PC 2016/11/14
City of Anaheim
Planning Commission
Agenda
Monday, November 14, 2016
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Chairperson: Mitchell Caldwell
Chairperson 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
Public Comments
Consent Calendar
Public Hearing Items
Commission Updates
Discussion
Adjournment
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning and Building
Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff
report is also available on the City of Anaheim website www.anaheim.net/planning on
Thursday, November 10, 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
11-14-2016
Page 2 of 6
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional
Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and
Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk,
accompanied by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public
hearing before the City Council at the earliest possible date. You will be notified by the City
Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in a written correspondence delivered to the Planning Commission or City Council at,
or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M.
Public Comments
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or provide public comments on agenda items with the
exception of public hearing items.
Consent Calendar
There will be no separate discussion on the item prior to the time of the voting on the motion
unless members of the Planning Commission, staff, or the public request that the item be
discussed and/or removed from the Consent Calendar for separate action.
Reports and Recommendations
ITEM NO. 1A
CONDITIONAL USE PERMIT NO. 2013-05690A
(DEV2013-00087)
Location: 907 South Beach Boulevard
Request: The applicant requests a determination of
substantial conformance by the Planning Commission
to approve amended exhibits for a previously-approved
community center and banquet hall.
Motion
Project Planner:
Lindsay Ortega
lortega@anaheim.net
11-14-2016
Page 3 of 6
Public Hearing Items
ITEM NO. 2
VARIANCE NO. 447A
(DEV2016-00046)
Location: 300 South East Street
Request: The applicant requests an amendment to a
previously-approved variance to remove service station
fuel tanks and dispensers and to permit and retain an
existing automotive repair facility.
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:
Nick Taylor
njtaylor@anaheim.net
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2015-05851
VARIANCE NO. 2016-05079
(DEV2015-00136)
Location: 558 South Rose Street
Request: The following land use entitlements are
being requested: (i) a conditional use permit to permit
and retain an existing automotive repair facility; 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
11-14-2016
Page 4 of 6
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 2016-05884
(DEV2016-00084)
Location: 2368 East Orangethorpe Avenue
Request: The applicant requests to permit and retain
an existing Brazilian Jiu Jitsu studio within a multi-
tenant industrial complex.
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
ITEM NO. 5
CONDITIONAL USE PERMIT NO. 2016-05886
VARIANCE NO. 2016-05080
(DEV2016-00101)
Location: 1088 North Tustin Avenue
Request: The following land use entitlements are
being requested: (i) a conditional use permit to permit
an indoor entertainment facility (known as an “escape
room”) within an existing office building; and (ii) a
variance to permit fewer parking spaces than required
by the Zoning Code (3 of Coin).
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:
Amy Vazquez
avazquez@anaheim.net
11-14-2016
Page 5 of 6
ITEM NO. 6
PARCEL A
DEVELOPMENT AGREEMENT NO. 2016-00005
CONDITIONAL USE PERMIT NO. 2016-05860
VARIANCE NO. 2016-05066
DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2016-00131
(DEV2016-00015)
Location: 2210 & 2220 East Orangewood Avenue
Request: The following land use entitlements are being
requested: (i) a development agreement between the City
of Anaheim and Golden Road Brewing; (ii) a conditional
use permit to permit the construction of a brew pub to
include an event space and an outdoor dining and
recreational area with on and off-premises sales and
consumption of alcoholic beverages; (iii) a variance to
permit fewer parking spaces than required by the Zoning
Code; and (iv) a determination of public convenience or
necessity to permit a brew pub with on and off-premises
sales and consumption of alcoholic beverages.
Environmental Determination: The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California
Environmental Quality Act and Guidelines as a Class 32
(In-Fill Development Projects) Categorical Exemption.
PARCEL B
CONDITIONAL USE PERMIT NO. 2016-05890
(DEV2016-00015)
Location: 2130 East Orangewood Avenue
Request: To permit off-site parking at 2130 East
Orangewood Avenue for a brew pub proposed at 2210
and 2220 East Orangewood Avenue.
Environmental Determination: The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California
Environmental Quality Act and Guidelines as a Class 32
(In-Fill Development Projects) Categorical Exemption.
Motion
Request for continuance
to November 28, 2016
Project Planner:
Amy Vazquez
avazquez@anaheim.net
Adjourn to Monday, November 28, 2016 at 5:00 p.m.
11-14-2016
Page 6 of 6
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
1:00 p.m. November 9, 2016 (TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
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200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 1A
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 14, 2016
SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05690A - REQUEST FOR
DETERMINATION OF SUBSTANTIAL CONFORMANCE
LOCATION: 907 South Beach Boulevard (Arab American Community Center)
APPLICANT/PROPERTY OWNER: The applicant is Max Aranki, representing the
property owner, the Arab American Community Center.
REQUEST: The applicant is requesting a determination of substantial conformance by
the Planning Commission to approve amended exhibits for a previously-approved
community center and banquet hall.
RECOMMENDATION: Staff recommends the Planning Commission determine that
the revised exhibits are in substantial conformance with the original approval.
BACKGROUND: The 1.28-acre project site is developed with a 13,600 square foot
commercial building that was formerly occupied by a Denny’s restaurant. The property
is located in the General Commercial (C-G) zone and is designated for Corridor
Residential land uses by the General Plan. Surrounding land uses include apartments to
the east across Beach Boulevard, motels to the north and south, and single family
homes to the west. In 2014, the Planning Commission approved Conditional Use
Permit 2013-05690 to establish a community center and banquet facility in the existing
commercial building. The Commission also approved a Type 47 (On Sale General –
Eating Place) alcoholic beverage license in conjunction with the proposed use.
PROPOSAL: The applicant is requesting to amend the previously-approved exhibits
in conjunction with the CUP. The original approval included major interior and
exterior improvements to the property, such as new asphalt pavement and parking
striping, installation of a landscaped planter along Beach Boulevard, the installation of
an eight-foot high wall along the rear property line adjacent to the single family homes
(including an adjacent five foot wide landscape planter), and a major interior and
exterior remodel of the existing building. Due to financial constraints, the applicant is
requesting to amend the previously-approved CUP exhibits to permit the use of the
existing building as a community center and banquet hall without the completion of the
interior and exterior remodel originally proposed.
CONDITIONAL USE PERMIT NO. 2013-05690A
November 14, 2016
Page 2 of 3
To date, the applicant has completed the construction of the eight-foot high wall along the rear
property line, as well as the resurfacing and restriping of the parking lot. The applicant
submitted a letter indicating that the landscape planter along the rear property line would be
improved with a new irrigation system within the next six months, as well as improvements to
the front landscape planter adjacent to Beach Boulevard, including the removal of the two 4-foot
high freestanding directional signs located adjacent to both driveways along Beach Boulevard.
The previously-approved interior remodel included a banquet hall and community center with
three major components. The new proposal would retain these three uses, which includes a
library, classroom space, and a banquet hall; however, due to financial constraints, the applicant
now proposes to use the existing floor plan layout which would reduce the approved banquet hall
size from 5,000 square feet to 3,500 square feet with minimal tenant improvements. Below is a
chart which compares all of the uses within the building (approved and proposed):
Staff recently contacted a neighbor who expressed concerns to the Planning Commission at the
February 24, 2014 public hearing when the project was originally approved. The neighbor’s
property is located behind the subject site along Hayward Street. The neighbor expressed
concerns regarding compliance with all originally established conditions of approval, especially
regarding the installation of the required five foot wide landscaped planter along the rear
property line. The neighbor indicated that the adjacent residential properties would be impacted
by potential loitering and disruptions that the banquet hall would have on their properties and
requested the construction of an 8-foot high wall and landscape buffer as a way to mitigate the
potential impacts on their properties. The applicant has submitted a letter indicating that the
landscaped planter will be completed (including an irrigation system) within 6 months of this
approval. Based on the applicant’s commitment to installing the landscape planter and irrigation
system within 6 months of this approval, as well as the applicant demonstrating an effort to
comply with all other conditions of approval, staff supports the applicant’s request to amend the
previously-approved exhibits.
Approved
Use Approved Activities Approved
Hours
Approved
Size
Proposed
Size
Library
Educational programs,
poetry readings, research/
study
10:00 a.m. - 8:00
p.m. 3,500 s.f. 3,500 s.f.
Classroom
Music recitals, dance
classes, language classes,
after school programs
10:00 a.m. - 8:00
p.m. 1,500 s.f. 1,500 s.f.
Banquet Hall
Weddings, parties with
catered food (to include
alcoholic beverages),
cultural events, business
fairs, community events
10:00 a.m. -
10:00 p.m. 5,000 s.f. 3,500 s.f.
CONDITIONAL USE PERMIT NO. 2013-05690A
November 14, 2016
Page 3 of 3
ANALYSIS: The Zoning Code permits banquet facilities and community centers, including the
service of alcoholic beverages for on-premises consumption, in this zone subject to the approval
of a conditional use permit in order to determine compatibility with surrounding land uses. This
substantial conformance request, however, only includes the amendment of previously-approved
exhibits; the community center, library, and banquet hall would operate in the same manner in
which the original proposal was approved, and all originally-approved conditions of approval
would remain. Some of these conditions include the following to ensure that the impacts of the
banquet hall on surrounding properties are minimized:
Employees shall monitor the rear parking lot to deter loitering and alcohol consumption
outside the facility during banquet events;
No programmed activities are to occur outside of the building and the rear doors shall
remain closed at all times;
All banquet events shall end no later than 10:00 p.m.; and
The collection of a cover charge for the general public to attend events shall not be
permitted.
All previously-approved conditions of approval would remain unchanged. The applicant has
expressed that the intent would be to return in the future to complete the original exterior remodel
once sufficient funding is available. To ensure that these improvements are completed as
originally proposed, staff recommends that a compliance review be scheduled six months from the
date of this meeting (in May 2017).
CONCLUSION: This substantial conformance request, as proposed, would result in a facility
being operated in a manner that is similar to what was approved in 2014 and would continue to be
compatible with the surrounding area. The proposed use would also be consistent with the
property’s commercial zone designation which is intended to support a variety of commercial uses
that support the surrounding community. Staff recommends approval of the requested amendment
to the approved exhibits, as well as requiring the applicant to return to the Planning Commission
for a six month compliance review to ensure all conditions of approval have been met.
Prepared by, Submitted by,
Lindsay Ortega Jonathan E. Borrego
Contract Planner Planning Services Manager
Lilley Planning Group
Attachments:
1. Original Planning Commission Staff Report – February 24, 2014
2. Planning Commission Resolution PC2014-023
3. Plans
4. Applicant’s Letter of Request
C-GRESTAURANT
RS-2SINGLE FAMILY RESIDENCE
C-GRETAIL
C-GRELIGIOUS USE
C-GECONOMY INN
C-GVILLA INN
C-GRESTAURANT
C-GSERVICE STATION
C-GROYAL PACIFIC INN
C-GANAHEIM LODGE RM-4COBBLESTONEAPARTMENTS34 DU
C-GRETAIL
C-GMOTEL MOONLIGHT
RM-4COBBLESTONEAPARTMENTS30 DU
RM-4SINGLE FAMILY RESIDENCE
RS-2SINGLE FAMILY RESIDENCE
C-GMEDICAL OFFICE
C-GTRAVEL INN MOTEL
C-GRAMADA LIMITED
C-GRAINBOW INN
C-GCOVERED WAGON MOTEL
C-GLYNDY'S MOTEL
RM-2CONDOS.12 DU
SINGLE FAMILY RESIDENCE
C-GRETAIL
RM-4LYNROSE MANORAPARTMENTS72 DU
RS-2SINGLE FAMILY RESIDENCE
C-GSAHARA MOTEL
C-GRETAILC-GRETAIL
RS-2SINGLE FAMILY RESIDENCE
RS-2SINGLE FAMILY RESIDENCE
RM-4STONYBROOKAPARTMENTS56 DU
C-GROBIN HOOD MOTEL
T (MHP)ANAHEIMMOBILEESTATES
W BALL RD
S B E A C H B L V D
S B E A C H B L V D
S H A Y W A R D S T
W ROME AVE
W GLEN HOLLY DR
W TERANIMAR DR
W LYNROSE DR
S O A K C R E S T P L
W ROME AVE
W LYNROSE DR
W. BALL RD
W. ORANGE AVE
S . D A L E A V E
S . K N O T T A V E
. CERRITOS AVE
S . M A G N O L I A A V E
S . W E S T E R N A V E
W. BROADWAY
907 South Beach Boulevard
DEV No. 2013-00087
Subject Property APN: 079-893-33
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:May 2012
W BALL RD
S B E A C H B L V D
S B E A C H B L V D
S H A Y W A R D S T
W ROME AVE
W GLEN HOLLY DR
W TERANIMAR DR
W LYNROSE DR
S O A K C R E S T P L
W ROME AVE
W LYNROSE DR
S M A R I N C T
W. BALL RD
W. ORANGE AVE
S . D A L E A V E
S . K N O T T A V E
. CERRITOS AVE
S . M A G N O L I A A V E
S . W E S T E R N A V E
W. BROADWAY
907 South Beach Boulevard
DEV No. 2013-00087
Subject Property APN: 079-893-33
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:May 2012
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139 Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 6
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: FEBRUARY 24, 2014
SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05690
LOCATION: 907 South Beach Boulevard (Arab American Community Center)
APPLICANT/PROPERTY OWNER: The applicant is Max Aranki, representing
the property owner, the Arab American Community Center.
REQUEST: The applicant is requesting approval of a conditional use permit to
allow a community center and banquet hall within an existing commercial building,
including the on-site consumption of alcoholic beverages.
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. 2013-05690.
BACKGROUND: The 1.28-acre project site is developed with a 13,600 square foot
commercial building that was formerly occupied by a Denny’s restaurant. The
property is located in the General Commercial (C-G) zone and is designated for
Corridor Residential land uses by the General Plan. Surrounding land uses include
apartments to the east, across Beach Boulevard; motels to the north and south; and
single family homes to the west.
PROPOSAL: The applicant is proposing to establish a community center and
banquet facility in an existing commercial building. The applicant is also requesting a
Type 47 (On Sale General – Eating Place) alcohol beverage license in conjunction
with the proposed use. The proposed community center would include the following
three major components:
Use Size Activities Hours
Library 3,500 s.f. Educational programs, poetry
readings, research/ study 10:00 a.m. - 8:00 p.m.
Classroom 1,500 s.f. Music recitals, dance classes,
language classes,
after school programs
10:00 a.m. - 8:00 p.m.
Banquet Hall 5,000 s.f. Weddings, parties with catered
food (to include alcoholic
beverages), cultural events,
business fairs, community events
10:00 a.m. - 10:00 p.m.
ATTACHMENT NO. 1
CONDITIONAL USE PERMIT NO. 2013-05690
February 24, 2014
Page 2 of 3
Major interior and exterior improvements to the property are proposed. Interior improvements
include the construction of the three primary activity spaces described in the previous table and
the construction of a small kitchen; however, no expansion to the building is proposed. Proposed
exterior improvements include new asphalt pavement and parking striping, installation of a
landscaped planter along Beach Boulevard, and a major interior and exterior remodel of the
existing building. The applicant also proposes to install an eight-foot high wall/wrought iron
fence along the rear property line adjacent to the single family homes; this barrier would consist
of a six-foot high block wall and a two-foot high wrought iron “Shepherd’s Hook” on top of the
block wall.
ANALYSIS: The Zoning Code permits banquet facilities, including the service of alcoholic
beverages for on-premises consumption, in this zone subject to the approval of a conditional use
permit in order to determine compatibility with surrounding land uses. In order to mitigate
impacts to surrounding properties, employees will monitor the rear parking lot to deter loitering
and alcohol consumption outside the facility during banquet events. In addition, no programmed
activities will occur outside of the building and the rear doors will remain closed at all times. An
eight foot high wall will be constructed along the rear property line to provide a buffer adjacent
to the single family homes. All banquet events would end no later than 10:00 p.m. The
collection of a cover charge for the general public to attend events would not be permitted. All
of these operational limits are included as conditions of approval in the attached draft resolution.
In addition, the applicant would be required to submit a security plan to the Police Department
prior to commencement of banquet events. The project complies with all applicable
development standards including the required number of parking spaces as described in greater
detail below.
The site contains a total of 100 parking spaces and the facility would require 70 spaces during
peak hours when the banquet hall is fully occupied. The applicant proposes to host up to 192
attendees in the banquet hall based on the number of tables and chairs shown on the submitted
floor plan. The parking requirement for this number of attendees is 60 spaces based on an
assumed 3.18 patrons per car. Although the Zoning Code does not specify a parking standard for
banquet facilities, this ratio is consistent with the parking standard applied to other banquet
facilities throughout the city. In addition, the banquet facility will have up to 10 employees on-
site during peak event periods, for a total demand of 70 spaces for the banquet facility. Because
the site will provide 100 parking spaces, there will be ample parking available to accommodate
up to 286 patrons and 10 employees at the banquet facility, provided that the library and
classrooms do not host events concurrently with the banquet hall. A condition of approval
limiting banquets to no more than 286 attendees when the other on-site uses are inactive is also
included in the draft resolution.
The Anaheim Police Department indicates that this property is located within Census Tract No.
869.02 which has a population of 5,614. This census tract allows for six on-sale licenses and
presently there is one license within the tract. This location is also within Police Reporting
District 1815 which is 178 percent above the city average in crime. As detailed in the attached
Police Department memorandum, the crime rate within ¼ mile of this property is 628 percent
above the city average. The calls for service within the surrounding area were primarily related
to drug abuse violations, petty thefts, simple assaults, prostitution, and vandalism. These calls
CONDITIONAL USE PERMIT NO. 2013-05690
February 24, 2014
Page 3 of 3
were not related to this property as the site has been vacant for several years. There are no
outstanding Code Enforcement violations associated with the subject property. As mentioned
above, in order to mitigate impacts to surrounding properties, staff recommends conditions of
approval which would require the applicant to submit a security plan to the Police Department
prior to commencement of banquet events. In addition, to deter loitering and alcohol
consumption outside the facility during banquet events, no programmed activities will occur
outside of the building, the rear doors will remain closed at all times, all banquet events would
end no later than 10:00 p.m., and adequate lighting and security alarm/cameras will be provided
in the rear parking lot area.
Neighborhood Outreach: The applicant hosted a community meeting with neighborhood
residents on December 18, 2013. Approximately eight neighbors attended the meeting. The
applicant provided a comprehensive overview of the project to the neighbors. The neighbors
expressed concerns regarding potential noise and loitering in the rear parking lot, late night hours
for the banquet hall, sufficient parking for large events, crime along the Beach Boulevard
corridor, and the need for a new eight foot high wall along the rear property line to provide an
adequate buffer for the homes.
CONCLUSION: This use, as proposed, would be operated in a manner that is compatible with
the surrounding area. The proposed use is also consistent with the property’s commercial zone
designation which is intended to support a variety of commercial uses that support the
surrounding community. Staff recommends approval of the requested conditional use permit,
subject to recommended conditions of approval contained in the attached draft resolution.
Prepared by, Submitted by,
David See Jonathan E. Borrego
Senior Planner Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Resolution
3. Applicant’s Letter of Operation
4. Police Department Memorandum
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Department at City Hall or on the City of Anaheim’s web site at
www.anaheim.net/planning.
5. Site Photographs
6. Site and Floor Plans
AT
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ATTACHMENT NO. 3
907 S. Beach Blvd.
Anaheim, CA 92804
TEL: (562) 788-0982
November 4, 2016
City of Anaheim
Planning Department
RE:
907 S. Beach Blvd. Anaheim, CA
Arab American Community Center
Dear Sir/Madam:
Within the six-month period, the Arab American Community Center (AACC) will work on cleaning
the front lawn of the property from any access and not needed signs.
We will continue to maintain a greener landscape in the front of the building and will plant the
planter in the back end of the parking lot alongside the 8-foot wall. In addition, an irrigation system
will be put in place with automatic timer.
The Arab American Community Center will do all the necessary required tasks to help better the
health and safety of the community.
Thank you,
Max Haitham Aranki
562-788-0982
AACC is a non-profit tax deductable 501 (C) 3 organization Tax ID#: 47-0873790
ATTACHMENT NO. 4
907 S. Beach Blvd.
Anaheim, CA 92804
TEL: (562) 788-0982
October 14, 2016
City of Anaheim
Planning Department
RE:
907 S. Beach Blvd. Anaheim, CA
Arab American Community Center
Dear Sir/Madam:
The Arab American Community Center (AACC) would like to use the existing property on 907 S.
Beach Blvd. Anaheim, CA as a community center for the Arab American Community living in
Southern California.
It is proposed that this facility will serve three purposes to the public, which are; classes, a library,
and a banquet hall. The community center is programmed to open 3500 square feet for the library,
1500 square feet for classes, and 3500 square feet for the banquet hall.
The AACC proposes current activities which include, but not limited to cultural events, with a wide
array of educational and artistic programs, including Arabic music recitals, Arabic poetry readings,
discussions of Arabic literature, Folkloric “Dabkeh” dance classes, as well as classes in the various
Arabic dialects. These classes will be held from 10AM to 8PM and will be opened to the entire
public from ages 9 and above.
The AACC also serves as a physical location for a library containing wide variety of Arabic books
and encyclopedia with open access during regular day and weekend hours. The library hours will
also be from 10AM to 8PM.
AACC also proposes a banquet hall to be used for Weddings with ABC license, Cultural Events,
Business Fairs, and Non Profit Event Public Welfare. The Banquet Hall will carry on one hour after
the rest of the building, having events end at 10PM.
All events occurring in the AACC will be under constant surveillance and security will be in and out
of the center to avoid any problems and disturbances.
The cultural community center will be a positive addition to the community and it will improve
the existing areas health and safety operations.
AACC is a non-profit tax deductable 501 (C) 3 organization Tax ID#: 47-0873790
907 S. Beach Blvd.
Anaheim, CA 92804
TEL: (562) 788-0982
Finally, the AACC has as a central goal, the education of Americans as a whole to the positive
contributions of Arabs throughout history, as well as the continued contributions of Arab Americas
in the local community. Future plans include the building of a cultural section that will house
historical and cultural artifacts of the Arabic community, both in native Arabic countries as well as
in Arab‐American communities.
The approval of this community center, will greatly benefit the local community and will only have
positive effect on the health and safety of the citizens of Anaheim.
Please do not hesitate to contact us if additional information is needed.
Thank You,
Max Haitham Aranki
President
Arab American Community Center (AACC)
AACC is a non-profit tax deductable 501 (C) 3 organization Tax ID#: 47-0873790
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. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 14, 2016
SUBJECT: VARIANCE NO. 447A
LOCATION: 300 South East Street (Anaheim Service Station)
APPLICANT/PROPERTY OWNER: The property owner and business owner is
Gabriel Morales and the applicant is Harry Heady of Heady Design & Associates.
REQUEST: The applicant requests approval of an amendment of a previously-
approved variance to remove service station fuel tanks and dispensers in conjunction
with an existing automotive repair facility.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt from further
environmental review under the California Environmental Quality Act (Class 1,
Existing Facilities) and approving Variance No. 447A.
BACKGROUND: The 0.29-acre property is currently developed with an automotive
service station and repair facility. The property is located in the “RM-3” Multiple-
Family Residential zone and the General Plan designates the property for Low-
Medium Residential land uses. The surrounding land uses include single-family
residential to the north (across Broadway) and west (across East Street), multi-family
residential (duplex) to the east, and multi-family residential (apartments) to the south.
The existing automotive service station and repair facility were allowed by a land use
variance originally approved in 1955. In 1997, the Planning Commission considered
modification or revocation of the variance due to code enforcement violations, and
later added a three year time limitation. In 2001 and 2005, the Planning Commission
granted time extensions. In 2009, the Planning Commission found the facility to be
operating in compliance with all conditions and reinstated the variance and amended
the conditions of approval to remove the time limitation. One of the conditions
required the primary use to be gasoline sales in accordance with the original variance
approval.
PROPOSAL: The applicant proposes to demolish and remove the existing
underground fuel tanks and fuel dispensers. No changes are proposed to the existing
automotive repair facility. The applicant also proposes to install new landscape
planters along both street frontages and repave and restripe the parking lot to include a
total of four parking spaces plus two interior spaces in the existing service bays; Code
requires a minimum of five parking spaces on site.
VARIANCE NO. 447A
November 14, 2016
Page 2 of 4
SITE PLAN
FINDINGS AND ANALYSIS:
Variance: Before the Planning Commission may approve an amendment to a “Use Variance”, it
must make a finding of fact, by resolution, that the evidence presented shows that all of the
conditions set forth in subsections .020 through .050, inclusive, of Section 18.66.060 (Findings)
of Chapter 18.66 (Conditional Use Permits) exist.
1) 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;
2) 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;
VARIANCE NO. 447A
November 14, 2016
Page 3 of 4
3) 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,
4) 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 use variance was a prior land use practice that granted approval of a use that may have deviated
from the Zoning Code and would have otherwise been unpermitted. Use variances are no longer
allowed under State law. The Zoning Code now contains provisions to process use variances
similar to conditional use permits, with the same findings necessary for modification.
The prior approval of the use variance required gasoline sales to be the primary use of the
business. The owner no longer proposes to sell gasoline, but instead proposes to retain the
existing automotive repair facility, which would become the primary use. The underground
storage tanks would be removed and regulated by Orange County Health Care Agency and
Anaheim Fire Department. Additionally, the project would include site improvements such as
new landscape planters along both frontages and new parking lot paving and striping. The
modifications are not anticipated to have any adverse impact on the surrounding area, since the
existing repair facility would be maintained as it is currently operating. In fact, the elimination of
the fuel sales reduces the intensity of the uses on site. Further, the minimum number of parking
spaces would be provided and the new landscape planters would bring the property more into
conformance with Code requirements.
Conditions of approval to ensure that the business is operated in a responsible manner have been
included in the draft resolution. These conditions include the following:
o All vehicles parked overnight shall be parked in a designated space and shall be operable,
or shall be stored indoors;
o Trash shall be stored in a trash enclosure except on pick-up day;
o The donation bin shall be removed;
o No canopies, awnings, or similar types of overhead shade coverings for the purpose of
providing an area for outdoor work or any other outdoor activity associated with this
business shall be permitted anywhere on the property;
o The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. daily;
o No above ground propane tanks shall be permitted; and
o Within 180 days of the date of this approval, the underground storage tanks and the fuel
dispensers shall be demolished and removed in compliance with State, Federal and local
laws governing such work.
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.
VARIANCE NO. 447A
November 14, 2016
Page 4 of 4
CONCLUSION: The removal of the fuel tanks and dispensers in conjunction with an existing
automotive repair facility would be compatible with the adjacent residential uses. The applicant
also proposes to provide aesthetically pleasing improvements to the site such as parking lot
repaving and restriping and new landscape planters. Therefore, staff believes that the request to
modify the use variance to retain the automotive facility is a suitable land use for this location
and recommends approval of the project, subject to the recommended conditions of approval.
Prepared by, Submitted by,
Nick Taylor Jonathan E. Borrego
Associate Planner Planning Services Manager
Attachments:
1. Draft Variance Resolution
2. Planning Commission Resolution No. PC2009-031
3. Letter of Request
4. Plans
5. Site Photographs
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DEV No. 2016-00046
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DEV No. 2016-00046
Subject Property APN: 037-181-23
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[DRAFT] ATTACHMENT NO. 1
- 1 - PC2016-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING VARIANCE NO. 447A AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2016-00046)
(300 SOUTH EAST STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Variance No. 447A to amend a variance
to allow the existing fuel tanks and dispensers to be demolished and removed and to retain an
automotive repair facility as the primary land use (the "Proposed Project") on certain real
property located at 300 South East 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 0.29 acres in size and is currently
developed as a gasoline service station and accessory automotive repair facility, which is a legal,
non-conforming use. The Anaheim General Plan designates the Property for Low Medium
Density Residential land uses. The Property is located in the “RM-3" 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, on December 20, 1955, the Anaheim City Council adopted Resolution
No. 3043 granting Variance No. 447 to construct a gasoline service station at the Property; and
WHEREAS, on October 13, 1997, the Planning Commission initiated a public
hearing to consider modification or revocation of Variance No. 447 following the issuance of
several Code Enforcement Notices of Violation and the receipt of complaints regarding
operations at the Property. Following a public hearing held on March 16, 1998, the Planning
Commission, by adoption of its Resolution No. PC98-32, amended, in its entirety, the conditions
of approval of the above mentioned Resolution No. 3043 including the imposition of a time
limitation upon the use of the Property as a gasoline service station with accessory automotive
repair for a period of three (3) years to expire on March 16, 2001; and
WHEREAS, on February 12, 2001, the Planning Commission, by adoption of its
Resolution No. PC2001-22, reinstated Variance No. 447 to retain the gasoline service station
with accessory automotive repair for a period of three (3) years, including the amendment of
conditions of approval in Resolution No. 3043, as amended by Resolution PC98-32; and
WHEREAS, on January 12, 2004, the Planning Commission, by adoption of its
Resolution No. PC2004-4, reinstated Variance No. 447 to retain the gasoline service station with
accessory automotive repair for a period of five (5) years, to expire on March 16, 2009, including
the further amendment of the conditions of approval in Resolution No. 3043, as amended by
Resolutions Nos. PC98-32 and PC2001-22; and
- 2 - PC2016-***
WHEREAS, on March 16, 2009, the Planning Commission, by the adoption of its
Resolution No. PC2009-31, reinstated Variance No. 447 to retain a previously-approved gasoline
service station and accessory automobile repair facility and deleted the condition of approval
pertaining to a time limitation on the use of the Property for such use; and
WHEREAS, by the adoption of Ordinance No. 6382 on October 18, 2016, the City
Council of the City of Anaheim amended Title 18 (Zoning) of the Code to permit a previously-
approved Use Variance, such as Variance No. 447, to be amended provided that the Planning
Commission is able to find and determine upon the basis of evidence presented that all of the
conditions set forth in subsections .020 through .050, inclusive, of Section 18.66.060 (Findings)
of Chapter 18.66 (Conditional Use Permits) of Title 18 (Zoning) of the Code exist.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 14, 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 Variance No.
447A, 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
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
Variance No. 447A, does find and determine the following:
1. The proposed variance to permit "Automotive – Repair & Modification" as
the primary use with the demolition and removal of existing fuel tanks and dispensers, and 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. While the legal non-conforming
use will continue, a portion of its former use as a service station offering gasoline sales to
members of the general public will be eliminated.
2. The size and shape of the site for the use is adequate to allow the full
development of the "Automotive – Repair & Modification" use in a manner not detrimental to
the particular area or to the health and safety because the facility is located within an existing
- 3 - PC2016-***
commercial property that provides a sufficient number of on-site parking spaces; and vehicle
circulation will be in accordance with the plans and materials submitted.
3. The traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area because the number of
vehicles entering and exiting the site 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. In fact, as a result of the elimination of the ability to sell gas will ensure
that traffic to and from the Property will not increase in the future should the owner of the
business elect to reinstitute gas sales.
4. The granting of the variance under the conditions imposed will not be detrimental
to the health and safety of the citizens of the City of Anaheim. While the use is a legal
nonconforming use, it has existed since 1955 and will continue, under the conditions imposed, to
operate in an environmentally cleaner condition and with a reduction in the number of vehicular
trips to and from the Property.
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.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Variance No. 447A, 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 Variance No. 447A 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.
- 4 - PC2016-***
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 14, 2016. Said resolution shall be and become effective as of and on
November 17, 2016 and 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.
CHAIRPERSON, 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 November 14, 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 14th day of November, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2016-***
- 6 - PC2016-***
EXHIBIT “B”
VARIANCE NO. 447A
(DEV2016-00046)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1 Vehicles parked outside shall only be parked in designated parking
spaces and shall be fully operational; and, no outdoor work of any
kind (including any operation where only part of the car is located
inside the building, except for smog checks) shall be conducted on
the property.
Planning and Building
Department
Code Enforcement
Division
2 Landscaping consisting of trees, shrubs, groundcover and
flowering plants shall be maintained in the landscape planters.
Clinging vines shall be installed and maintained adjacent to all
perimeter masonry walls and trash enclosure walls visible to the
public rights-of-way.
Planning and Building
Department
Code Enforcement
Division
3 No canopies, awnings, or similar types of overhead shade
coverings for the purpose of providing an area for outdoor work or
any other outdoor activity associated with this business shall be
permitted anywhere on the property.
Planning and Building
Department
Code Enforcement
Division
4 Trash storage areas shall be provided and maintained in a location
Public Works acceptable to the Public Works Department and in
accordance with approved plans on file with said Department.
Such information shall be specifically shown on the plans
submitted for building permits. The approved plan sheet for solid
waste storage and collection and Public Works a plan for recycling
shall be adhered to as approved by the Streets and Sanitation
Division of the Public Works Department.Trash may only be
stored in designated trash enclosures, except on pick-up days.
Public Works
Department
Operations Division
5 All vehicles awaiting service shall be parked on-site; no adjacent
or nearby public streets shall be utilized for any parking related to
this business.
Planning and Building
Department
Code Enforcement
Division
6 The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
daily.
Planning and Building
Department
Code Enforcement
Division
- 7 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
7 The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively
referred to individually and collectively as “Indemnitees”) from
any and all claims, actions or proceedings brought against
Indemnitees to attack, review, set aside, void, or annul the decision
of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to,
damages, fees and/or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including without
limitation attorneys’ fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
Planning and Building
Department,
Planning Services
Division
8 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of
the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
9 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
10 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
11 No above ground propane tanks shall be permitted. Planning and Building
Department
Code Enforcement
Division
12 Within 180 days of the date of this resolution, the underground
storage tanks and the fuel dispensers shall be demolished and
removed in compliance with State, Federal and local laws
governing such work.
Planning and Building
Department,
Building Division
ATTACHMENT NO. 2
Heady Design & Associates
7365 Carnelian Street, Suite #239 Phone (909) 581‐1202
Rancho Cucamonga, CA 91730 Fax (909) 581‐1203
Date May 11, 2016 Job#ASS-001
City of Anaheim
200 S. Anaheim blvd.
Anaheim, CA, 92805
Attn: David See; Principle Planner
Subject: Anaheim Service Station
300 S. East St.
Anaheim, CA, 92805
Re: Justification Letter for C.U.P. Modification
Mr. David See:
The project consists of removing the existing underground storage tank (UST), and adding an ADA path of
travel from the public right of way to the existing business and ADA parking, re-striping the parking stalls
and adding new landscaping, our hours of operation will maintain the 7am to 7pm Monday to Saturday.
There are 3 employees that will continue the existing use of auto mechanic service.
I thank you for all of your assistance and if there are any questions, please contact me at 909-581-1202.
Sincerely,
Heady Design & Associates
Harry J. Heady
President
ATTACHMENT NO. 3
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ATTACHMENT NO. 5
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 14, 2016
SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05851 AND
VARIANCE NO. 2016-05079
LOCATION: 558 South Rose Street (Hard Tech Auto Collision)
APPLICANT/PROPERTY OWNER: The applicant is Hard Tech Auto Collision,
represented by Javier Galindo. The property owner is Roboxoft, Inc, represented by
Ngoc Nguyen.
REQUEST: The applicant requests approval of a conditional use permit to permit and
retain an existing auto body and repair facility and a variance to allow less 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. 2015-05851 and Variance No.
2016-05079.
BACKGROUND: The 0.6-acre property is currently developed with an industrial
building with three tenant spaces, one of which is utilized as a 7,000 square foot
automotive repair and body shop. The property is located in the “I” Industrial zone and
the General Plan designates the property for Medium Density Residential land uses. The
surrounding land uses include manufacturing businesses to the south and west, an
industrial tenant space to the north (currently used as equipment storage by the property
owner), and multiple-family residential to the east across a public alley.
In 2015, the applicant was cited by Code Enforcement for the operation of an auto
repair and body shop without a business license or conditional use permit. At that time,
the business owner was informed of the need to apply for a conditional use permit to
retain the business. The Code Enforcement case remains active, pending a
determination on this application.
PROPOSAL: The applicant is requesting to permit and retain an existing auto body
and repair facility. The 7,000 square foot tenant space includes two small offices, a
storage room, break room, 11 indoor parking/vehicle storage spaces, as well as a new
South Coast Air Quality Management District (SCAQMD) – compliant paint booth
in the southeast corner of the existing tenant space. The business operations include
auto body repair and painting only.
CONDITIONAL USE PERMIT NO. 2015-05851 AND VARIANCE. 2016-05079
November 14, 2016
Page 2 of 4
The automotive repair business operates Monday through Friday, 8:00 a.m. to 6:00 p.m and
Saturday from 8:00 a.m. to 2:00 p.m. The business has three employees including the business
owner, and the applicant indicates that no more than 10 vehicles are worked on at any time.
Vehicle ingress and egress access into the automotive repair facility is provided through a roll-up
door at the rear of the building with access to the alley. The applicant proposes to provide 29
parking spaces of which 11 spaces are located within the building for storing and working on
vehicles, four spaces are provided at the rear of the property adjacent to the alley, and 14 spaces
are provided along the front of the building adjacent to Rose Street to be used by customers. The
applicant proposes to add privacy slats to the existing chain link fence at the rear of the property
and along Water Street in order to screen this area from view of the public right-of-way.
FINDINGS AND ANALYSIS:
Conditional Use Permit: Before the Planning Commission may approve a conditional use permit,
it must make a finding of fact that the evidence presented shows that all of the following
conditions exist:
1) That the proposed use is properly one for which a conditional use permit is authorized
by this code;
2) That the proposed use will not adversely affect the adjoining land uses, or the growth
and development of the area in which it is proposed to be located;
3) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular
area or health and safety;
4) That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and
5) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
The Zoning Code requires approval of a conditional use permit for “Automotive-Repair &
Modification” uses in the Industrial zone to ensure that the use is appropriate for the site,
compatible with surrounding land uses, and in compliance with Zoning Code requirements. This
request is to permit and retain an existing auto body and repair facility, which has been operating
at the present location since 2015. Staff believes that the proposed use is compatible with the other
industrial businesses located within this complex. The traffic generated by this use will not exceed
the anticipated volumes of traffic on the surrounding streets and adequate parking and circulation
would be provided to accommodate the use. In order to ensure the use does not negatively impact
the adjacent properties, staff recommends the following conditions of approval:
1. No outdoor auto body/repair work of any kind shall be conducted on the property.
2. Overnight vehicle parking shall be limited to inside the building or within the fenced yard to
the rear of the building only.
3. Within 60 days of the date of this approval, the fenced yard to the rear of the building and
adjacent to Water Street shall be screened with a privacy slat material in accordance with
the Zoning Code, subject to review and approval by the Planning Director.
CONDITIONAL USE PERMIT NO. 2015-05851 AND VARIANCE. 2016-05079
November 14, 2016
Page 3 of 4
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 automotive repair and modification business is located within a multi-tenant industrial
complex. The property is developed with three tenant spaces, two of which are currently used by
the property owner as equipment storage. The Zoning Code requires that parking demand be
calculated by combining the needs of “Automotive-Repair & Modification” and “Industrial” uses
on the property. Automotive – Repair & Modification uses require 3.5 spaces per 1,000 square
feet and Industrial uses require 1.55 spaces per 1,000 square feet of tenant space. An analysis of
the required and provided parking is shown in the chart below.
Code
Requirement
(per 1,000 s.f.)
Floor
Area (s.f.)
Spaces
Required
Spaces
Proposed
Industrial –
Storage
1.55 8,000 12 6
Auto repair 3.5 7,000 25 23
Total 15,000 37 29*
* The proposed parking consists of 14 spaces along the front of the tenant spaces on Water Street, four
spaces in the rear of the building adjacent to the public alley, and 11 spaces inside the auto repair tenant
space.
Staff recently made four visits to the property to observe the parking patterns and availability at the
project site. However, it was difficult to discern whether the vehicles utilizing the available
parking along Rose Street designated for the tenant were associated with the subject property or
with one of the adjacent businesses. On Thursday, September 22, staff conducted a site visit and
CONDITIONAL USE PERMIT NO. 2015-05851 AND VARIANCE. 2016-05079
November 14, 2016
Page 4 of 4
found 12 of the 14 spaces along the front of the building in use and 4 vehicles stored at the rear of
the property at 4:30 p.m. On Wednesday, October 12, staff conducted a second unannounced site
visit and found 13 of the 14 spaces in use at 9:45 a.m. On Friday, October 20, staff conducted a
third site visit at 4:45 p.m. and found 12 of the 14 spaces in use. The last site visit was conducted
on Tuesday, November 1 at 2:00 p.m. in which 13 of the 14 spaces were in use. The interior and
rear spaces were all observed to be in use during every site visit.
The automotive repair and body shop has three employees, and customer vehicles would only be
on site when work is being conducted indoors, or stored at the rear of the property. Based on the
site observations by staff, use of the adjacent tenant spaces for storage only, and the applicant’s
letter of operation which states that a maximum of 10 vehicles would be on-site at any time, staff
believes that the number of parking spaces on site would be adequate to accommodate the existing
business without impact to the surrounding public streets or properties.
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 automotive repair and body facility is compatible with the
adjacent industrial and residential uses because all repairs will be conducted inside the building.
Additionally, staff believes that there is sufficient on-site parking for the proposed use. Therefore,
staff believes the request to permit and retain the automotive repair facility is a suitable land use
for this location and recommends approval of the project, subject to the recommended conditions
of approval.
Prepared by, Submitted by,
Lindsay Ortega Jonathan E. Borrego
Contract Planner Planning Services Manager
Lilley Planning Group
Attachments:
1. Draft Conditional Use Permit Resolution
2. Plans
3. Letter of Operation
4. Site Photographs
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558 South Rose Street
DEV No. 2015-00136
Subject Property APN: 037-272-26
°0 50 100
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Aerial Photo:June 2015
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558 South Rose Street
DEV No. 2015-00136
Subject Property APN: 037-272-26
°0 50 100
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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. 2015-05851
AND VARIANCE NO 2016-05079 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2015-00136)
(558 SOUTH ROSE STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015-
05851 to permit an "Automotive Repair and Modification" use, and (ii) Variance No. 2016-
05079 to allow fewer parking spaces than required by Title 18 (Zoning) of the Anaheim
Municipal Code (the "Zoning Code") within an existing multi-tenant industrial complex (the
"Proposed Project") on a portion of that certain real property located at 558 South Rose 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 0.56 acres in size and is currently
developed as a single-story industrial building. The Anaheim General Plan designates the
Property for “R-M” Medium Density Residential land uses. The Property is located in the “I"
Industrial Zone, meaning that the Property is subject to the zoning and development standards
contained in Chapter 18.10 (Industrial Zone) of the Zoning Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 14, 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 Zoning Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2015-05851 and Variance No. 2016-05079, 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
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
- 2 - PC2016-***
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. 2015-05851, does find and determine the following:
1. The proposed "Automotive Repair and Modification" use is an allowable
primary use permitted with a conditional use permit within the "I" Industrial Zone, as authorized
under Table 10-A of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Zoning
Code.
2. The proposed conditional use permit to permit an "Automotive Repair and
Modification" use, under the conditions imposed, would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located because
the facility would be located within an existing industrial building that will be adequately
screened from public view and is surrounded by compatible buildings and uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the "Automotive Repair and Modification" use in a manner not detrimental to
the particular area or to the health and safety because the "Automotive Repair and Modification"
use would be located within an existing industrial building that provides a sufficient number of
on site parking spaces and vehicle circulation will be in accordance with the plans and materials
submitted.
4. The traffic generated by the "Automotive Repair and Modification" use 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.
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, the Planning Commission does further find and determine that the request
for Variance No. 2016-05079 to allow fewer parking spaces than required by the Zoning Code
should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(37 spaces required; 29 spaces proposed)
1. That the variance, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the all uses on the Property than the number of such spaces
necessary to accommodate all vehicles attributable to such uses under the normal and reasonably
foreseeable conditions of operation of such uses. Through observation by staff, it is determined
that the proposed parking will be adequate to serve the needs of the proposed "Automotive
Repair and Modification" use.
- 3 - PC2016-***
2. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the Property
because the proposed number of interior parking spaces is sufficient to accommodate the needs
of the business, and the exterior parking along the front of the building is to be reserved for new
customers, which, through observation by staff, is determined to be adequate to serve the needs
of the proposed automotive repair use;
3. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because the proposed number of parking spaces within the building will be
sufficient to accommodate the storage of vehicles when work is being performed or when
waiting for work to be performed;
4. That the variance, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed use because adequate ingress
and egress points are provided at the rear of the Property, and the interior parking spaces will be
utilized for vehicles for which work will be performed. No undue burden will be placed upon
the roads as they are primarily used by the local businesses and their customers; and
5. That the variance, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the a majority of the vehicles on the Property will be stored with ingress
and egress access at the rear of the Property from the alley. Additionally, customer parking is
located along the front of the building and will not impede ingress to or egress from adjacent
properties; 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.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05851 and
Variance No. 2016-05079, 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. 2015-05851 and Variance No. 2016-05079 are 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 Zoning 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 Zoning Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
- 4 - PC2016-***
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 Zoning
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 Zoning Code and any other
applicable City, State and Federal regulations. Approval does not include any action or findings
as to compliance or approval of the request regarding any other applicable ordinance, regulation
or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 14, 2016. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, 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 November 14, 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 14th day of November, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2016-***
- 7 - PC2016-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2015-05851 AND VARIANCE NO. 2016-05079
(DEV2015-00136)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1 No outdoor storage or display of vehicles or vehicular parts shall be
permitted, and no outdoor auto body/repair work of any kind shall be
conducted on the property with the exception of the enclosed outdoor
area at the rear of the property.
Planning and Building
Department
Code Enforcement
Division
2 Overnight vehicle parking shall be limited to inside the building or
within the fenced yard to the rear of the building only.
Planning and Building
Department
Code Enforcement
Division
3 All vehicles awaiting service shall be parked on-site; no adjacent
or nearby public streets shall be utilized for any parking related to
this business.
Planning and Building
Department
Code Enforcement
Division
4 Within 60 days of the date of this approval, the fenced yard to the
rear of the building (adjacent to the public alley) and adjacent to
Water Street shall be screened with a privacy slat material in
accordance with the Zoning Code, subject to review and approval
by the Planning Director.
Planning and Building
Department
Code Enforcement
Division
5 The applicant shall submit all necessary plans and documentation
for the review of the proposed paint spray booth to the Building
Division within 60 days of this approval.
Planning and Building
Department
Code Enforcement
Division
GENERAL CONDITIONS
6 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
- 8 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
7 The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively
referred to individually and collectively as “Indemnitees”) from
any and all claims, actions or proceedings brought against
Indemnitees to attack, review, set aside, void, or annul the decision
of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to,
damages, fees and/or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including without
limitation attorneys’ fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
Planning and Building
Department,
Planning Services
Division
8 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of
the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
9 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
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Hard Tech Auto Collision
Javier A. Galindo, Owner
558 S. Rose Street
Anaheim, CA 92805
February 16, 2015
City of Anaheim Planning Department
200 South Anaheim Blvd.
Anaheim, CA 92805
Subject: Letter of Business Operations
I am writing this letter to explain my business operations in conjunction with my application for a
Conditional Use Permit (No. 2015-05851 – DEV2015-00136).
My operations of business will include Auto Body and Painting. This entails repairing wrecked
and/damaged vehicles by providing body repairs as well as painting of the vehicles and/or parts
of the vehicles that are repaired. The numbers of employees are only two (2) in addition to me,
the business owner. In terms of vehicles being worked on at the site, there are no more than 8-
10 vehicles being worked on at any one time.
The hours of operation for the business are the following:
Monday- Friday: 8AM to 6PM
Saturday: 8AM to 2PM
Sunday: Closed
If there are any further questions or concerns regarding these operations feel free to contact me
any time. Thank you for your time.
Regards,
Javier A. Galindo,
Hard Tech Auto Collision, Owner
558 S. Rose Street
Anaheim, CA 92805
(714) 499-5109
Javier_htc@att.net
ATTACHMENT NO. 3
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200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 4
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 14, 2016
SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05884
LOCATION: 2368 East Orangethorpe Avenue (Mamute Brazilian Jiu Jitsu)
APPLICANT/PROPERTY OWNER: The property owner is RIF II – Orangethorpe,
LLC. The applicant/agent is Bill Fancher of Fancher Development Services, Inc.
REQUEST: The applicant requests approval of a conditional use permit to permit and
retain an existing Brazilian jiu jitsu studio within an existing industrial and office
complex.
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. 2016-05884.
BACKGROUND: This 4.09-acre property is developed with two industrial buildings
located within the “I” Industrial Zone. The General Plan designates the property for
General Commercial land uses. The surrounding land uses include industrial uses to
the west and south, industrial uses to the north (across Orangethorpe Avenue) in the
City of Fullerton, and a mobile home park to the east in the City of Placentia. The
property is primarily occupied with automotive repair uses; however, other uses
include a fitness studio, training facilities, wholesale businesses, and other industrial
uses. This application was filed in response to a Code Enforcement violation for
operating a business without a business license and conditional use permit.
PROPOSAL: The applicant proposes to permit and retain a 1,920 square foot physical
fitness facility, which is within the "Dance & Fitness Studios–Small" use class because
of the type of use (i.e., dance classes, exercise programs, health club, and general
fitness training) and the fact that it will be located within a space less than four
thousand (4,000) square feet in gross floor area. No changes to the exterior of the
building are proposed. The studio is owned and operated by the applicant and her
husband, who is a martial arts instructor. There are no other employees. The studio
offers private and group sessions to children and adults with class sizes ranging from 4
to 10 people. Classes are held Monday through Saturday with all activity occurring
indoors. Below is a schedule of the hours and classes:
CONDITIONAL USE PERMIT NO. 2016-05884
November 14, 2016
Page 2 of 3
Monday: 5:10 p.m. – 8:45 p.m.
Tuesday: 10 a.m. – 11:30 a.m. and 4:30 p.m. – 9 p.m.
Wednesday: 5:10 p.m. – 8:45 p.m.
Thursday: 10 a.m. – 11:30 a.m. and 4:30 p.m. – 9 p.m.
Friday: 10 a.m. – 11:30 a.m. and 6 p.m. – 7:30 p.m.
Saturday: 10:30 a.m. – 1 p.m.
FINDINGS AND ANALYSIS:
Conditional Use Permit: Before the Planning Commission may approve a conditional use
permit, it must make a finding of fact that the evidence presented shows that all of the
following conditions exist:
1) That the proposed use is properly one for which a conditional use permit is
authorized by this code;
2) That the proposed use will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located;
3) That the size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use, in a manner not detrimental to
either the particular area or health and safety;
4) That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the
traffic in the area; and
5) That the granting of the conditional use permit under the conditions imposed,
if any, will not be detrimental to the health and safety of the citizens of the
City of Anaheim.
A conditional use permit is required to permit physical fitness facilities in this zone in order to
determine compatibility with the surrounding area. Staff believes that the proposed use would be
compatible with the other businesses located within this complex, which include a fitness facility,
offices, warehouses, and automotive repair businesses. The business has operated at this location
for the last two years without complaints from the surrounding businesses. With the conditions
imposed, such as restricting operations to those outlined in the attached Letter of Operation and
limiting all fitness activities or storage of fitness equipment inside of the building, the
establishment of this use would not impact the operations of other nearby industrial businesses,
nor would the use be detrimental to the health and safety of the citizens of the City of Anaheim.
CONDITIONAL USE PERMIT NO. 2016-05884
November 14, 2016
Page 3 of 3
The existing industrial complex has sufficient on-site parking spaces to accommodate the
existing and proposed uses on the property. The complex has 223 existing on-site parking
spaces and Code requires 213 parking spaces. Additionally, the applicant indicated in their letter
of operation that most of the existing businesses operate during the day and are closed in the
evenings when the jiu jitsu studio holds most of their classes. Staff conducted a site visit on
Monday, September 12th at 10:30 a.m. and found 127 spaces in use with the majority of spaces
in use being located at the rear of the property along the southern property line.
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: Staff believes that the conditions exist for Planning Commission to make the
required findings to approve this request. The proposed martial arts business is compatible with
the industrial, office and commercial uses in the surrounding area. 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 Resolution
2. Site Plan
3. Floor Plan
4. Letter of Operation
5. Justification Statement
6. Photographs
IINDUSTRIALIINDUSTRIAL
IORANGE COUNTYWATER DISTRICT
N P L A C E N T I A A V E
E ORANGETHORPE AVE
E. LA PALMA AVE
E . M I R A L O M A A V E
N . A C A C I A S T
E. ORANGETHORPE AVE
E. FRONTERA ST2368 East Orangethorpe Avenue
DEV No. 2016-00084
Subject Property APN: 338-181-04
°0 50 100
Feet
Aerial Photo:June 2015
N P L A C E N T I A A V E
E ORANGETHORPE AVE
E. LA PALMA AVE
E . M I R A L O M A A V E
N . A C A C I A S T
E. ORANGETHORPE AVE
E. FRONTERA ST2368 East Orangethorpe Avenue
DEV No. 2016-00084
Subject Property APN: 338-181-04
°0 50 100
Feet
Aerial Photo:June 2015
[DRAFT] ATTACHMENT NO. 1
- 1 - PC2015-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2016-05884 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2016-00084)
(2368 EAST ORANGETHORPE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-05884
to permit a "Dance & Fitness Studio-Small" within a portion of an existing industrial and office
complex (the "Proposed Project") for premises located at 2368 East Orangethorpe Avenue in the
City of Anaheim, County of Orange, State of California, as generally depicted on the map
attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 4.09-acres in size and is currently
developed with an industrial and office complex. The premises which will be the subject of
Conditional Use Permit No. 2016-05884 is approximately 1,920 square feet in size. The
Anaheim General Plan designates the Property for “C-G” General Commercial land uses. The
Property is located in the “I" Industrial Zone, meaning that the Property is subject to the zoning
and development standards contained in Chapter 18.10 (Industrial Zone) of Title 18 (Zoning) of
the Anaheim Municipal Code (the "Zoning Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 14, 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 Zoning Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2016-05884, 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 the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, 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
- 2 - PC2016-***
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for Conditional Use Permit No. 2016-05884, does find
and determine the following:
1. The proposed request to permit a martial arts studio within an existing
industrial and office complex is properly one for which a conditional use permit is authorized
under the classes of allowable primary uses set forth in Table 10-A (Primary Uses: Industrial
Zone) as "Dance & Fitness Studios-Small", as referenced in paragraph .0402 of subsection .040
of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Zoning Code.
2. The proposed conditional use permit to permit a martial arts studio, under the
conditions imposed, would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the martial arts studio
would be located within an existing building surrounded by compatible buildings and uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the martial arts studio in a manner not detrimental to the particular area or to the
health and safety because the facility would be located within an existing industrial and office
building that is surrounded by industrial and office uses.
4. The traffic generated by the martial arts studio will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the traffic generated by this use will not exceed the anticipated volumes of traffic on the
surrounding streets and adequate parking will be provided to accommodate the use.
5. The granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed
land use will continue to be integrated with the surrounding office and industrial area and would
not pose a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. No. 2016-05884, contingent upon and subject to the
conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Permit No. 2016-05884 in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
- 3 - PC2016-***
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Zoning 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 Zoning 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 Zoning
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 Zoning Code and any other
applicable City, State and Federal regulations. Approval does not include any action or findings
as to compliance or approval of the request regarding any other applicable ordinance, regulation
or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 14, 2016. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - 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 November 14, 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 14th day of November, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2016-***
- 6 - PC2016-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2016-05884
(DEV2016-00084)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1 Fitness activities or storage of physical fitness equipment shall not be permitted
outside of the building.
Planning and Building
Department,
Planning Services
Division
2 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
3 Any graffiti painted or marked upon the premises or on any adjacent area under the
control of the business owner shall be removed or painted over within 24 hours of
being applied.
Planning and Building
Department,
Code Enforcement
Division
GENERAL CONDITIONS OF APPROVAL
4 The Applicant shall defend, indemnify, and hold harmless the City and its officials,
officers, employees and agents (collectively referred to individually and collectively
as “Indemnitees”) from any and all claims, actions or proceedings brought against
Indemnitees to attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached thereto. The
Applicant’s indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnitees and costs of suit,
claim or litigation, including without limitation attorneys’ fees and other costs,
liabilities and expenses incurred by Indemnitees in connection with such
proceeding.
Planning and Building
Department,
Planning Services
Division
5 The applicant is responsible for paying all charges related to the processing of this
discretionary case application within 30 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first.
Failure to pay all charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
6 The premises of the marial arts studio shall be developed substantially in
accordance with plans and specifications submitted to the City of Anaheim by the
petitioner, which plans are on file with the Planning Department, and as
conditioned herein.
Planning and Building
Department,
Planning Services
Division
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ATTACHMENT NO. 3
Letter of Operation
Dear Planning Commission,
I hope this background helps you understand our operation better. I own this business with my husband
Bruno. We run it and do everything for it. We are not a big enough business to have staff. He is the only
blackbelt instructor. He offers private classes to kids and adults. Occasionally he will give a private
session to two people at a time. We offer small classes for kids and adults. We offer 2 kids classes,
broken down by age. We offer a class for 4-7 year olds and 8-13 year olds. There are about 4-6 kids in
each of those classes. For adults, we offer all levels (anyone can attend) and advanced (must have
special qualifications to attend). There are anywhere from 4-10 people in each of those classes. It really
just depends on the day and the weather. Believe it or not, that affects the class size. We are open
Monday through Saturday. Below is the list of hours.
Monday- 5:10-8:45PM
Tuesday- 10AM-11:30AM and 4:30-9PM
Wednesday-5:10-8:45PM
Thursday-10AM-11:30AM and 4:30-9PM
Friday-10AM-11:30AM and 6-7:30PM
Saturday- 10:30-1PM
We are enjoying the fact that most of the businesses next to us are gone by the time our students come
to class. Our morning classes are always very small (most people work during the day). Because of this,
we never have any issues with parking.
ATTACHMENT NO. 4
ATTACHMENT NO. 5
ATTACHMENT NO. 6
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 5
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 14, 2016
SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05886 AND
VARIANCE NO. 2016-05080
LOCATION: 1088 North Tustin Avenue (The Cromwell Estate)
APPLICANT/PROPERTY OWNER: The applicant is Janet Gregory and the
property owner is Rhoda Daily with Wohl Investment Company.
REQUEST: The applicant is requesting approval of a conditional use permit to
permit an indoor entertainment facility, known as an escape room, within a portion of
an existing office building. The applicant also requests a variance to allow fewer
parking spaces than required by the Zoning Code.
RECOMMENDATION: Staff recommends that the Planning Commission approve
the attached resolution, determining that this request is categorically exempt from
further environmental review under the California Environmental Quality Act (Class
1, Existing Facilities), and approving Conditional Use Permit No. 2016-05886 and
Variance No. 2016-05080.
BACKGROUND: This 1.9-acre property is developed with an office complex and
is located in Transit Oriented Area (Development Area 3) of the Anaheim Canyon
Specific Plan “SP 2015-1, DA 3”. The General Plan designates the Property for
Mixed Use land uses. Surrounding land uses include office uses to the south and
north across La Palma Avenue, the Orange County Water District recharge basin to
the east, and retail uses to the west across Tustin Avenue. This request is a result of
a Code Enforcement violation that was reported by a competing business owner.
The escape room has been operating since August, 2016 and there have been no
complaints related to the business operation.
PROPOSAL: The applicant proposes to permit and retain a 2,160 square foot
entertainment facility, known as an escape room. The facility also includes a
reception lobby, offices and restrooms. No changes to the exterior of the building
are proposed.
CONDITIONAL USE PERMIT NO. 2016-05886 AND VARIANCE NO. 2016-05080
November 14, 2016
Page 2 of 4
The Cromwell Estate is an interactive gaming facility where participants use communication,
team building and problem solving to decipher puzzles and clues in order to “escape” a room
before time runs out. The facility includes a “set” consisting of rooms and passageways created
for an immersive customer experience. The Cromwell Estate has two experiences to offer. Both
experiences hold a maximum of eight participants and take approximately 60 minutes. There is a
15 minute reset time for players to debrief in the lobby area, take pictures, and exit the facility,
while the next group of participants is informed the safety rules. The hours of operation are
Tuesday- Friday, 4:00 p.m. to 12:00 a.m., Saturday, 12:15 p.m. to 12:00 a.m. and closed on
Sunday and Monday. The escape room is operated by the two business owners and there are no
additional employees on the premises.
FINDINGS AND ANALYSIS:
Conditional Use Permit: Before the Planning Commission may approve a conditional use
permit, it must make a finding of fact that the evidence presented shows that all of the following
conditions exist:
1) That the proposed use is properly one for which a conditional use permit is
authorized by this code;
2) That the proposed use will not adversely affect the adjoining land uses, or
the growth and development of the area in which it is proposed to be
located;
3) That the size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use, in a manner not detrimental to
either the particular area or health and safety;
4) That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the
traffic in the area; and
5) That the granting of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the
citizens of the City of Anaheim.
A conditional use permit is required to permit indoor entertainment facilities in this zone in order
to determine compatibility with the surrounding area. Staff believes that the use would be
compatible with other businesses in the surrounding area because entertainment activities would
occur primarily during off-peak hours for the office businesses and bank within the complex. In
addition, the business has been operating in this location since August, 2016 with no impacts to
the adjacent businesses. With the conditions imposed, such as restricting the operation to those
outlined in the attached Letter of Request and limiting the two game sessions to eight
participants each, the establishment of this use would not impact the operations or opportunities
for expansion of other nearby industrial businesses or be detrimental to the health and safety of
the citizens of the City of Anaheim.
CONDITIONAL USE PERMIT NO. 2016-05886 AND VARIANCE NO. 2016-05080
November 14, 2016
Page 3 of 4
Parking Variance: A variance shall be granted upon a finding by the Planning Commission
or City Council that the evidence presented shows that all of the following conditions exist:
1) That the variance, under the conditions imposed, if any, will not cause
fewer off-street parking spaces to be provided for the proposed use than the
number of such spaces necessary to accommodate all vehicles attributable
to such use under the normal and reasonably foreseeable conditions of
operation of such use;
2) That the variance, under the conditions imposed, if any, will not increase
the demand and competition for parking spaces upon the public streets in
the immediate vicinity of the proposed use;
3) That the variance, under the conditions imposed, if any, will not increase
the demand and competition for parking spaces upon adjacent private
property in the immediate vicinity of the proposed use;
4) That the variance, under the conditions imposed, if any, will not increase
traffic congestion within the off-street parking areas or lots provided for the
proposed use; and
5) That the variance, under the conditions imposed, if any, will not impede
vehicular ingress to or egress from adjacent properties upon the public
streets in the immediate vicinity of the proposed use.
The Zoning Code states that the parking requirements be calculated by combining the needs
of the entertainment gaming facility and the bank and the office uses on the property. The
entertainment facility and industrial business requires a total of 175 parking spaces and the
property contains a total of 99 parking spaces; 12 are required for the entertainment facility
and 163 spaces for the office uses within the complex. The applicant has submitted a Letter
of Request indicating that sessions have a maximum of eight participants per game. There
would be a 15 minute break after each game in order for the game to reset. This would
allow plenty of time for participants to leave before the next group arrives. All of the
sessions are scheduled by appointment only. The applicant has indicated that most
participants drive to the facility in groups. The peak parking demand is in the evening and
weekends, which is during the off-peak hours of the other office uses within the same
building. Staff conducted parking counts on November 2, 2016 at 12:00 p.m. and 5:00 p.m.
There were 62 cars parked at the complex at 12:00 p.m. and 41 cars parked at the property at
5:00 p.m. Another staff inspection took place on Saturday night at 8:30 p.m. and 16 cars
were observed in the parking lot. Staff participated in the escape room activity and when
leaving the facility observed only four cars parked on-site at 10:00 p.m. Therefore, staff
believes that 99 parking spaces would accommodate all of the businesses on the site,
including the indoor entertainment use.
CONDITIONAL USE PERMIT NO. 2016-05886 AND VARIANCE NO. 2016-05080
November 14, 2016
Page 4 of 4
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: Staff believes that the conditions exist for Planning Commission to
make the required findings to approve this request. The proposed entertainment gaming
facility is compatible with the office uses on-site and in the surrounding area. The number
of parking spaces provided is adequate to accommodate the gaming facility since there
would be a maximum of 16 participants at any time. Staff recommends approval of this
request.
Prepared by, Submitted by,
Amy Vazquez Jonathan E. Borrego
Contract Planner, Lilley Planning Group Planning Services Manager
Attachments:
1. Draft Conditional Use Permit Resolution
2. Applicant’s Letter of Request
3. Photographs
4. Site Plan
5. Floor Plan
6. Parking Justification Letter
SP 2015-1DA3OFFICES
SP 2015-1DA3EXPODESIGNCENTER
SP 2015-1DA1RETAIL
SP 2015-1DA1OFFICES
SP 2015-1DA1SIMON GREEN LEAREXECUTIVE OFFICES
SP 2015-1DA1AUTO REPAIR/SERVICE
SP 2015-1DA1SERVICESTATION
SP 2015-1DA1INDUSTRIAL
SP 2015-1DA3OFFICES
SP 2015-1DA6O.C.F.C.D.
SP 2015-1DA3OFFICES
SP 2015-1DA6O.C.F.C.D.
SP 2015-1DA3PACIFICCENTER
SP 2015-1DA1INDUSTRIAL
SP 2015-1DA1INDUSTRIAL
SP 2015-1DA1CANYON GATEPLAZA
SP 2015-1DA1CANYONGATEPLAZA
SP 2015-1DA1CANYON GATEPLAZA
SP 2015-1DA1CANYON GATEPLAZA
SP 2015-1DA1CANYONGATEPLAZA
SP 2015-1DA3PACIFICCENTER
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1088 North Tustin Avenue
DEV No. 2016-00101
Subject Property APN: 346-132-01
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DEV No. 2016-00101
Subject Property APN: 346-132-01
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[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. 2016-05886
AND VARIANCE NO. 2016-05080 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2016-00101)
(1088 NORTH TUSTIN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2016-
05886 to permit an entertainment gaming facility (escape room), and (ii) Variance No. 2016-
05080 to allow fewer parking spaces than required by Title 18 (Zoning) of the Anaheim
Municipal Code (the "Zoning Code") (collectively referred to herein as the "Proposed
Project") for premises located within a portion of that certain real property at 1088 North
Tustin Avenue in the City of Anaheim, County of Orange, State of California, as generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference
(the "Property"); and
WHEREAS, the Property is approximately 1.9 acres in size and is currently
developed with an office complex. The Property is located in the Transit Oriented Area
(Development Area 3) of the Anaheim Canyon Specific Plan Area and is subject to the zoning
and development standards of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1
(SP 2015-1) Zoning and Development Standards) of the Zoning Code. The Anaheim General
Plan designates the Property for Mixed Use land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 14, 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 Zoning Code, to hear and consider evidence for and against
proposed Conditional Use Permit No. 2016-05886 and Variance No. 2016-05080, 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 the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California
Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local
CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration
of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the Proposed
Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the
repair, maintenance, and/or minor alteration of existing public or private structures or
facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of 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
- 2 - PC2016-***
WHEREAS, the Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the request for Conditional Use Permit No. 2016-
05886, does find and determine the following:
1. The proposed entertainment gaming facility (escape room) within an
existing office building is an allowable primary use within the "Entertainment Venue" use
class of the Transit Oriented Area (Development Area 3) of the Anaheim Canyon Specific
Plan Area permitted with a conditional use permit under Table 120_B (Primary Uses by
Development Area: Non-Residential Use Classes) of Section 18.120.040 of the Zoning Code.
2. The proposed entertainment gaming facility (escape room), under the
conditions imposed, would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the building is
surrounded by compatible buildings and uses; and, the entertainment gaming facility (escape
room) would be located within an existing building with no adverse effects to adjoining land
uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the entertainment gaming facility (escape room) in a manner not detrimental
to the particular area or to the health and safety because the use would be located within an
existing office building that is surrounded by other retail and office uses.
4. The traffic generated by the entertainment gaming facility (escape room)
will not impose an undue burden upon the streets and highways designed and improved to
carry the traffic in the area because the traffic generated by this use will not exceed the
anticipated volumes of traffic on the surrounding streets and adequate parking will be
provided to accommodate the use.
5. The granting of the conditional use permit under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim as the
proposed land use will continue to be integrated with the surrounding offices in the area and
would not pose a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, based upon the request letter submitted by the applicant and
observations made by staff, the Planning Commission does further find and determine that the
request for a variance for less parking than required by the Zoning Code should be approved
for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(175 spaces required; 99 spaces proposed)
1. Based, in part, upon a review of the letter of request submitted by the
applicant and observations made by staff, that the variance, under the conditions imposed, will
not cause fewer off-street parking spaces to be provided for the proposed use than the number
of such spaces necessary to accommodate all vehicles attributable to such use under the
normal and reasonably foreseeable conditions of operation of such use because the
entertainment gaming facility has a limited number of participants;
- 3 - PC2016-***
2. That the variance, under the conditions imposed, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity
of the proposed use because the on-site parking will adequately accommodate the peak
parking demands of the proposed entertainment gaming facility;
3. That the variance, under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the on-site parking for the office complex will adequately
accommodate peak parking demands of the use on the site;
4. That the variance, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because
the project site provides adequate ingress and egress points to the property and are designed to
allow for adequate on-site circulation; and
5. That the variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity
of the proposed use because the project site has existing ingress or egress access points that
are designed to allow adequate on-site circulation and, therefore, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity
of the industrial property.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff
report and all materials in the project files. There is no substantial evidence, nor are there
other facts, that detract from the findings made in this Resolution. The Planning Commission
expressly declares that it considered all evidence presented and reached these findings after
due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2016-05886 and Variance No. 2016-05080,
contingent upon and subject to the conditions of approval set forth in Exhibit B attached
hereto and incorporated herein by this reference, which are hereby found to be a necessary
prerequisite to the proposed use of the Property under Conditional Use Permit No. 2016-
05586 and Variance No. 2016-05080 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 Zoning
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 Zoning Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
- 4 - PC2016-***
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 Zoning
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 Zoning Code and
any other applicable City, State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 14, 2016. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, 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 November 14, 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 14th day of November 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2016-***
- 7 - PC2016-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2016-05886
VARIANCE NO. 2016-05080
(DEV2016-00101)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1. Any graffiti painted or marked upon the premises or on any adjacent
area under the control of the business owner shall be removed or
painted over within 24 hours of being applied.
Planning and Building
Department,
Code Enforcement
Division
2. The operator of the business shall not permit and shall take all steps
necessary to prevent its patrons from consuming alcoholic beverages
on the premises.
Planning and Building
Department,
Planning Services
Division
3. There shall be no outdoor storage of game props or materials. Planning and Building
Department,
Planning Services
Division
4. 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
5. That escape room game sessions shall have a cumulative maximum of
16 participants at any time. Planning and Building
Department,
Planning Services
Division
6. Within 60 days of the date of this resolution, all of the proper permits
and occupany requirements shall be approved by the Buiding
Division of the Planning and Building Department.
Planning and Building
Department,
Building Division
- 8 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS OF APPROVAL
7. The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively
referred to individually and collectively as “Indemnitees”) from any
and all claims, actions or proceedings brought against Indemnitees
to attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
or determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant’s indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys’ fees and other
costs, liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
Planning and Building
Department,
Planning Services
Division
8. The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
9. The subject Property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim by
the petitioner and which plans are on file with the Planning
Department, and as conditioned herein.
Planning and Building
Department,
Planning Services
Division
3 of Coin, LLC
(dba THE CROMWELL ESTATE)
Summary:
The Cromwell Estate offers services in all aspects of team building. We provide a space and all the tools
necessary to strengthen communication, critical thinking, and leadership. Our practices identify group’s
areas of opportunity and use our methods to succeed in group setting objectives. Our target audiences
are corporations, interdepartmental companies who seek exercises and activities for their employees to
strengthen the department as a whole or individuals 16 and up needing improvement in morale. We
also cater to families, clubs, and groups of all backgrounds.
Description:
An “escape room” is a room where players are instructed to solve a set of puzzles, tasks, and mental
obstacles to “escape.” The Cromwell Estate sets an objective for these participants in an immersive,
challenging, and fun way.
Industry:
The team building and escape room industry is a fast‐ paced industry that we believe is a place for high‐
quality, effective, and memorable experiential learning experiences. In response to this climate, The
Cromwell Estate will extend its services beyond focusing on corporation and business to better serve a
larger demographic.
Logistics:
The Cromwell Estate will have two experiences to offer. Both Experiences will hold up to a maximum of
8 participants and will have a duration of up to 60 minutes. There will be a 15 minute reset time for
players to debrief in the lobby area, take a picture, and exit the facility, while the next group of
participants is read the safety rules.
Our hours of operation are:
Tuesday‐ Friday: 4:00 pm to 12:00 am
Saturday: 12:15 pm – 12:00 am
Tickets are sold online for $30.00 per person.
Safety:
The Cromwell Estate strives to give our participants limitless fun in a safe environment. Every experience
starts with a demonstration of safety and rules that each participant must follow. We do not lock
participants in the room in case of emergency. We also have constant security feed of participants in the
room.
ATTACHMENT NO. 2
Market Analysis:
The Cromwell Estate is open to anyone over 16. Any minor must be accompanied by a parent or
guardian who assumes all legal responsibility for the minor by signing our liability waiver. Our current
audience has been the greater Orange County area with most business located in Anaheim and
Fullerton. Our span has reached from Brea all the way to Lake Forest. With a great environment for all
backgrounds we hope to create a memorable experience as well as hopefully someday create new jobs
for underserved people in the area.
For an up to date directory of Escape Rooms you can visit:
www.escaperoomdirectory.com
www.escapeauthority.com
www.roomescapeadventures.com
ATTACHMENT NO. 3
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3 Of Coin, LLC (dba) The Cromwell Estate Parking Letter
The Anaheim Municipal Code requires 175 spaces for the proposed interactive game experience
and the existing kitchen and bath retail facility. The site currently contains 99 parking spaces.
The school, bank retail flooring company.
We are requesting a parking waiver in conjunction with this application. Code requires 175
parking spaces the site provides 99 parking spaces or a 57% deviation of the code required
parking.
The Anaheim Municipal Code requires the following finds be made in conjunction with the
request to waive the minimum number of parking spaces
.0101 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;
The requested waiver of 76 spaces will not cause fewer off-street parking spaces to be provided
for the site as there will be adequate spaces on-site to accommodate all uses. There will not be
more 14 guests on-site at any one time including employees. As this is an interactive game
experience and mainly a group activity, most people would come with friends and carpool. Also
the hours of operation during the week would be from 4:00 p.m. to 12:00 a.m. and on weekends
Saturday 12:15 p.m. to 12:00 a.m. closed on Sunday, Monday. The adjacent learning center is
open Monday- Friday 2pm-6pm and Saturdays 9:30am to 3:00 pm. The Kitchen and Flooring
Design Center is open Monday through Friday 10:00 am to 7:00 pm and Saturdays 10:00 am to
6:00 pm. Us Bank is open Monday through Friday 9:00 am to 5:00 pm and closed on the
weekends.
.0102 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;
The variance under conditions imposed will not increase the demand and competition for
parking spaces upon the public streets in the immediate vicinity of the proposed as there is ample
parking for both uses on the site.
.0103 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 (which property is not expressly provided as
parking for such use under an agreement in compliance with subsection .030 of Section
18.42.050 (Non-Residential Uses- Shared Parking Arrangements));
The variance for the interactive game facility will not impact any adjacent private property in
the immediate vicinity of the proposed use as the site has adequate parking provided on-site to
accommodate all the uses on the site and can also accommodate both the interactive game
ATTACHMENT NO. 6
facility and the kitchen and bath facility at the site due to the different hours and days of
operation for the uses on the site.
.
.0104 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
The variance for the use will not increase traffic congestion within the off-street parking areas
or lots provided as there is ample parking provided for the site
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 6
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 14, 2016
SUBJECT: DEVELOPMENT AGREEMENT NO. 2016-00005
CONDITIONAL USE PERMIT NO. 2016-05860
CONDITIONAL USE PERMIT NO. 2016-05890
VARIANCE NO. 2016-05066
DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2016-00131
LOCATION: PARCEL A - 2210 and 2220 East Orangewood Avenue
PARCEL B - 2130 East Orangewood Avenue
APPLICANT/PROPERTY OWNER:
PARCEL A - The applicant is Golden Road Brewing represented by Brandon Smith and
the property owner is Custom Craft Beer, LLC.
PARCEL B - The applicant is Golden Road Brewing represented by Brandon Smith and
the property owner is Trevor Tait.
REQUEST: The applicant is requesting approval of the following entitlements to
establish a new restaurant and brewery within an office complex:
1) A development agreement between the City of Anaheim and Golden Road
Brewing.
2) A conditional use permit a conditional use permit to permit the construction of
a brew pub to include an event space, an outdoor dining and recreational area
with on and off-premises sales and consumption of alcoholic beverages.
3) A conditional use permit to permit off-site parking for a brew pub to include
an event space and outdoor recreation area located at 2210 and 2220 East
Orangewood Avenue.
4) A variance to allow fewer parking spaces than required by the Zoning Code.
5) A determination of public convenience or necessity to permit a brew pub with
on and off-premises sales and consumption of alcoholic beverages.
DEVELOPMENT AGREEMENT NO. 2016-00005, CONDITIONAL USE PERMIT NO. 2016-05860, CONDITIONAL USE
PERMIT NO. 2016-05890, VARIANCE NO. 2016-05066, AND DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2016-000131
November 14, 2016
Page 2 of 2
DISCUSSION: The applicant submitted a letter dated November 3, 2016, requesting a
two week continuance in order to re-notice this item to include a request for a coordinated
sign program for the project.
RECOMMENDATION: Staff recommends that this hearing be continued to the November 28,
2016 meeting as requested by the applicant.
Prepared by, Submitted by,
Amy Vazquez Jonathan E. Borrego
Contract Planner, Lilley Planning Group Planning Services Manager
Attachments:
1. Continuance Request
I (PTMU)OrangewoodINDUSTRIALI (PTMU)Gateway Sub-Area BGATEWAY APARTMENT
I (PTMU)Gateway Sub-Area BARCHSTONEAPARTMENTS
I (PTMU)GatewaySub-Area CVACANT
I (PTMU)OrangewoodINDUSTRIAL I (PTMU)OrangewoodINDUSTRIAL
I (PTMU)OrangewoodINDUSTRIAL
I (PTMU)OrangewoodINDUSTRIAL
PR (PTMU)StadiumANGEL STADIUMOF ANAHEIM
I (PTMU)Gateway Sub-Area CVACANT
I (PTMU)Gateway Sub-Area CVACANT
I (PTMU)OrangewoodINDUSTRIAL I (PTMU)OrangewoodINDUSTRIAL
I (PTMU)OrangewoodINDUSTRIAL
O-L (PTMU)OrangewoodOFFICES
I (PTMU)GatewaySub-Area CVACANT
E ORANGEWOOD AVE
S D U P O N T D R
D U P O N T D R
E. KATELLA AVE
S . H A S T E R S T
E. ORANGEWOOD AVE
E. CHAPMAN AVE
E. GENE AUTRY WAY S .D O U G L A S S R DE. HOWELL AVE
2210 and 2220 East Orangewood Avenue
DEV No. 2016-00015
Subject Property APN: 083-271-13083-272-01
°0 50 100
Feet
Aerial Photo:June 2015
Parcel AParcel B
E ORANGEWOOD AVE
S D U P O N T D R
D U P O N T D R
E. KATELLA AVE
S . H A S T E R S T
E. ORANGEWOOD AVE
E. CHAPMAN AVE
E. GENE AUTRY WAY S .D O U G L A S S R DE. HOWELL AVE
2210 and 2220 East Orangewood Avenue
DEV No. 2016-00015
Subject Property APN: 083-271-13083-272-01
°0 50 100
Feet
Aerial Photo:June 2015
Parcel AParcel B
ATTACHMENT NO. 1
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.