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PC 2018/02/05 City of Anaheim Planning Commission Agenda Monday, February 5, 2018 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California  Chairperson: Bill Dalati  Chairperson Pro-Tempore: Michelle Lieberman  Commissioners: John Armstrong, Jess Carbajal, John Gillespie, Kimberly Keys, Steve White  Call To Order - 5:00 p.m.  Pledge Of Allegiance  Public Comments  Public Hearing Items  Commission Updates  Discussion  Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, February 1, 2018, 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 02-05-2018 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 02-05-2018 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2017-05945 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2017-00138 (DEV2017-00116) Location: 1331 East Katella Avenue, Unit #107 Request: To allow the sale of beer and wine for off-site consumption in conjunction with a new convenience market located on the ground floor of an existing mixed- use development. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). This item was continued from the January 22, 2018 Planning Commission meeting. Resolution No. ______ Resolution No. ______ Project Planner: Christine Saunders csaunders@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2017-05942 (DEV2017-00109) Location: 1081 North Tustin Avenue, Suites 116 & 117 Request: To permit an indoor entertainment facility (known as an “escape room”) within an existing commercial building. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net 02-05-2018 Page 4 of 5 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2017-05944 (DEV2017-00115) Location: 2930 West Ball Road Request: To allow a preschool within an existing church facility. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Joanne Hwang jhwang@anaheim.net ITEM NO. 5 ZONING CODE AMENDMENT NO. 2017-00146 (DEV2017-00127) Adjustment No. 12 to the Disneyland Resort Specific Plan No. 92-1 (SPN92-1R) Adjustment No. 9 to the Anaheim Resort Specific Plan No. 92-2 (SPN92-2W) Adjustment No. 9 to the Hotel Circle Specific Plan No. 93-1 (SPN93-1I) Adjustment No. 5 to the Anaheim Canyon Specific Plan (SPN2015-00001E) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying Chapters 18.04 (Single-Family Residential Zones); 18.06 (Multiple-Family Residential Zones); 18.08 (Commercial Zones); 18.10 (Industrial Zones); 18.14 (Public and Special-Purpose Zones); 18.16 (Regulatory Permits); 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); 18.30 (Downtown Mixed Use (DMU) Overlay Zone); 18.32 (Mixed Use (MU) Overlay Zone); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.42 (Parking and Loading); 18.60 (Procedures); 18.66 (Conditional Use Permits); 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1)); 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2)); 18.118 (Hotel Circle Specific Plan No. 93-1 (SP93-1)); and 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1)) to provide regulatory relief and streamline the approval process of certain low-impact land uses by creating a new Minor Conditional Use Permit category. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3). Resolution No. ______ Project Planner: Joanne Hwang jhwang@anaheim.net 02-05-2018 Page 5 of 5 Adjourn to Wednesday, February 21, 2018 at 5:00 p.m. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:50 p.m. January 31, 2018 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: FEBRUARY 5, 2018 SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05945 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2017-00138 LOCATION: 1331 East Katella Avenue, #107 (The Corner Shop at Vivere) APPLICANT/PROPERTY OWNER: The applicant is John Moller with Moller Retail, Inc. Brett Engstrom and Cindy Block with LiquorLicense.com are the agents representing the applicant. The property owner is Vivere Residential I, LLC. REQUEST: The applicant is requesting approval of a conditional use permit to operate a 1,298 square foot convenience store within an existing ground floor tenant space in the Vivere apartment complex. The applicant is also requesting a determination of convenience or necessity to allow the sale of beer and wine for off- site consumption in the convenience store. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolutions, determining that this request is categorically exempt under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 2017-05945 and Public Convenience or Necessity No. 2017-00138. BACKGROUND: The proposed convenience store would be located within a 1,298 square foot, ground floor commercial tenant space in the existing Vivere mixed-use development (the “Vivere”). The Vivere is located in the Industrial (I) Zone and the Platinum Triangle Mixed Use (PTMU) Overlay Zone. The General Plan designates this property MU (Mixed Use) land uses. Surrounding the property are apartments to the west, east and north, and a vacant lot across Katella Avenue to the south, which will develop in the future as part of the A-Town mixed-use development. The property owner developed the Vivere in accordance with the PTMU Overlay Zone in two phases. The first phase is on 1.55 acres, and includes 92 residential units and the subject 1,298 square foot, ground floor commercial tenant space. The first phase opened in 2011; however, the commercial tenant space has not had an occupant to date. The second phase is on 2.89 acres and includes 244 units. The second phase opened in October 2017. CONDITIONAL USE PERMIT NO. 2017-05945 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2017-00138 February 5, 2018 Page 2 of 5 This item was continued from the January 22, 2018 meeting in order to readvertise the request by adding the public convenience or necessity determination. The subject commercial tenant space is within a four-story building, constructed over two levels of underground parking garage. The Planning Commission approved the subject commercial tenant space as part of its approval of Final Site Plan No. 2005-00006 (FSP2005-00006). As a condition of approval, the property owner was required to reserve seven parking spaces on the upper garage level, as shown in Attachment No. 6, for customers of the tenant space. PROPOSAL: The applicant is proposing to operate a 1,298 square foot convenience store, called The Corner Shop, within the vacant commercial tenant space, shown in the picture below. The proposed convenience store would sell beer and wine for off-site consumption. No modifications to the building’s exterior are proposed. The applicant has not proposed any signs in conjunction with this request; however, any proposed signs would be required to comply with Anaheim Municipal Code. Interior modifications would include the tenant improvements for a typical convenience store, as shown in Attachment No. 7. The convenience store would operate with a Type 20 (Off-Sale Beer and Wine) license from the California Department of Alcohol Beverage Control (ABC). The convenience store would sell beer and wine, a selection of food and snacks, beverages, coffee, and sundries. The store would operate from 6:00 a.m. to 11:00 p.m., seven days a week with up to 12 employees staggered across all shifts. Exterior of Tenant Space FINDINGS AND ANALYSIS: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; CONDITIONAL USE PERMIT NO. 2017-05945 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2017-00138 February 5, 2018 Page 3 of 5 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. Convenience stores and the sale of beer and wine for off-site consumption require approval of a conditional use permit in the PTMU Overlay Zone in order to determine compatibility with surrounding land uses. Staff believes that the convenience store and the sale of beer and wine for off-site consumption would not adversely affect the surrounding land uses or the growth and development of the area if the applicant operates the business in a responsible manner and in compliance with the recommended conditions of approval. These conditions include the prohibition of any exterior advertising of alcoholic beverages and a requirement that all employees complete ABC LEAD (Licensee Education on Alcohol and Drugs) training. The primary function of The Corner Shop is to serve the on-site residents and those in adjacent residential developments, by offering a selection of consumer goods needed on a daily basis. The previously approved Final Site Plan for the Vivere mixed-use development, including the subject tenant space, required seven parking spaces to be dedicated for use by customers of the tenant space, as shown in Attachment No. 5. The dedicated parking spaces are located on the upper garage level plan shown in Attachment No. 6. There would be no increase in the parking requirement since the applicant is not proposing any expansion in floor area. As a condition of approval, the applicant will be required to install signs for these spaces that state that the spaces are for “The Corner Shop.” The condition would require installation of the signs within thirty days of the approval of the proposed project. Based on these factors, staff believes that the proposed use would be compatible with the surrounding area and recommends approval of the conditional use permit. Determination of Public Convenience or Necessity: State law limits the issuance of alcoholic beverage licenses when a license is requested for a property located in a police reporting district with a crime rate above the City average, or when there is an over-concentration in the number of ABC licenses within a census tract. In this case, the subject property is in an area that has an over-concentration of ABC licenses. However, the law also states that ABC can waive this restriction if the local jurisdiction makes a determination that the proposed license would serve a "public convenience or necessity." Since there is an over-concentration of off-sale licenses in the census tract, a “determination of public convenience or necessity" is required for this license request. CONDITIONAL USE PERMIT NO. 2017-05945 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2017-00138 February 5, 2018 Page 4 of 5 The property is within Police Reporting District No. 2027, which has a crime rate that is below the citywide average. In addition, there were no calls for service at this location in the last year. Therefore, state law would not limit the issuance of ABC licenses for this property based of the crime rate. However, the Police Department also evaluates requests for ABC licenses based on the crime rate within a one-quarter mile radius of the subject site. Over the last year, the crime rate within a one-quarter mile radius of this property was 45 percent above the citywide average based upon calls for service. The calls consisted of 57 petty thefts, 14 thefts from vehicles, 12 vandalisms, and 8 simple assaults. This property is located within Census Tract No. 863.03, which has a population of 6,212. Based on population size, the State would consider the subject census tract over-concentrated with licenses for the sale of beer and wine for off-site consumption if there are more than three off-sale licenses. There are presently five licenses in the tract. The Corner Shop at Vivere would be obtaining a new off-sale license from ABC, which would increase this number to six. However, the Platinum Triangle is an area of the City that allows for higher density mixed-use development. The residents expect convenient shopping locations, including for the sale of beer and wine for off-site consumption. The provision of the convenience store and the sale of beer and wine for off-site consumption in close proximity to residential development will encourage a more walkable urban environment for the residents. CONDITIONAL USE PERMIT NO. 2017-05945 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2017-00138 February 5, 2018 Page 5 of 5 CONCLUSION: The proposed convenience store would provide a convenient shopping location for area residents and reduce automobile trips for daily shopping needs. The store would meet the goals of the PTMU by encouraging a walkable urban environment for residents. Staff believes that with the proposed conditions of approval, convenience store and the sale of beer and wine for off-site consumption would be compatible with the neighborhood. Staff recommends approval of this request. Prepared by, Submitted by, Christine Saunders Irma Huitron Associate Planner Acting Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Draft Public Convenience or Necessity Resolution 3. Letter of Request 4. Police Department Memorandum 5. Final Site Plan Site Summary Parking Requirements 6. Site Plan 7. Floor Plan 8. Site Photos I (PTMU)Katella Sub-Area BDEV 2017-00116ANAHEIM APARTMENT COMMUNITIES I (PTMU)Katella Sub-Area AINDUSTRIAL I (PTMU)Katella Sub-Area BJEFFERSON PLATINUM TRIANGLE II I (PTMU)Katella Sub-Area ARESTAURANT I (PTMU)Katella Sub-Area BANAHEIM APARTMENT COMMUNITIES I (PTMU)Katella Sub-Area BPARK VIRIDIAN I (PTMU)Katella Sub-Area BVACANT I (PTMU)Katella Sub-Area BJEFFERSON PLATINUM TRIANGLE II I (PTMU)Katella Sub-Area BMAGNOLIAPARK I (PTMU)OfficeINDUSTRIALI (PTMU)OfficeINDUSTRIAL I (PTMU)KatellaSub-Area AINDUSTRIAL I (PTMU)Katella Sub-Area BA-TOWN METRO I (PTMU)Katella Sub-Area BVACANT I (PTMU)Katella Sub-Area BVACANT I (PTMU)Katella Sub-Area BVACANT I (PTMU)Katella Sub -Area AINDUSTRIAL I (PTMU)Katella Sub -Area AINDUSTRIAL I (PTMU)Katella Sub -Area AKATELLA GRAND I (PTMU)Katella Sub-Area AKATELLA GRAND I (PTMU)LewisIND. FIRMS E KATELLA AVE E PARK ST S B E T M O R L N S M A R K E T S T S A U B U R N W A Y S W E S T S I D E D R E WRIGHT CIRE MASON LN S U N I O N S T E. KATELLA AVES. H A R B O R B L V D E. CERRITOS AVE E. ORANGEWOOD AVE S . H A S T E R S T S . S T A T E C O L L E G E B L V D S . A N A H E I M B L V D S . S U N K I S T S T E. GENE AUTRY WAY S .D O U G L A S S R D S . C L E M E N T I N E S T 1 3 3 1 Ea st Katella Avenue, Unit #107 D E V N o. 2017-00116 Subject Property APN: 082-261-29 °0 50 100 Feet Aeria l Photo:May 2016 E KATELLA AVE E PARK ST S B E T M O R L N S M A R K E T S T S A U B U R N W A Y S W E S T S I D E D R E WRIGHT CIRE MASON LN S U N I O N S T E. KATELLA AVES. H A R B O R B L V D E. CERRITOS AVE E. ORANGEWOOD AVE S . H A S T E R S T S . S T A T E C O L L E G E B L V D S . A N A H E I M B L V D S . S U N K I S T S T E. GENE AUTRY WAY S .D O U G L A S S R D S . C L E M E N T I N E S T 1 3 3 1 Ea st Katella Avenue, Unit #107 D E V N o. 2017-00116 Subject Property APN: 082-261-29 °0 50 100 Feet Aeria l Photo:May 2016 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2018-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05945 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00116) (1331 EAST KATELLA AVENUE, UNIT #107) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05945 to permit a new “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to permit the sale of beer and wine for off-site consumption within a convenience market (The Corner Shop), for certain real property located at 1331 East Katella Avenue #107 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, Conditional Use Permit No. 2017-05945 is proposed in conjunction with Public Convenience or Necessity No. 2017-00138, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, consisting of approximately 1.55 acres, is developed with a 92-unit mixed use development with a 1,298 square foot, ground floor tenant space for the convenience store. The Anaheim General Plan designates the Property for “MU” Mixed Use land uses. The Property is located within the underlying “I” Industrial Zone, implementing the "PTMU" Platinum Triangle Mixed Use Overlay Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.20 (Platinum Triangle Mixed Use Overlay) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 22, 2018 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith, and the hearing was continued to the February 5, 2018 meeting; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2018-*** WHEREAS, this 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 pertaining to the request for Conditional Use Permit No. 2017-05945, does find and determine the following facts: 1. The proposed request for a new “Type 20” Off-Sale Beer and Wine ABC license to permit the sale of beer and wine for off-site consumption within a convenience store is an allowable use within the "PTMU" Platinum Triangle Mixed Use Overlay Zone under Section 18.20.030 (Uses) of Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) of the Code, subject to a conditional use permit and the zoning and development standards of the "PTMU" Platinum Triangle Mixed Use Overlay Zone. 2. The Proposed Project, under the conditions imposed, is compatible with the existing and proposed uses in the surrounding area. 3. The size and shape of the site for the Proposed Project, under the conditions imposed, is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because the convenience store will adhere to all required land use standards, including the required number of parking spaces. 4. The traffic generated by the Proposed Project, under the conditions imposed, 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 increase in conjunction with the new ABC license request. 5. The granting of the Proposed Project, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and would not be 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. - 3 - PC2018-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2017-05945, contingent upon and subject to (i) approval of Public Convenience or Necessity No. 2017-00138, now pending, and (ii) 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. 2017-05945 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 5, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-*** 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 February 5, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-*** - 6 - PC2018-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2017-05945 (DEV2017-00116) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 2 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 4 Sales of alcoholic beverages shall be made to customers only when the customer is inside the building. Police Department 5 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 7 The petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 8 There shall be no amusement machines or video game devices maintained upon the premises at any time. Police Department 9 The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. Police Department 10 Managers/Owners shall contact the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. Police Department - 7 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 11 The seven parking spaces in the parking structure reserved for the retail space shall be identified as “Reserved Parking for the Corner Shop” within thirty (30) days of the date of this resolution. Planning and Building Department, Planning Services Division 12 Window signs shall comply with the maximum area allowed by the Zoning Code. At no time shall window signs exceed 20% of the window area. Planning and Building Department, Planning Services Division 13 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 14 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 15 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division [DRAFT] ATTACHMENT NO. 2 - 1 - PC2018-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2017-00138 TO PERMIT A TYPE 20 (OFF SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00116) (1331 EAST KATELLA AVENUE, UNIT #107) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for Public Convenience or Necessity No. 2017-00138 for a new “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to permit the sale of beer and wine for off-site consumption within a convenience store (“The Corner Shop”) for certain real property located at 1331 East Katella Avenue #107, 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, Public Convenience or Necessity No. 2017-00138 is proposed in conjunction with a request for Conditional Use Permit No. 2017-05945, now pending, which together with the Project, shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the Property, consisting of approximately 1.55 acres, is developed with a 92-unit mixed use development with a 1,298 square foot, ground floor tenant space for a convenience store. The Anaheim General Plan designates the Property for “MU” Mixed Use land uses. The Property is located within the underlying “I” Industrial Zone, implementing the "PTMU" Platinum Triangle Mixed Use Overlay Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.20 (Platinum Triangle Mixed Use Overlay) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 22, 2018 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith, and the hearing was continued to the February 5, 2018 meeting; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2018-*** WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), that the Proposed Project is 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 request for a Determination of Public Convenience or Necessity No. 2017-00138, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "Public Convenience or Necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by the issuance of a license. For purposes of Section 23958.4, "undue concentration" means the case in which the Property is located in an area where any of the following conditions exist: (a) The Property is located in a crime reporting district that has a 20 percent greater number of reported crimes than the average number of “reported crimes” (as defined in Section 23958.4), as determined from all crime reporting districts within the City of Anaheim. (b) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the Property is located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (c) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the Property is located exceeds the ratio of off-sale retail licenses to population in the county. - 3 - PC2018-*** 3. Notwithstanding the existence of the above-referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations; and, when the sale of alcoholic beverages for off-premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 5. The Property is located within Census Tract No. 863.03 with a population of 6,212 that allows for three off-sale ABC licenses. There are presently five off-sale ABC licenses in the tract. The Property is located in Police Reporting District No. 2027, which has a crime rate that is below the City-wide average. The Police Department evaluates these requests based on the crime rate within a one-quarter mile radius of the Property for the subject site. The crime rate within ¼ mile of this Property is 45 percent above the City-wide average based upon calls for service. Since there is an overconcentration of off-sale licenses in the census tract and the crime rate is above the city-wide average, a determination of "public convenience or necessity" is required for this ABC license request. 6. The request to permit beer and wine sales for off-premises consumption in conjunction with a convenience store would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is a mixed-use residential development with a ground floor tenant space that was intended as a convenience store to serve the area residents, and the proposed store is compatible with the existing uses in the surrounding area; and 7. The determination of "Public Convenience or Necessity" can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that the granting of the determination of Public Convenience or Necessity, under the conditions imposed, will not be detrimental to the health and safety of 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. - 4 - PC2018-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Public Convenience or Necessity No. 2017-00138, contingent upon and subject to (i) approval of Conditional Use Permit No. 2017-05945, now pending, and (ii) 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 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 5, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-*** 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 February 5, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2018-*** - 7 - PC2018-*** EXHIBIT “B” DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2017-00138 (DEV2017-00116) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 2 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 4 Sales of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 5 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 7 The petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 8 There shall be no amusement machines or video game devices maintained upon the premises at any time. Police Department 9 The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. Police Department 10 Managers/Owners shall call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. Police Department - 8 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 11 The seven parking spaces in the parking structure reserved for the retail space shall be signed as “Reserved Parking for the Corner Shop” within thirty (30) days of the date of this resolution. Planning and Building Department, Planning Services Division 12 Window signs shall comply with the maximum area allowed by the Zoning Code. At no time shall window signs exceed 20% of the window area. Planning and Building Department, Planning Services Division 13 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 14 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 15 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division November​ ​5,​ ​2017 City​ ​of​ ​Anaheim Planning​ ​Department 200​ ​S.​ ​Anaheim​ ​Blvd. Anaheim,​ ​CA​ ​92805 Re: Moller​ ​Retail,​ ​Inc, 1331​ ​E.​ ​Katella​ ​Ave.,​ ​#107 Anaheim,​ ​CA​ ​92805 Dear​ ​Sirs: Moller​ ​Retail,​ ​Inc.​ ​is​ ​applying​ ​for​ ​a​ ​Conditional​ ​Use​ ​Permit​ ​and​ ​Determination​ ​of​ ​Public​ ​Convenience​ ​or Necessity​ ​to​ ​allow​ ​the​ ​sale​ ​of​ ​beer​ ​and​ ​wine​ ​for​ ​off-site​ ​consumption​ ​in​ ​conjunction​ ​with​ ​the​ ​operation​ ​of a​ ​new​ ​retail​ ​market​ ​located​ ​within​ ​the​ ​Vivere​ ​Apartments​ ​at​ ​1331​ ​E.​ ​Katella​ ​Ave,​ ​#107,​ ​Anaheim,​ ​CA 92805. The​ ​market​ ​will​ ​occupy​ ​a​ ​1,298​ ​s.f.​ ​tenant​ ​space​ ​on​ ​the​ ​ground​ ​floor​ ​of​ ​an​ ​existing​ ​residential development.​ ​​ ​The​ ​four​ ​story​ ​development​ ​was​ ​constructed​ ​in​ ​2011​ ​and​ ​includes​ ​92​ ​residential​ ​units. Requested​ ​hours​ ​of​ ​operation​ ​are​ ​6am​ ​to​ ​11pm​ ​daily,​ ​to​ ​accommodate​ ​the​ ​needs​ ​of​ ​nearby​ ​residents. The​ ​market​ ​will​ ​employ​ ​up​ ​to​ ​12​ ​people,​ ​including​ ​all​ ​shifts​ ​and​ ​positions. The​ ​applicant​ ​will​ ​be​ ​pursuing​ ​a​ ​Type​ ​#20​ ​License​ ​from​ ​the​ ​Dept​ ​of​ ​ABC;​ ​Off-Sale​ ​Beer​ ​and​ ​Wine.​ ​​ ​It will​ ​be​ ​an​ ​original​ ​license​ ​purchased​ ​directly​ ​from​ ​the​ ​Dept​ ​of​ ​ABC.​ ​The​ ​applicants​ ​operate​ ​a​ ​number​ ​of similarly​ ​licensed​ ​operations​ ​throughout​ ​the​ ​state,​ ​and​ ​have​ ​an​ ​excellent​ ​record​ ​of​ ​compliance​ ​with​ ​the ABC. We​ ​are​ ​available​ ​to​ ​answer​ ​any​ ​questions​ ​or​ ​offer​ ​additional​ ​information.​ ​​ ​Thank​ ​you​ ​for​ ​anticipated support​ ​of​ ​this​ ​application. Brett​ ​Engstrom Liquor​ ​License.com (626)993-7350 Brett@liquorlicense.com ATTACHMENT NO. 3 ATTACHMENT NO. 4 FINAL SITE PLAN REVIEW NO. 2005-00006 ATTACHMENT NO. 5 FINAL SITE PLAN REVIEW NO. 2005-00006 AT T A C H M E N T NO. 6 ATTACHMENT NO. 7 ATTACHMENT NO. 8 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: FEBRUARY 5, 2018 SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05942 LOCATION: 1081 North Tustin Avenue, Units 116 & 117 (Square Room Escape) APPLICANT/PROPERTY OWNER: The applicant is Ryan King and the property owner is Pac Center Acquisition Partners LLC, represented by Brett Weekley. REQUEST: The applicant is requesting approval of a conditional use permit to permit an indoor entertainment facility, known as an “escape room”, within two existing commercial tenant spaces. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution (Attachment No. 1), 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. 2017-05942. BACKGROUND: This 1.2-acre property is developed with two retail commercial buildings and is part of a larger commercial complex known as “PacifiCenter”. The property is located in the 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 commercial uses to the south and west across Tustin Avenue, an office building to the west, and a gas station and industrial uses to the north across La Palma Avenue. PROPOSAL: The applicant proposes to permit a 3,560 square foot indoor entertainment facility, known as the Square Escape Room. The facility includes four escape rooms, a reception lobby and restrooms. No changes to the exterior of the building are proposed. The Square Escape Room 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 Square Escape Room would offer four unique experiences, each entertaining groups of 3-8 people. Every room would be equipped with security cameras, emergency exits, and two-way communication between customers and employees. CONDITIONAL USE PERMIT NO. 2017-05942 February 5, 2018 Page 2 of 3 The escape room experiences would take approximately 60 minutes. There is a 30 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 of the safety rules. The hours of operation for the business would be from 11:00 a.m. to 12:00 a.m. seven days a week and would be operated by 2-4 employees at any given time. Although the request for the Square Escape Room is independent of other activities in the business complex, it should be noted that the site would be affected by a larger development application currently being processed by the City of Anaheim. The Link OC project, which encompasses a larger development area, proposes to develop two multi-family residential communities along with a 5,000 square foot retail building within the PacifiCenter business park. The impact of the Link OC development on the overall parking supply is further discussed below. 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 entirely within the commercial unit and adequate parking for the use would be provided as described in the parking analysis below. Furthermore, the proposed operating hours would occur after normal business hours for the complex. With the conditions imposed, such as restricting the operation to those outlined in the attached Letter of Request (Attachment No. 2) and limiting the sessions to eight participants each, the establishment of this use would not impact the operations of other nearby commercial businesses or be detrimental to the health and safety of the citizens of the City of Anaheim. CONDITIONAL USE PERMIT NO. 2017-05942 February 5, 2018 Page 3 of 3 Parking: The Anaheim Municipal Code stipulates that parking requirements be calculated by combining the needs of the entertainment facility with the other restaurant, retail and office uses on the property. Since the parking requirement for an indoor entertainment use isn’t specifically listed in the parking code, a shared parking analysis was prepared by a consulting firm “LSA” (Attachment No. 3) to determine the parking demand. The parking analysis concluded that the proposed entertainment facility and other existing uses in the business center would require a total of 193 parking spaces, 14 of which would be required for the proposed indoor entertainment facility. The property contains a total of 262 parking spaces, which is more than the amount of spaces required for the entire business complex. The applicant has indicated that most participants drive to the facility in groups. The peak parking demand for the indoor entertainment use is in the evening and weekends, which is during the off-peak hours of the other office uses within the center. Even with the existing fast- food and take-out restaurant uses, adequate parking will be provided. Therefore, staff concurs with the parking study’s analysis and conclusion that 262 parking spaces would accommodate all of the businesses on the site, including the proposed indoor entertainment use. Further, the parking study considers changes in parking demand for the commercial uses should the Link OC project proceed and be constructed. The commercial area of the Link OC project would be restriped to reduce the amount of parking from 262 spaces to 228 spaces in order to accommodate a new 5,000 square foot commercial building. The 228 parking spaces would still exceed the required parking for all of the planned commercial uses. All residential parking proposed with the Link OC project would not be dependent on this commercial parking area. 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 indoor entertainment gaming facility is compatible with the on-site retail, office, and restaurant uses in the surrounding area. The number of parking spaces provided is adequate to accommodate the gaming facility and no impacts the adjacent businesses are anticipated. Staff recommends approval of this request. Prepared by, Submitted by, Wayne Carvalho Irma Huitron Contract Planner Acting Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Applicant’s Letter of Request 3. LSA Shared Parking Analysis 4. Photographs 5. Site Plan and Floor Plan DEV 2017-00109RETAILCENTER SP 2015-1DA3OFFICES SP 2015-1DA1OFFICESSP 2015-1DA1SERVICE STATION RAILROAD SP 2015-1DA1GENERAL ELECTRICOFFICES SP 2015-1DA3RETAIL SP 2015-1DA3RETAIL SP 2015-1DA3OFFICEBUILDING SP 2015-1DA3VACANT LOT SP 2015-1DA3PACIFICCENTER SP 2015-1DA3PACIFICCENTER SP 2015-1DA3COMMERCIAL BUILDING SP 2015-1DA3EXTENDEDSTAY AMERICA SP 2015-1DA3OFFICES SP 2015-1DA3RESTAURANT AND COFFEE SHOP SP 2015-1DA3OFFICES SP 2015-1DA1CANYON GATEPLAZA SP 2015-1DA1CANYON GATE PLAZA SP 2015-1DA1RETAIL SP 2015-1DA1INDUSTRIAL SP 2015-1DA1INDUSTRIAL SP 2015-1DA1GENERAL ELECTRICOFFICES SP 2015-1DA1INDUSTRIAL M E T R O L I N K A N A H E I M C A N Y O N S T A T I O N SP 2015-1DA3FAST FOOD RESTAURANT SP 2015-1DA3FAST FOODRESTAURANT N T U S T I N A V E E LA PALMA AVE N T U S T I N A V E E LA PALMA AVE N P A C I F I C E N T E R D R N J E F F E R S O N F R O N T A G E R D N P A C I F I C E N T E R D R E . L A P A L M A A V E E . M I R A L O M A A V E N . T U S TI N AVE E.R I V E R D A L E A V E 1 0 8 1 North Tus tin Aven ue, Suites 116 and 117 D E V N o. 2017-00109 Subject Property APN: 345-181-05 °0 50 100 Feet Aeria l Photo:May 2016 N T U S T I N A V E E LA PALMA AVE N T U S T I N A V E E LA PALMA AVE N P A C I F I C E N T E R D R N J E F F E R S O N F R O N T A G E R D N P A C I F I C E N T E R D R E . M I R A L O M A A V E E.R I V E R D A L E A V E E .L A P A L M A AVE N . T U S TIN A V E N . K R A E M E R B L V D E . L A P A L M A A V E 1 0 8 1 North Tus tin Aven ue, Suites 116 and 117 D E V N o. 2017-00109 Subject Property APN: 345-181-05 °0 50 100 Feet Aeria l Photo:May 2016 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2018-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05942 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00109) (1081 NORTH TUSTIN AVENUE, SUITES 116 AND 117) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2017- 05942 to permit an indoor entertainment gaming facility known as the Square Escape Room, (herein referred to as the "Proposed Project") for premises located at 1081 North Tustin Avenue, Suites 116 and 117 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 1.23 acres in size and is currently developed with two commercial buildings. The Property is located in the Transit Oriented Area (Development Area 3) of the Anaheim Canyon Specific Plan “SP 2015-1, DA 3” 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. 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 February 5, 2018 at 5:00 p.m., and notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2017-05942, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2018-*** 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. 2017- 05942, does find and determine the following: 1. The proposed request to permit an indoor entertainment gaming facility within an existing commercial building is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Section No. 18.120.040.010 of the Code. 2. The proposed conditional use permit to permit an indoor entertainment gaming facility, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by compatible buildings and uses; and, the entertainment gaming facility 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 indoor entertainment gaming facility in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing commercial building that is surrounded by other commercial uses. 4. The traffic generated by the indoor entertainment gaming facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking 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 commercial 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. 2017-05942, 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. 2017-05942 in order to preserve the health, - 3 - PC2018-*** safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 5, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-*** 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 February 5, 2018 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-*** - 6 - PC2018-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2017-05942 (DEV2017-00109) 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 The entertainment use shall take place indoors. 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 Escape room game sessions shall have a cumulative maximum of 26 participants at any time (3 rooms at max. 6 participants, 1 room at max. 8 participants). Planning and Building Department, Planning Services Division 6 Prior to the commencement of any business or entertainment gaming acitivies, all of the proper permits and occupany requirements shall be approved by the Building Division of the Planning and Building Department. Planning and Building Department, Planning Services Division Buidling Division - 7 - PC2018-*** 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 October​ ​11,​ ​2017 Contact​ ​Information  Ryan​ ​King​ ​|​ ​email:​ ​​ryan@squareroomescape.com​​ ​|​ ​phone:​ ​626.696.7363 Mike​ ​Lou​ ​|​ ​email:​ ​​mike@squareroomescape.com​​ ​|​ ​phone:​ ​951.907.1558 Location  Link​ ​OC 1081​ ​North​ ​Tustin​ ​Ave​ ​approx.​ ​3,560​ ​gross​ ​square​ ​feet. Anaheim,​ ​CA​ ​92807 Description​ ​of​ ​Proposed​ ​Use  We​ ​will​ ​be​ ​using​ ​this​ ​location​ ​as​ ​an​ ​expansion​ ​location​ ​for​ ​our​ ​existing​ ​​Square​ ​Room​ ​Escape business.​ ​The​ ​main​ ​idea​ ​behind​ ​a​ ​room​ ​escape​ ​is​ ​that​ ​a​ ​small​ ​group​ ​of​ ​people​ ​are​ ​given​ ​a​ ​time limit​ ​to​ ​solve​ ​puzzles​ ​and​ ​riddles​ ​to​ ​find​ ​their​ ​way​ ​out​ ​of​ ​the​ ​room. The​ ​business​ ​would​ ​be​ ​run​ ​primarily​ ​through​ ​appointments​ ​and​ ​accepting​ ​walk-ins​ ​only​ ​if​ ​there are​ ​no​ ​current​ ​bookings.​ ​Each​ ​room​ ​can​ ​be​ ​attempted​ ​by​ ​groups​ ​of​ ​3-8​ ​people,​ ​and​ ​in​ ​this location,​ ​we​ ​would​ ​aim​ ​to​ ​create​ ​between​ ​3-4​ ​separate​ ​rooms. Each​ ​room​ ​will​ ​be​ ​equipped​ ​with​ ​security​ ​cameras​ ​as​ ​well​ ​as​ ​either​ ​an​ ​alarm​ ​buzzer​ ​or​ ​two​ ​way communication​ ​between​ ​those​ ​in​ ​the​ ​room​ ​and​ ​the​ ​employee​ ​working​ ​the​ ​shift.​ ​Furthermore,​ ​an emergency​ ​exit​ ​will​ ​always​ ​be​ ​provided​ ​for​ ​patrons​ ​inside​ ​the​ ​room. No​ ​extra​ ​offices​ ​will​ ​be​ ​built​ ​for​ ​administrative​ ​use​ ​on-site,​ ​this​ ​will​ ​all​ ​be​ ​done​ ​off-site. Current​ ​website​ ​for​ ​our​ ​existing​ ​business​ ​at: 2710​ ​Alton​ ​Parkway​ ​Suite​ ​#209 Irvine,​ ​CA​ ​92606 https://www.squareroomescape.com Hours​ ​of​ ​Operations   Overall​ ​Hours​ ​​Monday​ ​-​ ​Friday Shift​ ​#1​ ​Hours 11:00​ ​am​ ​-​ ​6:30​ ​pm Shift​ ​#2​ ​Hours 6:30​ ​pm​ ​-​ ​12:00​ ​am Overall​ ​Hours​ ​​Saturday​ ​and​ ​Sunday Shift​ ​#1​ ​Hours 11:00​ ​am​ ​-​ ​12:00​ ​am 1 ATTACHMENT NO. 2 Potential​ ​Hour​ ​Breakdown​ ​by​ ​Runs​ ​​Monday​ ​-​ ​Friday​​ ​(all​ ​rooms​ ​will​ ​be​ ​run​ ​simultaneously) Run​ ​#1 11:00​ ​am​ ​-​ ​12:00​ ​pm Run​ ​#2 12:30​ ​pm​ ​-​ ​1:30​ ​pm Run​ ​#3 2:00​ ​pm​ ​-​ ​3:00​ ​pm Run​ ​#4 3:30​ ​pm​ ​-​ ​4:30​ ​pm Run​ ​#5 5:00​ ​pm​ ​-​ ​6:00​ ​pm Run​ ​#6 6:30​ ​pm​ ​-​ ​7:30​ ​pm Run​ ​#7 8:00​ ​pm​ ​-​ ​9:00​ ​pm Run​ ​#8 9:30​ ​pm​ ​-​ ​10:30​ ​pm Run​ ​#9 11:00​ ​pm​ ​-​ ​12:00​ ​am Potential​ ​Hour​ ​Breakdown​ ​by​ ​Runs​ ​​Saturday​ ​and​ ​Sunday​​ ​(all​ ​rooms​ ​will​ ​be​ ​run simultaneously) Run​ ​#1 11:00​ ​am​ ​-​ ​12:00​ ​pm Run​ ​#2 12:30​ ​pm​ ​-​ ​1:30​ ​pm Run​ ​#3 2:00​ ​pm​ ​-​ ​3:00​ ​pm Run​ ​#4 3:30​ ​pm​ ​-​ ​4:30​ ​pm Run​ ​#5 5:00​ ​pm​ ​-​ ​6:00​ ​pm Run​ ​#6 6:30​ ​pm​ ​-​ ​7:30​ ​pm Run​ ​#7 8:00​ ​pm​ ​-​ ​9:00​ ​pm Run​ ​#8 9:30​ ​pm​ ​-​ ​10:30​ ​pm Run​ ​#9 11:00​ ​pm​ ​-​ ​12:00​ ​am 2 Size​ ​of​ ​Operation  3,560​ ​gross​ ​square​ ​feet.  Number​ ​of​ ​Employees  We​ ​will​ ​have​ ​​2-3​ ​employees​​ ​on​ ​the​ ​premises​ ​at​ ​any​ ​given​ ​time. Types​ ​of​ ​use(s)​ ​proposed  Office​ ​space​ ​use,​ ​Entertainment Sale​ ​of​ ​Food/Beverages  We​ ​will​ ​not​ ​sell​ ​any​ ​food​ ​or​ ​beverages​ ​on-site. Hazardous​ ​Materials/Waste​ ​used​ ​or​ ​generated  We​ ​will​ ​not​ ​use,​ ​manufacture​ ​or​ ​dispose​ ​of​ ​any​ ​hazardous​ ​waste 3 BERKELEY CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO 20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.lsa.net December 15, 2017 Wayne Carvalho City of Anaheim Department of Planning and Building 200 South Anaheim Boulevard, First Floor Anaheim, CA 92805 Subject: Link OC Shared Parking Analysis Dear Mr. Carvalho: LSA is pleased to submit this analysis of parking for the Square Escape Room project (Project) at the PacifiCenter in Anaheim. The PacifiCenter site is at the southwest corner of Tustin Avenue/La Palma Avenue in the Canyon district in Anaheim. The PacifiCenter consists of 25.71 acres bounded by La Palma Avenue, Tustin Avenue, the State Route 91 westbound on-ramp, and BNSF Railway railroad tracks. Vehicular access to the site is provided via signalized intersections at Tustin Avenue/PacifiCenter Drive and PacifiCenter Drive/La Palma Avenue. The commercial retail center parking lot for the Project is accessed by a right-in/right-out driveway on Tustin Avenue and a full- access driveway on Pacificenter Drive. The PacifiCenter is in Development Area 3 (Transit Oriented Area) of the Anaheim Canyon Specific Plan. The Anaheim Canyon Specific Plan does not change the City of Anaheim’s parking standards for land uses in the specific plan area. Parking and loading provisions in Anaheim Municipal Code (AMC) Section 18.42.040 apply to this Project. The Project would include tenant improvements in the existing commercial retail center to construct a 3,560 square foot (sf) escape room. Escape rooms are a form of commercial indoor recreation in which customers are given a time limit to solve puzzles within a themed space. The AMC does not specify a parking rate for this type of commercial indoor recreation and instead requires a parking demand study. The purpose of this letter is to serve as that parking demand study. Operational Parking Demand The Project applicant has an existing location in a commercial retail center in Irvine and provided operational data based on the experience at that location. The existing location has two rooms within 1,088 sf of space. The maximum number of employees on site is two, and groups of three to six customers can use each room. Customers reserve a time slot in advance. Customers are given a 1-hour time limit to complete the puzzles. Given the time required for employees to reset the puzzles, groups are not scheduled to overlap. Based on 2 years of operation at the current location, the applicant has observed that the busiest times are weekends when all time slots might be reserved. During weekdays, the most popular time slot is 8:00 p.m. At the proposed location, the 3,560 sf space could hold four rooms. A minimum of two employees would be on site, with a maximum of four employees during the busiest times. Group sizes would be limited to three to six customers per room for three of the rooms. One room would have a maximum of eight customers. Customers would be able to reserve a 1-hour time slot. One half-hour would be provided between time slots to allow employees to reset the puzzles. This separation of ATTACHMENT NO. 3 12/15/17 «P:\HNS1601\Escape Room\Parking Letter2.docx» 2 time slots means that one group would not arrive and wait while another group is in their reserved room. At times when all four rooms are occupied, a minimum of 12 and a maximum of 26 customers would be on site. The business charges a fee per person, and not per room. From the operator’s experience, it is unlikely that all rooms would be reserved by the maximum group size simultaneously. On average, 19 customers would be on site when all four rooms are reserved. As a group activity, an average vehicle occupancy of 2 customers per vehicle is expected for approximately 10 customer vehicles. During these busiest times, there would be four employees with four employee vehicles; therefore, the maximum parking demand would be 14 vehicles. It should be noted that the anticipated Project parking demand, based on operational experience at the Applicant’s existing location, is similar to a retail or personal services parking rate of four spaces per 1,000 sf (4 spaces/1,000 sf x 3,560 sf = 14.24 spaces). Commercial Retail Center Parking Demand As previously mentioned, the Project would be located within an existing building in the commercial retail center. The existing commercial retail center has 29,527 sf of total space consisting of two fast-food restaurants on separate pads and retail, personal services, medical/dental office, and restaurant uses in two additional buildings. AMC 18.42.040 states at all uses other than restaurants within large commercial retail centers are to be parked at a rate of four spaces per 1,000 sf of gross floor area, and that restaurants within retail centers with 40 percent or less of gross floor area devoted to restaurant uses are to be parked at a rate of four spaces per 1,000 sf. However, this analysis conservatively analyzes the parking requirement for each individual use within the commercial retail center. Table A presents the off-street parking spaces required for each individual land use within the commercial retail center. Table A: Municipal Code Parking Requirements for Individual Land Uses Land Use Parking Space Rates per Anaheim Municipal Code Section 18.42.040 Parking Requirements Size Unit Required Parking Spaces Carl’s Jr – Fast Food 10 spaces per TSF 3.700 TSF 37.0 Taco Bell – Fast Food 10 spaces per TSF 2.234 TSF 22.3 Building 1071 Lit Café – Restaurant, General 10 spaces per TSF 2.000 TSF 20.0 Glamorous Nails – Personal Services 4 spaces per TSF 1.094 TSF 4.4 Byblos – Restaurant, General 10 spaces per TSF 1.406 TSF 14.1 Vacant – Retail/Personal Services 4 spaces per TSF 6.461 TSF 25.8 Building 1081 Jimmy Johns – Restaurant, General 10 spaces per TSF 1.345 TSF 13.5 Optometrist – Medical/Dental Office 6 spaces per TSF 1.005 TSF 6.0 Dentist – Medical/Dental Office 6 spaces per TSF 1.006 TSF 6.0 Square Escape Room – Indoor Recreation Parking Demand Study 3.560 TSF 14.0 Employbridge – Personal Services 4 spaces per TSF 3.131 TSF 12.5 Spin Poke – Restaurant, General 10 spaces per TSF 1.310 TSF 13.1 Vacant – Retail/Personal Services 4 spaces per TSF 1.005 TSF 4.0 Total 193 TSF = thousand square feet SQUARE ESCAPE ROOM 1081 N. TUSTIN AVENUE, SUITES 116 & 117 SUBJECT UNIT ATTACHMENT NO. 4     INTERIOR OF SUITE     VIEWS FROM SUITE TOWARD PARKING LOT N . T U S T I N A V E . E. L A P A L M A A V E . FE F E F E (E ) BU I L D I N G " A " 10 , 8 0 0 S F (E ) BU I L D I N G " B " 12 , 2 8 0 S F (E ) BU I L D I N G N. I . C . (E ) BU I L D I N G N. I . C . (E ) T R A S H EN C L O S U R E (E ) T R A S H EN C L O S U R E (E ) T R A S H EN C L O S U R E (E ) L A N D S C A P E ( E ) L A N D S C A P E (E ) L A N D S C A P E (E ) L A N D S C A P E ( E ) S I D E W A L K , T Y P . (E ) S I D E W A L K , T Y P . ( E ) S I D E W A L K , T Y P . (E) SIDEWAL K , T Y P . (E) LANDSC A P E (E ) L A N D S C A P E (E ) S I D E W A L K , T Y P . ( E ) L A N D S C A P E (E ) S I D E W A L K (E) L A N D S C A P E (E ) S E A T I N G AR E A T O B E MO D I F I E D (E ) P A R K I N G S T A L L (E ) P A R K I N G S T A L L (E ) P A R K I N G S T A L L (E ) P A R K I N G S T A L L ( E ) P A R K I N G S T A L L ( E ) L A N D S C A P E A R E A , T Y P . ( E ) L A N D S C A P E A R E A , T Y P . ( E ) L A N D S C A P E A R E A , T Y P . ( E ) L A N D S C A P E A R E A , T Y P . ( E ) L A N D S C A P E A R E A , T Y P . (E ) PL A N T E R , TY P . (E ) PL A N T E R , TY P . (E ) PL A N T E R , TY P . (E ) PL A N T E R , TY P . ( E ) L A N D S C A P E (E ) L A N D S C A P E (E ) S I D E W A L K (E ) L A N D S C A P E AR E A , T Y P . (E ) L A N D S C A P E (E ) S I D E W A L K (E ) A D A R A M P (N ) H A R D S C A P E AR E A - S E E LA N D S C A P E D W G ' S (N ) H A R D S C A P E AR E A - S E E LA N D S C A P E D W G ' S (E ) S I D E W A L K (N ) M T L . T R E L L I S (N ) H A R D S C A P E AR E A - S E E LA N D S C A P E D W G ' S SITE PLAN A1-10 SC A L E : 5 1" = 2 0 ' SI T E P L A N C COPYRIGHTIt i s t h e c l i e n t s r e s p o n s i b i l i t y p r i o r t o o r d u r i n g c o n s t r u c t i o n t o n o t i f y t h e a r c h i t e c t i n w r i t i n g of a n y p e r c e i v e d e r r o r s o r o m i s s i o n s i n t h e p l a n s a n d s p e c i f i c a t i o n s o f w h i c h a c o n t r a c t o r thoroughly k n o w l e d g e a b l e w i t h t h e b u i l d i n g c o d e s a n d m e t h o d s o f c o n s t r u c t i o n s h o u l d reasonably b e a w a r e . W r i t t e n i n s t r u c t i o n s a d d r e s s i n g s u c h p e r c e i v e d e r r o r s o r o m i s s i o n s shall b e r e c e i v e d f r o m t h e a r c h i t e c t p r i o r t o t h e c l i e n t o r c l i e n t s s u b c o n t r a c t o r s p r o c e e d i n g with t h e w o r k . T h e c l i e n t w i l l b e r e s p o n s i b l e f o r a n y d e f e c t s i n c o n s t r u c t i o n i f t h e s e procedures are not followed.Architecture + Planning 17911 Von Karman Ave.Suite 200 Irvine, CA 92614 ktgy.com 949.851.2133 Project Contact:Email:Principal:Project Designer:KTGY Project No:160584 David Nguyen dnguyen@ktgy.com Simon Perkowitz Michael Tseng Developer PHONE NO.FAX NO.HINES 4000 MACARTHUR BLVD., #110 NEWPORT BEACH, C A 949.313.2230 ----1701 NORTH TUSTIN AVENUE, ANAHEIM, CA LINK OC KEY PLANGENERAL NOTES WR A P A L L B U R I E D M E T A L P I P E & C O N D U I T W I T H 2 L A Y E R S O F 3 0 M I L PO L Y E T H Y L E N E T A P E , O R A P P R O V E D E Q U A L . RE F E R T O M E C H A N I C A L , P L U M B I N G & E L E C T R I C A L D R A W I N G S F O R CO N T I N U A T I O N O F U T I L I T I E S I N S I D E B U I L D I N G . PR O V I D E W A L K S A N D S I D E W A L K S W I T H A C O N T I N U O U S S L I P R E S I S T A N T SU R F A C E . P R O V I D E W A L K S W I T H 5 % M A X I M U M S L O P E I N T H E D I R E C T I O N OF T R A V E L A N D 2 % M A X I M U M C R O S S S L O P E . P R O V I D E R O U T E W I T H O U T AN Y A B R U P T V E R T I C A L C H A N G E S E X C E E D I N G 1 / 2 " B E V E L E D A T 1 : 2 MA X I M U M S L O P E . S E E L A N D S C A P E P L A N F O R S P E C I F I C F I N I S H T Y P E S & RE Q U I R E M E N T S . CO O R D I N A T E E X P E C T E D D E P T H S O F R O U G H G R A D I N G & E X C A V A T I O N OP E R A T I O N S W I T H D E P T H S O F P R O P O S E D A N D E X I S T I N G U T I L I T I E S T O RE M A I N , P R I O R T O B I D & S T A R T O F G R A D I N G W O R K . PA T C H R E P A I R , A T N O A D D I T I O N A L C O S T O R T I M E T O C O N T R A C T , A N Y CO N D I T I O N S D A M A G E D , O U T S I D E L I M I T O F W O R K , B E Y O N D P R O P E R T Y L I N E AN D I N P U B L I C W A Y , A S A R E S U L T O F T H E W O R K P E R F O R M E D U N D E R T H I S CO N T R A C T I N A M A N N E R T H A T W I L L M A T C H A D J A C E N T S U R F A C E S . PR O V I D E A L L W O R K N E C E S S A R Y F O R A C O M P L E T E P R O J E C T , I N C L U D I N G AN Y U T I L I T Y A L T E R A T I O N S A N D C O N N E C T I O N S , P A V E M E N T M A R K I N G , IR R I G A T I O N A N D L A N D S C A P I N G W O R K O U T S I D E O F P R O J E C T L I M I T S , OU T S I D E P R O P E R T Y L I N E A N D I N P U B L I C W A Y . SL O P E F I N I S H G R A D E T O P R O V I D E D R A I N A G E A W A Y F R O M B U I L D I N G , RE F E R T O C I V I L D R A W I N G S . GR A D I N G , D R A I N A G E , & C O N S T R U C T I O N O P E R A T I O N S S H A L L C O M P L Y W I T H AL L A G E N C Y R E Q U I R M E N T S . EN S U R E T H A T G R A D E D S U R F A C E S U S E D F O R O F F S T R E E T C O N S T R U C T I O N PA R K I N G , M A T E R I A L L A Y - D O W N O R A W A I T I N G F U T U R E C O N S T R U C T I O N AR E S T A B I L I Z E D F O R D U S T C O N T R O L . CO O R D I N A T E S T A G I N G & C O N S T R U C T I O N O P E R A T I O N A R E A S W I T H S I T E CO N S T R A I N T S P R I O R T O B I D & S T A R T O F C O N S T R U C T I O N . C O N F I N E OP E R A T I O N S T O A R E A O F S I T E D E F I N E D B Y P R O P E R T Y L I N E S . MA I N T A I N J O B S I T E I N A C L E A N , O R D E R L Y C O N D I T I O N , F R E E O F D E B R I S AND LI T T E R . D O N O T U N R E A S O N A B L Y E N C U M B E R T H E S I T E W I T H A N Y MA T E R I A L O R E Q U I P M E N T . FO R F I N I S H P A V I N G , I R R I G A T I O N & P L A N T I N G R E Q U I R E M E N T S , R E F E R T O LA N D S C A P E D R A W I N G S ; FO R A C C E S S I B I L I T Y R E Q U I R E M E N T S S E E D R A W I N G S . FO R C O D E C O M P L I A N C E I N F O R M A T I O N R E F E R T O D R A W I N G ; US E O F A B B R E V I A T I O N S A R E N O T L I M I T E D T O T H E A B B R E V I A T I O N S L I S T E D ON T H I S S H E E T . F O R A D D I T I O N A L A B B R E V I A T I O N S R E F E R T O S H E E T ; SY M B O L S & A B B R E V I A T I O N S BLDG. ABLDG. B TRELLISSheet DateSheet Issue & Revision Log 12-22-2016_1st BUILDING SUBMITTALNOT FOR BID 12-22-2016 AT T A C H M E N T NO. 5 Lobby Room #1 Room #2 Room #3 Room #4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 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: FEBRUARY 5, 2018 SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05944 LOCATION: 2930 West Ball Road (Anaheim School) APPLICANT/PROPERTY OWNER: The applicant is Denise Campos and the property owner is Anaheim Community Church (ACC), represented by Edward Caballero. REQUEST: The applicant is requesting approval of a conditional use permit to allow a preschool/kindergarten within an existing church facility. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution (Attachment No. 1), 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. 2017-05944. BACKGROUND: This 3.1-acre property is developed with a church facility and is located in “T” Transition Zone. The General Plan designation for the subject property is “C-NC” Neighborhood Center. Surrounding land uses include retail uses and a trailer park to the west, retail uses to the north across Ball Road, single and multi-family residential uses to the east, and commercial and residential uses located in the City of Stanton to the south. PROPOSAL: The applicant proposes to operate a preschool/kindergarten facility by occupying approximately 3,226 square feet of space located within the rear portion of the existing church building. The maximum enrollment of the proposed preschool/kindergarten is 60 children, with approximately eight to ten staff members. The proposed hours of operation would be from 6:00 a.m. to 6:00 p.m., Monday through Friday. The school facility would include four classrooms, a small kitchen, an office, two restrooms, and storage spaces. The school would also utilize the existing outdoor church playground area that is located adjacent to the proposed school space as the required outdoor play areas for the children. No changes to the exterior of the building are proposed. CONDITIONAL USE PERMIT NO. 2017-05944 February 5, 2018 Page 2 of 3 FINDINGS AND ANALYSIS: 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. Preschool/kindergarten facilities are allowed in the Transition zone subject to the approval of a conditional use permit to ensure compatibility with the surrounding uses. The subject property is adjacent to both commercial and residential uses, with the most sensitive use being single-family homes located immediately to the east of the proposed school facility. One of typical concerns associated with such facilities is the noise generated by the children; however, since this is an education-based preschool/kindergarten facility, a greater portion of the day is allocated for indoor instruction and activities. Outdoor activities are typically limited to two sessions a day, each lasting less than an hour. Also, the outdoor playground area which would be used for the school is already existing. The playground is currently utilized by the existing church and there is an existing six-foot high block wall that separates the subject property and the adjacent single-family homes. The playground is located approximately 15 feet from the east property line that abuts single-family homes. Additionally, there would be no evening noise that would affect the neighboring properties since the operating hours of the preschool/kindergarten will end at 6:00 p.m. The existing 189 on-site parking spaces is more than sufficient to accommodate the proposed preschool/kindergarten, as the Code required parking for the proposed preschool/kindergarten is 17 parking spaces (1 space per employee, plus 1 space per 10 children, plus 1 space for loading and unloading). Since the proposed hours of operation do not conflict with the main operating hours of the existing church (ie. worship services on Sunday) there will be ample parking spaces available on-site. The existing church does not conduct any day time services or meetings during weekdays. The only activities that occur during weekdays is bible study meetings on Wednesday evenings at 7:00 p.m. Also, in order CONDITIONAL USE PERMIT NO. 2017-05944 February 5, 2018 Page 3 of 3 to facilitate safe traffic flow and the drop-off and pick-up activities, the applicant proposes to add traffic guiding signs (ie. ground-painted traffic arrows and a “do not enter” sign) throughout the parking lot and designate the parking spaces located to the west of the proposed preschool/kindergarten as a drop-off and pick-up zone during the school’s business hours. Conditions of approval are included in the draft resolution requiring compliance with the proposed hours of operation and the establishment of the drop-off and pick-up zone. 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 proposed preschool/kindergarten is an appropriate use on the subject property, and will not negatively impact the surrounding uses because most activities will occur indoors on weekdays from 6:00 a.m. to 6:00 p.m. In addition, the proposed preschool/kindergarten facility will provide a valuable service to the community. Therefore, staff recommends approval of this conditional use permit request. Prepared by, Submitted by, Joanne Hwang Irma Huitron Associate Planner Acting Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Applicant’s Letter of Request 3. Site Plan 4. Floor Plan TDEV 2017-00115RELIGIOUS USEC-G (MHP)TRAILS END MOBILEHOME PARK C-GRETAIL C-GRETAILC-GRETAILC-GRETAIL C-GRETAIL C-GSERVICE STATION C-GCAR WASH C-GTRAVEL INN MOTEL C-GSHADOW PARK INN & SUITES RM-4LYNROSE MANOR APARTMENTS72 DU C-GRETAIL C-GRETAIL R S -2 S I N G L E F A M I L Y R E S I D E N C E RM-2CONDOS9 DU TRELIGIOUS USE RM-4TWIN PINESAPARTMENT114 DU RM-4SINGLE FAMILYRESIDENCE RM-4FRENCH COUNTRYAPARTMENTS33 DU R S -2 S I N G L E F A M I L Y R E S I D E N C E RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RM-4SFR OUTDOOR RECREATION OFFICE MFR SINGLE FAMILY RESIDENCE CITY OF STANTON W BALL RD S B E A C H B L V D STARR ST S F E R N A V E F E R N A V E S G A Y M O N T S T W EL ML AWN DR W RAV EN SW OOD DR W. BALL RD W. ORANGE AVE S . D A L E A V E . CERRITOS AVE S . K N O T T A V E S . W E S T E R N A V E W. BRO ADWAY S . B E A C H B L V D S . M A G N O L I A A V E 2 9 3 0 Wes t Ball Road D E V N o. 2017-00115 Subject Property Anaheim C ity Boundary APN: 126-271-32 °0 50 100 Feet Aeria l Photo:May 2016 W BALL RD STARR ST S F E R N A V E F E R N A V E S G A Y M O N T S T W RAV EN SW OOD DR W. BALL RD W. ORANGE AVE S . D A L E A V E . CERRITOS AVE S . K N O T T A V E W. BRO ADWAY S . W E S T E R N A V E S . M A G N O L I A A V E 2 9 3 0 Wes t Ball Road D E V N o. 2017-00115 Subject Property Anaheim C ity Boundary APN: 126-271-32 °0 50 100 Feet Aeria l Photo:May 2016 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2018-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05944 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00115) (2930 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05944 to permit a preschool/kindergarten facility by occupying approximately 3,226 square feet of space located within the rear of an existing church facility (referred to herein as the "Proposed Project") for that certain real property located at 2930 West Ball Road 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 3.1 acres in size and is currently developed with an existing church. The Anaheim General Plan designates the Property for Neighborhood Center land uses. The Property is located in the “T” Transition Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.14 (Public and Special-Purpose Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, on February 5, 2018, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2017-05944 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and 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 to permit a preschool/kindergarten facility at an existing church facility, does find and determine the following facts: - 2 - PC2018-*** 1. The proposed request to permit the Proposed Project is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Table 14-A as "Day Care Centers", as referenced in paragraph .0402 of subsection .040 of Section No. 18.14.030 of the Code. 2. The proposed request to permit the Proposed Project, as conditioned herein, would not adversely affect the abutting businesses or residences, nor the growth and development of the area in which it is proposed to be located because the proposed facility will close at 6:00 p.m. on weekdays, and the outdoor activities will occur in a limited manner within an area that is already being utilized as an outdoor playground area for the existing church. 3. The size and shape of the site for the Proposed Project is adequate to allow the full development of the proposed use, in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing church building without any additions or new construction. 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets, adequate parking will be provided to accommodate the use, and measures will be implemented to provide more efficient on-site circulation. 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 use will continue to be integrated within the existing church and would not pose a health or safety risk to the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2017-05944, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. - 3 - PC2018-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 5, 2018. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-*** 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 February 5, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-*** - 6 - PC2018-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2017-05944 (DEV2017-00115) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO OCCUPANCY 1 A fire alarm system shall be designed, installed and maintained as required by the Fire Department. Fire Department 2 Any service upgrade to the existing electric meter service shall be approved by the Public Utilities Department. Public Utilities Electrical Engineering Division 3 Any changes to the trash storage and/or removal service shall be approved by the Public Works Department. Public Works Department, Sanitation Division 4 All exterior doors to have adequate security hardware, e.g. deadbolt locks, and have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police Department 5 “No Trespassing 602(k) P.C.” shall be posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department 6 Rooftop address numbers for the police helicopter shall be installed. Minimum size 4’ in height and 2’ in width, and the lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from the ground level. Police Department 7 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. Police Department - 7 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The applicant shall obtain all necessary building permits to complete the proposed interior remodel prior to commencement of the business operation. Planning and Building Department, Building Division, Planning Services Division 9 The applicant shall complete installation of the proposed traffic guiding signs throughout the existing parking lot, as indicated on the project plans on file in the Planning and Building Department, prior to commencement of the business operation. Planning and Building Department, Planning Services Division OPERATIONAL CONDITIONS 10 All classroom windows shall be left clear and unobstructed, to allow an unimpaired line-of-sight. Police Department 11 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. Police Department 12 The 14 parking spaces located adjacent to the preschool/kindergarten facility shall be reserved as a drop-off and pick-up zone during the business hours of the school, as indicated on the project plans on file in the Planning and Building Department. Planning and Building Department, Planning Services Division 13 The hours of operation of the preschool/kindergarten facility shall be limited to 6:00 a.m. to 6:00 p.m., and shall not operate at the same time as any worship service or other events held by the existing church. Any changes to these hours of operation shall be subject to review and approval by the Planning and Building Director to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 14 The preschool/kindergarten facility shall be limited to a maximum of 60 children. Planning and Building Department, Planning Services Division - 8 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 15 The preschool/kindergarten facility shall be operated in accordance with the Letter of Operation submitted as part of this application. Any changes to the business operation as described in the Letter of Operation shall be subject to review and approval by the Planning and Building Director. Planning and Building Department, Planning Services Division 16 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 17 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 18 The Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division ATTACHMENT NO. 2 ASPHALT ASPHALT GRASS GR A S S CONCRETE CONCRETE CONCRETE PL A N T E R PL A N T PL A N T E R PL A N T E R GR A S S SI D E W A L K DR I V E W A Y DR I V E W A Y GR A S S 25'-5"17'-3" 18'-3" ASPHALT LIGHT POST LIGHT POST TRASH ENCLOSER 2930 W. BALL ROAD ANAHEIM, CA AN A H E I M C O M M U N I T Y CH U R C H S I G N FIRE VERIZON TOWER GUTTER GUTTER GUTTER GUTTER GUT T E R ASPHALT ASPHALT ASPHALT ASPHALT ASPHALT ASPHALT LIGHT POST LIGHT POST ASPHALT WROUGHT IRON FENCE @ 6' High 32'-6" 28'-2" 26' 18'-8" SW I N G GAT E ROLL GATE 25' 18' 28' 25' 20' 35'-9" 25' 608'-0" 219'-8" LIGHT POST LIGHT POST W . B A L L R O A D HYDRANT PROPERTY LINE 85' FROM PROPERTY LINE PROPERTY LINE PR O P E R T Y L I N E COMMUNICATION METER SEWER ELECTRICAL METER ELECT. PANELVERIZON BOX 17'-3" CHAIN LINK FENCE @ 12' High BRICK WALL @ 53" High BRICK WALL BRICK WALL @ 53" High 10' 18' BENCH BE N C H BE N C H BE N C H BE N C H ANAHEIM COMMUNITY CHURCH CHRISTIAN SCHOOL PROPOSED ANAHEIM SWING GATE 27 PARKING STALLS 24 PARKING STALLS 18 PARKING STALLS 16 PARKING STALLS 11 PARKING STALLS 12 PARKING STALLS 12 PARKING STALLS 12 PARKING STALLS 12 PARKING STALLS 12 PARKING STALLS 15 PARKING STALLS 8 P A R K I N G S T A L L S 8 P A R K I N G S T A L L S OUTDOOR PLAYGROUND 98' Width x 53' Length BRICK WALL @ 6' High BRICK WALL @ 6' High BRICK WALL @ 6' High BRICK WALL @ 6' High BRICK WALL @ 6' High BRICK WALL @ 6' HighBRICK WALL @ 6' HighBRICK WALL @ 6' HighBRICK WALL @ 6' High BR I C K W A L L @ 6 ' H i g h BR I C K W A L L @ 6 ' H i g h 15'-0" 254'-0" 106' Drop-Off / Pick-Up Zone E N T E R EX I T EX I T Drop-Off / Pick-Up Zone E X I T "DO NOT ENTER" SIGN ANAHEIM, CA 92804 ANAHEIM COMMUNITY 2930 WEST BALL RD. 882 S. Glenwood, Rialto CA. 92376 Phone: 909-565-9691 SITE PLAN 11/07/17 AS NOTED 1 of 2 SN E W DESIGN & PERMIT JAVIER VERDUGO CHURCH EW N S ATTACHMENT NO. 3 Classroom 209 210B / 210A 204203 202 206 208 Girls Bathroom Boys Bathroom 201 205 207 109107105103101 102 108106104 110 FELLOWSHIP HALL HALL 01 03 05 07 OFFICE 11 13 PASTOR'S 09 OFFICE CHURCH OFFICE ASSOC. 15 17 22 20 21 22 Wo m e n 24 HALL 18 16 14 10 06 04 12 08 02 23Me n 206'-3" 13'-7"5'-7"13'-5"14'-5"6'7'-9" 10'16'-11"16'-8"18'-3"7'28'-9"29'-1" 52'-7" 11'-2"35'-1"11'-2"7'18'-3"16'-8"16'-11" 26'-5" 8'-3" 7'-5" 11'-2" 105'-2" 15'-9" 13'-7" 15'-9" 15'-9" 15'-9" 15'-9" 12'-6" 81'-1" 6'-3"9'-7"11'-6" 43'-11" 9'-8" Classroom Classroom Classroom Office Storage Storage Kitchen 202 206 208 Girls Bathroom Boys Bathroom8'-3" 17'-1"Demo Wall ANAHEIM, CA 92804 ANAHEIM COMMUNITY 2930 WEST BALL RD. 882 S. Glenwood, Rialto CA. 92376 Phone: 909-565-9691 FLOORPLAN 11/07/17 AS NOTED 2 of 2 SN E W DESIGN & PERMIT JAVIER VERDUGO CHURCH ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSISON REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: FEBRUARY 5, 2018 FROM: PLANNING DEPARTMENT SUBJECT: ZONING CODE AMENDMENT NO. 2017-00146, ADJUSTMENT NO. 12 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SPN92-1R), ADJUSTMENT NO. 9 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SPN92-2W), ADJUSTMENT NO. 9 TO THE HOTEL CIRCLE SPECIFIC PLAN NO. 93-1 (SPN93-1I), AND ADJUSTMENT NO. 5 TO THE ANAHEIM CANYON SPECIFIC PLAN (SPN2015-00001E) LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated amendment to Title 18 of the Anaheim Municipal Code (the “Zoning Code” or “Code”) to provide regulatory relief and allow streamlined review of certain low impact uses by establishing a new Minor Conditional Use Permit (“Minor CUP”) category. The proposed Zoning Code Amendment also includes adjustments to the Disneyland Resort Specific Plan, Anaheim Resort Specific Plan, Hotel Circle Specific Plan, and the Anaheim Canyon Specific Plan. RECOMMENDATION: Staff recommends that the Planning Commission, by adopting the attached resolution (Attachment 1), determine that this action is exempt from the California Environmental Quality Act under Section 15061(b)(3) of Title 14 of the California Code of Regulations, and recommend City Council approval of Zoning Code Amendment No. 2017-00146, Adjustment No. 12 to the Disneyland Resort Specific Plan No. 92-1 (SPN92-1R), Adjustment No. 9 to the Anaheim Resort Specific Plan No. 92-2 (SPN92-2W), Adjustment No. 9 to the Hotel Circle Specific Plan No. 93-1 (SPN93-1I), and Adjustment No. 5 to the Anaheim Canyon Specific Plan (SPN2015-00001E). ZONING CODE AMENDMENT NO. 2017-00146 February 5, 2018 Page 2 of 5 BACKGROUND: In 2011, the Anaheim City Council approved the Mayor’s Regulatory Relief Task Force recommendations to promote business-friendly initiatives aimed at reducing the regulatory burden on new or existing businesses. Since then, the City Council has approved a number of amendments to the City’s Zoning Code to support the Task Force’s recommendations. Such amendments included the consolidation and streamlining of the regulatory permit process, reduction in the level of review required for several land uses, creation of an administrative permit process for reviewing requests for shared parking, and the creation of a “Brew-City” initiative. In addition, the City created a Business Assistance “Concierge” Program where business owners are assigned a Business Solutions Specialist who answers processing questions, implements an impact fee deferral program, monitors the progress of projects, and facilitates communication between City staff and business owners. In a continued effort to provide regulatory relief, staff reviewed Anaheim’s existing code and permitting practices in order to identify additional potential changes to the City’s Zoning Code with a focus in further streamlining the entitlement process for existing and new businesses in the City. The amendments proposed below reflect this analysis. PROPOSAL: The following is an overview of the proposed changes to provide additional regulatory relief through the amendment of the City’s Zoning Code. Staff proposes the following changes based on research of other jurisdictions’ best practices, analysis of Conditional Use Permits (CUPs) that the Planning Commission has recently approved, and review of the City’s existing Zoning Code requirements. The draft ordinance showing redlined changes to the existing Zoning Code is Exhibit A to Attachment 1. Attachment 2 provides a summary of the proposed changes. Establishment of Minor CUP Process: The City’s Zoning Code currently categorizes land uses as permitted, conditionally permitted, or prohibited. When the Zoning Code categorizes a land use as conditionally permitted, the property owner is required to obtain an approval of a CUP, which is a discretionary permit that requires review by the Planning Commission at a noticed public hearing. Typically, a $10,000 deposit is required at the time of application submittal, and the review process averages between two to six months. However, the time and cost associated with processing a CUP varies depending on the complexity of the application. The Zoning Code requires a CUP for land uses that the City has determined to have certain characteristics that may require compliance with conditions to ensure compatibility with surrounding land uses and to mitigate potential impacts. However, upon examining the City’s Zoning Code and the history of previously-approved CUPs, staff identified certain land uses that are well-suited to being reviewed through a more streamlined discretionary process since actual experience has proven such land uses consistently operate without negatively impacting nearby properties with incorporation of minimal and/or standard conditions. In addition, because most of these types of uses are small businesses operated by individual business owners, a streamlined discretionary review process can provide a benefit, as it will save time and processing costs. ZONING CODE AMENDMENT NO. 2017-00146 February 5, 2018 Page 3 of 5 Staff examined the CUP process and Zoning Code requirements of a number of cities in the region (cities located in the County of Orange and four other comparable cities). A number of surveyed cities currently have a tiered CUP process that includes a “Minor CUP” or an “Administrative Use Permit” process, in addition to a typical CUP process. These minor and administrative use permits apply to land uses that require less staff time and are routine in nature. Many cities also process such permits without a public hearing at the Planning Director’s discretion. In cases where a public hearing is required, the hearing may be conducted by a Zoning Administrator, Hearing Officer, or the Planning Director which expedites the process while still allowing for notification and public participation. Based on the research of other cities’ codes, practices and options for streamlining the CUP process for the City of Anaheim, staff is proposing the creation of a “Minor CUP” process for certain land uses that currently require a CUP, but are routine in nature and less complex. As reflected in the attached Draft Ordinance, staff proposes that the Planning Director be given the authority to either approve or deny Minor CUP applications without the need for a public hearing. The elimination of the public hearing from the review process will result in a streamlined review process, with a shortened review period and reduced application costs to business owners seeking to establish a new business in the City. However, in order to sufficiently inform the public of Minor CUP applications, staff proposes that public notices for all Minor CUP applications be sent to property owners and tenants within 300 feet of the project location at least 10 days prior to the Planning and Building Director’s decision. Attachment 3 is an example of the type of notice the property owners would receive. As with other director level reviews, the Planning Director will have an authority to refer any Minor CUP application to the Planning Commission for its review and approval if the Director concludes there are special or unique circumstances associated with the application. The proposed Minor CUP process will provide benefits to the business owners with the streamlined review, while maintaining the City’s ability to properly review and impose conditions, as deemed necessary, to reduce any potential impacts of the proposed land uses. With the required notice, the public will continue to be informed and would be able to contact staff and provide input that could be incorporated into conditions of approval. Revised Permitting for Certain Land Uses: Staff is proposing to permit certain land uses with the Minor CUP that the City currently allows subject to the approval of a CUP. Staff selected land uses based on their less complex nature and the historical observation that the characteristics of these uses have allowed for a more routine level of review and standardized conditions of approval. These land uses include on-site alcohol sales as an accessory use to restaurants, public parking facilities, minor automotive repair shops, wholesale automotive sales offices with limited outdoor display, small dance and fitness studios, business educational institutions, general office uses including medical/dental in certain zones, retail kiosks, and senior second units. In addition, staff is proposing to permit several land uses by right that the Code currently permits with a CUP. These uses include research and development businesses in various zones and outdoor dining as an accessory use to restaurants in commercial zones. ZONING CODE AMENDMENT NO. 2017-00146 February 5, 2018 Page 4 of 5 Staff is proposing changes to the Semi-Public and Public Recreational Zones to provide a permitting process for community centers, dance and fitness studios, retail kiosks and health clinics and other offices. The Semi-Public and Public Recreational Zones typically implement the General Plan Parks land use designation; however, they prohibit certain uses that would be complimentary to a park use. City owned facilities are not required to comply with these zoning restrictions but private operators would need to comply; and, therefore would be prohibited from operating these uses. Staff is proposing a permitting process for these uses to allow private operators to collaborate with the City to operate these uses at City parks. Staff is also proposing changes to the permitting requirements for Convalescent and Rest Homes and Group Care Facilities within the Neighborhood Center Commercial and Regional Commercial Zones and Development Areas 4 and 5 of the Anaheim Canyon Specific Plan. The proposed changes would require a CUP for these uses, which are currently prohibited, consistent with the current requirements for the General Commercial Zone and Development Area 3 of the Anaheim Canyon Specific Zone. Automotive-related Land Use: Staff has identified several automobile-oriented land uses that this Zoning Code Amendment would address. As part of its analysis, staff noted that the City’s Zoning Code currently does not adequately address valet parking. The proposed amendment would add a definition for valet parking to the Code and allow the use subject to the approval of a Minor CUP, when the use is accessory to a permitted or conditionally permitted primary use. This change would occur in most zones, with an exception of Industrial zones, where the use would require a CUP. Staff is also proposing to modify the existing definition for “Automotive – Repair & Modification” to create two separate categories (Major and Minor). In addition, the Code amendment would modify the existing definitions for “Transit Facility” and “Warehousing & Storage” to address a recent public inquiry regarding a warehousing facility that is primarily used for product distribution. Finally, the Code Amendment would create a new land use “Automotive – Vehicle Storage” that would allow car dealerships, that operate in Anaheim, to store additional inventory on commercial and industrial properties, subject to the approval of a Minor CUP or CUP, depending on the length of time the property would be used for vehicle storage. Determination of Public Convenience or Necessity: The Code amendment would give the Planning and Building Director the authority to approve Public Convenience or Necessity (PCN) applications that are associated with a Minor CUP, administrative permit, or that the Code permits by right. The Planning and Building Director currently has this authority for PCN’s associated with Alcoholic Beverages Manufacturing facilities that the Zoning Code permits by right and Alcoholic Beverages Sale-Off-Sale in some specific plan areas. The Planning Commission will continue to have authority over PCN determinations for applications associated with an entitlement that requires Planning Commission approval. ZONING CODE AMENDMENT NO. 2017-00146 February 5, 2018 Page 5 of 5 Attracting and Retaining Restaurants: Restaurants play an important role in the City’s commercial and economic base, and there has been consistent requests from the business community to better accommodate new and existing restaurants in the City. As such, staff reviewed the existing regulations that pertain to restaurants in order to identify additional potential changes that could further assist new and existing restaurants. The Code currently permits restaurants by right in commercial zones. However, staff identified that the City’s existing regulations related to accessory uses that are commonly associated with restaurants, such as alcohol sales and outdoor dining, may be an impediment to attracting and retaining restaurants. The proposed Zoning Code Amendment would allow on-site sale of alcohol for restaurants with a Minor CUP instead of a CUP. In addition, the Code amendment would allow outdoor dining for restaurants by right in commercial areas. Additionally, if the Code permits a restaurant to have on-site alcohol sales inside the restaurant, either by right or through the approval of a Minor CUP or CUP, the restaurant may extend those sales to the outdoor dining area without amending or requiring any additional discretionary permit. These changes provide a streamlined review of two accessory uses that are often a vital part of a restaurant. Application Fee: Staff will be recommending to the City Council that the City collect a deposit and assess an hourly fee to process a Minor CUP, in the same manner that it currently charges to process a CUP application. However, staff anticipates that the deposit for a Minor CUP will be less than would be requested for a CUP. In the future, staff would like to offer a flat fee to process a Minor CUP; however, the establishment of a fixed fee requires a nexus study. Planning staff is currently working on nexus study for various planning applications, and a fee analysis for Minor CUP application will be included in this study for future consideration. ENVIRONMENTAL ANALYSIS: Staff recommends that the Planning Commission determine that this action is exempt from the California Environmental Quality Act under Section 15061(b)(3) of Title 14 of the California Code of Regulations on the basis that there is no possibility that the Zoning Code amendment may have a significant effect on the environment. CONCLUSION: Staff recommends that the Planning Commission recommend approval of this Zoning Code Amendment, and related Specific Plan Adjustments, to the City Council, as it would further the City’s on-going effort in implementing regulatory relief for Anaheim businesses. The proposed changes will provide a streamlined review process for a number of low impact land uses, while retaining the City’s ability to properly review and impose conditions as deemed necessary to ensure compatibility with the surrounding areas. Prepared by, Submitted by, Joanne Hwang Irma Huitron Associate Planner Acting Planning Services Manager Attachments: 1. Draft Planning Commission Resolution with Exhibit A – Draft City Council Ordinance 2. Summary of Amendments 3. Sample Public Notice [DRAFT] ATTACHMENT NO. 1 - 1 - PC2018-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM AMEND VARIOUS CHAPTERS OF TITLE 18 (ZONING CODE) OF THE ANAHEIM MUNICIPAL CODE (ZONING CODE AMENDMENT NO. 2017-00146) (ADJUSTMENT NO. 12 TO THE DISNEYLAND RESORT SPECIFIC PLAN (SPN92-1R)) (ADJUSTMENT NO. 9 TO THE ANAHEIM RESORT SPECIFIC PLAN (SPN92-2W)) (ADJUSTMENT NO. 11 TO THE HOTEL CIRCLE SPECIFIC PLAN (SPN93-1I)) (ADJUSTMENT NO. 5 TO THE ANAHEIM CANYON SPECIFIC PLAN (SPN2015-00001E)) (DEV2017-00127) WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code, provisions of Title 18 (Zoning Code) may be amended to implement the General Plan and to enhance and preserve the general welfare by following the procedures set forth in such chapter; and WHEREAS, in 2011, the Mayor’s Regulatory Relief Task Force released a report with recommendations to make doing business in Anaheim easier by providing regulatory relief and various zoning code amendments were approved since then to implement such recommendations; and WHEREAS, Zoning Code Amendment No. 2017-00146, which includes related adjustments to the Disneyland Resort Specific Plan, Anaheim Resort Specific Plan, Hotel Circle Specific Plan, and Anaheim Canyon Specific Plans, contains provisions that will provide further regulatory relief by streamlining review process for certain low impact land uses; and WHEREAS, a copy of Zoning Code Amendment No. 2017-00146 is included in the draft Ordinance, which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, pursuant to Chapter 18.76 of the Zoning Code, the Planning Commission of the City of Anaheim (“Planning Commission”) is required to review and recommend approval or denial of any proposed zoning code text amendments to the City Council of the City of Anaheim (“City Council”); and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on February 5, 2018, 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 the Anaheim Municipal Code, to hear and consider evidence for and against the proposed zoning code text amendment and related actions, and to investigate and make findings and recommendations in connection therewith; and - 2 - PC2018-*** WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for the proposed zoning code amendment and related actions; and WHEREAS, the Planning Commission finds and determines that the proposed zoning code text amendment and related actions is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15061(b)(3), on the basis that there is no possibility that the Zoning Code Amendment No. 2017-00146 may have a significant effect on the; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find that the proposed zoning code text amendment and related actions enhance and preserve the general welfare. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid determinations, the Planning Commission does hereby recommend City Council approval of the proposed zoning code text amendment to various chapters of Title 18 (Zoning Code) which are set forth in the draft Ordinance, attached to this Resolution as Exhibit A, and made a part hereof. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 5, 2018. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2018-*** 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 February 5, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM   1  “EXHIBIT A” DRAFT CITY COUNCIL ORDINANCE REDLINED TO SHOW REVISIONS TO CURRENT MUNICIPAL CODE ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.04 (SINGLE-FAMILY RESIDENTIAL ZONES); 18.06 (MULTIPLE-FAMILY RESIDENTIAL ZONES); 18.08 (COMMERCIAL ZONES); 18.10 (INDUSTRIAL ZONES); 18.14 (PUBLIC AND SPECIAL-PURPOSE ZONES); 18.16 (REGULATORY PERMITS); 18.20 (PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE); 18.30 (DOWNTOWN MIXED USE (DMU) OVERLAY ZONE); 18.32 (MIXED USE (MU) OVERLAY ZONE); 18.36 (TYPES OF USES); 18.38 (SUPPLEMENTAL USE REGULATIONS); 18.42 (PARKING AND LOADING); 18.60 (PROCEDURES); 18.66 (CONDITIONAL USE PERMITS); 18.114 (DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP 92-1)); 18.116 (ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SP 92-2)); 18.118 (HOTEL CIRCLE SPECIFIC PLAN NO. 93-1 (SP93-1)); AND 18.120 (ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP 2015-1)) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15062(B)(3) BECAUSE THERE IS NO POSSIBILITY THAT THIS ORDINANCE MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. (ZONING CODE AMENDMENT NO. 2017-00146) (ADJUSTMENT NO. 12 TO THE DISNEYLAND RESORT SPECIFIC PLAN (SPN92-1R)) (ADJUSTMENT NO. 9 TO THE ANAHEIM RESORT SPECIFIC PLAN (SPN92-2W)) (ADJUSTMENT NO. 11 TO THE HOTEL CIRCLE SPECIFIC PLAN (SPN93-1I)), (ADJUSTMENT NO. 5 TO THE ANAHEIM CANYON SPECIFIC PLAN (SPN2015-00001E)) (DEV2017-00127) ATTACHMENT NO. 1   2  WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15061(b)(3), on the basis that there is no possibility this ordinance may have a significant effect on the environment; and WHEREAS, the City Council desires to provide further regulatory relief and streamline the approval process for certain low impact land uses as a continuation of the on-going effort to make doing business in Anaheim easier; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Subsection .040 of Section 18.04.030 (USES) of Chapter 18.04 (Single- Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.04.030 USES. .040 The allowable uses in Tables 4-A, 4-B and 4-C for each zone are established by letter designations as follows: .0401 “P” designates classes of uses permitted by right; .0402 “C” designates classes of uses permitted with a conditional use permit; and .0403 “N” designates classes of uses that are prohibited.“M” designates classes of uses permitted with a minor conditional use permit; and   3  .0404 “N” designates classes of uses that are prohibited. SECTION 2. That Table 4-B (Accessory Uses and Structures: Single-Family Residential Zones) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 4-B ACCESSORY USES AND STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited RH- 1 RH- 2 RH- 3 RS- 1 RS- 2 RS- 3 RS- 4 Special Provisions Accessory Living Quarters P P P P P N N Subject to 18.04.080.020 & 18.38.020 Accessory Dwelling Unit P P P P P P P Subject to 18.38.015 Agricultural Workers Quarters P P N N N N N Requires a minimum lot size of ten (10) acres Animal Keeping P P P P P P P Subject to 18.38.030, except that in the RH-2 Zone, equine, bovine, sheep, goats & swine may be kept, stabled, tethered or otherwise maintained on minimum 22,000 sq. ft. parcels Antennas–Dish P P P P P P P Subject to 18.38.050 (may require a conditional use permit) Antennas–Receiving P P P P P P P Subject to 18.38.050 Day Care–Large Family P P P P P P P Subject to 18.38.140 Day Care–Small Family P P P P P P P Fences & Walls P P P P P P P Subject to 18.46.110; this use may occur on a lot with or without a dwelling Greenhouses–Private P P P P P N N Home Occupations P P P P P P P Subject to 18.38.130 Landscaping & Gardening P P P P P P P Subject to Chapter 18.46; this use may occur on a lot with or without a dwelling Mechanical & Utility Equipment– Ground Mounted P P P P P P P Subject to 18.38.160 Mechanical & Utility Equipment– Roof Mounted N N N P P P P Subject to 18.38.170   4  Parking Lots & Garages P P P P P P P To serve needs of primary use only; four-car limit for garages in RS-1 and RS-2 Zones Petroleum Storage– Incidental P P P P P P P Recreation Buildings & Structures P P P P P P P Short-Term Rentals P P P P P P P Subject to an administrative use permit as provided in Chapter 4.05 Solar Energy Panels P P P P P P P Subject to § 18.38.170 Senior Second Units MC MC MC MC MC MC N Signs P P P P P P P Subject to Chapter 18.44 SECTION 3. That Subsection .040 of Section 18.06.030 (USES) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.06.030 USES. .040 The allowable uses in Tables 6-A, 6-B and 6-C for each zone are established by letter designations as follows: .0401 “P” designates classes of uses permitted by right; .0402 “C” designates classes of uses permitted with a conditional use permit; .0403 “N” designates classes of uses that are prohibited; and“M” designates classes of uses permitted with a minor conditional use permit; .0404 “T” designates classes of uses permitted with a telecommunications antenna review permit; and .0405 “N” designates classes of uses that are prohibited.   SECTION 4. That Table 6-B (Accessory Uses and Structures: Multiple-Family Residential Zones) of Chapter 18.06 Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 6-B ACCESSORY USES AND STRUCTURES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited RM-1 RM-2 RM-3 RM-4 Special Provisions   5  Accessory Dwelling Unit P P P P Subject to 18.38.015; only allowed on properties with an existing single-family residence Animal Keeping P P P P Subject to § 18.38.030 Antennas–Dish P P P P Subject to § 18.38.050 (may require conditional use permit) Antennas–Receiving P P P P Subject to § 18.38.050 Day Care–Large Family P P P P Subject to § 18.38.140 Day Care–Small Family P P P P Fences & Walls P P P P Subject to § 18.46.110; a fence or wall may occur on a lot with or without any other primary use structure Home Occupations P P P P Subject to § 18.38.130 Landscaping & Gardens P P P P Subject to Chapter 18.46; this use may occur on a lot with or without any other primary use structure Mechanical & Utility Equipment– Ground Mounted P P P P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P Subject to § 18.38.170 Parking Lots & Garages P P P P To serve needs of primary use only Recreation Buildings & Structures P P P P Short-Term Rentals P P P P Subject to an administrative use permit as provided in Chapter 4.05 Signs P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Valet Parking M M M M Vending Machines P P P P Shall be screened from view from adjacent non- industrial property and public rights-of-way SECTION 5. That Subsection .040 of Section 18.08.030 (USES) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.08.030 USES. .040 The allowable uses in Tables 8-A, 8-B and 8-C for each zone are established by letter designations as follows: .0401 “P” designates classes of uses permitted by right; .0402 “C” designates classes of uses permitted with a conditional use permit; .0403 “N” designates classes of uses that are prohibited; and“M” designates classes of uses permitted with a minor conditional use permit;   6  .0404 “T” designates classes of uses permitted with a telecommunications antenna review permit; and .0405 “N” designates classes of uses that are prohibited. SECTION 6. That Table 8-A (Primary Uses: Commercial Zones) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C-R C-G O-L O-H Special Provisions Residential Classes of Uses Mobile Home Parks N N C N N Senior Citizens' Housing C C C N N Senior Citizens' Apartment projects subject to Chapter 18.50 Non-Residential Classes of Uses Alcoholic Beverage Manufacturing N P/C P/C N N Subject to § 18.38.025. Buildings larger than 6,000 square feet are subject to a Conditional Use Permit. Alcoholic Beverage Sales–Off-Sale P/C P/C P/C P/C P/C Conditional use permit not required if use is in conjunction with Markets– Large. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Alcoholic Beverage Sales–On-Sale M/C M/C M/C M/C M/C Permitted with minor conditional use permit if accessory to a primary restaurant use Ambulance Services N C C N N Animal Boarding P/C P/C P/C P/C P/C Permitted without a conditional use permit when conducted entirely indoors subject to § 18.38.270; otherwise a Conditional Use Permit is required. Animal Grooming P P P P P Antennas– Broadcasting P/C P/C P/C P/C P/C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas– Telecommunications- T T T T T Subject to § 18.38.060 and § 18.62.020   7  Stealth Building- Mounted Antennas– Telecommunications- Stealth Ground- Mounted T T T T T Subject to § 18.38.060 Antennas– Telecommunications Ground-Mounted (Non-Stealth) N N N N N Automatic Teller Machines (ATM’s) P P P P P Subject to § 18.36.040 Automotive–Vehicle Sales, Lease & Rental N N C N N Subject to § 18.38.200 Automotive–Sales Agency Office (Retail) N N C C C Subject to § 18.38.065 Automotive–Sales Agency Office (Wholesale) P/M/C P/M/C P/M/C P/M/C P/M/C Subject to §§ 18.16.055 and 18.38.065. Minor conditional use permit required for on-site storage, display or parking of one or two vehicles being held as inventory. Conditional use permit required for on-site storage, display or parking of any three or more vehicles being held as inventory Automotive–Public Parking MC MC MC MC MC Automotive–Parts Sales P P P N N Automotive–Repair & Modification: Major C C C N N Automotive–Repair & Modification: Minor M M M N N Automotive – Vehicle Storage M/C M/C M/C M/C M/C Permitted for up to one year by minor conditional use permit, with optional one year extensions to permit the use for up to five years; conditional use permit required to permit the use for over five years. Automotive–Service Stations C C C C C Subject to § 18.38.070 Automotive– Washing N C C C C In O-L and O-H Zones, must be accessory to an Automotive–Service Station use Banquet Halls C C C C C   8  Bars & Nightclubs C C C C C In O-L and O-H Zones, must be accessory to and integrated with an office building Bed & Breakfast Inns C C C C C Subject to § 18.38.080 Billboards N N N N N Boat & RV Sales N N C N N Subject to § 18.38.200 Business & Financial Services P P P P P Cemeteries N N C N N Commercial Retail Centers P/C P/C P/C N N Subject to § 18.38.115; otherwise a Conditional Use Permit is required. Community & Religious Assembly C C C C C In O-H Zone, must be clearly accessory to and integrated with an office building Computer Internet & Amusement Facilities N N N N N Convalescent & Rest Homes CN CN C N N Convenience Stores P/C P/C P/C P/C P/C Subject to § 18.38.110; otherwise a Conditional Use Permit is required. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Dance & Fitness Studios–Large N P P P P In O-H Zone, must be clearly accessory to and integrated with an office building Dance & Fitness Studios–Small P P P P P In O-H Zone, must be clearly accessory to and integrated with an office building, otherwise requires a conditional use permit Day Care Centers C C C P/C P/C Permitted without Conditional Use Permit if lintegrated within a multi- tenant office building as an accessory use to serve Drive-Through Facilities C C C C C Permitted without a conditional use permit as an accessory use if in conjunction with Business and Financial Services as the primary use Educational Institutions–Business P/MC P/MC P/MC P/MC P/MC Institutions with ten students or less do not require a minor conditional use permit Educational Institutions–General N C C C C Educational Institutions–Tutoring P P P P P Subject to § 18.36.040.050 Entertainment Venue C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Equipment Rental– Large P/C P/C P/C N N Permitted if equipment is completely screened from view. Conditional Use   9  Permit required if equipment cannot be screened. Equipment Rental– Small P/C P/C P/C P/C P/C In O-H and O-L Zones, must be clearly accessory to and integrated with an office building. Conditional Use Permit required if conducted outdoors. Group Care Facilities C C C C C Subject to § 18.36.040.070 Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets–Large P P P N N Markets–Small P/C P/C P/C C C Subject to § 18.38.155, otherwise a Conditional Use Permit is required. Medical & Dental Offices P P P P P Mortuaries N N P N N Offices P P P P P Personal Services– General P/C P/C P/C P/C P/C Laundromats are subject to § 18.38.150; otherwise a Conditional Use Permit is required. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Massage subject to § 18.16.070. Personal Services– Restricted C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Plant Nurseries N P/C P/C N N Subject to §§ 18.38.190, 18.38.200 and 18.38.205; otherwise a Conditional Use Permit is required. Public Services C C P C C Recreation–Billiards P/C P/C P/C P/C P/C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Facilities with alcohol consumption require a Conditional Use Permit. Subject to § 18.38.085, otherwise a Conditional Use Permit is required. Recreation– Commercial Indoor C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation– Commercial Outdoor C C C C C Recreation–Low- Impact C C C P P In O-L and O-H Zones, must be clearly accessory to and integrated with an office building   10  Recreation– Swimming & Tennis P/C P/C P/C P/C P/C Permitted without Conditional Use Permit when conducted completely indoors Repair Services– General P N P N N Repair Services– Limited P P P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Research & Development N PC PC PC P Restaurants–Full Service P P P C C Restaurants–General P P P C C Restaurants–Outdoor Dining P/C P/C P/C P/C P/C Subject to § 18.38.220 Retail Sales–General P P P P P Retail Sales–Kiosks MC MC MC MC MC Retail Sales–Outdoor C C C N N Subject to § 18.38.190 and § 18.38.200 Retail Sales–Used Merchandise P P P N N Room & Board N N C N N Self-Storage N N C N N Subject to City Council Policy No. 7.2 Sex-Oriented Businesses N N P N N Subject to Chapter 18.54 Smoking Lounge P/C P/C P/C N N Subject to § 18.16.080; otherwise a Conditional Use Permit is required. Studios–Broadcasting P/C P/C P/C P/C P/C Permitted without a Conditional Use Permit if there is no live audience. Studios–Recording N N P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Transit Facilities C C C C C Utilities–Major C C C N C Utilities–Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building’s entrance Veterinary Services P/C P/C P/C N N Subject to § 18.38.270; otherwise a Conditional Use Permit is required. Wholesaling N C C N N Shall be accessory to a Retail Sales use Wine Bars C C C C C SECTION 7. That Table 8-B (Accessory Uses and Structures: Commercial Zones) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:   11  Table 8-B ACCESSORY USES AND STRUCTURES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited C-NC C-R C-G O-L O-H Special Provisions Accessory Entertainment P P P P P Subject to § 18.16.060 in conjunction with a commercial use Amusement Devices P P P N N Subject to § 18.16.050 Animal Keeping N P P N N Subject to § 18.38.030 Antennas–Dish P P P P P Subject to § 18.38.050 Antennas–Receiving P P P P P Subject to § 18.38.050 Automatic Teller Machines (ATM’s) P P P P P Subject to § 18.36.050.035 Bingo Establishments P P P P P Subject to Chapter 7.34 Caretaker Units N P P N N Subject to § 18.38.090 Fences & Walls P P P P P Subject to § 18.40.050; this use may occur on a lot without a primary use Home Occupations N P P N N Subject to § 18.38.130 Landscaping & Gardens P P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment– Ground Mounted P P P P P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P P Subject to § 18.38.170 Outdoor Displays N P P N N Subject to § 18.38.190 Parking Lots & Garages P P P P P To serve needs of on-site primary use only Portable Food Carts N P P N N Subject to § 18.38.210 Recreation Buildings & Structures N N P P N Only in conjunction with non- conforming single-family residence Recycling Facilities P N P N N Subject to Chapter 18.48 Signs P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Valet Parking M M M M M Vending Machines P P P P P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks   12  SECTION 8. That Subsection .040 of Section 18.10.030 (USES) of Chapter 18.10 (Industrial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.10.030 USES. .040 The allowable uses in Tables 10-A, 10-B and 10-C for this zone are established by letter designations as follows: .0401 “P” designates classes of uses permitted by right; .0402 “C” designates classes of uses permitted with a conditional use permit; .0403 “N” designates classes of uses that are prohibited.“M” designates classes of uses permitted with a minor conditional use permit; .0404 “T” designates classes of uses permitted with a telecommunications antenna review permit; and .0405 “N” designates classes of uses that are prohibited. SECTION 9. That Table 10-A (Primary Uses: Industrial Zones) of Chapter 18.10 (Industrial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 10-A PRIMARY USES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Residential Classes of Uses Mobile Home Parks C Non-Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Manufacturing P/C Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale M/C Permitted with minor conditional use permit if accessory to a primary restaurant use Ambulance Services P Animal Boarding P/ C Conditional use permit not required if conducted completely indoors, subject to § 18.38.270 Animal Grooming P/ C Conditional use permit not required if conducted completely indoors, subject to § 18.38.270   13  Antennas–Broadcasting P/ C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas–Telecommunications-Stealth Building-Mounted T Subject to § 18.38.060 and § 18.62.020 Antennas–Telecommunications-Stealth Ground-Mounted T Subject to § 18.38.060 Antennas–Telecommunications- Ground- Mounted (Non-Stealth) N Automated Teller Machines (ATM’s) P Automotive–Vehicle Sales, Lease & Rental C Subject to § 18.38.200 Automotive–Sales Agency Office (Retail) C Subject to § 18.38.065 Automotive–Sales Agency Office (Wholesale) P/M/C Subject to §§ 18.16.055 and 18.38.065. Minor conditional use permit required for on-site storage, display or parking of one or two vehicles being held as inventory. Conditional use permit required for on-site storage, display or parking of any three or more vehicles being held as inventory Automotive–Impound Yards C Subject to § 18.38.200 Automotive–Public Parking MC Automotive–Parts Sales P/C Permitted without a conditional use permit if conducted entirely indoors Automotive–Repair & Modification: Major C Automotive–Repair & Modification: Minor M Automotive–Service Stations C Subject to § 18.38.070 Automotive – Vehicle Storage M/C Permitted for up to one year by minor conditional use permit, with optional one year extensions to permit the use for up to five years; conditional use permit required to permit the use for over five years. Automotive–Washing C Banquet Halls C Bars & Nightclubs C Billboards N Boat & RV Sales C Subject to § 18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to §§ 18.38.190 and 18.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios–Large C Dance & Fitness Studios–Small MC Day Care Centers C   14  Drive-Through Facilities C Permitted without a conditional use permit as an accessory use if in conjunction with Business and Financial Services as the primary use Educational Institutions–Business MC Educational Institutions–General C Educational Institutions–Tutoring C Subject to § 18.36.040.050 Emergency Shelters (50 or fewer occupants) P Subject to § 18.38.125 Emergency Shelters (more than 50 occupants) C Subject to § 18.38.125 Entertainment Venue C Equipment Rental–Large P/C Permitted without a conditional use permit if conducted entirely indoors subject to § 18.38.200 Equipment Rental–Small P Helipads & Heliports C Hospitals C Hotels & Motels C Industry– P Industry–Heavy C Junkyards C Subject to § 18.38.200 Medical & Dental Offices MC Mortuaries C Offices–Development P Offices–General P/M C Permitted without minor conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to § 18.38.180 Outdoor Storage Yards C Permitted without a conditional use permit if all storage is screened from view. Subject to § 18.38.200, otherwise a Conditional Use Permit is required. Personal Services–General C Laundromats are subject to § 18.38.150 Personal Services–Restricted C Plant Nurseries P/ C Subject to § 18.38.190, 18.38.200 and 18.38.205; otherwise a Conditional Use Permit is required. Public Services P Recreation–Billiards C Recreation–Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis C Recycling Facilities P/ C Subject to Chapter 18.48. Small processing facilities under 4,000 s.f. that conduct all work inside are allowed without a conditional use permit. Repair Services–General P   15  Repair Services–Limited P Research & Development P Restaurants–Full Service N Restaurants–General C Allowed without a conditional use permit when a part of an industrial complex of 5 or more units Restaurants–Outdoor Dining C Subject to § 18.38.220 Retail Sales–General C Industrially-related only Retail Sales-Kiosks N Retail Sales–Outdoor C Subject to § 18.38.190 and 18.38.200 Self-Storage C Subject to City Council Policy No. 7.2 Sex-Oriented Businesses P Subject to Chapter 18.54 Studios–Broadcasting P Studios–Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Subject to § 18.38.200 Utilities–Major C Utilities–Minor P Veterinary Services P Subject to § 18.38.270 Warehousing & Storage–Enclosed P Wholesaling P SECTION 10. That Table 10-B (Accessory Uses and Structures: Industrial Zones) of Chapter 18.10 (Industrial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 10-B ACCESSORY USES AND STRUCTURES: INDUSTRIAL ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited I Special Provisions Accessory Entertainment P Subject to § 18.16.060 in conjunction with a commercial use Amusement Devices P Animal Keeping P Subject to § 18.38.030 Antennas–Dish P Subject to § 18.38.050 Antennas–Receiving P Subject to § 18.38.050 Caretaker Units P Subject to § 18.38.090 Fences & Walls P Subject to § 18.38.050; this use may occur on a lot without a primary use Home Occupations P Subject to § 18.38.130 Landscaping & Gardens P Subject to Chapter 18.46; this use may occur on a lot without a primary use   16  Mechanical & Utility Equipment– Ground Mounted P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P Subject to § 18.38.170 Parking Lots & Garages P Petroleum Storage–Incidental P Shall comply with the Uniform Fire Code Portable Food Carts P Subject to § 18.38.210 Recreation Buildings & Structures P Recycling Facilities P Subject to Chapter 18.48 Retail Floor, Wall & Window Coverings P Subject to § 18.38.250 Signs P Subject to Chapter 18.44 Tile Sales P Subject to § 18.38.250 Valet Parking C Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks Warehousing & Storage–Outdoors P Subject to § 18.38.200 SECTION 11. That Subsection .040 of Section 18.14.030 (USES) of Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.14.030 USES. .040 The allowable uses in Tables 14-A, 14-B and 14-C for each zone are established by letter designations as follows: .0401 “P” designates classes of uses permitted by right; .0402 “C” designates classes of uses permitted with a conditional use permit; .0403 “N” designates classes of uses that are prohibited; and “M” designates classes of uses permitted with a minor conditional use permit; .0404 “T” designates classes of uses permitted with a telecommunications antenna review permit.; and .0405 “N” designates classes of uses that are prohibited. SECTION 12. That Table 14-A (Primary Uses: Public and Special-Purpose Zones) of Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 14-A PRIMARY USES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required   17  M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Residential Classes of Uses Dwellings–Single-Family Detached N N N P One single-family detached dwelling unit allowed on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Mobile Home Parks N N N C Senior Citizens Housing N N N C Senior Citizens Apartment projects subject to Chapter 18.50 Supportive Housing (6 or fewer persons) N N N P One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Supportive Housing (7 or more persons) N N N C One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Transitional Housing (6 or fewer persons) N N N P One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Transitional Housing (7 or more persons) N N N C One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Non-Residential Classes of Uses Agricultural Crops P N N P Alcoholic Beverage Sales– On-Sale N M/C M/C C In the “PR” and “SP” zones, permitted with minor conditional use permit if accessory to a primary restaurant use. In the “T” Zone, only in conjunction with a Community and Religious Assembly use Ambulance Services N N N C Animal Boarding C N N C Antennas–Broadcasting N N N C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas–Private Transmitting N N N C Subject to § 18.38.040   18  Antennas– Telecommunications- Stealth Building-Mounted T T T T Subject to §§ 18.38.060 and 18.62.020 Antennas– Telecommunications- Stealth Ground-Mounted C C C C Subject to § 18.38.060 Antennas– Telecommunications- Ground-Mounted N N N N Subject to § 18.38.060 Automotive–Public Parking N P MC N Automotive–Sales Agency Office (Retail) N N N N Automotive–Sales Agency Office (Wholesale) N N N N Automotive–Repair & Modification: Major N N N N Automotive–Repair & Modification: Minor N N N N Automotive–Service Stations N N N C Subject to § 18.38.070 Automotive – Vehicle Storage N N N M/C Only allowed in “T” Zone on properties designated by the General Plan for Commercial or Industrial Land Uses for up to one year by minor conditional use permit, with optional one year extensions to permit the use for up to five years; conditional use permit required to permit the use for over five years. Automotive–Washing N N N C Bed & Breakfast Inns N N C C Subject to § 18.38.080 Beekeeping N N N C Cemeteries C N C C Commercial Retail Centers N N N C Only allowed in “T” Zone on properties designated by the General Plan for Commercial Land Uses Community & Religious Assembly N PN C C Convalescent & Rest Homes N N N C Convenience Stores N C C C Subject to § 18.38.110 Dance & Fitness Studios– Small N MC MN N Dance & Fitness Studios- Large N C C N Day Care Centers N C C C Educational Institutions– Business N C P C Educational Institutions– General N C P C   19  Entertainment Venue N C C C Golf Courses & Country Clubs C P P C Only allowed use in PR Zone is municipally owned golf course Group Care Facilities N C C N Helipads N N C N Hospitals N N C C Hotels & Motels N C N C Medical & Dental Offices N C C C Mortuaries N N N C Offices N C C C Oil Production N N N C Subject to § 18.38.180 Plant Nurseries P C C C Subject to §§ 18.38.190 and 18.38.200 Public Services N P P P Recreation–Billiards N C C C Recreation–Commercial Indoor N C C C Recreation–Commercial Outdoor N P C C Within the “T” Zone, use is subject to § 18.14.030.130 Recreation–Low-Impact C P C C Recreation–Swimming & Tennis N P C C Recycling Services– General N N N C Subject to Chapter 18.48 Research and Development N N N N Restaurants–Drive- Through N N C N Subject to § 18.38.220 Restaurants–General N C C C Subject to § 18.38.220 Restaurants–Outdoor Dining N C C C Subject to § 18.38.220 Restaurants–Walk-Up N C C N Retail Sales–General N N N C Only allowed in “T” Zone on properties designated by the General Plan for Commercial Land Uses Retail Sales-Kiosk N M M N Retail Sales–Used Merchandise N N N C Room & Board N N N C Self-Storage N N C N Transit Facilities N C C C Utilities–Major C C C C Utilities–Minor P P P P Veterinary Services N N N C      20  SECTION 13. That Table 14-B (Accessory Uses and Structures: Public and Special- Purpose Zones) of Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 14-B ACCESSORY USES AND STRUCTURES: PUBLIC AND SPECIAL- PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited OS PR SP T Special Provisions Accessory Dwelling Unit N N N P One Accessory Dwelling Unit allowed on a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920, with a General Plan Residential Land Use designation of Estate, Low Density, Low-Medium Hillside Density and Low-Medium Density. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS- 3 Zone shall apply for lots that are less than 7,200 square feet in size. Accessory Entertainment N P P P Subject to § 18.16.060 in conjunction with a commercial use Agricultural Workers Quarters N N N P Allowed only if agricultural operation on the lot is a minimum of 10 acres; no kitchens are allowed Animal Keeping P P P P Only in conjunction with residence; subject to § 18.38.030 Antennas– Dish P P P P Subject to § 18.38.050 Antennas– Receiving P P P P Subject to § 18.38.050 Bingo Establishments N N P P Subject to Chapter 7.34 Caretaker Units P P P P Subject to § 18.38.090 Day Care– Large Family N N N P Subject to § 18.38.140 Day Care– Small Family N N N P Fences & Walls P P P P Subject to § 18.40.050; this use may occur on a lot without a primary use Home Occupations P P P P Only in conjunction with a residence; subject to § 18.38.130 Landscaping & Gardens P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment– Ground Mounted P P P P Subject to § 18.38.160   21  Mechanical & Utility Equipment– Roof Mounted P P P P Subject to § 18.38.170 Parking Lots & Garages P P P P To serve needs of primary use only Petroleum Storage– Incidental N N N P Portable Food Carts N P P P Subject to § 18.38.210 Recreation Buildings & Structures P P P P Recycling Services– Consumer N P P P Subject to Chapter 18.48 Signs P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Valet Parking M M M M Vending Machines P P P P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks SECTION 14. That Section 18.16.055 (AUTOMOTIVE-SALES AGENCY OFFICE (WHOLESALE)) of Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.16.055 AUTOMOTIVE-SALES AGENCY OFFICE (WHOLESALE). .010 Permit Required. Any person, firm, corporation or other entity proposing to operate an Automotive Sales Agency Office (Wholesale) at the premises where the business or establishment is proposed who will not display, park or store any vehicle being held as inventory at said premises or within any portion of the legal property upon which the premises is located shall first obtain a permit in compliance with the provisions of this section. On the other hand, any person, firm, corporation, or other entity proposing to operate an Automotive-Sales Agency Office (Wholesale) at the premises where the business or establishment is proposed and who intends to display, park or store any vehicle being held as inventory at said premises or within any portion of the legal property upon which the premises is located shall first obtain a minor conditional use permit (up to two vehicles) or a conditional use permit (three or more vehicles) in compliance with Chapter 18.66 (Conditional Use Permits). .020 Operational Standards. .0101 Any person, firm, corporation, or other entity holding a permit issued pursuant to this section to operate an Automotive-Sales Agency Office (Wholesale) shall   22  operate only as a wholesale business at the premises identified on the permit and shall not display, park or store any vehicle being held as inventory within any portion of the legal property upon which the premises is located without first obtaining a minor conditional use permit (up to two vehicles) or a conditional use permit (three or more vehicles) in compliance with Chapter 18.66 (Conditional Use Permits). .0102 Vehicles in the possession and/or under the control of any person, firm, corporation, or other entity holding a permit issued pursuant to this section to operate an Automotive - Sales Agency Office (Wholesale) shall not be stored, parked, or displayed upon any public street or highway. (Ord. 6351 § 12; December 15, 2015.) SECTION 15. That Subsection .060 of Section 18.20.030 (MIXED USE DISTRICT USES) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.20.030 MIXED USE DISTRICT USES. .060 The allowable uses in Tables 20-A, 20-B and 20-C are established by letter designations as follows: .0601 "P" designates classes of uses permitted by right; .0602 "C" designates classes of uses permitted with a conditional use permit; .0603 "N" designates classes of uses that are prohibited; and“M” designates classes of uses permitted with a minor conditional use permit; .0604 "GF" designates classes of uses that are considered ground floor commercial for the PTMU Overlay Zone.; and .0605 “N” designates classes of uses that are prohibited. SECTION 16. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Residential Classes of Uses   23  Dwellings–Multiple-Family P Dwellings – Multiple-Family in the Gateway District, Sub- Area B C Subject to the approval of Conditional Use Permit No. 2003- 04763, as may be amended from time to time, and subject to the conditions set forth in Section 18.66.060 (Findings), and further subject to paragraphs .0201 and .0202 of subsection .020 of Section 18.20.200. Dwellings–Single-Family Attached P Dwellings–Single-Family Detached N Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens Apartment Projects) Supportive Housing P Transitional Housing P Non-Residential Classes of Uses Alcoholic Beverage Manufacturing P/C GF Subject to Section 18.38.025 Alcoholic Beverage Sales–Off- Sale C GF Conditional use permit not required if use is in conjunction with Markets–Large Alcoholic Beverage Sales–On- Sale M/C GF Permitted with minor conditional use permit if accessory to a primary restaurant use Automotive–Public Parking MC Automotive-Repair & Modification: Major N Automotive-Repair & Modification: Minor N Automotive-Sales Agency Office (Retail) N Automotive-Sales Agency Office (Wholesale) N Automotive–Vehicle Sales, Lease & Rental N Except as permitted as an accessory use Automotive–Service Stations C Bars & Nightclubs C GF Billboards N Business & Financial Services P GF Commercial Retail Centers C Community & Religious Assembly C GF Computer Internet & Amusement Facilities N N Convenience Stores C GF Conversions of hotels or motels to semi-permanent living quarters N   24  Dance & Fitness Studios– Large P GF Dance & Fitness Studios– Small P GF Day Care Centers C GF Drive-through Facilities N Educational Institutions– Business MC GF Educational Institutions– General C GF Educational Institutions– Tutoring P GF Entertainment Venue C GF Hotels & Motels P/C/ N Hotels are permitted, extended-stay hotels are permitted by conditional use permit, motels are not permitted (See Chapter 18.92 for definitions) Markets–Large P GF Outdoor farmer’s markets are allowed with a conditional use permit Markets–Small P GF Medical and Dental Offices P GF Offices–General P GF Personal Services–General P GF On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats are subject to § 18.38.150. Massage subject to § 18.16.070, except massage not permitted within Live/Work Units. Personal Services–Restricted C GF Public Services P GF Recreation–Billiards P GF Recreation–Commercial Indoor P GF Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis P Repair Services–Limited P GF Research and Development PC Restaurants–Drive-Through N Restaurants–General P GF Restaurants–Outdoor Dining P GF Subject to §18.38.220 (Restaurants– Outdoor Seating and Dining) Restaurants–Walk-Up P GF Retail Sales–General P GF Retail Sales-Kiosk M GF   25  Retail Sales–Used Merchandise N Sex-oriented businesses, as defined in Chapter 18.54 (Sex- Oriented Businesses) N Studios–Broadcasting P GF Broadcasting antennas require a conditional use permit Studios–Recording P GF Swap meets, indoor and outdoor N Transit Facilities P GF Utilities–Major C Use or activities not listed, nor specifically prohibited C As determined by the Planning Commission to be compatible with the intended purpose of the PTMU Overlay Zone. SECTION 17. That Table 20-B (Accessory Uses and Structures: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 20-B ACCESSORY USES AND STRUCTURES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Accessory Entertainment P P Subject to § 18.16.060 in conjunction with a commercial use Amusement Devices P Subject to § 18.16.050 (Amusement Devices) Animal Keeping P Subject to §18.38.030 (Animal Keeping) Antennas–Broadcasting C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas–Private Transmitting P Subject to §18.38.040 (Antennas–Private Transmitting) Antennas–Receiving P Subject to §18.38.050 (Antennas–Receiving) Antennas–Telecommunications– Stealth Building-Mounted T Subject to §§ 18.38.060 and 18.62.020 Antennas–Telecommunications– Stealth Ground-Mounted T Subject to §§ 18.38.060 and 18.62.020 Antennas–Telecommunications Ground-Mounted (Non-Stealth) N Automated Teller Machines (ATMs) P GF Subject to § 18.36.050.035 Automotive–Car Rental P Subject to a maximum of 5 parking spaces for on-site parking of vehicle available for rental in reserved parking spaces. The provision of more than 5 parking spaces for   26  rental vehicles shall be subject to the approval of the Planning Director. Said spaces shall be in addition to those required by Chapter 18.42 (Parking and Loading) Caretaker Units C Subject to §18.38.090 (Caretaker Units) Day Care–Large Family P Subject to § 18.38.140 (Large Family Day Care Homes) Day Care–Small Family P Fences & Walls P This use may occur on a lot with or without a primary use. Home Occupations P Subject to § 18.38.130 (Home Occupations) Landscaping & Gardens P Subject to Chapter 18.46 (Landscaping and Screening) Mechanical & Utility Equipment–Ground Mounted P Subject to § 18.38.160 (Mechanical and Utility Equipment–Ground Mounted) Mechanical & Utility Equipment–Roof Mounted P Subject to § 18.38.170 (Mechanical and Utility Equipment–Roof Mounted) and 18.20.140 (Design Standards) of this chapter Murals P/C Permitted when not visible from right-of-way or adjacent properties. Conditional use where visible from any public right-of-way or adjacent properties. Parking Lots & Garages P Portable Food Carts C Recreation Buildings & Structures P GF Recreation–Low-Impact P Recycling Services–Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval Retail Kiosks P Signs P Subject to Chapter 18.44 (Signs) and 18.20.150 (Signs) of this chapter Solar Energy Panels P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Thematic Elements P Utilities–Minor P Valet Parking M Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks SECTION 18. That Subsection .010 of Section 18.20.120 (Parking, Loading and Vehicular Access) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.20.120 PARKING, LOADING AND VEHICULAR ACCESS. .010 Number of Parking Spaces.   27  .0101 Number of Spaces for Residential Uses. Parking for residential uses shall conform to the requirements of subsection .020 Dwelling-Multiple Family, of Section 18.42.030 Residential Parking Requirements. .0102 Number of Spaces for Non-Residential Uses. The number of parking spaces for non-residential uses shall be determined by the type of use (use class) specified in Table 42-A (Non-Residential Parking Requirements) of Chapter 18.42 (Parking and Loading). .0103 Number of Spaces for Mixed-Use Projects. Due to variations in parking demand and the needs of each project, vehicle parking requirements, the demand for drop-off and pick-up locations and the design of the parking areas, including ingress and egress, shall be determined as part of the final site plan review process by the Planning Services Division of the Planning Department based upon information contained in a parking demand study prepared by an independent traffic engineer, as approved by the Planning Services Division of the Planning Department and/or its designee. The parking demand study shall be prepared at the property owner/developer’s expense and provided as part of the final site plan application. .0104 On-Street Parking. Parking located on a private or public street directly in front of a use may be considered for parking credit; providing a parking management plan is approved by the City Engineer, which adequately addresses how parking will be limited to the use that it is intended to serve. Diagonal and perpendicular parking shall be in conformance with Chapter 18.20.120.040. .0105 Tandem Parking. Tandem parking spaces of not more than two (2) vehicles deep shall be permitted provided that (i) such tandem parking spaces are enclosed or covered parking spaces, and (ii) both spaces are assigned to the same designated dwelling unit. .0106 Valet Parking. Valet parking may be permitted in conjunction with subterranean parking, provided valet services are provided for and managed by an on-site management company or homeowner’s association. and a minor conditional use permit is approved pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits). .0107 Drop-off and Pick-Up Locations. Drop-off and pick-up locations shall be incorporated into the design of parking areas, and the number, location and design shall be approved by the City Engineer. SECTION 19. That Subsection .050 of Section 18.30.030 (USES) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:   28  18.30.030 USES. .050 The allowable uses in Tables 30-A, 30-B and 30-C for each district are established by letter designations as follows: .0501 “P” designates classes of uses permitted by right; .0502 “C” designates classes of uses permitted with a conditional use permit; and .0503 “N” designates classes of uses that are prohibited. “M” designates classes of uses permitted with a minor conditional use permit; and .0504 “N” designates classes of uses that are prohibited. SECTION 20. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited DMU Special Provisions Residential Classes of Uses Dwellings–Multiple-Family P Dwellings–Single-Family Attached P Dwellings–Single-Family Detached P Senior Citizen Housing P Subject to Chapter 18.50 (Senior Citizens’ Housing–Apartment Projects) Supportive Housing P Transitional Housing P Non-Residential Classes of Uses Alcoholic Beverage Manufacturing P Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale P Conditional use permit required if sales are not accessory to a primary restaurant use Animal Boarding N Animal Grooming P Antennas–Broadcasting P Conditional use permit required if facilities are not accessory to a primary use on the same lot, not completely screened from view from a public right-of-way or not disguised as an integral architectural feature Antennas– Private Transmitting P Conditional use permit required, if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature   29  Antennas–Telecommunications P Conditional use permit required if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature; subject to Section 18.38.060 (Antennas–Telecommunications) Automotive–Impound Yards N Automotive–Public Parking P Automotive-Repair & Modification: Major N Automotive-Repair & Modification: Minor N Automotive-Sales Agency Office (Retail) N Automotive-Sales Agency Office (Wholesale) N Automotive–Washing N Bars & Nightclubs C Billboards N Business & Financial Services P Commercial Place-making Uses P Subject to review and approval by the Planning and Community and Economic Development Departments Community & Religious Assembly C Conditional Use Permit not required for museums Computer Internet & Amusement Facilities N Convalescent and Rest Homes N Convenience Stores N Dance and Fitness Studios–Large P Dance and Fitness Studios–Small P Day Care Centers C Drive Through Facilities N Educational Institutions–Business P Educational Institutions–General C Educational Institutions–Tutoring P Subject to Subsection .050 of Section 18.36.040 (Educational Institutions–Tutoring) Entertainment Venue C Subject to Subsection .050 of Section 18.36.040 (Entertainment Venue) Hotels C Markets–Large P Outdoor farmers markets are allowed with a conditional use permit Markets–Small P Medical & Dental Offices P Medical Marijuana Dispensaries N Motels N Offices–General P Pawn shops N   30  Personal Services–General P/N On-site dry cleaning and laundromats are not allowed. Massage subject to § 18.16.070 except massage not permitted in live/work units. Personal Services–Restricted N Public Services P Public Art and Murals P Subject to review and approval by the Planning and Community and Economic Development Departments Recreation–Billiards P Subject to Section 18.38.085 Recreation–Commercial Indoor C Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming and Tennis P Repair Services–General N Repair Services–Limited P Restaurants–General P Subject to Subsection .180 of Section 18.36.040 Restaurants–Outdoor Seating and Dining P Subject to Section 18.38.220 Restaurants–Walk-Up P Research and Development N Retail Sales–General P Retail Sales–Kiosks MC If food service is proposed, the application shall include a complete description of how food products will be refrigerated and/or heated, and how utensils, appliances and equipment will be cleaned. Retail Sales–Used Merchandise P Self-Storage Facilities N Smoking Lounges N Studios–Broadcasting P Studios–Recording P Utilities–Major N Utilities–Minor P SECTION 21. That Table 30-B (Accessory Uses and Structures: Downtown Mixed Use Overlay Zone) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 30-B ACCESSORY USES AND STRUCTURES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited DMU Special Provisions Amusement Devices P Subject to Section 18.16.050 (Amusement Devices)   31  Animal Keeping P Subject to Section 18.38.030 (Animal Keeping) Antennas–Dish P Conditional use permit required if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature; subject to Section 18.38.050 (Antennas – Receiving) Antennas–Receiving P Conditional use permit required, if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature; subject to Section 18.38.050 (Antennas – Receiving) Automated Teller Machines (ATMs) P Freestanding kiosks not permitted Caretaker Units C Day Care–Large Family C Subject to Section 18.38.140 (Large Family Day Care Homes) Day Care–Small Family P Entertainment C Subject to Subsection .105 of Section 18.36.050 (Entertainment – Accessory) Fences & Walls P Subject to Section 18.46.110 (Screening, Fences, Walls and Hedges); this use may occur on a lot with or without a primary use Home Occupations P Subject to Section 18.38.130 (Home Occupations) Landscaping & Gardens P Subject to Chapter 18.46 (Landscaping and Screening); this use may occur on a lot with or without a primary use Mechanical & Utility Equipment– Ground Mounted P Subject to Section 18.38.160 (Mechanical and Utility Equipment – Ground Mounted) Mechanical & Utility Equipment– Roof Mounted P Subject to Section 18.38.170 (Mechanical and Utility Equipment – Roof Mounted) Outdoor Seating and Dining P Subject to Section 18.38.220 (Restaurants -– Outdoor Seating and Dining) Parking Lots & Garages P Portable Food Carts C Recreation Buildings & Structures P Retail Sales–Outdoor Display P Subject to Subsection .170 of Section 18.36.050 (Outdoor Displays) Signs P Subject to Section 18.30.120 (Signs). Portable signs may be permitted, subject to review and approval of a “Coordinated Sign Program” by the Planning Director. Solar Energy Panels P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane as provided in Section 18.38.170 Thematic Elements P Valet Parking M Vending Machines P Shall be screened from view from public rights-of-way, and shall not encroach onto sidewalks SECTION 22. That Subsection .040 of Section 18.32.030 (USES) of Chapter 18.32 (Mixed Use (MU) Overlay Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:   32  18.32.030 USES. .040 Designations. The allowable uses in Tables 32-A, 32-B, and 32-C are established by letter designations as follows: .0401 “P” designates classes of uses permitted by right; .0402 “C” designates classes of uses permitted with a conditional use permit; and .0403 “N” designates classes of uses that are prohibited.“M” designates classes of uses permitted with a minor conditional use permit; and .0404 “N” designates classes of uses that are prohibited. SECTION 23. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Chapter 18.32 (Mixed Use (MU) Overlay Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited MU Special Provisions Residential Classes of Uses Dwellings–Multiple- Family C 24-hour on-site management is required Dwellings–Single- Family Attached C Senior Citizen Housing C Subject to Chapter 18.50 Supportive Housing C Transitional Housing C Non-Residential Classes of Uses Alcoholic Beverage Sales– Off-Sale C Alcoholic Beverage Sales– On-Sale M/C Permitted with minor conditional use permit if accessory to a primary restaurant use Antennas– Telecommunications C Shall be fully screened by the building to which they are attached; subject to § 18.38.060 Automotive-Public Parking M Automotive-Sales Agency Office (Retail) N Automotive–Sales Agency Office (Wholesale) P Subject to § 18.16.055 for office use, only; no on-site storage, display or parking of any vehicle being held as inventory   33  Automotive-Repair & Modification: Major N Automotive-Repair & Modification: Minor N Bars & Nightclubs C Business & Financial Services P Computer Internet & Amusement Facilities N Convenience Stores C Subject to § 18.38.110 Dance & Fitness Studios– Large C Dance & Fitness Studios– Small P Educational Institutions– Business MC Entertainment Venue C Markets–Large C Subject to § 18.38.155 Markets–Small C Subject to § 18.38.155 Medical & Dental Offices P Offices P Personal Services–General P Massage subject to § 18.16.070, except massage not permitted within Live/Work Units. Personal Services–Restricted C Recreation–Commercial Indoor C Recreation–Low-Impact P Allowed only as an accessory use to a primary use Repair Services–Limited P Research and Development N Restaurants–General P Subject to § 18.38.220 Restaurants–Outdoor Dining P Subject to § 18.38.220 Retail Sales–General P Retail Sales–Kiosks MC Short-Term Rentals P Subject to a short-term rental permit as provided in Chapter 4.05 Transit Facilities C Utilities–Major P Allowed only as an accessory use to a primary use Wine Bars C SECTION 24. That Table 32-B (Accessory Uses and Structures: Mixed Use Overlay Zone) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 32-B ACCESSORY USES AND P=Permitted by Right C=Conditional Use Permit Required   34  STRUCTURES: MIXED USE OVERLAY ZONE M=Minor Conditional Use Permit Required N=Prohibited MU Special Provisions Amusement Devices P Animal Keeping P Subject to § 18.38.030 Antennas–Dish P Subject to § 18.38.050 Antennas–Receiving P Subject to § 18.38.050 Caretaker Units P Subject to § 18.38.090 Fences & Walls P Subject to § 18.40.050; this use may occur on a lot without a primary use Home Occupations P Subject to § 18.38.130 Landscaping & Gardens P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment– Ground Mounted P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P Subject to § 18.38.170 Parking Lots & Garages P Signs P Subject to Chapter 18.44 Valet Parking M Vending Machines P Shall be screened from view from public rights-of-way, and shall not encroach onto sidewalks SECTION 25. That Subsection .010 of Section 18.36.040 (NON-RESIDENTIAL PRIMARY USE CLASSES) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.36.040 NON-RESIDENTIAL PRIMARY USE CLASSES. .010 “A” Use Classes. Agricultural Crops. This use class consists of the growing of field crops, trees, vegetables, fruits, berries, and nursery stock, but does not include the raising of animals for commercial purposes. The accessory retail sale of products grown on- site is also included. Alcoholic Beverage Manufacturing. This use class consists of establishments that produce or manufacture alcoholic beverages of all types. Businesses under this use class may sell alcohol produced or manufactured on the alcoholic beverage manufacturer’s licensed premises for On-Sale or Off-Sale consumption. Typical uses include breweries, distilleries and wineries. Tasting rooms or tap rooms may be included in conjunction with the manufacturing.   35  Alcoholic Beverage Sales-Off-Sale. This use class consists of establishments that sell alcoholic beverages of all types for consumption outside the building in which they are sold. Typical uses include liquor or grocery stores, and convenience markets, selling alcoholic beverages for off-site consumption. Alcoholic Beverage Sales-On-Sale. This use class consists of establishments that sell alcoholic beverages of all types for consumption within the building in which they are sold or in an accessory outdoor dining area. Typical uses include bars, wine bars, brew pubs, and restaurants that serve alcoholic beverages. Ambulance Services. This use class consists of establishments that offer a service of providing vehicles for transporting the sick or injured. Overnight storage of such vehicles is included, but vehicle maintenance is not. Helipads used for Ambulance Services are subject to the provisions of the Helipads use class. Animal Boarding. This use class consists of facilities for the medical treatment, grooming care, breeding, or overnight accommodation of more household pets than are allowed as an accessory use to a residential use, but does not include the care, treatment, breeding, day care or accommodation of large animals, such as horses, sheep or hogs. Animal Grooming. This use class consists of facilities for the grooming of household pets, but does not include day care, overnight accommodation or other activities covered by Animal Boarding or Veterinary Services. Antennas-Broadcasting. This use class consists of transmitting antennas or transmitting and receiving antennas used for the purpose of broadcasting radio, television or other electronic signals. Antennas-Private Transmitting. This use class consists of ground-mounted, amateur-operated radio transmitting towers and/or antennas. Amateur-operated radio towers and/or antennas that are used only for receiving signals are considered an allowed accessory use. Antennas-Telecommunications. This use class consists of transmitting and receiving antennas used for the purpose of relaying telephone and data transmissions. Automated Teller Machines (ATM’s). This use class consists of cash dispensing machines that are typically located on an exterior building wall or as a stand-alone facility. Such uses are not considered a separate tenant space when associated with a commercial retail center. Automotive-Vehicle Sales, Lease & Rental. This use class consists of the established place of business operated by a “dealer” for the sale, long-term lease,   36  or rental of new or used automobiles, motorcycles or motorized scooters for profit, including automobile auction facilities and the onsite outdoor storage of vehicles for sale, lease or rent. Typical land uses are car lots where vehicles displayed for sale typically include advertising. The term “dealer” is defined in the California Vehicle Code. Automotive-Sales Agency Office (Retail). This use class consists of offices for businesses or establishments operated by a “dealer” for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, “brokering”, or otherwise dealing in used motor vehicles for sale at retail (including internet sales) who does not offer used motor vehicles for sale at wholesale. The terms “dealer” and “brokering” are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term “used motor vehicles” includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and shall also have an area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory at the premises where the business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site). This use class includes “autobroker” or “auto buying service”, as defined in Section 166 of the California Vehicle Code. Automotive-Sales Agency Office (Wholesale). This use class consists of offices for businesses or establishments operated by a “dealer” for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, “brokering”, or otherwise dealing in used motor vehicles at wholesale (including internet sales) and who do not sell motor vehicles at retail, or who is a wholesaler involved for profit only in the sale of motor vehicles between licensed dealers. The terms “dealer” and “brokering” are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term “used motor vehicles” includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and may have an area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory at the premises where the business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site); but the display, parking or storage of any vehicle being held as inventory on-site is not required. This use class includes an “autobroker” or “auto buying service”, as defined in Section 166 of the California Vehicle Code, that does not sell motor vehicles at retail. Automotive-Impound Yards. This use class consists of facilities used for the temporary storage of vehicles that have been involved in accidents. It does not include the repair or dismantling of vehicles.   37  Automotive-Public Parking. This use class consists of outdoor parking lots or parking structures, either publicly or privately owned, where they are the primary use of the property and not accessory to another use. Any parking lot used for overnight parking shall be considered ‘Warehousing & Storage-Outdoors’. Automotive-Parts Sales. This use class consists of the sale of new or reconditioned parts used in automobiles, motorcycles, trucks and similar vehicles, but does not include the on-site installation of such parts or lubricants. Automotive-Repair and Modification: Major. This use class consists of services such as body work, conversion, installation of parts, modification, painting, repair, smog check and tire installation for facilities that are engaged primarily in substantial repair of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles. , such as major body or paint work, major transmission and engine repair/rebuilding, vehicle restorations, upholstering, frame work, welding, and other similar services as determined by the Planning Director. This use excludes facilities that are used for towing of vehicles, sale, repair, and storage of trucks or other related equipment, or temporary storage of vehicles that have bene involved in accidents. The repair of trucks is considered ‘Truck Repair and Sales’. Automotive-Repair and Modification: Minor. This use class consists of facilities that conduct routine and incidental repair services of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles that are less extensive. Typical services include smog check, quick-service oil, tune-up, brake and wheel service, accessory and tire installation and service, engine adjustments, electrical work, front-end alignment, stereo installation, window tinting, and other similar services as determined by the Planning Director, where all repair services are conducted in enclosed bays, no vehicles are stored overnight, and there are no outdoor storage of any materials, parts, and/or equipment. This use excludes facilities that are used for towing of vehicles, sale, repair, and storage of trucks or other related equipment, or temporary storage of vehicles that have bene involved in accidents. Automotive-Service Stations. This use class consists of gasoline stations, including ancillary convenience retail and auto services. Service stations that contain any repair bays are considered ‘Automotive-Repair and Modification’. Automotive – Vehicle Storage. This use class consists of properties used for the temporary off-site storage of inventory for the type of use “Automotive-Vehicle Sales, Lease & Rental,” as described above and operated within the City of Anaheim.   38  Automotive-Washing. This use class consists of establishments providing hand-operated, self-service, or mechanical automobile washing services, and may include detailing. SECTION 26. That Subsection .200 of Section 18.36.040 (NON-RESIDENTIAL PRIMARY USE CLASSES) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.36.040 NON-RESIDENTIAL PRIMARY USE CLASSES. .200 “T” Use Classes. Towing Services. This use class consists of facilities that are used for the towing of vehicles. Overnight storage of operational towing vehicles is included. Maintenance of any vehicles or storage of towed vehicles is not included. Transit Facilities. This use class consists of facilities that serve as stations for taxi, bus, freight, truck or transit systems that primarily provide for the movement of goods and/or people. Facilities that serve as product distribution facilities where the materials, products and/or goods to be moved/transferred are stored entirely within a building shall be considered as “Warehousing & Storage-Enclosed.” Truck Repair & Sales. This use class consists of facilities for the sale, repair and storage of trucks or other related equipment, such as trailers, including onsite outdoor storage and display of such vehicles. SECTION 27. That Subsection .230 of Section 18.36.040 (NON-RESIDENTIAL PRIMARY USE CLASSES) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.36.040 NON-RESIDENTIAL PRIMARY USE CLASSES. .230 “W” Use Classes. Warehousing & Storage–Enclosed. This use class consists of the storage of materials and finished products entirely within a building. Incidental Such facilities may include loading facilities and management offices are included. Product distribution facilities where the materials, products and/or goods to be moved/transferred are stored entirely within a building are also included. This use class does not include self-storage facilities or storage and transport of recycled/solid waste or hazardous materials. Wholesaling. This use class consists of indoor storage and distribution of merchandise, packages and bulk goods. Retail sales to the general public are not included. This classification includes importing and sale of imported goods, wholesale   39  distribution, and the wholesale of vehicles, provided there are no retail sales or repair and the vehicles are stored within a building. Associated activities, such as packaging and crating, and incidental loading facilities and management offices are included. Wine Bar. This use class consists of an establishment having as its principal or predominant use the serving of wine for consumption on the premises. Sandwiches, light meals and/or full-service meals may be available for consumption on the premises but are not the principal or predominant use of the establishment. SECTION 28. That new Subsection .295 be added to Section 18.36.050 (ACCESSORY USE CLASSES) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code to read in full as follows: 18.36.050 ACCESSORY USE CLASSES. .195 Valet Parking. A parking service provided to accommodate users of an establishment, which service is incidental to the establishment and by which an attendant on behalf of the establishment takes temporary custody of the users’ vehicles and moves, parks, stores or retrieves the vehicle. SECTION 29. That Subsection .010 of Section 18.38.065 (AUTOMOTIVE – SALES AGENCY OFFICE (RETAIL) AND AUTOMOTIVE – SALES AGENCY OFFICE (WHOLESALE)) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.065 AUTOMOTIVE – SALES AGENCY OFFICE (RETAIL) AND AUTOMOTIVE – SALES AGENCY OFFICE (WHOLESALE). .010 Any person, firm, corporation, or other entity proposing to operate an Automotive- Sales Agency Office (Retail) shall first obtain a conditional use permit in compliance with Chapter 18.66 (Conditional Use Permits) and shall be subject to the following provisions. Likewise, aAny person, firm, corporation or other entity proposing to operate an Automotive–Sales Agency Office (Wholesale) that stores, displays or parks any vehicle being held as inventory at the premises where the business or establishment is proposed or established or within any portion of the legal property upon which the premises is located shall first obtain a minor conditional use permit (up to two vehicles) or a conditional use permit (three or more vehicles) in compliance with Chapter 18.66 (Conditional Use Permits) and shall be subject to the following provisions. .0101 No flags or banners are permitted on a used motor vehicle offered for sale to a consumer, except for the display of a window sticker called the “Buyer’s Guide” in compliance with the Federal Trade Commission’s Trade Regulation Rule Concerning the Sale of Used Motor Vehicles (Part 455 of Title 16 of the Code of Federal Regulations).   40  .0102 Vehicular servicing, repair, detailing, rental and washing are not permitted in conjunction with an Automotive–Sales Agency Office. .0103 The storage, display or parking of automobiles beyond the on-site display space authorized under the minor conditional use permit or the conditional use permit is prohibited. No person, firm, corporation, or other entity engaged in conducting or carrying on the business of an Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale) which is subject to this section shall store, display or park for such purposes any motor vehicle in his/her/its possession or under his/her/its control upon any public street or highway; provided, however, that the prohibition contained in this sentence shall not apply to any motor vehicle registered in the name of such person, firm, corporation, or other entity or to any motor vehicle for which an application and fee for registration in the name of such person, firm, corporation, or other entity has been filed with the California Department of Motor Vehicles as long as the motor vehicle is not for sale by the owner of the business. SECTION 30. That Subsection .020 of Section 18.38.220 (RESTAURANTS – OUTDOOR SEATING AND DINING) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.220 RESTAURANTS – OUTDOOR SEATING AND DINING. .020 Outdoor Dining. Outdoor dining, as defined in Chapter 18.92 (Definitions), shall comply with the following: .0201 The outdoor dining area shall be immediately adjacent to, and take primary access from, the restaurant. .0202 The outdoor dining area shall not encroach into any public right-of-way or any required setback, yard, landscaping or parking area. .0203 The outdoor dining area shall be used exclusively for the seating and consumption of meals and/or beverages by patrons of the restaurant. .0204 The outdoor dining area shall be entirely enclosed by landscape planters, fencing or other decorative barriers that physically separate the outdoor dining area from other open or public areas. .01 The enclosure fence shall be at least 40-inches high. .02 Emergency exits shall be maintained (as required by the Uniform Fire Code) but shall not be utilized by patrons and/or employees other than in an emergency.   41  .0205 The outdoor dining area shall be included in the gross floor area of a restaurant to determine parking requirements. .0206 A conditional use permit shall be required for the sale of any beer, wine or other alcoholic beverages to be consumed, or any outdoor entertainment provided, in an outdoor dining area. .0207 The outdoor dining area shall not be located within 200 feet of any residential zone boundary or any property containing a residential use, whether said residential boundary or property containing a residential use is within or outside of the corporate boundaries of the City of Anaheim. Restaurants with outdoor dining located less than 200 feet of any residential zone boundary or any property containing a residential use may be permitted by conditional use permit. The sale and/or consumption of any beer, wine or other alcoholic beverages in an outdoor dining area shall be permitted only if the main restaurant has a valid permit for on-site alcohol sales. .0208 The activities occurring in conjunction with the operation of the outdoor dining area shall not cause a noise disturbance to surrounding properties or businesses. .0209 No advertising or identification of any type shall be permitted on any outdoor furniture including umbrellas by illustration, text or any other means of communication. .0210 Any accessory outdoor cooking facilities shall be well maintained in a neat and orderly manner. Any facilities not used on a regular basis shall be stored indoors. .0211 The business is responsible for maintaining free of litter the area adjacent to the outdoor dining area over which they have control. .0212 A minimum six (6) foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk. .0213 Outdoor furniture and accessories shall be kept clean, neatly maintained, with no ripped or faded material. Any un-maintained or damaged furniture or accessories shall be repaired or replaced immediately. (Ord. 5920 1 (part); June 8, 2004: Ord. 6286 § 25; September 3, 2013.) SECTION 31. That Subsection .020 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.42.030 RESIDENTIAL PARKING REQUIREMENTS. .020 Dwellings-Multiple Family.   42  .0201 The minimum required number of off-street parking spaces for Multiple- Family Dwellings shall be based on the total number of bedrooms as follows: Total Number of Bedrooms Minimum Number of Parking Spaces per Unit Studio unit 1.25 1 bedroom 2.0 2 bedrooms 2.25 3 or more bedrooms 3.0 (plus 0.5 space for each bedroom over 3 bedrooms) .0202 Guest Parking. Of the number of required parking spaces, one-quarter (0.25) space per dwelling unit shall be reserved and clearly marked for guest parking only and shall be readily accessible to motorists from contiguous streets and/or vehicle accessways. .0203 Required parking spaces for residents and tenants in Multiple-Family Residential projects shall be readily accessible. No fee shall be assessed for the use of parking spaces required by current code or for parking spaces required by code at the time of construction of the project, whichever is higher. .0204 Any assigned spaces shall be located within one hundred (100) feet of, and be readily accessible to, the dwelling unit served. Unassigned spaces provided to satisfy parking requirements for a dwelling unit shall be located within two hundred (200) feet of the unit served. .0205 Tandem Parking Spaces. Tandem parking spaces of not more than two (2) vehicles deep shall be permitted for the parking spaces required for Multiple Family Residential projects under paragraph .0201 above. Tandem parking spaces of not more than two (2) vehicles deep shall be permitted for parking spaces required for Multiple Family Residential projects under paragraph .0201, above, provided that (i) such tandem parking spaces are enclosed or covered parking spaces, and (ii) both spaces are assigned to the same designated dwelling unit. Tandem parking can also be utilized to accommodate valet parking. Tandem parking spaces shall not be counted toward the required number of guest parking spaces. .0206 Parking areas shall be screened by means of landscaping or architectural devices from adjacent public and private streets and properties, and from living or recreational-leisure areas, to a height of twenty-four (24) inches, with the exception of line-of-sight requirements, as shown on the applicable Engineering Standard Details pertaining to commercial driveway approaches. .0207 Any interior walls of covered parking areas shall be finished with exterior finish material. Adequate bumper guards shall be provided to protect any interior walls from damage. .0208 Garages or carports may be installed in areas previously designated for open surface, resident parking subject to the following provisions;   43  .01 Garages or carports may encroach into required building and landscape setback areas (excluding front setbacks adjacent to public streets) subject to the review and approval by the Planning Director. Any decision by the Planning Director may be appealed to the Planning Commission as provided in Chapter 18.60 (Procedures); .02 Any installed garage doors must be roll-up type doors; .03 Garages may not be used for storage and must be used for parking of operable vehicles only. In addition, the property owner or property manager is responsible for assuring compliance with this provision; .04 Exterior garage walls, where visible from any public or private property, shall be finished with colors and materials consistent with the exterior colors and materials of existing buildings on the site and roofs must be finished with quality materials, such as, tile or shingles. Elevation plans must be reviewed and approved by the Planning Director; .05 The total number of required parking spaces provided on the site is not decreased beyond minimum code requirements by the construction of the garages. Replacement parking spaces may be provided elsewhere on the project site; .06 Garage spaces must be assigned to specific apartment units and shall not be rented or leased to non-residents; .07 Garage or carport spaces proposed to be constructed under the provisions of paragraph 18.42.030.020.0208, above, need not be within 100 feet of the unit to which it is assigned. (Ord. 5998 § 34; October 25, 2005: Ord. 6218 § 2; July 19, 2011: Ord. 6220 § 1; August 23, 2011.) .0209 Valet parking may be permitted for multiple family residential developments provided that the valet parking is provided and managed by on-site management company or homeowner’s association and a minor conditional use permit is approved pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits). SECTION 32. That new Subsection .030 be added to Section 18.42.040 (NON- RESIDENTIAL PARKING REQUIREMENTS) be added to Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code to read in full as follows: 18.42.040 NON-RESIDENTIAL PARKING REQUIREMENTS. .030 Valet parking may be permitted for non-residential developments provided a minor conditional use permit is approved pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits). Tandem spaces may be utilized to accommodate valet parking.   44  SECTION 33. That new Section 18.60.085 (NOTICE FOR MINOR CONDITIONAL USE PERMIT) be added to Chapter 18.60 (Procedures) of Title 18 (Zoning) of the Anaheim Municipal Code to read in full as follows: 18.60.085 NOTICES FOR MINOR CONDITIONAL USE PERMIT When an application for a minor conditional use permit is deemed complete, the Planning Director or his/her designee shall notify the owners and occupants of properties within 300 feet of the proposed use and/or development by letter. Such notice shall include general explanation of the matter being considered and a general description of the location of the subject property, and shall be sent not less than ten days prior to any action taken on such application by the Planning Director. SECTION 34. That Section 18.60.090 (PUBLIC HEARING) of Chapter 18.60 (Procedures) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.60.090 PUBLIC HEARING. A public hearing for each discretionary permit application, including but not limited to conditional use permits and variances, shall be scheduled, after determining that the application is complete and any required environmental documents have been prepared. Minor conditional use permits shall not require a public hearing, unless referred to the Planning Commission by the Planning Director, pursuant to Section 18.60.080. (Ord. 5920 § 1 (part); June 8, 2004.) SECTION 35. That Section 18.60.120 (NOTICE OF APPROVAL OR DENIAL) of Chapter 18.60 (Procedures) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.60.120 NOTICE OF APPROVAL OR DENIAL Not later than ten (10) days after approval, conditional approval, or denial of a permit application or an appeal, the Planning Department shall prepare and mail to the applicant and property owner a formal written notice of the action. The notice shall contain a statement of conditions applied to the permit, if applicable. The decision shall not become final until the specified appeal period has elapsed without an appeal having been filed. For permits that require an action by the Planning Commission, Planning Department staff will prepare a summary of the Planning Commission’s actions and make the summary available at the Planning Department, and on the City’s website, within 24 hours of the conclusion of the meeting. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 26; September 22, 2009.) SECTION 36. That Subsection .030 of Section 18.60.190 (AMENDMENT OF PERMIT APPROVAL) of Chapter 18.60 (Procedures) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:   45  18.60.190 AMENDMENT OF PERMIT APPROVAL .030 Major Amendments. Major amendments are subject to a new public hearing and are processed in the same manner as a new permit and subject to a new public hearing, unless such permit is subject to the Planning Director review pursuant to this chapter. An amendment shall be considered major if it does not meet any one or more circumstances in subsection .020 above. The review authority may approve in whole or in part, conditionally approve, or deny the amendment. SECTION 37. That Section 18.60.220 (DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY) of Chapter 18.60 (Procedures) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.60.220 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY. The Planning Commission shall have the authority to make determinations of public convenience or necessity on behalf of the City pursuant to Section 23958.4 of the California Business and Professions Code relating to the sale of alcoholic beverages, including beer and wine, or the section that may be subsequently adopted to replace said Section 23958.4. The Planning Director shall have the authority to make determinations of public convenience or necessity on behalf of the City for uses classified as “Alcoholic Beverage Manufacturing,” “Alcoholic Beverage Sales-On-sale” that is accessory to a primary restaurant use and “Alcoholic Beverages – Off-sale” as an accessory use incidental to and integrated within a hotel or motel within the Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zone, the Anaheim Resort Specific Plan No. 92-1 (SP 92-2) Zone, and the Hotel Circle Specific Plan No. 93-1 (SP 93-1) Zone, unless such an application is made in conjunction with an application for a conditional use permit and/or variance under Section 18.38.025, which will require Planning Commission action. In such event, the application for a conditional use permit and/or variance (as the case may be) and a determination of public convenience or necessity shall be made to the Planning Commission to be processed in accordance with Chapter 18.60 (Procedures). (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6296 § 12; March 4, 2014: Ord. 6382 § 12; October 18, 2016.) SECTION 38. That Chapter 18.66 (Conditional Use Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Chapter 18.66 CONDITIONAL USE PERMIMIRTS 18.66.010 PURPOSE. The purpose of this chapter is to provide a process to accommodate certain uses which, because of their characteristics, size of the area required for full development of such   46  uses, traffic problems incidental to their operation, or potential effects of such uses on adjoining land uses and on the growth and development of the area, and to ensure compatibility with the General Plan, need to be reviewed in accordance with the provisions in this chapter. (Ord. 5920 § 1 (part); June 8, 2004.) 18.66.020 APPLICABILITY. The provisions of this chapter apply whenever a minor conditional use permit or a conditional use permit is required by the regulations applicable to the underlying zoning. A minor conditional use permit or a conditional use permit shall not be granted for a use that is prohibited by the regulations applicable to the parcel, except as otherwise set forth in this chapter. (Ord. 5920 § 1 (part); June 8, 2004.) 18.66.030 INITIATION. An application for a conditional use permit may be initiated as set forth in this section. .010 Petition. A minor conditional use permit or a conditional use permit may be initiated by the verified petition of one or more owners of property affected by the proposed minor conditional use permit or conditional use permit, which petition shall be filed with the Planning Department and shall be accompanied by a fee as prescribed in Chapter 18.80 (Fees), no part of which shall be returnable to the petitioner except as set forth in Section 18.60.070 (Withdrawal of Application). .020 City Council. A minor conditional use permit or a conditional use permit may be initiated by motion of the City Council. .030 Planning Commission. A minor conditional use permit or a conditional use permit may be initiated by motion of the Planning Commission. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6031 § 58; August 22, 2006.) 18.66.040 APPROVAL AUTHORITY. .010 Planning Commission. The Planning Commission is the approval authority for conditional use permits. .015 Planning Director. The Planning Director is the approval authority for minor conditional use permits. .020 Unlisted Uses Permitted. The City Council has determined that, because it is impossible to anticipate all potential future uses, the following provisions are enacted. .0201 If a use is not authorized or mentioned in any zone throughout the City, and the Planning Director has determined that the use does not fit into an existing use class as provided in subsection .020 (Inclusion of Specific Uses) of Section 18.36.020   47  (Classification of Uses), the use or type of development may be authorized by conditional use permit until such time as this Code is amended. .0202 If a use not expressly authorized or permitted in a particular zone (but which is authorized in another zone) which the Planning Director finds to be similar to, and compatible with, the uses permitted or conditionally permitted in the particular zone, it shall be deemed a use which may be conditionally permitted in the particular zone. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 42; September 22, 2009: Ord. 6169 § 8; April 27, 2010.) 18.66.050 CONDITIONS. In approving minor conditional use permits and conditional use permits, the approval authority may establish such conditions as it may determine to be reasonably necessary to safeguard and protect the public health and safety, promote the general welfare, and ensure the development of any use authorized in accordance with approved plans, provided such conditions are reasonably related to the impacts of the use of the property for which the minor conditional use permit or conditional use permit is requested. (Ord. 5920 § 1 (part); June 8, 2004.) 18.66.060 FINDINGS. Before the approval authority, or Planning Commission and/or City Council on appeal, may approve a minor conditional use permit or a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions exist: .010 That the proposed use is properly one for which a minor conditional use permit or a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); .020 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; .030 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; .040 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 .050 That the granting of the minor conditional use permit or 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. (Ord. 5920 § 1 (part); June 8, 2004.) 18.66.070 PROCEDURES.   48  The procedures for processing a minor conditional use permit and a conditional use permit are those set forth in Chapter 18.60 (Procedures). (Ord. 5920 § 1 (part); June 8, 2004.) SECTION 39. That Subsection .150 of Section 18.114.030 (DEFINITIONS) of Chapter 18.114 (Disneyland Resort Specific Plan No.92-1 (SP92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.114.030 DEFINITIONS. .150 "V" Words, Terms and Phrases. .1501 Vacation Ownership Resort. A timeshare facility in which a person or entity receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, space, or portion of real property for a period of time which has been or will be allocated from the use or occupancy periods into which the facility has been divided. A vacation ownership resort interest may be coupled with an estate in real property, or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. .1502 Valet Parking. A parking service provided to accommodate users of an establishment, which service is incidental to the establishment and by which an attendant on behalf of the establishment takes temporary custody of the users’ vehicles and moves, parks, stores or retrieves the vehicle. SECTION 40. That new Subsection .025 be added to Section 18.114.050 (LAND USE AND SITE DEVELOPMENT STANDARDS - GENERAL) of Chapter 18.114 (Disneyland Resort Specific Plan No.92-1 (SP92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code to read in full as follows: 18.114.050 LAND USE AND SITE DEVELOPMENT STANDARDS – GENERAL .025 Valet parking. Valet parking as an accessory use to a primary use shall be permitted by right. SECTION 41. That Subsection .100 of Section 18.116.030 (DEFINITIONS) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.116.030 DEFINITIONS. .150 "V" Words, Terms and Phrases.   49  “Vacation Ownership Resort.” A timeshare facility in which a person or entity receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, space, or portion of real property for a period of time which has been or will be allocated from the use or occupancy periods into which the facility has been divided. A vacation ownership resort interest may be coupled with an estate in real property, or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6031 § 64 (part); August 22, 2006: Ord. 6265 §§ 4 - 8; January 15, 2013: Ord. 6382 § 22; October 18, 2016.) “Valet Parking.” A parking service provided to accommodate users of an establishment, which service is incidental to the establishment and by which an attendant on behalf of the establishment takes temporary custody of the users’ vehicles and moves, parks, stores or retrieves the vehicle. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6031 § 64 (part); August 22, 2006: Ord. 6265 §§ 4 - 8; January 15, 2013: Ord. 6382 § 22; October 18, 2016.) SECTION 42. That Subsections .030 and .040 of Section 18.116.070 (COMMERCIAL RECREATION (C-R) DISTRICT (DEVELOPMENT AREA 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.116.070. COMMERCIAL RECREATION (C-R) DISTRICT (DEVELOPMENT AREA 1). .030 Conditionally Permitted Uses. Due to the uniqueness of The Anaheim Resort as a tourist and visitor center and the associated concerns of the circulation and traffic system and other infrastructure impacts and land use compatibility, certain buildings, structures and uses shall be permitted provided a minor conditional use permit or a conditional use permit is approved therefore pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits). .040 The allowable uses in Tables 116-C, 116-D, 116-E, and 116-F are established by letter designations as follows: .0401 “P” designates classes of uses permitted by right; .0402 “C” designates classes of uses permitted by a conditional use permit; and, .0403 “N” designates classes of uses that are prohibited;“M” designates classes of uses permitted by a minor conditional use permit; and .0404 “N” designates classes of uses that are prohibited.   50  SECTION 43. That Table 116-D (Accessory Uses and Structures Integrated with a Permitted Primary Use: C-R District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 116-D ACCESSORY USES AND STRUCTURES INTEGRATED WITH A PERMITTED PRIMARY USE : C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit M Minor Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Administrative, service, storage and maintenance areas and loading docks P Those uses necessary to support the operation of a primary use. Shall be positioned to prevent disruption of the traffic flow by service vehicles to and from the site. Shall be located entirely on-site, including space for truck maneuvers; off-site vehicle loading is prohibited. Shall be located on interior, side, or rear yards, concealed from public view. Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Agricultural Workers Quarters N Amusement Devices P Antennas – Dish P Subject to Section 18.38.050 Antennas – Receiving P Subject to Section 18.38.050 Automated Teller Machines (ATMs) P Subject to Section 18.36.040 Automotive – Rental P Subject to a maximum of three (3) parking spaces for on- site parking of vehicles available for rental in reserved parking spaces in a location not visible from the public right-of-way. Said spaces shall be in addition to those required by Chapter 18.42 (Parking and Loading) Bingo Establishments N Entertainment – Accessory P Subject to Section 18.16.060 Fences and walls P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Landscaping & Gardens P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Mechanical and Utility Equipment – Ground Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1))   51  Mechanical and Utility Equipment – Roof-Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C-R) District (Development Area 1)) Mural P/C A conditional use permit is required if visible from the public right-of-way. Outdoor Displays N Outdoor Storage N Office uses P Only those accessory to and integrated as part of, an on- site permitted primary or conditional use. Parking Lots & Garages P To provide off-street parking spaces as required by this Code, to serve the on-site uses permitted under this chapter. Petroleum Storage – Incidental N Portable Food Carts N Recycling Services – Consumer N Retail Floor, Wall & Window Coverings N Retail Sales – Kiosk C May be permitted as part of a conditional use permit for a specialty retail center Solar energy panels P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting) Signs P Subject to Section 18.116.160 (Signs) Thematic Elements P Subject to Section 18.116.160 (Signs) Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks. Valet Parking M Warehousing & Storage – Outdoors N SECTION 44. That Table 116-E (Accessory Uses Incidental to and Integrated Within a Hotel or Motel Including Suite-Type Hotels, and Otherwise Limited Herein: C-R District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 116-E Accessory Uses Incidental to and Integrated Within a Hotel or Motel Including Suite-Type Hotels, and Otherwise Limited Herein: C-R District (Development Area 1) P Permitted by Right C Conditional Use Permit M Minor Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Alcoholic Beverages – Off-Sale P Alcoholic Beverages – On-Sale P   52  Amusement Devices P No public access directly from the exterior of the building. Subject to Section 18.16.050 (Amusement Devices). Antennas – Dish P Subject to Section 18.38.050 Antennas - Receiving P Subject to Section 18.38.050 Automobile – Rental P With a maximum of three (3) parking spaces for on-site parking of vehicles available for rental in reserved parking spaces in a location not visible from the public right-of-way. Said spaces should be in addition to those required by Chapter 18.42 (Parking and Loading) and subject to 18.116.140 (Off-Street Parking and Loading Requirements). Automated Teller Machines (ATMs) P Shall be located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Subject to Section 18.36.040. Banquet/Meeting Room P Bingo Establishments N Breakfast Rooms P As defined in subsection 18.116.030.015. Business & Financial Services P Including automated teller machines located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Caretaker Unit P One unit Limited to less than one thousand two-hundred twenty- five (1,225) gross square feet in size Must comply with the parking standards for dwellings under Chapter 18.06 (Multiple Family Residential Zones). Concierge Lounge P Limited strictly to the use of the guests and/or employees of the hotel or motel in which it is located Day Care Centers P Limited strictly to the use of the guests and/or employees of such hotel or motel Animal Boarding P Limited strictly to the pets of guests and patrons of such hotel or motel, provided such kennels shall not be located closer than forty (40) feet from hotel/motel guest rooms or residentially zoned property. Entertainment – Accessory P Subject to Section 18.16.060 Dance and Fitness Studios – Small P Limited strictly to the use of the guests and/or employees of such hotel or motel Fences and walls P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C- R) District (Development Area 1)) Landscaping & Gardens P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C- R) District (Development Area 1)) Mechanical and Utility Equipment – Ground Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C- R) District (Development Area 1))   53  Mechanical and Utility Equipment – Roof- Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting – Commercial Recreation (C- R) District (Development Area 1)) Murals P/C A conditional use permit is required if visible from the public right-of-way. Outdoor Displays N Outdoor Storage N Parking Lots & Garages P To provide off-street parking spaces, as required by this Code, to serve the on-site uses permitted under this chapter. Petroleum Storage – Incidental N Personal Services – General P Portable Food Carts C In conjunction with a hotel and subject to the following: (a) The design of the cart shall be compatible with the architectural design and/or theme of the hotel. (b) The cart shall not be permitted to encroach into any required setback areas. (c) One (1) non-illuminated business identification sign, not exceeding four (4) square feet in area with a maximum letter and/or logo height of 10-inches, may be displayed on or below the valance of the roof canopy. (d) One (1) menu pricing sign, not to exceed 12-inches in width by 18-inches in height, may be displayed on the cart below the roof canopy. (e) One (1) trash receptacle shall be provided adjacent to the cart. The trash receptacle shall be decorative and designed to complement the design of the cart. The trash receptacle and the area around the cart shall be permanently maintained and kept clean by the cart operator. (f) The precise size, number and location of carts shall be determined by conditional use permit, provided that the cart(s) shall not be visible from the public right-of- way. (g) All equipment, products and/or supplies shall be stored wholly on or inside the cart at all times. (h) When not in use, all carts shall be stored in an on- site commissary approved by the Orange County Health Department and specifically shown on plans submitted in connection with a conditional use permit. Such commissary shall be fully enclosed and shall not be visible from any public right-of-way or adjacent properties. (i) The cart operator shall obtain all applicable State and/or local licenses and/or permits and shall prominently display such current and valid licenses and/or permits on the cart at all times. Recreation Buildings and Structures P Limited strictly to the use of the guests and/or employees of such hotel or motel. Restaurants – Drive-Through N Restaurants – General P Enclosed or with outdoor dining   54  Retail Floor, Wall & Window Coverings N Retail Sales – General P Retail Sales – Kiosk P Retail Sales – Outdoor N Retail Sales – Used Merchandise N Signs P Subject to Section 18.116.160 (Signs) Thematic Elements P Subject to Section 18.116.160 (Signs) Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks. Valet Parking M Warehousing & Storage – Outdoors N SECTION 45. That Subsection .140 of Section 18.118.30 (DEFINITIONS) of Chapter 18.118 (Hotel Circle Specific Plan No.93-1 (SP93-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.118.030 DEFINITIONS .140 “V” Words Terms and Phrases .1401 “Vacation Ownership Resort.” A timeshare facility in which a person or entity receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, space, or portion of real property for a period of time, which has been or will be allocated from the use or occupancy periods into which the facility has been divided. A “Vacation Ownership Resort” interest may be coupled with an estate in real property, or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in real property. .1402 “Valet Parking.” A parking service provided to accommodate users of an establishment, which service is incidental to the establishment and by which an attendant on behalf of the establishment takes temporary custody of the users’ vehicles and moves, parks, stores or retrieves the vehicle. SECTION 46. That new Subsection .030 be added to Section 18.118.070 (PERMITTED ACCESSORY USES AND STRUCTURES) of Chapter 18.118 (Hotel Circle Specific Plan No.93- 1 (SP93-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code to read in full as follows: 18.118.070 PERMITTED ACCESSORY USES AND STRUCTURES   .030 Valet parking that is integrated with a permitted primary use or a conditionally permitted primary use is allowed, provided a minor conditional use permit is approved pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits).   55  SECTION 47. That Subsection .040 of Section 18.120.040 (USES) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.120.040 USES .040 Use Tables. The allowable uses in Tables 120-A, 120-B, 120-C and 120-D for each development area are established by letter designations as follows: .0401 “P” designates classes of uses permitted by right; .0402 “C” designates classes of uses permitted with a conditional use permit; .0403 “N” designates classes of uses that are prohibited; and “M” designates classes of uses permitted with a minor conditional use permit; .0404 “T” designates classes of uses permitted with a telecommunications antenna review permit.; and .0405 “N” designates classes of uses that are prohibited. SECTION 48. That Table 120-B (Primary Uses by Development Area: Non-Residential Use Classes) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 120-B PRIMARY USES BY DEVELOPMENT AREA: NON-RESIDENTIAL USE CLASSES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Agricultural Crops P P N P P P Alcoholic Beverage Manufacturing P/C P/C P/C P/C P/C C Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale N N P/C P/C P/C N Permitted without a conditional use permit in DA 3, DA 4 and DA 5 if use is in conjunction with Markets– Large Alcoholic Beverage Sales–On-Sale P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit when in conjunction with Restaurants-Full-Service, Restaurants-General and Restaurants-Outdoor Dining   56  Ambulance Services P P N N C C Animal Boarding P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit when conducted entirely indoors subject to Section 18.38.270 Animal Grooming P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit when conducted entirely indoors subject to Section 18.38.270 Antennas– Broadcasting P/C P/C P/C P/C P/C P/C Permitted without a conditional use permit if designed similar to stealth telecommunications facility, as defined in Section 18.38.060.030.0312 Antennas–Private Transmitting T T T T T T Antennas– Telecommunications – Stealth Building- Mounted T T T T T T Subject to Sections 18.38.060 & 18.62.020 Antennas – Telecommunications- Stealth Ground- Mounted T T T T T T Subject to Section 18.36.060 Antennas – Telecommunications- Ground-Mounted (Non-Stealth) N N N N N N Automated Teller Machines (ATM’s) P P P P P P Subject to Section 18.36.040 Automotive–Vehicle Sales, Lease & Rental C C C N C N Subject to Section 18.38.200 Automotive–Sales Agency Office (Retail) C C C C C N Subject to Section 18.38.065 Automotive–Sales Agency Office (Wholesale) P/M/ C P/M/ C P/M/ C P/M/ C P/M/ C P/M/ C Subject to Section 18.16.055 and Section 18.38.065. Minor conditional use permit required for on-site storage, display or parking of one or two vehicles being held as inventory. Conditional use permit required for on-site storage, display or parking of any three or more vehicles being held as inventory Automotive– Impound Yards C C N N N N Subject to Section 18.38.200 Automotive–Public Parking P P P P P P   57  Automotive–Parts Sales P/C P/C N P/C P/C N Permitted without a conditional use permit when conducted entirely indoors Automotive–Repair and Modification: Major C C N C C N Automotive-Repair and Modification: Minor M M N M M N Automotive–Service Stations P P C P P N Subject to Section 18.38.070; In DA-3, must be adjacent on to both La Palma and Tustin Avenues Automotive– Washing C C C C C C Banquet Halls C C C C C C Bars & Nightclubs N N C C C N Bed & Breakfasts Inns N N C C C N Subject to Section 18.38.080 Beekeeping C C N N N C Billboards N N N N N N Boat & RV Sales C C N N C N Subject to Section 18.38.200 Building Material Sales C C N N C N No more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to Sections 18.38.190 and 18.38.200 Business & Financial Services P P P P P N Cemeteries N N N N N N Commercial Retail Centers N N P/C P/C P/C N Subject to Section 18.38.115; otherwise, a conditional use permit is required. Community & Religious Assembly N N C C C N Permitted in DA-1 pursuant to Conditional Use Permit No. 2016- 05874. Computer Internet & Amusement Facilities N N N N N N Convalescent & Rest Homes N N C CN CN N Convenience Stores N N P P P N Subject to Section 18.38.110; otherwise, a conditional use permit is required. Dance & Fitness Studios–Large N N P P P N Dance & Fitness Studios–Small N N P P P N Day Care Centers P/C P/C P/C P P N Permitted without a conditional use permit in DA-1, DA-2 and DA-3 if   58  integrated within a multi- tenant office building as an accessory use to serve office tenants. Drive-Through Facilities N N P/C P/C P/C N Permitted without a conditional use permit as an accessory use if in conjunction with Business and Financial Services as the primary use Educational Institutions–Business P P P P P N Educational Institutions–General N N C C C N Educational Institutions–Tutoring N N P P P N Subject to Section 18.36.040.050 Emergency Shelters (50 or fewer occupants) P P N N N N Subject to Section 18.38.125 Emergency Shelters (more than 50 occupants) C C N N N N Subject to Section 18.38.125 Entertainment Venue N N C C C N Equipment Rental– Large P/C P/C N P/C P/C N Permitted without a conditional use permit if use is conducted wholly indoors including storage and display of equipment Equipment Rental– Small P/C P/C P/C P/C P/C N Permitted without a conditional use permit if use is conducted wholly indoors including storage and display of equipment Golf Courses & Country Clubs N N N N N C Group Care Facilities N N C CN CN N Subject to Section 18.36.040.070 Helipads & Heliports P/C P N N C N Requires a conditional use permit in DA-1 if the use is located within 1,000 feet from a residentially- zoned parcel Hospitals C C N N C N Hotels & Motels N N C N C N Industry P P N N N C Industry–Heavy P P N N N C Junkyards C C N N N N Subject to Section 18.38.200 Markets–Large N N P P P N Markets–Small N N P/C P/C P/C N Subject to Section 18.38.155; otherwise, a conditional use permit is required Medical & Dental Offices MC MC P P P N Mortuaries C C N N N N   59  Offices– Development P P P P P N Offices–General P P P P P N Oil Production C C N N N N Subject to Section 18.38.180 Outdoor Storage Yards P/C P/C N N N N Permitted without a conditional use permit if all storage is screened from view; subject to Section 18.38.200 Personal Services– General N N P/C P/C P/C N Laundromats are subject to Section 18.38.150; otherwise, a conditional use permit is required. Massage subject to Section 18.16.070 Personal Services– Restricted N N C C C N Plant Nurseries P/C P/C N P/C P/C P/C Subject to Sections 18.38.190, 18.38.200 and 18.38.205; otherwise, a conditional use permit is required. Public Services P P C C C N Recreation–Billiards N N P/C P/C P/C N Subject to Section 18.38.085; otherwise, a conditional use permit is required. Recreation– Commercial Indoor N N C P P N Amusement arcades are allowed only in conjunction with a hotel, motel, or a bowling alley Recreation– Commercial Outdoor N N C C C C Recreation–Low- Impact P P P P P P Recreation– Swimming & Tennis N N P/C P/C P/C P/C Permitted without a conditional use permit if use is conducted wholly indoors Recycling Services– General C P N N N C Subject to Chapter 18.48 Recycling Services– Processing P/C P N N N P/C Subject to Chapter 18.48. Small processing facilities under 4,000 s.f. that conduct all work inside are allowed in DA-1 and DA-6 without a conditional use permit Repair Services– General P P P P P N Repair Services– Limited P P P P P N Research & Development P P P P P CP Restaurants–Full Service N N P P P N   60  Restaurants–General C C P P P C Permitted without a conditional use permit when a part of an industrial or office complex of 5 or more units Restaurants–Outdoor Dining C C P P P C Subject to Section 18.38.220 Retail Sales–General C/N C/N P P P N Permitted by conditional use permit in DA-1 & DA-2 only if the retail is industrially-related or household furniture occupying a minimum of 50,000 square feet of building floor area. Retail Sales–Kiosks N N MC MC MC C Retail Sales–Outdoor N N C C C C Subject to Sections 18.38.190 and 18.38.200 Retail Sales–Used Merchandise N N P P P N Room & Board N N C N N N Self-Storage C C N N N N Subject to Council Policy No. 7.2 Sex-Oriented Businesses P P N N N N Subject to Chapter 18.54 Smoking Lounge N N P/C P/C P/C N Subject to Section 18.16.080; otherwise, conditional use permit is required. Studios–Broadcasting P/C P/C P/C P/C P/C N Permitted without a conditional use permit if there is no live audience. Studios–Recording P/C P/C P/C P/C P/C N Permitted without a conditional use permit if there is no live audience. Towing Services P P N N N N Transit Facilities C C P C C N Truck Repair & Sales P P N N C N Subject to Section 18.38.200 Utilities–Major C C C C C C Utilities–Minor P P P P P P Payphones must be located on the interior of a building or attached to the exterior within 10 feet of the main building's entrance Veterinary Services P/C P/C P/C P/C P/C P/C Subject to 18.38.270; otherwise, a conditional use permit is required. Warehousing & Storage-Enclosed P P N N P C Wholesaling P P N N P C Wine Bars N N C C C N SECTION 49. That Table 120-C (Primary Uses by Development Area: Non-Residential Use Classes) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:   61  Table 120-C ACCESSORY USE CLASSES BY DEVELOPMENT AREA P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Accessory Dwelling Unit N N N N N N Accessory Living Quarters N N N N N N Agricultural Workers Quarters N N N N N N Accessory Entertainment N N P P P N Subject to Section 18.16.060 in conjunction with a commercial use Amusement Devices N N P P P N Subject to Section 18.16.050 Animal Keeping N N P N N P Subject to Section 18.38.030 Antennas–Dish P P P P P P Subject to Section 18.38.050 Antennas–Receiving P P P P P P Subject to Section 18.38.050 Automated Teller Machines (ATM's) P P P P P N Subject to Section 18.36.050.035 Bingo Establishments N N P P P N Subject to Chapter 7.34 Caretaker Units P P P P P P Subject to Section 18.38.090 Day Care–Large Family N N C N N N Day Care–Small Family N N C N N N Fences & Walls P P P P P P Subject to Section 18.40.050; this use may occur on a lot without a primary use Greenhouses– Private N N N N N N Home Occupations N N P N N N Subject to Section 18.38.130 Landscaping & Gardens P P P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment– Ground Mounted P P P P P P Subject to Section 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P P P Subject to Section 18.38.170 Outdoor Displays C C C C P C Subject to Section 18.38.190 Outdoor Storage P P N N P C Subject to Section 18.38.200   62  Parking Lots & Garages P P P P P P Petroleum Storage– Incidental P P P P P N Shall comply with the Uniform Fire Code Portable Food Carts N N C C C N Subject to Section 18.38.210 Recreation Buildings & Structures N N P N N C Recycling Services– Consumer P P P P P N Subject to Chapter 18.48 Retail Floor, Wall & Window Coverings P P P P P N Subject to Section 18.38.250 Signs P P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P P Thematic Elements P P P P P P Valet Parking C C M M M C Vending Machines P P P P P P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks Warehousing & Storage-Outdoors P P N P P N Subject to Section 18.38.200 SECTION 50. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 51. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 52. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.   63  /// /// /// /// THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2018, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2018, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: _________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM ATTACHMENT NO. 2    1 ZONING CODE AMENDMENT NO. 2017-00146 SUMMARY As a part of this code amendment, new provisions and updates are proposed throughout the Zoning Code to provide regulatory relief and streamline the approval process of certain low impact land uses by creating a Minor Conditional Use Permit (“Minor CUP”) category. The following is a summary of the major changes proposed in the ordinance. 1. The existing Conditional Use Permits and Procedures chapters are proposed to be amended to establish a Minor CUP process. In summary, it is proposed that Minor CUP applications be reviewed at staff level without a public hearing, where the Planning Director is designated as the decision making body for such applications. However, it is proposed that a public notice be required prior to any decision is made to allow for public input. The Planning Director has an authority to refer any Minor CUP applications for the Planning Commission review and approval. 2. The following 10 existing land uses are changed to be permitted with a Minor CUP instead of a CUP: a. Alcoholic Beverages Sales – On-Sale, only if accessory to a primary restaurant use (in Commercial, Industrial, Public Recreational, Semi-Public and applicable Overlay Zones) b. Automotive – Public Parking (in Commercial, Industrial, Semi-Public and applicable Overlay Zones) c. Automotive – Repair & Modification: Minor (in Commercial, Industrial, and applicable Overlay Zones and Specific Plans) d. Automotive – Sales Agency Office (Wholesale), only if on-site storage, display or parking of inventory is limited to two vehicles (in Commercial, Industrial, and applicable Overlay Zones and Specific Plans) e. Dance/Fitness Studios – Small (in Industrial, Public Recreational, Semi-Public and applicable Overlay Zones) f. Educational Institution – Business (in Commercial, Industrial, and applicable Overlay Zones and Specific Plans) g. Medical & Dental Offices (in Industrial Zones and applicable Specific Plans) h. Offices – General (in Industrial Zones) i. Retail Sales – Kiosks (in Commercial, Public Recreational, Semi-Public and applicable Overlay Zones and Specific Plans) j. Senior Second Units (in Single-family Residential Zones) 3. The following two existing land uses are changed to be permitted by right instead of a CUP: a. Research and Development (in Commercial and applicable Overlay Zones and Specific Plans) b. Restaurants – Outdoor Dining, with alcohol consumption and regardless of distance from residential use (in Commercial Zones) 4. The following existing land use that is currently prohibited is proposed to be permitted by right: a. Community & Religious Assembly (in Public Recreational Zone) 5. The following six existing land uses that are currently prohibited are proposed to be permitted with a CUP: a. Dance and Fitness Studios-Large (in Public Recreational and Semi-Public Zones) ATTACHMENT NO. 2    2 b. Medical and Dental Offices (in Public Recreational, Semi-Public, and Transition Zones) c. Offices (in Public Recreational, Semi-Public, and Transition Zones) d. Retail Kiosks (in Public Recreational and Semi-Public Zones) e. Convalescent and Rest Homes (in the Neighborhood Center Commercial and Regional Commercial Zones and Development Areas 4 and 5 of the Anaheim Canyon Specific Plan; the use currently requires a CUP in the General Commercial Zone and Development Area 3 of the Anaheim Canyon Specific Zone) f. Group Care Facilities (in Development Areas 4 and 5 of the Anaheim Canyon Specific Plan; the use currently requires a CUP Development Area 3 of the Anaheim Canyon Specific Zone) 6. The existing land use definition for “Automotive – Repair & Modification” is modified into two separate categories with new definitions as follows: a. “Automotive – Repair & Modification: Major.” This land use will include facilities that are engaged primarily in substantial repair of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles, such as major body or paint work, major transmission and engine repair/rebuilding, vehicle restorations, upholstering, frame work, welding, and other similar services as determined by the Planning Director. This use excludes facilities that are used for the towing of vehicles, sale, repair, and storage of trucks or other related equipment, or temporary storage of vehicles that have been involved in accidents. b. “Automotive – Repair & Modification: Minor.” This land use will include facilities that conduct routine and incidental repair services of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles that are less extensive. Typical services include smog check, quick- service oil, tune-up, brake and wheel service, accessory and tire installation and service, engine adjustments, electrical work, front-end alignment, stereo installation, and window tinting, where all repair services are conducted in enclosed bays, no vehicles are stored overnight, and there are no outdoor storage of any materials, parts, and equipment. This use excludes facilities that are used for the towing of vehicles, sale, repair, and storage of trucks or other related equipment, or temporary storage of vehicles that have been involved in accidents. 7. The existing land use definitions for “Transit Facility” and “Warehousing & Storage” is modified to address a recent public inquiry regarding a warehousing facility that is primarily used for product distribution. With the change, such facility is to be considered as part of “Warehousing & Storage” land use, as long as the products, goods, and materials to be moved/transferred are stored entirely within a building. 8. A new accessory land use definition is introduced for “Valet Parking.” This use means a parking service provided to accommodate users of an establishment, which service is incidental to the establishment and by which an attendant on behalf of the establishment takes temporary custody of the users’ vehicles and moves, parks, stores or retrieves the vehicle. This land use is proposed to be allowed with a Minor CUP in most zones where such service is commonly seen, including all commercial zones, multi-family residential zones, applicable overlay and public/special purpose zones, and some specific plan areas. In Industrial Zone and some areas within the Anaheim Canyon Specific Plan, this land use is proposed to be permitted with a CUP. Additionally, this use will be permitted by right in Disneyland Resort Specific Plan due to its unique nature. 9. A new non-residential primary use class is introduced for “Automotive-Vehicle Storage.” This type of use consists of properties used for the temporary off-site storage of inventory for the type of use “Automotive- Vehicle Sales, Lease & Rental,” such as automobile dealerships. The vehicle storage is limited to dealerships that operate in the City of Anaheim. The Code amendment would permit the use by Minor CUP ATTACHMENT NO. 2    3 or CUP in all commercial and industrial zones and within the Transition Zone on properties designated by the General Plan for commercial and industrial land use. The Code amendment would permit the use for up to one year by a minor conditional use permit, with optional one-year extensions to permit the use for up to five years. A conditional use permit would be required to permit the use for over five years. 10. The Code amendment would give the Planning and Building Director the authority to approve Public Convenience or Necessity (PCN) applications that are associated with a Minor CUP, administrative permit, or that the Code permits by right. The Planning and Building Director currently has this authority for PCNs associated with Alcoholic Beverages Manufacturing facilities that the Zoning Code permits by right and Alcoholic Beverages Sale-Off-Sale in some specific plan areas. For PCN applications that include an entitlement request that requires Planning Commission approval, the Planning Commission will continue to have authority over the PCN determination. City of Anaheim Planning and Building Department       Date, 2018    NOTICE OF APPLICATION  Minor Conditional Use Permit No. XXXX‐XXXXX  Review of Proposed (Project Description) at (project address)      The Planning and Building Department has received a Minor Conditional Use Permit No. XXXX‐XXXXX.   Planning staff is in the process of evaluating the proposal for compliance with City development  standards.  This notice is to notify you of this project your property is in the immediate area of the  subject parcel.  The details of the proposed project is below:    WHAT IS THE PROJECT? Minor Conditional Use Permit No. XXXX‐XXXXX:  Request to allow (project description).   WHERE WOULD THE  PROJECT BE LOCATED?  This XX‐acre property is located at (address), at the intersection of XXX Road  and XXX Avenue.    HAS THE CITY STUDIED  THE POSSIBLE EFFECTS  THIS PROJECT MAY  HAVE ON THE  ENVIRONMENT?  Yes, this project was reviewed using the standards contained in the  CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The California  Environmental Quality Act exempts this project from environmental review.   [(CEQA) Guidelines – (applicable exemption class).  HOW CAN I LEARN  MORE ABOUT THIS  PROJECT?  The application and project plans are on file with the Anaheim Planning and  Building Department, at Anaheim City Hall, located at 200 S. Anaheim Blvd.,  and are available for review during business hours. You are also welcome to  contact the project planner (name of the planner) at (714)765‐xxxx or (email of address of the planner).   CAN I COMMENT ON  THE PROJECT?  Yes. If you have any comments regarding this application, please submit your  comments by 4:30 p.m., (10 calendar days from the date of the notice).  Comments may be mailed to (name of the planner) at City Hall or e‐mailed to  (email of address of the planner). All written comments received will be  provided to the Planning Director.  WHAT IS THE NEXT  STEP?  Sometime after (10 calendar days from the date of the notice), the Planning  Director will make a formal decision on this project, after carefully considering  the application and the received comments, if any.  If you would like to receive  a notice when the decision is made, please submit your request to the project  planner by mail or email.  IS THE PLANNING  DIRETOR’S DECISION  FINAL?  Yes, unless an appeal is filed within 10 calendar days from the date of the  Planning Director decision. If an appeal is filed, the matter will be re‐ considered by the Planning Commission at a separately noticed public hearing.  ATTACHMENT NO. 3 200 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.