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PC 2015/01/12City of Anaheim Planning Commission Agenda Monday, January 12, 2015 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 websitewww.anaheim.net/planningon Thursday, January 8, 2015, 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 planningcommission@anaheim.net e-mail address: 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, 10calendar days Tentative Tract and Parcel Maps will be final 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. AnaheimPlanning 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. 01/12/15 Page 2of 8 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2006-05108A Resolution No. ______ (DEV2014-000131) Location:2414 East Katella Avenue Request: To amend a conditional use permit for the Project Planner: Amy Vazquez sales and consumption of beer and wine to allow the avazquez@anaheim.net sales and consumption of alcoholic beverages at a restaurant within a commercial 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 Guidelinesas a Class 1 (Existing FacilitiesCategorical Exemption. ) ITEM NO. 3 VARIANCE NO. 4065AResolution No. ______ (DEV2014-00079 Location:528 SouthState College Boulevard Request: To allow fewer parking spaces than required Project Planner: Elaine Thienprasiddhi by the Code for a retail clothing store in a former ethien@anaheim.net furniture store building. Environmental Determination:The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelinesas a Class1 (Existing Facilities ) Categorical Exemption. 01/12/15 Page 3of 8 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 3919AResolution No. ______ VARIANCE NO. 2014-04995 (DEV2014-00086) Location:8200 East Crystal Drive Request: To amend a previously-approved conditional Project Planner: David See use permit to expand an existing automobile dealership, dsee@anaheim.net to include roof-mounted equipment in the Scenic Corridor Overlay zone, and to allow more wall signs than allowed 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) CategoricalExemption. ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2014-05765 Resolution No. ______ VARIANCE NO. 2014-04998 (DEV2014-00102) Location:8285 E.Santa Ana Canyon Road,Unit 130 Request: To permit an instructional art studio with Project Planner: Vanessa Norwood on-site sales and service of beer and wine with fewer vnorwood@anaheim.net 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 Guidelinesas a Class 1 (Existing Facilities) Categorical Exemption. 01/12/15 Page 4of 8 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2014-05759 Request for Continuance VARIANCE NO. 2014-04985to January 26, 2015 PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00111 (DEV2014-00092) Location:1001–1037 North Magnolia Avenue and 2610 West La Palma Avenue Request: For:1) a conditional use permit for the partial Project Planner: Gustavo Gonzalez demolition and reconstruction of an existing shopping ggonzalez@anaheim.net center to include a drive-thru pharmacy and drive-thru fast food restaurant; and, to permit alterations to two legal nonconforming signs; 2) a Determination of Public Convenience or Necessity for the sale of alcoholic beverages at the pharmacy for off-site consumption; and 3) a variance to allow fewer parking spaces than required by the Zoning Code. Environmental Determination:The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelinesas a Class2(Replacement or Reconstruction of Existing Structures)Categorical Exemption. 01/12/15 Page 5of 8 ITEM NO. 7 ZONING CODE AMENDMENT NO. 2014-00121 Motion (DEV2014-00123)AND ADJUSTMENT NO. 7 TO THE ANAHEIM RESORT SPECIFIC PLAN (SPN92-2U) Location:Citywide Project Planner: Request: A City-initiated amendment to Title 18 (Zoning) of Gustavo Gonzalez the Anaheim Municipal Code making technical and clarifying ggonzalez@anaheim.net changes including, but not limited to, the following Zoning Code chapters: 1) Chapter 18.06 (Multiple-Family Residential Zones) –Clarification of terminology related to non-residential classes of uses and technical corrections to minimum size of recreational-leisure area requirements in multiple-family residential zones; 2) Chapter 18.14 (Public and Special- Purpose Zones) –Clarification of special provisions related to single-family detached dwellings; 3) Chapter 18.16 (Regulatory Permits) –Minor modifications to regulatory permits for entertainment uses; 4) Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) –Modifications to the density regulations and minimum parking requirements in the Platinum Triangle Mixed Use Overlay Zone; 5) Chapter 18.32 (Mixed Use (MU) Overlay Zone) –Modificationto the regulation of uses by adding Short Term Rentals as a permitted use; 6) Chapter 18.38 (Supplemental Use Regulations) –Modifications to the provisions for home occupations and second units; 7) Chapter 18.40 (General Development Standards) –Modifications to the regulations of wall height limitations for residential developments; 8) Chapter 18.42 (Parking and Loading) – Modifications to the provisions for residential parking requirements; 9) Chapter 18.46 (Landscaping and Screening) –Minor modifications to the provisions for landscaping requirements in front yard landscape setbacks, wall height limitations abutting railroad corridors and freeways for residential developments and landscaping on walls, fences and trash enclosures, and artificial turf standards; 10) Chapter 18.56 (Nonconformities) –Technical corrections to references related to management of the Historic Preservation program; 11) Chapter 18.60 (Procedures) –Modifications to the procedures regarding City Council review of discretionary land use applications and the approval authority for time extensions to satisfy conditions of approval; and 12) Chapter 18.92 (Definitions) –Addition of a definition for “Wet Bar.” 13) Chapter 18.08 (Commercial Zones); 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); 18.30 (Downtown Mixed Use (DMU) Overlay Zone; 18.32 (Mixed Use (MU) Overlay Zone; 18.36 (Types of Uses); 18.42 (Parking and Loading); 18.92 (Definitions); and, 18.116 (Anaheim Resort Specific Plan No. SP92-2) –Modifications to provisions relating to Computer Internet & Amusement Facilities. 01/12/15 Page 6of 8 ITEM NO. 7(Continued) Environmental Determination: The Planning Commission will consider whether to find that this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referredto as the "State CEQA Guidelines") because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project", as defined in Section 15378 of the CEQA Guidelines. Continued from the December 15, 2014 Planning Commission meeting. Adjourn to Monday, January 26, 2015at 5:00 p.m. 01/12/15 Page 7of 8 CERTIFICATION OF POSTING Ihereby certify that a complete copy of this agenda was posted at: 4:45 p.m.January 7,2015 (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 hearingsaccessible 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 decopia 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 ntacto con la Oficina de Secretaria de la modificación, ayuda o servicio poniéndose en co 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. 01/12/15 Page 8of 8 ITEM NO.2 PLANNING COMMISSIONREPORT City of Anaheim PLANNING DEPARTMENT DATE:JANUARY 12, 2015 SUBJECT:CONDITIONAL USE PERMIT NO.2006-05108A LOCATION: 2414East Katella Avenue(Erba Pizzeria) APPLICANT/PROPERTY OWNER: The applicant is Edward Hu with LV Group, LLC.The agent representing the applicant isDavid Jackson and the property owner is Starmont Shops at Stadium Towers. REQUEST: The applicant requestsan amendment toa conditional use permit to allow the sales and consumption of alcoholic beverages at a restaurant within a commercial centerthat currently sells beer and wine only. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 2006-05108A. BACKGROUND: This 2.0-acre propertyis developed with two commercial buildings. The property is located in the General Commercial(C-G)and the Platinum Triangle Mixed-Use (PTMU) Overlay zones.The General Plan designates this property for Mixed Use land uses. The property is surrounded by a freestanding restaurantto the east and offices to the north, south and west. ConditionalUse Permit No. 2006-05108 to permit the sale of beer and wine for on- premises consumption in a restaurant with outdoor dining was approved by the Zoning Administrator on July 6, 2006. PROPOSAL: The applicant is requesting approval to upgrade an existingOn-Sale Beer and Wine-Eating Place (Type 41)license to an On-Sale General-Eating Place (Type 47) Alcoholic Beverage Control (ABC) license for a 2,956 square foot pizza restaurant.No physical changes to the restaurant space are proposed.The restaurant would provide a full lunch and dinner menu seven days a week,with daily hours of operation from 10:30a.m. to 2:00 a.m. ANALYSIS: The Zoning Code requires a conditional use permit to authorize the sale of alcoholic beveragesin a restaurant in orderto ensure compatibility with surrounding uses. A determination of public convenience or necessity is not required for restaurants serving alcoholic beverages. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2006-05108A January 12, 2015 Page 2of 2 The number of alcohol licenses allowed in each of the City’s census tracts is regulated by ABCand is based upon population. The restaurant is located within Census Tract No. 863.03, which has a population of 6,212 residents. This population allows for seven licenses and presently there are 23 licenses within the tract. The high concentration of licenses in the tract is due to the location of the property within the Platinum Trianglewhich has a large number of alcohol-serving restaurant and entertainment uses. This concentration is consistent with the unique character of the Platinum Triangle,which isa regional sports and entertainment destination. The location is within Police Reporting District No. 2028, which has a crime rate that is below the citywide average. There have been no calls for service to this location in the last year. The crime rate within ¼ mile of this property is also below the citywide average with calls for service during the past year consisting of ten petty thefts, eight vandalisms and six simple assaults. Staff does not anticipate that the addition of the sales ofalcoholic beverages at this location would contribute to an increase in crime. Staff believes the sale of alcoholic beverages would be compatible with the surrounding area because this is a predominantly commercial area consisting of other restaurant, entertainment, retail and office uses. Beer and wine has been served at this business since 2006 without impacting adjacent businesses or properties. Conditions of approval to help ensure that the business is operated in a responsible manner have been attached to the draft resolution. These conditions include a prohibition on any exterior advertising of alcoholic beverages and required ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees. Staff conducted an inspection of the property and found it to be well maintained. There are no outstanding Code Enforcement violations associated with this property. CONCLUSION: The sale of alcoholic beverages in conjunction with a pizza restaurant would complement existing nearby businesses and entertainment venues. The recommended conditions of approval would ensure that the sale of alcoholic beverages would be compatible with surrounding land uses. Staff recommends approval of this request. Prepared by,Submitted by, Amy VazquezJonathan E. Borrego Associate Planner, Lilley Planning GroupPlanning Services Manager Attachments: 1.Vicinity and Aerial Maps 2.Draft Conditional Use Permit Resolution 3.Letter of Request 4.Police Memorandum The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5.Photographs 6.Site Plan 7.Floor Plan ATTACHMENT NO. 1 I I INDUSTRIAL STADIUM PLAZA BUSINESS PARK I INDUSTRIAL O-H (PTMU) Office OFFICES I (PTMU) Office MU) SERVICE STATION C-G (PTMU) ce Katella Sub-Area C R/SERVICE RESTAURANT C-G (PTMU) Katella Sub-Area C BUSINESS PARK O-L (PTMU) Katella Sub-Area C O-L (PTMU) STADIUM TOWER PLAZA Katella Sub-Area C OFFICE BLDG. STADIUM TOWER PLAZA OFFICE BLDG. O-L (PTMU) Katella Sub-Area C PARKING STRUCTURE O-L (PTMU) Katella Sub-Area C PR (PTMU) VACANT Stadium ANGEL STADIUM OF ANAHEIM 050100 ° Aerial Photo: May 2014 Feet Subject Property APN: 253-532-13 DEV No. 2014-00131 2414 East Katella Avenue ATTACHMENT NO. 1 050100 ° Aerial Photo: May 2014 Feet Subject PropertyAPN: 253-532-13 DEV No. 2014-00131 2414 East Katella Avenue [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSIONOF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO.2006-05108AND MAKINGCERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00131) (2414 EAST KATELLA AVENUE) WHEREAS, on July 6,2006, and subject to certain conditions of approval, the Zoning Administratorof the City of Anaheim, by Resolution No. ZA2006-14, (1) approved Conditional Use Permit No. 2006-05108 (herein referred to as the "Original CUP") to permit the sale of beer and wine for on-premises consumption in a proposed restaurant with outdoor dining on premises located at2414 East Katella Avenue, County of Orange, State of California(the "Premises"), which Premises is located within a commercial centercommonly known as 2406-2432 East Katella Avenue. The location of the commercial center is generally depicted on the map attached hereto as Exhibit Aand incorporated herein by this reference (the "Property").The conditions of approval which were the subjectof the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commissiondid receive a verified petition to amend the Original CUP to permitthe sales and consumption of alcoholic beverages at a restaurant at the Premises("Proposed Project") pursuant to Section 18.60.190(Amendment of Permit Approval) of the Anaheim Municipal Code (“Code”). Said amendment is designated as Conditional Use Permit No. 2006-05108A; and WHEREAS, the Property is approximately 2.0 acres in size and is developed with an 8-unit commercial center. The Land Use Element of the Anaheim General Plan designates the Property for Mixed Use land uses. The Property is located within the “C-G” General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onJanuary 12, 2015at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2006-05108A, 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 consistsof the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and -1-PC2015-*** 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 forConditional Use Permit No. 2006-05108A , does find and determine the following facts: 1.The request to permit alcoholic beveragesfor on-premises consumption in conjunction witharestaurant in an existing commercial retail center in the Commercial Zone is an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section 18.08 of the Code provided that a conditional use permit is approved. 2.The request to permit alcoholic beverageservice for on-premises consumption in conjunction with a restaurant would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is currently developed with a commercial retail center and the proposed use of the Premises at the Propertyis compatible with the existing uses withinthe commercial center and uses in the surrounding area; and 3.The size and shape of the site is adequate to allow the full development of the existing use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail center and there is no proposed expansionof thePremises; and 4.The traffic generated by permitting alcoholic beverageservice for on- premises consumption in conjunction with a restaurant would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the Property are consistent with the existing commercial use of the Premisesand the permitted businesses within the commercial center; and 5.The granting of Conditional Use Permit No. 2006-05108Aunder the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Property is a commercial center which allows restaurant businesses and the existing restaurant is compatible with the surrounding area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution.The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 2006-05108Ais hereby approved, thereby amending the Original CUPfor the Proposed Project. -2-PC2015-*** BE IT FURTHER RESOLVED that,effectiveupon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit Band incorporated herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions of Approval andhereby replace the Previous Conditions of Approvalin their entirety. All references to the conditions of approval for the Original CUP and this Conditional Use Permit No. 2006-05108Ashall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 2006-05108A. BE IT FURTHER RESOLVED that theconditions of approval described in Exhibit Battached hereto are hereby found to be a necessary prerequisite to the proposed use of the PremisesunderConditional Use Permit No. 2006-05108Ain order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordancewith 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 anyother 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 January 12, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3-PC2015-*** 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 January 12, 2015, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 12day of January, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4-PC2015-*** -5-PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2006-05108A (DEV2014-00131) RESPONSIBLE CONDITIONS OF APPROVAL DEPARTMENT NO. OPERATIONAL CONDITIONS 1. The managers and/or owners shall coordinate withthe Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education Police Department on Alcohol and Drugs Program) Training for themselves and service employees. The contact number is 714-558-4101. 2.The activities occurring in conjunction with the operation of this Police Department establishment shall not cause noise disturbances to surrounding properties. 3. All activities related to the use shall occur indoors, except as may Planning Department, be permitted by an authorized Special Event Permit.Code Enforcement Division 4.There shall be no admission fee, cover charge, or minimum purchase Police Department required. 5.At all times when the premises is open for business, the premises Police Department shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 6. There shall be no exterior advertising of any kind or type, Police Department including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 7.The existing restaurant shall be operated in accordance with the Planning Department, Letter of Operation submitted as part of this application. Any Planning Services changes to the business operation as described in the Letter of Division Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. 8.Security measures shall be provided to the satisfaction of the Police Department Anaheim Police Departmentto 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. Any 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. 9.The sale of alcoholic beverages for consumption offthe premises Police Department shall be prohibited. -6-PC2015-*** RESPONSIBLE CONDITIONS OF APPROVAL DEPARTMENT NO. 10.The occupancy shall not exceed the occupancy limit for the premises Police Department, established by the Anaheim Fire Department. Signs indicating the Fire Department occupant load shall be posted in a conspicuous place on an approved sign near the main exit(s) from the room(s). 11.The business shall not employ or permit any persons to solicit or Police Department 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. 12.The managers and/or owners shall not share any profits, or pay any Police Department percentage or commission to a promoter or any other person, based uponmonies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 13.Subject alcoholic beverage license shall not be exchanged for a Police Department 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. 14.Adequate lighting of parking lots, passageways, recesses, and Police Department grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site.All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 15.No required parking area shall be fenced-off or otherwise enclosed Planning Department, for outdoor storage uses.Code Enforcement Division 16.Windows of restaurant shall not be covered by advertising to the Police Department extent that the interior is not clearly visible from the outside to enable officers responding to potential emergency situations to observe any activity which may be occurring inside. At no time shall window signs exceed 10% of the window area, in compliance with the Zoning Code. 17.The managers and/or owners shall be responsible for maintaining the Planning Department, area adjacent to the premises over which they have control, in an Code Enforcement orderly fashion through the provision of regular maintenance and Division removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 18.There shall be noentertainment, amplified music, loitering, or Police Department dancing permitted outside of the building. No entertainment shall be -7-PC2015-*** RESPONSIBLE CONDITIONS OF APPROVAL DEPARTMENT NO. allowed on the premises unless the business owner first obtains an Entertainment Permit. GENERAL CONDITIONS OF APPROVAL 19. The Applicant shall defend, indemnify, and hold harmless the Planning Department, City and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as “Indemnitees”) from Division any and all claims, actions or proceedingsbrought 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. 20. The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of building Division 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. 21. The subject Property shall be developed substantially in Planning Department, accordance with plans and specifications submitted to the City of Planning Services Anaheim by the petitioner and which plans are on file with the Division Planning Department, and as conditioned herein. -8-PC2015-*** ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT 2414 EAST KATELLA AVENUE SITE FRONT VIEW 2414 EAST KATELLA AVENUE SPACE REAR VIEW 2414 EASTKATELLA AVE.SURROUNDING PROPERTY EAST 2414 EAST KATELLA AVE. SURROUNDING PROPERTIES NORTH 2414 EAST KATELLA AVE. SURROUNDING PROPERTIES SOUTH 2414 EAST KATELLA AVE. SURROUNDING PROPERTIES WEST City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE:JANUARY 12, 2015 SUBJECT:VARIANCE NO. 4065A LOCATION: 528 South State College Boulevard APPLICANT/PROPERTY OWNER: The applicant is Kwang Park with J.I.T. Solutions, Inc. and the property owner is John Walz. REQUEST: The applicant requestsa variance to allow fewer parking spaces than required by the Zoning Code to allow a retail clothing store in a former furniture store building. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that a Class 1 Categorical Exemption is the appropriate environmental determination for this request and approving Variance No. 4065A. BACKGROUND: This 0.5-acre property is developed with a10,500 square footretail building that was previously used as a furniture store and is located inthe General Commercial (C-G)Zone. The General Plandesignatesthis property for Low-Medium DensityResidential land uses. Surrounding land uses include single-family homesto the north and east and commercial uses to the south andwest. The site was formerly occupied by La-Z-Boy Furniturestore, which was constructed in 1982.In1990,aparking variance was approved to allow thewarehouse portion of the store to be expanded to its current configuration. The building is currently unoccupied. PROPOSAL: The applicant proposes to utilize the existing building for a retail uniform clothing store, offices and distribution warehouse. The floor plan indicates approximately 4,500 square feet of retail space, 1,000 square feet of office and 5,000 square feet of warehouse.The warehouse will serve as a distribution facility for the applicant’s five other uniform retail stores in Orange County. ANALYSIS: The Code permits retail clothing stores in the C-Gzone. The Code requires 58 parking spaces and 18 parking spaces currently exist. The change in use of this building triggers the need to amend the parking variance since the parking requirement for a clothing store is much higher than the former use as a furniture store. The applicant indicates in theletter of operation that theirexisting retail storesdo not generate a large volume of customers.The business operates as a retail andwholesale businesswith a significant portion oftheir business involvingdirect deliveriesto schools and hospitals. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net VARIANCENO. 4065A January 12, 2015 Page 2of 2 The typical walk-in customer comes in knowing exactly what they want to purchase and spends only about five to ten minutes in the store. Typical staffingfor the business is four to five employees. A parking study, dated November 26, 2014, was conducted by Kunzman Associates, Inc. The study included parking counts of two uniform stores of similar operations and size to the proposed business. The parking study found that the appropriate parking ratio for this specific type of operation is 1.27 spaces per 1,000 square feet; therefore, the actual parking demand anticipated for the business is 13 parking spaces. Since 18 parking spaces would be provided on-site, the anticipated peak demandwould beless than the number of spaces provided.Staff has included a condition of approval in the draft resolution stipulating that the approval is based on the operationof the business as proposed. Any significant modification to the operation of the business would require staff review for potential parking impacts. Staff received a phone call from a neighbor concerned with the condition and maintenance of the property as well as illegal activity on-site since the building has been vacant. Staff has included conditions of approval requiring that the parking lot be lit during all hours of darkness and requiring that the property be maintained in anorderly fashion. CONCLUSION: Staff believes that the proposed uniform store would be consistent with the surrounding commercial and residential uses.The submitted parking analysis justifies the requested reduction in the number of required parking spaces and demonstrates that there will be adequate parking for the business.For these reasons, staff recommends approval of the requested variance. Prepared by,Submitted by, Elaine ThienprasiddhiJonathan E. Borrego Associate PlannerPlanning Services Manager Attachments: 1.Vicinity and Aerial Maps 2.DraftVarianceResolution 3.Applicant’sLetter of Request The following attachments were provided to the Planning Commission and are available for public review at the Planning Departmentat City Hall or on the City of Anaheim’s website at . www.anaheim.net/planning 4.Parking Study 5.DevelopmentPlans 6.Site Photographs ATTACHMENT NO. 1 C-G RESTAURANT RM-4 RM-4 RM-4 RM-4 RM-4 C-G APTS APTS APTS APTS APTS T T A AUTO REPAIR/SERVICE 16 DU 8 DU 14 DU 7 DU 7 DU DUPLEX SINGLE FAMILY RESID 1 SI C-G RETAIL T RM-4 RM-4 APTS RM-4 APTS FOURPLEX 12 DU APARTMENTS 8 DU 6 DU C-G RETAIL RS-2 SFR RS-2 SFR RS-2 C-G SINGLE FAMILY RESIDENCE RETAIL C-G RETAIL C-G RESTAURANT RS-2 SINGLE FAMILY RESIDENCE RS-2 OFFICES C-G OFFICES SINGLE FAMILY RESIDENCE 050100 ° Aerial Photo: May 2014 Feet APN: 083-411-12 Subject Property DEV No. 2014-00079 528 South State College Boulevard ATTACHMENT NO. 1 050100 ° Aerial Photo: May 2014 Feet APN: 083-411-12 Subject Property DEV No. 2014-00079 528 South State College Boulevard [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2015-*** A RESOLUTION OFTHE PLANNING COMMISSIONOF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO VARIANCE NO.4065 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00079) (528 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, on July 12, 1990, and subject to certain conditions of approval, the Zoning Administratorof the City of Anaheim (herein referred to as the "Zoning Administrator") adopted Decision No. ZA90-46, approvingVariance No. 4065to allow fewer parking spaces than required to permit a 3,614 square foot addition to an existing furniture store(herein referred to as the "Original Variance") on that certain realproperty located at 528 South State College Boulevard in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"). The conditions of approval which were the subject of the Original Varianceshall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, pursuant to Section 18.60.190 of the Anaheim Municipal Code ("Code"), the applicant filed a petition to amend the Original Varianceto allow fewer parking spaces than required by the Code for a retail uniform clothing store to be operated in the former furniture store buildingat the Property(herein referred to as the "Proposed Project"). Said amendment is designated as Variance No. 4065A; and WHEREAS, theProperty is approximately 0.5-acrein size and is developed with an existing retail building. The Property is located in the "C-G"General Commercial Zoneand the Anaheim General Plan designates the Property for Low-Medium Density Residential land uses; and WHEREAS, on January 12, 2015,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. 4065A, 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 onthe environment and is, therefore, categorically exempt from the provisions of CEQA; and -1-PC2015-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence andreports offered at said hearing with respect to the request toallowfewer parking spaces than required bytheCode for a retail uniform clothing storeat the Property, has determined that Variance No. 4065A should be approved for the following reasons: SECTION NO. 18.42.040.010Minimum number of parking spaces. (58spaces required; 18spaces proposed) 1.That the variance, under the conditions imposed, 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 based upon the conclusions contained in the parking demand analysis, dated November 26, 2014, and prepared by Kunzman Associates, Inc.The study established a parking demand ratio appropriate for a uniformclothing retail store based on parking counts and two existing locations with similar characteristicsand confirmed that ample parking will be available for the existing business as the 18parking spaces provided on the property can accommodate the anticipated peak demand for the use of approximately 13parking spaces; and 2.That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking within the property will adequately accommodate the peak parking demands of the retail uniform clothing store; and 3.That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on-site parking for the retail uniform clothing store will adequately accommodate peak parking demands of the use; and 4.That the variance, under the conditionsimposed,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 conditionsimposed, 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. 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, thatthe facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentation, 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-PC2015-*** NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Variance No. 4065A is hereby approved, thereby amending the Original Variance, which approval is contingent upon and subject to the conditions of approval described in Exhibit Battached 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 safety and general welfare of the citizens of the City ofAnaheim. BE IT FURTHER RESOLVED that effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit Band incorporated herein by this reference (the "Revised Conditions of Approval")amend the Previous Conditions of Approval andhereby replace the Previous Conditions of Approvalin their entirety. All references to the conditions of approval for the Original Variance CUP and this Variance No. 4065A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original Variance, as amended by Variance No. 4065A. BE IT FURTHER RESOLVED that extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that,except as otherwise provided under the Revised Conditions of Approval,this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that 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 ofVarianceNo. 4065A constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -3-PC2015-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 12, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commissionof 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 January 12,2015,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 12day ofJanuary, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4-PC2015-*** -5-PC2015-*** EXHIBIT“B” VARIANCENO.4065A (DEV2014-00079) RESPONSIBLE NO.CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1Theretail uniform clothing storeshall be operated in Planning Department, accordance with the Letter of Request and Parking Demand Planning ServicesDivision Study 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 Directorto determine substantial conformance with the Letter of Request and Parking Demand Study and to ensure compatibility with the surrounding uses. 2The parking lotand alleyshall be lit during the hours of Planning Department, Code darkness in order to illuminate and make clearly visible the Enforcement Division presence of any person on or about the premises. 3The property shall be permanently maintained in an orderly Planning Department, Code fashion through the provision of regular landscaping Enforcement Division maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. GENERAL CONDITIONS 4The subject Property shall be developed substantially in PlanningDepartment, accordance with plans and specifications submitted to the Planning Services Division City of Anaheim by the petitioner and which plans are on file with the Planning Department,and as conditioned herein. 5The Applicant shall defend, indemnify, and hold harmless PlanningDepartment, the City and its officials, officers, employees and agents Planning Services Division (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedingsbrought 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. -6-PC2015-*** RESPONSIBLE NO.CONDITIONS OF APPROVAL DEPARTMENT 6The applicant is responsible for paying all charges related to PlanningDepartment, theprocessing of this discretionary case application within Planning Services Division 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 issuanceof required permits or may result in the revocation of the approval of this application. -7-PC2015-*** ATTACHMENT NO. 3 December 3, 2014 City of Anaheim Planning Department 200 S Anaheim Boulevard Anaheim, CA 92805 RE: Proposed Operations 528 S. State College Blvd Anaheim, CA 92806 To Whom It May Concern: Kwang Won Park is asking for an amendment to the existing parking variance for the building referenced above. This amendment would allow for a Uniform Supply Store/Office/Warehouse operation in place of the former furniture use which vacated the building early this year. will be a uniform supply store for the applicant, the sixth store he will operate in Southern California. This store will include a larger warehouse area as it will also serve as a distribution warehouse for several other stores. The division of space will be as follows: Uniform supply store +4,000 sf. 2 people (3 people total for the whole day) 10 am to 7 pm Office 700-1,000 sf. 1 person 10 am to 12 pm Warehouse +6,000 sf. 1 person (2 people total in and out all day) 10 am to 5 pm The store personnel are sales people, some full time and some part time. It is possible that some may double as warehouse personnel depending on how busy the store is. The office person spends a few hours in the store each day typically going to several stores each day. The warehouse people would stock inventory as well as deliver product by van to the other stores it serves during the day. The Anaheim location has 19 parking spaces for almost 11,000 sf. We feel that this parking will be adequate since this store will have a smaller store area than our other stores while it also has more parking than several of them. Our Santa Ana location is also around 11,000 sf with a larger store component, small office and small warehouse but has only ten parking spaces and that is enough. Our El Monte store is around 8,500 sf, also with a larger store component, but has only eight parking spaces. Our locations typically do not have a large volume of customers and we believe we will have 16 or more spaces available for customers at any given time for the 4,000 sf uniform store portion of the building. We feel that is ample parking for our use based on our other locations. In terms of impact on the neighboring community, the building has been vacant for some time and the building has been vandalized, broken into and spray painted a number of times. By occupying the Premises, we will maintain the building and keep it from being vandalized in the future as well as add an established a business operation to the City of Anaheim. Sincerely Kwang Won Park ATTACHMENT NO. 4 November 26, 2014 Ms. Elaine Thienprasiddhi, Associate Planner CITY OF ANAHEIM 200 South Anaheim Boulevard, Suite 762 Anaheim, CA 92805 Dear Ms. Thienprasiddhi: INTRODUCTION The firm of Kunzman Associates, Inc. is pleased to provide this parking analysis for the proposed project at 528 South State College Boulevard in the City of Anaheim. The proposed project consists of 10,200 square feet of commercial retail space, proposed to be occupied by a uniform supply store. Pursuant to the City's parking standards for commercial retail, the project is required to provide 57 parking spaces. Kunzman Associates, Inc. has been asked to conduct an analysis to determine if the proposed project will provide adequate parking spaces to meet the anticipated parking demand. This report summarizes our methodology, analysis, and findings. Although this is a technical report, every effort has been made to write the report clearly and concisely. To assist the reader with those terms unique to transportation engineering, a glossary of terms is provided within Appendix A. PROJECT DESCRIPTION The proposed project consists of 10,200 square feet of commercial retail space, proposed to be occupied by a uniform supply store. The project location is shown on Figure 1. The project is located adjacent to a major transportation corridor, South State College Boulevard, which offers convenient access to public transportation that could potentially decrease the demand for parking at the project site. The project is proposed to provide a total of 19 parking spaces, which equates to 1.64 parking spaces per thousand square feet. It should be noted that there is an additional 14 on-street parking spaces along East Virginia Avenue within 150 feet of the site. SURVEYS AT OTHER LOCATIONS OF PROPOSED UNIFORM SUPPLY STORE The City of Anaheim provided six locations to survey in Orange and Los Angeles Counties that currently contain the same business (uniform supply store) as the proposed project. Kunzman Associates, Inc. 1111 Town & Country Road, Suite 34 Orange, California 92868 (714)973-8383 www.traffic-engineer.com Ms. Elaine Thienprasiddhi, Associate Planner CITY OF ANAHEIM November 26, 2014 identified two of the locations that were "stand-alone" and similar in size to the proposed project and conducted surveys to determine their parking demand. Survey location one is located at 1101 West Carson Street in the City of Torrance (see Figure 2). This site currently has a 5,400 square foot building and provides 17 parking spaces. Survey location two is located at 3162 North Peck Road in the City of El Monte (see Figure 3). This site currently has a 8,500 square foot building and provides 25 parking spaces. OCCUPIED PARKING SPACE SURVEY The information collected from these other similar locations consists of the number of occupied parking spaces. These similar locations were surveyed on Thursday (November 13, 2014). The parking counts were conducted by Kunzman Associates, Inc. personnel every 30 minutes, from 30 minutes before the uniform supply stores opened to 30 minutes after they closed. As shown in Table 1, survey location one (Torrance) had a surveyed maximum of 8 occupied parking spaces for their 5,400 square foot building. This results in a maximum occupied parking space per thousand square feet of 1.48. As shown in Table 2, survey location two (El Monte) had a surveyed maximum of 8 occupied parking spaces for their 8,500 square foot building. This results in a maximum occupied parking space per thousand square feet of 0.94. In total, the two similar locations had an overall surveyed maximum of 16 occupied parking spaces for a total of 13,900 square feet. This results in a maximum occupied parking space per thousand square feet of 1.15. DEVELOPED PARKING RATE To account for seasonal and other variations, an overage factor of 10% should be included in the calculated parking rate. Based on the maximum occupied parking space per thousand square feet averaged between the two surveyed locations and a with the addition a 10% overage factor, a parking demand ratio of 1.27 occupied parking spaces per thousand square feet is anticipated. CITY OF ANAHEIM PARKING CODE Based on the City of Anaheim parking code (see Appendix B), a total of 57 parking spaces is required for the proposed project (see Table 3). The City of Anaheim parking code requires 5.5 parking spaces per thousand square feet for commercial retail spaces under 100,000 square feet. www.traffic-engineer.com 2 Ms. Elaine Thienprasiddhi, Associate Planner CITY OF ANAHEIM November 26, 2014 CONCLUSIONS 1.The proposed project is located at 528 South State College Boulevard in the City of Anaheim. The proposed project consists of 10,200 square feet of commercial retail space, proposed to be occupied by a uniform supply store. 2.The project proposes to provide 19 on-site parking spaces. 3.The project is proposed to provide 1.64 parking spaces per thousand square feet. 4.The City of Anaheim provided six similar locations to survey in Orange and Los Angeles Counties that currently contain the same business (uniform supply store) as the proposed project. Kunzman Associates, Inc. identified two of the locations that were "stand-alone" and similar in size to the proposed project and conducted surveys to determine their parking demand. 5.Based on the surveyed maximum occupied parking space per thousand square feet averaged between the two surveyed locations and a with the addition a 10% overage factor, a parking demand ratio of 1.27 occupied parking spaces per thousand square feet is anticipated. 6.Based on the City of Anaheim parking code, a total of 57 parking spaces is required. The City of Anaheim parking code requires 5.5 parking spaces per thousand square feet for commercial retail spaces under 100,000 square feet. 7.The project site should provide a minimum of 1.27 parking spaces per thousand square feet and it is projected to provide 1.64 parking spaces per thousand square feet. The project is projected to provide adequate parking spaces. It has been a pleasure to service your needs on this project. Should you have any questions or if we can be of further assistance, please do not hesitate to call at (714) 973-8383. Sincerely, KUNZMAN ASSOCIATES , INC. KUNZMAN ASSOCIATES, INC. Chris Pylant William Kunzman, P.E. Associate Principal #5855 www.traffic-engineer.com 3 Table 1 1101 West Carson Street Parking Count Thursday (November 13, 2014) Number of Parked Percentage of Occupied Time PeriodVehicles Parking Spaces Parking Spaces Provided17 9:30 AM-10:00 AM212% 10:00 AM-10:30 AM424% 10:30 AM-11:00 AM529% 11:00 AM-11:30 AM212% 11:30 AM-12:00:00 NOON212% 12:00:00 NOON-12:30 PM212% 12:30 PM-1:00 PM529% 1:00 PM-1:30 PM529% 1:30 PM-2:00 PM318% 2:00 PM-2:30 PM424% 2:30 PM-3:00 PM318% 3:00 PM-3:30 PM318% 3:30 PM-4:00 PM424% 4:00 PM-4:30 PM424% 4:30 PM-5:00 PM847% 5:00 PM-5:30 PM529% 5:30 PM-6:00 PM424% 6:00 PM6:30 PM318% 6:30 PM7:00 PM212% 7:00 PM-7:30 PM212% 8 = Maximum number of occupied parking spaces - 8 vehicles from 4:30 PM - 5:00 PM 4 Table 2 3162 North Peck Road Parking Count Thursday (November 13, 2014) Number of Parked Percentage of Occupied Time PeriodVehicles Parking Spaces Parking Spaces Provided25 9:30 AM-10:00 AM14% 10:00 AM-10:30 AM416% 10:30 AM-11:00 AM624% 11:00 AM-11:30 AM416% 11:30 AM-12:00:00 NOON312% 12:00:00 NOON-12:30 PM520% 12:30 PM-1:00 PM416% 1:00 PM-1:30 PM520% 1:30 PM-2:00 PM416% 2:00 PM-2:30 PM416% 2:30 PM-3:00 PM520% 3:00 PM-3:30 PM312% 3:30 PM-4:00 PM832% 4:00 PM-4:30 PM520% 4:30 PM-5:00 PM624% 5:00 PM-5:30 PM312% 5:30 PM-6:00 PM520% 6:00 PM-6:30 PM312% 6:30 PM-7:00 PM312% 7:00 PM-7:30 PM28% 8 = Maximum number of occupied parking spaces - 8 vehicles from 3:30 PM - 4:00 PM 5 Table 3 Parking Spaces Required By City of Anaheim Parking Code Parking Code 1 Land UseQuantityUnitsParking CodeRequirement Commercial Retail 10.200TSF5.5 parking spaces per 1,000 square feet57 1 TSF = Thousand Square Feet 6 APPENDIX A GLOSSARY OF TRANSPORTATION TERMS GLOSSARY OF TRANSPORTATION TERMS COMMON ABBREVIATIONS AC: Acres ADT: Average Daily Traffic Caltrans: California Department of Transportation DU: Dwelling Unit ICU: Intersection Capacity Utilization LOS: Level of Service TSF: Thousand Square Feet V/C: Volume/Capacity VMT: Vehicle Miles Traveled TERMS AVERAGE DAILY TRAFFIC: The total volume during a year divided by the number of days in a year. Usually only weekdays are included. BANDWIDTH: The number of seconds of green time available for through traffic in a signal progression. BOTTLENECK: A constriction along a travelway that limits the amount of traffic that can proceed downstream from its location. CAPACITY: The maximum number of vehicles that can be reasonably expected to pass over a given section of a lane or a roadway in a given time period. CHANNELIZATION: The separation or regulation of conflicting traffic movements into definite paths of travel by the use of pavement markings, raised islands, or other suitable means to facilitate the safe and orderly movements of both vehicles and pedestrians. CLEARANCE INTERVAL: Nearly same as yellow time. If there is an all red interval after the end of a yellow, then that is also added into the clearance interval. CORDON: An imaginary line around an area across which vehicles, persons, or other items are counted (in and out). CYCLE LENGTH: The time period in seconds required for one complete signal cycle. CUL-DE-SAC STREET: A local street open at one end only, and with special provisions for turning around. DAILY CAPACITY: The daily volume of traffic that will result in a volume during the peak hour equal to the capacity of the roadway. DELAY: The time consumed while traffic is impeded in its movement by some element over which it has no control, usually expressed in seconds per vehicle. DEMAND RESPONSIVE SIGNAL: Same as traffic-actuated signal. DENSITY: The number of vehicles occupying in a unit length of the through traffic lanes of a roadway at any given instant. Usually expressed in vehicles per mile. DETECTOR: A device that responds to a physical stimulus and transmits a resulting impulse to the signal controller. DESIGN SPEED: A speed selected for purposes of design. Features of a highway, such as curvature, superelevation, and sight distance (upon which the safe operation of vehicles is dependent) are correlated to design speed. DIRECTIONAL SPLIT: The percent of traffic in the peak direction at any point in time. DIVERSION: The rerouting of peak hour traffic to avoid congestion. FORCED FLOW: Opposite of free flow. FREE FLOW: Volumes are well below capacity. Vehicles can maneuver freely and travel is unimpeded by other traffic. GAP: Time or distance between successive vehicles in a traffic stream, rear bumper to front bumper. HEADWAY: Time or distance spacing between successive vehicles in a traffic stream, front bumper to front bumper. INTERCONNECTED SIGNAL SYSTEM: A number of intersections that are connected to achieve signal progression. LEVEL OF SERVICE: A qualitative measure of a number of factors, which include speed and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience, and operating costs. LOOP DETECTOR: A vehicle detector consisting of a loop of wire embedded in the roadway, energized by alternating current and producing an output circuit closure when passed over by a vehicle. MINIMUM ACCEPTABLE GAP: Smallest time headway between successive vehicles in a traffic stream into which another vehicle is willing and able to cross or merge. MULTI-MODAL: More than one mode; such as automobile, bus transit, rail rapid transit, and bicycle transportation modes. OFFSET: The time interval in seconds between the beginning of green at one intersection and the beginning of green at an adjacent intersection. PLATOON: A closely grouped component of traffic that is composed of several vehicles moving, or standing ready to move, with clear spaces ahead and behind. ORIGIN-DESTINATION SURVEY: A survey to determine the point of origin and the point of destination for a given vehicle trip. PASSENGER CAR EQUIVALENTS (PCE): One car is one Passenger Car Equivalent. A truck is equal to 2 or 3 Passenger Car Equivalents in that a truck requires longer to start, goes slower, and accelerates slower. Loaded trucks have a higher Passenger Car Equivalent than empty trucks. PEAK HOUR: The 60 consecutive minutes with the highest number of vehicles. PRETIMED SIGNAL: A type of traffic signal that directs traffic to stop and go on a predetermined time schedule without regard to traffic conditions. Also, fixed time signal. PROGRESSION: A term used to describe the progressive movement of traffic through several signalized intersections. SCREEN-LINE: An imaginary line or physical feature across which all trips are counted, normally to verify the validity of mathematical traffic models. SIGNAL CYCLE: The time period in seconds required for one complete sequence of signal indications. SIGNAL PHASE: The part of the signal cycle allocated to one or more traffic movements. STARTING DELAY: The delay experienced in initiating the movement of queued traffic from a stop to an average running speed through a signalized intersection. TRAFFIC-ACTUATED SIGNAL: A type of traffic signal that directs traffic to stop and go in accordance with the demands of traffic, as registered by the actuation of detectors. TRIP: The movement of a person or vehicle from one location (origin) to another (destination). For example, from home to store to home is two trips, not one. TRIP-END: One end of a trip at either the origin or destination; i.e. each trip has two trip-ends. A trip-end occurs when a person, object, or message is transferred to or from a vehicle. TRIP GENERATION RATE: The quantity of trips produced and/or attracted by a specific land use stated in terms of units such as per dwelling, per acre, and per 1,000 square feet of floor space. TRUCK: A vehicle having dual tires on one or more axles, or having more than two axles. UNBALANCED FLOW: Heavier traffic flow in one direction than the other. On a daily basis, most facilities have balanced flow. During the peak hours, flow is seldom balanced in an urban area. VEHICLE MILES OF TRAVEL: A measure of the amount of usage of a section of highway, obtained by multiplying the average daily traffic by length of facility in miles. APPENDIX B CITY OF ANAHEIM PARKING CODE ATTACHMENT NO. 6 City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO.4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE:JANUARY12, 2015 SUBJECT:CONDITIONAL USE PERMIT NO. 3919AAND VARIANCE NO. 2014-04995 LOCATION: 8200 East Crystal Drive(J Star Motors) APPLICANT/PROPERTY OWNER :The applicant and property owner is Jared Merrell with J Star Auto Group, Inc., and the agent representing the property owner is Matthew Cunningham. REQUEST: The applicant is requesting an amendment to a conditional use permitto expand an existing automobile dealership.The applicant is also requesting approval of a variance to allow more wall signs than allowed by the Zoning Code. RECOMMENDATION :Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 3,New Construction or Conversion of Small Structures), and approving Conditional Use Permit No. 3919Aand Variance No. 2014-04995. BACKGROUND: This 2.2-acre property is developed with anautomobile dealership. The property is located in theGeneral Commercial(C-G)andScenic Corridor Overlay(SC Overlay)zone. The General Plan designates this property for General Commercial land uses. The property is surrounded by an automobile dealership to the south, retail use to the west, an animal hospital to the east, and the Santa Ana River to the north. Conditional Use Permit No. 3919,establishingan automobile dealershipat this location,wasapproved by the Planning Commissionin 1997.This entitlementalso included a variancepermittingfreestanding, directional, and wall signsgreater than allowed by the Zoning Codewhere one sign was allowed and five signs were approved (consisting of twobusiness identification signs and three directional signs). 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 3919AANDVARIANCE NO. 2014-04995 January12, 2015 Page 2of 4 PROPOSAL: The applicant proposes to expand anexisting 15,938 square foot automobile dealership building with an 8,735square foot,2-story addition consisting of auto display area on the first floor and and office spaceon the second floor.The proposed building height is 35 feet; Code permits a maximum building height of 35 feet in the SC Overlay zone. New roof equipment would be installed on top of the second floor and the equipment would be screened with a new five foot high parapet wall. No changes are proposed to the remainder of the building which contains a service/repair area, auto display areas, offices, and a rooftop parking deck.The westerly parking lot wouldbe reconfigured to accommodate an outdoor automotive display area. The building expansion and renovation will include the refurbishment of existing landscape areas and a substantial renovation of the existing commercial building. No changes are proposed to the parking areason the north, east, and south sides of the building. The facility will include the sale and repair for four separateauto dealerships,J-Star, Alpha Romeo, Maserati and Fiat, within the same building. The applicant proposes to install the following wall and monument signs: Sign TypeMax. No.Allowed Proposed Signs by Code WallNorth00 East03 South12 West14 Total2*9 Freestanding One per street One on Pullman Street MonumentfrontageOne on Savi Ranch Parkway *Code permits amaximum of two wall signs for a tenant unit where said signs are located on parallel walls of the unit on opposite sides of the building, or on two adjacent walls if the unit is the corner unit closest to and fronting on two local streets. Only one sign may be permitted per wall. ANALYSIS: The following is staff’s analysis of the requested entitlements. Amendment to the Conditional Use Permit:The Zoning Code permits automobile sales and repair facilitiesin the C-GandSC Overlay zones, subject to approval of a conditional use permit. Since the proposed expansion represents a substantial modificationto the previously-approved site plan, a public hearing is requiredto consider the request. The primary natureof the business will not change as a result of the additional building area.The additionwill be used for auto salesofficesand display areas only. Anautomobiledealership has been operating at this location for manyyears without impacting adjacent properties. The property is well maintained and there are no pending Code Enforcement violations. Thearchitectural design of the new building renovation wouldcomplement the surrounding retail businesses in the area. CONDITIONAL USE PERMIT NO. 3919AANDVARIANCE NO. 2014-04995 January12, 2015 Page 3of 4 The parking requirement for the expanded automobile dealershipis 94 spaces and 193 spaces are proposed. Thesespaces would consist of 95 customer/employee spaces and 98 display spaces.The display spaces would not count as required parking spaces. There is more than adequate parking provided for all auto uses combined onthe site.Therefore, staff believes that the addition to the auto dealership building would continue to becompatible with the surrounding land uses. Roof-Mounted Equipment:The Zoning Code also requires approval of a conditional use permit for all roof-mounted equipment in the SC Overlay zonein order to preserve scenic views within the hill and canyon area of the City.The building would be constructed with a five foot high parapet wall that would screen the roof-mounted equipment from view of all adjacent streets, including the elevated Yorba Linda Boulevard and the SR-91 Freeway, as required by the Zoning Code. With the proposed screening, the proposed roof-mounted equipment would not detract from the visual character of the Scenic Corridor and would be compatible with the surrounding commercial land uses. Sign Variance:The Zoning Code permits a total of twowall signs (one each on the westand south elevations, or one each on the north and south elevations, as described in the table above)for this automobiledealership facility.The applicant proposes to install nine wall signs (fouron the west building elevation,three on the east elevation andtwo on the south elevation).The two proposed monument signs are in compliance with the Zoning Code. The automobile dealership requires more signsthan permitted by code because of the unique nature of the business which representsfour distinct automobile dealerships;Maserati, Fiat, Alfa Romeo, and J-Star Motors. A number of physical characteristicsunique to this propertycreate a hardship that generally does not apply to other properties or classes of use in the same vicinity or zone. These physical characteristics includethe lack of visibility to the closest arterial highway(Weir Canyon Road/Yorba Linda Boulevard) and the SR-91 freeway. This is primarily due to the fact that the property is located significantlylower than the grade of the adjacent major roadways; the orientation of the building which facesaway from the closest arterialhighway; and, the narrow width of the propertywhich resultsin a long, narrow building.In addition, a variance was granted for more wall signs than permitted by Code for the adjacent automobile dealership to the south where one sign was permitted and nine signs were approved.A variance was also granted for more wall signs than permitted by Code for the adjacent Home Depot site to the west (originally approved for the Super K Mart store) where one wall sign was permitted and five signs were approved. Therefore, strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity.Lastly, the proposed aggregate wall sign area for each building elevation (43square feet for the south elevation and 99-115square feet for the east and west elevations) complies with the Code. Staff believes the proposedwall signs would be in scale with the building and would not result in the appearance of excessive signage; therefore, staff recommends approval of this variance request. CONDITIONAL USE PERMIT NO. 3919AANDVARIANCE NO. 2014-04995 January12, 2015 Page 4of 4 CONCLUSION: The proposed amendment to the conditional use permit is compatible with the surrounding land uses and the parking would be adequate to accommodate the proposed use.The wall sign variance can be justified because of the property’s unique orientation and difficult access and also because wall sign variances have been granted for other businesses in the vicinitydue to similar topographical site constraints. Staff recommends approval of this request. Prepared by,Submitted by, David SeeJonathan E. Borrego Senior PlannerPlanning Services Manager Attachments: 1.Vicinity and Aerial Maps 2.Draft Conditional Use Permit and Variance Resolution 3.Applicant’s 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 web site at www.anaheim.net/planning. 4.Photographs 5.Site, Sign,andFloor Plans ATTACHMENT NO. 1 C-G (SC) YORBA REGIONAL PARK T (SC) SANTA ANA RIVER C-G (SC) VETERINARY CLINIC C-G (SC) AUTO DEALERSHIP C-G (SC) AUTO DEALERSHIP C-G (SC) SERVICE STATION C-G (SC) HOME DEPOT T (SC) SUBSTATION C-G (SC) T (SC) SELF STORAGE FACILITY VACANT 050100 ° Aerial Photo: May 2014 Feet APN: 352-222-01 Subject Property DEV No. 2014-00086 8200 East Crystal Drive ATTACHMENT NO. 1 050100 ° Aerial Photo: May 2014 Feet APN: 352-222-01 Subject Property DEV No. 2014-00086 8200 East Crystal Drive [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2015-*** A RESOLUTION OFTHE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVINGAN AMENDMENT TO CONDITIONAL USE PERMIT NO.3919,ANDAPPROVING VARIANCE NO. 2014-04995 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00086) (8200EAST CRYSTAL DRIVE) WHEREAS, on March 17, 1997, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim(the "Planning Commission"), by its Resolution No. PC97-30, approved Conditional Use Permit No. 3919(herein referred to as the "Original CUP") to permit a15,050 square foot, two level, automobile sales and service facility with accesory parts sales, an interior showroom, 11 service bays, roof-mounted equipment, and outdoor and second level display/storage areas with waivers of permitted freestanding and wall signs at 8200 East Crystal Drivein the City of Anaheim, County of Orange, State of California, which is generally depicted on the map attached hereto as Exhibit Aand incorporated herein by this reference (the "Property"); and WHEREAS, on February 17, 1999, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC99-30, approved an amendment to Conditional Use Permit No. 3919to add a new condition and amend certain conditions of approval that were a part of the Original CUP to permit sign plan revisions and waivers of permitted freestanding signs and directional signs(herein referred to as the "1999 Amendment"); and WHEREAS, the Original CUP and the 1999 Amendment shall be referred to herein collectively as the "CUP". The conditions of approval which were the subject of the Original CUP, as amended and modified by the 1999 Amendment, shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to (i) amend the CUP to permit the expansion of an existing automobile dealership at the Property, and (ii) approveVariance No. 2014-04995 to allow more wall signs than allowed by the Zoning Code ("Proposed Project"), pursuant to Section 18.60.190(Amendment of Permit Approval) of the Anaheim Municipal Code (“Code”). Said amendment to the CUP is designated herein as Conditional Use Permit No. 3919A; and WHEREAS, the Property is currently developed with an automobile dealership facility. The Property is located in the “C-G” General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Code. 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 apply to the Property and shall supersede any inconsistent regulations of the "C-G" General Commercial Zone. The Anaheim General Plan designates this Property for General Commercial land uses;and -1-PC2015-*** WHEREAS,pursuant to the California EnvironmentalQuality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Codeof Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS,the Planning Commission finds and determines that the Proposed Project is within that class of projects,which consist of, among other things, 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 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 store, motel, office, 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 meets the criteria of Section 15303 of the State CEQA Guidelines and, therefore, pursuant to said Section 15303, will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 2015at 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, to hear and consider evidence and testimony for and against the Proposed Projectand to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following factswith respect to Conditional Use Permit No. 3919A: 1.Therequest to permit the Proposed Project is an allowable use within the C-G Commercial Zone undersubsection .010 of Section18.08of the Codeprovided that a conditional use permit is approved; and 2.The Proposed Projectwould not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. The primary natureof the business will not change as a result of the additional building area. The building expansion and renovation will include the refurbishment of existing landscape areas and a substantial renovation of the existing commercial buildingthat will complement the surrounding retail businesses in the area. Lastly, the parapet wall will adequatelyscreen the proposed roof equipment from view of all adjacent streets; and 3.The size and shape of the site is adequate to allow the full development of the Proposed Project, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic, and circulation without creating detrimental effects on adjacent properties; and -2-PC2015-*** 4.The traffic generated by the Proposed Projectwill not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the Proposed Projecthas been designed to accommodate the required parking, vehicular circulation, and trash collection; and 5.The granting of Conditional Use Permit No. 3919Aunder the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area, subject to compliance with the conditions contained herein. 6.Thescreening of the roof-mounted equipment, under the conditions imposed, complies with the building and structural height limitations of Subsection .020 of Section 18.18.090 of the Code. WHEREAS, the Planning Commission does further find and determine that the request for a variance in conjunction with the Proposed Project should be approved for the following reasons: SECTION NO. 18.44.110.0101Maximum Number of Wall Signs. (Two signs permitted;ninesigns proposed) 1.That the strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity becausewall sign variances have been granted for other businesses in the vicinity; more specifically,a wall sign variance was granted for the adjacent automobile dealership to the south where one sign was permitted and nine were approved. In addition,a wall sign variance was granted forthe adjacent Home Depot storeto the west where one wall sign was permitted and five signs were approved. 2.That there are special circumstances applicable to the Property which do not apply to identical zoned properties in the vicinity becauseanumber of physical characteristics unique to this property create a hardship that generally does not apply to other properties in the same vicinity. These physical characteristics include the lack of visibility to the closest arterial highway (Weir Canyon Road/Yorba Linda Boulevard) and the SR-91 freeway;the property is located significantly lower than the grade of theadjacent major roadways; the orientation of the building faces away from the closest arterial highway; and, the narrow width of the property results in a long, narrow building. 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 consideredall evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 3919Aand Variance No. 2014-04995are hereby approved, thereby amending the CUP and permitting more wall signs than permitted by the Zoning Code for the Proposed Project. -3-PC2015-*** BE IT FURTHER RESOLVED that,effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit Band incorporated herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions of Approval andhereby replace the Previous Conditions of Approvalin their entirety. All references to the conditions of approval for the CUP and Conditional Use Permit No. 3919A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 3919A. BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 3919Aand Variance No. 2014-04995in order to preserve the health, safety and general welfare of the citizens of the Cityof Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the useor approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processedin 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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies with the Codeand 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 January 12, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures)of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN,PLANNING COMMISSION OF THECITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4-PC2015-*** 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 January 12, 2015, by the followingvote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 12day of January, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5-PC2015-*** -6-PC2015-*** EXHIBIT“B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 3919AND VARIANCE NO. 2014-04995 (DEV2014-00086) RESPONSIBLE NO.CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO THE ISSUANCE OF BUILDING PERMITS All backflow equipment shall be located above ground outside of the 1Public Utilities, Water street setback area ina manner fully screened from all public streetsand Engineering alleys.Any backflow assemblies currentlyinstalled in a vault will have to be brought up tocurrent standards. Any other large water system equipment shall be installed to the satisfaction ofthe Water Engineering Division outside of thestreet setback area in a manner fully screened from all public streets and alleys. Saidinformation shall be specifically shown on plansand approved by Water Engineering and Cross Connection Control Inspector. GENERAL The subject Property shall be developed substantially in accordance with 2Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Department, and Division as conditioned herein. No vehicles shall be parked and/or displayed in required landscaped 3Planning Department, setback areas. Code Enforcement Division Any Graffiti painted or marked upon the premises or on any adjacent 4Planning Department, area under the control of the licensee shall be removed or painted over Code Enforcement within 24 hours of being applied. Division Trash storage areas shall be provided and maintained in a location 5Public Works acceptable to the Public Works Department, Streets and Sanitation Division Department, Streets and and in accordance with approved plans on file with said Department. Said Sanitation Division storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Saidinformation shall be specifically shown on the plans submitted for building permits. Vehicle gates shall not be installed across the project driveway or access 6Public Works, Traffic roads without providing a vehicle turnaround area. Engineering -7-PC2015-*** RESPONSIBLE NO.CONDITIONS OF APPROVAL DEPARTMENT 7Conditions of approval related to each of the timing milestones above shall Planning Department, be prominently displayed on plans submitted for permits. For example, Planning Services conditions of approval that are required to be complied with prior to the Division 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. 8The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of the Planning Services issuance of the final invoice or prior to the issuance of building permits Division 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. The Applicant shall defend, indemnify, and hold harmless the City and 9Planning Department, its officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as “Indemnitees”) from any and all claims, Division actions or proceedingsbrought 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. All screening and paint for the roof-mounted equipment shall be retained 10Planning Department, and maintained in accordance with the plans and specifications submitted Planning Services to the City of Anaheim by the applicant and on file with the Planning Division Department and shall be kept in good condition and in compliance with the provisions of subparagraphs .01 through .05 of paragraph .0202 of Subsection .020 of Section 18.18.090 of the Anaheim Municipal Code. -8-PC2015-*** ATTACHMENT NO. 3 ATTACHMENT NO. 4 City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO.5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE:JANUARY12, 2015 SUBJECT:CONDITIONAL USE PERMIT NO. 2014-05765AND VARIANCE NO. 2014-04998 LOCATION: 8285East Santa Ana Canyon Road, Unit No. 130(PaintUR Way) APPLICANT/PROPERTY OWNER: The applicant isAmelia Huckabeeandthe property ownerisRichard B. Taylor Trust. REQUEST: The applicant is requesting approval of a conditional use permittoallow the sales and service of beer and wine in conjunction withan instructional art studio. The applicant is also requesting approval of a variance to allowfewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that this request is categorically exempt under the California Environmental Quality Act(Class 1, Existing Facilities) and approving Conditional Use Permit No. 2014-05765andVariance No. 2014-04998. BACKGROUND: This 1.6-acrepropertyis developed with a commercial center. The property is located in the General Commercial (C-G)zone and Scenic Corridor (SC)Overlay Zone. The General Plan designates this property for General Commercial land uses. The property is surrounded by commercial uses to the west,a service station to the north, an office building to the east across Weir Canyon Road, and a fast food restaurant to the south. PROPOSAL: The applicant proposes to establish an instructionalart studio with the sales and service of beer and wine with fewer parking spaces than required by the Zoning Code. The use would accommodateup to 42adult students, an art instructor, an office manager and a classroom assistant. The two-hour classes are intended to guide patrons through an instructional but entertainment-based art class. The proposed hours of operation are Monday through Saturday with classes offered from 9:00 a.m. to 11:00 a.m., 3:00 p.m. to 5:00 p.m., and 7:00 p.m. to 9:00 p.m.Beer and wine would be offered for sale during all sessions. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05765AND VARIANCE NO. 2014-04998 January 12,2015 Page 2of 3 ANALYSIS: The following is staff’s analysis of the project: Conditional Use Permit:The Zoning Code requires a conditional use permit to authorize the sale of beer and wine in conjunction with commercial businesses in order to ensure compatibility withsurrounding land uses. A determination of public convenience or necessity is not required for theservice ofbeer and winein this type of business. The proposed instructional art studiois within a commercial center that contains office uses,restaurants and othercommercial and retail businesses. The State Department of Alcoholic Beverage Control (ABC) bases the number of permitted alcohol licenses on the population within the census tractin which the subject property is located.This property is located within Census Tract No. 219.05which has a population of 5,485residents. This census tract allows for sixon-sale licenses.Presently,there are sixlicenses within the census tract. This would be the seventh on-sale license. The census tract also allows for threeoff-sale licenses.Currently,there are three licenses in the tract.Within this commercial center, there currently exists one restaurant with an on-sale beer and wine license and a liquor store with an off-sale alcohol license. The remaining existing alcohol licenses in this tract are located within The Festival regional shopping center located to the southwest, across Santa Ana Canyon Road. The location is within Police Reporting District No. 1244which has a crime rate of 32percent above thecitywide average; however,the crime rate within ¼ mile of this property is below the citywide average based upon calls for service. Within the last year, calls for service within the ¼ mile radius consisted of8petty theftsand4drunkin public.There have been sixcalls for service to this commercial centerin the last year.Police Department staff considers thisto be an extremely low number of calls for a commercial center of this size.The center has operated successfully with on-sale beer and wine and theoff-sale of alcoholicbeverages from a liquor store without generating excessive demand for city services or causing negative impacts to the surrounding area. There are no outstanding Code Enforcement violations associated with the subject property. Staff conducted an inspection of the property and found it to be well maintained. Staff believes the sale of beer and wine would be compatible with the surrounding area because this is a predominantly commercial location consisting of mix of commercialand officeuses.Conditions of approval to help ensure that the business is operated in a responsible manner have been attached to the draft resolution. These conditions include a prohibition on any exterior advertising of alcoholic beverages and require ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees. CONDITIONAL USE PERMIT NO. 2014-05765AND VARIANCE NO. 2014-04998 January 12,2015 Page 3of 3 Parking Variance:The Zoning Code requires 34 parking spaces for this use based on the total number of students. Atotal of 154spaces are required for all uses on the site and 104parking spacesare provided.The anticipated peak parking demand for the art studio would typically occur on Saturdayeveningsat 6:45p.m.Therewould be no overlap in parking demand for the art studioclasses because there would be at least two hoursbetween classes.The applicant submitted a parking justification letter which indicates that peak parking demand for the commercial centeroccurs at the same time as the peak parking demand for the proposed use on Saturday evenings. However, based on the parking count documented by the applicant th on December 20 and 29, 2014 during peak demand periodson Saturdays beginning at 6:30 p.m. until 7:15 p.m.,adequate parking remains available for all uses.A maximum of 43 cars were observed on the site during this time frameleaving 61 available parking spaces, which is 27 spaces more than needed for the use.Conditions of approval pertaining to hours of operation and limiting the maximum number of class participants to 42 have been included in the attached resolution.Based upon the proposed operations of the business and the limited class sizes, staff believes the parking spaces available on-site are adequate to accommodate the parking demands of theproposed and existinguses. CONCLUSION: The sale of beer and wine for on-premisesconsumption is consistent with the operational characteristics of the commercial center and would provide a community amenity unique to the area. Staff believes parking is sufficient for all uses on the site and recommends approval of this request subject to recommended conditions of approval contained in the attached draft resolution. Prepared by,Submittedby, Vanessa NorwoodJonathan E. Borrego Associate PlannerPlanning Services Manager Attachments: 1.Vicinity and Aerial Maps 2.Draft Conditional Use Permit and Variance Resolution 3.Applicant’s Lettersof Operation and CUP Justification 4.Applicant’s Parking Justification Letter 5.Police Department Memorandum The following attachments were providedto the Planning Commission and are available for public review at the Planning Departmentat City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 6.Site and Floor Plans 7.Site Photographs ATTACHMENT NO. 1 (SC) OFFICES C-G (SC) OFFICES C-G (SC) C-G (SC) OFFICES SERVICE STATION C-G (SC) RETAIL C-G (SC) RETAIL C-G (SC) RETAIL RM-2 (SC) OPEN SPACE O-L (SC) O-L (SC) O-L (SC) OFFICES POST OFFICE OFFICES 050100 ° Aerial Photo: May 2014 Feet APN: 354-082-07 Subject Property DEV No. 2014-00102 8285 East Santa Ana Canyon Road Unit 130 ATTACHMENT NO. 1 050100 ° Aerial Photo: May 2014 Feet APN: 354-082-07 Subject Property DEV No. 2014-00102 8285 East Santa Ana Canyon Road Unit 130 [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSIONOF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO.2014-05765AND VARIANCE NO. 2014-04998AND MAKINGCERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00102) (8285 EAST SANTA ANA CANYON ROAD, UNIT 130) 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. 2014-05765to permit an instructional art studio with on-site sales and service of beer and wine andVariance No. 2014-04998to permit fewer off-street parking spaces than required by the Zoning Code(herein referred to collectively as the "Proposed Project") for premises known as Unit 130 located within a commercial centerat 8285 East Santa Ana Canyon Roadin the City of Anaheim, County of Orange, State of California, which commercial center isgenerally depicted on the map attached hereto as Exhibit Aand incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 1.6acres, is developed with a commercialcenter with office and retail uses.The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located in the “C-G” General Commercial Zone, meaning that the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code(the "Code"). The Property is also located within the Scenic Corridor (SC)Overlay Zone, meaning that the regulations contained in Chapter 18.18(Scenic CorridorCorridor (SC) Overlay Zone) of the Code shall apply to the Property in addition to and where inconsistent with the “CG” General Commercial Zone shall supersede any inconsistent regulations of the “CG” General Commercial Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 2015at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2014-05765 and Variance No. 2014-04998, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 –Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and -1-PC2015-*** 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. 2014-05765, does find and determine the following facts: 1.The request for aconditional use permit to permit an instructional art studio with theon-sitesale of beer and wineis properly one for which a conditional use permit is authorized, subject to the imposition of conditions of approval. 2.The conditional use permit, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with a commercial centerand is surrounded by other retail and officeuses. 3.The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. 4.The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because an instructionalart studiois within a class of uses already anticipated and analyzed for traffic generation on these streets and highways. 5.The granting of Conditional Use Permit No. 2014-05765under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, based upon the parking justification letter submitted by the applicant, the Planning Commission does further find and determine that the request for VarianceNo. 2014-04998 to permitless parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010Minimum number of parking spaces. (154 spaces required; 104 spaces proposed) 1.That the variance, under the conditions imposed, 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 ofsuch use.A parking justification letter was prepared by the applicant, determining that the current number of parking spaces within the commercial center is sufficient to accommodate the uses on the site,including the instructional art studio.Additionally, since the instructional art studiowould have off-setting peak hours from the retail tenants,parking would be adequate to accommodate the full parking demands for the commercial center; -2-PC2015-*** 2.That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of the proposed instructional art studioalongwith the demand for parking associated with the other uses within the commercial center; 3.That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on-site parking for the instructional art studio,along with the demand for parking associated with the other uses within the commercial center,will adequately accommodate peak parking demands; 4.That the variance, under the conditions imposed, 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 circulationthat will accommodate both the proposed use and the other uses within the commercial center; and 5.That the variance, under the conditions imposed, 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 that will accommodate both the proposed use and the other uses within the commercial centerand, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the commercialcenter. 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 publichearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution.The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 2014-05765and Variance No. 2014-04998are hereby approved, contingent upon and subject to theconditions of approval described in Exhibit Battached hereto, are hereby found to be a necessary prerequisite to the proposed use of the Property underConditional Use Permit No. 2014-05765 and Variance No. 2014-04998in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -3-PC2015-*** BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permitmay 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 itcomplies 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 January12, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4-PC2015-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commissionof 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 Anaheimheld on January 12, 2015, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 12day of January, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5-PC2015-*** -6-PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05765 AND VARIANCE NO. 2014-04998 (DEV2014-00102) RESPONSIBLE CONDITIONS OF APPROVAL DEPARTMENT NO. OPERATIONAL CONDITIONS 1. The business shall be operated in accordance with the Letter of Planning Request submitted as part of this application. Any changes to the Department, business operation as described in that document shall be subject to Planning Services review and approval by the Planning Director to determine Division, substantial conformance with the Letter of Request and to ensure Code Enforcement compatibility with the surrounding uses.This locationshall not be Division operated as a bar or nightclub. Police Department 2. The number of students in attendance of theinstruction art classes Planning shall not exceed 42 persons.Department, Code Enforcement Division 3. Planning All activities related to the use shall occur indoors, except as may be Department, permitted by an authorized Special Event Permit. Code Enforcement Division 4. Any graffiti painted or marked upon the premises or on any adjacent Planning area under the control of the business owner shall be removed or Department, Code painted over within 24 hours of being applied.Enforcement Division 5. Securitymeasures shall be provided to the satisfaction of the Police Department, Anaheim Police Department to deter unlawful conduct of employees Planning & and patrons, promote the safe and orderly assembly and movement Research Unit of persons and vehicles. 6. The applicant shall complete a Burglary/Robbery Alarm Permit Police Department, application, Form APD 516, and return it to the Police Department Planning & prior to initial alarm activation. This form is available at the Police Research Unit Department front counter, or it can be emailed to applicant by contacting Officer Budds at mbudds@anaheim.net. 7.Managers, owners, and wait staff shall coordinate withthe Department Police Department, of Alcoholic Beverage Control and obtain LEAD (Licensee Education Planning & on Alcohol and Drugs Program) Training. The contact number is 714- Research Unit 558-4101. -7-PC2015-*** RESPONSIBLE CONDITIONS OF APPROVAL DEPARTMENT NO. 8. No display of beer, wine, and/or distilled spirits shall be located outside of the building or within five (5) feet of any public entrance Police Department to said building. 9.The sale of beerandwinefor consumption off the premises shall be Police Department prohibited. 10.There shall be no requirement to purchase a minimum number of Police Department drinks. 11.The business shall not employ or permit any pesons to solicit or encourage others, directly or indirectly, to buy them drinks in the Police Department licensed premises under any commission, percentage, salary, or other profit-sharing plan, shceme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act). 12.There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of beer, wine, and/or distilled spirits. Police Department Interior displays of beer, wine, and/or distilled spirits or signs which are clearly visible to the exterior shall constitute a violation of this condition. 13. The property shall be permanently maintained in an orderly fashion Planning through the provision of regular landscaping maintenance and removal Department, of trash or debris. Code Enforcement Division GENERAL CONDITIONS OF APPROVAL 14. The Applicant shall defend, indemnify, and hold harmless the City Planning and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as “Indemnitees”) from any Planning Services and all claims, actions or proceedingsbrought against Indemnitees Division 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. 15. The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first.Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. -8-PC2015-*** RESPONSIBLE CONDITIONS OF APPROVAL DEPARTMENT NO. 16. The subject Property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by Department, the petitioner and which plans are on file with the Planning Planning Services Department, and as conditioned herein.Division -9-PC2015-*** ATTACHMENT NO. 3 ATTACHMENT NO. 4 MEMO Date: December 30, 2014 To: Vanessa Norwood, City of Anaheim Planning Department From: Amelia L Huckabee - amelia_huckabee@sbcglobal.net; alh@paintingurway.com Subject: Parking Justification Analysis Address: 8285 E. Santa Ana Canyon Road, Suite 130 The hours of classroom instruction for Painting UR Way will be Monday-Saturday 9:00 -11:00 a.m.; 3:00- 5:00 p.m. and 7:00-9:00 p.m. Based on Building Code occupancy limitations, this business is allotted a maximum occupancy of 50 persons (42 patrons and up to 8 staff members). Therefore, our maximum parking demand will not exceed 50 cars at any time. Due to the social nature of the business we believe that most patrons will come with at least one other guest. We anticipate an actual demand of 30-35 parking spaces because students will carpool to class. A maximum of six staff persons are involved with the business (3 owners, 2 artists, 1 office manager). However, it is anticipated that three staff persons will be at the studio at any given time (1 artist, 1 office manager and 1 assistant). A parking survey of current tenants in the commercial center was conducted and the majority of the tenants within the commercial center require short term, typically less than one hour, convenience parking (flower shop, dentist office, pet hospital, dry cleaner, liquor store, nail salon). The majority of the tenants have indicated that their parking space requirements are usually limited to 5-6 spaces at any given time. We have determined that the peak hours for parking spaces are as follows: Monday-Friday 7:00-8:30 a.m. Monday-Friday 9:00-11:00 a.m. Monday-Friday 5:30-6:30 p.m. Saturday 11:00 a.m. - 5 p.m. We conducted a count of occupied parking spaces on thesedates and times: DateTime Maximum Number of Cars 12/20/14 - Saturday 6:30-7:15 p.m. 35 12/29/14 - Monday 8:45– 9:30 a.m. 35 12/29/14 - Monday 6:30-7:15 p.m. 43 We believe parking is adequate for our proposed business and existing businesses because during various times of observation, excess parking spaces have been available during peak demand time frames for all businesses. ATTACHMENT NO. 5 City of Anaheim INTERDEPARTMENTALREVIEW COMMITTEE To: Vanessa Norwood/Planning Department Case No.: DEV 2014-00102/CUP 2014-05765 Painting Ur Way 8285 E. Santa Ana Canyon Road #130 Date: November 5, 2014 From: Lieutenant Tracy Hittesdorf 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 I havereviewed the above case. Below are thecomments and conditions fromthe Police : Department COMMENTS:Public Convenience and Necessity Information: The Police Department has received an I.D.C. Route Sheet for DEV2014-00102/CUP 2014-05765.The applicant is requesting to permit an art studio with sales and service of beer and wine. Thislocation iswithin Census Tract Number 219.05which has a population of 5,485. This population allows for 6 onsale Alcoholic Beverage Control licensesand there are presently 6 licensesin the tract. It also allows for 3 offsale licensesand there are presently 3 licenses in the tract. This location is within Reporting District 1244which is 32% abovethe city average in crime. There have been nocalls for service to this location in the last year. The ¼ mile radius surrounding this location is below the city average in crime.The calls for service primarily consisted of: 8petty thefts and 4 drunks in public. RECOMMENDED CONDITIONS OF APPROVAL: The Police Department requeststhe following conditionsbeplaced on the Conditional Use Permit: No.TimingConditionResponsible Department 1.Managers, owners, and wait staff need to call the Police Department Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714-558-4101. The permitted event or activity shall not create 2. Police Department sound levels that violate any ordinance of the City of Anaheim. There shall be no exterior advertising or sign of 3. Police Department any kind or type, including advertisingdirected to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Security measures shall be provided to the 4. Police Department 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 disturbancesto the neighborhood by excessive noise created by patrons entering or leaving the premises. 5.Any and all security officers provided shall comply Police Department 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. 6.The business shall not be operated in such a way Police Department as to be detrimental to the public health, safety or welfare. 7.Any Graffiti painted ormarked upon the premises Police Department or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 8.There shall be no entertainment, amplified music Police Department or dancing permitted on the premiseat any time unless the proper permits have been obtained . from the City of Anaheim The number of persons in attendanceshall not 9. Police Department exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indication the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code) The sale of alcoholic beverages for consumption 10. PoliceDepartment off the premises shall be prohibited. The business shall not employ or permit any 11. Police Department 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) If and when Painting Ur Way is no longer 12. Police Department operational as a business the Police Department recommends that the Public Premise license obtained through the Department of Alcoholic Beverage Control also goes away. Mandating that any new business reapply and go through a C.U.P. process for approval and conditions that correspond to the new business. There shall be no requirement to purchase a 13. Police Department minimum number of drinks. Concur: Office of Chief of Police f:\home\mmirwin\CUP\2014-00102DEV8285 E SAC Painting Ur Way.doc December 3, 2014 Painting UR Way Amelia L Huckabee Floor Plan Requirements 331 Minaret Street Project Address: Corona, CA 92881 8285 E Santa Ana Canyon Road, Suite 130 (951) 768-1962 Anaheim, CA 92808 amelia_ahuckabee@sbcglobal.net alh@paintingurway.com Bathroom Storage Sink Bar Assembly Area (light brown) 750 sq. ft. 50 person Tables for occupant Painting load [7- 8ft tables, seating 6 patrons each] City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO.6 PLANNING COMMISSIONREPORT City of Anaheim PLANNING DEPARTMENT DATE:JANUARY 12, 2015 SUBJECT:CONDITIONAL USE PERMIT NO. 2014-05759, DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00111, AND VARIANCE NO. 2014-04985 LOCATION: 1001–1037 North Magnolia Avenue and 2610 West La Palma Avenue APPLICANT: The applicant is Glen Hartigan, representing Frontier Real Estate Investments, and the property owner is Kathy Watson. REQUEST: The applicant requests approval of the following:1) a conditional use permit for the partial demolition and reconstruction of an existing retail center to include a drive- through pharmacy and drive-through fast food restaurant; and, to permit alterations to two legal nonconforming freestanding signs; 2) a Determination of Public Convenience or Necessity for the sale of alcoholic beverages at the pharmacy for off-premises consumption; and, 3) a variance to allow fewer parking spaces than required by the Zoning Code. DISCUSSION: The applicantrequestsacontinuance ofthis hearing to allow time to work with staff to address various design considerations. RECOMMENDATION: Staff recommends that this hearing be continued to the . January 26, 2015 Planning Commission meeting Prepared by,Submitted by, Gustavo GonzalezJonathan E. Borrego Associate PlannerPlanning Services Manager Attachments: 1.Applicant’s Request for Continuance 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ATTACHMENT NO. 1 City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 7 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE:JANUARY 12, 2015 SUBJECT:ZONING CODE AMENDMENT NO. 2014-00121AND ADJUSTMENT NO. 7 TO THE ANAHEIM RESORT SPECIFIC PLAN (SPN92-2U) LOCATION: Citywide. APPLICANT: City of Anaheim. REQUEST:- This request is aCityinitiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code. RECOMMENDATION : Staff recommends that the Planning Commission, by motion, determine thatthe proposed ordinanceis not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of theState of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines")because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project", as defined in Section 15378 of the CEQA Guidelines, and recommend to the City Council approval of Zoning Code Amendment No. 2014-00121and Adjustment No. 7 to the Anaheim Resort Specific Plan. PROPOSAL: This amendmentincludesmodifications to permitted land uses, development standards, procedures and definitions contained in the Zoning Code. A summary of the proposed amendmentsis provided as Attachment No. 1to this report and includes thedescription and purpose of each amendment. ANALYSIS: Since itscomprehensive update in 2004, amendments to the Zoning Code have been made on an as-needed basis as the result of the periodic review of the Code by staff. This amendmentinvolves various minor changesto numerous sections of the Codeto provide clarity, correct typographically errors, create internal consistency of terms and definitions, and to amend development standards to reflect current market trends. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ZONING CODE AMENDMENT NO. 2014-00121 January 12, 2015 Page 2of 2 CONCLUSION: This proposal is intended to amend the Zoning Code through a series of technical and/or clarifying modificationsto existing provisions.Staffrecommends approval of this Zoning Code Amendmentand Adjustment to the Anaheim Resort Specific Planas it will provide staff, decision makers, and membersof the public, with clearer standards, procedures and definitions. Prepared by,Submittedby, Gustavo N. GonzalezJonathanE.Borrego AssociatePlannerPlanning Services Manager Attachments: 1.Summary of Amendments 2.Draft Ordinance ATTACHMENT NO. Summary of Amendmentsfor Draft Ordinance ZCA2014-00121and SPN92-2U OrdinanceCode Chapter, Section, Subsection, and/or Description SectionTable 18.06 (Multiple-Family Residential Zones) Thisclean up amendmentchanges the permitted use description 18.06.030(Uses) 1“Educational InstitutionsCenters” to provide consistency with the Table 6-A(Primary Uses: Multiple-Family terminology used throughout the Zoning Code. Residential Zones) 18.06 (Multiple-Family Residential Zones) 18.06.100 (Recreational-Leisure and Storage Areas) This amendment corrects a typographical errorin a table describing the 2Subsection .010minimum size of recreational-leisure areas in multiple family residential zones to correctly indicate “Minimum AreaStructural Height Table 6-I (Minimum Size of Recreational-Leisure Areas: Multiple-Family Residential Zones) Changes “Computer Internet and Amusement Facilities Chapter 18.08 (Commercial Zones) from a conditionally permitted use to a prohibited use. Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) also modifies the description and definition of the use class to eliminate Overlay Zone) the minimum number of computers or electronic devices required to be Chapter 18.30 (Downtown Mixed Use (DMU) defined as this type of facility, and eliminate the parking r Overlay Zone) 3,6,9,10,11, the use classfrom the Code.This amendment would effectively prohibit 16,25,27Chapter 18.32 (Mixed Use (MU) Overlay Zone) “Computer Internet and Amusement Facilities” in the City of Anaheim. Chapter 18.36 (Types of Uses) The amendment is warrantedgiven that these facili Chapter 18.92 (Definitions) often operate as illegal gambling establishments,and Chapter 18.116 (Anaheim Resort Specific Plan No. no longernecessary due to advances in technology that have made 92-2 (SP 92-2) Zoning and Development Standards) internet connectivity readily accessibleto the general public Provides clarification on theapplicable development standards Chapter 18.14 (Publicand Special Purpose Zones) Transition Zone for the development of single-family detached dwellings Section 18.14.030 (Uses) 4The development standards of the RS-2 Zone would Table 14-A (Primary Uses: Public and Special- square feet or greater in size. The development standards of the RS Purpose Zones) Zone wouldapply for lots that are less than 7,200 square feet in size. Chapter 18.16 (Regulatory Permits) Corrects an error inthe operational standardsprohibiting a cover charge 5Section 18.16.060 (Entertainment) for admission under an entertainment permit forone defined by the Zoning Code. Subsection .040 Removes the maximum density range for all unit types permitted in the Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) PTMU Overlay Zone,as indicated on Table 20 Overlay Zone) densities than arecurrently permitted , provided the densities do not Section 18.20.070 (Project Size) 7 exceed the maximum development intensity in the Subsection .015 asestablishedby 18.20.040 (Development Districts Table 20-F (Building Types: Platinum Triangle Mixed with the General Plan and the infrastructure capacity analyzed by EIR No. Attachment No. 1 ZCA2014-00121 Summary of Amendments OrdinanceCode Chapter, Section, Subsection, and/or Description SectionTable Use (PTMU) Overlay Zone) 330, SEIR No. 332, EIR No. 335 and SEIR No. 339. Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) Adds minimum parking requirements to Table 20 Section 18.20.120 (Parking, Loading and Vehicular PTMU Overlay Zone, as one is not currently provided Access) 8 parking ratio of 1.25 spaces per unit is consistent with the parking ratio Subsection .010 for studio units throughout the Zoning Code. Table 20-I (Minimum Parking Requirements: Platinum Triangle Mixed Use (PTMU) Overlay Zone) Adds the short-term rentalsof residential unitsfor occupancy, dwelling, lodging or sleeping purposes as a permitted use Chapter 18.32 (Mixed Use (MU) Overlay Zone) subject to the granting of an administrative use permit as provided in Section 18.32.030 (Uses) 10 Chapter 4.05.This amendment is intended to allow Table 32-A (Primary Uses: Mixed Use Overlay Zone) Use d evelopments in a manner consistent with the City’s other residential zones. Removes the restriction to sell products and services on the premises of a residenceto provide home occupations more flexibility. Chapter 18.38 (Supplemental Use Regulations) 12occupationswill continue to be required to comply with all other Section 18.38.130 (Home Occupations) provisions of Section 18.38.130, including an existing limit of no more than eight customers per day. For construction of a second unit,removes the requirement for property Chapter 18.38 (Supplemental Use Regulations) owners to provideconsent from thelender on the owner occupancy Section 18.38.230 (Second Units) 13restrictions. The owner will still be required to record the r title but will no longer need to incur the burden of getting their lender’s Subsection .140 consent. Clarifiesthe height limitation of any proposed wall as part of a residential Chapter 18.40 (General Development Standards) development of two or more units to be determine Section 18.40.090 (Sound Attenuation for Residential attenuation study rather than the maximum height limitation of the 14 Developments) underlying zone. This amendment is intended to allow Subsection .030 wall height necessary tomitigate noise impacts and railroad rights of way without the need to process a variance. Clarifies that no fee shall be assessed for the use of parking spaces by residents and tenants of multiple-family residential projects as required by Chapter 18.42 (Parking and Loading) current code or the code at the time of project construction, whichever is Section 18.42.030 (Residential Parking Requirements) 15 higher. The amendment is intended to require Subsection .020 multiple-family residential projects to provide sufficient free on parking. This amendment would not prohibit the assessment of fees for 2 Attachment No. 1 ZCA2014-00121 Summary of Amendments OrdinanceCode Chapter, Section, Subsection, and/or Description SectionTable those parking spaces that are in excess to the current code or the code at the timeof project construction. Simplifies the description of the types of materials that can be used to Chapter 18.46 (Landscaping and Screening) Section 17infill artificial turf.The amendment simplifiesthis standard 18.46.055 (Artificial Turf Standards) Subsection .020 only clean sand or other environmentally-friendly Chapter 18.46 (Landscaping and Screening) Section Modifies the requirements for landscaping within the fr 18.46.100 (All Vegetation) 18single-family residential zones to allow for more drought tolerant options Subsection .050 while maintainingattractive front yards. Changesthe height limitation of any proposed wall as part of a residential Chapter 18.46 (Landscaping and Screening) development adjacent to a freeway, toll road and/or abutting a railroad Section 18.46.110 (Screening, Fences, Walls and corridor be determined bya sound attenuation stu Hedges) 19 maximum height limitation of the underlying zone. This amendment is Table 46-A (Required Fences and Walls) intended to allow for the appropriate wall height Table 46-B (Permitted Fences and Walls) noise impactsonto the users of aproject. Modifies the landscaping requirements to allow the u Chapter 18.46 (Landscaping and Screening) Section in lieu of live vines, provided that such vines maintain a “live” 18.46.120 (Required Landscaped Treatment of 20appearance and provide the level of screening required by this Fences, Walls and Trash Enclosures) the Code. The amendment is intended to allow greater flexibility in the Subsection .010 required screening of fences, walls and trash enclosures. Modifies the landscaping requirements to allow the u Chapter 18.46 (Landscaping and Screening) in lieu of live vines, provided that such vines maintain a “live” appearance and provide the level of screening required by this Section 18.46.130 (Required Landscaped Treatment 21 the Code.The amendment is intended to allow greater flexibility in the of Building Walls in Commercial, Industrial or Public and Special-Purpose Zones) required landscaped treatment of building walls in or public and special-purpose zones. Chapter 18.56 (Nonconformities) Minor update tothis Section to reflect the recent relocation of the 22Neighborhood Preservation Division from the Community Development Section 18.56.040 (Nonconforming Structures) Department to the PlanningDepartment. Subsection .060 Minor clarificationstipulating that when multiple discretionary land use Chapter 18.60 (Procedures) applications are submitted for concurrent Planning Commission review 23Section 18.60.150 (Scope of Review)and approval, andone or more of such applications requires review and approval at a public hearing, all related applications shall be Subsection .020 considered at the same time. Chapter 18.60 (Procedures) Minor modification grantingthe Planning Director sole discretion to 24 Section 18.60.170(Extension of Time to Comply with extend the time period to satisfy conditions of approval to establish an Conditions of Approval)approved use or structure.The Code currently 3 Attachment No. 1 ZCA2014-00121 Summary of Amendments OrdinanceCode Chapter, Section, Subsection, and/or Description SectionTable authority the discretion to extend the approved time period. The amendment is intended to make this process more efficient by eliminating the review and approval of these requests by the Planning Commission or City Council. The Planning Director would retain the option of referring a time extension to the Planning Commission if deemed necessary to serve the public interest. Createsa definition for “Wet Bar”.The Zoning Code provides a Chapter 18.92 (Definitions) definition for “Kitchen”, however Wet Bar” is not defined. 26 Section 18.92.260 (“W” Words, Terms and Phrases) amendment is intended to provide a clear distinction between the terms. 4 ATTACHMENT NO. 2  ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE (ZONING CODE AMENDMENT NO. 2014-00121) (ADJUSTMENT NO. 7 TO THE ANAHEIM RESORT SPECIFIC PLAN (SPN92-2U)) (DEV2014-00123) WHEREAS, pursuant to Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, the City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000et seq.; of the State of California Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3; herein referred to as the "CEQA Guidelines"), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project", as defined in Section 15378 of the CEQA Guidelines; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public health, safety or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Table 6-A (Primary Uses: Multiple-Family Residential Zones) of Section 18.06.030 (Uses) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: P=Permitted by Right Table 6-A C=Conditional Use Permit Required PRIMARY USES:MULTIPLE-FAMILY N=Prohibited RESIDENTIAL ZONES T=Telecommunications Antenna Review Permit Required RM-RM-RM-RM- Special Provisions 1234  1  Residential Classes of Uses DwellingsMultiple Subject to § 18.38.100; affordable housing may be C P P P Family developed pursuant to Chapter 18.50 DwellingsSingle-Dwellings requiring a conditional use permit are subject to C P C C Family Attached § 18.06.160 (a) Allowed only when combined with single-family attached dwellings within the same project; in the RM-1 Zone, attached housing must be oriented toward any major DwellingsSingle- C P P P or primary arterial or (b) one single-family detached Family Detached dwelling allowed on one legal lot in existence on the effective date of Ord. 5920, using the RS-2 and RS-3 Zone based on lot size Mobile Home Parks N C C C Residential Care P P P P Subject to § 18.36.030.050 Facilities Senior Citizen C C C C Subject to Chapter 18.50 Housing Supportive Housing C P P P Transitional Housing C P P P Note on Table 6-A-Residential Classes of Uses: New Residential Development. All new residential development within 600 feet of any railroad, freeway, expressway, major arterial or primary arterial, as designated by the Circulation Element of the General Plan, is subject to the provisions of § 18.40.090. Non-Residential Classes of Uses Antennas C C C C Broadcasting AntennasPrivate C C C C Subject to § 18.38.040 Transmitting Antennas Telecommunications - T T T T Subject to §§ 18.38.060 and 18.62.020 Stealth Building- Mounted Antennas C C C C Subject to § 18.38.060 Telecommunications - Stealth Ground-  2  Mounted Antennas Telecommunications - N N N N Ground-Mounted Bed & Breakfast Inns N C C C Subject to § 18.38.080 Community & C C C C Religious Assembly Convalescent & Rest N N N C Homes Day Care Centers C C C C Educational Centers N N C C InstitutionsGeneral Golf Courses & N N C C Country Clubs Group Care Facilities C C C C Subject to § 18.36.040.070 Oil Production N C C C Subject 18.38.180 Public Services C C C C RecreationLow- C C C C Impact Recreation C C C C Swimming & Tennis Room & Board C C C C Transit Facilities C C C C UtilitiesMinor C C C C  SECTION 2. That Table 6-I (Minimum Size of Recreational-Leisure Areas: Multiple-Family Residential Zones) of Subsection .010 of Section 18.06.100 (Recreational-Leisure and Storage Areas) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:  3  Table 6-I SIZE OF RECREATIONAL-LEISURE AREAS: MINIMUM MULTIPLE-FAMILY RESIDENTIAL ZONES Zone Minimum Structural Height Area 350 square feet for each dwelling unit; amounts may be modified pursuant RM-1 to 18.06.160 RM-2 1,000 square feet for each dwelling unit RM-3 350 square feet for each dwelling unit RM-4 200 square feet for each dwelling unit SECTION 3. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: P=Permitted by Right Table 8-A C=Conditional Use Permit Required PRIMARY USES: COMMERCIAL N=Prohibited ZONES T=Telecommunications Antenna Review Permit Required C- C-C-O-O- Special Provisions NC R G L H Residential Classes of Uses Mobile Home Parks N N C N N Senior Citizens' Senior Citizens' Apartment projects subject to Chapter C C C N N Housing 18.50 Non-Residential Classes of Uses Alcoholic Beverage Subject to Section18.38.025. Buildings larger than 6,000 N P/C P/C N N Manufacturing square feet are subject to a Conditional Use Permit. Alcoholic Beverage Conditional use permit not required if use is in P/C P/C P/C P/C P/C SalesOff-Sale conjunction with MarketsLarge. In O-L and O-H  4  Zones, must be clearly accessory to and integrated with an office building Alcoholic Beverage C C C C C SalesOn-Sale Ambulance Services N C C N N Permitted without a conditional use permit when Animal Boarding P/C P/C P/C P/C P/C conducted entirely indoors subject to §18.38.270; otherwise a CUP is required. Animal Grooming P P P P P Permitted without a conditional use permit if designed Antennas P/C P/C P/C P/C P/C similar to stealth telecommunications facility as defined Broadcasting in §18.38.060.030.0312 Antennas Telecommunications- T T T T T Subject to § 18.38.060 and § 18.62.020 Stealth Building- Mounted Antennas Telecommunications- T T T T T Subject to § 18.38.060 Stealth Ground- Mounted Antennas Telecommunications N N N N N Ground-Mounted (Non-Stealth) Automatic Teller Machines P P P P P Subject to § 18.36.040 AutomotiveVehicle Sales, Lease & N N C N N Subject to § 18.38.200 Rental AutomotiveSales N N C C C Subject to § 18.38.065 Agency Office AutomotivePublic C C C C C Parking AutomotiveParts P P P N N Sales  5  AutomotiveRepair C C C N N & Modification AutomotiveService C C C C C Subject to § 18.38.070 Stations AutomotiveIn O-L and O-H Zones, must be accessory to an N C C C C Washing AutomotiveService Station use In O-L and O-H Zones, must be accessory to and Bars & Nightclubs C C C C C integrated with an office building Bed & Breakfast Inns C C C C C Subject to § 18.38.080 Billboards N N N N N Boat & RV Sales N N C N N Subject to § 18.38.200 Business & Financial P P P P P Services Cemeteries N N C N N Community Retail P/C P/C P/C N N Subject to § 18.38.115; otherwise a CUP is required. Centers Community & In O-H Zone, must be clearly accessory to and integrated C C C C C Religious Assembly with an office building Computer Internet & In O-L and O-H Zones, must be clearly accessory to and Amusement N CN CN CN CN integrated with an office building Facilities Convalescent & Rest N N C N N Homes Subject to § 18.38.110; otherwise a CUP is required. In Convenience Stores P/C P/C P/C P/C P/C O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Dance & Fitness In O-H Zone, must be clearly accessory to and integrated N P P P P StudiosLarge with an office building In O-H Zone, must be clearly accessory to and integrated Dance & Fitness P P P P P with an office building, otherwise requires a conditional StudiosSmall use permit Permitted without CUP if lintegrated within a multi- Day Care Centers C C C P/C P/C tenant office building as an accessory use to serve  6  Drive-Through C C C C C Facilities Educational Institutions with ten students or less do not require a P/C P/C P/C P/C P/C InstitutionsBusiness conditional use permit Educational N C C C C InstitutionsGeneral Educational P P P P P Subject to § 18.36.040.050 InstitutionsTutoring In O-L and O-H Zones, must be clearly accessory to and Entertainment Venue C C C C C integrated with an office building Equipment RentalPermitted if equipment is completely screened from P/C P/C P/C N N Large view. CUP required if equipment cannot be screened. In O-H and O-L Zones, must be clearly accessory to and Equipment Rental P/C P/C P/C P/C P/C integrated with an office building. CUP required if Small conducted outdoors. Group Care Facilities C C C C C Subject to § 18.36.040.070 Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N MarketsLarge P P P N N MarketsSmall P/C P/C P/C C C Subject to § 18.38.155, otherwise a CUP is required. Medical & Dental P P P P P Offices Mortuaries N N P N N Offices P P P P P Laundromats are subject to § 18.38.150; otherwise a Personal ServicesCUP is required. In O-L and O-H Zones, must be clearly P/C P/C P/C P/C P/C General accessory to and integrated with an office building. Massage subject to §18.16.070. Personal ServicesIn O-L and O-H Zones, must be clearly accessory to and C C C C C Restricted integrated with an office building  7  Subject to §§ 18.38.190,18.38.200 and 18.38.205; Plant Nurseries N P/C P/C N N otherwise a CUP is required. Public Services C C P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Facilities with alcohol RecreationBilliards P/C P/C P/C P/C P/C consumption requires a CUP. Subject to §18.38.085, otherwise a CUP is required. RecreationIn O-L and O-H Zones, must be clearly accessory to and C C C C C Commercial Indoor integrated with an office building Recreation C C C C C Commercial Outdoor RecreationLow-In O-L and O-H Zones, must be clearly accessory to and C C C P P Impact integrated with an office building RecreationPermitted without CUP when conducted completely P/C P/C P/C P/C P/C Swimming & Tennis indoors Repair Services P N P N N General Repair ServicesIn O-L and O-H Zones, must be clearly accessory to and P P P C C Limited integrated with an office building Research & N C C C P Development RestaurantsDrive- N C C C C Subject to § 18.38.220 Through RestaurantsGeneral P P P C C Subject to § 18.38.220 RestaurantsOutdoor P/C P/C P/C P/C P/C Subject to § 18.38.220 dining RestaurantsWalk- C C C C C Up Retail SalesGeneral P P P P P Subject to § 18.38.220 Retail SalesKiosks C C C C C Retail SalesOutdoor C C C N N Subject to § 18.38.190 and § 18.38.200 Retail SalesUsed P P P N N Merchandise  8  Room & Board N N C N N Self-Storage N N C N N Subject to City Council Policy No. 7.2 Sex-Oriented N N P N N Subject to Chapter 18.54 Businesses Smoking Lounge P/C P/C P/C N N Subject to § 18.16.080; otherwise a CUP is required. Studios P/C P/C P/C P/C P/C Permitted without a CUP if there is no live audience. Broadcasting In O-L and O-H Zones, must be clearly accessory to and StudiosRecording N N P C C integrated with an office building Transit Facilities C C C C C UtilitiesMajor C C C N C Pay phones are permitted by right in all zones if located UtilitiesMinor P P P P P on the interior of a building or attached to the exterior Veterinary Services P/C P/C P/C N N Subject to § 18.38.270; otherwise a CUP is required. Wholesaling N C C N N Shall be accessory to a Retail Sales use SECTION 4. That Table 14-A (Primary Uses: Public and Special-Purpose Zones) of Section 18.14.030 (Uses) of Chapter 18.14 (Public and Special Purpose Zones) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: P=Permitted by Right Table 14-A C=Conditional Use Permit Required PRIMARY USES: PUBLIC AND N=Prohibited SPECIAL-PURPOSE ZONES T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Residential Classes of Uses One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ord. 5920, using the RS-2 and DwellingsSingle- N N N P RS-3 Zone based on lot size. The development standards of the Family Detached RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots  9  that are less than 7,200 square feet in size. Mobile Home Parks N N N C Senior Citizens N N N C Senior Citizens Apartment projects subject to Chapter 18.50 Housing One single-family detached dwelling allowed on one legal lot in Supportive Housing (6 NNNPexistence on the effective date of Ordinance No. 6289, using the or fewer persons) RS-2 and RS-3 Zone based on lot size One single-family detached dwelling allowed on one legal lot in Supportive Housing (7 NNNCexistence on the effective date of Ordinance No. 6289, using the or more persons) RS-2 and RS-3 Zone based on lot size One single-family detached dwelling allowed on one legal lot in Transitional Housing (6 NNNPexistence on the effective date of Ordinance No. 6289, using the or fewer persons) RS-2 and RS-3 Zone based on lot size One single-family detached dwelling allowed on one legal lot in Transitional Housing (7 existence on the effective date of Ordinance No. 6289, using the NNNC or more persons) RS-2 and RS-3 Zone based on lot size Non-Residential Classes of Uses Agricultural Crops P N N P Alcoholic Beverage N C C C SalesOn-Sale Religious Assembly use Ambulance Services N N N C Animal Boarding C N N C Permitted without a conditional use permit if designed similar to AntennasBroadcasting N N N C stealth telecommunications facility as defined in § 18.38.060.030.0312 AntennasPrivate N N N C Subject to § 18.38.040 Transmitting Antennas Telecommunications- T T T T Subject to §§ 18.38.060 and18.62.020 Stealth Building- Mounted Antennas C C C C Subject to § 18.38.060 Telecommunications- Stealth Ground-  10  Mounted Antennas Telecommunications- N N N N Subject to § 18.38.060 Ground-Mounted AutomotivePublic N P C N Parking AutomotiveService N N N C Subject to § 18.38.070 Stations AutomotiveWashing N N N C Bed & Breakfast Inns N N C C Subject to § 18.38.080 Beekeeping N N N C Cemeteries C N C C Commercial Retail N N N C Centers General Plan for Commercial Land Uses Community & N N C C Religious Assembly Convalescent & Rest N N N C Homes Convenience Stores N C C C Subject to § 18.38.110 Dance & Fitness N C N N StudiosSmall Day Care Centers N C C C Educational N C P C InstitutionsBusiness Educational N C P C InstitutionsGeneral Entertainment Venue N C C C Golf Courses & C P P C Only allowed use in PR Zone is municipally owned golf course Country Clubs Group Care Facilities N C C N  11  Helipads N N C N Hospitals N N C C Hotels & Motels N C N C Mortuaries N N N C Oil Production N N N C Subject to § 18.38.180 Plant Nurseries P C C C Subject to §§ 18.38.190 and18.38.200 Public Services N P P P RecreationBilliards N C C C Recreation N C C C Commercial Indoor Recreation N P C C subject to § 18.14.030.130 Commercial Outdoor RecreationLow- C P C C Impact RecreationSwimming N P C C & Tennis Recycling Services N N N C Subject to Chapter 18.48 General RestaurantsDrive- N N C N Subject to § 18.38.220 Through RestaurantsGeneral N C C C Subject to § 18.38.220 RestaurantsOutdoor N C C C Subject to § 18.38.220 Dining RestaurantsWalk-Up N C C N Retail SalesGeneral N N N C General Plan for Commercial Land Uses Retail SalesUsed N N N C Merchandise Room & Board N N N C  12  Self-Storage N N C N Transit Facilities N C C C UtilitiesMajor C C C C UtilitiesMinor P P P P Veterinary Services N N N C SECTION 5. That Subsection .040 of Section 18.16.060 (Entertainment) of Chapter 18.16 (Regulatory Permits) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .040 Operational Standards. All facilities permitted by an entertainment permit shall be subject to the following operational standards: .0401 All entertainers and 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. .0402 The operator shall not permit or allow any minor under the age of sixteen years, unless accompanied by a parent or guardian, or permit or allow any intoxicated, boisterous or disorderly persons to enter, be, remain in or to dance therein; .0403 The operator shall not shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing; .0404 The operator shall not permit any person to dance or permit any music to be played or reproduced by any device between the hours of two a.m. and nine a.m. of any day; .0405 Policing. Every person conducting an entertainment venue shall employ a sufficient number of security officers to properly police said dance, the number of such officers to be determined by the Chief of Police. .0406 The entertainment shall be restricted to that described in the application received. .0407 If required by the Police Department, security officers shall be provided that are in compliance with all state and local laws regulating their services including, without limitation, Chapter 11.5 of Division 3 of the California Business and Professions Code.  13  .0408 At all times that entertainment is conducted security measures shall be adequate to deter unlawful conduct on the part of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. .0409 The number of persons attending the event or entertainment shall not exceed the maximum occupancy of the business premises as determined by the Anaheim Fire Department. Signs stating the maximum permitted occupancy shall be posted in a conspicuous place on an approved sign near the main exit from the room. .0410 The business shall not employ or permit any person 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. .0411 No pyrotechnical material, special effects, open flame devices, or fireworks shall be allowed unless a permit is previously issued in writing by the Anaheim Fire Department and unless the display is in strict accordance with any ordinance adopted by the Anaheim City Council regulating such displays. .0412 The business shall not be operated in violation of any provision of the Anaheim Municipal Code or any other city, state, or federal law. .0413 A cover charge may shall not be required for admission into the premises unless a conditional use permit is first obtained that permits a cover charge, except in the case of a one day-dance event as defined in Section 18.92.070 of this Code. .0414 Any violation of the development standards or operational standards shall be grounds for revocation of the permit. .0415 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. .0416 The parking lot of the premises shall be equipped with lighting of a minimum one foot candle power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. The position of such lighting shall not disturb the normal privacy and use of any neighboring residents. .0417 The applicants shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the license shall be removed or painted over within 24 hours of being applied.  14  .0418 Any detached patios used for entertainment shall be monitored under video surveillance. .0419 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. .0420 That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. .0421 That there shall be no pool tables maintained upon the premises at any time unless an Amusement Permit is obtained from the Planning Department. .0422 That the activities taking place in conjunction with the operation shall not cause noise disturbances to surrounding properties. .0423 No admission fee, cover charge, advance prepayment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises. .0424 The business shall not be operated in such a way as to be detrimental to the public health, safety and welfare. .0425 Any violation of the application, or any of these conditions, shall be sufficient grounds to revoke the permit. .0426 No dancing shall continue beyond two (2:00) A.M. SECTION 6. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Section 18.20.030 (Mixed Use District Uses) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 20-A P=Permitted by Right PRIMARY USES: PLATINUM TRIANGLE C=Conditional Use Permit Required MIXED USE (PTMU) OVERLAY ZONE* N=Prohibited *Does not apply to the Office District; see subsection 18.20.030.010 for Office District GF=Ground Floor Commercial uses. PTMU GF Special Provisions Residential Classes of Uses P DwellingsMultiple-  15  Family Subject to the approval of Conditional Use Permit No. 2003- DwellingsMultiple-04763, as may be amended from time to time, and subject to the Family in the Gateway C conditions and showings of Chapter 18.66 (Conditional Use District, Sub- Area B Permits), and further subject to paragraph 18.20.170.020.0201 and .0202 (Development Agreement Exemptions). DwellingsSingle-Family P Attached DwellingsSingle-Family N Detached Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens Apartment Projects) Supportive Housing P Transitional Housing P Non-Residential Classes of Uses Alcoholic Beverage SalesConditional use permit not required if use is in conjunction with C GF Off-Sale MarketsLarge Alcoholic Beverage Sales C GF On- Sale AutomotivePublic C Parking AutomotiveVehicle N Except as permitted as an accessory use Sales, Lease & Rental AutomotiveService C Stations Bars & Nightclubs C GF Billboards N Business & Financial P GF Services Commercial Retail Centers C Community & Religious C GF Assembly  16  Computer Internet & CN GFN Amusement Facilities Convenience Stores C GF Conversions of hotels or motels to semi-permanent N living quarters Dance & Fitness Studios P GF Large Dance & Fitness Studios P GF Small Day Care Centers C GF Drive-through Facilities N Educational Institutions C GF Business Educational Institutions C GF General Educational Institutions P GF Tutoring Entertainment Venue C GF Hotels are permitted, extended-stay hotels are permitted by Hotels & Motels P/C/ N conditional use permit, motels are not permitted (See Chapter 18.92 for definitions) MarketsLarge P GF permit MarketsSmall P GF Medical and Dental P GF Offices OfficesGeneral P GF On-site dry cleaning not allowed; conditional use permit required Personal ServicesGeneral P GF for laundromats; laundromats are subject to § 18.38.150 Personal Services C GF Restricted  17  Public Services P GF RecreationBilliards P GF RecreationCommercial P GF Indoor RecreationCommercial C Outdoor RecreationLow-Impact P RecreationSwimming & P Tennis Repair ServicesLimited P GF Research and C Development RestaurantsDrive- N Through RestaurantsGeneral P GF RestaurantsOutdoor P GF Subject to §18.38.220 (Restaurants Outdoor Seating and Dining) Dining RestaurantsWalk-Up P GF Retail SalesGeneral P GF Retail SalesUsed N Merchandise Sex-oriented businesses, as defined in N Chapter 18.54(Sex- Oriented Businesses) StudiosBroadcasting P GF Broadcasting antennas require a conditional use permit StudiosRecording P GF Swap meets, indoor and N outdoor Transit Facilities P GF  18  UtilitiesMajor C Use or activities not listed, As determined by the Planning Commission to be compatible C nor specifically prohibited with the intended purpose of the PTMU Overlay Zone. SECTION 7. That Section 18.20.070 (Project Size) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.20.070 PROJECT SIZE. The residential project size requirements are as follows: .010 The minimum residential project size shall be fifty (50) dwelling units. .015 The minimum and maximum densities density permitted shall be as indicated by building type in Table 20-F (Building Types: Platinum Triangle Mixed Use (PTMU) Overlay Zone), based on the gross number of dwelling units and the gross lot size excluding public and private streets, alley rights-of-way, and public and private easements for ingress and egress. The maximum development intensity is regulated by Section 18.20.040 (Development Districts) of this Code. .020 Residential projects of more than four hundred (400) dwelling units on parcels of five (5) acres or greater shall consist of more than one (1) building type, as defined in Table 20-F (Building Types: Platinum Triangle Mixed Use (PTMU) Overlay Zone). The building types proposed to meet this requirement must vary by at least one (1) story in height. .030 Building Site Requirements in Chapter 18.40 (General Development Standards) shall also apply. Table 20-F BUILDING TYPES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Minimum Building Density Unit Type Definition Type Range Units/Acre Tuck-Townhomes Residential buildings in which individual parking garages are located 16-30 Under Flats under the living unit but still accessed by surface driveways Wrapped Residential buildings that surround, or wrap around, a freestanding Flats 45-80 Deck (not subterranean) parking structure Podium 16-100 Residential buildings located above a subterranean parking structure Townhomes  19  Flats High- Rise Flats 65-100 Residential buildings over 55 feet in height Tower SECTION 8. That Table 20-I (Minimum Parking Requirements: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Section 18.20.120 (Parking, Loading and Vehicular Access) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 20-I MINIMUM PARKING REQUIREMENTS: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Total Number of Minimum Number of Parking Bedrooms Spaces Per Unit Studio 1.25 spaces 1 bedroom 1.5 spaces 2 bedroom 2.0 spaces 3 bedroom 2.5 spaces 4 bedroom 3.5 spaces SECTION 9. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section 18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 30-A PRIMARY P=Permitted by Right USES: DOWNTOWN C=Conditional Use Permit Required MIXED USE OVERLAY N=Prohibited ZONE DMU Special Provisions Residential Classes  20  of Uses DwellingsMultiple- P Family DwellingsSingle- P Family Attached DwellingsSingle- P Family Detached Senior Citizen P Subject to Chapter 18.50 (Senior Citizens' Housing Apartment Projects) Housing Supportive Housing P Transitional P Housing Non-Residential Classes of Uses Alcoholic Beverage C SalesOff-Sale Alcoholic Beverage C SalesOn-Sale Conditional use permit required, if facilities are not accessory to a primary use on Antennas P the same lot, not completely screened from view from a public right-of-way or Broadcasting not disguised as an integral architectural feature Conditional use permit required, if facilities are not completely screened from Antennas Private P view from a public right-of-way or not disguised as an integral architectural Transmitting feature Conditional use permit required, if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural Antennas P Telecommunications feature; subject to §18.38.060 (Mechanical and Utility Equipment Ground Mounted) AutomotivePublic P Parking Bars & Nightclubs C Billboards N Business & P Financial Services  21  Commercial Retail C Centers Community & C Conditional use permit not required for museums Religious Assembly Computer Internet & Amusement CN Facilities Convalescent & Rest C Homes Convenience Stores C Dance & Fitness C StudiosLarge Dance & Fitness P StudiosSmall Day Care Centers C Educational Institutions C Business Educational C InstitutionsGeneral Entertainment C Venue Golf Courses & Golf courses and putting greens may be allowed if accessory to a primary C Country Clubs permitted use Group Care C Subject to § 18.36.040.070 Facilities Hotels & Motels C Motels not allowed MarketsLarge P Outdoor farmers markets are allowed with a conditional use permit Delicatessens that primarily serve take-out customers do not require a conditional MarketsSmall C use permit Medical & Dental P Offices OfficesGeneral P  22  On-site dry cleaning not allowed; conditional use permit required for Personnel Services P laundromats; laundromats are subject to § 18.38.150; massage subject to General § 18.16.070 Public Services P RecreationBilliards P Recreation C Commercial Indoor RecreationLow- C Impact Recreation P Swimming & Tennis Recycling ServicesSubject to Chapter 18.48 (Recycling Facilities); reverse vending machines P Consumer located entirely within a structure do not require any zoning approval Repair Services C Limited RestaurantsGeneral P Subject to § 18.38.220 (Restaurants Outdoor Seating and Dining) Restaurants C Outdoor Dining RestaurantsWalk- P Up Retail SalesGeneral P If food service is proposed, the application shall include a complete description of how food products will be refrigerated and/or heated, and how utensils, Retail SalesKiosks C appliances and equipment will be cleaned. Retail SalesUsed P Antique shops only Merchandise Studios C Broadcasting StudiosRecording P Transit Facilities C Bus depots prohibited UtilitiesMajor C  23  UtilitiesMinor P  SECTION 10. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section 18.32.030 (Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 32-A P=Permitted by Right PRIMARY USES: C=Conditional Use Permit MIXED USE OVERLAY Required ZONE N=Prohibited MU Special Provisions Residential Classes of Uses DwellingsMultiple- 24-hour on-site management is C Family required DwellingsSingle- C Family Attached Senior Citizen Housing C Subject to Chapter 18.50 Supportive Housing C Transitional Housing C Non-Residential Classes of Uses Alcoholic Beverage C SalesOff-Sale Alcoholic Beverage C SalesOn-Sale Shall be fully screened by the Antennas C building to which they are attached; Telecommunications subject to §18.38.060 Bars & Nightclubs C  24  Business & Financial P Services Computer Internet & CN Amusement Facilities Convenience Stores C Subject to § 18.38.110 Dance & Fitness Studios C Large Dance & Fitness Studios P Small Educational Institutions C Business Entertainment Venue C MarketsLarge C Subject to § 18.38.155 MarketsSmall C Subject to § 18.38.155 Medical & Dental Offices P Offices P Personnel Services P General Personnel Services C Restricted RecreationCommercial C Indoor Allowed only as an accessory use to RecreationLow-Impact P a primary use Repair ServicesLimited P RestaurantsGeneral P Subject to § 18.38.220 RestaurantsOutdoor P Subject to § 18.38.220 Dining Retail SalesGeneral P Retail SalesKiosks C  25  Subject to a short-term rental permit Short-Term Rentals P as provided in Chapter 4.05 Transit Facilities C Allowed only as an accessory use to UtilitiesMajor P a primary use  SECTION 11. That Subsection .030 of Section 18.36.040 (Non-Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .030 "C" Use Classes. Cemeteries. This use class consists of burial grounds for the interment of the dead or their remains. Uses include cemeteries and crematories, columbaria, and mausoleums located within cemeteries. Commercial Retail Centers. This use class consists of any combination of two (2) or more commercial uses or commercial businesses, excluding those found in a mixed-use project, that are otherwise permitted or conditionally permitted in the zone in which they are located, and that are either: (i) located on a single parcel of property; (ii) constructed as or otherwise resulting in a single development project with shared parking or access; or (iii) a result from a remodeling, partitioning or other division of space in a building, business or use on a single parcel of property. Community & Religious Assembly. This use class consists of community meeting and cultural facilities; meeting, athletic, recreational or social facilities of a private fraternal or benevolent organization; and facilities for religious worship, with incidental educational or residential use. Uses include fraternal lodges, meeting halls, community centers, libraries, museums, churches, mosques, synagogues, monasteries, convents, and religious retreat centers. Computer Internet & Amusement Facilities. This use class consists of establishments that, for compensation, provide for public use ten (10) or more of computers or electronic communication devices to which computers are connected, for the purpose of providing its patrons with access to the Internet, e-mail, video games played over the Internet, or other computer game software. Typical uses include or are commonly known as PC (personal computer) Ccafes or Zzones, Iinternet Ccafes or Zzones, Ccyber Ccafes or Ccyber Ccenters or other similar descriptors or uses. Such uses, when part of, and accessory to, educational institutions and day care centers, are not included. Convalescent & Rest Homes. This use class consists of facilities providing nursing, dietary and other personal services for seven (7) or more convalescents, invalids and aged persons, but excluding cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in hospitals.  26  Convenience Stores. This use class consists of the retail sales of food and beverages, primarily for off-site preparation and consumption, and found in establishments characterized by long or late hours of operation, on-site parking, and a building less than ten thousand (10,000) square feet. Establishments where twenty-five percent (25%) or more of transactions are sales of prepared food for on-site or take-out consumption are classified as a restaurant use. This use class may be combined with AutomotiveService Stations. SECTION 12. That Section 18.38.130 (Home Occupations) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.38.130 HOME OCCUPATIONS. Home occupations shall comply with the following provisions: .010 No person other than members of the resident family shall engage in the home occupation. .020 No sales of products or services on the premises shall be permitted, except for sales through the mail, delivery service, Internet or telephone. .030 .020 No significant increase in pedestrian or vehicular traffic shall be generated by the home occupation. For purposes of interpretation, more than six (6) total vehicles or eight (8) total people per day relating to the home occupation shall be conclusively deemed a significant increase in traffic. .040 .030 No more than a single vehicle used primarily in the conduct of the home occupation may be parked or stored on the public street or anywhere on the subject property other than in an enclosed garage. That single vehicle shall have a weight not in excess of ten (8) feet in total outside width, or seven (7) feet in height, or twenty-one (21) feet in bumper-to- bumper length. Commercial vehicles used in the home occupation that are parked or stored on the premises shall not be visible from any public street or right-of-way. For purposes of this s not designed and used for recreational and domestic purposes. .050 .040 No outdoor storage of materials and/or supplies or other outdoor activity related to the home occupation shall be permitted. Enclosed storage of home occupation materials and/or supplies is permitted with the following restrictions: .0501 .0401 Storage of supplies or equipment used in the home occupation may be permitted in a garage, if the storage does not diminish the usable parking space as required by Chapter 18.42 (Parking and Loading). .0502 .0402 Trailers or tractors weighing one (1) ton or less that are used in the home occupation shall be stored entirely within an enclosed garage, and are subject to the provisions of  27  subsection .0501 above. Trailers, tractors or trucks in excess of one (1) ton and all wheeled construction equipment shall not be permitted on the premises. .0503 .0403 Storage of hazardous waste, noxious materials, chemicals, pharmaceuticals or other substances that may constitute a nuisance shall not be permitted on the premises. .060 .050 No exterior aspect of the residential structure shall allow the home occupation to be reasonably recognized as a non-residential use. .070 .060 No noise, odor, dust, vibration, fumes or smoke caused by a home occupation shall be readily discernible at the lot boundaries, and the use shall not adversely affect surrounding residents. .080 .070 No home occupation shall cause an electrical disturbance that shall adversely affect the property of another person. .090 .080 The home occupation shall be operated in conformance with all applicable laws. .100 .090 The person conducting the home occupation shall obtain a City business tax certificate for, and shall register the home occupation with, the Planning Department, on forms provided for such purpose, together with payment of a filing fee as established by resolution of the City Council. SECTION 13. That Subsection .140 of Section 18.38.230 (Second Units) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .140 Deed Restrictions. Prior to issuance of a building permit for a Second Unit, the property owner shall provide written proof to the Planning Department that execute a covenant (including agreement and consent from any lender whose interest is secured by the property) setting forth the following minimum requirements, in a form and substance satisfactory to the Planning Department and City Attorney's Office, has been which shall be recorded in the office of the Orange County Recorder: .1401 A reference to the deed under which the property was acquired by the owner; .14021 The Second Unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; .14032 The Second Unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the Second Unit, is occupied by the owner of record of the property; and .14043 The restrictions shall be binding upon any successor in ownership of the property.  28  SECTION 14. That Subsection .030 of Section 18.40.090 (Sound Attenuation for Residential Developments) of Chapter 18.40 (General Development Standards) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .030 Attenuation. Mitigation measures, without limitation, may include masonry walls, an earthen berm or a combination thereof. Masonry walls must comply with the requirements of Chapter 18.46 (Landscaping and Screening). The height of any proposed walls may not exceed the maximum height limitations of the underlying zone, shall be determined by the approval authority based on the recommendation of a sound attenuation study prepared by a state-licensed acoustical engineer, unless a variance is granted by the approval authority, or City Council on appeal, in accordance with the procedures established in Chapter 18.60 (Common Procedures) for the processing of variances. SECTION 15. That Subsection .020 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .020 DwellingsMultiple Family. .0201 The minimum required number of off-street parking spaces for Multiple-Family Dwellings shall be based on the total number of bedrooms as follows: Total Number Minimum Number of of BedroomsParking Spaces per Unit Studio unit 1.25 1 bedroom 2.0 2 bedrooms 2.25 3 or more 3.0 (plus 0.5 space for each bedrooms bedroom over 3 bedrooms) .0202 Guest Parking. Of the number of required parking spaces, one-quarter (0.25) space per dwelling unit shall be reserved and clearly marked for guest parking only and shall be readily accessible to motorists from contiguous streets and/or vehicle accessways. .0203 Required parking spaces for residents and tenants in Multiple-Family Residential projects shall be readily accessible. and no No fee shall be assessed for their the use of parking spaces required by current code or for parking spaces required by code at the time of construction of the project, whichever is higher.  29  .0204 Any assigned spaces shall be located within one hundred (100) feet of, and be readily accessible to, the dwelling unit served. Unassigned spaces provided to satisfy parking requirements for a dwelling unit shall be located within two hundred (200) feet of the unit served. .0205 Tandem Parking Spaces. Tandem parking spaces of not more than two (2) vehicles deep shall be permitted for the parking spaces required for Multiple Family Residential projects under paragraph .0201 above. Tandem parking spaces of not more than two (2) vehicles deep shall be permitted for parking spaces required for Multiple Family Residential projects under paragraph .0201, above, provided that (i) such tandem parking spaces are enclosed or covered parking spaces, and (ii) both spaces are assigned to the same designated dwelling unit. Tandem parking spaces shall not be counted toward the required number of guest parking spaces. .0206 Parking areas shall be screened by means of landscaping or architectural devices from adjacent public and private streets and properties, and from living or recreational-leisure areas, to a height of twenty-four (24) inches, with the exception of line-of-sight requirements, as shown on the applicable Engineering Standard Details pertaining to commercial driveway approaches. .0207 Any interior walls of covered parking areas shall be finished with exterior finish material. Adequate bumper guards shall be provided to protect any interior walls from damage. .0208 Garages or carports may be installed in areas previously designated for open surface, resident parking subject to the following provisions: .01 Garages or carports may encroach into required building and landscape setback areas (excluding front setbacks adjacent to public streets) subject to the review and approval by the Planning Director. Any decision by the Planning Director may be appealed to the Planning Commission as provided in Chapter 18.60 (Procedures); .02 Any installed garage doors must be roll-up type doors; .03 Garages may not be used for storage and must be used for parking of operable vehicles only. In addition, the property owner or property manager is responsible for assuring compliance with this provision; .04 Exterior garage walls, where visible from any public or private property, shall be finished with colors and materials consistent with the exterior colors and materials of existing buildings on the site and roofs must be finished with quality materials, such as, tile or shingles. Elevation plans must be reviewed and approved by the Planning Director; .05 The total number of required parking spaces provided on the site is not decreased beyond minimum code requirements by the construction of the garages. Replacement parking spaces may be provided elsewhere on the project site; .06 Garage spaces must be assigned to specific apartment units and shall not be rented or leased to non-residents;  30  .07 Garage or carport spaces proposed to be constructed under the provisions of paragraph 18.42.030.020.0208, above, need not be within 100 feet of the unit to which it is assigned. SECTION 16. That Table 42-A (Non-Residential Parking Requirements) of Section 18.42.040 (Non-Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: Table 42-A NON-RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Agricultural Crops 5 spaces per 10 acres. 1.55 spaces per 1,000 square feet of GFA, which may inlcude include a maximum of 10% office space, plus, if the percentage of office Alcoholic Beverage space exceeds 10% of the GFA, 4 spaces per Manufacturing 1,000 square feet of GFA for the floor area in excess of 10% Tasting Room and outside patios: 17 spaces per 1,000 square feet of GFA. Alcoholic Beverage 0 spaces (spaces are required for underlying SalesOff-Sale uses only). Alcoholic Beverage 0 spaces (spaces are required for underlying SalesOn-Sale uses only). 4 spaces per 1,000 square feet of GFA, plus Ambulance Services parking for ambulances/emergency vehicles. 4 spaces per 1,000 square feet of GFA for first Animal Boarding 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. 4 spaces per 1,000 square feet of GFA for first Animal Grooming 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. AntennasBroadcasting 2 spaces. AntennasPrivate None. Transmitting 1 space. Antennas  31  Telecommunications 2 spaces per machine. Automatic Teller Note: No parking spaces are required when Machines located on the exterior building wall of an existing business use, when located within the walk-up facilities not interior of any other type of business located on properties establishment, or when free-standing machines developed with other are located on properties developed with other retail or office uses.) retail or office uses. In addition, no parking spaces are required for drive-up facilities. General: 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. AutomotiveVehicle Wholesale (excluding auctions) Sales, Lease & Rental : 4 spaces per 1,000 square feet of space used for parking vehicles to be sold. Auctions : Requires parking demand study per paragraph 18.42.040.010.0108. AutomotiveSales 4 spaces per 1,000 square feet of GFA. Agency Office AutomotivePublic None. Parking 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per AutomotiveParts Sales 1,000 square feet of GFA over 100,000 square feet. AutomotiveRepair & 3.5 spaces per 1,000 square feet of GFA, or 5 Modification spaces, whichever is greater. Stand-Alone : 2 spaces. AutomotiveService Stations In Conjunction with Other Uses : 0 spaces. In Conjunction with Service Station : 1 space, plus drying area for 5 vehicles. AutomotiveWashing Stand-Alone : 5.5 spaces per 1,000 square feet of GFA, plus drying area for 5 vehicles. 29 spaces per 1,000 square feet of dance floor Bars & Nightclubs area and 17 spaces per 1,000 square feet of GFA.  32  1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this use class, Bed & Breakfast Inns "Bedroom" means any room designed, intended or primarily used for sleeping purposes). Beekeeping None. Billboards None. 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 spaces per Boat & RV Sales 1,000 square feet of building GFA used for parts, sales, storage and repair use. 5.5 spaces per 1,000 square feet of GFA for Business & Financial first 100,000 square feet, plus 4.5 spaces per Services 1,000 square feet of GFA over 100,000 square feet. Requires parking demand study per Cemeteries paragraph 18.42.040.010.0108. Total parking spaces are equal to the sum of Commercial Retail the parking requirements for the individual use Centers types in the center. 0.333 space per fixed seat, or 29 spaces per 1,000 square feet of GFA, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use, plus, Community & Religious if a kitchen facility is provided, 0.02 space per Assembly person for the maximum capacity figure of the assembly area determined by the City Fire Department; if other types of ancillary uses other than a Sunday school are included, a parking demand study may be required. 0.18 space per computer, or 5.5 spaces per Computer Internet & 1,000 square feet of GFA, whichever results in Amusement Facilities a greater number of spaces. Convalescent & Rest 0.8 space per bed. Homes 5.5 spaces per 1,000 square feet of GFA; if combined with other allowed uses, 3 spaces for Convenience Stores the first additional use, and 1 space for each additional use thereafter, except that the extra spaces are not required when the uses are  33  integrated within a commercial retail center. Dance & Fitness 5.5 spaces per 1,000 square feet of GFA. StudiosLarge Dance & Fitness 5.5 spaces per 1,000 square feet of GFA. StudiosSmall 1 space per employee, plus 1 space per 10 children or adult clients, plus 1 space for Day Care Centers loading and unloading children or adult clients onsite. Drive-Through None as an accessory use, but requires Facilities adequate space for queuing. 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instruction area, Educational whichever results in a greater number of InstitutionsBusiness spaces, plus 4 spaces per 1,000 square feet of GFA for office area. Elementary and Junior High Schools : 1 space per classroom, plus 1 space per non-office employee, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). Educational InstitutionsGeneral High Schools : 1 space per non-office employee, plus 1 space per 6 students, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly). Educational 4 spaces per 1,000 square feet of GFA. InstitutionsTutoring 1 space per employee and volunteer staff member, plus 1 space for every 4 beds or 0.5 Emergency Shelter spaces per bedroom designated for family units with children. Entertainment Venue : 17 spaces per 1,000 square feet of GFA and 29 spaces per 1,000 square feet of dance floor area. Entertainment Venue Broadcast or Recording Studios with Audience : 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet.  34  Theaters-Live Performances : 0.4 spaces per seat or patron, whichever results in a greater number of spaces, plus 0.8 spaces per employee, including performers. Theaters-Single-Screen Motion Picture : 0.6 space per seat or patron, whichever results in a greater number of spaces, plus 5 spaces for employees. Theaters-Multi-Screen Motion Picture : 0.3 spaces per seat or per patron, whichever results in a greater number of spaces, plus 2 employee spaces per screen. 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per Equipment Rental 1,000 square feet of GFA over 100,000 square Large feet, plus 0.4 space per 1,000 square feet of outdoor equipment storage area. 4 spaces per 1,000 square feet of building GFA for first 100,000 square feet, plus 3 spaces per Equipment Rental 1,000 square feet of GFA over 100,000 square Small feet, plus 0.5 spaces per 1,000 square feet of outdoor equipment storage area. Golf Courses : 10 spaces per hole, plus 1 space per 35 square feet of building GFA used for public assembly, plus 5.5 spaces per 1,000 Golf Courses & Country square feet of GFA used for other commercial Clubs purposes. Golf Driving Ranges : 1 space per driving tee. Group Care Facilities 0.8 space per bed. Requires parking demand study per Helipads paragraph 18.42.040.010.0108. Requires parking demand study per Hospitals paragraph 18.42.040.010.0108. 0.8 space per guest room, plus 8 spaces per 1,000 square feet of GFA for banquet/meeting room, plus 8 spaces per 1,000 square feet of GFA for full-service, outdoor dining, walk-up Hotels & Motels and fast-food restaurants, plus 5.5 spaces per 1,000 square feet of GFA for take-out restaurants integrated into the hotel complex, plus 1 space per 1,000 square feet of retail space plus 0.25 space for each employee  35  working in the guest room areas. Industrial : 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities : 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in Industry a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses : 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in a greater number of spaces. IndustrialHeavy : 1.55 spaces per 1,000 square feet of building GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. Industrial Training Facilities : 0.82 space per student, or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in IndustryHeavy a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use. Outdoor Uses : 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in the greater number of spaces. 5 spaces or 5.5 spaces per 1,000 square feet of Junkyards building GFA, whichever is greater. 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per MarketsLarge 1,000 square feet of GFA over 100,000 square feet. MarketsSmall 5.5 spaces per 1,000 square feet of GFA.  36  Medical & Dental 6 spaces per 1,000 square feet of GFA. Offices Requires parking demand study per Mortuaries paragraph 18.42.040.010.0108. Office-General : 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 Offices spaces per 1,000 square feet of GFA for buildings of more than 3 stories. Oil Production 2 spaces per well. 4 spaces or 4 spaces per 1,000 square feet of building GFA of any accessory building, Outdoor Storage Yards whichever is greater, plus spaces required for service vehicles. 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per Personnel Services General 1,000 square feet of GFA over 100,000 square feet. 5.5 spaces per 1,000 square feet of GFA for Personnel Servicesfirst 100,000 square feet, plus 4.5 spaces per Restricted 1,000 square feet of GFA over 100,000 square feet. 5.5 spaces per 1,000 square feet of building GFA, plus 0.4 space per 1,000 square feet of Plant Nurseries lot area devoted to outdoor uses, excluding parking areas and vehicular accessways. 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per Public Services 1,000 square feet of GFA for buildings of more than 3 stories. Billiard Halls : 2 spaces per billiard table, plus RecreationBilliards required spaces for other uses within the facility. Amusement Arcades : requires parking demand study per paragraph18.42.040.010.0107. Bowling Alleys : 6 spaces per bowling lane. RecreationCommercial Racquetball Facilities : 5 spaces per court. Indoor Skating Rinks : 2.4 spaces per 1,000 square feet of building GFA. Other Uses : Requires parking demand study  37  per subsection18.42.040.010.0108. Miniature Golf Course : 20 spaces per course, plus 1 per each employee. RecreationCommercial Outdoor Other Uses : requires parking demand study per paragraph18.42.040.010.0108. Requires parking demand study per RecreationLow-Impact paragraph 18.42.040.010.0108. Swimming Facilities : requires parking demand RecreationSwimming study per paragraph18.42.040.010.0108. & Tennis Tennis Courts : 5 spaces per court. Recycling Services0 space (spaces are required for host use(s) Consumer only). Recycling Services1.55 spaces per 1,000 square feet of building General GFA. Recycling Services 1.55 spaces per employee. Processing 5.5 spaces per 1,000 square feet of GFA for Repair Servicesfirst 100,000 square feet, plus 4.5 spaces per General 1,000 square feet of GFA over 100,000 square feet. 5.5 spaces per 1,000 square feet of GFA for Repair Servicesfirst 100,000 square feet, plus 4.5 spaces per Limited 1,000 square feet of GFA over 100,000 square feet. 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per Research & Development 1,000 square feet of GFA for buildings of more than 3 stories. Drive-In, Drive- Through, Fast-Food : 10 spaces per 1,000 square feet of GFA. Take-Out (not to exceed a cumulative RestaurantsGeneral maximum total of twenty seats for patrons) : 5.5 spaces per 1,000 square feet of GFA. 8 spaces per 1,000 square feet of GFA if RestaurantsFull integrated into a planned development Service complex; 15 spaces per 1,000 square feet of GFA, if not integrated into a planned  38  development complex. 8 spaces per 1,000 square feet of GFA, if integrated into a planned development RestaurantsOutdoor complex; 15 spaces per 1,000 square feet of Dining GFA, if not integrated into a planned development complex. RestaurantsTake-Out 5.5 spaces per 1,000 square feet of GFA. RestaurantsWalk-Up 16 spaces per 1,000 square feet of GFA. General : 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet. Retail SalesGeneral Art Galleries : 3.3 spaces per 1,000 square feet of GFA. Furniture, Carpet & Flooring : 2.25 spaces per 1,000 square feet of GFA. 1 space per 25 square feet of GFA or 3 spaces per facility, whichever results in a greater Retail SalesKiosks number of parking spaces. 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 0.5 space Retail SalesOutdoor per each employee engaged in the outdoor operation, whichever results in a greater number of parking spaces. 5.5 spaces per 1,000 square feet of GFA for Retail SalesUsed first 100,000 square feet, plus 4.5 spaces per Merchandise 1,000 square feet of GFA over 100,000 square feet. 1 space for each bedroom, plus 1 space for each nonresident employee, plus 1 space for visitors (for purposes of this provision, Room & Board "Bedroom" means any room designed, intended or primarily used for sleeping purposes). 0.27 space per 1,000 square feet of building GFA or 5 spaces, whichever results in a greater number of spaces, plus adequate loading and Self-Storage Facilities unloading areas as required by the Planning Services Manager or his/her designee. Primarily Live Performance Sex-Oriented : 10 spaces per  39  Businesses 1,000 square feet of GFA. Primarily Book or Video Store : 5.5 spaces per 1,000 square feet of GFA. StudiosBroadcasting 2.5 spaces per 1,000 square feet of GFA. StudiosRecording 2.5 spaces per 1,000 square feet of GFA. 4 spaces per 1,000 square feet of building Towing Services GFA, plus spaces for tow trucks. Requires parking demand study per Transit Facilities paragraph 18.42.040.010.0108. 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 square feet Truck Repair & Sales per 1,000 square feet of building GFA for parts, sales, storage and repair use. Requires parking demand study per UtilitiesMajor paragraph 18.42.040.010.0108. UtilitiesMinor None required. 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per Veterinary Services 1,000 square feet of GFA over 100,000 square feet. 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office Warehousing & space, plus, if the percentage of office space StorageEnclosed exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. 0.4 spaces per 1,000 square feet of outdoor storage area (excluding vehicle accessways), plus 1.55 spaces per 1,000 square feet of GFA Warehousing & (which may include a maximum of 10% office StorageOutdoors space), plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10%. 1.55 spaces per 1,000 square feet of building Wholesaling GFA.  40  SECTION 17. That Subsection .020 of Section 18.46.055 (Artificial Turf Standards) of Chapter 18.46 (Landscaping and Screening) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .020 Artificial Turf Design/ Quality Standards. .0201 Materials. Artificial turf shall be of a type known as cut pile infill and shall be manufactured from polypropylene, polyethelene, or a blend of polypropylene and polyethleyene fibers stitched onto a polypropylene or polyurethane meshed or hole-punched backing. Hole- punched backings shall have holes spaced in a uniform grid pattern with spacing not to exceed four inches by six inches on center. .0202 Installation. Artificial turf shall be installed over a compacted and porous road base material and shall be anchored at all edges and seams. Seams shall be glued and not sewn. An infill medium consisting of ground rubber, ground coal slag, clean washed sand and ground rubber, clean sand or other approved mixture shall be brushed into the fibers to insure that the fibers remain in an upright position and to provide ballast that will help hold the turf in place and provide a cushioning effect. Artificial turf must consist of pile fibers a minimum height of 1-3/4" and a proper drainage system shall be installed underneath the turf to prevent excessive run-off or pooling. .0203 Slope Restrictions. The installation of artificial turf on slopes greater than six point six percent (6.6%) shall require the approval of the City Engineer and shall meet requirements of the Public Works Department. .0204 General Appearance. Artificial turf shall be installed and maintained to effectively simulate the appearance of a well-maintained lawn. The Planning Department shall maintain and make available for public inspection a sample of various artificial turf products that meet this standard of appearance. .030 Prohibited uses. The use of indoor or outdoor plastic or nylon carpeting as a replacement for artificial turf or natural turf shall be prohibited. SECTION 18. That Subsection .050 of Section 18.46.100 (All Vegetation) of Chapter 18.46 (Landscaping and Screening) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .050 Landscaping Setbacks in Front Yard. Live landscaping or artificial turf shall occupy no less than fifty percent (50%) of required front yards for single-family homes. Conversion of landscaped front yards into driveways that would reduce the landscaped areas to less than fifty percent (50%) is prohibited without the approval of the Planning Director. Bark chips, mulch, gravel, pavers and stones shall not be counted as landscaping. Landscaping Within the Front Setback in Single-Family Residential Zones. In order to maintain attractive front yards, the  41  following landscape requirements shall apply to required front setback areas in all Single-Family Residential Zones: .0501 Landscaping shall be provided within required front setback areas, excepting (i) permitted driveway locations illustrated in Planning Standard (Driveway Locations for Single- Family Residences), and (ii) walkways leading to front doors and/or side and rear yards. Permitted driveways and walkways shall occupy no more than fifty percent (50%) of the required front setback area. .0502 Landscaping shall consist of live plant materials (e.g., trees, grasses, plants, shrubs, flowers, etc.) or artificial turf, and may include earth tone decorative organic or inorganic materials (e.g., bark, mulch, decomposed granite, rocks, etc.). .0503 Live plant materials or artificial turf shall be used as the primary ground cover, with the use of decorative organic or inorganic materials limited to pathways, landscape borders, and complementary decorative features. .0504 Live plant materials shall be provided in a quantity and manner resulting in a minimum of 75% live plant material coverage within the required landscape area at maturity. SECTION 19. That Table 46-A (Required Fences and Walls) and Table 46-B (Permitted Fences and Walls) of Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read in full as follows: Table 46-A Required Fences and Walls Zones Single-Multiple- Public and Special Family Family Commercial Industrial Special- Provisions Residential Residential Purpose Enclosing Outdoor Storage Subject to 6-8 feet § 18.38.200(Outdoor high fence Not Not Not Not Storage) and or applicable applicable applicable applicable §18.46.110.090 masonry (Enclosure of Outdoor wall Uses) Separating Zones  42  "OS": None; "PR": 6 Abutting 6-8 feet 8 feet feet; "T": 6 May be a combination 8 feet Single-decorative decorative feet, except of a masonry wall and decorative Family None masonry masonry if developed berm; subject masonry Residential wall or wall or with single-to §18.46.110.060 wall or berm Zone berm berm family (Front Yards) residential; "SP": 6 feet "OS": None; "PR": 6 Abutting 6-8 feet 8 feet feet; "T": 6 May be a combination 8 feet Multiple- decorative decorative feet, except of a masonry wall and decorative Family masonry None masonry if developed berm; subject masonry Residential wall or wall or with single-to §18.46.110.060 wall or berm Zone berm berm family (Front Yards) residential; "SP": 6 feet 8 feet 8 feet May be a combination "OS": None; decorative decorative of a masonry wall and Abutting "PR": None; masonry masonry None None berm; subject Commercial "T": 6 feet; wall or wall or to §18.46.110.060 "SP": None berm berm (Front Yards) 6-8 feet 6-8 feet May be a combination "OS": None; decorative decorative of a masonry wall and Abutting "PR": None; masonry masonry None None berm; subject Industrial "T": 6 feet; wall or wall or to §18.46.110.060 "SP": None berm berm (Front Yards) Abutting 6 feet 6 feet None 6 feet None Mixed Use 8 feet solid wall or 8-foot "OS": None; May be a combination berm 8-foot Abutting decorative "PR": 6 of a masonry wall and abutting decorative Residential None masonry feet; "T": 6 berm; subject to single-masonry Uses wall or feet; "SP": 6 §18.46.110.060 (Front family wall or berm berm feet Yards) residential uses 6-8 feet Subject to Height § 18.40.090(Sound determined None, Attenuation for 6-8 feet by approval Adjacent to except for Residential decorative authority Freeways & None None residential Developments) and masonry or based on Toll Roads uses in "T" subject berm sound Zone: 6 feet to §18.46.110.040 attenuation (Residential Areas study; Adjacent to Major decorative  43  masonry or Rights-of-Way) berm wall Vines required on 6-8 feet fencing; and subject to Height §18.46.110.040 determined 6-8 feet 6-8 feet 6-8 feet (Residential Areas by approval decorative decorative decorative Adjacent to Major authority masonry or masonry masonry or 6-8 feet Rights-of-Way) and Abutting based on berm, or berm, berm, decorative §18.46.110.050.0502 Railroads sound chainlink* chainlink* chainlink* masonry (Permitted Use of attenuation interwoven interwoven interwoven Chainlink Fencing) study; with PVC with PVC with PVC *chainlink only where decorative slats* slats slats fence is not visible to masonry public right-of-way wall other than railroads Notes on Table 46-A: 1. Properties with a resolution of intent to a zone other than residential shall not be treated as residential. 2. Properties zoned "T," which are not developed with a residential use, shall not be treated as residential. Table 46-B Permitted Fences and Walls Zones Single-Multiple- Public and CommercialIndustrialSpecial Provisions Family Family Special- ResidentialResidentialPurpose Within Required Front or Street Setbacks 3 feet, *Subject to except as §18.46.010.060.0602 (Front provided 3 feet to 6 Yards) herein 3 feet, 3 feet, 3 feet, feet**, **3 feet in min. landscaped 6 feet in except as except as except as Maximum except as setback, 6 feet decorative and Height RH-1 provided provided provided provided landscaped wrought iron at back Zone*, herein herein herein herein of min. landscaped setback; see except as also § 18.46.110.060 provided (Front Yards) herein No barbed wire No where No barbed No barbed No barbed barbed Material visible to wire or wire or wire or Limitations wire or public chain link chain link chain link chain link right-of- way (excl. alleys) or non-  44  industrial property Within Maximum Maximum Maximum Maximum Maximum Subject to Vacant Lots 6 feet 6 feet 8 feet chain 8 feet 8 feet §18.46.110.050.0501 & chain link chain link link chain link chain link (Permitted Use of Chain Link Construction permitted permitted permitted permitted permitted Fencing) Sites Maximum 8 feet Height Abutting determined Subject to §18.46.110.060 arterial by (Front Yards) and Chapter highways or approval N/A N/A N/A N/A 18.62(Administrative scenic authority Reviews) expressways based on sound attenuation study Within Required Side, Rear, or Interior Setbacks All fencing permitted within required front or street setback also allowed in side, rear or interior setbacks in all zones Additional Fencing: Maximum 8 feet, if residence abuts non- 6 feet 6 feet 6 feet 6 feet 6 feet Height residential use No barbed wire No barbed No chain wire No barbed No barbed No link, if Permitted wire or wire or visible to barbed visible to Material chain link chain link public wire public right-of- right-of- way way other than alley 10 feet chain link, 10 feet 10 feet 10 feet but not in chain Tennis, chain link, chain link, front yard link, but Paddleball, but not in but not in None and street not in etc. street street side of street setback setback reverse setback corner lot Abutting Maximum Maximum Maximum Maximum Maximum arterial 8 feet 8 feet 8 feet 8 feet 8 feet highways or Height  45  scenic determined expressways by approval authority based on sound attenuation study Abutting Public 6-8 feet 6-8 feet 6-8 feet 6-8 feet 6-8 feet Subject to §18.46.110.080 Alleys Notes on Table 46-B: 1. Properties with a resolution of intent to a zone other than residential shall not be treated as residential. 2. SECTION 20. That Subsection .010 of Section 18.46.120 (Required Landscaped Treatment of Fences, Walls and Trash Enclosures) of Chapter 18.46 (Landscaping and Screening) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .010 Required Landscaping. All fences, walls and trash enclosures containing solid surfaces which are visible from any public right-of-way or private street shall be planted with either clinging non-deciduous vines or fast-growing shrubbery that will screen the fence or wall surface so as to minimize graffiti opportunities. The use of artificial vines shall be allowed in lieu of live vines, provided that such vines maintain a screening required by this Section. SECTION 21. That Section 18.46.130 (Required Landscaped Treatment of Building Walls in Commercial, Industrial or Public and Special-Purpose Zones) of Chapter 18.46 (Landscaping and Screening) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.46.130 REQUIRED LANDSCAPED TREATMENT OF BUILDING WALLS IN COMMERCIAL, INDUSTRIAL OR PUBLIC AND SPECIAL-PURPOSE ZONES. Building walls that are visible to a public right of way, including freeways and railroad corridors, shall be planted with shrubs or non-deciduous vines in accordance with Subsection 18.46.120.020.0202. This requirement shall only apply to walls that are located  46  within 75 feet of such rights of way and landscaped treatment is not required in areas where it would obscure the visibility of a door or window. The use of artificial vines shall be allowed in rovide the level of screening required by this Section. The Planning Director is authorized to waive this requirement if the property owner is able to provide an equally effective screening method by alternate means. This requirement shall apply to all properties located within a Commercial, Industrial, or Public and Special-Purpose zone. SECTION 22. That Subsection .060 of Section 18.56.040 (Nonconforming Structures) of Chapter 18.56 (Nonconformities) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .060 Removal of Building. Except as provided in this section, if a nonconforming structure is removed, subsequent structures shall conform to the provisions of this title. .0601 Removal and Reconstruction of Structures Accessory to Historic Residences. If a structure, accessory to a historic residence (as identified on a list maintained by the Neighborhood Preservation Division of the Community Development Planning Department) is removed, replacement structures or portions thereof may be reconstructed in their original location, subject to review and approval by the Planning Director. Approval shall be subject to the following requirements: .01 Verification that the accessory structure to be replaced was in existence a minimum of forty (40) years prior to the request for reconstruction must be provided by the submittal of one or more of the following documents: (a) Sanborn map (b) County Assessor documents (c) Historical photographs of the accessory structure (d) Other similar, pertinent historical records .02 That the reconstruction shall be similar to or listed in Section 18.04.030 (Uses. Single-Family Residential Zones), Table 4-B (Accessory Uses and Structures. Single-Family Residential Zones) or in Section 18.04.100 (Structural Setbacks. Single-Family Residential Zones), Table 4-J (Permitted Encroachments for Accessory Uses/Structures: Single-Family Residential Zones). .03 The reconstruction must be located on the same property as the historic single- family residence. .04 The reconstruction will not add additional dwelling units. .05 The reconstruction shall be subject to the approval of the Neighborhood Preservation Division of the Community Development Planning Department.  47  SECTION 23. That Subsection .020 of Section 18.60.150 (Scope of Review) of Chapter 18.60 (Procedures) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .020 When multiple discretionary land use applications are submitted for concurrent Planning Commission review and approval, and one or more of such applications requires City Council review and approval in conjunction with a noticed public hearing, all such applications shall be subject to full review and approval by the City Council as the granting authority. SECTION 24. That Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) of Chapter 18.60 (Procedures) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.60.170 EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL. The approved time period to satisfy conditions of approval to establish an approved use or structure may be extended at the discretion of the appropriate approval authority Planning Director. .010 Application. Requests for extensions of time to comply with conditions of approval shall be made in writing, within six (6) months following the expiration date, and shall be accompanied by an application form and the appropriate filing fee. Upon application for extension of time, the expiration of the permit shall be stayed until a formal action has been taken on the extension request. .020 Required Findings. Before granting any request for an extension of time to comply with conditions of approval, the approval authority Planning Director shall make a finding of fact, by motion written notification, that all of the following findings exist. In the case of the Planning Director, the findings of fact shall be made by written notification. .0201 The extension of time will not extend the approval beyond two (2) extensions, with each extension not to exceed one (1) year, or any greater or lesser time increment specified in the original resolution, or written decision if approved by the Planning Director. .0202 The approved project remains consistent with the General Plan and the zone district designation for the property. .0203 Either no code amendments have occurred that would cause the approval to be inconsistent with this title, or the petitioner has: (i) submitted revised plans demonstrating that the approved project can be modified to bring it into conformance with such code amendments; and (ii) agreed to modify the project to conform to such code amendments. .0204 The subject property is being maintained in a safe, clean and aesthetically pleasing condition, with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. Cost of inspection  48  is established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code Community Preservation Officer Inspection and Reinspections - Fees) of the Anaheim Municipal Code, and shall be paid by the applicant prior to consideration of the extension application by the approval authority Planning Director. .0205 No additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for the original approval of the project. .030 Start of Approval Term. The new approval term shall begin immediately after the original expiration date. .040 Appeals. The decision on an extension of time may be appealed to the appropriate appeal authority, in accordance with the appeal procedure in this chapter. SECTION 25. That (Definitions) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.92.060 "C" WORDS, TERMS AND PHRASES. -profit organization established by SB 731 (Chapter 384, 2008 Statutes), Business and Professions Code Section 4600 et seq., and authorized to issue Massage Practitioner or Massage Therapist certificates on a statewide basis pursuant to Business and Professions Code Section 4600(g). California Massage Therapy Council. A freestanding, roof-like structure without enclosing walls, supported by columns, poles or braces extending from the ground. The event is typically operated by an organization whose primary business is to operate the entertainment such as rides or amusement games. Festivals are also included. A permanently roofed structure with not more than two (2) enclosed sides, used, or intended to be used, for automobile shelter and storage. 18.92.160, where the patron is fully clothed and in a public or semi-public area while receiving the massage, and where the external parts of the body which are massaged are limited to the head, neck, back and/or arms. representative. An establishment or home (other than a large family day care home or a small family day care home, as defined in this title) which provides  49  care, protection and supervision to children, for periods of less than twenty-four (24) hours per day, while the parents or guardians of such children are away. f Anaheim. An association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service that is customarily carried on as a business. Any combination of two (2) or more commercial uses or commercial businesses, otherwise permitted or conditionally permitted in the zone in which they are located, and which the uses or businesses are either: (i) located on a single parcel of property; (ii) constructed as a single development project; or (iii) result from a remodeling, partitioning or other division of space in a building, business or use on a single parcel of property. specifically mentioned. interconnection with other devices for playing electronic games. A business establishment which, for compensation, provides for public use ten (10) or more of computers or electronic communication devices, to which computers are connected, for the purpose of providing its patrons with access to the Internet, e-mail, video games played over the Internet or other computer game software, whether or not said computer activity constitutes the primary use of the premises. Establishments commonly known variously as PC (personal computer) cafes or zones, Internet cafes or zones, cyber cafes or cyber centers or similar descriptions or uses are expressly included within the foregoing definition. Educational institutions and child day care centers, preschools and nurseries, as said terms are defined in Chapter 18.92 of this Code, are not included. An estate in real property, consisting of an undivided interest in common in a portion of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, as defined in California Civil Code Section 1351. A building or group of buildings containing residential condominium units which are owned by individual investors and may be made available for rental as hotel guest rooms or suites as required and enforced by a rental pool agreement and/or the covenants, conditions, and restrictions of the condominium development. A market or grocery store having an enclosed gross floor area of less than ten thousand (10,000) square feet, and engaged primarily in the sale of a limited range of prepackaged food items, and secondarily in a limited range of household items, magazines, off-  50  sale alcoholic beverages and similar items. Food items may be cooked or heated, but not consumed, on the premises. nolo contendere. A place of confinement, usually in the form of a cage or small enclosure, used in conjunction with the keeping of animals. A yard that is enclosed to adequately confine animals. An admission fee imposed upon patrons, including advanced prepayment for meals and similar fees. A wall constructed of individual, but often interlocking, timber or precast concrete components, commonly used for retaining slopes, set at an angle to the vertical, and often including space for the planting of creeping and/or cascading foliage. SECTION 26. That Section 18.92.260 (, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.92.260 "W" WORDS, TERMS AND PHRASES. See "Variance." Any room or area of a room used, intended or designed to be used, for the occasional preparation of food. A wet bar may include a single sink or basin, bar height refrigerator, bar height cabinets and hookups for cold water. This definition does not include amenities such as multiple basin sinks, full height refrigerators, hot water hookups, above counter cabinets, cooking apparatus including, but not limited to, stoves, ranges, hot tops, and microwaves, or any other amenities that would comprise a kitchen. ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name and which does not contain more than 15 percent added flavoring, coloring, and blending material and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine. for the conversion of grapes, berries, or other fruit into wine and is engaged in the production of wine within the City.  51  A store that sells merchandise through the County of Orange Women, Infant and Children (W.I.C.) program, and does not include fast-food services or other services separate from typical W.I.C. transactions. SECTION 27. That Table 116-C (Primary Uses and Structures: C-R District (Development Area 1) of Section 18.116.070 (Uses Commercial Recreation (C-R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: P Permitted by Right Table 116-C C Conditional Use Permit PRIMARY USES AND N Prohibited STRUCTURES: C-R DISTRICT T Telecommunications Antenna Review (DEVELOPMENT AREA 1) Permit Required Classes of Uses C-R District Special Provisions Agricultural crops P Except as permitted subject to Alcoholic Beverages Section 18.116.070.090 or as an accessory N use incidental to and integrated within a hotel Off-Sale or motel. Alcoholic Beverages P On-Sale Ambulance Services N Such uses may include the keeping of animals or birds used in the operation of the facility, provided that such animals or birds shall be maintained in physical confinement sufficient to prohibit the movement of said animals or birds upon any real property not Amusement parks, owned or under the lawful possession or theme-type control of the person or entity owning or C complexes, aviaries, controlling said animals or birds. Further, no zoos animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of  52  animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. No animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds Animal Boarding C shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds shall require either an amendment to said conditional use permit or a new conditional use permit. Animal Grooming N Antennas C Broadcasting Stealth facilities integrated within a building are permitted subject to Antennas Section 18.38.060 and Section 18.62.020. T Telecommunications Freestanding ground-mounted facilities including stealth facilities are not permitted. Shall be located wholly within a building or Automated Teller within a hotel complex in a location not P visible from the public right-of-way. Subject to Section 18.36.040. Car sales are prohibited. Automotive Rental Automotive Vehicle not otherwise permitted by Table 116-D N/C Sales, Lease & Rental requires a conditional use permit. Automotive Parts N Sales Automotive Public Parking lots or parking structures/garages not C Parking otherwise permitted by Table 116-D. Automotive Repair N and Modification Subject to requirements of Automotive Service Section 18.38.070 (Automotive Service C Station Stations) and subsection 18.116.070.090.  53  Automotive In conjunction with an Automotive Service C Washing Station only. Table 116-C P Permitted by Right PRIMARY USES AND C Conditional Use Permit STRUCTURES: C-R N Prohibited DISTRICT (DEVELOPMENT T Telecommunications Antenna Review AREA 1) Permit Required Classes of Uses C-R District Special Provisions Bars & C Nightclubs Bed and Breakfast N Inns Beekeeping N As defined in subsection 18.116.160.010 Billboards N (Definitions Pertaining to Signs). Boat and RV N Sales Building and N Material Sales Cemeteries N Including commercial retail centers, strip shopping centers, mini-malls and other shopping Commercial retail centers not in conformance with the requirements N centers of a Specialty Center, as defined in Section18.116.030 (Definitions) and detailed within this table (Table 116-C). Community and Religious C Assembly Computer Internet & Amusement CN Facilities Convalescent & N Rest Homes  54  Convenience N Except as allowed by Section 18.116.070.090. Stores Conversion of Except a caretaker/manager unit may be provided hotels or motels to as specified in Table 116-D, or vacation semi-permanent N ownership resorts as detailed within this table or permanent (Table 116- living quarters P Permitted by Right Table 116-C C Conditional Use Permit PRIMARY USES AND N Prohibited STRUCTURES: C-R DISTRICT T Telecommunications Antenna Review (DEVELOPMENT AREA 1) Permit Required Classes of Uses C-R District Special Provisions Dance & Fitness N Studios Large Permitted by right as an accessory use Dance & Fitness incidental to and integrated within a hotel or N Studios Small motel Permitted by right as an accessory use Day Care Centers N incidental to and integrated within a hotel or motel Drive-Through N Facilities Single-family or multiple-family, except caretaker/manager units allowed as an Dwelling units N accessory use integrated within a hotel, motel or vacation ownership resort. Educational Institutions C Business Educational Institutions C General Emergency C Medical Facilities  55  Entertainment C Venue Equipment Rental N Large Equipment Rental - N Small Golf Courses & C Country Clubs Group Care N Facilities Headshop N Heliport N As defined in Chapter 18.92 (Definitions). As defined in Chapter 18.92 (Definitions) shall Helistop C be located a minimum of one thousand (1,000) feet from any residentially zoned property. Hotels and motels located north of P Including suite type hotels Orangewood Avenue Hotels and motels located south of C Including suite type hotels Orangewood Hospitals N As defined in Chapter 18.92 (Definitions). Markets Large N Markets Small N Medical & Dental N Offices Except as otherwise permitted by Section 18.116.120 (Mobile Home Park (MHP) Overlay) for parcels encompassed by the MHP Overlay as identified on Exhibit 3.3.2a of the Mobile home parks N Specific Plan document (Mobile Home Park (MHP) Overlay Zone). Expansion of existing facilities to increase the number of mobile homes or mobile home spaces is prohibited.  56  Mortuaries N Nonconforming Structures and Uses Provided that the expansion brings the use Expansion of C and/or structure into greater conformity with nonconforming the intent of the Specific Plan. uses and structures P Permitted by Right Table 116-C C Conditional Use Permit PRIMARY USES AND N Prohibited STRUCTURES: C-R DISTRICT T Telecommunications Antenna Review (DEVELOPMENT AREA 1) Permit Required Classes of Uses C-R District Special Provisions Provided that the improvements are in substantial conformance with the building envelope, do not adversely impact any adjacent parcels and are in conformance with the Design Plan. Nonconforming Structure Facade improvements not P If the Planning Director determines that exceeding 5% of the adverse impacts would occur from the building floor area improvements or if the improvements are not in substantial conformance with the building envelope, the plans shall be referred to the Planning Commission as a conditional use permit. Nonconforming Structure C Facade improvements exceeding 5% of the building floor area Nonconforming Structure Office uses in a legal C nonconforming building Non-publicly operated C Including exhibition halls and auditoriums convention centers Office buildings when accessory to, and Offices C integrated as part of, an on-site permitted Development primary or when located in a legal  57  nonconforming building. Office buildings when accessory to, and integrated as part of, an on- site permitted Offices General C primary or when located in a legal nonconforming building Oil Production N Outdoor storage yards N Except as otherwise permitted in this Zone Permitted by right as an accessory use Personal Services N incidental to and integrated within a hotel or General motel Personal Services N Restricted Plant Nurseries N Public Services C Recreation Buildings and Structures, as defined by Section18.116.030, are permitted Recreation Billiards C by right as an accessory use incidental to and integrated within a hotel or motel Recreation Buildings and Structures, as Recreation defined by Section18.116.030, are permitted C Commercial Indoor by right as an accessory use incidental to and integrated within a hotel or motel Recreation Buildings and Structures, as defined by Section18.116.030, are permitted Recreation C Commercial Outdoor by right as an accessory use incidental to and integrated within a hotel or motel Recreation Buildings and Structures, as Recreation Low defined by Section18.116.030, are permitted C Impact by right as an accessory use incidental to and integrated within a hotel or motel Recreation Buildings and Structures, as Recreation defined by Section18.116.030, are permitted C Swimming & Tennis by right as an accessory use incidental to and integrated within a hotel or motel Table 116-C P Permitted by Right  58  PRIMARY USES AND C Conditional Use Permit STRUCTURES: C-R N Prohibited DISTRICT T Telecommunications Antenna Review (DEVELOPMENT AREA 1) Permit Required Classes of Uses C-R District Special Provisions Recreational Limited to use for short-term visits, not to exceed vehicle and 30 days in any calendar year, by tourists and C campsite parks visitors. Recycling Services N General Recycling Services N Processing Repair Services N General Repair Services N Limited Research & N Development Restaurants P Enclosed and with outdoor dining General Restaurants N Drive-through Restaurants with accessory Pursuant to and as defined in Chapter entertainment C 18.92 (Definitions) with cover charge Permitted by right as an accessory use incidental Retail Sales to and integrated within a hotel or motel or subject N General to the requirements for a specialty retail center Permitted by right as an accessory use incidental Retail Sales to and integrated within a hotel or motel or as part N Kiosk of a conditional use permit for a specialty retail center Retail Sales N Outdoor  59  Retail Sales Used N Merchandise Room & Board N Self Storage N Sex-oriented N As defined in Chapter 18.92 (Definitions) businesses Where all good and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall (a) Consist of a minimum of five (5) acres; (b) Have integrated management; (c) (d) Plazas and/or other pedestrian-oriented amenities forth in the Design Plan; and, Specialty retail C centers (e) Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on- premises sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off-premises consumption; sale of alcoholic beverages for on-premises consumption; entertainment facilities; and amusement arcades, subject to the provisions of Section 18.16.050 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. P Permitted by Right Table 116-C C Conditional Use Permit PRIMARY USES AND N Prohibited STRUCTURES: C-R DISTRICT T Telecommunications Antenna Review (DEVELOPMENT AREA 1) Permit Required  60  Classes of Uses C-R District Special Provisions Structures within one hundred and fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone Structures Height boundary (other than property under a exceeding 1/2 the resolution of intent to any commercial zone), distance from the or property within the Specific Plan area building or structure C encompassed by the MHP Overlay as shown to a single- family, on Exhibit 3.3.3 (Mobile Home Park (MHP) multi-family and/or Overlay) exceeding a height equal to one- MHP Overlay zone half (1/2) the distance from said building or boundary. structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. Heights shall not exceed the maximum heights defined in Section 18.40.080 (Structural Height limitation - Anaheim Commercial Recreation Area). Structures Height Limits exceeding the maximum heights defined in Section N 18.40.080 (Structure Height Limitation Anaheim Commercial Recreation Area). Interior setbacks less than two (2) times the height of any proposed building or structure when such building or structure is within one hundred and fifty (150) feet of any single- family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located Structures Interior N south of Orangewood Avenue, within one Setbacks hundred and fifty (150) feet of any multi- family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.3 (Mobile Home Park (MHP) Overlay). Studios Including accommodations for C Broadcasting filming/taping in front of live audiences. Studios Recording C Including accommodations for  61  filming/taping in front of live audiences. Permitted only in conjunction with Towing Services C Automotive Service Station. As defined in subsection 18.116.030 Transportation facility C Words, Terms and Phrases) of this chapter. Truck Repair & Sales N Table 116-C P Permitted by Right PRIMARY USES AND C Conditional Use Permit STRUCTURES: C-R N Prohibited DISTRICT T Telecommunications Antenna Review (DEVELOPMENT AREA 1) Permit Required Classes of Uses C-R District Special Provisions Uses or activities not specifically listed in this chapter which are inconsistent or incompatible N with the intended purpose of the Specific Plan are prohibited. Uses or activities not Uses or activities not specifically listed or listed prohibited in this chapter may be established by conditional use permit when determined by the C Planning Commission to be consistent and compatible with the intended purpose of the Specific Plan. Vacation Subject to compliance with the requirements of ownership C Section18.116.150 (Requirements for Vacation resorts Ownership Resorts) Veterinary N Services Warehousing & Storage N Enclosed Wholesaling N  62  SECTION 28. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance, hereby adopted, be declared for any reason to be invalid by the final judgment of any court of competent jurisdiction, it is the intent of the Council that it would have passed and adopted all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 29. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 30. PENALTY Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2015, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2015, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM  63 City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net