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PC 2014/12/15 City of Anaheim Planning Commission Agenda Monday, December 15, 2014 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: John Seymour • Chairman Pro-Tempore: Michelle Lieberman • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell, Bill Dalati, Victoria Ramirez • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion iPad Distribution • 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 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, December 11, 2014, 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 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 12/15/14 Page 2 of 7 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 public comments on agenda items with the exception of public hearing items. 12/15/14 Page 3 of 7 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2014-05746 VARIANCE NO. 2014-04978 PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00110 (DEV2014-00071) Location: 3125 East Orangethorpe Avenue Request: To permit a convenience market with sales of beer and wine for off-premises consumption and a fast food restaurant in conjunction with an existing service station, with fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Resolution No. ______ Project Planner: Elaine Thienprasiddhi ethien@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2014-05748 (DEV2014-00076) Location: 1665 South Brookhurst Street Request: To convert an existing one-story office building to a senior assisted living facility. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Elaine Thienprasiddhi ethien@anaheim.net 12/15/14 Page 4 of 7 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 1402A VARIANCE NO. 2014-04991 (DEV2014-00122) Location: 900 East Broadway Request: To permit an unpermitted expansion to an animal hospital with fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2014-05743 VARIANCE NO. 2014-04981 (DEV2014-00065) Location: 5773 East Santa Ana Canyon Road Request: To permit and retain an indoor smoking lounge (cigar lounge) within 200 feet of residential properties and within 1,000 feet from a school with fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net 12/15/14 Page 5 of 7 ITEM NO. 6 VARIANCE NO. 2014-04990 (DEV2013-00135A) Location: 5401 East La Palma Avenue Request: To allow a 25 foot high freestanding sign at an existing automotive dealership that is taller than permitted by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 11 (Accessory Structures) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 7 CONDITIONAL USE PERMIT NO. 2014-05757 VARIANCE NO. 2014-04986 (DEV2014-00090) Location: 720 South Beach Boulevard Request: To permit the sale of beer and wine for on-site consumption within an existing restaurant (Guerrero Mexican Grill) with fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Gustavo Gonzalez ggonzalez@anaheim.net ITEM NO. 8 CONDITIONAL USE PERMIT NO. 2013-05688 VARIANCE NO. 2014-04993 (DEV2013-00084) Location: 2508 West Woodland Drive Request: To permit a church within an existing industrial building with fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 12/15/14 Page 6 of 7 ITEM NO. 9 ZONING CODE AMENDMENT NO. 2014-00121 (DEV2014-00123) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code making technical and clarifying changes including, but not limited to, the following Zoning Code chapters: 1) Chapter 18.06 (Multiple-Family Residential Zones) – Clarification of terminology related to non-residential classes of uses and technical corrections to minimum size of recreational- leisure area requirements in multiple-family residential zones; 2) Chapter 18.14 (Public and Special-Purpose Zones) – Clarification of special provisions related to single-family detached dwellings; 3) Chapter 18.16 (Regulatory Permits) – Minor modifications to regulatory permits for entertainment uses; 4) Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) – Minor modifications to the density regulations and minimum parking requirements in the Platinum Triangle Mixed Use Overlay Zone; 5) Chapter 18.32 (Mixed Use (MU) Overlay Zone) – Modification to the regulation of accessory uses by adding Short Term Rentals as a permitted accessory use; 6) Chapter 18.38 (Supplemental Use Regulations) – Minor modifications to the provisions for home occupations; 7) Chapter 18.40 (General Development Standards) – Minor modifications to the regulations of wall height limitations for residential developments; 8) Chapter 18.44 (Signs) – Minor modifications to building sign regulations for multi-tenant commercial and industrial buildings; 9) Chapter 18.46 (Landscaping and Screening) – Minor modifications to the provisions for landscaping requirements in front yard landscape setbacks, wall height limitations abutting railroad corridors for residential developments and landscaping on walls, fences and trash enclosures; 10) Chapter 18.56 (Nonconformities) – Technical corrections to references related to the Community Development Department; 11) Chapter 18.60 (Procedures) – Modifications to the procedures regarding City Council review of discretionary land use applications and the approval authority for time extensions to satisfy conditions of approval; and 12) Chapter 18.92 (Definitions) – Addition of the definition for “Wet Bar”. Environmental Determination: The Planning Commission will consider whether to find the Zoning Code Amendment to be Categorically Exempt from the provisions of the California Environmental Quality Act under Section 21080 of the Public Resources Code. Request for Continuance to January 12, 2015 Project Planner: Gustavo Gonzalez ggonzalez@anaheim.net Adjourn to Monday, January 12, 2015 at 5:00 p.m. 12/15/14 Page 7 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 5:30 p.m. December 10, 2014 (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 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. ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 15, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05746 VARIANCE NO. 2014-04978 PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00110 LOCATION: 3125 East Orangethorpe Avenue APPLICANT/PROPERTY OWNER: The applicant and property owner is Issam Grhreiwatti with Sabrine Oil, Inc., represented by Joseph Karaki with Western States Engineering, Inc. REQUEST: The applicant requests approval of the following applications: 1) A Conditional Use Permit (CUP) to permit a convenience market with sales of beer and wine for off-site consumption, in conjunction with an existing service station; 2) A Variance to allow fewer parking spaces than required by the Zoning Code; and 3) A Determination of Public Convenience or Necessity to permit the sale of beer and wine for off-site consumption. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolutions, determining that a Class 1 Categorical Exemption is the appropriate environmental determination for this request and approving Conditional Use Permit No. 2014-05746, Variance No. 2014-04978 and Determination of Public Convenience or Necessity No. 2014-00110. BACKGROUND: This 0.54 acre property is currently developed with a service station and automotive repair garage. The property is zoned General Commercial (C-G) and the General Plan designates the property for Low Density Residential land uses. Surrounding properties include single family homes to the north and east, multiple-family residences to the south, across Orangethorpe Avenue, and a convenience market to the west, across Kraemer Boulevard. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05746 December 15, 2014 Page 2 of 3 PROPOSAL: The applicant requests approval to convert and expand an existing automotive repair building with three service bays into a convenience market. The existing 1,749 square foot building would be expanded by 481 square feet on the north side of the building. The building would be modified to eliminate the existing garage doors and relocate the entry. The elevations would be updated to include a stucco finish with ledge stone wainscoting and decorative trim. Matching stone would also be applied to the existing canopy columns. The applicant proposes new landscape planters along the north and east property lines where there are currently no planters. Eight Crepe Myrtle trees are proposed along the east property line. The convenience market would include beer and wine sales for off-premises consumption. The beer and wine display area would be limited to the cooler. The convenience market would also have a Subway fast food counter. The fast food counter would be for take-out service only and no seating would be provided on-site. The service station and convenience market would be open 24 hours a day, with sales of beer and wine until 2:00 a.m. The fast food counter would be open from 11:00 a.m. to 10:00 p.m. ANALYSIS: Following is staff’s analysis and recommendations for each requested action: Conditional Use Permit: The proposed use is conditionally permitted in the C-G zone. The Zoning Code requires a conditional use permit for service station convenience markets with beer and wine sales in order to determine compatibility with surrounding land uses. The applicant has designed the project to improve the aesthetics of the property and minimize impacts of the commercial use on the adjacent single-family residences. The proposed project would eliminate a heavy commercial automotive repair use that uses loud equipment. New landscape planters would be constructed along the north and east property lines adjacent to the single-family residences, including a row of trees along the east side. Trees are not permitted along the north property line due to an existing water line running the length of the property, within a ten-foot wide utility easement. The trash enclosure is proposed next to the building and away from the residences to minimize potential noise or odor impacts. Parking: The proposed use requires 15 parking spaces and 14 spaces would be provided. The convenience market requires 12 parking spaces and an additional three spaces are required for the fast food take-out counter. This station has eight fueling stations where vehicles may “park” in addition to the 14 provided spaces. The applicant has experience operating several service stations that include a convenience market and Subway fast food counter and has found that approximately 80 percent of customers to the convenience market “park” at the fueling stations. Staff has made similar observations at other service stations throughout the city. Based on this information, the site would have more than adequate parking to meet the demand of the convenience market and take-out restaurant. Request for Determination of Public Convenience or Necessity: State law limits the issuance of new alcoholic beverage sales licenses when a license is requested for a property located in a police reporting district with a crime rate above the City average or when there is an over-concentration in the number of alcoholic beverage licenses within a census tract. However, such restrictions can be waived if the local jurisdiction makes a determination that the proposed outlet would serve "public convenience or necessity." A Determination of CONDITIONAL USE PERMIT NO. 2014-05746 December 15, 2014 Page 3 of 3 Public Convenience or Necessity is required in this case because approval of this request will result in an over-concentration of off-premises licenses within this census tract. The number of alcohol licenses allowed in each of the City’s census tracts is regulated by the State Department of Alcoholic Beverage Control (ABC) and is based upon population. The project site is located within Census Tract No. 117.22, which has a population of 2,363 residents. This is a relatively low population figure and allows for one license; presently there are three licenses within the tract. This site is located within a police reporting district that has a crime rate that is below the City average. The Police Department does not oppose this request, subject to the recommended conditions of approval which are included in the attached draft resolution. These conditions include a requirement that the manager and employees attend ABC-sponsored training and limits the location and quantity of the alcoholic beverage display area. The applicant also proposes to install a new security camera system for surveillance of the parking area and the interior of the store. Staff believes that the proposed sale of beer and wine as a convenience to customers of the service station would be compatible with the surrounding neighborhood since the sale of beer and wine would be incidental to the service station, convenience market and fast food counter. CONCLUSION: Staff supports the proposed project because it would improve the aesthetics of the property, reduce impacts associated with the current heavy commercial automotive repair use, and provide an improved landscape buffer between the commercial use and adjacent residential uses. The parking provided on-site would be sufficient to meet the parking demand of the business. Staff recommends approval of the project. Prepared by, Submitted by, Elaine Thienprasiddhi Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Draft Public Convenience or Necessity Resolution 4. Applicant’s Letter of Request and Justification 5. Police 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 website at www.anaheim.net/planning. 6. Development Plans 7. Site Photographs R S -3 S IN G L E F A M IL Y R E S ID E N C E RS-3SINGLE FAMILY RESIDENCEC -GRETA IL R M -4 F O U R P L E X S P 9 4 -1 D A 1 IN D U S T R IA L RS-3SINGLE FAMILY RESIDENCERS-3SINGLE FAMILY RESIDENCERS-3SINGLE FAMILY RESIDENCERS-3SINGLE FAMILY RESIDENCERS-3SINGLE FAMILY RESIDENCER S -3 S IN G L E F A M IL Y R E S ID E N C E R S -3SFR R M -4 F O U R P L E X C -G S E R V IC E S T A T IO N C IT Y O F P L A C E N T IA C IT Y O F P L A C E N T IAN KRAEMER BLVDE O R A N G E T H O R P E A V EN KENT STN PHEASANT STE R A D C L IF F E A V EN MEADOWLARK LNN LANDFAIR STN RUTHERFORD STE S A N D P IP E R A V E E A M B E R W O O D S T E . M IR A L O M A A V EE. O R A N G E T H O R P E A V E N. MI LLER STE.CROWTHER AVE N. TUSTI N AVE3 1 2 5 East Orangethorpe Avenue D EV No. 2 0 14-00071 Subject Property APN: 340-181-09 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 14 N KRAEMER BLVDE ORANGETHO R P E A V EN KENT STN PHEASANT STE RADCLIFFE A V EN MEADOWLARK LNN LANDFAIR STN RUTHERFORD STE SANDPIPER A V E E AMBERWOO D S T E. MIRALOMA A V E E. ORANGETH O R P E A V E N. M ILLER ST E.CROWTHER AVE N. TUST IN AVE 3125 East Orangethorpe Avenue DEV No. 2014-00071 Subject Property APN: 340-181-09 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05746 AND VARIANCE NO. 2014-04978 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00071) (3125 EAST ORANGETHORPE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for (i) Conditional Use Permit No. 2014-05746 to permit a convenience market with sales of beer and wine for off-premises consumption and a fast food restaurant in conjunction with an existing service station, and (ii) Variance No. 2014-04978 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code") for that certain real property located at 3125 East Orangethorpe Avenue, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"). Conditional Use Permit No. 2014-05746 is proposed in conjunction with a request that the Planning Commission determine that the public convenience or necessity will be served by the issuance by the California Department of Alcoholic Beverage Control ("ABC") of a Type 20 (Off-Sale Beer and Wine) license (herein referred to as "Public Convenience or Necessity No. 2014-00110") to permit the sale of beer and wine for consumption off the licensed premises (herein referred to collectively as the “Proposed Project”); and WHEREAS, the Property, consisting of approximately 0.54 acres, is currently developed with a service station with automotive repair. The Property is located in the “C-G” Commercial General Zone. The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically, exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2014-05746, does find and determine the following facts: - 1 - PC2014-*** 1. The Proposed Project is properly one for which a conditional use permit is authorized under subsection .040 of Section 18.08.030 of the Code. 2. The Proposed Project will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the service station is existing and only a minor expansion is proposed. The project has been designed to minimize impacts to surrounding uses, including siting the trash enclosure away from residences and providing a new landscape buffer along the property lines adjacent to residential properties; 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is currently developed with a service station with only a minimal expansion; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. The service station is existing and the majority of customers visiting the convenience market and restaurant would be current service station customers; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission does further find and determine that the request for a variance to allow fewer parking spaces than required by the Code in conjunction with the service station with convenience market and restaurant should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (15 spaces required; 14 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. A parking justification letter was prepared by the applicant, determining that the number of parking spaces proposed will be sufficient to accommodate the uses on the site. Approximately 80% of customers are expected to order food or visit the convenience market while their vehicle is being fueled at the pump, thereby providing eight additional spaces for vehicles in addition to the 14 parking spaces proposed; 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the proposed parking will adequately accommodate the peak parking demands of the Proposed Project; 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on-site parking for the Proposed Project will adequately accommodate peak parking demands for the uses on the site; - 2 - PC2014-*** 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed uses because the service station is existing and the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Proposed Project. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05746 and Variance No. 2014-04978, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 3 - PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 15, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05746 AND VARIANCE NO. 2014-04978 (DEV2014-00071) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The legal property owner shall execute and record a covenant in a form satisfactory to the City Engineer and City Attorney to relocate at the property owner’s sole expense the freestanding monument sign located within the ultimate right-of-way easement of Orangethorpe Avenue (60 feet from street centerline and corner cut-back) and existing right-of-way of Kraemer Boulevard (53 feet from street centerline). The relocation shall be in accordance with plans and specifications submitted to the City of Anaheim by the applicant, which plans are on file with the Planning Department. Public Works, Development Services 2 The property owner shall irrevocably offer to dedicate to the City of Anaheim by deed in a form satisfactory to the City Engineer an easement of 60 feet in width from the centerline of Orangethorpe Avenue and a corner cut-off dedication at Orangethorpe Avenue and Kraemer Boulevard for road, public utilities, and other public purposes. Public Works, Development Services 3 The plans and specifications shall demonstrate the relocated propane tank to be installed in a horizontal orientation and screened from Orangethorpe Avenue by shrubs. Planning Department, Planning Services Division ON-GOING DURING PROJECT OPERATIONS 4 Managers/Owners shall call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. Police Department 5 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 6 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 7 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 9 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 10 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 11 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. Police Department 12 Loitering is prohibited on or around these premises or this area under the control of the licensee(s). Police Department 13 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Police Department 14 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division GENERAL 15 The subject 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 16 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 building permits 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 17 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 - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 18 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 - 8 - PC2014-*** [DRAFT] ATTACHMENT NO. 3 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00110 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00071) (3125 EAST ORANGETHORPE AVENUE) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134, establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determinations be made by the local governing body pursuant to applicable provisions of the California Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"); and WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition request that the Planning Commission determine that the public convenience or necessity will be served by the issuance by the California Department of Alcoholic Beverage Control ("ABC") of a Type 20 (Off-Sale Beer and Wine) license (herein referred to as "Public Convenience or Necessity No. 2014-00110") to permit the sale of alcoholic beverages for off-premises consumption within a service station convenience market in conjunction with a request for Conditional Use Permit No. 2014-05746 and Variance No. 2014-04978 (herein referred to as the "Proposed Project") for certain real property located at 3125 E. Orangethorpe Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 0.54 acres, is developed with a service station with automotive repair. The Property is located in the “C-G” Commercial General Zone. The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2014 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 said proposed Public Convenience or Necessity No. 2014-00110, and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2014-*** WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Public Convenience or Necessity No. 2014-00110, does find and determine the following facts: 1. The Proposed Project is properly one for which a conditional use permit is authorized under subsection .040 of Section 18.08.030 of the Code. 2. That California state law requires a determination of "Public Convenience or Necessity" when property is located in a police reporting district with a crime rate above the City average and has an over-concentration of licenses; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on-premises consumption is permitted by the Municipal Code under Conditional Use Permit No. 2014-05737, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 4. That the Property is located in Reporting District 1231, which has a crime rate which is below the City average. The Property is also located in Census Tract 117.22, which permits one off-sale license. Currently, there are three off-sale licenses existing within Census Tract 117.22. 5. That there are no schools adjacent to the subject Property. The subject Property abuts two residential properties to the north and east. Access to the subject Property is gained from Orangethorpe Avenue and Kraemer Boulevard, while access to the homes is gained from nearby local streets so that any visitors to the site would not be comingled with the residential neighborhood. The subject Property is physically and visually separated from the residential properties by a six-foot high wall/fence. - 2 - PC2014-*** 6. That there are three other off-sale licenses within this Census Tract. The request to sell beer and wine is to provide a convenience to customers of the service station and proposed convenience store. The conditions of approval will ensure that approval of the proposal will not adversely affect any adjoining land use or the growth and development of the surrounding area. 7. That the determination of "Public Convenience or Necessity" can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that the granting of the determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for off-premises consumption within a service station convenience market at this location and, accordingly, hereby approves Public Convenience or Necessity No. No. 2014-00110, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the 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. - 3 - PC2014-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 15, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” PUBLIC CONVENIENCE OR NECESSITY NO. 2014-00110 (DEV2014-00071) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT ON-GOING DURING PROJECT OPERATIONS 1 Managers/Owners shall call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. Police Department 2 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 3 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 4 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 5 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 6 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 7 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 8 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. Police Department 9 Loitering is prohibited on or around these premises or this area under the control of the licensee(s). Police Department 10 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Police Department - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 11 The subject 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 12 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 building permits 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 13 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 14 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division - 7 - PC2014-*** October 7, 2014 City of Anaheim Planning Department 200 S. Anaheim Blvd. Anaheim, CA 92805 SUBJECT: JUSTIFICATION FOR CONDITIONAL USE PERMIT, VARIANCE AND PUBLIC CONVENIENCE OR NECESSITY REFERENCE: SHELL Service Station 3125 E. Orangethorpe Ave Anaheim, CA 92806 GENERAL PROJECT DESCRIPTION The property consists of an existing gas station with three (3) mechanic bay garages and a small snack shop, approximately 1,749 square feet. My Client would like to convert the 3 bay mechanic garages into a Food Mart and a Subway QSR. We are also applying for the sales of Beer & Wine license, Type 20. The existing building will be expanded at the north side by 500 square feet resulting in a total area of 2,249 square feet. My Client intends to improve the existing building facades, with a Mediterranean Architectural Design to compliment the surrounding neighborhood. Also, add some stone element to the existing canopy columns. Also new landscape planters will be built, along the east and north side of the property. Hours of operation. The Food Mart and Service station will be open 24 hours. Subway will be open from 11:00 am until 10:00 pm with no seating area; only take out service would be available. There will be two to three employees working at the station during the day time and one to two employees working the night time shift. Security. A new security camera system will be installed to secure the parking lot for safety as well as the inside of the store. All area lighting in the parking lot will be replaced with all new LED lights, including the existing canopy lights, for energy savings. The new parking/area lights will not spill over into the neighboring residence. We intend to install lights shields for that purpose, wherever needed. WESTERN STATES Engineering, Inc. 4887 E. La Palma Ave. Ste. 707 Anaheim , CA 92807 ► (714)695-9300 (714)693-1002 fax Lic# 723791 www.westernsec.com ATTACHMENT NO. 4 Conditional Use Permit Justification: The following findings of fact are required pursuant to the Anaheim Municipal Code, all of which are affirmatively proven: 1.0 That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approved Authority) of the Anaheim Municipal Code. The proposed project would consist of a conversion of an existing 3 bay mechanic garage, 1,749 SF, into a Foodmart with an extension of 500 SF in the back of the building (North side), so the total area of 2,249 SF. Also, within the building, there will a Quick Service Restaurant “ Subway”, for take out food. The exterior elevations of the new conversion will be remodeled with a Mediterranean architectural design. The Anaheim Municipal code allows the above use as proposed. 2.0 That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is located. The conversion of the existing Shell service Station, 3 bay mechanic garage, into a Foodmart/ Convenience Store will not adversely affect the adjoining land uses or the growth and development of the area in which it is located. The site is surrounded by Kramer Ave to the South, Orangethorpe Ave to the West. The area surrounding the Property is generally built out. The project site is bordered on the north by a single family residence, and the east by a single family residence. The conversion from mechanic bay into a convenience store with a QSR will compliment all of these surrounding land uses. It will provide more convenience to gas station customers, to be able to shop at the newly created convenience store and Subway QSR. Therefore, the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is located. 3.0 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 the particular area or to health and safety. 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 the particular area or to health and safety. The main existing use, gas station, will remain the same. The existing building will be extended by 500SF to the north. The fueling canopies will remain the same. Therefore, converting the existing 3 mechanic bay garage into a convenience store will be adequate, because it will be part of the existing gas station operation, of the conditions that will be applied to it and the gas station/ C Store/ Subway standard business practice, the proposed use will not be detrimental to the health, safety and general welfare of the public or otherwise injurious to the environment or property or improvements in the area. 4.0 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. The traffic generated from the proposed use will not impose an undue burden upon streets and highways designed and improved to carry the traffic in the area, because the gas station with the 3 mechanic bay garages existed prior. The conversion into a C-tore and Subway will not impact the traffic. The same customers who otherwise stop to fuel their cars will continue to shop at the foodmart or Subway. As such, the new conversion will not measurably change the existing numbers of customers at the store. 5.0 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 Anaheim. Because of the nature of the business, and because the c-store/ Subway is part of an existing gas station, the proposed use will not harm the health and safety of the citizens of the city of Anaheim. Along those lines, so as to ensure compatibility with surrounding neighborhoods, the owner will take all necessary measures to have his employees undergo training, prior to beer, wine and cigarettes being made available at the store. Owner will ensure safety of his customers and employees, by installing a high end security system, inside and outside the c-store, and parking lot area. There will be new LED lights in the parking lot area. As such, the project will not be injurious to the environment or to the property or improvements in the surrounding area. Parking Variance Justification: 1.0 The variance, under the conditions imposed if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; The proposed use, conversion from 3 bay mechanic garage to a convenience store and a Subway QSR, will not require more parking spaces than provided, due to the fact that most customers stop by the gas station primary to fill up gasoline. While they stop by the fueling pumps, they walk into the convenience to pay for gasoline or buy food merchandise. Therefore, all parking spaces provided for the proposed use, will be sufficient, taking into the consideration the additional parking used by customers when stopping by the fueling pumps. 2.0 The variance, under the conditions imposed if any, will not increase the demand and for parking spaces upon the public streets in the immediate vicinity of the proposed use; The conversion of the existing Shell service Station, 3 bay mechanic garage, into a Foodmart/ Convenience Store/ Subway will not adversely increase the demand and parking spaces upon public streets in the immediate vicinity of the proposed use. The site is surrounded by Kramer Ave to the South, Orangethorpe Ave to the West. The area surrounding the Property is generally built out. The project site is bordered on the north by a single family residence, and the east by a single family residence. The proposed parking spaces on site will be adequate enough, not to increase the demand for parking spaces upon public streets in the immediate vicinity of the proposed use. 3.0 The variance, under the conditions imposed if any, will not increase the demand and for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050.030 (Non-Residential Uses — Exception); As stated earlier, the proposed use will not require additional parking, beyond what is provided. The proposed use will service mostly pass-by vehicles from the adjacent roadways and businesses or residents are who already in the area. Therefore, based on history of similar uses in the same vicinity, the variance, under the conditions imposed if any, will not increase the demand and for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 4.0 The variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. From an operational history of such use, ( Service Stations/ Convenience Srore) 80% of customers would park their cars at the fueling pump to fill up gas, and walk to the Food Mart to pay the cashier or buy food. The remaining 20% or less of the customers who would only shop and not get any fuel, would use the parking area provided for customers. In reality, there are adequate numbers of parking spaces provided for the use than the number required by code . Therefore, the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 5.0 The variance, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Both streets surrounding the subject property, on the south and west side, are well developed, with a signalized intersection. The proposed use will not increase additional traffic into the existing gas station, because the new use will serve the same customers and residents in the same as for the past 20 years. Therefore, the variance, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Determination of Public Convenience or Necessity: 1.0 What is the primary purpose of your business? Is the sale of alcohol an essential part of the primary purpose of the business? The business is primarily a service station and we propose a convenience market including a Subway fast food restaurant. The sale of beer and wine is an essential part of the convenience market as customers typically expect to be able to purchase beer and wine at these types of stores. It will, however, be a minor portion of the business. 2.0 Are there similar businesses or a concentration of alcohol outlets in the immediate area that already provide alcohol service? If so, how would the public convenience or necessity be served by permitting an additional license within the census tract? There is a 7-11 across the street from our service station. However, having the ability to sell beer and wine at our location will allow our customers the ability to purchase beer or wine while fueling their vehicle and not having to make a separate stop. 3.0 Is there a residential neighborhood or school adjacent to the property for which you are requesting a public convenience or necessity determination? If so, please explain how permitting an additional license would not disproportionately impact an adjacent residential neighborhood or school. There is no school adjacent to the subject property. The property abuts The subject Property abuts two residential properties to the north and east. Access to the subject Property is gained from Orangethorpe Avenue and Kraemer Boulevard, while access to the homes is gained from nearby local streets so that any visitors to the site would not be comingled with the residential neighborhood. The subject Property is physically and visually separated from the residential properties by a six-foot high wall/fence. 4.0 What percentage of your business do you anticipate will be alcohol sales? Beer and wine sales will be a small portion of the items that would be sold in the convenience market and percentage sales would be well below the 25% mandated by the Police Department. 5.0 Does your business cater to a specific need or specialty which is not currently available in the area? We would be able to offer our customers the convenience of purchasing beer or wine while fueling their vehicle. 6.0 Are you proposing any specific operational measures to eliminate or limit any potential negative consequences from the sale of alcoholic beverages? All employees will undergo the appropriate training through ABC prior to selling beer and wine. The parking lot will be well lit and a new security camera system is proposed both inside and outside of the building. 7.0 What type of license are you requesting from ABC? Is it an existing license? Where is the license being purchased from? We are requesting a Type 20 (Off-Sale Beer and Wine) from the State Department of Alcoholic Beverage Control (ABC). If you have any concerns or questions, please do not hesitate to call me at 714-695-9300. Sincerely, Joseph Karaki President City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: Elaine Thienprasiddhi/Planning Department Case No.: DEV 2014-00071/CUP 2014-05746 Shell Service Station 3125 E. Orangethorpe Ave. Date: August 27, 2014 From: Lieutenant Craig Friesen Anaheim Police Department Vice, Narcotics and Criminal Intelligence Bureau Commander Contact: Name: S.P.S.R. Michele Irwin Phone: 714-765-1461 Email: mmirwin@anaheim.net The Police Department has reviewed the above case. Please see the following comments and conditions for more information: COMMENTS: Public Convenience and Necessity Information: The Police Department has received an I.D.C. Route Sheet for DEV 2014-0071. The applicant is requesting to convert and expand an existing auto repair building to a convenience market and Subway restaurant, to include beer and wine sales for off-site consumption, in conjunction with an existing service station with less parking than required by code. The location is in Census Tract Number 117.22 which has a population of 2,363. This population allows for 2 on sale Alcoholic Beverage Control licenses and there are presently 2 licenses in the tract. It also allows for 1 off sale license and there are presently 3 licenses in the tract. This location is within Reporting District 1231 which is below the city average in crime. There have been 2 calls for service to this location in the last year and they consisted of: 1 petty theft and 1 suspicious circumstance. The ¼ mile radius surrounding this location is also below the city average in crime. The calls for service primarily consisted of: 5 simple assaults, 3 petty thefts and 2 frauds. RECOMMENDED CONDITIONS OF APPROVAL: The Police Department requests the following conditions be placed on the Conditional Use Permit: ATTACHMENT NO. 5 No. Timing Condition Responsible Department 1. Managers / Owners need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. Police Department 2. No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 3. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 4. The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 5. Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 6. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 7. Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 8. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 9. There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. Police Department 10. Loitering is prohibited on or around these premises or this area under the control of the licensee(s). Police Department 11. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Police Department Concur: Office of Chief of Police f:\home\mmirwin\CUP\2014-00071 DEV 3125 E Orangethorpe Shell.doc (E) BUILDING (E) CANOPY 1,749 sq. ft. J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO. DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No CONSULTANT/ SEALS Plotted: Monday, November 17, 2014 3:07 PM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\1. Architectural\SHEETS\AS-0.1_SITE PLAN EXISTING.dwgMR. ASSAM GHREIWATI 19851 ESPERANZA RD. YORBA LINDA, CA 92886 UNDERGROUND STORAGE TANK INSTALLATION 19851 ESPERANZA RD. YORBA LINDA, CA 92886 WS WS JK 07-24-14 1" = 10'-0" ':+56+0) 5+6'2.#0 #5Ä SCALE:1 SITE PLAN 1" = 10'-0" 00 10'20' ATTACHMENT NO. 6 1,436 sq. ft. (E) 1,749 sq. ft. C-STORE (E) CANOPY (N) 481 sq. ft. J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO.DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No CONSULTANT/ SEALS Plotted: Monday, November 17, 2014 3:10 PM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\1. Architectural\SHEETS\AS-1.0_SITE PLAN.dwgMR. ASSAM GHREIWATI 19851 ESPERANZA RD. YORBA LINDA, CA 92886 UNDERGROUND STORAGE TANK INSTALLATION 19851 ESPERANZA RD. YORBA LINDA, CA 92886 WS WS JK 10-20-14 1" = 10'-0" 241215'& 5+6'2.#0 #5Ä SCALE:1 SITE PLAN 1" = 10'-0" 00 10'20' PROJECT SITE NORTH VICINITY MAP ASSESSOR'S PARCEL NO. 344-422-01 ZONING BLDG SETBACKS ABUTTING ARTERIALS ABUTTING RESIDENTIAL ZONE BOUNDARY REQUIRED PROPOSED LANDSCAPE AREA FLOOR AREA RATIO MAXIMUM HEIGHT PARKING PARKING STANDARDS SIZE REGULAR $1*/(' ƒ HANDICAP TYPE PARKING REQUIREMENTS USE FORMULA REQUIRED PROPOSED BUILDING (EXISTING)C-STORE OCCUPANCY TYPE OF CONST NUMBER OF STORY AREA TOTAL BLDG HEIGHT HANDICAP PARKING REQUIREMENTS FORMULA REQUIRED PROPOSED AREA OF SITE CANOPY OCCUPANCY TYPE OF CONST NUMBER OF STORY AREA BLDG HEIGHT PROJECT DATA BUILDING DATA PARKING ANALYSIS LOT COVERAGE BUILDING (EXISTING) LEGEND LEGAL DESCRIPTION LOADING LAND USE SITE KEY NOTES 2 2 1 1 2 2 EXISTING ADDITION LANDSCAPE SETBACKS 2 2 2 2 1 1 LOCKERLOCKERCOLOCKER 2,249 SQ. FT. SUBWAY C-STORE AREA TABULATION J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO.DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No CONSULTANT/ SEALS Plotted: Monday, November 17, 2014 3:46 PM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\1. Architectural\SHEETS\A-1.0. FLOOR PLAN.dwgMR. ASSAM GHREIWATI 19851 ESPERANZA RD. YORBA LINDA, CA 92886 UNDERGROUND STORAGE TANK INSTALLATION 19851 ESPERANZA RD. YORBA LINDA, CA 92886 (.1142.#0 411(2.#0 #Ä WS WS JK 10-20-14 1/4" = 1'-0" SCALE:1 FLOOR PLAN 1/4" = 1'-0" 00 4'8'2'1' P1 P2 P3 WALL LEGEND P4 P5 SCALE:2 ROOF PLAN 1/4" = 1'-0" 00 4'8'2'1' ROOF KEY NOTES ROOF FINISHES 1 2 2  J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO.DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No CONSULTANT/ SEALS Plotted: Monday, November 17, 2014 3:04 PM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\1. Architectural\SHEETS\A-3.0 BLDG ELEVATIONS.dwgMR. ASSAM GHREIWATI 19851 ESPERANZA RD. YORBA LINDA, CA 92886 UNDERGROUND STORAGE TANK INSTALLATION 19851 ESPERANZA RD. YORBA LINDA, CA 92886 ':6'4+14 '.'8#6+105 #Ä WS WS JK 10-20-14 1/4" = 1'-0" SCALE:1 SOUTH-WEST ELEVATION 1/4" = 1'-0" SCALE:2 NORTH-EAST ELEVATION 1/4" = 1'-0" MATERIAL 1 - 2 - 3 - - A - B - C 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12 - 13 - 14 - FINISH KEY NOTES COLORS 15 - 16 - 1 1 2 J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO.DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No CONSULTANT/ SEALS Plotted: Monday, November 17, 2014 3:05 PM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\1. Architectural\SHEETS\A-3.0 BLDG ELEVATIONS.dwgMR. ASSAM GHREIWATI 19851 ESPERANZA RD. YORBA LINDA, CA 92886 UNDERGROUND STORAGE TANK INSTALLATION 19851 ESPERANZA RD. YORBA LINDA, CA 92886 ':6'4+14 '.'8#6+105 5'%6+10 #Ä WS WS JK 10-20-14 1/4" = 1'-0" SCALE:3 SOUTH-EAST ELEVATION 1/4" = 1'-0" SCALE:4 NORTH-WEST ELEVATION 1/4" = 1'-0" SCALE:5 CROSS SECTION 1/4" = 1'-0" MATERIAL 1 - 2 - 3 - - A - B - C 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12 - 13 - 14 - FINISH KEY NOTES COLORS 15 - 16 - 2 J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO.DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No CONSULTANT/ SEALS Plotted: Tuesday, November 18, 2014 11:34 AM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\1. Architectural\SHEETS\A-3.0 BLDG ELEVATIONS.dwgMR. ASSAM GHREIWATI 19851 ESPERANZA RD. YORBA LINDA, CA 92886 UNDERGROUND STORAGE TANK INSTALLATION 19851 ESPERANZA RD. YORBA LINDA, CA 92886 %1.14 '.'8#6+105 #Ä WS WS JK 07-24-14 1/4" = 1'-0" SCALE:1 SOUTH-WEST ELEVATION 1/4" = 1'-0" SCALE:2 NORTH-EAST ELEVATION 1/4" = 1'-0" MATERIAL 1 - 2 - 3 - - A - B - C 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12 - 13 - 14 - FINISH KEY NOTES COLORS 15 - 16 - SCALE:3 SOUTH-EAST ELEVATION 1/4" = 1'-0"SCALE:4 NORTH-WEST ELEVATION 1/4" = 1'-0" C-STORE CANOPY J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO.DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No CONSULTANT/ SEALS Plotted: Monday, November 17, 2014 4:31 PM M:\_Current Projects\E90114 3125 EAST ORANGETHORPE AVE\_CAD\3. Landscape\L-1.0_SITE PLAN.dwgMR. ASSAM GHREIWATI 19851 ESPERANZA RD. YORBA LINDA, CA 92886 UNDERGROUND STORAGE TANK INSTALLATION 19851 ESPERANZA RD. YORBA LINDA, CA 92886 WS WS JK 10-20-14 1" = 10'-0" %10%'267#. .#0&5%#2' .Ä SCALE:1 LANDSCAPE PLAN 1" = 10'-0" 00 10'20' PLANT LEGEND KEY BOTANICAL NAME COMMON NAME SIZE ATTACHMENT NO. 7 200 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. ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 15, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05748 LOCATION: 1665 South Brookhurst Street APPLICANT/PROPERTY OWNER: The applicant is Ardent Care Assisted Living, represented by Jenny Truong. The property owner is MEB Family Limited Partnership #2, represented by Celia Cisneros. REQUEST: The applicant proposes to convert an existing one-story office building to a senior assisted living facility. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that a Class 1 Categorical Exemption is the appropriate environmental determination for this request and approving Conditional Use Permit No. 2014-05748. BACKGROUND: This 0.67-acre property is developed with an office building and is located in the General Commercial (C-G) Zone. The General Plan designates this property for Corridor Residential land uses. Surrounding land uses include single-family homes to the west, railroad right-of-way to the north, a commercial retail center to the south across Crestwood Lane, and single-family homes to the east across Brookhurst Street. In November 2013, a conditional use permit was approved to establish a preschool with a variance to allow playground equipment and a six-foot high fence within the front setback. This permit was never exercised and the preschool is no longer proposed at this location. PROPOSAL: The applicant requests approval of a conditional use permit to operate a senior assisted living facility with 13 rooms and 22 beds. The existing 7,070 square foot office building would be expanded by 821 square feet for a total area of 7,891 square feet. The facility would have common areas that include a central atrium, patio, library, living room, and dining room. The front parking lot would be reconfigured to improve circulation. This facility would be staffed 24 hours a day with five to seven staff members per shift. Services include meals and personal care including medication, daily social activities and transportation. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05748 December 15, 2014 Page 2 of 2 ANALYSIS: Senior assisted living facilities are permitted at this location, subject to approval of a conditional use permit to determine compatibility with surrounding land uses. Because of the property’s corner lot location and the adjacent railroad track to the north, the property abuts only one developed property; a single family residence to the west of the property. A six foot high wall separates this property from the adjacent residence and no changes are proposed to the parking area adjacent to the residence. Outdoor common areas are located within a central courtyard and adjacent to the railroad tracks and are not anticipated to have any impacts on the surrounding area. Modifications to the exterior of the building are limited to the enclosure of two small exterior areas that are currently under the existing roofline. Refurbishment of existing landscape areas would be provided throughout the property. The parking requirement for this use is 18 spaces based on the number of beds and 23 spaces will be provided. The majority of residents would not drive or have a car on the property. The rear parking lot, adjacent to the single family residence, would be for employees, while the front lot would be for guests. CONCLUSION: Staff supports the proposed assisted living facility because it would be compatible with the mix of residential and commercial land uses in the surrounding area and parking is adequate to accommodate the proposed use. Staff recommends approval of this request. Prepared by, Submitted by, Elaine Thienprasiddhi Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Letter of Request 4. CUP Justification 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 website at www.anaheim.net/planning. 5. Development Plans 6. Site Photographs C-GCHURCH RS-2SINGLE FAMILY RESIDENCE SINGLE FAMILY RESIDENCERS-2VACANTTSOUTHERN CALIFORNIAEDISON EASEMENT RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-GCARWASH C-GOFFICES RS-2SINGLE FAMILY RESIDENCE U N I N C O R P O R A T E DUNINCORPORATEDANAHEIMANAHEIM RS-2VACANTRS-2VACANTRS-2VACANTRS-2VACANTRS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-GRETAIL TSOUTHERN CALIFORNIAEDISON EASEMENT RS-2SINGLE FAMILY RESIDENCE C-GOFFICES S BROOKHURST STW CRESTWOOD LN W PACIFIC AVE S ORME STW JUDITH LN W FOREST LN S WILLIAM MILLER DRS DIXIE DRS LAMAR STW GOLDEN WEST AVE W CRIS AVE S CHAMBERLAIN DRW PACIFIC AVE W. BALL RD . S. EUCLID STW. KATELLA AVES. GILBERT STS. BROOKHURST STS. MAGNOLIA AVE1 6 6 5 South Brookhurs t Street D EV No. 2 0 14-00076 Subject Property APN: 127-601-15 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 14 S BROOKHURST STW CRESTWOOD LN W PACIFIC AVE S ORME STW JUDITH LN W FOREST LN S WILLIAM MILLER DRS DIXIE DRS LAMAR STW GOLDEN WEST AVE W CRIS AVE S CHAMBERLAIN DRW PACIFIC AVE W JUDITH LN W. BALL RD . S. EUCLID STW. KATELLA AVES. GILBERT STS. BROOKHURST STS. MAGNOLIA AVE1665 South Brookhurst Street DEV No. 2014-00076 Subject Property APN: 127-601-15 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2014-05748 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00076) (1665 SOUTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2014-05748 to establish a convalescent home (referred to herein as the "Proposed Project") within a portion of the real property located at 1665 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 Property is approximately 0.67 acres in size and is currently developed with a one-story office building. The Anaheim General Plan designates the Property for Corridor Residential land uses. The Property is located in the “CG” General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, on December 15, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the “Code”), to hear and consider evidence for and against proposed Conditional Use Permit No. 2014-05748 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the Proposed Project, does find and determine the following facts: 1. The Proposed Project is an allowable primary use under the "Convalescent and Rest Homes " class of uses within the “CG” General Commercial Zone subject to a conditional use permit under Subsection .010 of Section No. 18.08.030 of the Code. - 1 - PC2014-*** 2. The Proposed Project will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the convalescent home would be fully contained within the existing building with minimal expansion; 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the convalescent home is proposed within an existing building with only minimal expansion; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. The majority of residents would not drive and only five to seven employees would be on- site per shift; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05748, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property to be used for the Proposed Project in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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. - 2 - PC2014-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 15, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2014-*** - 4 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05748 (DEV2014-00076) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 Plans shall indicate that any existing walls or landscaping within the 7’ by 50’ line of sight triangles shall be reduced to 24” or less in height. Planning Department, Planning Services Division 2 Plans submitted for building permits shall indicate a change of occupancy and upgraded construction type. Planning Department, Building Division OPERATIONAL CONDITIONS 3 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. Planning Department, Code Enforcement Division GENERAL CONDITIONS 4 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division 5 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 6 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 - 5 - PC2014-*** ATTACHMENT NO. 3 ATTACHMENT NO. 4 1332145678912 111011109876543211312 (E)DRIVEWAY(E) DRIVEWAY(E)DRIVEWAY 252.65'122.25'(HC)(HC)489 SF332 SF(E) WALLLEGENDDEMO WALL(N) WALL(N) LANDSCAPE(N) AREANEWNEW(E)PARKWAY (E)SIDE WALK14 151718192021232216RAMP UPF.S: +0.0RAMP UPF.S: +0.0P.PP.PF.HL.PE.TE.BP.PE.BL.PW.MP.PP.PP.P(E) 8' HI. BLOCK WALL100.0'(E) 6' HI. BLOCK WALL(E) 2' HI. BLOCK WALLMASONRY WALL20' CENTER LINE - CRESTWOOD LANE40' CENTER LINE - BROODHURST STREET (E) RAILROADF.S: +2.0F.S: +2.0F.S: +2.0F.S: +2.0UTILITY EASEMENTUTILITY EASEMENT(E) COURT YARD(E) COURT YARD(E) STORAGE(E) 16" HI. B.W(E) 36" HI. BLOCK WALL(E) 8' HI. BLOCK WALL(E) 8' HI. BLOCK WALLSIGHT DISTANCE TRIANGLE REMOVE (E) BLOCK WALL REMOVED 7' (E) BLOCK WALLGROUND COVER ONLY SIGHT DISTANCE TRIANGLE REMOVE (E) BLOCK WALL GROUND COVER ONLYSIGHT DISTANCE TRIANGLEREMOVE (E) BLOCK WALLGROUND COVER ONLYSIGHT DISTANCE TRIANGLEGROUND COVER ONLYSIGHT DISTANCE TRIANGLEGROUND COVER ONLYSIGHT DISTANCE TRIANGLEREMOVE (E) BLOCK WALLGROUND COVER ONLYSITE PLANA.2401 MARION BLVDFULLERTON . CA 92835PHONE: WEB:EMAIL:JOB NO:1665 S. BROOKHURST STREETREVISION:ANAHEIM, CA 928042OF 3DRAWN: BINH TRANPLOT: 8.11.2014714 . 476 . 7778INFO@ZBTGROUP.COMWWW.ZBTGROUP.COMZBT G R O U P AC20141"=10'EXP.:..................NO.: ..................NORTH ATTACHMENT NO. 5 22321579111314201816STORE FRONTD3070STORE FRONT D3070D3070D3070 D3070 STORE FRONTSD5070 W5070SD5070W5070W5070 W5030W5070SD6070SD5070 SD5070SD5070SD5070D3070 D3070 D3070 D3070D3070D3070D3070D3070 D3070D3070D3070D3070 (E)3070 (E)3070 (E)3070 SD6070STORE FRONTSD6070STORE FRONTSTORE FRONT D3070W5070W5070 (E)5070SD5070SD5070SD5070(E)2'6x7'0(E)2'6x7'0(E)2'6x7'0STORE FRONTD3070 (E)6'x4'(E)5'x4'(E)2'x4'(E)2'x4'W4040S W4040S W4040SD3070D3070D3070D3070 D3070D3070 D3070 D3070 D3070D3070D3070 D3070 (E)3'x7' (E)3'x7' D3070 SD6070STORE FRONTD3070SD6070 W5070W4040SD3070 STORE FRONT STORE FRONT FLOOR PLAN NOTES(E) WALLLEGENDDEMO WALL(N) WALL(N) LANDSCAPE(N) AREAMASONRY WALLNEW FLOOR PLANA.3401 MARION BLVDFULLERTON . CA 92835PHONE: WEB:EMAIL:JOB NO:1665 S. BROOKHURST STREETREVISION:ANAHEIM, CA 928043OF3DRAWN:BINH TRANPLOT:8.11.2014714 . 476 . 7778INFO@ZBTGROUP.COMWWW.ZBTGROUP.COMZBT G R O U PAC20141/4"=1'-0"EXP.:..................NO.: ..................CRESTWOOD LANENORTH ARDENT CARE - SENIOR ASSISTED LIVING1665 S. BROOKHURST STREET . ANAHEIM . CA 92804ATTACHMENT NO. 6 ARDENT CARE - SENIOR ASSISTED LIVING1665 S. BROOKHURST STREET . ANAHEIM . CA 92804 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. ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 15, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 1402A AND VARIANCE NO. 2014-04991 LOCATION: 900 East Broadway (Cottage Pet Hospital) APPLICANT/PROPERTY OWNER: The applicant is George Botros, GB Architects, and the property owner is Birinder Sahai. REQUEST: The applicant is requesting an amendment to a conditional use permit to permit and retain an unpermitted expansion to an animal hospital. 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 approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) of the State CEQA Guidelines, and approving Conditional Use Permit No. 1402A and Variance No. 2014-04991. BACKGROUND: This 0.2-acre property is developed with an animal hospital. The property is located in the General Commercial (C-G) zone and the General Plan designates this property for Low-Medium Density Residential land uses. The property is surrounded by a residential triplex to the east, a single- family residence to the south across an alley, and condominiums to the north across Broadway and apartments to the west across Vine Street. Conditional Use Permit No. 1402 establishing an animal hospital at this location was approved by the City Council in 1973. The current owner purchased the property and the veterinary practice in 1995. An 803 square foot addition to the 1,818 square foot building was constructed by a previous property owner without obtaining required land use approvals and building permits. The property owner and staff recently discovered that the addition to the building was unpermitted when the owner applied for building permits to construct interior improvements to the animal hospital. PROPOSAL: The applicant proposes to complete necessary improvements to the unpermitted addition to meet applicable building codes and modify the interior of the facility to provide an area for the boarding of dogs and cats treated at the hospital. Hours of operation are from 7:30 a.m. to 7:00 p.m., Monday through Friday; 8:00 a.m. to 4:00 p.m. on Saturday; and 10:00 a.m. to 6:00 p.m. on Sunday. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 1402A AND VARIANCE NO. 2014-04991 December 15, 2014 Page 2 of 2 ANALYSIS: The following is staff’s analysis of the requested entitlements. Conditional Use Permit: The Zoning Code permits animals hospitals in this zone, subject to approval of a conditional use permit. The Code requires a public hearing for modifications to conditional use permits that were approved more than ten years ago or for modifications that represent a substantial change to the original plans. Since the original conditional use permit was approved more than 40 years ago, and the unpermitted addition represents a substantial addition to the previously-approved site plan, a public hearing is required. The primary nature of the business has not changed as a result of the additional building area. The addition is used as an area to keep pets overnight for observation, which allows better care for the animals. A condition of approval has been included in the attached draft resolution requiring that the back door of the animal hospital remain closed at all times to prevent animal noise from impacting nearby residential uses. The applicant is also adding an air filtration system to minimize odors. The animal hospital has been operating at this location for many years without impacting adjacent properties. The property is well maintained and there are no Code Enforcement violations. Therefore, staff believes that with the proposed conditions of approval, the addition to the animal hospital would remain compatible with the surrounding land uses. Parking Variance: The Code requires a total of 13 parking spaces for this animal hospital; 10 for the hospital and three for the boarding area. The property contains a total of 8 parking spaces. The applicant has submitted a parking justification letter indicating that this is a low volume animal hospital that treats approximately two to three clients per hour and there is a maximum of four employees per shift. It is not anticipated that the number of animals treated would increase by allowing the addition since it would be used for animal boarding. Based upon the operational characteristics of the business, staff recommends approval of the parking variance as the parking spaces available on-site are adequate to accommodate the parking demands of the proposed use. A condition of approval requiring the addition to be used for animal boarding and storage purposes only has been included in the attached resolution. CONCLUSION: The proposed amendment to the conditional use permit is compatible with the surrounding land uses and the parking is sufficient to accommodate the additional floor area since it would be used for boarding of patients and storage purposes. Staff recommends approval of this amendment to the conditional use permit. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Applicant’s Letter of Request and Parking Justification Letter 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. 4. Photographs 5. Site Plan and Floor Plan C-GVETERINARYCLINIC RM-4SINGLE FAMILY RESIDENCE RM-4SINGLE FAMILY RESIDENCE RM-4SINGLE FAMILY RESIDENCERM-4SINGLE FAMILY RESIDENCE RM-4APTS8 DU RS-3SI NGLE FAMI LY RESI DENCERM-4TOWNHOUSESRM-4ANAHEIM REGENCYAPTS30 DU IINDUSTRIAL R M -4 S IN G L E F A M IL Y R E S ID E N C E RM-4SINGLE FAMILY RESIDENCE SP 90-2POSDAY CARE IR E T A IL R S -3 D U P L E X R M -3 C O N D O M IN IU M S /T O W N H O U S E S RM-4FOURPLEX R M -2 S IN G L E F A M IL Y R E S ID E N C E R M -3SFR RM-4VACANT SP 90-2POSCI TRUS PARKIAUTO REPAIR/SERVICE I I NDUSTRI ALI I NDUSTRI ALR M -3 R E S ID E N T IA L R M -3 R E S ID E N T IA L RM-4RM-3RESI DENTI ALRM-3RESI DENTI ALRM-3RESI DENTI ALRM-4RESI DENTI ALR M -4 S IN G L E F A M IL Y R E S ID E N C E E B R O A D W A Y S VI NE STS BUSH STS KROEGER STS ATCHI SON STE S A N T A A N A S T S ROSE STS BUSH STE C H E S T N U T S TS VI NE STS ROSE STS CAMPHOR STS GARDENI A STE . L IN C O L N A V E S. EAST STN. EAST STE . B R O A D W A Y W . B R O A D W A YN. HARBOR BLVDS. STATE COLLEGE BLVDW .L IN C O LNAVEN. ANAHEI M BLVDS. ANAHEI M BLVD9 0 0 East Broadway D EV No. 2 0 14-00122 Subject Property APN: 037-163-01 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 14 E BROADWAY S V INE STS BUSH STS KROEGER STS ATCH ISON ST E SANTA ANA S T S ROSE STS BUSH ST E CHESTNUT STS V INE STS ROSE STS CAMPHOR STS GARDEN IA ST E. LINCOLN AV E S. EAST STN. EAST ST E. BROADWAY W. BROADWAYN. HARBOR BLVDS. STATE COLLEGE BLVDW .L IN C O LNAVEN. ANAHE IM BLVDS. ANAHE IM BLVD 900 East Broadway DEV No. 2014-00122 Subject Property APN: 037-163-01 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2014-04991 AND AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1402 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00122 ) (900 EAST BROADWAY) WHEREAS, on July 10, 1973, and subject to certain conditions of approval, the City Council of the City of Anaheim, by its Resolution No. 73R-271, (1) approved Conditional Use Permit No. 1402 (herein referred to as the "Original CUP") to permit an animal hospital at 900 East Broadway in the City of Anaheim, County of Orange, State of California, which is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property") The conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to amend the Original CUP to permit the expansion of an animal hospital at the Property in conjunction with Variance No. 2014-04991 to permit fewer off-street parking spaces than required by the Zoning Code ("Proposed Project") pursuant to Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code (“Code”). Said amendment is designated as Conditional Use Permit No. 1402A; and WHEREAS, the Property is located in the "C-G" General Commercial Zone and is subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) of the Code. The Anaheim General Plan designates the Property for Residential, Low-Medium land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed and Variance No. 2014-04991 and Conditional Use Permit No. 1402A, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2014-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 1402A , does find and determine the following facts: 1. The request to amend the Original CUP to expand the animal hospital is properly one for which a conditional use permit is authorized, subject to the imposition of conditions of approval. 2. The request to amend the Original CUP, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with a low client volume animal hospital that has been operating for over 40 years at this location. 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. 4. The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the animal hospital only services two to three clients per hour. 5. The granting of Conditional Use Permit No. 1402A, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040 Minimum number of parking spaces. (13 spaces required; 8 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation; 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of the animal hospital; 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the number of clients for the animal hospital would not increase as a result of this expansion. - 2 - PC2014-*** 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the animal hospital. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 1402A and Variance No. 2014- 04991 are hereby approved, thereby amending the Original CUP and permitting fewer off-street parking spaces than required by the Zoning Code for the Proposed Project. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP and this Conditional Use Permit No. 1402A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 1402A. BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the Property under Variance No. 2014-04991 and Conditional Use Permit No. 1402A 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. - 3 - PC2014-*** BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Decmber 15, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** 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 December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” VARIANCE NO. 2014-04991 AND CONDITIONAL USE PERMIT NO. 1402A (DEV2014-00122) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1. An investigation inspection shall be conducted to determine if the unpermitted expansion meets the Building Code. Plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including all applicable building codes as adopted by the City. The appropriate permits shall be obtained for any unpermitted work. Planning Department, Building Division 2. All requests for new water serices or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 3. The parking lot shall be re-striped to comply with Engineering Detail Nos. 436 and 470. The property shall be maintained in conformance with these standards. Planning Department, Planning Services Division 4. The propery owner shall irrevocably offer to dedicate to the City of Anaheim an easement to the ultimate right-of-way 26.75 feet in wdith from the survey centerline (45 feet from construction centerline) of Broadway and a corner cut-off easement dedication at Broadway and Vine street for road, public utilities and other public purposes. Public Works Department, Development Services Division WITHIN 120 DAYS OF APPROVAL OF THIS PERMIT 5. The property owner shall obtain an encroachment license for the freestanding sign on the north side of the building since it is located within the Broadway ultimate right-of-way easement. Public Works Department, Development Services Division OPERATIONAL CONDITIONS 6. All doors of the animal hospital shall remain closed at all times to mitigate any noise. Planning Department, Planning Services Division - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7. The trash enclosure shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Public Works Department, Streets and Sanitation 8. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 9. All activities related to the use shall occur indoors, except as may be permitted by an authorized Special Event Permit. Planning Department, Code Enforcement Division 10. No outside storage shall be permitted. Planning Department, Code Enforcement Division 11. Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Planning Department, Planning Services Division GENERAL CONDITIONS OF APPROVAL 12. 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 building permits 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 13. 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 Planning Department, Planning Services Division - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 14. 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 15. The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division - 9 - PC2014-*** ATTACHMENT NO. 3 Cottage Pet Hospital ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 15, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05743 AND VARIANCE NO. 2014-04981 LOCATION: 5773 East Santa Ana Canyon Road (Embassy Cigars) APPLICANT/PROPERTY OWNER: The applicant is Ghanshyam Patel with Embassy Cigars. The agent representing the applicant is Joseph Karaki with Western States Engineering, Inc. and the property owner is Canyon Plaza, LLC. REQUEST: The applicant is requesting approval of a conditional use permit to retain an indoor cigar smoking lounge within 200 feet of residential properties and within 1,000 feet of a school. 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. 2014-05743 and Variance No. 2014-04981. BACKGROUND: This 15-acre property is developed with a commercial center. It is located in the General Commercial zone (C-G) and the Scenic Corridor (SC) Overlay zone. The General Plan designates this property for Neighborhood Center Commercial land uses. The property is surrounded by a hotel to the north, single- family residences to the east across Via Cortez, Canyon High School to the south across Santa Ana Canyon Road, and retail uses to the west across Imperial Highway. PROPOSAL: The applicant has established a 350 square foot indoor smoking lounge within an existing 1,700 square foot cigar shop without first obtaining the requisite Conditional Use Permit. The smoking lounge was observed by the Fire Department during a routine inspection. The hours of operation for the smoking lounge coincide with the cigar shop hours, which are from 10 a.m. to 8 p.m. Monday through Saturday and from 10 a.m. to 6 p.m. on Sunday. No expansion of the building or interior modifications are proposed. ANALYSIS: The following is staff’s analysis of the project: Indoor Smoking Lounge: Smoking lounges are allowed by right in this zone but require a conditional use permit if located within 200 feet of a residential zone or 1,000 feet of a 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05743 AND VARIANCE NO. 2014-04981 December 15, 2014 Page 2 of 2 school to ensure compatibility with these potentially sensitive uses. There are single-family residences located approximately 100 feet to the east, across Via Cortez, and Canyon High School is located approximately 400 feet to the south of the cigar shop, across Santa Ana Canyon Road. The primary business is the retail sales of cigars for off-site consumption. The smoking lounge provides an area for cigars to be tasted prior to purchase. All smoking occurs indoors. The cigar shop closes by 8:00 p.m. and there is no food service or live music. The applicant has installed two exhaust fans with filtering systems that are specifically designed for smoking lounges to prevent the likelihood of odors reaching adjoining properties. Although there is a high school located approximately 400 feet to the south, there are several intervening structures and no visibility between the school and the cigar shop. A condition of approval requiring the doors to be closed at the rear of the building has been included in the draft resolution to ensure that residences to the east are not impacted by the business. Staff believes that with the proposed conditions of approval, the indoor smoking lounge is compatible with the surrounding land uses. Parking Variance: The Zoning Code requires seven parking spaces for the cigar shop and six parking spaces for the indoor smoking lounge. The rest of the commercial uses in the center require 1,155 parking stalls, for a total requirement of 1,168 spaces. The commercial center contains 866 parking spaces. A parking demand study was conducted at this center in 2004 and updated in 2010. This study concluded that there was a parking demand of 719 spaces. The applicant has submitted a parking justification letter indicating that the smoking lounge is a small portion of the business and operates as an accessory service for patrons. Less than five percent of the customers taste the cigars within the store. Staff has conducted field observations and verified the availability of adequate parking during business hours of Embassy Cigars and the other businesses in the center. Based upon the findings of the parking analysis and staff observations, staff recommends approval of the parking variance as the parking spaces available on-site are adequate to accommodate the parking demand of the cigar shop and those of the entire commercial center. CONCLUSION: Staff believes that the request to retain an indoor smoking lounge within an existing cigar shop is compatible with the adjacent businesses and the surrounding area. There is adequate separation between the cigar shop, the school and residential neighborhood to operate a smoking lounge without negative impacts to these land uses. Therefore, staff recommends approval of this request. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Letter of Request 4. Parking Justification Letter 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. Photographs 6. Site and Floor Plan C-G (SC)RETAIL RS-3 (SC)SINGLE FAMILY RESIDENCEC-G (SC)OFFICES RS-3 (SC)SINGLE FAMILYRESIDENCE C-G (SC)FAIRFIELD INNANAHEIM HILLS C-G (SC)AUTO DEALERSHIP T (SC)CANYON HIGHSCHOOL C-G (SC)OFFICESRS-2 (SC)SINGLE FAMILY RESIDENCERS-3 (SC)SINGLE FAMILY RESIDENCER IV E R S ID E (91) F R E E W A Y R IV E R S ID E (91) F R E E W A Y N IMPERIAL HWYE S A N T A A N A C A N Y O N R D N VIA CORTEZS VI A C OR T E ZE CAMINO MANZANON ROSE BLOSSOM LNE.N O H L R A N C H R D E. LA PALMA AVE E .S A N T A A N ACANYO NRDN. IMPERIAL HWYE.CANYONR IM RDS. ROYAL OAK RDE .L A PAL M AAVE5 7 7 3 East Sant a Ana Canyon Road D EV No. 2 0 14-00065 Subject Property APN: 358-191-12 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 14 N IMPERIAL HWYE SANTA ANA C A N Y O N R D N VIA CORTEZS V IA CO R T E ZE CAMINO MANZANON ROSE BLOSSOM LNE.N O H L R A N C H R D E. LA PALMA AVE E .S A N T A A N ACANYO NRDN. IMPERIAL HWYE.CANYONR IM RDS. ROYAL OAK RDE.L A PAL M AAVE5773 East Santa Ana Canyon Road DEV No. 2014-00065 Subject Property APN: 358-191-12 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05743 AND VARIANCE NO. 2014-04981 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00065) (5773 EAST SANTA ANA CANYON ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2014- 05743 to permit and retain an indoor cigar smoking lounge within 200 feet of residential properties and within 1,000 feet from a school, and (ii) Variance No. 2014-04981 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code") (collectivel y referred to herein as the "Proposed Project") for premises located at that certain real property at 5773 East Santa Ana Canyon Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 15.1 acres in size and is currently developed with a commercial center. The Anaheim General Plan designates the Property for Neighborhood Center Commercial land uses. The Property is located in the “C-G” General Commercial Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "C- G" General Commercial Zone. The Proposed Project is not inconsistent with any regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, on December 15, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2014-05743 and Variance No. 2014-04981, and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2014-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to an indoor smoking lounge within a commercial center with fewer parking spaces than required by the Zoning Code, does find and determine the following facts with respect to Conditional Use Permit No. 2014-05743: 1. The proposed conditional use permit request to permit an indoor smoking lounge within an existing cigar shop is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Table 8-A as Smoking Lounge, as referenced in paragraph .0402 of Section 18.08.030 of the Code. 2. The proposed conditional use permit to permit an indoor smoking lounge, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by compatible buildings and uses; and, the smoking lounge would be located within an existing cigar shop with no adverse effects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the indoor smoking lounge in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing commercial center that is surrounded by other commercial uses. 4. The traffic generated by the indoor smoking lounge will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding commercial center and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to allow less parking than required by the Code in conjunction with the proposed indoor smoking lounge should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (1,168 spaces required for the entire commercial center; 866 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. A parking justification letter was prepared by the applicant, determining that the current number of parking spaces within the commercial center property is sufficient to accommodate the uses on the site including the indoor smoking lounge; - 2 - PC2014-*** 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of the proposed indoor smoking lounge and the commercial uses on the site; 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on-site parking for the cigar shop will adequately accommodate peak parking demands of all uses on the site; 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the indoor smoking lounge. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05743 and Variance No. 2014-04981, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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. - 3 - PC2014-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 15, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05743 AND VARIANCE NO. 2014-04981 (DEV2014-00065) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The indoor smoking lounge shall operate as accessory to the retail cigar shop. Planning Department, Planning Services Division 2 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. Planning Department, Code Enforcement 3 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning Department, Code Enforcement 4 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 5 The number of patrons at the business shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. Police Department 6 The business shall be operated in accordance with the Letter of Request and Parking Justification Letter submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and Parking Justification Letter and to ensure compatibility with the surrounding uses. Planning Department, Planning Services Division 7 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 8 Adequate ventilation shall be provided within the smoking lounge in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws. Fire Department - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 The maximum occupancy shall not exceed the occupancy limit for the premises established by the Anaheim Fire Department and Building Division. Fire Department, Building Division, Code Enforcement 10 All business related activities shall be conducted wholly within the building. Police Department 11 No persons under 18 years of age shall be permitted 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 stating “No person under the age of 18 allowed beyond this point.” Police Department GENERAL CONDITIONS 12 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 13 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 14 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 - 7 - PC2014-*** ATTACHMENT NO. 3 December 3, 2014 City of Anaheim Planning Department 200 S. Anaheim Blvd. Anaheim, CA 92805 SUBJECT : CUP 2014-05743 VARIANCE JUSTIFICATION LETTER for Parking Variance REFERENCE : Embassy Cigar 5773 Santa Ana Canyon Rd Unit F Anaheim, CA 92807 Section 18.42.110 of the Anaheim Municipal Code requires that before any parking variance may be granted by the Planning Commission, the Parking Demand Study must provide evidence that the project complies with the following: 1. The variance, under the conditions imposed if any, will not cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; The proposed( existing) use, an off sale of cigars and related items store that has been in existence since early year 2000, will not require more parking spaces than provided, due to the fact that most customers stop by the store primary to buy cigars for off premises use. However, there is an area of 200-250 SF of the store ( 1,700 SF) where customers can sit and smoke a cigar occasionally. 95 % of the customers buy cigars for off premises use. Therefore, all parking spaces provided for the proposed use, will be sufficient, taking into the consideration the nature of the business had not changed since it was established in year 2000. 2. The variance, under the conditions imposed if any, will not increase the demand and for parking spaces upon the public streets in the immediate vicinity of the WESTERN STATES Engineering, Inc. 4887 E. La Palma Ave. Ste. 707 Anaheim , CA 92807 ► (714)695-9300 (714)693-1002 fax Lic# 723791 www.westernsec.com ATTACHMENT NO. 4 proposed use; The existing shopping center existed for over 30 years. The only major changes in use happened few years back, when the city approved Mother’s market to operate across from Embassy Cigar is. There is no problem related to parking with existing businesses. The area surrounding the Property is generally built out. The project site is bordered on the east by a single family residences, to the north and by a Motel and Mercedes Benz dealership. To the West, by Imperial. The existing parking spaces on site will be adequate enough, not to increase the demand for parking spaces upon public streets in the immediate vicinity of the proposed use. 3. The variance, under the conditions imposed if any, will not increase the demand and for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050.030 (Non-Residential Uses — Exception); As stated earlier, the proposed/ existing use will not require additional parking, beyond what is provided. The proposed use will service mostly pass-by vehicles from the adjacent roadways and businesses or residents are who already in the area. Therefore, based on history of similar uses in the same vicinity, the variance, under the conditions imposed if any, will not increase the demand and for parking spaces upon adjacent private property in the immediate vicinity of the proposed use 4. The variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. From an operational history of such use, ( Cigar shops) 95% of customers would park their cars , at the parking lot provided by the shopping center for few minutes, to walk inside the cigar shop and buy cigars and related items. The remaining 5% or less of the customers who would only buy a cigar and try to smoke at the smoking lounge (250 SF area provided), would use the parking area provided for customers. In reality, there are adequate numbers of parking spaces provided for the use than the number required by code . Therefore, the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 5. The variance, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Both streets surrounding the subject property, on the south and west side, are well developed, with a signalized intersection. The proposed use will not increase additional traffic into the existing business, because the new use will serve the same customers and residents in the same as for the past 15 years. Therefore, the variance, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO. DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No CONSULTANT/ SEALS Plotted: Tuesday, July 15, 2014 3:44 PM M:\_Current Projects\EXXXX CIGAR SHOP-ANAHEIM CA\_CAD\1. Architectural\SHEETS\A-3.0 PHOTOS.dwgGHANSHYAM B. PATEL EMBASSY CIGARS 5773 E. SANTA ANA CANYON RD. UNIT-F ANAHEIM CA 92807 JOB NO. CUP NO. 5773 E. SANTA ANA CANYON RD. UNIT-F ANAHEIM CA 92807 WS WS JK 01.06.14 AS SHOWN 5+6'2*1615 #Ä ATTACHMENT NO. 5 (E) WALL MERCHANDISE SHELF UNITS(E) COUNTER (E) WALL MERCHANDISE SHELF UNITS(E) CIGAR LOCKERS (E) CABINETS ENTRANCE IMPERIAL HIGHWAYSANTA ANA CANYON RD. EMBASSY CIGARS J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: DATE DRAWN: CHECKED BY: DATEBYNO. DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No CONSULTANT/ SEALS Plotted: Wednesday, July 09, 2014 10:53 AM M:\_Current Projects\EXXXX CIGAR SHOP-ANAHEIM CA\_CAD\1. Architectural\SHEETS\A-1.0 PLAN.dwgGHANSHYAM B. PATEL EMBASSY CIGARS 5773 E. SANTA ANA CANYON RD. UNIT-F ANAHEIM CA 92807 JOB NO. CUP NO. 5773 E. SANTA ANA CANYON RD. UNIT-F ANAHEIM CA 92807 SCALE:2 EXISTING FLOOR PLAN 1/4" = 1'-0" SCALE:1 SITE PLAN-LOCATION PLAN N/A WS WS JK 01.06.14 AS SHOWN 5+6'.1%#6+102.#0 (.1142.#0 #Ä VICINITY MAP PROJECT SITE TOTAL AREA: 1,703 SQ. FT. LOUNGE AREA: 350 SQ. FT. (20%) ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 6 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 15, 2014 SUBJECT: VARIANCE NO. 2014-04990 LOCATION: 5401 East La Palma Avenue (Anaheim Hills Jaguar/Land Rover) APPLICANT/PROPERTY OWNER: The applicant is Len Silvernail of Anaheim Hills Jaguar/Land Rover, Inc. The applicant’s agent is Robert May with P.S. Services and the property owner is CapRock Partners. REQUEST: The applicant requests approval of a variance to allow a freestanding sign at an existing automotive dealership that is larger than permitted 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 11, Accessory Structures) and approving Variance No. 2014-04990. BACKGROUND: This 13.2-acre property is developed with an automotive dealership and an industrial complex. It is located in the Northeast Area Specific Plan, Development Area 2 – Expanded Industrial zone (SP94-1, DA2) and in the Scenic Corridor (SC) Overlay zone. The site is designated for Industrial land uses by the General Plan. The property is surrounded by a railway and single-family residences to the north, an automotive dealership to the west, industrial businesses to the south across La Palma Avenue and a medical office building and industrial businesses to the east. This automotive dealership was originally approved in 1999. In February 2014, an expansion of the automobile dealership was approved by the Commission. PROPOSAL: The applicant proposes to replace two, four foot high monument signs with freestanding sign. The sign would be internally illuminated. The proposed sign would be 125 square feet, 25 feet high and 10 feet wide. It would be located within the landscape planter adjacent to La Palma Avenue. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net VARIANCE NO. 2014-04990 December 15, 2014 Page 2 of 2 ANALYSIS: A variance is required because the proposed freestanding sign exceeds the maximum size allowed by the Code. This property has a street frontage of approximately 515 feet, so the Code would allow one freestanding sign up to 60 square feet with a maximum height and width of 8 feet. The applicant has submitted a letter of justification indicating that the variance is requested because there is a lack of visibility to the existing monument signs for customers driving east on La Palma Avenue due to the curve in the street. The letter also mentions five businesses in the vicinity that have signs similar to the proposed freestanding sign. The Caliber Motors dealership located directly to the west of this property was granted a variance for a 40-foot high freestanding sign by the City Council in 1984. Staff has reviewed the applicant’s letter of justification and believes that there are findings to support a variance for the proposed sign. The unique curvilinear shape of the property frontage due to the bend in La Palma Avenue impacts visibility to the property. Visibility is also impacted by the significant number of trees planted along La Palma Avenue. Staff conducted site inspections of the property, confirming that the existing 4-foot high monument signs were partially obstructed and that the property was not readily identifiable as an automobile dealership. Strict application of the Code would deprive the business of privileges enjoyed by other properties under the identical zoning classification in the vicinity since variances have been granted for other freestanding signs in the immediate area. CONCLUSION: Staff believes there is justification to grant the requested variance. There are unique physical site characteristics such as size, shape and location that justify a larger sign than the Code allows. Staff recommends approval of the variance. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Variance Justification Letter 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. 4. Photographs 5. Site and Sign Plan SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2MERCEDES BENZCAR DEALERSHIP SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2MERCEDES BENZCAR DEALERSHIP SP 94-1 (SC)DA2ANAHEIMHILLSHEALTHPLAZA SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2MERCEDES BENZCAR DEALERSHIP SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2ANAHEIMHILLSHEALTHPLAZA SP 94-1 (SC)DA2CANYONOFFICECENTER E L A P A L M A A V E E ORANGETHORPE AVE N BRASHER STE HUNTER AVE E. LA PALMA AVE N. IMPERIAL HWYN.LAKEVI EWA V E E .S A N T A A N A C A N Y O NRDN.KELLOGGDRE .L APA LM AAVEE.SA NT A A N A CANYON RD 5 4 0 1 East La P alma Avenue D EV No. 2 0 13-00135 A Subject Property APN: 346-261-06 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 14 E LA PALMA AVE E ORANGETHOR P E A V E N BRASHER STE HUNTER AVE E. LA PALMA AVE N. IMPERIAL HWYN.LAKEVI EWA V E E .S A N T A A N A C A N Y O NRDN.KELLOGGDRE.L APA LM AAVEE.SA NT A A N A CANYON RD 5401 East La Palma Avenue DEV No. 2013-00135A Subject Property APN: 346-261-06 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2014-04990 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00135A) (5401 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve proposed Variance No. 2014- 04990 to allow a freestanding sign at an existing automotive dealership that is larger than permitted by the Zoning Code (sometimes referred to herein as the "Proposed Project") for certain premises located at an automotive dealership commonly known as 5401 East La Palma Avenue in the City of Anaheim, County of Orange, State of California (the “Property”); and WHEREAS, the Property is a part of an industrial complex 13.2 acres (approximate) in size, which is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference. The industrial complex is located in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of the Code, combined with the zoning and development standards of the underlying base zone for the Property, which is the "I" Industrial Zone. Unless otherwise indicated in Chapter 18.120 of the Code, the standards of the “I” Industrial Zone contained in Chapter 18.10 (Industrial Zone) of the Code shall apply to the Property. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "I" Industrial Zone. The Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the “Code”), to hear and consider evidence for and against proposed Variance No. 2014-04990 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, and that, therefore, pursuant to Section 15311 (Class 11 – Accessory Structures) of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2014-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to proposed Variance No. 2014-04990 to a freestanding sign for an existing automotive dealership that does not meet the Code in relation to the maximum size allowed by the Code, should be approved for the following reasons: SECTION NOS. 18.44.090.020 Maximum Size of Freestanding Signs (8 feet high; 8 feet wide, with a total of 60 square feet permitted); (25 feet high; 10 feet wide; with a total of 125 square feet; proposed) 1. The unique curvilinear shape of the property frontage due to the bend in La Palma Avenue impacts visibility of the property. Visibility is also impacted by the significant number of trees planted along La Palma Avenue. 2. The strict application of the Zoning Code would deprive the Property of privileges enjoyed by other properties under the identical zoning classification in the vicinity of the Property since other businesses in the area have freestanding signs that exceed the Code requirement in relation to size. 3. The freestanding sign is appropriate in relation to the large property and is consistent with other freestanding signs located along La Palma Avenue. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2014-04990, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 2 - PC2014-*** BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 15, 2014. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130 (Appeals – Planning Commission Decisions) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2014-*** 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 December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” VARIANCE NO. 2014-04990 (DEV2013-00135A) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF SIGN PERMITS 1 The site plan shall show a line of sight triangle per City of Anaheim Engineering Standard Detail 115, which requires a seven foot by 50 foot triangular clear zone, to ensure the sign is outside of the line of sight for vehicular access. Public Works Department, Traffic Engineering GENERAL CONDITIONS 2 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning Department, Planning Services Division 3 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 4 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division - 6 - PC2014-*** ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 7 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 15, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05757 AND VARIANCE NO. 2014-04986 LOCATION: 720 South Beach Boulevard (Guerrero Mexican Grill) APPLICANT/PROPERTY OWNER: The applicant is Israel Mercado, representing Guerrero Mexican Grill, and the property owner is National Strategic Investments. REQUEST: The applicant requests approval of a conditional use permit to allow the sale of beer and wine for on-premises consumption within an existing restaurant in a commercial retail center, and a variance to allow fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) of the State CEQA Guidelines, and approving Conditional Use Permit No. 2014-05757 and Variance No. 2014-04986. BACKGROUND: The approximately 0.98-acre project site is developed with a 1,600 square-foot restaurant building, including a 1,348 square-foot outdoor patio, and a two-story, 9,266 square foot retail building. The retail building is mostly vacant with a flower shop operator leasing approximately 1,160 square feet of the building. The site is located in the General Commercial (C-G) zone. The General Plan designates the site for Corridor Residential land uses. Surrounding land uses include multi-family residential to the north and east, single-family residential to the south across Stonybrook Drive, and commercial uses to the west across Beach Boulevard. PROPOSAL: The applicant proposes to sell beer and wine for on-site consumption in conjunction with the existing restaurant along with use of the outdoor patio area for dining purposes. The current owner acquired the business in April 2014 and is not proposing any physical changes to the restaurant space. The restaurant provides a full lunch and dinner menu. The hours of operation are from 10:00 a.m. to 9:00 p.m. Sunday through Thursday and from 10:00 a.m. to 10:00 p.m. on Friday and Saturday. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05757 VARIANCE NO. 2014-04986 December 15, 2014 Page 2 of 3 Entertainment is also proposed in conjunction with the restaurant and will include karaoke and other live entertainment, such as two or three-piece bands providing background music. No stage or dance floor is proposed as part of this request. ANALYSIS: The following is staff’s analysis of the project: On-Sale Beer and Wine: The Zoning Code requires a conditional use permit to allow the sale of beer and wine in a restaurant in order to ensure compatibility with the surrounding uses. A determination of public convenience or necessity is not required for restaurants serving beer and wine. The number of alcohol licenses allowed in each of the City’s census tracts is regulated by the State Department of Alcoholic Beverage Control (ABC) and is based upon population. The project site is located within Census Tract No. 869.03, which has a population of 6,861 residents. This population figure allows for seven licenses and presently there are four licenses within the tract. The project site is also within Police Reporting District No. 1816, which has a crime rate that is 187% above the citywide average. There have been five calls for service to this location in the last year, including brandishing of a firearm, vice/prostitution, stolen vehicle, disturbance and suspicious subject. The calls for service to this location were not related to alcohol consumption and occurred at the property prior to the applicant operating the restaurant. Further, the crime rate within 0.25 miles of the project site is 358% above the citywide average with calls for service during the past year consisting of 79 drug abuse violations, 39 petty thefts, 34 simple assaults and 17 grand theft autos. Staff believes the sale of beer and wine would be compatible with the surrounding area because Beach Boulevard is a predominantly commercial corridor consisting of other commercial uses. Conditions of approval to help ensure that the business is operated in a responsible manner are included as part of the draft resolution. These conditions include a prohibition on any exterior advertising of the availability of alcoholic beverages and required ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees. Staff does not anticipate that the addition of beer and wine sales at this location would contribute to an increase in crime in the area as there currently is not an over-concentration of on-sale beer and wine licenses within the Census Tract. There are no outstanding Code Enforcement violations associated with the subject property. Staff conducted an inspection of the property and found it to be well maintained. Parking Variance: The site contains 57 parking spaces and is accessed via driveways from Beach Boulevard and Stoneybrook Drive. Parking for the project site is required as follows: Use Size Ratio Required Retail 7,105 sq.ft. 5.5 spaces/1,000 sq.ft. 40 Office 2,161 sq.ft. 4 spaces/1,000 sq.ft. 9 Restaurant (with outdoor dining area) 2,984 sq.ft. 8 spaces/1,000 sq.ft. 24 Total Spaces Required: 73 Total Spaces Provided: 57 CONDITIONAL USE PERMIT NO. 2014-05757 VARIANCE NO. 2014-04986 December 15, 2014 Page 3 of 3 The applicant has provided daily parking counts attributed to the restaurant over the course of a recent week during peak business hours. The maximum demand for parking was 11 spaces on Friday and Saturday during peak dinner hours (5:00 p.m. to 8:00 p.m.). Since the restaurant would have different peak hours than the retail tenants anticipated at full property tenancy, staff believes that parking would be adequate to accommodate the demands for the property. CONCLUSION: The sale of beer and wine for on-premise consumption is consistent with the operational characteristics of the commercial center and compatible with surrounding land uses. Further, it is not anticipated that the restaurant use would create a parking deficiency for the project site. Staff recommends approval of this request. Prepared by, Submitted by, Gustavo Gonzalez Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Letter of Operation and Parking Justification 4. Police 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 C-GRETAIL RM-2CONDOMINIUMS/TOWNHOUSES C-GVILLA INN C-GWEST ANAHEIMMEDICAL PLAZA C-GANAHEIM LODGE RM-4COBBLESTONEAPARTMENTS34 DU C-GMOTEL MOONLIGHT RM-2CONDOMINIUMS/TOWNHOUSES RM-4SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RM-2CONDOMINIUMS/TOWNHOUSES C-GRETAIL C-GRAINBOW INN C-GCOVERED WAGON MOTEL TBADEN-POWELLELEMENTARY SCHOOL RS-2SINGLE FAMILY RESIDENCE C-GBAYMONT INN & SUITES C-GAUTO DEALERSHIP C-GANAHEIM BUENA PARKTRAVELODGE RM-4BEACHWOODAPARTMENTS301 DU RM-4DON QUIOTEAPARTMENTS50 DU C-GWEST ANAHEIMMEDICAL PLAZA RM-2CONDOS7 DU C-GRAMADA LIMITED RM-4STONYBROOKAPARTMENTS56 DU RS-2SINGLE FAMILY RESIDENCES BEACH BLVDW RO ME AVES HAYWARD STS GAYMONT STW STO NY BRO O K DR S GAYMONT STW HAYWARD ST W. BALL RD W. LINCOLN AVE W. ORANGE AVE S. KNOTT AVE. CERRITOS AVE S. MAGNOLIA AVES. WESTERN AVEW.BROADWAY S.BEACHBLVDW. LINCOLN AVEW. LINCOLN AVE 7 2 0 South Beach Boulevard D EV No. 2 0 14-00090 Subject Property APN: 126-120-11 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 14 S BEACH BLVDW ROME AVES HAYWARD STS GAYMONT STW STONYBROOK DR S GAYMONT STW CHERYLLYN LN W HAYWARD ST W. BALL RD W. LINCOLN AVE W. ORANGE AVE S. KNOTT AVE. CERRITOS AVE S. MAGNOLIA AVES. WESTERN AVEW.BROADWAY S.BEACHBLVDW. LINCOLN AVEW. LINCOLN AVE 720 South Beach Boulevard DEV No. 2014-00090 Subject Property APN: 126-120-11 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05757 AND VARIANCE NO. 2014-04986 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00090) (720 SOUTH BEACH BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for (i) Conditional Use Permit No. 2014-05757 to permit the sale of beer and wine for on-premises consumption within an existing restaurant, and (ii) Variance No. 2014-04986 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code") (collectively, the "Proposed Project") for premises located on that certain real property at 720 South Beach Boulevard, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.98-acre in size and is developed with an existing restaurant building and a two-story retail/office building. The Land Use Element of the Anaheim General Plan designates the Property for Corridor Residential land uses. The Property is located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically, exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2014-05757, does find and determine the following facts: - 1 - PC2014-*** 1. The proposed conditional use permit to permit the sale of beer and wine for on- premises consumption within an existing restaurant would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because Beach Boulevard is a predominantly commercial corridor consisting of other commercial uses; and, the on-premises sale of beer and wine at the Property will not contribute to an increase in crime in the area as there currently is not an overconcentration of on-sale beer and wine licenses within the Census Tract.; and 2. The size and shape of the site is adequate to allow the full development of the existing use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail center and there is no proposed expansion; and 3. The traffic generated by permitting beer and wine service for on-premises consumption in conjunction with the existing restaurant would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use; and 4. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Property is a commercial center which allows restaurant businesses and the existing restaurant is compatible with the surrounding area, subject to compliance with the conditions contained herein. WHEREAS, the Planning Commission does further find and determine that the request for a variance to allow fewer parking spaces than required by the Code in conjunction with the existing restaurant, including an outdoor patio, should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (73 spaces required; 57 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the all uses on site than the number of such spaces necessary to accommodate all vehicles attributable to such uses under the normal and reasonably foreseeable conditions of operation of such uses. A parking justification letter was prepared by the applicant, determining that the current number of parking spaces within the Property is sufficient to accommodate all of the current and future uses on site. Additionally, since the restaurant would have off-setting peak hours from the retail tenants anticipated at full property tenancy, parking would be adequate to accommodate the full parking demands for the property; 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property because existing parking spaces on site will adequately accommodate the peak parking demands of the existing restaurant as the peak parking demands of all existing and future uses will not occur at the same time; - 2 - PC2014-*** 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on-site parking for the Property will adequately accommodate peak parking demands for the current and futures uses on the site; 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05757 and Variance No. 2014-04986, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 3 - PC2014-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 15, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05757 AND VARIANCE NO. 2014-04986 (DEV2014-00090) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT ON-GOING DURING PROJECT OPERATIONS 1 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 2 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police Department 3 That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police Department 4 At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. Police Department 5 Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. Police Department 6 There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 7 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 8 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) Police Department - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 LEAD (Licensee Education on Alcohol and Drugs Program) Training from the California Department of Alcoholic Beverage Control will be required for the owner and any manager and employee involved with the service of alcoholic beverages at the business premises. The number is 714-558-4101. Police Department 10 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 11 The number of persons shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the business premises. (Section 25.114(a) Uniform Fire Code) Police Department 12 The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. Police Department 13 The door(s) shall be kept closed at all times during the operation of the premises except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. Police Department 14 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 15 The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) in a location satisfactory to the appropriate representative of the Police Department, that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. Police Department 16 The patio hours shall be limited to not later than 10:00 p.m. each day of the week and the restaurant's hours of operation shall be limited to not later than 12:00 midnight. Police Department 17 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 18 The subject 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 19 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 building permits 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 20 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 21 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 - 8 - PC2014-*** Guerrero Mexican Grill 720 S. Beach Blvd Anaheim CA 9284 714- 828-1683 The purpose of this letter is to inform you of the hours of operation of Guerrero Mexican Grill at 720 S Beach Blvd Anaheim CA 92804 LETTER OF OPERATIONS FOR EXISTING RESTAURANT DAYS AND HOURS OF OPERATION Hours Mon: 10:00am - 9:00pm Tue: 10:00am - 9:00pm Wed: 10:00am - 9:00pm Thurs: 10:00am - 9:00pm Fri-Sat: 10:00am - 10:00pm Sun: 10:00am - 9:00pm Hours Lunch Peak business hours Mon: 12:00pm - 2:00pm Tue: 12:00pm - 2:00pm Wed: 12:00pm - 2:00pm Thurs. 12:00pm - 2:00pm Fri-Sat: 11:00am - 2:00pm Sun: 11:00am - 2:00pm Dinner peak business hours Mon: 5:00pm - 7:00pm Tue: 5:00pm - 7:00pm Wed: 5:00pm - 7:00pm Thurs: 5:00pm - 7:00pm Fri-Sat: 5:00pm - 8:00pm Sun: 3:00pm - 7:00pm PROPOSED ENTERTAINMENT USES For entertainment will have Karaoke, traditional trios, and live entertainment. PROPOSED EVENTS For events we’ll do families parties such as birthday parties and family oriented gatherings. PROPOSED OUTSIDE PATIO Patio will be used our outdoor seating is a total of 35 patio seats. NUMBER OF PARKING SPACES DEDICATED TO THE EXISTING RESTAURANT The total parking lot spaces are 57 + and the restaurant has 27 available parking spaces or as many are needed if needed. ATTACHMENT NO. 3 ONE WEEK OF PARKING COUNTS DURING PEAK BUSINESS HOURS OF EVERYDAY OF THE WEEK. Lunch Peak business hours Mon: 12:00pm - 2:00pm 7 spots Tue: 12:00pm - 2:00pm 10 spots Wed: 12:00pm - 2:00pm 5 Spots Thurs: 12:00pm - 2:00pm 7 Spots Fri-Sat: 11:00am - 2:00pm 11 Spots Sun: 11:00am - 2:00pm 6 Spots Dinner Peak business hours Mon: 5:00pm - 7:00pm 6 spots Tue: 5:00pm - 7:00pm 4 spots Wed: 5:00pm - 7:00pm 5 Spots Thurs: 5:00pm - 7:00pm 7 Spots Fri-Sat: 5:00am - 8:00pm 11 Spots Sun: 3:00am - 7:00pm 6 Spots NUMBER OF EMPLOYEES ANTICIPATED DURING PEAK BUSINESS HOURS At full capacity, there would be six employees during our peak business hours. ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 8 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 15, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05688 VARIANCE NO. 2014-04993 LOCATION: 2508 West Woodland Drive (Life Evangelical Church) APPLICANT/PROPERTY OWNER: The applicant is Sam Thomsic, representing Life Evangelical Church, and the property owner is Ron Koldstad. REQUEST: The applicant requests approval of a conditional use permit and variance to permit and retain a church within an existing industrial building with a variance to allow fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 2013-05688 and Variance No. 2014-04993. BACKGROUND: The .55-acre property is developed with an industrial building. It is located in the Industrial (I) zone and is part of an integrated industrial complex. Life Evangelical Church has been operating at this location since January, 2014. The site is designated for Industrial land uses by the General Plan. Surrounding land uses include Living Stream Ministries to the east; industrial uses to the north across Woodland Drive; and, industrial uses to the south and west. PROPOSAL: The applicant requests approval of a conditional use permit to permit and retain a 5,834 square foot church in an existing 8,223 square foot industrial building. The remaining 2,389 square feet of building area is utilized for storage by the property owner. The church includes a 1,266 square foot sanctuary, sound room foyer, office, classrooms, restrooms, lunch room, cry room, utility and storage rooms. No exterior changes to the building are proposed. Church services and activities are held Sundays at 10:00 a.m. and 11:45 a.m. and on Thursday and Friday evenings from 6:00 p.m. to 9:00 p.m. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2013-05688 AND VARIANCE NO. 2014-04993 December 15, 2014 Page 2 of 2 ANALYSIS: The following is staff’s analysis of the project: Conditional Use Permit: The Code allows churches in the Industrial zone subject to a conditional use permit. The conditional use permit is intended to determine compatibility of the proposed use with surrounding land uses. This building is part of an integrated industrial park that contains a total of 40 buildings. The church occupies a portion of an existing industrial building with the remainder of the building utilized by the property owner for personal storage. The church would not impact adjacent uses because it does not operate during the normal business hours of the surrounding industrial and commercial uses. Further, the church does not conduct any uses, such as a school or childcare facility that could limit the operations of adjacent industrial uses. A condition of approval prohibiting weekday school or childcare activities has been included in the draft resolution. Parking Variance: The church requires a total of 38 parking spaces; 37 spaces for the sanctuary and one space for the office area. An additional four spaces are required for the warehouse space, so the property requires a total of 42 parking spaces. This property has 16 spaces. The applicant was made aware by staff that additional off-street parking was needed for the church use. The applicant has since obtained an agreement for 38 additional parking spaces from the adjacent property owner for a total of 54 parking spaces. The parking justification letter indicates that church-related activities take place on Sunday mornings and Thursday and Friday evenings. No activities take place during the typical hours of operation for the surrounding businesses. Therefore, staff believes that the proposed number of parking spaces is adequate for the church use. CONCLUSION: Staff believes the church is an appropriate use for this property and is compatible with the surrounding land uses. The church has a record of operating without impacting neighboring properties. Staff recommends approval of the conditional use permit and variance. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Letter of Operation and Parking Justification 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. 4. Site Plan and Floor Plan 5. Site Photographs IRELIGIOUS USE IINDUSTRIAL BUSINESS PARK IINDUSTRIAL IINDUSTRIAL IRELIGIOUS USE IINDUSTRIAL IINDUSTRIAL IRELIGIOUS USEIINDUSTRIAL IOFFICES W LA PALMA AVE W WOODLAND DR N ELECTRIC WAYN HUBBELL WAYW VIA PALMAW. LA PALMA AVE W. CRESCENT AVEN. MAGNOLIA AVEN. DALE AVE. ORANGETHORPE AVE 2 5 0 8 West Woodlan d Driv e D EV No. 2 0 13-00084 Subject Property APN: 071-533-02 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 13 W LA PALMA AVE W WOODLAND DR N ELECTRIC WAYN HUBBELL WAYW VIA PALMAW. LA PALMA AVE W. CRESCENT AVEN. MAGNOLIA AVEN. DALE AVE. ORANGETHORPE AVE 2508 West Woodland Drive DEV No. 2013-00084 Subject Property APN: 071-533-02 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05688 AND VARIANCE NO. 2014-04993 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00084) (2508 WEST WOODLAND DRIVE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2013- 05688 to permit a church within an existing industrial building, and (ii)Variance No. 2014-04993 to permit fewer parking spaces than required by the Anaheim Municipal Code (the "Code") for premises located on that certain real property at 2508 West Woodland Drive (collectively referred to herein as the "Proposed Project") in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately .55-acre in size and is developed with an industrial building. The Property is located in the "I" Industrial Zone and is designated for Industrial land uses in the General Plan; and WHEREAS, on December 15, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2013-05688 and Variance No. 2014-04993, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to a church within an existing industrial building with fewer parking spaces than required by the Zoning Code, does find and determine the following facts with respect to proposed Conditional Use Permit No. 2013-05688: 1. The proposed request to allow a church in an existing industrial building within the “I” Industrial Zone is properly one for which a conditional use permit is authorized by subsection .010 of Section 18.10.030 (Uses) of the Code; and - 1 - PC2014-*** 2. The proposed conditional use permit to allow a church in an existing industrial building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the church use will occur when adjacent businesses are closed; and 3. The size and shape of the site for the use is adequate to allow the full development of the church in a manner not detrimental to the particular area or to the health and safety because the use will be entirely within an existing building; and 4. The traffic generated by the proposed church will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will occur during off peak hours of the adjacent businesses; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed the church will be compatible with the surrounding area because the use is integrated with other uses on within the commercial center and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by the Code in conjunction with the proposed church an existing industrial building should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (42 spaces required; 16 spaces existing) 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. A parking demand/operational letter was prepared by the applicant indicating that the current number of parking spaces, along with 38 additional parking spaces on adjacent property, is sufficient to accommodate the use; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because on-site parking and parking provided by the adjacent industrial properties for use by the church would adequately accommodate the parking demands of the proposed church; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity. The church would generate a peak parking demand of 38 parking spaces, while 54 spaces would be available including parking provided by the adjacent industrial properties; and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and - 2 - PC2014-*** 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the church. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05688 and Variance No. 2014-04993, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 3 - PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 15, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05688 AND VARIANCE NO. 2014-04993 (DEV2013-00084) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning Department, Code Enforcement 2 The church shall be operated in accordance with the Letter of Request and Parking Letters submitted as part of this application. Any changes to the church operation as described in that document shall be subject to review and approval by the Planning Director. Planning Department, Planning Services Division 3 This church facility shall not include any child day care or pre-school activities, except during church services. Planning Department, Code Enforcement 4 No portable signs shall be utilized to advertise the church. Planning Department, Code Enforcement 5 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. Planning Department, Code Enforcement Division 6 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police Department 7 Applicant shall 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 8 The project shall be shown to comply with the requirements of an A occupancy in accordance with the 2010 California Building Code. Fire Department 9 The applicant shall enter into a license, lease or rental agreement with the owner of the adjacent property located at 2512-2516 West Woodland Drive granting to the applicant Planning Department, Planning Services Division - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT and its invitees a revocable, non-exclusive right to park in 38 parking spaces and to use the roadways and driveways for ingress and egress solely for the purpose of accessing the parking spaces on Sundays from 9:30 a.m. to 1:30 p.m. Said instrument shall not be revoked, terminated, amended or modified in any manner that would materially and adversely affect the rights of the applicant to use the parking spaces and the roadways and driveways without giving prior written notice to the City of Anaheim; provided, however, that the owner of 2512-2516 West Woodland Drive shall have no obligation to so notify the City. The license, lease or rental agreement shall be in a form acceptable to the City Attorney and thereafter recorded in the Official Records of the County of Orange. A recorded copy of said instrument shall be filed with the Planning Division. GENERAL CONDITIONS 10 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 11 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 12 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 - 7 - PC2014-*** Operation Plan and Parking Demand 2508 West Woodland Drive, Anaheim 92801 The purpose of this Operational Plan is to summarize the usage of the proposed church as it applies to the proposed site. This document describes the proposed operational characteristics as it relates to operation hours and the associated parking demand. There are currently 16 parking spaces on the site of this facility. See below for an explanation of demand and plan to fulfill city requirements to meet that demand. Proposed Church Operation: The church is comprised of a total of 110 people, thirty of whom are minor children. The proposed site is 5834 sq ft located at the address above. The proposed site will be used for general assembly (Church Service), Children’s Programs and various smaller meetings. The proposed schedule is as follows Sunday: 10 am Service for adults (approx 40) with a concurrent children’s bible study in the various rooms (25 children). 11:45 Service for adults (approx 40) Service duration is one hour and ten minutes. Thursday: 6pm-9pm Praise Band Practice - 7 members Friday: 6pm-9pm Awana Children’s Program – 10 adults and 20 children Church has no regular daytime hours other than Sunday. Parking demand analysis: The city has recommend the church to have 43 parking spaces in total. Our site has 16 parking spaces on premises. Three spots are allotted to the warehouse space in the current building. We believe our parking demand will be in the range of 12-15 cars. Our reasoning is as follows: LIFE EVANGELICAL CHURCH ATTACHMENT NO. 3 2 Thursday: Will need no more than 7 cars. Friday: Will need 8-10 cars for the teachers, children will be dropped off. Sunday 10am: Is comprised primarily of families. Our average family size is 4-5 people who will drive in one car only. This would yield around 13-15 car spaces needed. Sunday 11:45: Will have some families and college students. Many students do not have their own car so are forced to car pool. We estimate 3 persons per car for this service for a yield around 12-14 car spaces needed. We understand the street parking is not taking into consideration as far as planning commission is concerned, though we would like to mention its availability as well. However, we have also taken steps to make sure the parking demand is not overly taxing on the existing business’ or area. We have agreed with the adjacent business, Textile Products Inc., to come into contract for any remaining spaces needed. They have 38 spaces available during the time of our proposed use. Textile Products Inc. hours of operation do not run concurrently with any proposed church programs. Their regular business hours are from 8am-4:30pm, Monday through Friday with no regularly scheduled hours during the weekend. LIFE EVANGELICAL CHURCH LIFE EVANGELICAL CHURCH Tenant List for Parking Considerations Textile Products, Inc List Tenant: Textile Products, Inc Business Type: Manufacturing Operation Hours: 8:00 am – 4:30 pm, Mon – Fri Address: 2512 W Woodland Dr. Anaheim, Ca 92801 Square Footage: 10,423 Parcel ID: 071-533-03 Parking Available: 11 Spaces Tenant: Textile Products, Inc Business Type: Manufacturing Operation Hours: 8:00 am – 4:30 pm, Mon – Fri Address: 2516 W Woodland Dr. Anaheim, Ca 92801 Square Footage: 7,259 Parcel ID: 071-533-04 Parking Available: 16 Spaces Tenant: Textile Products, Inc Business Type: Manufacturing Operation Hours: 8:00 am – 4:30 pm, Mon – Fri Address: 2520 W Woodland Dr. Anaheim, Ca 92801 Square Footage: 8,686 Parcel ID: 071-533-05 Parking Available: 11 Spaces LIFE EVANGELICAL CHURCH LIFE EVANGELICAL CHURCH ATTACHMENT NO. 4 NON-OCCUPIEDWAREHOUSE2389 SF(NOT PART OF SCOPE)PROPOSED PROJECT LOCATIONCHURCH TENANT IMPROVEMENT5834 SF(E) 17'-6" W X 6' H C.L ROLL GATE(E) 6' H C.L.F.(E) 6' H C.B.W TRASHAREA26'-11"24'-10"24'-0"225'-3"18'-0" TYP.8'-6" TYP. 24" 12"4'-9"14(E) ASPHALT PAVING(E) ASPHALT PAVINGWOODLAND DR(N) ACC. PATH OF TRAVELFROM PARKING STALL(N) H.C. PARKING STALL;SEE DTL 01/A1.0(N) GROOVED BORDERS;SEE DTL 01/A0.1(N) TRUNCATED DOMES;SEE DTL 04/A1.0A1.0SHEET NO:Drawn By:Project No.:Plot Date:L.M11.7.2013SHEET TITLE:SITE PLAN6All ideas, designs, arrangements, and plans indicated orrepresented by this drawing are owned by, and the property ofMADE8.Designs, and were created, evolved, and developed foruse on, and in connection with, the specified project. None ofsuch ideas, designs arrangements of plans shall be used withoutthe written permission of MADE8.Designs. Written dimensions ofthese drawings shall have precedence over scaled dimensions.Contractors shall verify and be responsible for all dimensionsand conditions on the job, and this office must be notified of allvariations from the dimensions and conditions shown by thesedrawings.REVISIONS:54321#DATEDESCRIPTIONX[X]01.02.12STAMP:ISSUANCES:DATE:MADE.8|DESIGN1SCALE: 3/16" = 1'-0"SITE PLAN2508 W WOODLAND DR. ANAHEIM, CA 92801 LIFE EVANGELICAL CHURCH TENANT IMPROVEMENT12" TYP.18" TYP.80" MIN. TO FIN. FLR 70 SQ. IN. PARKING SIGN WITHINTERNATIONAL SYMBOL OFACCESSIBILITY PER TITLE 24C.C.R. ACCESSIBILITYREQUIREMENTSSIGN TO STATE " MINIMUMFINE $250""VAN ACCESSIBLE" SIGNAGE(WHERE REQURIED)FINISH GRADE36"36"2-1/2" WIDE STROKEWHITE PAINTEDINTERNATIONALSYMBOL OF THEHANDICAPPED.BLUE PAINTED FIELD(GRID SHOWN ONLY FORPROPORTIONSCENTERLINE OF STALL2ADA SITE REQUIREMENTPARKING STALL EMBLEM3ADA SITE REQUIREMENTPARKING STALL SIGNAGE1ADA SITE REQUIREMENTVAN ACCESIBLE PARKING STALL2.35"APART0.45" @ TOP0.9" @ BASE2.35" APART 1.67"APROX.AA0.2" HEIGHT TYPICAL PLANSECTION A-A TAPERED EDGESWHERE EXPOSED4ADA SITE REQUIREMENTTRUNCATED DOME PATTERNPARKING ANALYSIS1.16 PARKING SPACES PROVIDED (1 NEW HANDICAP)2.PARKING AGREEMENT W/ ADJACENT BUSINESS TO MEET REQUIRED SPACESSITE ACCESSIBILITY NOTES .ALL EXISTING ACCESSIBLE ROUTES OF TRAVEL, PARKING SPACES, ENTRANCES,RESTROOMS, AND SIGNS ARE TO BE IN COMPLIANCE WITH THE 2010CALIFORNIA BUILDING CODE, TITLE 24.THE FOLLOWING REQUIREMENTS ARE TO BE VERIFIED TO EXIST AND IF THEY DONOT EXIST MUST BE PROVIDED AND INSTALLED BY THE LANDLORD.1.VERIFY THAT THE DIMENSIONS OF THE VAN ACCESSIBLE PARKING STALLSADHERE TO THE APPLICABLE REQUIREMENTS; SEE DETAIL 1/--VERIFY THAT A PAINTED SIGN EXISTS ON THE GROUND AT THE 8 FOOT WIDEACCESSIBLE PARKING ACCESS AISLE INDICATING "NO PARKING". THE SIGN SHALLBE PAINTED IN WHITE LETTERING, 12 INCHES HIGH AND LOCATED SO THAT IT ISVISIBLE TO TRAFFIC ENFORCEMENT OFFICIALS; SEE DETAIL 1/--.2.VERIFY THAT A CURB RAMP FROM THE ACCESS AISLE, AS PER BBC SECTIONS1127B.5.3 AND 1129.4 (3) WHICH STATES THAT RAMPS SHALL NOT ENCROACHINTO ANY ACCESSIBLE PARKING SPACE OR THE ACCESS AISLE; SEE DETAIL 4/--.3.VERIFY THAT SIGNAGE SYMBOLS EXIST THAT INDICATE THE ACCESSIBLEROUTES OF TRAVEL FROM PUBLIC SIDEWALK TO THE MAIN ENTRANCE, ANDFROM THE ONSITE PARKING SPACES TO THE MAIN ENTRANCE.4.PROVIDE TYPICAL NEW INSTALLATION STRIPING AND ACCESSIBILITY DETAILS IFFOUND EXTREMELY FADED OR NONCONFORMING THE EXISTING SITE,ACCESSIBLE PARKING STALLS(S), AND TOILET ROOM SHALL FULLY COMPLYWITH T-24; AND ARE SUBJECT TO FIELD VERIFICATION. THE INTERNATIONALSYMBOL OF ACCESSIBILITY SHALL BE POSTED ON OR ADJACENT TO ALLDISABLED ACCESSIBLE ENTRANCE IF NOT EXISTING. NON-OCCUPIEDWAREHOUSE SPACE2389 SF(NOT PART OF SCOPE)(N)AUDITORIUM1648 SF(E)STORAGE66 SF(N)CLOSET50 SF(N)ELEMENTARYCLASSROOM332 SF(E)STORAGE107 SF(E)KITCHEN112 SF(N)FOYER782 SF(N)PRESCHOOLCLASSROOM194 SF(N)YOUTHCLASSROOM251 SF(E)WOMEN59 SF(E)MEN55 SF(E)UNI-SEX80 SF(E)STORAGE124 SF(E)OFFICE283 SF(N)CRY ROOM327 SF(N)OFFICE #1294 SF5'-0"5'-11"7'-6"10'-7"7'-6" 10'-9"17'-7"15'-0"18'-0"4'-8"6'-0"3'-0"24"77'-0"7'-2"11'-0"7'-9"12'-0"41'-8"49'-9"16'-1"36'-11"11'-9"55'-3"35'-0"102'-0"21'-8"8'-0"7'-10"10'-1"9'-8"16'-11"13'-1"18'-9"98'-4"102'-9"':+6':+6 UPTO ELECPANEL(E)UTILITY222233222232222222112(E)HALL #2363 SF(E)HALL #1165 SFA2.01A2.01A2.0SHEET NO:SHEET TITLE:FLOOR PLANAll ideas, designs, arrangements, and plans indicated orrepresented by this drawing are owned by, and the property ofMADE8.Designs, and were created, evolved, and developed foruse on, and in connection with, the specified project. None ofsuch ideas, designs arrangements of plans shall be used withoutthe written permission of MADE8.Designs. Written dimensions ofthese drawings shall have precedence over scaled dimensions.Contractors shall verify and be responsible for all dimensionsand conditions on the job, and this office must be notified of allvariations from the dimensions and conditions shown by thesedrawings.X[X]STAMP:ISSUANCES:DATE:MADE.8|DESIGN1SCALE: 3/16" = 1'-0"SITE PLANDrawn By:Project No.:Plot Date:L.M11.7.20136REVISIONS:54321#DATEDESCRIPTION01.02.122508 W WOODLAND DR. ANAHEIM, CA 92801 LIFE EVANGELICAL CHURCH TENANT IMPROVEMENT 6" MIN Ĉ$1*/(%5$&,1*;*$METAL STUDS @ 48" O.C.ALTERNATING DIRECTIONS&87)/$1*($1'%(1'72Ĉ2-#8 SCREWS @ EACH BRACE AND@ OVERLAP FOLD25 GA METAL RUNNER TRACK5/8" GYP BD FINISH EA SIDELINE OF STRUCTURE ABOVE PROVIDE2X4 MIN. BLOCKING WHERE WALL ISPARALLEL TO STRUCTURAL FRAMING.DO NOT ATTACH TO UNDERSIDE OFROOF DECK.2-#8 SCREWS @ EACH LOCATIONCUT FLANGE AND%(1'72Ĉ3-5/8" X 25 GA METAL STUDS @ 16"O.C., 12'-2" MAX HGT. (6" WIDE @PLUMBING WALL PER PLAN)POWER ACTUATED FASTENER @ 32"O.C. MIN OF 2 PER PIECE, 12" WITHINEACH END; HILTI ICC-ER 1663BASE AND FLOOR FINISH, SEEFINISH SCHEDULE25 GA. METAL RUNNER TRACK W/#8 SCREW EA SIDE @ EA STUD.R-13 INSULATION LOCATION PERFLOOR PLANPROVIDE FIRE BLOCKING @ MIDHGT WHERE STUD EXCEED 10'-0"(E) CONC. SLAB FLOORCEILING PER FINISH SCHEDULE1METAL STUD WALL6" ABOVE CEILING2METAL STUD WALLSTUD SCHEDULE ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 9 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 15, 2014 SUBJECT: ZONING CODE AMENDMENT NO. 2014-00121 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This application is a City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code making technical and clarifying changes including, but not limited to, the following Zoning Code chapters: 1) Chapter 18.06 (Multiple-Family Residential Zones) – Clarification of terminology related to non-residential classes of uses and technical corrections to minimum size of recreational-leisure area requirements in multiple-family residential zones; 2) Chapter 18.14 (Public and Special-Purpose Zones) – Clarification of special provisions related to single-family detached dwellings; 3) Chapter 18.16 (Regulatory Permits) – Minor modifications to regulatory permits for entertainment uses; 4) Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) – Minor modifications to the density regulations and minimum parking requirements in the Platinum Triangle Mixed Use Overlay Zone; 5) Chapter 18.32 (Mixed Use (MU) Overlay Zone) – Modification to the regulation of accessory uses by adding Short Term Rentals as a permitted accessory use; 6) Chapter 18.38 (Supplemental Use Regulations) – Minor modifications to the provisions for home occupations; 7) Chapter 18.40 (General Development Standards) – Minor modifications to the regulations of wall height limitations for residential developments; 8) Chapter 18.44 (Signs) – Minor modifications to building sign regulations for multi-tenant commercial and industrial buildings; 9) Chapter 18.46 (Landscaping and Screening) – Minor modifications to the provisions for landscaping requirements in front yard landscape setbacks, wall height limitations abutting railroad corridors for residential developments and landscaping on walls, fences and trash enclosures; 10) Chapter 18.56 (Nonconformities) – Technical corrections to references related to the Community Development Department; 11) Chapter 18.60 (Procedures) – Modifications to the procedures regarding City Council review of discretionary land use applications and the approval authority for time extensions to satisfy conditions of approval; and 12) Chapter 18.92 (Definitions) – Addition of the definition for “Wet Bar.” DISCUSSION: Staff requests a continuance of this hearing to allow time to include additional technical and clarifying changes to the proposed Zoning Code Amendment. RECOMMENDATION: Staff recommends that this hearing be continued to the January 12, 2015 Planning Commission meeting. Prepared by, Submitted by, Gustavo Gonzalez Jonathan E. Borrego Associate Planner Planning Services Manager 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net 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.