Loading...
PC 2016/09/07 City of Anaheim Planning Commission Agenda Wednesday, September 7, 2016 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California  Chairman: Mitchell Caldwell  Chairman Pro-Tempore: Paul Bostwick  Commissioners: Jess Carbajal, Bill Dalati, Grant Henninger, Michelle Lieberman, John Seymour  Call To Order - 5:00 p.m.  Pledge Of Allegiance  Items of Public Interest Oath or Affirmation of Allegiance: Swearing in of Planning Commissioner Jess Carbajal  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, September 1, 2016, 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 09-07-2016 Page 2 of 4 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. Items of Public Interest Oath or Affirmation of Allegiance: Planning Commissioner – Jess Carbajal 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 provide public comments on agenda items with the exception of public hearing items. 09-07-2016 Page 3 of 4 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2016-05879 VARIANCE NO. 2016-05073 (DEV2016-00058) Location: 1330 West Pearl Street Request: The applicant requests to establish a group care facility within an existing apartment complex and a variance to permit less 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. The item was continued from the August 8, 2016 Planning Commission meeting. Resolution No. ______ Project Planner: Lindsay Ortega lortega@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2090E VARIANCE NO. 2016-05075 (DEV2016-00071) Location: 1160 North Kraemer Boulevard Request: The applicant requests the following: (i) to amend a previously-approved Conditional Use Permit to permit a restaurant with outdoor dining, on-site sale and consumption of alcoholic beverages, and live entertainment within an existing commercial building; and, (ii) a variance to permit 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: Lindsay Ortega lortega@anaheim.net Adjourn to Monday, September 19, 2016 at 5:00 p.m. 09-07-2016 Page 4 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:00 p.m. September 1, 2016 (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: SEPTEMBER 7, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 LOCATION: 1330 West Pearl Street APPLICANT/PROPERTY OWNER: The applicant is Paul Chiavatti on behalf of the Anaheim Lighthouse. The property owners are Avedis Jalakian and Shabnam Jalakian. REQUEST: The applicant requests approval of a conditional use permit to establish a group care facility for up to 20 persons and a variance to permit fewer 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 from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2016-05879 and Variance No. 2016-05073. BACKGROUND: The 0.2-acre property is developed with a 2-story, 4-unit apartment building and is located in the “RM-4” Multiple Family Residential zone. The General Plan designates this property for Medium Density Residential land uses. The property is surrounded by apartment complexes on all four sides. There are four existing group care facilities located adjacent to the project site. These facilities are located at 1300, 1310, 1320, and 1340 West Pearl Street. This item was heard by the Planning Commission on August 8, 2016. At the hearing, neighbors in the area expressed concerns regarding parking deficiencies in the neighborhood, delivery truck activity and trash containers left on the street on non- trash pick-up days. In response, the Commission continued the item for four weeks to allow the applicant time to address those concerns. The project applicant currently operates the property as a sober living residential facility, which is permitted by-right in the RM-4 Zone. The existing facility is considered a by-right residential use because no counseling or treatment services are being provided to the residents. In addition to operating the existing sober living facility, Anaheim Lighthouse operates seven other residential facilities located in the neighborhood; however, not all require a conditional use permit to operate. CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 September 7, 2016 Page 2 of 9 PROPOSAL: The applicant requests approval of a conditional use permit to establish a group care facility for up to 20 persons to be used as an “alcoholism or drug abuse recovery or treatment facility.” Three of the four apartment units have two bedrooms and one unit has three bedrooms. The facility would provide 24 hour non-medical care with 2 to 4 staff members on site at all times. The facility would also provide on-site group and individual counseling and each client would be assigned a credentialed therapist and a certified treatment counselor. Clients would receive a treatment plan prepared by their counselor upon admission into the program which they would be required to follow. The treatment component could range between 7 to 90 days, and includes courses such as relapse prevention and socialization skills. Counseling services would be provided only to tenants residing at the subject facility. Upon completion of the program, the clients would be transitioned into a sober living care residence. Clients are referred to the program by private insurance companies or certified/licensed treatment professionals. The Department of Health Care Services (DHCS) has sole authority to license facilities providing 24-hour residential nonmedical services to eligible adults who are recovering from problems related to alcohol or other drug misuse or abuse. Licensure is required when at least one of the following services is provided: detoxification, group sessions, individual sessions, educational sessions, or alcoholism or drug abuse recovery or treatment planning. Licensed facilities are reviewed every two years and subject to one announced site visit per year. Supervision of the property would be provided 24 hours a day by a manager and assistant manager. There are a total of 58 surveillance cameras on all five buildings owned by the operator on this street, and these cameras are monitored off-site. The facility would also provide full time cooking, maintenance, and housekeeping staff. Additionally, counselors and therapists would visit the site daily to provide on-site group and individual counseling/therapy as a component of a client’s treatment plan. As mentioned above, Anaheim Lighthouse operates four other similar group homes at 1300-1340 West Pearl Street, as well as two facilities with fewer than 6 people in each, and one sober living facility, resulting in a total of 8 facilities in the neighborhood. The compatibility of the existing group homes on the surrounding neighborhood is described later in this report. There are eight on-site parking spaces proposed at the facility: a one-car and two-car garage accessed off of Pearl Street, a three-car garage toward the center of the property, and two uncovered spaces at the rear of the property. Residents would not be permitted to keep vehicles on site. The on-site parking spaces would be used by management staff and counselors. Maintenance, cooking, and cleaning staff would utilize the on-site parking; however, the full time staff currently maintaining the operator’s other facilities would also maintain this location and therefore would not generate additional demand for parking. Family members may visit residents on Saturday’s after an initial seven day detoxification period. Residents are not permitted to leave the site without being accompanied by staff or completing a request form which can be denied if the counselor believes it could be detrimental to the resident’s treatment. 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; CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 September 7, 2016 Page 3 of 9 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 for a group care facility in the RM-4 zone. The purpose of the conditional use permit is to ensure that the facility would be compatible with surrounding uses and not negatively impact the adjacent community. The Anaheim Lighthouse operates the four other group care facilities located on this street. During the Planning Commission hearings for these other facilities, concerns were raised by neighbors regarding insufficient parking in the neighborhood, tenants congregating outside, and the proximity of the facilities to children. In one case, a condition was added to require enhancements to the south portion of the property to provide a location for the tenants to congregate onsite. A similar condition would not be necessary for this application as the property contains a patio area within the property that is not adjacent to the street. The Anaheim Police Department has provided a police report with a summary of the calls for service over the last 24 months (two years) at the 1300, 1310, 1320, 1330, and 1340 West Pearl Street properties (Attachment No. 7). There have been a total of 83 calls for service at these five locations over the two year period, with 58 calls coming from the 1320 West Pearl Street property. The applicant has explained that the main manager’s office is located at the 1320 West Pearl Street address, which is the reason why the majority of calls are attributed to that location. The calls varied from suicide attempts, battery and assault, trespassing, tenant disturbance, 911 hang up, medical aid, and check the welfare. After further discussion with Police Department staff, it was determined that most of the calls originated from the facilities, rather than a call from a neighbor or person not associated with the facilities. Twenty-seven of the calls were categorized as “advised incident” or “assist other department.” Police Department staff has explained that such calls meant that the visit was initiated by the officer or that the officer was assisting another agency, such as a probation office. With this information, staff calculated that all five facilities together (4 group care, 1 sober living) average 28 calls for service and 13 “advised incidents” or “assist other department” calls per year. Police Department staff will be present at the Planning Commission meeting to answer specific questions regarding these crime statistics. In the past five years, the five group care facilities on Pearl Street have been cited six times by Code Enforcement. The citations include re-roofing without a building permit, using garages for non-compliant uses (storage and common area functions), failure to obtain a business license, bulk items left in the front yard and trash containers left outside. These violations have all been resolved and the cases have been closed by Code Enforcement. The police calls for service have originated from the facility operator, rather than from surrounding neighbors, which suggests that the existing and proposed facility has not posed an undue burden on the area. In addition, all code enforcement violations have been resolved. CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 September 7, 2016 Page 4 of 9 Therefore, staff believes the proposed facility can be compatible with the surrounding land uses and not negatively impact the neighborhood. Conditions of approval to ensure that the business is operated in a responsible manner have been attached to the draft resolution, such conditions include: no more than eight vehicles may be associated with the property at one time, all recovery and counseling services shall be for current residents only, an on-site manager must be present at all times, and visitors are only permitted on Saturdays. Parking Variance: Before the Planning Commission may approve a parking variance, it must make a finding of fact 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 applicant requests approval to provide fewer parking spaces than required by the Zoning Code. Code requires group care facilities to provide 0.8 spaces per bed. The applicant is requesting to permit a facility with up to 20 beds, which would require 16 spaces, and eight spaces are proposed. The applicant has submitted a letter of operation stating that residents would not be permitted to possess a vehicle on site. As a result, no parking spaces would be needed for the residents. The provided parking spaces would be used by the on-site managers, visitation by counselors, and other staff associated with the treatment program. Parking variances were granted for the adjacent group care facilities as follows: Approval Address Parking Required Parking Provided CUP2003-04789 1300 W. Pearl St. 19* (based on current Code requirements) 8 CUP2004-04837 1310 W. Pearl St. 19* (based on current Code requirements) 11 CUP2007-05210 1320 W. Pearl St. 19 8 CUP2008-05294 1340 W. Pearl St. 19 9 * No parking requirement existed for group care facilities at the time they were approved and the number of spaces provided was determined to be adequate. CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 September 7, 2016 Page 5 of 9 Updated Parking Analysis: Based on public testimony at the last hearing and staff’s observation, on-street parking in the neighborhood does appear to be heavily used. Staff received four letters from neighborhood residents opposing the parking variance due to concerns regarding insufficient parking (Attachment No. 8). Additionally, two residents from the neighborhood spoke at the last hearing, stating concerns regarding Anaheim Light House staff utilizing street parking, deliveries occurring on street sweeping days, delivery trucks preventing the streets from being cleaned, and garbage dumpsters being left out after trash has been collected. Based on the concerns expressed at the August 8, 2016 hearing, staff requested that the applicant provide additional information regarding how they planned to address parking concerns in the neighborhood, as well as staffing and operations for all of the facilities operating in the neighborhood. The applicant disclosed that currently there are eight facilities in the neighborhood, as follows: No. of Facilities Type CUP Required Address Four Drug and Alcohol Rehabilitation Facilities (7 or more residents) Yes (all four have CUP’s) 1300, 1310,1320, 1340 W. Pearl St. One Sober Living Residence (4- plex) No 220 N. Pearl St. One Drug and Alcohol Rehabilitation Facilities (6 or less residents) No 1243 W. Pearl St. One Currently vacant, plans to operate as 6 or less Drug/alcohol rehabilitation facility. No 1253 W. Pearl St One Subject Property/Currently Operating as Sober Living No permit required while sober living. Requires permit to operate as Drug/Alcohol Rehabilitation group care residence. 1330 W. Pearl St CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 September 7, 2016 Page 6 of 9 In response to concerns expressed, the applicant is proposing to implement a parking management plan to ensure that employees only utilize onsite parking and refrain from using on street parking spaces. As part of this management plan, the applicant proposes to register all staff vehicles, requiring each vehicle to display a parking sticker, and any employee found parking on the street would be subject to disciplinary action. Additionally, the applicant has begun a financial incentive program to encourage all employees to carpool to work. Currently, the building is operating as a sober living facility in which residents are permitted to keep vehicles on-site with limited ability by the City to regulate parking. If the proposed treatment facility receives approval, future residents would not be permitted to possess a vehicle and parking would only be utilized for management and counselors, thereby reducing parking impacts in the neighborhood. Staff visited the site twice during the day (mid-morning and mid- afternoon) and observed that all five properties were well-maintained, there were no residents congregating outside, and street parking appeared to be available. Staff conducted an evening site visit in which parking was observed to be scarce; however, staff was unable to determine whether the street parking was being utilized by the Anaheim Light House facilities or the surrounding multi-family residences. Staff has determined that there are currently 44 code compliant spaces available across the properties located at 1300-1340 W. Pearl St. The Anaheim Light House provided information regarding the estimated number of vehicles on site per hour based on hourly staffing levels, accounting for those that carpool or use other means of transportation. Based on the information provided, the data indicates that peak vehicle levels occurred seven days a week CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 September 7, 2016 Page 7 of 9 between 10:00 a.m. and 4:00 p.m. The highest number of vehicles generated by the five group care facilities is estimated to be 46 to 49 and would occur at 3:00 pm daily. This would result in an estimated deficit of 2 to 5 parking spaces for one hour during the day. The applicant explained that a shift change occurs at this time, where there is some employee overlap. Staff believes that the facilities would have sufficient space on-site to accommodate the deficit by utilizing non-code compliant parking spaces on-site (stacked in the driveways) for the 1 hour overlap and would therefore not need to utilize any off-site parking. At 5:00 p.m., on-site vehicle are reduced nearly in half and decreased continuously to 11 to 24 vehicles between 6:00 p.m. and 11:00 p.m. (averaging about 2 to 5 vehicles per facility), which would result in a surplus of 20 to 33 on-site parking spaces. Based on this information, staff believes that there is sufficient onsite parking to accommodate the facility needs, as staff believes that each facility has sufficient space on site to accommodate the peak parking demand without impacting the surrounding neighborhood. Response to Other Community Concerns: Another concern that was voiced at the hearing was the presence of delivery trucks on street sweeping days. The applicant has coordinated with the weekly food delivery truck and has arranged for the truck to park on-site when possible or curbside. In addition, deliveries will only occur on non-street sweeping days, which occur on Thursday. Lastly, staff conducted a site visit during the mid-afternoon on Tuesday, August 9, 2016, observing garbage dumpsters along the northwest side of North Pearl Street that appeared to belong to the Wilshire Westmont Condominiums, which have designated track pick-up days on Tuesday and Friday, based on information provided by the City’s Streets and Sanitation Division. Figure 1: Garbage Dumpsters along North Pearl Street (Tuesday) CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 September 7, 2016 Page 8 of 9 The Anaheim Light House facilities are located along the east and south sides of Pearl Street. During the recent field visit on Tuesday, staff observed one garbage dumpster along North Pearl Street and three garbage dumpsters located on the south side of West Pearl Street, which appeared to belong to the Anaheim Light House facilities. However, based on information provided by the Sanitation Department, trash pick-up is to occur on Monday, Wednesday, Friday, and Saturday for the four group care facilities, which would confirm resident concerns. Figure 2: Garbage Dumpsters along West Pearl St (Tuesday) After bringing this to the attention of the applicant, he expressed that he had already communicated to the facility operator that the trash dumpsters must be stored in their designated locations by 5:00 p.m. on trash pick-up days. Staff conducted another site visit on Friday, August 26, 2016 at 5:20 p.m. and found the trash dumpsters to be stored in their designated locations. A condition of approval has been included in the draft resolution requiring that all trash containers be stored in their designated areas on trash pick-up days by 5:00 p.m. As a result, based on the information provided by the applicant, staff observations, and the programs proposed by the applicant, staff believes that the group care facility can operate without creating an undue burden on the surrounding neighborhood. Staff has included the following conditions of approval in the draft resolution to ensure the group care facility operates in a manner that is not detrimental to the surrounding area: • The permit shall be subject to a minimum of two compliance reviews which are to occur 6 months and one year from the date of this approval. The reviews will be scheduled as a “Reports and Recommendations” item on the agenda item and residents will be notified of these reviews in advance of their consideration. The costs of scheduling these reviews will be borne by the facility operator. Additional reviews could be scheduled if the applicant fails to comply with established conditions. CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 September 7, 2016 Page 9 of 9 • Employees shall display parking stickers and shall park on-site at all times. • All trash containers shall be removed from the street and stored at a designated on- site location the same day trash pick-up has occurred and shall only be moved to the street the morning of trash pick-up. • Delivery trucks must park on-site or curbside and not within travel lanes or the center of the street. Deliveries shall not occur on Thursdays or any day when parking is restricted due to street sweeping. Environmental Impact Analysis: Staff recommends the Planning Commission find 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. CONCLUSION: The proposed project would provide a supervised environment for drug and alcohol rehabilitation. Staff believes that the applicant has made efforts to address the resident concerns highlighted at the previous hearing by providing information regarding the operations of all facilities in the neighborhood, implementing an off-site parking monitoring system, offering incentives for carpooling to reduce vehicles traveling to the facilities, as well as scheduling regular deliveries to occur on non-street sweeping days. Conditions of approval pertaining to the resident concerns have been included to ensure the facility continues to operate without detriment to the surrounding area. Based upon staff’s research of the existing use of the property, the operational history of the adjacent group care facilities, and the applicant’s proposal and letter of operation, staff recommends approval of this request. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Letter of Operation 3. Plans 4. Site Photographs (interior) 5. Site Photographs (exterior) 6. Police Report 7. Neighbor’s Correspondence 8. Letter of Support RM-4FOURPLEX RM-4APTS14 DU RM-4APTS8DU RM-3DUPLEX RM-3S.F.R. RM-4S.F.R. RM-4APTS13 DU RM-4APTS10 DU C-GRESTAURANT RM-3S.F.R. C-GOFFICES RM-3S.F.R. RM-4DUPLEX RM-4PARK WILSHIRE APTS77 DU RM-4CONDOS163 DU RM-3DUPLEX RM-4APTS10 DU RM-3S.F.R. C-GVACANT RM-3DUPLEX RM-3TRIPLEX RS-3SINGLE FAMILY RESIDENCE RM-3TRIPLEX RM-4APARTMENTS RM-4FOURPLEX RM-4FOURPLEX RM-3DUPLEX RM-3DUPLEX RM-3DUPLEX RM-3DUPLEX RM-3S.F.R. RS-1SINGLE FAMILY RESIDENCERS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE 5 FREEWAY 5 FREEWAY W L I N C O L N A V E W PEARL ST N W I L S H I R E A V E W DW YE R D R N P E A R L S T N C A R L E T O N A V E W B E V E R L Y D R W BIRCHMONT DR N D W Y E R P L N D W Y E R D R N W E D G E W O O D D R W. LINCOLN AVE W. LA PALMA AVE W. BROADWAY N . E U C L I D S T S . E U C L I D S T N . H A R B O R B L V D N . A N A H E I M B L V D S .W A L N U T S T N . L O A R A S T S . H A R B O R B L V D S . A N A H E I M B L V D 1330 West Pearl Street DEV No. 2016-00058 Subject Property APN: 255-022-42 °0 50 100 Feet Aerial Photo:June 2015 5 FREEWAY 5 FREEWAY W L I N C O L N A V E W PEARL ST N W I L S H I R E A V E W DW YE R D R N P E A R L S T N C A R L E T O N A V E W DIAMOND ST W B E V E R L Y D R W BIRCHMONT DR N D W Y E R P L N D W Y E R D R N W E D G E W O O D D R W. LINCOLN AVE W. LA PALMA AVE W. BROADWAY N . E U C L I D S T S . E U C L I D S T N . H A R B O R B L V D N . A N A H E I M B L V D S .W A L N U T S T N . L O A R A S T S . H A R B O R B L V D S . A N A H E I M B L V D 1330 West Pearl Street DEV No. 2016-00058 Subject Property APN: 255-022-42 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00058) (1330 WEST PEARL STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016- 05879 and Variance No. 2016-05073 to establish a group care facility for up to 20 residents to be used as an "alcoholism or drug abuse recovery or treatment facility", as defined in Section 11834.02 of the California Health and Safety Code, within an existing four-unit apartment building with less parking than required by the Zoning Code (the "Proposed Project") on that real property located at 1330 West Pearl Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.2-acres in size and is currently developed with a two-story, four-unit apartment complex. The Anaheim General Plan designates the Property for “R-M” Medium Density Residential land uses. The Property is located in the “RM-4" Multiple Family Residential Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.06 (Multiple-Family Residential Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 8, 2016 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. 2016-05879 and Variance No. 2016-05073, and to investigate and make findings and recommendations in connection therewith, and the public hearing was continued by the Planning Commission to the September 7, 2016 meeting at 5:00 p.m; and WHEREAS, the Planning Commission did hold a second public hearing at the Civic Center in the City of Anaheim on September 7, 2016 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 Conditional Use Permit No. 2016-05879 and Variance No. 2016-05073, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2016-*** WHEREAS, 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 operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the Proposed Project and, specifically, with respect to the request for Conditional Use Permit No. 2016-05879, does find and determine the following: 1. The proposed use to establish a residential group care facility for up to 20 residents is an allowable primary use within the "RM-4" Multiple Family Residential Zone, subject to a conditional use permit, as authorized under Table 6-A of Section 18.06.030 (Uses) of Chapter 18.06 (Multiple-Family Residential Zones) of the Code. 2. The proposed conditional use permit to establish a residential group care facility for up to 20 residents, 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 subject to conditions of approval contained herein to ensure that the business is operated in a responsible manner and would not have an adverse effect on the surrounding multi-family residential uses in the area. 3. The size and shape of the site for the residential group care facility is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 4. The traffic generated by the facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking and circulation will be provided to accommodate the use. The residents will not be permitted to possess a vehicle while living at the facility, nor will they be permitted to leave without being accompanied by staff. 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 multi-family residential uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, based upon a parking justification letter submitted by the applicant, the Planning Commission does further find and determine that the request for Variance No. 2016-05073 to allow fewer parking spaces than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (16 spaces required; 8 spaces proposed) - 3 - PC2016-*** 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable conditions of operation of such use because the residents are not permitted to drive and there are a maximum of four staff members on the premises at any time. An operations justification letter was prepared by the applicant which states that the proposed number of parking spaces within the Property would be sufficient to accommodate staff and visitors; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property because the proposed number of parking spaces within the Property is sufficient to accommodate the proposed use on site, as determined by the applicant’s parking justification letter; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the proposed number of parking spaces within the Property is sufficient to accommodate the proposed use on site, as determined by the applicant’s parking justification letter; and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress via one existing driveway along Pearl Street; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property; and WHEREAS, this 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. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 4 - PC2016-*** NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2016-05879 and Variance No. 2016-05073, 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 that portion of the Property for which Conditional Use Permit No. 2016-05879 and Variance No. 2016-05073 is applicable 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 September 7, 2016. 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 - PC2016-*** 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 September 7, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of September, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-*** - 7 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 (DEV2016-00058) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 This permit shall be subject to a (i) six month and (ii) twelve month review by the Planning Commission, commencing from the date this approval. Planning Department staff will report back to the Planning Commission as a “Reports and Recommendations” (R&R) item in order to verify that the group care facility is operating without negative impacts to the surrounding neighborhood. Surrounding properties are to be noticed in advance of these scheduled reviews. The applicant shall pay for the cost of processing this R&R item. Future compliance reviews may be requied if significant violations are identified in the future. Planning and Building Department, Planning Services Division 2 The applicant shall provide to the Planning Department a copy of the license, with any attached conditions, issued by the State of California Department of Health Care Services, authorizing the proposed use as a residential "alcoholism or drug abuse recovery or treatment facility", as defined in Section 11834.02 of the California Health and Safety Code. Planning and Building Department, Planning Services Division 3 No more than the allotted eight (8) parking spaces for personal vehicles on the premises or while residing or working at the facility. Planning and Building Department Code Enforcement Division 4 Visitors shall only be permitted to visit the facility on Saturdays and visitations shall be scheduled in a manner that will not result in exceeding the permitted 8 on-site parking spaces. Planning and Building Department Code Enforcement Division 5 No parking area or garage may be used for storage, as a common area, or be converted to, or otherwise used for, habitable dwelling unit purposes. Any request to convert garage space for use other than for required parking would be considered an amendment to the conditional use permit, subject to review and approval by the Planning Commission at a noticed public hearing. Planning and Building Department Code Enforcement Division 6 All vehicles associated with the property shall display parking stickers identifying them as employees of the facility and shall park on-site at all times. Planning and Building Department Code Enforcement Division - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 No signs shall be visible from the public right-of-way identifying this use as an alcoholism or drug abuse recovery or treatment facility. Planning and Building Department, Code Enforcement Division 8 All on-site recovery services, including counseling, shall be for the residents at this address (1330 West Pearl Street) only. Planning and Building Department, Code Enforcement Division 9 The applicant shall provide an on-site manager or appointed responsible party at all times. This person shall be responsible for responding to any concerns regarding the operations of the facility. Planning and Building Department, Code Enforcement Division 10 Within 30 days of the date of this resolution, the name and telephone number of the on-site manager shall be provided to the Code Enforcement Division of the Planning Department. The owner can contact the Code Enforcement Division at (714) 765-5158 to coordinate this contact information. Any staffing changes to this position shall be reported to the Code Enforcement Division within 30 days. Planning and Building Department, Code Enforcement Division 11 Within 90 days of the date of this resolution, the applicant shall complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. Police Department 12 All trash generated from the facility shall be properly contained in trash containers located within approved trash enclosures. The number of containers shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. Planning and Building Department, Code Enforcement Division Public Works Department, Sanitation Division 13 All trash containers will be removed from the street and stored at a designated location on site the same day trash pick-up has occurred. Trash containers shall not be located to the street until the morning of trash pick-up. Trash containers shall not be left on the street after 5:00 p.m. Planning and Building Department, Code Enforcement Division - 9 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14 Delivery trucks must park on-site or curbside and shall not park in travel lanes or center of the street. Deliveries shall not occur on Thursdays or any day when parking is restricted due to street sweeping. Planning and Building Department, Code Enforcement Division GENERAL CONDITIONS 15 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 16 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department 17 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 18 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 ATTACHMENT NO. 2 A T T A C H M E N T N O . 3 Interior Site Photographs 1330 West Pearl St CUP2016-05879 ATTACHMENT NO. 4 Bathroom – Typical Unit B, C, D Bathroom – Typical Unit B, C, D Bathroom – Unit A Bedroom – Typical of all units Kitchen – Unit B,C, & D Kitchen – Unit A Laundry Room Living & Dining Room – Typical Unit B, C, D Living & Dining Room – Unit A ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 ATTACHMENT NO. 8 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: SEPTEMBER 7, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2090E AND VARIANCE NO. 2016-05075 LOCATION: 1160 North Kraemer Boulevard (Culichitown) APPLICANT/PROPERTY OWNER: The applicant is Angel Del Villar, representing Culichitown Anaheim LLC; the property owner is Paul Nikolau Living Trust; and the authorized agent representing the applicant is Sonia Eaton. REQUEST: The applicant requests approval of the following: (1) to amend a previously-approved conditional use permit to permit a restaurant with outdoor dining, on-site sale and consumption of alcoholic beverages, and live entertainment within an existing commercial building; and (2) a variance to permit fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2090E and Variance No. 2016-05075. BACKGROUND: This 0.87-acre property is developed with a 6,635 square foot freestanding building located in the Development Area-1 (Industrial Area) of the Anaheim Canyon Specific Plan. The Anaheim General Plan designates the property for Industrial land uses. The surrounding land uses include industrial uses to the north, east, and west, and an Anaheim Fire Station to the south. In 1961, the Planning Commission approved Conditional Use Permit No. 188 to permit a restaurant and cocktail lounge. In 1980, the Planning Commission approved Conditional Use Permit 2090 to permit a public dance hall in conjunction with the restaurant. A one-year time limit was included as a condition of approval of CUP 2090 to ensure the business did not have an adverse impact on the surrounding uses. At the time, there were concerns that the proposed dinner and dance venue would not be compatible with the surrounding industrial areas. The property has had multiple restaurant operators/owners since the 1980 approval and has received multiple time extensions over the years, the latest expiring in 2008. CONDITIONAL USE PERMIT NO. 2090E AND VARIANCE NO. 2016-05075 September 7, 2016 Page 2 of 6 In 1996, a Planning Commission hearing was scheduled to review CUP 188 and CUP 2090 for consideration of modifying or revoking the permit at the request of Code Enforcement and the Police Department. The restaurant operator had been operating the business as a bar, resulting in increased crime and code violations. The Planning Commission decided to modify the CUP by adding conditions to prevent the restaurant from operating as a bar or nightclub. Modifications included conditions requiring food service whenever the restaurant was open, obtaining permits for unpermitted structures, prohibiting drinking or dining on the outdoor patio, requiring security at all times that entertainment would be occurring, and establishing occupancy limitations. In 2009, the Planning Commission approved Conditional Use Permit 2008-05361 to permit a nightclub operated by a new tenant, Xalos Nightclub. At that point, the subject property ceased operating as a restaurant and operated exclusively as a nightclub with hours of operation from 7:00 p.m. to 2:00 a.m. In 2014, Xalos Nightclub relocated to different location in Anaheim and the subject property has remained vacant for two years. PROPOSAL: The applicant is requesting to once again operate the venue as a restaurant with live entertainment and to modify the existing conditions of approval by deleting the time limitation, permitting the use of the outdoor patio area for dining, as well as other conditions that would otherwise limit the ability to operate the restaurant. These conditions are described in more detail below. The applicant is proposing to operate a Mexican seafood and sushi restaurant, known as Culichitown, which also provides accessory live musical entertainment. The restaurant would operate Monday through Wednesday from 8:00 a.m. to 12:00 .a.m. and Thursday to Sunday from 8:00 a.m. to 2:00 a.m. The accessory live entertainment is proposed to occur Monday through Thursday from 5:00 p.m. to 12:00 a.m. and Friday through Sundays 5:00 p.m. to 2:00 a.m. Culichitown currently operates five restaurants throughout the Southern California area: Rialto, Colton, Bell, Montclair, and Pico Rivera. The restaurant is not currently operating; however, the applicant has begun interior and exterior tenant improvements. The applicant is currently working with the California Department of Alcoholic Beverage Control (ABC) to obtain a Type 47 (On- Sale General – Eating Place) license consistent with the original on-sale alcohol entitlement allowed under CUP 2090. This license would allow the sale of beer, wine and spirits. FINDINGS AND ANALYSIS: Before the Planning Commission grants a conditional use permit or amends an existing 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 CONDITIONAL USE PERMIT NO. 2090E AND VARIANCE NO. 2016-05075 September 7, 2016 Page 3 of 6 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 amend conditions of approval for CUP 2090. The purpose of the conditional use permit is to ensure compatibility with surrounding residential uses. The applicant is requesting to delete or modify the following conditions of approval contained in Resolution No. PC2005-150: • That the accessory public entertainment shall expire on August 27, 2008. • That the outdoor patio area may be used by patrons for seating and smoking purposes only. That no other outdoor activities, including but not limited to dining, drinking, entertainment, dancing, etc., shall be permitted in the patio area. • That food service with a full meal shall be available from opening time until either 10:00 p.m. or closing time, whichever occurs first, on each day of operation. • That the sales of any type of alcoholic beverages shall not exceed forty percent (40%) of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of any type of alcoholic beverages and other items. These records shall be made available, subject to audit and, when requested, inspection by any City of Anaheim official during reasonable business hours. • That there shall be no direct pedestrian access to the outdoor patio area from outside the building. All access to this area shall be solely through the restaurant. Further, that a sign shall be posted at the entrance to the patio stating that this area shall be used for seating and smoking purposes only and that no dining, drinking or dancing shall be permitted in the patio. • That no happy hour-type or reduced price promotion shall be permitted at any time. • That one security officer shall be posted in the patio area at all times. As indicated in the applicant’s Letter of Request (Attachment 2), the applicant is proposing to operate a Mexican seafood and sushi restaurant including on-site consumption of alcoholic beverages and accessory entertainment. The applicant and floor plan indicate that there will be no dance floor provided. The Anaheim Canyon Specific Plan permits a restaurant in DA-1 contingent upon approval of a conditional use permit. Although accessory entertainment uses are no longer permitted in this zone, staff considers entertainment to be a legal non-conforming use that may be continued under the existing CUP that is being amended. Staff does not believe that the proposed amendments to the conditions of approval will significantly intensify the property’s historic use nor adversely affect the adjoining land uses due the conditions of approval being recommended by Planning and Police Department staffs. The restaurant is surrounded by industrial uses whose employees could patronize the restaurant during the weekday. During the evenings, when entertainment would be provided, most, if not all, of the adjacent businesses would be closed. Additionally, no adverse impact to the surrounding streets and highways is expected as the peak hours of operation would occur when traffic in the area is very light. Staff believes that the following updated conditions of approval will ensure that the proposed restaurant and accessory live entertainment operates responsibly and without negative impact to the CONDITIONAL USE PERMIT NO. 2090E AND VARIANCE NO. 2016-05075 September 7, 2016 Page 4 of 6 surrounding area. Staff is recommending the following conditions of approval to ensure compatibility with the surrounding area: • A security plan must be reviewed and approved by the Chief of Police and the business must be operated in conformance with that plan. • A parking agreement shall be filed with the Planning Department for use of the off-site parking spaces. • The applicant shall not exchange the alcoholic beverage license for a public premises (bar) type license, nor shall the establishment operate as a public premises at any time. • There shall be no admission fee, cover charge, nor minimum required purchase. This location is within Census Tract Number 117.14 which has a population of 499. This population allows for no off sale Alcoholic Beverage Control licenses due to the limited population in this industrial area. There are presently four licenses in the tract. The census population also allows for no on-sale licenses and there are presently two licenses in the tract. This location is within Police Reporting District 1432 which is below the city average in crime. There have been 84 calls for service to this location in the last year and they consisted of: 77 patrol checks, 3 commercial burglaries, 2 burglary alarms, suspicious subject in a vehicle and 1 assault. The ¼ mile radius surrounding this location is below the city average in crime. Calls for service in this area consisted of 5 auto burglaries, 7 petty thefts and 4 commercial burglaries. The Police Department originally opposed the proposed 2:00 a.m. closing time for the restaurant, as well as the proposed valet parking service (as indicated in the Police Department memo included as Attachment 4); however, Police Department staff has since agreed to permit the valet service and later hours with the understanding that the conditions of approval include a one year probationary period for the proposed valet operations and the late night hours of operation. Such a condition has been added to the draft resolution. The Police Department initially opposed valet service because there were issues with the former business’s valet operations that resulted in fights amongst patrons that were waiting for their vehicles to be retrieved. The applicant has submitted a valet plan to the Police Department that would ensure the time retrieval of vehicles and therefore minimize the potential of conflict between patrons. The conditions of approval would also permit the Planning Director to reduce the closing time on weekends from 2:00 a.m. to 12:00 a.m. in the event that the Police Department and/or Code Enforcement produce evidence that the manner in which the facility is operating is resulting in an increase in crime and police calls in the surrounding area. Additionally, should the Police Department or Code Enforcement identify that the valet operations are contributing to an increase crime or police calls to the area, then the valet operations can be suspended by the Planning Director, subject to evidence being provided indicating such. After the one year probationary period, any such action would require a Planning Commission hearing to review any modifications or revocations. Parking Variance: Before the Planning Commission may approve a parking variance, it must make a finding of fact 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; CONDITIONAL USE PERMIT NO. 2090E AND VARIANCE NO. 2016-05075 September 7, 2016 Page 5 of 6 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 applicant is requesting a variance to permit fewer parking spaces than required by the Zoning Code. The Code requires full service restaurants that are not integrated into a planned development complex to provide 15 parking spaces per 1,000 square feet, which would require 100 parking spaces for the 6,635 square foot facility. The subject property has 72 on-site parking spaces. The applicant proposes to make up the balance of required parking spaces by utilizing 28 spaces located on the adjacent property with 12 spaces located south of the subject property which are to be used for patrons to self-park, and the remaining spaces north of the subject property which are to be used for overflow valet parking purposes. The applicant has submitted two notarized agreements signed by the adjacent property owner indicating permission to use the spaces for a period of five years. A condition of approval has been included requiring that the business owner present the City with an extended agreement or submit an alternative parking arrangement to the Planning Department subject to review and approval by the Planning Director prior to the expiration of the existing agreement. The applicant proposes self-parking for customers for all spaces located on-site. Valet parking services are proposed Friday to Sunday 5:00 p.m. to 2:00 a.m. utilizing the off-site parking spaces, as needed. Additionally, staff has included a condition that would permit the applicant to request an administrative modification to amend the requirement for a parking agreement if the applicant can demonstrate in the future that the 72 on-site parking spaces are sufficient. A condition of approval has also been included in the draft resolution requiring that the on-site parking lot be resurfaced and restriped. Staff has reviewed the request to modify the existing conditions of approval pertaining to the operation and use of the existing restaurant property, as well as the request to permit less parking than required by the Zoning Code and believes that the proposed modifications would not have a negative impact on the surrounding uses. Therefore, staff recommends approval of this request. Environmental Impact Analysis: Staff recommends the Planning Commission find 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. CONDITIONAL USE PERMIT NO. 2090E AND VARIANCE NO. 2016-05075 September 7, 2016 Page 6 of 6 CONCLUSION: Staff believes that the request to amend a previously-approved conditional use permit to permit a restaurant with outdoor dining, on-site sale and consumption of alcoholic beverages, and live entertainment within an existing commercial building would be compatible with the surrounding industrial land uses and that the proposed on-site and off-site parking provided would be sufficient to meet the number of spaces required by code. Lastly, the recommended conditions of approval would ensure that the business operates as a bona fide restaurant and would not have an adverse impact the surrounding land uses. Therefore, staff recommends approval of this request. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Applicant’s Letters of Request 3. Site and Floor Plans 4. Police Department Memorandum 5. Site Photographs 6. Parking Agreement SP 2015-1DA1RESTAURANT SP 2015-1DA1INDUSTRIAL SP 2015-1DA1BUSINESSPARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1INDUSTRIAL DA6O.C.F.C.D. SP 2015-1DA1BUSINESS PARK SP 2015-1DA1SUBSTATION SP 2015-1DA1INDUSTRIAL SP 2015-1DA1OFFICES SP 2015-1DA1INDUSTRIAL SP 2015-1DA1INDUSTRIAL SP 2015-1DA1INDUSTRIAL SP 2015-1DA1INDUSTRIAL SP 2015-1DA1BUSINESSPARK SP 2015-1DA1FIRE STATION SP 2015-1DA1RETAIL SP 2015-1DA1BUSINESS PARK SP 2015-1DA1INDUSTRIAL N K R A E M E R B L V D N K R A E M E R P L E C O R O N A D O S T E C O R O N A D O S T E . L A P A L M A A V E E . M I R A L O M A A V E N . T U S TINAV E N . M I L L E R S TN . B L U E G U M S TE. FRONTERA ST 1160 North Kraemer Boulevard DEV No. 2016-00071 Subject Property APN: 345-101-12 °0 50 100 Feet Aerial Photo:June 2015 N K R A E M E R B L V D N K R A E M E R P L E C O R O N A D O S T E C O R O N A D O S T E . L A P A L M A A V E E . M I R A L O M A A V E N . T U S TINAV E N . M I L L E R S TN . B L U E G U M S TE. FRONTERA ST 1160 North Kraemer Boulevard DEV No. 2016-00071 Subject Property APN: 345-101-12 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2090E AND VARIANCE NO. 2016-05075 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00071) (1160 NORTH KRAEMER BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to amend a previously-approved Conditional Use Permit No. 2090 (“CUP2090E”) and Variance No. 2016-05075 to permit a restaurant with on- site sale and consumption of alcoholic beverages and accessory entertainment and to permit less parking spaces than required by the Zoning Code (“Proposed Project”) for the premises located at 1160 North Kraemer Boulevard in the City of Anaheim, County of Orange, State of California. The property is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to as the "Property"); and WHEREAS, the Property is approximately 0.87-acre in size and is currently developed with a freestanding commercial building. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located within Anaheim Canyon Specific Plan No. 2015-1 ("SP 2015-1") and more particularly within the Industrial Development Area (Development Area 1) thereof. As such, the Property is subject to the zoning and development standards described in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015- 1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and WHEREAS, on December 27, 1961 the then Planning Commission approved Resolution No. 185 in conjunction with Conditional Use Permit No. 188, which permitted a restaurant with a cocktail lounge; and WHEREAS, on June 2, 1980, the then Planning Commission approved Resolution No. PC80-92 in conjunction with Conditional Use Permit No. 2090, to change the existing restaurant with dancing and bar facilities to a public dancing facility in conjunction with a restaurant for a period of one (1) year, subject to review and consideration for possible extensions of time by the Planning Commission; and WHERAS, the then Planning Commission subsequently approved nine (9) time extentions in connection with Conditional Use Permit No. 2090; and WHEREAS, on September 30, 1996, the then Planning Commission did by its Resolution No. PC96-101 (“CUP2090A”), amend the conditions of approval adopted in connection with Conditional Use Permit No 2090, pertaining to operation of restaurant, on- site security, and occupancy limit of 299 persons; and - 2 - PC2016-*** WHEREAS, the Planning Commission subsequently adopted two resolutions (Nos. PC97-115, PC98-118) to reinstate for additional periods of time the public dance hall, on-site sale and consumption of alcoholic beverages, and live entertainment in conjunction with an existing restaurant; and WHEREAS, on August 2, 1999, the then Planning Commission did by its Resolution No. PC99-141(“CUP2090B”), amend the conditions of approval adopted in connection with Conditional Use Permit No 2090, pertaining to obtaining building permits for the unpermitted patio area, operation of restaurant, and on-site security unifoms; and WHEREAS, on January 31, 2000, the then Planning Commission did by its Resolution No. PC2000-12 (“CUP2090C”), amended Conditional Use Permit 2090 and deleted conditions of approval for Resolution Nos.99-141, PC98-118, PC96,101, PC95-87, PC91-34, and PC80-92, in their entirety and replaced with conditions set forth in Resolution No. PC2000-12 in connection with Conditional Use Permit No 2090; and WHEREAS, on August 27, 2001, the then Planning Commission did by its Resolution No. PC2001-126 (“CUP2090D”), concluded that the use was a restaurant with on- premises sale and consumption of alcoholic beverages and public entertainment - not a public dance hall amending Conditional Use Permit 2090 to permit public entertainment and dancing accessory to an existing restaurant with sales of alcoholic beverages for on-premise consumption, and replaced conditions of approval for Resolution No. PC2001-30 in its entirety in connection with Conditional Use Permit No 2090; and WHEREAS, the then Planning Commission subsequently adopted three resolutions (Nos. PC2002-114, PC2003-129, PC2004-109, PC2005-109) to reinstate for additional periods of time the public entertainment accessory to an exsiting restaurant with sales of alcoholic beverages for on-premises consumption; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 2016 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 amendment to Conditional Use Permit No. 2090 (“CUP2090E”), and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 3 - PC2016-*** WHEREAS, 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 the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for an amendment to Conditional Use Permit No. 2090E, does find and determine the following: 1. That the proposed use is properly one for which a conditional use permit is authorized by this code as an amendment of conditions for a conditional use permit is permitted under Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the Code. 2. That the proposed amendment to the conditional use permit will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the subject property is existing and is not adjacent to residential uses, and the proposed conditions of approval contained herein will address relevant concerns and issues to ensure that the restaurant operates responsibly. 3. The size and shape of the site for the use is adequate to allow the full development of the restaurant in a manner not detrimental to the particular area or to the health and safety because the facility is developed as a freestanding building surrounded by industrial uses and that no change in use will occur. 4. The traffic generated by the restaurant with the modification of conditions 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. 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 industrial uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, based upon a parking justification letter submitted by the applicant, the Planning Commission does further find and determine that the request for Variance No. 2016-05075 to allow fewer parking spaces than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (100 spaces required; 72spaces proposed) - 4 - PC2016-*** 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable conditions of operation of such use because the applicant will have access to overflow off-site parking when needed that the existing on-site and off-site parking will be sufficient to accommodate the request; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property because the applicant will have access to parking spaces on the adjacent property when needed to accommodate overflow; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the proposed number of parking spaces within the Property is sufficient to accommodate the proposed use on site, as determined by parking surveys conducted by staff at a comparable restaurant location, as well as a shared parking agreement permitting the restaurant to utilize parking spaces located on the adjacent property for evening hours overflow, if needed; and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property; and WHEREAS, this 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. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 5 - PC2016-*** NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. CUP2090E and Variance No. 2016-05075, 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 that portion of the Property for which Conditional Use Permit No. CUP2090E and Variance No. 2016-05075, is applicable 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 the conditions of approval as set forth in Resolution No. PC2005-150, are hereby deleted in their entirety and replaced with the conditions set forth in this resolution. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the CUP 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. 2090E. 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. - 6 - PC2016-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2016. 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 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 September 7, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of September, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 7 - PC2016-*** - 8 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2090E AND VARIANCE NO. 2016-05075 (DEV2016-00071) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO OPERATION OF RESTAURANT 1 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 2 A security plan shall be submitted to the Chief of Police or his designee for approval prior to the restaurant opening for business. The business must be operated in conformance with the submitted plan unless an amendment is approved by the Planning Director in cooperation with the Police Department. Police Department 3 Final landscape plans shall be submitted for review and approval by the Planning Director or his/her designee within thirty (30) days of this resolution. Landscaping shall be installed prior to the issuance of a Certificate of Occupancy for the business. Planning and Building Department, Planning Services Division 4 That the parking lot shall be re-surfaced and re-striped in conformance with City standards prior to the issuance of a Certificate of Occupancy for the business. Planning and Building Department, Planning Services Division 5 All properties used for off-site parking shall be under agreement approved as to form by the City Attorney. The agreements shall be notarized and a copy filed with the Planning Department and, further, shall specify the number and location of the off-site parking spaces and assure that the spaces shall be accessible for parking in conjunction with the use for which the parking spaces are required. Planning and Building Department, Planning Services Division 6 Prior to expiration of the any shared parking agreement, the applicant must present the City with an extended agreement or submit an alternative parking arrangement to the Planning Department, subject to review by the Planning Director. If the applicant can demonstrate that the 72 on-site spaces are sufficient , the applicant may administratively request to delete the requirement for a notarized parking agreement. Planning and Building Department, Planning Services Division - 9 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 7 The property owner shall submit a letter requesting the terminatation all previously approved Conditional Use Permits. Planning and Building Department, Planning Services Division 8 Any graffiti painted or marked upon the business 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 or discovered by the business owner. Planning and Building Department, Code Enforcement Division 9 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 10 The hours of operation for the restaurant shall be limited from 8:00 a.m. until 12:00 a.m. Monday through Thursday and 8:00 a.m. to 2:00 a.m. Thursday through Sunday. The restaurant shall be subject to a one year probationary period in which the Planing Director may administratively approve to reduce the weekend hours to 12:00 a.m. in the event that the Police Department and/or Code Enforcement submits evidence citing significant increases in crime relating to the restaurant operating until 2:00 a.m. Planning and Building Department, Code Enforcement Division Police Department 11 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police Department 12 That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premises as defined in Section 23039 of the Business and Professions Code. Police Department 13 At all times when the premises is open for business, the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. Police Department - 10 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14 Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. Police Department 15 Prior to commencement of live entertainment, the applicant shall secure an entertainment permit. There shall be no entertainment, amplified music or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. As stipulated by the applicant, Karaoke shall not be permitted. Police Department Planning and Building Department, Planning Services Division 16 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) Police Department 17 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) Police Department 18 Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police Department 19 Managers, owners, and wait staff need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714- 558-4101. Police Department 20 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 21 Signs shall be posted inside the patio exit doors and any exit door from the restaurant stating “No alcoholic beverages allowed past this point.” Police Department - 11 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 22 The number of persons shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 2S.114(a) Uniform Fire Code) Police Department 23 The door(s) shall be kept closed at all times during the operation of the premises except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. Police Department 24 The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. Police Department 25 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 26 Valet parking shall be limited to the spaces located on the adjacent property to the north and stacking of vehicles shall not be permitted. Prior to valet operations commencing a valet plan must be approved by the Police Department. Subject to a one year probationary period in which the Police Department and/or Code Enforcement may recommend to the Planning Director that the operation of the valet parking is not compliant with the conditions of approval and subject to removal at the discretion of the Planning Director. Police Department Code Enforcement 27 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of Police Department persons about the premises. Police Department - 12 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS OF APPROVAL 28 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 29 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 30 The business premises 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 17 9'- 5 " 3'-2" 1'- 6 " 2'-0" NOPARKING NOPARKING N O PARKING 12345678910111213141516 17 18 19 20 21 22 23 24252627282930313233343536373839 40 41 42 43 44 45 46 49 50 51 52 53 54 55 56 57 58 73 71 74 75 76 77 78 79 80 81 82 83 84 60 61 62 63 64 65 66 67 68 69 70 72 9'- 5 " 3'-2" KRAEMER BLVD.CL 1'- 6 " MAIN FLOOR 4,624.50 SQ. FT. (E) LOBBY PROPOSE ADDITION 118.54 SF (E) COVERED PATIO TO BE REMOVED 145.66 SF PL PL PL PL PL PL 2'-0" 3'-0" RECYCLING AREA W/H OUTDOOR DINING 851.94 SQ. FT. PROPOSED NEW LATTICE PATIO. (E ) 1 H R . S E P A R A T I O N W A L L (E ) 1 H R . S E P A R A T I O N W A L L (E ) 1 H R . S E P A R A T I O N W A L L (E ) 1 H R . S E P A R A T I O N W A L L (E) 1 HR. SEPARATION WALL (E) 1 HR. SEPARATION WALL (E ) 1 H R . S E P A R A T I O N W A L L (E) 1 HR. SEPARATION WALL(E) 1 HR. SEPARATION WALL (N) SWING DOOR 1 HR. RATED (N) 1 HR. RATED DOOR (N) 1 HR. RATED DOOR (N) 1 HR. SEPARATION WALL (N ) 1 H R . S E P A R A T I O N W A L L KITCHEN 462.90 SQ. FT. REST ROOMS 577.60 S.F. NO PARKING NO PARKING N O PARKING PL ƒ ƒ 47 ƒ 59 48 TRASH CAN ƒ ƒ ƒ 7'-7" 4'-0" 3'-6" 7'-7" 4'-0" 3'-6" 3'- 6 " 5'-0" 3'- 6 " 5'-0"5'-0" 5'- 0 " 5'- 0 " 5'-0"5'-0"5'-0" 6'-0" 3'- 6 " 5'-0"5'-0" 5'- 0 " E. CO R O N A D O S T . E. MIR A L O M A S T . N . K R A E M E R B L V D . E. LA P A L M A S T . E. CO R O N A D O S T . N . K R A E M E R B L V D . SI T E P L A N A-1 AN A H E I M , C A . 9 2 8 0 6 CU L I C H I T O W N & D E L L O U N G E 11 6 0 N . K R A E M E R B L V D . TI T T L E SCALE SHEET NO. DATE AUGUST 15, 2016. AS SHOWN OW N E R CONSULTANT & DESIGN DATE REVISIONS NO. 11548 ANTIGUA DR. (951) 703-9864 MIRA LOMA, CA. 91752 CO N T E N T A. P . N . # 3 4 5 - 1 0 1 - 1 2 RE S T A U R A N T LEGEND CENTER LINE PROPERTY LINE ADJ. PROPERTY LINE EXIST CONCRETE EXIST BLOCK WALL PROJECT DATA A.P.N.: ZONING: OWNER / APPLICANT: DESIGNER: 345-101-12 SP94-1,DA3 CULICHITOWN RESTAURANT BAR & NIGHT CLUB MR. RAMON MISAEL GUERRERO ELENES 1160 N. KRAEMER BLVD. ANAHEIM, CA. 92806 INNOVATION GROUP Consulting & Design 11548 ANTIGUAA DRIVE JURUPA VALLEY, C. 91752 TEL. (951) 703-9864 email: vk-contractors@hotmail.com THAT PORTION OF LOT 15, BLOCK K, KRAEMER TRACT, CITY OF FULLERTON, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.. ON THE EAST SIDE OF KRAEMER BLVD. 216' FEET, AND 242' FEET SOUTH CENTERLINE OF CORONADO STREET. ANAHEIM, CA. ORANGE COUNTY CALIFORNIA V-B A-2 2013 CALIFORNIA BUILDING CODE 2013 CALIFORNIA PLUMBING CODE 2013 CALIFORNIA ELECTRICAL CODE 2013 CALIFORNIA MECHANICAL CODE 2013 CALIFORNIA FIRE CODE 2013 CALIFORNIA RESIDENTIAL CODE (2009 IRC) 2013 GREEN BUILDING STANDARDS CODE 2010 CALIFORNIA ENERGY CODE CITY: CONSTRUCTION TYPE: OCCUPANCY GROUP: APPLICABLE CODES: LEGAL DESCRIPTION: COUNTY: STATE: BUILDING SUMMARY AREA COMPUTATION: OUTDOOR DINING AREA PROPOSE LATTICE PATIO: 851.94 SQ. FT. LOT AREA: 37,800.0 SQ.FT. TOTAL COVERED AREA PERCENTAGE: 6635.48/ 37,800.0 = 0.176 X 100 = 17.55% TOTAL AREA:6,635.48 SQ. FT. EXISTING BUILDING 5,665.00 SQ. FT. PROPOSED NEW ADDITION 118.54 SQ. FT. SCOPE OF WORK 1. TENANT IMPROVEMENT PLANS 2. NEW LATTICE PATIO ON OUTDOOR DINING AREA 851.94 SQ. FT. 3. NEW KITCHEN EQUIPMENT. 4. NEW BOOTHS. 5. NEW INTERIOR AND EXTERIOR PAINT. 6. NEW FLOOR TILE ON KITCHEN AREA. 7. NEW 5 8"X4X8 DRYWALL TYPE X ON CEILING IN DINNING AREA. 8. NEW R-30 INSULATION @ 16" O.C. ON CEILING IN DINNING AREA. 9. PROPOSED NEW SUSHI BAR AREA. 10. NEW TOILETS AND URINALS IN RESTROOMS AREA. 11. ACOUSTIC PANELS ON THE SEATING BENCH AREA. 12. RE-ROOF 1,200 SQ. FT. 13. NEW TRAVERTINE AND GRANITE COUNTER TOP ON BAR AREA. 14. NEW PARTITIONS WALLS ON RESTROOMS. 15. PROPOSED NEW ADDITION 118.54 SHEET INDEX NUMBERED KEY NOTES 1 2 3 EXISTING LANDSCAPE4 5 6 7 8 EXISTING GAS METER EXISTING BLOCK WALLS EXISTING SIDEWALK NEW DETECTABLE WARNING EXISTING WATER METER EXISTING ELECTRIC METER NEW NORITZ WATER HEATER TANKLESS 199,900 BTU'S 9 10 11 EXISTING ASPHALT EXISTING VYNIL WINDOWS TO BE REPLACE FOR TEMPER. GLASS. EXISTING PARKING SPACES 12 EXISTING HANDICAP PARKING SPACES 13 14 EXISTING EMERGENCY EXIT DOORS 40" X 80" EXIST GRASS SITE PLAN SCALE: 1/8" =1'-0" LOT COVERAGE CALCULATIONS LOT AREA:37,800.0 SQ. FT. BUILDING AREA:6,635.48 SQ. FT.0.151 AC. 0.860 AC. 15.08% PARKING AREA:13,608.0 SQ. FT.0.309 AC. 30.93% HANDICAP AREA: 648.0 SQ. FT.0.015 AC. 1.47% LANDSCAPING AREA:1,320.0 SQ. FT.0.030 AC. 100.00% 3.00% 3 2 1 4 4 4 4 4 4 4 5 4 6 6 8 9 9 9 9 9 9 9 9 9 28 10 28 11 11 11 111111 11 11 11 11 11 11 11 11 11 2412 12 EXISTING IRON GATE WILL BE REMOVED & CLOSED OPENING 13142714 14 15 NEW TEMPERED GLASS FRONT DOORS W/METAL FRAME. 15 A-1 SITE PLAN A-2 FLOOR PLAN A-3 ELEVANTIONS PLAN A-4 ELEVATIONS PLAN P-1 EXISTING PLUMBING PLAN 16 EXISTING ELECTRIC PUBLIC POLE 17 EXISTING PUBLIC SIDEWALK 16 4 4 1717 18 18 EXISTING TRASH CAN 19 19 PROPOSE STORAGE & RECEIVING AREA N E-1 EXISTING ELECTRICAL PLAN M-1 EXISTING MECHANICAL PLAN PARKING ANALYSIS BUILDING USE: 6,635.48 SQ. FT. PARKING RATE:NET AREA:REQUIRED: RESTAURANT 8.0 SPACES/1000 SQ. FT. GFA. 53.08 SPACES S-1 FOUNDATION, FRAMING & ROOF PLAN S-2 STRUCTURAL DETAILS S-3 STRUCTURAL NOTES A-2.1 EQUIPMENT SCHEDULE PLAN A-2.2 FINISH SCHEDULE FLOOR PLAN A-5 SECTIONS PLAN A-6 ROOF PLAN EXISTING 6' LONG WHEEL STOP VICINITY MAP DISABLED PARKING STALLS EXISTING 6' LONG WHEEL STOP 36" SQUARE TYPICAL PAVEMENT SYMBOL PROFILE VIEW OF A WHEELCHAIR WITH OCCUPANT IN WHITE ON BLUE BACKGROUND 36" SQUARE TYPICAL PAVEMENT SYMBOL PROFILE VIEW OF A WHEELCHAIR WITH OCCUPANT IN WHITE ON BLUE BACKGROUND "NO PARKING" WORDS PAINTED ON THE GROUD W/ WHITE LETTERS NO LESS THAN 12" HIGH "NO PARKING" WORDS PAINTED ON THE GROUD W/ WHITE LETTERS NO LESS THAN 12" HIGH 70" SQ. IN. ACCESSIBILITY SING ON POLE WITH ADDITIONAL SIGN STATING: "VAN ACCESSIBLE" MOUNTED BELOW THE SYBOL OF ACCESSIBILITY 70" SQ. IN. ACCESSIBILITY SING ON POLE AREA ANALYSIS 36" SQUARE TYPICAL PAVEMENT SYMBOL PROFILE VIEW OF A WHEELCHAIR WITH OCCUPANT IN WHITE ON BLUE BACKGROUND A-2.3 PATH TRAVEL, USE & OCCUPANCY, EGRESS PLAN A-7 REFLECTED CEILING PLAN 20 RECYCLING AREA AREA COMPUTATION: EXISTING BUILDING 5,665.00 SQ. FT. OUTDOOR DINING AREA PROPOSE LATTICE PATIO: 851.94 SQ. FT. PROPOSED NEW ADDITION 118.54 SQ. FT. TOTAL AREA: 6,635.48 SQ. FT. LANDSCAPING AREA:1,320.00 SQ. FT. PARKING AREA:13,608.00 SQ. FT. LOT AREA:37,800.00 SQ. FT. TOTAL COVERED AREA: 17.55 % 0.860 AC. DS-1 ACCESSIBLE DETAILS P-1.1 PLUMBING NOTES A-2.4 EQUIPMENT ELEVATIONS PLAN A-2.0 EXISTING FLOOR PLAN M-1.1 EXHAUST HOOD DETAILS 2521 21 EXISTING 70" SQ. IN. ACCESSIBILITY SING ON POLE FOR CARS DS-2 ACCESSIBLE DETAILS A-2.5 AREA ANALYSIS PLAN JUSTIFICATION FOR NOT HAVING A FULLY SPRINKLERED SYSTEM: TOTAL AREA OF EXISTING BUILDING 5,665.0 SQ. FT. AREA SEPARATION: KITCHEN AREA 462.90 SQ. FT. RESTROOM AREA 577.60 SQ. FT. TOTAL SEPARATION: 1,040.50 SQ. FT. TOTAL BUILDING AREA - 5,665.0 SQ. FT. 4,624.50 SQ. FT. < 5,000.0 SQ. FT. PER CODE BUILDING LESS THAN 5,000 SQ. FT. NEED TO FIRE SPRINKLERED IN THE SALE OF LIQUOR. 22 NEW SWING DOOR 1 HR. RATED 22 14 14 23 EXISTING LUMINOUS SIGN 23 FA-1.0 COVER SHEET FIRE ALARM FA-2.0 TYPICAL WIRING DETAIL FIRE ALARM FA-3.0 FIRE ALARM RISER DIAGRAM FA-4.0 FIRST FLOOR FIRE ALARM PLAN T-24 NON-RESIDENTIAL T-24 PAGES 1-5 24 EXISTING VAN ACCESSIBLE SPACE 25 EXISTING 70" SQ. IN. VAN ACCESSIBILITY SIGN 21 70" SQ. IN. VAN ACCESSIBILITY SING ON POLE 70" SQ. IN. ACCESSIBILITY SING ON POLE EXIST I HR. RATE FIRE WALL PROPOSED NEW I HR. RATE FIRE WALL 20 4 11 11 NOTE: THE EXISTING DRAINAGE PATTERN SHALL BE MAINTAINED IN ORDINANCE WITH CITY STANDARD 390. 26 26 EXISTING WINDOW TO REMAIN 27 EXISTING DOOR WILL BE REMOVED & CLOSED OPENING 28 NEW 42" IRON GATE W/PANIC BAR, LANDING & RAMP 8 26 27 8 29 29 29 HANDICAP LANDING & RAMP NOTES: 1 DOOR REMOVED & CLOSED OPENING 2 NEW OPENING W/IRON GATES, LANDING, RAMPS, & HANDRAILS. 1 1 1 22 3 NEW WARNING PADS FOR HANDICAP RAMPS. 3 8 29 3 3 8 4 4 228 GAL/H63 Vhr.. TANKLESS WATER HEATER NORITZ MOD. NCC1991-DV, 199,900 BTU/NATURAL GAS 120 VOLTS, 15 PSI. TE N A N T I M P R O V E M E N T NOTE: THE PURPOSE OF THIS PLAN IS ONLY FOR INSPECTIONS. NOTE: OCCUPANT LOAD AND CLASSIFICATION ARE BASED ON APPROVED PERMIT BLD2006-03113. 5 5 EXISTING VIP AREA WAS REMOVED. ATTACHMENT NO. 3 SUSHI BAR PREPARATION TABLE RICE MAKER HOOD ‘    FRYER HOOD PREPARATIONTABLE SINGLE BURNER (E) WOMENS BATHROOM W/ H MOP SINK (N) WALK-IN FREEZER (E) COLD ROOM ICE MAKER (E) STAGE (E) DISC JOCKER AREA (E) LOBBY 9'-4" 9'- 8 " 1'- 4 " 1'- 4 " 3'- 1 0 " 4'-3" 6'-6" 4'-6" 4'-4" 24 ' - 6 " 10'-6" 1'-3" 1'- 3 " 1'- 3 " 1'-3" 8'-1" 27 ' - 8 " (E) MENS BATHROOM 6'-9" 5'- 1 0 " 5'- 0 " 8'-0" 3'- 4 " 5'- 1 0 " 7'-1" WO R K TA B L E WORK TABLE 2'-0"2'-0"2'-0" A 6" 11 ' - 6 " X 1 8 " BB A EXIT OUTDOOR DINING AREA EXIT EXIT EXIT EXIT EXIT EXIT E E E E E E E E 3'- 2 " 3'-0" 2'- 0 " 3'-714" 6'-8" 4'-314" ‘  7'-2" 4'-6" (E ) 1 H R . S E P A R A T I O N W A L L (E ) 1 H R . S E P A R A T I O N W A L L (E ) 1 H R . S E P A R A T I O N W A L L (E ) 1 H R . S E P A R A T I O N W A L L (E) 1 HR. SEPARATION WALL (E) 1 HR. SEPARATION WALL (E) 1 HR. SEPARATION WALL (E ) 1 H R . S E P A R A T I O N W A L L (N ) 1 H R . S E P A R A T I O N W A L L 6'-6" X 18" 2'-3" X 18" 5'-0" X 18" 7 ' - 0 " X 1 8 " 2'-9" 4'- 0 " 3'- 0 " DRY FOOD STORAGE SHELVING 2'-10" 1 7 ' - 8 " X 1 8 " LIQUOR STORAGESHELVING 10'-4" 5'- 4 " 1-56-10 1'-6" (N) 1 HR. SEPARATION WALL (N) 1 HR. SEPARATION WALL 1'-6" 2'- 1 " 1'-6" 1'- 6 " 1'-6" 1'- 6 " 2'-734" 6" FRYERFRYER 2'- 9 " 1'-4" 2" 1'-0" 4'- 4 " 22 ' - 2 " BENCH SEATING ON EXISTING VIP AREAS: VIP # 1 8 PERSONS VIP # 2 8 PERSONS VIP # 3 5 PERSONS VIP # 4 13 PERSONS TOTAL = 34 FIXED SEATS SEATING TABLE OF 4 PERSONS E.A. TOTAL = 6 X 4= 24 SEATS -2 HANDICAP SPACE TOTAL 22 NOT FIXED SEATS VIP #1 VIP #2 VIP #3 VIP #4 SEATING TABLE OF 6 PERSONS EA. TOTAL = 19 X 6 = 114 SEATS -5 HANDICAP 109 NOT FIXED SEATS. 1'- 6 " P R E P A R A T I O N T A B L E 1'-912"1'-912" 4'-812" 5'- 9 5 8" SEATING BOOTH OF 6 PERSONS EA. TOTAL = 6 X 6 = 36 SEATS + 2 HANDICAP TOTAL = 36 FIXED SEATS. 4'- 4 1 2" 5'- 5 " 1'- 3 " 3'- 0 1 8" 3'- 0 1 8" 3'-1" 3'-0" OUTDOOR DINING SEATING TABLE OF 4 PERSONS E.A. TOTAL = 10 X 4= 40 SEATS -2 HANDICAP -1 SEAT TOTAL NOT FIXED SEAT= 37 4'-101116" 4'-0" 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'- 0 " 3'-0" 3'-0" 3'-0" 3'-0" 4'-318" 3'-0" 3'-0"3'-0" 4'-318" 3'-0" 3'-0" 3'-0" 3'-0" 4'-0" 4'- 2 " 7'-3" 6'- 3 5 8" 6'- 7 " 4'-378" 3'- 0 " F L O O R P L A N A-2 AN A H E I M , C A . 9 2 8 0 6 CU L I C H I T O W N & D E L L O U N G E 11 6 0 N . K R A E M E R B L V D . TI T T L E SCALE SHEET NO. DATE AUGUST 15, 2016. AS SHOWN OW N E R DATE REVISIONS NO. CONSULTING & DESIGN MIRA LOMA, CA. 91752 11548 ANTIGUA DRIVE CO N T E N T A. P . N . # 3 4 5 - 1 0 1 - 1 2 TEL. (951) 703-9864 FLOOR PLAN SCALE: 1/8"=1'-0" NUMBERED KEY NOTES 1 2 3 4 5 6 7 8 9 10 11 EXISTING GAS METER 12 13 NEW AIR CURTAIN MARS MOD. NO. LPN236-1U-08, 1800fpm NEW THREE COMP SINK 90"X24"X44.5" NEW FOOD PREP TABLES 60" (L) X 34" (D) X 40" (H) NEW ICE MAKER 48" (W) X 27" (D) NEW WORK TABLES 72"X24"X34" 52 LBS NEW NATURAL GAS FRYERS 36"(H) X 19"(W) X 46"(D) NEW NATURAL GAS RICE MAKER NEW NATURAL GAS 4 BURNER RANGE EXISTING 5' X 8' AIR CONDENSATE EXHAUST HOOD TYPE I. EXISTING ELECTRIC PANEL PROPOSED STORAGE AREA NEW TWO COMP PREPARATION SINK 57" (L) X 24" (D) X 44.5" (H) 15 EXISTING DINING AREA 16 17 NEW EXIT SIGN AND EMERGENCY EXIT LIGHT (TYP) 18 EXISTING MAIN ENTRANCE 19 20 NEW HANDWASH SINK, REGENCY, MOD. HS=12-SP, 12"X12"X9" W/SPLASHGUARD, SOAP & TOWEL DISPENSER 21 PROPOSED WALK-IN FREEZER 5'-0" X 11'-6" 22 EXISTING GUESS COUNTER W/CASHIER EXISTING PLATAFORMS TO VIP AREAS 23 EXISTING 16" X 24" COLUMN TO BE REMAIN 24 NEW BENCH SEATING 25 PROPOSED COVER PATIO 26 EXISTING STAINLESS STEEL SPLASHGUARDS 14 27 NEW JANITORAL SINK 39" (L) X 24" (D) X 44.5" (H) 28 EXISTING BLOCK WALL FENCE 5'-8" (H) 29 EXISTING IRON GATE 4' WIDE WILL BE REMOVED & CLOSED OPENING. 30 EXISTING SOFFIT WIITH LIGHTS ON TO THE BAR AREA 31 EXISTING COLD ROOM 172 23 56 NEW SINGLE BURNER 18" X 21" X 24"8 867 27 9 13 10 11 12 16 14 17 17 17 17 17 17 17 18 18 19 19 19 15 21 22 24 24 24 24 24 24 2523 23 28 28 28 28 28 29 2631 30 32 32 EXISTING WOOD SHELVE 16" (W) X 27' (L) TO BE REMAIN 33 EXISTING BAR TO BE REMAIN, WILL ONLY CHANGE THE TILE ON THE FRONT WALL FOR TRAVERTINE STONE. 33 34 EXISTING 15" X 15" COLUMNS TO BE REMAIN 34 34 24 35 35 35 REPLACE EXISTING ACRILIC EXTERIOR WINDOWS 7'-7" FOR TEMPERED 1 4" GLASS WINDOW. 36 36 EXISTING PARTITION WALL 54" (W) X 6" (D) X 10' (H) TO BE REMAIN 37 38 39 38 39 37 37 REPLACE OLD TOILETS FOR 1.6 Gpf / 6.0 Lpf WHITE MANSFIELD TOILETS. 38 REPLACE OLD LAVATORIES FOR NEW ONES 39 NEW MANUFACTURED PARTITION WALLS ON BATHROOMS 40 40 REPLACE EXISTING UNRINALS FOR 410 HE CASCADE MODEL WHITE URINAL 1.0 Gpf W/FLUSH VALVE. 41 41 GLASS SHELVES ON THE BAR WALL 42 EXISTING 4' OF TRAVERTINE STONE AROUND OF BATHROOMS WALLS 42 42 42 42 41 41 41 43 43 NEW RANGE HOOD 6' X 4' IN THE SUSHI BAR AREA 44 44 PROPOSED SUSHI BAR AREA DOOR & WINDOW SCHEDULE B B C C C C E E D 45 45 EXISTING ACOUSTIC PANEL WRAP IT WITH FABRIC IN RED COLOR, IS FOR DECORATIVE INTENTIONS 45 45 45 MAXIMUM OCCUPANT LOAD CAPACITY: 248. 46 46 PROPOSED TO OPEN ACCESS TO SUSHI BAR 3' X 80" 47 PROPOSED TO DRY AND LIQUOR STORAGE TYPE. WINDOW SCHEDULE WINDOW 7'-7" X 2'-6" SIZE 1 REMARKS EXT. TEMPERED 1/4' GLASS 1 1 TE N A N T I M P R O V E M E N T P L A N G 48 2-GLASS DOOR BACK BAR REFRIGERATOR, BEVERAGE-AIR. MOD. NO. BB68G-B, 28" X 69' X 37". 2 DOORS, 4 SHELVES, 115V/7.2 AMPS 13 HP. 48 49 NEW GRIDDLE US RANGE NAT. GAS 20,000 BTU 4 50 NEW FLOOR SINK 51 EXISTING FLOOR SINK 50 51 51 228 GAL/H63 Vhr.. TANKLESS WATER HEATER NORITZ MOD. NCC1991-DV, 199,900 BTU/NATURAL GAS 120 VOLTS, 15 PSI. H 7 52 52 DRAINBOARD/COCKTAIL/BLENDER/LIQOUR STATION KR18-W66-10 53 53 EXISTING DOOR WILL BE REMOVED & CLOSED 54 54 EXISTING DOOR WILL BE REMOVED & CLOSED OPENING EGRESS NOTES 1.Exit sign shall be internally or externally illuminated. 2.Exit sign illuminated by an external source shall have an intensity of not less than 5 foot candles (54 lux). 3.Internally illuminated signs shall be listed an labeled and shall be installed in accordance with the manufacturer's instructions and Section CBC 1011.46 CHAPTER 27. 4.Exit signs shall be illuminated at all times. 5.Exit signs shall be connected to an emergency power system that will provided an illumination of not less than 90 min. in case of primary power loss (1011.2-1011.5.3). 6.Egress doors shall be readily openable from the egress side without the use of a key or special knowledge or effort. See 1008.1.8.3 for exceptions. 7.Door handles, lock and other operable devices shall be installed at min. 34" and a max. 48"above the finished floor. 8.THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED. 9.All egress door operation shall also comply with Section 1008.1.9.7 10.The means of egress, including the exit discharge, shall be illuminated at all times the building space by the means of egress is occupied. 11.The means of egress illumination level shall not be less than 1-foot-candle at the walking surface. 12.The power supply for means of egress illumination shall normally provided by the premises' electrical supply. In the event the power supply failure, an emergency electrical system shall automatically illuminated the following areas: a.Aisles and unenclosed egress stairways in rooms and spaces that required two or more means of egress. b.Corridors, exit enclosures and exit passageways in buildings required to have two or more exits. c.Exterior egress components at other than the level until exit discharge is accomplished for buildings required to have two or more exits. d.Interior exit discharged elements, as permitted in Section 1027.1, in buildings required to have two or more exits. e.Exterior landings, as required by Section 1008.1.5 for exit discharged doorways in buildings required two or more exits. 13.The emergency power system shall provide power for a duration of not less than 90 minutes and shall consist in accordance with Section 2702. 14.Emergency lighting facilities shall be arranged to provided initial illumination that is at least an average of 1-foot candle (11 lux) and a minimum at any point of 0.1 foot candle (1 lux) measured a long a path of egress at floor level. Illumination levels shall be permitted to decline to 0.6 foot-candle (8 lux) at the end of the emergency lighting time duration. A maximum to minimum illumination to uniformity ratio of 40 to 1 shall not be exceeded. A NOTESIZEDOOR DOOR SCHEDULE TYPE. 3'-0" x 6'-8" 3'-0" x 6'-8"B 3'-4" x 6'-8"C D 3'-2" x 6'-8" DOOR-SOLID CORE, LABEL 20 MIN. RATED. SELF-CLOSING w/PANIC EXIT HARDWARE. DOOR-SOLID CORE, LABEL 20 MIN. RATED. SELF-CLOSING w/PANIC EXIT HARDWRE QTY. 1 5 EXISTING DOOR TEMPERED GLASS, WITH METAL FRAME, SELF-CLOSING W/PANIC EXIT HARDWARE. E 3'-4" x 6'-8" INTERIOR DOOR-SOLID CORE, LABEL 1 HR. MIN. RATED. SELF-CLOSING DEVICE 2 NEW EXISTING EXISTING2 2 NEW EXISTING NEW F G 4'-0" x 6'-8" 4'-0" x 6'-8" COOLER DOOR-INSULATE-SELF-CLOSING W/PANIC EXIT HARDWARE WALK-IN DOOR-INSULATE SELF-CLOSING W/PANIC EXIT HARDWARE BY MANUFACTURER . 55 55 55 55 55 55 TACTILE EXIT SIGN 56 POSTING SING OCCUPANT LOAD 56 FIRE EXTINGUISHER REQUIRED - 2A 10BC EVERY 75' DISTANCE. EMERGENCY LIGHT W/EXIT SIGN: Exit signs shall be located as necessary to clearly indicate the direction of egress travel. No point shall be more than 100' feet from the nearest visible sign. Exit sign shall be internally or externally illuminated, it shall have an intensity of not less than 5 foot candles. All exit sign shall be illuminated at all times, to ensure continued illumina- tion for duration of not less than 1-1/2 hours in case of primary power loss. EXIT FIRE NOTES F GREEN BUILDING STANDARDS 57 57 ACCESIBLE AREA 34" HEIGHT IN COMPLIANCE WITH CBC SECTION 11B-226.1 58 UNCLOSED VERTICAL PLATFORM LIFT, MOD # VPL-3300B,COMPLY W/ASME A18.1 2014 SECTION 2. 58 59 60 59 60 NEW MAKE-UP AIR MOD. 3000DD 33" X 28" X 28" NEW 2" X 6" WOOD WALL EXISTING BLOCK WALL TO BE REMAIN EXISTING 2" X 6" X WOOD WALL TO BE REMAIN WALL SCHEDULE 61 62 61 EXISTING AIR-COOLED CONDENSING UNIT, HEATCRAFT MOD NO. CH005X6 62 NEW TWO-FAN COMPRESSOR, HANDCRAFT MOD. CH15X6B, 1HP 63 63 NEW 6 FLAVORS SODA FOUNTAIN, MOD. MD-150 NOTE: Resilient Flooring Systems: At least 80% of the floor area receiving resilient flooring shall meet one of the following criteria: 1.Certified under the Resilient Floor Covering Institute (RFCI) Floor Score program. 2.Compliant with the VOC-emission limits and testing requirements specified in the California Department of Public Health's 2010 Standard Method for the Testing and Evaluation Chambers, Version 1.1, February 2010. 3.Compliant with California Collaborative for High Performance schools (CA-CHPS) Criteria Interpretation for EQ 2.2 dated July 2012 and listed in the CHPS High performance Product Database. 4.Compliant with CDPH criteria under the Green guard Children's & School program. 1.Adhesives, sealants, caulks. Adhesives and sealants used on the project shall meet the requirements of the following standards. (Section 5.504.4.1 of CALGREEN) Adhesives, adhesive bonding primers, adhesive primers, sealants, sealant primers, and caulks shall comply with local or regional air pollution control or air quality management district rules where applicable, or SCAQMD Rule 1168 VOC limits, as shown in Tables 5.504.4.1 and5.504.4.2 of Cal Green. (Sec. 5.504.4.1). 2.A letter from the contractor and or the building owner certifying what material has been used and its compliance e Code must be submitted to the building inspector. 3.Aerosol adhesives, and smaller unit sizes of adhesives, sealant or caulking compounds (in units of product, less packaging, which do not weight more than one pound and do not consist of more than 16 fluid ounces) shall comply with statewide VOC standards and other requirements, including prohibitations on use of certain toxic compounds, of California of Regulations, Title 17, commencing with Section 94507." 4.Architectural paints and coatings shall comply with Table 5.504.4.2 unless more stringent local limits apply (Section 5.504.3 of Cal Green). 5.Aerosol Paints and Coatings. Aerosol paints and coatings shall meet the Product-Weighted MIR Limits for ROC in section 94522 (a)(3) and other requirements, including prohibitions on use of certain toxic compounds and ozone depleting substances (CRR, Title 17, Section 94520 et seq.). (Section 5.504.4.3.1 of Cal Green). 6.A letter from the contractor and or the building owner certifying what paint has been used and its compliance with the Code must be submitted to the building inspector. 64 64 SIGN OF "NO SMOKING" DOOR-SOLID CORE, LABEL 20 MIN. RATED 1 1 65 EXISTING LADDER ROOF ACCESS 24" X 36" 65 EXISTING MAKE-UP AIR MOD 3000DD NOTES 50 A JUSTIFICATION FOR NOT HAVING A FULLY SPRINKLERED SYSTEM: TOTAL AREA OF EXISTING BUILDING 5,665.0 SQ. FT. AREA SEPARATION: KITCHEN AREA 498.84 SQ. FT. MEN'S RESTROOM 577.60 SQ. FT. TOTAL SEPARATION: 1,076.44 SQ. FT. TOTAL BUILDING AREA - 5,665.0 SQ. FT. 4,588.56 SQ. FT. < 5,000.0 SQ. FT. PER CODE BUILDING LESS THAN 5,000 SQ. FT. NEED TO FIRE SPRINKLERED IN THE SALE OF LIQUOR. EXITS: 1.All exit doors shall be openable from the inside without the use of a key, or any special knowledge or effort. No dead bolts, sliding bolts, etc....... 2.Provide lever type hardware for all passage doors accessible to the handicapped. MISCELLANEOUS: 3.Interior wall and ceiling finishes shall not exceed a flame spread of 200 (class III rating). Interior wall and ceiling finishes for corridors shall not exceed a flame spread of 75 (class II rate). Interior finishes and combustible decorative materials shall comply with CFC 801. 4.Provide an approved manual/automatic fire alarm system. Plans for the fire alarm system shall be submitted to the Anaheim Fire Prevention Division prior installation. CFC 901 5.Provide Occupant Load Calculations and Posting of room capacity. CFC 250.1.16.1 6.The use of combustible decorative materials shall comply with CFC Section 1103.3.3 7.Storage use or dispensing of hazardous materials, as defined by the fire code, shall comply with CFC Article 80. 8.Provide means of egress illumination in accordance with CFC 1006. 9.Provide an approved fire suppression system for the kitchen hood. Plans for the fire suppression system shall be submitted to the Anaheim Fire Prevention Bureau prior to installation. CFC 904. A 66 LOCKERS FOR EMPLOYEES NOTE: ONE LIFT FOR EVERY 20 PERSONS ON VIP AREAS. VIP AREAS 35 PERSONS = 1 LIFT. 5% OF NOT FIXED SITING AREA FOR HANDICAP: 138 SEATS X 5% = 7 HANDICAP SPACES. TOTAL SQ. FT. ON NOT FIXED SEATS DIVIDED 15: 2,070 SQ. FT. / 15 = 138 NOT FIXED SEATS. 66 NOTE: OVERHEAD AIR CURTAIN SHALL BE DOOR ACTIVATED BY MICRO-SWITCH (AIR VELOCITY >=1600 fpm). 67 67 WORK TABLE, PREMIUM SERIES MOD. NO. TSS-245 48" X 24" X 34" EXISTINGH3'-0" x 6'-8"1SWING DOOR-SOLID CORE, LAB. 1 HR. MIN. RATED. SELF-CLOSING DEVICE. 49 EXISTING 1 HR. RATED FIRE WALL PROPOSED NEW 1 HR. RATED FIRE WALL 51 20 20 44-3/4" X 94-1/4"2 EXISTING WINDOW 2 RE S T A U R A N T 19 68 ATM MACHINE 68 46" X 47"3 EXISTING WINDOW 3 54 69 69 50" HD VIZIO TV 11B-207.2 Platform lifts. Standby power shall be provided for platform lifts permitted by Chapter 10, Section 1007.5 to serve as a part of an accessible means of egress. To ensure continued operation in case of primary power loss, platform lifts shall be provided with standby power or with selfrechargeable battery power that provides sufficient power to operate all platform lift functions for a minimum of five upward and downward trips. 11B-902.3 Height. The tops of dining surfaces and work surfaces shall be 28 inches (711 mm) minimum and 34 inches (864 mm) maximum above the finish floor or ground. 11B-902.4.2 Height. The tops of tables and counters shall be 26 inches (660 mm) minimum and 30 inches (760 mm) maximum above the finish floor or ground. 11B-903.4.2 Floor. Where attached to the floor, benches shall provide for back support. (end underline) Back support shall be (begin strikeout) 42 (end strikeout) (begin underline) 48 (end underline) inches ((begin strikeout) 1065 (end strikeout) (begin underline) 1219 (end underline) mm) long minimum and shall extend from a point 2 inches (51 mm) maximum above the seat surface to a point 18 inches (455 mm) minimum above the seat VXUIDFH%DFNVXSSRUWVKDOOEHòLQFKHV PP maximum from the rear edge of the seat measured horizontally. 11B-904.3.4 Identification Sign. When not all check-out aisles are accessible, accessible check-out aisles shall be identified by a sign clearly visible to a person in a wheelchair displaying the International Symbol of Accessibility complying with 11B-703.7.2.1. The sign shall be a minimum of 4 inches by 4 inches (102 mm by 102 mm). 11B-411.2.1.4.1.2 IDENTIFICATION. BUTTONS SHALL BE IDENTIFIED BY RAISED CHARACTERS AND SYMBOLS, WHITE ON A BLACK BACKGROUND, COMPLYING WITH SECTION 11B-703.2 AND BRAILE COMPLYING WITH SECTION 11B-703.3. IDENTIFICATION SHALL BE PLACED IMMEDIATLY TO THE LEFT OF THE CONTROL BUTTON TO WHICH THE DESIGNATION APPLIES. ADA'S NOTES NOTE: EA. ROW OF LOCKERS CONTAIN 5 LOCKERS FOR 20 EMPLOYEES: 10 EMPLOYEES FIRST SHIFT 10 EMPLOYEES SECOND SHIFT 10 LOCKERS PER SHIFT. 70 70 GREASE INTERCEPTOR GOSLYN LP, MOD. # GOS40 LBS. GREASE CAP. 20, FLOW RATE G.P.M. 10 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.