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PC 2019/04/29 City of Anaheim Planning Commission Agenda Monday, April 29, 2019 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairperson: Michelle Lieberman • Chairperson Pro-Tempore: Kimberly Keys • Commissioners: John Armstrong, Natalie Meeks, Rosa Mulleady, Dave Vadodaria, 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, April 25, 2019, 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 04-29-2019 Page 2 of 4 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. 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. 04-29-2019 Page 3 of 4 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2019-06000 (DEV2019-00009) Location: 327 North Anaheim Boulevard Request: To permit the construction of new spray booth building in conjunction with an existing automotive body repair business (Fix Auto). 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 15303, Class 3 (New Construction or Conversion of Small Structures). Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2018-05965 (DEV2018-00038) Location: 201 East Center Street Request: To permit the conversion of existing short- term rental units and office space within an existing mixed use building into a hotel with full kitchen facilities (Kraemer 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: Joanne Hwang jhwang@anaheim.net Adjourn to Monday, May 13, 2019 at 5:00 p.m. 04-29-2019 Page 4 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1:30 p.m. April 24, 2019 (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: APRIL 29, 2019 SUBJECT: CONDITIONAL USE PERMIT NO. 2019-06000 LOCATION: 327 North Anaheim Boulevard (Fix Auto) APPLICANT/PROPERTY OWNER: The applicant and property owner is Colony Asset Management, LP, represented by William Taormina. The agent representing the applicant is Amy Vazquez with Sagecrest Planning. REQUEST: The applicant requests a conditional use permit to construct a new 972 square foot spray booth building in conjunction with an existing automotive body repair business. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (CEQA) under Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines, and approving Conditional Use Permit No. 2019-06000. BACKGROUND: The 0.5-acre property is developed with two businesses: an auto body/paint shop and car sales business. The property is located in the “C-G” General Commercial zone and the General Plan designates the property for Mixed Use land uses. Surrounding land uses include a banquet hall across Adele Street to the north, an electronics shop and smog center to the south, apartments to the west, and an auto body shop and commercial uses across Anaheim Boulevard to the east. According to the applicant, the auto body business has been in operation at this location for over 50 years and the car sales business for over 60 years. The existing uses and structure are considered legal nonconforming because the uses were once allowed by right under the property’s previous zoning designation and a conditional use permit was never obtained for these uses. The existing structure is nonconforming due to a zero structural and landscape setback along Adele Street, whereas the Code currently requires a 10-foot structural and landscape setback. The nonconforming setback is legal because the building was constructed prior to the adoption of this setback requirement. CONDITIONAL USE PERMIT NO. 2019-06000 April 29, 2019 Page 2 of 5 PROPOSAL: The applicant proposes to retain the existing 4,575 square foot auto repair building in its current state and construct a separate 972 square foot paint booth building on the east side of the property adjacent to Anaheim Boulevard. The new paint booth location will comply with National Fire Protection Association (NFPA) Rule 17 requiring separation between paint booths and residential uses. The placement of the new building involves the reconfiguration of the existing parking lot to accommodate the required number of parking spaces for the uses. There would be no change to the existing auto body shop building nor to the location of the three existing driveways. The legal nonforming building along Adele Street will remain at a zero setback as described above. SITE PLAN This property is located within a “Special Setback” area in the City where no landscaped setback is required along Anaheim Boulevard. The applicant proposes 12 feet of landscaping adjacent to Anaheim Boulevard, six feet of which would be located in an area that is being dedicated to the City to accommodate the future widening of Anaheim Boulevard. Until such time Anaheim Boulevard is widened, the property would maintain a 12-foot landscaped setback area. Once the street is widened, a minimum 6-foot landscaped setback would be provided. The timing of the street widening is unknown at this time. CONDITIONAL USE PERMIT NO. 2019-06000 April 29, 2019 Page 3 of 5 EAST ELEVATION NORTH ELEVATION The new building is designed to be compatible with the existing auto repair building on-site, as well as with the Fix Auto building across Anaheim Boulevard utilizing similar architecture, exterior colors and building materials. The color scheme would also be compatible with the Colony House banquet hall located across Adele Street, and in conformance with the Anaheim Colony Design Guidelines. A Development Summary, which includes an analysis on all applicable development standards in the C-G zone, has been included as an attachment to this report (Attachment 1). The business would operate 6 days per week (closed Sunday) between the hours of 7:00 a.m. and 7:00 p.m. with a maximum of six employees on-site. The applicant proposes to repave and restripe the parking lot to provide 23 Code compliant spaces for the auto body repair and sales uses. The vehicle display area would be limited to one space within the existing building as required by the Department of Motor Vehicles (DMV). All auto body and paint operations would be performed entirely indoors. Spray painting would be moved inside the new South Coast Air Quality Management District (SCAQMD) compliant paint booth building, and would comply with Building and Fire Code requirements. 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. CONDITIONAL USE PERMIT NO. 2019-06000 April 29, 2019 Page 4 of 5 The Zoning Code requires approval of a conditional use permit for “Automotive-Repair & Modification” and “Automotive–Vehicle Sales, Lease & Rental” uses to ensure that the uses are appropriate for the site, compatible with surrounding land uses, and in compliance with Municipal Code requirements. This request is to expand the existing auto body, repair, and sales facility to provide a SCAQMD compliant paint booth. The nature of the business will not change as a result of the additional paint booth building. The proposed modifications would improve current operations since all auto body repair would occur indoors and all auto painting would occur within the new paint booth building. The architectural design of the new building would complement the surrounding commercial uses in the area. Therefore, staff recommends approval of the ancillary paint booth building. The Muncipal Code requires that parking demand be calculated by combining the needs of “Automotive-Repair & Modification” and “Automotive–Vehicle Sales, Lease & Rental” uses on the property. A total of 22 parking spaces are required, and 23 spaces are proposed, as shown in the below table. Code Requirement (per 1,000 s.f.) Proposed Floor Area (s.f.) Spaces Required Proposed Spaces Auto sales 4 611 2.4 Auto repair 3.5 4,936 19.4 Total 5,547 22 23 The parking lot would be reconfigured to have 23 Code compliant parking spaces, including one ADA compliant parking stall, and one DMV required vehicle display space. The draft resolution includes a condition of approval restricting the number of display spaces to one in order to maintain the minimum number of Code required parking spaces. No parking impacts resulting from the new paint booth building is expected. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15303, Class 3 (New Construction or Conversion of Small Structures). Class 3 consists of the construction and location of limited numbers of new, small facilities or structures. The proposed 972 square foot paint booth building meets these criteria. Pursuant to Section 15300.2 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. CONDITIONAL USE PERMIT NO. 2019-06000 April 29, 2019 Page 5 of 5 CONCLUSION: Staff believes that conditions exist for the Planning Commission to make the required findings to approve this request. The proposed paint booth building would improve the operations of the existing auto body repair business. Additionally, the number of parking spaces provided would be adequate to accommodate the uses. Staff recommends approval of this request. Prepared by, Submitted by, Wayne Carvalho David See Contract Planner Principal Planner Attachments: 1. Development Summary 2. Draft Conditional Use Permit Resolution 3. Letter of Request 4. Site Plans, Floor Plans and Elevations 5. Site Photographs C-G DEV 2019-0000 9 AUTO SALES C-G RETAIL C-G (MU) APARTMENTS PR PEARSON PARK C-G OFFICES C-G RETAIL T PARKING LOTRM-4 PARKING LOT C-G PARKING LOT C-G OFFICES C-G OFFICES C-G RETAIL RM-4 APTS 100 DU RM-3 RETAIL C-G RELIGIOUS USE R S - 3 S I N G L E F A M I L Y R E S I D E N C E C-G RETAIL C-G RETAIL C-G RETAIL C-G AUTO BODY SHOP C-G RETAIL R S - 3 S I N G L E F A M I L Y R E S I D E N C E C-G AUTO REPAIR/ SERVICE C-G RETAIL C-G APTS 5 DURM-4 APTS 12 DU RM-4 APTS 10 DU T APTS 20 DU RM-4 SFR T RELIGIOUS USE 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-3 SINGLE FAMILY RESIDENCE RS-3 VACANT RS-3 TRIPLEXRS-3 SFR RS-3 SINGLE FAMILY RESIDENCE RS-3 6 DU R S - 3 S I N G L E F A M I L Y R E S I D E N C E RS-3 TRIPLEX RM-4 APTS 8 DU RM-4 PARK PROMENADE APTS 24 DU RS-2 SFR RM-4 SINGLE FAMILY RESIDENCE C - G P A R K I N G L O T C-G PARKING LOT RS-3 DUPLEX RS-3 PARKING LOTC-G RESTAURANT R S - 3 S I N G L E F A M I L Y R E S I D E N C E R S - 2 S I N G L E F A M I L Y R E S I D E N C E 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-3 SINGLE FAMILY RESIDENCE C-G OF F I C E S C-G OFFICES R S - 3 S I N G L E F A M I L Y R E S I D E N C E N A N A H E I M B L V D E L I N C O L N A V E W L I N C O L N A V E N L E M O N S T N C L A U D I N A S T N E M I L Y S T W C Y P R E S S S T E A D E L E S T E S Y C A M O R E S T W A D E L E S T E C Y P R E S S S T W S Y C A M O R E S T N Z E Y N S T E. LA PALMA AVE N . E A S T S T E.LIN C O L N A V E S . E A S T S T N . H A R B O R B L V D W. LA PALMA AVE W . B R O A D W A Y E .B R O A D W A Y W .LIN C O L N A V E S . A N A H E I M B L V D W. B R O A D W AY E . B R O A D W A Y 3 2 7 N o r t h An a h e im Bo u le v a r d D E V N o . 2 0 1 9 -0 0 0 0 9 Subject Property APN: 035-102-26 °0 50 100 Feet Aeria l Ph oto : Ma y 2 01 8 N A N A H E I M B L V D E L I N C O L N A V E S A N A H E I M B L V D W L I N C O L N A V E N L E M O N S T N C L A U D I N A S T N E M I L Y S T W C Y P R E S S S T E A D E L E S T E S Y C A M O R E S T W A D E L E S T E C Y P R E S S S T W S Y C A M O R E S T N Z E Y N S T E. LA PALMA AVE N . E A S T S T E.LIN C O L N A V E S . E A S T S T N . H A R B O R B L V D W. LA PALMA AVE W . B R O A D W A Y E .B R O A D W A Y W .LIN C O L N A V E S . A N A H E I M B L V D W. B R O A D W AY E . B R O A D W A Y 3 2 7 N o r t h An a h e im Bo u le v a r d D E V N o . 2 0 1 9 -0 0 0 0 9 Subject Property APN: 035-102-26 °0 50 100 Feet Aeria l Ph oto : Ma y 2 01 8 DEVELOPMENT SUMMARY FIX AUTO PAINT BUILDING (DEV2019-00009/CUP2019-06000) Development Standard CG Zone Standards Proposed Project Land Use Automotive-Repair and Modification: Major CUP required New 972 sq. ft. Spray Booth Bldg. to existing Auto Body Shop Business Site Area N/A 21,424 sq. ft. (0.49 ac) FAR 0.50 0.26 (5,547 sq. ft.) Building Height 75’ 18’ Setbacks L/S/Structural Setback 10’ from freeway/off ramp 15’ from Arterial 10’ from local street (Adele St.) 0’ abutting non-residential Special setbacks – North Anaheim Blvd. 0’ OR 10’ L/S setback (Anaheim Blvd.) Parking to be screened by: 36” high shrubs, berms or decorative wall 0’ Side S/B to Adele St. (existing bldg.) 0’ to west P.L. (existing bldg.) 12’ from existing ROW (new bldg.) 6’ irrevocable offer dedication 6’ Front S/B to Anaheim Blvd. (new bldg.) Parking 3.5 spaces per 1,000 square feet of GFA or 5 spaces, whichever is greater 5,547 sq. ft. total area 4,936 sq. ft. Auto Repair @ 3.5/1000 = 19.4 spaces 611 sq. ft. Auto Sales @ 4/1000 = 2.4 spaces Total required = 22 23 spaces total 1 accessible space Plan dated Received 4/9/19 ATTACHMENT NO. 1 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2019-*** RESOLUTION NO. PC2019-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2019-06000 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00009) (327 NORTH ANAHEIM BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2019-06000 to permit the construction of a automotive paint booth building in conjunction with an existing auto body, repair, and sales business (the "Proposed Project") at the premises located at 327 North Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.5-acres in size and is designated for Mixed Use land uses in the Anaheim General Plan Land Use Element. The Property is currently zoned “C-G” General Commercial. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 29, 2019 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 of the Code, to hear and consider evidence for and against the Proposed Project, including, specifically, Conditional Use Permit No. 2019-06000, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission also finds and determines that the effects of the proposed paint booth building are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consists of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2019-*** 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 to permit the Project on the Property does find and determine the following facts: 1. The proposed request to permit the Proposed Project is an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section 18.08.030.010 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C-G" General Commercial Zone; and 2. The proposed request to permit the Proposed Project would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the Proposed Project will improve the aesthetics on the Property and the overall appearance of the project site by constructing a new building, parking lot, and landscaping, and all automotive repair uses will be conducted inside the buildings; and 3. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to either the particular area or health and safety because the site will accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties; and 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 anticipated volumes of traffic on the surrounding streets will not be increased after the new paint booth building is constructed; and 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would improve the overall appearance of the project site, subject to compliance with the conditions contained herein. 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. 2019-06000, 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 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 and Building 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. - 3 - PC2019-*** 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 April 29, 2019. 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 - PC2019-*** 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 April 29, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of April, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2019-*** - 6 - PC2019-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2019-06000 (DEV2019-00009) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. Public Works, Development Services Division 2 Prepare and submit a final drainage study, including supporting hydraulic and hydrologic calculations to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage- mitigating measures including but not limited to offsite storm drains and interim detention facilities. Public Works, Development Services Division 3 Prepare and submit a Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/Significant Redevelopment projects. The WQMP shall identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the storm water runoff from the project site; define Source Control, Site Design, and Treatment Control best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. All BMP facilities and features shall be located entirely on site and out the public right-of-way. Public Works, Development Services Division 4 Submit a Preliminary Geotechnical Report to the Public Works Development Services Division for review and approval. The report shall address any proposed infiltration features of the WQMP. Public Works, Development Services Division 5 Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, Public Utilities, Water Engineering - 7 - PC2019-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. 6 The Owner/Developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities, Water Engineering PRIOR TO ISSUANCE OF BUILDING PERMITS 7 The property owner shall irrevocably offer to dedicate in a signed deed to the City of Anaheim: i) an easement 53-feet in width from the centerline of Anaheim Boulevard, and ii) a corner cut-off dedication at Anaheim Boulevard and Adele Street for road, public utilities, and other public purposes. Public Works, Development Services Division 8 The developer shall obtain a Right-of-Way Construction permit and post a security for construction of all required public improvements within the street right-of-way. These improvements include but may not be limited to removal and reconstruction of the existing damaged, broken, uplifted or uneven sidewalk on Adele Street along the property frontage as well as the removal and replacement of the existing distressed curb. The reconstruction of the sidewalk shall be in accordance with City’s Standard Detail 110-B; and removal of the existing curb and replacement with a monolithic curb and gutter shall be in accordance with Standard Detail 120. Public Works, Development Services Division 9 The legal property owner shall submit a Lot Line Adjustment to Public Works, Development Services for review and approval to modify or merge the existing two lots into one parcel. The Lot Line Adjustment and Conformance Deed shall be recorded prior to issuance of a building permit. Public Works, Development Services Division 10 The legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. Public Works, Development Services Division 11 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan. Public Works, Development Services Division - 8 - PC2019-*** 12 The following minimum clearances shall be provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.):  10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees.  5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. Public Utilities, Water Engineering 13 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Contact: Chamrun Keo, ckeo@anaheim.net, (714) 765-4153 to plan for new or upgard. Public Utilities, Electrical Engineering 14 A private water system with separate water service for fire protection and domestic water shall be provided and shown on plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 15 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities, Water Engineering 16 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 17 All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities, Water Engineering 18 The Owner/Developer shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done Public Utilities, Water Engineering - 9 - PC2019-*** in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 19 Water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities, Water Engineering 20 Applicant shall contact Water Engineering for recycled water system requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. Public Utilities, Water Engineering 21 Storage and use of hazardous materials will need to be listed on the plans to determine additional requirements if they are above the maximum allowable quantities as listed in CFC Table 5003.1.1(1-4). Fire Department 22 The property owner shall submit a letter requesting termination of Conditional Use Permit No. 2015-05842 to the Planning Department. Planning and Building, Planning Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 23 All required on-site Water Quality Management Plan and public right- of-way improvements shall be completed, operational, and are subject to review and approval by the Construction Services Inspector. Public Works, Development Services Division 24 Ongoing during project operations, vehicle deliveries including loading and unloading shall be performed on site. Delivery vehicles shall not block any part of the public right-of-way. Public Works, Development Services Division 25 All fees/deposits required by Public Works Department must be paid in full. Public Works, Development Services Division 26 Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities, Water Engineering 27 Parking lot striping shall be provided per City Standard Detail No. 470. Planning and Building, Planning Division 28 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. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Address numbers shall be well lit during hours of darkness. Planning and Building, Planning Division - 10 - PC2019-*** Minimum recommended lighting level in all parking areas is 0.5 foot- candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 29 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. Planning and Building, Planning Division ON-GOING DURING PROJECT OPERATIONS 30 The auto sales business shall be permitted to display no more than one vehicle. Planning and Building, Planning Division 31 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning and Building, Code Enforcement 32 The applicant shall be responsible for maintaining the premises in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Planning and Building, Code Enforcement 33 The paint booth and auto repair business 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 Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. Planning and Building, Planning Division 34 Any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. All existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. Planning and Building, Code Enforcement 35 All auto body, painting, and repair work shall occur inside the buildings only. The storage of all auto parts and materials shall not be permitted outside of the buildings. Planning and Building, Code Enforcement GENERAL 36 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 Planning and Building, Planning Services - 11 - PC2019-*** limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 37 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, Planning Services 38 The business premises shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning and Building, Planning Services April 16, 2019 Subject: Project Description Location: 327 North Anaheim Boulevard; APN: 035-102-26 Applicant - Property Owner: Bill Taormina Request: A request to construct an ancillary 972 square foot building to operate as a spray booth for the existing, primary auto use on-site, restripe parking and provide for updated circulation and landscaping on a .49 acre General Commercially zoned lot. Background: In 2015, a CUP (CUP2015-05842) was approved permitting the expansion of an existing auto body, repair, and sales facility and a Variance (VAR2016-05059) for front and interior setbacks less than required by the Zoning Ordinance; less parking spaces than required by the Zoning Ordinance; and a waiver of street dedication and improvement requirements. The project site is surrounded to the north, south and east by a mix of general commercial and service uses and residential properties to the west. The project site maintains two street frontages, West Adele Street to the north and North Anaheim Boulevard to the east. Proposal: The project proposes to add an approximately 972 square foot, detached spray booth building on the eastern most portion of the lot. As a result of the proposed building, an updated parking area is proposed compliant with City required spaces. New landscaping is proposed as a part of the required dedication for the project site. The proposal ensures compliance with AQMD standards for automobile spray booths, ensuring they are separated from any nearby residential properties. Under the original CUP entitlement for the site, a spray booth was approved inside the existing building; however, due to NFPA rule no. 17, the spray booth must be housed within a separate building because the original location is too proximate to the western adjacent residential properties. All requirements for ADA and UBC will be followed and implemented. The proposed 972 square foot detached building maintains a 6-foot setback from the proposed new right- of-way. A minimum 12-foot landscape buffer is proposed along the Anaheim frontage, inclusive of the new proposed right-of-way after dedication. On the Adele frontage, a 10-foot landscape buffer is proposed. Ten street trees are proposed within the newly dedicated public right-of-way, and two trees are proposed on the project site, consistent with the street tree species. The existing building and uses on-site are not proposed to be modified. Pursuant to Chapter 18.42 of the Zoning Ordinance, parking requirements for the project site requires a total of 22 parking spaces, where 23 are provided including the spray booth parking spaces. The proposed spray booth building is consistent with the City’s Design Guidelines for the Colony neighborhood. The proposed building is consistent in color, height and massing as the existing building on-site. The existing building is a single-story, horizontal structure, with grey color. The proposed spray booth building is single story, with a parapet roof to ensure screening of roof mounted equipment. The proposed color maintains the continuity of the neutral color palette. The use of grey scale for the color allows for a passive visual aesthetic that supports the primary architecture on the surrounding parcels but ATTACHMENT NO. 3 does not create such a visual draw as to detract from the overall character of the neighborhood. The building proposes hardie board siding as a façade treatment, consistent with the Colony Guidelines. The proposed landscape buffer on the Anaheim frontage is consistent with the use of buffering techniques applied to soften the impact of the proposed building. A line of street trees aid in lessening the visual impact of the project site. Due to the constraints of the project site, such as the existing building, and corner lot location, the proposed parking area is designed in a way to minimize the visual impact of potential parked cars by stacking the lanes perpendicular to Anaheim Boulevard. This will alleviate a massing of vehicles that would occur if the parking spaces were parallel to Anaheim or angled spaces. The perpendicular placement will result in rows that will be shielded by each succeeding vehicle. Furthermore, the placement of the proposed spray booth building is located so that it breaks up the parking lot visual and reduces the visual impact. The business would operate 6-days per week, from 7:00AM to 7:00PM, consistent with the City’s Noise Ordinance. There is a maximum number of six employees on-site. All autobody and paint work will be conducted wholly indoors. The vehicle display area for the car sales business will be limited to one space within the building, as required by the Department of Motor Vehicle (DMV). CUP Findings: 1. That the proposed use is properly one for a conditional use permit is authorized by this code, in that the Zoning Ordinance, Table 8-A of Section 18.08.030 (Uses) of Chapter 18.08, permits automotive uses, including repair and modification, in conjunction with an approved use through the granting of a Conditional Use Permit. 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, in that: a. The project site is zoned as General Commercial (C-G), with a General Plan Designation of Mixed-Use (MU). Table 8-A permits automotive uses, including repair and modification, in conjunction with an approved use through the granting of a Conditional Use Permit. The spray booth use is ancillary to the existing primary use of automotive services and sales, which has operated in their existing commercial building with no code compliance issues. Furthermore, the intent of the Mixed-Use High land use is “to allow a mix of uses including residential, commercial, services, hotel, and professional office uses in a high- quality environment” (LU-30), which the automotive use is consistent with; b. The placement and design of the spray booth building and parking lot area is consistent with the Colony Design Guidelines, in that the massing, color, and overall design are consistent with the existing building on-site. Landscape is utilized to buffer the areas of modification to allow for an aesthetically pleasing streetscape; and c. The project site is not anticipated to result in any adverse impacts, including noise, as the location of the spray booth is located farthest from the adjacent residential uses and will be subject to conditions of approval by the City of Anaheim. 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, in that the project site is developed in accordance with City development standards, including Zoning Ordinance development standards. The site can accommodate the spray booth building through conditions of approval and utilizing best management practices for the operation of the use. 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, in that the spray booth building is ancillary to the existing automotive uses on-site and are not independent traffic generating uses on their own. 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, in that: a. The project site is zoned as General Commercial (C-G), with a General Plan Designation of Mixed-Use (MU). Table 8-A permits automotive uses, including repair and modification, in conjunction with an approved use through the granting of a Conditional Use Permit. The spray booth use is ancillary to the existing primary use of automotive services and sales, which has operated in their existing commercial building with no code compliance issues. Furthermore, the intent of the Mixed-Use High land use is “to allow a mix of uses including residential, commercial, services, hotel, and professional office uses in a high- quality environment” (LU-30), which the automotive use is consistent with; b. The placement and design of the spray booth building and parking lot area is consistent with the Colony Design Guidelines, in that the massing, color, and overall design are consistent with the existing building on-site. Landscape is utilized to buffer the areas of modification to allow for an aesthetically pleasing streetscape; and c. The project site is not anticipated to result in any adverse impacts, including noise, as the location of the spray booth is located farthest from the adjacent residential uses and will be subject to conditions of approval by the City of Anaheim. Submittal Package: Listed below is a summary of items included in the resubmittal package as required by Anaheim’s Development Application Submittal Checklist: 1. Updated Project Narrative with Justification for CUP 2. Revised Site Plan (12 copies) 3. Revised Elevations We respectfully request review and approval of this application. Should you have any questions regarding this request, please feel free to contact me at (714) 914-5605 or Avazquez@Sagecrest.us. 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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: APRIL 29, 2019 SUBJECT: CONDITIONAL USE PERMIT NO. 2018-05965 LOCATION: 201 East Center Street (Kraemer Building) APPLICANT/PROPERTY OWNER: The applicant and property owner is Vu Thai of VNT Properties, and the agent is Phillip Schwartze with The PRS Group. REQUEST: The applicant requests approval of a conditional use permit to convert existing residential units (currently permitted as short-term rental units) and portions of office spaces within an existing mixed use building into a hotel with full kitchen facilities. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (CEQA) under Section 15301, Class 1 (Existing Facilities), of the State CEQA Guidelines, and approving Conditional Use Permit No. 2018-05965. BACKGROUND: This 0.21-acre property is located in the C-G General Commercial Zone and is designated for Mixed Use land uses by the Anaheim General Plan. The property is developed with a 7-story mixed-use building. Surrounding land uses include apartments to the north, a City-owned parking structure to the east, and commercial buildings to the south and west. The mixed use building, commonly referred to as the “Samuel Kraemer Building,” or “Kraemer Building,” is a Qualified Historic Structure that was constructed in 1924. The building contributes to the significance of the Anaheim Colony Historic District and was added to the National Register of Historic Places in 1983. In 2015, the property owner entered into a Historic Property Preservation Agreement (Mills Act Contract) with the City. This Agreement requires the owner to preserve and maintain the exterior historic features of the property, visible to the public-right-of-way, in exchange for an annual property tax reassessment, which typically results in an annual property tax reduction. The current layout of the Kraemer building is described as follows: CONDITIONAL USE PERMIT NO. 2018-05965 April 29, 2019 Page 2 of 5 Floors Current Use Notes Basement Offices/Storage - 1 Lobby/Offices - 2 (Mezzanine) Offices - 3 – 7 20 Residential Units (all permitted to be short- term rental units) Currently, 9 units operate as apartment rental units on a month-to month basis, and 11 units operate exclusively as short-term rental units. Roof Penthouse for Storage (permitted to be short- term rental unit) Currently unimproved The Kraemer Building was originally constructed as an office building; however, the Planning Commission approved Conditional Use Permit No. 2001-04447 in 2001 to allow a conversion of the building into a mixed-use building consisting of 20 residential units and accessory office and retail uses. This permit was amended in 2002 to permit an additional two-bedroom residential unit in the penthouse, for a total of 21 residential units. In 2015, another amendment to the original permit was approved by the Planning Commission, which allowed the residential units and future penthouse unit to be used as short-term rental units and to permit restaurants with or without outdoor dining and the sale of alcoholic beverages as a potential commercial use within the building. Kraemer Building CONDITIONAL USE PERMIT NO. 2018-05965 April 29, 2019 Page 3 of 5 PROPOSAL: The applicant proposes to convert the existing residential units that are currently permitted to be operated as short-term rental units and portions of office spaces within the existing building into a hotel with full kitchen facilities in each guest room. The proposed hotel would consist of a total of up to 24 guest rooms, which would be comprised of the existing 20 residential units, the future penthouse unit, and up to three new hotel rooms on the mezzanine level. The new hotel rooms on the mezzanine level would be created by converting portions of the existing office spaces and hallways. No physical changes are proposed to the existing residential units since these units were recently renovated to be used as short-term rental units. The penthouse would remain as storage until necessary approvals are obtained to improve the penthouse into a hotel room with an outdoor patio area. The remaining office spaces within the first floor and mezzanine level would be maintained as is. The existing nine residential units currently operating as month-to-month apartment rental units would be phased out in compliance with all applicable City, State, and Federal laws. The existing counter within the lobby area would be utilized as the front desk for the hotel, providing 24/7 check-in and check-out service. In addition, the proposed hotel would provide a number of services and amenities, such as a weekly maid service (additional service is available upon request free of charge), a business center for guests, free guest Wi-Fi in both the lobby and guest rooms, free cable TV service in guest rooms, access to 24/7 on-site manager, grocery delivery service to the guests, and a pick-up and drop-off service for a fee. The applicant also has future plans to add a coffee shop and a restaurant on the first floor of the building; however, such plans are not part of the current request and will be subject to applicable City review and approval. 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. CONDITIONAL USE PERMIT NO. 2018-05965 April 29, 2019 Page 4 of 5 In response to the changing hotel industry and preferences of hotel guests, the City Council recently approved a Zoning Code Amendment (effective May 16, 2019) that created a new use class “Hotel, Full Kitchen Facilities,” which would be allowed within the C-G Zone, subject to approval of a conditional use permit. The purpose of the conditional use permit is to ensure that the use is appropriate for the site, compatible with surrounding land uses, and in compliance with Municipal Code requirements. The proposed hotel use would not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the existing residential units are already permitted to operate as short-term rental units, and these units have similar characteristics as a hotel use. Both uses are intended to provide temporary lodging to guests. The traffic generated by the proposed use would not exceed the anticipated volumes of traffic on the surrounding streets since the proposed hotel use has a similar traffic demand as the existing short-term rental use. In addition, there would be sufficient parking to accommodate the proposed hotel use. Currently, all parking for the Kraemer Building is provided in the adjacent City-owned public parking structure to the east, which is managed by the Community and Economic Development Department. The property owner currently leases 72 spaces to be used by the Kraemer Building tenants, residents, and guests, which is 8 spaces more than the minimum parking required for the subject site with the proposed hotel use. Based on these reasons, staff believes the proposed hotel use is appropriate for the site, will not cause any significant impact to the surrounding areas, and is consistent with the character of the surrounding neighborhood. In addition, the proposed hotel use would provide a unique lodging opportunity to the visitors, adding to the City’s tourism economy. To ensure orderly operations of the proposed hotel use and maintenance of the historic building, various conditions of approval are recommended, such as maintaining sufficient number of leased parking spaces, compliance with the existing Mills Act Contract and other applicable design guidelines, and requiring the appropriate City review of all future improvements, including the penthouse and restaurants. Also, the applicant is responsible to ensure that all existing apartment leases are terminated in compliance with all applicable City, State, and Federal Laws prior to commencing the proposed hotel use. Lastly, the proposed conditional use permit will not be valid until the recently adopted Zoning Code Amendment to allow “Hotel, Full Kitchen Facilities” becomes effective on May 16, 2019. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities. Class 1 consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of existing or former use. The proposed project consists of allowing a hotel use within an existing building, which has similar characteristics to a short-term rental use, which the City had previously permitted the property owner to operate on the subject site. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. CONDITIONAL USE PERMIT NO. 2018-05965 April 29, 2019 Page 5 of 5 CONCLUSION: The proposed conditional use permit would be compatible with the adjacent land uses in the area as the proposed hotel use has similar characteristics as the existing short-term rental use, and it would provide a unique lodging opportunity to the visitors of the City. Therefore, staff recommends approval of the proposed conditional use permit request. Prepared by, Submitted by, Joanne Hwang David See Associate Planner Principal Planner Attachments: 1. Draft Conditional Use Permit Resolution 2. Letter of Operation 3. Project Plans 4. Site Photographs C-GDEV 2018-00038KRAEMERBUILDING(MIXED-USE) PRCOLONYPARK C-GPARKINGSTRUCTURE C-GTHEATER C-GAUTO REPAIR/SERVICE C-GPARKING LOT RM-4SINGLE FAMILY RESIDENCE C-GSENIORCITIZENS HOUSING75 DU RM-4APTS100 DU C-G (DMU)RETAIL C-GRETAIL C-G (DMU)RETAIL O-LOFFICES C-GCITY HALL RM-4DOWNTOWN COMMUNITY / RECREATIONCENTER AND PARKING STRUCTURE C -G D O W N T O W N C O M M U N I T Y C E N T E R C -G P A R K I N G L O T RM-4PARK SP 90-2PCL4DAPTS108 DU C-G (DMU)CITY HALLC-G (DMU)RETAILC-G (DMU)PARKING STRUCTUREC-G (DMU)RETAIL C-GOFFICES C-GOFFICES PRGEORGE WASHINGTON PARK C-G (MU)APTS RS-3SINGLE FAMILY RESIDENCE RS-3DUPLEXRS-3TRIPLEX S A N A H E I M B L V D E L I N C O L N A V E N A N A H E I M B L V D W L I N C O L N A V E S A N A H E I M B L V D E C E N T E R S T N C L A U D I N A S T W O A K S T N E M I L Y S T N P H I L A D E L P H I A S T W C E N T E R S T R E E T P R O M E N A D E S . E A S T S T E. LA PALMA AVE E . L I N C O L N A V E N . E A S T S T N . H A R B O R B L V D W. LA PALMA AVE W . B R O A D W A Y N . A N A H E I M B L V D E . B R O A D W A Y W .L I N C O L N A V E S . A N A H E I M B L V D W.B R O A D W A Y E . B R O A D W A Y 2 0 1 Ea s t Ce n t e r St r e e t D E V N o . 2 0 1 8 -0 0 03 8 Subject Property APN: 255-076-04 °0 50 100 Feet Aerial Pho to:May 20 18 S A N A H E I M B L V D E L I N C O L N A V E N A N A H E I M B L V D W L I N C O L N A V E S A N A H E I M B L V D E C E N T E R S T N C L A U D I N A S T W O A K S T N E M I L Y S T N P H I L A D E L P H I A S T W C E N T E R S T R E E T P R O M E N A D E S . E A S T S T E. LA PALMA AVE E . L I N C O L N A V E N . E A S T S T N . H A R B O R B L V D W. LA PALMA AVE W . B R O A D W A Y N . A N A H E I M B L V D E . B R O A D W A Y W .L I N C O L N A V E S . A N A H E I M B L V D W.B R O A D W A Y E . B R O A D W A Y 2 0 1 Ea s t Ce n t e r St r e e t D E V N o . 2 0 1 8 -0 0 03 8 Subject Property APN: 255-076-04 °0 50 100 Feet Aerial Pho to:May 20 18 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2019-*** RESOLUTION NO. PC2019-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05965 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00038) (201 EAST CENTER STREET) WHEREAS, on September 24, 2001, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (the “Planning Commission”), by its Resolution No. PC2001-140, approved Conditional Use Permit No. 2001-04447 (herein referred to as the “Original CUP”) to permit the conversion of a historically significant office building known as the Kraemer Building to a mixed use development consisting of residential units and accessory office and retail uses at 201 East Center Street in the City of Anaheim, County of Orange, State of California, which is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, on September 9, 2002, and subject to certain conditions of approval, the Planning Commission by its Resolution No. PC2002-128, approved an amendment to the Original CUP to amend previously-approved exhibits and conditions of approval pertaining to the penthouse residential unit at the property; and WHEREAS, June 15, 2015, and subject to certain conditions of approval, the Planning Commission by its Resolution No. PC2015-041, approved an additional amendment to the Original CUP to convert the residential units into short-term rental units and to allow restaurants with or without outdoor dining and sale of alcoholic beverages for on-site consumption to the list of permitted uses within the existing mixed use building; and WHEREAS, the Original CUP and the subsequent amendments shall be referred to herein collectively as the “Previous CUP.” The conditions of approval which were subject of the Previous CUP shall be referred to herein collectively as the “Previous Conditions of Approval”; and WHEREAS, the Planning Commission did receive a verified petition for Conditional Use Permit No. 2018-05965 to convert the existing residential units that are currently permitted to be operated as short-term rental use and portions of existing office spaces within the existing mixed- use building into a hotel with full kitchen facilities (the "Proposed Project") at the Property; and WHEREAS, the Property is approximately 0.21-acre in size and is designated as Mixed Use in the Anaheim General Plan Land Use Element. The Property is currently zoned “C-G” General Commercial. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code; and - 2 - PC2019-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 29, 2019 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 of the Code, to hear and consider evidence for and against the Proposed Project, including, specifically, Conditional Use Permit No. 2018-05965, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission also finds and determines that the effects of the proposed hotel use is typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities), which consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of existing or former use. The proposed project consists of allowing a hotel use within an existing building, which has similar characteristics as the short-term rental use that the subject site is already permitted to operate. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is 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 to permit the Project on the Property does find and determine the following facts: 1. The Proposed Project is an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section 18.08.030.010 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C-G" General Commercial Zone, subject to finalization of Zoning Code Amendment No. 2019-00159 (effective May 16, 2019) to permit “Hotel, Full Kitchen Facilities” by conditional use permit; and 2. The proposed request would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the existing residential units are already permitted to operate as short-term rental units, and these units have similar characteristics as a hotel use as both are intended to provide temporary lodging to visitors and guests; and - 3 - PC2019-*** 3. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to either the particular area or health and safety in that the proposed hotel use would be located within the existing building without any increase in square footage and the number of parking spaces being provided in the adjacent City owned parking structure complies with Code requirements; and 4. The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area since the proposed hotel use has similar traffic demand as the existing short-term rental use and will not exceed the anticipated volumes of traffic on the surrounding streets; and 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim in that the Proposed Project would provide an unique type of temporary lodging to visitors, designed to be compatible with the existing building and surrounding properties, subject to compliance with the conditions contained herein. 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. 2018-05965, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto referred to as “New Conditions of Approval” 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 and Building 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, effective upon the effective date of this Resolution, the New Conditions of Approval hereby amend and replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for Conditional Use Permit No. 2018- 05965 shall be to the New Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the conditional use permit. 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. - 4 - PC2019-*** 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. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2018-05965 shall be contingent upon the effective date of City Council Ordinance No. 6461. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 29, 2019. 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 - PC2019-*** 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 April 29, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of April, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2019-*** - 7 - PC2019-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2018-05965 (DEV2018-00038) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO COMMENCING OPERATION OF THE HOTEL USE 1 All existing residential uses, including the short-term rental use, shall be terminated. The property owner shall submit a notarized statement demonstrating termination of the existing residential use. The property owner/developer shall be responsible for ensuring that all existing residential leases are terminated in accordance with all applicable City, State, and Federal Laws. Planning and Building Department, Planning Services Division 2 The property owner/developer shall submit a written request to: 1) terminate all existing Short Term Rental Permits issued for the subject property; and 2) terminate all previously approved conditional use permits. All existing Short Term Rental Permits and Previous CUP’s must be fully withdrawn and terminated on record before commencing operation of the hotel use. Planning and Building Department, Planning Services and Business License Divisions 3 Submit a request to re-address the existing building, terminating all existing residential addresses. Planning and Building Department, Planning Services Division 4 The property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications, if required. Public Utilities Department, Electrical Engineering Division 5 The property owner/developer shall notify the Public Works Department, Operations Division to finalize the conversion of the sanitation services to a commercial account. Public Works Department, Operations Division PRIOR TO ISSUANCE OF BUILDING PERMIT 6 The property owner shall irrevocably offer to dedicate to the City of Anaheim the following:  Center Street and Claudia Street as outlined on the site plan.  Plat and legal documents shall be submitted to Public Works Department, Development Services Division staff for review and approval. Public Works Department, Development Services Division 7 Street improvements plan shall be submitted for all impacted and interior streets/facilities in accordance with the City Code, Standards and Specifications. Such improvements may include, but not be limited to, sidewalk upgrades, curb and gutter replacements, driveway approach replacement, pavement replacement/upgrades, landscaping and irrigation, installation of new trees, Code required loading zone along Claudina Street. Public Works Department, Development Services and Traffic Engineering Divisions - 8 - PC2019-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 A Right-of-Way Construction Permit shall be obtained from the Public Works Department, Development Services Division for all work performed in the public right-of-way. Public Works Department, Development Services Division 9 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering 10 The property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities Department, Electrical Engineering Division 11 The location(s) for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. Planning and Building Department, Planning Services Division 12 All exterior modifications, including design of the future penthouse unit, shall adhere to the property’s Mills Act Contract requirement and the U.S. Secretary of the Interior’s Standards for Rehabilitation, and must be reviewed by the Planning Services Division, including the City’s Historic Preservation staff. Planning and Building Department, Planning Services Division 13 Appropriate improvement plans must be submitted to the Planning Services Division for review and approval for any future tenant improvements, including, but not limited to, future coffee shop, restaurant, and outdoor dining. Planning and Building Department, Planning Services Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 14 All required fees and deposits required by Public Works department must be paid in full (e.g. Sewer Impact and Improvement Fee, Traffic Impact Fee, etc.). Public Works Department, Development Services Division 15 All required public improvements shall be constructed/completed by the applicant, inspected and accepted by Construction Services. Public Works Department, Development Services Division GENERAL 16 The following listed commercial uses shall be prohibited on the subject property. a. Bars, nightclubs, and public dance halls b. Arcades c. Liquor stores d. Pawnshops e. Laundromats available to the general public f. Tattoo parlors g. Dry cleaning establishments with on-site dry cleaning Planning and Building Department, Code Enforcement Division - 9 - PC2019-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT h. Churches i. Sex oriented businesses j. Banquet halls k. Fast food restaurants l. Massage parlors m. Short-term rental units The permitted commercial uses shall be limited to the following listed uses or such other uses as may be approved by the Planning Commission: a. Accounting, bookkeeping, CPA firms, and temporary CPA firms b. Advertising c. Alcoholic beverages sales for on -premises consumption accessory to a permitted restaurant use, with an approval of a Minor Conditional Use Permit d. Antique shops e. Appraisers f. Art, music and photography studios g. Bakeries h. Banks and financial firms i. Barbers, beauty shops, and nail salons j. Book Stores k. Brokers: real estate, business opportunities, etc. Business systems companies l. Business/trade school and training center m. Clothing and shoe stores n. Communication consultants o. Computer analysis firms p. Confectionery and candy stores q. Credit reporting agencies r. Designers: industrial, interior, graphic s. Development companies t. Drugstores and pharmacies u. Dry cleaning (drop-off and pick-up convenience center without on-site dry cleaning) v. Facility maintenance and planning w. General professional business offices x. Hobby shops y. Hotels, with or without full kitchen facilities z. Insurance companies and agencies aa. Inventory services bb. Jewelry stores cc. Leasing companies dd. Management consultants and management companies ee. Marketing research ff. Medical and dental offices gg. Personnel agencies hh. Quality control analysis ii. Restaurants: full-service and/or take-out (including a coffee shop), with or without outdoor dining jj. Sales offices - 10 - PC2019-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT kk. Secretarial and business services An unsubordinated covenant shall be prepared by the property owner, at his/her sole cost and expense, specifying the prohibited and permitted uses listed above. Such covenant shall be reviewed and approved by the City Attorney prior to recordation in the Official Records of the County of Orange, and shall be recorded prior to commencement of the hotel use. A copy of the recorded covenant shall be submitted to the Planning Services Division. 17 The availability of parking for this building shall be maintained in conformance with Code requirements. Should additional Code-required parking be needed based upon the future tenant mix of all uses in the building, the property owner/developer must secure additional parking spaces through an agreement with the Community and Economic Development Department. Planning and Building Department, Planning Services Division Community Development Department 18 The hotel use shall be operated in accordance with the Letter of Operation submitted as part of this application. Any changes to the business operation and the hotel amenities as described in the Letter of Operation shall be subject to review and approval by the Planning and Building Department Director to determine substantial conformance with this permit . Planning and Building Department, Planning Services Division 19 The property owner/developer shall obtain all necessary approvals from the City’s Historic Preservation staff, for any proposed alterations to the building (both interior and exterior) or the property, which may include, but not limited to, window or door replacements, changes to hardscape or building additions. All exterior modifications shall adhere to the property’s Mills Act Contract requirements and the United States Secretary of the Interior’s Standards for Rehabilitation. Planning and Building Department, Planning Services Division 20 A maximum of 24 guest rooms shall be permitted on the property. Planning and Building Department, Planning Services Division 21 Prior to issuance of a building permit for any future uses that results in increase in discharge to the City’s sewer system, the property owner/developer shall submit a sewer study for review and approval of the City Engineer. Public Works Department, Development Services Division 22 No unscreened roof-mounted equipment shall be permitted on the building. Planning and Building Department, Code Enforcement Division 23 All future signage shall be reviewed and approved by the Planning Services Division to ensure compliance with all Municipal Code and design guideline requirements. Planning and Building Department, Planning Services Division 24 All landscaping shall be maintained in perpetuity in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning and Building Department, Code Enforcement Division - 11 - PC2019-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 25 Prior to commencing operation of any commercial business, valid business licenses shall be obtained from the Business License Division of the City of Anaheim. Planning and Building Department, Business License Division 26 Trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department, Operations Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Public Works Department, Operations Division 27 Window signs shall not be permitted unless specifically approved by the Planning Director to allow for professionally applied, historically accurate identification signage. Planning and Building Department, Planning Services Division 28 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being discovered. Planning and Building Department, Code Enforcement Division 29 Any future roof-top patio/deck area shall be limited to the guests of the future penthouse unit and shall be protected with a minimum of 4 -foot high perimeter fencing. Such roof-top patio/deck area shall not be used for events, banquets, or non-hotel guests. Police Department 30 All electrically operated gates providing emergency vehicle access to the hotel (if any) shall include the installation of an electronic access system which allows for the use of a public safety radio frequency to open the gate. Police Department 31 The building shall be equipped with a comprehensive security alarm system for the following areas:  Robbery/Panic Alarm at Retail Space, Cashier Areas  Robbery/Panic Alarm at Cashier/Front Desk area.  Robbery/Panic Alarm at Restaurant/Coffee Bar Cashier area.  High Valued Storage Areas Once ready, complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter , or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department 32 Install a comprehensive closed circuit television (CCTV) security system, with the following coverage areas.  Interior lobby entrances  Building perimeters  Parking lots  Fixed position cameras directed towards the street entrances/exits of each parking lot to capture license plates of vehicles entering and exiting the property.  Exterior pedestrian entrances  Stairwells (if applicable) Police Department - 12 - PC2019-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT  Interior hallways (if applicable)  Retail space  Cashier/Safe areas/Front Desk Areas  Restaurant and Coffee Bar 33 Install rooftop address numbers for the police helicopter - minimum size 4 feet in height and 2 feet in width. The lines of the numbers are to be a minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches 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 ground level. Also, a complex map shall be provided in electronic form to the Anaheim Police Department. Police Department 34 Coordinate with the Community and Economic Development Department to ensure “No Trespassing 602(k) P.C.” are posted at the entrances of parking lots and located in other appropriate places (i.e., gathering points and access points, bicycle parking, etc.) Signs must be at least 12 inches wide x 24 inches high in overall size, with white background and black 2 inch lettering. Police Department 35 Coordinate with the Community and Economic Development Department to ensure that all entrances to parking areas are posted with appropriate signs per 22658(a) C.V.C. to assist in removal of vehicles at the property owner’s/manager’s request. Police Department 36 Coordinate with the Community and Economic Development Department to ensure adequate lighting of parking lots, and circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings are be provided with lighting of sufficient wattage to provide adequate illuminati on 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 persons, property, and vehicles on-site. Minimum recommended lighting level for covered portions of all parking structures is 1 foot-candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 10:1. Police Department 37 Address signs shall be well lighted during hours of darkness. Police Department 38 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 c ondition 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 - 13 - PC2019-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 39 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 40 The Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division LETTER OF OPERATIONS PROPOSED KRAEMER HOTEL 201 E. Center Street January 22, 2019 Presently the Historic Kraemer Building is being operated as a “Short Term Rental” (STR) facility, approved by the City Council via a Conditional Use Permit (CUP), in addition to having some remaining monthly apartment rental units. The building presently has 20 individual units with 9 units continuing to operate as apartment rentals on a month to month rental basis, while 11 units operate as STR’s. The building owner is proposing to convert the entire facility and all units to a hotel by way of a new Conditional Use Permit. The area has the appropriate zoning and General Plan designation. STR operations will be quickly phased out. The building was substantially remodeled several years ago to modernize each unit with new appliances and other modern conveniences and amenities such as free WiFi in both the lobby and within each guest room as well as multi-channel Cable Television. Facility drop off and pick up via a Tesla automobile are available for a small fee. The ground floor contains a business office for use by guests that contains a computer and printer. The future construction of a coffee shop will provide food services. Grocery delivery services are available upon request. The existing building will be modified, utilizing Mills Act preservation techniques, to add up to three additional hotel rooms in the existing interior open space mezzanine with also a potential to add an additional hotel room in the roof penthouse area for a total of up to 24 units. The “Penthouse” will be designed to conform to Mills Act standards. The open building roof top is reserved as an observation deck and recreation area for “Penthouse” guests only. This is an ideal outdoor area amenity for viewing the city lights and various fireworks displays. The appropriate amount of code required off-site parking will continue to be leased from the City of Anaheim Community Development Department parking garage, which is in an adjoining parcel. Presently 72 spaces are leased for use by the Kramer Building while being used as an STR and apartment complex. ATTACHMENT NO. 2 Since the City Code parking requirements vary with the designated use of the Kraemer Building, the existing parking lease will be modified to make sure sufficient code required parking is available for the hotel, existing offices and any future additions, such as a new coffee shop. City traffic engineering staff has noted that no parking study or traffic analysis is warranted. Trash will continue to be located and removed in the existing location, which has worked for many years while servicing the apartments and or the short term rentals. The location and size of the two receptacles has proven to be more than adequate. The trash billing will shift over completely to a commercial account when the apartment tenants are gone. The existing facility is serviced with a 2 inch water line which has proven to be adequate. Conversion to a hotel may require installation of a master electrical meter to replace the existing multi- meters versus the present metering system. The City Public Works Department has requested additional Right-of-way dedication of 3 feet on both interior streets, Center Street and Claudina Street. Those potential dedications are reflected on the newest site plan. We believe that the Community Development Department owns Center Street. Public Works has requested various repairs and possibly new tree wells be installed. Conditions may be applied during the approval of the Conditional Use Permit to clearly identify the locations of both the existing broken sidewalks and new tree wells locations. The building has a basement which make extend into the proposed new right-of-way. Since the basement is subject to potential water infiltration, special coasting under the sidewalk may be required. A new loading area is required by city code. That new area is shown on the site plan. A new lading area sign will be installed at the required location. The Kraemer building will continue to work to maintain a secure and efficient check-in and check-out process on 24/7 basis. The guest check in-desk is located in the main ground floor lobby level. In the future, if a coffee shop is constructed in that area, the check in-desk will be relocated to one of the existing ground floor offices. Guests arriving by their own automobile park in the adjacent garage and walk to the lobby. Guests arriving by taxi or UBER, arrive at the Center Street ground floor door. Access to office tenants, visitors and future hotel guests is provided on the ground floor via secure locked doors facing onto Center Street. This is the historic main entrance into the building. All access into the building, after normal business hours (8:00 am to 7:00 pm) is restricted to a special keypad access, at the guest side of the building which requires keypad access 24/7. After checking in, guests are provided with unique keypad access codes that are deleted after they checkout. These access codes are coded to the guest cell phone numbers, ensuring that codes are more secure and easy to remember. The building is located convenient to shopping in the downtown. Staff can provide delivery services for guests. The Kraemer building has an existing multi-camera security and recording system, with coverage including all interior and exterior building entrances and exits. The Kramer building does not accept cash from any guests, all transactions are completed online with credit cards for extra added security. This monetary exchange system has proven to be very efficient. The Kraemer building also has an after-hours phone number that guest are able to call 24/7, if there are any emergencies. Additionally there is an evening onsite building manager available all 24 hours. Maid services are provided weekly with additional cleaning services upon request. 12 3 4 5 6 7 A B C D 12 3 4 5 6 7 ABCD S I D E W A L K SIDEWALK S I D E W A L K ALLEY TRASHEDISON VA U L T L I N E O F B A S E M E N T B E L O W L I N E O F B A S E M E N T B E L O W T R A F F I C L I G H T 11'-6"10'-9"20'-5"PROPERTY LINE 76'-11" " 4 - ' 7 9 E N I L Y T R E P O R P EXIT V A U L T W A T E R M A I N 2 4 " M A N H O L S T O R M D R A I N 6" C U R B S E W E R A N I D U A L C S T R E E T CENT E R STREE T P E D E S T R I A N W A L K P E D E S T R I A N W A L K PEDESTRIAN WALK C O U R T Y A R D A R E A P E D E S T R I A N W A L K Elev Elev PROP E R T Y L I N E 7 7 ' - 1 0 " P R O P E R T Y L I N E 1 1 7 ' E X I S T I N G A D J A C E N T P A R K I N G S T R U C T U R E STRUCTUR STAIRWAY S T R U C T U R S T A I R W A Y EXIT E X I T 6 " C U R B E X I S T I N G 1 S T O R Y S T R U C T U R E 13'36'-10" 7 3 ' - 1 " 45'-2" 7 ' - 7 " 14'-1"14'-9" 4 8 ' - 1 " LOADING AREA12’ x 20’CURB PAINTED FOR LOADING ZONE LOADING ZONE SIGN 74'-6" 1 8 ' - 1 " 30' 3 0 ' 20'12' 1 / 8 " = 1 ' - 0 " S C A L E F L O O R P L A N : S I T E P L A N 0 8 . 1 5 . 2 0 1 8 D A T E A T T A C H M E N T N O . 3 SITE PHOTOGRAPHS (DEV2018-00038/CUP2018-05965) Front elevation – viewed from Center Street West elevation – viewed from Claudina Street Mezzanine level First floor – lobby area ATTACHMENT NO. 4 Existing short-term rental units to be used a hotel guest room 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.