Loading...
PC 2015/11/16 City of Anaheim Planning Commission Agenda Monday, November 16, 2015 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Michelle Lieberman • Chairman Pro-Tempore: Mitchell Caldwell • Commissioners: Paul Bostwick, Bill Dalati, Grant Henninger, Victoria Ramirez, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, November 12, 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 and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 11/16/15 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 11/16/15 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2015-05830 VARIANCE NO. 2015-05045 (DEV2015-00111) Location: 5140 East La Palma Avenue, Suite 119 Request: To permit a martial arts studio within an existing industrial and office complex with 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 Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Ashley Hefner ahefner@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2015-05823 VARIANCE NO. 2015-05047 (DEV2015-00090) Location: 2013 East Ball Road Request: To construct a new coffee shop with a drive through lane with a front yard setback less than required by the Zoning Code (Starbucks). Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption. Request for continuance to December 14, 2015 Project Planner: Ashley Hefner ahefner@anaheim.net 11/16/15 Page 4 of 5 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2010-05486E (DEV2009-00083E) Location: 2232 South Harbor Boulevard Request: For a six-month compliance review of a conditional use permit for an existing theater, restaurant, and accessory uses and an amendment to the conditions of approval pertaining to operations. Environmental Determination: The Planning Commission will consider whether a previously-approved Mitigated Negative Declaration is appropriate to serve as the environmental impact determination for this request per the California Environmental Quality Act (CEQA) guidelines. Resolution No. ______ Project Planner: Elaine Thienprasiddhi ethien@anaheim.net ITEM NO. 5 GENERAL PLAN AMENDMENT NO. 2015-00502 RECLASSIFICATION NO. 2015-00279 TENTATIVE TRACT MAP NO. 17879 CONDITIONAL USE PERMIT NO. 2015-05796 VARIANCE NO. 2015-05011 (DEV2015-00041) Location: 4540 East Riverdale Avenue Request: The following land use entitlements are requested to permit the development of a 75-unit small-lot single family residential project: amend the General Plan land use designation from School to Low Density Residential; reclassify the subject properties from the T (SC) (Transition, Scenic Corridor Overlay) Zone to the RS-4 (SC) (Single Family Residential, Scenic Corridor Overlay) Zone; a conditional use permit to allow a small-lot single-family residential development with modified development standards; a variance to allow a deviation of sound attenuation standards pertaining to maximum exterior noise within the rear yard of any single-family residential lot located within 600 feet from a freeway; and a tentative tract map to create an 81 (75 numbered, 6 lettered) lot single-family residential subdivision. Environmental Determination: The Planning Commission will consider whether a Mitigated Negative Declaration is appropriate to serve as the environmental impact determination for this request per the California Environmental Quality Act (CEQA) guidelines. Resolution No. ______ Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net 11/16/15 Page 5 of 5 Adjourn to Monday, December 14, 2015 at 5:00 p.m. The scheduled meeting of November 30, 2015 was cancelled due to a lack of agenda items. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 3:30 p.m. November 12, 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 hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 16, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05830 AND VARIANCE NO. 2015-05045 LOCATION: 5100 East La Palma Avenue, No. 119 (Anaheim Jiu Jitsu) APPLICANT/PROPERTY OWNER: The applicant is David Weber with Anaheim Jiu Jitsu, LLC and the property owner is Anaheim Hills Enterprises. REQUEST: The applicant requests approval of a conditional use permit to permit and retain a martial arts studio within an existing industrial and office complex. The applicant also requests a variance to allow fewer parking spaces than required 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 1, Existing Facilities), and approving Conditional Use Permit No. 2015-05830 and Variance No. 2015-05045. BACKGROUND: This 6.8-acre property is developed with an industrial and office complex and is located in the Northeast Area Specific Plan, Development Area 2 - Expanded Industrial Area (SP94-1, DA2). The intent of this development area is to “provide increased opportunity for the development of a mix of light industrial and corporate headquarters, research and development uses, with essential support services at strategic locations.” The property is also located within the Scenic Corridor Overlay zone. The General Plan designates this property for Low Intensity Office uses. Surrounding land uses include industrial uses the east and west, an office complex to the north, across La Palma Avenue, and the Santa Ana River to the south. This application was filed in response to a Code Enforcement complaint received regarding this business operating without the proper permits. On July 13, 2015, the Planning Commission approved a conditional use permit and parking variance for a similar fitness use (Precision Fitness) in Unit 105. CONDITIONAL USE PERMIT NO. 2015-05830 AND VARIANCE NO. 2015-05045 November 16, 2015 Page 2 of 4 PROPOSAL: The applicant proposes to permit and retain a martial arts studio in an existing 2,350 square foot tenant space. No changes to the exterior of the building are proposed. Classes are held from noon to 7:30 p.m. Monday through Thursday; from 9:00 a.m. to noon Saturdays, and the studio is closed Fridays and Sundays. Brazilian Jiu-Jitsu and self-defense is the type of training offered at this martial arts studio and the typical class size would be either one-on-one training or small groups with no more than three people per trainer. Private one-on-one training and group classes are scheduled by appointment only. Group classes are for children and adults. The applicant anticipates classes to be a maximum number of three students per class, with one trainer per class. All activity would take place indoors. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. A conditional use permit is required to permit physical fitness facilities in this zone in order to determine compatibility with the surrounding area. Staff believes that the proposed use would be compatible with the other businesses located within this complex, such other fitness facilities, restaurants, offices, warehouses, and a church. With the conditions imposed, such as restricting operations to those outlined in the attached Letter of Request and limiting the class size to a maximum of 10 participants, the establishment of this use would not impact the operations or opportunities for expansion of other nearby office and industrial businesses, nor would the use be detrimental to the health and safety of the citizens of the City of Anaheim. Although the applicant indicates that there would be no more than three students per class, staff recommends that a maximum number of 10 students be permitted; this would allow for the business’s future growth while ensuring that there is an adequate number of parking spaces to support this business and the other uses in the center. CONDITIONAL USE PERMIT NO. 2015-05830 AND VARIANCE NO. 2015-05045 November 16, 2015 Page 3 of 4 Parking Variance: A variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist: 1) That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; 2) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 3) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The Zoning Code requires that parking demand be calculated by combining the needs of the martial arts studio and the industrial, restaurant, fitness, and office uses on the property. The entire complex requires a total of 464 parking spaces; 10 are recommended for the martial arts studio based on the proposed use and 454 spaces are required for the other uses within the complex. The property contains a total of 374 Code compliant parking spaces, including 7 handicapped spaces. There are also 124 compact-sized spaces on the property; however, these spaces are not Code compliant and cannot be counted in the parking supply. The table below provides a summary of the parking requirement by land use, and the attached tenant list provides a detailed breakdown of units, uses, and square footage for all tenant spaces within the complex. Use Class Total Sq. Ft. by Use Class Parking Spaces Required (per 1,000 sq. ft.) Total Spaces Required by Use Class Proposed Fitness 2,350 Proposed CUP 10.0 Office/Warehouse 47,600 1.55 71.4 Automotive-Lease 1,700 4 6.8 Office/Admin 65,200 4 260.8 Fitness 8,900 5.5 49.0 Medical Office 3,200 6 19.2 Restaurant 1,800 8 14.4 Industrial 3,900 1.55 5.9 Church 4,600 Approved by CUP 26.0 TOTAL 139,250 463.5 CONDITIONAL USE PERMIT NO. 2015-05830 AND VARIANCE NO. 2015-05045 November 16, 2015 Page 4 of 4 Staff made two site visits to the property following the submittal of this application and observed that there is adequate parking available on the property to accommodate the proposed and existing uses. More specifically, staff conducted a parking survey on November 12, 2015 and observed that a maximum of 143 spaces were occupied on the site at 12:00 p.m. In addition, staff conducted parking surveys in July, 2015 associated with the Precision Fitness conditional use permit and observed that a maximum of 216 spaces were occupied on the site during the peak hours in the afternoon. Because the martial arts studio has only two employees, a trainer, and a front desk person, who would typically not be on site at the same time, a maximum of 10 customers at one time, and classes for children who may be dropped off by parents, staff believes that the number of parking spaces on-site would be adequate to accommodate the proposed business and without impact to the surrounding public streets or properties. CONCLUSION: Staff believes that the conditions exist for Planning Commission to make the required findings to approve this request. The proposed martial arts business is compatible with the industrial, office and commercial uses in the surrounding area. The number of parking spaces provided is adequate to accommodate the martial arts studio based upon staff’s observations of the site during the peak weekday hours. Staff recommends approval of this request. Prepared by, Submitted by, Ashley Hefner Jonathan E. Borrego Senior Planner, RRM Design Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Applicant’s Request Letter 3. Applicant’s Parking Justification Letter 4. Tenant List 5. Site and Floor Plans 6. Site Photographs SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2NBTYMANUFACTURING SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2INDUSTRIAL T (SC)SANTA ANA RIVER T (SC)SANTA ANA RIVER T (SC)SANTA ANA RIVER SP 94-1 (SC)DA2INDUSTRIAL E LA PALMA AVE N K E L L O G G D R E. LA PALMA AVE N . I M P E R I A L H W Y N . L A K E V I E W AV EE.SANTA ANA CANYON RD E. ORANGETHORPE AVE E .R I V E R DA L E A V E S . R I C H F I E L D R D 5100 East La Palma Avenue DEV No. 2015-00111 Subject Property APN: 346-442-02 °0 50 100 Feet Aerial Photo:May 2014 E LA PALMA AVE N K E L L O G G D R E. LA PALMA AVE N . I M P E R I A L H W Y N . L A K E V I E W AV EE.SANTA ANA CANYON RD E. ORANGETHORPE AVE E .R I V E R DA L E A V E S . R I C H F I E L D R D 5100 East La Palma Avenue DEV No. 2015-00111 Subject Property APN: 346-442-02 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05830 AND VARIANCE NO. 2015-05045 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00111) (5100 EAST LA PALMA AVENUE, SUITE NO. 119) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015- 05830 to permit a martial arts studio within an existing office and industrial complex, and (ii) Variance No. 2015-05045 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code") (collectively referred to herein as the "Proposed Project") for premises located at 5100 East La Palma Avenue, Suite 119 in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 6.8 acres in size and is currently developed with an industrial and office complex. The Property is located in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of the Code, combined with the zoning and development standards of the underlying base zone for the Property, which is the "I" Industrial Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "I" Industrial Zone. The Anaheim General Plan designates the Property for Office-Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 16, 2015 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2015-05830 and Variance No. 2015-05045, 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 effects of the Proposed Project are typical of those generated 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 - 2 - 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. 2015-05830, does find and determine the following: 1. The proposed request to permit a martial arts studio within an existing industrial and office complex is properly one for which a conditional use permit is authorized under the classes of allowable primary uses set forth in Table 10-A (Primary Uses: Industrial Zone) as "Dance & Fitness Studios-Small", as referenced in paragraph .0402 of subsection .040 of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code. 2. The proposed conditional use permit to permit a martial arts studio, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the martial arts studio would be located within an existing building surrounded by compatible buildings and uses. 3. The size and shape of the site for the use is adequate to allow the full development of the martial arts studio in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing industrial and office building that is surrounded by industrial and office uses. 4. The traffic generated by the martial arts studio will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding office and industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the number of off-street parking spaces required under the Code for the proposed martial arts studio, when added to the total number of such parking spaces required by the Code and the total number of such spaces that exist at the Property, represents a small or de minimis increase. Nevertheless, because the number of parking spaces required by the Code for all uses, including the Proposed Project, is less than the actual number of parking spaces that exist, a variance must be approved for the Property; and WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (464 spaces required; 374 spaces proposed) - 3 - PC2015-*** 1. The variance for the Property, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the Property, including the proposed martial arts studio, than the number of such spaces necessary to accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses. With respect to the other industrial and office complex uses, the observations made by staff indicate that the number of parking spaces needed and used are less than the number of spaces that exist, and the parking demand will not exceed the the minimum number of spaces required by the Code; 2. That the variance for the Property, 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 all combined uses on the site; 3. That the variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking for the industrial and office complex, including the proposed martial arts studio, will adequately accommodate peak parking demands of all uses on the site; 4. That the variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Property because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation; and 5. That the variance for the Property, 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 Property because the Property has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property. 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. - 4 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05830 and Variance No. 2015-05045, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Variance No. 2015-05045 and Conditional Use Permit No. 2015-05830 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 16, 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 - 5 - 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 November 16, 2015 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of November, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** - 7 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05830 AND VARIANCE NO. 2015-05045 (DEV2015-00111) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied. Planning and Building Department, Code Enforcement Division 2. Fitness activities or storage of physical fitness equipment shall not be permitted outside of the building. Planning and Building Department, Planning Services Division 3. The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 4. Martial arts classes shall have a maximum of ten participants at any time. Planning and Building Department, Planning Services Division GENERAL CONDITIONS OF APPROVAL 5. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 7. The premises of the marial arts studio shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division ATTACHMENT NO. 2 ATTACHMENT NO. 3 ANAHEIM HILLS BUSINESS CENTER Tenant List Address Suite #Current Tenant Use Provided by Property Owner Staff Determined Use Class Unit Sq. Ft. Parking Space Req. (spaces/sq. ft.) Total Spaces Required by Use Class/ Approval 5120 102 Avis Rent A Car Retail Automotive-Lease 1700 4/1000 6.8 5100 119 GRACIE BARRA Fitness Fitness 2350 Proposed CUP 10.0 5140 105 Precision Fitness Fitness Fitness 1100 5.5/1000 6.1 5100 117 Pilates Body Pilates Studio Fitness 2300 5.5/1000 12.7 5100 108 Rock City Retail Fitness 1600 5.5/1000 8.8 5100 109 Rock City Retail Fitness 1600 5.5/1000 8.8 5100 110 Rock City Retail Fitness 2300 5.5/1000 12.7 5100 106 Hydracon Office/Admin Industrial 1600 1.5/1000 2.4 5120 208 PWB America Office/Admin Industrial 1250 1.5/1000 1.9 5130 101 Sunrise Sewing Serv Office/Admin Industrial 1050 1.5/1000 1.6 5100 104 Hands on Wellness Chiropractic Medical Office 1600 6/1000 9.6 5100 105 Hands on Wellness Chiropractic Medical Office 1600 6/1000 9.6 5100 101 Theresa Smith Office/Admin Office/Admin 1750 4/1000 7.0 5100 107 Vickie Daley Office/Admin Office/Admin 1600 4/1000 6.4 5100 114 Cypress Distr Office/Admin Office/Admin 2300 4/1000 9.2 5100 115 JUSA Office/Admin Office/Admin 2300 4/1000 9.2 5100 116 John Metzen Office/Admin Office/Admin 2300 4/1000 9.2 5100 118 John Metzen Office/Admin Office/Admin 2300 4/1000 9.2 5100 201 Reliable Hospice Office/Admin Office/Admin 1750 4/1000 7.0 5100 202 Major League (roofers)Office/Admin Office/Admin 1750 4/1000 7.0 5100 204 Hands on Wellness Office/Admin Office/Admin 700 4/1000 2.8 5100 205 Hoss Williams (Structural Engineers)Office/Admin Office/Admin 700 4/1000 2.8 5100 206 Farmers Insurance Office/Admin Office/Admin 700 4/1000 2.8 5100 207 Tony Canzone (Farmers Insurance)Office/Admin Office/Admin 700 4/1000 2.8 5100 208 Luz Delgadillo Office/Admin Office/Admin 700 4/1000 2.8 5100 213 CMS Hospice Office/Admin Office/Admin 700 4/1000 2.8 5120 105 Valmax Realty Office/Admin Office/Admin 1700 4/1000 6.8 5120 201 Premier Sales Office/Admin Office/Admin 1100 4/1000 4.4 5120 203 Valmax Realty Office/Admin Office/Admin 800 4/1000 3.2 5120 205 Mark Shipman Office/Admin Office/Admin 1000 4/1000 4.0 5120 206 Michelle Ghidotti (Law office)Office/Admin Office/Admin 1000 4/1000 4.0 5120 207 Chad Maddox (Law office)Office/Admin Office/Admin 1100 4/1000 4.4 5120 209 Diane Weifenbach (Law office)\Office/Admin Office/Admin 850 4/1000 3.4 5130 109 Continental Interiors Office/Admin Office/Admin 1100 4/1000 4.4 5130 110 Dynamic Engineer.Office/Admin Office/Admin 1100 4/1000 4.4 5130 113 With HOPE Office/Admin Office/Admin 1050 4/1000 4.2 5130 201 Michelle Ghidotti (Law office)Office/Admin Office/Admin 1100 4/1000 4.4 5130 202 Zack Westphal Office/Admin Office/Admin 1050 4/1000 4.2 5130 203 Brian Lubeley Office/Admin Office/Admin 1000 4/1000 4.0 5130 204 IOSM Office/Admin Office/Admin 1500 4/1000 6.0 5130 205 Christian Jordan Office/Admin Office/Admin 1100 4/1000 4.4 5130 206 WS Potter Office/Admin Office/Admin 1100 4/1000 4.4 5130 208 Doug Ecks Office/Admin Office/Admin 1100 4/1000 4.4 5130 209 AES Global Office/Admin Office/Admin 1100 4/1000 4.4 5130 212 South Coast Counsel Office/Admin Office/Admin 1050 4/1000 4.2 5130 213 RL Caraig Inc Office/Admin Office/Admin 1100 4/1000 4.4 5140 103 Mike Barnes (Reinbold Gallery)Office/Admin Office/Admin 1200 4/1000 4.8 5140 203 Chad McLain (Exodus Escape Room)Office/Admin Office/Admin 1800 4/1000 7.2 5140 207 David Johnson Office/Admin Office/Admin 1900 4/1000 7.6 5150 106 Mark Rhone (Stonebrook Services Insurance Agency)Office/Admin Office/Admin 1000 4/1000 4.0 *Bolded items represent units where staff has determined a different Use Class than that provided by the property owner. ATTACHMENT NO. 4 ANAHEIM HILLS BUSINESS CENTER Tenant List Address Suite # Current Tenant Use Provided by Property Owner Staff Determined Use Class Unit Sq. Ft. Parking Space Req. (spaces/sq. ft.) Total Spaces Required by Use Class/ Approval 5150 108 William Roman Office/Admin Office/Admin 1000 4/1000 4.0 5150 110 Videotech Office/Admin Office/Admin 1000 4/1000 4.0 5150 112 J & B Invest Office/Admin Office/Admin 950 4/1000 3.8 5150 113 Margaret Yaros Office/Admin Office/Admin 950 4/1000 3.8 5150 114 Laura Milham (Bartending Training)Office/Admin Office/Admin 1000 4/1000 4.0 5150 201 Steel Distributors (SDI)Office/Admin Office/Admin 1050 4/1000 4.2 5150 202 Reliable Hospice Office/Admin Office/Admin 950 4/1000 3.8 5150 203 Yoon Tee Hai Office/Admin Office/Admin 1000 4/1000 4.0 5150 205 Emeral Tech Office/Admin Office/Admin 1000 4/1000 4.0 5150 208 Net 1 Funding Office/Admin Office/Admin 1000 4/1000 4.0 5150 214 Pool Route Pros Office/Admin Office/Admin 1050 4/1000 4.2 5140 201 Sierra Cybernetics Office/Admin Office/Admin 1500 4/1000 6.0 5120 103 Linda Ayala Retail Office/Admin 1900 4/1000 7.6 5120 106 Copytron Printing Retail Office/Admin 1600 4/1000 6.4 5130 105 Dial-a-Copy Retail Office/Admin 1100 4/1000 4.4 5100 113 SMC Enterprises Office/Warehouse Office/Warehouse 1600 1.55/1000 2.4 5130 103 Adam Chaves Office/Warehouse Office/Warehouse 900 1.55/1000 1.4 5130 104 Kyle Hanenberg Office/Warehouse Office/Warehouse 1500 1.55/1000 2.3 5130 107 Nichee Office/Warehouse Office/Warehouse 1100 1.55/1000 1.7 5130 108 Dennis Anderson Office/Warehouse Office/Warehouse 1100 1.55/1000 1.7 5130 111 California Pellet Office/Warehouse Office/Warehouse 1100 1.55/1000 1.7 5130 112 Magellan Solution Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5140 102 Fernando Naidich Office/Warehouse Office/Warehouse 1100 1.55/1000 1.7 5140 106 David Johnson Office/Warehouse Office/Warehouse 2000 1.55/1000 3.0 5140 107 David Johnson (Interior Affairs)Office/Warehouse Office/Warehouse 1800 1.55/1000 2.7 5150 101 Savvy Interior Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5150 102 Tom Coudayre Office/Warehouse Office/Warehouse 950 1.55/1000 1.4 5150 104 VIAA Office/Warehouse Office/Warehouse 850 1.55/1000 1.3 5150 107 Beta Diamond Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5150 111 Yoonmo Kang Office/Warehouse Office/Warehouse 950 1.55/1000 1.4 5150 211 Yoonmo Kang Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5150 109 Wing Lam Ofiice/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5100 209 Vacant Office/Warehouse Office/Warehouse 700 1.55/1000 1.1 5100 219 Vacant Office/Warehouse Office/Warehouse 2350 1.55/1000 3.5 5120 104 Vacant Office/Warehouse Office/Warehouse 1900 1.55/1000 2.9 5120 202 Vacant Office/Warehouse Office/Warehouse 2000 1.55/1000 3.0 5120 204 Vacant Office/Warehouse Office/Warehouse 1600 1.55/1000 2.4 5130 102 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5130 106 Vacant Office/Warehouse Office/Warehouse 1100 1.55/1000 1.7 5130 207 Vacant Office/Warehouse Office/Warehouse 1100 1.55/1000 1.7 5130 210 Vacant Office/Warehouse Office/Warehouse 1100 1.55/1000 1.7 5130 211 Vacant Office/Warehouse Office/Warehouse 1100 1.55/1000 1.7 5140 101 Vacant Office/Warehouse Office/Warehouse 1500 1.55/1000 2.3 5140 104 Vacant Office/Warehouse Office/Warehouse 1350 1.55/1000 2.0 5140 202 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5140 206 Vacant Office/Warehouse Office/Warehouse 1900 1.55/1000 2.9 5150 105 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5150 204 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5150 206 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5150 207 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5150 209 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 *Bolded items represent units where staff has determined a different Use Class than that provided by the property owner. ANAHEIM HILLS BUSINESS CENTER Tenant List Address Suite # Current Tenant Use Provided by Property Owner Staff Determined Use Class Unit Sq. Ft. Parking Space Req. (spaces/sq. ft.) Total Spaces Required by Use Class/ Approval 5150 210 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5150 212 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 1.5 5150 213 Vacant Office/Warehouse Office/Warehouse 950 1.55/1000 1.4 5100 111 South Coast Worship Office/Admin Religious Assembly 2300 CUP 0.0 5100 112 South Coast Worship Office/Admin Religious Assembly 2300 CUP 26.0 5120 101 Sushi & Teriyaki Restaurant Restaurant 1800 8/1000 14.4 TOTAL 139,250 463.4 *Bolded items represent units where staff has determined a different Use Class than that provided by the property owner. ATTACHMENT NO. 5 Front  Entrance Front  Desk ATTACHMENT NO. 6 Changing  Area Training  Area 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 16, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05823 AND VARIANCE NO. 2015-05047 LOCATION: 2013 East Ball Road (Starbucks) APPLICANT/PROPERTY OWNER: The applicant is Starbucks Coffee Company; the agent representing the applicant is Kayman Wong with Evergreen Devco, Inc.; and the property owner is Anaheim B & S Partners, LLC. REQUEST: The applicant requests approval of a conditional use permit to construct a new coffee shop with a drive though lane with a front yard setback less than required by the Zoning Code. DISCUSSION: The applicant has submitted a request to continue this hearing to the December 14, 2015 Planning Commission meeting to allow additional time to address circulation issues related to vehicle queuing for the drive through lane. RECOMMENDATION: Staff recommends that this hearing be continued to the December 14, 2015 Planning Commission meeting as requested by the applicant. Prepared by, Submitted by, Ashley Hefner Jonathan E. Borrego Contract Planner Planning Services Manager RRM Design Group Attachments: 1. Applicant’s Request for Continuance