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PC 2020/01/06 City of Anaheim Planning Commission Agenda Monday, January 6, 2020 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 • CenterCity Corridors Study Session • Consent Calendar • Public Hearing Item • 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, January 2, 2020, 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 01-06-2020 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 01-06-2020 Page 3 of 5 Consent Calendar The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1A CONDITIONAL USE PERMIT NO. 2018-05888 (DEV2019-00127) Location: 1431 East La Palma Avenue Request: To revise the site plan for a previously- approved bed and breakfast inn within an existing historic home. The site plan revisions include the addition of a new swimming pool and the modification of a driveway and parking spaces. Environmental Determination: The Planning Commission will consider whether a Class 31 (Historical Resource Restoration/Rehabilitation) Categorical Exemption is the appropriate environmental documentation for this request under the California Environmental Quality Act. Motion Project Planner: Lucita Tong LTong@anaheim.net ITEM NO. 1B ZONING CODE AMENDMENT NO. 2019-00162 (DEV2019-00061) Location: Citywide Request: Review a modification to an amendment to Section 18.38.125 (Emergency Shelter and Recuperative Care/Medical Respite) of the Anaheim Municipal Code, previously reviewed by the Planning Commission on November 13, 2019, to allow the City Manager to approve up to 425 new and/or relocated/replaced Emergency Shelter beds. Environmental Determination: The Planning Commission will consider whether the proposed modification to the Draft Ordinance is subject to the California Environmental Quality Act (CEQA), pursuant to Section 15269(c) of the CEQA Guidelines. Motion Project Planner: Susan Kim skim@anaheim.net 01-06-2020 Page 4 of 5 Public Hearing Item ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2013-05702A VARIANCE NO. 2014-04989A (DEV2017-00008) Location: 1220 South Brookhurst Street Request: The applicant requests approval of an amendment to a conditional use permit to permit and retain the expansion of an existing hookah lounge and restaurant within a multi-tenant commercial center with fewer parking spaces than required by the Municipal Code (Nara Bistro). Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). This item was continued from the December 9, 2019 Planning Commission meeting. Resolution No. ______ Project Planner: Lucita Tong LTong@anaheim.net Adjourn to Wednesday, January 22, 2020 at 5:00 p.m. 01-06-2020 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1:30 p.m. January 2, 2020 (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. 1A PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JANUARY 6, 2020 SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05888 LOCATION: 1431 East La Palma Avenue (La Palma Bed & Breakfast) APPLICANT/PROPERTY OWNER: The applicant is Rachel Holborn and the property owner is Wellesley Hotels & Resorts Ltd, represented by Wayne Coffey. REQUEST: The applicant requests Planning Commission approval to revise the site plan for a previously-approved bed and breakfast inn within an existing historic home. The site plan revisions include the addition of a new swimming pool and the modification of a driveway and parking spaces. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that the revised site plan is substantially in conformance with the exhibits originally approved in conjunction with Conditional Use Permit No. 2016- 05888. BACKGROUND: The 1-acre property is developed with a 3,860 square foot historic home that was constructed in 1926. The property is located in the “RS- 2” Single Family Residential zone and the General Plan designates this property for Low Density Residential land uses. The property is surrounded by single-family residences to the north, east and west and a church to the south across La Palma Avenue. On May 1, 2017, the Planning Commission approved Conditional Use Permit No. 2016-05888 to permit a bed and breakfast inn with indoor dining, on- site consumption of alcoholic beverages and entertainment for guests within an existing historic home. CONDITIONAL USE PERMIT NO. 2018-05888 January 6, 2020 Page 2 of 3 The applicant is in the process of remodeling the 3,860 square foot historic home to accommodate a commercial kitchen, accessible restroom, new dining area, and restrooms for each of the four guest rooms on the second floor. The first floor includes a game room, lobby, dining room, entry room, and porch. An automated fire sprinkler system was installed as required by the Fire Department. The exterior of the home was refurbished with new materials that match the existing historical features of the home. Entertainment would be provided for guests in the indoor dining room on Friday and Saturday nights from 7:00 p.m. to 10 p.m. The carport located in the rear yard is slated for demolition to accommodate the proposed pool. The facility would be operated by three employees consisting of an on-site manager, a dining staff person, and a cleaning staff member. PROPOSAL AND ANALYSIS: The changes to the site plan include a new swimming pool on the west side of the building, a new loading area for deliveries, a new “Grass Crete” surface for the on-site parking spaces, and a repaved driveway that will use the same materials and color as the original driveway, so as to complement the historical features of the property. The number of parking spaces would be reduced from 30 spaces to 8 spaces in compliance with the Municipal Code. Per Anaheim Municipal Code Section 18.60.190.020, minor amendments require Planning Commission consideration to determine whether the amendment is in substantial conformance with the use and/or the plans that were originally approved. The findings that need to be made are as follows: 1. The underlying zoning and the General Plan land use designation for the area in which the amendment is proposed have not changed significantly since the permit was originally approved; 2. No new waivers of code requirements are needed; 3. The conditions of approval are not proposed to be substituted or amended, except the substitution or modification to the conditions of approval of a permit previously approved when a written finding is made that the substitute or amended conditions are equivalent or more effective; 4. No substantive changes to the approved site plan are proposed; 5. The nature of the approved use is not significantly changed; 6. The approved use is not intensified; and 7. No new or substantially greater environmental impacts would result. Since the site plan is being revised from the original conditional use permit, staff is presenting the changes as a “Reports and Recommendations” item to the Planning Commission to determine if the revisions are in substantial conformance with the originally approved exhibits, and to ensure that the changes have no impact to surrounding properties. Even though pools are a common amenity for bed and breakfast inns, they could potentially generate noise that would have an impact on adjacent neighbors. To address this concern, staff recommends that the management company post a sign in the pool area stating that quiet time hours be enforced between 10 p.m. to 9 a.m. seven days a week. In addition, staff believes that the reduction in CONDITIONAL USE PERMIT NO. 2018-05888 January 6, 2020 Page 3 of 3 parking spaces and an increase in landscaping in the front yard would be an improvement to the original design. Therefore, staff is supportive of these site plan revisions. CONCLUSION: Staff believes that the proposed changes are in keeping with accommodations and amenities provided by a typical bed and breakfast inn and that the proposed changes will be an attractive addition to the historic property. Staff recommends that the Planning Commission determine that the changes are in substantial conformance with the originally approved exhibits. Prepared by, Submitted by, Lucita Y Tong David See Contract Planner Principal Planner Attachments: 1. Planning Commission Resolution No. 2017-045 2. Letter of Request 3. Revised Site Plan 4. Original Site Plan RS-2 DEV 2019-0012 7 SINGLE FAMILY RESIDENCE RM-4 APARTMENTS 15 DU T RELIGIOUS USE T RELIGIOUS USE RM-4 WOODSTOCK TERRACE APTS 44 DU T RELIGIOUS USE C -G M E D I C A L O F F I C E RM-4 APTS 9 DU RS-2 SINGLE FAMILY RESIDENCE 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 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-2 SINGLE FAMILY RESIDENCE RS-2 SINGLE FAMILY RESIDENCE 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 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 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-2 SINGLE FAMILY RESIDENCE RS-2 SINGLE FAMILY RESIDENCE 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 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 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-2 SINGLE FAMILY RESIDENCE RS-2 SINGLE FAMILY RESIDENCE R S -2 S I N G L E F A M I L Y R E S I D E N C E RM-4 APTS 6 DU RM-4 APTS 6 DU RM-4 APTS 6 DU RM-4 APTS 6 DU RM-4 APTS 7 DU RM-4 APTS 36 DU T APTS 36 DU C-G RETAIL C-G RETAIL T EDISON ELEMENTARY SCHOOL RM-4 DAY CARE RM-4 APTS 32 DU RM-4 TRIPLEX E LA PALMA AVE N A C A C I A S T N L I B E R T Y L N N A N N A D R N B O D E N D R N W A N D A D R N H A W T H O R N S T E W I L H E L M I N A S T N B U T T O N W O O D S T E FOREST LN E DEL MAR LN N P O P L A R P L E. LA PALMA AVE E. ORANG ETHOR PE AVE N . E A S T S T E.LIN C O L N A V E E . B R O A D W A Y N . S T A T E C O L L E G E B L V D N . A N A H E I M B L V D N . S U N K I S T S T 1 4 3 1 E a s t L a Pa lm a A v e n u e D E V N o . 2 0 1 9 -0 0 1 2 7 Subject Property APN: 073-333-37 °0 50 100 Feet Aeria l Ph oto : Ma y 2 01 8 E LA PALMA AVE N A C A C I A S T N L I B E R T Y L N N A N N A D R N B O D E N D R N W A N D A D R N H A W T H O R N S T E W I L H E L M I N A S T N B U T T O N W O O D S T E FOREST LN E DEL MAR LN N P O P L A R P L E. LA PALMA AVE E. ORANG ETHOR PE AVE N . E A S T S T E.LIN C O L N A V E E . B R O A D W A Y N . S T A T E C O L L E G E B L V D N . A N A H E I M B L V D N . S U N K I S T S T 1 4 3 1 E a s t L a Pa lm a A v e n u e D E V N o . 2 0 1 9 -0 0 1 2 7 Subject Property APN: 073-333-37 °0 50 100 Feet Aeria l Ph oto : Ma y 2 01 8 AT T A C H M E N T NO . 1 Letter of Request Dear City of Anaheim, Our project at 1431 E La Palma has been approved for a bed and breakfast with a cafe to serve the occupants of the bed and breakfast only. Since we originally were requesting to serve the public there were 20 plus parking spots for the high volume of customers and the staff that would be needed to serve the public. The amount of employees needed to serve is reduced from 8 employees to 3. When we were approved for only guest use the number of spots required was reduced to 8 and we would like to revise the original plan of 20 down to 8. This would include 1 per room(4), 1 visitor(1), and 3 employees(3). We would also like to add a pool on the left side of the building for the guests of the bed and breakfast to enjoy. The reason of the pool location is for the view from the cafe and there will be screen planting between the pool and neighbors fence to protect everyone's privacy. Thank you for your kind consideration and we look forward to finishing this project and having you all visit soon. Rachel Holborn Vice President of Wellesley Hotels and Resorts ATTACHMENT NO. 2 17'-0" NO PARKING LA P A L M A A V E . RA M P S L O P E ) (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (N) LOCATION OF ELECT. METER TR A V E L P A T H 08 H.C. UP UP UP R 1 4 ' M I N . T Y P 01 R1 6 ' - 0 " R 1 6 ' - 0 " 43'-7"37'-2" 54 ' - 4 " QT QT QT QT (N) WOOD ENCLOSURE SHALL BE PAINTED TO MATCH (E) HOUSE, HEIGHT NOT TO EXCEED 6' HT. (N) BLOCK WALL SHALL BE FINISHED W/ SMOOTH STUCCO TO MATCH EXISTING BUILDING. (HEIGHT NOT TO EXCEED EXTG. P/L BLOCK WALL) (E) ADA RAMP 6' H T M A X (E) P/L BLOCK WALL (E) FRONT PORCH COLUMN TO REMAIN (PROTECT IN PLACE) A CUSTOM LANDSCAPE DESIGN COFFEY RESIDENCE DRAWING INDEX SITE DEVELOPMENT PLANPROJECT INFORMATION SITE DESCRIPTION N SITE PLAN SCALE: 1" : 30' TS TITLE SHEET + GENERAL NOTES L-1.0 SITE DEVELOPMENT PLAN ADDRESS:1431 E LA PALMA AVE ANAHEIM, CA 92805 APN:073-333-37 TRACT NO.---- OCCUPANCY TYPE:R-3/U CONSTRUCTION TYPE:VB N OWNER/ DEVELOPER: WAYNE COFFEY 1431 E. LA PALMA ANAHEIM, CA 92805 TEL: 619.302.4784 CONTRACTOR POOL LOGIC DESIGN & CONSTRUCTION 20984 BAKE PKWY SUITE 106 LAKE FOREST, CA 92630 LIC. 1013333 TEL: 949.344.6113 LANDSCAPE DESIGNER: RMT DESIGN GROUP 23547 MOULTON PKWY, SUITE 205 LAGUNA HILLS, CA 92653 TEL: 949.350. 8992 E: rmtdesigngroup@gmail.com 1431 E. LA PALMA AVE, ANAHEIM CA 92805 TS TI T L E S H E E T NOTES: 1. ALL WORK SHALL COMPLY WITH THE LATEST CODES: 2016 CALIFORNIA BUILDING CODES 2016 CALIFORNIA ELECTRICAL CODE 2016 CALIFORNIA MECHANICAL CODE 2016 CALIFORNIA PLUMBING CODE 2016 CALIFORNIA GREEN CODE DR A W N B Y CH E C K E D B Y RE V I S I O N S SC A L E DA T E SHEET NO. JOB NO. RM T / L H RM T / R V P NO T E D 12 . 3 1 . 1 9 2019000 23547 MOULTON PKWY, SUITE 205 LAGUNA HILLS, CA 92653 RMT DESIGN GROUP PR O J E C T SI T E A C U S T O M L A N D S C A P E F O R CO F F E Y R E S I D E N C E AN A H E I M , C A 9 2 8 0 5 14 3 1 E L A P A L M A A V E 1 RE V I S I O N P E R C I T Y C O M M E N T S O N D E C . 1 0 2 0 1 9 PE R M I T N O . 2 0 1 6 - 0 5 8 8 8 A 1 of 2 PROJECT SITE VICINITY MAP SCALE: NTS SCOPE OF WORK SCOPE OF WORK 1. NEW POOL AND DECK 2. EXISTING DRIVEWAY TO BE PAVED WITH NEW CONCRETE 3. NEW PARKING SPACES ADDED 4. NEW LOADING AREA 6. DEMOLITION OF EXISTING CARPORTS(SHOWN IN PLAN) VICINITY MAP (E) MAIN BLDG (E) OFFICE BLDG (E) STORAGE (E) STORAGE (E) CARPORTS TO BE DEMOLISHED (E) CARPORTS TO BE DEMOLISHED LOADING AREA GENERAL POOL SAFETY NOTES 1. FENCES: THE TOP OF THE FENCES OR GATE SHALL BE AT LEAST 60 INCHES ABOVE ANY SURFACE ON THE SIDE OF THE FENCE THAT FACES AWAY FROM THE POOL. THE SPACE UNDER A FENCE SHALL NOT EXCEED 2 INCHES TO EARTH. OPENINGS IN A FENCE (IF ANY) SHALL NOT BE LARGE ENOUGH TO ALLOW PASSAGE OF A 4-INCH SPHERE. 2. DOORS FROM THE HOUSE: WHEN THE WALL OF A DWELLING SERVES AS PART OF THE BARRIER TO THE POOL, ANY DOOR (INCLUDING SLIDING GLASS AND SCREEN DOORS) ACCESSING POOL AREA REQUIRES SELF-CLOSING AND SELFLATCHING DEVICES WITH A RELEASE MECHANISM LOCATED A MINIMUM OF 54 INCHES ABOVE FLOOR OR AN APPROVE POOL ALARM INSTALLED ON ALL DOORS AND SCREEN HAVING DIRECT ACCESS TO POOL. 3. GATES SHALL SWING AWAY FROM THE POOL, AND SHALL BE SELF-CLOSING WITH SELF-LATCHING DEVICE. WHEN THE RELEASE MECHANISM OF THE SELF-LATCHING DEVICE IS LESS THAN 54 INCHES FROM THE GROUND, THE RELEASE MECHANISM SHALL BE LOCATED ON THE POOL SIDE OF THE GATE AT LEAST 3 INCHES BELOW THE TOP OF THE GATE AND THE FENCE SHALL HAVE NO OPENINGS GREATER THAN ½ INCH WITHIN 18 INCHES OF THE RELEASE MECHANISM. (N) POOL ENGINEER: POOL ENGINEERING INC. 1201 N Tustin Ave, Anaheim, CA 92807 TEL: 714.630.6100 (E) POOL EQ. AREA CALCULATION : (N) CONCRETE PAVED AREA = 4,295 S.F. (N) GRASS PAVERS AREA = 5,184 S.F. 23547 MOULTON PKWY, SUITE 205 LAGUNA HILLS, CA 92653 RMT DESIGN GROUP 20984 BAKE PKWY SUITE 106 LAKE FOREST, CA 92630 POOL LOGIC DESIGN & CONSTRUCTION LIC. 1013333 GENERAL NOTES A - BLOCK WALL & WOOD ENCLOSURE ELEVATION SCALE: 1/4" = 1'-0" LANDSCAPE / HISTORICPRESERVATION NOTES: 1.THE CIRCULAR DRIVEWAY IS A “CHARACTER-DEFININGFEATURE” OF THE SITE AND SHOULD NOT BE ALTERED. NEW CONCRETE CAN BE USED TORESTORE THE DRIVEWAY; HOWEVER, IT SHOULD RESEMBLE THE EXISTING CONCRETE INCOLOR AND MATERIAL AS CLOSELY AS POSSIBLE. COLORED CONCRETE IS NOT APPROPRIATEAND SHOULD NOT BE USED TO REPLACE EXISTING DRIVEWAY. 2.ALL EXISTING PALM TREES IN THE MIDDLE OF THE FRONT YARD SHALL BE PRESERVED AND REMAIN. 3.EXISTING LANDSCAPING IN THEPROPERTY SHALL REMAIN AND MAY BE REDONE BUT THE EXISTING CIRCULAR DRIVEWAY,PORCH AND STEPS SHALL NOT BE ALTERED. 4.IF THE SOFTSCAPE/ PLANTINGWILL BE REDONE, A LANDSCAPE CONCEPT LAYOUT/ IMAGES MUST BE SUBMITTED TO THECITY HISTORIC STAFF FOR APPROVAL, PRIOR TO WORK BEING PERFORMED. THE NEW PLANTINGAND STYLE SHALL KEEP THE NEOCLASSIC LANDSCAPE STYLE WITH A FORMALLY ORGANIZED,STRUCTURED LANDSCAPE.FREE-FLOWING/ ORGANIC STYLE SHOULD NOT BE USED.  5.THE NEW +/- 6’ H BLOCK WALL TOTHE SOUTH OF THE POOL (ITEM 19) THAT IS VISIBLE FROM THE PUBLIC RIGHT-OF-WAYSHALL BE STUCCO FINISHED AND PAINTED TO MATCH EXISTING HOUSE. 6.THE NEW +/- 6’ H WOOD FENCEENCLOSURE SURROUNDING THE ADA RAMP (ITEM 21) THAT IS VISIBLE TO THE PUBLIC-RIGHT – OF WAY SHALL BE PAINTED TO MATCH EXISTING HOUSE. SEE ELEVATION SHEET TS EXISTING FRONT PORCH PHOTO NOTES: CERTIFICATE OF COMPLIANCE SHALL BE SUBMITTED TO THE PUBLIC WORKS ON A DEFERRED SUBMITTAL 'F O R R E F E R E N C E O N L Y ' - N O T F O R C O N S T R U C T I O N 1 1 1 2 2 RE V I S I O N P E R C I T Y C O M M E N T S O N D E C . 3 1 2 0 1 9 ATTACHMENT NO. 3 17'-0" (E) LANDSCAPE (E) LANDSCAPE (E) LANDSCAPE (E) LANDSCAPE (E) LANDSCAPE 23'-0" (E) OFFICE (E) GARAGE (E) STORAGE 9'-0" TYP 8'-0" (E) SCREEN TREES (PODOCARPUS) (E) UTILITY POLE NO PARKING LA P A L M A A V E . (N) PARKING 5% ( 8 . 3 3 % M A X RAMP UP RA M P S L O P E ) 5% ( 8 . 3 3 % M A X RA M P S L O P E ) LANDING (N)POOL EQ. (E) MAIN BUILDING (E) LOGGIA (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E) TREE (E ) C O N C R E T E S I D E W A L K LI N E O F E X . H O U S E 12'-8"48'-2" 12 ' - 0 " (N) POOL (REFER TO SEPARATE FOR DETAILS) (N) POOL 4' 20 ' A/C A/C (E) DRIVEWAY TO BE REPLACE WITH (N) CONCRETE 5' - 0 " (E) LANDSCAPE (E) ADDITION (E) ADDITION 12 ' - 0 " WINDOWS TO BE INOPERABLE (E) TREE (E) TREE (E) TREE (E) TREE 5' M I N . PO O L SE T B A C K ADA PARKING (E) DRIVEWAY TO BE REPLACE WITH (N) CONCRETE (E) LANDSCAPE PROPERTY LINE 289' P/ L (N) DECK (N) P/A 9 11 4 88 3 3 9 3 2 13 13 9 12 10 17 11 18 1717 17 1 7 9 1 5 10 9 5 10 10 10 10 10 11 11 12 12 10 13 14 (N ) P / A 15 21 14 PR O P E R T Y L I N E 1 5 7 . 0 4 ' P/ L 10 11'-0" BAJA LEDGE 19 20 (N) P/A (N ) P / A (N) P/A(N) P/A (N) LOCATION OF ELECT. METER ONE-WAY PAVEMENT MARKING 16 12'-0" (N) DECK 24" 12'x20' LOADING/ UNLOADING AREA ±12' (E) CARPORT TO BE DEMOLISHED 9'-0" MIN. R 1 4 ' M I N . T Y P (E) CONC. 6 18 6 (N) GRASS PAVERS (N) GRASS PAVERS (N) ART. TURF R14 ' M I N . TY P 20 ' - 0 " ADA WITH VAN ACCESIBLE (LOADING/ UNLOADING ZONE) 10 ' - 0 " 24 ' - 6 " (2 4 ' M I N ) 20 ' - 6 " TR A V E L P A T H 5'-0" AREA CALCULATION : (N) CONCRETE PAVED AREA = 4,295 S.F. (N) GRASS PAVERS AREA = 5,184 S.F. 08 H.C. UP UP UP R14' M I N . TYP SLOP E SLOP E INSTALL R100B (CA) SIGN R 1 4 ' M I N . T Y P DISABLED STALL SIGN VAN ACCESSIBLE PARKING PR O P E R T Y L I N E 2 8 ' PROPERTY LINE 246.63' PROPERTY LINE 50' 01 PR O P E R T Y L I N E 1 3 0 ' 14'-8" 18 ' - 0 " 22'-0" 12 ' - 0 " 30 " R1 6 ' - 0 " R 1 6 ' - 0 " A A 43'-7"37'-2" DEPTH:-12" DEPTH:-5'-6"DEPTH:-3'-6" DEPTH:-6" DEPTH:-6" DEPTH:-6" 4' 4' 54 ' - 4 " 22 QT 22 QT 22 QT 22QT VA R . FINISH GRADE 2' CLEAR SHRUB/GROUND COVER AREAS, 1' IN TURF AREAS 2" MIN SAND BASE - CONFIRM W/ SOILS REPORT REC. #3 REBAR 24" O.C. EACH WAY, SUPPORT AT ALL CROSS SECTIONS.CONC. PAVING W/ ASHLAR STAMP FINISH 2" COMPACTED (90% MIN.) SUB-GRADE PER SOILS REPORT NATURAL GRADE 6" FOOTING (TYP) 4" MAX SPACING 2 1 2" SQ STEEL TUBE 5' M I N . H T TOP CHANNEL RAIL VA R I E S NOTES: FOOTING DEPTH SUBJECT TO LOCAL CODES & CONDITIONS SITE DEVELOPMENT PLAN SCALE: 3/32" = 1'-0" ** P/A DENOTES PLANTING AREA LEGEND 1.(E) MAIN BUILDING, LOGGIA & TRELLIS TO REMAIN. 2.(N) CUSTOM BUILT POOL, SETBACK 5 MINIMUM FROM ADJACENT PROPERTY LINE WALL. SEE SEPARATE PLAN BY POOL ENGINEERING DETAILS. 3.(N) 5’ H, MINIMUM HEIGHT POOL SAFE FENCE AND GATE. GATE SHALL SWING OUT AND INSTALLED WITH SELF LATCH AND SELF CLOSING DEVICE. SEE OTHER NOTES THIS SHEET. 4.(N) POOL EQUIPMENT LOCATION, SETBACK 4’ MINIMUM FROM ADJACENT PROPERTY LINE WALL. POOL EQUIPMENT SHALL BE ENCLOSED WITH 5’ H BLOCK WALL WITH FINISH TO MATCH EXISTING BUILDING. 5.(N) LOCATION OF CITY APPROVED DOOR ALARM TO ALL MAIN HOUSE DOOR THAT HAS ACCESS TO THE POOL/ AREA. 6.(N) POOL PATIO AREA OF ARTIFICIAL TURF. (975 SF) 7.(N) SCREENING TREES ALONG POOL PERIMETER. INSTALL 15 GAL PODUCARPOS AT 30” ON CENTER, TO MATCH EXISTING TREES IN THE PROPERTY. 8.(E) CARPORT STRUCTURE TO BE DEMOLOSHED. 9.(E) 6’ HIGH BLOCK WALL/ PROPERTY LINE WALL. 10.(E) LANDSCAPING TO REMAIN. 11.(E) W.I. FENCE AND MAIN ENTRY GATE TO REMAIN. 12.(E) SIDEWALK TO REMAIN. 13.(E) CONCRETE DRIVEWAY TO BE DEMOLISED AND REPLACED WITH (N) CONCRETE IN COLOR & MATERIAL THAT RESEMBLE THE EXISTING CONCRETE.(4,295 SF) 14.(N) PARKING SPACES AND DRIVEWAY OF GRASS PAVERS. (5,184 SF) 15.(N) LOADING ZONE, ADA PARKING AND ACCESS TO ADA RAMP. 16.(E) ADA RAMP TO REMAIN. 17.(E) SCREENING TREES TO REMAIN. 18.(E) CHAIN LINK FENCE TO REMAIN. 19. (N) BLOCK WALL SHALL BE FINISHED W/ SMOOTH STUCCO TO MATCH EXISTING BUILDING. NO CITY PERMIT REQUIRED 20.(N) COMPOSITE WOOD DECKING. 21.(N) WOOD ENCLOSURE SHALL BE PAINTED TO MATCH (E) HOUSE, HEIGHT NOT TO EXCEED 6' HT. NO CITY PERMIT REQUIRED 22.(N) 11"x8.5" 'QUIET TIME SIGN' (SEE PHOTO) ACCEPTABLE TO PLANNING DIRECTOR TO BE INSTALLED NEAR ALL DOORS LEADING TO THE EXTERIOR AREAS, ADVISING ALL OCCUPANTS TO BE QUIET BETWEEN 10PM TO 9AM A - TYP. CONCRET PAVING DETAIL SCALE: NTS B - TYP. POOL SAFE FENCE SCALE: 1/2" = 1'-0" L-1.0 SI T E D E V E L O P M E N T P L A N DR A W N B Y CH E C K E D B Y RE V I S I O N S SC A L E DA T E SHEET NO. JOB NO. RM T / L H RM T / R V P NO T E D 12 . 3 1 . 1 9 2019000 23547 MOULTON PKWY, SUITE 205 LAGUNA HILLS, CA 92653 RMT DESIGN GROUP PR O J E C T SI T E A C U S T O M L A N D S C A P E F O R CO F F E Y R E S I D E N C E AN A H E I M , C A 9 2 8 0 5 14 3 1 E L A P A L M A A V E 1 RE V I S I O N P E R C I T Y C O M M E N T S O N D E C . 1 0 2 0 1 9 PE R M I T N O . 2 0 1 6 - 0 5 8 8 8 A 2 RE V I S I O N P E R C I T Y C O M M E N T S O N D E C . 3 1 2 0 1 9 2 of 2 N & CONSTRUCTION 20984 BAKE PKWY SUITE 106 LAKE FOREST, CA 92630 POOL LOGIC DESIGN LIC. 1013333 'F O R R E F E R E N C E O N L Y ' - N O T F O R C O N S T R U C T I O N GRASS PAVERS 2 1 1 1 1 1 2 SIDEWALKLA PALMA AVE P R O P E R T Y L I N E 2 9 3 ' - 1 1 " P R O P E R T Y L I N E 2 3 6 . 3 4 ' PROPERTY LINE 157.04' PROPERTY LINE 132.04' ( E ) G A R A G E ( 2 c a r ) ( E ) C A R P O R T ( E ) C A R P O R T (E) LA N D S C A P E ( E ) L A N D S C A P E L A N D S C A P E ( E ) L A N D S C A P E (E) DRIVEWAY(E) DRIVEWAY (E) LANDSCAPE ( E ) D R I V E W A Y ( E ) D R I V E W A Y PL 23'-0" P R O P E R T Y L I N E 5 0 ' - 0 " 75'14'-4"41' ( E ) A D J A C E N T R E S I D E N C E ( E ) A D J A C E N T R E S I D E N C E (E) ADJACENT RESIDENCE 42'-10 1 2" 58' 1 2 8 ' - 1 1 3 4 " 1 0 9 ' - 4 1 2 " 10' N E W C A R P A R K N G 1 1 1 0 0 9 0 8 0 7 0 5 0 6 8'-6"18'Maintain and trim trees at boundary e d g e f o r v i s u a l privacy 0 4 0 3 0 2 0 1 12'-412"14'-4" H O U S E 24'-6"18' 1 2 1 3 1 4 1 5 1 6 1 7 1 8 21 2 2 2 3 2 4 22' 8'-6" B&B SIGNAGE 12' 1 9 2 0 2 5 2 6 2 7 A C C E S S I B L E C A R P A R K L O A D I N G Z O N E D I N I N G A R E A L I V I N G R O O M D I N I N G R O O M K I T C H E N P O R C H B A T H G A M E R O O M 20' 9 ' 1 6 ' - 8 3 4 " 20'20' 20'20' 10'-8"8'-6" 1 : 1 2 1 : 1 2 1 0 ' 1 2 ' 1 0 ' 27'-9"Gates to remain open during businesshours - Gates to be manually operatedoutside of business hours c g m + f o s t e r A N Z I A R E G I S T E R E D A R C H I T E C T S 5 3 2 4 C G M + F o s t e r A r c h i t e c t s L t d | p h + 6 4 4 3 8 5 6 7 5 1 | P O B O X 1 6 0 1 9 W e l l i n g t o n | w w w . c g m f . c o . n z | A R C H I T E C T U R E + U R B A N D E S I G N P R O J E C T C L I E N T D W G D A T E R E V I S I O N P R O J E C T # R E V I S I O N D A T E : S C A L E @ A r c h C D R A W N : C H K D : D W G : A D D R E S S T H E B U I L D E R I S R E S P O N S I B L E F O R T H E S E T T I N G O U T O F T H E W O R K S , T H E C H E C K I N G O F A L L D I M E N S I O N S A N D L E V E L S O N S I T E , A N D T H E R E P O R T I N G O F A N Y D I S C R E P A N C I E S T O T H E A R C H I T E C T P R I O R T O C O M M E N C E M E N T O F W O R K . W O R K S T O C O M P L Y W I T H N Z B C & N Z S T A N D A R D S C O P Y R I G H T O F T H I S D R A W I N G A N D D E S I G N R E M A I N S T H E P R O P E R T Y O F C G M + F o s t e r A r c h i t e c t s L t d . D O N O T S C A L E F R O M T H I S D R A W I N G 2 6 . 0 4 . 2 0 1 7 G : \ C G M + F P R O J E C T \ 2 0 1 6 \ 1 6 3 1 L a P a l m a H o u s e L A \ 3 0 0 D e s i g n D o c u m e n t a t i o n \ 3 5 0 D D D e v e l o p e d D e s i g n \ L a P a l m a D e v e l o p e d D e s i g n - S t a n d a r d V 4 L a P a l m a H o u s e 1 4 3 1 E . L a P a l m a A v e , A n a h e i m C A T a h a r o a T o u r i s m P r o p o s e d S i t e P l a n 1 / 1 6 " = 1 ' - 0 " e m a f 1 6 3 1 A 2 0 1 0 R 3 2 6 . 0 4 . 1 7 SCALE =Proposed Site Plan1/16" = 1'-0"011,602 SF2ND FLOOR:3,860SF HABITABLE FLOOR AREA:2,258 SF PROPOSED - MAIN BUILDING:FIRST FLOOR:NO. OF STORY: 2 STORIESNO. OF BEDROOM: 4 BEDROOMSNO. OF BATHROOM: 5 BATHROOM PARKING TABULATION:0.8 x bedroom numbers = 4 carparks0.25 x employee numbers = 1 carparksTotal req. 13 carparksTotal carparks available = 22 8 spaces per 1,000 SF of Cafe GFA = 8 c a r p a r k s C o n d i t i o n a l U s e P e r m i t A T T A C H M E N T N O . 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1B PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JANUARY 6, 2020 SUBJECT: ZONING CODE AMENDMENT NO. 2019-00162 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: Review a modification to an amendment to Section 18.38.125 (Emergency Shelter and Recuperative Care/Medical Respite) of the Anaheim Municipal Code, previously reviewed by the Planning Commission on November 13, 2019, to allow the City Manager to approve up to 425 new and/or relocated/replaced Emergency Shelter beds. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that this action is exempt from the requirements to prepare additional environmental documentation per Section 15269(c) of the California Environmental Quality Act (CEQA) Guidelines and recommend City Council adoption of the attached revised draft ordinance for Zoning Code Amendment No. 2019-00162. BACKGROUND: On November 13, 2019, the Planning Commission reviewed and unanimously recommended City Council approval of a draft ordinance to allow Transitional and Supportive Housing to co-locate with an Emergency Shelter, subject to an administrative approval, in limited circumstances, or approval of a conditional use permit (CUP). The subject amendment also simplified and streamlined the Code requirements for an Emergency Shelter. Attachment No. 2 provides the November 13, 2019 staff report. PROPOSAL: The proposed modification to the previously reviewed Draft Ordinance would increase the number of Emergency Shelter beds that the City Manager could approve administratively. Mayor Sidhu and Council Members Brandman and Faessel are working on an Ad Hoc Committee to evaluate the need for an additional 50 – 100 temporary shelter beds. To this end, the City recently issued a request for proposals (RFP) to service providers to solicit proposals for a potential third temporary shelter. Given this potentiality, staff is recommending that the number of shelter beds that the City Manager has approval authority over during a Shelter Crisis increase from 325 to 425 new and/or relocated/replaced beds. This would allow the City to establish up to 100 additional shelter beds (above the existing 325) in an expeditious fashion should the City Council elect to do so. The attached Revised Draft Ordinance reflects this proposed change. City Council reviewed and introduced the Revised Draft Ordinance at its meeting on December 17, 2019. ZONING CODE AMENDMENT NO. 2019-00162 January 6, 2020 Page 2 of 2 ANALYSIS: Staff believes that the proposed modification to the Draft Ordinance to increase the number of Emergency Shelter beds that the City Manager can approve of administratively from 325 beds to 425 new and/or relocated/replaced beds would expedite the development of Emergency Shelters that will serve the immediate needs of the City’s homeless population. ENVIRONMENTAL ANALYSIS: Staff recommends that the Planning Commission find that the proposed modification to the Draft Ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to Section 15269(c) of the CEQA Guidelines, the proposed expansion of the City Manager’s approval authority relative to Emergency Shelters is necessary to provide immediate housing solutions during a Shelter Crisis. The time necessary to conduct environmental review would create a risk to public health, safety or welfare; and therefore, pursuant to Section 15269, adoption of this ordinance is not subject to CEQA. CONCLUSION: City Council reviewed and introduced the Revised Draft Ordinance at its meeting on December 17, 2019. Staff recommends that the Planning Commission concur with the Council’s decision to introduce the Revised Draft Ordinance, with the modified language relative to the City Manager’s approval authority over shelter beds, and recommend that the Council adopt said ordinance on January 14, 2020. Prepared and submitted by, Susan Kim Principal Planner Attachments: 1. Revised Draft Ordinance 2. November 13, 2019 Planning Commission Staff Report ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.38 (SUPPLEMENTAL USE REGULATIONS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE RELATING TO EMERGENCY SHELTERS, AND TRANSITIONAL AND SUPPORTIVE HOUSING, AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTIONS 15269(C) AND 15060(C)(2) (ZONING CODE AMENDMENT NO. 2019-00162) (DEV2019-00061) WHEREAS, on September 12, 2017, City Council adopted Resolution No. 2017-140, declaring a public health and safety state of emergency related to the homeless, homelessness and homeless encampments. The resolution directed City staff to take action to provide needed shelter and services for the homeless in our community, and to address unlawful activity within the City and along the Santa Ana River Trail; and WHEREAS, on August 14, 2018, City Council adopted Resolution No. 2018-118 declaring a shelter crisis in accordance with Government Code Section 8698 et seq. (a “Shelter Crisis”) in order to participate in the State’s Homeless Emergency Aid Program (HEAP) established by Senate Bill No. 850 (2017-2018, Reg. Sess.); and WHEREAS, in light of the adoption of Resolution Nos. 2017-140 and 2018-118, the City Council has declared that a Shelter Crisis exists in the City of Anaheim; and WHEREAS, Anaheim is working diligently to care for and assist its homeless population, and has funded the opening of three homeless shelters in the past several months to meet the needs of its homeless residents. Increasing the number of homeless residents in Anaheim, particularly elderly residents who may be in need of medical or other care, could create a public health and safety risk; and WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, the City of Anaheim desires to now update and amend Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) of the City’s Zoning Code to expand the City Manager’s authority during a Shelter Crisis; clarify, simplify and streamline the [DRAFT]ATTACHMENT NO. 1 approval requirements for an Emergency Shelter; and, allow Transitional and Supportive Housing to co-locate with an Emergency Shelter; and WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15269(c) and 15060(c)(2). Pursuant to Section 15269(c) the proposed expansion of the City Manager’s approval authority relative to Emergency Shelters, and Supportive and Transitional Housing, is necessary to provide immediate longer-term housing solutions during the Shelter Crisis, and the time to conduct environmental review would create a risk to public health, safety or welfare. Additionally, the proposed ordinance does not involve any activities that either will directly or indirectly alter the environment from its base today. The proposed amendments to Chapter18.38 (Supplemental Uses) change the approval process during a Shelter Crisis. These changes are largely procedural and technical in nature. The anticipated result is that an Emergency Shelter may be established more quickly and Transitional and Supportive Housing may be co- located with an Emergency Shelter under certain circumstances, but approval of the ordinance would not result in any direct or indirect impact to the environment. Therefore, pursuant to Section 1506(c)(2), adoption of this ordinance is not subject to CEQA. To the extent that an Emergency Shelter or Transitional and Supportive Housing project contemplates new construction, this ordinance would only facilitate the use of that structure as an Emergency Shelter or Transitional and Supportive Housing and not grant any other permissions for the construction than would otherwise be allowed. CEQA review would occur during the processing of a Conditional Use Permit application. Furthermore, any minor construction resulting from this ordinance would likely be categorically exempt pursuant to State CEQA Guidelines Section 15332 (in-fill development) and/or State CEQA Guidelines Section 15304 (minor alterations to land). WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 18.38.125 (Emergency Shelters) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.125 EMERGENCY SHELTERS AND RECUPERATIVE CARE/MEDICAL RESPITE. An Emergency Shelter, as defined in Section 50801(e) of the California Health and Safety Code, and/or Recuperative Care/Medical Respite Uses, as defined by subsection .180 of Section 18.36.040 (Non-residential Primary Use Classes) of Chapter 18.36(Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, shall comply with all of the following provisions: .010 Location. An Emergency Shelter and/or Recuperative Care/Medical Respite use that meets the Separation, Approval, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) may locate on any parcel: .0101 Designated by the General Plan for Industrial land use; and, .0102 Within the Industrial (I) Zone or Development Areas 1 and 2 of the Anaheim Canyon Specific Plan No. 2015-01 (SP2015-01) Zone. .0103 Supportive and Transitional Housing, as defined by subsection .070 and .080 of Section 18.36.030 (Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, may be co-located with an Emergency Shelter, subject to the requirements of subsection 18.38.125.080 (Transitional and Supportive Housing) of this Chapter 18.38 (Supplemental Use Regulations). .020 Separation. An Emergency Shelter and/or Recuperative Care/Medical Respite use is prohibited on parcels that meet any of the criteria below, unless otherwise approved by a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required). .0201 Parcels within 300 feet, measured from the property line, from any other Emergency Shelter and/or Recuperative Care/Medical Respite use, .0202 Parcels within 1000 feet, measured from the property line, from any property designated for residential use by the Anaheim General Plan, including any mixed-use designation that permits residential uses, .0203 Parcels within 1000 feet, measured from the property line, from any public or private school serving a minor population, any day-care center and any assisted-living facility. .030 Approval. The following shall be the approval process for an Emergency Shelter and/or Recuperative Care/Medical Respite use that meets the Location, Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite): .0301 A single Emergency Shelter housing up to 50 occupants, a single Recuperative Care/Medical Respite use housing up to 50 occupants, or a combination of multiple Emergency Shelters and/or Recuperative Care/Medical Respite uses with a combined capacity not to exceed 50 occupants, shall be a permitted use. .0302 Approval of an Emergency Shelter during a Shelter Crisis. The City Manager is the approval authority for the first 425 shelter beds developed in a single Emergency Shelter or combination of Emergency Shelters following the City Council’s adoption of Resolution No. 2018- 118 (“Shelter Crisis”). .01 The City Manager’s approval shall be, pursuant to a written agreement with the property owner or Emergency Shelter Operator, which must include a detailed Operations Plan for the proposed shelter(s). .02 The City Manager may also approve the relocation/replacement of the first 425 shelter beds, permitted during a Shelter Crisis, in another Emergency Shelter or combination of Emergency Shelters. The City Manager’s approval of relocation/replacement beds shall be pursuant to a written agreement with the property owner or Emergency Shelter Operator, which must include a description of how the relocation/replacement will be sequenced, including the date the existing beds will cease to be in use and the date the relocated/replaced beds will be in use. In addition, the property owner or Emergency Shelter Operator shall submit a detailed Operations Plan for the proposed new location of shelter(s) which outlines the property owner’s or Emergency Shelter Operator’s plans to comply with the Separation, Facility, and Operations Plan requirements of this Section 18.38.125. .0303 Religious and Community Assembly Uses may establish on site Emergency Shelters for up to 50 occupants without the need to amend an existing conditional use permit or apply for a new conditional use permit. .0304 Any other Emergency Shelter and/or Recuperative Care/Medical Respite use shall be subject to approval of a Conditional Use Permit consistent with Chapter 18.66 (Conditional Use Permits). .0305 The Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) may be modified through the approval of a conditional use permit consistent with Chapter 18.66(Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required). .040 Facility. All Emergency Shelters and/or Recuperative Care/Medical Respite uses shall comply with Title 15 (Buildings and Housing) of the Anaheim Municipal Code, and the following requirements, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required): .0401 Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments. .0402 Waiting area. A waiting area shall be provided to accommodate all potential clients prior to and during the intake process. The waiting area may be located either inside or outside of the facility and shall be of a sufficient size to accommodate clients of the facility. If the waiting area is located outside of the Emergency Shelter building, the area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6- foot tall screening of mature landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide shade and protection from the elements. .0403 Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall screened by landscaping or by a minimum 6-foot tall decorative masonry wall. .0404 Kitchen facilities and a designated dining area shall be provided for the preparation and serving of meals for clients and staff. .0405 The facility may provide the following services; however, these services shall be in a designated area separate from sleeping areas: .01 Indoor and outdoor recreation facilities. .02 A counseling center for job placement and/or educational, legal, or mental and physical health services. .03 Laundry facilities to serve the clients at the shelter. .04 Other similar facilities and services geared towards the needs of homeless clients. .050 Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning and Building Director and Police Chief, or their designee, prior to the operation of the Emergency Shelter, or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director or Chief. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following: .0501 Staffing and Volunteers. The Operations Plan shall indicate the maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty- four (24) hour period and a justification for the proposed staffing levels. The proposed staffing shall include: .01 24-hour security. Security staffing for both on and off-site needs. .02 Staff and Volunteer Training. A training program shall be developed for staff and volunteers to provide adequate knowledge and skills necessary to assist clients to advance in the continuum of care. .0502 Admittance and Discharge Procedures. The Operations Plan shall describe the proposed system for daily admittance and discharge procedures. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region’s current Homeless Management Information System. .0503 Communications and Outreach. The Operations Plan shall describe the efforts that will be made by the operator to maintain good communication and respond to operational issues, which may arise from the neighborhood, City staff, or the general public. .0504 Prohibition of alcohol and narcotics use. The Operations Plan shall indicate that the facility shall prohibit alcohol and narcotics use on premises and describe the measures that the operator will take to enforce this prohibition. .0505 Loitering control. The Operations Plan shall describe the measures the operator will implement to minimize the congregation of clients in the vicinity of the facility. .0506 Litter control. The Operations Plan shall describe the measures that the facility will take to remove any litter and trash attributable to the clients within the vicinity of the facility. .060 Additional Findings Required. Before the approval authority, or City Council on appeal, may approve modifications to the requirements of this Section through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits), it must make a finding of fact, by resolution or written decision, that the evidence presented shows that the following conditions exists: .0601 That the City Council has declared that a shelter crisis exists pursuant to California Government Code Section 8698 et seq., as the same may be amended from time to time; .0602 That strict compliance with the requirements of this Separation, Facility and Operation Plan requirements of this Section would prevent, hinder, or delay the City’s participation in the Homeless Emergency Aid Program established by Senate Bill 850 (2017-2018 Reg. Sess.) and/or the mitigation of the effects of a Shelter Crisis. .070 Recuperative Care/Medical Respite. Recuperative Care/Medical Respite uses shall be subject to the following requirements: .0701 Operator. The name of the Operator of the Recuperative Care/Medical Respite use shall be provided along with a summary of the Operator’s experience operating similar facilities. The Operator shall comply with all State and/or Federal licensing requirements and the standards specified in the latest version of the Standards for Recuperative Care/Medical Respite Programs, prepared by the National Health Care for the Homeless Council. A conditional use permit shall not be granted for a Recuperative Care/Medical Respite use without an Operator identified at the time of application submittal. .0702 Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning and Building Director, or their designee, prior to the operation of the Recuperative Care/Medical Respite facility, or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits): .01 Community, Government, or Licensed Medical Facility Agreement. A Memorandum of Understanding (MOU) or other written agreement with a local area community, government, or licensed medical facility that establishes a reciprocal relationship for referring and admitting patients between the medical facility and the Recuperative Care/Medical Respite facility. .02 Access to Oxygen. A description of the Recuperative Care/Medical Respite facility’s access to oxygen and plan for providing oxygen to occupants of the facility. .03 Staffing Levels. A detailed description of the number and type of employees and contract staff, including on-call medical staff, of the Recuperative Care/Medical Respite facility. .0703 Client Eligibility. The Operator shall provide short term care and case management to individuals who are homeless or at risk of being homeless who have been referred by or discharged from a government, community or licensed medical facility, and who are recovering from an acute illness or injury that does not necessitate hospitalization during recovery. All clients shall be transported to the Recuperative Care/Medical Respite use by the referring agency, Operator or family members. No “walk-in” clients shall be accepted at the facility. .0704 Six (6) Month Review. Recuperative Care/Medical Respite uses shall be subject to a six (6) month review, commencing from the date of occupancy of a facility, as follows: .01 Up to fifty (50) occupants. Facilities with up to fifty (50) occupants shall be subject to review by the Planning and Building Director. Surrounding properties within a 500-foot radius of the subject property shall be notified ten (10) days advance of the Planning and Building Director’s review. Future compliance reviews may be required if significant violations are identified. The applicant shall pay for the cost of staff’s processing of the review. The Planning and Building Director may refer applications for facilities with up to fifty (50) occupants to the Planning Commission in accordance with Section 18.60.080 (Planning Director Reviews). .02 Over fifty (50) occupants. Facilities with over fifty (50) occupants shall be subject to review by the Planning Commission. Planning and Building Department staff shall submit to the Planning Commission a “Reports and Recommendations” (R&R) item in order to verify that an approved Recuperative Care/Medical Respite use is operating without negative impacts to the surrounding neighborhood. Surrounding properties within a 500-foot radius of the property shall be notified ten (10) days in advance of the Planning Commission meeting and the applicant shall pay for the cost of processing the R&R item. Future compliance reviews may be required if significant violations are identified or if required by the Planning Commission. Additional conditions of approval may be added as determined appropriate. .080 Supportive and Transitional Housing. Supportive and Transitional Housing, as defined by subsection .070 and .080 of Section 18.36.030 (Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, may be co-located with an Emergency Shelter subject to the requirements of this Section 18.38.125 including approval of a Memorandum of Understanding (MOU) and a Conditional Use Permit (CUP), with the exception of a units approved during a Shelter Crisis, as further described below. .0801 Approval of Supportive and Transitional Housing during a Shelter Crisis. The City Manager is the approval authority for the first 100 units of Supportive and Transitional Housing co-located with an Emergency Shelter following the City Council’s adoption of Resolution No. 2018-118 (“Shelter Crisis”). The City Manager’s approval shall be pursuant to a written agreement with the property owner or housing operator, which must include a detailed Operations Plan for the proposed housing prepared pursuant to the requirements of paragraph 18.38.125.080.0810. .0802 Memorandum of Understanding (MOU) Required. The permitted location and distribution of Supportive and/or Transitional Housing units proposed to be co-located with an Emergency Shelter, pursuant to subsection 18.38.125.080, shall be determined on a project-by- project basis by the City Council through a MOU between the applicant and the City to ensure the equitable and appropriate distribution of units throughout the city in relation to other forms of housing and services offered to the intended target population. The applicant shall enter into the MOU with the City prior to the Planning Commission’s review of the CUP application. The applicant shall request an MOU by submitting a Development Application to the Planning and Building Department. The application shall include a Preliminary Site Plan and Project Description that describe the following: .01 Target population .02 Maximum number of residents. .02 Maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty-four (24) hour period. .04 Maximum number of units .05 Maximum number of bedrooms in the proposed units .06 Size and type of common areas, including recreational/leisure areas and kitchen facilities/dining areas. .07 Preliminary plan for funding and providing “Wrap around and Supportive Services” .0803 Conditional Use Permit Required. Following, or concurrent with, a request for approval of an MOU for Supportive and/or Transitional Housing proposed to be co-located with an Emergency Shelter, the property owner shall submit a Development Application for approval of a CUP consistent with Chapter 18.66 and the requirements of this subsection 18.38.125.080 (Transitional and Supportive Housing). The CUP will not be reviewed by Planning Commission prior to the City Council’s approval of the MOU. The Development Application shall include plans and documents to establish the following: .01 Development Standards. Plans shall demonstrate compliance with the underlying Zone in which the property is located. Any modification of these development standards, including, but not limited to, parking as required by 18.42 (Parking and Loading), shall be processed as part of the CUP and meet the findings in 18.38.125.080.0802. The applicant shall provide justification for any modification of standards as part of the Development Application. .02 Design Considerations. Plans shall demonstrate consistency with the General Plan Community Design Element and the City of Anaheim Affordable Housing Development Residential Design Guidelines. .03 Maximum Occupancy. The CUP shall establish and memorialize the total maximum occupancy for all staff, volunteers and residents of the Supportive and/or Transitional Housing units. .04 Operations Plan. The Development Application shall include a preliminary Operations Plan prepared pursuant to the requirements of paragraph 18.38.125.080.0810. The Planning and Building Director, and/or their designee, shall approve the final Operations Plan prior to issuance of Building Permits. .0804 Conditional Use Permit Findings. Approval of the CUP is subject to the required findings pursuant to Chapter 18.66 (Conditional Use Permits), and the following findings: .01 The Supportive and/or Transitional Housing proposed meets all of the provisions of this section; and, (1) achieves a high level of livability for residents, (2) is designed and would be operated in such a manner as to be compatible with surrounding uses, and (3) is consistent with the City’s goals and policies to address homelessness and find creative housing solutions. .02 The Supportive and/or Transitional Housing proposed in accordance with this section must demonstrate the living units are of sufficient size and design to provide a quality living environment, and the project includes common recreation and community facilities such as, but not limited to, community rooms, community gardens, facilities for pets, barbeque areas, and active and passive recreation areas. .03 The project site is reasonably accessible to necessary services, including grocery stores (ideally within one mile), transit stops (ideally within half mile), and medical facilities (ideally within one mile) and/or that shuttle service will be provided by the operator to such services. .0805 Affordability Covenant. Prior to issuance of building permits, the property owner(s) shall execute and record affordability covenants with the City of Anaheim, agreeing to the requirements of this section. The covenants shall be acceptable to, and approved by, the Community and Economic Development Department and the City Attorney's Office, and shall include, but need not be limited to, the following provisions: .01 Identification of the affordable units. .02 The initial rent for each unit. .03 The method of calculating periodic rental increases. .04 A minimum term of thirty (30) years on the control of rent for the housing units or other specified term as may be required by the project funding. .05 The right of the Community and Economic Development Department to supply, or otherwise approve, the qualifications of the low-income households who will rent the housing units. .0806 Affordability Mix. The affordability mix for Supportive and Transitional Housing shall be dictated by the affordable housing funding program requirements and as approved by the Community and Economic Development Department pursuant to a written agreement and the affordability covenants required in subsection 18.38.125.080.0807. .01 The term “Extremely Low Income Households,” as used in this section shall mean households having an income not exceeding thirty percent (30%) of the median family income, adjusted for family size. .02 The term “Very Low Income Households,” as used in this section shall mean households having an income not exceeding fifty percent (50%) of the median family income, adjusted for family size. .03 The term “Low Income Households,” as used in this section shall mean households having an income not exceeding sixty percent (60%) of the median family income, adjusted for family size. .0807 Maximum Rents. Maximum rents shall be determined by the applicable affordable housing funding programs. To the extent of an inconsistency between or among the funding programs relating to affordable rent and other covenants or agreements applicable to the project, the most restrictive covenants or agreement regarding the affordable rent for the housing units in the project shall prevail. .0808 Anaheim Preference. Offering and maintaining an Anaheim preference is a priority for the City. The following provisions shall apply: .01 At a minimum, for the purposes of admissions into a unit, an Anaheim preference shall apply to the greater of a proportionate share of Supportive and/or Transitional Housing units at the site when there is a combination of funding sources for said units, such as government sponsored funds. .02 When Anaheim funding is the only or primary source of gap funding, a live/work preference shall apply to all assisted units. .03 For potential residents who are homeless at the time of application, an Anaheim preference may be granted if the individuals can demonstrate a connection to Anaheim as outlined in admissions guidelines established for the Anaheim Housing Choice Voucher (HCV) Program. .04 For the purposes of this paragraph 18.38.125.080.0807, the application process begins upon receipt of a referral to an open unit, which includes an imminent opening at the property that an individual is considering. In order to be eligible for a preference at the time of referral, potential residents must be able to demonstrate an Anaheim connection in order to be eligible for a preference at the time of referral. .05 The Anaheim preference shall be memorialized in the Affordability Covenant. .0809 Marketing and Tenant Selection Plan Required. Prior to occupancy of any Supportive and/or Transitional Housing Unit, a Marketing and Tenant Selection Plan shall be submitted to and approved by the Community and Economic Development Department. The Plan shall outline steps to be taken to affirmatively market housing units at the project. Procedures shall address outreach to stakeholders who interface with the target population for this type of housing and as needed, address language issues. All procedures must be in compliance with federal fair housing laws and include recordkeeping methods that will permit the Community and Economic Development Department to audit compliance in this area. Changes to the Plan are subject to the review and approval of and must be submitted to and approved by the Community and Economic Development Department prior to implementation of such a change. .0810 Operations Plan. The Operations Plan shall be a detailed plan and strategy for the long- term operation, maintenance, repair, security, social/supportive services, marketing of the project, method of selection of tenants, rules and regulations for tenants, and other rental and operational policies for the project. The Operations Plan may be required to address additional specific needs as identified by the Planning and Building Director and the Police Chief. The approved Operations Plan shall remain active throughout the life of the facility. Any modifications to the Operations Plan shall require approval of the Planning and Building Director and the Police Chief. At a minimum, the Operations Plan shall contain provisions addressing the following: .01 Staffing. The operations plan shall indicate the maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty-four (24) hour period and a justification for the proposed staffing levels. The proposed staffing shall include: a) An on-site manager. The operations plan shall include a detailed description of the manager’s duties and responsibilities to ensure the proper and orderly operation of the facility in a manner that serves the needs of residents, staff, and service providers while minimizing potential impacts on surrounding uses. b) 24-hour security staffing for both on and off-site needs. The on-site manager may provide the security staffing, subject to the approval of the Police Chief. .02 Funding and provision of Wrap-Around Supportive Services for the residents. The term “Wrap-Around Supportive Services” shall mean a holistic program of support services provided as an ancillary use to Transitional and Supportive Housing to stabilize an individual or a family. The services can be provided in a collaborative manner by a number of organizations and commonly include services related to mental health, counseling, medical care, drug rehabilitation, parenting, budgeting and life skills, and educational and job training. .03 Communications and Outreach. The operations plan shall describe the efforts that will be made by the operator to maintain good communication and respond to operational issues, which may arise from the neighborhood, City staff, or the general public. .04 Lo itering control. The operator shall describe the measures that it will implement to minimize the congregation of residents near the facility. .05 Litter control. The operator shall describe the measures that the facility will take to remove any litter and trash attributable to the clients within the vicinity of the facility. SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2019, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 20__, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 135555 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 13, 2019 SUBJECT: ZONING CODE AMENDMENT NO. 2019-00162 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim Municipal Code (Code) to modify Section 18.38.125 (Emergency Shelter and Recuperative Care/Medical Respite) of Chapter 18.38 (Supplemental Use Regulations) to allow Transitional and Supportive Housing to co-locate with an Emergency Shelter, subject to the approval of an administrative approval in limited circumstances or approval of a conditional use permit (CUP). RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that the proposed actions are not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15269(c) and 15060(c)(2) of the CEQA Guidelines; and, recommend City Council approval of Zoning Code Amendment No. 2019-00162. BACKGROUND: In September 2017, City Council adopted Resolution No. 2018-118, declaring a public health and safety state of emergency related to the homeless, homelessness and homeless encampments (a “Shelter Crisis”). As part of its actions to address this emergency, Council amended the City’s Emergency Shelter regulations to facilitate the establishment of Emergency Shelters within Anaheim. In January 2018, Council approved a resolution embracing the “Housing First Model,” which outlines the necessary steps for people experiencing homelessness to move from Emergency Shelters to longer-term housing, including Transitional and Supportive Housing, sometimes referred to as a “continuum of care.” In June 2019, Council adopted an ordinance to facilitate the conversion of existing motels and other commercial and office structures within the C-G Zone to Transitional and Supportive Housing, subject to approval of a CUP. Subsequent to the adoption of the ordinance, on August 5, 2019, Planning Commission approved a request for a CUP to allow the conversion of an existing 70-room motel (Econolodge) into a 70-unit Supportive Housing development. In addition to the above actions, staff has also been in discussion with, and recently received an application from, The Salvation Army for its “Center of Hope.” As currently proposed, this facility would include both an Emergency Shelter and Supportive Housing co-located together on the same property. The Anaheim Municipal Code does not currently allow these two uses to co-locate. In order to provide the opportunity for the City to consider the Center of Hope’s application, and/or any other similar facility, the ATTACHMENT NO. 2 ZONING CODE AMENDMENT NO. 2019-000162 November 13, 2019 Page 2 of 6 Planning and Building Director gave direction to staff to prepare a draft ordinance to amend the Zoning Code to allow the co-location of these uses. PROPOSAL AND ANALYSIS: The proposed Code amendment would expand the City Manager’s authority during a Shelter Crisis; clarify, simplify and streamline the requirements for an Emergency Shelter; and, allow Transitional and Supportive Housing to co-locate with an Emergency Shelter. The proposed amendments were identified through outreach to service providers and staff experience with the construction and operation of the Kraemer, La Mesa, and Salvation Army Shelters. Emergency Shelters The proposed Code amendment would expand the City Manager’s authority during a Shelter Crisis. Currently, the City Manager has the authority to approve the first 325 shelter beds developed in a single Emergency Shelter or combination of Emergency Shelters during a Shelter Crisis. The City Manager has used this authority to approve the 101-bed La Mesa Shelter and the Salvation Army’s 224-bed temporary shelter. The proposed Code amendment would expand this authority, during a Shelter Crisis, to include approval authority over any relocation/replacement of the first 325 shelter beds in another Emergency Shelter or combination of Emergency Shelters. The City Manager’s approval of relocation/replacement beds would be pursuant to a written agreement with the property owner or Emergency Shelter Operator, which would include a description of how the relocation/replacement will be sequenced, including the date the existing beds will cease to be in use and the date the relocated/replaced beds will be in use. In addition, the property owner or Emergency Shelter Operator would be required to submit a detailed Operations Plan for the proposed new location of shelter(s) which outlines the property owner’s or Emergency Shelter Operator’s plans to comply with the required Separation, Facility, and Operations Plan requirements. In addition, the proposed amendment also includes minor modifications to clarify, simplify and streamline the requirements for any Emergency Shelter. Supportive and Transitional Housing The proposed Code amendment would allow the City Manager approval authority over the first 100 units of Supportive and Transitional Housing that are proposed to be co-located with an Emergency Shelter during a Shelter Crisis. The City Manager’s approval would be pursuant to a written agreement with the property owner or housing operator, which must include a detailed Operations Plan. Following the City Manager’s approval of the agreement, the Community and Economic Development Department would require an Affordability Covenant to be executed prior to issuance of building permits, and approval of a Marketing and Tenant Selection Plan, prior to building occupancy. All other Supportive and Transitional Housing proposed to be co-located with an Emergency Shelter would be subject to the approval of a Memorandum of Understanding (MOU), CUP, Affordability Covenant, Marketing and Tenant Selection Plan and Operations Plan. Each of these requirements are described in detail below. The first step in the approval process to co-locate Transitional and Supportive Housing with an Emergency Shelter would be the approval of a Memorandum of Understanding (MOU) by the City Council. The applicant would request an MOU by submitting a Development Application to the Planning and Building Department. The application would include a preliminary site plan and project description that describe the following: ZONING CODE AMENDMENT NO. 2019-000162 November 13, 2019 Page 3 of 6 1. Target population 2. Maximum number of residents. 3. Maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty-four (24) hour period. 4. Maximum number of units 5. Maximum number of bedrooms in the proposed units 6. Size and type of common areas, including recreational/leisure areas and kitchen facilities/dining areas. 7. Preliminary plan for funding and providing “Wrap around and Supportive Services” Following Council’s approval of the MOU, the applicant would submit detailed plans for the CUP to demonstrate: 1. Compliance with the development standards of the Zone in which it is located. 2. Consistency with the General Plan Community Design Element and the City of Anaheim Affordable Housing Development Residential Design Guidelines. The CUP application would also include a justification for the proposed project including information and details on plans to help the Planning Commission reach the required findings for approval of the project. Staff describes these findings later in the report. In addition, the CUP application would also include a preliminary Operations Plan that would describe the plan and strategy for the long-term operation, maintenance, repair, security, social/supportive services, marketing of the project, method of selection of tenants, rules and regulations for tenants, and other rental and operational policies for the project. The Operations Plan may be required to address additional specific needs as identified by the Planning and Building Director and Police Chief. The preliminary Operations Plan would describe these operations to the best of the applicant’s knowledge, at time of application. The Planning Commission would review the preliminary Operations Plan as part of its review of the CUP. The applicant would submit a final Operations Plan for review and approval by the Planning and Building Director and Police Chief, or their designee, prior to issuance of building permits. The approved Operations Plan would remain active throughout the life of the facility. Any modifications to the Operations Plan would require approval of the Planning and Building Director and the Police Chief. At a minimum, the Operations Plan would address the following: 1. Staffing. The Operations Plan would indicate the maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a 24-hour period and a justification for the proposed staffing levels. The proposed staffing would be required to include an on-site manager and 24-hour security staffing for both on and off-site needs. ZONING CODE AMENDMENT NO. 2019-000162 November 13, 2019 Page 4 of 6 2. Funding and Provision of Wrap-Around Supportive Services for the residents. The term “Wrap-Around Supportive Services” means a holistic program of support services provided as an ancillary use to Transitional and Supportive Housing to stabilize an individual or a family. The services can be provided in a collaborative manner by a number of organizations and commonly include services related to mental health, counseling, medical care, drug rehabilitation, parenting, budgeting and life skills, and educational and job training. 3. Communications and Outreach. The Operations Plan would describe the efforts that the operator will make to maintain good communication and respond to operational issues, which may arise from the neighborhood, City staff, or the public. 4. Loitering control. The operator would describe the measures that it will implement to minimize the congregation of residents near the facility. 5. Litter control. The operator would describe the measures that the facility will take to remove any litter and trash attributable to the clients within the vicinity of the facility. Once staff has deemed that the CUP application is complete, the City, acting as the Lead Agency, would prepare any environmental documentation necessary to comply with CEQA. Approval of the CUP would be subject to the required findings for a CUP: 1. The proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 2. 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; 3. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 4. The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The following additional findings would also be required: 1. The Supportive and/or Transitional Housing proposed meets all Code requirements; and, (1) achieves a high level of livability for residents, (2) is designed and would be operated in such a manner as to be compatible with surrounding uses, and (3) is consistent with the City’s goals and policies to address homelessness and find creative housing solutions. 2. The Supportive and/or Transitional Housing proposed has living units that are of sufficient size and design to provide a quality living environment, and the project includes common recreation and community facilities such as, but not limited to, community rooms, community gardens, facilities for pets, barbeque areas, and active and passive recreation areas. 3. The project site is reasonably accessible to necessary services, including grocery stores (ideally within one mile), transit stops (ideally within half mile), and medical facilities (ideally within one mile) and/or that shuttle service will be provided by the operator to such services. ZONING CODE AMENDMENT NO. 2019-000162 November 13, 2019 Page 5 of 6 If the Planning Commission cannot make these findings, the Commission could deny the project or continue its decision to a later meeting, at which time the applicant could provide additional information in support of the findings. The Planning Commission’s decision would be final 10 days following the approval or denial unless otherwise appealed to the City Council. As described above, following the approval of the CUP, and prior to issuance of building permits, the applicant would submit the final Operations Plan for review and approval by the Planning and Building Director and the Police Chief. In addition, prior to issuance of building permits, the property owner would need to execute and record affordability covenants with the City of Anaheim. The covenants would need to be acceptable to, and approved by, the Community and Economic Development Department and the City Attorney's Office, and include, but need not be limited to, the following provisions: 1. Identification of the affordable units. 2. The initial rent for each unit. 3. The method of calculating periodic rental increases. 4. A minimum term of 30 years on the control of rent for the housing units or other specified term, as may be required by the project funding. 5. The right of the Community and Economic Development Department to supply, or otherwise approve, the qualifications of the low-income households who will rent the housing units. 6. That an Anaheim preference would apply to the greater of a proportionate share of Supportive and/or Transitional Housing units when there is a combination of funding sources for said units, such as government-sponsored funds. Finally, prior to occupancy of any Supportive and/or Transitional Housing Unit, the applicant would submit a Marketing and Tenant Selection Plan to the Community and Economic Development Department. The Plan would outline steps that the applicant would take to market housing units at the project. Changes to the Plan would be subject to the review and approval of the Community and Economic Development Department prior to implementation of such a change. Planning Services Division staff has conferred with an interdepartmental team and representatives of The Salvation Army to prepare the proposed Code amendment. Staff believes that the proposed requirements will meet the needs of the both the applicant, staff, and the surrounding community, while providing flexibility to scale and develop a range of Supportive and Transitional Housing that could co-locate with an Emergency Shelter. ZONING CODE AMENDMENT NO. 2019-000162 November 13, 2019 Page 6 of 6 ENVIRONMENTAL ANALYSIS: Staff recommends that the Planning Commission find that the proposed ordinance is not subject to the California Environmental Quality Act (CEQA). This determination is pursuant to Section 15269(c) and 15060(c)(2) of the CEQA Guidelines. Pursuant to Section 15269(c) the proposed expansion of the City Manager’s approval authority relative to Emergency Shelters, and Supportive and Transitional Housing, is necessary to provide immediate longer-term housing solutions during the Shelter Crisis, and the time to conduct environmental review would create a risk to public health, safety or welfare. Additionally, the proposed ordinance does not involve any activities that either will directly or indirectly alter the environment from its base today. The proposed amendments to Chapter18.38 (Supplemental Uses) change the approval process during a Shelter Crisis. These changes are largely procedural and technical in nature. The anticipated result is that an applicant for an Emergency Shelter could establish the shelter more quickly and co-locate Transitional and Supportive Housing with an Emergency Shelter under certain circumstances, but approval of the ordinance would not result in any direct or indirect impact to the environment. Therefore, pursuant to Section 1506(c)(2), adoption of this ordinance is not subject to CEQA. To the extent that an Emergency Shelter or Transitional and Supportive Housing project contemplates new construction, this ordinance would only facilitate the use of that structure as an Emergency Shelter or Transitional and Supportive Housing and not grant any other permissions for the construction than would otherwise be allowed. CEQA review would occur during the processing of a Conditional Use Permit application. Furthermore, any minor construction resulting from this ordinance would likely be categorically exempt pursuant to State CEQA Guidelines Section 15332 (in-fill development) and/or State CEQA Guidelines Section 15304 (minor alterations to land). CONCLUSION: Staff recommends approval of this request, as it will allow opportunities to provide a continuum of care for people experiencing homelessness, to co-locate on sites where the Code currently permits Emergency Shelters. Prepared and submitted by, Susan Kim Principal Planner Attachments: 1. Draft Ordinance 2. PC Staff Report - September 4, 2019 3. PC Staff Report - September 30, 2019 4. PC Staff Report - October 28, 2019 1 REDLINED TO SHOW REVISIONS TO CURRENT MUNICIPAL CODE ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.38 (SUPPLEMENTAL USE REGULATIONS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE RELATING EMERGENCY SHELTERS, AND TRANSITIONAL AND SUPPORTIVE HOUSING, AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTIONS 15269(C) AND 15060(C)(2). (ZONING CODE AMENDMENT NO. 2019-00162) (DEV2019-00061) WHEREAS, on September 12, 2017, City Council adopted Resolution No. 2017-140, declaring a public health and safety state of emergency related to the homeless, homelessness and homeless encampments. The resolution directed City staff to take action to provide needed shelter and services for the homeless in our community, and to address unlawful activity within the City and along the Santa Ana River Trail; and WHEREAS, on August 14, 2018, City Council adopted Resolution No. 2018-118 declaring a shelter crisis in accordance with Government Code Section 8698 et seq. (a “Shelter Crisis”) in order to participate in the State’s Homeless Emergency Aid Program (HEAP) established by Senate Bill No. 850 (2017-2018, Reg.Sess.); and WHEREAS, in light of the adoption of Resolution Nos. 2017-140 and 2018-118, the City Council has declared that a Shelter Crisis exists in the City of Anaheim; and WHEREAS, Anaheim is working diligently to care for and assist its homeless population, and has funded the opening of three homeless shelters in the past several months to meet the needs of its homeless residents. Increasing the number of homeless residents in Anaheim, particularly elderly residents who may be in need of medical or other care, could create a public health and safety risk; and WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and [DRAFT]ATTACHMENT NO. 1 2 WHEREAS, the City of Anaheim desires to now update and amend Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) of the City’s Zoning Code to expand the City Manager’s authority during a Shelter Crisis; clarify, simplify and streamline the approval requirements for an Emergency Shelter; and, allow Transitional and Supportive Housing to co-locate with an Emergency Shelter; and WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15269(c) and 15060(c)(2). Pursuant to Section 15269(c) the proposed expansion of the City Manager’s approval authority relative to Emergency Shelters, and Supportive and Transitional Housing, is necessary to provide immediate longer-term housing solutions during the Shelter Crisis, and the time to conduct environmental review would create a risk to public health, safety or welfare. Additionally, the proposed ordinance does not involve any activities that either will directly or indirectly alter the environment from its base today. The proposed amendments to Chapter18.38 (Supplemental Uses) change the approval process during a Shelter Crisis. These changes are largely procedural and technical in nature. The anticipated result is that an Emergency Shelter may be established more quickly and Transitional and Supportive Housing may be co- located with an Emergency Shelter under certain circumstances, but approval of the ordinance would not result in any direct or indirect impact to the environment. Therefore, pursuant to Section 1506(c)(2), adoption of this ordinance is not subject to CEQA. To the extent that an Emergency Shelter or Transitional and Supportive Housing project contemplates new construction, this ordinance would only facilitate the use of that structure as an Emergency Shelter or Transitional and Supportive Housing and not grant any other permissions for the construction than would otherwise be allowed. CEQA review would occur during the processing of a Conditional Use Permit application. Furthermore, any minor construction resulting from this ordinance would likely be categorically exempt pursuant to State CEQA Guidelines Section 15332 (in-fill development) and/or State CEQA Guidelines Section 15304 (minor alterations to land). WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 18.38.125 (Emergency Shelters) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Additions to the existing requirements are in bold red. Deletions are in red strikethrough. 18.38.125 EMERGENCY SHELTERS AND RECUPERATIVE CARE/MEDICAL RESPITE. An Emergency Shelter, as defined in Section 50801(e) of the California Health and Safety Code, and/or Recuperative Care/Medical Respite Uses, as defined by subsection .180 of Section 18.36.040 (Non-residential Primary Use Classes) of Chapter 18.36(Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, shall comply with all of the following provisions: .010 Location. An Emergency Shelter and/or Recuperative Care/Medical Respite use that meets the Separation, Approval, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) may locate on any parcel: .0101 Designated by the General Plan for Industrial land use; and, .0102 Within the Industrial (I) Zone or Development Areas 1 and 2 of the Anaheim Canyon Specific Plan No. 2015-01 (SP2015-01) Zone. .0103 Supportive and Transitional Housing, as defined by subsection .070 and .080 of Section 18.36.030 (Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, may be co-located with an Emergency Shelter, subject to the requirements of subsection 18.38.125.080 (Transitional and Supportive Housing) of this Chapter 18.38 (Supplemental Use Regulations). .020 Separation. An Emergency Shelter and/or Recuperative Care/Medical Respite use is prohibited on parcels that meet any of the criteria below, unless otherwise approved by through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required). .0201 Parcels within 300 feet, measured from the property line, from any other Emergency Shelter and/or Recuperative Care/Medical Respite use, .0202 Parcels within 1000 feet, measured from the property line, from any property designated for residential use by the Anaheim General Plan, including any mixed-use designation that permits residential uses, .0203 Parcels within 1000 feet, measured from the property line, from any public or private school serving a minor population, any day-care center and any assisted-living facility. .030 Approval. The following shall be the approval process for an Emergency Shelter and/or Recuperative Care/Medical Respite use that meets the Location, Separation, Facility and 4 Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite): .0301 A single Emergency Shelter housing up to 50 occupants, a single Recuperative Care/Medical Respite use housing up to 50 occupants, or a combination of multiple Emergency Shelters and/or Recuperative Care/Medical Respite uses with a combined capacity not to exceed 50 occupants, shall be a permitted use. .0302 Approval of an Emergency Shelter during a Shelter Crisis. The City Manager is the approval authority for the The first 325 shelter beds developed in a single Emergency Shelter or combination of Emergency Shelters following the City Council’s adoption of Resolution No. 2018- 118 (“Shelter Crisis”). .01 are permitted if approved by the The City Manager’s approval shall be, pursuant to a written agreement with the property owner or Emergency Shelter Operator, which must include a detailed Operations Plan for the proposed shelter(s). .02 The City Manager may also approve the relocation/replacement of the first 325 shelter beds, permitted during a Shelter Crisis, in another Emergency Shelter or combination of Emergency Shelters. The City Manager’s approval of relocation/replacement beds shall be pursuant to a written agreement with the property owner or Emergency Shelter Operator, which must include a description of how the relocation/replacement will be sequenced, including the date the existing beds will cease to be in use and the date the relocated/replaced beds will be in use. In addition, the property owner or Emergency Shelter Operator shall submit a detailed Operations Plan for the proposed new location of shelter(s) which outlines the property owner’s or Emergency Shelter Operator’s plans to comply with the Separation, Facility, and Operations Plan requirements of this Section 18.38.125. .0303 Religious and Community Assembly Uses may establish on site Emergency Shelters for up to 50 occupants without the need to amend an existing conditional use permit or apply for a new conditional use permit. .0304 Any other Emergency Shelter and/or Recuperative Care/Medical Respite use shall be subject to approval of a Conditional Use Permit consistent with Chapter 18.66 (Conditional Use Permits). .0305 The Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) may be modified through the approval of a conditional use permit consistent with Chapter 18.66(Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required). .040 Facility. All Emergency Shelters and/or Recuperative Care/Medical Respite uses shall comply with Title 15 (Buildings and Housing) of the Anaheim Municipal Code, and the following requirements, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required): 5 .0401 Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments. .0402 Waiting area. A client waiting area shall be provided to accommodate all potential clients prior to and during the intake process and contain a minimum of 10 square feet per bed provided at the facility. The waiting area may be located either inside or outside of the facility and shall be of a sufficient size to accommodate clients of the facility. If the The waiting area is located outside of the Emergency Shelter building, the area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6-foot tall screening of mature landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide shade and protection from the elements. .0403 Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall screened by landscaping or by a minimum 6-foot tall decorative masonry wall. .0404 A minimum of one toilet shall be provided for every eight beds per gender. .0405 A minimum of one shower shall be provided for every eight beds per gender. .0406 A private shower and toilet facility shall be provided for each area designated for use by individual families. .0407.0404 Kitchen facilities and dining hall or a designated dining area shall be provided for the preparation and serving of meals for clients and staff. .0408.0405 The facility may provide the following services; however, these services shall be in a designated area separate from sleeping areas: .01 Indoor and outdoor recreation facilities. .02 A counseling center for job placement and/or educational, legal, or mental and physical health services. .03 Laundry facilities to serve the clients at the shelter. .04 Other similar facilities and services geared towards the needs of homeless clients. .050 Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning and Building Director and Police Chief, or their designee, prior to the operation of the Emergency Shelter, or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director or Chief. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required): 6 .0501 Staffing and Volunteers. The Operations Plan shall indicate the maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty-four (24) hour period and a justification for the proposed staffing levels. The proposed staffing shall include: .01 24-hour security. Security staffing for both on and off-site needs. .02 Staff and Volunteer Training. A training program shall be developed for staff and volunteers to provide adequate knowledge and skills necessary to assist clients to advance in the continuum of care. .0502 Admittance and Discharge Procedures. The Operations Plan shall describe the proposed system for daily admittance and discharge procedures. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region’s current Homeless Management Information System. .0503 Communications and Outreach. The Operations Plan shall describe the efforts that will be made by the operator to maintain good communication and respond to operational issues, which may arise from the neighborhood, City staff, or the general public. .0504 Prohibition of alcohol and narcotics use. The Operations Plan shall indicate that the facility shall prohibit alcohol and narcotics use on premises and describe the measures that the operator will take to enforce this prohibition. .0505 Loitering control. The Operations Plan shall describe the measures the operator will implement to minimize the congregation of clients in the vicinity of the facility. .0506 Litter control. The Operations Plan shall describe the measures that the facility will take to remove any litter and trash attributable to the clients within the vicinity of the facility. .0501 Stays at the facility shall be provided on a first-come first-served basis. The facility shall be open 24 hours a day; however, clients shall only be admitted to the facility only between 6:00 p.m. and 8:00 a.m. Clients must check out of the facility by 8:00 a.m. but may remain on the premises to avail themselves of other services offered. Clients must check in daily and have no guaranteed bed for the next night. .0502 Maximum length of stay. A person’s maximum length of stay at the facility shall not exceed 180 days in a 365 day period. .0503 Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. .0504 Staffing. A minimum of one (1) staff member per fifteen (15) beds shall be on active duty when the facility is open. .0505 Security and safety. Twenty-four (24) hour a day security shall be provided. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility. 7 .0506 Loitering control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility. .0507 Management for outdoor areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. .0508 Staff training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. .0509 Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. .0510 Client eligibility. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region’s current Homeless Management Information System. .0511 Counseling services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. .0512 Litter control. Litter and trash removal attributable to the clients within the vicinity of the facility shall be provided on a continual basis. .060 Additional Findings Required. Before the approval authority, or City Council on appeal, may approve modifications to the requirements of this Section through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits), it must make a finding of fact, by resolution or written decision, that the evidence presented shows that the following conditions exists: .0601 That the City Council has declared that a shelter crisis exists pursuant to California Government Code Section 8698 et seq., as the same may be amended from time to time; .0602 That strict compliance with the requirements of this Separation, Facility and Operation Plan requirements of this Section would prevent, hinder, or delay the City’s participation in the Homeless Emergency Aid Program established by Senate Bill 850 (2017- 2018 Reg. Sess.) and/or the mitigation of the effects of a Shelter Crisis. .070 Recuperative Care/Medical Respite. Recuperative Care/Medical Respite uses shall be subject to the following requirements: .0701 Operator. The name of the Operator of the Recuperative Care/Medical Respite use shall be provided along with a summary of the Operator’s experience operating similar facilities. The Operator shall comply with all State and/or Federal licensing requirements and the standards specified in the latest version of the Standards for Recuperative Care/Medical Respite Programs, prepared by the National Health Care for the Homeless Council. A conditional use permit shall not be granted for a Recuperative Care/Medical Respite use without an Operator identified at the time of application submittal. 8 .0702 Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning and Building Director, or their designee, prior to the operation of the Recuperative Care/Medical Respite facility, or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits): .01 Community, Government, or Licensed Medical Facility Agreement. A Memorandum of Understanding (MOU) or other written agreement with a local area community, government, or licensed medical facility that establishes a reciprocal relationship for referring and admitting patients between the medical facility and the Recuperative Care/Medical Respite facility. .02 Access to Oxygen. A description of the Recuperative Care/Medical Respite facility’s access to oxygen and plan for providing oxygen to occupants of the facility. .03 Staffing Levels. A detailed description of the number and type of employees and contract staff, including on-call medical staff, of the Recuperative Care/Medical Respite facility. .0703 Client Eligibility. The Operator shall provide short term care and case management to individuals who are homeless or at risk of being homeless who have been referred by or discharged from a government, community or licensed medical facility, and who are recovering from an acute illness or injury that does not necessitate hospitalization during recovery. All clients shall be transported to the Recuperative Care/Medical Respite use by the referring agency, Operator or family members. No “walk-in” clients shall be accepted at the facility. .0704 Six (6) Month Review. Recuperative Care/Medical Respite uses shall be subject to a six (6) month review, commencing from the date of occupancy of a facility, as follows: .01 Up to fifty (50) occupants. Facilities with up to fifty (50) occupants shall be subject to review by the Planning and Building Director. Surrounding properties within a 500-foot radius of the subject property shall be notified ten (10) days advance of the Planning and Building Director’s review. Future compliance reviews may be required if significant violations are identified. The applicant shall pay for the cost of staff’s processing of the review. The Planning and Building Director may refer applications for facilities with up to fifty (50) occupants to the Planning Commission in accordance with Section 18.60.080 (Planning Director Reviews). .02 Over fifty (50) occupants. Facilities with over fifty (50) occupants shall be subject to review by the Planning Commission. Planning and Building Department staff shall submit to the Planning Commission a “Reports and Recommendations” (R&R) item in order to verify that an approved Recuperative Care/Medical Respite use is operating without negative impacts to the surrounding neighborhood. Surrounding properties within a 500-foot radius of the property shall be notified ten (10) days in advance of the Planning Commission meeting and the applicant shall pay for the cost of processing the R&R item. Future compliance reviews may be required if significant violations are identified or if required by the Planning Commission. Additional conditions of approval may be added as determined appropriate. .080 Supportive and Transitional Housing. Supportive and Transitional Housing, as defined by subsection .070 and .080 of Section 18.36.030 (Residential Primary Use Classes) 9 of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, may be co-located with an Emergency Shelter subject to the requirements of this Section 18.38.125 including approval of a Memorandum of Understanding (MOU) and a Conditional Use Permit (CUP), with the exception of a units approved during a Shelter Crisis, as further described below. .0801 Approval of Supportive and Transitional Housing during a Shelter Crisis. The City Manager is the approval authority for the first 100 units of Supportive and Transitional Housing co-located with an Emergency Shelter following the City Council’s adoption of Resolution No. 2018-118 (“Shelter Crisis”). The City Manager’s approval shall be pursuant to a written agreement with the property owner or housing operator, which must include a detailed Operations Plan for the proposed housing prepared pursuant to the requirements of paragraph 18.38.125.080.0810. .0802 Memorandum of Understanding (MOU) Required. The permitted location and distribution of Supportive and/or Transitional Housing units proposed to be co-located with an Emergency Shelter, pursuant to subsection 18.38.125.080, shall be determined on a project-by-project basis by the City Council through a MOU between the applicant and the City to ensure the equitable and appropriate distribution of units throughout the city in relation to other forms of housing and services offered to the intended target population. The applicant shall enter into the MOU with the City prior to the Planning Commission’s review of the CUP application. The applicant shall request an MOU by submitting a Development Application to the Planning and Building Department. The application shall include a Preliminary Site Plan and Project Description that describe the following: .01 Target population .02 Maximum number of residents. .02 Maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty-four (24) hour period. .04 Maximum number of units .05 Maximum number of bedrooms in the proposed units .06 Size and type of common areas, including recreational/leisure areas and kitchen facilities/dining areas. .07 Preliminary plan for funding and providing “Wrap around and Supportive Services” .0803 Conditional Use Permit Required. Following, or concurrent with, a request for approval of an MOU for Supportive and/or Transitional Housing proposed to be co-located with an Emergency Shelter, the property owner shall submit a Development Application for approval of a CUP consistent with Chapter 18.66 and the requirements of this subsection 18.38.125.080 (Transitional and Supportive Housing). The CUP will not be reviewed by Planning Commission prior to the City Council’s approval of the MOU. The Development Application shall include plans and documents to establish the following: 10 .01 Development Standards. Plans shall demonstrate compliance with the underlying Zone in which the property is located. Any modification of these development standards, including, but not limited to, parking as required by 18.42 (Parking and Loading), shall be processed as part of the CUP and meet the findings in 18.38.125.080.0802. The applicant shall provide justification for any modification of standards as part of the Development Application. .02 Design Considerations. Plans shall demonstrate consistency with the General Plan Community Design Element and the City of Anaheim Affordable Housing Development Residential Design Guidelines. .03 Maximum Occupancy. The CUP shall establish and memorialize the total maximum occupancy for all staff, volunteers and residents of the Supportive and/or Transitional Housing units. .04 Operations Plan. The Development Application shall include a preliminary Operations Plan prepared pursuant to the requirements of paragraph 18.38.125.080.0810. The Planning and Building Director, and/or their designee, shall approve the final Operations Plan prior to issuance of Building Permits. .0804 Conditional Use Permit Findings. Approval of the CUP is subject to the required findings pursuant to Chapter 18.66 (Conditional Use Permits), and the following findings: .01 The Supportive and/or Transitional Housing proposed meets all of the provisions of this section; and, (1) achieves a high level of livability for residents, (2) is designed and would be operated in such a manner as to be compatible with surrounding uses, and (3) is consistent with the City’s goals and policies to address homelessness and find creative housing solutions. .02 The Supportive and/or Transitional Housing proposed in accordance with this section must demonstrate the living units are of sufficient size and design to provide a quality living environment, and the project includes common recreation and community facilities such as, but not limited to, community rooms, community gardens, facilities for pets, barbeque areas, and active and passive recreation areas. .03 The project site is reasonably accessible to necessary services, including grocery stores (ideally within one mile), transit stops (ideally within half mile), and medical facilities (ideally within one mile) and/or that shuttle service will be provided by the operator to such services. .0805 Affordability Covenant. Prior to issuance of building permits, the property owner(s) shall execute and record affordability covenants with the City of Anaheim, agreeing to the requirements of this section. The covenants shall be acceptable to, and approved by, the Community and Economic Development Department and the City Attorney's Office, and shall include, but need not be limited to, the following provisions: .01 Identification of the affordable units. .02 The initial rent for each unit. .03 The method of calculating periodic rental increases. 11 .04 A minimum term of thirty (30) years on the control of rent for the housing units or other specified term as may be required by the project funding. .05 The right of the Community and Economic Development Department to supply, or otherwise approve, the qualifications of the low-income households who will rent the housing units. .0806 Affordability Mix. The affordability mix for Supportive and Transitional Housing shall be dictated by the affordable housing funding program requirements and as approved by the Community and Economic Development Department pursuant to a written agreement and the affordability covenants required in subsection 18.38.125.080.0807. .01 The term “Extremely Low Income Households,” as used in this section shall mean households having an income not exceeding thirty percent (30%) of the median family income, adjusted for family size. .02 The term “Very Low Income Households,” as used in this section shall mean households having an income not exceeding fifty percent (50%) of the median family income, adjusted for family size. .03 The term “Low Income Households,” as used in this section shall mean households having an income not exceeding sixty percent (60%) of the median family income, adjusted for family size. .0807 Maximum Rents. Maximum rents shall be determined by the applicable affordable housing funding programs. To the extent of an inconsistency between or among the funding programs relating to affordable rent and other covenants or agreements applicable to the project, the most restrictive covenants or agreement regarding the affordable rent for the housing units in the project shall prevail. .0808 Anaheim Preference. Offering and maintaining an Anaheim preference is a priority for the City. The following provisions shall apply: .01 At a minimum, for the purposes of admissions into a unit, an Anaheim preference shall apply to the greater of a proportionate share of Supportive and/or Transitional Housing units at the site when there is a combination of funding sources for said units, such as government sponsored funds. .02 When Anaheim funding is the only or primary source of gap funding, a live/work preference shall apply to all assisted units. .03 For potential residents who are homeless at the time of application, an Anaheim preference may be granted if the individuals can demonstrate a connection to Anaheim as outlined in admissions guidelines established for the Anaheim Housing Choice Voucher (HCV) Program. .04 For the purposes of this paragraph 18.38.125.080.0807, the application process begins upon receipt of a referral to an open unit, which includes an imminent opening at the property that an individual is considering. In order to be eligible for a preference at the 12 time of referral, potential residents must be able to demonstrate an Anaheim connection in order to be eligible for a preference at the time of referral. .05 The Anaheim preference shall be memorialized in the Affordability Covenant. .0809 Marketing and Tenant Selection Plan Required. Prior to occupancy of any Supportive and/or Transitional Housing Unit, a Marketing and Tenant Selection Plan shall be submitted to and approved by the Community and Economic Development Department. The Plan shall outline steps to be taken to affirmatively market housing units at the project. Procedures shall address outreach to stakeholders who interface with the target population for this type of housing and as needed, address language issues. All procedures must be in compliance with federal fair housing laws and include recordkeeping methods that will permit the Community and Economic Development Department to audit compliance in this area. Changes to the Plan are subject to the review and approval of and must be submitted to and approved by the Community and Economic Development Department prior to implementation of such a change. .0810 Operations Plan. The Operations Plan shall be a detailed plan and strategy for the long-term operation, maintenance, repair, security, social/supportive services, marketing of the project, method of selection of tenants, rules and regulations for tenants, and other rental and operational policies for the project. The Operations Plan may be required to address additional specific needs as identified by the Planning and Building Director and the Police Chief. The approved Operations Plan shall remain active throughout the life of the facility. Any modifications to the Operations Plan shall require approval of the Planning and Building Director and the Police Chief. At a minimum, the Operations Plan shall contain provisions addressing the following: .01 Staffing. The operations plan shall indicate the maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty- four (24) hour period and a justification for the proposed staffing levels. The proposed staffing shall include: a) An on-site manager. The operations plan shall include a detailed description of the manager’s duties and responsibilities to ensure the proper and orderly operation of the facility in a manner that serves the needs of residents, staff, and service providers while minimizing potential impacts on surrounding uses. b) 24-hour security staffing for both on and off-site needs. The on-site manager may provide the security staffing, subject to the approval of the Police Chief. .02 Funding and provision of Wrap-Around Supportive Services for the residents. The term “Wrap-Around Supportive Services” shall mean a holistic program of support services provided as an ancillary use to Transitional and Supportive Housing to stabilize an individual or a family. The services can be provided in a collaborative manner by a number of organizations and commonly include services related to mental health, 13 counseling, medical care, drug rehabilitation, parenting, budgeting and life skills, and educational and job training. .03 Communications and Outreach. The operations plan shall describe the efforts that will be made by the operator to maintain good communication and respond to operational issues, which may arise from the neighborhood, City staff, or the general public. .04 Loitering control. The operator shall describe the measures that it will implement to minimize the congregation of residents near the facility. .05 Litter control. The operator shall describe the measures that the facility will take to remove any litter and trash attributable to the clients within the vicinity of the facility. SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2019, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2019, by the following roll call vote: AYES: NOES: 14 ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 130911v1 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: SEPTEMBER 4, 2019 SUBJECT: ZONING CODE AMENDMENT NO. 2019-00162 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim Municipal Code (Code) to modify Section 18.38.125 (Emergency Shelter and Recuperative Care/Medical Respite) of Chapter 18.38 (Supplemental Use Regulations) to allow Transitional and Supportive Housing to co-locate with an Emergency Shelter, subject to the approval of a conditional use permit (CUP). BACKGROUND: In September 2017, City Council adopted Resolution No. 2018-118, declaring a public health and safety state of emergency related to the homeless, homelessness and homeless encampments. As part of its actions to address this emergency, Council amended the City’s Emergency Shelter regulations to facilitate the establishment of Emergency Shelters within Anaheim. In January 2018, Council approved a resolution embracing the “Housing First Model,” which outlines the necessary steps for people experiencing homelessness to move from Emergency Shelters to longer-term housing, including Transitional and Supportive Housing. In June 2019, Council adopted an ordinance to facilitate the conversion of existing motels and other commercial and office structures within the C-G Zone to Transitional and Supportive Housing, subject to approval of a CUP. Subsequent to the adoption of the ordinance, on August 5, 2019, Planning Commission approved a request for a CUP to allow the conversion of an existing 70- room motel (Econolodge) into a 70-unit Supportive Housing development. In addition to the above actions, staff has also been in discussion with, and recently received an application from, The Salvation Army for its “Center of Hope.” As currently proposed, this facility would include both an Emergency Shelter and Supportive Housing co-located together on the same property. The Anaheim Municipal Code does not currently allow these two uses to co-locate. In order to provide the opportunity for the Center of Hope and/or any other similar facility to be considered via a discretionary application and review process, the Planning Director gave direction to staff to prepare a draft ordinance to amend the Zoning Code to allow the co-location of these uses, subject to the approval of a CUP, in locations where the City would currently permit an Emergency Shelter. Planning staff is working on a draft ordinance in cooperation with various City departments and service providers. Staff is requesting additional time to complete its analysis and present a draft ordinance for the Planning Commission’s consideration. RECOMMENDATION: Staff recommends that Planning Commission continue the public hearing for Zoning Code Amendment No. 2019-00162 to the meeting of September 30, 2019. Prepared and submitted by, Susan Kim Principal Planner ATTACHMENT NO. 2 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: SEPTEMBER 30, 2019 SUBJECT: ZONING CODE AMENDMENT NO. 2019-00162 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim Municipal Code (Code) to modify Section 18.38.125 (Emergency Shelter and Recuperative Care/Medical Respite) of Chapter 18.38 (Supplemental Use Regulations) to allow Transitional and Supportive Housing to co-locate with an Emergency Shelter, subject to the approval of a conditional use permit (CUP). BACKGROUND: The subject Code amendment was previously agendized for Planning Commission consideration on September 4, 2019. Staff requested, and the Commission granted, the continuation of the public hearing for this item to September 30, 2019. Staff is requesting to continue the public hearing for this item an additional four weeks to the Planning Commission meeting of October 28, 2019. Planning staff continues to work on a draft ordinance in cooperation with various City departments and service providers. However, staff has determined that it needs additional time for this coordination. Therefore, staff is requesting additional time to complete its analysis and present a draft ordinance for the Planning Commission’s consideration. RECOMMENDATION: Staff recommends that Planning Commission continue the public hearing for Zoning Code Amendment No. 2019-00162 to the meeting of October 28, 2019. Prepared and submitted by, Susan Kim Principal Planner Attachment: 1. September 4, 2019 Planning Commission Staff Report ATTACHMENT NO. 3 200 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: OCTOBER 28, 2019 SUBJECT: ZONING CODE AMENDMENT NO. 2019-00162 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim Municipal Code (Code) to modify Section 18.38.125 (Emergency Shelter and Recuperative Care/Medical Respite) of Chapter 18.38 (Supplemental Use Regulations) to allow Transitional and Supportive Housing to co-locate with an Emergency Shelter, subject to the approval of a conditional use permit (CUP). BACKGROUND: The subject Code amendment was previously agendized for Planning Commission consideration on September 4, 2019. Staff requested, and the Commission granted, the continuation of the public hearing for this item to September 30, 2019; and, subsequently to October 28, 2019. Staff is requesting to continue the public hearing for this item an additional two weeks to the Planning Commission meeting of November 13, 2019. Planning staff continues to work on a draft ordinance in cooperation with various City departments and service providers. However, staff has determined that it needs additional time for this coordination. Therefore, staff is requesting additional time to complete its analysis and present a draft ordinance for the Planning Commission’s consideration. RECOMMENDATION: Staff recommends that Planning Commission continue the public hearing for Zoning Code Amendment No. 2019-00162 to the meeting of November 13, 2019. Prepared and submitted by, Susan Kim Principal Planner Attachments: 1. September 4, 2019 Planning Commission Staff Report 2. September 30, 2019 Planning Commission Staff Report ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JANUARY 6, 2020 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05702A AND VARIANCE NO. 2014-04989A LOCATION: 1220 South Brookhurst Street (Nara Bistro) APPLICANT/PROPERTY OWNER: The business owner is Salee Zawerbek and Eric Adel with Nara Bistro. The property owner is M. Khouraki and Youssef Ibrahim Partners, represented by Youssef Ibrahim. REQUEST: The applicant requests approval of an amendment to a conditional use permit to permit and retain the unpermitted expansion of an existing smoking lounge and restaurant within a multi-tenant commercial center with fewer parking spaces than required by the Municipal Code. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving an amendment to Conditional Use Permit No. 2013-05702 and Variance No. 2014-04989. BACKGROUND: This 2.27-acre property is developed with a multi-tenant commercial center. The property is located in the “C-G” General Commercial zone and the Brookhurst Commercial Corridor (BCC) overlay zone. The General Plan designates this property for General Commercial land uses. The property is surrounded by commercial and residential uses to the north across Ball Road, a restaurant to the east, condominiums to the south, and commercial uses to the west across Brookhurst Street. As requested by the applicant, this item was continued from the December 9, 2019 meeting to resolve issues related to Building and Fire Codes. CONDITIONAL USE PERMIT NO. 2013-05702A AND VARIANCE NO. 2014-04989A January 6, 2020 Page 2 of 8 PROPOSAL: In 2014, the Planning Commission approved CUP2013-05702 (Original CUP) to permit a smoking lounge within an existing commercial center and Variance No. 2014-04989 to permit fewer parking spaces than required by the Municipal Code. The applicant is requesting to amend the Original CUP and Variance to permit and retain an unpermitted expansion of an existing restaurant and smoking lounge. The applicant also requests to amend conditions of approval pertaining to security guards, entertainment, and hours of operation as described in the table below: Request to Amend Conditions of Approval Condition No. Description Amend CUP2013-05702 6 Security Guard: Petitioner shall provide one uniformed security guard on Thursday, Friday & Saturday nights from 9 p.m. to closing Request non-uniformed security guard 16 Entertainment: The doors shall remain closed at all times. There shall be no entertainment. Request new entertainment permit 21 Hours of Operation: The patio area/outdoor smoking lounge shall be closed no later than 2 a.m. each day. Request hours to be extended to 4 a.m. The unpermitted expansion includes an 858 square foot of hookah space and a 1,432 square feet addition for bathrooms, a hallway, and storage (see Floor Plan image below). No changes are proposed to the existing outdoor hookah space and restaurant, and an indoor hookah space where no food service is allowed. According to the applicant, the customers are mostly professional adults and college students. The business employs 11 full time employees and one part time staff person. The operating hours for the indoor hookah lounge is 7 a.m. to 4 a.m. and the outdoor hookah lounge is from 7 a.m. to 2 a.m. Non-uniformed security guards patrol the premises during the nighttime hours. Figure 2. Current Storefront Figure 3. Unpermitted Expansion CONDITIONAL USE PERMIT NO. 2013-05702A AND VARIANCE NO. 2014-04989A January 6, 2020 Page 3 of 8 FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendations for each requested entitlement action: Modification of a CUP: The expansion of the smoking lounge requires that the CUP be amended. The Municipal Code requires approval of a CUP for smoking lounges that are located less than 200 feet of a residential zone, whereas the subject tenant space is located 24 feet from the apartment complex to the south. The original CUP entitlement stated that there is a 140 foot distance from the residences and the business with the doors opening away from the residences. The Planning Commission may modify the CUP on the basis of evidence and testimony submitted at the hearing, if it finds any of the following: 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; Floor Plan Alterations CONDITIONAL USE PERMIT NO. 2013-05702A AND VARIANCE NO. 2014-04989A January 6, 2020 Page 4 of 8 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. Code Enforcement History: Code Enforcement received several complaints due to excessive noise, loud music and dancing on weekends without an entertainment permit and unpermitted business hours of operation past 2 a.m. Code Enforcement conducted investigative inspections during two weekends in March 2019 to determine if the business was in compliance with their CUP. The inspections identified the following violations of the Conditions of Approval under CUP2013-05702: Table 2. Violations of Conditions of Approval Condition No. Description 1 Building permits shall be obtained for any tenant improvements including outdoor seating and sidewalk areas. 6 Petitioner shall provide one uniformed security guard on Thursday, Friday & Saturday nights from 9 p.m. to closing. 9 There shall be no admission fee, cover charge, nor minimum purchase required. 11 The permitted use at the Property shall not create sound levels which violate any ordinance of the City of Anaheim. 12 The business shall not be operated in such a way that as to be detrimental to the public health, safety or welfare. 14 No persons under 18 years of age shall be permitted to enter and stay within any area of the business premises where the smoking of tobacco or other substances I allowed, including any outdoor seating area, and signs shall be posted at the entrances to the patio area and the indoor smoking lounge stating “No person under the age of 18 allowed.” 15 The restaurant shall be maintained as a bonafide restaurant at all times it is open for business. 16 The doors shall remain closed at all times. If applicant applies for an entertainment permit it shall be limited to the restaurant portion of the business only. 20 The applicant shall monitor the area under their control in an effort to prevent the loitering of persons about the premises. 21 The patio area/outdoor smoking lounge shall be closed no later than 2 a.m. each day. CONDITIONAL USE PERMIT NO. 2013-05702A AND VARIANCE NO. 2014-04989A January 6, 2020 Page 5 of 8 Code Enforcement’s investigative reports are featured in Attachment No. 7. Staff discussed the violations with the applicant and on-site manager as part of their inspections. Planning staff also addressed these violations with the applicant at meetings, phone calls, and emails numerous times as part of the application review process. The Code Enforcement case remains active, pending a determination on this application. Building and Fire Department approvals: Code Enforcement notified the applicant and the property owner of violations of the CUP on December 6, 2017 and January 23, 2018 with a citation issued on March 28, 2018 (See Attachment No. 5). In 2015, the applicant pulled permits (denoted in yellow) to add a canopy to the patio, remodel the indoor hookah lounge, prep room, and restrooms, along with adding a new office and storage room. The construction was never completed and the permit expired. Planning, Code Enforcement, Fire, and Building staff subsequently met with the applicant on May 31, 2018 to inform them of the life and safety issues related to the unpermitted smoking lounge improvements. On June 18, 2018, Building Division issued a correction notice to the applicant to obtain the necessary discretionary permits for the land use and to resubmit plans identifying the alterations by September 15, 2018 (Attachment No. 6). Staff advised the applicant that the unpermitted expansion could only be used as a smoking lounge due to State Smoke-free Workplace laws where smoking and food service cannot occur in the same enclosed space. Both the Building Division and Fire Department also advised the applicant that the expansion into the new space would require a change in occupancy for the tenant space from office to smoking lounge. This change in building occupancy could trigger potential accessibility upgrades and fire sprinklers within the entire complex. Police Department: Staff reviewed relevant calls for service to the business to evaluate the applicant’s request to modify existing conditions of approval related to a uniformed security guard, entertainment, and extending hours of operation. Table 4 below identifies the calls for service related to disturbances and safety for the business since the original CUP was approved. According to the Police Department, a regular business without alcohol service has an average of two to three calls for service per year. Table 4. Calls for Service per Police Department Type of Call 2015 2016 2017 2018 2019 Alcohol related 2 4 4 5 Assault/Battery 1 5 3 3 Branding Weapon 1 2 Disturbance/Music 6 12 4 7 11 Fights 1 2 2 3 Parking 2 2 Hours of Operation past 2 a.m. 3 9 9 8 5 Total* 19 26 23 24 23 *Note: The total calls for service also includes other incidents not listed in the table; therefore this table should not be considered a complete list. CONDITIONAL USE PERMIT NO. 2013-05702A AND VARIANCE NO. 2014-04989A January 6, 2020 Page 6 of 8 Security Guard: The Planning Commission required a uniformed security guard under the original CUP. The applicant requests that a non- uniformed security guard be permitted to patrol the premises since a uniformed security guard conveys an unfriendly environment to their customers. However, due to reported incidents related to alcohol, branded weapon on site, fights, and illegal parking activities, staff recommends that this condition remains so that their uniformed security personnel can provide the extra security necessary to keep the business safe for the public. Staff also recommends that security help with enforcement of the parking lot and loitering of patrons. Entertainment: The applicant is requesting entertainment to be permitted on the premises as part of this CUP amendment. The applicant was issued an entertainment permit in 2012 that permitted a DJ, karaoke, and comedian within the smoking lounge. The applicant violated the permit’s operating conditions by permitting dancing and music past 2 a.m. and generating audible sound beyond the applicant’s business location. The original CUP prohibits entertainment, amplified music and dancing in either the indoor or outdoor smoking lounges. The regulatory permit expired once the discretionary CUP was approved in November 2014. The applicant did not reapply for a new entertainment permit thereafter. The applicant asserts that their business viability is dependent on providing entertainment and extending the hours of operation for the restaurant from 2 a.m. to 4 a.m. Multiple Code Enforcement inspections in March 2019 revealed that the applicant continued to offer entertainment, music and dancing inside the interior smoking lounge. Noise readings were taken at the east property line on March 29 and March 30, and these readings showed that the business violated maximum sound levels, having decibels readings of 62.3dB at 10:30 p.m. and 62.5dB at 12:38 a.m., respectively. Since the outdoor area is not completely enclosed, sound can easily spill over into the parking lot and neighboring properties. Lastly, the Municipal Code does not permit an interior smoking lounge to have entertainment due to State Smoke-free Workplace laws for employees. Because of these reasons, staff recommends that entertainment be prohibited on the premises. Hours of Operation: The applicant is requesting business hours to be extended to 4 a.m. for the entire space. In the original CUP, the restaurant and indoor smoking lounge hours were from 11 a.m. to 4 a.m. while the outdoor smoking lounge would be closed by 2 a.m. to prevent noise impacts on neighboring residences. Disturbance and noise complaints are the most common calls for service for this business. Planning and Police staff conducted neighborhood interviews on November 19, 2019 to obtain feedback on the extended hours of operation. Staff spoke with 10 neighbors located along the southern property line and two of the residents opposed the extended hours, noting loud music and noise. Due to the ongoing noise issues, staff is not recommending CONDITIONAL USE PERMIT NO. 2013-05702A AND VARIANCE NO. 2014-04989A January 6, 2020 Page 7 of 8 extending the hours of operation to 4 a.m. The business should adhere to the original hours of operation and cease operating the outdoor area past 2 a.m. Parking Variance: The applicant was granted a parking variance in 2014 as part of the previous conditional use permit approval where 199 parking spaces were required for the commercial center, including 67 parking spaces for the restaurant and smoking lounge, and 120 parking spaces were provided on site. The applicant is now requesting a modification to the parking variance due to the increased parking requirement for the additional square feet for the smoking lounge. The Code requires 285 parking spaces for the complex with the addition of a new restaurant, or 292 parking spots for a new smoking lounge, and the property currently has 120 on-site parking spaces. Since the peak hours of operation for the shopping center are from 4 p.m. to 6 p.m. and the smoking lounge’s peak hours are from 9 p.m. to 12 a.m., the applicant submitted a Parking Tabulation Worksheet (See Attachment 9) to determine the center’s actual parking demand for the smoking lounge. Based on the study, the parking lot was heavily occupied on Friday and Saturday evenings between 9 p.m. and 12 a.m. Approximately 19 to 55 parking spaces were available out of the 120 spaces on site; while other days of the week had 22 to 86 spaces available during the same hours. Code Enforcement has identified that customers double park or park in handicap stalls illegally due to its close proximity to the entrance. Staff also visited the site on a Saturday night at 11 p.m. and verified that approximately 50 spaces were available during that time. Based on the information provided, staff finds that there would be adequate on-site parking for the proposed expansion and supports the parking variance request. Recommended Conditions of Approval: Pursuant to the conditions of approval for this CUP, the permitting of the restaurant and smoking lounge is subject to compliance with all conditions of approval to ensure that the use is being operated in a manner that is safe and compatible with the surrounding properties. As described above, staff believes that the applicant has created a situation that is detrimental to public health and safety because modifications made to the building have not been properly permitted and other nuisance-related violations continue to exist. To address these issues, staff has included the following conditions of approval in the draft resolution: • Within 60 days of the date of approval, the applicant shall submit plans and complete a Building Code analysis for occupancy changes and any tenant improvements within the subject building. In addition, all proper building permits shall be obtained for the smoking lounge within 120 days of the date of this approval. • This permit shall be subject to a six (6) month review by the Planning Commission, commencing from the date of this approval. Planning Department staff will report back to the Planning Commission as a “Reports and Recommendations” (R&R) item in order to verify that the business is operating in compliance with their conditions of approval. Future compliance reviews may be required if significant violations are identified in the future or a revocation hearing shall be scheduled by the Planning Commission. CONDITIONAL USE PERMIT NO. 2013-05702A AND VARIANCE NO. 2014-04989A January 6, 2020 Page 8 of 8 Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within the Class 1, Existing Facilities, Categorical Exemption. 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 use beyond that existing at the time of this determination. The proposed project is a request to permit an expansion to an existing smoking lounge. As such, the proposed project meets the criteria for a Class 1 categorical exemption. Pursuant to Section 15300.02 (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. CONCLUSION: To address a history of Code violations related to the smoking lounge and restaurant since 2014, staff recommends that the Planning Commission approve the requested entitlements, provided that uniformed security guards be provided, the outdoor smoking area close at 2 a.m., and that entertainment be prohibited. Staff also recommends that building permits be obtained within 120 days of the date of this approval, and that a six month review be scheduled for Planning Commission review to ensure compliance with the recommended conditions of approval. Prepared by, Submitted by, Lucita Y. Tong David See Contract Planner Principal Planner Attachments: 1. Draft Resolution 2. PC Resolution PC2014-097 3. PC Staff Report and Plans 11.03.14 4. Project Plans 5. Code Enforcement Courtesy Notices and Citation 6. Correction Notices and Permit Extension Request 7. Code Enforcement Investigation Reports 8. Letter of Request 9. Parking Variance Justification Letter 10. Regulatory Permit No. REG2012-00048 11. Support Letters for Business 12. History of Entitlements C-G (BCC) DEV 2017-0000 8 RETAIL RM-4 CONDOMINIUMS 236 DU RS-3 SINGLE FAMILY RESIDENCE RS-3 SINGLE FAMILY RESIDENCE RS-3 SINGLE FAMILY RESIDENCE C-G (BCC) RETAIL I (BCC) INDUSTRIAL I (BCC) RETAIL C-G (BCC) RETAIL C-G (BCC) SERVICE STATIONC-G RESTAURANT C-G (BCC) SHOPPING CENTER C-G (BCC) SHOPPING CENTER C-G (BCC) SHOPPING CENTER RM-3 TOWNHOMES 111 DUC-G (BCC) RETAIL C-G (BCC) RETAIL C-G (BCC) SERVICE STATION C-G (BCC) RETAIL C-G (BCC) RETAIL C-G (BCC) RETAIL C-G (BCC) RETAIL C-G (BCC) RETAIL C -G (B C C ) M O N T E S S O R I S C H O O L RM-4 APTS 10 DU RM-4 APTS 20 DU RM-4 APTS 40 DU RM-4 APTS 40 DU RM-3 FOURPLEX RM-3 FOURPLEX W BALL RD S B R O O K H U R S T S T H E A R T H L N S C O V E N T R Y D R W J UN O AV E BIE NV IL L E AV E S C O R N W A L L D R W YORK C IR W ESSEX CIR W WELLINGTON CIR W AVON CIR W. BALL RD W. BROADWAY S . E U C L I D S T S . B R O O K H U R S T S T S . G I L B E R T S T W. CERRITOS AVE S . M A G N O L I A A V E 1 2 2 0 S o u t h B r o o k h u r st St r e e t D E V N o . 2 0 1 7 -0 0 0 0 8 Subject Property APN: 128-341-56 °0 50 100 Feet Aeria l Ph oto : Ma y 2 01 8 W BALL RD S B R O O K H U R S T S T H E A R T H L N S C O V E N T R Y D R W J UN O AV E BIE NV IL L E AV E S C O R N W A L L D R W YORK C IR W ESSEX CIR W WELLINGTON CIR W AVON CIR W. BALL RD W. BROADWAY S . E U C L I D S T S . B R O O K H U R S T S T S . G I L B E R T S T W. CERRITOS AVE S . M A G N O L I A A V E 1 2 2 0 S o u t h B r o o k h u r st St r e e t D E V N o . 2 0 1 7 -0 0 0 0 8 Subject Property APN: 128-341-56 °0 50 100 Feet Aeria l Ph oto : Ma y 2 01 8 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2020-*** RESOLUTION NO. PC2020-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM AMENDING CONDITIONAL USE PERMIT NO. 2013- 05702 AND VARIANCE NO. 2014-04989 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00008) (1220 SOUTH BROOKHURST STREET) WHEREAS, on November 3, 2014, the Planning Commission of the City of Anaheim (the "Planning Commission") adopted Resolution No. PC2014-097 to permit an outdoor smoking lounge and restaurant within an existing commercial tenant space and Variance No. 2014-04989 to permit fewer parking spaces than required by the Anaheim Municipal Code (the "Code") on that certain real property located at 1220 South Brookhurst Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Planning Commission did receive a verified petition for a modification to Conditional Use Permit No. 2013-05702 and Variance No. 2014-04989 to permit and retain an expansion of the existing restaurant and smoking lounge (collectively, referred to as the “Proposed Project”); and WHEREAS, the Property is approximately 2.27 acres in size and is currently developed with an existing neighborhood commercial center. The Anaheim General Plan designates the Property for General Commercial land uses. The underlying zone of the Property is the "C-GC" General Commercial Zone and the Brookhurst Commercial Corridor (BCC) Overlay Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zone) and Chapter 18.22 (Brookhurst Commercial Corridor Overlay Zone) of the Anaheim Municipal Code (the "Code"). “Smoking Lounges” are a conditionally permitted use and are subject to regulatory permits contained in Chapter 18.16.080; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 9, 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 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith, and the hearing was continued to the January 6, 2020 meeting; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2020-*** WHEREAS, the Planning Commission find that the effects of the proposed project are typical of those generated within the Class 1, Existing Facilities, Categorical Exemption. 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 use beyond that existing at the time of this determination. The proposed project is a request to permit an expansion to an existing smoking lounge. As such, the proposed project meets the criteria for a Class 1 categorical exemption. Pursuant to Section 15300.02 (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 pertaining to the request for an amendment to Conditional Use Permit No. 2014- 05734, does find and determine the following facts: 1. The request to permit the Proposed Project is properly one for which a conditional use permit is authorized under subsection .010 of Section 18.08.030.010 of the Code. 2. The Proposed Project, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area because the conditions of approval contained herein will mitigate any potential impacts to surrounding residential properties. These conditions require, among other things, a uniformed security guard to patrol the premises, close the business at 2 a.m., and prohibit entertainment. 3. The size and shape of the site for the Proposed Project is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the Proposed Project has been designed to comply with all Code requirements, including building height, landscaping, and setbacks. 4. The size and shape of the site for the Proposed Project is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Proposed Project complies with all applicable development standards. 5. The granting of Conditional Use Permit No. 2014-05734B under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an integrated land use that is compatible with the surrounding area. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 3 - PC2020-*** NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby modify Conditional Use Permit No. No. 2013-05702A contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2013- 05702A are applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution and the effective date of the resolution approving Conditional Use Permit No. 2013- 05702A and Variance No. VAR2014-04989A, the Revised Conditions of Approval hereby amend the Original Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP and Variance Permits, as amended by Conditional Use Permit No. 2013-05702A, shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern Conditional Use Permit No. 2013-05702A and Variance No. VAR2014-04989A; and 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 6, 2020. 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 - PC2020-*** 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 January 6, 2020 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of January, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2020-*** - 6 - PC2020-*** EXHIBIT “B” REVISED CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2013-05702A AND VARIANCE NO. 2014-04989A (DEV2017-00008) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 1 Within 60 days of the date of approval, the applicant shall submit plans and complete a Building Code analysis for occupancy changes and any tenant improvements within the subject building. In addition, all proper building permits shall be obtained for the smoking lounge within 120 days of the date of this approval. Planning Department, Code Enforcement Division and Building Division 2 This permit shall be subject to a six (6) month review by the Planning Commission, commencing from the date of this approval. Planning Department staff will report back to the Planning Commission as a “Reports and Recommendations” (R&R) item in order to verify that the business is operating in compliance with their conditions of approval. Future compliance reviews may be required if significant violations are identified in the future or a revocation hearing shall be scheduled by the Planning Commission. Planning Department, Code Enforcement Division and Building Division PRIOR TO COMMENCEMENT OF THE USE 3 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 4 File an updated Emergency Listing Card, Form APD-281, with the Police Department, 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 OPERATIONAL CONDITIONS 5 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Police Department 6 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Police Department - 7 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 Petitioner shall provide at least one uniformed security guard on Thursday, Friday, and Saturday nights, from 9:00 p.m. to closing. The security guard shall assist in enforcing parking and loitering on the property. Police Department 8 A plan containing security measures shall be prepared by the applicant and submitted for approval to the Anaheim Police Department, which shall include measures necessary to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 9 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. Police Department 10 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 11 The operation of any business under this permit shall not be in violation of any provision of the Anaheim Municipal Code, State or County ordinances, rules or regulations, including but not limited to Section 6404.5 of the California Labor Code. Police Department 12 The permitted use at the Property shall not create sound levels which violate any ordinance of the City of Anaheim. Police Department 13 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. Police Department 14 The maximum occupancy/number of patrons shall not exceed the occupancy limit for the premises established by the Anaheim Fire Department and Building Division. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. Police Department 15 No persons under 18 years of age shall be permitted to enter and stay within any area of the business premises where the smoking of tobacco or other substances is allowed, including any outdoor seating area, and signs shall be posted at the entrances to the patio area and the indoor smoking lounge stating “No person under the age of 18 allowed.” Police Department 16 The restaurant shall be maintained as a bona fide restaurant at all times it is open for business. The restaurant shall provide a menu containing an assortment of foods normally offered in such restaurant. No smoking of any tobacco products shall be permitted within the restaurant. Signs prohibiting smoking of tobacco products within the restaurant shall be installed and maintained at entry points to the restaurant advising patrons that smoking is prohibited within the restaurant, including any area used for the preparation of food. Police Department 17 The doors shall remain closed at all times, except during times of entry or exit, emergencies and deliveries. If the applicant applies to the City for and obtains an entertainment permit, entertainment must be contained in the restaurant portion of the business only. There shall be no entertainment, Police Department - 8 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT amplified music or dancing permitted in either the indoor or outdoor smoking lounges. 18 All hookah preparation shall be conducted wholly within the building. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted. Police Department 19 All employees shall be clothed in such a way as to not expose “specified anatomical areas” as described in Section 7.16.060 of the Anaheim Municipal Code. Police Department 20 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the owner or operator of the business premises shall be removed or painted over within 24 hours of being applied. Police Department 21 The applicant shall monitor the area under their control in an effort to prevent the loitering of persons about the premises. Planning Department, Planning Services Division 22 The area outdoors shall be closed no later than 2:00 a.m. each day. The Police Department retains the ability to review operations that pertain to the patio area/outdoor smoking lounge and make necessary changes or modifications to operations if necessary. Planning Department, Planning Services Division 23 The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation, as described in that document, shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request to ensure compatibility with the surrounding uses. Planning Department, Planning Services Division 24 The parking lot shall be cleaned at the close of the business each night to ensure that trash and debris left by the smoking lounge patrons is removed. Planning Department, Planning Services Division 25 No alcohol sales and consumption shall be permitted within any portion of the indoor and/or outdoor smoking areas. Fire Department 26 The restaurant shall have a self-closing exterior door in order to restrict the migration of tobacco smoke from the outdoor smoking lounge into the indoor restaurant. Planning Department, Planning Services Division 27 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws. Police Department 28 Building shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: • Perimeter building and access route protection. • High valued storage areas. • Perimeter fence and security gating Police Department - 9 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 Closed circuit television (CCTV) security camera are recommended, with the following coverage areas: • Building Entrances • Parking lot • Outdoor Lounge Area • Cashier’s area • Manager’s office covering safe If security cameras are not monitored, signs indicating so should be placed at each camera. CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the tape. CCTV recordings should be kept for a minimum of 30 days before recorded over. CCTV videotapes should not be recorded over more than 10 times per tape. Use of digital recording equipment as an alternative to videotape is encouraged. Police Department 30 Address numbers shall be positioned so as to be readily readable from the street. Number should be illuminated during hours of darkness. Police Department 31 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Wide-angle peepholes or other viewing device shall be installed in solid doors where natural surveillance is compromised.The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. Police Department GENERAL CONDITIONS 32 Any violation of the terms and conditions of Conditional Use Permit No. 2013-05702A and/or Variance No. 2014-04989A or these conditions, shall be sufficient grounds for revocation. Planning Department, Planning Services Division 33 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of a building permit shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department, Planning Services Division 34 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 Department, Planning Services Division - 10 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 35 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 36 The Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Department, Planning Services Division AT T A C H M E N T NO . 2 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 7 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: NOVEMBER 3, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05702 AND VARIANCE NO. 2014-04989 LOCATION: 1220 South Brookhurst Street (Nara Bistro) APPLICANT/PROPERTY OWNER: The applicant is Salee Zawerbek and the property owners are Mohamed Khouraki & Youssef Ibrahim Partners. REQUEST: The applicant is requesting approval of a conditional use permit to expand an existing restaurant and indoor smoking lounge and to permit and retain an outdoor smoking lounge. The applicant is also requesting approval of a variance to allow fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2013-05702 and Variance No. 2014-04989. BACKGROUND: This 2.27-acre property is developed with a commercial center. The property is located in the General Commercial (C-G) zone and Brookhurst Commercial Corridor (BCC) overlay zone. The General Plan designates this property for General Commercial land uses. The property is surrounded by commercial and residential uses to the north across Ball Road, a restaurant to the east, condominiums to the south, and commercial uses to the west across Brookhurst Street. In 2010, this business was approved as a smoking lounge through an administrative regulatory permit. Food service inside the restaurant was allowed at the time. Since the approval of the administrative permit, the City Attorney has advised staff that enforcement of State labor laws relating to workplace smoking falls within the City’s jurisdiction. State labor laws include the prohibition of smoking indoors where food and beverages are served. Staff is now actively enforcing the prohibition of food service inside all indoor smoking lounges. This conditional use permit request was initiated through Code Enforcement actions pertaining to the unpermitted outdoor smoking lounge and outdoor heating of coals. ATTACHMENT NO. 3 VARIANCE NO. 2014-04989 AND CONDITIONAL USE PERMIT NO. 2013-05702 November 3, 2014 Page 2 of 3 PROPOSAL: The applicant proposes to modify the floor plan and operations of the existing restaurant and smoking lounge in order to comply with the State Smoke-free Workplace laws. The request includes an indoor restaurant that would serve food only; a separate indoor smoking lounge; and an outdoor smoking lounge with service of food. The restaurant and indoor smoking lounge would be open from 11:00 a.m. to 4:00 a.m. daily. The outdoor smoking lounge is proposed to close at 2:00 a.m. No sales of alcoholic beverages are proposed within the smoking lounge or the restaurant. The following changes to the existing business operations and plans are proposed:  Modify the existing smoking lounge and restaurant to become an 884 square foot indoor restaurant where no smoking would be permitted.  Create a 1,364 square foot indoor smoking lounge adjacent to, but separate from, the restaurant where no food or drink sales or service would be permitted.  Create a 959 square foot outdoor smoking lounge with sales and service of food to be surrounded by a six foot high wrought iron fence.  Utilize an adjacent tenant space for storage. ANALYSIS: A conditional use permit is required for a smoking lounge located within 200 feet of a residential zone and for any outdoor smoking lounge. The nearest portion of the smoking lounge tenant space would be approximately 25 feet from the closest residential zone boundary to the south of the property. However, this portion of the tenant space would be used for storage purposes only. The outdoor and indoor portions of the smoking lounge would be located at least 70 feet from the residential zone boundary and approximately 140 feet from the nearest residential dwelling. The commercial building, two drive aisles and two rows of residential carports act as a buffer between the smoking lounge and the adjacent residences. Staff believes that the 140 foot distance from the residences and the intervening structures provide adequate protection for the adjacent residences from noise, odor or other potential impacts from the smoking lounge. No live or amplified music or entertainment is proposed or allowed outdoors. Entertainment would be permitted in the restaurant space, but would not be allowed within the interior smoking lounge because of the State Smoke-free Workplace laws. There have been 11 calls for Police service to this business in the last year. These calls consisted of 5 disturbances, 2 trespasses, 1 fight, 1 assault, 1 criminal threat and 1 mental case. Police Department staff does not consider these calls to be extraordinary for this location and therefore, do not object to this proposal. Staff conducted an inspection of the commercial center and found it to be properly maintained. The smoking lounge has been operating in a manner compatible with the area and surrounding businesses. Parking: The restaurant and smoking lounge are located in a commercial center with various types of commercial, office and retail uses. The majority of these businesses operate during regular weekday business hours. The restaurant and smoking lounge would be open during weekday business hours; however, peak periods would occur at night and on weekends. VARIANCE NO. 2014-04989 AND CONDITIONAL USE PERMIT NO. 2013-05702 November 3, 2014 Page 3 of 3 The Zoning Code requires 199 parking spaces for the commercial center, including 67 parking spaces for the restaurant and smoking lounge. A total of 120 parking spaces are provided on site. The property originally had more parking spaces which were removed with the construction of the service station at the southeast corner of Ball Road and Brookhurst Street. The peak parking demand for the smoking lounge and restaurant occurs after 8:00 p.m. on weekends. The majority of the businesses within the center are closed by 7:00 p.m. with the exception of three restaurants and a smoke shop which close between 9:00 p.m. and 10:00 p.m. Because the subject business primarily operates during the off-peak hours for the center, the parking spaces available on-site are adequate to accommodate the parking demand of the proposed smoking lounge and the commercial center. Staff has verified the availability of adequate parking during site inspections conducted on weekends after 10:00 p.m. PARKING REQUIREMENTS FOR THE COMMERCIAL CENTER DURING PEAK SMOKING LOUNGE HOURS OF OPERATION Use After 8 p.m. After 9 p.m. After 10 p.m. Nara Bistro/Smoking Lounge 46 46 46 Fast Food Restaurants 10 0 0 Smoke Shop 5 5 0 Restaurant 38 38 0 Total Required 99 89 46 CONCLUSION: Staff believes that the request to permit an expansion of the existing restaurant and indoor smoking lounge and create a new outdoor smoking lounge is compatible with the adjacent businesses and the surrounding area. The restaurant and outdoor smoking lounge would operate during times when the other businesses will be closed, freeing up parking for Nara Bistro. Therefore, staff recommends approval of this request. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Applicant’s Letters of Request 4. Police Department Memorandum The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Site Photographs 6. Plans BROOKHURST STREET BA L L R O A D P10P11P12P13P14P15P17P18P16P19P20P21 P22 P23 P24 P2 P3 P4 P5 P6 P7 P8 P9 P1 P25 P26 P27 P28 P29 P30 P31 P32 P33 H.C P34 P35 H.C P36 P37 P38 P39 P40 P41 P43 P43 P45 P46 P47 P48 P49 P50 P51 P52 P53 P54 P55 P56 P57 P58 P59 P60 P61 P62 P63 P64 P65 P66 P67 P68 P69 P70 P71 P72 P73 P74 P75 P76 P77 P78 P79 P80 P81 P82 P83 P84 P85 P86 P87 P88 P89 P90 P91 P92 P93 P94 H . C H . C P105 P106 P108 P109 P110 P111 P112 P113 P114 P115 P96 P101 P102 P104 P116 P117 P118 P119 P103 P107 P120 TB TB TB TB FIRE HYDRANT P95 P97 P98 P99 P100 GRAPHIC SCALE 0 5' 1' 20'30'50'SITE PLAN SCALE 1/16" = 1'-0" Existing 7/11 and Gas station ò Golden Crown Smoke Shop 1200 BROOKHURST VACANT 1202 LAUNDROMAT 1204 Elegant Nails 1216 INSURANCE 1218 Smoking Lounge 1364 sq. ft. 1222 1/2 ò Barber Shop = power poles TB = Trash bins APN 128-341-56 Property size: 2.27 acres Zoning: General commercial existing land use: General commercial ò 6$17,$¶6 PIZZA 1206 JAY CLEANER 1208 KAREEM REST. 1210 DENTIST 1212 CASH FOR GOLD 1214 TAMARA SALON 1224- 1226 Brookhurst Vacant 1228 Brookhurst Casa Gamino Restaurant 1220 Existing Nara Bistro Restaurant DATE EX. PREPARED SHEET Line of Covered Colonnade Fire Hydrant P = Parking Vacant Pr o p e r t y M a n a g e r , K i m b e r l y M o o r e Pr e m i e r C o m m e r c i a l B r o k e r a g e Li c . # 0 1 8 0 0 4 2 5 Ph . 9 4 9 2 5 0 - 4 1 8 1 Pr o p r i e t o r , S a l e e Z a w e r b e k 12 2 0 S B r o o k h u r s t , A n a h e i m . , C A Ph . # 9 4 9 2 3 1 - 9 9 9 4 ****** * * ************ *** Tenants that close before 7 PM Tenants that stay open after 7 PM 1222 Proposed storage 1090 sq. ft. N Outdoor Smoking Lounge New Sidewalk 884 sq. ft. 959 sq. ft. 1 OF 2 SI T E P L A N * * P1 2 0 6 f t h i g h o r g . i r o n r a i l i n g Emergency Exit 6 ft high org. iron railing Exit E. S . P E.S. P 1222 1/2 Vacant Not A Part 1224 & 1226 Not A Part Proposed Hookah Storage Existing Restaurant Kitchen Proposed Hookah preparation area Proposed Smoking Lounge 1364 sq. ft. 1222 S Brookhurst, Anaheim, Ca. Proposed Storage 1090 sq. ft. Nara Bistro 1222 S Brookhurst, Anaheim. Ca. Storage only Eating only - no smoking Existing Restaurant 884 sq. ft. Proposed Outdoor smoking lounge 959 sq. ft. New 6' Sidewalk Ne w 6 ' S i d e w a l k SCALE 1/4" = 1'-0" DATE EX. PREPARED SHEET Line of Covered Colonnade Pr o p e r t y M a n a g e r , K i m b e r l y M o o r e Pr e m i e r C o m m e r c i a l B r o k e r a g e Li c . # 0 1 8 0 0 4 2 5 Ph . 9 4 9 2 5 0 - 4 1 8 1 Pr o p r i e t o r , S a l e e Z a w e r b e k 12 2 0 S B r o o k h u r s t , A n a h e i m . , C A Ph . # 9 4 9 2 3 1 - 9 9 9 4 A EGG C B B H F Nara Bistro 1220 S Brookhurst, Anaheim. Ca. Proprietor, Salee Zawerbek A E3E2E1 E5E4 E5 B Hookah Coal Burner Ventilation Hood 2 OF 2 FL O O R P L A N El e c t r i c a l R o o m Door Schedule 4'-0" x 6'-8" STEEL DOOR 3'-0" x 6'-8" STEEL DOOR DOUBLE 3'-0" x 6'-8" STEEL DOOR 3'-0" x 6'-8" SOLID CORE DOOR 3'-6" x 6'-8" GLAS DOOR 3'-0" x 6'-8" GLAS DOOR 3'-0" x 6'-8" WOOD DOOR 2'-0" x 6'-8" WOOD DOOR 3'-0" x 6'-8" O.I. DOORI H G F E D C B A 27"x48" Charcoal Heating & Hot Charcoal Equipment Legend Cooling 30" deep x 28" ref.E1 24"x60" tableE2 24"x30" tableE3 24"x24" existing sinkE4 18"x60" shelfE5 EXIST. SUB PANEL NEW WALLS Legend 6' High Orn. Iron Fence Proposed smoking lounge = 959 sq. ft. 4297 sq. ft. Total sq. ft. Existing restaurant = 1,364 sq. ft. Proposed outdoor smoking lounge = 1090 sq. ft. Total sq. ft. Restaurant storage = Parking per 1000 sq. ft. @ 8 / 1000 = 7 @ 17 / 1000 = 23 @ 8 / 1000 = 9 @ 17 / 1000 = 17 Parking required 56 884 sq. ft. Total Parking Available for Site 122 A T T A C H M E N T N O . 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 Nara Bistro – Letter of Intent Page 1 of 6 Date: April 4, 2018 To: City of Anaheim Planning and Building Department 200 S. Anaheim Boulevard Anaheim, CA 92805 From: Nara Bistro 1220 S. Brookhurst Street Anaheim, CA 92801 RE: LETTER OF INTENT FOR: NARA BISTRO LOCATED AT: 1220 S. BROOKHURST STREET, ANAHEIM, CA 92801 Introduction Nara Bistro is a Mediterranean restaurant and hookah lounge that has successfully served the Anaheim community for nearly 8 years under the proprietorship of Salee Zawerbek, who purchased the business on October 1, 2010. We pride ourselves on a culturally authentic atmosphere and meticulously high standard of service; and our adherence to these principles has largely attributed to a growing demand that we aim to fulfill through the proposed expansion and operating conditions outlined in this letter. History Hookah surfaced in its modern form on or about the 15th Century, when Indian Glass manufacturing began as a result of the exporting of glass to India through the British ATTACHMENT NO. 8 Nara Bistro – Letter of Intent Page 2 of 6 East India Company. Its popularity rose under the Ottoman Empire, where it became a status symbol of the time, and was commonly smoked after royal dinners and at diplomatic functions. Since its fruition, Nara Bistro has aimed to maintain the level of esteem once associated with this favorable pastime. “Nara” is a casual Arabic term meaning “flame” and, in certain cases, implies “charcoal” as well. When a hookah is served, our trained hookah servers place “Nara” atop the customer’s chosen flavor. This process helped coin our original slogan: There is no hookah without Nara™. Our hookah, equally delectable cuisine, and agreeable atmosphere, combine to create the experience that embodies the essence of Nara Bistro. What began as a desire to share a rich piece of history and culture with the Anaheim community has become one of the longest-serving establishments of its kind today. Clientele Our customers consist mostly of professional adults, families, and college students between 24 and 45 years old. We allow guests to stay for as long as they’d like and do not pressure them to purchase more goods in return, but they typically stay between 1 and 2.5 hours. Business Profile Item Detail  Full Address 1220 S Brookhurst Street, Anaheim, CA 92804  Current Business Size 4,733 ft2  Telephone (714)  991 ‐ 6800  Anaheim Business License BUS 2010‐03183  Anaheim Entertainment License REG 2010 00083  Board of Equalization EA 101‐655731  Health Department Permit Number Rec ID PR 0006092  Tobacco Permit Number 91‐326906  Conditional Use Permit Number 2013‐05702  Liability Insurance Lloyd of London  Workers Compensation ADP Workers Comp  Nara Bistro – Letter of Intent Page 3 of 6 History of Business Licenses: 1220 S Brookhurst Street Business Name Owner Description Open Date Expiration Date Alkarnak  Khamis Y Do hall  Not Shown  1/25/1996  1/25/1998 Alkarnak Hanan A Hassan Tea & Coffee House 5/10/2001 5/10/2002 Café Arabica  Hanan A Hassan  Coffee/Tea/Hookah Bar 8/1/2002  5/10/2003 Al Karnak Coffee Shop Mohd R Hurani Coffe Shop & Smoke 1/28/2003 1/24/2010 Al Karnak Coffee Shop Sayed M Nasr &  Marian Afurong Coffe Shop & Smoke  10/1/2009  10/1/2010 Little Arabias Nara Café Salee Zawerbek Coffe & Smoke Lounge 10/1/2010 10/1/2012 Nara Bistro  Salee Zawerbek  Smoke Lounge & Café  9/23/2014  Current Current Number of Employees Full Name Title Type Relation  Salee Zawerbek  Owner/Manager  n/a  Self  Nile Aziz Waiter/Server Full‐Time Brother‐in‐Law  Jamal Mahmoud Ismail  Chef  Full‐Time  Uncle  Nyrees Bchihalouk Waiter/Server Full‐Time Niece  Semaf Bchihalouk  Hookah Staff  Full‐Time  Nephew  Baher Gerges Waiter/Server Full‐Time n/a  Bassem Halim  Waiter/Server  Full‐Time  n/a  General Hookah Staff Full‐Time n/a  General  Hookah Staff  Part‐Time  n/a  General Kitchen Staff Full‐Time n/a  Proposed New Number of Employees We aim to hire two additional kitchen staff members and one additional hookah staff member. Nara Bistro – Letter of Intent Page 4 of 6 Proposal: Expansion for Business & Business Hours Address Square Footage Use Hours of Operation EXISTING  1218 S Brookhurst St 1,364  Indoor Smoking  7 days per week  7 AM to 4 AM  EXISTING  1220 S Brookhurst St 884 Restaurant Use 7 days per week  7 AM to 4 AM EXISTING  1220 S Brookhurst St 990  Outdoor Smoking  7 days per week  7 AM to 4 AM PROPOSED  1222 S Brookhurst St 858 Outdoor Smoking 7 days per week  7 AM to 4 AM PROPOSED  1222 ½ S Brookhurst St 1,432  Restaurant Use  7 days per week  7 AM to 4 AM EXISTING  1222 ½ S Brookhurst St 1,495 Restaurant Use 7 days per week  7 AM to 4 AM Proposal: Security Due to our demographic, business environment, and peak hours of operation, we propose an amendment to condition #6 of our Conditional Use Permit. We would like to provide one security guard on Friday and Saturday from 9:00 PM until closing and remove the condition that he/she be uniformed. We will require our security to be professionally dressed and carry a copy of their certification with them during those times and we believe that a more comfortable, safe, and respectable environment will result from this modification. Proposal: Entertainment Because our table turnover rate is relatively slow, we must compensate for this in order to remain a profitable business. Nara Bistro would like to offer a wider range of contracted entertainment given that it is compliant with our entertainment permit and does not disturb surrounding businesses or residences. We propose an amendment to condition #16 of our Conditional Use Permit to allow for contracted entertainment in the indoor smoking lounge and outdoor smoking patio. Nara Bistro – Letter of Intent Page 5 of 6 Proposal: Admission & Minimum Charges In order to compensate for current and future entertainment costs, we propose an amendment to condition #9 of our Conditional Use Permit to allow for admission fees (such as ticket sales) and minimum purchase requirements, which aids in compensating for our slow table turnover rate. Proposal: Door Closure Our restaurant area cannot be accessed by our indoor smoking lounge. It only shares a connection to our outdoor smoking patio. We believe that ventilation on our outdoor smoking patio is sufficient enough to remove condition #25 of our Conditional Use Permit. Proposal: Minimum Age Requirement in Select Areas Nara Bistro would like to provide an environment that can be enjoyed by families. We propose an amendment to condition #14 of our Conditional Use Permit to allow for accompanied minors on the outdoor smoking patio so long as they are not smoking. Because it is outdoors, ventilation is not an issue, and under no circumstances would a legal minor be permitted to enter the indoor smoking lounge. A customer’s violation of our proposed policy would result in a permanent ban from entering our premises. Proposal: Parking Variance We believe the parking stalls available in our commercial retail center will sufficiently meet the demand of the proposed expansion and use. A parking justification letter with parking study and parking tabulation has been submitted to support our claim. Nara Bistro – Letter of Intent Page 6 of 6 Certification I certify that the above information and statements contained herein are in all respects true and correct. Respectfully, Signature: ______________________________________ Date:________________________ Nara Bistro – Parking Variance Justification Letter Page 1 of 10 Date: July 12, 2018 To: City of Anaheim Planning and Building Department 200 S. Anaheim Boulevard Anaheim, CA 92805 From: Nara Bistro 1220 S. Brookhurst Street Anaheim, CA 92801 RE: PARKING VARIANCE JUSTIFCATION LETTER FOR: NARA BISTRO LOCATED AT: 1220 S. BROOKHURST STREET, ANAHEIM, CA 92801 Introduction Please consider the information outlined in this letter as our proposed justification for a parking variance. Nara Bistro is a Mediterranean restaurant and hookah lounge that has successfully served the Anaheim community for nearly 8 years under the proprietorship of Salee Zawerbek. As we expand to meet the demands of our growing customer base, it is our intent to remain compliant with all city codes and regulations. The City of Anaheim Municipal Code’s parking requirement for the proposed use is 26 stalls based on the attached parking tabulation for the entire property. The purpose of this letter is to maintain our claim that the 120 parking stalls available to the commercial retail center in which we operate will still sufficiently serve the center’s collective needs without adversely affecting the adjoining land uses. ATTACHMENT NO. 9 Nara Bistro – Parking Variance Justification Letter Page 2 of 10 Operational Characteristics Proposed Additions  858 ft2 – Outdoor Smoking Lounge  1,432 ft2 – Kitchen Space Peak Hours of Operation  Nara Bistro – Between 9 PM and 12 AM (See Attachment 1)  Entire Commercial Center – Between 4 PM and 6 PM Parking Required by Nara Bistro  Existing Requirement – 59 stalls  Additional Requirement for Proposed Use – 26 stalls Hours of Operation for all Businesses in the Commercial Center Business Name Hours of Operation Laundromat DAILY: 7 AM to 10 PM Santia’s Pizza & Ribs DAILY: 10 AM to 9 PM Elegant Nails TUES-SAT: 10 AM to 7 PM – SUN: 11 AM to 5 PM Golden Crown Smoke Shop MON-SAT: 9 AM to 10 PM – SUN: 9 AM to 8 PM DAILY: 9 AM – 2 AM Noor Alteration MON-SAT: 10 AM to 8 PM Kareem Mediterranean Restaurant DAILY: 8 AM to 10 PM Village Dental Group MON: 10 PM to 6 PM – WED: 10 PM to 6 PM Sunset Medical Chiropractic MON-FRI: 10 AM to 6 PM – SAT: 10 AM to 2 PM Tamara Aziz Salon TUES-SAT: 10 AM to 7 PM Omni Safe Insurance MON-FRI: 8 AM to 7 PM – SAT/SUN: 10 AM to 4 PM Nara Bistro DAILY: 7 AM to 4 AM (Proposed) Santa Maria Pharmacy MON-FRI: 9:30 AM to 7 PM Barber Shop MON-SAT: 9 AM to 6 PM – SUN: 9 AM to 4 PM Casa Gamino Restaurant MON: 11 AM to 10 PM – TUES-SAT: 10 AM to 10 PM SUN: 10AM to 9PM Nara Bistro – Parking Variance Justification Letter Page 3 of 10 Parking Required at 9:00 PM  Existing Requirement – 117 stalls  Additional Requirement for Proposed Use – 26 stalls Parking Required at 10:00 PM  Existing Requirement – 59 stalls  Additional Requirement for Proposed Use – 26 stalls Observed Parking Demand at Project Site Counts of occupied parking stalls at the site were taken on the following times to determine the number of parking stalls actually being utilized at the project site during anticipated peak hours of operation: (see next 3 pages) Nara Bistro – Parking Variance Justification Letter Page 4 of 10 Date Day Time Occupied Spaces Available Spaces 6/22/2018 Friday 9:30 PM 73 47 6/22/2018 Friday 10:30 PM 97 23 6/22/2018 Friday 11:30 PM 92 28 6/23/2018 Saturday 12:30 AM 78 42 6/23/2018 Saturday 9:30 PM 80 40 6/23/2018 Saturday 10:30 PM 101 19 6/23/2018 Saturday 11:30 PM 96 24 6/24/2018 Sunday 12:30 AM 84 36 6/24/2018 Sunday 9:30 PM 76 44 6/24/2018 Sunday 10:30 PM 83 37 6/24/2018 Sunday 11:30 PM 79 41 6/25/2018 Monday 12:30 AM 63 57 6/25/2018 Monday 9:30 PM 64 56 6/25/2018 Monday 10:30 PM 56 64 6/25/2018 Monday 11:30 PM 60 60 6/26/2018 Tuesday 12:30 AM 54 66 6/26/2018 Tuesday 9:30 PM 62 58 6/26/2018 Tuesday 10:30 PM 49 71 6/26/2018 Tuesday 11:30 PM 42 78 6/27/2018 Wednesday 12:30 AM 33 87 6/27/2018 Wednesday 9:30 PM 94 26 6/27/2018 Wednesday 10:30 PM 95 25 6/27/2018 Wednesday 11:30 PM 95 25 6/28/2018 Thursday 12:30 AM 62 58 6/28/2018 Thursday 9:30 PM 98 22 6/28/2018 Thursday 10:30 PM 87 33 6/28/2018 Thursday 11:30 PM 74 46 6/29/2018 Friday 12:30 AM 55 65 6/29/2018 Friday 1:30 AM 38 82 6/29/2018 Friday 2:30 AM 46 74 Nara Bistro – Parking Variance Justification Letter Page 5 of 10 6/29/2018 Friday 3:30 AM 33 87 Date Day Time Occupied Spaces Available Spaces 6/29/2018 Friday 9:30 PM 71 49 6/29/2018 Friday 10:30 PM 64 56 6/29/2018 Friday 11:30 PM 96 24 6/30/2018 Saturday 12:30 AM 82 38 6/30/2018 Saturday 1:30 AM 66 54 6/30/2018 Saturday 2:30 AM 56 64 6/30/2018 Saturday 3:30 AM 41 79 6/30/2018 Saturday 9:30 PM 86 34 6/30/2018 Saturday 10:30 PM 101 19 6/30/2018 Saturday 11:30 PM 100 20 7/1/2018 Sunday 12:30 AM 88 32 7/1/2018 Sunday 1:30 AM 93 27 7/1/2018 Sunday 2:30 AM 91 29 7/1/2018 Sunday 3:30 AM 65 55 7/1/2018 Sunday 9:30 PM 59 61 7/1/2018 Sunday 10:30 PM 72 48 7/1/2018 Sunday 11:30 PM 55 65 7/2/2018 Monday 12:30 AM 40 80 7/2/2018 Monday 1:30 AM 41 79 7/2/2018 Monday 2:30 AM 42 78 7/2/2018 Monday 3:30 AM 34 86 7/2/2018 Monday 9:30 PM 70 50 7/2/2018 Monday 10:30 PM 64 56 7/2/2018 Monday 11:30 PM 56 64 7/3/2018 Tuesday 12:30 AM 49 71 7/3/2018 Tuesday 1:30 AM 34 86 7/3/2018 Tuesday 2:30 AM 34 86 7/3/2018 Tuesday 3:30 AM 23 97 7/3/2018 Tuesday 9:30 PM 68 52 7/3/2018 Tuesday 10:30 PM 69 51 Nara Bistro – Parking Variance Justification Letter Page 6 of 10 7/3/2018 Tuesday 11:30 PM 78 42 Date Day Time Occupied Spaces Available Spaces 7/4/2018 Wednesday 12:30 AM 60 60 7/4/2018 Wednesday 1:30 AM 55 65 7/4/2018 Wednesday 2:30 AM 54 66 7/4/2018 Wednesday 3:30 AM 45 75 7/4/2018 Wednesday 9:30 PM 55 65 7/4/2018 Wednesday 10:30 PM 64 56 7/4/2018 Wednesday 11:30 PM 84 36 7/5/2018 Thursday 12:30 AM 79 41 7/5/2018 Thursday 1:30 AM 59 61 7/5/2018 Thursday 2:30 AM 40 80 7/5/2018 Thursday 3:30 AM 28 92 7/5/2018 Thursday 9:30 PM 71 49 7/5/2018 Thursday 10:30 PM 83 37 7/5/2018 Thursday 11:30 PM 77 43 7/6/2018 Friday 12:30 AM 71 49 7/6/2018 Friday 1:30 AM 45 75 7/6/2018 Friday 2:30 AM 36 84 7/6/2018 Friday 3:30 AM 30 90 Nara Bistro – Parking Variance Justification Letter Page 7 of 10 Other Circumstances Other circumstances exist at the project site and/or the proposed use that further reduces the parking demand and includes: Circumstance Available? Description Site Served by Public Transportation? Yes Bus stop Carpool/Vanpool Program Available to Employees? No n/a Bike Racks Available at the Project site? No n/a Other Circumstances? Yes Peak times for Nara Bistro are outside the operating hours of most other businesses in the center. Outdoor Smoking expansion is already in use, so the parking study includes the additional demand. Analysis The highest observed parking demand at the existing project site is 101 stalls, which is sufficiently less than the 120 available stalls. Since our peak times are outside the operating hours of the all other businesses in the retail center, the current stalls will adequately accommodate the center’s actual demand. We’d also like to note that the survey was conducted while the proposed expansion was in use, so we do not foresee an increase in average traffic. Nara Bistro – Parking Variance Justification Letter Page 8 of 10 Certification I certify that the above information and statements contained herein are in all respects true and correct. Respectfully, Signature: ______________________________________ Date:________________________ Nara Bistro – Parking Variance Justification Letter Page 9 of 10 PARKING TABULATION Address Business Name Use Unit Size (sq. ft.) Parking Ratio (spaces/1,000 sq. ft) Parking Required 1200 S Brookhurst St n/a Vacant 3,920 5.5 21.56 1202 S Brookhurst St Laundromat Personnel Services 1,568 5.5 8.62 1202 ½ S Brookhurst St Santia’s Pizza & Ribs Restaurant 875 5.5 4.81 1204 S Brookhurst St Elegant Nails 504 5.5 2.77 1204 ½ S Brookhurst St Golden Crown Smoke Shop Retail Sales 920 5.5 5.06 1206 S Brookhurst St Noor Alteration 600 5.5 3.3 1208 S Brookhurst St Kareem Mediterranean Restaurant Restaurant 997 5.5 5.48 1210 S Brookhurst St Village Dental Group Medical & Dental 1,380 6 8.28 1212 S Brookhurst St Sunset Medical Chiropractic Medical & Dental 1,380 6 8.28 1214 S Brookhurst St Tamara Salon 1,380 5.5 7.59 1216 S Brookhurst St Omni Safe Insurance 875 4 3.5 1218 S Brookhurst St Nara Bistro Indoor Smoking 1,364 17 23.19 1220 S Brookhurst St Nara Bistro Restaurant 884 8 7.07 1220 S Brookhurst St Nara Bistro Outdoor Smoking 990 17 16.83 1222 S Brookhurst St PROPOSED Nara Bistro Outdoor Smoking 858 17 14.59 1222 ½ S Brookhurst St PROPOSED Nara Bistro Restaurant 1432 8 11.46 1222 ½ S Brookhurst St Nara Bistro Restaurant Use 1495 8 11.96 1224-1226 S Brookhurst St Santa Maria Pharmacy Medical & Dental 2,350 6 14.1 1226 ½ S Brookhurst St Barber Shop 478 5.5 2.63 1228 S Brookhurst St Casa Gamino Restaurant Restaurant 4,804 8 38.43 Nara Bistro – Parking Variance Justification Letter Page 10 of 10 TOTALS:29,054 219.51 Nara Bistro – Parking Variance Justification Letter Page 11 of 10 P.O. Box 3222, Anaheim, CA 92803-6142 200 S. Anaheim Blvd. Anaheim, CA 92805 City of Anaheim Planning Services Division REGULATORY PERMIT (714) 765-5139 Permit No.: REG2012-00048 Entertainment permit for DJ, karaoke, comedian and ondist within an existing smoking lounge. Permit Type: Entertainment Description: 1220 S BROOKHURST ST Business Address: NARA BISTRO Business Name: Mail Location:74 WONDERLAND IRVINE, CA 92620 (if different than above) Owner/Officer's: SALEE ZAWERBEK 74 WONDERLAND IRVINE, CA 92620 Date Issued: Operating Conditions: 6.00 The business shall not be operated in such a way as to be detrimental to the public health, safety and welfare. 7.00 No admission fee, cover charge, nor minimum purchase shall be imposed upon patrons. 8.00 The entertainment shall be restricted to that described in the original application. 9.00 Any violation of these conditions shall be sufficient grounds for revocation of the permit. 10.00 Entertainment must be held within the building only. No entertainment is allowed in the patio area. 11.00 The permitted event or activity shall not create sound levels which violate any ordinance in the City of Anaheim. 12.00 At all times that entertainment is conducted, security measures shall be provided that are adequate to deter unlawful conduct on the part of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. 13.00 Any time the establishment has entertainment there shall be a security officer(s) required and they shall comply with all state and local laws regulating their services including, without limitation, Chapter 11.5 of Division 3 of the California Business and Professions Code. 14.00 Entertainment may not be audible beyond the applicants' business location. 1.00 The hours of entertainment shall not exceed 2 a.m. or the operating hours of the smoking lounge, whichever is earlier. 2.00 The additional tables shown on the proposed site plan are not permitted. Any additional outdoor seating beyond the 12 seats shown in the Smoking Lounge Permit will require a conditional use permit for outdoor dining, modification to the Smoking Lounge Permit and a variance for parking. 3.00 At all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries, the doors shall remain closed. 4.00 That no flyers, handbills or other advertising displays shall be posted on public property (such as utility poles or utility boxes) advertising such establishment or any activities therein. 5.00 All uses shall be conducted in a manner so as not to be objectionable by reason of noise or vibrations within the premises. 15.00 No public dancing shall be permitted unless and until the appropriate type of dance permit has been obtained from the Planning Department of the City of Anaheim. Please see additional conditions on the back. Post In A Conspicuous Place with Business Tax Certificate See back page for additional code requirements. It is the responsibility of the operator to ensure that these conditions of approval are complied with. Failure to do so may lead to revocation of this permit. You have a right to appeal this decision to an Employee Hearing Officer. Appeals must be submitted to the Planning Services Division no later than . ATTACHMENT NO. 10 18.16.060.040 Operational Standards. All facilities permitted by an entertainment permit shall be subject to the following operational standards: .0401 All entertainers and employees shall be clothed in such a way as to not expose “specified anatomical areas” as described in Section 7.16.060 of the Anaheim Municipal Code. .0402 The operator shall not permit or allow any minor under the age of sixteen years, unless accompanied by a parent or guardian, or permit or allow any intoxicated, boisterous or disorderly persons to enter, be, remain in or to dance therein; .0403 The operator shall not shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing; .0404 The operator shall not permit any person to dance or permit any music to be played or reproduced by any device between the hours of two a.m. and nine a.m. of any day; .0405 Policing. Every person conducting an entertainment venue shall employ a sufficient number of security officers to properly police said dance, the number of such officers to be determined by the Chief of Police. .0406 The entertainment shall be restricted to that described in the application received. .0407 If required by the Police Department, security officers shall be provided that are in compliance with all state and local laws regulating their services including, without limitation, Chapter 11.5 of Division 3 of the California Business and Professions Code. .0408 At all times that entertainment is conducted security measures shall be adequate to deter unlawful conduct on the part of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. .0409 The number of persons attending the event or entertainment shall not exceed the maximum occupancy of the business premises as determined by the Anaheim Fire Department. Signs stating the maximum permitted occupancy shall be posted in a conspicuous place on an approved sign near the main exit from the room. .0410 The business shall not employ or permit any person to solicit or encourage others, directly or indirectly, to buy them drinks in the icensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. .0411 No pyrotechnical material, special effects, open flame devices, or fireworks shall be allowed unless a permit is previously issued in writing by the Anaheim Fire Department and unless the display is in strict accordance with any ordinance adopted by the Anaheim City Council regulating such displays. .0412 The business shall not be operated in violation of any provision of the Anaheim Municipal Code or any other city, state, or federal law. .0413 A cover charge may not be required for admission into the premises unless a conditional use permit is obtained. .0414 Any violation of the development standards or operational standards shall be grounds for revocation of the permit. .0415 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. .0416 The parking lot of the premises shall be equipped with lighting of a minimum one foot candle power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. The position of such lighting shall not disturb the normal privacy and use of any neighboring residents. .0417 The applicants shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the license shall be removed or painted over within 24 hours of being applied. .0418 Any detached patios used for entertainment shall be monitored under video surveillance. .0419 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. .0420 That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. .0421 That there shall be no pool tables maintained upon the premises at any time unless an Amusement Permit is obtained from the Planning Department. .0422 That the activities taking place in conjunction with the operation shall not cause noise disturbances to surrounding properties. .0423 No admission fee, cover charge, advance prepayment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises. .0424 The business shall not be operated in such a way as to be detrimental to the public health, safety and welfare. .0425 Any violation of the application, or any of these conditions, shall be sufficient grounds to revoke the permit. .0426 No dancing shall continue beyond two (2:00) A.M. ATTACHMENT NO. 11 Nara Bistro History of Entitlements and Activities Date Description 2010 Business issued an administrative regulatory permit for an indoor smoking lounge and restaurant with food service. 2012 Business issued administrative regulatory permit for entertainment, permitting entertainment indoors till 2 a.m.; no public dancing. 2014 Planning Commission approved CUP2013-05702 to expand smoking lounge outdoors and Variance No. 2014-04989 to permit fewer parking spaces than Municipal Code permits. Food service was limited to indoor restaurant (never built) and outdoor smoking lounge patio. Conditions of approval required applicant to obtain an entertainment permit for the restaurant portion of the business but did not occur. Entertainment occurred in the indoor smoking lounge as the applicant assumed the former regulatory entertainment permit was sufficient. 2015 Applicant obtained building permits for tenant improvements to add a canopy to the patio area, hookah prep area, new bathrooms, new office and storage room, and remodel of indoor smoking lounge booths and tables. Two permit extensions were granted till 11/05/18 but the building permits were never finaled and subsequently expired. 2017 July 11 Applicant filed CUP and Variance applications to expand the business and request for fewer parking than required by Municipal Code. 2017 Dec 6 Code Enforcement sent courtesy notice of violation for Condition of Approval #16 and #21 to business owner and property owner. 2018 Jan 23 Staff notified applicant of missing documents to process application. 2018 Jan 31 Code Enforcement sent Notice of Violation and Order to Comply for violation of Conditions #6, #11, #20, & #21 to business owner and property owner. 2018 Mar 28 Code Enforcement sent First Civil Citation to correct violations #6, #11, #14, #16, #20, & #21 to business owner. Note: = Original regulatory permit; = CUP2013-05702/VAR2014-04989; = Tenant Improvements BLD2015-01787; = CUP2013-05702A/ VAR2014-04989A Date Description 2018 April 11 Applicant submitted Letter of Intent and Parking Study. 2018 May 31 Staff met with business owner to address unpermitted extension of restaurant and to address life and safety issues and to advise the next steps for applicant. 2018 June 4 Building permit extension requested by applicant till 11/5/2018. 2018 June 12 Building Department issued Correction Notice for the unpermitted expansion of restaurant; requested applicant to address certain life and safety issues; and obtain CUP approval within 3 months for expanded restaurant (Sept 12, 2019 deadline). ATTACHMENT NO. 12 2018 June 18 Staff advised applicant that the application was incomplete until their parking study was updated due to parking issues cited per Code Enforcement. 2018 Aug 13 Finance Department informed applicant that additional fees were required to process the application. 2018 Sept 7 Staff worked with applicant to revise fees; Finance Department offered a monthly payment plan to applicant through May 2019 for processing fees. 2018 Dec 19 Applicant agreed to monthly payment plan through May 2019; Planning resumed processing of application. 2019 Jan 3 Applicant paid first monthly installment of fees. 2019 Feb 7 Applicant paid monthly processing fee. 2019 Feb 25 Planning requested Code Enforcement to re-inspect business to determine if Conditions of Approval were followed. 2019 Mar 12 Applicant paid monthly processing fee. 2019 Mar 18 Code Enforcement provided investigative report of the business operations and current violations (See Attachment #7) 2019 April 3 Code Enforcement provided two week follow up investigative report of the business operations and current violations (See Attachment #7) 2019 April 16 Staff advised applicant to hire an architect to determine cost analysis of business options: restaurant or indoor hookah only. Due to unpermitted tenant improvements, the outdoor hookah lounge was no longer defined as a patio per Building Code definition. 2019 May 16 Finance Department contacted business owner for payment of processing fees. 2019 June 4 Applicant submitted revised plans; conference call with applicant postponed to early July. 2019 June 28 Applicant paid monthly processing fee. 2019 July 9 Applicant cancelled meeting with staff due to cost analysis not being completed by licensed architect to determine best use of restaurant expansion. 2019 July 17 Project scheduled for Planning Commission hearing 10/28/19 to determine best course of action. 2019 Sept 30 Application was postponed to December 9, 2019 hearing due to other existing projects scheduled for 10/28/19. 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.