANOR10 DU O -L O F F IC E S O -LS.F .R .R M -4 (S A B C )A P T S 2 2 D U ISINGLE FAMILY RE SIDENCE O -L D U P L E X RM-3 (SABC )AGRI CU LTUR E C -G (S A B C )A P T S 6 D U C -G (S A B C )R E T A IL O-L (DMU )OFFICE S C-G (DMU)ANA HEIM ICE C-G (DMU)RETAIL C -G R E L IG IO U S U S E RS-2DUPLEX C-GRESTAURA NT O -L (D M U )P A R K IN G S T R U C T U R E I (S A B C )A U T O R E P A IR O-LRELI GI OUS USER M -4 H E L E N A C O U R T A P T S 2 2 D U RM-3 (SABC)SFRI (S A B C )IN D U S T R IA L C -G (D M U )M IX E D U S E 9 5 D U R M -4 H E L E N A C O U R T A P T S 1 3 D U T (S A B C )S F R C -G (S A B C )S F R RM-4 (SABC)LI TTLEPEOPLE'S PARKC -G (S A B C )L IT T L E P E O P L E 'S P A R K W B R O A D W A Y S HARBOR BLVDW E L M S T S LEMON STS HELENA STW S A N T A A N A S TS CL EMENTI NE STS CLEMENTI NE STW C E N T E R S T R E E T P R O M E N A D E S. EAST STW .LINC O L N A V E E . L I N C O L N A V E W . B R O A D W A Y N. HARBOR BLVDS. WALNUT STN.ANAHEI MBLVDE .B R O A D W A Y S.HARBORBLVDS. ANAHEI M BLVDE . B R O A D W A Y S. ANAHEI M BLVD310 We st B r oad way D E V N o . 20 1 4-0 0 04 0 Su bje ct Property APN: 036-202-19 ATTACHM ENT NO. 1 0 50 10 0 Feet Ae ria l Pho to :Ma y 20 12 W B R O A D W A Y S HARBOR BLVDW E L M S T S LEMON STS HELENA STW S A N T A A N A S TS CL EMENTI NE STS CLEMENTI NE STW C E N T E R S T R E E T P R O M E N A D E S. EAST STW .LINC O L N A V E E . L I N C O L N A V E W . B R O A D W A Y N. HARBOR BLVDS. WALNUT STN.ANAHEI MBLVDE .B R O A D W A Y S.HARBORBLVDS. ANAHEI M BLVDE . B R O A D W A Y S. ANAHEI M BLVD310 We st B r oad way D E V N o . 20 1 4-0 0 04 0 Su bje ct Property APN: 036-202-19 ATTACHM ENT NO. 1 0 50 10 0 Feet Ae ria l Pho to :Ma y 20 12 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2014-05735 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00040) (310 WEST BROADWAY) 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. 2014-05735 to permit a preschool/elementary school for up to 100 students in conjunction with an existing church facility (herein referred to as the "Proposed Project") for certain real property located at 310 West Broadway 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 1.9 acres, is developed with a church facility. The Anaheim General Plan designates the Property for Medium Density Residential land uses. The Property is located within the Multiple-Family Residential (RM-4) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.06 (Multiple-Family Residential Zones) 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 August 11, 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. 2014-05735, 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 Conditional Use Permit No. 2014-05735, does find and determine the following facts: 1. The request to permit a private preschool/elementary school in an existing church is properly one for which a conditional use permit is authorized under paragraph .0402 of subsection .040 of Section 18.06.030 (Uses) of the Code. - 1 - PC2014-*** 2. The private preschool/elementary school in an existing church, under the conditions imposed, will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the private preschool/elementary school will be compatible with the surrounding office and residential uses in the area. Further, the existing use has proven to be compatible with surrounding land uses within the area. 3. The size and shape of the Property is adequate to allow the full operation of the existing church and preschool/elementary school because no exterior expansion of the building is proposed. Church services and related activities currently occur on the Property in a manner not detrimental to the particular area or to the health, safety and general welfare. Further, there is adequate parking and internal vehicular ciurlation to support the church, on-site tenants and preschool/elementary school, provided that they operate at the hours as described in the plan of operation submitted by the applicant with its application for the Conditonal Use Permit. 4. The traffic generated by the use is negligible and would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. No significant intensification of church activity is associated with the addition of the private preschool/elementary school. 5. The granting of Conditional Use Permit No. 2014-05735 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an integrated land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05735, 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. - 2 - PC2014-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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 August 11, 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 11, 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 11th day of August, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2014-*** - 4 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05735 (DEV2014-00040) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 90 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT 1. The existing trash bins shall be screened from the public view along Helena Street with slats on the existing gates. Public Works Department, Streets and Sanitation OPERATIONAL CONDITIONS 2. To ensure adequate parking supply, the preschool/elementary school shall not operate at the same time as the primary worship services of the church. Planning Department, Planning Services Division 3. The preschool/elementary school shall be limited to a maximum of 100 children. Planning Department, Planning Services Division GENERAL CONDITIONS OF APPROVAL 4. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 5. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 6. The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division - 5 - PC2014-*** ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 7 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 11, 2014 SUBJECT: TENTATIVE PARCEL MAP NO. 2014-100 LOCATION: 441 South Peralta Hills Drive APPLICANT/PROPERTY OWNER: The applicant is Winston Liu with W&W Technologies, Inc. and the property owner is Serge Sachdeva. REQUEST: The applicant requests approval of a tentative parcel map to establish a two-lot residential subdivision. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from the application of further environmental review under the California Environmental Quality Act (CEQA) under Class 15 (Minor Land Divisions) of the State CEQA Guidelines, and approving Tentative Parcel Map No. 2014-100. BACKGROUND: This 2.2 acre property is located in the "RH-1", SC (Single- Family, Hillside Residential Zone, Scenic Corridor Overlay) zone, which implements the Estate Residential land use designation in the General Plan. The property is also located within the Scenic Corridor (SC) Overlay Zone. As such, the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code apply in addition to, and where inconsistent with, shall supersede the regulations of the "RH-1" Single-Family Hillside Residential Zone. The site is currently vacant and the property is surrounded in all directions with single-family residences. PROPOSAL: The applicant proposes to subdivide one parcel into two lots for the future development of two single-family residences. Access would be provided from Peralta Hills Drive to both lots via a 24-foot wide driveway. No specific development plans are proposed as part of this request. ANALYSIS: The purpose of the Commission’s consideration of a tentative parcel map is to review the proposed subdivision for consistency with the General Plan and the Zoning Code. The Zoning Code requires a minimum lot size of 43,560 square feet and an average lot width of 140 feet in the RH-1 zone. Lot No. 1 would be 51,554 square feet with an average lot width of 196 feet. Lot No. 2 would be 43,744 square feet with an average lot width of 165 feet. The proposed parcels comply with these standards. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net TENTATIVE PARCEL MAP NO. 2014-100 August 11, 2014 Page 2 of 2 The subdivision would also be in conformance with the Land Use Element of the General Plan, which includes the following goals: • Goal 1.1: Preserve and enhance the quality and character of Anaheim’s mosaic of unique neighborhoods. • Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. • Goal 4.1: Promote development that integrates with and minimizes impacts to surrounding lands uses. • Goal 8.1: Preserve natural, scenic and recreational resources; continue to ensure residential neighborhoods are safe, well-maintained places to live; and continue to provide necessary community services and facilities. CONCLUSION: The requested subdivision would be in compliance with the goals of the General Plan and complies with the development standards of the "RH-1" Single-Family Hillside Residential Zone and the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone). The subdivision would be compatible with the surrounding residential neighborhood. Staff recommends approval of the requested subdivision. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Tentative Parcel Map Resolution 3. Applicant’s Request Letter The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Site Photographs 5. Site Plan 6. Tentative Parcel Map RH-1 (SC)VACANT RH-1 (SC)VACANT RH-1 (SC)VACANT RH-1 (SC)SINGLEFAMILYRESIDENCE RH-1 (SC)SINGLEFAMILYRESIDENCE RH-1 (SC)SINGLEFAMILYRESIDENCE RH-1 (SC)SINGLEFAMILYRESIDENCE RH-1 (SC)SINGLEFAMILYRESIDENCE RH-1 (SC)SINGLE FAMILY RESIDENCE RH-1 (SC)SINGLE FAMILY RESIDENCERH-1 (SC)SINGLEFAMILYRESIDENCERH-1 (SC)SINGLEFAMILYRESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-1 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-1 (SC)SINGLEFAMILYRESIDENCE RH-1 (SC)SINGLEFAMILYRESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCES PERALTA HILLS DRE VALLEY G ATE D RE EM B ER W O O D LNS BELLEZA LNS CALLE DANAN.TUSTINAVEE .R IV E R D A LEA VEE .N O H LRANCHRDE.SANTAANACAN Y O N R D S.ROYALOAKRD4 4 1 S o u t h P e r a lt a H il ls Dr iv e D E V N o . 2 0 1 4 -0 0 0 2 7 Subject Property APN: 361-242-14 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 S PERALTA HILLS DR E VALLEY G ATE D RE EM B ER W O O D LNS BELLEZA LNS CALLE DANAN.TUSTINAVEE .R IV E R D A LEA VEE .N O H LRANCHRDE.SANTAANACAN Y O N R D S.ROYALOAKRD4 4 1 S o u t h P e r a lt a H il ls Dr iv e D E V N o . 2 0 1 4 -0 0 0 2 7 Subject Property APN: 361-242-14 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING TENTATIVE PARCEL MAP 2014-100 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00027) (441 SOUTH PERALTA HILLS DRIVE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Tentative Parcel Map No. 2014- 100 to subdivide one parcel into two parcels (herein referred to as the "Parcel Map") for certain real property located at 441 South Peralta Hills Drive in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, is currently vacant and consists of approximately 2.2 acres. The Anaheim General Plan designates the Property for Estate Density Residential land uses. The Property is located within the "RH-1" (Single-Family, Hillside Residential) zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the “RH-1” (Single-Family, Hillside Residential) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.04 (Single Family Residential Zones) 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 August 11, 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 the proposed Parcel Map, 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 consists of a division of property in an urban area zoned for industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances are required, all services and access to the project site are available, the parcel was not involved in the division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent at the time of this determination, and that, therefore, pursuant to Section 15315 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2014-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Tentative Parcel Map No. 2014-100, does find and determine the following facts: 1. The proposed subdivision, including its design and improvements, is consistent with the Estate Density Residential land use designation in the Anaheim General Plan and, the zoning and development standards of the “RH-1”, (SC) (Single Family, Hillside Residential, Scenic Corridor Overlay) zone contained in Chapter 18.04 (Single-Family Residential Zone) of the Code; and 2. The site is physically suitable for the type and density of the Parcel Map in conformance with the development standards of the “RH-1”, SC (Single Family, Hillside Residential, Scenic Corridor Overlay) zone; and 3. The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified in the vicinity; and 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems since it the property will be developed with two single-family residential buildings in conformance with the development standards of the “RH-1”, SC (Single Family, Hillside Residential, Scenic Corridor Overlay) zone and the property is currently surrounded by single family residential homes; and 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2014-100, 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. - 2 - 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 August 11, 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 11, 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 11th day of August, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2014-100 (DEV2014-00027) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 Prior to or concurrently with grading plans approval, the applicant shall apply for a right-of-way construction permit from the Department of Public Works for all wall work in Peralta Hills Drive. Public Works Department, Development Services Division 2 A Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. Public Works Department, Development Services Division 3 The applicant shall record a drainage agreement as required per the approved site drainage configuration. Public Works Department, Development Services Division 4 The applicant shall record in the Orange County Recorder’s Office a covenant to maintain the slope and wall landscaping and irrigation to the satisfaction of the City Engineer. Public Works Department, Development Services Division PRIOR TO ISSUANCE OF A BUILDING PERMIT 5 The final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. Public Works Department, Development Services Division 6 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Euclid Avenue, the private street name sign and the Private Street. The covenant shall be recorded concurrently with the final map. Public Works Department, Development Services Division 7 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through water engineering division of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 All existing water services and fire services shall conform to current water services standards specifications. any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. the owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Department, Water Engineering 9 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules and Regulations. Public Utilities Department, Water Engineering PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 10 The developer/owner shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities, Water Engineering Division review and approval. the master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements. Public Utilities Department, Water Engineering 11 The developer/owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. this information will be used to determine the adequacy of the existing water system to provide the estimated water demands. any off-site water system improvements required to serve the project shall be done in accordance with rule no. 15a.6 of The Water Utility Rates, Rules, And Regulations. Public Utilities Department, Water Engineering 12 The developer/owner shall submit a set of improvement plans for Public Utilities, Water Eengineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities Department, Water Engineering 13 Water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved By City Attorney shall be posted with the City of Anaheim. Public Utilities Department, Water Engineering 14 The owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five foot wide easement around the fire hydrant and/or water meter pad, (ii) a twenty foot wide easement for all water service laterals to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department’s standard water easement deed. The easement deeds shall include language that requires the owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or Public Utilities Department, Water Engineering - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement, and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the owner and included and recorded in the Master CC&R’s for the project. 15 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: • 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals • 5-feet minimum separation from all other utilities, including storm drains, gas, and electric • 6-feet minimum separation from curb face PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING 16 Electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Utilities Department to establish electrical service. Public Utilities – Electrical Engineering PRIOR TO FINAL MAP APPROVAL 17 The legal property owner shall execute an unsubordinated Subdivision Improvement Agreement, in a form approved by the City Attorney, to complete any required public improvements at the legal property owner’s expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Attorney and City Engineer and then shall be filed in the Office of the Orange County Recorder upon approval by City Council. Public Works Department, Development Services Division 18 Lots shall be assigned street addresses by the Building Division. Public Works Department, Development Services Division 19 Vehicular access rights to Peralta Hills Drive, except at the private driveway opening, shall be released and relinquished to the City of Anaheim. Public Works Department, Development Services Division 20 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. Public Works Department, Development Services Division - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21 Any frontage fence or wall shall be designed to allow the minimum line of sight clear zone as shown in Engineering Standard Detail 115- B. No object more than 24 inches in height shall be in the required clear zone. Public Works Department, Development Services Division 22 An improvement certificate shall be placed on the final map to indicate that all required public water improvements shall be constructed prior to final building and zoning inspections as directed by the Public Utilities Director for future building or grading site development plans. Public Utilities Department, Water Engineering Division PRIOR TO FINAL BUILDING AND ZONING INSPECTION 23 The applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works Department, Development Services Division 24 All required street, landscaping, irrigation, sewer and drainage improvements shall be constructed prior to final building and zoning inspections and are subject to review and approval by the Construction Services inspector. Public Works Department, Development Services Division ON-GOING AND OPERATIONAL 25 The owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or city easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of city owned water facilities. provisions for maintenance of all said special surface improvements shall be included in the recorded master CC & R’S for the project and the city easement deeds. Public Utilities Department, Water Engineering - 9 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 26 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 27 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 28 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department, Planning Services Division 29 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 - 10 - PC2014-*** W&W Land Design Consultants, Inc. 2335 W Foothill Blvd., Suite 1, Upland, CA 91786 Civil engineering, Subdivision, Land planning Phone: (909) 608-7118 Fax: (909) 946-1137 Mrs. Vanessa Norwood, Associate Planner City of Anaheim, Planning Department 200 S. Anaheim Blvd., Suite 162 Anaheim, CA 92805 (714) 765-4934 Phone July 23, 2014 Subject: Letter of Request for Subdivision, APN: 361-242-14 & 361-252-06 Project Located at 441 South Peralta Hills Drive, Anaheim, CA Mrs. Vanessa Norwood: We are requesting to subdivide the above project that is about 2.20 ± acres into two parcels. We hope to receive approval for this subdivision soon. We appreciate your assistance on this matter. Thank you, Winston Liu, PE Principal Engineer ATTACHMENT NO. 3 PC 08/11/14 ITEM NO. 7, ATTACHMENT NO. 4 ATTACHMENT NO. 5 ITEM NO. 8 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 11, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05727 AND VARIANCE NO. 2014-04977 LOCATION: 198 West Cerritos Avenue (Rose Cafe) APPLICANT/PROPERTY OWNER: The applicant is Fouad Yacoub and the property owner is Anaheim Business Campus, LLC. REQUEST: The applicant is requesting approval of a conditional use permit to allow the sales of alcoholic beverages in an existing restaurant and to permit and retain an outdoor smoking lounge. The applicant is also requesting approval of a variance to allow fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 3, New Construction or Conversion of Small Structures) and approving Conditional Use Permit No. 2014-05727 and Variance No. 2014-04977. BACKGROUND: This 12.3-acre property is developed with a commercial/industrial business park containing eight buildings. The property is located in the C-G (General Commercial) Zone and the South Anaheim Boulevard Corridor (SABC) Overlay Zone. The General Plan designates this property for General Commercial land uses. The property is surrounded by a mobile home park to the north, the American Sports Center to the east across Anaheim Boulevard, a vacant commercially-zoned property to the south, and the I-5 freeway to the west. In 2009, this business was approved as a smoking lounge and restaurant with an administrative regulatory permit. Food service inside the restaurant was allowed at the time because staff did not actively enforce State labor laws prohibiting food service in conjunction with smoking lounges. Since the approval of the administrative permit, the City Attorney has advised staff that enforcement of State labor laws relating to workplace smoking does fall within the City’s jurisdiction to enforce. Staff is now actively enforcing the prohibition of food service inside indoor smoking lounges. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05727 AND VARIANCE NO. 2014-04977 August 11, 2014 Page 2 of 3 PROPOSAL: The applicant proposes to modify the floor plan and operations of an existing restaurant/hookah lounge in order to comply with State labor laws. The applicant also proposes to add the sale and consumption of alcoholic beverages within the restaurant. The following changes to the site and floor plans are proposed: • Convert the existing 3,168 square foot indoor restaurant/hookah lounge into a restaurant only with no smoking permitted. • Construct a 105 square foot indoor coal heating and hookah preparation area separate from the restaurant with direct access to the outdoor smoking lounge. • Permit and retain a 1,500 square foot covered patio that was constructed without permits and add a new 985 square foot covered patio to create a 2,485 square foot outdoor smoking lounge. The outdoor patio area would be enclosed by seven foot high walls, including 4 ½ feet of plexi-glass. • Install self-closing doors between the restaurant and outdoor smoking lounge to provide a physical barrier between the uses. The indoor restaurant would serve food and alcohol only. No smoking is proposed indoors. Food and hookah would be served in the outdoor area. The indoor restaurant and outdoor smoking lounge would be open from 11:00 a.m. to 4:00 a.m. daily. ANALYSIS: Outdoor Smoking Lounge: A conditional use permit is required for operation of an outdoor smoking lounge, regardless of the location, in order to ensure compatibility with surrounding uses. The outdoor smoking lounge would be accessory to the restaurant and would not operate independently from the restaurant. The restaurant and outdoor smoking lounge are located in a business/commercial complex with various types of commercial and light industrial uses. The majority of these businesses operate during regular weekday business hours. Although the restaurant and smoking lounge are open during weekday hours, peak business periods occur at night and on weekends. The nearest residential use is a mobile home park located approximately 490 feet north of the outdoor patio area. No live music or entertainment is proposed or allowed outdoors. Based on this information, staff believes that the outdoor smoking lounge is compatible with the area and surrounding businesses. Restaurant with Alcoholic Beverages: A conditional use permit is also required to permit the sale and consumption of alcoholic beverages (Type 47 - On-Sale General) in conjunction with the restaurant. A determination of public convenience or necessity is not required for restaurants serving alcohol. The number of alcohol licenses allowed in each of the City’s census tracts is regulated by the State Department of Alcoholic Beverage Control (ABC) and is based upon population. The restaurant is located within a census tract which has a population of 3,735. Based on this number, four on-sale licenses are allowed and two presently exist. This would be the third on-sale license in the census tract. The census tract also allows for three off-sale licenses and currently there are four licenses in the tract. This location is within Police Reporting District No. 2025 which has a crime rate that is 224% above the citywide average. The crime rate within CONDITIONAL USE PERMIT NO. 2014-05727 AND VARIANCE NO. 2014-04977 August 11, 2014 Page 3 of 3 ¼ mile of this property is 13% above the citywide average based upon calls for service. Reported calls include reports of grand theft auto, petty theft, simple assaults and driving under the influence. There have been 15 calls for service to this business in the last year. There are no outstanding code violations associated with the property. Staff conducted an inspection of the property and found it to be well maintained. Staff believes the sales of alcoholic beverages would complement the restaurant’s food service and would be compatible with the surrounding commercial land uses. 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 of alcoholic beverages sales and consumption in the outdoor smoking lounge area, as required by the Zoning Code; a prohibition on any exterior advertising of alcoholic beverages; and, a requirement that restaurant employees obtain ABC LEAD (Licensee Education on Alcohol and Drugs) training. Parking Variance: The Zoning Code requires 26 parking spaces for the restaurant and 43 parking spaces for the outdoor smoking lounge. The business center contains a total of 499 parking spaces. An updated parking analysis, dated August 4, 2014, prepared by K2 Traffic Engineering, Inc., was submitted by the applicant to supplement an analysis prepared by the same firm in 2012 for this property. The 2012 analysis concluded that there were 102 parking spaces available during peak weekend evening hours. Since the code required parking for the new outdoor smoking lounge is 43 spaces, the updated analysis concludes that 59 parking spaces would remain available during peak hours. Staff has conducted field observations and verified the availability of adequate parking during peak hours, as well as during daytime business hours, to meet the parking demands of Rose Café and the other businesses in the center. Based upon the findings of the parking analysis and staff observations, staff recommends approval of the parking variance as the parking spaces available on-site are adequate to accommodate the parking demand of proposed use and those of the entire business center. CONCLUSION: Staff believes that the request to permit an outdoor smoking lounge and the proposed sale of alcoholic beverages for on-premises consumption within an existing restaurant is compatible with the adjacent businesses and the surrounding area. The restaurant and outdoor smoking lounge would operate during times when parking demand for the other businesses in the center is substantially lower. Therefore, staff recommends approval of this request. 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 and Variance Resolution 3. Applicant’s Letters of Request 4. Updated Parking Study 5. Police Department Memorandum The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 6. Site Photographs 7. Plans C-G (SABC )ANA HEI M B USINE SS PARK C-G (SABC )ANA HEI MMARKETPLAC EINDOORSWAPMEET SP 92 -2DA1VACANT T (SA BC)RETAIL T (SA BC)RETAIL SP 9 2-1DA3ABERGSTRO MS CHILDRENS S TOR E C-G (SABC )RES TAU RA NT SP 92 -1DA3ARETAIL T (MH P)GO LDE N SKIESMOBILE H OM E PAR K C-G (SABC )VACANT C-G (SABC )VAC AN T I (SAB C)IND U STRI AL I (SAB C)IND U STRI AL I (SAB C)IND U STRIALTANAHEIM R ESORT RV PAR K SP 9 2-2DA1SYBRONDENTALSPECIATIE S 5 FREE W AY 5 FREE W AY S ANAHEIM BLVDS CLEMENTINE STW C ER RITOS AVES ZEYN STE. B ALL RDW. BALL RD S. LEWIS STS. HARBOR BLVDS. WALNUT STW. KATELLA AVE S.ANAHEI MBLVDE. KATELLA AVE S. STATE COLLEGE BLVDE. GENE AUTRY WAYS.DISNEYLANDDRW. DISNEY WAY 198 We st Ce rrito s Av en ue D E V N o . 20 1 4-0 0 01 2 Su bje ct Property APN: 082-214-01 ATTACHM ENT NO. 1 0 50 10 0 Feet Ae ria l Pho to :Ma y 20 12 5 FREE W AY 5 FREE W AY S ANAHEIM BLVDS CLEMENTINE STW C ER RITOS AVES ZEYN STS LEMON STE. B ALL RDW. BALL RD S. LEWIS STS. HARBOR BLVDS. WALNUT STW. KATELLA AVE S.ANAHEI MBLVDE. KATELLA AVE S. STATE COLLEGE BLVDE. GENE AUTRY WAYS.DISNEYLANDDRW. DISNEY WAY 198 We st Ce rrito s Av en ue D E V N o . 20 1 4-0 0 01 2 Su bje ct Property Su bje ct Site APN: 082-214-01 ATTACHM ENT NO. 1 0 50 10 0 Feet Ae ria l Pho to :Ma y 20 12 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING VARIANCE NO. 2014-04977 AND CONDITIONAL USE PERMIT NO. 2014-05727 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00012) (198 WEST CERRITOS AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Variance No. 2014-04977 to permit fewer parking spaces than required by the Anaheim Municipal Code (the "Code") and Conditional Use Permit No. 2014-05727 to permit an outdoor smoking lounge and service of alcoholic beverages within an existing commercial tenant space (collectively referred to herein as the "Proposed Project") for that certain real property located at 198 West Cerritos Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently developed with a commercial/industrial business park on approximately 12.3-acres. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located in the “C-G” (General Commercial) Zone. The Property is also located within the South Anaheim Boulevard Corridor (SABC) Overlay Zone, meaning that the regulations contained in Chapter 18.22 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the “CG” (General Commercial) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects, which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines") provides examples of projects that qualify for an exemption from the provisions of CEQA. The one example that is applicable to the Proposed Project is for "up to four… commercial buildings [such as a restaurant or similar structure] not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive." The proposed project fits within that example and, therefore, pursuant to Section 15303 of the State CEQA Guidelines, will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2014-*** WHEREAS, on August 11, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Variance No. 2014-04977 and Conditional Use Permit No. 2014-05727, 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 an outdoor smoking lounge and service of alcoholic beverages within an existing commercial tenant space with fewer parking spaces than required by the Zoning Code, does find and determine the following facts: 1. The proposed request to allow the outdoor smoking lounge and the sale and service of alcoholic beverages within an existing restaurant within the “C-G” General Commercial Zone and the South Anaheim Boulevard Corridor (SABC) Overlay Zone is properly one for which a conditional use permit is authorized by subsection .010 of Section 18.08.030 (Uses) of the Code; and 2. The proposed conditional use permit to allow the outdoor smoking lounge and the sale and service of alcoholic beverages within an existing restaurant , 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 operating hours for the proposed outdoor smoking lounge and restaurant will occur during the lowest parking demand of the adjacent businesses; and 3. The size and shape of the site for the use is adequate to allow the full development of the site with the outdoor smoking lounge and the sale and service of alcoholic beverages within an existing restaurant in a manner not detrimental to the particular area or to the health and safety because the proposed expansion of the existing restaurant will be located within an existing commercial building and is surrounded by compatible commercial uses; and 4. The traffic generated by the proposed outdoor smoking lounge and the sale and service of alcoholic beverages within an existing restaurant 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; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed the outdoor smoking lounge and the sale and service of alcoholic beverages within an existing restaurant will be compatible with the surrounding area because the use is integrated with other uses on within the commercial center and is not a health or safety risk to the citizens of the City of Anaheim. - 2 - PC2014-*** WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by the Code in conjunction with the proposed outdoor smoking lounge in conjunction with an existing restaurant should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (999 spaces required for the entire commercial center; 499 spaces existing) 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. A parking demand study was updated and prepared by K2 Traffic Engineering, Inc. dated August 4, 2014, which concluded that the current number of parking spaces within the commercial/industrial business park is sufficient to accommodate all of the uses on the site, including the Proposed Project. The study concluded that only 397 parking spaces is needed to serve the parking needs of the entire commercial/industrial business park at peak parking demand times. A total of 499 spaces are provided. Based on the updated parking analysis, the commercial/industrial business park parking lot will not exceed 80 percent of the parking capacity when occupied during peak parking demands created by the outdoor smoking lounge in conjunction with an existing restaurant; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because on-site parking within the commercial/industrial business park will not increase or compete for on-street parking, since adequate parking is provided on-site to accommodate the peak parking demands of the proposed outdoor smoking lounge in conjunction with an existing restaurant and the other uses on the site; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity. The outdoor smoking lounge in conjunction with an existing restaurant and all other uses on the site generate a peak parking demand of 397 parking spaces, while 499 spaces are available; and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the restaurant. - 3 - PC2014-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05727 and Variance No. 2014-04977, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 11, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 11, 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 11th day of August, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05727 AND VARIANCE NO. 2014-04977 (DEV2014-00012) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 90 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT 1 The proper building permits shall be obtained for the unpermitted outdoor patio improvements and for the proposed enclosed hookah preparation area. Planning Department, Code Enforcement Division and Building Division PRIOR TO COMMENCEMENT OF THE USE 2 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department 3 File an updated Emergency Listing Card, Form APD-281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim,net/article.asp?id=678. Police Department OPERATIONAL CONDITIONS 4 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning Department, Code Enforcement 5 No alcohol sales and consumption shall be permitted within any portion of the outdoor smoking area, in compliance with the Zoning Code. Planning Department, Code Enforcement 6 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Planning Department, Code Enforcement 7 The applicant shall be responsible for removing trash and debris within all shared parking areas on a daily basis. The parking lot shall be cleaned at the close of the business each night. Planning Department, Code Enforcement 8 Petitioner shall provide at least one uniformed security guard on Thursday, Friday, and Saturday nights, from 9:00 p.m. to closing. Police Department - 7 - PC2014-*** 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 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. Police Department 11 Petitioner(s) shall not require an admission/cover charge nor shall there be a requirement to purchase a minimum number of drinks. Police Department 12 The operation of any business under this permit shall not be in violation of any provision of the Anaheim Municipal Code, State or County ordinances, rules or regulations, including but not limited to Section 6404.5 of the California Labor Code. Police Department 13 The sale of alcoholic beverages for consumption off- premises shall be prohibited. Police Department 14 The number of patrons at the business shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. Police Department 15 The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. Entertainment must be contained in the restaurant portion of the business only. Outdoor entertainment is prohibited. Police Department 16 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. Police Department 17 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 18 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 19 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 20 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 - 8 - PC2014-*** 21 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 22 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. Police Department 23 The interior restaurant shall be maintained as a bona fide restaurant at all times it is open for business. The restaurant shall provide a menu containing an assortment of foods normally offered in such restaurant. No smoking of any tobacco products shall be permitted within the restaurant. Signs prohibiting smoking of tobacco products within the restaurant shall be installed and maintained at entry points to the restaurant advising patrons that smoking is prohibited within the restaurant, including any area used for the preparation of food. Police Department 24 The applicant shall install a self-closing door as determined appropriate by the Building Official, at the doorway between the enclosed restaurant and the outdoor smoking lounge to prevent smoke from the outdoor smoking lounge from migrating into the enclosed restaurant. The applicant shall not permit that door to remain open, except for the use of employees, for the purpose of serving food and beverages to patrons, guests and invitees sitting in the outdoor smoking lounge. Planning Department, Building Division 25 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 26 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 27 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws. Fire Department 28 No alcoholic beverages are allowed in the patio area. Signs stating “No alcohol past this point” shall be posted near all exits from the restaurant to the patio. Police Department 29 The maximum occupancy shall not exceed the occupancy limit for the premises established by the Anaheim Fire Department and Building Division. Fire Department, Building Division, Code Enforcement 30 All business related activities shall be conducted wholly within the building. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted. Police Department - 9 - PC2014-*** 31 No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Anaheim Police Department. Police Department 32 No persons under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed including any outdoor seating area, and signs shall be posted at the entrances to the patio area stating “No person under the age of 18 allowed beyond this point.” Police Department 33 The applicant shall install a pedestrian gate at the northeast corner of the outdoor smoking area to provide direct access to the outdoor smoking lounge from the parking lot sidewalk. Planning Department, Code Enforcement 34 The business shall be operated in accordance with the Letter of Request and Parking Demand Analysis submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and Parking Demand Analysis and to ensure compatibility with the surrounding uses. Planning Department, Planning Services Division GENERAL CONDITIONS 35 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. Police Department 36 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department, Planning Services Division 37 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 38 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 Planning Department, Planning Services Division - 10 - PC2014-*** 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. 39 The Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Department, Planning Services Division - 11 - PC2014-*** To: Planning Commission Members Last year, we purchased the restaurant and hookah bar, Rose Café. Already in the works from the previous owner was an expansion project for the patio. Not questioning the thoroughness of the previous owner, we wrongfully assumed that the project had been filed and approved appropriately by the city of Anaheim. As we have come to find out, that unfortunately was not the case. Luckily for us, all commissioned additions were performed to code and we have numerous pictures and the engineering plans to detail these facts. In order to correct any issues at hand, it is our aim to right any code violations with the following conditional use permit (CUP). We hope to receive approval from the city of Anaheim for the expansion project performed on Rose Café. We seek approval from the city of Anaheim for: 1) All the expansions and additions put into place by the previous owner, this includes, the construction of the patio, the patio cover, the perimeter cinder block/glass wall, the storage room, and for all the cement that has been poured for the project. 2) The expansion of the storage room that will allow for the preparation of hookah coals. This area would comply with the requirement to keep food uses separate from the hookah. 3) The ability to serve alcohol and food inside the restaurant. 4) The ability to serve food and Hookah on the covered patio area. 4) We seek approval from the City of Anaheim to completely cement the entirety of the outside patio area. During night hours, our restaurant brings life to a very quiet plaza. The newly added space and authentic experience brings crowds of families, business locals, and vacationers to enjoy hookah and high quality Middle Eastern food in a nice patio surrounded by an attractive block/glass wall (the wall being an already completed addition in the expansion project). Specifically, the block/glass wall protects guests from noise and weather, yet allows them to view the surrounding area. In conclusion, our business, Rose Café is looking to expand its opportunities and flourish in the city of Anaheim. For us to make this dream a reality, we need the city of Anaheim to approve that the entirety of the expansion for Rose Café, was indeed up to municipal building codes. Specifically, the patio, patio cover, cinder block and glass wall, and the pouring of additional cement on the patio are all items that we wish to have approved by the city. We strongly believe the city of Anaheim will recognize the needs and opportunities of our business and will help us thrive in the great city of Anaheim. Parking and traffic should not be an issue since our business is conducted mostly between the hours of 7 pm- 4 am, when all other neighboring businesses in the plaza are closed. Rose Café also has a security guard overlook the parking lot in order to ensure the safety of our customers. Respectfully, Fouad Yacoub Owner of Rose Cafe K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com August 4, 2014 Fouad Yacoub Rose Cafe 198 W. Cerritos Ave Anaheim, CA 92805 Re: Parking Study - Rose Cafe Expansion 198 W. Cerritos Avenue, Anaheim Hi Fouad, Per your request, we have conducted a parking demand analysis for the proposed expansion of Rose Cafe. This letter presents our methodology, findings, and recommendations in regards to sufficiency of on-site parking. PROJECT INFORMATION Rose Cafe is an existing restaurant of 3,250 sq. ft. gross floor area (GFA) located at 198 W. Cerritos Ave in the City of Anaheim. The subject restaurant hopes to provide additional seating of approximately 2,500 sq. ft. in the outdoor patio and garden. The restaurant opens daily from 11 am to 4 am. The expansion floor plan is included in Exhibit 1. EXISTING CONDITIONS The subject site of Anaheim Business Campus is situated at the southwest corner of Cerritos Avenue and Anaheim Boulevard in Anaheim. The subject restaurant is located at the southeast corner of the Campus in Building Five. Site plan is shown on Exhibit 2. Current tenants in the subject and adjacent buildings are shown in Appendix A. There is no vacant unit at the time of this study. PARKING SURVEY A parking survey for Anaheim Business Campus were conducted by Traffic Safety Engineers in December 2012. The survey found that the peak parking demands including all existing, proposed, and approved uses occurred on Friday evening around 8 pm. At this time of peak parking demand, 397 parking spaces would be ATTACHMENT NO. 4 Parking Study - Rose Cafe Expansion August 4, 2014 198 W. Cerritos Ave, Anaheim Page 2 of 2 K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com used, equivalent to approximately 80% of the parking capacity of 499 spaces. At least 102 parking spaces are available at the time of peak parking demand in the Campus. Complete survey data can be found in Appendix B. PARKING DEMAND Parking requirement for the restaurant expansion of 2,500 square feet was calculated based on 17 parking spaces per 1,000 sq. ft. GFA for outdoor smoking and dining area based on the latest Municipal Codes of the City of Anaheim. The project requires 43 additional parking spaces. As indicated in the parking survey, Anaheim Business Campus generally provides ample parking spaces. Existing tenants at the subject and adjacent buildings has remained current. This study therefore concludes that the project's parking demand can be sufficiently accommodated within the capacity of Anaheim Business Campus. Regards, K2 Traffic Engineering, Inc. Jende Kay Hsu, T.E. California License T2285 City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: Vanessa Norwood/Planning Department Case No.: DEV 2014-00012/CUP 2014-05727 Rose Cafe 198 W. Cerritos Ave. Date: August 5, 2014 From: Lieutenant Craig Friesen Anaheim Police Department Vice, Narcotics and Criminal Intelligence Bureau Commander Contact: Name: S.P.S.R. Michele Irwin Phone: 714-765-1461 Email: mmirwin@anaheim.net The Police Department has reviewed the above case. Please see the following comments and conditions for more information: COMMENTS: Public Convenience and Necessity Information: The Police Department has received an I.D.C. Route Sheet for DEV 2014-00012. The applicant is requesting to allow the sales of alcoholic beverages in an existing restaurant and permit and retain an outdoor smoking lounge. The location is in Census Tract Number 874.03 which has a population of 3,735. This population allows for 4 on sale Alcoholic Beverage Control licenses and there are presently 2 licenses in the tract. It also allows for 3 off sale licenses and there are presently 4 licenses in the tract. This location falls within Reporting District 2025 which is 224% above the City average in crime. There have been 15 calls for service to this location in the last year and they consisted of: 1 child welfare check, 1 fight, 2 assault, 1 brandishing a firearm, 4 burglary alarm, 1 assist other department, 1 lost or stolen property, 1 vehicle burglary, 2 disturbances and 1 drunk in public. The ¼ mile radius surrounding this location is 13% above the city average in crime. The calls for service primarily consisted of: 13 grand theft autos, 11 petty thefts, 12 simple assaults and 10 driving under the influence. RECOMMENDED CONDITIONS OF APPROVAL: The Police Department requests the following conditions be placed on the Conditional Use Permit: ATTACHMENT NO. 5 No. Timing Condition Responsible Department 1. The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. Police Department 2. Petitioner shall provide at least one uniformed security guard on Thursday, Friday, and Saturday nights, from 9:00 p.m. to closing. Police Department 3. 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 4. 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. Police Department 5. Petitioner(s) shall not require an admission/cover charge nor shall there be a requirement to purchase a minimum number of drinks. Police Department 6. 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. Police Department 7. The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 8. 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. Police Department 9. The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. Entertainment must be contained in the restaurant portion of the business only. There shall be no entertainment, amplified music or dancing permitted in the patio area where hookah smoking is taking place. Police Department 10. The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. Police Department 11. The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed Police Department premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 12. Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. Police Department 13. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 14. 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 15. 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 16. 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 17. 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. Police Department 18. The interior restaurant shall be maintained as a bona fide restaurant at all times it is open for business. The restaurant shall provide a menu containing an assortment of foods normally offered in such restaurant. Police Department 19. 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 20. Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 21. No alcoholic beverages are allowed in the patio area. Signs stating “No alcohol past this point” shall be posted near all exits from the restaurant to the patio. Police Department 22. All business related activities shall be conducted wholly within the building. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted. Police Department 23. No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Anaheim Police Department. Police Department 24. No persons under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed including any outdoor seating area, and signs shall be posted at the entrances to the patio area stating “No person under the age of 18 allowed beyond this point.” Police Department Concur: Office of Chief of Police f:\home\mmirwin\2014-00012 DEV 198 W Cerritos Rose Cafe.doc ATTACHMENT NO. 6 ATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.