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PC 2014/01/13 City of Anaheim Planning Commission Agenda Monday, January 13, 2014 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chair: Victoria Ramirez • Chair Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, January 9, 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 01/13/14 Page 2 of 9 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. 01/13/14 Page 3 of 9 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2008-05372A CONDITIONAL USE PERMIT NO. 3414 VARIANCE NO. 2012-04917 & VARIANCE NO. 2009-04795 (DEV2009-00042A) Location: 5635 East La Palma Avenue Request: To reconsider the findings for Conditional Use Permit No. 2008-05372A and Variance No. 2012-04917 related to the proposed construction of a 10,000 square foot commercial building in order to permit the construction of an approximately 3,900 square foot drive-through restaurant in conjunction with a 4,875 square foot retail building with fewer parking spaces than required by the Zoning Code. The Planning Commission approved Conditional Use Permit No. 2008-05372A and denied in part and approved in part Variance No. 2012-04917 at its January 14, 2013 meeting. The Planning Commission’s action was subsequently appealed to the City Council which upheld the Planning Commission's action and, following the denial of a request for rehearing, directed the Planning Commission to reconsider the findings for Conditional Use Permit No. 2008-05372A and Variance No. 2012-04917 as such entitlements related to the parking spaces to be provided for the project. Reconsideration of the above-referenced entitlements may result in modification or revocation thereof. 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 3 (New Construction or Conversion of Small Structures) Categorical Exemption, and, specifically, Section 15303 of Title 14 of the California Code of Regulations. Continued from the November 4, 2013 and December 16, 2013 Planning Commission meetings. Resolution No. ______ Project Planner: Scott Koehm skoehm@anaheim.net 01/13/14 Page 4 of 9 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2004-04844 (DEV2013-00125) Location: 611 South Brookhurst Street Request: To amend a previously-approved conditional use permit by deleting a condition of approval establishing an expiration date relating to the sale of alcoholic beverages at an existing pharmacy. 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 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2013-05705 (DEV2013-00111) Location: 2410 East Katella Avenue Request: To permit beer and wine sales for on-site consumption in conjunction with a proposed restaurant in an existing retail center. 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: Andy Nogal anogal@anaheim.net 01/13/14 Page 5 of 9 ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2092A (DEV2013-00068) Location: 400 South Euclid Street Request: To permit a banquet facility and the sale of alcoholic beverages in conjunction within an existing restaurant. 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. Continued from the December 2, 2013 Planning Commission meeting. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2013-05717 VARIANCE NO. 2012-04916 (DEV2012-00146) Location: 513-1/2 South Brookhurst Street Request: To permit an outdoor smoking lounge in conjunction with an existing restaurant located less than 200 feet from a single-family residential zone and less than 1,000 feet from a school and with fewer parking spaces than required by 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: Andy Nogal anogal@anaheim.net 01/13/14 Page 6 of 9 ITEM NO. 7 CONDITIONAL USE PERMIT NO. 2013-05694 VARIANCE NO. 2013-04954 (DEV2013-00094) Location: 1112 North Brookhurst Street Request: To permit a smoking lounge in a commercial tenant space located less than 200 feet from a residential zone and less than 1,000 feet from a school and with fewer parking spaces than required by 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: Andy Nogal anogal@anaheim.net ITEM NO. 8 CONDITIONAL USE PERMIT NO. 1215C (DEV2013-00110) Location: 3200 East Carpenter Avenue Request: To amend a previously-approved conditional use permit to permit a new bumper boat attraction at an existing miniature golf 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. Motion Request for Continuance to February 10, 2014 Project Planner: David See dsee@anaheim.net 01/13/14 Page 7 of 9 ITEM NO. 9 CONDITIONAL USE PERMIT NO. 2013-05695 (DEV2013-00095) Location: 1168 South State College Boulevard Request: To demolish a former restaurant building and construct a new drive through restaurant. 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 2 (Replacement or Reconstruction) Categorical Exemption. Resolution No. ______ Project Planner: David See dsee@anaheim.net ITEM NO. 10 TENTATIVE TRACT MAP NO. 17657 CONDITIONAL USE PERMIT NO. 2013-05687 (DEV2013-00083) Location: 1531-1627 East Lincoln Avenue Request: A allow a 76-unit condominium complex with modified landscape setback and building separation requirements. This project also includes a request to approve a tentative tract map to establish a 14 lot, 76-unit condominium subdivision. Environmental Determination: The Planning Commission will consider if Supplemental Environmental Impact Report No. 346 (Previously-Certified) is the appropriate environmental determination for this project. Resolution No. ______ Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 01/13/14 Page 8 of 9 ITEM NO. 11 GENERAL PLAN AMENDMENT NO. 2013-00489 (DEV2013-00132) Location: City-wide Request: To recommend City Council adoption the 2014- 2021 Housing Element of the Anaheim General Plan. Environmental Determination: The Planning Commission will consider if Supplemental Environmental Impact Report No. 346 (Previously-Certified) is the appropriate environmental determination for this project. Resolution No. ______ Project Planner: Andy Nogal anogal@anaheim.net Adjourn to Monday, January 27, 2014 at 5:00 p.m. 01/13/14 Page 9 of 9 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:45 p.m. January 8, 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. 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Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 13, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05372, CONDITIONAL USE PERMIT NO. 2008-05372A, CONDITIONAL USE PERMIT NO. 3414, AND VARIANCE NO. 2009-04795 LOCATION: 5635 East La Palma Avenue (Cinema City). APPLICANT/PROPERTY OWNER: The applicant is Mike Snyder representing Ware Malcomb and the property owner is Daniel Akarakian. REQUEST: This is a request to modify the parking requirements to allow fewer parking spaces than required by Code. This is also a request that the Planning Commission reconsider the findings for Conditional Use Permit No. 2008-05372, Conditional Use Permit No. 2008-05372A and Variance No. 2009-04795 related to the proposed construction of a 10,000 square foot commercial building and subsequent modification to permit the construction of an approximately 3,900 square foot drive- through restaurant in conjunction with a 4,875 square foot commercial building with fewer parking spaces than required by the Zoning Code. The applicant is also requesting a modification to Conditional Use Permit No. 3414, which relates to the existing theater complex and parking structure, to remove a restriction on the required number of parking spaces and a requirement for securing parking agreements with adjacent property owners to satisfy the parking requirements for the proposed project. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolutions, determining that a Class 3 Categorical Exemption is the appropriate environmental determination for this request and (1) deleting Conditions Nos. 28, 29 and 30 of Conditional Use Permit No. 3414 relating to the theater complex and parking structure; and, (2) modifying and adding conditions of approval relating to the commercial project approved under Conditional Use Permit No. 2008-05372, Conditional Use Permit No. 2008-05372A and Variance No. 2009-04795. BACKGROUND: This hearing was continued from the December 16, 2013 Planning Commission meeting due to a 3-3 vote. Following this vote, the Commission decided to continue this item for a full vote by the Commission rather than referring the item to the City Council as a result of the tie vote. The public hearing was closed prior to the Commission’s action and, as a result, no additional public testimony will be taken on this matter unless the public hearing is first reopened by the Commission Chair. CONDITIONAL USE PERMIT NO. 2008-05372, CONDITIONAL USE PERMIT NO. 3414 AND VARIANCE NO. 2009-04795 January 13, 2014 Page 2 of 6 The 5.52-acre project site is located in the Northeast Area Specific Plan, Development Area 5 – Commercial (SP94-1, DA5) zone and the property is designated for General Commercial land uses by the General Plan. The site is developed with a 1,795 seat multi-screen movie theater and a 190- space parking structure. Surrounding land uses include retail centers to the east and south across La Palma Avenue, office uses and a church to the west, and a railroad right-of-way to the north. Previous Entitlements: In 2009, the Planning Commission and City Council approved a request to permit a 10,000 square foot commercial building with up to seven tenant spaces and a 1,500 square foot outdoor dining area in the existing surface parking area in front of the movie theater (Conditional Use Permit No. 2008-05372). A parking variance was also approved to permit fewer parking spaces than required by Code (Variance No. 2009-04795). On January 14, 2013, the Planning Commission approved Conditional Use Permit No. 2008-05372A and approved, in part, Variance No. 2012-04917 to modify the project and permit the construction of a 3,591 square foot McDonald’s drive-through restaurant in conjunction with a 4,375 square foot commercial building with 500 square feet of outdoor dining area and to modify the existing freestanding sign. The Planning Commission’s decision was appealed to the City Council, which upheld the Planning Commission's action on March 5, 2013. On April 16, 2013, the City Council denied a subsequent request for rehearing and directed the Planning Commission to reconsider the findings for the original parking variance granted for the theater and parking structure and for the commercial project approved under Conditional Use Permit No. 2008-05372, as amended by Conditional Use Permit No. 2008-05372A, and Variance No. 2009-04795, as such entitlements related to the parking spaces to be provided for the project. The direction for reconsideration of the findings was as a result of the loss of parking spaces at the adjacent bank property, which were originally considered available for use when the parking variance was approved. PROPOSAL: The applicant is requesting the elimination of all conditions of approval contained in the original entitlements for the theater complex and for the commercial project that required or permitted the use of off-site parking spaces to satisfy the Code-required parking demand. Instead, the applicant wishes to have the Planning Commission consider whether the parking study entitled Parking Study Update for Cinema City, dated November 11, 2013, as prepared by Linscott, Law and Greenspan, Engineers (Parking Study), is sufficient, based upon the operational characteristics of the theater complex, parking structure and commercial uses on the site, to satisfy the findings required for the approval of a parking variance in accordance with Section 18.42.110 of the Zoning Code. Based upon the applicant's request, staff recommends that three conditions of approval be deleted from Conditional Use Permit 3414 (approving the theater complex and parking structure) and that certain conditions of approval that were required in connection with the commercial project approved under Conditional Use Permit No. 2008- 05372, Conditional Use Permit No. 2008-05372A and Variance No. 2009-04795 be modified and additional conditions of approval be included as a part of those entitlements. ANALYSIS: Following is a description of the requested actions. The findings necessary to support staff’s recommendation are summarized below and described in greater detail in the attached resolutions. CONDITIONAL USE PERMIT NO. 2008-05372, CONDITIONAL USE PERMIT NO. 3414 AND VARIANCE NO. 2009-04795 January 13, 2014 Page 3 of 6 Conditional Use Permit: Conditional Use Permit No. 3414 (CUP 3414), which was first approved by the Planning Commission in 1991 and subsequently amended by the Planning Commission and upheld upon appeal by the City Council in 1992, permitted the expansion of the movie theater and construction of the parking structure, and allowed a reduction in the number of required parking spaces so long as the available parking spaces for the theater complex, consisting of both on- and off-site spaces, would at all times comprise 80% of the minimum number of Code-required parking spaces. CUP 3414 was amended in 1992 to require the petitioner to submit a plan to the City showing the number, location and size of all existing on- and off-site parking spaces together with parking agreements committing off-site parking spaces for use by the theater complex subject to the requirement that the total combined number of spaces would be at least 80% of the minimum then required by the Code for all the seats in the theater. The approvals provided that the number of seats in the theater complex would be reduced if the 80% requirement could not be achieved. The three conditions of approval (28, 29 and 30) are included on pages 2 and 3 of the attached resolution. If the Planning Commission approves staff's recommendation, those three conditions of approval would be deleted from CUP 3414. On December 8, 2009, the City Council approved Conditional Use Permit No. 2008-05372 and Variance No. 2009-04795 (2009 Commercial Entitlements) to permit the construction of a 10,000 square foot commercial building with fewer parking spaces than required by the Code. The 2009 Commercial Entitlements were predicated upon the existence of a license agreement between the adjacent bank property and the site, which purported to allow 49 parking spaces on the bank property to be included in the total of available parking spaces. Earlier this year, the petitioner applied for an amendment to the 2009 Commercial Entitlements in the form of an amendment to Conditional Use Permit No. 2008-05372 to permit the construction of a 3,591 square foot drive-through McDonald's restaurant in conjunction with a 4,375 square foot commercial building with a 500 square foot outdoor dining area. The amendment to Conditional Use Permit No. 2008-05372 shall be referred to herein after as the "2013 Commercial Entitlements." Following Planning Commission approval, the City Council considered an appeal and thereafter a request for rehearing of the 2013 Commercial Entitlements, which appeal and rehearing request were based, in part, upon the alleged viability of the off-site parking agreement. The City Council denied the appeal and request for rehearing but directed the Planning Commission to reconsider the findings for the original parking variance. Because the findings involving the parking variance date back to conditions imposed upon the original theater complex entitlements, the scope of the Planning Commission's review and the proposed staff recommendations must address all prior entitlements relating to parking the site for the existing uses and the uses approved by the 2013 Commercial Entitlements. Parking Variance: The theater property currently maintains 586 parking spaces including surface spaces and the parking structure. Assuming build-out of the site pursuant to the 2013 Commercial Entitlements, a minimum of 662 parking spaces is required by Code for all uses on the site. However, only 456 parking spaces can be provided on-site following construction of the 2013 Commercial Entitlements, which amounts to 69% of what is required by Code. CONDITIONAL USE PERMIT NO. 2008-05372, CONDITIONAL USE PERMIT NO. 3414 AND VARIANCE NO. 2009-04795 January 13, 2014 Page 4 of 6 The applicant conducted a parking count on the theater property in April, 2013 to determine the current demand for parking at the theater. The counts were taken hourly from 9 a.m. to 9 p.m. on a Friday and a Saturday. During this time, the greatest number of cars parked on the property was 328 at 8 p.m. on a Saturday. The study included this observed demand and added the 85 spaces required by the Code for the McDonald’s and commercial building, for a total anticipated demand of 413 parking spaces. The anticipated demand is 43 spaces less than what would be provided upon completion of the 2013 Commercial Entitlements. It is anticipated that there will be a crossover of patrons between the theater, the McDonald’s and the anticipated restaurants in the commercial building. For this reason, the parking engineer applied the shared parking concept published in the Urban Land Institute’s (ULI) Shared Parking publication. Using the shared parking model further reduces the demand for parking to 370 parking spaces. With the proposed supply of 456 parking spaces there will be a surplus of 86 parking spaces under the shared parking scenario. The ULI Shared Parking publication also identifies seasonal fluctuations in theater usage with the heaviest usage occurring during the summer and holiday months. Because the applicant’s most recent counts were conducted in the month of April, which is considered a comparatively slow month for theater business, the applicant’s parking engineer compared the parking counts from a study prepared for a restaurant expansion at the adjacent Imperial Promenade property. The parking counts for that study were conducted in December, 2011 and also analyzed parking on the theater property. This study indicated that there was a peak use of 244 parking spaces for the theater at 8 p.m. on a Saturday night. In order to assess theater parking demand under current conditions, staff recently visited the theater and Imperial Promenade properties on Veteran’s Day weekend and Thanksgiving Day weekend. During these visits, staff observed a significant number of parking spaces available on both properties. Specifically, on Friday, November 29, 2013 at 8:30 p.m., staff observed 125 vacant spaces in the parking structure and 37 surface parking spaces available on the theater property. On November 18, Veteran’s Day, staff visited the site mid-day and observed that the front parking lot was completely full and approximately half of the parking structure was in use. When this project was approved by the Planning Commission in January 2013, a condition of approval was added at the meeting requiring the property owner to submit a circulation plan to staff demonstrating how the latest development proposal would address traffic and parking congestion on the property. Wayfinding signs were previously approved to direct vehicles to the front of the theater for drop-off and to the parking structure for long term parking. Projecting signs were also approved on the theater building identifying the parking structure location and a digital counter indicating the number of available spaces in the structure. In addition to these improvements, the applicant has worked with staff to identify additional circulation improvements to the property. Based on these discussions and testimony received at the last Planning Commission meeting, staff is recommending the closure of the first opening on the west side of the entry driveway that leads to the theater’s front parking lot. Closure of this opening will eliminate a problematic intersection point and allow cars to move more freely to and from La Palma Avenue without this point of cross traffic. It will also create space to add a few additional parking spaces. Staff also recommends that the southbound exit drive to the signal at La Palma Avenue be painted to delineate two lanes separating turning movements for CONDITIONAL USE PERMIT NO. 2008-05372, CONDITIONAL USE PERMIT NO. 3414 AND VARIANCE NO. 2009-04795 January 13, 2014 Page 5 of 6 eastbound and westbound traffic. Finally, staff recommends that a minimum of 42 parking spaces located within the south parking lot be subject to a maximum 1-hour time limit. This restriction would not apply to any parking spaces reserved for disabled patrons. The 42 spaces represent the demand identified in the parking study for the restaurants during the typical peak hours for the movie theater. This time restriction will allow dining customers to park near the restaurants and encourage theater customers to use the parking structure. Staff has included these recommendations as conditions of approval in the attached draft resolution. The Code requires that certain conditions exist to demonstrate the appropriateness of approving a parking variance. The Code defines these conditions as follows: 1. The variance will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; 2. The variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 3. The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4. The variance will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5. The variance will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The findings in the revised parking study prepared by the applicant, the parking demand observed in December 2011 and the observations by staff on two recent holiday weekends demonstrate that this property will not have fewer parking spaces than are necessary to accommodate the proposed uses; there will not be an increased demand for parking spaces upon the public streets or on adjacent properties because a sufficient number of parking spaces will be provided on the property; upon implementing the recommended conditions of approval, including the closure of a driveway and installing wayfinding signs, there will not be an increase in traffic congestion on the property; and, with the onsite improvements, this project will not impede vehicle access from adjacent properties or upon the nearby public streets. Because this request meets the required findings for the granting of a parking variance, staff recommends modification of the conditions of approval for Variance No. 2009-04795 by substituting the conditions of approval that were included in the approval of Conditional Use Permit No. 2008- 05372, Conditional Use Permit No. 2008-05372A, and Variance No. 2009-04795 with the conditions of approval that are designated as Exhibit B to the draft resolution that is attached to this report. Additionally, staff recommends that Conditional Use Permit No. 3414 be modified to delete Conditions Nos. 28, 29 and 30, which are set forth in the attached Resolution No. 92R- 246 that accompanies this report. CONDITIONAL USE PERMIT NO. 2008-05372, CONDITIONAL USE PERMIT NO. 3414 AND VARIANCE NO. 2009-04795 January 13, 2014 Page 6 of 6 CONCLUSION: Staff recommends approval of the modifications to the aforementioned entitlements, together with the inclusion of certain additional conditions, because the parking analysis and observations have demonstrated that there will be sufficient parking for the proposed use in conjunction with the existing theater complex. Prepared by, Submitted by, Scott Koehm Jonathan E. Borrego Associate Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Project Summary 3. Previous Resolution No. 92R-246 4. Draft Conditional Use Permit Resolution 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. Revised Parking Study 6. Improvement Summary 7. Comments Received 8. Site Plan 9. Photos SP 94-1 (SC)DA5CINEMACITYTHEATER SP 94-1 (SC)DA2CANYONOFFICECENTER SP 94-1 (SC)DA5SERVICE STATION C-G (SC)VACANT SP 94-1 (SC)DA2RELIGIOUS USE SP 94-1 (SC)DA5BANK SP 94-1 (SC)DA5RETAIL C-G (SC)BEST WESTERNANAHEIM HILLS SP 94-1 (SC)DA2CANYONOFFICECENTER SP 94-1 (SC)DA 2INDUSTRIAL SP 94-1 (SC)DA5RETAIL C-G (SC)RETAIL C-G (SC)RETAIL RM-4 (SC)CANYON VILLAGEAPARTMENTS198 DU E LA PALMA AVE N IMPERIAL HWYE ORANGETHORPE AVE ES PE RA NZA RDN VIA BREVEE. LA PALMA AVE N. IMPERIAL H W Y E . S A N T A A N A C ANYO N RDE. ORANGETHORPE AVE E . S A N TA AN A CA NY ON R D 5 6 3 5 East La P alma Avenue D EV No. 2 0 09-00042 A Subject Property APN: 346-281-03 °0 50 100 Feet Aeri al Ph oto :May 20 12 E LA PALMA AVE N IMPERIAL HWYE ORANGETHORPE AVE ES PE RA NZA RDN VIA BREVEE. LA PALMA AVE N. IMPERIAL H W Y E . S A N T A A N A C ANYO N RDE. ORANGETHORPE AVE E . S A N TA AN A CA NY ON R D 5 6 3 5 East La P alma Avenue D EV No. 2 0 09-00042 A Subject Property APN: 346-281-03 °0 50 100 Feet Aeri al Ph oto :May 20 12 ATTACHMENT NO. 2 PARKING SUMMARY Conditional Use Permit No. 2008-05372 Variance No. 2009-04795 Use Required Parking Parking Proposed Movie Theater: 1,838 seats and 13 theaters @ 0.3 spaces/seat and 2 spaces/theater 577 Drive-through fast food restaurant: 3,591 sf @ 10 spaces/1,000 sf 36 Fast-food Restaurant: 4,375 sf @ 10 spaces/1,000 sf 44 Outdoor Dining (fast-food restaurant): 500 sf @ 10 spaces/1,000 sf 5 Total: 662 190 (in structure) 266 (surface) 456 (69% of Code requirement) ATTACHMENT NO. 3 [DRAFT] ATTACHMENT NO. 4 -1- PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING (1) MODIFICATIONS OF THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 3414 RELATED TO A THEATER COMPLEX LOCATED AT 5635 EAST LA PALMA AVENUE, AND (2) MODIFICATIONS OF CONDITIONS OF APPROVAL AND THE ADDITION OF NEW CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2008-05372, CONDITIONAL USE PERMIT NO. 2008-05372A, VARIANCE NO. 2009-04795 RELATED TO A PROPOSED COMMERCIAL RETAIL CENTER LOCATED AT 5635 EAST LA PALMA AVENUE. (DEV2009-00042A) (5635 EAST LA PALMA AVENUE) WHEREAS, on August 17, 1987, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") approved Conditional Use Permit No. 2905 to permit the construction of a 40-foot high multi-screen indoor theater complex with a waiver of the minimum number of parking spaces then required by the Anaheim Municipal Code (herein referred to as the "Code") from 712 to 478 on that certain real property located at 5635 East La Palma Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"). On January 16, 1989, the subject petition was re-advertised for review of revised plans, which were subsequently approved by the Planning Commission to permit a 55-foot high, 2,500 seat multi-screen indoor theater with a waiver of the minimum number of off-street parking spaces then required by the Code from 757 to 526, which represented 80% of the Code-required number of off-street parking spaces; and WHEREAS, by the adoption of its Resolution No. 91-110 on July 29, 1991, the Planning Commission approved Conditional Use Permit No. 3414 (herein referred to as "CUP 3414") to permit the expansion of the aforementioned multi-screen indoor theater complex and to construct a 29-foot high parking structure with 160 parking spaces for the purpose of meeting the Code- required off-street parking requirements. CUP 3414 required that the number of seats in the theater complex would not exceed a number such that the number of off-street parking spaces provided would be less than 80% of the number of parking spaces then required by the Code based upon the number of seats in the theater complex; and WHEREAS, in response to the request of the then petitioner for approval of a revised site phasing plan relating to the delayed construction of the aforementioned parking structure, the Planning Commission adopted its Resolution No. PC92-122 on October 19, 1992, approving the construction of the expansion of the theater complex as Phase I and the construction of the aforementioned parking structure as Phase II so long as the available parking spaces for the theater complex, consisting of both on- and off-site spaces, would at all times comprise 80% of the minimum number of parking spaces then required by the Code for the theater complex. The Planning Commission also added three (3) additional conditions of approval to CUP 3414, -2- PC2014-*** which, among other things, required the petitioner to submit a plan to the City showing the number, location and size of all existing on- and off-site parking spaces together with parking agreements committing off-site parking spaces for use by the theater complex subject to the requirement that the total combined number of spaces would be at least 80% of the minimum then required by the Code for all the seats in the theater and provided that the number of seats in the theater complex would be reduced if the 80% requirement could not be achieved; and WHEREAS, upon appeal of the decision of the Planning Commission contained in its Resolution No. PC92-122, the City Council of the City of Anaheim (herein referred to as the "City Council") adopted its Resolution No. 92R-246 on December 8, 1992, amending CUP 3414 and Planning Commission Resolution No. PC91-110 which had the effect of approving a revised site phasing plan relating to the delayed construction of the aforementioned parking structure and adding the same three (3) conditions of approval that had been added by the Planning Commission by the adoption of its Resolution No. PC91-110, which are set forth herein below as follows: "28. That prior to issuance of a certificate of occupancy for the theater annex: (a) A plan shall be submitted to the Zoning Division of the Planning Department for review and approval, showing the final existing seat counts for each theater in the multi-plex theater complex and the actual number, location and size of all existing on-site parking spaces (the minimum parking space width shall be eight and one half [8-1/2] feet except that where the adjacent driveway aisle is narrower than required by Code and/or City standards, the minimum space width shall be nine [9] feet). Said plan shall have been prepared and certified by a registered architect and/or certified civil engineer as to accuracy (the Planning Department may, by field inspection, verify the accuracy of such plan). Said plan shall show that, including any city-approved off-site parking spaces, the total combined number of spaces is at least eighty percent (80%) of the minimum required by Code for all the seats in the theaters. If the minimum eighty percent (80%) parking ratio has not been achieved, the number of seats in the theaters shall be reduced proportionally and a new plan shall be submitted to the Planning Department for review and approval. (b) Parking agreements shall be obtained by the petitioner for any off-site parking and said agreements shall be submitted to the Zoning Division for review and approval by the City Attorney's office and the City Traffic and Transportation Manager. Any future changes to the seat counts for the theaters and/or number and/or location of required parking spaces shall be submitted to the Zoning Division for further review and approval. 29. That the petitioner shall be responsible for paying the fee for each separate code enforcement inspection conducted by staff for the purpose of verifying that adequate parking is being provided relative to the number of seats in the theaters, based on at least eighty percent (80%) of the minimum number of parking spaces required by Code being provided. -3- PC2014-*** Such inspection(s) may be made monthly until construction of the parking structure (Phase II) is completed and a valid determination can be made as to the adequacy of the available parking. 30. That within a period of six (6) months from the date of this resolution, the Planning Department will submit a "Reports and Recommendation" staff report to the Planning Commission discussing the status of subject multi-plex theater complex: the number of seats in the theaters, the number of parking spaces (both on-site and off-site), whether the parking structure is being constructed, and the status of the Imperial Promenade development construction and its parking availability. The Planning Commission may thereupon schedule a public hearing in connection with the three conditional use permits which include parking waivers for development on subject property (Nos. 2905 and 3414) and on the adjacent commercial retail center to the east (No. 3253). The purpose of such public hearing(s) would be to modify the condition(s) of approval or other aspects of the use permit(s) pertaining to the parking waiver(s). If the purpose of modifying a previously approved conditional use permit is to further reduce the number of proposed parking spaces (that is, increase the parking waiver), it shall be the underlying petitioner's responsibility to file for and pay for such public hearing, and to provide the appropriate traffic and parking studies to support such request." WHEREAS, Conditional Use Permit No. 2905, CUP 3414 and Planning Commission Resolution No. PC91-110, as amended by Resolution No. 92R-246, shall be referred to herein collectively as the "Theater Entitlements"; and WHEREAS, the conditions of approval which were the subject of the Theater Entitlements shall be referred to herein collectively as the "Theater Conditions of Approval" and constitute a part of the Theater Entitlements such that any reference to the Theater Entitlements in this Resolution is deemed and construed to refer to both the Theater Entitlements and the Theater Conditions of Approval; and WHEREAS, pursuant to the Theater Entitlements, the Property was thereafter developed and is currently improved with a 1,795-seat movie theater and 190-space parking structure, which may sometimes be referred to in this Resolution as the "Theater Complex"; and WHEREAS, on December 8, 2009, and subject to certain conditions of approval, the City Council, by its Resolution No. 2009-174, approved Conditional Use Permit No. 2008-05372 and Variance No. 2009-04795 to permit the construction on the Property of a 10,000 square foot commercial retail building with fewer parking spaces than required by the Code; and WHEREAS, on January 14, 2013, and subject to certain conditions of approval, the Planning Commission, by the adoption of its Resolution No. PC2013-004, approved Conditional Use Permit No. 2008-05372A, which operated to amend Conditional Use Permit No. 2008- 05372 and permitted the construction of a 3,591 square foot drive-through restaurant in conjunction with a 4,375 square foot retail building with an outdoor dining area consisting of 500 -4- PC2014-*** square feet. The Planning Commission concurrently approved that portion of Variance No. 2012-04917 that permits the installation of sign cabinets on an existing legal non-conforming freestanding sign at the Property; provided, however, that the Planning Commission denied that portion of Variance No. 2012-04917 that would have permitted the installation of an electronic reader-board sign in place of an existing legal non-conforming freestanding sign at the Property; and WHEREAS, upon appeal of the Planning Commission's action, as evidenced by the adoption of its Resolution No. PC2013-004, and following a noticed public hearing held on March 5, 2013, the City Council adopted its Resolution No. 2013-041, which had the effect of upholding the action of the Planning Commission; and WHEREAS, Conditional Use Permit No. 2008-05372, Conditional Use Permit No. 2008- 05372A, Variance No. 2009-04795 and Variance No. 2012-04917 shall be referred to herein collectively as the "Retail Entitlements"; and WHEREAS, the uses to which the Retail Entitlements relate may sometimes be referred to herein as the "Retail Uses"; and WHEREAS, the conditions of approval which were the subject of Conditional Use Permit No. 2008-05372 and Variance No. 2009-04795 were amended, modified and supplemented by the adoption of Resolution No. 2013-041. Accordingly, the conditions of approval which were the subject of Conditional Use Permit No. 2008-05372, Conditional Use Permit No. 2008-05372A, Variance No. 2009-04795 and Variance No. 2012-04917 shall be referred to herein collectively as the "Retail Conditions of Approval" and constitute a part of the Retail Entitlements such that any reference to the Retail Entitlements in this Resolution is deemed and construed to refer to both the Retail Entitlements and the Retail Conditions of Approval; and WHEREAS, following the adoption of Resolution No. 2013-041 on March 5, 2013 and in response to a request that the City Council rehear Conditional Use Permit No. 2008-05372A and Variance No. 2012-04917, the City Council denied the rehearing request at its regular meeting of April 16, 2013 but directed the Planning Commission to reconsider the findings for the original parking variance granted for the Theater Entitlements and the Retail Entitlements; and WHEREAS, Section 18.60.200 of the Code authorizes the Planning Commission, on its motion or, as is the case here, at the direction of the City Council, to revoke or modify any discretionary land use permit that has been granted pursuant to the Zoning Ordinance on the basis of evidence and testimony submitted at the public hearing, if it finds, among other findings, that "the use or variance for which the approval was granted has not been exercised and that, based upon additional information or due to changed circumstances, the facts necessary to support one or more of the required findings for the original approval of such entitlement . . . no longer exist". The Retail Entitlements have not been exercised as of the date of this Resolution; and WHEREAS, said Section 18.60.200 further authorizes the Planning Commission to modify the Theater Entitlements and/or Retail Entitlements provided that "any such modification, including the imposition of any additional conditions, is reasonably necessary to -5- PC2014-*** protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the permit as granted"; and WHEREAS, said Section 18.60.200 further authorizes the Planning Commission to "change conditions or add new conditions as necessary to correct problems or violations relating to the [Theater Complex and/or Retail Uses] . . . [and/or to] modify conditions or add new conditions to preserve the integrity and character of the zoning district, or to secure the general purposes of the [City's] zoning ordinance and the General Plan"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 16, 2013 and January 13, 2014 at 5:00 p.m., notice of said public hearings 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 related to the direction given by the City Council to the Planning Commission to reconsider the findings for the original parking variance granted for the Theater Entitlements and the Retail Entitlements and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Property is located in the Commercial Area (Development Area 5) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 of the Code; and WHEREAS, under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the City Council finds and determines that the proposed project represented by the Retail Entitlements and modifications to the Theater Entitlements is within that class of projects which consist of the construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 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 petitioner for the Retail Entitlements has requested the elimination of any and all conditions of approval contained in the Theater Entitlements and the Retail Entitlements that required or permitted the use of off-site parking spaces to satisfy the Code- required off-street parking requirements for both the Theater Complex and Retail Uses and, instead, to have the Planning Commission consider whether that certain parking study entitled Parking Study Update for Cinema City, dated November 11, 2013, as prepared by Linscott, Law and Greenspan, Engineers (herein referred to as the "Parking Study"), is sufficient, based upon the operational characteristics of both the Theater Complex and Retail Uses, to satisfy the findings required for the approval of a parking variance in accordance with Section 18.42.110 of the Code; and WHEREAS, based upon the elimination of any and all conditions of approval contained in the Theater Entitlements and the Retail Entitlements that required or permitted the use of off- site parking spaces to satisfy the Code-required off-street parking requirements for both the Theater Complex and Retail Uses and pursuant to the authority conferred upon it by Section 18.60.200 of the Code, 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, does find and determine the following: -6- PC2014-*** SECTION NO. 18.42.040.010 Minimum number of off-street parking spaces: (662 spaces required; 456 spaces proposed) 1. Based upon the justification set forth in the Parking Study, the parking plan for the Property, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the theater and commercial retail uses than the number of such spaces necessary to accommodate all vehicles attributable to the theater and commercial retail uses under the normal and reasonably foreseeable conditions of operation thereof; and 2. The parking plan, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property because all parking will be contained on the Property; and 3. The parking plan, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the theater and commercial retail uses because all parking will be contained on the Property; and 4. The parking plan, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the theater and commercial retail uses. The design for the commercial retail uses will allow adequate on-site circulation for both the commercial retail uses and the theater uses; and 5. The parking plan, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the theater and commercial retail uses. The parking plan is designed to allow adequate on-site circulation for the commercial retail and theater uses. WHEREAS, pursuant to the authority conferred upon it by Section 18.60.200 of the Code, the Planning Commission hereby finds and determines that due to changed circumstances, the facts necessary to support one or more of the required findings for the original approval of the Retail Entitlements no longer exist; and WHEREAS, pursuant to the authority conferred upon it by Section 18.60.200 of the Code, the Planning Commission hereby finds and determines that the modification of the conditions of approval for the Theater Entitlements and the Retail Entitlements and the addition of new conditions of approval for the Retail Uses is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation of the Theater Complex and the Retail Uses under the Theater Entitlements and the Retail Entitlements, as granted, or necessary to correct problems or violations relating to the Theater Complex and/or Retail Uses and to preserve the integrity and character of the zoning district, or to secure the general purposes of the City's Zoning Ordinance and the General Plan; and -7- PC2014-*** WHEREAS, subject to the modifications or changes to the Theater Entitlements and the Retail Entitlements as provided in this Resolution, the Planning Commission desires to confirm and ratify all of the terms, provisions and conditions of the Theater Entitlements and the Retail Entitlements and all of the findings previously made by both the Planning Commission and the City Council with respect to the Theater Entitlements and the Retail Entitlements; and NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ANAHEIM AS FOLLOWS: Section 1. The foregoing recitals are incorporated into this Resolution by this reference and constitute a material part hereof. Section 2. Conditions Nos. 28, 29 and 30 of the Theater Entitlements are hereby deleted in their entirety. Except as expressly modified in this Resolution, the Theater Entitlements and Theater Conditions of Approval shall remain in full force and effect. Section 3. The Retail Conditions of Approval which were the subject of the Retail Entitlements (i.e., Conditional Use Permit No. 2008-05372, Conditional Use Permit No. 2008- 05372A, Variance No. 2009-04795 and Variance No. 2012-04917) are hereby modified by the substitution in their place and stead of the revised conditions of approval attached hereto as Exhibit B and incorporated herein by this reference. Commencing upon the effective date of this Resolution, all references to the conditions of approval in the Retail Entitlements shall be to the revised conditions of approval attached to this Resolution as Exhibit B. Section 4. Subject to the modifications or changes to the Theater Entitlements and the Retail Entitlements as provided in this Resolution, the Planning Commission desires to confirm and ratify all of the terms, provisions and conditions of the Theater Entitlements and the Retail Entitlements and all of the findings, determinations and approvals previously made by both the Planning Commission and the City Council with respect to the Theater Entitlements and the Retail Entitlements are hereby confirmed and ratified; and THE FOREGOING RESOLUTION was adopted at the regular meeting of the Planning Commission of the City of Anaheim held on January 13, 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. ____ CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: ___ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -8- PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 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 13th day of January, 2014. _____________________ SECRETARY, ANAHEIM CITY PLANNING COMMISSION 98984-v2/TReynolds -9- PC2014-*** - 10 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2008-05372A VARIANCE NO. 2009-04795 VARIANCE NO. 2012-04917 (DEV2009-00042A) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 The property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 2 If required, prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 3 If the project has a landscaping area exceeding 2,500 square feet a separate irrigation meter shall be installed in compliance with the Landscape Water Efficiency Guidelines. Public Utilities, Water Engineering 4 A private water system with a separate water service for fire protection and domestic water shall be provided. Public Utilities, Water Engineering 5 All existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities, Water Engineering 6 The owner/developer shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the owner. Public Utilities, Water Engineering - 11 - PC2014-*** 7 The main southbound exit driveway at La Palma Avenue shall be restriped to clearly delineate the left turn lane, and the associated left turn and through-right arrows. The striping shall be shown on plans submitted for building permits. The striping shall be installed prior to first occupancy of the proposed uses. The striping shall be permanently maintained as shown on said plans. Planning Department, Planning Services 8 The southernmost entrance to the parking area south of the theater, as accessed via the main entry driveway from La Palma Avenue, shall be closed and a landscaped planter connecting the existing landscaped planters on either side of the driveway opening shall be installed. This closure and installation of the landscaped planter shall be shown on plans submitted for building permits. Planning Department, Planning Services 9 In the parking lot located south of the theater there shall be a total of 42 parking spaces clearly labeled with a time limitation for parking of 60 minutes. The method for labeling these spaces shall be included on plans submitted for building permits and shall be subject to review and approval by Planning Department staff. Planning Department, Planning Services 10 The items listed in the Improvement Summary included as Attachment No. 5 to the staff report shall be included on plans submitted for building permits. Planning Department, Planning Services GENERAL 11 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 12 Address numbers shall be positioned so as to be readily readable from the street. Number should be illuminated during hours of darkness. Police Department 13 Rooftop address numbers for the police helicopter. Minimum size 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. Police Department 14 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. Police Department 15 “No Trespassing 602(k) P.C.” posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department - 12 - PC2014-*** 16 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. Police Department 17 The applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “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 18 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 19 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 marked Exhibit No. 1 and as conditioned herein. Planning N:\2800\2072889\2889-ltr 11-11-13.docx November 11, 2013 Mr. Daniel Akarakian Cinemas Management, Inc. 315 Rees Street Playa del Rey, CA 90293 LLG Reference: 2.072889.1 Subject: Parking Study Update for Cinema City Anaheim, California Dear Mr. Akarakian: As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Parking Study Update for Cinema City, located in the City of Anaheim. This supplements our prior reports dated September 28, 2007 and July 1, 2009 to address the City’s latest parking study requirements related to the following:  Refinement to reduce the size of the project evaluated in our 2009 study, which was previously 10,000 square feet (SF), and as now proposed, would add 3,591 SF for a McDonalds restaurant, and 4,875 SF (includes 500 SF of outdoor seating) of other fast-food use to the existing 1,838-seat (1,795 regular seats plus 43 wheelchair accessible seats), 13-screen movie theater  Parking implications of not maintaining the license for Cinema City to use 49 spaces in Zone K (parking for the bank that exists east of the primary driveway serving Cinema City and Imperial Promenade, north of La Palma Avenue)  Results of collecting more recent parking demand counts, to update prior counts last conducted in 2009 (initial counts were collected in 2007) This update focuses on evaluating the parking needs for Cinema City only, and does not analyze the adjoining property to the east (Imperial Promenade). The study evaluates the existing parking conditions for Cinema City, calculates the number of Code-required parking spaces, and compares parking demand to the on-site supply to determine any parking surpluses or deficiencies under existing conditions, and future conditions with the project. Briefly, our findings indicate that the incremental parking needs of the project would be adequately met by the future supply, without relying on parking spaces within the easement (Zones J and L), and more specifically, the bank lot (Zone K). Our method of analysis, findings, and conclusions, are described in the following pages. ATTACHMENT NO. 5 Mr. Daniel Akarakian November 11, 2013 Page 2 N:\2800\2072889\2889-ltr 11-11-13.docx PARKING SURVEYS In order to determine the latest existing parking characteristics of Cinema City at various times throughout a typical day, more recent survey of actual parking utilization was conducted on the following days:  Friday, April 26, 2013  Saturday, April 27, 2013 The vehicles parked on-site were counted every hour, beginning at 9:00 AM and ending at 9:00 PM. Figure 1 illustrates the parking zones surveyed on the theater site (Zones A through I, with Zone E as the parking structure), and on the adjoining shopping center site (Zones J through P). Zones A through I correspond to Cinema City’s parking lots (totaling 396 surface spaces), and Zone E is the theater’s existing parking structure. At the time of the surveys, Zone E (i.e., the parking structure on the theater site) was closed. Zones J and L (located east of the primary driveway, just north of La Palma Avenue) consist of 38 existing spaces available for theater site use through an easement, and was therefore included in this study. Although not surveyed as part of this study, Figure 1 also shows Zone K, which is the parking area that serves the existing bank, and where the license for Cinema City to use 49 spaces within that zone may not be maintained. PARKING SUPPLY Table 1 indicates that, based upon a comprehensive inventory of on-site spaces, the existing supply for Cinema City totals 586 spaces, consisting of 396 surface spaces in Zones A through D, and Zones F through I, plus 190 spaces in the parking structure (Zone E). The 190-space parking structure was closed at the time of the field studies, but it will be available prior to project completion. In the future with the completion of the project, the on-site supply for Cinema City would be reduced to 456 spaces. Based on current parking agreements between Cinema City and Imperial Promenade, theater site patrons and employees are allowed to park in Zones J and L, which are located within the shopping center site, and east of the primary driveway, just north of La Palma Avenue (shown on Figure 1), consisting of 38 existing spaces available for theater site use through an easement. Mr. Daniel Akarakian November 11, 2013 Page 3 N:\2800\2072889\2889-ltr 11-11-13.docx Accounting for the additional 38 spaces in the easement, on-site supply for Cinema City could be as much as 624 spaces under existing conditions, and 494 spaces under future conditions with the project. CITY CODE PARKING REQUIREMENTS Table 1 presents the calculation of City Code-based parking requirements for Cinema City. The City Code ratio for movie theaters is 0.3 spaces per seat, plus 2 employee spaces per screen, and the City Code ratio for fast-food restaurants is 10.0 spaces per 1,000 SF. The straight application of City Code parking ratios to the existing movie theater, with 1,838 seats (1,795 regular seats plus 43 wheelchair accessible seats) and 13 screens, yields a Code-based requirement of 577 spaces. Comparing this requirement against the existing 586-space supply results in a surplus of 9 spaces (becomes 47 spaces if easement spaces are accounted for). In addition to the existing movie theater, the proposed project (3,591 SF for McDonalds, plus 4,875 SF of additional fast-food use) would increase the Code-based requirement for Cinema City to a total of 662 spaces in the future. Comparing this 662-space requirement against the future supply of 456 spaces yields a Code-based shortfall of 206 spaces (that deficiency becomes 168 spaces if easement spaces are accounted for). Based on operational data provided by Cinema City, there are at most 10 employees per shift, which reduces the Code requirement of 26 employee spaces to 10 employee spaces. Table 1 shows the results of making this adjustment to the Code calculations. The above supply-versus-Code comparisons are based on the application of City Code ratios, and do not reflect the fact that the 1992 CUP approved lower parking requirements for Cinema City by allowing the application of 80% of the City Code parking rates. The latest 2009 Resolution, which provided the parking variance for Cinema City (based on our 2009 parking study), superseded the 1992 CUP’s parking approach and established a more realistic basis of parking demand compared to straight Code requirements. EXISTING PARKING DEMAND Tables 2 and 3 present the results of the parking demand counts on Friday, April 26, 2013 and Saturday, April 27, 2013, respectively. Tables 1 and 2 indicate the parking supply for each on-site parking area zone, the number of spaces occupied by time of day, the percent occupancy during each observation, and a comparison of the peak demand against supply indicating an existing parking surplus or deficiency. Mr. Daniel Akarakian November 11, 2013 Page 4 N:\2800\2072889\2889-ltr 11-11-13.docx Without accounting for the demand in the easement (Zones J and L) because the vehicles parked in these zones may not be solely attributable to Cinema City, the peak demand of 328 spaces occurred on Saturday at 8:00 PM. These results are consistent with the findings from our prior studies. The observed peak demand of 328 spaces is conservative, based on a comparison against the March 31, 2011 parking study prepared by Pirzadeh & Associates, Inc. for Imperial Promenade. Based on that study, parking counts collected on December 3, 2010 (Friday) and December 4, 2010 (Saturday), resulted in a peak demand of 244 spaces for Cinema City (i.e., number of vehicles parked in Zones A through I, at 8:00 PM on Saturday). The 328-space demand used as basis in our study is 84 spaces (34%) greater than the 244-space demand observed in the Imperial Promenade study. PARKING DEMAND VERSUS SUPPLY Table 1 presents the supply-versus-demand comparisons under existing and future conditions with the project, based on empirical calculations using the 2009 counts, the latest 2013 counts, and the 2013 counts with the concept of Shared Parking. As indicated in Table 1, using the 2009 counts for the movie theater, the future peak demand with the project is estimated to be 406 spaces, which corresponds to a surplus of 50 spaces when compared against the 456-space supply for Cinema City (excludes 38 spaces in the easement and 49 licensed spaces in Zone K). Accounting for both the demand (not solely Cinema City-related) and supply in the easement, the surplus would be increased to 68 spaces. Based on the most recent 2013 counts for the movie theater, the future peak demand with the project would be 413 spaces, which translates to a surplus of 43 spaces when compared against the 456-space supply for Cinema City (excludes 38 spaces in the easement and 49 licensed spaces in Zone K). Accounting for both the demand (not solely Cinema City-related) and supply in the easement, the surplus would be increased to 53 spaces. The above comparisons are conservative because City Code parking ratios were applied directly to the McDonalds and other fast-food components of the project. In reality, the parking spaces would be shared by the movie theater and fast-food restaurants, and these two uses do not achieve their “peak” (100% occupancy) at the same time, as represented in the City Code calculations. By accounting for the Shared Parking concept (through application of the ULI methodology), the bottom portion of Table 1 indicates that the future peak demand with the project would be 370 spaces, corresponding to a surplus of 86 spaces when compared against the 456-space supply for Cinema City (excludes 38 spaces in the Mr. Daniel Akarakian November 11, 2013 Page 5 N:\2800\2072889\2889-ltr 11-11-13.docx easement and 49 licensed spaces in Zone K). Accounting for both the demand (not solely Cinema City-related) and supply in the easement, the surplus would be increased to 96 spaces. The demand-versus-supply comparisons above indicate that the incremental parking needs of the project would be adequately met by the future supply, without relying on parking spaces within the easement (Zones J and L), and more specifically, the bank lot (Zone K). Per ULI’s Shared Parking publication, early December movie ticket sales correspond to 67% of the peak ticket sales occurring in the late December holiday season. Using this movie ticket sales trend to increase the early December 244-space demand observed in the Imperial Promenade study to estimate “absolute peak” parking conditions for Cinema City in late December results in an adjusted demand of 364 spaces, which exceeds our study’s demand basis of 328 spaces by 36 spaces. This 36-space difference could be fully absorbed and offset by the 86 to 96 surplus spaces projected in the future. ULI’s Shared Parking further indicates that movie ticket sales in July (peak month in the summer) comprise 92% of the peak ticket sales occurring in late December. This trend was applied to increase the early December 244-space demand observed in the Imperial Promenade study to estimate parking conditions for Cinema City in July. The adjusted demand reflecting July/summer peak conditions totals 335 spaces, which exceeds our study’s demand basis of 328 spaces by only 7 spaces. This 7- space difference could be fully accommodated within the 86 to 96 surplus spaces projected in our study. Although late December/holiday or July/peak summer parking demand is not an appropriate basis for sizing parking facilities (it represents 100th percentile demand, and solid parking design factors are based on 85th percentile demand), the above comparisons indicate that a greater, late December or July demand could be adequately served by Cinema City’s future supply. RECOMMENDATIONS TO INCREASE UTILIZATION OF PARKING STRUCTURE Development of the project is likely to help increase the utilization of the existing 190-space parking structure on the theater site. Project construction staging areas and the project’s footprint will cause the displacement of parking demand out from Parking Zones A and B and into the parking structure. Requiring theater site employees (including the future employees of the proposed restaurants) to park in the structure, and enhancements to walkways connecting the Mr. Daniel Akarakian November 11, 2013 Page 6 N:\2800\2072889\2889-ltr 11-11-13.docx theater to the parking structure, are some measures that could be implemented to increase the use of the parking structure. Construction of a covered awning attached to the easterly side of the theater between the parking structure and the front entrance to the theater would benefit the use of the parking structure. It is our understanding that improvement modifications to the parking structure have already begun. Providing a more direct pedestrian connection to the parking structure from the theater could also increase the structure’s utilization. This could be accomplished by allowing theater patrons to exit via the existing doorways located on the eastern side of the theater building. These doorways are located closer to the existing parking structure access than the main doorways at the front of the theater, and will make it more convenient for patrons to leave the theater and walk to the parking structure entrance/stairways. Also, the addition of on-site signage for the parking structure could encourage more visitors to park there. Per the City’s recommendation, the theater site will publicize the spaces in the parking structure (e.g., announce when the structure is reopened, offer incentives to its use, provide parking updates on the theater’s website and phone recording), specifically when project construction efforts are commenced. We appreciate the opportunity to provide this update. Please call us with any questions or comments at 949.825.6175. Sincerely, Linscott, Law & Greenspan, Engineers Trissa (de Jesus) Allen, P.E. Senior Transportation Engineer Description Existing (spaces) Future (spaces) Parking Supply Lots (Zones A-D, F-I)396 266 Parking structure (Zone E)190 190 Total (Zones A-I):586 456 Easement (Zones J, L)38 38 Total with Easement: 624 494 City Code Requirements Existing Movie Theater (1,838 seats, 13 screens) @ 0.3 sp per seat, plus 551 551 2 employee sp per screen 26 26 Sub-Total: 577 577 Future McDonalds (3,591 SF) @ 10 sp per 1,000 SF -- 36 Future Fast-Food (4,875 SF) @ 10 sp per 1,000 SF -- 49 Total: 577 662 Supply (w/o easement) Minus Demand 9 (206) With Adjusted Employee Requirement [a]: 25 (190) Supply (w/ easement) Minus Demand 47 (168) With Adjusted Employee Requirement [a]: 63 (152) Empirical Calculation per July 2009 Study Observed Peak Demand for Movie Theater (8:30pm)321 321 Future McDonalds (per Code)--36 Future Fast-Food (per Code)--49 Total: 321 406 Supply (w/o easement) Minus Demand: 265 50 Observed Demand in Easement (8:30pm)20 20 Supply (w/ easement) Minus Demand: 283 68 Empirical Calculation per April 2013 Study Observed Peak Demand for Movie Theater (8:00pm)328 328 Future McDonalds (per Code)--36 Future Fast-Food (per Code)--49 Total: 328 413 Supply (w/o easement) Minus Demand: 258 43 Observed Demand in Easement (8:00pm)28 28 Supply (w/ easement) Minus Demand: 268 53 Empirical + Shared Parking per April 2013 Study Observed Peak Demand for Movie Theater (8:00pm)328 328 Future McDonalds (ULI Shared Parking at 8:00pm)--18 Future Fast-Food (ULI Shared Parking at 8:00pm)--24 Total: 328 370 Supply (w/o easement) Minus Demand: 258 86 Observed Demand in Easement (8:00pm)28 28 Supply (w/ easement) Minus Demand: 268 96 Note: [a] Based on operational data from Cinema City, there are at most 10 employees per shift. The City Code requirement of 26 spaces was adjusted to 10 spaces. PARKING SUMMARY TABLE 1 ATTACHMENT NO. 6 From:Abbott, Robert To:Scott Koehm Subject:FW: Cinema City Development Dispute -- Update for Meeting 1/13/2014 Date:Tuesday, January 07, 2014 5:02:02 PM Mr. Koehm, I remain concerned that the applicant’s proposal is simply too ambitious for the site, without more substantive efforts to mitigate congestion and overflow parking. The existing cinema use fit well with the neighboring retail uses in that the busy hours occurred in the evenings and weekends. The proposed uses will bring competing traffic at the same time as many of the existing businesses. The proposed lot signage and parking time limits will have minor impact without on-site enforcement. Even with a less ambitious proposal, I expected to see mitigation measures, including parking attendants. Left unchecked (and particularly with a time limit), excess parking will simply spill over into the neighboring properties. City planning staff have proposed an alternative means of ingress/egress, closing one of the driveways. The staff report is not clear to me as to how this will work. It does appear that Citi customers may be required to take a circuitous route to and from the bank, so this will need clarification. The applicant’s proposal remains essentially unchanged from the April, 2013 submittal and has not included significant mitigation measures. Therefore, my position remains unchanged. Regards, Robert Abbott Citi Realty Services 201 W. Lexington Dr., 4th Fl. Glendale, CA 91203 (818) 662 -2534 direct ATTACHMENT NO. 7 From:Jonathan Borrego To:Scott Koehm Subject:Fw: McDonalds issue Date:Sunday, October 20, 2013 3:46:51 PM Fyi ----- Original Message ----- From: Robert Lewis [mailto:bobandlinda755@sbcglobal.net ] Sent: Sunday, October 20, 2013 03:33 PM To: Jonathan Borrego Subject: McDonalds issue We are greatly against the proposal for a mcDonalds and Retail center in front of the movie theater. There is already a huge problem with getting in and out of the businesses and movie theater. Bon and Linda Lewis Sent from my iPhone ATTACHMENT NO. 7 10-28-13 5NOTE: NON-EXCLUSIVE PARKING EASEMENT AT ADJACENT CENTER 38 SPACES. IF WEST DRIVE TO FRONT PARKING FIELD IS CLOSED ADDITIONAL 4 SPACES SPACES 1,838 TOTAL SEATING (1,795 SEATS + 43 WHEELCHAIR SPACES) ATTACHMENT NO. 8 ATTACHMENT NO. 9 DEBEIKES INVESTMENT COMPANY 5289 Alton Parkway, Irvine, CA 92604 Tel: 949.7 33.3823 Fax: 949.733.3842 January 10, 2014 Commissioner Peter Agarwal City of Anaheim Anaheim Planning Commission 200 South Anaheim Boulevard Suite 162 Anaheim, CA 92805 Re: Conditional Use Permit No. 2008-05372A; Variance No. 2012-04917 Property Location: 5635 East La Palma Avenue Dear Mr. Agarwal, Over the course of the last two years, many parties have come before you to present testimony and analysis about the proposed development for a McDonald's Drive-thru and additional retail of 4,875 square feet to take place on the front parking lot of the Cinema City site. I would like to take a moment to concisely present to you concerns on behalf of Bayport Imperial Promenade Associates, Owner of Imperial Promenade Shopping Center. In the Staff Report prepared for the December 16, 2013 meeting there is a section, on page 5, which identifies some of the requirements by Code that must be met when considering approval of a parking variance. I would like to specifically address my concerns with Item #3 and Item #5. "The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use." The Cinema, in its current use, has created a material parking issue at the Shopping Center as many movie patrons park for long periods in the spaces located in front of the retail tenants’ storefronts. Ownership has retained the services of on-foot Security Patrol for many years in order to monitor the parking activity so that the retail tenants’ customers have available parking. In 2013 the bills for our security patrolmen exceeded $20,000. Eliminating a significant number of parking spaces located in a place closest to the box office and theater entrance will absolutely increase demand on the parking field located at the Shopping Center as it will become the most convenient and accessible parking location for movie patrons. Additionally, the parking study prepared by the Applicant relies upon full and optimal use of the parking structure’s 190 spaces. There is no historical activity to warrant this assumption to be accurate and true. The Applicant has had ample time to utilize the parking structure and present findings that prove this assumption to be true, but no such presentation exists. I would ask you to reference a letter dated January 10, 2014 by Cynthia Wolcott for additional commentary on this matter. “The variance will not impede vehicular ingress or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.” In a parking study dated December 5, 2012, by Pirzadeh & Associates, an analysis was prepared for the anticipated stacking of vehicles in the left hand turn lane located at the joint access point for the two properties. The analysis anticipates that the additional traffic generated by the proposed project will result in stacking of vehicles that exceeds available capacity by 55 feet during weekdays and 140 feet during weekends. To summarize: The internal intersections between the Cinema site and Shopping Center will be consistently blocked by the stacking of vehicles utilizing the left hand turn lane and causing material internal circulation issues. The Trames traffic study, included in the Applicant’s package, agrees with this forecast. Please refer to the letter written by Cynthia Wolcott for additional comments on this issue. Additionally, there is evidence in the Pirzadeh & Associates parking study that the intersection of La Palma and Imperial Highway is already operating at a ‘Level of Service C & D’ during peak hours throughout the entire week. The Trames traffic study is in agreement with this conclusion and identifies the level of service to be at a C & D based on the site’s existing conditions. The additional trips generated by a development of this scale will have a material impact on the already congested intersection of La Palma and Imperial Highway. As a fellow real estate owner and developer, I can respect an owner’s interest in identifying ways to add value to their property. However, this proposal is not of appropriate size or use when considering the current parking needs and traffic conditions generated by the adjacent properties. I would ask that you seriously consider the practical application of the assumptions made in the Applicant’s proposal. We feel that the proposed project will not meet the requirements defined by Code and that the adjacent Shopping Center’s parking and accessibility will be materially impacted in a negative way. I thank you for your consideration. Sincerely, Brittany DeBeikes DeBeikes Investment Company Agent for Bayport Imperial Promenade Associates, LP CC: Scott Koehm (via email) DEBEIKES INVESTMENT COMPANY 5289 Alton Parkway, Irvine, CA 92604 Tel: 949.7 33.3823 Fax: 949.733.3842 January 10, 2014 Commissioner Paul Bostwick City of Anaheim Anaheim Planning Commission 200 South Anaheim Boulevard Suite 162 Anaheim, CA 92805 Re: Conditional Use Permit No. 2008-05372A; Variance No. 2012-04917 Property Location: 5635 East La Palma Avenue Dear Mr. Bostwick, Over the course of the last two years, many parties have come before you to present testimony and analysis about the proposed development for a McDonald's Drive-thru and additional retail of 4,875 square feet to take place on the front parking lot of the Cinema City site. I would like to take a moment to concisely present to you concerns on behalf of Bayport Imperial Promenade Associates, Owner of Imperial Promenade Shopping Center. In the Staff Report prepared for the December 16, 2013 meeting there is a section, on page 5, which identifies some of the requirements by Code that must be met when considering approval of a parking variance. I would like to specifically address my concerns with Item #3 and Item #5. "The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use." The Cinema, in its current use, has created a material parking issue at the Shopping Center as many movie patrons park for long periods in the spaces located in front of the retail tenants’ storefronts. Ownership has retained the services of on-foot Security Patrol for many years in order to monitor the parking activity so that the retail tenants’ customers have available parking. In 2013 the bills for our security patrolmen exceeded $20,000. Eliminating a significant number of parking spaces located in a place closest to the box office and theater entrance will absolutely increase demand on the parking field located at the Shopping Center as it will become the most convenient and accessible parking location for movie patrons. Additionally, the parking study prepared by the Applicant relies upon full and optimal use of the parking structure’s 190 spaces. There is no historical activity to warrant this assumption to be accurate and true. The Applicant has had ample time to utilize the parking structure and present findings that prove this assumption to be true, but no such presentation exists. I would ask you to reference a letter dated January 10, 2014 by Cynthia Wolcott for additional commentary on this matter. “The variance will not impede vehicular ingress or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.” In a parking study dated December 5, 2012, by Pirzadeh & Associates, an analysis was prepared for the anticipated stacking of vehicles in the left hand turn lane located at the joint access point for the two properties. The analysis anticipates that the additional traffic generated by the proposed project will result in stacking of vehicles that exceeds available capacity by 55 feet during weekdays and 140 feet during weekends. To summarize: The internal intersections between the Cinema site and Shopping Center will be consistently blocked by the stacking of vehicles utilizing the left hand turn lane and causing material internal circulation issues. The Trames traffic study, included in the Applicant’s package, agrees with this forecast. Please refer to the letter written by Cynthia Wolcott for additional comments on this issue. Additionally, there is evidence in the Pirzadeh & Associates parking study that the intersection of La Palma and Imperial Highway is already operating at a ‘Level of Service C & D’ during peak hours throughout the entire week. The Trames traffic study is in agreement with this conclusion and identifies the level of service to be at a C & D based on the site’s existing conditions. The additional trips generated by a development of this scale will have a material impact on the already congested intersection of La Palma and Imperial Highway. As a fellow real estate owner and developer, I can respect an owner’s interest in identifying ways to add value to their property. However, this proposal is not of appropriate size or use when considering the current parking needs and traffic conditions generated by the adjacent properties. I would ask that you seriously consider the practical application of the assumptions made in the Applicant’s proposal. We feel that the proposed project will not meet the requirements defined by Code and that the adjacent Shopping Center’s parking and accessibility will be materially impacted in a negative way. I thank you for your consideration. Sincerely, Brittany DeBeikes DeBeikes Investment Company Agent for Bayport Imperial Promenade Associates, LP CC: Scott Koehm (via email) DEBEIKES INVESTMENT COMPANY 5289 Alton Parkway, Irvine, CA 92604 Tel: 949.7 33.3823 Fax: 949.733.3842 January 10, 2014 Commissioner Mitchell T. Caldwell 902 West Broadway Anaheim, CA 92805 Re: Conditional Use Permit No. 2008-05372A; Variance No. 2012-04917 Property Location: 5635 East La Palma Avenue Dear Mr. Caldwell, Over the course of the last two years, many parties have come before you to present testimony and analysis about the proposed development for a McDonald's Drive-thru and additional retail of 4,875 square feet to take place on the front parking lot of the Cinema City site. I would like to take a moment to concisely present to you concerns on behalf of Bayport Imperial Promenade Associates, Owner of Imperial Promenade Shopping Center. In the Staff Report prepared for the December 16, 2013 meeting there is a section, on page 5, which identifies some of the requirements by Code that must be met when considering approval of a parking variance. I would like to specifically address my concerns with Item #3 and Item #5. "The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use." The Cinema, in its current use, has created a material parking issue at the Shopping Center as many movie patrons park for long periods in the spaces located in front of the retail tenants’ storefronts. Ownership has retained the services of on-foot Security Patrol for many years in order to monitor the parking activity so that the retail tenants’ customers have available parking. In 2013 the bills for our security patrolmen exceeded $20,000. Eliminating a significant number of parking spaces located in a place closest to the box office and theater entrance will absolutely increase demand on the parking field located at the Shopping Center as it will become the most convenient and accessible parking location for movie patrons. Additionally, the parking study prepared by the Applicant relies upon full and optimal use of the parking structure’s 190 spaces. There is no historical activity to warrant this assumption to be accurate and true. The Applicant has had ample time to utilize the parking structure and present findings that prove this assumption to be true, but no such presentation exists. I would ask you to reference a letter dated January 10, 2014 by Cynthia Wolcott for additional commentary on this matter. “The variance will not impede vehicular ingress or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.” In a parking study dated December 5, 2012, by Pirzadeh & Associates, an analysis was prepared for the anticipated stacking of vehicles in the left hand turn lane located at the joint access point for the two properties. The analysis anticipates that the additional traffic generated by the proposed project will result in stacking of vehicles that exceeds available capacity by 55 feet during weekdays and 140 feet during weekends. To summarize: The internal intersections between the Cinema site and Shopping Center will be consistently blocked by the stacking of vehicles utilizing the left hand turn lane and causing material internal circulation issues. The Trames traffic study, included in the Applicant’s package, agrees with this forecast. Please refer to the letter written by Cynthia Wolcott for additional comments on this issue. Additionally, there is evidence in the Pirzadeh & Associates parking study that the intersection of La Palma and Imperial Highway is already operating at a ‘Level of Service C & D’ during peak hours throughout the entire week. The Trames traffic study is in agreement with this conclusion and identifies the level of service to be at a C & D based on the site’s existing conditions. The additional trips generated by a development of this scale will have a material impact on the already congested intersection of La Palma and Imperial Highway. As a fellow real estate owner and developer, I can respect an owner’s interest in identifying ways to add value to their property. However, this proposal is not of appropriate size or use when considering the current parking needs and traffic conditions generated by the adjacent properties. I would ask that you seriously consider the practical application of the assumptions made in the Applicant’s proposal. We feel that the proposed project will not meet the requirements defined by Code and that the adjacent Shopping Center’s parking and accessibility will be materially impacted in a negative way. I thank you for your consideration. Sincerely, Brittany DeBeikes DeBeikes Investment Company Agent for Bayport Imperial Promenade Associates, LP CC: Scott Koehm (via email) DEBEIKES INVESTMENT COMPANY 5289 Alton Parkway, Irvine, CA 92604 Tel: 949.7 33.3823 Fax: 949.733.3842 January 10, 2014 Commissioner Victoria Ramirez 2548 W. Roven Street Anaheim, California 92804 Re: Conditional Use Permit No. 2008-05372A; Variance No. 2012-04917 Property Location: 5635 East La Palma Avenue Dear Ms. Ramirez, Over the course of the last two years, many parties have come before you to present testimony and analysis about the proposed development for a McDonald's Drive-thru and additional retail of 4,875 square feet to take place on the front parking lot of the Cinema City site. I would like to take a moment to concisely present to you concerns on behalf of Bayport Imperial Promenade Associates, Owner of Imperial Promenade Shopping Center. In the Staff Report prepared for the December 16, 2013 meeting there is a section, on page 5, which identifies some of the requirements by Code that must be met when considering approval of a parking variance. I would like to specifically address my concerns with Item #3 and Item #5. "The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use." The Cinema, in its current use, has created a material parking issue at the Shopping Center as many movie patrons park for long periods in the spaces located in front of the retail tenants’ storefronts. Ownership has retained the services of on-foot Security Patrol for many years in order to monitor the parking activity so that the retail tenants’ customers have available parking. In 2013 the bills for our security patrolmen exceeded $20,000. Eliminating a significant number of parking spaces located in a place closest to the box office and theater entrance will absolutely increase demand on the parking field located at the Shopping Center as it will become the most convenient and accessible parking location for movie patrons. Additionally, the parking study prepared by the Applicant relies upon full and optimal use of the parking structure’s 190 spaces. There is no historical activity to warrant this assumption to be accurate and true. The Applicant has had ample time to utilize the parking structure and present findings that prove this assumption to be true, but no such presentation exists. I would ask you to reference a letter dated January 10, 2014 by Cynthia Wolcott for additional commentary on this matter. “The variance will not impede vehicular ingress or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.” In a parking study dated December 5, 2012, by Pirzadeh & Associates, an analysis was prepared for the anticipated stacking of vehicles in the left hand turn lane located at the joint access point for the two properties. The analysis anticipates that the additional traffic generated by the proposed project will result in stacking of vehicles that exceeds available capacity by 55 feet during weekdays and 140 feet during weekends. To summarize: The internal intersections between the Cinema site and Shopping Center will be consistently blocked by the stacking of vehicles utilizing the left hand turn lane and causing material internal circulation issues. The Trames traffic study, included in the Applicant’s package, agrees with this forecast. Please refer to the letter written by Cynthia Wolcott for additional comments on this issue. Additionally, there is evidence in the Pirzadeh & Associates parking study that the intersection of La Palma and Imperial Highway is already operating at a ‘Level of Service C & D’ during peak hours throughout the entire week. The Trames traffic study is in agreement with this conclusion and identifies the level of service to be at a C & D based on the site’s existing conditions. The additional trips generated by a development of this scale will have a material impact on the already congested intersection of La Palma and Imperial Highway. As a fellow real estate owner and developer, I can respect an owner’s interest in identifying ways to add value to their property. However, this proposal is not of appropriate size or use when considering the current parking needs and traffic conditions generated by the adjacent properties. I would ask that you seriously consider the practical application of the assumptions made in the Applicant’s proposal. We feel that the proposed project will not meet the requirements defined by Code and that the adjacent Shopping Center’s parking and accessibility will be materially impacted in a negative way. I thank you for your consideration. Sincerely, Brittany DeBeikes DeBeikes Investment Company Agent for Bayport Imperial Promenade Associates, LP CC: Scott Koehm (via email) DEBEIKES INVESTMENT COMPANY 5289 Alton Parkway, Irvine, CA 92604 Tel: 949.7 33.3823 Fax: 949.733.3842 January 10, 2014 Commissioner John Seymour 725 S. Londerry Lane Anaheim, California 92807 Re: Conditional Use Permit No. 2008-05372A; Variance No. 2012-04917 Property Location: 5635 East La Palma Avenue Dear Mr. Seymour, Over the course of the last two years, many parties have come before you to present testimony and analysis about the proposed development for a McDonald's Drive-thru and additional retail of 4,875 square feet to take place on the front parking lot of the Cinema City site. I would like to take a moment to concisely present to you concerns on behalf of Bayport Imperial Promenade Associates, Owner of Imperial Promenade Shopping Center. In the Staff Report prepared for the December 16, 2013 meeting there is a section, on page 5, which identifies some of the requirements by Code that must be met when considering approval of a parking variance. I would like to specifically address my concerns with Item #3 and Item #5. "The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use." The Cinema, in its current use, has created a material parking issue at the Shopping Center as many movie patrons park for long periods in the spaces located in front of the retail tenants’ storefronts. Ownership has retained the services of on-foot Security Patrol for many years in order to monitor the parking activity so that the retail tenants’ customers have available parking. In 2013 the bills for our security patrolmen exceeded $20,000. Eliminating a significant number of parking spaces located in a place closest to the box office and theater entrance will absolutely increase demand on the parking field located at the Shopping Center as it will become the most convenient and accessible parking location for movie patrons. Additionally, the parking study prepared by the Applicant relies upon full and optimal use of the parking structure’s 190 spaces. There is no historical activity to warrant this assumption to be accurate and true. The Applicant has had ample time to utilize the parking structure and present findings that prove this assumption to be true, but no such presentation exists. I would ask you to reference a letter dated January 10, 2014 by Cynthia Wolcott for additional commentary on this matter. “The variance will not impede vehicular ingress or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.” In a parking study dated December 5, 2012, by Pirzadeh & Associates, an analysis was prepared for the anticipated stacking of vehicles in the left hand turn lane located at the joint access point for the two properties. The analysis anticipates that the additional traffic generated by the proposed project will result in stacking of vehicles that exceeds available capacity by 55 feet during weekdays and 140 feet during weekends. To summarize: The internal intersections between the Cinema site and Shopping Center will be consistently blocked by the stacking of vehicles utilizing the left hand turn lane and causing material internal circulation issues. The Trames traffic study, included in the Applicant’s package, agrees with this forecast. Please refer to the letter written by Cynthia Wolcott for additional comments on this issue. Additionally, there is evidence in the Pirzadeh & Associates parking study that the intersection of La Palma and Imperial Highway is already operating at a ‘Level of Service C & D’ during peak hours throughout the entire week. The Trames traffic study is in agreement with this conclusion and identifies the level of service to be at a C & D based on the site’s existing conditions. The additional trips generated by a development of this scale will have a material impact on the already congested intersection of La Palma and Imperial Highway. As a fellow real estate owner and developer, I can respect an owner’s interest in identifying ways to add value to their property. However, this proposal is not of appropriate size or use when considering the current parking needs and traffic conditions generated by the adjacent properties. I would ask that you seriously consider the practical application of the assumptions made in the Applicant’s proposal. We feel that the proposed project will not meet the requirements defined by Code and that the adjacent Shopping Center’s parking and accessibility will be materially impacted in a negative way. I thank you for your consideration. Sincerely, Brittany DeBeikes DeBeikes Investment Company Agent for Bayport Imperial Promenade Associates, LP CC: Scott Koehm (via email) 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 13, 2014 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004-04844 LOCATION: 611 South Brookhurst Street (CVS Pharmacy) APPLICANT/PROPERTY OWNER: The applicant is Bruce Evans representing CVS Pharmacy and the property owner is Essam Seif. REQUEST: The applicant is requesting to amend a previously-approved conditional use permit by deleting a condition of approval establishing a one-year expiration date for the sales of alcoholic beverages in conjunction with an existing pharmacy. 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 an amendment to Conditional Use Permit No. 2004-04844. BACKGROUND: The project site is developed with a 19,838 square foot CVS Pharmacy in the General Commercial (CG) and Brookhurst Commercial Corridor (BCC) Overlay zones. The site is designated for Low-Medium Density Residential land uses by the General Plan. Surrounding land uses include apartments to the west, commercial and office uses to the south, a church and commercial center to the north across Orange Avenue and a fast food restaurant and commercial center to the east across Brookhurst Street. Prior Entitlement: On June 30, 2004, the Planning Commission approved Conditional Use Permit No. 2004-04844 and Determination of Public Convenience or Necessity No. 2004-00015, permitting the sale of alcoholic beverages for off-site consumption in conjunction with the pharmacy. On August 3, 2004, the City Council considered an appeal and approved the project. On September 19, 2005 and June 12, 2006, as Report and Recommendation items, the Planning Commission reviewed and approved requests for time extensions for the overall project in order to allow the applicant additional time to comply with conditions of approval. The store was built in 2007, however during this time the project changed ownership. The applicant has indicated that the time limitation condition pertaining to the sales of alcoholic beverages for off-site consumption went undetected by new ownership until recently. In order to address this issue, the business owner is requesting the deletion of this condition. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004-04844 January 13, 2014 Page 2 of 2 PROPOSAL: The applicant is proposing to delete a condition of approval establishing a one- year time limit for the sales of alcoholic beverages. ANALYSIS: The Zoning Code requires a conditional use permit to allow the sale of alcoholic beverages in conjunction with retail stores to ensure compatibility with the surrounding land uses. Requests to amend conditions of approval, including time limitations, require review and approval by the Planning Commission and are subject to the same conditional use permit findings. When the original conditional use permit authorizing alcohol sales was approved in 2004, the Planning Commission and City Council determined that alcohol sales would be compatible with surrounding land uses. The initial one-year time limitation was imposed as a means to review the use at a defined point in time to ensure that it remained a compatible use. Staff research indicates that alcohol sales have been taking place at his location for several years without complaint from, or detriment to, the surrounding community. This drug store offers a variety of household, personal and grocery items and the sale of alcoholic beverages is an ancillary use. The Police Department indicates that past calls for service to this location include reports of petty theft and vandalism. The calls for service have been minimal over the past several years and were not related to alcohol sales; therefore, the Police Department does not oppose the deletion of the time limitation. Further, the crime rate within the Police Reporting District in which this property is located has decreased since the original approval of this request, from 85 to 45 percent above the citywide average. CONCLUSION: The request to delete the condition of approval pertaining to the time limitation is appropriate because the sales of alcoholic beverages have been taking place at this location for nearly seven years in a manner that is compatible with the surrounding neighborhood. The sale of alcohol at this location is ancillary to the business’s primary use as a pharmacy and location to purchase general household goods. Staff recommends approval of the applicant’s request. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Letter of 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. City Council Resolution No. 2004-171 5. Site Photographs C-G (BCC)PARKING LOT T (BCC)SFR C-G (BCC)RETAIL C-G (BCC)BROOKHURSTPLAZA INN C-G (BCC)RESTAURANT SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCERM-4EL CORTEZAPARTMENTS65 DU C-G (BCC)RETAIL RS-2SINGLE FAMILY RESIDENCE RM-4SFR C-G (BCC)OFFICES C-G (BCC)MEDICAL OFFICE C-G (BCC)RETAIL TRELIGIOUS USE C-G (BCC)RETAIL C-G (BCC)RETAIL C-G (BCC)RETAIL C-G (BCC)PARKING LOT C-G (BCC)BANK C-G (BCC)OFFICES C-G (BCC)OFFICES C-G (BCC)POLYNESIANMOTEL C-G (BCC)VACANT C-G (BCC)BROOKHURSTMOTELCITY OFCITY OFCOUNTY OFCOUNTY OFO R A N G EORANGE A N A H E I MANAHEIM C-G (BCC)RETAIL S BROOKHURST STW ORA NGE AVE W NIOBE AVE W THERESA AVE S THISTLE RDW CLEARBROOK LN W ORANGE AVE S MARBEYA PLS MILLS ENDW. BALL RD W. BROADWAY S. EUCLID STW. LINCOLN AVE S. MAGNOLIA AVES. BROOKHURST STW. LINCOLN AVE 6 1 1 -6 19 South Brookhu rs t Street D EV No. 2 0 13-00125 Subject Property APN: 127-231-56127-231-59127-231-60 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 S BROOKHURST STW ORA NGE AVE W NIOBE AVE W THERESA AVE S THISTLE RDW CLEARBROOK LN W ORANGE AVE S MARBEYA PLS MILLS ENDW. BALL RD W. BROADWAY S. EUCLID STW. LINCOLN AVE S. MAGNOLIA AVES. BROOKHURST STW. LINCOLN AVE 6 1 1 -6 19 South Brookhu rs t Street D EV No. 2 0 13-00125 Subject Property APN: 127-231-56127-231-59127-231-60 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004- 04844 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00125) (611 SOUTH BROOKHURST STREET) WHEREAS, on August 3, 2004, pursuant to the appeal of the action taken by the Planning Commission of the City of Anaheim (the "Planning Commission") at its regular meeting of June 30, 2004, the City Council of the City of Anaheim, by adoption of its Resolution No. 2004-171, did approve Conditional Use Permit No. 2004-04844 and Public Convenience or Necessity No. 2004-00015 to permit sales of alcoholic beverages for off-site consumption in conjunction with a drug store (herein referred to as the "Original CUP") on that certain real property located at 611 South Brookhurst Street in the City of Anaheim, which is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, City Council Resolution No. 2004-171 contained the following condition of approval: “1. That the sale of alcoholic beverages for off-premises consumption shall expire one (1) year from the date of occupancy.” WHEREAS, on September 19, 2005 and June 12, 2006, as Report and Recommendation items, the Planning Commission reviewed and approved requests for time extensions for the overall project in order to allow the applicant additional time to comply with conditions of approval; and WHEREAS, the Property is approximately 1.08 acres in size and is developed with a 19,838 square foot drug store with sales of alcoholic beverages for off-site consumption that has been operating since 2007; and WHEREAS, the Property is located in and subject to the regulations and development standards of the General Commercial ("C-G") Zone, except as otherwise specified in the Brookhurst Commercial Corridor (BCC) Overlay Zone. The Anaheim General Plan designates the Property for Low-Medium Density Residential land uses; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2004- 04844B") to delete the above-noted condition of approval establishing a one-year time limitation for the sales of alcoholic beverages for off-site consumption (collectively referred to herein as the "proposed project"); and WHEREAS, 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 - 2 - PC2014-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 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 (the "Code"), to hear and consider evidence for and against said proposed amendment to the Original CUP 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 consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, 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 pertaining to the request for an amendment to the Original CUP to delete a condition, does find and determine the following facts: 1. The proposed amendment of the Original CUP to delete a condition of approval pertaining to a time limitation for the sales of alcoholic beverages for off-site consumption at an existing drug store is properly one for which a conditional use permit is authorized by Section 18.08.030 (Uses) of the Zoning Code; and 2. The proposed amendment to the Original CUP would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the sales of alcoholic beverages is consistent with the existing operational characteristics of the drug store. Further, the drug store has operated with the sales of alcoholic beverages for over six years and this approval includes additional conditions of approval that will serve to reduce criminal activity on the property. 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 either the particular area or health and safety general welfare of the public because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. Moreover, the Property is currently developed with a drug store with no proposed expansion of the existing building; and 4. The proposed amendment to the Original CUP will have no effect upon traffic generated by the existing drugstore and will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. Deletion of the time limitation for the sales of alcoholic beverages for off-site consumption will not result in an increase in the existing volume of traffic. In addition, the number of vehicles entering and exiting the Property is consistent with typical retail businesses that are permitted as a matter of right within the General Commercial (C-G) Zone; and 5. The granting of the amendment to the Original CUP under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will maintain a land use that is compatible with the surrounding area. - 3 - PC2014-*** NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2004-04844B, thereby amending the Original CUP. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety and, therefore, reflect the amendment and restatement of the Prior Conditions of Approval and the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations 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 Conditional Use Permit No. 2004-04844B 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 January 13, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: ___ SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 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 13th day of January, 2014. _____________________ SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004-04844 (CONDITIONAL USE PERMIT NO. 2004-04844B) (DEV2013-00125) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Code Enforcement 2 No display of beer, wine, and/or distilled spirits shall be located outside of the building located on the Property or within five feet of any public entrance to said building. Police 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 beer, wine, and/or distilled spirits. Interior displays of beer, wine, and/or distilled spirits or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police 4 The area of beer, wine, and/or distilled spirit displays shall not exceed 25% of the total display area in the building occupying the Property. Police 5 Sale of beer, wine, and/or distilled spirits shall be made to customers only when the customers are inside the building at the Property. Police 6 The possession of beer, wine, and/or distilled spirits in open containers and the consumption of beer, wine, and/or distilled spirits are prohibited on or around the property. Police 7 The business owner shall police the area under their control to prevent loitering on the property. Police 8 There shall be no amusement machines, video game devices, or pool tables maintained at, in or upon the building located on the property at any time, unless all required permits are first obtained from the City. Police - 7 - PC2014-*** 9 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be maintained 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 10 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 11 There shall be no public telephones on the property that are located outside the building and within the control of the applicant. Code Enforcement 12 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 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. Code Enforcement 14 The property shall be maintained substantially in accordance with plans and specifications submitted to and approved by the Anaheim City Council on August 3, 2004, and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 5, and as conditioned herein. Planning 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. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 13, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05705 LOCATION: 2410 East Katella Avenue (The Shops at Stadium Towers) APPLICANT/PROPERTY OWNER: The applicant is Daniel Bradley and the property owner is Starmont Shops at Stadium Towers, LLC. REQUEST: The applicant is requesting approval of a conditional use permit to allow beer and wine sales for on-premises consumption in conjunction with a proposed restaurant within an existing commercial center. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2013-05705. BACKGROUND: The 2.39-acre project site is developed with two freestanding commercial buildings and a freestanding restaurant in the General Commercial (C-G) and Platinum Triangle Mixed-Use (PTMU) Overlay zones. The site is designated for Mixed-Use land uses by the General Plan. Surrounding land uses include offices to the south, west and north across Katella Avenue and the SR-57 freeway to the east. PROPOSAL: The applicant proposes to serve beer and wine in conjunction with a proposed 1,580 square foot restaurant. The applicant plans only tenant improvements within the building. The restaurant would operate seven days per week from 11:00 a.m. to 12:00 a.m. ANALYSIS: The Zoning Code requires that specific findings be made prior to approval of a conditional use permit. The complete findings are included in the attached draft resolution. A summary of the project’s compliance with the required findings is provided below. The sale of beer and wine in conjunction with a restaurant at this location is subject to the approval of a conditional use permit 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. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2013-05705 January 13, 2014 Page 2 of 2 This site is within Census Tract No. 863.03 which has a population of 6,212. Based on the size of the population, seven on-sale licenses are allowed in this census tract and there are 20 licenses existing. The proposed restaurant would be the 21st on-sale license in the census tract. Three off-sale licenses are also allowed in this census tract, and currently there are four such licenses. There are presently three other restaurants with on-sale alcohol licenses within the commercial center. The proposed restaurant with on-sale beer and wine service would be compatible with the surrounding area which primarily consists of office, retail and entertainment uses. The Anaheim Police Department has reviewed this request and does not oppose the project subject to the recommended conditions of approval. This location is within Police Reporting District 2028. This district is below the city average in crime. Within a one-quarter mile radius of this location, the crime rate is also below the city average. The recommended conditions of approval require the applicant to submit the business’s proposed security measures to the Police Department prior to commencement of beer and wine service, including the provision of adequate lighting, security alarm/cameras and other operational restrictions to prevent any impacts on surrounding uses. The combined parking required for the proposed use and all other uses on site is 180 parking spaces and 180 spaces are provided. The site provides 122 spaces on-site and another 58 spaces are provided on the adjacent Stadium Towers property per a shared parking agreement between the two properties. Therefore, ample parking is available to accommodate the proposed restaurant and the existing businesses on the property. CONCLUSION: The request to permit beer and wine service in conjunction with a restaurant would complement existing nearby businesses and entertainment venues. The recommended conditions of approval will ensure that the sale of alcohol will be compatible with surrounding land uses. Staff recommends approval of this request. Prepared by, Submitted by, Andy Nogal Jonathan E. Borrego Associate Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Letter of Operation 4. Police Department Memorandum The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Site Photographs 6. Architectural Plans (Site and Floor Plans) C-G (PTMU)KatellaBUSINESS PARK I (PTMU)SERVICE STATION O-H (PTMU)OFFICES I (PTMU)AUTO REPAIR/SERVICE ISTADIUM PLAZABUSINESS PARK O-L (PTMU)KatellaVACANT O-L (PTMU)KatellaSTADIUM TOWER PLAZAOFFICE BLDG. O-L (PTMU)KatellaSTADIUM TOWER PLAZAOFFICE BLDG. ISTADIUM PLAZABUSINESS PARK IINDUSTRIAL PR (PTMU)StadiumANGEL STADIUMOF ANAHEIM IINDUSTRIAL 57 FREEWAY57 FREEWAYE KATELLA AVES SINCLAIR ST E HOWELL AVE E. KATELLA AVES. LEWIS STE. CERRITOS AVE E. ORANGEWOOD AVES. STATE COLLEGE BLVDS. SUNKIST STS. DOUGLASS RDE. GENE AUTRY WAY 2 4 1 0 East Kate lla Aven ue D EV No. 2 0 13-00111 Subject Property APN: 253-532-13253-532-09 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 57 FREEWAY57 FREEWAYE KATELLA AVES SINCLAIR ST E H O W ELL AVE E. KATELLA AVES. LEWIS STE. CERRITOS AVE E. ORANGEWOOD AVES. STATE COLLEGE BLVDS. SUNKIST STS. DOUGLASS RDE. GENE AUTRY WAY 2 4 1 0 East Kate lla Aven ue D EV No. 2 0 13-00111 Subject Property APN: 253-532-13253-532-09 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05705 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00111) (2410 EAST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Conditional Use Permit No. 2013-05705 to permit the sale and on-site consumption of beer and wine in conjunction with a proposed restaurant within an existing building located in a commercial center at 2410 East Katella Avenue in the City of Anaheim, County of Orange, State of California. The location of the commercial center is 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 2.39-acres, is developed with a with two freestanding commercial buildings measuring 14,942 square feet and a freestanding restaurant measuring 6,800 square feet. The Anaheim General Plan designates the Property for Mixed-Use land uses. The Property is subject to the zoning and development standards of the General Commercial ("C-G") Zone as set forth in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"), except as otherwise specified in the Platinum Triangle Mixed-Use (PTMU) Overlay Zone set forth in Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 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 for and against said proposed conditional use permit 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 WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit beer and wine service for on- premises consumption in conjunction with a proposed restaurant within an existing commercial center does find and determine the following facts: - 2 - PC2014-*** 1. The request to permit beer and wine service for on-premises consumption in conjunction with a proposed restaurant within an existing commercial center in the General Commercial (“C-G”) Zone and Platinum Triangle Mixed-Use (PTMU) Overlay Zone is properly one for which a conditional use permit is authorized by Section 18.08.030.010 (Alcoholic Beverage Sales On-Sale) of the Code; 2. The request to permit beer and wine service for on-premises consumption in conjunction with a proposed restaurant would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the property is currently developed with a commercial center and the proposed use is compatible with the surrounding area; and 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 improved with a commercial center and there is no proposed expansion; and 4. The traffic generated by the proposed restaurant would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site are consistent with the existing commercial use site and the permitted businesses within the commercial center; 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 because the subject site is a commercial center which allows restaurant businesses and the restaurant is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05705 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 a portion 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 January 13, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: ___ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 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 13th day of January, 2014. _____________________ SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05705 (DEV2013-00111) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO FINAL OCCUPANCY 1 The premises shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: perimeter building and access route protection and high valued storage areas within 120 days of this permit. A Burglary/Robbery Alarm Permit application must be completed, Form APD 516, and return it to the Police Department prior to initial alarm activation within 120 days of this permit. 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 2 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised and any rear utility doors. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece within 120 days of this permit. Police Department GENERAL CONDITIONS 3 There shall be no admission fee, cover charge, or minimum purchase required. Police Department 4 At all times when the premises is open for business, the premises 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 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 6 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 - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 7 There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits for a “special event” have been obtained from the City of Anaheim. 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 9 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 by excessive noise created by patrons entering or leaving the premises. Police Department 10 Windows of restaurant shall not be covered by advertising to the extent that the interior is not clearly visible from the outside to enable officers responding to potential emergency situations to observe any activity which may be occurring inside. Police Department 11 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 12 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 Indemnitees 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 13 The portions of this property under control of the business owner shall be permanently maintained in an Code Enforcement - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY orderly fashion through the provision of regular landscaping maintenance, removal of trash and/or debris. 14 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. Police/ Planning Department 15 All activities related to the use shall occur indoors, except as may be permitted by an authorized Special Event Permit. Code Enforcement 16 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 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 18 The restaurant shall be operated in accordance with the Letter of Operation submitted as part of this application. Any changes to the business operation as described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. Planning Department 19 The premises shall be developed substantially in accordance with plans and specifications submitted to and reviewed and approved by the City of Anaheim, which plans are on file with the Planning Department marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). Planning Department Justification For Conditional Use Permit Planning Department: Planning Services Division City Of Anaheim This letter is pertaining to the following business and location: Bradley Restaurant and Bar Corp. Calivino Wine Pub (DBA) C/O: Daniel Bradley 2410 East Katella Avenue Anaheim, CA 92806 To Whom It May Concern: The proposed use for 2410 E Katella Ave is a restaurant, which will be serving fine wines, craft beer, and quality foods. This is an existing structure, within an entertainment hub of Orange County. The surrounding area has sporting events, concert venues, and restaurants. Calivino Wine Pub will be a healthy compliment to an already well-situated area. The Planning Counter has verified proper zoning for this business. The operating hours will be 11am to 12am(midnight) 7 days a week. Staff during operating hours will consist of 4 servers and 1 cook, including myself. This will make a total of 5 people on staff at any given time. 2410 E Katella Ave is approximately 1580 square feet. This is ample space for the estimated housing for 60 guests. The storefront curb area is large, and can hold any foot traffic the business generates without impeding parking lot traffic. Residential areas in the vicinity are more than 500 feet from the site. Currently there is ample parking for existing businesses and, additional traffic will not be a concern due to differing operating hours. Comerica Bank, Subway, Rubio’s, and the neighboring office buildings will be closed or closing at the time of peak operating hours. Additionally, most of the businesses in this area such as Rubio’s and Subway are fast service places, requiring short-term parking for patrons. Growth of the business will be remedied through in store renovations. The current floor plan will offer spacious lounge seating, high top tables, and bar seating. This floor plan allows for additional future seating, thus no exterior renovations will be undertaken. The growth of the business will not impact the surrounding area. All food and beverage service will adhere to strict guidelines, and remain beyond reproach of those outlined by the county, city, and state. There will also be strict guidelines to maintain the cleanliness of the restaurant. The latest closing time for the proposed business will be Midnight (12am). This will alleviate safety concerns, as customers will not be able to drink during typical bar hours. Calivino’s atmosphere will be calm with ambient music played low enough to converse. There will be no dancing, and no hard liquor served. Safety will be the upmost concern of the staff and servers will be trained to be conscious of alcohol consumption. Please contact Daniel Bradley at Daniel@BradleyRBC.com, 909-576-8128, if there are any additional questions. Thank you for your consideration. ATTACHMENT NO. 3 ATTACHMENT NO. 4 Subject Site –Looking Southerly Subject Site –Looking Northerly ATTACHMENT NO. 5 Subject Site –Building Subject Site –Tenant Space Subject Site –Tenant Space Looking Westerly Subject Site –Looking Southerly Subject Site –Other Commercial Building Subject Site –Interior of Site Subject Site –Side of Bank and ATM Parking Area Parking Area Parking Area Hooter’s Outdoor Seating Subject Site -Hooter Restaurant Zito’s Outdoor Seating Subject Site –Zito’s Restaurant Subject Site-Rubio’s Restaurant Rubio’s Outdoor Seating Property to the West Property to the North across Katella Property (57 FWY) to the East Property to the South Property to the Northwest Corner ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 13, 2014 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 2092 LOCATION: 400 South Euclid Street APPLICANT/PROPERTY OWNER: The applicant is Julissa Fontes and the property owner is Zachary Sham. REQUEST: The applicant is requesting to amend a previously-approved conditional use permit to permit a banquet facility with sales of alcoholic beverages in conjunction with an existing restaurant. 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. 2092A. BACKGROUND: The project site is developed with a 6,038 square foot restaurant in the General Commercial (C-G) zone. The site is designated for Corridor Residential land uses by the General Plan. Surrounding land uses include apartments to the east, commercial businesses to the north and south and single family homes to the west, across Euclid Street. Previous Entitlement: In 1980, the Planning Commission approved Conditional Use Permit No. 2092, permitting the sale of beer and wine for on-premises consumption within an existing restaurant. PROPOSAL: The applicant is proposing to establish a banquet facility in conjunction with an existing restaurant and to upgrade a Type 41 (On Sale Beer & Wine – Eating Place) license issued by the State of California Department of Alcoholic Beverage Control (ABC) to a Type 47 (On Sale General – Eating Place) license, which would permit the sale and consumption of beer, wine and distilled spirits. The primary use of the building would continue to be that of a full-service restaurant; however, the business owner seeks the ability to close the restaurant on occasion to host private banquet events. The proposed operating hours of the restaurant and banquet facility are from 8 a.m. to 2 a.m., seven days a week. CONDITIONAL USE PERMIT NO. 2092A January 13, 2014 Page 2 of 3 ANALYSIS: The Zoning Code requires a conditional use permit to authorize banquet facilities and the sale of alcoholic beverages for on-site consumption in order to ensure compatibility with the surrounding land uses. The Zoning Code also requires that specific findings be made prior to approval of a conditional use permit. The complete findings are included in the attached draft resolution. A summary of the project’s compliance with the required findings is provided below. A determination of public convenience or necessity is not required for restaurants or banquet facilities serving alcoholic beverages. The site contains a total of 50 parking spaces and the facility, when utilized as a restaurant, requires 48 spaces. The applicant indicates that the banquet events would be limited to no more than 100 attendees. When the facility is utilized as a banquet facility, for up to 100 patrons, the parking requirement is 31 spaces based on an assumed 3.185 patrons per car, which is consistent with the parking standard used for other banquet facilities throughout the city. In addition, the restaurant and banquet facility will have up to 10 employees on site during peak event periods for a total demand of 41 spaces for the banquet facility. In addition, the restaurant shares parking with the commercial property to the north which is under common ownership. This property has an extensive, under-utilized parking area behind the retail building and adjacent to this restaurant. This parking area would be available for banquet or restaurant patrons during all hours of operation. Therefore, there is ample parking available to accommodate both the restaurant and banquet facility uses on the site. A condition of approval has been included in the draft resolution requiring that the restaurant and banquet operations not operate simultaneously. A condition of approval limiting banquets to no more than 100 attendees is also included. As worded, this limit may be modified by staff if the applicant can demonstrate that adequate parking can be provided. The Anaheim Police Department indicates that this property is located within Census Tract No. 871.05 which has a population of 4,635. This census tract allows for five on-sale licenses and presently there are three licenses within the tract; however, there is no additional license being added as part of the request since the restaurant currently maintains a beer and wine license. This location is within Reporting District 1722 which is 33 percent above the city average in crime. As detailed in the attached Police Department memorandum, the crime rate within ¼ mile of this property is 40 percent above the city average. The calls for service within the surrounding area were primarily related to petty theft, simple assault, and theft from vehicle and commercial burglaries. These calls were not related to this restaurant. There are no outstanding Code Enforcement violations associated with the subject property. The recommended conditions of approval include conditions that require the applicant to submit a security plan to the Police Department prior to commencement of banquet events. CONDITIONAL USE PERMIT NO. 2092A January 13, 2014 Page 3 of 3 CONCLUSION: This site has operated as a restaurant, including alcohol sales, for several years in a manner that is compatible with the surrounding area. The requested alcohol license upgrade and addition of banquet services is consistent with the property’s commercial zone designation which is intended to support a variety of commercial uses that support the surrounding community. Staff recommends approval of the requested amendment to the conditional use permit, subject to recommended conditions of approval contained in the attached draft resolution. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Letter of Operation/Justification 4. Police Department Memorandum The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Site and Floor Plans 6. Site Photographs C-GRESTAURANT C-GOFFICES C-GOFFICES RM-4CASA FORTIN APARTMENTS88 DU C-GRETAIL C-GOFFICES C-GMEDICALOFFICE C-GRESTAURANTRS-2SINGLE FAMILY RESIDENCEC-GSERVICESTATION C-GRETAIL C-GOFFICES TLOARAELEMENTARY SCHOOL RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCEC-GSERVICESTATION C-GRELIGIOUSUSE C-GMEDICAL OFFICE C-GSERVICESTATION TNURSING HOME RM-4LE CHATEAU APTS77 DU C-GRETAIL RM-4BELAGE MANOR APARTMENTS180 DU C-GRETAIL RS-2SINGLE FAMILY RESIDENCES EUCLID STW BROA DWAY S FALCON STS ARDEN STW TED MAR AVE W. BALL RD W. LINCOLN AVE W. BROADWAY S. EUCLID STS. BROOKHURST STS. WALNUT STS. M A N C H E S T E R A V EN. EUCLID ST4 0 0 South Euclid Street D EV No. 2 0 13-00068 Subject Property APN: 250-051-03 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 S EUCLID STW BROA DWAY S FALCON STS ARDEN STW TED MAR AVE W. BALL RD W. LINCOLN AVE W. BROADWAY S. EUCLID STS. BROOKHURST STS. WALNUT STS. M A N C H E S T E R A V EN. EUCLID ST4 0 0 South Euclid Street D EV No. 2 0 13-00068 Subject Property APN: 250-051-03 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2092 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00068) (400 SOUTH EUCLID STREET) WHEREAS, on June 30, 1980, and subject to certain conditions of approval, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission"), by its Resolution No. PC80-106, did approve Conditional Use Permit No. 2092 to permit on-site sales and consumption of beer and wine within an existing restaurant (herein referred to as the "Original CUP") on that certain real property located at 400 South Euclid Street in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Planning Commission did receive a verified petition to amend the Original CUP to permit a banquet facility in conjunction with an existing restaurant and to change the existing Type 41 (On Sale Beer and Wine – Eating Place) license issued by the State of California Department of Alcoholic Beverage Control ("ABC") to a Type 47 (On Sale General – Eating Place) license, which latter license will allow for the sale of beer, wine and distilled spirits for consumption on the premises at the Property; and WHEREAS, this Property is approximately 1.35 acres in size and is currently developed with an existing restaurant. The Property is located in and subject to the regulations and development standards of the General Commercial (C-G) Zone, except as otherwise specified in the Brookhurst Commercial Corridor (BCC) Overlay Zone. The Anaheim General Plan designates this Property for Corridor Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 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 Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against said proposed amendment to the Original CUP 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. The inclusion of banquet facilities and the sales of alcoholic beverages within this existing restaurant is an example of a type of project that involves no expansion of an existing land use. Therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - 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 pertaining to the request for an amendment to the Original CUP, does find and determine the following facts: 1. The proposed amendment of the Original CUP to permit a banquet facility within an existing restaurant and to change the existing Type 41 (On Sale Beer and Wine – Eating Place) to a Type 47 (On Sale General – Eating Place) that will permit the on-site sale and consumption of beer, wine and distilled spirits within an existing restaurant building in the Commercial General (C-G) Zone is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and 2. The requested amendment of the Original CUP to allow a banquet facility within an existing restaurant and to change the ABC license from the existing Type 41 (On Sale Beer and Wine – Eating Place) license to a Type 47 (On Sale General – Eating Place) license 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 all activities will be conducted inside the building; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a restaurant building and there is no proposed expansion of the existing building; 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 and there is adequate parking on-site to accommodate the use; 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. BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve an amendment to Conditional Use Permit No. 2092 (Conditional Use Permit No. 2092A) to permit a restaurant/banquet facility and to permit the sales of beer, wine and distilled spirits on property located at 400 South Euclid Street, 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 subject Property in order to preserve the safety and general welfare of the citizens of the City of Anaheim. 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 this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations 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 approval of Conditional Use Permit No. 2092A 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 January 13, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: ___ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 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 13th day of January, 2014. ______________________ SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2092A AMENDMEMT TO CONDITIONAL USE PERMIT NO. 2092 (DEV2013-00068) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO COMMENCEMENT OF THE BANQUET FACILITY 1. A security plan must be submitted to the Police Department for review and approval prior to the operation of the banquet facility. Police Department 2. A Burglary/Robbery Alarm Permit application, Form APD 516,shall be completed and returned 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 3. Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. Police Department 4. The building shall be equipped with a comprehensive security alarm system (silent or audible) for the perimeter building, access route protection and high valued storage areas. Police Department 5. All exterior doors shall have adequate security hardware, e.g. deadbolt locks. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. Police Department 6. Exterior, full cut-off, wall packs shall be included on the exterior of the structure to illuminate the area immediately surrounding the building. Police Department 7. 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 8. “No Trespassing 602(k) P.C.” shall be posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 9. All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owner’s/manager’s request. Police Department GENERAL CONDITIONS 10. The restaurant/banquet facility shall be limited to a maximum of 100 patrons. This limitation may be modified by staff should the applicant demonstrate that adequate parking can be provided. Planning Department, Code Enforcement Division 11. The restaurant may not be utilized by the general public during banquet events. Planning Department, Code Enforcement Division 12. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 13. 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 14. There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 15. 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 16. 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 - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 17. Whenever a banquet or event is being held, security personnel must be present both inside and outside the business, roaming the parking lot, to ensure that noise levels remain low and do not disturb the nearby residential neighborhood. Police Department 18. The operation of any business under this permit shall not be in violation of any provision of the Anaheim Municipal Code, State or County ordinance. Police Department 19. No minor under the age of sixteen (16) years shall be allowed to attend the dance or event, unless accompanied by a parent or guardian. Police Department 20. The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. Police Department 21. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 22. All employees shall be clothed in such a way as to not expose “specified anatomical areas” as described in Section 7.16.060 of the Anaheim Municipal Code. Police Department 23. The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. Police Department 24. The business owner/operator shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police Department 25. The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 26. The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. Police Department 27. 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. This location shall not be operated as a night club. Police Department 28. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, Planning Department, - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 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 Services Division 29. 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 30. The property shall be developed substantially in accordance with plans and specifications submitted to and reviewed by the City of Anaheim and which plans are on file with the Planning Department and as conditioned herein. Planning Department, Planning Services Division ATTACHMENT NO. 3 November 21, 2013 Las Palomas Restaurant 400 S. Euclid Street Anaheim, CA 92802 Re: Parking Letter - Shared Parking Lot and Spaces Las Palomas restaurant is located on 400 S. Euclid St., Anaheim. This restaurant shares parking spaces with the parcel to the north, which creates additional parking spaces for customers at this restaurant during our peak parking demand periods. The restaurant building and adjacent shopping center are owned by one party and the owner of the property owner authorizes restaurant parking on both parcels. The restaurant site has 50 parking spaces and the commercial center has 66 for a total of 116 spaces. The businesses in the commercial center are typically closed by 6 p.m. and our hours of operation extend until 2 a.m. when necessary to accommodate events. Parking for the restaurant would be adequate because banquets would not exceed 100 patrons. We anticipate at least 3 patrons per car for banquet events and the restaurant site has 50 parking spaces which is adequate parking for the restaurant and banquet events. In addition, if ever needed for overflow parking, we are permitted to use parking in the commercial center to the south. We believe parking is adequate for continued restaurant use and for future banquet events. If there are any concerns please feel free to contact me anytime at your convenience. Sincerely, Julissa Fontes City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: Vanessa Norwood/Planning Department Case No.: DEV 2013-00068 La Palomas Restaurant 400 S. Euclid Street Date: July 25, 2013 From: Lieutenant Steve Davis 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: The Police Department has received an I.D.C. Route Sheet for DEV 2013-00068. The applicant is requesting to upgrade an existing Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control license to a Type 47 (On Sale General) license for an existing restaurant. The location is in Census Tract Number 871.05 which has a population of 4,635. This population allows for 5 on sale Alcoholic Beverage Control licenses and there are presently 3 licenses in the tract. It also allows for 2 off sale licenses and there is presently 1 license in the tract. This location is within Reporting District 1722 which is 33% above the city average in crime. There have been 13 calls for service to this location in the last year and the calls consisted of: 7 patrol check, 1 petty theft, 3 suspicious subject, 1 car fire and 1 trespass. The ¼ mile radius surrounding this location is 40% above the city average in crime. The calls for service primarily consisted of: 16 petty theft, 14 simple assault, 10 theft from vehicle and 10 commercial burglaries. General Development Standards and Fees (the following standard development requirements are being provided to assist with project planning): 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. RECOMMENDED CONDITIONS OF APPROVAL: ATTACHMENT NO. 4 The Police Department requests the following conditions be placed on the Conditional Use Permit: No. Timing Condition Responsible Department 1. 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 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. There shall be no admission fee, cover charge, nor minimum purchase required. 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. 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 7. 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 8. Whenever a banquet or event is being held, security personnel must be present both inside and outside the business, roaming the parking lot, to see that noise levels remain low and do not disturb the nearby residential neighborhood. Police Department 9. The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 10. The operation of any business under this permit shall not be in violation of any provision of the Anaheim Municipal Code, State or County ordinance. (Section 4.16.100.010 Anaheim Municipal Code) Police Department 11. The number of persons attending the event 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. (Section 25.114(a) Uniform Fire Code) Police Department 12. The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code) Police Department 13. No minor under the age of sixteen (16) years shall be allowed to attend the dance or event, unless accompanied by a parent or guardian. (Section 4.16.060.010 Anaheim Municipal Code) Police Department 14. The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim Municipal Code) Police Department 15. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 16. All employees shall be clothed in such a way as to not expose “specified anatomical areas” as described in Section 7.16.060 of the Anaheim Municipal Code. Police Department 17. The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code) Police Department 18. Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. (Section 4.16.100.010 Anaheim Municipal Code) Police Department Concur: Office of Chief of Police f:\home\mmirwin\2013-00068 DEV 400 S Euclid La Palomas.doc 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. 6 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 13, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05717 AND VARIANCE NO. 2012-04916 LOCATION: 513-1/2 South Brookhurst Street (Dalati Plaza) APPLICANT/PROPERTY OWNER: The applicant is Mr. Omar Khoja and the property owner is Bill Dalati. REQUEST: The applicant is requesting approval of a conditional use permit to allow an outdoor smoking lounge in conjunction with an existing restaurant in a commercial building located less than 200 feet from a residential zone and less than 1,000 feet from a school. The applicant is also requesting approval of a variance to allow the proposed use with fewer parking spaces than required by Code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2013-05717 and Variance No. 2013-04916. BACKGROUND: The .96-acre project site is developed with a 9,942 square foot commercial building in the General Commercial (C-G) and Brookhurst Commercial Corridor (BCC) Overlay zones. The site is designated for Corridor Residential land uses by the General Plan. Surrounding land uses include a church and auto repair shop to the south, commercial centers to the north and to the east across Brookhurst Street, and single family homes to the west, in unincorporated Orange County. PROPOSAL: The applicant is proposing an outdoor smoking lounge within an existing 627 square foot outdoor patio area in conjunction with an existing 2,606 square foot restaurant. The restaurant’s main entrance and smoking lounge are oriented towards the rear parking lot of the commercial center. The proposed hours of operation for the smoking lounge will coincide with the restaurant hours, which are 12:00 p.m. to 12:00 a.m. Tuesday through Sunday (the restaurant is closed on Mondays). The smoking lounge area will include outdoor seating and tables with temporary canvas canopy structures and will be surrounded by a wood-framed, six foot tall wall with plexi-glass panels on the south, west and a portion of the north side. No expansion of the building is proposed. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2013-05717 AND VARIANCE NO. 2012-04916 January 13, 2014 Page 2 of 3 ANALYSIS: The Zoning Code requires that specific findings be made prior to approval of a conditional use permit and parking variance. The complete findings are included in the attached draft resolution. A summary of the project’s compliance with the required findings is described below. Conditional Use Permit: Smoking lounges are allowed by right in this zone but require a conditional use permit if located within 200 feet from a residential zone or 1,000 feet from a school to ensure compatibility with these potentially sensitive uses. When located beyond these separation distances, smoking lounges may be permitted through an administrative use permit approved by staff. Because there are residentially zoned properties immediately abutting the site and the nearest school is located approximately 930 feet to the west, the proposed smoking lounge is subject to the approval of a conditional use permit. The adjacent residential zone to the west is located approximately 132 feet from the outdoor patio area where smoking would occur. In order to reduce the likelihood of odor and noise impacts upon the homes to the west, the applicant proposes to construct a six foot high wood and plexiglass wall along the west, south and a portion of the north sides of the lounge area to help prevent noise and smoke from emanating onto the adjacent properties. The rear parking lot area is also surrounded by a five foot high block wall on the west and south property lines, separating the use from the church to the south and the single-family homes to the west. This wall provides an additional buffer between the uses. Although there is an elementary school located approximately 930 feet to the west, on Orange Avenue, there are several intervening structures and no point of direct access between the school and proposed smoking lounge; therefore, impacts to the school are not anticipated. The proposed smoking lounge will be accessory to the existing restaurant. It is intended to provide a service to restaurant patrons and will not operate independently to the restaurant. A condition of approval has been added to the attached draft resolution requiring that the smoking lounge be operated as an accessory feature to the restaurant. The restaurant and smoking lounge will close by midnight and no music or speakers are proposed or allowed in the patio area. Staff believes that with the proposed improvements and conditions of approval, the outdoor smoking lounge will be compatible with the area and will have minimal, if any, impacts on the adjacent residents and other adjacent uses. Community Outreach: The applicant has contacted the owners of the three residential properties to the west of the site and, according to the applicant, these owners do not oppose the proposed use. Parking Variance: The commercial center includes two restaurants, a beauty salon, a dry cleaner and a beauty spa. A total of 81 parking spaces are required for the existing uses and the proposed smoking lounge. Specifically, the smoking lounge area requires 11 parking space and the other uses require 70 spaces. The site provides a total of 72 parking spaces, or nine spaces less than required by Code. The parking areas are located at the front and rear of the building and are accessed from Brookhurst Street. The applicant has submitted a self-prepared parking demand analysis which reiterates that the smoking lounge will be accessory to the existing restaurant and will not operate independently. As a result, the smoking lounge is not expected to generate a parking demand beyond that of the restaurant. The existing businesses on the property have varying days and hours of operation. The applicant conducted parking counts from Saturday, September 21 through Saturday, September 28, 2013. It was determined that the highest peak parking demand occurs between the hours of 7:00 p.m. and 9:00 p.m., during which 35 parking spaces were in use for all on-site businesses. CONDITIONAL USE PERMIT NO. 2013-05717 AND VARIANCE NO. 2012-04916 January 13, 2014 Page 3 of 3 Staff visited the site on Monday, December 30, 2013 between the hours of 6:15 p.m. and 7:15 p.m. when the restaurant was not in operation and observed a peak demand of 22 parking spaces. A second visit was conducted during the same hours on Tuesday, December 31, 2013, when the restaurant was operating, and 33 cars were observed on the site. A third visit was conducted during the same hours on Saturday, January 4, 2013 and up to 45 cars were observed on the site. These observations indicate that ample parking will be available for the existing and proposed uses as the 72 parking spaces provided on-site can more than accommodate the observed peak demand. Staff recommends approval of the parking variance. CONCLUSION: Staff believes that the addition of the outdoor smoking lounge to the existing restaurant would be compatible with the uses in the commercial center and with the surrounding area as the applicant has taken necessary steps to minimize impacts to surrounding sensitive uses. In addition, the findings necessary to support the parking variance can be met, since the parking demand analysis and staff’s observations indicate that the site that the site will provide adequate parking for the existing and proposed uses. Staff recommends approval of this conditional use permit and variance. Prepared by, Submitted by, Andy Nogal Jonathan E. Borrego Associate Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Applicant’s Letter of Request 4. Applicant’s Parking Demand Analysis The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Site Photographs 6. Site, Floor Plan and Patio Details C-G (BCC)RETAIL RS-2SINGLE FAMILY RESIDENCE C-G (BCC)RETAIL C-G (BCC)RETAIL C-G (BCC)BANK C-G (BCC)RESTAURANT RS-2SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCERM-4EL CORTEZAPARTMENTS65 DU RS-2SINGLE FAMILY RESIDENCE RM-4SFR TRELIGIOUS USE C-G (BCC)MEDICAL OFFICE C-G (BCC)OFFICES C-G (BCC)RETAIL C-G (BCC)RETAIL RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE C-G (BCC)RETAIL C-G (BCC)RETAIL C-G (BCC)RETAIL T (BCC)RETAIL C-G (BCC)RETAIL C-G (BCC)RETAILS BROOKHURST STS THISTLE RDW ORANGE AVE W THERESA AVE W RAMM DR W MARIAN AVE W ORANGE AVE S MARBEYA PLW. BALL RD W. BROADWAY S. EUCLID STW. LINCOLN AVE S. MAGNOLIA AVES. BROOKHURST STW. LINCOLN AVE 5 1 3 1 /2 S Brookh urst Street D EV No. 2 0 12-00146 Subject Property APN: 127-102-16 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 S BROOKHURST STS THISTLE RDW ORANGE AVE W THERESA AVE W RAMM DR W MARIAN AVE W ORANGE AVE S MARBEYA PLW. BALL RD W. BROADWAY S. EUCLID STW. LINCOLN AVE S. MAGNOLIA AVES. BROOKHURST STW. LINCOLN AVE 5 1 3 1 /2 S Brookh urst Street D EV No. 2 0 12-00146 Subject Property APN: 127-102-16 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05717 AND VARIANCE NO. 2012-04916 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012-00146) (513-1/2 SOUTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve Conditional Use Permit No. 2013-05717 and Variance No. 2012-04916 to permit an outdoor smoking lounge in conjunction with an existing restaurant within a commercial retail building located less than 200 feet from a residential zone and less than 1,000 feet from a school with less parking than required by the Anaheim Municipal Code (the "Code") for that certain real property located at 513-1/2 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, consisting of approximately .96 acres, is developed with a 9,942 square foot commercial retail building. The Property is located in and subject to the regulations and development standards of the General Commercial (C-G) Zone, except as otherwise specified in the Brookhurst Commercial Corridor (BCC) Overlay Zone. The Anaheim General Plan designates the Property for Corridor Residential land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 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 Conditional Use Permit No. 2013-05717 and Variance No. 2012-04916 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 WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit a proposed outdoor smoking lounge in conjunction with an existing restaurant, has determined that Conditional Use Permit No. 2013- 05717 should be approved for the following reasons, does find and determine the following facts: - 2 - PC2014-*** 1. The proposed request to permit an outdoor smoking lounge in conjunction with an existing restaurant in a commercial retail building in the General Commercial (C-G) Zone and Brookhurst Commercial Corridor (BCC) Overlay Zone, under the conditions imposed, is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and 2. The proposed conditional use permit to allow an outdoor smoking lounge in conjunction with an existing restaurant in a commercial retail building, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because measures will be implemented to reduce potential noise and smoke impacts to the greatest extent possible on the adjacent single family homes, church and commercial properties. These measures will include the construction of a six foot high wood and plexi-glass wall along the west, south and a portion of the north sides of the lounge area to help prevent noise and smoke from emanating onto the adjacent properties. The rear parking lot area is also surrounded by a five foot high block wall on the west and south property lines, separating the use from the church to the south and the single-family homes to the west. This wall provides an additional buffer between the uses. Although there is an elementary school located approximately 930 feet to the west, on Orange Avenue, there are several intervening structures and no point of direct access between the school and proposed smoking lounge; therefore, impacts to the school are not anticipated; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail building and no expansion is proposed; 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 and there is adequate parking on-site based on a parking demand study prepared for the site and as verified by staff to accommodate the use; 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 for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (81 spaces required; 72 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 because the smoking lounge will be accessory to the existing restaurant and will not operate independently. As a result, the smoking lounge is not - 3 - PC2014-*** expected to generate a parking demand beyond that of the restaurant. The applicant conducted parking counts from Saturday, September 21 through Saturday, September 28, 2013. It was determined that the highest peak parking demand occurs between the hours of 7:00 p.m. and 9:00 p.m., during which 35 parking spaces were in use for all on-site businesses. Staff visited the site on Monday, December 30, 2013 between the hours of 6:15 p.m. and 7:15 p.m. when the restaurant was not in operation and observed a peak demand of 22 parking spaces. A second visit was conducted during the same hours on Tuesday, December 31, 2013, when the restaurant was operating, and 33 cars were observed on the site. A third visit was conducted during the same hours on Saturday, January 4, 2013 and up to 45 cars were observed on the site. These observations indicate that ample parking will be available for the existing and proposed uses as the 72 parking spaces provided on-site can more than accommodate the observed peak demand. Therefore, staff believes that ample parking will be available for the existing uses and the proposed smoking lounge based on the applicant’s parking demand study and as verified by staff and no parking conflicts are expected; 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 within the commercial retail property will adequately accommodate the peak parking demands of the proposed outdoor smoking lounge and restaurant and the other uses on the site; 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 of the proposed use because the on-site parking for the outdoor smoking lounge and restaurant will adequately accommodate peak parking demands of all uses on the site; 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 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 outdoor smoking lounge and restaurant. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05717 and Variance No. 2012-04916, 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. - 4 - 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 January 13, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 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 13th day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 6 - PC2014-*** - 7 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05717 AND VARIANCE NO. 2012-04916 (DEV2012-00146) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO FINAL OCCUPANCY 1 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 2 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, Police Department 3 In-Ground bollards or decorative security planters shall be added in the parking lot adjacent to South and West side of outdoor patio (Outdoor seating and Smoking areas). These should be placed between the parking stalls and seating areas to prevent a vehicle from reaching the patio area. Bollards or planters shall be rated to stop moving vehicle per applicable code. Planning Department, Police Department PRIOR TO ISSUANCE OF A BUILDING PERMIT 4 If the proposed canopies are to be permanent, they must comply with the requirements of the 2010 California Building Code. Fire Department GENERAL CONDITIONS 5 The smoking lounge shall remain as an “accessory use” to the restaurant and at no time shall it be operated independently of the restaurant use. Police Department, Planning Department - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 6 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement 7 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning Department 8 No alcoholic beverages shall be sold or consumed on the premises unless a conditional use permit allowing such use is first obtained. Planning Department, Police Department 9 Operation of outdoor barbecues or braziers or lighting coals shall not be permitted. Planning Department, Police Department 10 There shall be no admission fee, cover charge, nor minimum purchase required. Planning Department, Police Department 11 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws. Planning Department, Police Department 12 The occupancy shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department or (ii) an occupancy limit established as a condition of the permit approved pursuant to this chapter, or any zone variance issued pursuant to Title 18 of this Code. Planning Department, Police Department 13 There shall be no entertainment, amplified music or dancing permitted on the outdoor patio. Interior entertainment within the restaurant shall not be allowed unless the business owner first obtains and Entertainment Permit. Planning Department, Police Department 14 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 a sign shall be posted at the entrance stating “No one under the age of 18 allowed.” Planning Department, Police Department - 9 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 15 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Planning Department, Police Department 16 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. (Section 18.16.040 Anaheim Municipal Code) Planning Department, Police Department 17 Any security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. Planning Department, Police Department 18 The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5 Planning Department, Police Department 19 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 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 - 10 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 21 The outdoor smoking lounge shall be operated in accordance with the Letter of Request and Parking Demand Analysis 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 Demand Analysis and to ensure compatibility with the surrounding uses. The days and hours of operation for the outdoor smoking lounge are limited to 12:00 p.m. to 12:00 a.m. Tuesday through Sunday and closed on Mondays. The hours of operation may be modified subject to prior review and approval by Planning Director. Planning Department, Police Department 22 The premises shall be developed substantially in accordance with the plan and specifications submitted to and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department marked as Exhibit No. 1 (Site Plan, Floor Plan and Patio Details). Planning Department 513 ½ S. Brookhurst Street, Anaheim CA 92804 Tel: 714-991-5000 Email: Alepposkitchen@gmail.com 12/3/13 City of Anaheim Department of Planning Sub: Hookah Permit Ladies and Gentlemen, Aleppo’s Kitchen is an upscale family restaurant that is open six days a week from noon to midnight and closed on Mondays. Typically, our busiest time is in the evening from seven till ten. Aleppo’s Kitchen is the first restaurant in Orange County to offer authentic homemade cooking from the rich cuisine of the region of Aleppo in Northern Syria, considered the gastronomical capital of the Middle East as cited by a New York Times article in December 2010. Our restaurant is endeavoring to emulate this unique culinary experience in an elegant family setting and a relaxing atmosphere. In a recent LA Times food column, our restaurant was featured as one of the first Syrian restaurants in the LA basin to specialize in authentic Northern Syrian cuisine. More recently our restaurant was featured in a rave OC Weekly review as well. Both reviews are attached. Since our opening and as we have expected, every now and then, we get incidental requests from our customers for Hookahs. Some of these customers would want to complement their dining experience by enjoying a Hookah on the patio to relive the old country ambiance, and as a restaurant touting the full experience in the old country dining; we would like to have the capability to provide our customers that service. For the record, our target market is family and high end customers. The way our décor was designed and our menu were chosen reflect that. Under no circumstances would our restaurant ever be a youth hangout as it would be detrimental to our business model. ATTACHMENT NO. 3 Here is what we are proposing:  Existing patio area is around 1,500 square feet.  Dedicate a 600 square foot section of the patio exclusively for Hookah smokers.  Enclose that area with a suitable noise attenuating enclosure.  No loud music will ever be played on the patio.  No special events and/or large parties at our restaurant without prior city permits. With that said, we request a variance be granted to our restaurant to enable us serve our customers with this small perk if need be. We also emphasize that we are neither a café nor a Hookah lounge. The only place where a Hookah would be served is on the patio to complement dinner. Thank you Hacienda Food Services LLC dba Aleppo’s Kitchen Omar Khoja ATTACHMENT NO. 4 Subject Site – Looking West Subject Site– Looking West ATTACHMENT NO. 5 Adjacent Night Club and Restaurant – Looking North Adjacent Businesses Looking Further North Businesses Across Brookhurst – Looking East Adjacent Business to the South Residences to the West (Rear of Subject Site) Church to the South of Subject Site Subject Site – Parking Lot Entry Driveway Subject Site - Rear of Restaurant and Patio Subject Site – Outdoor Patio Area Subject Site – Rear Parking Area Looking West Subject Site - Rear Parking Area Looking East Subject Site – Front Parking Area Looking North OFPARTIALSITE PLAN&NOTESA - 12 3 GE O RGE BEHNAMA R C H I T E C T GEORGE BEHNAM PLACENTIA, CA 92870 1150 E. ORANGETHORPE # 109 (714)572-2384 FAX(714)572-2385 PROJECT:OWNER :DATEREVISIONS513 1/2 S. BROOKHURST STREET ANAHEIM, CA 92804 513 1/2 S. BROOKHURST STREET ............... ANAHEIM, CA 92804 S. BROOKHURST STREETW. Orange AveW. BroadwayP:\NetDisk\Projects\Projects\2012\120701-Hacienda-Restaurant\11 05 13 CUP-12-6-12.dwg, 12/17/2013 2:49:04 PM, DWG To PDF.pc3 ATTACHMENT NO. 6 OFPARTIALSITE PLAN&NOTES3GE O RGE BEHNAMA R C H I T E C T GEORGE BEHNAM PLACENTIA, CA 92870 (714)572-2384 PROJECT:OWNER :DATEREVISIONS513 1/2 S. BROOKHURST STREET ANAHEIM, CA 92804 513 1/2 S. BROOKHURST STREET ............... ANAHEIM, CA 92804A - 231150 E. ORANGETHORPE # 109 (714)572-2384 FAX(714)572-2385 PROJECT:DATEREVISIONSP:\NetDisk\Projects\Projects\2012\120701-Hacienda-Restaurant\11 05 13 CUP-12-6-12.dwg, 12/17/2013 2:49:05 PM, DWG To PDF.pc3 OFSITE PLAN&NOTESSP1 3 GE O RGE BEHNAMA R C H I T E C T GEORGE BEHNAM PLACENTIA, CA 92870 1150 E. ORANGETHORPE # 109 (714)572-2384 FAX(714)572-2385 PROJECT:OWNER :DATEREVISIONS513 1/2 S. BROOKHURST STREET ANAHEIM, CA 92804 513 1/2 S. BROOKHURST STREET ............... ANAHEIM, CA 92804 P:\NetDisk\Projects\Projects\2012\120701-Hacienda-Restaurant\11 05 13 CUP-12-6-12.dwg, 12/17/2013 2:49:04 PM, DWG To PDF.pc3 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: JANUARY 13, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05694 AND VARIANCE NO. 2013-04954 LOCATION: 1112 North Brookhurst Street (Hanshaw Center) APPLICANT/PROPERTY OWNER: The applicant is Mr. Samer Rovini and the property owner is N&P Desai-2000 III, LP and B&G Singh-2000 III LP. REQUEST: The applicant is requesting approval of a conditional use permit to allow a smoking lounge in a commercial tenant space located less than 200 feet from a residential zone and less than 1,000 feet from a school. The applicant is also requesting approval of a variance to allow the smoking lounge with fewer parking spaces than required by Code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2013-05694 and Variance No. 2013-04954. BACKGROUND: The .90-acre project site is developed with a 10,566 square foot commercial building in the General Commercial (C-G) and the Brookhurst Commercial Corridor (BCC) Overlay zones. The site is designated for General Commercial land uses by the General Plan. Surrounding land uses include a church and an auto repair shop to the west across Brookhurst Street, a vacant commercial building to the north, a vacant commercial parcel to the east, a gasoline service station with mini-mart to the southwest, and a freeway on-ramp to the south, across La Palma Avenue. PROPOSAL: The applicant is proposing a fully-enclosed smoking lounge within an existing 2,990 square foot tenant space. The remaining 7,576 square feet of space within the center is occupied by a variety of retail and restaurant uses. The proposed hours of operation are 6:00 p.m. to 2:00 a.m. Sunday through Thursday and 6:00 p.m. to 4:00 a.m. Friday and Saturday. A maximum of 108 patrons are expected. The smoking lounge would include a front reception area, an office, a hookah pipe prep area and restrooms. No expansion of the building is proposed, but the parking lot area will be resurfaced and restriped and new landscaped planters along the La Palma Avenue Street frontage will be installed. The existing landscaped planters will also be refurbished as needed. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2013-05694 AND VARIANCE NO. 2013-04954 January 13, 2014 Page 2 of 3 ANALYSIS: The Zoning Code requires that specific findings be made prior to approval of a conditional use permit and parking variance. The complete findings are included in the attached draft resolution. A summary of the project’s compliance with the required findings is provided below. Conditional Use Permit: Smoking lounges are allowed in this zone subject to the approval of a conditional use permit, if located within 200 feet of a residential zone or 1,000 feet of a school, to ensure compatibility with the surrounding uses. When located beyond these separation distances, smoking lounges may be permitted through an administrative use permit approved by staff. The nearest residentially zoned properties are located approximately 136 feet to the east of the site and an elementary school exists approximately 822 feet to the east; therefore, a conditional use permit is required to allow this smoking lounge. Staff believes that the smoking lounge will not result in noise or odor impacts upon these uses because the smoking lounge would be operated indoors and there are no openings along the building’s eastern elevation. The two doors that do exist on the eastern building elevation are for emergency or employee use only and a condition of approval has been added to the attached draft resolution requiring that they remain closed at all times. Although the business can be operated without negatively impacting the adjacent community, staff does not support the requested 2:00 a.m. weekday closing time and 4:00 a.m. weekend closing time. Staff recommends that the business close no later than 12:00 a.m. Sunday through Thursday and no later than 2:00 a.m. Friday and Saturday. Staff believes that the extended hours of operation requested by the applicant do raise the possibility of creating noise impacts upon the adjacent residential area because the ambient noise levels during those hours is minimal. As a result, even small amounts of noise, such as customers coming and going to the smoking lounge, radio noise from customer vehicles, cars leaving the parking lot or employees emptying trash containers, have the potential to carry greater distances and impact the adjacent homes. A condition of approval reflective of staff’s recommendation on the hours of operation has been added to the attached draft resolution. Staff recommends approval of the conditional use permit subject to the recommended conditions of approval. Parking Variance: A total of 101 parking spaces are required for the proposed smoking lounge and other uses in the commercial center which includes two restaurants, an office and a vacant tenant space. The site will provide a total of 58 parking spaces, or 43 spaces less than required by Code. The smoking lounge itself requires 51 parking spaces. The applicant submitted a parking demand analysis which indicates that the peak period of smoking lounge use occurs in the late evening when the peak parking demand is the lowest in the commercial center. The smoking lounge will operate simultaneously with other uses on the site between 6 p.m. and 12:00 a.m. The existing full service restaurant, Hatam, is open until 10:00 p.m. seven days a week and the existing Subway is open until 11:00 p.m. weekdays and until 12:00 a.m. on Friday and Saturday. The applicant conducted parking counts of the parking lot area between Monday, August 19 and Saturday, August 31, 2013 to determine the number of parking spaces available throughout the day and the evening overlap period. It was determined that the highest daytime peak parking demand occurs between the hours of 1:00 p.m. and 5:00 p.m., when 25 spaces were occupied. The highest evening peak parking demand occurs between 6:00 p.m. and 9:00 p.m., when 16 parking spaces were occupied. The applicant indicates that the peak parking demand generated by the smoking lounge, between the hours of 6:00 p.m. and 9:00 p.m., would be 15 spaces for a total parking demand of 31 spaces for the overall site. CONDITIONAL USE PERMIT NO. 2013-05694 AND VARIANCE NO. 2013-04954 January 13, 2014 Page 3 of 3 Between the hours of 9 p.m. and 12:00 a.m. the peak demand for the other uses in the center drops down to 5 spaces. The smoking lounge’s parking demand during this time is expected to be 40 spaces. Therefore, the peak parking demand for all uses on-site, including the proposed smoking lounge, is estimated to be 45 spaces and 58 spaces are provided. The smoking lounge’s parking demand is based on a two to three person per car assumption which has been the applicant’s experience while operating another smoking lounge in Anaheim. Staff visited the site on Monday, December 30, 2013 between the hours of 6 p.m. and 7 p.m. and observed a maximum of 26 parked cars. A second visit was conducted on Tuesday, December 31, 2013 between the same hours and a maximum of 33 cars were observed on the site. A third visit was conducted during the same hours on Saturday, January 4, 2013 and up to 35 cars were observed on the site. While staff’s observations showed a higher parking demand than those observed by the applicant, staff believes that ample parking will be available based on the differences in the hours of the proposed use and those of other businesses in the center. This is due to the fact that the smoking lounge’s peak hours of use are expected to be between 9:00 p.m. and 12:00 a.m., when all other businesses in the center are closed or experiencing minimal customer traffic. Staff recommends approval of the parking variance. CONCLUSION: Staff believes that the proposed smoking lounge would be compatible with the uses in the commercial center and with the surrounding area due to its physical design. The recommended conditions will minimize the use’s impacts to the surrounding area. In addition, the findings necessary to support the parking variance can be met, since the parking demand analysis and staff’s observations indicate that the site will provide adequate parking for the proposed smoking lounge and other uses on the site. Staff recommends approval of this conditional use permit and variance. Prepared by, Submitted by, Andy Nogal Jonathan E. Borrego Associate Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Applicant’s Letter of Request 4. Applicant’s Parking Demand Analysis The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Site Photographs 6. Site and Floor Plan C-G (BCC)OFFICES RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-G (BCC)AUTO REPAIR/SERVICE C-G (BCC)RELIGIOUS USE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE SANTA ANA (5) FREEWAYSANTA ANA (5) FREEWAYC-G (BCC)MEDICAL OFFICE C-G (BCC)SERVICESTATION C-G (BCC)VACANT C-G (BCC)MEDICAL OFFICE C-G (BCC)RELIGIOUS USE C-G (BCC)RETAIL RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-G (BCC)RETAIL W LA PALMA AV EN BROOKHURST STN LOTUS STN JASMINE STW FALMOUTH AVE W GLEN AVE W FI R AVE W DOGWOOD AVE W FALMOUTH AVE W. LA PALMA AVE N. EUCLID STN. MAGNOLIA AVEW. CRESCENT AVE W. ROMNEYA DR W. CRESCENT AVE W. CRESCENT AVE 1 1 1 2 North Brookhurst Stree t D EV No. 2 0 13-00094 Subject Property APN: 072-415-45 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 W LA PALMA AV EN BROOKHURST STN LOTUS STN JASMINE STW FALMOUTH AVE W GLEN AVE W FI R AVE W DOGWOOD AVE W FALMOUTH AVE W. LA PALMA AVE N. EUCLID STN. MAGNOLIA AVEW. CRESCENT AVE W. ROMNEYA DR W. CRESCENT AVE W. CRESCENT AVE 1 1 1 2 North Brookhurst Stree t D EV No. 2 0 13-00094 Subject Property APN: 072-415-45 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05694 AND VARIANCE NO. 2013-04954 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00094) (1112 NORTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve Conditional Use Permit No. 2013-05694 and Variance No. 2013-04954 to permit a smoking lounge within an existing commercial tenant space located less than 200 feet from a residential zone and less than 1,000 feet of a school with less parking than required by the Anaheim Municipal Code (the "Code"). for that certain real property located at 1112 North 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, consisting of approximately .90 acres, is developed with a 10,566 square foot commercial retail building. The Property is located in and subject to the regulations and development standards of the General Commercial (C-G) Zone, except as otherwise specified in the Brookhurst Commercial Corridor (BCC) Overlay Zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 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 for and against proposed Conditional Use Permit No. 2013- 05694 and Variance No. 2013-04954 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 WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit a proposed smoking lounge, has determined that Conditional Use Permit No. 2013-05694 should be approved for the following reasons, does find and determine the following facts: - 2 - PC2014-*** 1. The proposed request to permit a smoking lounge within an existing commercial retail building in the Commercial General (C-G) Brookhurst Corridor Overlay (BCC) zone, under the conditions imposed, is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and 2. The proposed conditional use permit to allow a smoking lounge within an existing commercial retail building, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because all activities will be required to be conducted inside the building and the hours of operation will be limited through conditions of approval in order to reduce potential impacts on adjacent commercial and residential properties; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail building and no expansion is proposed; 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 and there is adequate parking on-site based on a parking demand study prepared for the site and as verified by staff to accommodate the use; 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 for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (101 spaces required; 58 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 because a parking demand analysis was prepared by the applicant dated January 8, 2014, determining that the current number of parking spaces within the commercial property is sufficient to accommodate all of the uses on the site including the new smoking lounge. The parking demand analysis indicates that the peak period of smoking lounge use occurs in the late evening when the peak parking demand is the lowest in the commercial center. The smoking lounge will operate simultaneously with other uses on the site between 6 p.m. and 12:00 a.m. The existing businesses on the property operate generally seven days per week between 6:00 a.m. and 12:00 a.m. The applicant conducted parking counts of the parking lot area between Monday, August 19 and Saturday, August 31, 2013 to determine the number of parking spaces available throughout the day and the overlap period. It was determined that the highest daytime peak parking demand occurs between the hours of 1:00 p.m. and 5:00, when 25 spaces were occupied. The highest nighttime peak parking demand occurs between 6:00 p.m. and 9:00 p.m., when 16 parking spaces were occupied. The applicant indicates that a maximum peak demand generated by the smoking lounge between 6:00 p.m. - 3 - PC2014-*** and 9:00 p.m. would be 15 spaces for a total parking demand of 31 spaces for the overall site. Between 9 p.m. and 12:00 a.m. the peak demand for the site drops down to 5 spaces. The smoking lounge’s parking demand during this time is expected to be 40 spaces and 5 spaces for the other uses and 58 are provided. The smoking lounge’s peak demand is based on a 2 to 3 person per car ratio based on the applicant’s experience with other smoking lounge’s and as a pervious operator of smoking lounge in Anaheim. Staff visited the site on Monday, December 30, 2013 between the hours of 6 p.m. and 7 p.m. and observed a maximum of 26 parked cars. A second visit was conducted on Tuesday, December 31, 2013 between the same hours and a maximum of 33 cars were observed on the site. A third visit was conducted during the same hours on Saturday, January 4, 2013 and up to 35 cars were observed on the site. While staff’s observations showed a higher parking demand than those observed by the applicant, staff believes that ample parking will be available based on the differences in the hours of the proposed use and those of other businesses in the center; 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 the on-site parking within the commercial retail property will adequately accommodate the peak parking demands of the proposed smoking lounge and the other uses on the site; 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 of the proposed use because the on-site parking for the smoking lounge will adequately accommodate peak parking demands of all uses on the site. The smoking lounge generates a its highest peak parking demand of 40 spaces after 9:00 p.m. when the parking demand for the other businesses on the property is least; 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 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 smoking lounge. - 4 - PC2014-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05694 and Variance No. 2013-04954, 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. 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 January 13, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 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 13th day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 6 - PC2014-*** - 7 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05694 AND VARIANCE NO. 2013-04954 (DEV2013-00094) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO COMMENCEMENT OF THE BUSINESS PRIOR TO FINAL OCCUPANCY 1 The premises shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: perimeter building and access route protection and high valued storage areas within 120 days of this permit. A Burglary/Robbery Alarm Permit application must be completed, Form APD 516, and return it to the Police Department prior to initial alarm activation within 120 days of this permit. 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 2 Closed circuit television (CCTV) security cameras shall be installed with the following coverage areas: building interior entrance and exterior entrance, parking lot; general seating area, manager’s office covering safe and cashier’s area within 120 days of this permit. If security cameras are not monitored, signs indicating so should be placed at each camera. CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the tape. Digital and wireless CCTV security systems are highly recommended over older VHS or “Tape” recording systems. CCTV recordings should be kept for a minimum of 30 days before being deleted or recorded over. If used, CCTV videotapes should not be recorded over more than 10 items per tape. Police Department 3 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. Police Department 4 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised and any rear utility doors. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece within 120 days of this permit. Police Department - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 5 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 6 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, Police Department PRIOR TO ISSUANCE OF A BUILDING PERMIT 7 The existing landscaped planters and setback areas throughout the site shall be refurbished to include evergreen, ground covers, shrubs and trees as approved by Planning Staff. The new proposed landscaped planters shall incorporate evergreen, ground covers, shrubs and trees as approved by Planning Staff. All broken curbing shall be repaired per City Standards. Landscape and irrigation plans shall be submitted for review and approval by Planning Staff. Planning Department 8 The parking lot areas shall be re-slurried and re-striped per the submitted site plan in accordance with City Standard Detail No. 470 (attached). Disabled parking spaces shall be provided in accordance with the Americans with Disabilities Act and City Standard Detail No. 436-G (attached). Planning Department 9 The trash enclosure walls and doors shall be repainted and properly maintained and shall incorporate creeping vines an all sides to deter graffiti. Planning Department 10 The project shall comply with the requirements of an A Occupancy as outlined in the 2010 California Building Code. Fire Department - 9 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 11 The project shall also comply with all City standards and specifications for smoking lounges. Fire Department GENERAL CONDITIONS 12 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning Department. Code Enforcement 13 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning Department 14 All activities related to the use shall occur indoors, except as may be permitted by an authorized Special Event Permit. Planning Department 15 No alcoholic beverages shall be sold or consumed on the premises. Planning Department, Police Department 16 There shall be no admission fee, cover charge, nor minimum purchase required. Planning Department, Police Department 17 There shall be no entertainment permitted on the premises at any time, including, but not limited to singers, DJs, dancers, bands and comedians, unless an Entertainment Permit is first obtained by the business owner. Planning Department, Police Department 18 All business related activities shall be conducted wholly within the building. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted. Planning Department, Police Department 19 No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Anaheim Police Department. Planning Department, Police Department 20 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 Planning Department, - 10 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY including any outdoor seating area, and a sign shall be posted at the entrance stating “No one under the age of 18 allowed.” Police Department 21 The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity. Planning Department, Police Department 22 No amusement devices shall be permitted anywhere within the business unless proper permits for such devices are first obtained from the Planning Department. Planning Department, Police Department 23 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws. Planning Department, Police Department 24 The occupancy shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department or (ii) an occupancy limit established as a condition of the permit approved pursuant to this chapter, or any zone variance issued pursuant to Title 18 of this Code. Planning Department, Police Department 25 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. All east-facing exterior doors shall remain closed at all times, except as required for maintenance or emergency access. Planning Department, Police Department 26 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. (Section 18.16.040 Anaheim Municipal Code) Planning Department, Police Department 27 Any security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. Planning Department, Police Department 28 The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5 Planning Department, - 11 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Police Department 29 The rear access doors shall remain closed at all times and Access to the rear walkway behind the business shall be restricted to employees and for emergency use only. Signs indicating “Emergency Exit Only” shall be included on the interior of the rear doors as required by any other applicable codes/city agencies. Planning Department, Police Department 30 The subject property shall be operated as a "tobacco shop" and a "smokers' lounge", as those terms are defined in Section 6404.5(d)(4) of the California Labor Code. Specifically, the smokers' lounge at the subject property shall at all times be an enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes, and for the use of tobacco products only. The tobacco shop, itself, shall be dedicated to the sale of tobacco products, including, but not limited to, cigars, pipe tobacco and smoking accessories. Planning Department 31 The service and consumption of food or beverages in the tobacco shop and smokers' lounge shall be prohibited. Planning Department 32 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 33 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 Planning Department - 12 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 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. 34 The smoking lounge shall be operated in accordance with the Letter of Request and Parking Demand Analysis submitted as part of this application. Any changes to the business operation as described in the Letter of Request and Parking Demand Analysis shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and Parking Demand Analysis and to ensure compatibility with the surrounding uses. The days and hours of operation for the smoking lounge are limited to 6:00 p.m. to 12:00 a.m. Sunday through Thursday, and 6:00 p.m. to 2:00 a.m. Friday and Saturday. The hours of operation may be modified subject to prior review and approval by Planning Director. Planning Department, Police Department 35 The premises shall be developed substantially in accordance with the plan and specifications submitted to and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department marked as Exhibit No. 1 (Site Plan and Floor Plan). Planning Department ATTACHMENT NO. 3 ATTACHMENT NO. 4 Subject Site – Looking East Subject Site– Looking North ATTACHMENT NO. 5 Subject Site – Tenant Spaces Subject Site– Side of Tenant Spaces Subject Site – Parking Lot Subject Site – Parking Lot Subject Site – Subway Restaurant Subject Site - Vacant Tenant Space Residences to the East Subject Site – Hatam Restaurant Property to the South Across La Palma (FWY) Property to the East Property to the West Across Brookhurst Property to the North Property to the South Property to the South ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 8 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 13, 2014 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 1215 LOCATION: 3200 East Carpenter Avenue (Camelot Golfland) APPLICANT/PROPERTY OWNER: The applicant and property owner is Kenney Golf Enterprises, Inc. REQUEST: The applicant requests to amend a conditional use permit to permit a bumper boat attraction at the existing Camelot Golfland miniature golf facility. DISCUSSION: The applicant has submitted a request to continue this hearing to the February 10, 2014, Planning Commission meeting so that the request can be amended and re-noticed to allow the applicant to charge a parking fee for customers who visit the Camelot facility. RECOMMENDATION: Staff recommends that this hearing be continued to the February 10, 2014, Planning Commission meeting, as requested by the applicant, to allow additional time to revise the project description and re-notice the applicant’s request to charge a parking fee. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Applicant’s Letter of Request SP 94-1DA3CAMELOTGOLFLAND SP 94-1DA3INDUSTRIAL SP 94-1DA3BUSINESS PARK SP 94-1DA5PARKING SP 94-1DA5AUTO SALVAGE YARD SP 94-1DA1INDUSTRIAL SP 94-1DA1AUTO SALVAGE YARD SP 94-1DA5AGRICULTURE SP 94-1DA3OC SOCIALSERVICESAGENCY SP 94-1DA5BOWLING ALLEY SP 94-1DA5STERLINGBUSINESSCOMPLEX SP 94-1DA3BUSINESS PARK 9 1 F R E E W A Y91 F R E E W A Y E FR O N T E R A S TN SHEPARD STE C A R P E N T E R A V E E . L A P A L M A A V E N . T US T I N AVEE . M IR A L O M A A V E N. MI LLER STN. BLUE G U M STE. LA P ALMA AVE3 2 0 0 East Carpenter Avenu e D EV No. 2 0 13-00110 Subject Property APN: 345-111-08 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 9 1 F R E E W A Y91 F R E E W A Y E FR O N T E R A S TN SHEPARD STE C A R P E N T E R A V E E . L A P A L M A A V E N . T US T I N AVEE . M IR A L O M A A V E N. MI LLER STN. BLUE G U M STE. LA P ALMA AVE3 2 0 0 East Carpenter Avenu e D EV No. 2 0 13-00110 Subject Property APN: 345-111-08 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 From:Mauricio Ceron To:David See Subject:Redeemable Parking Fee Camelot Golfland Date:Wednesday, January 08, 2014 4:36:23 PM David,   We would  like to continue  with our redeemable parking fee  Friday, Saturday, and Sunday nights.   Thank you, Mauricio. ATTACHMENT NO. 2 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 9 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 13, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05695 LOCATION: 1168 South State College Boulevard (former El Vaquero Restaurant) APPLICANT/PROPERTY OWNER: The applicant is Katie Sanchez representing In-N-Out Burger and the property owner is SCBA LLC. REQUEST: The applicant is requesting approval of a conditional use permit to construct a drive-through restaurant (In-N-Out Burger). 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 2 – Replacement or Reconstruction) and approving Conditional Use Permit No. 2013- 05695. BACKGROUND: This 1.3-acre property is developed with a 2-story restaurant building that has been vacant for approximately four years. The property is located within the General Commercial (C-G) zone and the property is designated for Neighborhood Center land uses by the General Plan. Surrounding land uses include a service station and fast food restaurant to the south; an office building to the east; a fast food restaurant to the west across State College Boulevard; and apartments to the north across Almont Avenue. PROPOSAL: The applicant proposes to demolish the existing vacant restaurant building and construct an approximately 3,750 square foot drive-through restaurant building with an approximately 1,088-square foot outdoor dining area. The applicant also proposes to demolish the existing 6-foot high wall along the east property line and install new landscape planters throughout the site, including an approximately 20 to 30 foot wide landscaped planter adjacent to State College Boulevard. The existing 6-foot high block wall adjacent to Almont Avenue would be retained so as to provide a noise, access and visual buffer between the restaurant property and the adjacent apartments to the north. Primary vehicular access would be provided via a 30-foot wide driveway from State College Boulevard. Access to and from the property would also be available through the adjacent commercial properties to the east and south. CONDITIONAL USE PERMIT NO. 2013-05695 January 13, 2014 Page 2 of 2 A total of 63 parking spaces are proposed on site and Code requires 47 spaces, resulting in a surplus of 16 parking spaces. The drive-through lane would accommodate up to 15 cars for stacking purposes. An overflow lane for an additional eight cars is proposed adjacent to the east property line. Sign plans indicate a new wall sign for each building elevation, directional signs at the entrance and exits to the drive-through lane, and a menu board at the center of the drive-through lane. The applicant proposes to reface the existing nonconforming 25-foot high pole sign adjacent to State College Boulevard. The proposed hours of operation are Sunday through Thursday from10:30 a.m. to 1:00 a.m. and Friday and Saturday from 10:30 a.m. to 1:30 a.m. ANALYSIS: While fast food restaurants are permitted by right within this zone, a conditional use p ermit is required to allow a drive-through lane. The purpose of the conditional use permit is to ensure proper design and function of the drive through lane and that the drive through lane activity does not impact surrounding properties. The drive through lane is located along the north and east property lines, which will ensure that drive-through lane traffic does not extend onto State College Boulevard during peak hours of use. The proposed menu board speaker would be located approximately 100 feet from the nearest residence on Almont Avenue, minimizing noise impacts. The existing 6-foot high block wall would provide a noise and visual buffer between the apartments and the proposed use. Based on these design features, staff believes that the proposed drive- through restaurant would be compatible with the surrounding area and recommends approval of the conditional use permit. CONCLUSION: The proposed drive-through restaurant is consistent with the goals of the property’s Neighborhood Commercial General Plan designation which encourages a vibrant mix of commercial uses to support the shopping and dining needs of the surrounding community. The drive-through lane has been designed to minimize impacts to surrounding uses and to ensure proper on- and off-site traffic flow. Staff recommends approval of the proposed project. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Acting Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Project Description 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. Plans C-GRESTAURANTIAUTO & TRUCKPARTS ISERVICESTATION C-GBUSINESSCOLLEGE RS-2SINGLE FAMILY RESIDENCE ITILEWAREHOUSE IRETAIL ITILE STORE C-GOFFICES C-GRETAIL RM-4APTS8 DU RM-4FOURPLEX RS-2SINGLE FAMILY RESIDENCE C-GSERVICESTATION RM-4SU CASA ALMONT WOODSAPTS108 DU C-GRETAIL C-GRETAIL ISERVICESTATION C-GRESTAURANT RS-2SINGLE FAMILY RESIDENCE IRETAIL RM-4WATERRIDGEAPARTMENTS220 DU ITILESTORE IAUTOREPAIR/SERVICE RM-4APTS8 DU ICENTER POINTBUSINESS PARK RS-2SINGLE FAMILY RESIDENCE ITILE STORE RM-4APTS8 DU RM-4FOURPLEX RM-4FOURPLEX RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SFRRS-2SFRRS-2SFRRS-2SFRRS-2SFRRS-2SFRRS-2SFRRM-4FOURPLEX C-GSERVICESTATION C-GRESTAURANT IRETAIL E BALL RDS STATE COLLEGE BLVDE CLIFPARK WAY E ALMONT AVES VERDE STS TORRY PLS RESEDA STE ALMONT AVE E. BALL RD S. SUNKIST STE. CERRITOS AVES. EAST STS. ANAHEI M BLVDS. LEWIS ST1 1 6 8 South State College Boulev ard D EV No. 2 0 13-00095 Subject Property APN: 253-212-18 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 E BALL RDS STATE COLLEGE BLVDE CLIFPARK WAY E ALMONT AVES VERDE STS TORRY PLS RESEDA STE ALMONT AVE E. BALL RD S. SUNKIST STE. CERRITOS AVES. EAST STS. ANAHEI M BLVDS. LEWIS ST1 1 6 8 South State College Boulev ard D EV No. 2 0 13-00095 Subject Property APN: 253-212-18 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05695 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00095) (1168 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission"), did receive a verified petition for Conditional Use Permit No. 2013- 05695 to demolish a former restaurant building and construct a new drive-through restaurant (herein referred to as the "Proposed Project"), on that certain real property located at 1168 South State College Boulevard in the City of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"), pursuant to Section 18.60.190 of the Anaheim Municipal Code (the "Code") for the Property; and WHEREAS, the Property is approximately 1.3-acres in size and is developed with a two story vacant commercial building. The Property is located within the C-G (General Commercial) zone and the Anaheim General Plan designates the Property for Neighborhood Center land uses; and WHEREAS, on January 13, 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 as required by Resolution No. 95R-134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2013-05695, 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 replacement or reconstruction of a commercial structure with a new structure of substantially the same size, purpose, and capacity, and that, therefore, pursuant to Section 15302 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 pertaining to the request for Conditional Use Permit No. 2013-05695, does find and determine the following facts: 1. The request to permit a drive-through restaurant is properly one for which a conditional use permit is authorized under Section 18.08.030.010 (Restaurants – Drive Through) of the Code. - 2 - PC2014-*** 2. The drive-through restaurant will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the project has been designed to be compatible with surrounding commercial and residential uses because all traffic flows will be provided from two arterial highways, the one story building will be in scale with the adjacent neighborhood, and a 6-foot high block wall will provide a sound buffer for the nearby apartment complexes. 3. The size and shape of the site for the drive-through restaurant is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the project has been designed to comply with all Code requirements, including building height, signs, landscaping, and parking. 4. The traffic generated by the drive-through restaurant will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical retail businesses that would be permitted as a matter of right within the C-G (General Commercial) zone. 5. The granting of Conditional Use Permit No. 2013-05695 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 this Planning Commission does hereby approve Conditional Use Permit No. 2013-05695 at the Property, 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, (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 Conditional Use Permit No. 2013-05695 are approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2013-05695 constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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-*** 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 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 findings hereinabove set forth. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 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 13th day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** - - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05695 (DEV2013-00095) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The building shall be equipped with an alarm system (silent or audible). Police Department 2 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police Department 3 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department 4 The rear doors of the premises shall be numbered with the same address numbers or suite number of the business. Minimum height of 4 inches is recommended. Police Department 5 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 6 Rooftop address numbers shall be provided for the police helicopter. Numbers shall be a minimum size of 4 ft. by 2 ft. The lines of the numbers are to be a minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Rooftop numbers are not to be visible from ground level. Planning Department 7 All backflow eq uipm ent shall be located above ground outside of the street setback area i n a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any ot h er large water system equipment shall be in sta lled to the satisfaction of the Water Engineering Division outsid e of t he street setback area in a manner fu lly screened from all pu blic streets and alleys. Said information shall be specifically shown on pl ans a nd ap proved by Water Engineeri ng and Cross Cormection Co ntrol Inspector. Public Utilities Department, Water Engineering Division - 6 - PC2014-*** 8 All requests for new water services, backflow equipment, or fire lines, as well as any modi ficat ions, relocations, or abandonments of exist ing water servi ces, backflow equi pment, and fire lines, shall be coo rdinated and permitted through Water Engineering Di vision of t he Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 9 This is a p roject wit h a landscaping area exceeding 2,500 square feet. A Landscape Documentation Package and a Cert ification of Co mpletion are requ i red and a separat e irrigation meter shall be in stalled in compliance wi th Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 relating to la ndscape water efficiency. Public Utilities Department, Water Engineering Division 10 All exis ti ng water services an d fire services s h a ll conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. Th e owner/d evel oper shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Department, Water Engineering Division 11 The existing 6 inch fire line and backflow device do not meet current standards. The applicant shall bring the fire line up to current standards, or abandon if fire line will not be reused, prior to building occupancy. Public Utilities Department, Water Engineering Division 12 The applicant shall install a USC approved backflow devi ce on the water supply to the Property per City of Anaheim requirements. Additionally, a backflow device shall be installed on the site irrigation system per City of Anaheim standards. This work shall be completed prior to building occupancy. Public Utilities Department, Water Engineering Division 13 A plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. Public Works- Streets and Sanitation Division 14 Trash storage areas shall be provided and 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. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building Public Works- Streets and Sanitation Division - 7 - PC2014-*** permits. 15 Prior to issuance of the grading permit, the final water quality management plan shall address the following items: • The WQMP shall include additional information infiltration trench configuration, pre-treatment of flows. • The criteria identified in the DAMP in order to allow infiltration to occur on a site must be evaluated and deemed adequate for the determination to be made to infiltrate onsite. • The applicant shall obtain approval for infiltration from the City and from the Orange Count y Water District. The City will coordinate the review of this proposed infiltration system to obtain comments. • The WQMP and grading plans shall show that flows are conveyed to the infiltration areas. • The WQMP shall show the required pretreatment for any focused infiltration. The pretreatment sys tem may be landscape swales, filter strips or bio-retention areas (rain gardens), prior to reaching the infiltration system. Public Works Department, Development Services Division 16 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the Property for any storm drains connecting to a City storm drain. Public Works Department, Development Services Division 17 The P roperty owner shall submit project improvement plans that incorporate any required drainage improvements and the mechanisms proposed in the approved Drainage Report. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. The street improvement plans shall also include any other improvements along the frontage of the project. Improvements shall conform to the City Standards and as approved by the City Engineer. Parkway irrigation shall be installed on the public right-of-way and connected to the on-site irrigation system. A bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works Department, Development Services Division 18 An encroachment license shall be executed by the owner and recorded for the portion of the existing double pole mounted sign that encroaches over the right-of-way line adjacent to State College Boulevard. Public Works Department, Development Services Division - 8 - PC2014-*** PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 19 The developer shall improve the streets as follows: Remove and replace any damaged existing curb, gutter, parkway landscaping and sidewalk. Obtain a Right of Way Construction Permit from the Development Services Division prior to commencing the work, including the removal of the driveway on State College Blvd., utility installations and grind and cap of existing pavement in Almont Avenue up to the street centerline within the frontage of the parcel. Public Works Department, Development Services Division 20 All required public street, landscaping, irrigation, utility, sewer and drainage improvements shall be constructed prior to final building and zoning inspections and are subject to review and approval by the Construction Services inspector. Public Works Department, Construction Services Division 21 All required WQMP items shall be inspected and operational. Public Works Department, Development Services Division 22 An all-weather access road as approved by the Fire Department shall be provided during construction. Fire Department GENERAL CONDITIONS 23 Adequate lighting of parking lots, driveway, circulation areas, aisles, 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 persons, property, and vehicles on-site. Police Department 24 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning Department, Code Enforcement Division 25 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. 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 - 9 - PC2014-*** 26 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 27 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 28 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 ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 C1C2B1KEY6’-8 3/4” X 16’-0” D/F PYLON SIGN CABINETEXISTING PYLON@ 25’-0” OAH FROM GRADE.EXISTING PYLON SIGN CABINETREFURBISH/REFACE(”IN-N-OUT”).S/F 6’-3 1/8” X 10’-6 1/8” INTERNALLYILLUMINATED WALL SIGN (41.6 SQ. FT.)S/F 6’-3 1/8” X 10’-6 1/8” INTERNALLYILLUMINATED WALL SIGN (41.6 SQ. FT.)S/F 6’-3 1/8” X 10’-6 1/8” INTERNALLYILLUMINATED WALL SIGN (41.6 SQ. FT.)S/F 6’-3 1/8” X 10’-6 1/8” INTERNALLYILLUMINATED WALL SIGN (41.6 SQ. FT.)D/F INTERNALLY ILLUMINATED DIRECTIONALDISPLAY (”DRIVE THRU”)D/F INTERNALLY ILLUMINATED DIRECTIONALDISPLAY (”THANK YOU/DO NOT ENTER”)S/F INTERNALLY ILLUMINATED MENU BOARDSITE PLANSCALE: 1” = 30’-0”D1A1B2B3B4SITE PLAN & SIGN KEYNOTED1IN-N-OUT BURGER #XXX1168 STATE COLLEGE BLVD.ANAHEIM, CA11-9723117712GARRY WILCOXANDREW WRIGHT12/29/111113456279101112809/06/13 GMc09/09/13 GMc2011C1D1A1B1B2B3B4C263’-5”99’-8”EXISTING PYLON SIGNREFACE/REFURBISH SITE PLANSCALE: 1” = 60’-0”SITE PLANNOTED2IN-N-OUT BURGER #XXX1168 STATE COLLEGE BLVD.ANAHEIM, CA11-9723117712GARRY WILCOXANDREW WRIGHT12/29/111113456279101112809/06/13 GMc201109/09/13 GMc GROUND SIGNA1NOTED3IN-N-OUT BURGER #XXX111345627910111282011SCALE: 1/2” = 1’-0”REFACE EXISTING D/F INTERNALLY ILLUMINATED PYLON SIGN (25’-0” OAH FROM GRADE)1168 STATE COLLEGE BLVD.ANAHEIM, CA11-9723117712GARRY WILCOXANDREW WRIGHT12/29/1109/06/13 GMc16’-0” CABINET OALFLAT ACRYLIC LEXAN OR FLEX FACES WITH HANGBARS AS REQUIRED.2ND SURFACED APPLIED VINYL PER IN-N-0UT STANDARDS:YELLOW: 3620-015 ‘YELLOW’ (PMS 109C)SHADED YELLOW: 3630-125 ‘GOLDEN YELLOW’ (PMS 1235C)RED: 3630-33 ‘RED’ (PMS 186C)SHADED RED: 3630-73 ‘DARK RED’ (PMS 187C)WHITE: 3630-20 ‘WHITE’SHADED/ GRAY: 3630-51 ‘SILVER GRAY’ (430C)BLACK OUTLINEEXISTING PYLONNOTE:•EXISTING PYLON SIGN TO BE REFURBISHED TO “INO” STANDARDS.•ALL EXISTING NEON TUBING FROM PYLON SIGN TO BE REMOVED.•CABINET TO BE PAINTED TO MATCH “INO” RED.•NEW LEXAN FACES WITH “INO” STANDARD GRAPHICS.•NEW POLE COVERS INSTALLED PAINTED TO MATCH “BONE CHINA”SP 514 BY DUNN EDWARDS W/ SATIN FINISH.REFURBISHED PYLON09/09/13 GMc6’-8 3/4” CABINET OAHEXISTING D/F FACE PYLON CABINET TO BE REFACED AND PAINTED “INO” RED EAST / RIGHT ELEVATIONSCALE: 1/8” = 1’-0”SOUTH / FRONT ELEVATIONSCALE: 1/8” = 1’-0”S/F 18” CHANNEL LETTER WALL SIGN.6’-3 1/8” X 10’-6 1/8” CABINET/“IN-N-OUT”B299’-8”9” FROM TOP OFSIGN TO C OF LEDL3” FROM BOTTOMOF CORNICE TO COF LEDLEQ.EQ.6” O.C.63’-5”S/F 18” CHANNEL LETTER WALL SIGN.6’-3 1/8” X 10’-6 1/8” CABINET/“IN-N-OUT”B1EQ.EQ.9” FROM TOP OFSIGN TO C OF LEDL3” FROM BOTTOMOF CORNICE TO COF LEDL6” O.C.20’-9” FROM GRADE20’-9” FROM GRADE12” NON-ILLUMINATEDADDRESS NUMERALSELEVATIONSB1 B2NOTED41113456279101112820111168 STATE COLLEGE BLVD.ANAHEIM, CA11-9723117712GARRY WILCOXANDREW WRIGHT12/29/1109/06/13 GMc09/09/13 GMc WEST / LEFT ELEVATIONSCALE: 1/8” = 1’-0”NORTH / REAR ELEVATIONSCALE: 1/8” = 1’-0”S/F 18” CHANNEL LETTER WALL SIGN.6’-3 1/8” X 10’-6 1/8” CABINET/“IN-N-OUT”B3B4S/F 18” CHANNEL LETTER WALL SIGN.6’-3 1/8” X 10’-6 1/8” CABINET/“IN-N-OUT”9” FROM TOP OFSIGN TO C OF LEDL3” FROM BOTTOMOF CORNICE TO COF LEDL6” O.C.EQ.EQ.9” FROM TOP OFSIGN TO C OF LEDL3” FROM BOTTOMOF CORNICE TO COF LEDL6” O.C.EQ.EQ.20’-4” FROM GRADE20’-9” FROM GRADE99’-8”63’-5”ELEVATIONSB3 B4NOTED51113456279101112820111168 STATE COLLEGE BLVD.ANAHEIM, CA11-9723117712GARRY WILCOXANDREW WRIGHT12/29/1109/06/13 GMc09/09/13 GMc S/F 6’ X 10’ ILLUMINATED WALL SIGNSCALE: 1/2” = 1’-0”18” COPY HT.2 1/2”4”SIDE VIEWELEVATION VIEWLIGHTING COMPONENT DETAIL6’-3 1/8”10’-6 1/8”9’-7 1/2”3 1/4”COPY ILLUMINATION:SLOAN LED - LED MODULES(1) COMPACT 60 POWER SUPPLY - 120V/ 1.0 AMPARROW ILLUMINATION:GE TETRA® LED SYSTEMS - LED MODULES(1) GEP1260 POWER SUPPLY - 120V/ 1.15 AMPNOTES:ALL LIGHTING COMPONENTS TO BE U.L. LISTED WITH DISCONNECTSWITCH @ POWER SUPPLY LOCATION (REMOTE). SIGNS PROVIDED WITH3-WIRE 14 GAUGE JACK CABLE.MODIFIED ACRYLIC FACELED LIGHT SEGMENT (SEEABOVE FOR DETAILEDINFORMATION)INSULATED CONDUITPOWER SUPPLY(LOCATED IN REMOTERACEWAY/ BOX)TRIM CAPALUMINUM RETURNS ANDBACKS/ PROVIDE WEEP HOLES3/8” X 2” LAGBOLTATTACHMENT/ MIN.6” O.C. OR AS REQ’D2 1/2” 4”SECTION DETAIL (NOT TO SCALE)SIGN SPECIFICATIONS:S/F INTERNALLY ILLUMINATED ALUMINUM CHANNEL LETTERSIGN DISPLAY WITH FORMED COPY & ARROW. COLORS/ MATERIALPER BELOW:ARROW:FABRICATED CHANNEL WITH RETURNS PAINTED TO MATCH “BONECHINA” SP 514 BY DUNN EDWARDS W/ SATIN FINISH. FORMEDYELLOW #2037 ACRYLIC FACES WITH 1” YELLOW TRIMCAP. LEDILLUMINATION (SEE ABOVE).COPY:FABRICATED CHANNEL WITH RETURNS PAINTED TO MATCH “BONECHINA” SP 514 BY DUNN EDWARDS W/ SATIN FINISH. FORMEDRED #211-1 ACRYLIC FACES WITH 1” GOLD TRIMCAP. RED LEDILLUMINATION (SEE ABOVE).CHANNEL LETTERS TO BE 4” DEEP/ ALL SIGNS TO BE INSTALLEDONTO BUILDING AS REQUIRED.WALL SIGNSB1 B2 B3 B4NOTED6111345627910111282011SQUARE FOOTAGECALCULATIONS:UPPER ARROW:COPY:LOWER ARROW:TOTAL SIGN AREA:24.5 S.F.15.8 S.F.1.3 S.F.41.6 S.F.NOTE: GRAY INDICATESCALCULATED AREA1168 STATE COLLEGE BLVD.ANAHEIM, CA11-9723117712GARRY WILCOXANDREW WRIGHT12/29/1109/06/13 GMc09/09/13 GMc DIRECTIONALSC1 C2NOTED71’-6”1’-6”1’-6” (TYP.)3’-0” OAH1”2’-0”8 1/4”±3” SQUARE TUBEt=0.188” MIN.1/4” X 3” X 6” W/(2) 3/8” DIA. ALL-THREADBOLTS2’-0”ELEVATION VIEWELEVATION VIEWSIDE VIEWSIDE VIEWFINISHED GRADE (VARIES)1’-6”1’-6”SIGN SPECIFICATIONS:D/F INTERNALLY ILLUMINATED ALUMINUM DIRECTIONAL CABINET W/FORMED FACES & ARROW. SIGN CABINET, RETAINERS PAINTED TOMATCH “BONE CHINA” SP 514 BY DUNN EDWARDS W/ SATIN FINISH.FORMED ACRYLIC PLASTIC FACES TO HAVE SECOND-SURFACE PAINTEDGRAPHICS. BACKGROUND COLOR TO BE PAINTED INO 443 RED (25%CLEAR). LETTER COLOR TO BE PAINTED WHITE. ARROW TO BE PAINTEDINO 413 YELLOW (25% CLEAR) - . SIGN CABINETS TO BEAS APPLIESILLUMINATED W/ VOLTAC HIGH OUTPUT FLUORESCENT BULBS.1’-4” V.O.1’-10” V.O.1’-6” CABINET2’-0” CABINET3’-0” OAH FROM GRADESIDE ASIDE ASIDE BSIDE BSCALE: 1” = 1'-0”D/F INTERNALLY ILLUMINATED DIRECTIONAL SIGNS@ 3 SQ. FT.C1C2PLATE DETAILSCALE: 3” = 1’-0”6” PLATE3” PLATE3/4”1 1/2” 1 1/2”4 1/2”3/4”PL3” X 6” X 1/4” 7/16” HOLES(3/8” BOLTS)1” FOR ELECT.8 1/4”±(2) VOLTARC HIGH OUTPUTFLUORESCENT BULBS.1113456279101112820111168 STATE COLLEGE BLVD.ANAHEIM, CA11-9723117712GARRY WILCOXANDREW WRIGHT12/29/1109/06/13 GMc09/09/13 GMc 3’-2 1/4”6’-7 ½” OAH1’-5 ½”2’-11 1/4” V.O.1’-11 3/4”2’-6 1/2” O.C.1’-1”* V.O.1’-4”8”8 1/4”S/F INTERNALLY ILLUMINATED ALUMINUM MENUCABINET. SIGN CABINET, RETAINERS & SQ.SUPPORT TUBES PAINTED TO MATCH “BONECHINA” SP 514 BY DUNN EDWARDS W/ SATINFINISH. SIGN CABINETS TO BE ILLUMINATED W/VOLTARC HIGH OUTPUT FLUORESCENT BULBS.3” SQUARE TUBEJ BOX WITH DISCONNECTSWITCH* NOTE:DIMENSIONS FOR TOP CABINETMAY NOT REFLECT DRAWING DUE TOCABINET ANGLE.S/F INTERNALLY ILLUMINATED MENU BOARD @ 6’-7 ½” OAH(19.9 SQ. FT.)SCALE: 3/4” = 1’-0”ELEVATION VIEWSIDE VIEWWHITE ACRYLIC PLASTIC SIGN FACES &FIRST-SURFACE APPLIED GRAPHICS4’-3 1/2”4’-0 1/2” O.C.2’-11 1/4” V.O. 1’-0 1/4” V.O.1”MENU BOARDD1NOTED81113456279101112820111168 STATE COLLEGE BLVD.ANAHEIM, CA11-9723117712GARRY WILCOXANDREW WRIGHT12/29/1109/06/13 GMc09/09/13 GMc HALF SIZEIN-N-OUT LED BORDER DETAILLEDMOUNTING BUTTON POLYCARBONATECOVER‘SLOAN’ LED RED LIGHTING SYSTEM. ALL ELECTRICAL COMPONENTSTO BE UL LISTED. ATTACH TO WALL AS REQUIRED.#8 FLAT HEADSCREW @ 2’-0”O.C. (MIN.)#8 PAN HEADSCREW @ 2’-0”O.C. (MIN.)VARIES - 10’-0” MAXIMUM SECTION6” O.C.3” O.C. TO BOTTOMOF CORNICEMIN. 24” O.C.BORDER LED DETAILNOTED91113456279101112820111168 STATE COLLEGE BLVD.ANAHEIM, CA11-9723117712GARRY WILCOXANDREW WRIGHT12/29/1109/06/13 GMc09/09/13 GMc SCALE: 3” = 1'-0”NON-ILLUMINATED 12” ADDRESS NUMERALS1’-0”1’-0”1024 ALL-THREADFORMED ACRYLIC NUMERALEXISTING WALL (MAY VARY)SILICONE BOLTS INTOHOLESRED ACRYLIC #211-1C1COLOR SPECIFICATIONSC13”NON-ILLUMINATEDADDRESS NUMERALSNOTED101113456279101112820111168 STATE COLLEGE BLVD.ANAHEIM, CA11-9723117712GARRY WILCOXANDREW WRIGHT12/29/1109/06/13 GMc09/09/13 GMc INTERIOR NEON DISPLAYNOTED11S/T TECHNOLUX #17 NOVIAL GOLD COATEDEXPOSED NEON ILLUMINATION (12MM)S/T TECHNOLUX COATED RUBY REDEXPOSED NEON ILLUMINATION (12MM)4’-9”8 3/4”1’-6 5/8”8 5/8”8 3/4”S/F WALL DISPLAYSCALE: 1 1/2” = 1’-0”PK HOUSINGFLEX CONDUIT30MA TRANSFORMER BOXNEON TUBING (SEE ABOVE)GLASS NEON STANDOFFCUT VIEW/ NOT TO SCALESAFETY DISCONNECTSWITCH/ J-BOXDETAIL NOT TO SCALENOTE: DISPLAY TO BE CENTERED TOP TOBOTTOM & LEFT TO RIGHTINSTALLED NEON DISPLAY (TYP.)1113456279101112820111168 STATE COLLEGE BLVD.ANAHEIM, CA11-9723117712GARRY WILCOXANDREW WRIGHT12/29/1109/06/13 GMc09/09/13 GMc 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. R 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 10 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 13, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05687 AND TENTATIVE TRACT MAP NO. 17657 LOCATION: 1531-1627 East Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicant is Lester Tucker representing Lennar and the property owner is Slagle Properties, LLC. REQUEST: The applicant is requesting approval of a conditional use permit to allow a 76-unit condominium complex with modified landscape setback and building separation standards. The applicant is also requesting approval of a tentative tract map to establish a 14 lot, 76-unit condominium subdivision. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolutions, determining that previously-certified Supplemental Environmental Impact Report No. 346 provides appropriate environmental documentation for Tentative Tract Map No. 17657 and Conditional Use Permit No. 2013-05687and approving Conditional Use Permit No. 2013-05687 and Tentative Tract Map No. 17657. BACKGROUND: This 4.65-acre site is located in the General Commercial (C-G) and Residential Opportunity (RO) Overlay zones and is designated for Low-Medium Density Residential land uses by the General Plan. The property is developed with a mix of commercial and residential uses including the Yellow Cab Company and Anaheim Screen and Glass. The easterly portion of the site consists of nine residential units. Surrounding land uses include single family residences to the north and east, single family residences and a church to the west and commercial uses to the south across Lincoln Avenue. PROPOSAL: The applicant proposes to demolish the existing improvements on the site and construct a condominium complex consisting of 13 buildings with 76 attached units. The project complies with all Code requirements with the exception of the two modified standards described in the Analysis section of this report. The project would include 26 two-bedroom units, 37 three-bedroom units and 13 four- bedroom units. Each unit would include a two car garage. Unit sizes range from 1,482 to 2,034 square feet. The project would provide two driveways from Lincoln Avenue that would be limited to right-turn in/right-turn out turning movements. TENTATIVE TRACT MAP 17657, CONDITIONAL USE PERMIT NO. 2013-05687 January 13, 2014 Page 2 of 4 The project maintains two design themes that include Spanish and Italian architectural elements with well articulated elevation features that include metal accent railings, awnings, gable and hipped tile roofs, window shutters, wainscot around portions of the front elevations, arched entryways and window elements that complement each architectural theme. The building elevations throughout the project are designed to include varied building articulation and attractive architectural features that would be aesthetically pleasing and provide visual interest for surrounding residential properties with views of the project. The property’s existing Low-Medium Density Residential General Plan land use designation allows up to 18-units per acre and this project has a density of 16.4 units per acre. Code requires 197 parking spaces for this project. The project complies with parking requirements by providing 152 garage parking spaces and 83 open spaces located around the perimeter of the project for a total of 235 spaces. The site will remain consistent with the existing topography. The development has a maximum one-foot grade difference along the project boundaries adjacent to the single-family residential properties. A one-foot grade variation around the perimeter of the property serves to help minimize visual building height impacts of the project onto existing homes. Further, the project has been designed to assure that water will not drain from the proposed project onto the existing single-family properties. A project summary table has been prepared and is included as Attachment No. 9. ANALYSIS: The property’s RO Overlay zone designation allows development of the site in accordance with the uses and requirements of the RM-3 zone. The RM-3 zone allows condominium developments subject to the approval of a conditional use permit. A tentative tract map is required to subdivide the property for eventual sale to future residents. The Zoning Code requires that specific findings be made prior to approval of a conditional use permit and tentative tract map. The complete findings are included in the attached draft resolutions. A summary of the project’s compliance with the required findings is provided below. Conditional Use Permit: In the RM-3 zone, development standards, including setback and distance separation requirements, may be modified as part of a conditional use permit when it is determined that the modifications serve to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. Section 18.06.160 (Residential Planned Unit Development) of the Code permits the modification of, among other things, certain setback standards through an application for a conditional use permit, rather than through an application for a variance. The conditional use permit request includes proposed modifications to the minimum requirements for (i) the landscaped portion of a setback for structures abutting a single-family residential zone, and (ii) the building separation requirements between two parallel facing walls for five of the buildings within the proposed project. Following is an analysis of the requested modified development standards: Modified Landscape Setback: The applicant is requesting to allow a five-foot wide landscape setback where a 10-foot wide landscape setback would typically be required adjacent to a single- family residential zone. The intent of the 10-foot wide landscaped setback along the interior property lines is to ensure that adequate landscaping is provided to screen multiple-family units from the adjacent single-family properties. The proposed condominiums are three stories and 36 feet in height. The proposed units are located a minimum of 55 feet from the adjacent single- family residential properties. In order to minimize visual impacts of this project upon the TENTATIVE TRACT MAP 17657, CONDITIONAL USE PERMIT NO. 2013-05687 January 13, 2014 Page 3 of 4 surrounding residential properties, the applicant proposes enhanced landscaping in the proposed five-foot wide landscape planter along the perimeter loop street consisting of densely planted trees. The Zoning Code requires that this setback area be planted with trees and shrubs and does not require landscape materials to completely screen the proposed development. The applicant’s proposed “enhanced” landscaping throughout the project exceeds code requirements in order to minimize visual impacts on adjacent residential properties. Twenty-five 23-foot long by five-foot wide landscape fingers are proposed in the parking lot area around the perimeter of the site. These landscape fingers would be planted with large canopy trees that would grow tall enough to obstruct the view of the project from residential properties. Line-of-sight drawings have been provided to illustrate that the views from the existing residences looking toward the project will be obstructed once these fast growing trees have matured in approximately two to three years. Staff believes the layered, enhanced landscaping that is provided within the five-foot wide planter, along the perimeter street and within the landscaped parking lot fingers, when combined, will achieve or exceed the same visual screening that would be provided by a continual 10-foot wide planter. Modified Distance Separations Between Buildings: Code requires a minimum 40-foot separation between buildings with parallel walls that are designated as “primary” walls. Primary walls are building walls that contain the main unit entrance. The applicant proposes a separation of 24 to 34 feet between five of the proposed 13 buildings. The applicant has designed the opposing building walls in a manner that ensures adequate privacy and additional landscaping between these building walls is also proposed to provide increased visual interest. The reduced building separation distances are adequate because the development provides architectural variety and promotes social interaction through design which lessens the distinction between those buildings with greater distance separation. Staff supports the request for modified building separations because the design of the opposing building walls and increased landscaping will ensure that privacy is achieved while maintaining overall quality project design. Tentative Tract Map: The proposed tentative tract map includes eight numbered and six lettered lots. The lettered lots are designated for streets and landscaped areas along the perimeter of the project and the numbered lots are designated for the building pads and interior drive-aisles. The development would be served by two driveway entrances into the project with a private “loop” street which accesses five interior drive aisles leading to garage entrances for the units. The City Engineer has approved a request by the developer for a modification to the private street in front of units 37 through 43, which are located on the easterly portion of the project site. As configured, units 37 through 43 are the only units that front the private street and would need to provide a 4-foot sidewalk and 6 foot parkway adjacent to the curb. The modified street section will allow for usable private patio/outdoor living area while still providing the required sidewalk. Interior pedestrian access is provided by a five-foot wide sidewalk adjacent to Lincoln Avenue. Four-foot wide interior sidewalks and paseos will create pedestrian connectivity to the units and community amenity areas. The proposed subdivision is consistent with the RM-3 zone which implements the Low-Medium Density Residential land use designation of the Anaheim General Plan and the recently adopted Residential Opportunity Overlay Zone. Staff recommends approval of the tentative tract map request. TENTATIVE TRACT MAP 17657, CONDITIONAL USE PERMIT NO. 2013-05687 January 13, 2014 Page 4 of 4 Neighborhood Outreach: Applicant representatives from Lennar held a community meeting at the Downtown Community Center on November 4, 2013. The applicant, project engineer, staff and five residents were in attendance. Resident concerns included landscaping, privacy, security, lighting, perimeter wall height, traffic impacts and noise. During the meeting, the Lennar representative stated that fast growing trees to provide visual screening of the project would be planted; an eight-foot high block wall around the perimeter of the project would be installed; light pole fixtures would be down-lit to eliminate glare onto the residential properties; and, noted that traffic generated from the residential project would be less than the current transit uses on the property. Residents stated that they were not opposed to the project subject to conditions of approval that would minimize potential impacts on their properties. CONCLUSION: Staff recommends approval of the requested conditional use permit and tentative tract map because the proposed project is compatible with surrounding land uses. The proposed project would also support the housing production goals contained in the City’s adopted Housing Element which identifies this property as a housing opportunity site. In addition, the proposed project is designed in a manner that will provide a quality living environment for its future residents. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Acting Planning Services Manager Attachments: 1. Aerial and Vicinity Maps 2. Draft Tentative Tract Map Resolution 3. Draft Conditional Use Permit Resolution 4. Project 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. Site, Tentative Tract and Landscape Plans 6. Elevations Plans 7. Floor Plans 8. Site Photographs 9. Project Summary Table C -G C O M M E R C IA L U S E S RM-4LINCOLN ELEMENTARY SCHOOL R M -4 A P A R T M E N T S 1 5 D U C-GNURSI NG HOMEC -GVE T C -G O F F IC E S RS-2SI NGLE FAMI LY RESI DENCERS-2RETAI LC -G M E D IC A L O F F IC E R S -2 S IN G L E F A M IL Y R E S ID E N C ERS-2SI NGLE FAMI LY RESI DENCEC -G M E D IC A L O F F IC E RS-2SINGLE FAMILY RESIDENCE C -GRETA IL R S -2 O F F IC E S R M -3 D U P L E X C -G T H E L E M O N T R E E H O T E L O N L IN C O L N R S -2 S IN G L E F A M IL Y R E S ID E N C ERS-2SI NGLE FAMI LY RESI DENCEO-LMEDICAL OFFICERS-2SI NGLE FAMI LY RESI DENCEO -L O F F IC E S C -G F O U R P L E X RS-2SINGLE FAMILY RESIDENCE R S -2 S IN G L E F A M IL Y R E S ID E N C E RS-2SI NGLE FAMI LY RESI DENCERS-2SI NGLE FAMI LY RESI DENCERS-2SI NGLE FAMI LY RESI DENCERS-2SI NGLE FAMI LY RESI DENCERS-2SI NGLE FAMI LY RESI DENCER S -2 S IN G L E F A M IL Y R E S ID E N C E R S -2 S IN G L E F A M IL Y R E S ID E N C E C-GAPARTMENTS9 DUE L IN C O L N A V EN LARCH STE C E D A R S T N EVERGREEN STS DATE STN EVELYN DRN SPRUCE DRE B IR C H S T S ELDER STE C E N T E R S T E O A K P L E. LINCOLN AVE E. LA PALMA AVEN. EAST STE. SOUTH STS. EAST STE . B R O A D W A Y S. STATE COLLEGE BLVDN. ANAHEI M BLVDN. SUNKIST STE . B R O A D W A Y 1 5 3 1 -1627 East Linc oln Avenue D EV No. 2 0 13-00083 Subject Property APN: 035-270-26035-270-28035-270-23035-270-25035-270-22035-270-29 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 E L IN C O L N A V EN LARCH STE C E D A R S T N EVERGREEN STS DATE STN EVELYN DRN SPRUCE DRE B IR C H S T S ELDER STE C E N T E R S T E O A K P L E. LINCOLN AVE E. LA PALMA AVEN. EAST STE. SOUTH STS. EAST STE . B R O A D W A Y S. STATE COLLEGE BLVDN. ANAHEI M BLVDN. SUNKIST STE . B R O A D W A Y 1 5 3 1 -1627 East Linc oln Avenue D EV No. 2 0 13-00083 Subject Property APN: 035-270-26035-270-28035-270-23035-270-25035-270-22035-270-29 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 12 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17657 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00083) (1531-1627 EAST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified Petition for Tentative Tract Map No. 17657 to establish a 14-lot airspace condominium subdivision to permit the construction of 76-condominium units, including six lettered lots for non-residential purposes (the "Proposed Project"), for that certain real property located at 1531-1627 East Lincoln Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Tentative Tract Map No. 17657 is proposed in conjunction with Conditional Use Permit No. 2013-05687; and WHEREAS, the Property, consisting of approximately 4.65-acres, is currently developed with commercial and residential uses proposed to be demolished as part of the Proposed Project. The Anaheim General Plan designates the Property for Low-Medium Density Residential land uses. The underlying zone of the Property is the "C-G" General Commercial Zone; however, the Property is also located within the Residential Opportunity (RO) Overlay Zone, which is consistent with the designation of the Property under the Anaheim General Plan and provides that the Property may be developed in accordance with the uses and requirements of the "RM-3" Multiple-Family Residential Zone designation under Chapter 18.06 (Multiple- Family Residential Zone) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 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 the proposed Project 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 Supplemental Environmental Impact Report No. 346 ("SEIR 346"), certified in conjunction with the City’s General Plan Update program, is all that is necessary in connection with the Proposed Project and its approval and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to SEIR 346 have occurred; and - 2 - 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 pertaining to the Proposed Project, does find and determine the following facts: 1. That the proposed tentative tract map for condominium purposes, including its design and improvements, is consistent with the Low-Medium Density Residential land use designation of the Anaheim General Plan and the "RM-3" Multiple-Family Residential Zone and with the zoning and development standards contained in Chapters 18.06 (Multiple-Family Residential Zone), as implemented by Chapter 18.34 (Residential Opportunity (RO) Overlay Zone), of the Code; 2. That the site is physically suitable for the type and size of the Proposed Project; 3. That the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. No sensitive environmental habitat has been identified on the Property. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems, since any new structures and associated improvements will be constructed on the Property in compliance with requirements of the Code; and 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Tentative Tract Map No. 17657, subject to and contingent upon the approval of Conditional Use Permit No. 2013-05687, now pending, and upon satisfaction of 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 said 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 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 January 13, 2014. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 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 13th day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 17657 (DEV2013-00083) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A GRADING PERMIT 1 The water quality management plan shall address the following items: • The WQMP shall include additional information such as soils analysis, prior contamination, depth to groundwater, etc. to determine the acceptability and capability of this site to use infiltration. • The criteria identified in the DAMP in order to allow infiltration to occur on a site must be evaluated and deemed adequate for the determination to be made to infiltrate onsite. • The applicant shall obtain approval for infiltration from the City and from the Orange County Water District. The City will coordinate the review of this proposed infiltration system to obtain comments. • The WQMP and grading plans shall show that flows are conveyed to the infiltration areas. The WQMP shall show the required pretreatment for any focused infiltration. The pretreatment system may be landscape swales, filter strips or bio-retention areas (rain gardens), prior to reaching the infiltration system. Public Works Department, Development Services Division 2 The property owner shall submit project improvement plans that incorporate the required any drainage improvements and the mechanisms proposed in the approved Drainage Report. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. Public Works Department, Development Services Division 3 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. Public Works Department, Development Services Division 4 That the developer/owner shall submit a set of improvement plans for Public Utilities Public Utilities, Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities, Water Engineering 5 That individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial Public - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY unit per Rule 18 of the City of Anaheim’s Water Rates, Rules and Regulations. Utilities, Water Engineering PRIOR TO FINAL MAP APPROVAL 6 All lots shall be assigned street addresses by the Building Division. The street names for the private streets shall be submitted to and approved by the Building Division. Planning Department, Building Division 7 The vehicular access rights to Lincoln Avenue shall be released and relinquished to the City of Anaheim, except at approved private street openings. Public Works Department, Development Services Division 8 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Lincoln Avenue, the private street name signs and the Private Streets. The covenant shall be recorded concurrently with the final map. Public Works Department, Development Services Division 9 Street improvement plans shall be submitted for improvements along the frontage of Lincoln Avenue and the private streets. Improvements shall conform to the City Standards and as approved by the City Engineer. Parkway landscaping and irrigation shall be installed on the public and the private streets. Prior to final map approval, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works Department, Development Services Division 10 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. Public Works Department, Development Services Division 11 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Public Utilities, Water Engineering Division. The easements shall be granted on the Public Utilities, Water Engineering Division of the Public Public Utilities, Water Engineering - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Utilities Department’s standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & Rs for the project. 12 That the developer/owner shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Public Utilities, Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements. Public Utilities, Water Engineering 13 That the developer/owner shall submit to the Public Utilities Department Public Utilities, Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities, Water Engineering 14 That water improvement plans shall be submitted to the Public Utilities, Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities, Water Engineering 15 That water improvement plans shall be submitted to the Public Utilities, Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities, Water Engineering 16 That all existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities, Water Engineering PRIOR TO THE ISSUANCE OF A BUILDING PERMIT - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 17 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Planning Department, Building Division 18 Excluding model homes, the final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Public Works Department, Development Services Division 19 Plans shall be submitted showing stop control for both driveways. A stop sign shall be installed and stop legend shall be painted on both driveways in the southbound direction at Lincoln Avenue prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Department, Traffic Engineering 20 Street improvement plans shall be submitted for all traffic related improvements adjacent to the project site to the Public Works Department, Development Services Division for review and approval. These plans will show both sides of all streets and alleys adjacent to the property, including all driveways and utility installations, signing and striping. All improvements shall be installed and completed prior to the first final building and zoning inspection. Public Works Department, Development Services Division 21 A bond shall be posted for all street and traffic related street improvements, including, but not limited to, directional signage, striping, and median islands as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. Public Works Department, Development Services Division 22 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works Department, Traffic Engineering 23 That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Public Utilities, Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Public Utilities, Water Engineering and Cross Connection Public Utilities, Water Engineering - 9 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Control Inspector. 24 That all requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Public Utilities, Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 25 That if this is a non-individual homeowner project with a landscaping area (including pools or other Water features) exceeding 2,500 square feet, a Landscape Documentation Package and a Certification of Completion are required and a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim municipal Code and Ordinance No. 6160 relating to landscape water efficiency. Public Utilities, Water Engineering PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 26 The required public improvements shall be installed prior to final zoning and building inspection. Public Works Department, Development Services Division 27 The developer shall improve the streets as follows: 1) improve private streets as approved by the City Engineer, 2) improve Lincoln Avenue per the East Lincoln Avenue Corridor Master Plan or as approved by the City Engineer (public). Public Works Department, Development Services Division 28 ADA compliant curb access ramps with truncated domes shall be constructed at the intersections of Lincoln Avenue on both sides of the private street in conformance with Public Works Standard Detail 111-3. Public Works Department, Development Services Division 29 All required WQMP items shall be inspected and operational. Public Works Department, Development Services Division 30 All required public street, landscaping, irrigation, sewer and drainage improvements shall be constructed prior to final building and zoning inspections and are subject to review and approval by the Construction Services inspector. Public Works Department, Development Services Division - 10 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 31 Fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Public Works Department, Traffic Engineering 32 That landscaping shall be provided around the above ground large meter or fire service to shield from street view. Public Utilities, Water Engineering GENERAL 33 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of- way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C, C & R’s for the project and the City easement deeds. Public Utilities, Water Engineering 34 A minimum of two connections to public water mains and water looping inside the project are required. Public Utilities, Water Engineering 35 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: - 10-feet minimum separation (outside wall-to- outside wall) from sanitary sewer mains and laterals - 5-feet minimum separation from all other utilities, including storm drains, gas, and electric - 3 or 6-feet minimum separation from curb face Public Utilities, Water Engineering 36 No public water main or public water facilities shall be installed in private alleys, paseo areas, or cul-de-sacs. Public Utilities, Water Engineering 37 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities, Water Engineering 38 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hershey Residential Fire Meter with Translator Register, no equals. Public Utilities, Water Engineering - 11 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 39 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 40 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 41 Subject property shall be developed, maintained and operated 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 [DRAFT] ATTACHMENT NO. 3 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05687 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00083) (1531-1637 EAST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for the approval of Tentative Tract Map No. 17657 and Conditional Use Permit No. 2013-05687 with modified landscape setback and building separation requirements to establish a 14-lot, 76-unit condominium subdivision, including six lettered lots for non-residential purposes, (the "Proposed Project") for that certain real property located at 1531-1637 East Lincoln 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"); WHEREAS, Section 18.06.160 (Residential Planned Unit Development) of the Anaheim Municipal Code (the "Code") permits the modification of, among other things, certain setback standards through an application for a conditional use permit. The request for Conditional Use Permit No. 2013-05687 includes proposed modifications to the minimum requirements for (i) the landscaped portion of a setback for structures abutting a single-family residential zone or located within 150 feet of a single-family residential zone, and (ii) the building separation requirements between two parallel facing walls for five (5) of the buildings within the Proposed Project; and WHEREAS, the Property, consisting of approximately 4.65-acres, is currently developed with commercial and residential uses proposed to be demolished as part of the Proposed Project. The underlying zone of the Property is the "C-G" General Commercial Zone; however, the Property is also located within the Residential Opportunity (RO) Overlay Zone, which is consistent with the designation of the Property under the Anaheim General Plan and provides that the Property may be developed in accordance with the uses and requirements of the "RM-3" Multiple-Family Residential Zone designation under Chapter 18.06 (Multiple-Family Residential Zone) of the Code. The Anaheim General Plan designates the Property for Low- Medium Density residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2014, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against Conditional Use Permit No. 2013-05687, concurrently with proposed Tentative Tract Map No. 17657, 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 Supplemental Environmental Impact Report No. 346 - 2 - PC2014-*** ("SEIR 346"), certified in conjunction with the City’s General Plan Update program, is all that is necessary in connection with the Proposed Project and its approval and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to SEIR 346 have occurred; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Proposed Project, with incorporation of the following described modifications, does find and determine the following facts: SECTION NO. 18.06.090.040 Minimum Landscape Setback adjacent to a single-family residential zone. (10 feet required; 5 feet proposed). SECTION NO. 18.06.090.050 Minimum Setback distance between buildings. (40 feet required; 24 to 34 feet proposed for 5 of the 13 buildings). 1. The proposed conditional use permit is properly one for which a conditional use permit is authorized under 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, with the exception of the proposed modifications, the Proposed Project will conform with the uses and requirements of the "RM-3" Multiple-Family Residential Zone designation under Chapter 18.06 (Multiple-Family Residential Zone) of the Code and provide a compatible Lincoln Avenue street frontage as related to the scale, mass, bulk, and orientation of existing buildings. Furthermore, the Proposed Project will further the goal of the General Plan to provide a variation of residential style and dwelling units along a major arterial while providing privacy, security, and visual interest; 3. The size and shape of the site proposed for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to either the particular area or health and safety because the construction of condominium units with modified landscape setback and building separations provides adequate structural separation, enhanced landscape screening within the perimeter setback area of the Proposed Project and adjacent to the buildings with reduced distance separations; 4. The traffic generated by the proposed 76-unit condominium 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 volume of traffic planned for the streets and highways in the area. Further, adequate vehicular and pedestrian ingress and egress is provided via two vehicular drive-way entrances for the Proposed Project from Lincoln Avenue and pedestrian access into and throughout the Proposed Project is provided via a network of interconnected sidewalks and paseos; and - 3 - PC2014-*** 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. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013-05687, subject to and contingent upon the approval of Tentative Tract Map No. 17657, now pending, and upon satisfaction of 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 said 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 conditions, (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 this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations 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 approval of this application constitutes approval of the Proposed Project only to the extent that it complies with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (Zoning Provisions - General) of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 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 13th day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05687 (DEV2013-00083) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 An address monument and/or complex map should be positioned to be readable from the main vehicular or pedestrian access point(s) without causing vehicular stacking. It should be illuminated during the hours of darkness. Police Department 2 Each individual building and unit should be clearly marked with its appropriate building number and address. These should be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers should be a minimum height of 12” and illuminated during the hours of darkness. Police Department 3 All exterior doors shall have adequate security hardware, e.g. deadbolt locks. Locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. Police Department 4 Wide-angle peepholes or other viewing device should be designed into all dwelling-unit front doors and all solid doors where exterior visibility is compromised. Police Department 5 Adequate lighting of parking lots and associated carports, circulation areas, aisles, 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 persons, property, and vehicles on-site. Police Department 6 All pole lighting shall be down-lit so not to illuminate onto adjacent residential properties. Planning Department, Code Enforcement Division 7 “No Trespassing 602(k) P.C.” posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department 8 All entrances to parking areas should be posted with appropriate signs per 22658(a) C.V.C. to assist in removal of vehicles at the Police - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY property owner’s/manager’s request. Department 9 Emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. Police Department 10 On-going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement 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 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 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 Division and as conditioned herein. Planning Department, Planning Services Division ATTACHMENT NO. 4 SHEET T1 DEVELOPER ARCHITECT LANDSCAPE ARCHITECT CIVIL ENGINEER KTGY Group, Inc . 17922 Fitch Irvine, California 92614 ktgy.com 949 851 2133 DATE: NOVEMBER 19, 2013 ATTACHMENT NO. 5 TENTATIVE TRACT MAP NO. 17657 City of Anaheim FOR CONDOMINIUM PURPOSES SITE PLAN SHEET C3 EXISTING RESIDENTIALON LARCH STREET6" TO 18" BELOWPROJECT SITEPROPERTY LINEPROJECT BUILDINGNARROW UPRIGHT TREETO SCREEN BUILDING8' HIGH BLOCK WALLPERIMETER/ PARKINGLOT TREE WITHSHRUBSINTERIOR ALLEYEXISTING TREELINE OF SIGHTEXISTING RESIDENTIALON CEDAR STREET6" TO 18" BELOW PROJECT SITELINE OF SIGHTPROPERTY LINEPROJECT BUILDINGUPRIGHT EVERGREENTREE TO SCREENBUILDING8' HIGH BLOCK WALLPERIMETER/PARKINGLOT TREE WITHSHRUBSINTERIOR ALLEYEXISTING TREELINE OF SIGHTEXISTING RESIDENTIALON EVERGREEN STREET6" TO 12" ABOVEPROJECT SITE8' HIGH BLOCK WALLINTERIOR STREETPROPERTY LINEPERIMETER/PARKINGLOT TREE WITH SHRUBSPROJECT BUILDINGUPRIGHT EVERGREENTREE TO SCREENBUILDING5'18'-0"FINGER PLANTER26'-0"4'EXISTING HOUSE SET BACK VARIES(22'-48')LINCOLN SQUARE - 76 DWELLING UNITSLENNAR HOMES of CALIFORNIA04'8'16'NOVEMBER 19, 2013SCALE: 1" = 8'-0"PREPARED BY:CLARK & GREEN ASSOCIATESLANDSCAPE PLAN SHEET L-2ELEVATION 'A'ELEVATION 'B'ELEVATION 'C'5'-0"LANDSCAPESETBACK18'-0"FINGER PLANTER26'-0"6'-0"PLANTINGEXISTING HOUSE SET BACK VARIES(22'-48')5'-0"LANDSCAPESETBACK'18'-0"FINGER PLANTER26'-0"4'SIDEWALKEXISTING HOUSE SET BACK VARIES(22'-48')6'-0"PLANTING5'LANDSCAPESETBACK'18'-0"FINGER PLANTER26'-0"4'SIDEWALKEXISTING HOUSE SET BACK VARIES(22'-48')55'-0" BUILDING SETBACK59'-0"(MIN. 55'-0" BUILDING SETBACK)61'-0"(MIN. 55'-0" BUILDING SETBACK)J:\P13\13-098 Lincoln Townhouse\Design Exhibits\Lincoln Sq. Landscape Exhibit_11-18-13.dwg, 11/19/2013 10:20:56 AM, 1:12 ATTACHMENT NO. 6 TENTATIVE TRACT MAP NO. 17657 City of Anaheim FOR CONDOMINIUM PURPOSES SITE PLAN SHEET C3 136'-10"36'-0"40'-4"136'-10"38'-0"136'-10"40'-0"138'-10"ScaleArchitecture+Planning17922 FitchIrvine, CA 92614949.851.2133ktgy.comFirst FloorPlan 2Plan 1Plan 4Plan 1Plan 2Plan 3Plan 3Plan 2Plan 1Plan 2Plan 1Plan 4Plan 3Plan 2Plan 1Plan 2Plan 1Plan 4Second FloorThird FloorRoof Plan0 4 8163:12 Roof Pitch16" Overhang Typ. ScaleArchitecture+Planning17922 FitchIrvine, CA 92614949.851.2133ktgy.com1. Right Elevation2. Front ElevationKey Map n.t.s.152Key Map n.t.s.16430 2 48Matchline2. Front Elevation12 DECORATIVEGABLE END VENTSMaterial Legend1. Stucco, Light Sand Finish2. Metal Railing3. Vinyl Window4. Composite Shutter5. Concrete "S" Tile Roof6. Plaster Finish Trim or Similar7. Metal Decorative Accent8. Light Fixture9. Wainscot10. Corbel11. Fiberglass Entry Doors(Varying Panel Design as Shown12. Decorative Gable End Vents13. Address Sign14. Utility Cabinet Door(Flat Panel Paint to Match Adjacent Surface)15. Gutters & Down Spouts16. Metal Sectional Garage Door7Matchline 12141598112104 ScaleArchitecture+Planning17922 FitchIrvine, CA 92614949.851.2133ktgy.com1. Left Elevation2. Rear ElevationKey Map n.t.s.211Key Map n.t.s.6502482. Rear ElevationMatchline Matchline 154Material Legend1. Stucco, Light Sand Finish2. Metal Railing3. Vinyl Window4. Composite Shutter5. Concrete "S" Tile Roof6. Plaster Finish Trim or Similar7. Metal Decorative Accent8. Light Fixture9. Wainscot10. Corbel11. Fiberglass Entry Doors(Varying Panel Design as Shown12. Decorative Gable End Vents13. Address Sign14. Utility Cabinet Door(Flat Panel Paint to Match Adjacent Surface)15. Gutters & Down Spouts16. Metal Sectional Garage Door1316986312229104 22'-0"29'-6"WICMasterBathDnBed 211'-9"x10'-0"Bath2MasterBed12'-4"x12'-9"Lin.Roof BelowRoof Below22'-0"34'-0"UpKitchenGreatRoom17'-0"x21'-11"Balcony10'-0"x5'-0"Pan.Pwdr.Coat22'-0"34'-0"EntryGarage21'-5"x20'-3"Den12'-5"x12'-6"TrashRecycleScaleArchitecture+Planning17922 FitchIrvine, CA 92614949.851.2133ktgy.comFirst FloorPlan 12 BEDROOM+DEN / 2.5 BATH1,482 SQ. FT. NETSecond FloorThird Floor0 2 48ATTACHMENT NO. 7 22'-0"33'-2"Lin.MasterBed12'-1"x13'-6"WICMasterBathRoof BelowBed 211'-7"x12'-4"Bath 2DnLin.22'-0"36'-6"UpLau.DnGreatRoom15'-2"x22'-4"Balcony10'-9"x4'-7"Pan.CoatPwdr.Kitchen22'-0"36'-6"EntryGarage21'-5"x20'-1"Den11'-4"x9'-5"WICBath 3TrashRecycleScaleArchitecture+Planning17922 FitchIrvine, CA 92614949.851.2133ktgy.comFirst FloorPlan 22 BEDROOM+DEN / 3.0 BATH1,673 SQ. FT. NETSecond FloorThird Floor0 248 24'-0"MasterBed12'-6"x12'-7"WICMasterBathRoof BelowBed 211'-6"x12'-3"Bath 2DnLau.Lin.38'-0"24'-0"KitchenLivingRoom17'-3"x16'-4"Balcony11'-3"x4'-8"CoatPan.Pwdr.DiningRoom11'-3"x17'-2"40'-4"24'-0"EntryGarage21'-5"x20'-4"UpBed 310'-3"x10'-2"Bath 336'-0"UTILITYCABINET(WHEREOCCURS)TrashRecycleScaleArchitecture+Planning17922 FitchIrvine, CA 92614949.851.2133ktgy.comFirst FloorPlan 33 BEDROOM+DEN / 3.5 BATH1,804 SQ. FT. NETSecond FloorThird Floor0 248 24'-0"40'-0"MasterBed14'-6"x12'-5"MasterBathBed 310'-11"x10'-2"Bath 2WICBed 210'-2"x10'-2"Lau.24'-0"40'-0"UpKitchenGreatRoom17'-5"x28'-3"Balcony6'-2"x10'-2"CoatPan.Pwdr.DnMorningRoom9'-8"x10'-8"24'-0"36'-0"EntryGarage21'-5"x20'-4"UpBed 410'-2"x12'-2"Bath 4UTILITYCABINET(WHEREOCCURS)TrashRecycleScaleArchitecture+Planning17922 FitchIrvine, CA 92614949.851.2133ktgy.comFirst FloorPlan 44 BEDROOM+DEN / 3.5 BATH2,034 SQ. FT. NETSecond FloorThird Floor0 248 ATTACHMENT NO. 8 PROJECT SUMMARY Development Standard Proposed Project RM-3 Standards Site Area 4.65 acres - Site Area per Dwelling Unit 2,665 sq. ft. 2,400 sq. ft. Density 16.4 du/ac 18 du/ac max. Lot Width 578 feet 70 feet Building Height 36 feet 40 feet Floor Area Two Bedrooms: 1,482 - 1,673 sq. ft. Three Bedrooms: 1,804 sq. ft. Four Bedrooms: 2,034 sq. ft. Two Bedrooms: 825 sq. ft. Three Bedrooms: 1,000 sq. ft. Four Bedrooms: 1,200 sq. ft. Maximum Site Coverage 30% 45% Required Structural Setback adjacent to Single-Family Residential Zone 55 feet 55 feet Required Landscape Setback 5 feet proposed 10 feet Setbacks Between Buildings Primary Wall Distance Separation 24-34 feet 40 feet Setbacks Between Buildings Secondary Wall Distance Separation 30+ feet 15 feet Recreational Leisure Area 444 sq. ft./du 350 sq. ft./du Parking 26 - 2 Bedroom Units 37 - 3 Bedroom Units 13 - 4 Bedroom Units 76 Total Bedrooms 2.25 spaces per unit and 3.0 space for 3 bedrooms units 0.5 space for each bedroom over 3 235 spaces 197 spaces required ATTACHMENT NO. 9 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 11 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 13, 2014 SUBJECT: UPDATE TO THE CITY’S HOUSING ELEMENT; GENERAL PLAN AMENDMENT NO. 2013-00489 LOCATION: Citywide REQUEST: This is a City-initiated request to amend the City’s General Plan by updating its Housing Element for the 2014-2021 planning period. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution determining that previously-certified Supplemental Environmental Impact Report No. 346 is the appropriate environmental documentation for this request and recommending City Council approval of General Plan Amendment No. 2013-00489. BACKGROUND: The Housing Element is a required element of the City’s General Plan that addresses the housing needs of current and future Anaheim residents. It is the only General Plan element that requires review and certification by the State of California Department of Housing and Community Development (HCD). The Housing Element analyzes the City’s housing needs, in the context of available resources and existing constraints, and includes policies to meet these needs. The current Housing Element was approved by the City Council on August 11, 2009, and provides housing policy for the 2006-2014 planning period. In the past, State law required that Housing Elements be updated every four years. However, recent changes to the law extended the planning period to an eight year cycle, provided that a city’s Housing Element is adopted by February 12, 2014. If adopted after this deadline, then a city must revert back to a four year review cycle. In September 2012, the City retained the services of RBF Consulting to assist in the preparation of the Housing Element update. In spring 2013, the City commenced an extensive public outreach effort that included a series of public workshops. Notices for these workshops were published in a local newspaper and prominently posted at City Hall and at local libraries. The workshops were also publicized to each of the City’s four Neighborhood Councils and through various local service and religious organizations. In addition, organizations that represent the interests of lower income and special needs households, or are otherwise involved in the development of affordable housing, were invited to participate in the public workshops. Workshop GENERAL PLAN AMENDMENT NO. 2013-00489 January 13, 2014 Page 2 of 5 notices and materials were provided in both English and Spanish. The Planning Department also created a Housing Element web page that included an on-line survey that allowed the community to share its thoughts and ideas on a wide variety of housing-related issues. Input was also gathered at other community events including the annual Cinco de Mayo festival held at La Palma Park and the West Anaheim BBQ held at Twila Reid Park. In March 2013, the City Council appointed a 10-member Housing Element ad hoc committee. Each Councilmember appointed one Anaheim resident and one stakeholder, who need not reside in the City, to the Committee. The Committee met several times over nine months and was tasked with reviewing and providing comments on the entire draft Housing Element. In September 2013, the City Council reviewed the Element’s draft policy program and authorized transmittal of the Draft 2014-2021 Housing Element to HCD for its review. During the months of November and December 2013, the City and its consultant worked with HCD to demonstrate the document’s compliance with State law. Following its review of the Draft Housing Element, HCD commended the City for its ongoing efforts towards facilitating the construction of affordable housing for extremely-low income households and for special needs households. HCD also praised the City for its efforts to promote affordable in-fill development through the recent adoption of the Residential Opportunities Overlay Zone and by streamlining its environmental review and permitting processes. On December 2, 2013, HCD issued a letter indicating that the Draft Housing Element complies with all State law requirements. This letter is included as Attachment 2 to this report. The remaining steps necessary to achieve full HCD certification involve Planning Commission and City Council review and approval of the General Plan Amendment necessary to adopt the 2014-2021 Housing Element. PROPOSAL: The requested General Plan Amendment is proposed to replace the current Housing Element with the 2014-2021 Housing Element. The Draft Housing Element is organized into four chapters and four appendices described as follows: • Chapter 1: Introduction - Explains the purpose, process and contents of the Housing Element. • Chapter 2: Housing Needs - Describes the demographic, economic and housing characteristics of Anaheim, as well as the current and projected housing needs. • Chapter 3: Resources and Constraints - Analyzes existing and potential governmental and non- governmental constraints to the maintenance, preservation, conservation and development of housing. • Chapter 4: Housing Policy Program – Includes detailed policies and programs the City will implement during the planning period to address the City’s housing goals. • Appendix A: Community Outreach - Describes the citizen participation efforts used to gather input for the Housing Element, including the efforts of the Housing Element Ad Hoc Committee. • Appendix B: Residential Land Resources - Analyzes the City’s ability to meet Regional Housing Needs Assessment (RHNA) obligations and preserve government assisted affordable housing. GENERAL PLAN AMENDMENT NO. 2013-00489 January 13, 2014 Page 3 of 5 • Appendix C: Review of 2006-2014 Housing Element Performance - Evaluates the City’s progress in implementing the goals and policies of the 2006-2014 Housing Element. • Appendix D: Glossary of Housing Terms - Provides definitions for the certain terms used in the Housing Element. ANALYSIS: The State Department of Finance (DOF) is responsible for projecting statewide housing demand, with HCD apportioning this demand to each of the state’s regions. The Southern California Council of Governments (SCAG), in cooperation with the various sub-regional councils of governments, allocates the region’s projected housing to each jurisdiction. This process is called the Regional Housing Needs Assessment (RHNA). The City of Anaheim’s RHNA allocation for the 2014-2021 planning period is 5,702 units broken down into the following income categories: Income Category Income Range Anaheim Regional Share Allocation (Dwelling Units) Extremely-Low Income 0-30% MFI* <$25,590 628** Very-Low Income 30%-50% MFI* $25,590-$42,650 1,256 Low Income 51%-80% MFI* $42,651-$68,240 907 Moderate Income 81%-120% MFI* $68,241-$102,360 1,038 Above-Moderate Income > 120% MFI* >$102,360 2,501 *MFI Median Family Income ($85,300 for Orange County - 2012) **50% of the units allocated to the very-low income category must be affordable to extremely low income households (households with incomes less than 30% of the Median Family Income) State law requires that a city demonstrate it has adequate sites to meet its allocations. An analysis of land resources must be completed that takes into consideration zoning, development standards, and the availability of public services and facilities to accommodate a variety of housing types and incomes. The City must demonstrate that it has capacity or adequate sites to accommodate projected need for housing. It is not required to ensure that these units are built. The City is only required to ensure that the tools and policies are in place to allow such housing to be developed by the private market during the planning period. Through its review of the Draft Housing Element, HCD has determined that the City has satisfied this requirement, largely as a result of the recently completed Residential Opportunities Overlay Zone program. This program allows housing development “by-right” on over 200 parcels throughout the City at densities suitable to accommodate both market rate and affordable housing. In addition to providing adequate sites, the City has a clearly demonstrated record of success in providing financial assistance, incentives, and programs to encourage and assist in the development of housing for lower and moderate income households. As indicated in the Draft Housing Element, the City met or exceeded its stated affordable housing production goals, or Quantified Objective, during the 2006-2014 Planning Period. The Quantified Objective represents the number of housing GENERAL PLAN AMENDMENT NO. 2013-00489 January 13, 2014 Page 4 of 5 units, per income category, that the City believes can be built during the planning period given its anticipated resources and constraints. For example, in the Extremely Low Income category, the City exceeded its goal by 335 units with a total of 455 units produced. In the Very-Low and Low Income categories, the City came close to meeting its goal of 668 units with the construction of 661 units. Although the City’s housing production efforts were impressive during the last planning period, the demise of Redevelopment in California has significantly degraded the City’s ability to assist in the production of affordable housing. However, the City will continue its efforts to seek new alternative funding or financing mechanisms in the absence of Redevelopment funding. Given the City’s limited available financial resources, it is expected that up to 710 affordable housing units and 3,507 market rate units can be developed during the 2014-2021 Planning Period. The City’s Quantified Objective for the 2014-2021 Planning Period is illustrated in the following chart: 2014-2021 QUANTIFIED OBJECTIVE Income Category Income Range Dwelling Units Extremely-Low Income 0-30% MFI* <$25,590 146* Very-Low Income 30%-50% MFI* $25,590-$42,650 292 Low Income 51%-80% MFI* $42,651-$68,240 378 Moderate Income 81%-120% MFI* $68,241-$102,360 40 Above-Moderate Income > 120% MFI* >$102,360 3,507 *50% of the units allocated to the very-low income category must be affordable to extremely low income households (households with incomes less than 30% of the Median Family Income) The Housing Element’s policy program, included in Chapter 4 of the document, includes several key strategies aimed at ensuring that the City is able to address its housing needs. Key strategies include the following: • Strategy 1A: The City will continue to explore alternative funding and financing mechanisms on an on-going basis with an annual review of its efforts. • Strategy 1B: The City will re-evaluate its expedited processing program for affordable housing development, aimed at reducing housing production costs, by January 1, 2015 and implement any necessary process refinements by June 30, 2015. • Strategy 1L: The City will re-evaluate its emergency shelter and transitional/supportive housing zoning standards by January 1, 2015 and implement any necessary refinements by June 30, 2015. • Strategy 1M: The City will re-examine its residential development standards, entitlement processes and fees to ensure their reasonableness and effectiveness in support of future residential development by December 31, 2014. GENERAL PLAN AMENDMENT NO. 2013-00489 January 13, 2014 Page 5 of 5 • Strategy 2D: The City will re-assess its list of Priority III and IV neighborhoods to ensure that these neighborhoods remain properly classified. In addition, the City will seek to identify other neighborhoods that are exhibiting blight, or that have the potential to become blighted, for potential inclusion on the priority lists associated with the Neighborhood Improvement Program. This effort is to be completed January 2015. Public Comments: The Kennedy Commission, a non-profit organization that advocates for the housing needs of Orange County’s lower income residents, has submitted two comment letters on the Draft Housing Element. These letters, dated October 29 and December 16, 2013, are included as Attachments 3 and 4 to this report. The letters request a number of revisions and clarifications to the Draft Housing Element. Kennedy Commission staff was invited to attend the December 5, 2013 Housing Element Ad Hoc Committee meeting to share its comments. At the meeting, Kennedy Commission staff requested that the Housing Element Policy Program be amended to include a commitment to renew Anaheim’s Affordable Housing Strategic Plan. This plan, which was initially adopted by the City Council in 2005 and renewed in 2009, was primarily aimed at producing new affordable rental and for-sale housing units and rehabilitating existing affordable rental units. The construction and rehabilitation targets set by the Strategic Plan were funded nearly exclusively by Redevelopment Housing Set Aside funds. Because such funds no longer exist, the Strategic Plan is no longer being implemented. The Ad Hoc Committee did not believe it was appropriate to recommend renewal of the Strategic Plan because its primary funding source no longer exists. The Kennedy Commission also discussed its recommendation that the City commit to utilizing the limited funding sources that still do exist for affordable housing, including Supplemental Educational Revenue Augmentation Fund, or SERAF, for the production of extremely-low income affordable rental housing. However, the Ad Hoc Committee determined that the allocation of these limited funds should not be committed to one housing program and that decisions on where to spend these limited funds in the future should be left to the discretion of the City’s policy makers when, and if, such funding becomes available. Following the Kennedy Commission’s presentation, the Ad Hoc Committee determined that it would be appropriate for the organization’s concerns to be communicated to the City Council and took no action to further amend the Draft Housing Element. Minutes from the December 5 Ad Hoc Committee meeting are included as Attachment 5. CONCLUSION: Staff recommends that the Planning Commission recommend City Council approval of the requested General Plan Amendment. The Draft Housing Element effectively analyzes and addresses the City’s housing needs for the 2014-2021 planning period. The policies contained within the document reflect the City’s continued commitment towards promoting the development of housing to meet the needs of all economic segments of the community in light of available funding resources. Prepared by, Submitted by, Andy Nogal Jonathan E. Borrego Associate Planner Acting Planning Services Manager Attachments: 1. Draft Resolution 2. December 2, 2013 HCD Letter 3. Kennedy Commission Comments Letter Dated 10-29-13 4. Kennedy Commission Comments Letter Dated 12-16-13 5. Ad Hoc Committee Minutes for the Meeting on 12-5-13 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. 6. Draft 2014-2021 Housing Element [DRAFT] ATTACHMENT NO. 1 -1- PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-CERTIFIED FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2012-00346 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2013-00489 PERTAINING TO THE HOUSING ELEMENT WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, the Housing Element is one of the seven General Plan elements mandated by the State of California, as articulated in Sections 65580 to 65589.8 of the California Government Code (“State law”); and WHEREAS, the Housing Element identifies and analyzes existing and projected housing needs and includes a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement and development of housing for all economic segments of the community; and WHEREAS, on August 11, 2009, the City Council, by its Resolution No. 2009-141, adopted the current Housing Element, prepared for the 2006-2014 planning period; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a comprehensive update of the Anaheim General Plan, with the exception of the Housing Element, which is required to be updated within the timeframes established by State law; and WHEREAS, General Plan Amendment No. 2013-00489 proposes to amend the current Housing Element in its entirety with the 2014-2021 Housing Element, as required by State law; and, WHEREAS, the Housing Element is the only General Plan element that requires review and certification by the State of California Department of Housing and Community Development (HCD); and, WHEREAS, on September 24, 2013, the City Council approved transmittal of the of the Draft 2014-2021 Housing Element to HCD for its review; and, WHEREAS, on December 2, 2013, HCD issued a letter indicating that the Draft Housing Element complies with all State law requirements; and, WHEREAS, the Section 18.68.050 of the Anaheim Municipal Code requires the Planning Commission to either submit a recommendation for approval of said General Plan to the City Council, or disapprove the amendment; and, -2- PC2014-*** WHEREAS, before the Anaheim City Planning Commission (the "Planning Commission") recommends approval of any General Plan amendment, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) The proposed amendment maintains the internal consistency of the General Plan; (b) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; (c) The proposed amendment would maintain the balance of land uses within the City; and (d) If the amendment is to the General Plan Land Use Map, the subject property is physically suitable to accommodate the proposed modification including, but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 13, 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 the Anaheim Municipal Code, to hear and consider evidence for and against General Plan Amendment No. 2013-00489, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find: 1. That proposed General Plan Amendment No. 2013-00489 amendment maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with General Plan goals related to housing and does not require any amendments to any of the other General Plan elements and will serve the City’s growing population with future in-fill residential development; and, 2. That proposed General Plan Amendment No. 2013-00489 would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment would provide housing policy, in compliance with State law, to meet the housing needs for all economic segments of the community for the 2014-2021 planning period; and 3. That proposed t General Plan Amendment No. 2013-00489 would not amend the General Plan Land Use Map; and, therefore, does not alter the balance of land uses as currently identified in the General Plan. WHEREAS, the Planning Commission has reviewed proposed General Plan Amendment No. 2013-00489 and does hereby find that the previously-certified Final Supplemental Environmental Impact Report No. 2012-00346 ("FSEIR No. 346") is adequate to serve as the required environmental documentation in connection with proposed General Plan Amendment No. 2013-00489 upon finding -3- PC2014-*** that FSEIR No. 346 reflects the independent judgment of the lead agency and that it has considered FSEIR No. 346 together with any comments received during the public review process and further finding on the basis of FSEIR No. 346and any comments received that there is no substantial evidence that t proposed General Plan Amendment No. 2013-00489 will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve General Plan Amendment No. 2013-00489, thereby amending the Housing Element of the General Plan in its entirety with the City of Anaheim 2014-2021 Housing Element, dated December 2013, a copy of which is on file with the Planning Department and incorporated herein by this reference. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 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. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 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 13th day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION ATTACHMENT NO. 2 ATTACHMENT NO. 3 ATTACHMENT NO. 4 1 Anaheim Housing Element Ad Hoc Committee Minutes Thursday, December 5, 2013 6:30 P.M. City Hall - Helena Room 200 S. Anaheim Blvd. Anaheim, California A regular meeting of the Anaheim Housing Element Ad Hoc Committee was held on Thursday, December 5, 2013 at 6:30 pm at City Hall, 200 S. Anaheim Blvd.  Call to Order The meeting was called to order by Mr. David Barquist at 7:32 pm. Present: Abdulmageed (AB) Abdulrahman, Mike Balsamo, Phyllis Greenberg, Grant Henninger, Je’net Kreitner, and Greg McCafferty Absent: Kelly Buffa, Kandis Richardson, John Leos, and John O’Brien Staff Present: Principal Planner Jonathan Borrego, Associate Planner Andy Nogal, and Community Development Director John Woodhead Consultant Present: David Barquist and Michelle Lieberman  Public Comments Motion by Committee Member McCafferty to move public comments to after the discussion items on the agenda since no public was present at this time. Committee Member Kreitner seconded the motion which passed unanimously.  Approval of Minutes for the Meeting of August 27, 2013 Committee Member Henninger motioned to approve the minutes for the August 27, 2013 meeting as presented. The motion was seconded by Committee Member Abdulrahman and carried unanimously.  Discussion Items 1. Review of Comments/Response from HCD Review Mr. Barquist provided an overview of the HCD review process that followed the last Ad Hoc Committee meeting. The City Council approved transmittal of the draft Housing Element to the State Department of Housing and Community Development (HCD) on September 24, 2013. HCD reviewed the document from October 3 to December 2, 2013. City staff had telephone and email conversations with HCD staff during the review period and revised the draft Housing Element based on HCD’s comments. The City received a letter of substantial ATTACHMENT NO. 5 2 compliance from HCD on December 2, 2013. A summary of HCD’s comments and the changes to the draft document were provided on the screen for the Committee. 2. Review of Comments/Response from third party commenters The City received a comment letter from the Kennedy Commission during the HCD review period. Copies of the letter were provided to the Committee. Mr. Barquist commented that item number 2 in the letter from the Kennedy Commission discussed allocation of funds, but given the fluid nature of the funding environment it may be premature for the City to allocate funds. Rather, the City could outreach to third parties when the funding allocation process is underway and ask for input on identifying community needs. Committee Member McCafferty asked if formal action was needed to address the third party comments. Mr. Barquist responded that the Committee members could make comments on the draft policy program in response to third party comments if they wish. Committee Member Abdulrahman asked if the comments from the Kennedy Commission have been incorporated into the draft Housing Element or if the comments would be for future action. Mr. Barquist responded that the comments are not reflected specifically in the document, but that City staff reviewed and considered the comments. Committee Member McCafferty asked if HCD considered the Kennedy Commission’s comment letter prior to providing the City with the letter of substantial compliance. Mr. Barquist responded that HCD did receive the comment letter and discussed the comments with City staff. Motion by Committee Member Kreitner to close the discussion and ask for public comments. The motion was seconded by Committee Member Henninger and carried. Mr. Cesar Covarrubias, Executive Director of the Kennedy Commission, commended the Ad Hoc Committee for its work on the Housing Element. He asked to clarify some of the items in the Kennedy Commission letter and suggested ways in which Ad Hoc Committee members could make recommendations about policies to the City Council. Mr. Covarrubias asked the Committee to recommend to the City Council that SERAF and boomerang funds that were previously allocated for affordable housing when the Redevelopment Agency was in place be reallocated for affordable housing. Committee Member Balsamo asked if the boomerang fund amounts would be provided to the City Council in the future and if they would be provided with a comparison to the previous RDA funds. Community Development Director Woodhead said there is a trust fund that the tax increment goes in to and the Successor Agency requests these funds based on a recognized obligation schedule. If there is residual after debt is paid, the funds are treated like a regular property tax distribution to all taxing entities and there is no housing set-aside. Committee Member Henninger asked how much money would potentially come back to the City. Community Development Director Woodhead said that the Successor Agency has been using all of the available trust fund monies to date. In the future there will be some amount that comes back to the City, but not in the millions of dollars. 3 Committee Member Henninger asked what the terms are for the outstanding debt. Community Development Director Woodhead responded that some of the debt is short-term and some has terms of 15 to 20 years. Committee Member Henninger asked what entity is responsible for the bonded debt. Committee Member Woodhead said it is a debt out of the Redevelopment Agency that will be paid out of the tax increment. Committee Member Henninger asked if the amount of former tax increment returning to the City within the Housing Element planning period could be estimated. Community Development Director Woodhead said he could not estimate that amount because of current litigation that may not be resolved. Committee Member Henninger asked what happens to the money in the trust fund while litigation is ongoing. Community Development Director Woodhead said the money is distributed. Committee Member McCafferty asked to clarify if the money from the trust fund was unencumbered after paying off outstanding debt. Community Development Director Woodhead said yes. Committee Member McCafferty asked if the City Council could choose to put the money towards affordable housing. Community Development Director Woodhead said the money would flow into the general fund and then be allocated by the City Council. Committee Member McCafferty said he would not want to make a recommendation to the City Council about funding at this time. Mr. Covarrubias said he understood the comments. He commented that cities without a strategy for spending the leftover money have less of a chance to keep the money. He noted that the City of Anaheim previously had an affordable housing strategic plan and recommended that this be documented in the Housing Element. Committee Member Balsamo suggested that the Committee does not formally recommend changes to the City Council, but that the staff report reflects reallocation of the boomerang funds for affordable housing as an option for implementation. Mr. Barquist said this could be added to the staff report in discussions related to Strategy 1A in the Housing Element. Community Development Director Woodhead said new legislation, SB 341, will go into effect on January 1, 2014 and will require a low/moderate housing fund be created using the assets that were transferred to the housing successor agency and proceeds from those assets. Mr. Covarrubias suggested that SB 341 and other programs be discussed in the Housing Element as options for decision makers. Committee Member Henninger suggested that a strategy to explore funding affordable housing as property tax revenue increases from the tax increment be added to the Housing Element. Committee Member Kreitner agreed. 4 Committee Member McCafferty asked if Staff felt this strategy should be added to the Housing Element. Principal Planner Borrego said Staff felt the issue was addressed, but that the Committee could make changes at its pleasure. Committee Member Balsamo motioned to recommend these items be communicated to the City Council in the staff report or oral presentation, but that changes to the Housing Element should not be made at this point. Committee Member McCafferty seconded the motion. Committee Member Henninger commented that providing the information in the staff report and presentation to the current City Council will not ensure future City Council members are aware of it. He suggested that the Housing Element include discussion and a strategy. Committee Member Balsamo said he would not want to bind future City Councils to a strategy when there may be other priorities. Committee Member McCafferty said he would be cautious in adding in a strategy at the last minute and felt that the City Council would have flexibility to address the issue with the current draft Housing Element. Committee Member Greenberg agreed. Committee Member Balsamo withdrew his motion to allow for additional public comment. Mr. Covarrubias commented that the Kennedy Commission did not receive a written response from the City to their letter dated October 29, 2013. Committee Member Henninger noted that he did meet with the Kennedy Commission early on in the Housing Element update process to hear their concerns and ideas. Mr. Covarrubias noted that the Kennedy Commission was present at other public meetings and that the letter from HCD says the City should continue to engage the community throughout the Housing Element process. The intent of the Kennedy Commission was not to have dialogue only at the end of the process. He also noted that the letter provides examples of language used in other cities in their Housing Elements. He noted that the Affordable Housing Strategic Plan was an important document and included housing for moderate income families as well as lower income families. He said the City has been successful in providing incentives for developers, including density bonuses. Committee Member Greenberg asked if the Kennedy Commission would be advocating for a waiver for more density. Associate Planner Nogal said many of the affordable housing projects in Anaheim have not asked for a density bonus, but have taken advantage of the other incentives in the City’s program. Principal Planner Borrego said many projects utilize the parking reductions. Mr. Covarrubias requested that the City look at the Platinum Triangle and other areas for opportunities for affordable housing. Mr. Barquist closed the public comments and asked for Committee comments. Committee Member Greenberg expressed concerns about making last minute changes to the document. She commented that affordable and quality housing for the whole community is important. 5 Committee Member McCafferty noted that the density bonus requirements are part of state law. He said he supported having the additional information about funding in the staff report. Committee Member Abdulrahman said the Committee should not rush and should consider reasonable recommendations. Principal Planner Borrego said the Kennedy Commission correspondence and the minutes from tonight’s meeting will be provided to the Planning Commission and City Council when they review the Housing Element. Committee Member Kreitner said she was glad that the correspondence would be provided to the Planning Commission and City Council and that she did not want the Housing Element process to extend out longer. Committee Member Balsamo, Greenberg and McCafferty agreed. It was determined that there was no need for a recommendation or motion from the Committee.  Public Comments There were no additional public comments and no additional members of the public present.  Next Steps Principal Planner Borrego announced that the Planning Commission will review the Housing Element and be asked to take action on it at their meeting on January 13, 2014. The City Council hearing is scheduled to occur in February. City staff will email the dates to the Committee. Principal Planner Borrego thanked the Committee on behalf of the City.  Adjournment Mr. Barquist adjourned the meeting at 8:42 pm. 2014-2021 Housing Element Public Review Draft December 2013 ATTACHMENT NO. 6 This page is intentionally left blank. Housing Element Table of Contents PUBLIC REVIEW DRAFT DECEMBER 2013 i TABLE OF CONTENTS Chapter 1: Introduction………………………………………………………… 1-1 A. Purpose and Content………………………………………………….. 1-2 B. Housing Element Update Process…………………………………….. 1-2 C. State Law and Local Planning………………………………………... 1-2 1. Consistency with State Law………………………………… 1-2 2. General Plan Consistency…………………………………… 1-4 3. Relationship to Other Plans and Programs………………….. 1-4 D. Housing Element Organization………………………………………. 1-5 E. Citizen Participation………………………………………………….. 1-5 1. Community Workshops…………………………………….. 1-6 2. Housing Element Ad Hoc Committee………………………. 1-6 3. Other Community Outreach Activities……………………... 1-6 Chapter 2: Housing Needs Analysis……………………………………………. 2-1 A. Introduction…………………………………………………………... 2-1 B. Community Profile…………………………………………………… 2-1 1. Population Trends and Characteristics……………………… 2-1 2. Employment Trends………………………………………… 2-5 3. Household Characteristics…………………………………... 2-7 4. Housing Inventory and Market Conditions…………………. 2-11 5. Housing Costs and Rents……………………………………. 2-18 C. Housing Needs………………………………………………………... 2-23 1. Households Overpaying for Housing & Overcrowding…….. 2-23 2. 2014-2021 Growth Needs…………………………………... 2-25 3. Special Needs Populations….………………………………. 2-26 Chapter 3: Resources and Constraints Analysis………………………………. 3-1 A. Introduction…………………………………………………………... 3-1 B. Governmental Constraints and Resources……………………………. 3-1 1. Land Use Controls…………………………………………... 3-2 2. Density Bonus Ordinance…………………………………… 3-20 3. Senior Citizen Housing……………………………………... 3-26 4. Emergency Shelters, Transitional Housing and Single-Room Occupancy Units……………………………………………. 3-27 5. Second Dwelling Units……………………………………… 3-34 6. Housing for Persons with Disabilities………………………. 3-34 7. Building Codes and Enforcement…………………………... 3-36 8. Development Fees…………………………………………... 3-38 Housing Element Table of Contents ii PUBLIC REVIEW DRAFT DECEMBER 2013 9. Local Processing and Permit Procedures…………………… 3-40 10. Environmental and Infrastructure Constraints…………….. 3-42 11. Successor Agency to the Anaheim Redevelopment Agency 3-45 12. Community Development Block Grant and HOME Program…………………………………………………… 3-45 13. Developer Incentive Programs...……………..……………. 3-47 14. On and Off-Site Improvements………………….………… 3-48 15. Energy Conservation…..…………………………………... 3-49 B. Non-Governmental Constraints………………………………………. 3-50 1. Vacant and Underutilized Land……………………………... 3-50 2. Land Prices………………………………………………….. 3-50 3. Construction Costs………………………………………….. 3-50 4. Financing……………………………………………………. 3-51 Chapter 4: Housing Policy Program…………………………………………… 4-1 A. Key Policy Considerations…………………………………………… 4-2 B. Guiding Principles……………………………………………………. 4-4 C. Housing Strategy Areas………………………………………………. 4-5 D. Quantified Objectives………………………………………………… 4-26 APPENDICES Appendix A: Community Outreach Summary………………………………... A-1 A. Introduction…………………………………………………………... A-1 B. Farmer’s Market ……………………………....................................... A-2 C. Workshop Series #1.………………………………………………….. A-3 D. Workshop Series #2…………………………………………………... A-7 E. Cinco De Mayo Outreach Event……………………………………… A-13 F. Wand Barbecue Outreach Event……………………………………… A-16 G. Housing Element Online Survey Summary………………………….. A-18 Appendix A-1: Housing Element Ad Hoc Committee Minutes………………. A1-1 Appendix B: Residential Land Resources……………………………………... B-1 A. Adequate Sites Analysis……………………………………………… B-1 1. Capacity to Meet Regional Share Goals……………………. B-2 B. Preservation of Assisted Units at Risk of Conversion……………….. B-12 1. Inventory of At-Risk Units…………………………………. B-12 2. Cost of Preservation Versus Replacement………………….. B-15 Housing Element Table of Contents PUBLIC REVIEW DRAFT DECEMBER 2013 iii Appendix B-1: Current Projects…….………………………………………….. B1-1 Appendix B-2: Opportunity Sites………………………………………………. B2-1 Appendix C: Review of 2006-2014 Housing Element Performance…………. C-1 Appendix D: Glossary of Housing Terms……………………………………… D-1 Housing Element Table of Contents iv PUBLIC REVIEW DRAFT DECEMBER 2013 This page was intentionally left blank. Housing Element Chapter 1: Introduction PUBLIC REVIEW DRAFT DECEMBER 2013 1-1 DRAFT DRAFT CHAPTER 1 INTRODUCTION The 2014-2021 Housing Element provides for the identification and analysis of existing and projected housing needs and articulates the City’s official policies for the preservation, conservation, improvement and production of housing within the City of Anaheim. The City of Anaheim has taken many positive steps to facilitate the production of housing to meet the needs of its diverse population. In 2004, the City adopted a comprehensive update to its General Plan that created tremendous opportunities for additional residential development. Not only were several hundred acres of the City re-designated for residential development, but also several policies were adopted that serve collectively to facilitate greatly various forms of infill residential development. For example, one of the primary objectives of the updated General Plan is to provide additional land use options for under-utilized strip retail sites along the City’s major right-of-way corridors by redesignating much of the City’s mid-block retail sites to a variety of residential designations. During the General Plan review process, the City simultaneously updated its Zoning Code. Multiple-family zones were modified to better address the infill nature of new multiple-family housing in Anaheim. Setbacks for multiple-family housing adjacent to single-family areas, a situation which commonly exists in Anaheim, were modified to provide for more design flexibility. In addition, the City increased the permitted height of multi-family development beyond the historic 2-story limit. In 2005, the City Council adopted an Affordable Housing Strategic Plan with a goal of causing development of 1,328 affordable rental housing units by the end of 2009. Two thirds of these units will target low and very-low income households. The City Council subsequently increased the 2005-2009 Strategic Plan goal to 1,349 units. In October 2009, the City Council extended the Strategic Plan through 2014 and increased the goal to 2,812 units. The City Council also diversified the Strategic Plan to include affordable for-sale housing, rehabilitation of existing structures and preservation of “At-Risk” rental housing. Since 2005, 1,511 new rental, for-sale and rehabilitation units have been completed with another 655 in the development pipeline for a total of 2,166 affordable units. The City was not mandated to create the strategic plan or set this housing production goal. Instead, the City Council was proactive in addressing this issue in response to its identified needs. In addition to building these units, the City has provided other incentives to further encourage the development of affordable housing, such as a new Density Bonus ordinance to implement updated State law effective in 2005 and an expedited City review and entitlement process for affordable housing projects. Housing Element Chapter 1: Introduction PUBLIC REVIEW DRAFT DECEMBER 2013 1-2 A. PURPOSE AND CONTENT The City of Anaheim’s Housing Element is a required component of the City’s General Plan that addresses adequate housing opportunities for present and future Anaheim residents through 2021. The Housing Element provides the primary policy guidance for local decision-making related to housing. The Housing Element is the only General Plan Element that requires review and certification by the State of California Department of Housing and Community Development (HCD). The Housing Element provides a detailed analysis of Anaheim’s demographic, economic and housing characteristics as required by California Government Code Section 65583, et. seq. (“State Law”). The Housing Element also provides a comprehensive evaluation of the City’s progress in implementing the past policy and action programs related to housing production, preservation and conservation. Based on the community’s existing housing needs, available resources, constraints and opportunities for housing production and preservation and past performance, the Housing Element identifies goals, objectives and action programs that address the housing needs of present and future residents. B. HOUSING ELEMENT UPDATE PROCESS The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State’s main housing goal. Recognizing the important role that local planning programs play in pursuit of this goal, the Legislature has mandated that all cities and counties prepare a Housing Element as part of their comprehensive General Plans (California Government Code Section 65302(c)). It is intended that this Housing Element be reviewed annually and updated and modified not less than every eight years in order to remain relevant and useful and reflect the community’s changing housing needs. This Housing Element covers the planning period from October 2013 to October 2021. The time frame of the planning period is determined by State law, which mandates that jurisdictions within the Southern California Association of Governments (SCAG) region update and adopt their Housing Element by October 15, 2013. This document represents the update required and responds to the issues that currently face the City. C. STATE LAW AND LOCAL PLANNING 1. Consistency with State Law The Housing Element is one of the seven General Plan elements mandated by the State of California, as articulated in Sections 65580 to 65589.8 of the California Government Code. State Law requires that each jurisdiction’s Housing Element consist of “an Housing Element Chapter 1: Introduction PUBLIC REVIEW DRAFT DECEMBER 2013 1-3 DRAFT DRAFT identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, and scheduled program actions for the preservation, improvement, and development of housing.” The Housing Element plans for the provision of housing for all segments of the population. Section 65583, et seq. of the Government Code sets forth specific requirements regarding the scope and content of each Housing Element. Table 1-1 summarizes these requirements and identifies the applicable sections in the Housing Element where these requirements are addressed. Table 1-1 State Housing Element Requirements Required Housing Element Component Reference A. Housing Needs Assessment 1. Analysis of population trends in Anaheim in relation to countywide trends Chapter 2, Page 2-3 2. Analysis of employment trends in Anaheim in relation to regional trends Chapter 2, Page 2-5 3. Projections and quantification of Anaheim’s existing and projected housing needs for all income groups Chapter 2, Page 2-23 4. Analysis and documentation of Anaheim’s housing characteristics, including: Chapter 2 a. Overpayment Chapter 2, Page 2-23 b. Overcrowding Chapter 2, Page 2-24 c. Housing conditions Chapter 2, Page 2-16 5. Analysis of land suitable for residential development Appendix B, Page B-1 6. Analysis of governmental constraints upon housing Chapter 3, Page 3-1 7. Analysis of nongovernmental constraints upon housing Chapter 3, Page 3-49 8. Analysis of special housing needs Chapter 2, Page 2-26 9. Analysis of emergency shelters Chapter 3, Page 3-27 10. Analysis of opportunities for energy conservation Chapter 3, Page 3-48 11. Analysis of assisted housing developments that are eligible to change from low income housing during the next 10 years Appendix B, Page B-12 B. Goals and Policies 12. Identification of Anaheim’s goals, quantified objectives and policies relative to the maintenance, improvement and development of housing Chapter 4, Page 4-4 C. Implementation Program 13. Identification of adequate sites which will be made available through appropriate action to accommodate a variety of housing types for all income levels Appendix B, Page B-1 Housing Element Chapter 1: Introduction PUBLIC REVIEW DRAFT DECEMBER 2013 1-4 Table 1-1 State Housing Element Requirements Required Housing Element Component Reference 14. Identification of programs to assist in the development of adequate housing to meet the needs of low and moderate- income households Chapter 4, Page 4-4 15. Identification of opportunities to remove governmental constraints to the maintenance, improvement, and development of housing Chapter 4, Page 4-4 16. Identification of opportunities to remove constraints and/or provide reasonable accommodations for housing for persons with disabilities Chapter 4, Page 4-8, 4- 17, 4-22 17. Identification of opportunities to conserve and improve the condition of the existing affordable housing stock Chapter 4, Page 4-14 18. Identification of programs to promote housing opportunities for all persons Chapter 4, Page 4-12 19. Identification of programs to address the potential conversion of assisted housing development to market-rate housing Chapter 4, Page 4-14 2. General Plan Consistency State Law requires internal consistency among the various elements of a General Plan. Section 65300.5 of the Government Code states that the General Plan’s various elements shall provide an integrated and internally consistent and compatible statement of policy. City staff has reviewed the other elements of the General Plan and has determined that this Housing Element provides consistency with the other elements of the General Plan. The City will maintain this consistency as future General Plan amendments are processed by evaluating proposed amendments for consistency with all elements of the General Plan. 3. Relationship to Other Plans and Programs The Housing Element identifies goals, objectives, policies and action programs for the next eight years that directly address the housing needs of Anaheim. There are a number of City plans and programs that work to implement the goals, policies, objectives and action programs of the Housing Element. These include the City’s Municipal Code, Specific Plans and Consolidated Plan. Housing Element Chapter 1: Introduction PUBLIC REVIEW DRAFT DECEMBER 2013 1-5 DRAFT DRAFT D. HOUSING ELEMENT ORGANIZATION The City of Anaheim Housing Element is organized into four parts: • Chapter 1: Introduction. Explains the purpose, process and contents of the Housing Element; • Chapter 2: Housing Needs. Describes the demographic and economic and housing characteristics of Anaheim as well as the current and projected housing needs; • Chapter 3: Resources and Constraints. Analyzes the actual and potential governmental and non-governmental constraints to the maintenance, preservation, conservation and development of housing; and, • Chapter 4: Housing Policy Program. Details specific policies and programs the City of Anaheim will carry out, or cause to be carried out, over the planning period to address the City’s housing goals. Given the detail and lengthy analysis in developing the Housing Element, supp orting background material is included in the following appendices: • Appendix A: Community Outreach; • Appendix B: Residential Land Resources; • Appendix C: Review of 2006-2014 Housing Element Performance; and, • Appendix D: Glossary of Housing Terms. E. CITIZEN PARTICIPATION This Housing Element was developed through the combined efforts of City staff, the Housing Element Ad Hoc Committee, the City's Planning Commission, the City’s Housing and Community Development Commission, the City Council, the Anaheim Redevelopment Agency and the Anaheim Housing Authority. Citizen input was received through public workshops, an online survey, written comments received by City staff and public testimony at the Housing Element Ad Hoc Committee meetings. The notices for these workshops were published in a local newspaper, prominently posted at City Hall and on the City’s website, announced and provided to the Neighborhood Councils, provided at City’s public libraries, and mailed to parties that had expressed an interest in the Housing Element update. Notices and flyers were provided in both English and Spanish. In addition, organizations that represent the interests of lower income and special needs households, or are otherwise involved in the development of affordable housing, were invited to participate in the public workshops. Housing Element Chapter 1: Introduction PUBLIC REVIEW DRAFT DECEMBER 2013 1-6 1. Community Workshops During 2013, the City of Anaheim’s Housing Element Update team conducted a number of community outreach activities. The following six community workshops were advertised and open to the general public: • Workshop Series #1 March 20, 2013 at the Brookhurst Community Center March 21, 2013 at the Anaheim West Tower March 23, 2013 at the East Anaheim Community Center • Workshop Series #2 April 29, 2013 at the Downtown Community Center May 1, 2013 at the East Anaheim Community Center May 2, 2013 at the Brookhurst Community Center During these workshops, participants were provided with an overview of the Housing Element Update process and content. Participants, which included residents and other stakeholders, identified and discussed challenges, opportunities and resources related to housing in Anaheim. 2. Housing Element Ad Hoc Committee The City formed a 10-member Housing Element Ad Hoc Committee. Each City Council member appointed one Anaheim resident and one stakeholder, who need not reside in the City, to the Committee. The Committee provided representative assistance in the review and preparation of the updated Housing Element to help ensure that the document is an accurate reflection of the City’s collective vision for the future of housing development within Anaheim. Each Committee member, and the Committee as a whole, was responsible for: • Attending and participating in Committee meetings • Providing recommendations on Housing Element goals and policies • Reviewing draft Housing Element documents The minutes from the Ad Hoc Committee meetings are provided in Appendix A1. 3. Other Community Outreach Activities In addition to the community workshops, the City conducted a number of other outreach activities. These included: • Outreach booths at three community events to solicit input. At the booths, staff provided information about the Housing Element, answered questions, and solicited input on the housing challenges and opportunities in Anaheim Housing Element Chapter 1: Introduction PUBLIC REVIEW DRAFT DECEMBER 2013 1-7 DRAFT DRAFT • An online survey and posting of a video of one of the community workshops so that community members could participate virtually • Presentations/information provided at the Neighborhood Council meetings about the Housing Element and the community workshops. Comments received through the community outreach activities have been considered in the development of the Housing Policy Program provided in Chapter 4 of this document. A summary of the comments is provided in Appendix A of this Housing Element. Housing Element Chapter 1: Introduction PUBLIC REVIEW DRAFT DECEMBER 2013 1-8 This page is intentionally left blank. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-1 CHAPTER 2: HOUSING NEEDS ANALYSIS A. INTRODUCTION When preparing the Housing Element, jurisdictions must evaluate both existing and future housing needs for all income groups. This chapter analyzes demographic and housing characteristics that influence the demand for and availability of housing. The analyses form a foundation for establishing programs and policies that seek to address identified housing needs. Housing needs are identified according to income, tenure and special needs groups. Primary data sources include the 2010 U.S. Census, 2010 and 2011 American Community Survey (ACS), the California Department of Finance (DOF), and the Southern California Association of Governments (SCAG). These data sources are the most reliable for assessing existing conditions and provide a basis for consistent comparison with historical data and the basis for forecasts. The American Community Survey provides an opportunity to utilize updated information for the timeframe between the decennial censuses. The ACS provides data to illustrate trends and change in the community. Additionally, the 2010 Census provides less data than the 2000 Census, so ACS data is helpful in bridging the data gaps. B. COMMUNITY PROFILE 1. Population Trends and Characteristics The City of Anaheim is one of 34 cities within the County of Orange. DOF estimates Orange County’s population was 3,055,792 in 2012, the third largest county population in the state. In 2012, Los Angeles and San Diego counties had the first and second largest county populations in the State. In 2010, Orange County had the third largest county population in California with 3,010,232 residents. Overall, the County has experienced rapid population growth over the last two decades. From 2000 to 2010, the County population increased by 5.4 percent. Table 2-1 lists the counties in southern California and their respective populations. Housing Element Chapter 2: Housing Needs Analysis 2-2 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-1 Regional Population Trends and Characteristics 2000 – 2012 County 2000 2010 20121 Imperial County 142,361 174,528 177,441 Los Angeles County 9,519,338 9,818,605 9,884,632 Orange County 2,846,289 3,010,232 3,055,792 Riverside County 1,545,387 2,189,641 2,227,577 San Bernardino County 1,709,434 2,035,210 2,063,919 San Diego County 2,813,833 3,095,313 3,143,429 Ventura County 753,197 823,318 832,970 Notes: 1DOF E1, 2011-2012 Source: U.S. Census 2000 SF1 P001, U.S. Census 2010 SF1 DP-1. According to the U.S. Census and DOF, the population in Anaheim was 328,014 in 2000; 336,265 in 2010; and 343,793 in 2012. Anaheim experienced a 23 percent population increase between 2000 and 2010, and a 1.5 percent increase between 2010 and 2012. As indicated in Figure 2-1, the Center for Demographic Research at Cal State Fullerton forecasts a leveling population growth rate over the next 20 years with a forecast population of approximately 397,563 in 2030. Southern California Association of Governments (SCAG) is a metropolitan planning organization representing six counties and 191 cities and is charged with planning for growth and sustainability within the region. The Regional Transportation Plan (RTP) is a long-range transportation plan that is developed and updated by SCAG every four years. The RTP provides a vision for transportation investments throughout the region. Using growth forecasts and economic trends that project out over a 20 -year period, the RTP considers the role of transportation in the broader context of economic, environmental, and quality-of-life goals for the future, identifying regional transportation strategies to address our mobility needs. The Sustainable Communities Strategy (SCS) is a newly required element of the RTP. The SCS will integrate land use and transportation strategies that will achieve Air Resources Board (ARB) emissions reduction targets. Population projections and demographic research from the 2010 U.S. Census and 2005- 2009 American Community Survey are compiled by and approved by SCAG and made available on SCAG’s website. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-3 Table 2-2 Population Growth 2000 – 2012 Jurisdiction 2000 2010 20121 2000-2010 Growth 2010-2012 Growth Number % Number % City of Anaheim 328,014 336,265 343,793 8,251 2.5% 7,528 2.2% Orange County 2,846,289 3,010,232 3,055,792 163,943 5.7% 45,560 1.5% Notes: 1DOF E1, 2011-2012 Source: 2000 U.S. Census SF1 P001, 2010 U.S. Census SF1 DP1. Figure 2-1 City of Anaheim Population Growth Forecasts, 1980 – 2030 Source: California State University Fullerton Center for Demographic Research, 2012. http://www.fullerton.edu/cdr/cities/Anaheim.pdf a. Age Comparison Between 2000 and 2010, Anaheim experienced growth in the percentages of the “young adult” (20-24 years) and “senior citizen” (65+ years) populations, while the percentages of “pre-school” (0-4 years), “school age” (5-17 years), “prime working” (25-54 years), and “retirement” (55-64 years) populations declined. The “prime working” (25-54 years) population remains the largest age group in the City. 219,494 266,406 328,014 336,265 369,107 397,563 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 1980 1990 2000 2010 2020 2030Population Year Housing Element Chapter 2: Housing Needs Analysis 2-4 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-3 Age Distribution, 2000 – 2010 Age Group 2000 2010 Number % of Population1 Number % of Population1 Preschool (0-4 years) 30,206 9.2% 25,754 7.7% School (5-19 years) 78,078 23.8% 76,725 22.8% Young Adult (20-24 years) 25,020 7.6% 25,944 7.7% Prime Working (25-54 years) 146,058 44.5% 145,763 43.3% Retirement (55-64 years) 21,879 9.6% 30,857 9.2% Senior Citizen (65+ years) 26,773 8.2% 31,222 9.3% Total 328,014 100% 336,265 100% Notes: 1 Percentages may not equal 100% due to rounding. Sources: 2000 U.S. Census SF1 DP-1, 2010 U.S. Census SF1 DP-1. b. Race and Ethnicity Anaheim residents are predominantly comprised of two racial/ethnic groups: White and Hispanic. As of 2010, nearly 53 percent of Anaheim residents were of Hispanic origin and over 27 percent were White. Between 2000 and 2010, the White population declined by over 20 percent for a second decade in a row, while persons of Hispanic origin increased by over 13 percent. The Asian population was the third largest ethnic group in the city with over 14 percent of the population. The Asian population increased by over 20 percent between 2000 and 2010. The demographic changes experienced in Anaheim represent the general trends experienced in the County. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-5 Table 2-4 Racial and Ethnic Distribution 2000 – 2010 Racial/Ethnic Group 2000 2010 2000-2010 % Change Number Percent1 Number Percent1 White 117,607 35.9% 92,362 27.5% -21.5% Black or African American 7,939 2.4% 8,209 2.4% 3.4% American Indian & Alaska Native 1,049 0.3% 743 0.2% -29.2% Asian 38,919 11.9% 49,210 14.6% 26.4% Native Hawaiian & Other Pacific Islander 1,263 0.4% 1,437 0.4% 13.8% Hispanic or Latino 153,374 46.8% 177,467 52.8% 15.7% Two or More Races 7,406 2.3% 6,209 1.9% -16.2% Other 457 0.1% 628 0.2% 37.4% Total 328,014 100% 336,265 100% -- Notes: 1 Percentages may not add up to 100% due to rounding. Sources: 2000 U.S. Census SF PL002, 2010 U.S. Census SF1 DP-1. 2. Employment Trends Housing needs are influenced by employment trends. Significant employment opportunities within the City can lead to growth in demand for housing in proximity to jobs. The quality and/or pay of available employment can determine the need for various housing types and prices. As shown in Table 2-5, in 2011, 18.3% of Anaheim residents were employed in educational services, and health care and social assistance; 15.2% were employed in Manufacturing; 13.4 percent were employed in retail trade; 11.6 percent were employed in arts, entertainment, recreation, accommodation and food services; and 10.8 percent were employed in professional, scientific, management, administrative and waste management services. Data from the past Housing Element shows that from 2000 to 2011, Anaheim residents employed in manufacturing has decreased almost 5 percent while employment in educational services, and health care and social assistance has increased over 4 percent; retail trade increase by 2 percent; and arts, entertainment, recreation, accommodation and food services increased by a little over one percent. Housing Element Chapter 2: Housing Needs Analysis 2-6 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-5 Employment by Industry in 2011 Industry City of Anaheim % County of Orange % Agriculture, forestry, fishing and hunting, and mining 0.5% 0.5% Construction 6.6% 5.3% Manufacturing 15.2% 13.2% Wholesale Trade 3.7% 3.8% Retail Trade 13.4% 11.5% Transportation and Warehousing, and utilities 3.3% 3.3% Information 1.7% 2.0% Finance and insurance, and real estate and rental and leasing 6.2% 8.6% Professional, scientific, and management, and administrative and waste management services 10.8% 14.0% Educational services, and health care and social assistance 18.3% 18.8% Arts, entertainment, and recreation, and accommodation and food services 11.6% 10.0% Other services, except public administration 6.1% 5.7% Public administration 2.8% 3.1% Source: 2011 American Community Survey DP03. As shown in Table 2-6, the Disneyland Resort is the largest single employer in Anaheim with 22,200 employees in 2011 (a decrease in employees from 2007). Other large employers in Anaheim include Kaiser Permanente Hospital and Anaheim Medical Center with over 9,100 employees combined and the City of Anaheim with 2,200 employees. Table 2-6 City of Anaheim - Major Non-Manufacturing Employers, 2011 Employer Number of Employees Disneyland Resort and Associated Businesses 22,200 Kaiser Permanente Hospital 5,400 Kaiser Permanente Anaheim Medical Center 3,700 City of Anaheim 2,200 Northgate Gonzalez Markets 1,900 AHMC Anaheim Regional Medical Center 1,200 AT&T Inc. 1,000 Source: City of Anaheim Chamber of Commerce, At a Glance 2011. As shown in Table 2-7, Anaheim’s labor force increased from 171,900 in 2005 to 176,100 in 2011. According to the California Employment Development Department, the Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-7 unemployment rate in Anaheim for 2011 was 11.1 percent. The unemployment rate for Anaheim was higher than the County’s unemployment rate of 8.7 percent in 2011. Table 2-7 City of Anaheim - Labor Force Trends 2005-2011 Year Labor Force Employed Unemployed Unemployment Rate 2005 171,900 163,500 8,400 4.9 2006 173,100 165,400 7,700 4.4 2007 174,100 165,300 8,800 5.1 2008 175,900 163,900 12,000 6.8 2009 174,600 154,800 19,800 11.3 2010 175,200 154,000 21,200 12.1 2011 176,100 156,500 19,600 11.1 Notes: 1 Labor Force defined as all people in the population of working age (16 years and above) by the U.S. Census Bureau. Source: State of California Employment Development Department (EDD), 2011. 3. Household Characteristics This section describes Anaheim’s household characteristics. The U.S. Census Bureau defines a household as all persons living in a single housing unit, whether or not they are related. One person living alone is considered a household, as is a group of unrelated people living in a single housing unit. The U.S. Census Bureau defines a family as related persons living within a single housing unit. a. Household Formation and Composition In 2010, the U.S. Census Bureau reported 98,294 households in Anaheim, a 1.4 percent increase from 2000. In comparison, total households in Orange County increased by 5.8 percent between 2000 and 2010 and total households in California increased by 8.5 percent. DOF provides data on occupied housing units, which correspond to total households. DOF reports 99,633 occupied housing units in Anaheim as of January 2012, a 1.3 percent increase since April 2010.1 1 DOF. Table 2 - E-5 2010 and 2012. Housing Element Chapter 2: Housing Needs Analysis 2-8 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-8 Total Households, 2000 - 2011 Area 2000 2010 Percent Increase 2000-20101 2011 Percent Increase 2010-20111 City of Anaheim 96,969 98,294 1.35% 98,586 0.30% Orange County 935,287 992,781 5.79% 992,855 0.01% California 11,502,870 12,577,498 8.54% 12,468,743 -0.87% Notes: 1 Percentages may not equal 100% due to rounding. Source: 2000 U.S. Census Bureau SF1 DP-1 and 2010 SF1 DP-1, 2011 American Community Survey DP02. The average number of persons per household in Anaheim was 3.38 in 2010. The American Community Survey estimates that in 2011 persons per household increased to 3.41. As shown in Table 2-9, the average number of persons per household in Anaheim continues to be higher than the County average. A number of factors contribute to the formation of households and household size, including but not limited to cultural preferences, economic conditions, and personal need. Table 2-9 Average Persons per Household, 2010-2011 Jurisdiction 20101 20112 City of Anaheim 3.38 3.41 Orange County 2.99 3.04 Source: 1 2010 U.S. Census Bureau SF1. 2 2011 American Community Survey DP02. As shown in Table 2-10, households of two-persons made up the largest segments of both owner- and renter-occupied households in 2011. Approximately 26 percent of renter households and 29 percent of owner households had 2 persons. One-person households made up the next largest group of total households, followed by three-person households. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-9 Table 2-10 Household Size Distribution 2010 Household Size Total Number of Households % of Total Renter Households % of Total Owner Households % of Total 1 Person 18,788 19.1% 10,902 20.6% 7,886 17.3% 2 Persons 26,705 27.1% 13,643 25.8% 13,062 28.6% 3 Persons 16,895 17.1% 8,763 16.5% 8,132 17.8% 4 Persons 14,725 14.9% 7,839 14.8% 6,886 15.1% 5 Persons 10,586 10.7% 5,877 11.1% 4,709 10.3% 6 Persons 5,253 5.3% 3,116 5.9% 2,137 4.7% 7 + Persons 5,634 5.7% 2,830 5.3% 2,804 6.1% Total 98,586 100% 52,970 100% 45,616 100% Source: 2011 American Community Survey B25009. b. Household Income The US Department of Housing and Urban Development (HUD) publishes an annual median family income for the purpose of determining program eligibility. The 2012 median family income (MFI) for Orange County is $85,300. The State of California uses five income categories to determine housing affordability. These categories are as follows: • Extremely Low Income: 30% or less of the median family income; • Very Low Income: 31% to 50% of the median family income; • Low Income: 51% to 80% of the median family income; • Moderate Income: 81% to 120% of the median family income; • Above Moderate Income: Greater than 120% of the median family income. Table 2-11 shows the State-defined income ranges for each income category based on the 2012 HUD MFI for Orange County. The State-defined income limits for the Extremely Low-, Very Low-, and Low-Income categories equals those defined by the HUD for use in its Section 8 Program. The Section 8 Program provides rental assistance for households earning 50 percent less than the median family income. The State then sets the Moderate-Income limits at 120 percent of the median figure. Through the Housing Element, the State-defined income limits are used for consistency unless otherwise noted. Housing Element Chapter 2: Housing Needs Analysis 2-10 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-11 State Income Limits for Orange County - 2012 Affordability Category Percent of County Median1 Income Range($)2 Extremely Low Income ≤30% ≤ $25,590 Very Low Income 31% - 50% $26,443 - $42,650 Low Income 51% - 80% $43,503 - $68,240 Moderate Income 81% - 120% $69,093 - $102,360 Above Moderate Income >120% > $102,360 Notes: 1 Based on HCD income categories. 2 Based on FY 2012 HUD MFI of $85,300 (family of 4-persons) for Orange County. Source: HCD. State Income Limits for 2012. http://www.hcd.ca.gov/hpd/hrc/rep/state/inc2k12.pdf. Based on 2011 ACS data for the City of Anaheim shown in Table 1-13, seven percent of owner-occupied households and 13.3 percent of renter-occupied households earned less than $35,000 in 2011. These households were within the Very Low-Income and Extremely Low-Income categories. Approximately 17 percent of owner-occupied households and 21 percent of renter-occupied households were within the Extremely Low-, Very Low-, and Low-Income categories. Table 2-12 Estimated Household Income by Tenure, in 2011 Income Owner Occupied Renter-Occupied Total Occupied Housing Units Number %1 Number %1 Number %1 Less than $5,000 601 1.3% 2,249 4.2% 2,850 2.9% $5,000 to $9,999 265 0.6% 1,504 2.8% 1,769 1.8% $10,000 to $14,999 1,131 2.5% 4,242 8.0% 5,373 5.5% $15,000 to $19,999 1,207 2.6% 3,706 7.0% 4,913 5.0% $20,000 to $24,999 1,422 3.1% 3,920 7.4% 5,342 5.4% $25,000 to $34,999 1,963 4.3% 7,274 13.7% 9,237 9.4% $35,000 to $49,999 5,374 11.8% 7,869 14.9% 13,243 13.4% $50,000 to $74,999 7,778 17.1% 10,875 20.5% 18,653 18.9% $75,000 to $99,999 8,124 17.8% 6,678 12.6% 14,802 15.0% $100,000 to $149,999 9,745 21.4% 3,549 6.7% 13,294 13.5% Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-11 $150,000 or more 8,006 17.6% 1,104 2.1% 9,110 9.2% Total 45,616 100% 52,970 100% 98,586 100% Notes: 1 Percentages may not equal 100% due to rounding. Source: 2011 American Community Survey B25118. As shown in Table 2-13, the ACS estimates the median household income of $54,157 for the City of Anaheim in 2010, which was less than the median household income for the County. For the City, the median household income for owner-occupied households ($83,159) was higher than the median household income for renter-occupied households ($37,428). Table 2-13 2010 Median Household Income by Tenure Jurisdiction 2010 Median Income City of Anaheim $54,157 Owner-Occupied Households $83,159 Renter-Occupied Households $37,428 Orange County $70,880 Source: 2010 American Community Survey B25119. 4. Housing Inventory and Market Conditions This section describes the housing stock and market conditions in the City of Anaheim. By analyzing past and current housing trends, future housing needs can be anticipated and planned for. a. Housing Stock Profile According to the 2000 and 2010 US Census and 2011 American Community Survey, approximately ten percent of Orange County’s housing units fall within Anaheim’s city limits. As shown in Table 2-14, in 2000 the City of Anaheim had 99,719 housing units. By 2010, the City experienced a 4 percent increase in the total number of housing units. The County experienced a slightly larger increase of 7.5 percent during that same decade. Housing Element Chapter 2: Housing Needs Analysis 2-12 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-14 Number of Housing Units City of Anaheim and Orange County, 2000 – 2010 Year City of Anaheim Orange County City of Anaheim as a % of Total Orange County Units1 2000 99,719 969,484 10.3% 2010 104,237 1,048,907 9.9% 2011 104,356 1,050,907 9.9% Notes: 1 Percentages may not equal 100% due to rounding. Source: 2000 U.S. Census Bureau SF1 DP-1 and 2010 SF1 DP-1, 2011 American Community Survey DP04. As shown in Table 2-15, in 2011 the majority of renter-occupied units were two bedroom units accounting for 48.3 percent of total housing units. The second largest category of renter-occupied units were one-bedroom units accounting for 29.4 percent of total housing units. Approximately 46 percent of owner-occupied units had three bedrooms and 32.5 percent had 4 bedrooms. Table 2-15 Estimated Unit Size by Tenure, 2011 Owner-Occupied Renter-Occupied Total Occupied Housing Unites Units %1 Units %1 Units %1 Studio/No Bedroom 26 0.1% 1,650 3.1% 1,676 1.7% 1 bedroom 792 1.7% 15,549 29.4% 16,341 16.6% 2 bedrooms 5,382 11.8% 25,561 48.3% 30,943 31.4% 3 bedrooms 21,148 46.4% 7,422 14.0% 28,570 29.0% 4 bedrooms 14,823 32.5% 2,473 4.7% 17,296 17.5% 5 or more bedrooms 3,445 7.6% 315 0.6% 3,760 3.8% Total 45,616 100% 52,970 100% 98,586 100% Notes: 1 Percentages may not equal 100% due to rounding. Source: 2011 American Community Survey B25042. The 2010 US Census shows that Single Family, detached housing was the largest housing type in the City of Anaheim with 47,059 units, accounting for 43.8 percent of total housing units. Multifamily housing units were a close second with 46,759 units accounting for 43.6 percent of total housing units. From 2000 to 2011, the number of mobile homes and “other” (Boats, RV’s, etc.) housing units decreased. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-13 Table 2-16 Housing Inventory by Unit Type, 2000 – 2011 Housing Type 2000 % of Total1 2010 % of Total1 2011 % of Total1 2000- 2011 % change Single Family, detached 42,874 43.0% 47,059 43.8% 44,703 42.8% 4.3% Single Family, attached 8,912 8.9% 9,380 8.7% 9,199 8.8% 3.2% Multi-Family 43,428 43.6% 46,759 43.6% 46,449 44.5% 7.0% Mobile Homes 4,076 4.1% 3,955 3.7% 3,947 3.8% -3.2% Other (Boats, RVs, etc.) 302 0.3% 210 0.2% 58 0.1% -80.8% Total 99,592 100% 107,363 100% 104,356 100% 4.8% Notes: Source: 2000 U.S. Census Bureau SF3 H030, 2010 American Community Survey B25024, 2011 American Community Survey B25024. The majority of owner-occupied units were single-family detached units, comprising just over 77 percent of all owner-occupied units. Renter-occupied units were mostly multi- family units, five or more units each accounting for approximately 58 percent of all renter-occupied units. Table 2-17 Estimated Unit Type by Tenure, 2011 Owner-Occupied Renter-Occupied Total Occupied Housing Units Units %1 Units %1 Units %1 Single Family, detached 35,211 77.2% 8,320 15.7% 43,531 44.2% Single Family, attached 5,874 12.9% 2,971 5.6% 8,845 9.0% Multi-Family (2-4 units) 707 1.5% 9,709 18.3% 10,416 10.6% Multi-Family (5+ units) 1,403 3.1% 30,875 58.3% 32,278 32.7% Mobile Homes 2,421 5.3% 1,037 2.0% 3,458 3.5% Other (Boats, RVs, etc.) 0 0.0% 58 0.1% 58 0.1% Total 45,616 100% 52,970 100% 98,586 100% Notes: 1 Percentages may not equal 100% due to rounding. Source: 2011 American Community Survey B25032. Housing Element Chapter 2: Housing Needs Analysis 2-14 PUBLIC REVIEW DRAFT DECEMBER 2013 b. Tenure In 2011, 46 percent of the City’s housing units were owner-occupied and 54 percent were renter-occupied. As shown in Table 2-18, the percentage of renter-occupied units in the City of Anaheim was more that the County and the State. Table 2-18 Estimated Occupied Units by Tenure, 2011 Owner-Occupied Renter-Occupied Total # %1 # %1 # City of Anaheim 45,616 46.3% 52,970 53.7% 98,586 Orange County 581,991 58.6% 410,864 41.4% 992,855 California 6,843,369 54.9% 5,625,374 45.1% 12,468,743 Notes: 1 Percentages may not equal 100% due to rounding. Source: 2011 American Community Survey B25003 c. Vacancy Rates Vacancy rates are an indicator of housing supply and housing demand. Low vacancy rates influence greater upward price pressures and suggest households may have trouble finding housing with an affordable monthly payment. A higher vacancy rate indicates downward price pressure and may suggest an over supply of housing units. A four to five percent vacancy rate is considered “healthy.” As shown in Table 2-19, in 2010 the vacancy rate in the City of Anaheim was 6.5 percent. In 2011, the vacancy rate in the City lowered to 5.5 percent. Table 2-19 Occupancy Status, 2010 – 2011 2010 Percent1 2011 Percent1 Occupied Housing Units 100,404 93.5% 98,586 94.5% Vacant Housing Units 6,959 6.5% 5,770 5.5% Total Housing Units 107,363 100% 104,356 100% Notes: 1 Percentages may not equal 100% due to rounding. Source: 2010 and 2011 American Community Survey B25002. d. Age of Housing Stock The age of a housing unit is often an indicator of housing conditions. In general, housing that is 30 years or older may be in need of repairs based on the resilience of the materials Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-15 used. Housing over 50 years old is considered aged and is more likely to exhibit a need for major repairs. Table 2-20 categorizes the City of Anaheim’s housing units by year of construction. According to the American Community Survey, over 70 percent of the housing units in the City were built before 1980 and 27.8 percent were built before 1960. In the years between 1950 and 1980, the City of Anaheim experienced the highest period of housing construction accounting for 65 percent of the housing stock. Two percent of the City’s housing stock was built prior to 1939. Table 2-20 Housing Stock by Year Built Year Built Units Percent 2005 or later 4,920 4.7% 2000 - 2004 4,116 3.9% 1990 – 1999 9,069 8.7% 1980 – 1989 12,867 12.3% 1970 – 1979 25,585 24.5% 1960 – 1969 19,267 18.5% 1950 – 1959 23,217 22.2% 1940 – 1949 3,725 3.6% Built 1939 or earlier 2,040 2.0% Total 104,356 100% Source: 2011 American Community Survey B25034. The ACS also provides data on housing tenure by age of housing stock. Approximately 74 percent of owner-occupied units in the City were built before 1980 and about 33.4 percent were built before 1960. Of the renter-occupied units, 68.2 percent were built before 1980 and 22.8 percent were built before 1960. Table 2-21 provides a summary of tenure by age of housing stock. Housing Element Chapter 2: Housing Needs Analysis 2-16 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-21 Tenure by Age of Housing Stock, 2011 Year Built Owner-Occupied Renter-Occupied Total Occupied Housing Units Units % Units % Units % 2008 or later 203 0.4% 3,040 5.7% 3,243 3.3% 2000 - 2007 2,367 5.2% 2,701 5.1% 5,068 5.1% 1990 – 1999 4,868 10.7% 4,201 7.9% 9,069 9.2% 1980 – 1989 4,506 9.9% 6,902 13.0% 11,408 11.6% 1970 – 1979 10,746 23.6% 13,572 25.6% 24,318 24.7% 1960 – 1969 7,721 16.9% 10,503 19.8% 18,224 18.5% 1950 – 1959 13,410 29.4% 8,672 16.4% 22,082 22.4% 1940 – 1949 897 2.0% 2,237 4.2% 3,134 3.2% Built 1939 or earlier 898 2.0% 1,142 2.2% 2,040 2.1% Total 45,616 100% 52,970 100% 98,586 100% Notes: 1 Percentages may not equal 100% due to rounding. Source: 2011 American Community Survey B25028. e. Housing Conditions Housing is considered substandard when conditions are found to be below the minimum standard of living conditions defined in Section 17920.3 of the California Health and Safety Code. Households living in substandard conditions are considered to be in need of housing assistance due to the threat of such conditions to their health and safety. In addition to structural deficiencies and standards, the lack of infrastructure and utilities often serves as an indicator for substandard conditions. As shown in Table 2-22, the ACS identified 432 occupied units in the City of Anaheim that lacked complete plumbing facilities. Complete plumbing facilities include: hot or cold piped water, a flush toilet, and a bathtub or shower. All three types of facilities must be located within the housing unit. Of these units, 56 were owner-occupied and 376 were renter-occupied. The ACS also reported that 1,548 units in the City of Anaheim lacked complete kitchen facilities. Of these units, 101 were owner-occupied and 1,447 were renter-occupied. It should be noted that there may be some overlap in the number of substandard housing units, as some units may lack both complete plumbing and kitchen facilities. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-17 Table 2-22 Units Lacking Plumbing or Complete Kitchen Facilities in 2010 Units Owner-Occupied Renter-Occupied Total Lacking Plumbing Facilities1 56 376 432 Lacking Complete Kitchen Facilities2 101 1,447 1,548 Source: 2011 American Community Survey B250491 and B250532. Anaheim neighborhoods are designated for planning purposes as Levels I through IV. Each level designation identifies the characteristics or conditions of the neighborhood as well as responses by City departments to address these conditions. The City has identified five Level IV neighborhoods and six Level III neighborhoods. The City has not specifically identified neighborhoods that meet the criteria for Level I or Level II neighborhoods. Level I neighborhoods are characterized as very sound neighborhoods experiencing few, if any, quality of life issues and infrequent requests for Police and Code Enforcement services. Level II neighborhoods are characterized as fundamentally sound neighborhoods that are beginning to show signs of decline. Generally, housing structures are lacking maintenance and in single-family neighborhoods, there number of homes occupied by their owners is decreasing. The Police Department and Code Enforcement Division are receiving an increase in calls for service. Level III neighborhoods are characterized by moderate to substantial decline. Many of the housing structures within these neighborhoods are deteriorated. In single-family areas, many houses have transitioned from being owner-occupied to rentals. In addition, these neighborhoods may lack key essentials such as streetlights, sidewalks, curbs and gutters and have an increasing number of calls for Police and Code Enforcement services. Level IV neighborhoods are characterized by severe social, economic and physical decline. Housing structures are severely deteriorated and the entire neighborhood lacks characteristics which contribute to a safe overall neighborhood living environment. Police and Code Enforcement continue to receive high volume of calls for service. There are approximately 2,811 dwelling units within the Level III neighborhoods and 560 dwelling units within the Level IV neighborhoods. Of the units in the Level III neighborhoods, the City estimates 70 percent are substandard units and are in need of rehabilitation or replacement. Of those units in the Level IV neighborhoods, the City estimates 90 percent are substandard units and need rehabilitation or replacement. The neighborhoods that have been identified as Level III and IV neighborhoods are shown in Exhibit 2-1. Housing Element Chapter 2: Housing Needs Analysis 2-18 PUBLIC REVIEW DRAFT DECEMBER 2013 5. Housing Costs and Rents This section evaluates housing costs in the City of Anaheim for both rental and owner- occupied units. a. Existing and New Home Price Trends In 2011, the median market value for all owner -occupied units in the City of Anaheim was $373,000. As shown in Table 2-23, 6.6 percent of owner-occupied units were valued below $100,000. Data indicates that 4 percent of owner-occupied units were valued between $100,000 and $199,999; 10.8 percent were valued between $200,000 and $299,999; and almost 79 percent were valued at $300,000 or more. ?» A¾!"^$ ?» ?l ?k BALL LA PALMA LINCOLN ORANGE EUCLIDEASTDALEMAGNOLIAGILBERTMI RALOMA ANAHEIMTUSTINCRESCENT HARBORSTATE COLLEGEKATELLAKNOTTBROADWAYBEACH IMPERIALNO HL RANCH ORANGEWOODNINTHWESTERNSYCAMORE SA NTA ANA SUNKISTCHAPMANWALNUT SERRANOLEWISCERRITOS RI VERDALE CANYON R I M RIO VISTABROOKHURSTNUTWOODLAKEVIEWMI LLERF A I R M O N T OLIVE LA JOLLA HASTERROMNEYA ACACIADISNEYLANDBLUE GUMKELLOGGFR ONTERA CROWTHER RAYMONDVER MONT OA K CANYON PLACENTIAGLASSELLLEMONVAN BURENANAHEIM HILLSROYAL OAKCLEMENTINEDOUGLASSRICHFIELDDALELEWIS5 NO RTH CHAPMAN CERRITOS LA PALMA CERRITOSDALE EUCLIDORANGETHORPEORANGETHORPE LINCOLN CERRITOS BR OADWAY SUNKISTSO UTH LA HABRA BREA FU LLERTON YORBA LINDA PLACENTIA BUENA PARK CYPRESS CYPRESS ORANGE VILLA PARK STANTON GARDEN GROVE SANTA ANA WESTMINSTER WESTMINSTER TUSTINTUSTIN TUSTIN HUNTINGTON BEACH IRVINE M:\Mdata\10105703\GIS\Ex21_Neighborhoods.mxd 09/16/13 -- SS JM KO Anaheim Housing Needs Assessment 0 6,500 13,0003,250 Feet Legend Level 3 Neighborhoods Level 4 Neighborhoods City Boundary Neighborhood Levels Exhibit 2-1! Housing Element Chapter 2: Housing Needs Analysis 2-20 PUBLIC REVIEW DRAFT DECEMBER 2013 This page is intentionally left blank. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-21 Table 2-23 Value of Owner-Occupied Housing Units in 2011 Price Range Number of Units Percent of Total Less than $50,000 1,708 3.70% $50,000 to $99,999 1,318 2.90% $100,000 to $149,999 756 1.70% $150,000 to $199,999 1,032 2.30% $200,000 to $299,999 4,904 10.80% $300,000 to $499,999 23,177 50.80% $500,000 to $999,999 11,902 26.10% $1,000,000 or more 819 1.80% Total Owner-occupied units 45,616 100% Source: 2011 American Community Survey DP04. As shown in Table 2-24, the median sales price for new and resale homes in the City of Anaheim is $373,000 as of November 2012. This represents an 8.6% percent increase from the median sales price in November 2011, higher than the percentage change for the median sales prices in the County as a whole. The median sales price in the City of Anaheim is less than the median sales price for the County as a whole. Table 2-24 Median Sales Price Jurisdiction November 2011 November 2012 % Change Anaheim $341,000 $373,000 8.6% Garden Grove $350,000 $382,000 8.4% Orange $449,000 $462,000 2.8% Stanton $281,000 $295,000 4.7% Fullerton $406,000 $435,000 6.7% Orange County $466,000 $496,000 6.0% Source: www.Zillow.com, November 2012. b. Rental Prices As shown in Table 2-25, the Third Quarter Report for 2012 RealFacts, indicates the average monthly rent for a studio apartment in the City of Anaheim was $1,022. The report further indicates that average monthly rent for a one-bedroom was $1,183; a two- bedroom, one-bath unit was $1,333; a two-bedroom, two-bath unit was $1,651; and a three-bedroom, two-bath unit was $1,842. Housing Element Chapter 2: Housing Needs Analysis 2-22 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-25 Average Monthly Rent by Unit Size (RealFacts) Unit Size Average Monthly Rent Studio $1,022 1 bedroom, 1 bath $1,183 2 bedrooms, 1 bath $1,333 2 bedrooms, 2 baths $1,651 3 bedrooms, 2 baths $1,842 All $1,365 Source: RealFacts, Third Quarter 2012. According to the ACS, approximately 60 percent of renters spent 30 percent or more of their household income on rent in 2011. Approximately 30 percent of renters spent 50 percent or more of their income on rent. Table 2-26 shows the number of households by percentage of household income spent on rent in 2011. Table 2-26 Gross Rent as a Percentage of Household Income Percent of Household Income Number of Households Percentage of Households Less than 10.0 percent 286 0.5% 10.0 to 14.9 percent 1,624 3.1% 15.0 to 19.9 percent 4,572 8.6% 20.0 to 24.9 percent 6,246 11.8% 25.0 to 29.9 percent 5,589 10.6% 30.0 to 34.9 percent 6,523 12.3% 35.0 to 39.9 percent 3,889 7.3% 40.0 to 49.9 percent 6,068 11.5% 50.0 percent or more 15,302 28.9% Not computed 2,871 5.4% Total 52,970 100% Source: 2011 American Community Survey B25070. c. Affordability Gap Analysis The cost of home ownership and renting can be compared to a household’s ability to pay for housing. Housing affordability is defined as paying no more than 30 percent of household income on housing expenses. Table 2-27 summarizes affordable rents and purchase prices by income categories based on the State-defined income limits for Orange County. Affordable purchase price assumes a six percent interest rate with a 30- year fully amortized mortgage. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-23 Table 2-27 Affordable Rent and Purchase Price by Income Category Household Income Category1 Annual Income Range2 Affordable Monthly Rent Payment3 Estimated Affordable Purchase Price4 Very-Low Income ≤ $25,590 ≤ $1,204 ≤ $200,850 Low-Income $26,443 - $42,650 $1,205 - $1,926 $200,851 - $321,000 Moderate-Income $43,503 - $68,240 $1,927 - $2,133 $321,001 - $354,000 Above-Moderate Income $69,093 - $102,360 > $2,133 > $354,000 Notes: 1 Based on HCD income categories. 2 Based on FY 2012 HUD Median Family Income of $85,300 (family of 4-persons) for Orange County. 3 Affordable monthly rent payment is equal to 30% of a family’s monthly income. 4 Estimated affordable purchase price is based on an affordable monthly payment equal to 30% of a family’s monthly income and assumes a 30-year fully amortized mortgage with a 6% annual interest rate. d. Rental Affordability In the third quarter of 2012, households within the Very Low-Income group would be able to afford average monthly rent in the City of Anaheim, for a studio apartment or one bedroom/one bathroom unit. The Low-Income group and above would be able to afford a unit with 3 bedrooms and 2 bathrooms or smaller based on the average rents. e. Ownership Affordability The median sales price for new and resale-housing units in the City of Anaheim in 2012 continues to exceed the affordability range for all income categories except Above Moderate-Income households. Lower-Income households may have difficulty finding housing they can afford to purchase. This indicates greater affordability pressure for ownership housing. C. HOUSING NEEDS 1. Households Overpaying for Housing and Overcrowding a. Overpayment Overpayment is defined as households paying more than 30 percent of their gross income on housing related expenses. This includes rent or mortgage payments and utilities. High housing costs can cause households to spend a disproportionate percentage of their income on housing. This may result in financial difficulties, deferred maintenance or overcrowding. Housing Element Chapter 2: Housing Needs Analysis 2-24 PUBLIC REVIEW DRAFT DECEMBER 2013 According to HUD, in the period between 2005 and 2009, 74.2 percent of the total households in the City of Anaheim experience overpayment. As shown in Table 2-28, of the owner-occupied households, approximately 87 percent experience overpayment; and, of the renter-occupied households, approximately 63 percent experience overpayment. Thirty percent of owner-occupied households overpaying for housing earn over 100 percent of the median income. It is important to note that some owner households may choose to allocate a higher percentage of their disposable monthly income in housing costs, which may explain this high percentage. Of the renter households overpaying for housing, 38 percent are Extremely Low-Income and 34 percent are Very Low-Income. Table 2-28 City of Anaheim - Overpayment by Tenure and Income, 2005-2009 Owners Renters Total % of Median Income Households % of Overpay- ment Households % of Overpay- ment Households % of Overpay- ment < 30% 2,395 13.1% 7,465 37.5% 9,860 25.8% > 30 < 50% 2,765 15.2% 6,800 34.1% 9,565 25.1% > 50 < 80% 4,750 26.0% 4,710 23.6% 9,460 24.8% > 80 < 100% 2,820 15.5% 665 3.3% 3,485 9.1% > 100% 5,510 30.2% 285 1.4% 5,795 15.2% Total 18,240 100.0% 19,925 100.0% 38,165 100.0% Source: HUD CHAS 2005-2009 Data, Table3. b. Overcrowding Overcrowding is defined as households having an average of more than one person per room. Overcrowding can put a strain on public facilities and services, reduce the quality of the physical environment, and create conditions that contribute to the deterioration of the housing stock. Tables 2-29 and 2-30 summarize American Community Survey estimates of overcrowding in the City of Anaheim cited by the SCAG Existing Housing Needs Data Report and HUD. Sixteen percent of the City’s total households are overcrowded. Instances of overcrowding vary by tenure. Approximately 7.5 percent of owner households are overcrowded and 25.6 percent of renter households are overcrowded. Of the overcrowded owner-occupied households, 24.5 percent earn over 100 percent of the median household income. In renter-occupied households, overcrowding is more prevalent in the Lower-Income categories. Twenty-five percent of overcrowded renter households are Extremely Low-Income; 29 percent are Very Low-Income; and 28.3 percent are Low-Income. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-25 Table 2-29 City of Anaheim - Overcrowding by Tenure, 2011 Owners Renters Total Overcrowded Households % of Occupied Households Overcrowded Households % of Occupied Households Overcrowded Households % of Total Occupied Households 3,531 7.5% 12,434 25.6% 15,965 16.6% Notes: Total Occupied Households: Owner = 47,369; Renter = 48,632; Total = 96,001. Sources: SCAG Existing Housing Needs Data Report, 2012. Table 2-30 City of Anaheim - Overcrowding by Tenure and Income, 2011 Owners Renters Total Income Level % of Median Income Households % of Over- crowding Households % of Over- crowding Households % of Over- crowding < 30% 280 7.9% 3,710 29.8% 3,990 25.0% > 30 < 50% 640 18.2% 3,970 31.9% 4,610 28.9% > 50 < 80% 1,205 34.2% 3,310 26.6% 4,515 28.3% > 80 < 100% 535 15.2% 865 7.0% 1,400 8.8% > 100% 865 24.5% 575 4.6% 1,440 9.0% Total 3,525 100.0% 12,430 100.0% 15,955 100.0% Source: HUD CHAS, 2005-2009 2. 2014-2021 Growth Needs SCAG is responsible for allocating housing needs to each jurisdiction in its region. A local jurisdiction’s “fair-share” of regional housing need is the number of additional housing units that will need to be constructed in the jurisdiction in order to accommodate the forecast growth in the number of households, to replace expected demolitions and conversion of housing units to non-housing uses, and to achieve a future vacancy rate that allows for healthy functioning of the housing market. The allocation is divided into four income categories: Very Low, Low, Moderate, and Above Moderate. The allocation is further adjusted to avoid an over-concentration of Lower-Income households in any one jurisdiction. Based on the requirements of AB 2634, each jurisdiction must address the projected need of Extremely Low-Income households, defined as households earning less than 30 percent of the County MFI. The projected Extremely Low-Income need is assumed to be 50 percent of the Very-Low Income need. Table 2-31 summarizes the 2014-2021 Regional Housing Needs Allocation for the City of Anaheim. Housing Element Chapter 2: Housing Needs Analysis 2-26 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-31 City of Anaheim Fair Share Housing Needs Allocation, 2014-2021 Total Construction Needed Very Low- Income Low- Income Moderate- Income Above- Moderate Income Number of Units 5,702 1,256 907 1,038 2,501 Source: Regional Housing Needs Assessment, SCAG 2012. 3. Special Needs Population Certain segments of the population have more difficulty in finding decent, affordable housing due to their special circumstances; therefore a more focused assessment of their needs is required. This section identifies the needs of elderly persons, large households, female-headed households, persons with disabilities, homeless persons and farm workers. In addition to the data from the 2010 U.S. Census and the 2011 ACS, this section also uses data from the Comprehensive Housing Affordability Strategy (CHAS) published by HUD. The CHAS provides information related to households with housing problems, including overpayment, overcrowding and/or without complete kitchen facilities and plumbing systems. The CHAS data is based on the US Census Bureau’s 2005-2009 American Community Survey 5-year data files, but differs from the standard files by including a variety of housing need variables split by HUD-defined income limits and HUD-specified household types. a. Elderly Persons Elderly persons are considered a special needs group because most are retired and have fixed incomes. Elderly persons often have special needs related to housing location and construction. Because of limited mobility, elderly persons typically need to have easy access to public facilities (e.g. medical and shopping) and public transit. In terms of housing construction, the elderly may need ramps, handrails, elevators, lower cabinets and counters, and special security devices to allow for greater self-sufficiency and protection. According to the 2011 ACS, 18.3 percent of the City of Anaheim residents were elderly (age 65 and over). As shown in Table 2-32, elderly households comprised 24.4 percent of owner-occupied households and 13.1 percent of renter-occupied households. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-27 Table 2-32 Estimated Householders by Tenure and Age, 2011 Owner-Occupied Renter-Occupied Total Householder age % % % 15 to 24 years 0.3% 6.5% 3.6% 25 to 34 years 8.1% 28.2% 18.9% 35 to 64 years 67.2% 52.2% 59.2% 65 to 74 years 13.3% 5.5% 9.1% 75 years and over 11.1% 7.6% 9.2% Total 100% 100% 100% Source: 2011 American Community Survey B25007. As indicated in Table 2-33, the median household income for households with a householder age 65 years or older was $35,488 in 2009. In 2010, the median household income for rose slightly to $36,699. In 2011, the ACS estimates that the median household income for households 65+ years in Anaheim declined to $33,930. Table 2-33 Senior Citizen Median Household Income, 2011 Householder Age City of Anaheim 2009 Median Income City of Anaheim 2010 Median Income City of Anaheim 2011 Median Income 65 years and over $35,488 $36,699 $33,930 Source: 2009, 2010, and 2011 American Community Survey B19049. The HUD median family income for Orange County was $85,300 in 2012. Based on 2011 ACS data shown in Table 2-34, over 50 percent of senior citizen households earned less than $35,000, falling within the Extremely Low- and Very Low-Income categories. And 28.3 percent earned $35,000 to $74,999 falling within the Low- and Moderate- Income categories. Housing Element Chapter 2: Housing Needs Analysis 2-28 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-34 Senior Citizen Household Income, 2010 Householder Age 65+ Years in 2011 Income Number % < $25,000 7,099 39.3% $25,000 to $34,999 2,053 11.4% $35,000 to $49,999 2,742 15.2% $50,000 to $74,999 2,372 13.1% $75,000 to $99,999 1,385 7.7% $100,000 to $149,999 1,132 6.3% $150,000 to $199,999 662 3.7% > $200,000 610 3.4% Total 18,055 100% Source: 2011 American Community Survey B19037. As shown in Table 2-35, 29.5 percent of the elderly population in the City of Anaheim had a “self-care” or “independent living” disability based on the 2009-2011 ACS. Persons with self-care difficulty report having difficulty dressing or bathing. Persons with independent living difficulty report having difficulty doing errands alone such as visiting a doctor’s office or shopping. Elderly persons with disabilities limiting independent living often need housing with modifications, such as ramps and bathroom grab bars, in order to accommodate their physical needs. There was no disability reporting in the 2010 Census. Table 2-35 Elderly (age 65+) with Disabilities Limiting Independent Living, 2009-2011 Disability Type Total persons 65+ with a disability Percent of persons 65+1 With a hearing difficulty 3,947 12.9% With a vision difficulty 1,979 6.4% With a cognitive difficulty 3,134 10.2% With an ambulatory difficulty 6,947 22.6% With a self-care difficulty 3,558 11.6% With an independent living difficulty 5,500 17.9% Total persons2 10,670 34.8% Source: 2009-2011 ACS 3-Year Estimates, S1810. 1Percentages based on Total Population 65 years and over: 30,698. 2Total persons age 65+ with a disability is not a sum of the table. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-29 According to 2005-2009 CHAS data, 68 percent of elderly renter-occupied households and 32 percent of elderly owner-occupied households experience overpayment. The increasing number of elderly persons in the population is creating a demand for more affordable housing. The City will address the needs of the elderly population through the development of policies and programs that will address affordability and special design guidelines for the elderly. Table 2-36 provides a summary of housing problems experienced by elderly households in the City of Anaheim. Table 2-36 Housing Problems – Elderly Households, 2005-2009 Renters Owners Elderly Households- Household Income < 30% MFI 2,960 - 1,610 - with any Housing Problem1 2,430 82% 1,020 63% Cost Burden2 >30% < 50% 585 20% 295 18% Cost Burden2 >50% 1,785 60% 710 44% Elderly Households- Household Income 30% to < 50% MFI 1,430 - 1,900 - with any Housing Problem1 1,205 84% 860 45% Cost Burden2 >30% < 50% 545 38% 390 21% Cost Burden2 >50% 588 41% 475 25% Elderly Households- Household Income >50% to < 80% MFI 571 - 2,080 - with any Housing Problem1 465 81% 675 32% Cost Burden2 >30% < 50% 365 64% 385 19% Cost Burden2 >50% 105 18% 290 14% Elderly Households- Household Income >80% MFI 930 - 4,580 - with any Housing Problem1 85 9% 695 15% Cost Burden2 >30% < 50% 60 6% 520 11% Cost Burden2 >50% 25 3% 175 4% Total Elderly Households3 5,891 - 10,170 - with any Housing Problem1 4,185 71% 3,250 32% Cost Burden2 >30% < 50% 1,555 26% 1,590 16% Cost Burden2 >50% 2,503 42% 1,650 16% Notes: 1”Housing Problem” defined as any occupied housing units lacking a complete kitchen, lacking complete plumbing, having more than 1.01 persons per room (overcrowded), or costing more than 30 percent of the occupant household’s income. 2Percentage of household income spent on housing cost. Source: 2005-2009 HUD CHAS data as provided by HCD. b. Large Households Large households are defined as having five or more persons living within the same household. Large households are considered a special needs group because they require larger bedroom counts. In 2011, there were 21,473 households in the City of Anaheim Housing Element Chapter 2: Housing Needs Analysis 2-30 PUBLIC REVIEW DRAFT DECEMBER 2013 with at least five persons, representing 21.8 percent of the total households in the City. Of these large households, owner-occupied units and renter-occupied units were nearly equally distributed with slightly more renter-occupied units. Table 2-37 Large Households by Tenure, 2010 Number of Persons in Unit Owner-Occupied Renter-Occupied Total Five 4,709 5,877 10,586 Six 2,137 3,116 5,253 Seven or more 2,804 2,830 5,634 Total 9,650 11,823 21,473 Percent of Total Households 9.8% 12.0% 21.8% Source: 2011 American Community Survey B25009. According to the 2005-2009 CHAS data, 58 percent of large renter-occupied households and 26 percent of large owner-occupied households experience overpayment. Currently, less than six percent of the City’s rental housing stock has four or more bedrooms (refer to Table 2-15) resulting in a high percentage of lower-income large family households that are forced to live in overcrowded situations. Table 2-38 provides a summary of housing problems experienced by large households in the City of Anaheim. Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-31 Table 2-38 Housing Problems – Large Households, 2005-2009 Renters Owners Number Percent Number Percent Large Households- Household Income < 30% MFI 2,750 - 500 - with any Housing Problem1 2,545 93% 500 100% Cost Burden2 >30% < 50% 395 14% 35 7% Cost Burden2 >50% 2,005 73% 465 93% Large Households- Household Income 30% to 50% MFI 2,845 - 985 - with any Housing Problem1 2,760 97% 855 87% Cost Burden2 >30% < 50% 1,740 61% 170 17% Cost Burden2 >50% 620 22% 580 59% Large Households- Household Income >50% to 80% MFI 2,695 - 2,685 - with any Housing Problem1 2,435 90% 2,130 79% Cost Burden2 >30% < 50% 795 29% 860 32% Cost Burden2 >50% 35 1% 745 28% Large Households- Household Income >80% MFI 1,610 - 4,850 - with any Housing Problem1 985 61% 2,290 47% Cost Burden2 >30% < 50% 120 7% 1,015 21% Cost Burden2 >50% - 0% 275 6% Total Large Households3 9,900 - 9,020 - with any Housing Problem1 8,725 88% 5,775 64% Cost Burden2 >30% < 50% 3,050 31% 2,080 23% Cost Burden2 >50% 2,660 27% 2,065 23% Notes: 1”Housing Problem” defined as any occupied housing units lacking a complete kitchen, lacking complete plumbing, having more than 1.01 persons per room (overcrowded), or costing more than 30 percent of the occupant household’s income. 2Percentage of household income spent on housing cost. Source: 2005-2009 HUD CHAS data as provided by HCD. c. Female-Headed Households Female-headed households are a special needs group due to comparatively low rates of homeownership, lower incomes, and high poverty rates. Female-headed households are those in which the adult resident is female and there are no adult males residing in the household. According to the 2011 ACS, there were 9,857 female-headed households with children and 6,365 female-headed households without children in the City of Anaheim. Approximately 16.5 percent of all occupied households are female-headed. Of the total number of female-headed households in the City, 34 percent were owner-occupied and nearly 66 percent were renter-occupied. Data for female-headed households is shown in Table 2-39 and 2-40. Housing Element Chapter 2: Housing Needs Analysis 2-32 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-39 Tenure in Female-Headed Households, 2011 Household Type Number of Owner- Occupied1 % of Total Owner- Occupied Number of Renter- Occupied2 % of Total Renter- Occupied Total3 % of Total Occupied Households Female householder, no husband present, with own children under 18 2,143 4.7% 7,714 14.6% 9,857 10.0% Female householder, no husband present, without own children 3,390 7.4% 2,975 5.6% 6,365 6.5% Total 5,533 34.1% 10,689 65.8% 16,222 16.5% Notes: 1 Total Owner-Occupied Units = 45,616 2 Total Renter-Occupied Units = 52,970 3 Total Occupied Units = 98,586 Source: 2011 American Community Survey B25115. As shown in Table 2-21, in 2011, it was estimated that 4,225, or 13 percent, of the 16,222 female-headed households were below poverty level. Across all households in Anaheim, 12 percent were below the poverty level. Of the total number of households in Anaheim, 4.9 percent were female-headed households with children under age 18 living below the poverty level. Table 2-40 Poverty in Female-Headed Households, 2011 Household Type Number Below Poverty Level % Total Below Poverty Level Number Above Poverty Level % Total Above Poverty Level Female householder, no husband present, with own children under 18 3,661 4.9% 7,437 10.1% Female householder, no husband present, without own children 564 0.8% 4,560 6.2% Total 4,225 5.7% 11,997 16.2% Notes: 1 Total Households = 73,982 Source: 2011 American Community Survey B17012. d. Persons with Disabilities Access and affordability are the two major housing needs for persons with disabilities. Access both within the home and to/from the site are important factors to consider for Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-33 persons with disabilities. This often requires specially designed dwelling units that are located near public facilities and transit. Table 2-41 shows the number of the City’s residents with disabilities over the age of 16. The data categories changed between the 2000 and 2010 Census. According to the 2011 ACS, 1.8 percent of residents between the ages of 5 and 17, and 6.1 percent of residents between the ages of 18 and 64 had at least one of these disabilities. Nearly 36 percent of residents age 65 and up had at least one of these disabilities. Table 2-41 Persons Reporting Physical and Self Care Disabilities, 2011 Age Group Hearing Disability Vision Disability Cognitive Disability Ambulatory Disability Self Care Difficulty Independent Living Difficulty Total % of Age Group1 5-17 yrs. 215 208 695 225 187 N/A 1,155 1.79% 18-64 yrs. 2,269 2,471 5,337 6,848 1,899 5373 13,209 6.13% 65+ yrs. 5,114 2,748 3,683 7,712 4,084 6,432 11,876 35.92% Total 5+ yrs. 7,598 5,427 9,715 14,785 6,170 11,805 26,240 8.38% Notes: Total 5-17 years old: 64,636; 18-64 years old: 215,450; 65+ years: 33,060. Source: 2011 ACS, S1810. Table 2-42 provides a summary of housing problems experienced by households with mobility and self-care limitation in the City of Anaheim. According to the 2005-2009 CHAS data, 57.8 percent of the total number of households with mobility and self-care limitations experience some sort of housing problem. As previously stated, these problems include overpayment, overcrowding and/or lack of complete kitchen facilities and plumbing systems. Housing Element Chapter 2: Housing Needs Analysis 2-34 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-42 Housing Problems for Households with Mobility and Self-Care Limitations, 2005-2009 Renters Owners Total House- holds Extra Elderly1 Elderly2 All Other Households Total Renters Extra Elderly1 Elderly2 All Other Households Total Owners Household Income < 30% MFI 1,485 1,670 9,135 12,290 1,035 760 1,655 3,450 15,740 # with any Housing Problems 1,270 1,410 8,865 11,545 680 545 1455 2,680 14,225 % with any Housing Problems3 85.5% 84.4% 97.0% 93.9% 65.7% 71.7% 87.9% 77.7% 90.4% Household Income > 30% to < 50% MFI 860 1,140 9,720 11,720 1,295 1,205 2,550 5,050 16,770 # with any Housing Problems 685 1,000 9,390 11,075 540 735 2,140 3,415 14,490 % with any Housing Problems3 79.7% 87.7% 96.6% 94.5% 41.7% 61.0% 83.9% 67.6% 86.4% Household Income > 50% to < 80% MFI 490 1,255 10,380 12,125 1,545 1,695 6,180 9,420 21,545 # with any Housing Problems 350 695 7,180 8,225 480 895 4,580 5,955 14,180 % with any Housing Problems3 71.4% 55.4% 69.2% 67.8% 31.1% 52.8% 74.1% 63.2% 65.8% Household Income > 80% MFI 330 1,020 10,685 12,035 2,585 4,605 21,345 28,535 40,570 # with any Housing Problems 45 215 2,285 2,545 480 420 8,120 9,020 11,565 % with any Housing Problems3 13.6% 21.1% 21.4% 21.1% 18.6% 9.1% 38.0% 31.6% 28.5% Total Households 3,165 5,085 39,920 48,170 6,460 8,265 31,730 46,455 94,625 # with any Housing Problems 2,350 3,320 27,720 33,390 2,180 2,595 16,495 21,270 54,660 % with any Housing Problems3 74.2% 65.3% 69.4% 69.3% 33.7% 31.4% 52.0% 45.8% 57.8% Notes: 1Extra Elderly: 1 or 2 persons with either person 75 years or over 2Elderly: 1 or 2 persons with either person 62 to 74 years 3”Housing Problem” defined as any occupied housing units lacking a complete kitchen, lacking complete plumbing, having 1.01 or more persons per room (overcrowded), or costing more than 30 percent of the occupant household’s income. Source: 2000 HUD CHAS data Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-35 SB 812, which took effect January 2011, amended State Housing Element law to require the analysis of the disabled to include an evaluation of the special housing needs of persons with developmental disabilities. A "developmental disability" is defined as a disability that originates before an individual becomes 18 years old, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. This includes Mental Retardation, Cerebral Palsy, Epilepsy, and Autism. The US Census does not have specific information regarding persons with developmental disabilities. However, each nonprofit regional center contracted with the California Department of Developmental Services maintains an accounting of the number of persons served. The Regional Center of Orange County is one of 21 private non-profit organizations contracted by the State of California to coordinate lifelong services and support for individuals with developmental disabilities and their families. Through the Lanterman Act, RCOC helps those with developmental disabilities with the appropriate living arrangements whether in-home or in a facility. The Regional Center currently serves 2,454 persons with developmental disabilities living in Anaheim. The largest age group of Anaheim residents served by the Regional Center is 23 to 54 years (41.0 percent of clients). e. Homeless Population and Transitional Housing Enumeration of the homeless population is difficult because of the transient nature of this population, and the existence of the “hidden homeless” or persons that move around in temporary housing situations. Limited information is recorded during shelter intake, making it even more difficult to determine the number of homeless. There are several data sources for the homeless population in Anaheim. The most recent data regarding the homeless population in Anaheim from SCAG Existing Housing Needs Data Report reports 176 homeless persons within Anaheim from the 2010 US Census. Table 2-43 Homeless Population in Anaheim – US Census Category Number of Persons Population 336,265 Housing Units 104,237 Households 98,294 Population Institutionalized Group Quarters 1 3,557 Population Non-institutionalized Group Quarter 2,020 Homeless 176 Notes: 1 Includes correctional facilities, skilled nursing facilities, other health care facilities, college/student dormitories, and military group quarters. Source: SCAG Local Housing Element Assistance: Housing Needs Data Report, Homeless Counts from 2010 Census. Housing Element Chapter 2: Housing Needs Analysis 2-36 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 2-44 shows data from the Orange County 2012 Housing Inventory Count (HIC) and Point in Time Count (PIT) which also estimate the homeless population. On January 27, 2012, the HIC reported 315 beds and 292 homeless people sheltered. On January 27, 2011, the HIC reported 224 beds and 207 homeless people sheltered. The 2011 Unsheltered Point in Time Count conducted on January 22, 2011 reported 4,272 homeless people in Orange County. The homeless counted were asked where they were living before they most recently became homeless and 17.4 percent of the unsheltered homeless answered Anaheim. The estimate of unsheltered homeless persons on the night of January 22, 2011 who resided in Anaheim prior to becoming homeless was 743. Table 2-44 Anaheim Estimated Point In Time Homeless Count – OC Partnership Category Number of Persons Sheltered 207 Unsheltered 743 Total 950* Source: OC Partnership, http://www.ocpartnership.net/about_us_press.htm. *NOTE: This estimate does not include motel families. For more information about motel families, visit this website: http://www.anaheim.net/article.asp?id=1344 Anaheim has a number of motels that serve as residences for individuals and families who would otherwise be homeless. These “motel families” are not included in the Point - in-Time Homeless Count as the motels are not considered shelters. The City participates in the Collaboration to Assist Motel Families along with a number of non-profit organizations and other public agencies. According to the Collaboration, the County of Orange, Department of Environmental Health reports there are 483 hotels and motels in the County of Orange; 140 of these are hotels and motels in Anaheim. The majority of the hotels in Anaheim, particularly those near the Disneyland resort, cater to tourists, and therefore the homeless are less likely to use these for shelter due to prohibitive costs. The City of Anaheim estimates there are between 50 to 75 “residential motels” in Anaheim where homeless families are likely to reside. A census of families and individuals living in motels in Anaheim has not been conducted. A number of service providers in the City of Anaheim provide shelter, food and other supportive services. Numerous churches and religious organizations within Anaheim provide food to the homeless through Food Banks. f. Farm workers Farm workers are defined as persons whose primary incomes are earned through seasonal agricultural work. Between 2007 and 2009, an estimated 483 persons, less than one Housing Element Chapter 2: Housing Needs Analysis PUBLIC REVIEW DRAFT DECEMBER 2013 2-37 percent of the City’s labor force, were employed in agriculture (or related industries). It is assumed that only a small percentage of persons employed in this industry are involved in active agricultural production and harvest. Therefore, there is no apparent or recognized need for farm worker housing. g. Extremely Low-Income Households Extremely Low-Income (ELI) is defined as households with income less than 30 percent of the area median income. The provisions of Government Code Section 65583 (a)(1) require quantification and analysis of existing and projected housing needs of Extremely Low-Income households. In 2011, 5.4 percent of Anaheim households were within the Extremely Low-Income category (refer to Table 1-13; household income less than $25,000). Table 2-45 provides a summary of housing problems experienced by lower income households in the City of Anaheim. Extremely Low-Income renter-occupied households experience overpayment and overcrowding. According to Table 2-46, 87 percent of Extremely Low-Income households experience at least one type of housing problem. Table 2-45 Housing Problems by Income and Tenure Renters Owners Total Number Percent Number Percent Number Household Income < 30% MFI 12,750 3,570 16,320 with any Housing Problem1 11,545 91% 2,685 75% 14,230 Cost Burden2 >30% < 50% 1,565 12% 465 13% 2,030 Cost Burden2 >50% 9,610 75% 2,175 61% 11,785 Household Income 30% to 50% MFI 11,720 5,055 16,775 with any Housing Problem1 11,070 94% 3,415 68% 14,485 Cost Burden2 >30% < 50% 6,825 58% 805 16% 7,630 Cost Burden2 >50% 3,480 30% 2,465 49% 5,945 Household Income >50% to < 80% MFI 12,125 9,430 21,555 with any Housing Problem1 8,225 68% 5,960 63% 14,185 Cost Burden2 >30% < 50% 5,190 43% 2,525 27% 7,715 Cost Burden2 >50% 470 4% 2,850 30% 3,320 Notes: 1“Housing Problem” defined as any occupied housing units lacking a complete kitchen, lacking complete plumbing, having more than 1.01 persons per room (overcrowded), or costing more than 30 percent of the occupant household’s income. 2Percentage of household income spent on housing cost. Source: 2005-2009 HUD CHAS. Housing Element Chapter 2: Housing Needs Analysis 2-38 PUBLIC REVIEW DRAFT DECEMBER 2013 This page is intentionally left blank. Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-1 CHAPTER 3: RESOURCES AND CONSTRAINTS A. INTRODUCTION State Housing Element law requires that local jurisdictions identify and analyze potential and actual governmental constraints to the maintenance, improvement, or development of housing for all income levels, including housing for persons with disabilities. The analysis should identify specific standards and processes and evaluate their impact on the supply and affordability of housing. The analysis should determine whether local regulatory standards pose an actual constraint and demonstrate local efforts to remove constraints that hinder a jurisdiction from meeting its housing need. Local jurisdictions must analyze potential non-governmental constraints which are primarily market -driven and generally outside direct local government control. The Housing Element must analyze the impacts of the cost of land, construction costs, and the availability of funding/financing. This chapter includes identification and description of potential governmental and non- governmental constraints. While the local standards and processes analyzed may influence how housing is developed, maintained or improved in Anaheim, they are not necessarily an undue constraint on housing. The standards and processes implemented by the City allow for the development, maintenance and improvement of housing that contributes to quality of life in Anaheim. This chapter also describes financial and organizational resources that support housing development, housing maintenance and improvement and the ability of residents to afford housing in Anaheim. B. GOVERNMENTAL CONSTRAINTS AND RESOURCES Governmental constraints are policies, standards, requirements and actions imposed by the government which affect the development and provision of housing. These constraints may include building codes, land use controls, growth management measures, development fees, processing and permit procedures, and site improvement costs. State and federal agencies play a role in the imposition of governmental constraints, however these agencies are beyond the influence of local government and are therefore not addressed in this analysis. Housing Element Chapter 3: Resources and Constraints 3-2 PUBLIC REVIEW DRAFT DECEMBER 2013 Governmental resources include programs that provide funds for housing-related activities, as well as, incentives provided by the local jurisdiction for the provision of housing. 1. Land Use Controls Land use controls include General Plan policies, zoning designations and regulations, permit processing requirements and development fees. a. General Plan Every city in California must have a General Plan, which establishes its land use-related goals and policies. The General Plan is the foundation of all land use controls in a jurisdiction. The Land Use Element of the General Plan identifies the location, distribution and density of the land uses within the City. Residential densities are expressed in dwelling units per acre (du/ac). The Anaheim General Plan identifies six residential land use designations and one residential mixed-use designation. Table 3-1 summarizes Anaheim’s residential land use designations and their associated acreages and density ranges. Table 3-1 General Plan Residential Land Use Designations Designation Description Existing Acreage Permitted Density Estate Custom-type single- family, detached dwellings on large lots 1,248 Up to 1.5 du/ac Low Density Conventional single- family, detached dwellings 10,221 Up to 6.5 du/ac Low-Medium Hillside Density Attached and detached single-family dwellings on smaller lots in hillside areas 861 Up to 6.0 du/ac Low-Medium Density Detached, small-lot single-family homes, attached single-family homes, patio homes, zero- lot line homes, duplexes, townhouses and mobile home parks 2,058 Up to 18.0 du/ac Medium Density Multi-family units such as townhomes and apartments 1,946 Up to 36.0 du/ac Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-3 Table 3-1 General Plan Residential Land Use Designations Designation Description Existing Acreage Permitted Density Corridor Single-family, attached housing fronting on arterial highways and incorporating a rear access drive or service alley 185 Up to 13.0 du/ac Mixed-Use Apartments, live-work units, townhomes, condominiums, flats and artist-style lofts integrated with commercial uses. 581 Up to 100 du/ac Source: City of Anaheim General Plan According to the current General Plan, a total of 131,385 dwelling units are anticipated within the City’s planning areas at build-out. As of January 2012, the State Department of Finance (DOF) reports that 105,657 dwelling units exist in Anaheim. This leaves a remaining capacity of 25,728 new dwelling units. Depending on land costs, certain densities are needed to make a housing project economically feasible for people at various income levels. The following densities required to accommodate construction affordable to specific income levels are generally accepted by HCD: • Very Low- and Low Income: 30 dwelling units per acre minimum • Moderate Income: 11-30 dwelling units per acre minimum • Above-Moderate Income: Up to 11 dwelling units per acre In addition to the generally accepted densities, Assembly Bill 2348 established “default” density standards. If a local government has adopted density standards consistent with the established population criteria, sites with those density standards are accepted as appropriate for accommodating the jurisdiction’s share of regional housing need for lower income households. For jurisdictions such as Anaheim in metropolitan counties, the “default” density is a minimum of 30 dwelling units per acre. b. Zoning Code The Zoning Code is the primary tool for implementing the General Plan. It is designed to protect and promote public health, safety and welfare, as well as to promote quality design and quality of life. The City of Anaheim’s residential zoning designations control Housing Element Chapter 3: Resources and Constraints 3-4 PUBLIC REVIEW DRAFT DECEMBER 2013 both the use and development standards of each residential parcel, thereby influencing the development of housing. Table 3-2 summarizes the permitted residential uses in the residential and mixed-use zones. Single-family residential zones include three designations for hillside areas: RH-1, RH-2, RH-3 (Single-family hillside) and four designations for other areas of the City: RS-1, RS-2, RS-3 and RS-4 (Single-family). Single-family, detached units are permitted by right in all of the single-family residential zones, except for RS-4 where a conditional use permit is required. The multi-family residential zones are RM-1, RM-2, RM-3 and RM-4. Multi-family dwellings are permitted by right in the RM-2, RM-3 and RM-4 zones. They are subject to a conditional use permit in the RM-1 zone. Single-family attached dwellings are permitted by right in the RM-2 zone and require a conditional use permit in the RM-1, RM-3 and RM-4 zones. Single-family detached units are permitted by right in the RM-2, RM-3 and RM-4 zones when combined with single-family attached dwellings in the same project. Single-family detached units are subject to a conditional use permit in the RM-1 zone. The City of Anaheim has also established three mixed use overlay zones: the Platinum Triangle Mixed Use Overlay (PTMU), the Downtown Mixed Use Overlay (DMU) and the Mixed Use Overlay (MU). The PTMU Overlay Zone covers approximately 590 acres within the Platinum Triangle. The DMU Overly Zone covers approximately 37 acres in the Downtown area. The MU Overlay Zone can be used in conjunction with any underlying zone in the City. To implement the 2006-2014 Housing Element policy program, the City established the Residential Opportunity (RO) Overlay Zone. This Overlay Zone can be applied to properties that are currently zoned and/or developed with non-residential uses but designated for multiple-family residential uses by the City’s General Plan. The Overlay Zone is intended to serve as an implementation tool of the City’s Housing Element by facilitating residential development on identified “housing opportunity sites.” The RO Overlay Zone may be applied to properties that currently maintain an underlying non- residential zone designation within the City. The RO Overlay Zone may also be applied to properties with an existing residential zoning designation that does not yield the maximum density allowed by a property’s General Plan designation. Parcels designated as Medium Density Residential in the General Plan Land Use Element are subject to the RM-4 zoning designation. Parcels designated as Low-Medium Density Residential in the General Plan Land Use Element are subject to the RM-3 zoning designation. Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-5 Table 3-2 Primary Uses- Residential Zones Zone Single Family Detached Single Family Attached Multiple Family Existing Acreage RH-1 P -- -- 375.53 RH-2 P -- -- 675.47 RH-3 P -- -- 692.26 RS-1 P -- -- 252.51 RS-2 P -- -- 4718.19 RS-3 P -- -- 1297.53 RS-4 C -- -- 25.88 RM-1 C C C 0 RM-2 P1 P P 607.30 RM-3 P1 C P 501.27 RM-4 P1 C P 1,848.66 DMU P P P 37.32 PTMU -- P P/C2 590.06 MU C C C 9.53 P=Permitted by Right C= Conditional Use Permit Required Notes: 1 Single-family detached units permitted by right when combined with single-family attached dwellings in the same project. 2 Multiple-family dwelling units are subject to a conditional use permit in the Gateway District, Sub Area B. Source: City of Anaheim Municipal Code Chapter 18 Table 3-3 summarizes the housing types permitted by-right, conditionally permitted or prohibited in the City by zone. Uses permitted by-right do not require discretionary review and can be submitted directly for building plan check and permits. These projects under go staff-level (ministerial) review by the Planning Division during the plan check process. In addition to the housing types shown in Table 3-2, the City also permits or conditionally permits mobile home parks, residential care facilities, convalescent and rest homes, group care facilities, senior second units, second units and senior citizen housing in many of the residential and non-residential zones. Housing Element Chapter 3: Resources and Constraints 3-6 PUBLIC REVIEW DRAFT DECEMBER 2013 Single family detached dwellings are defined as “…one dwelling unit on a single lot, which dwelling is separated from any other dwelling unit. This use class includes detached condominiums and detached single-family dwellings in other common interest developments, as defined in Section 1351 of the California Civil Code, as it may be amended from time to time. Manufactured homes certified under the National Mobile Home Construction and Safety Standards Act of 1974, which are installed on a permanent foundation approved by the City, are also included.” (Anaheim Municipal Code Section 18.90) A manufactured/factory built house is considered to be single-family detached dwelling. Single family attached dwellings are defined as “one dwelling unit, on a single lot, constructed with a common wall, with one or more single-family units located on other lots. This use class includes attached condominiums and attached single-family dwellings in other common interest developments, as defined in Section 1351 of the California Civil Code, as it may be amended from time to time.” (Anaheim Municipal Code Section 18.90) Multiple family dwellings are defined as “two or more dwelling units within the same structure, located on a single lot, each with its own kitchen and bathroom facilities.” (Anaheim Municipal Code Section 18.90) The Zoning Code does not differentiate between owner-occupied and rental uses, with the exception of projects utilizing the density bonus ordinance for affordable housing in that rental units may be entitled to additional density bonus incentives. Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-7 Table 3-3 Permitted Uses Zone Single Family Detached Single Family Attached Multiple Family Mobile Home Parks Residential Care Facilities Convalescent & Rest Homes Group Care Facilities Senior Second Units Second Units Senior Citizen Housing RH-1 P -- -- N P N C C P -- RH-2 P -- -- N P N C C P -- RH-3 P -- -- N P N C C P -- RS-1 P -- -- N P C C C P -- RS-2 P -- -- N P C C C P -- RS-3 P -- -- C P C C C P -- RS-4 C -- -- N P N C N N -- RM-1 C C C N P N C C P C RM-2 P1 P P C P N C C P C RM-3 P1 C P C P N C C P C RM-4 P1 C P C P C C C P C C-NC -- -- -- N -- N C -- -- C C-R -- -- -- N -- N C -- -- C C-G -- -- -- C -- C C -- -- C O-L -- -- -- N -- N C -- -- N Housing Element Chapter 3: Resources and Constraints 3-8 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 3-3 Permitted Uses Zone Single Family Detached Single Family Attached Multiple Family Mobile Home Parks Residential Care Facilities Convalescent & Rest Homes Group Care Facilities Senior Second Units Second Units Senior Citizen Housing O-H -- -- -- N -- N C -- -- N I -- -- -- C -- -- -- -- -- -- OS N -- -- N -- N N -- -- N PR N -- -- N -- N C -- -- N SP N -- -- N -- N C -- -- N T P -- -- C -- C N -- -- C PTMU Overlay N P P/C2 -- -- -- -- -- -- C BCC Overlay CUP required for all residential uses except for Senior Citizen Housing; Permitted based on underlying zone; mobile home parks are prohibited in the O-L and C-G zones. SABC Overlay- Neighborhood Residential District P C Permitted based on underlying zone. SABC Overlay- Boulevard Residential District Permitted based on underlying zone. P Permitted based on underlying zone. Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-9 Table 3-3 Permitted Uses Zone Single Family Detached Single Family Attached Multiple Family Mobile Home Parks Residential Care Facilities Convalescent & Rest Homes Group Care Facilities Senior Second Units Second Units Senior Citizen Housing SABC Overlay- Neighborhood Commercial and Neighborhood Commercial Mixed Use District Permitted based on underlying zone. Residential units and senior citizen housing above first floor commercial uses are permitted. MHP Overlay -- -- -- P -- -- -- -- -- -- FP Overlay Dwellings permitted when allowed in the underlying zone. DMU Overlay P P P -- -- C C -- -- P MU Overlay -- C3 C3 -- -- -- -- -- -- C RO Overlay Residential uses permitted by-right; Parcels designated as Medium Density Residential in the General Plan Land Use Element shall be subject to the (RM-4) Multiple-Family zoning designation. Parcels designated as Low-Medium Density Residential in the General Plan Land Use Element shall be subject to the (RM-3) Multiple Family zoning designation. P=Permitted by Right; C= Conditional Use Permit Required; N=Prohibited; "--" =Not listed for the zone Notes: 1 Single-family detached units permitted by right when combined with single-family attached dwellings in the same project. 2 Multiple-family dwelling units are subject to a conditional use permit in the Gateway District, Sub Area B. 3 Permitted by-right on designated Housing Opportunity Sites in the most current certified General Plan Housing Element. Source: City of Anaheim Municipal Code Chapter 18 Housing Element Chapter 3: Resources and Constraints 3-10 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 3-4 summarizes the single-family residential zoning designations and their requirements. Tables 3-5 and 3-6 summarize the multi-family residential designations and requirements. Table 3-7 summarizes the requirements for mixed-use residential development. The maximum number of units allowed in a multi-family residential development is determined primarily by the minimum lot area required per dwelling unit, the maximum allowable site coverage and the maximum permitted building height. Of these three standards, the minimum lot area required per dwelling unit is the most important in determining the number of units that can be developed on a site. This standard accounts for the minimum size of the unit based on bedroom count and the necessary parking and recreational space for each unit. Based on the numerous constructed and approved multi- family projects in Anaheim that have been developed while adhering to these standards, the City has not found that the development standards adversely impact the cost and supply of the housing or the ability to achieve maximum densities. Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-11 Table 3-4 Summary of Single-Family Residential Zoning Requirements Zone Minimum Lot Area (Sq. Ft.) Maximum Lot Coverage Minimum Floor Area (Sq. Ft.) Maximum Building Height Minimum Front Yard (Ft.) Minimum Interior Side Yard (Ft.) Minimum Street Side Yard (Ft.) Minimum Rear Yard (Ft.) RH-1 43,560 N/A 1,700 25 ft./ 2 stories 20 15 15 20 RH-2 22,000 N/A 1,700 25 ft./2 stories 25 (where a tract or minimum of one block (one side of the street) is to be developed concurrently, average of 25 ft., with the minimum of 15 ft.) 10 (min. 10 ft. from any private access easement of record) 10 (min. 10 ft. from any private access easement of record) 25% depth of lot, need not exceed 25 ft. (min. 10 ft. from any private access easement of record) RH-3 10,000 40% 1,700 25 ft./2 stories (certain areas subject to Sect. 18.04.070.040) 20 6 single story building, 15’ combined for 2- story building, but not less than 6 ft. on a single side (min. 10 ft. from any private access easement of record) 9 (min. 10 ft. from any private access easement of record) 15 (min. 10 ft. from any private access easement of record) Housing Element Chapter 3: Resources and Constraints 3-12 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 3-4 Summary of Single-Family Residential Zoning Requirements Zone Minimum Lot Area (Sq. Ft.) Maximum Lot Coverage Minimum Floor Area (Sq. Ft.) Maximum Building Height Minimum Front Yard (Ft.) Minimum Interior Side Yard (Ft.) Minimum Street Side Yard (Ft.) Minimum Rear Yard (Ft.) RS-1 10,000 40% 1,700 35 ft./ 2-1/2 stories 30 or 25% of depth of lot, whichever is less 10% of width of lot, except not less than 5 ft. and need not exceed 10 ft. 9 25 or 25% of the depth of the lot, whichever is less RS-2 7,200 40% 1,225 35 ft./ 2-1/2 stories 25 or 25% of depth of lot, whichever is less 5 9 25, may be reduced to 10’ provided the dwelling or accessory structures does not occupy more than 35% of the required setback RS-3 5,000 40% 1,225 30 ft./ 2 stories 15, (where a tract or minimum of one block (one side of the street) is to be developed concurrently, average of 15 ft., with the minimum of 10 ft.) 5 to property line or for development of an entire tract, 0 ft on one side and 10 ft on the other side, provided a min. 10 ft. between structures on adj. lots 9 15 Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-13 Table 3-4 Summary of Single-Family Residential Zoning Requirements Zone Minimum Lot Area (Sq. Ft.) Maximum Lot Coverage Minimum Floor Area (Sq. Ft.) Maximum Building Height Minimum Front Yard (Ft.) Minimum Interior Side Yard (Ft.) Minimum Street Side Yard (Ft.) Minimum Rear Yard (Ft.) RS-4 3,960 50%* 1,225* 30 ft./ 2 stories 10, setback may be an average of 10 ft. with a min. of 5 ft.* 5 to property line or for development of an entire tract, 0 ft on one side and 10 ft on the other side, provided a min. 10 ft. between structures on adj. lots 9 10 for single story structures, 15 for 2-story structures * Modifications permitted subject to A.M.C. Section 18.04.160 (Development in the RS -4 Zone). Source: City of Anaheim Municipal Code, Chapter 18 Housing Element Chapter 3: Resources and Constraints 3-14 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 3-5 Summary of Multiple Family Residential Zoning Requirements Zone Minimum Lot Area (Sq. Ft.) Maximum Lot Coverage Minimum Floor Area (Sq. Ft.) Maximum Building Height RM-1* 3,350/du 50% Subject to A.M.C. Section 18.06.160 40 ft. RM-2 3,000/du 40% Studio units: 550 sq. ft., provided however that the number of studio units shall not exceed 20% of the total number of units 1-bedroom units: 750 sq. ft. 2-bedroom units: 950 sq. ft. 3-bedroom units: 1,150 sq. ft. 4-bedroom units: 1,350 sq. ft. 40 ft., CUP for >40 ft. or >3 stories RM-3* 2,400/du 45% Studio units: 550 sq. ft., provided, however, that the number of studio units shall not exceed 20% of the total number of units. 1-bedroom units: 700 sq. ft. 2-bedroom units: 825 sq. ft. 3-bedroom units: 1,000 sq. ft. >3 bedroom units: 1,000 sq. ft. plus 200 sq. ft. for each bedroom over 3 40 ft., CUP for >40 ft. or >3 stories RM-4* 1,200/du 55% Same as RM-3 40 ft., CUP for >40 ft. or >3 stories * Pursuant to A.M.C. Section 18.060160 (Residential Planned Unit Development) all development in the “RM-1" Zone and any development in the “RM-3" or “RM-4" Zones that includes single-family attached dwellings require approval by the Planning Commission of an application for a conditional use permit. Development standards may be modified as part of the conditional use permit in order to achieve good project design, privacy, livability, and compatibilit y with surrounding uses. Source: City of Anaheim Municipal Code Title 18 Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-15 Table 3-6 Summary of Multiple Family Residential Setback Requirements Setbacks Abutting a Public Street Arterial highway: 20 ft. average, 15 ft. minimum Public street other than an arterial: 15 ft. Setbacks Abutting Interior Property Lines: 1 story 10 ft. 2 story- Primary 15 ft. 2 story- Secondary 15 ft. 2 story- Blank 15 ft. 3 story- Primary 20 ft. 3 story- Secondary 15 ft. 3 story- Blank 15 ft. 4 story- Primary 25 ft. 4 story- Secondary 20 ft. 4 story- Blank 15 ft. Setbacks within 150 ft. of Single Family Residential Zones: 1 story 20 ft. 2 story- Primary 35 ft. 2 story- Secondary 25 ft. 2 story- Blank 20 ft. 3 story- Primary 55 ft. 3 story- Secondary 45 ft. 3 story- Blank 40 ft. 4 story- Primary 75 ft. 4 story- Secondary 65 ft. 4 story- Blank 60 ft. Source: City of Anaheim Municipal Code Chapter 18 Housing Element Chapter 3: Resources and Constraints 3-16 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 3-7 Summary of Mixed-Use Zoning Requirements Overlay Zone Project Size Maximum Lot Coverage Minimum Floor Area (Sq. Ft.) Maximum Building Height (Ft.) Minimum Setback Abutting Public Rights-of-Way, Private Streets and Alleys (Ft.) Minimum Setback Abutting Interior Property Lines (Ft.) Minimum Setback Between Buildings (Ft.) PTMU 50 units minimum 75% Studio: 500 sq. ft. 1-bedroom: 650 sq. ft.; 2-bedroom: 825 sq. ft.; 3-bedroom: 1,000 sq. ft.; >3-bedroom; 1,000 + 200 sq. ft. per additional bedroom over 3 Arena & Stadium Districts: unlimited, All others: 100 feet (greater heights permitted by conditional use permit) 9.5 to 25 feet based on specific street 5 ft. 20 ft. DMU Determined as part of the planned mixed use development process. MU Minimum lot size: 3 acres; Minimum density: 36 du/ac; Maximum density: 60 du/ac N/A Studio: 550 sq. ft. 1-bedroom: 700 sq. ft.; 2-bedroom: 825 sq. ft.; 3-bedroom: 1,000 sq. ft.; >3-bedroom; 1,000 + 200 sq. ft. per additional bedroom over 3 Based on underlying zone Source: City of Anaheim Municipal Code, Chapter 18 Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-17 Table 3-8 summarizes the minimum and maximum densities permitted by building type in the Platinum Triangle Mixed Use Overlay Zone. The permitted densities are based on the gross number of dwelling units and the gross lot size excluding public and private streets, alley rights-of-way, and public and private easements for ingress and egress. Table 3-8 BUILDING TYPES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Building Type Unit Type Density Range Units/Acre Definition Tuck-Under Townhomes Flats 16-30 Residential buildings in which individual parking garages are located under the living unit but still accessed by surface driveways Wrapped Deck Flats 45-80 Residential buildings that surround, or wrap around, a freestanding (not subterranean) parking structure Podium Townhomes Flats 16-100 Residential buildings located above a subterranean parking structure High-Rise Tower Flats 65-100 Residential buildings over 55 feet in height Source: City of Anaheim Municipal Code, Chapter 18 i. Downtown Mixed Use (DMU) The Downtown Mixed-Use (DMU) Overlay Zone was adopted in 2003 in order to introduce a mixed-use setting into a 36-acre portion of the Downtown area. The Overlay provides maximum flexibility while encouraging consistency between the City's historic architecture and new development. The Overlay Zone does not have any setback, height or density requirements thereby allowing for maximum design flexibility. Development requires approval of a Final Site Plan, which is reviewed for consistency with the standards for the DMU Overlay Zone, including the Design Guidelines for the Downtown Mixed Use Overlay. The guidelines allow for the use of innovative solutions to design constraints. Approval of a Final Site Plan is required prior to approval of grading or building plans. The Final Site Plan is reviewed by the Planning Commission; however, it does not require a public hearing. If the Final Site Plan is found in conformance with the DMU Overlay Zone, it is approved. Development within the DMU Overlay Zone typically falls within the environmental analysis completed by a previously certified EIR for the existing Redevelopment Area and thus does not require Housing Element Chapter 3: Resources and Constraints 3-18 PUBLIC REVIEW DRAFT DECEMBER 2013 further environmental review, which also helps streamline the development review process. Since its adoption, 6.5 acres have been developed or are under construction pursuant to the DMU Overlay Zone, resulting in 129 condominium-units, 277 apartment units, over 55,000 square feet of commercial uses and a 13,000 square foot cultural/heritage center (the Muzeo). The densities for this development range from 44 to 102 dwelling units/acre. Because the Overlay Zone allows for maximum design creativity and does not require public hearings for development approvals, it been a successful tool towards introducing high density, mixed-use development to the Downtown area. ii. Mixed Use (MU) Overlay Zone The Mixed Use (MU) Overlay Zone was adopted in 2004 to implement the General Plan Mixed Use land use designation in areas outside of the City's DMU Overlay Zone and The Platinum Triangle. The MU Overlay Zone allows development at densities of up to 60 dwelling units per acre, much higher than any of the City's residential zones. Since mixed-use development in the MU Overlay Zone is not specific to one geographic area, project proposals will vary from project to project and location to location. The conditional use permit process allows development flexibility for these projects as long as the Planning Commission can determine that the development meets the following criteria that can be supported with evidentiary findings: (1) the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; (2) the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; (3) the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and, (4) the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Since 2004, approximately eight acres have been reclassified to the MU Overlay Zone. Development has included a 52- unit apartment complex with 36 units affordable to very-low income families and 15 units affordable to low income families. Another project includes the preservation of a historic commercial building and historic homes. Development proposals have not yet been submitted for the remaining properties in the MU Overlay Zone. iii. Platinum Triangle Mixed Use (PTMU) Overlay Zone Development within Sub Area A of the Gateway District of the Platinum Triangle Mixed Use (PTMU) Overlay Zone is subject to the approval of a conditional use permit. A conditional use permit was approved for this area in 2005 for a specific development project (Archstone Gateway). This project encompasses the entirety of Sub Area A and has been completed. The application for this project was submitted prior to the adoption of the PTMU Overlay Zone. Due to the complex nature of this project (the 884-unit apartment complex is located in two cities) and the amount of design work that was completed prior to the adoption of the PTMU Overlay Zone; it was determined that a Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-19 conditional use permit would be the best tool to allow greater design flexibility to accommodate the unique characteristics of this project. c. Parking Requirements Table 3-9 summarizes the residential parking requirements in Anaheim. Parking requirements do not constrain the development of housing directly. However, parking requirements may reduce the amount of available lot areas for residential development. The City determines the required number of parking spaces based on the type and size of residential unit and has found the required parking spaces to be necessary to accommodate the number of vehicles typically associated with each residence. It should also be noted that uncovered parking spaces, such as those allowed to meet the parking requirements for multi-family residential development, are not included in the calculation of lot coverage. Based on the numerous constructed and approved projects in the Anaheim, the City has found that the parking requirements do not unduly impact the cost and supply of housing. Table 3-9 Residential Parking Requirements Type of Residential Development Required Parking Spaces (off street) Single Family Residential (6 or fewer bedrooms) 4 (2 in garage) Single Family Residential (7 or more bedrooms) 4 (2 in garage), plus 1 additional space per each bedroom over 6 bedrooms Multi-Family Residential (Studio) 1.25 per unit Multi-Family Residential (1 bedroom) 2.0 per unit Multi-Family Residential (2 bedrooms) 2.25 per unit Multi-Family Residential (3 or bedrooms) 3.0 per unit (plus 0.5 space for each bedroom over 3 bedrooms) Mobile Home Parks 2 plus 1 guest space for every 4 mobile homes Senior Housing 1 (studio/1-bedroom unit) or 2 (2-bedroom unit) Second Residential Units 1 (efficiency/1-bedroom unit) or 2 (2-bedroom unit) Senior Second Units 1 per unit PTMU (1 bedroom) 1.5 per unit PTMU (2 bedrooms) 2.0 per unit PTMU (3 bedrooms) 2.5 per unit PTMU (4 bedrooms) 3.5 per unit DMU 1 per unit; determined as part of the final plan review process MU Determined as part of the conditional use permit process; single family/multi-family residential parking requirements above apply to all residential development that is not part of a mixed- use project Source: City of Anaheim Municipal Code Title 18, Sect. 18.42 et. seq. Housing Element Chapter 3: Resources and Constraints 3-20 PUBLIC REVIEW DRAFT DECEMBER 2013 2. Density Bonus Ordinance In order to encourage the construction of affordable housing developments for very low low and moderate income households, and in accordance with Chapter 4.3 Section 65915 et. seq. of the California Government Code, the City of Anaheim has adopted a Density Bonus Ordinance (Chapter 18.52 of the Municipal Code). Upon request from the applicant, the City grants a density bonus based on the percentage of affordable units, senior housing units or transfer of land to the City for development of very-low income housing units or the provision of child care facilities. Projects qualifying for the density bonus also receive reduced parking requirements, concessions and other development incentives. a. General Density Bonus for Affordable Units The City grants a density bonus for developments providing units affordable to and occupied by moderate, low and very-low income persons and households. The project must have a minimum of five units and an affordability covenant is required for at least 30 years. Table 3-10 outlines the density bonuses allowed based on the percentage of units in each affordability category in conformity with State law. Table 3-10 Density Bonus for Provision of Affordable Units Percentage Very-Low Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 Percentage Low Income Units Percentage Density Bonus 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 16 29 17 30.5 18 32 19 33.5 20 35 Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-21 Table 3-10 Density Bonus for Provision of Affordable Units Percentage Moderate Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 Source: City of Anaheim Municipal Code Section 18.52 b. Density Bonus for Senior Housing Senior housing developments meeting the criteria of California Civil Code Sections 51.3 and 51.12 are granted a density bonus of 20 percent. Section A.3 of this chapter describes the City’s Senior Citizen’s Apartment Projects Ordinance. Housing Element Chapter 3: Resources and Constraints 3-22 PUBLIC REVIEW DRAFT DECEMBER 2013 c. Density Bonus for Transfer of Land Upon application and pursuant to the City’s Density Bonus Ordinance, t he City grants a density bonus when an applicant agrees to donate land to the City for the development of very-low income affordable units. The transferred land must be at least one net acre or of sufficient size to develop at least 40 units. The land must also be sufficient in size to permit construction of affordable units equal or greater than ten percent of the number of units proposed by the associated subdivision map, parcel map or residential development approval. The transferred land must also have the appropriate zoning and general plan designation, be or will be served by adequate public facilities and infrastructure, and be within the boundary of the proposed development or another acceptable area. The density bonus is based on the percentage calculated by number affordable units to be built on the transferred land divided by the total number of units in the proposed housing development. Table 3-11 shows the density bonus granted based on percentage of very- low income units. This increase is in addition to any increase in density under the density bonus for affordable units up to a maximum combined density bonus of 35 percent. Table 3-11 Transfer of Land D ensity Bonus Percentage Very-Low Income Units Percentage Density Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 Source: City of Anaheim Municipal Code Section 18.52 Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-23 d. Density Bonus for Condominium Conversion A density bonus, or another incentive of equivalent financial value, is granted for a condominium conversion project when the applicant agrees to provide at least 33 percent of the total ownership units to low or moderate income households or 15 percent to lower income households. The density bonus is a 25 percent increase in units over the number of units otherwise legally permitted. e. Density Bonus for Child Care Facilities Developments that qualify for a density bonus and include child care facilities located on-site or adjacent to the development are granted an additional density bonus equal to or greater than the amount of square feet of the child care facility. In lieu of the density bonus, an additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facilities can be granted. f. Density Bonus for Affordable Rental Housing Development The City has developed significant incentives and allows for concessions to encourage affordable rental housing development through its Density Bonus Ordinance. The Ordinance, which goes above and beyond State-mandated density bonus provisions, was developed in a cooperative effort between the City and affordable housing advocacy interests. Qualifying affordable rental housing developments are granted a density bonus of 35 percent. A qualifying project must be at least one acre in size with at least 36 units unless this requirement is waived by the Planning Director. A minimum of 20 percent of the total units or five units, whichever is greater, must be affordable to very-low income households for at least 55 years. In order to encourage development of housing suitable for families, no more than 30 percent of the total units in the development can be one bedroom units, unless the development is targeted for a special needs population and approved by the Planning Director. g. Development Incentives Anaheim’s development incentives are organized in two tiers. Tier One Incentives are granted through ministerial review. Tier Two Incentives are granted through a public hearing process before the Planning Commission. The number of incentives granted is based on the percentage of affordable units provided. Projects proposing a child care facility that is granted a density bonus receive one additional incentive. Affordable Rental Housing Developments receive any and all Tier One Incentives and up to three Tier Two Incentives. Table 3 -12 lists the number of incentives granted by the level and percentage of affordability. Housing Element Chapter 3: Resources and Constraints 3-24 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 3-12 Number of Incentives by Level of Affordability Level of Affordability Percentage of Affordable Units Number of Development Incentives Very-low income At least 5% 1 At least 10% 2 At least 15% 3 Lower income At least 10% 1 At least 20% 2 At least 30% 3 Moderate Income (common interest developments only) At least 10% 1 At least 20% 2 At least 30% 3 Source: City of Anaheim Municipal Code Title 18, Sect. 18.58.090 Tier One incentives include the following: • Increased allowable site coverage to a maximum of 90 percent for any fully subterranean garage and to 65 percent for all structures; • Decreased size for 50 percent of the required trees from 24-inch box to 15 gallon; • Ten percent deviation of the structural setbacks for development on an irregular lot; • Reduced landscape setback of not less than 15 feet in depth along an arterial highways and not less than 10 feet on all other streets for developments on lots with multiple street frontages; • Increased maximum allowable building height and/or stories up to four stories when the structure is located more than 150 feet from any single-family residential zone boundary or Mobile Home Park (MHP) Overlay Zone; and • Reduction of a required setback as shown in Table 3-13. Each setback reduction requested shall be counted as one incentive. A minimum 5 foot wide landscape setback from interior lot lines shall be provided. Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-25 Table 3-13 Tier One Development Incentives Setbacks Setbacks from Interior Property Lines Adjacent to Single-Family Residential Adjacent to all Other Zones Two-Story Structures Primary Wall 30 ft. 10 ft. Secondary or Blank Wall 15 ft. 10 ft. Three-Story Structures Primary Wall 35 ft. 15 ft. Secondary or Blank Wall 20 ft. 10 ft. Four-Story Structures (the reduced interior lot line setback is a Tier One Incentive; an increase in the maximum allowable building height up to four stories is a separate incentive) Primary Wall 55 ft. 15 ft. Secondary or Blank Wall 45 ft. 10 ft. Setbacks Between Buildings Wall Type Primary Secondary Blank Two-Story Structures Primary 25 ft. 15 ft. 10 ft. Secondary 10 ft. 10 ft. 10 ft. Blank 10 ft. 10 ft. 10 ft. Three-Story Structures Primary 35 ft. 10 ft. 10 ft. Secondary 10 ft. 10 ft. 10 ft. Blank 10 ft. 10 ft. 10 ft. Four-Story Structures (the reduced interior lot line setback is a Tier One Incentive; an increase in the maximum allowable building height up to four stories is a separate incentive) Primary 45 ft. 30 ft. 20 ft. Secondary 30 ft. 25 ft. 20 ft. Blank 20 ft. 20 ft. 20 ft. Source: City of Anaheim Municipal Code Section 18.52.090 Housing Element Chapter 3: Resources and Constraints 3-26 PUBLIC REVIEW DRAFT DECEMBER 2013 Tier Two incentives include the following: • Reduction of right-of-way dedication or improvements; • Increase maximum building height and/or stories to a height of four stories; • Density bonus of more than 35 percent; • A reduction in the minimum number of required parking spaces; • Approval of mixed-use zoning; and, • Other regulatory incentives that result in identifiable and actual cost reductions or avoidance. h. Parking Ratio Reduction In addition to the density bonus and development incentives, reduced parking requirements are offered for projects that meet the criteria for either a density bonus or Affordable Rental Housing Development. These parking requirements are provided in Table 3-14. Table 3-14 Density Bonus and Affordable Rental Housing Development Parking Requirements Unit Size Density Bonus Affordable Rental Housing Development Studio 1.0 per unit 1.0 per unit 1 bedroom 1.0 per unit 1.0 per unit 2 bedroom 2.0 per unit 1.5 per unit 3 bedroom 2.0 per unit 2.0 per unit 4 bedroom 2.5 per unit 2.0 per unit Source: City of Anaheim Municipal Code Title 18, Sect. 18.58.050 3. Senior Citizen Housing The Zoning Code allows Senior Citizen Housing in all multi-family zones and the Neighborhood (C-NC), Regional (C-R) and General (C-G) commercial zones with a conditional use permit. Development standards for Senior Citizen Housing are found in Chapter 18.50 (Senior Citizens’ Apartment Projects) of the Municipal Code. Projects are reviewed for design, compatibility with existing neighborhood scale and character and a high level of livability for senior citizens. Any proposal for a senior citizens' apartment project shall include adequate consideration and information as to the location of the site in relation to the proximity and accessibility to necessary services, including grocery stores, transit stops, medical facilities and banks. As a condition of approval for a senior citizens’ apartment project, at least 49 percent of the total dwelling units must be affordable to very-low income households with an affordability covenant for at least 30 years. Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-27 4. Emergency Shelters and Transitional Housing and Single Room Occupancy Units a. Homeless Shelters To accommodate its share of the region’s homeless, there are numerous non-profit organizations within the City of Anaheim and adjacent jurisdictions that offer shelter and services to homeless persons. Non-profit organizations that have received funding through the City’s Emergency Shelter Grant program include: Anaheim Interfaith Shelter, Colette’s Children’s Home, H.I.S. House, Mental Health Association, Mercy House Transitional Living Centers, Inc., Thomas House, WISEPlace and Women’s Transitional Living Center (WTLC). The City also participates in the Orange County Continuum of Care Community Forum. The City works within this collaborative to help identify needs and gaps in the housing/service needs of the region’s homeless. State Housing Law requires that cities identify sites that are adequately zoned for homeless shelters and transitional housing. Additionally, cities must not unduly discourage or deter these uses. Table 3-15 provides a summary of emergency shelters and transitional housing in Anaheim. Table 3-15 Homeless Facilities in Anaheim Facility Name Type of Facility Target Population Number of Shelter Beds Anaheim Interfaith Shelter Transitional Families w/ children 60 Collette’s Childrens Home Transitional Women/Women with children 24 Heritage Cottage Transitional Women with children/Substance Addiction 10 Heritage House North Transitional Women with children/Substance Addiction 16 Heritage House Village Transitional Women with children/Substance Addiction 40 Eli Home Transitional Women w/ children 28 Veteran’s First Transitional Veterans 24 Total 202 Source: City of Anaheim 2010-2015 Consolidated Plan A single emergency shelter housing up to 50 occupants, or a combination of multiple shelters with a combined capacity not to exceed 50 occupants, is permitted in the Industrial (I) Zone or the Northeast Area Specific Plan No. 94-1 (SP 94-1) Zone, Housing Element Chapter 3: Resources and Constraints 3-28 PUBLIC REVIEW DRAFT DECEMBER 2013 excluding properties within Development area 5 or 6. However, emergency shelters are not permitted in either zone on parcels designated by the General Plan for any residential use, including mixed-use residential. Emergency shelters for more than 50 occupants are subject to a conditional use permit in the Industrial Zone or the Northeast Area Specific Plan No. 94-1 Zone. Religious institutions located within the Industrial Zone may establish on-site Emergency Shelters for up to 50 occupants without the need to amend an existing conditional use permit or apply for a new conditional use permit, regardless of current combined capacity with any existing Emergency Shelters currently in operation. Emergency shelters must comply with the following development standards: • Stays at the facility shall be provided on a first-come first-served basis. The facility shall be open 24 hours a day; however, clients shall only be admitted to the facility only between 6:00 p.m. and 8:00 a.m. Clients must check out of the facility by 8:00 a.m. but may remain on the premises to avail themselves of other services offered. Clients must check in daily and have no guaranteed bed for the next night. • A person’s maximum length of stay at the facility shall not exceed 180 days in a 365 day period. • Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. • A minimum distance of 300 feet, measured from the property line, shall be maintained from any other Emergency Shelter. A minimum distance of 1000 feet, measured from the property line, shall be maintained from any property designated for residential use by the Anaheim General Plan, including any mixed- use designation that permits residential uses, any public or private school serving a minor population, any day-care center and any assisted-living facility. • A minimum of one (1) staff member per fifteen (15) beds shall be on active duty when the facility is open. • Bicycle racks or bicycle lockers shall be provided by the facility. • Exterior lighting plans shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Police Departments. • A client waiting area shall be provided and contain a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6-foot tall screening of mature landscaping or by a minimum 6- foot tall decorative masonry wall, and shall provide shade and protection from the elements. • Any outdoor storage, including, but not limited to, items brought on -site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall screened by landscaping or by a minimum 6-foot tall decorative masonry wall. Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-29 • All facility improvements shall comply with Title 15 (Buildings and Housing) of the Anaheim Municipal Code, and shall also comply with the following requirements: o A minimum of 1 toilet for every 8 beds per gender. o A minimum of 1 shower for every 8 beds per gender. o Private shower and toilet facility for each area designated for use by individual families. o Kitchen facilities and dining hall or designated dining area shall be provided for the preparation and serving of meals for clients and staff. • The facility may provide the following services in a designated area separate from sleeping areas: o Indoor and outdoor recreation facilities. o A counseling center for job placement and/or educational, legal, or mental and physical health services. o Laundry facilities to serve the clients at the shelter. o Client storage areas for the storage of bicycles or other personal items. o Other similar facilities and services geared towards the needs of homeless clients. • An Operations Plan shall be submitted for review and approval by the Planning Director and Police Chief, or their designee, prior to the operation of the Emergency Shelter. The Plan may be required to address additional specific needs as identified by the Director or Chief. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Plan shall contain provisions addressing the following: o Security and safety. Twenty-four (24) hour a day security shall be provided. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility. o Loitering control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility. o Management for outdoor areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. o Staff training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. o Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. o Client eligibility. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region’s current Homeless Management Information System. Housing Element Chapter 3: Resources and Constraints 3-30 PUBLIC REVIEW DRAFT DECEMBER 2013 o Counseling services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. o Litter control. Litter and trash removal attributable to the clients within the vicinity of the facility shall be provided on a continual basis. During implementation of the 2006-2014 Housing Element, the City analyzed areas of the City that met the locational criteria described above to identify parcels which could accommodate emergency shelters. These “emergency shelter opportunity areas” are shown on Exhibit 3-1. There are 1,218 parcels within the emergency shelter opportunity areas. These parcels total 1,615 acres and the average parcel size is 2.07 acres. These parcels include areas that are currently underutilized, or have potential for reuse. b. Transitional and Supportive Housing Supportive Housing, as defined by Section 50675.14 of the California Health and Safety Code, is housing with no limit on the length of stay and that is occupied by a target population. The target population for supportive housing includes low-income persons having one or more disabilities. These disabilities may include mental illness, HIV or AIDS, substance abuse, or other chronic health conditions. Such housing is also linked to on-site or off-site services that assist residents in retaining their housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. On and off-site services may include, but are not limited to, tutoring, child care, and career counseling. Transitional Housing, as defined by Section 50675.2 of the California Health and Safety Code, is housing configured as rental housing developments, which may include multi- family housing, single-family housing, or group homes. Such housing is operated under State or Federal program requirements that call for termination of assistance and recirculation of the housing unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Additional services that help individuals gain necessary life skills that support independent living are also allowed but not mandated. State law allows a distinction in the permitting requirements for certain residential uses in single-family homes based on whether there are six or fewer, or seven or more people served by the housing type. This size distinction currently exists in the City’s Zoning Code for Residential and Group Care Facilities. Residential and Group Care Facilities provide 24-hour per day residential living accommodations in exchange for the payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities, such as counseling, recovery planning, or medical or therapeutic assistance. Residential or Group Care Facilities include, but are not limited to, residential care facilities for persons with BALL RD LA PALMA AVE EUCLID STKATELLA AVEHARBOR BLVDEAST STDALE AVEORANGETHORPE AVE BROADWAY LINCOLN AVE NOHL RANCH RD SUNKIST STSTATE COLLEGE BLVDMAGNOLIA AVEBROOKHURST STMIRALOMA AV E ORANGEWOOD AVE SANTA ANA CANYON RD TUSTIN AVEORANGE AVEKNOTT AVEIMP E R I A L H W Y CHAPMAN AVEWALNUT STANAHEIM BLVD W E I R C A N Y O N R D LEWIS STSERRANO AVERIO VISTA STNINTH STGILBERT STCERRITOS AVE FAI R M O N T B L V DBLUE GUM ST CROWTHER AVE RICHFIELD RDOAK CANYON DR M A N C H E S T E R A V E LAKEVIEW AVEDOUGLASS RDGLA S S E L L S T BEACH BLVDCRESCENT AVE LEMON STKELLOGG DRLINCOLN AVE CRESCENT AVE LINCOLN AVE DALE AVECERRITOS AVE 3281_1 Emergency Shelter Opportunity Areas °0 4,500 9,000 Feet City of AnaheimPlanning TechnologyJanuary 25, 2012 (1,218 parcels covering 1,615 acres) Key to Features Emergency Shelter Opportunity Areas Industrial Land within 1,000 Ft. Buffer 1/2 Mile Buffer of Bus Stops Housing Element Chapter 3: Resources and Constraints 3-32 PUBLIC REVIEW DRAFT DECEMBER 2013 This page is intentionally left blank. Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-33 chronic, life-threatening illnesses, and alcoholism or drug abuse recovery or treatment facilities. Residential Care Facilities provide residential living accommodations for six or fewer persons and Group Care Facilities provide living accommodations for seven or more persons. In single-family residential zones, the City permits Supportive and Transitional Housing for six or fewer people in the same manner as a single-family dwelling unit, consistent with the current provisions for a Residential Care Facility. If the use is for seven or more people, a conditional use permit is required, consistent with the requirement for a Group Care Facility. Supportive and Transitional Housing is permitted as a matter of right within multiple-family residential and mixed use zones, regardless of the number of persons the housing serves. c. Single Room Occupancy Units Single Room Occupancy (SRO) housing provides an opportunity to meet the needs of very-low income persons and households and serve the needs of the homeless population. The Anaheim City Council adopted a Single Room Occupancy Housing Policy in 1991. The intent of the policy is to provide development incentives to the private sector to develop SRO housing without public subsidy. The City of Anaheim policy identifies a SRO development as a building designed as a residential hotel consisting of at least 100 furnished single-room guest units with not more than two occupants in each unit. A SRO unit is a unit in a SRO development designed to accommodate no more than one resident. A Living Unit is a unit in an SRO development designed to accommodate no more than two residents. Each unit has its own bathroom and limited kitchen facilities. Twenty percent of the total number of units in an SRO development must be affordable to persons earning no more than 30 percent above minimum wage and 29 percent must be affordable to very-low income persons earning not more than 50 percent of the Orange County median income. SRO developments may be located in the General Commercial (C-G) and Industrial (I) zones. SRO’s are subject to a conditional use permit and require a management plan be developed and adhered to. Each project is reviewed and the conditional use permit is granted by the Planning Commission. The process is not intended to deter the use of SRO’s, but to ensure development of high quality projects located in appropriate areas with services and facilities to assist the SRO development residents. General provisions include requirements for locating near employment services and public transit, maximum persons allowed to reside in each unit and minimum furnishings and amenities. Each project is required to have a management plan based on the City’s standard management plan to ensure consistency in the requirements from project to project. Parking requirements are as follows: • Minimum of 0.8 spaces per SRO unit and 1.6 spaces per Living Unit. • Additional 1.0 space for each resident staff member and 0.5 space for all remaining personnel. Housing Element Chapter 3: Resources and Constraints 3-34 PUBLIC REVIEW DRAFT DECEMBER 2013 • Additional 0.2 space per unit for guest parking. Parking requirements may be reduced based on the location of bus stops or provision of mass transit incentives. The development standards, permit procedures and standard conditions of approval provide consistency that encourages and facilitates the development of SRO’s. Since the adoption of the policy, the City has received two applications for SRO’s. Both of the applications were approved by the Planning Commission. However, the developers elected not to proceed with the projects. 5. Second Dwelling Units Second dwelling units provide additional opportunities to provide housing for people of all ages and economic levels, while preserving the integrity and character of single- family residential neighborhoods. The City of Anaheim permits second units in the RH-1, RH-2, RH-3, RS-1 and RS-2 zones, provided certain requirements are met. Requirements for a second unit include: • Minimum lot size of 5,000 square feet; • Minimum total floor area of 400 square feet for an efficiency unit and 550 square feet for a one or two-bedroom unit; • Maximum total floor area of 30 percent of the main dwelling unit living area for an attached second unit. If the main dwelling unit is 1,334 square feet or less in size, a 400 square foot efficiency unit is permitted; • Maximum total floor area of 50 percent of the main dwelling unit living area or 1,200 square feet, whichever is less, for a detached second unit; • No more than two bedrooms; • Minimum separation of 10 feet between the main dwelling and a detached second unit; and, • One off-street parking space for an efficiency or one-bedroom unit and two spaces for a two-bedroom unit. 6. Housing for Persons with Disabilities The U.S. Census Bureau defines persons with disabilities as those with a long-lasting physical, mental or emotional condition. This condition can make it difficult for a person to do activities such as walking, climbing stairs, dressing, bathing, learning, or remembering. This condition can also impede a person from being able to go outside the home alone or to work at a job or business. The City of Anaheim allows, by-right, residential care facilities for 6 or fewer persons in any residential zone. Group care facilities for seven or more persons are permitted subject Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-35 to a conditional use permit in any commercial zone as well as the Public Recreational (PR) and Semi-public (SP) zones. The City’s Municipal Code defines a Family as “An individual or a collective body of persons, living together as a single housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, sorority, hotel, motel, or any residential or group care facility requiring a conditional use permit.” The City’s interpretation of the definition of “family” is broad in that it includes unrelated persons living together, except in the situations explicitly called out within the definition. This definition is consistent with State law. Residential care facilities are considered a residential use and are not subject to discretionary review, provided the project meets the development standards and requirements for the zone it is located in. These projects are administratively reviewed by the City staff for compliance with applicable codes. The City does not have maximum concentration requirements for residential care facilities. Group care facilities are subject to discretionary review by the Planning Commission and require granting of a conditional use permit. The Planning Commission may establish such conditions as it may determine to be reasonably necessary to safeguard and protect the public health and safety, promote the general welfare, and ensure the development of any use authorized in accordance with approved plans, provided such conditions are reasonably related to the impacts of the use of the property for which the conditional use permit is requested. The City approved a conditional use permit for a group care facility in February 2008. The conditions of approval for this project included: • That no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. • That no public telephones on the property shall be located outside the building. • That trash storage areas shall be permanently provided in a location acceptable to the Public Works Department, Streets and Sanitation Division. • That final landscaping plans shall be submitted to the Planning Department for review and approval. Any decision made by the Planning Department may be appealed to the Planning Commission as a Reports and Recommendations item. • That the property shall be permanently maintained in any orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four hours from the time of discovery. The conditions are no different than those that would be applied to other conditionally permitted uses in the same zone. The City also allowed the project to provide less than the required parking spaces through a parking waiver. Housing Element Chapter 3: Resources and Constraints 3-36 PUBLIC REVIEW DRAFT DECEMBER 2013 Parking requirements for residential care facilities are the same as those for residential uses in their applicable zones. Group care facilities are required to provide a minimum of 0.8 parking spaces per bed. Based on approved projects in Anaheim, the City’s development standards and procedures, including site planning requirements, do not constrain housing for persons with disabilities. The City amended the Municipal Code in 2011 to establish reasonable accommodations procedures. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures regulating the siting, development or use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. An application for a request for reasonable accommodation can be filed with the Planning Department. a. Housing for Persons with Developmental Disabilities There are a number of housing types and opportunities appropriate for people living with a developmental disability, including rent subsidized homes, licensed and unlicensed single-family homes, Section 8 vouchers, special programs for home purchase, HUD housing, and SB 962 homes. SB 962 homes are licensed residential facilities for adults with developmental disabilities who are medically fragile and require around the clock licensed nursing support. The design of housing-accessibility modifications, the proximity to services and transit, and the availability of group living opportunities are some of the considerations that are important in serving this group. Incorporating ‘barrier-free’ design in all, new multifamily housing (as required by California and Federal Fair Housing laws) is especially important to provide the widest range of choices for disabled residents. Special consideration should also be given to the affordability of housing, as people with disabilities may be living on a fixed income. In order to assist in the housing needs for persons with developmental disabilities, the City coordinates with the Regional Center of Orange County to promote opportunities for supportive living services and support efforts to eliminate barriers for housing for persons with developmental disabilities. 7. Building Codes and Enforcement Building and safety codes are adopted to preserve public health and safety, and ensure the construction of safe and decent housing. These codes and standards also have the potential to increase the cost of housing construction or maintenance. Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-37 a. Building Codes The City of Anaheim has adopted the 2010 California Building Code and 2010 California Residential Code, which is based on the 2009 International Building Code and 2009 International Residential code and establishes construction standards for all residential buildings. The Code is designed to protect the public health, safety and welfare of Anaheim’s residents. The City amends the Code as needed to further define requirements based on the unique local conditions. The City’s adopted amendments to the 2010 California Residential Code include the following: • Completed Table R301.2(1) Climatic and Geographic Design Criteria to include information/requirements specific to the local conditions. • Revised Section R403.1.3 by deleting the “Exception” for stem walls. • Revised Section R405.1 by deleting the “Exception” relating to drainage systems for foundations retaining earth. • Revised Section R902.1 to allow only class A or B roofs. Anaheim’s amendments to the Code are generally consistent with the amendments adopted by other local jurisdictions in Orange County. The City requires plan check, issues building permits and conducts inspections to ensure compliance with the building and zoning codes. b. Code Enforcement Code enforcement in the City is performed both proactively and on a complaint basis. The City responds to community-reported concerns related to zoning and building code violations. In addition, the City has also developed a proactive, interdepartmental program to identify neighborhoods with deteriorated housing structures and high volume of calls for Police and Code Enforcement service (see Chapter 2, Section 4.e). The City provides assistance in these neighborhoods to address issues and improve and maintain the housing stock. Based on its analysis, the City finds the Code, local amendments and building and zoning code enforcement activities to not be constraints to the development, maintenance or preservation of housing. c. Americans with Disabilities Act The Federal Fair Housing Act of 1998 (FHA) and the Americans with Disabilities Act (ADA) are federal laws intended to assist in providing safe and accessible housing. ADA provisions include requirements for a minimum percentage of units in new developments Housing Element Chapter 3: Resources and Constraints 3-38 PUBLIC REVIEW DRAFT DECEMBER 2013 to be fully accessible for persons with physical disabilities. Compliance with these regulations may increase the cost of housing construction as well as the cost of rehabilitating older units, which may be required to comply with current codes. However, the enforcement of ADA requirements is not at the discretion of the City, but is mandated under federal law. 8. Development Fees Various development and permit fees are charged by the City and other agencies to cover administrative processing costs associated with development. These fees ensure quality development and the provision of adequate services. Often times, development fees are passed through to renters and homeowners in the price/rent of housing, thus affecting the affordability of housing. The City of Anaheim charges the majority of environmental, planning and engineering fees on an hourly basis. This ensures the fees are sufficient enough to cover costs incurred by the City for processing development applications, while not burdening developers with unnecessary fees. Table 3-16 shows the results of the survey and provides a comparative summary for Anaheim and surrounding jurisdictions. Table 3-16 Comparative Development Fee Summary (2011-2012) Description Anaheim1 Santa Ana Stanton Fullerton Environmental Negative Declaration Included in entitlement costs $59,915.90 or 10% Consultant Contract $1,390 N/A EIR Processing $181.10/hour; $30,000 deposit $95,508.50 or 10% Consultant Contract EIR preparation actual cost + $3,995 review $5,000 + recordation fee Initial Determination N/A2 N/A N/A N/A Fiscal Impact Analysis Fee N/A N/A N/A $10,000+ min deposit Traffic Impact Analysis Fee N/A N/A N/A $5,000+ min deposit Environmental Assessment N/A N/A N/A N/A Categorical Exemption $181.10/hour; $5,000 deposit $523.70 $55 $50.00 County recordation Planning General Plan Amendment $181.10/hour; $12,000 deposit $7,992.95 $2,325 $3,901.04 Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-39 Table 3-16 Comparative Development Fee Summary (2011-2012) Description Anaheim1 Santa Ana Stanton Fullerton Zoning Map Amendment $181.10/hour; $10,000 deposit N/A $1,660 N/A Development Agreement $181.10/hour; $1,000 deposit $11,336.35 $4,465+ fully burdened hourly rate $5,200 Specific Plan Amendment $181.10/hour; $12,700 deposit $14,042.80 Actual cost $3,021.20 Zone Change $181.10/hour; $2,500 deposit $5,090.40 $1,510 $3,900 Tentative Tract Map $181.10/hour; $10,700 deposit $4,116.80+$16.2 /lot $2,280 $3,621.28+$53/l ot Conditional Use Permit (Major) $181.10/hour; $10,000 deposit $5,410.85 $2,790 $3,109.60 Conditional Use Permit (Minor) $181.10/hour; $5,000 deposit $5,410.85 N/A N/A Site Plan Review N/A $38,745.555+$0. 06/sf above 100,000 sf $1,190 $3,540.16 major Design Review N/A N/A N/A $3,614 major Preliminary Plan Review N/A N/A $1,190 $158.00 Variance $181.10/hour; $10,000 deposit $4,751.70 $410-$1,490 $3,109.60 Appeals $350 - $2,300 $350-$3,518.30 $1,085 $182 Building Permit and Inspection Fee $136.73/hour $1,671.83 $123,400 $1,116.32 Plan Check $172.39/hour Varies per sq. ft. $77,564.50 $781.42/unit SMIP 0.0001% of valuation for single-family 0.0001 x valuation $1,247.50 $31.18/unit Engineering and Subdivision Final Tract Map $750/lot N/A $4,050 $140/hour average Sewer Studies Consultant contract rates; up to $5,350 deposit N/A N/A Time and materials; approx.. 3% of cost Storm Drain/Water Quality $10/lf; $6,000 deposit N/A $975 or 2% offsite cost if greater Time and materials; approx.. 3% of cost Street Improvement $10/lf; $40,000 deposit N/A $975 or 2% offsite cost if greater Time and materials; approx.. 3% of cost Housing Element Chapter 3: Resources and Constraints 3-40 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 3-16 Comparative Development Fee Summary (2011-2012) Description Anaheim1 Santa Ana Stanton Fullerton Sewer Improvement $11/lf; $22,000 deposit N/A N/A Time and materials; approx.. 3% of cost Surface Drainage $132/hour N/A N/A N/A Plan Check $132/hour N/A $5,200 or 5% offsite cost if greater Time and materials; approx.. 3% of cost Capital Facilities and Connections Sewer Connection $350/acre N/A $198,800 N/A Sewer Impact $1,919/unit N/A N/A N/A Storm Drain Impact $16,387/net acre N/A N/A N/A Other Traffic Impact/Road Fees $1,743/unit N/A N/A N/A Other Impact N/A $11,173/unit park in-lieu N/A Notes: 1 The actual deposit amount required for Planning -related fees is the largest deposit amount required plus 10% of the deposit amount for each additional deposit required. 2N/A= fee not included in survey response Source: BIA OC 2011-2012 Land Development Fee Survey Based on recent projects (Colony Park III, Donovan Ranch and Oakhaven Circle), the City has found development fees for single family residential development are approximately $22,000 per unit. The development fees per unit decrease slightly as the number of units in the project increase. Assuming the cost of land and construction for a typical single-family unit is approximately $575,000, the development fees are approximately 3.8% of the total development cost. Based on recent multi-family projects (Anton Monaco, Cherry Orchard, and The Vintage Crossings), the development fees can range from approximately $9,000 per unit to $17,500 per unit. Assuming the cost of developing a typical 2-bedroom unit in Anaheim is approximately $193,600, the development fees are approximately 4.6 to 9.0 percent of the total development cost. 9. Local Processing and Permit Procedures Considerable holding costs are associated with delays in processing development applications and plans. At times, these holding costs are passed through to renters and homeowners in the price/rent of housing, thus affecting the affordability. The City of Anaheim’s development process is designed to accommodate housing development applications of various levels of complexity and requiring different entitlements. Three Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-41 levels of decision-making bodies govern the review process in Anaheim: the Zoning Administrator, the Planning Commission and the City Council. In addition, if a project conforms to all Code requirements, the approval can be completed at a staff level. Certain projects, including affordable housing developments requesting density bonus incentives, require a pre-file application and review. The pre-file process is designed to review preliminary plans for compliance with city ordinances and standards, identify necessary on-site or off-site improvements and to determine the adequacy of the application. The pre-file process is intended to streamline the overall permitting process, by providing an opportunity for the applicant to evaluate his or her compliance with development requirements early in the process, in order to minimize the need for later plan revisions. This process also provides an opportunity for staff to communicate any necessary fees, exactions or dedications prior to the filing of a final development application. Once staff has reviewed and commented on the project, the applicant then submits a final application for any necessary entitlements. The Planning Department offers expedited review for affordable housing projects. This service represents a significant step that has been taken towards reducing the cost of developing affordable housing. Table 3-17 illustrates the typical time for applications for standard and affordable housing projects. Table 3-17 Approximate Development Timelines Item Standard Projects Very-low/Low Income Affordable Housing Projects Application Phase1 29 calendar days 28 calendar days Public Hearing Phase (Zoning Entitlements including Conditional Use Permit or Variance)2 41 calendar days 21 calendar days Plan Check 5-20 calendar days 5-15 calendar days Notes: 1 Approval or denial of Tier 1 Density Bonus Incentives will occur during the application phase, unless an application is deemed incomplete. 2 This schedule applies to requests for Tier 2 Density Bonus Incentives, Conditional Use Permits and Variances. If a development application includes a request for a zoning Reclassification, an additional four weeks will be required for processing. The expedited public hearing schedule for low, very-low, or moderate income Affordable Housing Projects does not apply to projects that involve a General Plan Amendment, Specific Plan, Environmental Impact Report or Mitigated Negative Declaration. However, staff is committed to expediting the review of such applications to make the entitlement process as brief as possible. Projects that do not require Planning Director approval or a Public Hearing may proceed directly to plan check. Source: City of Anaheim Housing Element Chapter 3: Resources and Constraints 3-42 PUBLIC REVIEW DRAFT DECEMBER 2013 10. Environmental and Infrastructure Constraints a. Environmental Constraints Environmental hazards conditions affecting housing units include seismic hazards, risk of landslides, flooding, toxic and hazardous waste, fire hazards and noise. The following sections describe hazards that may impact future development of residential units generally in the city. The potential environmental impacts associated with the sites identified to meet the City’s RHNA need have been evaluated either as part of a project entitlement (for the current, in-the-pipeline projects) or as part of Housing Opportunity Sites Rezoning Project Supplement Environmental Impact Report certified in September 2013. Based on the previous analyses, there are no known environmental constraints that preclude residential development or cannot be mitigated to allow for development during the planning period. i. Seismic Hazards Similar to most Southern California cities, Anaheim is located within an area considered to be seismically active. There are no earthquake faults zoned under the Alquist-Priolo Earthquake Fault Zoning Act within the City boundaries. The Alquist-Priolo Act prevents the construction of buildings used for human occupancy on the surface trace of active faults. Anaheim is located between two major active fault zones- the Newport-Inglewood fault zone and the Whittier-Elsinore fault zone. The Newport-Inglewood fault passes within seven miles of the western limits of the City. It is considered capable of generating an earthquake with a magnitude of 6.9 on the Richter scale. The Whittier-Elsinore fault passes within one mile of the northeastern end of the City and is capable of generating an earthquake with a magnitude of 6.8 on the Richter scale. The potential for ground rupture due to seismic activity in the City is considered low. ii. Landslides Areas of landslide potential have been identified by the City. In the Hill and Canyon areas of the City, landslides have occurred in the past. The Santiago Landslide encompasses approximately 25 acres and became active in 1993. The City established a Geologic Hazard abatement district to maintain, monitor and manage the dewatering system being used as a mitigation measure in this area. iii. Flooding Anaheim is partially located in an alluvial plain. The Santa Ana River flows through the eastern part of the City. Portions of the City are located in within the 100-year and 500- year floodplains. The majority of the Hill and Canyon areas south of Santa Ana Canyon Road are outside of the 500-year floodplain. Anaheim participates in the National Flood Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-43 Insurance Program (NFIP). The City adopts and enforces certain floodplain management ordinances and, in return, residents can purchase Federally-backed flood insurance. Flooding due to dam failure is also a potential hazard for Anaheim. Dam failure at Walnut Canyon Reservoir, Prado Dam, and Carbon Canyon Dam could potentially impact the City. iv. Toxic and Hazardous Wastes There are a number of land uses within the City of Anaheim whose operations include the use of hazardous materials. The Environmental Protection Section of the Anaheim Fire Department administers the hazardous materials program for the City. The Fire Department has also developed a Hazardous Materials Area Plan to assist agencies in pre-emergency planning and their emergency response role. v. Fire Hazards The City continues to address the need to defend persons and property from urban and wildland fires. The central and western portions of Anaheim are highly urbanized and relatively built-out. The Hill and Canyon area of the City are still threatened by the potential for wildland fires due to their less developed state with more brush and natural resources. Properties within Very High Fire Severity Zones and Special Protection Areas have been identified by the City and are subject to specific standards and regulations to prevent fires. New developments within high fire hazard areas are subject to Chapter 7A requirements of the California Building Code. The City currently operates 11 fire stations within City boundaries. Anaheim is also part of a regional coordination effort with other Orange County cities called the Metro Cities Fire Authority. vi. Noise Residential land uses are generally considered to be the most sensitive to loud noises. The principal noise sources in Anaheim are the transportation systems. Roadways are the primary source of transportation-generated noise. There are also two Metrolink/Amtrak stations and two railroad freight lines which generate noise. The City’s Planning Department currently considers noise in the project review process and works with the applicant to use site planning and other design strategies to reduce noise impacts. b. Infrastructure Constraints i. Water Anaheim operates its own water utility and water treatment plant. The water system services Anaheim, as well as, some unincorporated areas in Orange County. The City utilizes water from two main sources: groundwater produced by City-owned wells and imported water from the Metropolitan Water District of Southern California. As of 2011, Housing Element Chapter 3: Resources and Constraints 3-44 PUBLIC REVIEW DRAFT DECEMBER 2013 the City’s water system has 18 active wells, 13 reservoirs, and 752 miles of water mains. Recent legislation (SBx7-7) requires each urban retail water supplier to develop urban water use targets to help meet a 20 percent reduction in urban per capita use by 2020 and an interim 10 percent reduction goal by 2015. The City’s 2010 Urban Water Management Plan describes the strategies by which the City will meet these goals. According to the 2010 Urban Water Management Plan, the City’s water system will serve a population of nearly 433,000 people by 2035. The City is capable of providing their customers all their demands in multiple dry years from 2015 through 2035 with a demand increase of 8.7 percent. ii. Sewer Sewage is collected by City collector facilities and conveyed to trunk sewers owned and maintained by the Orange County Sanitation District, which then treats the sewage at regional facilities. Small portions of Anaheim local sewer receive service from adjacent agencies, including the Stanton County Water District and the Garden Grove Sanitation District. The City currently maintains over 500 miles of sewer lines. The City has identified areas with sewer deficiencies. An analysis of these deficiencies in relation to the development of housing is provided in Appendix B-2. The deficient areas have been identified in the City’s Capital Improvement Program (CIP) and will be upgraded as part of the Program to accommodate new or increased construction of residential units. Costs associated with these improvements are funded by a sewer user charge and development impact fees. The City's total sewer capacity, based on these planned improvements, can accommodate the City's RHNA needs for the 2014-2021 Planning Period. iii. Water and Sewer Prioritization Policy The City of Anaheim established a process to prioritize water and sewer improvements associated with affordable housing development. In 2007, the City Council adopted a policy to grant priority for the provision of available and future resources or services to proposed housing developments that help meet the City’s share of the regional housing needs for lower income households as identified in the Housing Element and any amendments to the Housing Element. If the City’s Urban Water Management Plan identifies the need for the Public Utilities Department to allocate water supplies in the future, priority for uncommitted water supplies will be granted to applications for water services for proposed developments that include housing units affordable for lower income households. In cases of insufficient sewer capacity for potential affordable housing development sites where funding is not immediately available to correct the deficiency, the City’s Public Works Department will work cooperatively with the applicant and other city staff to identify alternative solutions and methods to adequately serve the proposed project. Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-45 11. Successor Agency to the Anaheim Redevelopment Agency Prior to 2012, much of the affordable housing development in Anaheim was assisted by the Anaheim Redevelopment Agency through funding and other incentives. Effective February 1, 2012, the Anaheim Redevelopment Agency was dissolved, consistent with the dissolution of redevelopment agencies across the state per AB 26. This legislation provided for the establishment of a Successor Agency to administer the enforceable obligations of the former Anaheim Redevelopment Agency, all subject to the approval of an Oversight Board comprised of representatives of the local agencies that serve the redevelopment project area: the city, county, special districts, and K-14 educational agencies. On January 10, 2012, The City Council of the City of Anaheim elected to serve as the Successor to the Anaheim Redevelopment Agency. At the same time, the City Council elected not to serve as successor agency related to the functions and management of various housing assets, which had previously been managed by the Anaheim Redevelopment Agency. The Anaheim Housing Authority subsequently assumed housing functions and assets. The Anaheim Housing Authority as the Successor Agency for housing functions is charged with carrying out existing obligations and disposing of property once owned by the Anaheim Redevelopment Agency. Once obligations of the former Redevelopment Agency are met, the Successor Agency will be discontinued. The Successor Agency cannot enter into any new contracts or other obligations. 12. Community Development Block Grant and HOME Program Community Development Block Grant (CDBG) and HOME Program funds are the largest sources of Federal funding for housing development and housing related activities in Anaheim. Table 3-18 lists the total CDBG allocation of $4,080,760 and the funded activities for the 2012-2013 fiscal year. Housing Element Chapter 3: Resources and Constraints 3-46 PUBLIC REVIEW DRAFT DECEMBER 2013 Table 3-18 CDBG Activity Allocations for FY 2012-2013 Activity Description Allocation Administration & Planning CDBG Administration Overall program management/ monitoring/ evaluation $716,150 Fair Housing Provides fair housing services through the Fair Housing Council of Orange County $100,000 Housing Section 108 Loan Payment In FY 2009-2010 the City received $15,000,000 in Section 108 Loan Guarantee funds for priority neighborhood projects, including the Thornton Brady Storm Drain Improvements, Miraloma Park Site Acquisition and Development, Packinghouse Rehabilitation and the Anaheim Family Justice Center Acquisition. The FY 2012-2013 budget reflects the City’s second year Section 108 loan repayment estimates. $591,510 Historic Preservation Provides funding for the historic preservation, operation and program implementation of several historic venues owned and operated by the City, and related citywide historic preservation program activities. $470,000 Code Enforcement Code Enforcement Inspections Salaries and overhead costs related to code enforcement in CDBG eligible areas $1,471,000 Code Enforcement Prosecution Provides funds for portion of cost of one City Attorney to prosecute code enforcement cases originating in the CDBG Target Areas $120,000 Public Service $612,100 Source: City of Anaheim FY 2012-2013 Annual Action Plan Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-47 Table 3-19 lists the total HOME program allocation of $ 1,119,762 and the funded activities for the 2012-2013 fiscal year. Table 3-19 HOME Program Activities FY 2012-2013 Activity Description Allocation Administration Management, monitoring, reporting and planning activities $111,970 Community Housing Development Organization (CHDO) Funding for non-profit organizations (CHDO’s) to create, develop and manage affordable housing $168,000 Affordable Housing Development Program Provides funds to support affordable rental and for-sale housing projects to be identified during the program year. $839,792 Source: City of Anaheim FY 2012-2013 Action Plan 13. Developer Incentive Programs The City’s ability to offer traditional developer incentives to promote housing development has been greatly reduced by the elimination of Redevelopment in California. The City continues to offer incentives and concessions to promote affordable housing development on a project-by-project basis. Incentives and concessions offered to developers to offset increased costs associated with affordable housing program requirements can include the following: • Fund Development Fees: Developers may receive financial assistance to cover the cost of various development fees. • Land Write Downs: The City/Housing Authority may assist developers by writing down the land cost in exchange for the developer providing affordable units. • Pre-Development Loans/Grants: The City may provide pre-development loans and or grants to help developers offset the costs associated with potential housing development projects. • Provide Off-Site Improvements: The City may provide funds for the design and construction of various off-site improvements. • Density Bonus: Developers may receive various development incentives under the City’s Density Bonus program. The Density Bonus program is intended to promote the creation of affordable housing in return for various development incentives, including: reduced parking standards, exterior setbacks and zoning code variances. Housing Element Chapter 3: Resources and Constraints 3-48 PUBLIC REVIEW DRAFT DECEMBER 2013 • Bond Financing: The City may assist developers in obtaining bond financing for projects that provide affordable housing. 15. On-site and Off-site Improvements Site improvements required to develop specific sites vary depending on location and existing infrastructure. As a condition of approval for a tract or parcel map, the subdivider must dedicate all parcels within the subdivision that are needed for streets, alleys, including access rights and abutters’ rights, drainage, easements, public utility easements and other public easements. The subdivider must also agree to improve all streets, alleys, drainage easements, public utility easements and other public and private easements. Fees for other public facilities and services may be required if the area of the development cannot be adequately served by existing facilities and services. For these areas, the City determines the area of benefit and facilities plan through a public hearing process. New private developments must provide street trees in parkways between the sidewalk and the curb. Subdividers must provide park and recreational facilities or pay an in-lieu fee. Requiring site improvements ensures that the necessary infrastructure is available for the new development and is necessary to protect the health, safety and welfare of the residents. The City has established standard street cross sections and other design standards related to public facilities such as roadways and infrastructure facilities. Table 3-20 summaries the street design standards based on the City’s standard street cross sections. Table 3-20 Street Design Standards Street Type R.O.W. Curb to Curb Sidewalk/Parkway Interior 60’ 36’ 12’ Collector 64’ 42’ 10-12’ Secondary 90’ 67’ 10-13’ Hillside Interior 51’ 21’ 10’ Hillside Collector 54’ 34’ 10’ Hillside Collector (w/ parking) 65’ 45’ 10’ Hillside Secondary 75’ 55’ 10’ Public Road or Private Lane (Peralta Hills and Mohler Drive Areas) 40’ 28’ 6’ Private Street 46’-52’ 26-32’ 10’ Source: City of Anaheim Department of Public Works, Standard Details Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-49 16. Energy Conservation Energy conservation remains a major goal of the City of Anaheim, as outlined in the General Plan’s Green Element. The City continues to require compliance with Title 24 of the California Administrative Code on the use of energy efficient appliances and insulation. Title 24 includes the California Green Building Code (CalGreen), which requires energy efficiency and green building technologies to be incorporated into any new construction, or additions or alterations to existing buildings requiring a building permit. Through compliance with Title 24, new residential development has produced reduced energy demands. The City, through the Anaheim Public Utilities Department, provides information, technical assistance and incentives to residents and businesses related to energy conservation measures. Anaheim Public Utilities has developed a Green Building Program, which offers incentives to builders developing projects under the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED), California Green Build, or Build It Green’s Green Building Guidelines. Anaheim currently offers incentives of up to $6,000 for residential projects meeting the standards upon certification by USGBC (LEED), California Green Build, Build It Green or other rating programs. The City also offers a New Construction Incentives Program which contributes up to $15,000 for design assistance to find the most cost-effective, energy-efficient options for the development. Additional residential efficiency programs and incentives provided by Anaheim Utilities, or promoted through the Utilities website include: • Dusk to Dawn Lighting • EV Charger Rebates • Green Power • Home Incentives Rebates • Home Utility Check-Up • Online Home Utility Check-up • Refrigerator Recycling • Rotating Nozzles • Save Water - Save Money • Solar Energy Incentives • Southern California Gas • SmarTimer • TreePower • Turf Removal Housing Element Chapter 3: Resources and Constraints 3-50 PUBLIC REVIEW DRAFT DECEMBER 2013 C . NON-GOVERNMENTAL CONSTRAINTS 1. Vacant and Underutilized Land A thorough analysis of vacant and underutilized land within the City of Anaheim is provided in Appendix B. 2. Land Prices Land costs increases have a tremendous influence on the cost of housing and the availability of affordable housing. Land prices are determined by a number of factors, most important of which are land availability and permitted development density. As land becomes less available, the price of land increases. Generally, the price of land also increases as the number of units permitted on each lot increases. In Orange County, undeveloped land is limited, and combined with a rapidly growing population, land prices have increased. Given the current downturn in the real estate market, land price projections are difficult to track accurately. Development of for-sale housing has all but stopped, as the financial markets are reluctant to provide construction and permanent loans due to the sluggish market. At its peak, land for residential development was selling for approximately $2 million per acre in Central Anaheim. 3. Construction Costs Construction costs are primarily determined by the costs of materials and labor. They are also influenced by market demands and market-based changes in the cost of materials. Construction costs depend on the type of unit being built and the quality of the product being produced. Table 3-21 summarizes the estimated construction costs based on type of development in Anaheim. Table 3-21 Construction Cost Estimates Development Type Cost per Square Foot Single-Family Residential $100-125 Townhomes/Condominiums $150-180 Multi-family (1-3 stories) $145 Multi-family (4-7 stories) $164 Source: RBF Consulting, RS Means Online, February 2013 Housing Element Chapter 3: Resources and Constraints PUBLIC REVIEW DRAFT DECEMBER 2013 3-51 4. Financing Mortgage interest rates have a large influence over the affordability of housing. Higher interest rates increase a homebuyer’s monthly payment and decrease the range of housing that a household can afford. Lower interest rates result in a lower cost and lower monthly payments for the homebuyer. When interest rates rise, the market typically compensates by decreasing housing prices. Similarly, when interest rates decrease, housing prices begin to rise. There is often a lag in the market, causing housing prices to remain high when interest rates rise until the market catches up. Lower income households often find it most difficult to purchase a home during this time period. As shown in Table 3-22, the number of loan applications increases as income increases. The percentage of persons denied for a home loan in Orange County is highest for the very-low income (less than 50 percent of the MFI) category with 24.7 percent. Table 3-22 Mortgage Lending Rates-2011 Santa Ana-Anaheim-Irvine Metropolitan Division Income Group Total Applications Loans Originated Applications Denied Percentage Denied <50% MFI 324 153 80 24.7% 50-79% MFI 1,681 1,037 278 16.5% 80-99% MFI 1,428 960 185 13.0% 110-119% MFI 1,126 772 136 12.1% ≥120% MFI 3,240 2,269 375 11.6% Total 7,799 5,191 1,054 13.5% Source: Federal Financial Institutions Examination Council, Home Mortgage Disclosure Act Data, 2011 Housing Element Chapter 3: Resources and Constraints 3-52 PUBLIC REVIEW DRAFT DECEMBER 2013 Figure 3-1 Mortgage Rates February 2012-January 2013 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 Feb-12Mar-12Apr-12May-12Jun-12Jul-12Aug-12Sep-12Oct-12Nov-12Dec-12Jan-1330yr FRM 15yr FRM 1yr ARM Source: Freddie Mac Primary Mortgage Market Survey Figure 3-1 shows the average interest rates between February 2012 and January 2013. The interest rates have generally decreased in the past year. Interest rates are determined by national policies and economic conditions and there is little that a local government can do to affect these rates. However, in order to extend home buying opportunities to Lower-Income households, jurisdictions can offer interest rate write-downs. Additionally, government insured loan programs may be available to reduce mortgage down payment requirements Nation-wide there has been a large increase in the number of delinquencies and foreclosures on residential loans in the last five years. As a result, lenders have more stringent qualifications for home loans and Lower-Income households may find it more difficult to qualify. Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-1 CHAPTER 4 HOUSING POLICY PROGRAM This section of the Housing Element describes the Policy Program for the 2014-2021 Planning Period. The Policy Program identifies the specific policy actions necessary to address present and future housing needs, meet the specific requirements of State law, and consider the input by residents and stakeholders. The emphasis of the 2014-2021 Policy Program is on actions enabling the City to maintain and increase housing opportunities affordable to extremely-low, very-low, low and moderate income households. In developing this Policy Program, the City assessed its housing needs, evaluated the performance of existing programs, considered the availability of existing and projected funding resources and received input from the community through extensive outreach efforts. A number of the policy actions identified in the policy program are dependent upon on variety of external funding sources, including: Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG). These funds are used for specific policy actions and assist in the leveraging private and public funds, such as developer equity and low income housing tax credits. Prior to the adoption of the 2014-2021 Housing Element, the largest single source of funds came from the Housing Set-Aside fund, which had generated approximately $14 million annually from tax increment revenues and were utilized to increase, improve and preserve affordable housing. The demise of Redevelopment in California has significantly degraded the City of Anaheim’s ability to assist in the provision of affordable housing. The City must now seek alternative sources of funding/financing and more strategically prioritize the use of CDBG, HOME and ESG funds that are allocated annually by the federal Department of Housing and Urban Development (HUD). As an entitlement City, Anaheim is eligible to receive an automatic funding allocation as long as it has submitted, and received approval of, its five-year Consolidated Plan and Annual Action Plans. The most recent fiscal year allocations show a trend of reduced allocations. Housing Element Chapter 4: Housing Policy Program 4-2 PUBLIC REVIEW DRAFT DECEMBER 2013 A. KEY POLICY CONSIDERATIONS In order to develop a comprehensive strategy to preserve and expand hous ing opportunities for extremely-low, very-low, low, and moderate income households and address the development challenges unique to the City of Anaheim, it is important to understand the needs of local stakeholders, the current real estate market and the type and condition of existing housing stock. A complete overview of these factors is provided in Chapter 2 of this Element. Through the City’s efforts to engage its citizenry and stakeholders in the planning process, a number of housing challenges, opportunities and resources were identified. The Housing Element Ad Hoc Committee further identified and refined important areas to consider in policy development. A summary of the community outreach process and its results is provided in Appendix A. The input from the community and the Housing Element Ad Hoc Committee, in conjunction with the needs analysis provided in Chapter 2, resulted in identifying a series of Policy Considerations which provide the primary guidance for the 2014-2021 Planning Period. Policy Consideration 1.0: Financing and Funding for Housing Development The recent downturn in housing has resulted in a number of challenges to the development of affordable housing in Anaheim. The private sector’s ability to acquire funding and financing has been limited by more stringent qualification guidelines for pre- development and construction financing and the now limited ability to utilize local government funding and assistance to create viable development opportunities. Additionally, the demise of Redevelopment in California has resulted in a significant and undeniable negative impact on the City’s ability to assist in creating and maintaining affordable housing. The City of Anaheim must now evaluate alternative sources and methods of funding and financing to bridge the gap created by the loss of Redevelopment. Policy Consideration 2.0: Growth Needs The City of Anaheim’s Regional Housing Needs Assessment allocation for the 2012-2014 Housing Element is 5,702 units. In comparison to other cities in Orange County, Anaheim’s allocation represents a large share of the County’s overall need. Limited land resources, the loss of Redevelopment tax-increment, construction costs and other funding/financing considerations significantly influence the ability of the private market to provide a variety of housing choices to meet the needs for a variety of income levels. Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-3 Policy Consideration 3.0: Utilization of Existing Resources for Housing The available funding and staffing to address projected housing need is limited. Therefore, the City must anticipate and pursue comprehensive and strategic utilization of funding sources, prioritize programs and maximize coordinated participation between public, private and non-profit entities. Policy Consideration 4.0: Community Design and Sustainability Anaheim’s community members and stakeholder groups have identified the maintenance and enhancement of quality of life as an important factor to address when planning for the City’s future housing needs. The preservation and enhancement of that quality of life can be accomplished through community design and sustainability concepts that consider the function and livability of Anaheim’s existing and planned neighborhoods and can provide financial benefits, as well. Establishment of a holistic approach to community design and sustainability can have a positive effect on the quality of life in Anaheim. Policy Consideration 5.0: Affordable Housing Opportunities for Anaheim’s Residents Programs providing fair housing counseling, education and enforcement have been identified as means to provide affordable housing opportunities for Anaheim’s residents. Additionally, the loss of Redevelopment has significantly impacted the funding of these resources provided to the community. The City of Anaheim should strategically address the specific needs of Anaheim residents through utilization of existing resources in combination with County, State, Federal, private and non-profit resources. Specifically, consideration of homelessness, needs of residents with special needs, housing access, affordability issues, and rental and for-sale housing opportunities can be best addressed at the local level through target policies and programs sponsored and/or administered by the City. Policy Consideration 6.0: Community Education and Outreach Outreach to all segments of the community and education on housing and housing - related topics is important to the success of the City’s housing projects and programs. Through education and outreach, especially thorough non-traditional means, the City can ensure that information is available for interested community members and maximize participation in housing programs. Housing Element Chapter 4: Housing Policy Program 4-4 PUBLIC REVIEW DRAFT DECEMBER 2013 Policy Consideration 7.0: Housing Availability and Affordability The demand for housing in Anaheim remains high due to employment opportunities, its strategic location and local amenities. Housing costs in Anaheim and the surrounding region continue to remain higher than what is affordable for many households, especially the lower-income segments of the population. Additionally, the need for housing suitable for special needs groups is not always fulfilled by the housing options currently available. Providing policies and programs to increase available housing for all segments of the population will help ensure that current residents and those who work in Anaheim have the opportunity to remain in the City. Policy Consideration 8.0: Infill and Redevelopment There are very few areas of undeveloped land remaining in the City and it must rely on infill and redevelopment sites, some of which are environmentally-challenged, to accommodate growth. Policies should allow and encourage creative solutions such as land assemblage and environmental cleanup of “brownfield” sites to maximize the potential in redeveloping areas of Anaheim. B. GUIDING PRINCIPLES To address the Policy Considerations identified above, the City has established Guiding Principles that provide the primary policy direction to address its identified needs. Guiding Principle A: The provision of a high quality, well maintained housing stock is a primary contributor to quality of life in Anaheim. Guiding Principle B: The availability of a range of housing choices for a variety of incomes in Anaheim contributes to a balanced community and community investment. Guiding Principle C: Persons with special housing needs should have access to a variety of housing choices that are integrated within the community. Guiding Principle D: Sustainable design and the efficient utilization of resources create more livable neighborhoods and can have both environmental and financial benefits. Guiding Principle E: Community education and outreach is of fundamental importance to establishing a well-informed, educated community that can participate directly in the provision, conservation and preservation of housing in Anaheim. Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-5 C. HOUSING STRATEGY AREAS The Policy Action Plan for the 2014-2021 Housing Element is organized into five core policy strategy areas: 1. Housing Production – establishes policy actions for the production of a range of rental and for-sale housing units in the City. 2. Housing Conservation and Preservation – establishes policy actions for the conservation of the existing housing stock and preservation of housing opportunities for Anaheim’s residents. 3. Housing Quality and Design – establishes policy actions for providing high-quality, well-designed living environments for Anaheim residents. 4. Housing Rehabilitation – establishes policy actions for the rehabilitation and improvement of existing housing. 5. Affordable Housing Opportunity – establishes policy actions for the establishment of affordable housing opportunity for all segments of Anaheim’s populations. Policy Strategy #1: Housing Production Housing Production Strategy 1A: Evaluate Alternative Funding and Financing Mechanisms The loss of Redevelopment in California has had a devastating effect on the ability of local agencies to provide funding and financing resources for the development of affordable housing. The City of Anaheim has had a demonstrated successful track record of utilizing Redevelopment Agency set-aside funds to develop affordable housing. With the loss of this resource, the City must aggressively pursue alternative funding and financing tools that will contribute to the development of additional affordable housing opportunities citywide. On March 1, 2013, across the board budget cuts, referred to as sequestration, cancelled approximately $85 billion in budgetary resources to federal agencies. These cuts have resulted in reduced funding levels for the CDBG, HOME, ESG and Housing Choice Voucher programs, all critical resources needed to address local housing and community development needs. In the Housing Choice Voucher alone, known cuts will require that the program serve approximately 500 less families in FY 2013-2014. Anaheim will collaborate with private, non-profit, state and federal entities to investigate alternative methods for funding and financing the construction of new housing units and Housing Element Chapter 4: Housing Policy Program 4-6 PUBLIC REVIEW DRAFT DECEMBER 2013 rehabilitation and preservation of exiting units citywide. The City will establish continued communication with local, state and federal legislators to encourage the establishment of alternative funding and financing mechanisms. Objective: Exploration of alternative funding and financing mechanisms Responsible Party: Community Development/Planning Source of Funds: General Fund Timeline for Implementation: Ongoing monitoring of alternative funding and financing sources with review on at least an annual basis Housing Production Strategy 1B: Expedited Processing for Extremely-Low, Very Low, Low and Moderate Income Housing Developments The City shall continue to expedite discretionary entitlement and plan check processes for lower income housing developments. The expedited processing program was initially developed in 2009 as part of the City’s Affordable Housing Strategic Plan and currently provides approximately 20 days in time savings. Expedited processing is provided as an incentive to encourage development of affordable housing projects as shorter development timeframes results in lower housing production costs. The City will continue to evaluate the effectiveness of the expedited processing program and modify as needed to further encourage affordable housing development. As part of this evaluation, the City will analyze and monitor the effectiveness of inter-departmental coordination to ensure that expedited reviews are occurring in a consistent and coordinated manner. Objective: Expedited processing for affordable housing developments to reduce housing production costs. Responsible Party: Planning/Public Works/Public Utilities/Fire Source of Funds: General Fund Timeline for Implementation: Re-evaluate program by January 1, 2015 and implement any necessary process refinements by June 30, 2015. Housing Production Strategy 1C: Affordable Senior Housing Program The City recognizes the unique needs of its senior population. Seniors typically have fixed incomes and unique housing needs that are not generally addressed in market rate Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-7 housing. The City currently provides incentives for affordable senior housing through the Senior Citizens’ Apartment Project and Density Bonuses chapters of its Municipal Code. The City shall continue to encourage the development of quality senior housing that, when feasible, includes transportation and other appropriate supportive services specific to this population. In addition to the above incentives, the Housing Authority’s Section 8 Housing Choice Voucher program will continue to serve as a vehicle to help low income seniors afford units of their choice available in the private market. Objective: Senior housing development and Section 8 financial assistance Responsible Party: Planning/Community Development Source of Funds: General Fund/HUD Timeline for Implementation: Ongoing Housing Production Strategy 1D: Encourage the Development of Housing for Extremely-Low Income Households The City encourages the development of housing units for extremely-low income households earning less than 30 percent of the Median Family Income for Orange County. Housing Development projects receiving an allocation of Project Based Vouchers are required as part of the program to designate the assisted units to extremely- low income families. In addition, the City continues to provide an expedited review process for developers applying for Federal and State Tax Credits which requires a percentage of units be designated to extremely-low income households. Specific emphasis shall be placed on the provision of extremely low income households by encouraging the development of transitional living facilities, permanent special needs housing, and senior housing. The City currently has a number of incentives that can be utilized to create opportunities for affordable housing development such as the Density Bonus and Senior Citizens' Apartment Housing ordinances; down payment assistance programs; Section 8 programs; deferral of City development fees; exemption of Transportation and Impact Fees for Affordable Housing Developments; and expedited processing for tax credit projects. The City will continue to investigate additional incentives and seek funding opportunities to encourage development of housing for extremely-low income households. Objective: Production of a minimum of 50 extremely- low income units. Responsible Party: Community Development/Planning/Housing Authority Source of Funds: General Fund/HOME/ CDBG Timeline for Implementation: Ongoing monitoring of the development of extremely-low income units with review of Housing Element Chapter 4: Housing Policy Program 4-8 PUBLIC REVIEW DRAFT DECEMBER 2013 incentives and potential funding on at least an annual basis Housing Production Strategy 1E: Encourage the Development of Housing for Special Needs Households The City understands the need for housing to accommodate special needs households, including persons with developmental disabilities. Historically, the City has assisted in the development of housing projects for special needs households by providing technical assistance with tax credit applications, and public funds, including, ESG, CDBG, and HOME. The City shall continue to utilize available incentives to encourage and support the development of rental housing for special needs families within future affordable housing projects. Developers and builders of such projects will be required to incorporate specialized social services to assist the special needs households, in exchange for these incentives. The City will coordinate with local developers and non-profit entities specializing in housing for Special Needs residents to meet existing and future housing needs. The City will also collaborate with the Orange County Regional Center and other appropriate organizations to better understand the specialized housing requirements of residents with special needs. Additionally, the Section 8 Housing Choice Voucher program, specifically the set aside pool of 100 vouchers for the Non-Elderly Disabled (NEDs), will continue to serve as a vehicle for providing housing opportunities for special needs, low income individuals and families. Objective: Maintain existing and develop new units for special needs households Responsible Party: Housing Authority/Community Development/ Planning Source of Funds: ESG/CDBG/HOME Timeline for Implementation: Annually Housing Production Strategy 1F: Implementation of The Platinum Triangle Master Land Use Plan During this planning period, the City will continue to implement The Platinum Triangle Master Land Use Plan and coordinate with developers proposing projects in this area in an effort to further encourage the production of high density housing. The Platinum Triangle represents an opportunity to replace an older industrial area with a dynamic Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-9 mixed-use development district including higher density housing, residential-serving retail and amenities and employment-generating commercial/office uses. The Platinum Triangle Master Land Use Plan was developed in conjunction with the General Plan Update in 2004 and originally allowed for development of up to 9,825 residential units within the 393 acres of The Platinum Triangle that are designated for mixed-use residential development. The City Council subsequently amended the Platinum Triangle Master Land Use Plan in 2010 and increased the maximum number of permitted residential units to 18,988 at densities of up to 100 units per acre. Prior to the adoption of the master land use plan, no residential development was permitted within this area. Development intensities are allocated to individual properties on a first come basis through the approval of a development agreement. Since the creation of the Master Land Use Plan, 8,463 residential units have been entitled for development. Of these entitled units, 1,920 units have been built and permit applications for an additional 643 units have been submitted but not yet been issued. An additional 6,543 units have been approved through development agreements. The developers of these approved units have not applied for building permits. It is anticipated that another 3,206 residential units will be completed in the Platinum Triangle by 2021. The development agreements approved in conjunction with these projects do not set minimum rents or sale prices for these developments and, therefore, do not preclude the development of units affordable to moderate and low-income families. In addition, all of the City’s programs that encourage affordable housing can be utilized within The Platinum Triangle, including but not limited to, the Density Bonus and Senior Citizens' Apartment Housing ordinances; down payment assistance programs; Section 8 programs; deferral of City development fees; exemption of Transportation and Impact Fees for Affordable Housing Developments; and expedited processing for tax credit projects. Objective: Implementation of The Platinum Triangle Master Land Use Plan Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: Ongoing Housing Production Strategy 1G: Development of Housing Information Clearinghouse The City continues to refer persons interested in homeownership to Neighborhood Housing Services, a non-profit agency that assists families with housing opportunities. To disseminate affordable housing information to a wider audience, the City also established an information clearinghouse accessible to the general public that provides a “one stop” location for comprehensive information about Anaheim’s housing projects, Housing Element Chapter 4: Housing Policy Program 4-10 PUBLIC REVIEW DRAFT DECEMBER 2013 programs, policies, available funding, technical assistance, and other applicable items. In addition to consolidating information, the City will employ a “go to them” strategy by placing information in easily accessible locations including the City’s website, public facilities, at public events and at locations community members frequent. The City shall continue to maintain and update the clearinghouse as needed and make improvement that will increase the accessibility and usability of the program. Objective: Facilitate dissemination of housing information Responsible Party: Community Development Source of Funds: General Fund Timeline for Implementation: Ongoing Housing Production Strategy 1H: Support for Community Housing Development Organizations (CHDOs) Each year the City receives a funding allocation from the HOME Investment Partnership Program (HOME). Historically, the City’s HOME allocation has been approximately $2 million per year; the allocation for FY 2013-2014 was $1,101,964, a significant reduction. Per the HOME program regulations, a minimum of 15 percent of HOME funds must be allocated to qualified Community Housing Development Organization (CHDO). A CHDO is a non-profit, community-based organization with the capacity to develop affordable housing within the community it serves. Only projects in which the CHDO acts as a developer, sponsor or owner of housing are eligible to receive a part of the 15 percent of HOME fund allocation. In FY 2013-2014, the amount of HOME funds allocated for CHDOs is $165,295. The Community Development Department has partnered with many non-profits and CHDOs in the past to develop affordable projects, and will continue to do so on future projects. Objective: Continue to provide funds to qualified CHDOs for affordable unit production Responsible Party: Community Development Source of Funds: HOME Timeline for Implementation: Annually Housing Production Strategy 1I: Developer Incentives Program The City’s ability to offer traditional developer incentives to promote housing development has been greatly reduced by the elimination of Redevelopment in California. The incentives and concessions that can still be offered to developers to offset increased costs associated with the production of affordable housing include: Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-11 funding of development fees; write downs of land costs; long-term ground leases of public property; pre-development loans/grants; funding of off-site improvements; bond financing; density bonus incentives; fee deferrals; and, assistance with tax credit applications. Current housing production projections indicate that the Developer Incentives Program will help create approximately 710 new and rehabilitated affordable housing units through 2021. For Non Housing Authority sites, the City will support and seek to utilize any emerging State and Federal and private funding sources. Objective: Financial incentives for developers (based on available funds) to help facilitate the construction of 710 new and rehabilitated affordable housing units by 2021 Responsible Party: Community Development/Agency/ Housing Authority Source of Funds: HUD/Other Sources to be Determined Timeline for Implementation: Annually Housing Production Strategy 1J: HOME Homebuyer Program The HOME Homebuyer Program provides deferred payment second mortgage loans to assist low income households in purchasing a home. This loan program offers a 3% simple interest rate and monthly loan payments are deferred for up to 30 years. Homebuyers are required to provide a minimum 3% down payment. To promote the availability of the HOME Program Down Payment Assistance Program, the City will include information, including application requirements, as part of the Housing Information Clearinghouse (see Housing Production Strategy 1J). Objective: Mortgage assistance, subject to federal funding availability and local allocation of funds Responsible Party: Community Development Source of Funds: HOME Timeline for Implementation: 2014-2021 Housing Production Strategy 1K: Police Residence Assistance This program is designed to encourage local homeownership for Anaheim police officers who wish to reside in Anaheim. Through this program, the City provides one -time, no Housing Element Chapter 4: Housing Policy Program 4-12 PUBLIC REVIEW DRAFT DECEMBER 2013 interest forgivable loans of up to $10,000 to Anaheim police officers for purchase of an owner-occupied home within the City. Objective: 2 households Responsible Party: Community Development Source of Funds: General Fund Timeline for Implementation: 2014-2021 Housing Production Strategy 1L: Development of Emergency Shelters/Transitional and Supportive Housing in Compliance with SB-2 The City is in full compliance with the provisions of SB-2, establishing provisions that permit the development of emergency shelters and transitional/supportive housing “by- right” in certain locations. The City understands the importance of addressing the needs of the temporary and chronically homeless. To further address this issue, it will work collaboratively with service providers, advocacy groups and other entities to define any challenges in providing for the temporary and long-term needs of Anaheim’s homeless. The City will evaluate the effectiveness of current programs and entitlement procedures and determine the feasibility of modifying standards, entitlement provisions and other methods of in- kind and financial assistance to address any identified challenges. As part of this effort, the City also will explore the feasibility of implementing a fee waiver or reduction program for non-profit organizations to encourage the development of homeless shelters. Objective: Development of emergency shelters, transitional and supportive housing Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: Re-evaluate program by January 1, 2015 and implement any necessary refinements by June 30, 2015. Housing Production Strategy 1M: Re-examination of Development Standards, Entitlement Processes and Development Fees The City understands that overly-restrictive development standards, burdensome entitlement processes and unreasonable development fees can pose a significant barrier to future residential development. In order to ensure that such conditions do not pose a local barrier to future housing production, the City will re-examine its residential Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-13 development standards, entitlement processes and fees to ensure their reasonableness and effectiveness in support of future residential development while encouraging innovation, maintaining compatibility with surrounding neighborhoods, and promoting quality housing. Objective: Ensure reasonable development fees, standards and processes Responsible Party: Planning/Public Works Source of Funds: General Fund Timeline for Implementation: Complete analysis by December 31, 2014 and monitor provisions on an ongoing basis Housing Production Strategy 1N: Promoting Availability of Housing Opportunity Sites Appendix B-3, Housing Opportunity Sites, identifies properties that are designated for residential land uses by the General Plan and have strong potential to accommodate future affordable or market rate housing. As a follow-up item to the City’s 2006-2014 Housing Element, in 2013, these sites were re-zoned to include a Residential Opportunities Overlay Zone that allows by-right residential development on these properties at densities consistent with their underlying General Plan designations. The City will continue to refer potential housing developers to these sites as a means to help ensure that the City meets its Quantified Objectives. By mid-point of the 2014-2021 planning period, the City will also re-evaluate its Housing Opportunity sites to determine if the Overlay Zone can be applied to additional properties as a means to further incentivize housing development. Objective: Promotion of Housing Opportunity Sites Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: Ongoing; Re-evaluation of sites by January 2018 Housing Production Strategy 1O: Accommodating Transitional and Supportive Housing To accommodate transitional and supportive housing, the City will a revise definitions for “target population”, “transitional housing” and “supportive housing” in its Municipal Code consistent with Government Code Section 65582. In addition, the City will amend the Municipal Code in accordance with Government Code Section 65583(a)(5) to consider transitional housing and supportive housing as a residential use of property, Housing Element Chapter 4: Housing Policy Program 4-14 PUBLIC REVIEW DRAFT DECEMBER 2013 subject only to those development standards that apply to other residential dwellings of the same type in the same zone. Additionally, the City of Anaheim will review existing separation requirements and spacing criteria for emergency shelters and revise as appropriate. Objective: Accommodation of transitional and supportive housing in compliance with State law Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: Within one year of Housing Element adoption Policy Strategy #2: Housing Conservation and Preservation Strategy Housing Conservation and Preservation Strategy 2A: Monitoring and Preservation of “At-Risk” Units To ensure the continued provision of affordable units, the City will regularly monitor the over 2,200 deed-restricted, affordable housing units that exist citywide. Of these units, 445 have been identified as having the potential of converting to market-rate units during the planning period as a result of expiring deed restrictions. The City will provide targeted outreach to owners of these units to encourage the extension and/or renewal of deed restrictions and/or covenants that ensure affordability. In order to proactively address units at-risk of conversion, the City shall develop a program to partner with non- profit housing providers and develop a preservation strategy. The preservation strategy will allow the City to act quickly if and when notice of conversion is received. As part of the strategy, the City shall ensure compliance with noticing requirements; conduct tenant education and pursue funding to preserve the units. Objective: Continual monitoring of all assisted units with focused effort on the identified 516 at- risk units. Responsible Party: Community Development Source of Funds: General Fund Timeline for Implementation: Ongoing Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-15 Housing Conservation and Preservation Strategy 2B: Conservation of Existing Historic Resources The City is currently home to 271 historic homes that maintain valid Mills Act contracts. These contracts provide a powerful incentive aimed at maintaining and preserving these cultural resources that add tremendous value to many of the City’s neighborhoods, including its established Historic Districts. The City shall continue to provide opportunities for the conservation of existing historic resources through the Mills Act Program. The City shall also provide outreach to residents within the City’s Historic Districts and owners of historic properties outside of these districts via print media, the City’s website and social media to inform them of the program benefits. Objective: 80 additional Mills Act contracts Responsible Party: Community Planning/ Community Services Source of Funds: General Fund Timeline for Implementation: 2014-2021 Housing Conservation and Preservation Strategy 2C: Community-Based Neighborhood Enhancement Continue to encourage the involvement of neighborhood-based groups in the conservation, preservation and enhancement of neighborhood quality of life. Efforts will focus on community participation related to planning activities, strategies and programs that directly address quality of life in Anaheim’s neighborhoods. The City will continue focused outreach efforts, through a variety of marketing techniques (e.g., website, informational flyers, facilitating pre-development community meetings, providing regular development updates to established neighborhood organizations, etc.) to encourage additional public participation in ongoing neighborhood improvement efforts. Objective: Enhanced community participation in neighborhood enhancement efforts Responsible Party: Planning/Community Development/ Police/Community Services Source of Funds: General Fund/CBDG Timeline for Implementation: 2014-2021 Housing Conservation and Preservation Strategy 2D: Neighborhood Improvement The City shall continue the identification and mitigation of substandard units and properties exhibiting deferred maintenance through the Neighborhood Improvement Program and enhanced Code Enforcement efforts. The City shall continue to focus Housing Element Chapter 4: Housing Policy Program 4-16 PUBLIC REVIEW DRAFT DECEMBER 2013 efforts on neighborhoods exhibiting significant blight and on those “borderline” neighborhoods that have the potential to become blighted absent focused attention. The City shall also continue to facilitate private efforts to acquire substandard rental properties, rehabilitate the buildings and establish long-term affordability covenants. During the planning period, the City will re-assess its list of Priority III and IV neighborhoods to ensure that these neighborhoods remain properly classified. In addition, the City will seek to identify other neighborhoods that are exhibiting blight, or that have the potential to become blighted, for potential inclusion on the priority lists associated with the Neighborhood Improvement Program. Objective: Expedited processing for affordable housing developments to reduce housing production costs. Responsible Party: Planning/ Community Services/Community Development Source of Funds: General Fund/ HUD Timeline for Implementation: Ongoing; Review of Neighborhood Improvement Program target areas by January 2015 Housing Conservation and Preservation Strategy 2E: Relocation and Preservation of Historic Homes Continue to utilize Anaheim’s “Citywide Historic Preservation Plan” guidelines to encourage the preservation and rehabilitation of existing historic homes. This program was historically funded by the City’s Redevelopment Agency. Given the elimination of this funding source, the City will pursue alternative incentives or potential sources of funding/financing to encourage the relocation and preservation of historic homes citywide. Objective: Relocation and preservation of historic homes Responsible Party: Planning Source of Funds: Continue to seek alternative funding sources. Timeline for Implementation: Ongoing Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-17 Policy Strategy #3: Housing Quality and Design Strategy Housing Quality and Design Strategy 3A: Sustainable Development/Green Building/Efficient use of Energy Resources in Residential Development The City understands the importance of sustainable use of limited resources and embraces the concept of “green building” in new and existing housing developments. The City’s Green Building Program provides technical assistance and financial incentives subject to funding availability, for qualified housing projects incorporating sustainability measures. To encourage “green building” practices in new and existing residential development, the City shall continue its efforts in providing financial assistance to projects meeting sustainability standards and third-party green building program guidelines. The City shall continually analyze current trends and best practices and provide an array of incentives that will facilitate and encourage the incorporation of materials and technology that promote the development of high-efficiency, sustainable buildings and neighborhoods. Encourage residential developers to maximize energy conservation through proactive site, building and systems design that exceed the provisions of Title 24 of the California Building Code. To further promote efficient use of energy resources, the City shall investigate the feasibility and effectiveness of offering incentives or other strategies to further encourage energy conservation in new and existing housing. Objective: Increased sustainable building practices/ energy conservation Responsible Party: Public Utilities/Planning Source of Funds: Public Utilities’ Public Benefits Fund/General Fund Timeline for Implementation: Annually, as funds are available Housing Quality and Design Strategy 3B: Monitoring of Adopted Reasonable Accommodation Procedures The City understands the importance of providing equal housing opportunity for persons with special needs. Persons with disabilities may require reasonable accommodations to meet their particular housing needs. To comply with federal and state housing laws, the City adopted reasonable accommodation procedures to provide exceptions and/or relief from Code regulations and permitting procedures that may have a discriminatory effect on housing for individuals with disabilities. The policy shall include procedures for requesting accommodation, timeline for processing and appeals, criteria for determining Housing Element Chapter 4: Housing Policy Program 4-18 PUBLIC REVIEW DRAFT DECEMBER 2013 whether a requested accommodation is reasonable, and ministerial approval for minor requests. The City shall continue to monitor to ensure the effectiveness of reasonable accommodation standards and procedures. Objective: Monitoring of adopted reasonable accommodation procedures Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: Ongoing Housing Quality and Design Strategy 3C: Universal Design The City recognizes that all people have varying physical abilities and that many people will encounter temporary or permanent changes in ability to conduct the tasks necessary for daily living throughout their lives. Universal Design Principles were adopted in 2012 and are available on the City’s Website to guide the design and construction of homes to incorporate features that are usable by people of all abilities. These features help to create housing that can allow residents to stay in their homes over their lifetime and create living environments that are safer and more accessible for everyone. The Universal Design program intends to provide development incentives which will facilitate the building of residential spaces that include products and technology to accommodate families of all ages and backgrounds. The City shall continue to monitor over time to ensure implementation of Universal Design features in housing. Objective: Monitoring of universal design principles Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: Ongoing Housing Quality and Design Strategy 3D: Parks and Open Space The Green Element of Anaheim’s General Plan is a comprehensive plan to ensure that the community’s recreational needs are being met. Parks and open space are important factors that contribute to Anaheim residents’ quality of life. As the City’s housing stock and population grows and vacant land becomes scarcer, the City will need to continue to explore creative opportunities to provide quality parks, open space and recreational amenities for Anaheim residents. The City will ensure consistency between the goals of the Green Element and Housing Element to ensure a balance between the provision of Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-19 additional housing and additional recreational amenities that support the City’s growing population. Objective: Ensure consistency with the goals of the Green Element Responsible Party: Planning/Community Services Source of Funds: General Fund Timeline for Implementation: Ongoing Housing Quality and Design Strategy 3E: Community Design The Community Design Element of Anaheim’s General Plan provides policy guidance to ensure quality design of the City’s built environment. This element addresses community-wide design features such as gateways, landscaping, streets and public signage, as well as special policies for specific districts within the City. Many of these policies are also reflected in the City’s Zoning Code (Title 18 of the Municipal Code), as well the City’s other design guidelines/plans such as the Affordable Housing Design Guidelines; The Anaheim Colony, Vision Principles and Design Guidelines; The Platinum Triangle Master Land Use Plan; and, the Greater Downtown of Anaheim Guide for Development. In order to ensure quality design of the City’s neighborhoods, the City will ensure that the Community Design Element continues to be referenced and used during the review of proposed housing developments. The Element will also continue to be updated to address current development trends, as necessary. Objective: Ensure quality design of future residential projects Responsible Party: Planning/Public Works/Fire Source of Funds: General Fund Timeline for Implementation: Ongoing Housing Quality and Design Strategy 3F: Provision of Infrastructure to Serve Housing The City understands the need to provide adequate infrastructure to support existing and future housing needs. To proactively address future demand on infrastructure facilities, the City will work collaboratively to ensure future housing demand is coordinated with future capital planning for the City’s potable water, electrical, storm drain and sewer infrastructure systems. Housing Element Chapter 4: Housing Policy Program 4-20 PUBLIC REVIEW DRAFT DECEMBER 2013 The City shall continue to identify existing deficiencies to the water, electrical, storm drain and sewer systems in those areas where future residential development is expected to occur, and balance those needs with public safety, economics, efficiencies, regulatory requirements and other Capital Improvement Plan objectives. Objective: Provision of infrastructure to support future housing growth Responsible Party: Public Works/Public Utilities/Planning/ Community Development Source of Funds: General Fund/Impact Fees/Grants/Utility Rates/User Fees Timeline for Implementation: Ongoing Policy Strategy #4: Housing Rehabilitation Housing Rehabilitation Strategy 4A: Affordable Housing Acquisition and Rehabilitation The City’s ability to maintain prior levels of acquisition and rehabilitation to create affordable housing units has been diminished by the elimination of Redevelopment. As a result, the City will primarily focus the use of its scarce resources in neighborhoods previously identified as Level III and Level IV priority neighborhoods through the Neighborhood Improvement Program. To support such efforts, the City shall continue to provide, through regulatory incentives such as expedited processing, financial incentives and development concessions, for the acquisition and rehabilitation of affordable housing. Efforts shall be focused on the acquisition, rehabilitation, conversion and accessibility of existing market -rate units to affordable units. As part of this strategy, the City shall also consider the feasibility of acquisition, rehabilitation and conversion of motels into permanent residential uses with all of the amenities and supportive services necessary to ensure a quality living environment for future residents. The City Council has also continued to support the continued acquisition and rehabilitation of apartment buildings in the Hermosa Village neighborhood in order to create and expand long-term affordability. The City will continue to implement an aggressive acquisitions program within this neighborhood. Objective: A minimum of 209 very-low income units and 11 low income units Responsible Party: Community Development Source of Funds: HOME, CDBG Timeline for Implementation: 2014-2021 Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-21 Housing Rehabilitation Strategy 4B: Rehabilitation of Single Family Homes The elimination of Redevelopment has significantly restricted the City’s ability to fund single family rehabilitation activities. The City shall seek local, State and Federal funding resources to provide rehabilitation loans for appropriate exterior and interior improvements that enhance the quality, safety, accessibility and livability of existing single-family homes. Objective: Rehabilitation of Single Family Homes Responsible Party: Community Development Source of Funds: CDBG/HOME/CalHome/Other Sources to be Determined Timeline for Implementation: 2014-2021 Housing Rehabilitation Strategy 4C: Relocation Assistance As and when required by law, the City shall provide financial relocation assistance, such as payment of moving costs, for qualified tenants during City-assisted substantial rehabilitation of residential units. Relocation can be temporary or permanent. Objective: Relocation assistance, as needed Responsible Party: Community Development Source of Funds: HOME/CDBG/Other Sources to be Determined Timeline for Implementation: 2014-2021 (as needed) Policy Strategy #5: Affordable Housing Strategy Affordable Housing Opportunity Strategy 5A: Local Support of Regional Fair Housing Efforts The Fair Housing Council of Orange County (FHCOC) and similar agencies provide community education, individual counseling, mediation, and low-cost advocacy with the expressed goal of eliminating housing discrimination and guaranteeing the rights of all people irrespective of race religion, sex, marital status, ancestry, national origin, color, age, family size or disability to freely choose the housing for which they qualify in the area they desire. The City refers all inquiries for these services to the FHCOC and similar agencies and maintains literature and informational brochures at City Hall available for public distribution. Housing Element Chapter 4: Housing Policy Program 4-22 PUBLIC REVIEW DRAFT DECEMBER 2013 To further outreach to the community, the City shall provide fair housing information as part of the City’s Housing Information Clearinghouse (see Housing Production Strategy 1J). Information will be provided in multiple languages and through print and electronic media that may include the City’s website, brochures and newsletters. Objective: Allocate annual financial allocation, based on program funding availability. Estimated annual allocation of $100,000. Responsible Party: Community Development Source of Funds: CDBG Timeline for Implementation: Annually Affordable Housing Opportunity Strategy 5B: Section 8 Rental Assistance Program The Anaheim Housing Authority provides rental assistance through the Section 8 Housing Choice Voucher Program. Under this program, families/individuals whose annual income is below 50 percent of the HUD Area Median Income are referred to this program. Participants pay approximately 30 percent of their adjusted gross monthly income for rent. The Authority pays the remainder of the rent directly to the property owner. Funding for the Section 8 Rental Assistance Program is based on Congressional appropriations and is subject to available funds. Objective: Estimated 5,000 Vouchers annually, subject to federal funding availability Responsible Party: Housing Authority Source of Funds: HUD Timeline for Implementation: Annually Affordable Housing Opportunity Strategy 5C: Section 8 Mainstream Housing Program Vouchers for Persons with Disabilities This program provides Section 8 rental assistance to very-low income persons with disabilities to enable them to rent private housing of their own in a non-segregated environment. The Housing Authority screens its current Section 8 waiting list for disabled persons who meet the eligibility requirements for this program. Once all of the disabled applicants on the Section 8 waiting list have been identified and assisted, the Housing Authority seeks disabled referrals from various local service providers. Housing Authority staff works closely with these local service providers to ensure that Section 8 tenants are receiving the supportive services they require in order to live independently. Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-23 Objective: Estimated 225 Vouchers annually, subject to federal funding availability Responsible Party: Housing Authority Source of Funds: HUD Timeline for Implementation: Annually Affordable Housing Opportunity Strategy 5D: Section 8 Family Self Sufficiency (FSS) This program assists very-low income families in transitioning from living with the help of public assistance to economic self-sufficiency. Participants are required to complete a job training/education program and maintain suitable employment. The program creates an “escrow account” for each participant and holds money earned by participants above and beyond the income they received when they began participating in the FSS program. An FSS tenant has an increase in earned income, which results in an increase in their portion of the rent, the tenant pays the increased rent amount and holds it in an escrow account. In order to receive the money held in the escrow account, a family must maintain employment and be off of all public assistance (except for rental assistance) for at least 12 months, and complete the goals outlined in their FSS contract with the Housing Authority. Objective: Estimated 100 participants, subject to federal funding availability Responsible Party: Housing Authority Source of Funds: HUD Timeline for Implementation: Annually Affordable Housing Opportunity Strategy 5E: Section 8 Homeless Program Provide for Section 8 rental assistance for extremely-low and very-low income homeless households. The Anaheim Housing Authority shall set aside vouchers specifically for homeless households. Objective: Estimated 91 vouchers, subject to federal funding availability Responsible Party: Housing Authority Source of Funds: HUD Timeline for Implementation: Annually Housing Element Chapter 4: Housing Policy Program 4-24 PUBLIC REVIEW DRAFT DECEMBER 2013 Affordable Housing Opportunity Strategy 5F: Project Based Voucher Program Federal regulations allow the Housing Authority to take a portion of its Housing Choice Voucher allocation and convert it to Project Based assistance for the purposes of expanding housing opportunities for very-low income individual and families. Under the PBV option, the Housing Authority can commitment rental assistance vouchers for a period of up to 15 years to a property in exchange for the owner’s agreement to rent predetermined units in the selected property to families coming from the Section 8 Waiting list exclusively during the commitment period. New construction units, rehabilitated units and existing housing units qualify under this program. Objective: Estimated 700 vouchers, subject to federal funding availability. Responsible Party: Community Development Source of Funds: HUD Timeline for Implementation: 2014-2021 Affordable Housing Opportunity Strategy 5G: Emergency Solutions Grant Program The City shall utilize federal Emergency Solutions Grant (ESG) funds to assist people that are homeless or those who are at-risk of becoming homeless. The City shall distribute ESG funds to non-profit organizations that provide emergency or transitional shelter and supportive services to people that are homeless. ESG funds are contingent upon program funding availability. Objective: Estimated $220,000/year in ESG Grants, subject to federal funding availability Responsible Party: Community Development Source of Funds: HUD Timeline for Implementation: Annually Affordable Housing Opportunity Strategy 5H: Homeless and Motel Families The City of Anaheim understands the unique needs of the chronic and temporary homeless. To address the unique needs of the homeless and those families living in Motels, the City will collaborate with local advocacy groups, motel owners, police and human service agencies and other interested parties to develop strategies and actions to transition the chronically homeless, temporary homeless and families living in Motels into permanent housing. Housing Element Chapter 4: Housing Policy Program PUBLIC REVIEW DRAFT DECEMBER 2013 4-25 The City shall continue to explore opportunities for the creation of permanent housing for homeless persons and families living in motels by providing outreach to promote available resources and programs administered by the County of Orange Community Services Department such as the Continuum of Care Program for the Homeless and other available Section 8 voucher programs. Objective: The City shall continue to identify permanent housing opportunities for homeless and motel families. Responsible Party: Community Services/Community Development/Planning Source of Funds: General Fund Timeline for Implementation: Ongoing Housing Element Chapter 4: Housing Policy Program 4-26 PUBLIC REVIEW DRAFT DECEMBER 2013 D. QUANTIFIED OBJECTIVES Table 4-1 summarizes the quantifiable objectives reasonably expected to be met based on the Policy Program. The New Construction quantified objectives address the growth needs in the City. The Rehabilitation, Conservation and Assistance Programs objectives address the existing needs in the City identified in Chapter 2. Table 4-1 Quantified Objectives Summary 2014-2021 Planning Period Program Quantified Objective New Construction Extremely Low 17 Very Low 66 Low 367 Moderate 36 Above-moderate 3,872 Total 4,358 Rehabilitation Multifamily Rehabilitation Very Low 209 Multifamily Rehabilitation Low 11 Total 220 Conservation At Risk Units Extremely Low 0 At Risk Units Very Low 63 At Risk Units Low 230 At Risk Units Moderate 223 Historic Homes- Mills Act Contracts 80 Assistance Programs Police Residence Assistance 2 Section 8 Rental Assistance 5,000 annually Section 8 Mainstream 225 annually Section 8 FSS 100 annually Section 8 Homeless Program 91 Project Based Voucher Program 700 Housing Element Appendix A: Community Outreach Summary PUBLIC REVIEW DRAFT SEPTEMBER 2013 A-1 APPENDIX A: COMMUNITY OUTREACH SUMMARY A. INTRODUCTION During 2013, the City of Anaheim’s Housing Element Update team conducted a number of community outreach activities. The following six community workshops were advertised and open to the general public: • Workshop Series #1 March 20, 2013 at the Brookhurst Community Center March 21, 2013 at the Anaheim West Tower March 23, 2013 at the East Anaheim Community Center • Workshop Series #2 April 29, 2013 at the Downtown Community Center May 1, 2013 at the East Anaheim Community Center May 2, 2013 at the Brookhurst Community Center During these workshops, participants were provided with an overview of the Housing Element Update process and content. Participants, which included residents and other stakeholders, identified and discussed challenges, opportunities and resources related to housing in Anaheim. In addition to the community workshops, City staff set up outreach booths at three community events to solicit input. At the booths, staff provided information about the Housing Element, answered questions, and solicited input on the housing challenges and opportunities in Anaheim. The City also provided information on scheduled community workshops and the Housing Element Ad Hoc Committee meetings, a video of one of the community workshops and an online survey that asked similar questions regarding challenges and opportunities in Anaheim. The City worked with an Ad Hoc Committee comprised of 10 residents and stakeholders that were appointed by the City Council. The Ad Hoc Committee met eight times during the Housing Element update process. The Committee reviewed community input, commented on draft documents, and provided recommendations to the City Council regarding potential housing policy directions. The minutes from the Ad Hoc Committee meetings are provided in Appendix A-1. Housing Element Appendix A: Community Outreach Summary A-2 PUBLIC REVIEW DRAFT SEPTEMBER 2013 B. FARMER’S MARKET – FEBRUARY 28, 2013 On February 28, 2013, the City of Anaheim hosted an informational Community Workshop focusing on housing challenges and opportunities at the Downtown Farmers Market. Staff discussed the Housing Element and update process. Participants were then asked to write the opportunities and challenges they see related to housing in Anaheim on Post It Notes that were placed on display boards. The following were the comments provided. The comments are provided verbatim. What are the housing challenges In Anaheim? • Excessive pesticide spraying. • Homelessness. • High cost of utilities. • Building on top of garages/carports a health hazard due to fumes • No high rise businesses. • Housing causes congestion. • Low cost housing. • Low cost utilities. • Low water pressure. • Long wait list for Section 8 housing. What are the opportunities to improve housing in the City? • More affordable Housing. • Lower property taxes. • Provide warehouse facilities for homeless. • Want banks to be more flexible with mortgages. • More housing. • Faster services. • Make sign-up for section 8 wait list available at more sites. • Lower Monthly HOA fees. • Provide more information about housing. Housing Element Appendix A: Community Outreach Summary PUBLIC REVIEW DRAFT SEPTEMBER 2013 A-3 C. WORKSHOP SERIES #1 In March 2012, the City of Anaheim hosted a series of three Community Workshops focusing on housing challenges and opportunities. The workshop began with a short introduction of the Housing Element and update process. Participants were then asked to identify and discuss the opportunities and challenges they see related to housing in Anaheim. The following are the challenges and opportunities discussed by the groups. March 20, 2012 Workshop CHALLENGES Crime/Gangs • How do we avoid riots if we attract more gangs with low income housing? • Crime. • Graffiti - R.R. • Ex. State College @ Ball Road. • May influence decision to stay in Anaheim – Also potentially developers. • Programs to eliminate/catch tagging. Locations • Finding ways to include mixed income housing so that poverty is not concentrated. • Low income housing is clustered in west Anaheim . • Location. • Community in flux such as west Anaheim. Zoning • Zoning issues: Too much density in certain areas. • Zoning issues: Density of multi-unit projects is imbalanced in certain areas of City. • Zoning issues: Multi-family units (apartments) mixed in or adjacent to single- family homes. Funding • Concentration of areas that score perfect for 9% TCAC. • Cost funding. Housing Element Appendix A: Community Outreach Summary A-4 PUBLIC REVIEW DRAFT SEPTEMBER 2013 Affordability • Need for units people who need them can afford. • Expensive product type being built in the City. • Alternate housing for homeless, low income bracket. Traffic Gridlock • Parking. OPPORTUNITIES Improving Economy • Economy is beginning to improve especially in financing new construction. City Policies/Regulations • Ability to change City codes that drive expensive housing. • Coordinate land uses to provide adequate housing stock. • Waive impact fees and processing fees so 9% TCAC projects can use that “leveraging” to increase tie-breaker score. • Re-assess zoning & planning of City in light of housing needs. Redeveloping Places • Creating places where people can walk and meet i.e. integration of commercial corridors & residential. • Run down strip malls available for building new homes. Housing for the Homeless/Moms with Children. • “Flashlight walks” for crime reduction. • Elderly. • To provide housing for those who need it. Graffiti Reporting & Removal Program OTHER NOTES • Hotel/motel o Health Dept.- Why nothing yet? • Need for geography/based on local housing need. • Needs for others/ needs beyond families with children. Housing Element Appendix A: Community Outreach Summary PUBLIC REVIEW DRAFT SEPTEMBER 2013 A-5 March 21, 2012 Workshop CHALLENGES • Affordable housing for employees in service sector. • Housing for elderly. • Crime/graffiti – west Anaheim, smaller police force. • Funding. • Large households 10-12 ppl – Cost of housing vs. income. • $$ & time for commute. • Need to have multiple jobs. • $$ to hire local employees for development. OPPORTUNITIES • More jobs in Anaheim & attract businesses – need awareness of great things in Anaheim. • Multimodal transportation – not just cars. • Small business organization – Education, learn from each other (small chamber). • Housing to Elderly – cost proportion to Social security – need comfort living on own, centers for social atmosphere, transportation. • Move low cost housing. • Allow market to develop small units. • Remove red tape. • “Safe walls” for graffiti & urban art program. • Improve appearance + public safety = raise housing appraisal. March 23, 2012 Workshop CHALLENGES • How to get people involved in the process? Advanced noticed needed. • No Redevelopment Agency. • Housing Authority not in housing development business. • Crime/graffiti. • Aging housing stock (& possibly poor construction). • Cost to live in Orange for young people. Housing Element Appendix A: Community Outreach Summary A-6 PUBLIC REVIEW DRAFT SEPTEMBER 2013 OPPORTUNITIES • Better name for workshop. • Rotary, Kiwanis, etc. • CDBG Funds. • Citywide - Looking beyond CDBG areas. • Future housing needs. • Private financing for rehab. • Work with lenders to develop incentives for home improvements. • Rehab rebate program. Housing Element Appendix A: Community Outreach Summary PUBLIC REVIEW DRAFT SEPTEMBER 2013 A-7 D. Workshop Series #2 In April and May 2013, the City of Anaheim hosted a second seri es of three Community Workshops focusing on housing challenges, opportunities and policy ideas. The workshop began with a short introduction of the Housing Element and update process. Participants were then asked to identify and discuss the opportunities and challenges they see related to housing in Anaheim, along with ideas for future policy direction. The following are the challenges, opportunities and policy ideas written on Post-It Notes and discussed by the groups. The comments are provided verbatim. April 29, 2013 Workshop CHALLENGES Anaheim’s Shape • Other cities don’t want to build more affordable housing. Affordability • Housing affordability. • Affordability. • Affordable. Access to Afford Units • Long waiting list. Crime, Gangs & Graffiti • Graffiti problems ongoing. • Crime/gangs/graffiti. Parking • To many people with limited space. Example: Anna Drive, Mountain View, Guinida. • Over parked streets resulting from overcrowded housing. • Lack of parking in neighborhood. Housing Element Appendix A: Community Outreach Summary A-8 PUBLIC REVIEW DRAFT SEPTEMBER 2013 Property Management • Slum lords. • Lack of compliance with minimum building codes in multi-family housing. • Slum lords are allowing their properties to deteriorate to deplorable conditions. • Utilities as related to housing: sewage system, electricity and water supply. Locations & Concentration • Housing for elderly. • Rehabilitation of houses for seniors or low income households. • Concentration of affordable housing in certain zip codes. • Location problems “not in my backyard”. • Not equal amounts of low income housing throughout the City. Most in central & west areas. • Location. • Location and concentration of housing. OPPORTUNITIES Sources • Finding new funding sources. • SMAP & home loans paid off should return to more affordable purchase loans. • Encourage lenders to promote housing rehab programs. • Support paint your heart out for painting projects. Reuse Opportunities • Convert office buildings – like downtown LA did – to affordable housing. • Placemaking that includes affordable homes. • Create affordable housing in transit areas close to job centers. • Using City owned sites to be used for affordable housing. • Creating affordable homes for low income households by leveraging home CDBG. • Convert office buildings to housing – single occupancy units. • Promoting small business. • Repair existing rundown apartment complexes. • More homes less apartments. • More Police in Benmore and Canfield neighborhood. • City homebuyer loan payoffs as source with funding affordable housing (SMAP & Home). Housing Element Appendix A: Community Outreach Summary PUBLIC REVIEW DRAFT SEPTEMBER 2013 A-9 • Green building. • Permit package. • Redistribution of low income housing. • Energy. • Efficiency. • Materials. • Look at development among other. POLICY IDEAS • Do not allow variances as a matter of course (to builders). • Enforce existing City codes. • Enforce building and housing codes (slumlords). • To have an ordinance requiring periodic inspections by the City of multi-family rental units. • Equitable distribution of new housing across zip codes. • Proactive code enforcement & City on responsible for public areas (graffiti cleanup). • Identify areas throughout the “hole” City for low income housing. • A policy that incorporates affordable housing into development of housing. • To fairly distribute affordable housing throughout City, even if that means re- zoning. • Incentivize removal of blighted conditions such as ugly fencing, cemented front yards, etc. • Petition CA State to do away with Density Bonus law. • Promoting gated communities. • Allocate more programs for low-income families. • Create a plan or vision for affordable housing goals and production. • Increase fund for solar energy rebate program. • Creating a policy that creates affordable housing in transit areas and specific plan areas of growth. • To develop effective programs to actively address problems of the nine identified “problem” neighborhoods. • More code enforcement more personal responsibility. • Create a plan to use former redevelopment assets and land for all. • To have a “move-on” program for historic houses. Identify specific sites. • Developers must include affordable housing. No buy out or fees to opt out. Housing Element Appendix A: Community Outreach Summary A-10 PUBLIC REVIEW DRAFT SEPTEMBER 2013 • Requirement that all new developments include affordable housing (inclusionaryhousing). May 1, 2013 Workshop CHALLENGES • RDA ending, gap in funding affordable housing. • Financing. • Infrastructure upgrade needs (no RDA to help pay). OPPORTUNITIES • Fed $$ - Home, CDBG. • Tax credits. • Assessment districts/reimbursement districts. • EB5 money. • Fee deferral. • City tax for affordable housing. TOT increase to fund affordable housing. POLICY IDEAS • Better mechanism to replace RDA . Need to find this! • Public awareness program on benefits that RDA brought. • What are other states doing? • Waive fees. Housing Element Appendix A: Community Outreach Summary PUBLIC REVIEW DRAFT SEPTEMBER 2013 A-11 May 2, 2013 Workshop CHALLENGES • Acknowledgement of personal responsibilities to housing issues. • Crime/gangs/neighborhood deterioration. • What to do when population grows? • Where can homeless go? • High density / not knowing your neighbors. • Appropriate concentrations of housing. • Parking & traffic. • Losing open space w/increase density. • School aged children growing up in motels. Negatively impacts their education & likelihood of success as adults. • Gridlock: o Stop high density. o I can’t sleep at night because of helicopters. • We have way too many sex offenders in our City and near schools. • Quality of life is going down in Anaheim not up due to high density housing. OPPORTUNITIES • Individual interest/participation. • Prevent graffiti before it occurs. • Provide facilities for alternatives to graffiti. • Locating Section 8 away from school sites. § (Traffic) • Places for non-profits to work/resource center. • High density housing creates more traffic on our streets that cannot accommodate it now. Crime increases. • Crime, gangs, helicopters all night, graffiti, traffic. • We can’t handle current population. Why add more? • Quality of life is going down! • People are breaking into my car, our homes. I’m afraid to go out at night. • Continue to encourage travel by bicycles: o Much of Anaheim is flat. Housing Element Appendix A: Community Outreach Summary A-12 PUBLIC REVIEW DRAFT SEPTEMBER 2013 o Weather is great. • Helps to mitigate parking & traffic issues related to housing & jobs. • A small number of project based Section 8 vouchers can stabilize affordable properties at no expense to the City. • Give Grants to develop elderly facility and low income “not hotel developer”. • Security companies to do watches to give police to crime. • Idea – Stop growth. • Let fair market take care of housing not state or local funding. • Opportunities to be given to Anaheim residence. • Let churches & non-profits help meat needs people in need. RESOURCES/POLICY IDEAS • Elder facilities / hotels living for elderly o Ex: Armory. o Fullerton example. Housing Element Appendix A: Community Outreach Summary PUBLIC REVIEW DRAFT SEPTEMBER 2013 A-13 E. CINCO DE MAYO OUTREACH EVENT On May 4, 2013, the City of Anaheim participated in the Cinco De Mayo Carnival event to seek input from the Community regarding housing challenges and opportunities. Participants were asked to write the opportunities and challenges they see related to housing in Anaheim on Post It Notes that were placed on display boards. The following were the comments provided. The comments are provided verbatim. CHALLENGES • Overcrowded neighborhoods, provide more housing for low-income persons. • More control/enforcement regarding illegal dumping for trash/bulky items. Persons should be fined. • Repair damaged streets near Romneya and East. • Promote property maintenance in neighborhoods, maintain parks and control crime and homeless activities in parks. • Repair streets, maintain street lights and street trees. • There should not be bad people that kidnap and kill little girls. (8 year old little girl wrote this) • Rehabilitate apartments and reduce crime in neighborhoods. • Lower costs of utility services, such as water, electricity, etc. • Provide programs for teenagers in the neighborhoods to keep them out of trouble. • Property maintenance. • Rehabilitation of neighborhoods. • Repair sidewalks in certain areas. • Proper maintenance of alleys and clean-up of graffiti. • Reduction of crime and property maintenance. • Address Crime. • Housing for low-income residents. • Land lords should pay more attention to who they rent to. • Encourage apartment maintenance, not well maintained. • Owners charge tenants for repairs that should be responsibility of the owners. • Some apartment owners with Section 8 do not conform to the regulations. • Persons with disabilities get last priority on funding vs. other groups. • Address Vandalism and theft at neighborhood near Harbor and West. • Absentee property owners not responding to resident issues in a timely manner. • Residential rehabilitation loan program. Housing Element Appendix A: Community Outreach Summary A-14 PUBLIC REVIEW DRAFT SEPTEMBER 2013 • More community activities for people who live near Disneyland. Very tourist oriented but no services for people who live there. • High rents, long waiting lists, ongoing gang and graffiti problems. • Kids on the streets committing cri mes, vandalism, etc. OPPORTUNITIES • Promote higher education for persons living in low-income neighborhoods. • Allocate funds for the rehabilitation of single-family housing units. • More low-income housing. • Provide more parks, improve existing park by reducing crime and finding alternative site for homeless persons. • Increase affordable housing to shorten wait list for affordable housing. • More apartments and single family homes for low-income persons. • Housing for the elderly. • Promote property maintenance, promote recycling in neighborhoods, too much trash being generated in neighborhoods. • Provide shade structures around the drop-off/pick-up areas in the schools. • More funding for people with disabilities vs. illegal immigrants. • Provide more housing for persons with disabilities. • Provide after school programs in the neighborhoods. • Provide assistance for low-income persons, affordable housing and housing for homeless. • Keep streets safe and reduce crime. • Provide assistance with loan modifications. • Create more housing for low-income persons. • Repair streets, reduce crime and gangs. • Create more apartments for low-income persons. • Reduce vandalism and more attention to street maintenance. • Remove homeless persons from parks. • Create housing for homeless persons. • Priority should be given to the creation of more apartments and for-sale housing for low-income families. • Create housing for low-income persons. • Create housing for the homeless. • Implement rent control. • Provide more services/funding for persons with disabilities. Housing Element Appendix A: Community Outreach Summary PUBLIC REVIEW DRAFT SEPTEMBER 2013 A-15 • Provide information to residents regarding “Megans Law”. • Create more apartments and single family homes for low-income persons. • Reduce crime and gangs. • Create more apartments for low-income persons and more for-sale housing. • Create more housing near transportation centers. • Create more apartments for low-income persons. • More security in and around schools. • Create more apartments for low-income persons. • Establish a drug and criminal rehabilitation center/facility to get persons off the streets. • Increase patrols to improve public safety. • Create more apartments for low-income persons. • Conduct more surveys regarding community needs. • Change laws to permit garage conversions to address overcrowding. • Create more apartments for low-income persons. • Create more apartments and single family homes for low-income persons. • Low rents. • Educate people on ways to maintain their properties. • Create more apartments for low-income persons. • Create more affordable housing and housing for single mothers. • More housing for low-income persons and more resources to address gang problem. • More security in schools and designate more non-smoking areas. • Repair streets, sidewalks and street lights. • Rehabilitate single-family homes and apartments. • Reduce crime in neighborhoods. • Create more housing for single mothers and victims of domestic violence. • Combat crime and address property maintenance in neighborhoods. • More apartments and single family homes for low-income persons. Housing Element Appendix A: Community Outreach Summary A-16 PUBLIC REVIEW DRAFT SEPTEMBER 2013 F. WAND BARBECUE OUTREACH EVENT On May 11, 2013, the City of Anaheim participated in West Anaheim Neighborhood Development Council’s (WAND) 17th Annual Western Barbecue event to seek input from the Community regarding housing challenges and opportunities. Participants were asked to write the opportunities and challenges they see related to housing in Anaheim on Post It Notes that were placed on display boards. The following were the comments provided. The comments are provided verbatim. CHALLENGES • High crime at Magnolia and Lincoln, recent auto thefts in that area. • Homeless problem at the donut shop at Beach and Orange. • Apartments at Beach and Orange need more parking. • Too many liquor stores. • Hotels and prostitutes are a problem and are spilling into neighborhoods. • Problem with homelessness in West Anaheim. • Overcrowded schools. • Provide more sex education to control population. OPPORTUNITIES • More policing on Gilbert between Lincoln and Ball to address speeding and traffic accidents. • More affordable housing and resources for seniors. • More Community Gardens in Downtown. • More Dog Parks. • Control Food/Sodas offered to students in schools. • Provide nutritional education program for kids. • Provide alternative places for the homeless, away from the parks. • Relief for homeowners stuck in negative amortization loans. • Lower utilities. • More housing for low income persons. • Conduct workshops for parents to learn how to communicate in public. • More housing for low income persons. • Education programs for kids to stay out of gangs. • More apartments for low income persons. Housing Element Appendix A: Community Outreach Summary PUBLIC REVIEW DRAFT SEPTEMBER 2013 A-17 • Provide educational workshops for residents to learn computer and other technical skills and to become more involved in the community. • More housing for low income persons. Housing Element Appendix A: Community Outreach Summary A-18 PUBLIC REVIEW DRAFT SEPTEMBER 2013 G. HOUSING ELEMENT ONLINE SURVEY SUMMARY The following is a summary of the responses to the Online Survey received through August 27, 2013. 1. Are you a resident of Anaheim? If yes, please indicate in the box below for how many years? Yes: 43.9% No: 4.5% Average residency: 16.57 years 2. If you are a resident of Anaheim, do you Rent your home: 22.7% Own your home: 63.6% 3. The following is a list of housing-related challenges that Anaheim residents and stakeholders identified during the series of Housing Element public workshops held in March 2013. Please check the box next to any items that you agree pose a challenge in Anaheim. If you can think of any other housing-related issues that are not on the list, please include them in the "Other" box located at the bottom. Affordability of housing: 8.4% Increased traffic and neighborhood parking impacts 45.2% Location and concentration of housing 35.5% Crime, gangs and graffiti 64.5% Funding to support affordable housing 32.3% Housing for hotel/motel families 35.5% Housing for the elderly 38.7% Housing for the service sector 19.4% Housing for large households 19.4% Long commute times and limited jobs near housing 29.0% Engaging residents in planning for future housing 29.0% Aging housing stock 29.0% Other (comments provided verbatim): • Special Needs Housing. • Alternative sleeping location for the homeless community. Housing Element Appendix A: Community Outreach Summary PUBLIC REVIEW DRAFT SEPTEMBER 2013 A-19 • Lack of city support to enforce existing codes to improve and maintain neighborhood areas, especially areas of older high density rental housing. • Providing shelter and services for the growing homeless population, especially families and youth. • The new Housing manager is very rude & discriminate when I called to talk on phone. She said: whether it is my way or no way. • SINGLE level housing of ANY type is needed in ALL price ranges,- The population is aging, generations are living together!!!!! • Preserving Historic Homes. • Homeless emergency shelter and multiservice center. • Provide City Staff with Overtime Pay to quickly process Approvals and Permits for Affordable Projects. • Addressing needs of the 9 troubled multi-family neighborhoods. Finding sites suitable for relocation of historic houses. • High density in west Anaheim • Small businesses/strip malls not renovating, updating properties. Abandoned businesses. 4. The following is a list of housing-related opportunities that Anaheim residents and stakeholders identified during the series of Housing Element public workshops held in March 2013. Please check the box next to any items that you agree pose an opportunity in Anaheim. If you can think of any other housing-related opportunities that are not on the list, please include them in the "Other" box located at the bottom. An improving economy 46.4% Ability to change City policies, regulations, policies and fees 53.6% Redeveloping and creating special places 46.4% Community programs such as flashlight walks 21.4% Graffiti reporting and removal program 50.0% Promoting awareness of great things in Anaheim 39.3% Availability of different modes of transportation 50.0% Ability to use Community Development Block Grant (CDBG) funds 39.3% Existence of housing rehabilitation loans and programs 42.9% Other (comments provided verbatim): • Multi resource center to serve the less fortunate Housing Element Appendix A: Community Outreach Summary A-20 PUBLIC REVIEW DRAFT SEPTEMBER 2013 • Please note: CDBG funds can and in the past have been used to improve neighborhoods. That is largely no longer the case. At the same time these funds are being used for non-neighborhood improvement things like buying buildings to house non-profit groups. The CDBG funds have decreased yet the city expanded the areas covered and the funding committee thus decreasing the overall effectiveness in addressing real neighborhood blight and sub- standard conditions. • Are they still available- and to whom? Investors, that might want to build? Individuals? • Use of some of these funding resources for an emergency shelter and multiservice center. • Encourage Residents to propose Housing Development and other Resident Friendly Improvements to their Community and allow them to participate in "making them happen". • Utilizing homeowner city pay-off loans for historic preservation and affordable housing. • Local transportation for elderly. • Really looking forward to The Packing House opening. 5. If there are any other housing-related thoughts you would like to share, please include them in the box below. (Comments provided verbatim.) • Alternative sleeping location for the homeless community. • We have a concentration of affordable housing in the downtown area. This area cannot support any additional affordable housing projects. We must enforce existing codes in high density rental housing areas where absentee landlords do not maintain their property and people live in overcrowded, sub standard conditions. The city should not be property owners or landlords and should stop engaging in so called public/private partnerships to dev elop tax subsidized, high density, affordable and/or low income projects. • This is the first time I've heard of the flashlight walk program. Interesting. • Most of the jobs in the city are being created around the service sector which does not pay enough to afford rent in Anaheim, leading to long commutes, pollution and congestion. Low wages and not enough affordable housing create problems for everyone. • As a Mills Act home owner in the Palms District, I would like to see an increased amount of neighborhood and historic preservation with a high standard for the appearance and upkeep of rental properties. Most of my neighbors are in some sort of low-income housing with dwellings that are Housing Element Appendix A: Community Outreach Summary PUBLIC REVIEW DRAFT SEPTEMBER 2013 A-21 overcrowded and neglected by the landlords. I feel a more stringent code for rental properties with inspections by the city or a third party entity will not only improve the aesthetics the community, but also help the families living in these dwellings. • City beautification projects. Improve the landscaping along major roads in Anaheim. Make established neighborhoods more desirable. Give them a facelift. • The number of homeless is increasing in Anaheim including the number of homeless students in the schools. It is urgent an emergency shelter and multi service center is created in Anaheim to move these residents from the street to self-sufficiency. • I believe that concentrating low income housing to certain areas creates heightened crime issues. It is in the best interest of all residents to have affordable housing spread throughout the city, including Anaheim Hills. By spreading housing equally we are ensuring that low income households are able to access the same high quality services as others. Additionally, we spread children from low income families to various schools so that we don't end up with a "bad" school as a result of high numbers of poverty. Yes, many don't like the idea of having affordable housing in their neighborhood, but the fact that someone is poor does not mean that they are a bad person. I believe Anaheim has a great opportunity to implement a housing model that adequately meets the needs of all residents. • The City needs to identify ways to incentivize the rehabilitation of aging single-family homes and develop a dedicated funding source to pay for the relocation of historic homes threatened by development • Housing/shelters for the homeless. Several local parks are currently occupied by the homeless. • Consider petitioning CA state to repeal density bonus law • Townhouse and apartment building are not providing enough parking creating a backfill in neighboring residential neighborhoods. Housing Element Appendix A: Community Outreach Summary A-22 PUBLIC REVIEW DRAFT SEPTEMBER 2013 This page is intentionally left blank. Housing Element Appendix A-1: Housing Element Ad Hoc Committee Minutes PUBLIC REVIEW DRAFT DECEMBER 2013 A1-1 APPENDIX A-1: HOUSING ELEMENT AD HOC COMMITTEE MINUTES The following are the approved minutes from the Housing Element Ad Hoc Committee meetings held from March 2013 through September 2013. Housing Element Appendix A-1: Housing Element Ad Hoc Committee MInutes A1-2 PUBLIC REVIEW DRAFT DECEMBER 2013 This page is intentionally left blank. Anaheim Housing Element Ad Hoc Committee Minutes Tuesday, March 19, 2013 7:00 P.M. Helena Training Room, City Hall 200 South Anaheim Boulevard Anaheim, California A regular meeting of the Anaheim Housing Element Ad Hoc Committee was held on Tuesday, March 19, 2013, in the Helena Training Room, City Hall, 200 South Anaheim Boulevard, Anaheim, California.  Call to Order The meeting was called to order by Mr. David Barquist. Ad Hoc Committee members introduced themselves. Present: Je’net Kreitner, Grant Henniger, John Leos, John O’Brien, Kandis Richardson, Kelly Buffa, Greg McCafferty, Mike Balsamo, Abdulmageed (AB) Abdulrahman, and Phyllis Greenberg. Absent: None Staff Present: Principal Planner Jonathan Borrego and Associate Planner Andy Nogal. Consultant Present: David Barquist and Susan Harden.  Discussion Items 1. Member Introductions Mr. Barquist asked Committee Members and Staff present to give brief self- introductions. Mr. Barquist gave a brief overview of the meeting agenda. 2. Committee Purpose and Responsibilities Mr. Barquist explained that the committee is not permanent and reviewed the purpose of the committee. The committee is helping the decision makers in the City. Responsibilities include the review of community input, attendance at workshops to observe community interactions, familiarity with the housing profile report, and review and comment on Goals, Policies Objectives, and Actions within the Housing Element. 3. Establishment of Meeting Ground Rules Mr. Barquist introduced the discussion of ground rules. Ms. Harden facilitated the discussion. A total of seven meetings are planned to be held at this point, plus additional meetings. Meetings will occur monthly through September. No more than two absences will be allowed. Only the appointee may serve and attend Ad Hoc Committee – no substitutes. Meetings will start and end on-time. However, notice must be given in advance if it is projected that the meeting will go longer. Actual scheduled meeting start times to be discussed later. Mr. Barquist stated that the Ad Hoc Meetings are publicly noticed meeting so they should start at the noticed time. Meetings will be recorded. Minutes will be taken, approved by committee at following meeting, and archived. Minutes are prepared in summary format and approved at the following meeting. Come prepared to meeting, having reviewed any pertinent information. Committee should try to come to a consensus on policy issues, but that may not always be possible. Committee can make a motion to vote or add anything to the document. 4. Review of Brown Act City of Anaheim Assistant City Attorney, Mr. Ted Reynolds, provided an overview of the Brown Act. All meetings must be transparent to the public. This committee must abide by the Brown Act. If six or more members are at a social gathering, it could be viewed by the public as a meeting. Refrain from discussing the work effort of the committee and do not deliberate. Talking about an issue to build consensus outside of meeting in not allowed. Do not “reply all” on e-mails which can become a “discussion”. A meeting consists of hearing, discussion, or deliberating. Proper etiquette during meetings includes no texting. Committee members may only speak in front of the City Council as a citizen, unless authorized by committee to speak on behalf of committee. The written agenda must contain all items to be discussed. Items not listed may not be discussed, but may be added to next agenda. The agenda items must be submitted one week before meeting and must be posted 72 hours prior to meeting. Every agenda includes public comment only on items about the Housing Element. Speaker cards should be provided for public commenters. This committee will not conduct closed sessions. Violating the Brown Act is considered a misdemeanor. 5. Overview of Committee Binder Contents Mr. Barquist notified the committee that the previous Housing Element is on CD in the binders provided to them. This binder is a living document and will be changing and updated throughout the life of this committee. The binder contains agendas and minutes for every meeting. Prior to meetings minutes approval, members should ensure that all items deliberated are included in the minutes. Ground rules discussed today to be provided to committee members for their binders. Mr. Barquist made a motion to provide phone and contact info of all committee members to all members of committee. Motion passed by committee. Community workshops – multiple rounds are scheduled. City has reached out to many organizations to boost attendance. Outreach will include booths at numerous festivals and farmers market. Binder contains an overview of legislation and internet resources. The entire current Housing Element document in pdf format on CD is provided in the back of the binder. A five minute break will be added to ground rules. A five minute break was then called. 6. Review of Housing Element Process/Legal Requirements/RHNA Process Mr. Barquist introduced and gave brief descriptions of the Housing Element process, legal requirements, and the Regional Housing Needs Assessment process. Mr. Barquist explained that the Housing Element and housing need allocations provide the context for the private market to develop. Development slowed and market conditions have changed from the last cycle. Sites previously identified by Housing Element that were not developed may still be utilized. City Staff stated 9,500 units was last cycle target. This is much higher than the projection for this planning cycle which is approximately 5,700 units. Quantified objectives set local targets during planning period and will be discussed in later meetings. Ms. Richardson asked who comes up with projected numbers. Mr. Barquist explained the process and methodology and that the numbers are allocated by SCAG. Mr. O’Brien commented on the statistics used to determine the RHNA numbers. A vacancy adjustment is shown in the reduced numbers. Ms. Kreitner asked if the numbers were determined by needs or by Section 8 housing list. Mr. Barquist explained HE is 50/50, existing and future needs. Existing needs are separate from future growth needs. The numbers account for motel families. Ms. Greenberg asked if the range of projected needs was to attract people in specific income levels. Mr. Barquist stated that the projections are not “recommended” but, “identified projected growth needs.” Mr. Balsamo commented that SCAG creates numbers as a result of natural population growth as well. Mr. Abdulrahman asked if there is an empirical equation to show the factors. Mr. Barquist responded that there is a methodology used by SCAG. Mr. Borrego stated that those projected numbers will not change. City Staff monitors methodology and allocation process and believes this is a fair allocation. Mr. Abdulrahman asked if the City reviewed the past performance from the previous Housing Element. The City Staff responded yes, that there is an annual review/progress report of Housing Element submitted to the State. The next annual review is scheduled for City Council consideration at its next meeting. The City Staff continued to explain that there are challenges to the City from the closure of Redevelopment Agencies. This funding source for affordable housing is now gone. The Community Development Director, John Woodhead, will be at the next Ad Hoc meeting to discuss this issue. Redevelopment was the largest source of funding for affordable housing in the City. Mr. Barquist continued to speak about the needs assessment and terminology, resources and constraints analysis (governmental and non-governmental). He also explained that the Policy Program is the official City policy on housing. Mr. Barquist then reviewed the five phases of the Housing Element update process. 7. Discussion of Upcoming Ad Hoc Meetings Mr. Barquist and the City Staff initiated a discussion on setting the dates and times of the next 6 meetings, as well as the agendas. A motion to start all meetings at 6 pm was passed. The group discussed and determined that the next (second) meeting will take place on April 15, 2013 at 6:00 P.M. The location is to be determined. A location for future meetings was discussed and locations in central Anaheim will be considered first. The third Ad Hoc Committee meeting was scheduled for Thursday, May 30th at 6:00 P.M.  Public Comments Mr. Patrick Kreitner asked about housing growth. He stated that there is a percentage for need of housing for various incomes and wanted to know how many people fall into these categories. He also stated that it seems like the number of lower income families are becoming greater. Mr. Barquist replied that the Housing Needs Assessment Report will cover all the information that Mr. Kreitner was inquiring about.  Adjournment The meeting was adjourned at 9:09 p.m. to the next scheduled meeting to be held in on April 15, 2013, at 6:00 P.M. at a location to be determined. 1 Anaheim Housing Element Ad Hoc Committee Minutes Monday, April 15, 2013 6:00 P.M. Sunkist Library 901 South Sunkist Street Anaheim, California A regular meeting of the Anaheim Housing Element Ad Hoc Committee was held on Monday, April 15, 2013 at 6:00 pm at the Sunkist Library, 901 S. Sunkist Street. • Call to Order The meeting was called to order by Mr. David Barquist at 6:05 pm. Present: Je’net Kreitner, Grant Henniger, John Leos, John O’Brien, Kandis Richardson, Kelly Buffa, Greg McCafferty, Mike Balsamo, Abdulmageed (AB) Abdulrahman, and Phyllis Greenberg. Absent: None Staff Present: Principal Planner Jonathan Borrego, Associate Planner Andy Nogal and Community Development Director John Woodhead. Consultant Present: David Barquist and Michelle Lieberman. • Pledge Of Allegiance Mr. Borrego led the Pledge of Allegiance. • Approval of Minutes for the Meeting of March 19, 2013 Motion made by Committee Member Buffa, seconded by Committee Member Henniger, to approve the March 19, 2013 minutes as written. Motion passed unanimously. • Discussion Items 1. Presentation by Community Development Department Director Regarding the Effect that Elimination of Redevelopment will Have on Future Housing Development Mr. Borrego introduced John Woodhead, Community Development Director, to provide an overview of the dissolution of redevelopment agencies and the impact on future housing production. 2 Mr. Woodhead first thanked the Ad Hoc Committee for serving and described that the State of California had taken approximately $50 million in redevelopment funds from Anaheim over the last decade to augment education funds. The State was poised to take an additional $1.7 billion in a single fiscal year from redevelopment agencies statewide and an ongoing amount in subsequent years. Under that scenario, Anaheim’s contribution would have been $16.4 mil in the first year and $4 mil in the subsequent years. The California State Redevelopment Agency sued to stop the State’s “ransom request” and that legal process ended with the elimination of all redevelopment agencies statewide as of January 2012. In terms of its history, redevelopment had become active beginning in the late 1970’s. During this time, approximately 6,000 housing units were developed in Anaheim through the involvement of the Redevelopment Agency (RDA). One of the requirements of RDA’s was a housing set-aside fund where no less than 20 percent of the tax increment revenue was required to be used for affordable housing. Anaheim opted to set aside 30 percent in conjunction with an action to extend its RDA plan for another 10 years, making the 30 percent set aside mandatory. In 2005, the City Council adopted a five-year Affordable Housing Strategic Plan. The Plan was extended out to 2014 and called for the development of 2,800 affordable units. Approximately 1,500 affordable units have been developed under the plan thus far. The loss of redevelopment funds equates to a loss of $1.3 billion for Anaheim, including $400 million in housing set aside funds. The direct use of public funds also induced private investment. For example, Colony Park had approximately $25 million in net public investment, but induced approximately $300 million in additional private investment. Colony Park is an example of using housing development in the downtown to generate a viable retail/commercial environment. The Successor Agency is the City acting as “trustee” of sorts and is a separate legal entity. Approximately 40 acres of housing development sites have been transferred to the Successor Agency. This land is valued at approximately $25 per square foot. There is also a loan portfolio of 350 first time homebuyer loans, totaling about $10 million. There is also about $15 million in new loans obligations. The Successor Agency has $15 million for the Avon Dakota rehabilitation project. There is also approximately $8 million in housing set aside funds that were loaned to the non-housing redevelopment side. Residual receipts for housing projects will provide a $1.5 to 2 million annual income stream. Without redevelopment, Anaheim does not have an ongoing revenue stream that it is able to bond against. The City will act similar to a private developer going forward, needing to produce some revenue from future housing activities. Anaheim will probably not provide financial assistance directly to rental projects. The primary focus will likely be on acquisition and rehabilitation of the city’s older housing stock. Efforts will be concentrated in one neighborhood until that neighborhood project is complete, then move on to next neighborhood. Some housing programs will not be funded. Committee Member Balsamo asked why the philosophy has changed from focusing on rental to acquisition/rehabilitation. Was this direction from the City Council? Mr. Woodhead responded that the City Council is leaning that way. There is also a large segment of the community that recognizes the housing stock in Anaheim is older and 3 needs fixing up. The ratio of single-family to multi-family development is skewed towards multi-family. Acquisition/rehabilitation will help address occupancy problems, infrastructure, and things that create slums. Financing for acquisition/rehab is fairly viable without needing a large public subsidy to make tax credits work. Avon Dakota is an example. There will be a 55-year ground lease with a revenue stream resulting from the project. Committee Member O’Brien asked how much acquisition/rehab can play in meeting the RHNA allocations. Mr. Woodhead responded that acquisition/rehab will play a very small role in meeting the RHNA numbers. The City has some federal funds that may be reallocated, but remaining funds for housing are limited. Committee Member Henniger noted that rents at Avon Dakota will be fairly low, creating affordable units. Mr. Woodhead commented that the 40 acres owned by the Agency must be used for affordable housing. The ability of developers to get funding to build on sites will make a difference in development happening on those sites. Committee Member Richardson commented that it may be more feasible to increase public revenue through the property taxes on ownership units than rent from rental units. Mr. Woodhead commented that some of the housing sites are not ones that developers are willing to build for-sale properties on, unless the condo market comes back. The product developed will also depend on how rapidly the properties need to be developed. In the past, under RDA, five years was the limit. That rule may or may not apply. Housing advocates will probably ask those time limits still be enforced. Committee Member Richardson commented that she thinks the condo market is strong and young professionals and first time homebuyers are looking for condos. Mr. Woodhead commented that this is true, but a strong condo market isn’t consistently seen in Anaheim right now. For example, condominiums have not taken off in the Platinum Triangle. Committee Member Greenberg asked what the range is for affordable housing. Mr. Woodhead answered that affordable housing serves a wide range of incomes. The affordability level is based on the area median income. Mr. Woodhead provided some examples of income levels from the latest HCD income limits. Committee Member McCafferty asked what incentives can be given to developers to revitalize the city if redevelopment is gone. Mr. Woodhead provided examples of ways to make the entitlement process easier, including pre-entitling property, assistance with utilities and infrastructure by tandeming with a public works project, and streamlining the process. Committee Member Leos noted that one of the things young parents look at when buying a house is the quality of the schools in the area. He commented that this will be a challenge for some neighborhoods in Anaheim. Committee Member Henniger agreed that schools make a big difference in the neighborhood and attracting buyers. Committee Member Leos noted that there are not enough schools in some of the neighborhoods and gave the Platinum Triangle as an example. Mr. Woodhead commented that the elimination of redevelopment did not directly provide more funds for schools. 4 Committee Member Greenberg commented that creating mixed-income communities will help the schools by balancing the community. Mr. Woodhead responded that creating mixed-income communities will be difficult to do with the existing housing stock. The cost per unit increases dramatically when they are demolished and rebuilt. The cost for rehabilitating a unit is $50-60,000. This increases to $200,000 if tearing down and rebuilding. The City is trying to integrate the affordable housing into larger neighborhoods to create a bigger district with a sense of identity. Committee Member Henniger asked what are some of the best practices for meeting the RHNA needs without redevelopment. What are other cities doing? Mr. Woodhead responded that many cities are rezoning property to make the opportunities available, but not proactively doing anything to try to develop numbers up to the RHNA. Mr. Borrego commented that the City’s quantified objectives will be different than the RHNA target. The quantified objectives are what the City considers to be feasible within the planning period. Mr. Borrego asked Mr. Barquist what other cities are doing in terms of setting a reasonable quantified objective. Mr. Barquist said that cities are looking at facilitating private investment by reducing time and uncertainty. They are looking at the approval process and also when fees are paid. The City may look at deferral of fees to occupancy. Committee Member Buffa commented that a policy could be to have the City go to the State to change the RHNA process and lower numbers. Mr. Barquist commented that the Housing Element is part of the General Plan which typically has broad policy, but State law includes very specific requirements for the Housing Element. Committee Member Balsamo described the County of Orange’s by-right overlay where 100 percent affordable housing can be developed on commercial and industrial properties. About 500 units have been built through the overlay. Mr. Borrego explained the City of Anaheim’s housing overlay. The City has over 200 parcels identified in the current Housing Element as opportunity sites. The housing overlay allows for by-right housing on these sites. The overlay has been created and the preparation of CEQA documentation is in process. Hearings to apply the overlay to the sites will occur during the summer. Most of the sites are currently developed with strip retail and older hotels. These sites are designated for residential in the General Plan, but currently zoned commercial. Committee Member Leos commented that there may be community concerns with concentrating low income housing through the overlay. Mr. Borrego clarified that the overlay allows for all housing, not just affordable housing. The projects could be market rate and he expects to see both affordable and market rate development at these locations. Committee Member Richardson commented that the City also started putting in infrastructure to accommodate units. Mr. Woodhead confirmed this; saying over $100 million was put into infrastructure around the Anacapa development. Committee Member McCafferty asked if the units will also be able to use density bonus. Mr. Borrego responded yes. 5 Committee Member Balsamo suggested the City look at other standards as well. Committee Member McCafferty commented that, coupled with making it easier to develop, the City should look at putting in the infrastructure investment. Mr. Borrego noted that there is currently a surcharge added to Anaheim utility bills to make upgrades to the infrastructure. There have already been improvements made in west and central Anaheim. Sewer capacity remains a large issue for some areas. Committee Member McCafferty said one of the policies in the Housing Element might be to prioritize capital improvement projects for housing opportunity sites and providing certainty as to when the improvements will be made. Mr. Borrego commented that this would be a great idea to include in the policy development discussions. Committee Member Balsamo noted that the Housing Element focus is on housing and will not be able to solve every issue. Mr. Borrego talked about CEQA reform. CEQA can be a challenge for development right now with the amount of time and money needed. The housing overlay zone is being prepared under a supplemental EIR to the General Plan EIR. This will allow the City to exempt infill development and speed up the development process. Committee Member Henniger asked if the residual receipts to the Housing Authority could be bonded against. Mr. Woodhead said this is not a very viable option right now, but may be in the future. Committee Member O’Brien asked how affordable housing development happened prior to RDA. Mr. Woodhead responded that there was not much interest in affordable housing in California then. The first redevelopment efforts did not even require affordable housing. Committee Member Abdulrahman asked if Anaheim receives federal assistance. Mr. Woodhead responded yes, the City receives CDBG and HOME funds. There have been substantial cutbacks though. Mr. Woodhead explained that the City may have to eliminate 500 Section 8 vouchers due to sequestration. Committee Member Kreitner asked what the timeline is to eliminate the 500 Section 8 vouchers. Mr. Woodhead responded that the City is working with HUD to see. The timeline was originally by the end of 2013, but that may change. The program has a natural attrition of about 20 to 25 households per month. Committee Member Kreitner commented that Cherry Orchard will be open in the fall and could house 45 of the Section 8 families. Mr. Woodhead also explained that the Housing Element will look at at-risk units. For example, Miracle Terrace, a 200 unit senior complex, has expiring affordability requirements. Committee Member Kreitner asked if it would make sense to take money out of rapid rehousing to address the Section 8 issue. 6 Committee Member Richardson commented that there may be people with Section 8 vouchers who should not be eligible. Mr. Woodhead commented that fraud is always a concern and the Police Department investigates any fraud concerns. Mr. Woodhead concluded the discussion by saying tools to replace redevelopment may be available in the future. This is the first time a Housing Element has to be prepared with a constrained fiscal environment. Looking at how to eliminate barriers for the private sector should be a focus. The Committee took short recess. Upon returning, Mr. Barquist noted that the library closes at 8:00 pm. Therefore the Committee will end their meeting at 7:50 pm. 2. Review of Past and Planned Community Outreach Efforts Mr. Barquist provided an overview of the community outreach activities to date. The City had a booth at the farmers market in downtown. People could provide comments on sticky notes at their convenience. The comments will be provided to the Committee at the next meeting. The City also had a workshop series in March. Participation rates were low. The City is going to use the “go-to-them” strategy and have opportunities to participate at the La Palma Park Cinco de Mayo event and other larger community events. Staff will also be at the West Anaheim BBQ to get input. Mr. Borrego also noted that staff is making a big push to increase attendance at the next round of workshops. Staff will be attending the neighborhood council meetings to announce the upcoming workshops. Staff is also updating the Housing Element webpage to be more user-friendly and catchy. The webpage is expected to launch next week. There will also be an online survey. Committee Member Balsamo asked what questions will be asked of the community. Mr. Barquist responded that the questions are related to higher order issues, what needs to be addressed, what needs to be considered by decision makers, what is the broad direction. Mr. Barquist summarized the input received at the workshops related to housing challenges and opportunities. Challenges identified included: o Crime/Gangs/Graffiti o Location and Concentration of Housing o Funding o Affordability o Traffic and Parking o Hotel/Motel Families o Housing for Elderly o Housing for Service Sector o Housing for Large Households 7 o Commute Time/Limited Jobs Near Housing o Engaging Residents o Aging Housing Stock/Quality of Construction Opportunities identified included: o Improving Economy o Change City Policies/Regulations/Processes/Fees o Redeveloping and Creating Places o Community Programs (i.e. flashlight walks) o Graffiti Reporting and Removal Program; “Safe Walls” and Urban Art o Promoting Awareness of Great Things in Anaheim o Multimodal Transportation o Affordable Housing for Elderly with Supportive Amenities o Development of Small Units o CDBG Funds o Private Financing for Rehabilitation of Housing o Incentive Program with Lenders for Home Improvements o Rehab Rebate Program 3. Review of Housing Element Background Report Mr. Barquist introduced the Housing Element Background Report. Chapters 2 and 3 of the draft Housing Element were provided to the Committee. Given time constraints, the background report will be presented at the next Committee meeting. 4. Review of Past Performance Mr. Barquist introduced the Review of Past Performance. The Committee has been provided with a table showing the existing policies in the Housing Element. There is a column where staff will provide information on progress in implementation. This will provide information needed to discuss what should be changed. One consideration is that RDA is listed as the funding source for many of the programs. The completed table will be provided to the Committee prior to the next meeting. Committee Member McCafferty asked how the review of past performance relates to the City’s annual Housing Element report. Mr. Barquist responded that information from the annual report will be integrated into the matrix. • Public Comments No members of the public present. 8 • Adjournment Motion made by Committee Member Kreitner, seconded by Committee Member Abdulrahman to adjourn the meeting. The meeting was adjourned at 7:47 p.m. to the next scheduled meeting to be held in on May 30, 2013, at 6:00 P.M. 1 Anaheim Housing Element Ad Hoc Committee Minutes Thursday, May 30, 2013 6:00 P.M. Central Library 500 West Broadway Anaheim, California A regular meeting of the Anaheim Housing Element Ad Hoc Committee was held on Monday, May 30, 2013 at 6:00 pm at the Central Library, 500 W. Broadway. • Call to Order The meeting was called to order by Mr. David Barquist at 6:10 pm. Present: Abdulmageed (AB) Abdulrahman, Mike Balsamo, Kelly Buffa, Phyllis Greenberg, Grant Henniger, Je’net Kreitner, John Leos, Greg McCafferty, John O’Brien, and Kandis Richardson Absent: None Staff Present: Principal Planner Jonathan Borrego and Housing Programs Manager Grace Stepter Consultant Present: David Barquist and Michelle Lieberman. • Pledge of Allegiance Committee Member Henniger led the Pledge of Allegiance. • Approval of Minutes for the Meeting of April 15, 2013 Motion made by Committee Member Buffa, seconded by Committee Member Kreitner, to approve the April 15, 2013 minutes as written. Motion passed unanimously. • Discussion Items Mr. Barquist requested that the Committee amend the meeting agenda to move Discussion Item #3 Review of Past Performance before Item #2 Review of Housing Background Report because Housing Programs Manager Grace Stepter is in attendance and can answer any of the Committee’s questions regarding the Review of Past Performance. The Committee agreed to hear Discussion Item #3 first. 1. Review of Past Community Outreach Efforts Ms. Lieberman gave an overview of the community outreach activities and the input received since the last Ad Hoc Committee meeting. These activities included Workshop Series #2 (consisting of three community workshops), the WAND Barbeque and the Cinco 2 de Mayo festival at La Palma Park. The Consultants provided the Committee with hard copies of the community input notes from the outreach activities to date. Mr. Barquist explained the EB 5 program that was mentioned in the community input. The EB 5 program is a federal program that provides foreign companies with ability to obtain visas for employees in return for creating permanent jobs and investment in the United States. A committee member asked for clarification on the “move on program” for historic homes. Principal Planner Borrego explained that the program was funded by the Redevelopment Agency to relocate historic homes that would potentially be demolished by new construction otherwise. A committee member asked for clarification on the community member’s comment on promoting gated communities. Mr. Barquist said that the community member made the comment in the context of parking and gated complexes having higher demand for parking within the confines of the complex versus non-gated complexes where parking spills out into the neighborhood as well. One committee member commented that it may be related to an overcrowding issue where there are multiple cars per apartment unit. Another committee member noted that many people use their garages for storage instead of parking. Another committee member said it gates may be in response to security concerns. Another committee member said he would not advocate for including a policy promoted gated communities in the Housing Element and that developers should be able to choose to put in gates or not. There was general agreement amongst the committee on this. Another committee member commented that gating communities segments the community and limits communication. A committee member asked for clarification on a community member’s comment regarding petitioning the State to remove the density bonus requirement. Another committee member asked for clarification on what the density bonus requirement entails. Mr. Barquist explained that the density bonus requirement includes provisions that must be granted to a developer if certain affordable units are provided. He explained that the community member’s comment was related to the State’s purview over local government and the political dynamic of the State in local affairs. The density bonus provisions are included in the Resources section of the Housing Element background report. A committee member asked if the summary of the outreach efforts would be provided in the Housing Element. Ms. Lieberman said that the summary will be provided in the full draft Housing Element. A committee member asked if Staff heard a difference in the types of community comments from area to area within the City. Principal Planner Borrego said that there were some differences in the overall themes of the comments. At the Cinco de Mayo festival, there were many comments about maintenance issues and absentee landlords. At the WAND barbeque, there were many comments about crime, overconcentration of affordable housing and homeless. Principal Planner Borrego noted that the amount of input at the two events was greater than the workshops, but that the second workshop series also had a higher attendance than the first round of workshops. The City’s online survey has also had over 50 responses to date and will remain open online. 3 A committee member asked if the community members providing input at the La Palma Park event were primarily Hispanic. Principal Planner Borrego said that most of the community members who spoke with staff were Hispanic. 2. Review of Past Performance Principal Planner Borrego introduced Housing Programs Manager Grace Stepter. A committee member asked to receive documents to review early on to allow for adequate time for review. Principal Planner Borrego indicated that additional review time will be provided with future documents to be reviewed by the Committee. Ms. Lieberman read through each of the housing strategies listed in the current Housing Element and the staff’s summary of the progress in implementing the strategy. Discussion was as follows. Housing Production Strategy 1A: Meet or Exceed the Production Goals of the Affordable Housing Strategic Plan – Principal Planner Borrego commented that the City is no longer pursuing housing development under the plan, except for the projects that are already in the pipeline. Housing Programs Manager Stepter commented that the current projects under the plan were already underway and committed to before the Redevelopment Agency was dissolved. A committee member asked if it would advantageous to ask the City Council to revise the policy to reflect the numerical objectives to be in line with the achievable outcomes of the plan. Principal Planner Borrego said that the City Council could be asked to rescind the plan or revisit the plan since it is still official policy, but not being acted upon. Housing Production Strategy 1B: Implementation of an Affordable Housing Overlay Zone – Principal Planner Borrego said this was included in the original Affordable Housing Strategic Plan, but then in the development of the Housing Element the City had to identify Housing Opportunity Sites to allow by-right residential development so the Overlay Zone became redundant. The City is moving forward with the rezoning of the Opportunity Sites this summer. Housing Production Strategy 1C: Expedited Processing for Extremely-Low, Very Low, Low and Moderate Income Housing Developments – A committee member asked if the City has received feedback about processing timelines for other projects. Principal Planner Borrego said staff has not received specific feedback yet, but would like the committee to discuss this item in the resources and constraints discussion at the next committee meeting. The committee member commented that getting the pieces to work for expedited processing can be very difficult and it may not be the best tool to incentivize development. Man y times the applicant does not have the plans prepared to the level of detail necessary for expedited processing, but has an expectation that the process will be expedited. Principal Planner Borrego commented that different departments also have different capabilities to expedite processing. Another committee member commented that he had worked on a development that received expedited processing that saved time, but the tradeoff was that the project itself was expensive to develop. Housing Production Strategy 1G: Encourage the Development of Housing for Extremely- Low Income Households - A committee member asked if these units were developed using Redevelopment Housing Set-Aside funds. Housing Program Manager Stepter said that there was a combination of funds used, including Section 8 Project-Based Vouchers. A committee member asked if these projects are mixed income. Housing Program Manager Stepter said that most of the projects involved tax credits and that the households with the 4 highest income within the projects would be households earning 60 percent of the area median income. A committee member asked if the City has found that the crime rate is higher in these areas. Housing Program Manager Stepter said that the City has found that the crime rate is not higher, and in many cases is lower. A crime study was done in the Hermosa Village area that shows that calls for service are lower now. The income-restricted projects have requirements for background checks on the tenants. The communities tend to be better maintained. Active data matching occurs with the Police Department so that the Housing Authority is notified of any criminal activity. A committee member asked if there are any projects on the list that are still being developed. Housing Program Manager Stepter said that Cherry Orchard is still in progress. A committee member commented that Hermosa Village has private security and is gated, but many residents are hesitant to complain because they do not want to be kicked out. He commented that a good management company helps make the project better. A committee member commented that a portion of the units at Cherry Orchard are tied to Section 8 service vouchers so that the households agree to receive some sort of supportive services with their housing. The project also has a community center. Housing Program Manager Stepter explained the difference between public housing, where all of the households pay 30 percent of what the household could afford, and affordable housing in Anaheim where the rent is set and not tied to the specific occupant’s income. Traditional public housing is being demolished through a federal program called Hope VI because of the problems of large concentrations of low income housing without proper management. Housing Production Strategy 1H: Encourage the Development of Housing for Special Needs Households – A committee member noted that Diamond Street has 24 units, not 25 units, for special needs households. There is one manager unit. Housing Production Strategy 1J: Development of Housing Information Clearinghouse – A committee member asked if the Neighborhood Housing Services of Orange County is part of the City, County or a separate entity. Ms. Lieberman explained that it is a separate organization that is located in Anaheim. The City refers people to NHS. A committee member asked if there are still funds going forward to support this program. Housing Programs Manager Stepter said that the City is continuing to provide this through the Housing Authority and growing the web presence and automated tools. Housing Production Strategy 1O: HOME Homebuyer Program – Housing Programs Manager Stepter commented that the majority of the City’s HOME funds are going to prioritized acquisition and rehabilitation efforts, not to this program. A committee member asked if there are programs looking at other aging neighborhoods in Anaheim and making sure they do not deteriorate any further. Housing Programs Manager Stepter said that the HOME funds are being used towards rehabilitating rental housing in the Avon Dakota neighborhood. A committee member commented that programs to address aging single- family neighborhoods are needed. Housing Programs Stepter said there may be future programs that provide funding for a program. Another committee member noted that there is a need for rehabilitation of houses with absentee or non-responsive landlords and code enforcement could be used as a tool. There 5 are also concerns about elderly homeowners that may not be able to afford to make improvements. Housing Production Strategy 1Q: Compliance with SB 2- Adequate Sites for Emergency Shelters/Transitional Housing – A committee member asked if transitional and supportive housing requirements will be more liberal than emergency shelters. Principal Planner Borrego responded that transitional and supportive housing will be treated more like a single-family residential use as opposed to an institutional use. A committee member asked if a program is no longer being funded and was not available during the current Planning Period, would the program be removed from the future Housing Element. Ms. Lieberman said that those specific programs would be removed. Mr. Barquist commented that if the underlying issue or concern remained, the policy program would look at how to address the issue and where funding could come from. Housing Production Strategy 1R: Affordable Housing Program – A committee member noted that Diamond Street received funds through this program. Housing Conservation and Preservation Strategy 2C: Community-Based Neighborhood Enhancement – A committee member asked if Paint Your Heart Out is funded by the City. Ms. Lieberman answered that Paint Your Heart Out is a non-profit organization and has volunteers. The committee member asked if the Housing Element could include non-profits in the policy program. Ms. Lieberman responded that coordination with these groups could be part of the policy program. A committee member asked about the number of traffic-related improvements listed and if housing funds were used for these. Principal Planner Borrego responded that these are through separate funds from Public Works or CDBG. Housing Quality and Design Strategy 3A: Sustainable Development/Green Building – A committee member asked if there are funds available for this program. Principal Planner Borrego responded that the program is primarily provided through Anaheim Utilities. A committee asked if rebate incentives are still available for developers. Another committee member responded that the rebate incentives have been terminated, along with the expedited processing incentive. Housing Quality and Design Strategy 3C: Adopt Reasonable Accommodation Procedures – A committee member asked if this waives ADA requirements. Principal Planner Borrego said this program actually removes zoning requirements that might conflict with ADA requirements such as the installation of a wheelchair ramp in a front setback area. Housing Quality and Design Strategy 3H: Definition of Family – A committee member asked who would be writing the Municipal Code amendment for the definition of family. Principal Planner Borrego responded that staff would be writing the amendment in coordination with the City Attorney and it would ultimately be adopted by the City Council. He commented that this amendment will be looked at in conjunction with the provisions for transitional and supportive housing. Affordable Housing Opportunity Strategy 5B: Section 8 Rental Assistance Program – A committee member asked for an update on the status of reducing the number of Section 8 vouchers based on federal cutbacks. Housing Programs Manager Stepter said that the Housing Authority is working with HUD on the issue and there is a national set-aside that the City could apply for if vouchers need to be terminated. The City plans for the fiscal year of July to June while the HUD plan is for the calendar year of January to December. 6 A committee member asked about the Integrity House project and what program it was funded through. Housing Programs Manager Stepter said that the project received Section 8 Project Based Vouchers. Affordable Housing Opportunity Strategy 5J: Workforce Housing – A committee member asked how workforce housing is defined. Housing Programs Manager Stepter said workforce housing is generally located near a large employer and provide housing at levels affordable to employees, like those who work at Disneyland. They are typically family units. Mariposa Village and Diamond Street needs to be removed from the list. A committee member asked if employers contribute to these projects. Housing Programs Manager Stepter said they do not at this time. A committee member said that asking employers to contribute should be considered in the new policies. A committee member asked that a line be added to each of the programs that were discontinued to explain why and if funding was lost. Principal Planner Borrego said that at the next meeting, the committee will have the opportunity to revisit the Review of Past Performance to address any follow-up questions. • Public Comments No members of the public present. • Agenda Forecast The Committee decided to hold the next meeting of the Ad Hoc Committee on June 19th, 2013 from 6:00 pm to 8:00 pm at the Central Library. The next agenda will include a review of Chapter 2: Needs Assessment and Chapter 3: Resources and Constraints. • Adjournment Motion made by Committee Member Henniger, seconded by Committee Member Greenberg to adjourn the meeting. The meeting was adjourned at 7:40 p.m. to the next scheduled meeting to be held in on June 19, 2013 at 6:00 pm at the Central Library. 1 Anaheim Housing Element Ad Hoc Committee Minutes Thursday, June 19, 2013 6:00 P.M. Central Library 500 West Broadway Anaheim, California A regular meeting of the Anaheim Housing Element Ad Hoc Committee was held on Thursday, June 19, 2013 at 6:00 pm at the Central Library, 500 W. Broadway. • Call to Order The meeting was called to order by Mr. David Barquist at 6:10 pm. Present: Abdulmageed (AB) Abdulrahman, Kelly Buffa, Grant Henninger, John Leos, Greg McCafferty, John O’Brien, and Kandis Richardson Absent: Mike Balsamo, Phyllis Greenberg, and Je’net Kreitner, Staff Present: Principal Planner Jonathan Borrego, Associate Planner Andy Nogal, and Housing Programs Manager Grace Stepter Consultant Present: David Barquist and Michelle Lieberman. • Pledge of Allegiance • Approval of Minutes for the Meeting of May 30, 2013 Motion made by Committee Member O’Brien, seconded by Committee Member Buffa, to approve the May 30, 2013 minutes. Committee Member Henninger noted that his name was misspelled throughout the minutes and asked that they be corrected. Motion passed unanimously to approve the minutes as corrected. • Discussion Items 1. Continued Review of Past Performance Document This item was the opportunity for any additional questions or discussion on the Past Performance document that was presented at the last meeting. The committee had no further questions or discussion. 2. Continued Review of Housing Element Background Report (Chapters 2 and 3 of the Draft Housing Element) Ms. Lieberman provided an overview of Chapter 2: Housing Needs Analysis. This chapter includes the following topics: 2 o Population Trends and Characteristics o Employment Trends o Household Characteristics o Housing Inventory and Market Conditions o Overpayment o Overcrowding o Growth Needs (RHNA) o Special Needs Groups There are approximately 340,000 residents in Anaheim as of 2012. Anaheim has grown about 4.8 percent since 2000, which is lower than the overall County’s growth rate. Mr. Barquist noted that the information from DOF (Department of Finance) is a projection based on the 2010 Census benchmark. Committee Member Henninger asked why Anaheim’s growth rate in the past years was higher than the overall County’s. Ms. Lieberman responded that a number of factors contribute to growth including housing availability and employment opportunities. Ms. Lieberman said that between 2000 and 2010, the retirement age and senior citizen age groups have grown. Between 2000 and 2010, the Hispanic population has grown, along with the Asian/Pacific Islander population and the Black/African American population. Committee Member Buffa asked why race and ethnicity are important to the Housing Element. Mr. Barquist responded that the State requires the Housing Element to look at race and ethnicity. Also, there may be some housing preferences related to race and culture including multiple generations living in the same household. He provided the example of Amerige Heights in Fullerton that has houses with granny units/second units that accommodate families with multiple generations living together. Committee Member Buffa commented that discussing household size would be more appropriate than discussing race/ethnicity. Committee Member Abdulrahman asked if the information provided is tied to income. Mr. Barquist responded that the information on race/ethnicity provided is not tied to income, but could be drilled down to that level from the Census data. Mr. Henninger asked where the Middle Eastern population is categorized in the race/ethnicity data. He noted that there is a growing Middle Eastern population in the City, many of which are refugees. Ms. Lieberman noted that the Census is self-reported and that people of Middle Eastern descent may choose to report themselves in the “Other” category. Mr. Henninger commented that there does not seem to be a way to understand the Middle Eastern population through just looking at race in the Census data. Mr. Barquist commented that there would have to be a separate data analysis for this. Mr. Abdulrahman commented that most would likely choose to report themselves in the “White” category. Ms. Lieberman said there are about 98,000 households in Anaheim. The average persons per household is about 3.41, which is higher than the overall County average of 3.04. About 53.7 percent are renter-occupied and 46.3 percent are owner-occupied. The vacancy rate as of 2011 is about 5.5 percent. Mr. Barquist noted that about 5 percent is a healthy vacancy rate. Lower than 5 percent has an upward push on housing price and vice versa. 3 Ms. Lieberman showed a slide showing the industries employing the most Anaheim residents. Manufacturing moved from being the industry employing the most Anaheim residents in 2000 to being the second highest. Education services, health care and social services employ the most residents as of 2011. Committee Member Buffa asked about the significance in looking at employment data when every person needs housing, regardless of where they are employed. Mr. Barquist responded that it is required to be included in the Housing Element analysis under State law. The employment data also provides information on what industries to look at if trying to provide housing close to employment opportunities. Committee Member McCafferty asked what category the Disneyland employees would be in. Ms. Lieberman responded that they would likely be in the “retail trade” and “arts, entertainment, and recreation, and accommodation and food services” categories. Ms. Lieberman said that the unemployment rate as of 2011 was 11.1 percent. The median income for owner-occupied households was $83,159 and $37,428 for renter-occupied households. The overall median income was about $54,000, and lower than the overall County median income. Committee Member O’Brien asked what the change was income level since 2000. Ms. Lieberman responded that the overall median income in 2000 was $47,000. The owner households’ median income was about $66,000 and the renter households’ median income was $34,000. Ms. Lieberman presented information about the physical housing stock in the City. She noted that houses over 30 years old are those that are more likely to see deferred maintenance issues or be in need of rehabilitation. Approximately 70 percent of the houses in Anaheim were constructed prior to 1980. Approximately 2 percent were constructed prior to 1939. These are likely to be historic homes that have had some sort of rehabilitation. The median sales price in Anaheim as of November 2012 was $373,000 and the median rent was $1,365. Committee Member McCafferty commented that the number of homes constructed prior to 1980 is significant and there should be discussion on policy regarding how to maintain and preserve that older housing. Mr. Borrego commented that the housing age would be very similar to other areas in Central and North Orange County and that looking at ways in which other cities have addressed older housing stock could provide ideas for Anaheim’s Housing Element. Committee Member Henninger commented that looking at older Los Angeles County cities, such as Lakewood, and how they have addressed their aging housing stock will be beneficial since they have been addressing the issue for years. Ms. Lieberman provided information about overypayment (paying more than 30 percent of the gross income towards housing) and overcrowding (having more than 1 person per room). About 87 percent of owner-occupied households and 63 percent of renter-occupied households are experiencing overpayment. Overpayment is more prevalent in lower-income renter households and moderate/above moderate-income owner households. She noted that people who own their houses may be willing to pay more than 30 percent of their income towards housing in exchange for a potential return on the investment. Over 7 percent of owner-occupied households and over 25 percent of renter-occupied households are overcrowded. Committee Member Buffa commented that in an area such as Orange County where home prices and salaries are higher than in other parts of the country, there is almost an expectation that a person would pay more than 30 percent of the income towards housing. The concerns about overpayment are more relevant for lower-income households, not households that have a larger amount of discretionary income. Committee Member Henninger noted that many households are paying more for housing because they consider it an investment. Committee Member O’Brien asked if the amount was pre-tax or after tax. 4 Ms. Lieberman responded that it is pre-tax. Mr. Barquist commented that qualification standards for home loans have changed over the last few years. Committee Member Abdulrahman asked if the information about overpayment and overcrowding could be broken down to show the differences in the different parts of the City and the differences in the needs. Mr. Barquist responded that some information is available at the Census tract level, but it is time consuming to do that. It could be done if it is instructive to the Committee. Mr. Borrego said that Staff could potentially do a sampling of the Census tracts to have an understanding of the needs in the various geographic areas. Ms. Lieberman commented that some of the data is not available at the tract level, but there may be specific tables where it would be helpful to break the data up. Committee Member Henninger asked how overpayment changed over the past few years and if change in employment has caused households that were paying less than 30 percent of their income to now paying a higher percentage. Ms. Lieberman said that the data in the current Housing Element shows overpayment as of 2007. About 27 percent of the owner- occupied households and 26 percent of the renter-occupied households were experiencing overpayment. Committee Member Henninger commented that over the next planning period the overpayment numbers may go down as jobs pick up. Committee Member Abdulrahman asked if this data is used to project what is going to be happening in the future and commented that using data from 2010 to project for 2020 could be misleading. Mr. Barquist responded that the State does projections. There are some economic projections done by other parties. However, projections done a few years ago were not close to what actually happened with the economic downturn. Committee Member McCafferty commented that renters often cannot choose how much of their income goes towards housing and when rents increase they compensate by living with multiple families in one unit. The focus should be on these households. Ms. Lieberman presented a slide with the RHNA allocations. Mr. Barquist noted that the median family income (MFI) will change every year based on the economy. Committee Member Buffa asked if there is somewhere in the document that shows what the affordable housing prices are for each income category assuming 30 percent of a household income goes to housing. Mr. Barquist responded that table 1-29 shows the affordable payment and purchase price would be, based on the 2012 MFI. Committee Member Buffa commented that higher income households may choose to pay more for housing and that while the RHNA numbers allocate a certain amount to each income level, buyers may not want to actually buy in the corresponding price ranges. Ms. Lieberman provided information on the five special needs groups required to be analyzed by the State- elderly, large households, homeless, farmworkers and female- headed households. Elderly (age 65 years and older) comprise about 9 percent of Anaheim residents. About 35 percent of the elderly have a disability. Median income is about $33,000. About 68 percent of elderly renter households and 32 percent of elderly owner households experience overpayment. Committee Member Richardson commented that there may be differences in the different areas in Anaheim. In West Anaheim there are many elderly persons and this may lead to more rentals because the homes will be left to trusts. Committee Member Buffa asked if there is a link between the age of the housing stock and age of the owner. She commented that there are likely many household built prior to 1970 that are lived in by the original owners. 5 Committee Member Abdulrahman asked if the income considers both persons in the workforce and those receiving governmental assistance. Ms. Lieberman said it includes both. Committee Member Henninger asked if there is information on what a person’s assets are because an elderly person with savings is able to spend more on housing than one who is only receiving Social Security. Ms. Lieberman said that the Census does not ask for that information from people. Ms. Lieberman provided information on Large Households (5 or more person). About 21.8 percent of Anaheim households have 5 or more persons. About 58 percent of renter households and 26 percent of owner households experience overpayment. About 88 percent renter households and 64 percent of owner household have “any housing problems”. This is defined by HUD as overpayment, overcrowding, or lacking complete kitchen or plumbing facilities. Committee Member Richardson commented that there are a lot of households that have even more than 5 persons. Mr. Barquist noted that the Housing Element has information for households with 7 or more persons per household. Approximately 7,000 households in Anaheim have 7 or more persons (Table 1-11). The numbers of large households have increased since 2000. Ms. Lieberman provided information on Female-Headed Households. The State requires the Housing Element to look at Female-Headed Households because they have historically had the highest incidence of poverty. About 16 percent of Anaheim households are female- headed and about 13 percent are living below poverty level. Committee Member Henninger asked if female-headed households are defined as not having an adult male living in the house. Ms. Lieberman responded yes, that the information provided excludes female- headed households with an adult male present. Committee Member O’Brien asked what the city-wide percent of persons living below poverty level is and if female-headed households in Anaheim are more likely to be below the poverty level. Ms. Lieberman said that the consultant will add the information to the Housing Element. Ms. Lieberman showed information on Persons with Disabilities. About 1.8 percent of residents between ages of 5 and 17 have a disability and 6.1 percent of residents between ages of 18 and 64 have a disability. A new requirement of Housing Elements is to look at the needs of persons with developmental disabilities. According to the Regional Center of Orange County, 2,454 Anaheim residents have a developmental disability. The majority are age 23 to 54. Committee Member Richardson commented that there is a growing number of elderly in the City that need to move out of their homes into assisted living-type facilities and asked if there is enough of that type of housing in the City to meet the need. Mr. Barquist commented that the draft Housing Element includes numbers and percentages of elderly with disabilities including self -care disabilities. Committee Member Richardson asked if there has been an increase in the number with disabilities over time. Ms. Lieberman answered that the numbers have actually decreased from 2000 to 2011. Committee Member Henninger asked if it was a decrease in percentage or a decrease in absolute numbers. Mr. Barquist responded that it was a decrease in persons by about 300. Ms. Lieberman said that farmworkers comprise less than 1 percent of the City’s workforce. It is assumed that these people are in or looking for permanent housing and not traditional farmworker housing because there are no large seasonal fluctuations in farming in Anaheim. Mr. Barquist commented that this different from a large agricultural community like Salinas where farmworkers would come in to live in the city for just part of the year. 6 Ms. Lieberman provided information on homeless persons from the 2011 County count. The count found 207 sheltered homeless in Anaheim and 743 unsheltered homeless. This does not include people living in motels. The preliminary data for 2013 shows the number of homeless County-wide has gone down. Committee Member Richardson said she has not seen a decline in West Anaheim and said that many of the parks have many homeless and many motel families. She said that West Anaheim needs attention on this issue. Committee Member Abdulrahman agreed. Committee Member Henninger said that addressing motel families is important for Anaheim, both as homeless persons and also as persons in inappropriate housing. Committee Member Richardson said that the hotels need to be cleaned up and be held accountable. Mr. Borrego said that this could be a part of the policy program discussion. Committee Member McCafferty noted that the City has tried to have the hotels clean up, but the tenants at the time were concerned with being kicked out of the only housing available to them. Committee Member Richardson said addressing homeless in parks is important, maybe through building a place especially for them. Committee Member Leos said that this would lead to NIMBY-ism and residents not wanting a homeless shelter near them. He said the Housing Element may not be able to address all of these things as they are politically challenging. Committee Member Henninger said he agreed to some extent, but that the Housing Element should report the City’s issues related to homelessness and motel families. Committee Member Buffa asked for the definitions of population group quarters and homeless and asked if the motel families are captured in any of these groups. Ms. Lieberman answered that information comes from the Census and motel families do not necessary receive the Census questionnaire. Committee Member Buffa said that a count of persons living in motels is needed. Mr. Borrego said that Staff has made contact with the task force that works with motel families and the task force has said they do not have a count. Committee Member Buffa said that qualitative information could be provided. Ms. Stepter commented that the City works with service providers that could provide anecdotal information. She also said there is difference between motel families who are typically “working poor” families with children and homeless in the parks that are mainly single and couple adults. She said that the Community Services Department is proposing a pilot program to provide storage bins to homeless to store their belongings while they go to a shelter or service provider. Mr. Borrego said that the City identified zones where a homeless shelter could be located as a matter of right as part of implementing the current Housing Element under SB 2. The ordinance includes detailed operational and development standards. Since the ordinance has been adopted, there have not been any service providers that have approached the City about opening a new shelter. There is a shelter being proposed in Fullerton close to the Anaheim border. Committee Member McCafferty said it is not a political issue to identify the homeless/motel family need and the information is needed to help make recommendations for policy. Committee Member Abdulrahman asked if the Census includes illegal immigrants. Committee Member Henninger said that they receive the Census questionnaire. Mr. Borrego said that the Census does not make a distinction between legal residents and illegal residents. Mr. Barquist said it is possible that illegal immigrants could possibly be counted in the Census, but cannot assume that they are captured. Ms. Lieberman commented that a household with illegal immigrants may choose to report on less than the true number of persons living in the house. 7 Committee Member Henninger asked if the information on vacancies for rental and housing unit sizes could be matched up. The information may help make decisions on what constraints and resources are. Ms. Lieberman responded that the information is not available through the Census or Department of Finance. Committee Member Henninger asked if there was another way to get the information, maybe through a sampling of apartments throughout the City. Mr. Barquist said this could be done, but time and money would need to be spent to complete a survey. Committee Member Henninger said it would useful. Committee Member Buffa noted Table 1-17 had errors in the number additions and percentages. She asked if the location and unit type of those summarized in Table 1-23 (units lacking plumbing and kitchen) were known. Ms. Lieberman said they do not include a converted garage because those units would be part of the main house. Committee Member Buffa asked if code enforcement data could be connected to this. Mr. Borrego said that Staff has created maps of where code enforcement calls for service occurred over time. Mr. Nogal said the maps could be shown at the next Committee meeting. Mr. Borrego said the self-reported numbers through the Census are probably not as helpful as the City’s code enforcement data. Committee Member Buffa asked if plumbing/kitchen data must be reported. Mr. Barquist said that it is required and noted that in the current Housing Element there were questions about the usefulness of the information as well. Committee Member Richardson asked if the information should be broken out into motels, etc. Committee Member Buffa commented that “single-parent” households have the same issues as female-headed households and that poverty is the determining factor, not gender. Committee Member Henninger noted that he emailed a list of comments to Staff and provided them for any other Committee Member or the public to look at. Committee Member Buffa commented that she marked typos and formatting issues. Mr. Barquist said that the Committee does not need to focus on formatting and staff would like the Committee to focus on overarching policy discussions. Committee Member Abdulrahman asked if the Committee will see the final version. Ms. Lieberman said, yes, it will. Mr. Barquist said additional information on motel families, etc. and updated data will be provided if available. Ms. Lieberman provided an overview of the contents of Chapter 3: Resources and Constraints Analysis. The State requires these topics to be analyzed. Constraints are the potential constraints to housing. Governmental are the things the City has more control over. Non-governmental includes things that the City does not necessarily have control over. The chapter includes the following topics: • Governmental Constraints/Resources  Land Use Controls including General Plan land use, zoning, parking requirements, open space requirements  Density Bonus Ordinance. The City’s density bonus provides for more than the State-required density bonus, focused on rental housing.  Provision of a Variety of Housing Types (emergency shelters, transitional housing, housing for persons with disabilities, etc.) 8  Building Codes and Enforcement  Development Fees, including a comparison between Anaheim and neighboring jurisdictions  Processing and Procedures  Environmental and Infrastructure including seismic, flooding and other factors  CDBG and HOME Funds  Developer Incentives  On and Off-Site Improvement Requirements including street ROW, dedications, and other requirements for subdivisions • Non-Governmental Constraints/Resources  Land Prices  Construction Costs  Financing  Energy Conservation including incentives and promotion Committee Member Abdulrahman commented that energy conservation could be considered a governmental factor since it is a function of some City programs. Ms. Lieberman said it could be moved to that section. Committee Member Henninger said that Chapter reads as if there are no constraints and everything is a resource. He gave an example of unit size requirements that may drive up housing costs because of construction costs per square foot. The language may not be accurate and should be looked at in detail. Mr. Borrego said that almost everything could be considered a constraint, but at what point should the City address it as an issue? He said that generally developers say Anaheim is a good place to do business and the fees and processes are reasonable. He would like to identify constraints that really stand out as a red flag and should be addressed in comparison to other cities. Committee Member Henninger said that more units could be built if some of the zoning standards were not in place, which increases supply and drives down cost. Mr. Borrego asked that the Committee identify those barriers and constraints that appear to be significant. Mr. Barquist said that there may not need to be a policy to address every constraint or resource. Identifying the constraints may be difficult when there are many layers of development standards and incentives and may be different for each project. He said a summary of the key things to think about could be provided at the front end. Committee Member Richardson commented that without parking requirements there would be more overflow into the neighborhoods. Committee Member Henninger said that there does not have to be a change for every factor, but that the constraints should be clearly identified. Committee Member McCafferty said he would like to see a comparison to other cities in Orange County to see if Anaheim is competitive. He said that the BIA would likely tell the City if the standards were not competitive. He thinks Anaheim is more developer-focused than other cities. 9 Committee Member Buffa said the approach should include discussion about how/why the City chooses to have standards that may affect the cost of housing and that it is a factor that should be acknowledged and considered. Committee Member Buffa noted that on page 3-2 the numbers do not add up. She also commented that on page 3-32 would be a good place to address motel families. Committee Member McCafferty said that aging infrastructure is a large constraint to housing development. Mr. Borrego said that Chapter 3 will be revised to have a better discussion of constraints versus opportunities and have a different introduction. In response to a question by Committee Member McCafferty, Mr. Borrego said that a Public Works staff member could present to discuss the City’s Capital Improvement Program and infrastructure deficiencies mapping at the next Committee meeting. Committee Member Henninger asked that a redline-strikeout version of the revised chapters be provided. • Public Comments No members of the public present. • Agenda Forecast The Committee decided to hold the next meeting of the Ad Hoc Committee on July 30th, 2013. • Adjournment Mr. Barquist adjourned the meeting at 7:50 pm. 1 Anaheim Housing Element Ad Hoc Committee Minutes Tuesday, July 30, 2013 6:00 P.M. City Hall - Helena Room 200 S. Anaheim Blvd. Anaheim, California A regular meeting of the Anaheim Housing Element Ad Hoc Committee was held on Tuesday, July 30, 2013 at 6:00 pm at City Hall, 200 S. Anaheim Blvd. • Call to Order The meeting was called to order by Mr. David Barquist at 6:06 pm. Present: Abdulmageed (AB) Abdulrahman, Kelly Buffa, Phyllis Greenberg, Grant Henninger, Je’net Kreitner, Greg McCafferty, John O’Brien, and Kandis Richardson Absent: Mike Balsamo, John Leos Staff Present: Principal Planner Jonathan Borrego, Associate Planner Andy Nogal, and Housing Programs Manager Grace Stepter Consultant Present: David Barquist and Michelle Lieberman. • Approval of Minutes for the Meeting of June 19, 2013 Motion by Henninger, second by AB. Passed as presented • Discussion Items 1. Review of Housing Element Background Report Supplemental Information Staff and the consultant team provided additional background information in response to questions the Committee had during the previous meeting. Mr. Barquist indicated that more information on motel families will be provided by staff at the next Committee meeting. Principal Planner Borrego provided information on overpayment based on sampling of Census tracks in different parts of the City (west, east and central). There were some similarities across the City. In Anaheim Hills, approximately 45 percent of the households are experiencing overpayment. In west Anaheim overpayment rates are in the low 50 percent range. In central Anaheim, between 50 and 60 percent of households are experiencing overpayment. It appears that generally areas with lower incomes have higher rates of overpayment. 2 Mr. Barquist provided information about substandard housing and code enforcement service calls in the city. There were 5,223 housing related complaints from June 2011 to June 2013. Heat maps showing the number of complaints were provided to the Committee members and shown on the screen. There were more complaints in the west and central parts of the City than the east. Principal Planner Borrego noted that many of the hotspots correlate to higher density neighborhoods built with apartments. He explained that City has identified Level 1 through 4 neighborhoods. Level 4 neighborhoods have the most signs of physical decay. Committee Member Henninger asked if there were any hotspot areas that are not already part of a priority or Level 4 neighborhood in the City. Principal Planner Borrego responded yes. He gave the example of a neighborhood on the west side of Euclid, north of I-5, that had high level of service calls, but is not a Level 3 or 4 neighborhood. Committee Member Henninger asked when the priority neighborhoods survey was conducted. Principal Planner Borrego responded that it was conducted about 10 years ago. Committee Member Abdulrahman asked if the hotspots correlate to age of housing. Principal Planner Borrego responded yes. Committee Member Henninger commented the hotspots seem to include some of the City’s older neighborhoods, but not the oldest neighborhoods that have likely been rehabilitated already. Ms. Lieberman provided information from the BIA Development Fee Survey for 2011- 2012. A comparison of the fees in Anaheim, Irvine, Newport Beach and Brea was shown. Mr. Victor Cao from the BIA Orange County provided an additional comparison that was recently conducted for the City of Irvine. He also said that an 8 percent hourly rate increase is expected to be adopted by the City of Anaheim. The BIA has been in discussions with the City about the rate increase and understands that the rate increase is going to be used to have staffing available to keep up with the level of development and provide the same level of customer service that Anaheim has historically provided. 2. Initial Review of Housing Element Policy Program Mr. Barquist explained that City staff and the consultants are working on drafting edits to the existing policies based on available funding and other resources. Those recommended changes to the policy program will be provided at the next Committee meeting. Mr. Barquist asked that the Committee provide additional information tonight about some of the items brought up for additional consideration by the Committee during prior meetings. For each topic, the Committee was asked to discuss and provide direction what the context is around the topic, what is the desired end state or objective, and what are the potential strategies and techniques for addressing the issue. 3 Rehabilitation and Preservation of Older Housing Stock Committee Member McCafferty said he wants the City to prevent more code enforcement hotspots. He is starting to see some neighborhoods “fray around the edges” and wants to focus on these areas where redevelopment is not going to occur to prevent the neighborhoods from further deterioration. Committee Member Buffa commented that the City can use code enforcement as a tool for this and also may be able to recoup the cost. Committee Member Greenberg said she is concerned about large homes being subdivided into multiple units. She would like to see new development respect the character of the existing neighborhood. Committee Member Kreitner said the City needs to address the housing shortage while being careful not to discourage multi-generational families living together. Her organization encourages extended families to live together to deal with cost and availability issues. She noted that it is hard to police multiple families living in one house. Committee Member Greenberg said multiple people living in the same house is not the issue as much as a single family house being divided into multiple separate dwelling units. Committee Member O’Brien said the granny flat concept and other zoning incentives are key to providing economic incentives to homeowner or developer to rehab a home and add unit. Committee Member McCafferty said the City must allow granny flats/second units under state law. Property owners should be required to comply with housing codes and make sure the building is maintained. Committee Member Buffa said the situation is allowing multi-family uses in a single family zone. Mr. Barquist commented that the Committee appears to want the policy to focus on how the neighborhood feels and the quality of the neighborhood. Committee Member Henninger commented that both the condition of individual units and the feeling of community/neighborhood should be included. He suggested that if there are neighborhoods with properties that are already becoming more multifamily in nature that the entire neighborhood be encouraged to transition to multifamily. Committee Member Richardson commented that parking will be an issue if this happens. Committee Member McCafferty said this may create spillover into the community. He would like to see exterior maintenance, enforcing building and zoning, and proactive code enforcement. Principal Planner Borrego said the City has flexible second unit guidelines in the Zoning Code right now. The largest limitation on second units is infrastructure availability in 4 some areas of the City. Second units are also required to provide an additional parking space. Committee Member Richardson expressed concern about garage conversions. Principal Planner Borrego responded that garage conversions are not allowed and it is a comment code enforcement complaint. Committee Member Henninger commented that the use of garages for storage causes parking problems. He also commented that often the parkways are not irrigated or maintained and make the neighborhood look run down. Principal Planner Borrego responded that the homeowner is responsible for maintaining the parkways. He said that the City recently amended the Municipal Code to include clear requirements for maintaining parkways which will allow code enforcement to more effectively act on these cases. Committee Member Kreitner commented that unmaintained front yards are also a problem and a deterrent from renting/owning in a neighborhood. Principal Planner Borrego responded that homeowners are required to maintain landscaping per the Municipal Code. The level of code enforcement is often determined by the amount of resources provided by City Council. The current City Council is providing more resources to code enforcement than in the past. Committee Member Richardson commented that many people are not aware of code enforcement or how to submit a complaint. Committee Member McCafferty suggested having a standard reminder flyer that code enforcement can post on doors of homes with maintenance issues so that a formal case does not have to be opened. Principal Planner Borrego said the City takes a cooperative approach with the property owners for code enforcement. Committee Member Abdulrahman asked about commercial trucks parking in residential neighborhoods overnight. Principal Planner Borrego said there is a size/weight limit to trucks that can park in residential neighborhoods. Mr. Barquist asked if there were any comments from the Committee about resources for code enforcement, understanding that the City can be proactive and the community can also contribute. Committee Member Buffa commented that some of the older HOA’s in the City do not have much control over architectural issues and not a lot of authority to enforce standards. 5 Committee Member Greenberg suggested a statement be made about not allowing “McMansions” to change the character of the neighborhood and that the Planning Commission should be responsible for not allowing deviation. Principal Planner Borrego responded that many of the large houses do not require Planning Commission review/action and that the City does not have design guidelines that would cover these issues. Committee Member O’Brien suggested ways to educate people about code enforcement should be considered. For rehabilitation and preservation housing, neighborhoods or older units could be identified and be eligible for permit relief or other incentives. Mr. Cao commented that the City of Tustin had a very successful permit relief program. Committee Member Buffa commented that Anaheim had a similar program in the past. Committee Member Henninger suggested looking at what other Post-War cities have done to address aging housing. Committee Member McCafferty suggested the policy should be multi-faceted and include code enforcement, targeted incentives, and targeting certain neighborhoods first to maximize the effect in a shorter period of time. Committee Member Richardson agreed with Committee Member McCafferty. Committee Member Henninger commented that the list of priority neighborhoods should be updated. Motel Families Mr. Barquist commented that the current Housing Element does not address motel families and motel families were not a large discussion item in the last Housing Element update. Committee Member Richardson suggested having the Illumination Foundation speak to the Committee and provide guidance on the topic. Committee Member Kreitner commented that her organization has been working with motel families for several years. May motel families are in need of help with move-in costs and credit repair to move into permanent housing. Disney has recently approached the organization to understand who is living the motels. She noted that the City has just released a RFP for case management to help motel families move into permanent housing. Committee Member McCafferty asked what the makeup of a typical motel family is. Committee Member Kreitner said they usually start as a 2-parent household and many times evolve into a single-parent household. Families often move to campgrounds in the summer, but new enforcement levels at campgrounds have prevented that this year. Substance abuse generally occurs with single (non-family) motel occupants. Some 6 families have been in motels for as long as five years. The cost to “rent” a motel room is about the same as the cost of an apartment, but food costs can be higher since there are no kitchens to cook in. Committee Member McCafferty asked if income in an ongoing issue once a motel family is established in permanent housing. Committee Member Kreitner responded that about 30 percent of motel families could be placed in permanent housing if helped with security deposit and dealing with eviction issues. The organization follows the families on a quarterly basis for a year to make sure income is not an issue. Committee Member McCafferty commented that the market has not filled the gap for this type of housing needed. Committee Member Kreitner commented that rapid rehousing is a fairly new model. HUD is focusing on getting people out of transitional housing within 9 to 12 months and is moving down to getting people out in 30 days, but some people may need longer to become established. Committee Member Greenberg commented that some motels are taking advantage of families by not providing appropriate facilities and asked how enforcement could be done. Committee Member Kreitner suggested “family motels” be required to have one room dedicated to support services. She gave the example of the El Dorado and Valencia motels as being model facilities. Committee Member Greenberg asked what kind of requirements for kitchens, etc. are motels held to. Housing Programs Manager Stepter said motels are not considered housing providers, but a business. She commented that police have limited enforcement ability. She said that the City has some federal ESG money to provide to agencies for rapid rehousing and rental assistance. The goal of the program is to help 20 to 45 families. Committee Member Richardson asked if there will be monitoring of the recipients of this fund. Housing Programs Manager Stepter said the families are required to receive supportive services, document income every three months, and abide by house rules. Principal Planner Borrego said the City is looking at changing ordinances for motel operations. He asked if there enough service providers available if motels would be required to provide space for on-site supportive services. Committee Member Kreitner said there are many service providers including small, faith- based providers that would be interested. She suggested that he City pay for the room for supportive services at each motel for a year. 7 Committee Member Greenberg commented that providing a space for services is not enough, but that the City should consider if the rest of the motel is an appropriate place for people to live. Committee Member Henninger commented that a motel will never be a quality living environment. Committee Member Greenberg expressed concern about crime in motels. Committee Member Richardson said the new ordinance would address all motels and include security requirements and things like requiring parking permits. Committee Member McCafferty said having on-site services is a good idea because the non-profit provider can be the eyes on the site for the City, including police. He also commented that families should be getting out of motels into permanent housing as quickly as possible. He said that the ordinance should also not give the motels opportunity to transition to being used as housing if they are not already. Committee Member Henninger asked if the City can do anything to encourage apartment owners to take in motel families by loosening requirements for credit and background checks. Housing Programs Manager Stepter said the City has had discussions with affordable housing providers regarding this idea but with little success. Committee Member Buffa said the City should not be involved in trying to get property owners to accept motel families and that private and faith-based organizations should be taking on that role. Committee Member Henninger asked for clarification on the difference between having a public agency help people maintain their home through funding programs versus assisting families get into apartments. Committee Member Buffa responded that the public agency’s role should be focused on citing code violations. Committee member Henninger asked if there were incentives that could be provided to apartment owners to encourage them to accept the financial risk of allowing a motel family to move in. Committee Member Kreitner said there would have to be financial incentives or a guarantee that someone would pay the rent if the tenant could. Committee Member Buffa commented that the Housing Element should acknowledge that motels have become defacto transitional housing, but motels also help bridge the gap when people do not have other options. Committee Member Kreitner agreed and also suggested the City look at designating some motels as “family motels” that are safe environments. 8 Committee Member Richardson stressed the importance of having the pending ordinance for motels adopted. Committee Member Buffa commented that motels need to be recognized as businesses, not housing providers. Committee Member Greenberg asked for clarification on the purpose of the discussion and the Committee’s role in drafting new policy. Mr. Barquist responded that the Housing Element provides the framework to define and solve issues, but the Committee does not need to actually come up with the solutions tonight. The Committee should provide input on overarching direction and the policies will consider available resources and participation by the City and other agencies. Committee Member Henninger suggested that the Housing Element define the problem as families using motels as transitional housing. Committee Member Kreitner added that part of the problem is that the motel families are not connected to supportive services, which would help reduce the length of homelessness. Committee Member Henninger summarized that the policy should focus on moving motel families to appropriate permanent housing and providing better alternatives for people who would otherwise move in to motels. After a short recess, Mr. Barquist commented that the Committee will discuss infrastructure at the next meeting and that proactive code enforcement was already addressed in the first topic discussion. Homelessness Committee Member McCafferty commented that homelessness seems to be a smaller issue compared to the other needs throughout the City. Committee Member Kreitner commented that the homeless Point-in-Time Count is not accurate and that rain on the day that counts were taken skewed this year’s results. She said that the count showed a decrease in homelessness Countywide, but they know that is not true. Committee Member Henninger commented that people he has spoken to are noticing more homeless because the homeless are congregating more in concentrated areas, usually where services and meals are provide. Committee Member McCafferty agreed that concentrated services attract more homeless people to that spot. Principal Planner Borrego said that the City established by-right zoning for homeless shelters under requirements of SB 2. Many complaints about homeless shelters are regarding loitering, but the City’s ordinance requires a shelter to be open 24 hours a day and have supportive services to prevent loitering. The City put the zoning in place on a 9 large amount of land and worked with service providers to make sure the ordinance worked for them. Committee Member Kreitner asked to see a map of the areas that are zoned to permit emergency shelters by-right. Principal Planner Borrego said he will email a map to the group. Committee Member McCafferty said it sounds like the City has taken all the appropriate steps regards to homelessness and shelters. Committee Member Henninger commented that no shelter has been proposed in Anaheim even though land is zoned for it. Committee Member Kreitner said there are many steps to open a shelter and it will take time and money. Housing Programs Manger Stepter said that the County has identified general fund money to develop a shelter, but it will serve the larger homeless population. Committee Member McCafferty asked if there tend to be differences between a motel family and a homeless person/family. Committee Member Kreitner said some homeless persons choose to live on the street as a lifestyle and are not willing to take supportive services. Committee Member Richardson said some homeless persons like living in the parks. Committee Member Kreitner said that the Housing Element should support the efforts of non-profits that propose shelters. Housing Programs Manager Stepter said that the City is developing a pilot program for storage of belongings for homeless persons in the parks. The program will also look at coordinating meals and steering people to supportive services. Mr. Cao said that the BIA is involved with the issue through its sister organization HomeAID. He said that they agree with Committee Member Kreitner that the Point-in- Time count is inaccurate. He also stated that a small percentage of the Orange County homeless population is chronically homeless. He also said that 60 to 70 percent of the homeless are families. Committee Member Kreitner commented that motel families become homeless for a couple weeks of the year. Mr. Barquist summarized the discussion and said the policy will include coordination and monitoring. Committee Member Kreitner asked if there could be a policy stating the City’s intention to support the building of an emergency shelter. Mr. Barquist responded that it would be something that the City Council would decide. 10 Committee Member Buffa said that “support” would need to be defined. Committee Member Kreitner clarified that support would mean support another provider to come in and develop the shelter. Principal Planner Borrego said the current zoning allows for by-right development of a shelter with up to 50 beds. There is no requirement for a public hearing. Committee Member Henninger commented that the areas permitting shelters are all industrial areas that may not have access to public transit, restaurants, grocery stores, medical clinics and other services that support quality of life. The areas zoned also limit the City’s ability to provide support though Housing Authority-owned land. Principal Planner Borrego commented that the City did look at proximity to transportation when identifying the areas to ensure the homeless had access to services which may not exist in a industrial area. Committee Member Kreitner said transportation in close proximity to the shelter is key. Medical services and food could be brought in. She raised concerns about lighting and unsafe street crossings from transit stops to the facilities in industrial areas. She suggested the policy consider City support for improving these conditions with crosswalks and lights in the public right-of-way. Principal Planner Borrego said the goal is to present the draft policy program to the City Council on August 20th. Staff will come back to the group with a final draft of the full Housing Element before it goes to HCD. Persons with Developmental Disabilities Housing Programs Manager Stepter noted that there are three developments for the developmentally in the City. The City participated by adding Section 8 vouchers/funding to the units. Committee Member McCafferty recommended stating a policy to continue existing programs. Housing Programs Manger Stepter commented that funds for the construction of the units are not available with the elimination of Redevelopment. Committee Member Henninger commented that the Diamond Aisle project used other funds besides RDA funds and that the Housing Authority has land it could provide. Committee Member Buffa suggested that the Housing Element note the use of RDA funds is not available although they were dependent upon in the past. She also commented that the City’s Zoning Code allows for group homes that serve disabled populations. 11 Employer Contribution to Workforce Housing Mr. Barquist commented that policy might be to engage employers in identifying how they can participate in providing housing for their workers. Committee Member Richardson asked if the City was giving funds to house some employees at CIM. Associate Planner Nogal said there was a program for rental assistance at one time but unsure of its current status. Committee Member Kreitner asked if the policy would be looking at employers giving funds to their employees or giving funds to build new units. Mr. Barquist read the existing policy in the current Housing Element. Committee Member Kreitner said the policy sounds comprehensive but asked if there have been any results from it. Mr. Barquist responded there has been employer interest, but no commitments. Committee Member O’Brien said that the ability to form public-private partnerships has diminished since Redevelopment has been eliminated. He suggested it would be appropriate for employers to help their employees through vouchers or a matching plan, but it would not make sense to require businesses to pay for housing. This could result in driving business away. Committee Member McCafferty agreed with Committee Member O’Brien. Committee Member Henninger said he likes the existing language, but it could be strengthened. He suggested looking at the City of Irvine’s affordable housing trust fund. He also suggested looking at the transportation and environmental impacts of companies that provide low wage jobs where employees have to commute a long distance. Committee Member O’Brien commented that new development is already required to pay transportation impact fees. Committee Member McCafferty commented that personal choice also plays a part in where one lives. He noted that, in Irvine, it is easier to negotiate because there is one large primary landowner, where Anaheim has many more landowners. Committee Member Henninger suggested utilizing transportation fees to reduce the impacts by providing housing closer to jobs rather than mitigating the traffic impacts that encourage long distance commutes. Mr. Cao said that many impact fees are programed to mitigate specific impacts and it would be challenging to change this. He said that planning through SB 375 has looked at providing more housing through vertical growth in certain places. He also commented that Irvine encourages affordable housing units to be constructed before adding to the affordable housing trust fund. 12 Mr. Barquist summarized the Committee’s discussion and said the policy will be drafted to explore the issue and not suggest solutions right away. Committee members McCafferty, O’Brien and Buffa said a housing tax should not be explored. Committee member McCafferty said he would rather incentivize the development of housing. Committee Member Greenberg asked if there is a requirement for affordable housing for higher density projects Committee Member McCafferty responded no. Mr. Cao referenced a court case, Palmer v. Los Angeles that does not allow affordable units to be required of high density projects. Committee Member Buffa said the City provides density bonus incentives. Committee Member O’Brien said that many of the incentives/tools such as downpayment assistance have gone away with the elimination of redevelopment and the language in the Housing Element should reflect this challenge. Principal Planner Borrego commented that the City is seeing a slow, but steady stream of affordable units proposed by using density bonus incentives and tax credits. Committee Member Henninger asked that the Housing Element look at how to encourage developers to build more housing. Committee Member Kreitner asked about rental rates and housing prices and noted that she has seen a large increase recently. Committee Member Richardson said she has seen a leveling, but there are a lot of investors purchasing and renting out homes with high rents. Committee Member Abdulrahman asked if rent control was an option. Associate Planner Nogal said density bonus projects are required to have affordable units for 30 to 55 years, depending on the program. Mr. Barquist gave an example of where rent control might be applicable in another city with mobile home parks. He said that the Housing Element cannot necessarily solve rental rates as there are private market factors. Committee Member Greenberg stated that she is not in favor of rent control. Mr. Cao said that the BIA is creating a model ordinance for inclusionary housing and Committee Member Balsamo will provide that information when available. 13 Other Items Committee Member Abdulrahman asked if the Committee will discuss CEQA. Mr. Barquist said the CEQA process will be streamlined and there will not be an EIR. Principal Planner Borrego asked if there are other items the Committee would like staff to address in the draft policies. Committee Member Henninger asked that ideas for how to encourage development of more housing units be included. • Public Comments None. • Agenda Forecast The next regularly scheduled meeting will be held on August 5th at 6:00 pm in the same room. The Committee will continue discussing the Policy Program. • Adjournment Mr. Barquist adjourned the meeting at 8:47 pm. 1 Anaheim Housing Element Ad Hoc Committee Minutes Monday, August 5, 2013 6:00 P.M. City Hall - Helena Room 200 S. Anaheim Blvd. Anaheim, California A regular meeting of the Anaheim Housing Element Ad Hoc Committee was held on Monday, August 5, 2013 at 6:00 pm at City Hall, 200 S. Anaheim Blvd. • Call to Order The meeting was called to order by Mr. David Barquist at 6:07 pm. Present: Kelly Buffa, Phyllis Greenberg, Grant Henninger, Je’net Kreitner, John Leos, John O’Brien, and Kandis Richardson Absent: Abdulmageed (AB) Abdulrahman, Mike Balsamo, and Greg McCafferty Staff Present: Planning Director Sheri Vander Dussen, Principal Planner Jonathan Borrego, Associate Planner Andy Nogal, and Housing Programs Manager Grace Stepter, and Principal Engineer Raul Garcia Consultant Present: David Barquist and Michelle Lieberman. • Approval of Minutes for the Meeting of July 30, 2013 Committee Member Kreitner asked to clarify a comment recorded on page 9 of the minutes regarding motel families. Her comment should read motel families may become homeless a couple of weeks out of every month, instead of a couple weeks out of the year. Committee Member Henninger motioned to approve the minutes as amended. The motion was second by Committee Member Kreitner and carried. Committee Member Leos abstained. • Discussion Items 1. Review of Housing Element Background Report Supplemental Information Development Fees Planning Director Vander Dussen provided the Committee with additional information about how City’s hourly fee for planning and building plan check and permitting was derived. Each city can set its own fees. Some cities choose to subsidize the fees. Approximately five years ago, the City of Anaheim switched to full cost recovery and the fee was set at $181 per hour by the City Council. The fees cover employee salary and 2 overhead costs. There have not been any increases to the fees in the last five years, although costs have gone up. The City subsidizes $40,000 to $500,000 in fees every year from the General Fund. The proposed increase is not changing the planning fees. The proposed increase is eight percent for building plan check and inspection fees. The increase in fees will allow for an additional plans examiner and other positions to maintain levels of customer service. The City met with the BIA and developers to discuss the fees and have not received opposition. Committee Member Kreitner asked if there was a possibility for rate relief for non-profit organizations. Planning Director Vander Dussen said this has not happened yet, but the City Council could choose to do this. Committee Member Kreitner suggested looking in to rate relieve for non-profits seeking CUPs. Committee Member Henninger asked how often the City returns a portion of the deposit. Planning Director Vander Dussen said it depends on the application. CUPs without CEQA documents typically do not exceed the deposit amount while projects with more extensive outreach or CEQA documents usually require more than the initial deposit. Committee Member O’Brien commented that not being able to move deposit funds around between City departments from deposit leads to longer time and more paperwork for the developer. Planning Director Vander Dussen said the City can look at its practices in this area. Committee Member O’Brien noted that the City has provided good customer service for his company in the past. Homeless/Motel Families Mr. Barquist showed a map of the City’s emergency shelter opportunity areas. Principal Planner Borrego explained that the areas shown in green permit emergency shelters by- right. The areas shown in blue are industrial areas within 1,000 feet of a residential zone and shelters not permitted in these areas. Committee Member Leos commented that there are no green areas around La Palma/Imperial Highway. Principal Planner Borrego said these are industrial areas within 1,000 feet of residential zones. Committee Member Richardson noted that there is an area that permits shelters close to La Palma Park. Committee Member Leos asked if there is a shelter proposed in that area. Principal Planner Borrego responded that there was a shelter proposed near there, but in the City of Fullerton. The County has chosen not to proceed with plans for that shelter due to opposition. Infrastructure Principal Engineer Garcia gave a brief presentation on infrastructure deficiencies in the City. The Public Works Department deals with three types of deficiencies. The first are roadways related to traffic. In this case, the City requires roadway widening and dedications. The second type is storm drain deficiencies. New water quality requirements include containment on-site, but when a site is constrained and cannot infiltrate all of the runoff, the project is required to help offset the increased demand to the system. West Anaheim has the most storm drain constraints. The third type of deficiency is sewer. In the past, the City identified priority sties and generated funds 3 through bonds to upsize certain sewer lines. These projects are coming to an end. Looking forward, the City will look at where upgrades will have the biggest benefit. The sewer in Central Anaheim has operational deficiency with smaller, 100-year old sewer lines. There is also a capacity deficiency. Sewer impact fees help offset some of the cost for upgrades. West and Central Anaheim are generally sewer deficient, but East Anaheim is not. There are no deficiencies in terms of potable water and electricity. There are also constraints if the County does not upgrade the storm channels that it controls. Most of the sewage goes to the County sanitation district for processing, but the City is not aware of any constraints with the County sanitation facilities. Committee Member O’Brien suggested that the City research the means and methods to make funding available to upgrade infrastructure that serves the housing opportunity sites so that these sites are available without deficiencies. Principal Engineer Garcia said the City is updating its maps of deficiencies right now based on existing and ultimate buildout conditions. The burden will be on the developer if a project goes beyond buildout. The City identifies deficiencies based on computer models and also by monitoring actual sewer flows. The City also develops diversions to spread out the flow into the sewer system and help increase capacity. If an improvement is built by the developer, the developer is not charged the impact fee. Committee Member Leos asked if there are any areas that are critical or emergency cases. Principal Engineer Garcia said there are no emergency cases right now, but the City is careful about development in the Downtown/Central Anaheim area. Committee Member Richardson asked if the diversions are permanent. Principal Engineer Garcia responded yes. Committee Member Richardson asked if the apartment development on Ball Road in the unincorporated areas were required to provide infrastructure upgrades or did the City provide the upgrades. Principal Planner Garcia responded that if the area is serviced by the City, the County must get approval from the City before development occurs. The Ball Road apartments paid sewer impact fees. The storm drains in that area do not have any additional capacity and every project must retain its storm water on site. Committee Member Henninger asked if the City has limits for on-site stormwater retention. Principal Engineer Garcia responded that the City provides guidance and reviews the water quality management plan for each project. The most ideal place to retain water is on open land, but there is no open land available. Most sites infiltrate stormwater in the front yards. Some projects have done creative things like permeable concrete gutters, but this can impact existing utilities such as cable. 2. Review of Housing Element Policy Program Mr. Barquist and Principal Planner Borrego explained that Staff and the consultant will walk through the existing 2006-2014 policy program with the Committee and talk about whether each policy will potentially be removed or kept for the new policy program. Committee Member Henninger said that he would like to discuss how the City can increase the number of units being developed. He commented that while the City’s 4 zoning is generally good, it is hard to achieve the maximum densities due to parking requirements, landscape setbacks, and other requirements. Committee Member O’Brien commented that Anaheim’s setbacks are based on distance between primary, secondary, and tertiary sides of buildings. This occurs in other cities in California as well. His company has applied for a CUP to achieve compromises to the requirements in the zoning code. Committee Member Henninger provided an example, Diamond Aisle, where the site configuration and setback requirements made development difficult. Planning Director Vander Dussen said the City allows projects to modify the setbacks and other requirements through a CUP, instead of a variance. The CUP does not require the same level of findings that a variance does. Principal Planner Borrego gave an example of small lot single family homes where the traditional development standards do not fit with the lot sizes. The City has allowed modifications to the standards through a CUP instead of a variance. The CUP also allows the City to look at each project individually to see what is appropriate. Committee Member Leos asked if the CUP has been a good tool to use or if the process has been difficult. Committee Member O’Brien responded that his experience has been positive Committee Member Leos asked if there have been any examples of projects that were not able to be built because of the CUP requirements. Committee Member O’Brien responded that there have been some projects that have only been able to move forward because of the CUP process. Committee Member Henninger said the only possibility of the process preventing a development would be if the City would not allow use of the CUP. Principal Planner Borrego said he does not have any examples of projects that have not been developed because of the CUP. The City works closely with developers to resolve any issues. Committee Member Buffa commented that other cities require a specific plan to get same result. The specific plan is a longer and more expensive process. Committee Member O’Brien commented that the CUP process is more predictable. Committee Member Greenberg commented that West Anaheim has a lot of density no places for kids to play. She asked how this can be prevented. Principal Planner Borrego said this is addressed through development standards for open space/recreational space. Committee Member Leos commented that the City is becoming more cognizant of requiring open space and play areas in last few years. Principal Planner Borrego said in the late 80’s/early 90’s there was a push from the City Council to reduce permitted densities in Central and West Anaheim through downzoning. 5 Committee Member Leos commented that residents more willing speak up about projects now and ask for more open space and less density. Committee Member Buffa said upzoning has occurred in the Platinum Triangle where the infrastructure capacity allows for more density. Upzoning is a way to incentivize development and the market needs to catch up now. Committee Member Richardson commented that in West Anaheim higher density development has changed the dynamic of the area. She would like to see more homeownership. Committee Member Greenberg said young people are moving back to urban environments. She asked how Anaheim can develop an urban environment, but can also have places to interact, and schools and transportation. Mr. Barquist asked for a recommendation for policy related to the topic from the Committee. He summarized the Committee’s discussions into two topics. One about creating community and one about providing the private market the ability to achieve the most development. There were community design and sustainability in policy considerations in the 2006-2014 Housing Element. The policy regarding private market and incentives could be exploratory. Committee Member Leos suggested looking into providing new affordable housing in east Anaheim where infrastructure is available. Committee Member Henninger suggested looking at areas of the City where projects could get tax credits for funding. These would need access to transportation and would help spread out the affordable housing supply. Mr. Barquist suggested using the term “community infrastructure”. Committee Member Henninger suggested that the City include an objective to meet the RHNA needs for low, moderate and above moderate housing through development of market rate housing. Committee Member Buffa asked how the City would make this happen. Committee Member Henninger suggested reducing parking requirements for high density projects. Committee Member Buffa commented that it would be difficult to change lifestyles of residents to move away from having a car. Committee Member O’Brien said Anaheim can look to how mature cities have handled parking. Parking becomes more of a premium. He also commented that providing more parking is not a way to facilitate growth. Committee Member Richardson commented that Anaheim does not have the public transit to accommodate people who choose not to have a car. Principal Planner Borrego said the City has reduced parking standards in the Platinum Triangle. The City also looks at parking for mixed-use projects on a case-by-case basis. Affordable housing projects also get a break on parking based on the density bonus ordinance. 6 Committee Member Leos asked where kids will go to school in Platinum Triangle. There are no schools within walking distance. Mr. Barquist said there are existing policies in the Housing Element that discuss coordination, monitoring and developing techniques/tools to incentivize private development. He said that policy could be modified. After a short recess, Mr. Barquist reviewed he policy matrix with the Committee. The draft policy program will be shared with the Committee in advance of the next meeting. Housing Production Strategy 1A. Meet or Exceed the Production Goals for the Affordable Housing Strategic Plan Committee Member O’Brien how many units have been completed under the Affordable Housing Strategic Plan to date. Associate Planner Nogal said most of the projects have been completed and some are under development right now, including Cherry Orchard. The City Council updated the plan to allow for rehabilitation of units and affordable for-sale units. Committee Member O’Brien said the policy should include for-sale and mixed income developments and the objective should be updated to match the RHNA numbers. Principal Planner Borrego said the City can determine quantified objectives different from the RHNA numbers based on the City’s resources and market conditions. Mr. Barquist said Staff with come back at the next meeting with policy language for consideration. Housing Production Strategy 1C: Expedited Processing for Extremely Low, Very Low, Low and Moderate Income Housing Developments Committee Member Buffa suggested adding fee waivers and reductions for non-profit organizations to this policy. Principal Planner Borrego noted that staff will update target numbers for all of the policies based on funding availability. Housing Production Strategy 1I: Implementation of the Platinum Triangle Master Land Use Plan Principal Planner Borrego noted that capacity in the Platinum Triangle has increased since this policy was written. Committee Member Greenberg asked how many units have been built in the Platinum Triangle to date. Principal Planner Borrego said he could provide that information to the Committee. Housing Production Strategy 1L: Developer Incentives Program Committee Member O’Brien said this policy should look at new incentives and replacements for RDA funding. Mr. Barquist said loss of RDA funding will be added to the policy considerations and the policy program could include exploring alternative funding. Housing Production Strategy 1P: Police Residence Assistance 7 Committee Member O’Brien asked how many police officers have actually taken advantage of this program. Housing Program Stepter said that there were fewer than 10 in the current planning period. Committee Member Kreitner commented that police officers might not want to live in the same City where they work. Housing Programs Manager Stepter said there are some programs that encourage officers to live in the neighborhoods they work in. Committee Member Leos commented that the internet allows people to find out where others live. Housing Production Strategy 1Q: Compliance with SB 2- Adequate Sites for Emergency Shelters/Transitional Housing Committee Member Kreitner suggested revising to add language to support the implementation of emergency shelters. Housing Production Strategy 1U: Land Acquisition and Write Downs Committee Member O’Brien commented that the City should look at finding replacement funding for this program. Other Comments Committee Member Kreitner asked if the City could increase the cost share for Section 8 vouchers and then offer more vouchers. Housing Programs Manager Stepter responded that the 30 percent cost share is a federal requirement. There are some cases where the cost share could go up to 40 percent at entry if the family wants to move into housing that costs more. Committee Member Kreitner suggested the City include language on supporting emergency shelters by offering CUP relief, providing safety improvements such as crosswalks and lighting, support in community outreach, and flexibility on what the shelter would look like. Shelters could be in a large tent. The City could also offer monetary support. . Committee Member Henninger agreed with Committee Member Kreitner. Principal Planner Borrego noted that a CUP not required for shelters with 50 or less beds. Committee Member Kreitner asked if there are other permits required for shelters. Principal Planner Borrego responded that building permits are required separately. Principal Planner Vander Dussen said the City Council would need to allocate money from the General Fund to support shelters with money. Committee Member Kreitner noted that a shelter has not been developed even though the zoning allows it. 8 Principal Planner Borrego said the City has not received any direct feedback from organizations saying if or why a shelter would not be feasible. Committee Member Kreitner said she will talk to some organizations about what would be needed to build a shelter and will report back at the next meeting. Committee Member Henninger suggested changing Strategy 4A to focus on Avon Dakota and say the source of funds is residual receipts used by the Anaheim Housing Authority. Housing Programs Manager Stepter said the City is looking to expand the program to Guinida Lane, not exclusively Avon Dakota. Committee Member Leos asked for Committee input on potential incentives for developers. Committee Member O’Brien said the City needs to find a replacement for the things that were previously done through RDA, including property assembly and brownfields clean up. Committee Member Leos said he wants developers to be excited to develop in Anaheim. Committee Member O’Brien reiterated that the zoning code could be modified if developers are not able to active the maximum densities. Committee Member Buffa said the City needs to balance new housing with density. Committee Member Henninger commented that the City Council members are not land use planners and they do not necessarily see the impacts of land use decisions. The Committee can provide them with guidance. Committee Member Greenberg commented that motels that are part residential use and part motels are problematic. Principal Planner Borrego said that staff looked at the possibility of motel conversions as part of the Affordable Housing Strategic Plan, but the motel owners were not incentivized to convert because motels can be lucrative. The City has designated many of the motel areas as residential in the General Plan and the areas will slowly transition to permanent housing. Committee Member Greenberg asked if a motel could be both a residential use and a motel. Principal Planner Borrego responded that the Zoning Code does not allow the motels to be both residential units and motels. Committee Member Kreitner commented that the only way it seems to have to motels convert to residential would be for someone to buy out the existing owner and redevelop. 9 Principal Planner Borrego said the workshop on the Housing Element with the City Council will be on September 3rd at 3:00 pm and the Committee is invited to attend. Committee Member Richardson asked when the draft policy program will be ready for the Committee to review. Principal Planner Borrego said he will let the Committee know shortly. Principal Planner Borrego said, in response to an earlier question, that approximately 2,000 units have been constructed in the Platinum Triangle and another 8,000 units are entitled but not built. Committee Member Richardson asked if the entitlements are recent or older. Principal Planner Borrego said some of the entitlements are older. Committee Member Richardson asked if there is building activity in the area happening right now. Principal Planner Borrego said they are seeing a lot of activity. Planning Director Vander Dussen said there is one project in the building permit review process right now. Committee Member Richardson asked if the units are apartments or for-sale. Planning Director Vander Dussen said they are all apartments. There is only one for-sale development in the Platinum Triangle right now. • Public Comments None. • Agenda Forecast The next regularly scheduled meeting will be held on August 27, 2013 at 6:00 pm in the same room. The Committee will discuss the draft Policy Program for the 2014-2021 Housing Element. • Adjournment Mr. Barquist adjourned the meeting at 8:41 pm. Housing Element Appendix B: Residential Land Resources PUBLIC REVIEW DRAFT DECEMBER 2013 B-1 APPENDIX B: RESIDENTIAL LAND RESOURCES A. ADEQUATE SITES ANALYSIS State Housing Element Law requires that cities demonstrate the availability of adequate sites to accommodate their projected growth needs. An analysis of land resources must be completed and take into consideration zoning, development standards, and the availability of public services and facilities to accommodate a variety of housing types and incomes. The City must demonstrate that it has capacity or adequate sites to accommodate the projected need for housing. The State Department of Finance (DOF) is responsible for projecting the total statewide housing demand, with the State Department of Housing and Community Development (HCD) apportioning this demand to each of the state’s regions. This demand represents the number of additional units needed to accommodate the anticipated growth in the number of households, to replace expected demolitions and conversions of housing units to non-housing uses, and to achieve a future vacancy rate that allows for healthy functioning of the housing market. The Southern California Association of Governments (SCAG), the Council of Governments (COG) representing the region, in cooperation with the local jurisdictions, is tasked with the responsibility of allocating the region’s projected new housing demand to each jurisdiction. The allocation is further divided into four income categories: § Very-Low Income – 0% to 50% of the median income; § Low Income – 51% to 80% of the median income; § Moderate Income – 81% to 120% of the median income; and, § Above-Moderate Income – more than 120% of the median income. This process is known as the Regional Housing Needs Assessment (RHNA), and the goals are referred to as either the RHNA goals or the “regional share” goa ls for new housing construction. The allocation takes into account factors such as market demand for housing, employment opportunities, the availability of suitable sites and public facilities, commuting patterns, type and tenure of housing need, and others. In determining a jurisdiction’s share of new housing needs by income category, the allocation is adjusted to avoid an over-concentration of lower income households in any one jurisdiction. The current RHNA prepared by SCAG allocates housing needs for the period from Housing Element Appendix B: Residential Land Resources B-2 PUBLIC REVIEW DRAFT DECEMBER 2013 January 1, 2014 to October 1, 2021. The RHNA identifies the City of Anaheim’s share of the region’s housing needs as 5,702 new housing units. The City of Anaheim’s share of the region’s housing needs for 2014-2021, as determined by SCAG, is the projected need for housing used in this evaluation. This evaluation of adequate sites represents planning goals, and not a goal for actual production of housing within the planning period. 1. Capacity to Meet Regional Share Goals The City of Anaheim has the capacity to meet its RHNA goals through properties that are already designated for residential land uses by the City’s General Plan and Zoning Code. In 2004, the City of Anaheim completed a comprehensive update of its General Plan. Through this effort, the City redesignated several acres of underutilized commercial and industrial properties for multiple-family residential development. Through this effort, the City also identified several locations that would be suitable for mixed-use residential development, including the Downtown and The Platinum Triangle areas. These new residential designations have yielded several housing projects since 2004 and continue to provide opportunities for infill and redevelopment projects that will help the City achieve its RHNA goals. a. Current Projects The City of Anaheim has a number of residential projects that are “in-the-pipeline.” These projects include 4,282 units that have been issued building permits; have pending building permits and are in the plan check phase; or, are entitled projects that have not yet been submitted for building permits, but have been approved for development through development agreements, density bonus agreements, subdivisions or conditional use permits. These projects further detailed in Appendix B-1. The locations of these units are shown in Exhibits B-1 and B-2. Within The Platinum Triangle, development intensities are allocated to individual properties on a first come, first served basis through the approval of a development agreement. There are 3,206 dwelling units within The Platinum Triangle that have been approved by a development agreement, but are not under construction. The development agreements approved in conjunction with these projects do not set minimum rents or sale prices for these developments and, therefore, do not preclude the development of units affordable to moderate and lower income families. Based on current rental rates in the Platinum Triangle, future units are anticipated to be affordable to range of income levels. However, for the purposes of this analysis, the units entitled within the Platinum Triangle are assumed to be affordable to above-moderate income households. !"^$ ?» ?l ORANGETH Match Line - West Side/CentralMatch Line - East SideORANGE LA PALMA LINCOLN LA JOLLA NUTWOODBR OADWAY CRESCENT WESTKATELLA RED GUMNINTHMAGNOLIADALEOLIVE WESTERNBROADWAY ROMNEYA CERRITOS CHAPMAN STATE COLLEGEBALL KRAEMERSO UTH LEWISWESTLIN COLN SUNKISTROMNEYA KNOTTBROOKHURSTVE RMONT RIO VISTAPLACENTIAOR ANGETH O R P E ACACIASUNKISTEUCLIDRI VERDALE GILBERTNO RTH WALNUTLEMONDALECERRITOS WAGNERMULLER CERRITOS ANAHEIMHASTERLEWISBLUE GUM ORANGETHORPE OLIVE LOARAGENE AUTRY CERRITOS CHAPMAN CROWTHER DISNEY SOUTH MI LLERORANGETHORPE KATELLA FRONTERA 91 DOUGLASS5 91 5 EASTBEACHBEACHANAHEIMBROOKHURSTEUCLIDEUCLIDCRESCENT HARBORHARBORDISNEYLANDGLASSELLMA N C H E S T E R FULLERTON PLACENTIA BUENA PARK LA PA LMA CYPRESS ORANGESTANTON GARDEN GROVE SANTA ANA M:\Mdata\10105703\GIS\Vacantlhalf.mxd 5/5/09 -- SS JM KO Anaheim Housing Needs Assessment 0 3,500 7,0001,750 Feet Legend Projects in the Pipeline City Boundary Current Projects - West Side Exhibit B-1! ?» A¾ LINCOLN RICHFIELDCORONADO ROYAL OAKMEATSW EIRCA N Y O N O AK CA N Y O N ORANGETHORPE KELLOGGLAKEVIEWC A N Y O N RIM RI VERDA L E MIRALOMA NOHL R A N C HIMPERIALLA PALMA ?k Match Line - West Side/CentralMatch Line - East SideLA PALMA N O H LRANCH NOHLR A N C H ORANGETH O R P E RI VERDALE ORANGETH O R P E CANYON RIMMILLER 241 SE RRAN O SERRANOF A I R M O N TTUSTINLAKEVIEW IMPERIALIM P E R I A L ANAHEIMHI LLSGLASSELLYORBA LINDA PLACENTIA ORANGE VILLA PARK M:\Mdata\10105703\GIS\Vacantlhalf.mxd 5/5/09 -- SS JM KO Anaheim Housing Needs Assessment 0 3,500 7,0001,750 Feet Legend Projects in the Pipeline City Boundary Current Projects - East Side Exhibit B-2! Housing Element Appendix B: Residential Land Resources PUBLIC REVIEW DRAFT DECEMBER 2013 B-5 Table B-1 summarizes the Projects-in-the-Pipeline and the remaining RHNA need after accounting for these units. Table B-1 Projects-in-the Pipeline and Converted Units Income category1 Dwelling Units RHNA Need Projects-in-the-Pipeline2 Remaining RHNA Need Extremely-Low3 628 17 611 Very-Low 1,256 83 1,173 Low 907 367 540 Moderate 1,038 36 1,032 Above- Moderate 2,501 3,796 (1,295) Total 5,702 4,282 1,420 1 Units allocated to extremely-low, very-low, low and moderate income categories have been restricted to households that meet the income requirements for these categories. Units allocated to the above moderate income category include all units that are not income restricted. 2 Projects-in-the-Pipeline are units considered approved due to a Development Agreement, Density Bonus Agreement subdivision or conditional use permit as of September 1, 2013. These units have not been constructed. 3 The extremely-low income category is a sub-set of the very-low income category; all units within the extremely-low income category are also included in the very-low income category. Source: City of Anaheim Planning Department b. Housing Opportunity Sites During the 2006-2014 RHNA planning period, the City identified a number of Housing Opportunity Sites to accommodate its lower and moderate-income RHNA need. The zoning code amendment during the 2006-2014 planning period applied either the Mixed Use Overlay Zone or Residential Opportunity Overlay Zone to the Housing Opportunity Sites. Refer to Chapter 3, Resources and Constraints for more information about the Mixed Use and Residential Opportunity Overlay Zones. The Housing Opportunity Sites that are still available for development and continue to provide opportunities to accommodate the City’s RHNA need for the 2014-2021 planning period are shown in Exhibit B-3 and B-4 and are further detailed in Appendix B2. The housing opportunity sites identified during the 2006 to 2014 planning period were carefully selected based upon their likelihood to transition to housing uses during the planning period. The City chose not to identify properties that were occupied by newer and/or lucrative forms of development that are unlikely to redevelop in the near term. Conversely, nearly all of the opportunity sites are occupied by underutilized commercial or industrial uses and are indicative of the types of sites historically pursued by local Housing Element Appendix B: Residential Land Resources B-6 PUBLIC REVIEW DRAFT DECEMBER 2013 housing developers interested building a variety of in-fill housing types. For example, there are several recent market rate and affordable housing projects that have been developed on sites formerly occupied by manufacturing businesses, underperforming retail centers or plant nurseries. The probability that several of the City’s housing opportunity sites will develop with higher density housing, consistent with their assumed density range, is bolstered by recent housing development activity. The following table illustrates three recent examples of housing projects that have been proposed on identified housing opportunity sites. These sites are identified by Opportunity Site number, consistent with the analysis conducted during the 2006-2014 Housing Element Update and are considered a representative example of development opportunities expected from these sites. Development applications for these sites were received in late 2013 and it is anticipated that these sites will be developed in 2014. The densities proposed are consistent with the densities of other in-fill housing developments that have been constructed during the 2006-2014 planning period. Table B-2 Recent Project Applications on Opportunity Sites Housing Opportunity Site No. Location Existing Land Use Proposed Product Assumed Density of Opportunity Site Proposed Density 158, 159 2726 W. Lincoln Ave Plant Nursery 78-unit affordable senior apartment 36 du/ac 70 du/ac 163, 172 641 S. Brookhurst St Motel, Vacant Land 44 detached condos 18 du/ac 18 du/ac 14-19 1531-1619 E. Lincoln Ave Glass Shop, Taxi Yard 78 attached condos 18 du/ac 15 du/ac Source: City of Anaheim Planning Department !"^$ ?» ?l ORANGETH Match Line - West Side/CentralMatch Line - East SideORANGE LA PALMA LINCOLN LA JOLLA NUTWOODBR OADWAY CRESCENT WESTKATELLA RED GUMNINTHMAGNOLIADALEOLIVE WESTERNBROADWAY ROMNEYA CERRITOS CHAPMAN STATE COLLEGEBALL KRAEMERSO UTH LEWISWESTLIN COLN SUNKISTROMNEYA KNOTTBROOKHURSTVE RMONT RIO VISTAPLACENTIAOR ANGETH O R P E ACACIASUNKISTEUCLIDRI VERDALE GILBERTNO RTH WALNUTLEMONDALECERRITOS WAGNERMULLER CERRITOS ANAHEIMHASTERLEWISBLUE GUM ORANGETHORPE OLIVE LOARAGENE AUTRY CERRITOS CHAPMAN CROWTHER DISNEY SOUTH MI LLERORANGETHORPE KATELLA FRONTERA 91 DOUGLASS5 91 5 EASTBEACHBEACHANAHEIMBROOKHURSTEUCLIDEUCLIDCRESCENT HARBORHARBORDISNEYLANDGLASSELLMA N C H E S T E R FULLERTON PLACENTIA BUENA PARK LA PA LMA CYPRESS ORANGESTANTON GARDEN GROVE SANTA ANA M:\Mdata\10105703\GIS\Vacantlhalf.mxd 5/5/09 -- SS JM KO Anaheim Housing Needs Assessment 0 3,500 7,0001,750 Feet Legend Mixed-Use Residential City Boundary Housing Opportunity Sites Exhibit B-3! ?» A¾ LINCOLN RICHFIELDCORONADO ROYAL OAKMEATSW EIRCA N Y O N O AK CA N Y O N ORANGETHORPE KELLOGGLAKEVIEWC A N Y O N RIM RI VERDA L E MIRALOMA NOHL R A N C HIMPERIALLA PALMA ?k Match Line - West Side/CentralMatch Line - East SideLA PALMA N O H LRANCH NOHLR A N C H ORANGETH O R P E RI VERDALE ORANGETH O R P E CANYON RIMMILLER 241 SE RRAN O SERRANOF A I R M O N TTUSTINLAKEVIEW IMPERIALIM P E R I A L ANAHEIMHI LLSGLASSELLYORBA LINDA PLACENTIA ORANGE VILLA PARK M:\Mdata\10105703\GIS\Vacantlhalf.mxd 5/5/09 -- SS JM KO Anaheim Housing Needs Assessment 0 3,500 7,0001,750 Feet Legend Mixed-Use Residential City Boundary Housing Opportunity Sites Exhibit B-4! Housing Element Appendix B: Residential Land Resources PUBLIC REVIEW DRAFT DECEMBER 2013 B-9 The City was very selective in identifying its Housing Opportunity Sites and only elected to include those properties which had definite potential to redevelop. Properties deemed unlikely to develop or redevelop to housing affordable to moderate or lower-income families were eliminated in this analysis. For example, the following types of properties were not identified as Housing Opportunity Sites because they have a low likelihood of redeveloping to a residential use during the planning period: • Properties developed with schools; community/religious assembly uses, such as churches and synagogues; or, other similar uses that are unlikely to redevelop in the foreseeable future. • Properties developed with mobile home parks. • Properties that would not yield a greater amount of residential units than currently exist on the property (with the exception of certain sites that could be consolidated into a larger development area). • Properties that are designated for residential land uses by the General Plan, but at densities unlikely to result in development of units affordable to moderate or lower income households (i.e., less than 13 units/acre). • Small parcels unlikely to be consolidated with surrounding properties. • Properties designated for non-residential land uses by the General Plan. Sites with known environmental constraints which would preclude residential development during the planning period. Several of the Housing Opportunity Sites consist of parcels with light industrial and commercial uses in buildings that are 40 or more years old and that are generally in marginal condition. The City has an excellent recent track record of redeveloping parcels with similar uses and characteristics with residential units. In fact, many of the affordable housing units that have been constructed during the 2006-2014 planning period were developed on sites once occupied by similar commercial and industrial uses. As indicated in Table B-2, the Housing Opportunity Sites that were identified provide the opportunity to develop up to 3,727 dwelling units. However, when Opportunity Sites that do not meet the 16 unit/site requirement of AB 2348 are excluded from this total, the net number of dwelling units that could be developed is up to 3,078 dwelling units. The capacity of each Opportunity Site was determined by utilizing the maximum density permitted by each site’s applicable General Plan land use designation. Recent development activity illustrates the fact that these maximum permitted densities are oftentimes met or exceeded, based upon current land use and regulatory policies. These policies include several affordable housing incentives that are incorporated into the City’s Zoning Code. An analysis of recently approved and constructed housing units demonstrates the City’s ability to meet or exceed density thresholds in the City’s General Plan. Housing Element Appendix B: Residential Land Resources B-10 PUBLIC REVIEW DRAFT DECEMBER 2013 Within the Mixed-Use Overlay Zone, the realistic capacity for residential units is not reduced by the inclusion of non-residential uses. The Overlay Zone does not require a minimum non-residential square footage and developments must include a residential component developed at a density of at least 36 du/ac. Developers of projects within the Mixed-Use Overlay Zone have traditionally sought to maximize the residential development potential to the greatest amount feasible. Table B-3 Opportunity Sites: General Plan Designations General Plan Residential Land Use Designation Maximum Density units/acre Acres Units1 Gross Acres2 Net acres3 Gross Units2 Net Units3 Mixed-Use 60 1.6 1.0 96 60 Medium Density 36 58.2 51.6 2,062 1,842 Low-Medium Density 18 89.7 66.0 1,569 1,176 Opportunity Sites Total 149.5 118.6 3,727 3,078 1 The number is based on individual sites and not the aggregate acreage. 2 This is the gross number of acres and units identified Appendix B-4 3 This is the net number of acres and units when excluding parcels with less than 16 unit/site capacity. This net number is used for calculation of adequate sites capacity The Opportunity Sites designated by the General Plan for densities over 30 dwelling units per acre (the default density standard set by the State as appropriate for accommodating Anaheim’s share of regional housing need for lower-income households) would allow for development of up to 1,902 net units and would fulfill the City’s obligations to provide sites to accommodate the remaining lower income RHNA need (1,713 units). The Opportunity Sites designated by the General Plan for development densities within the generally accepted density for moderate income units (11-30 dwelling units per acre) could produce up to 1,176 net units. These sites would accommodate development of housing for the remaining RHNA need for moderate-income households as indicated in Table B-4. Table B-4 Opportunity Sites and Remaining RHNA Obligations Units Gross Units Net Units Sites designated by the General Plan for densities over 30 units/acre1 2,158 1,902 Remaining RHNA Need for Lower-Income Households 2 1,713 1,713 Lower Income Surplus Units 445 189 Sites designated by the General Plan for Low-Medium Desnity-18 units/acre1 1,569 1,176 Remaining RHNA Need for Moderate-Income Households2 1,032 1,032 Total Surplus Units 537 144 1 From Table B-2: Opportunity Sites: General Plan Designations 2 From Table B-1: Projects in the Pipeline Housing Element Appendix B: Residential Land Resources PUBLIC REVIEW DRAFT DECEMBER 2013 B-11 The Housing Opportunity Sites include approximately 3.3 acres of vacant land that could be developed with up to 64 dwelling units. Although the majority of the Housing Opportunity Sites are developed with existing uses, the City has an excellent track record of transforming underutilized properties into residential uses, as is evident in the site characteristics of the projects that are currently entitled for development (see Appendix B-2). Since the Housing Opportunity Sites are already designated by the General Plan for residential uses, the proposed density of development proposed on the Housing Opportunity Sites has already been analyzed by the Environmental Impact Report prepared for the General Plan Update (EIR No. 330). The proposed density of development has also been analyzed by the City’s 2010 Urban Water Management Plan. Sewer deficiencies related to the General Plan build-out have been identified in the City’s capital improvement program (CIP) and will be upgraded as part of the CIP to accommodate new or increased densities of residential units. Costs associated with these improvements are funded by a sewer user charge and development impact fees. Per State law, the City has adopted a resolution giving sewer priority to affordable housing development and has an aggressive, on-going sewer improvement program in place. Although the Opportunity Sites comprise approximate 31 acres collectively that are each less than one acre, these smaller sites are located adjacent to other parcels that provide the opportunity for lot consolidation. While the feasibility of assembling small parcels for residential development may be a limiting factor for some jurisdictions, it is important to note that Anaheim has a proven history of successful assemblage that has resulted in the development of several affordable housing projects in the recent past. Site constraints have also historically been successfully addressed through the implementation of the Density Bonus chapter of the Zoning Code (Chapter 18.52). Incentives such as reduced required building setbacks, increased allowable site coverage and increased maximum building heights are available to projects proposing affordable housing. These incentives along with density bonuses and reduced parking requirements help make the density permitted by the General Plan foreseeable on the Housing Opportunity Sites. Combined with the City’s current projects (4,282 units), the “net" Opportunity Sites (3,078 units) allow for the development of up to 7,360 units, far exceeding the City’s RHNA target of 5,702 units. Housing Element Appendix B: Residential Land Resources B-12 PUBLIC REVIEW DRAFT DECEMBER 2013 B. PRESERVATION OF ASSISTED UNITS AT RISK OF CONVERSION Jurisdictions are required by State Housing Element Law to analyze government-assisted housing that is eligible to convert from low income to market rate housing over the next 10 years. State law identifies housing assistance as a rental subsidy, mortgage subsidy or mortgage insurance to an assisted housing development. Government assisted housing might convert to market rate housing for a number of reasons including expiring subsidies, mortgage repayments or expiration of affordability restrictions. This section will address: • An inventory of assisted housing units that are at-risk of converting to market rate housing, • An analysis of the costs of preserving and/or replacing these units, • Resources that could be used to preserve at-risk units, • Program efforts for preservation of at-risk housing units, and • Quantified objectives for the number of at-risk units to be preserved during the Housing Element planning period. 1. Inventory of At-Risk Units There are 516 assisted housing units “at-risk” of losing their affordability through 2023 in Anaheim. Programs utilized by these units include the Senior Ordinance, Density Bonus Ordinance, tax credits, tax-exempt bonds, Housing Set-Aside Funds, HUD, CDGB and HOME funds. Table B-5 summarizes the units “at-risk” from 2013 through 2018. Housing Element Appendix B: Residential Land Resources PUBLIC REVIEW DRAFT DECEMBER 2013 B-13 Table B-5 Units “At-Risk” of Conversion 2013-2023 Project Address Type of Units Program Length of Affordability Earliest Conversion Date Total Units Assisted Units Casa Delia 1105 N. Citron Family HOME 30 5/25/2015 12 12 Jasmine Creek 206 N. Coffman Family Density Bonus 30 3/1/2021 20 2 Sea Wins Apts. 1925 W. Greenleaf Family Tax exempt Bonds/Federal Tax Credits 15 7/7/2015 73 18 Heritage Village 707 W. Santa Ana St. Senior Senior Ordinance/Density Bonus/Tax Exempt Bonds 30 11/2/2022 196 49 Heritage Park 950 S. Gilbert Senior PBA,CDBG, Rental Construction Funds 30 years 11/28/2013 94 29 Angelina Apts. 1034 S. Kemp Senior Senior Ordinance 30 years 7/11/2016 8 2 1631 E. Sycamore Senior Ordinance Senior Senior Ordinance 30 years 8/19/2017 4 1 Vintage Apts. 200 S. Citron Senior Senior ordinance/ Density Bonus 30 years 1/20/2017 82 21 Sage Park 810 N. Loara St. Senior Senior ordinance/ Density Bonus/Tax exempt Bonds 30 years 1/22/2017 100 25 208 S. West St 208 S. West St Senior Senior Ordinance 30 years 10/7/2016 6 2 Acaciawood Village 1415 W. Ball Rd Senior Senior Ordinance 30 years 10/17/2018 123 31 Magnolia Acres 640 S. Magnolia Ave Senior Senior Ordinance 30 years 12/22/2018 40 10 125 N Gilbert 125 N Gilbert Senior Senior ordinance/ Density Bonus 30 years 3/15/2019 9 3 Palacio Villas 435 S. Anaheim Hills Rd. Senior Senior ordinance/ Tax exempt Bonds 30 years 12/6/2019 117 27 Gilbert Park Apts. 925 S. Gilbert Senior Senior ordinance/ Density Bonus 30 years 3/29/2020 24 8 Housing Element Appendix B: Residential Land Resources B-14 PUBLIC REVIEW DRAFT DECEMBER 2013 Table B-5 Units “At-Risk” of Conversion 2013-2023 Project Address Type of Units Program Length of Affordability Earliest Conversion Date Total Units Assisted Units 121 Kathryn Dr 121 Kathryn Dr Senior Senior ordinance/ Density Bonus 30 years 6/25/2020 11 4 Fairhaven 536 Fairhaven Senior Senior ordinance/ Density Bonus 30 years 8/30/2020 17 6 318 S. Lemon St. 318 S. Lemon St. Family Density Bonus 30 years 10/1/2022 22 2 721 W. La Palma 721 W. La Palma Family Density Bonus 30 years 7/27/2020 12 2 318 S. Bush 318 S. Bush Family Density Bonus 30 years 8/10/2020 4 1 322 S. Bush 322 S. Bush Family Density Bonus 30 years 8/10/2020 4 1 New Horizons 835 S. Brookhurst Senior Senior ordinance/ Density Bonus 30 years 8/7/2020 80 32 Villa Catalpa 1680 Catalpa Drive Senior Senior ordinance/ Density Bonus 30 years 11/20/2020 18 6 1532 E. La Palma 1532 E. La Palma Family Density Bonus 30 years 7/11/2021 14 2 Nutwood Apts. 1668 S. Nutwood St Family Density Bonus 30 years 7/14/2022 30 2 Newporter 3424 & 3428 W. Orange Family Density Bonus 30 years 9/4/2021 22 4 Village Center Apts. 200 E. Lincoln Senior HUD Section 8 New Construction 5 years 2017 100 99 Anaheim Memorial Manor 275 E Center Street Senior HUD 5 years 2019 75 75 Carbon Creek Shores 3060 E. Frontera Street Special Needs HUD 2014 40 40 Total 516 Source: City of Anaheim, 2013 Housing Element Appendix B: Residential Land Resources PUBLIC REVIEW DRAFT DECEMBER 2013 B-15 2. Cost of Preservation Versus Replacement Twenty-nine projects with a total of 516 units are at-risk of converting to market rate housing from 2013 through 2023. Generally, the cost of preserving existing units is more cost effective than replacing units through new construction. Replacement of these units with rehabilitated units may be cost effective in some instances. a. Preservation Strategies There are many options to preserving units including providing financial incentives to project owners to extend low income use restrictions, purchasing affordable housing units by a non-profit or public agency or providing local subsidies to offset the difference between the affordable and market rate. Scenarios for preservation will depend on the type of project at-risk. The City will implement a variety of activities during the Housing Element period in order to preserve the existing supply of affordable housing. Among the activities to be implemented are: 1) Evaluation of legal and procedural framework for preservation of at-risk units within the City. 2) Identification and monitoring of threatened projects. 3) Analysis of factors that influence an owner’s decision to terminate the operation of the units at risk of converting. 4) Determination of the feasibility of an entity acquiring and preserving the units at risk of conversion. 5) Analysis of Federal, State and local financial incentives available to deter the conversion and assist with the acquisition and preservation of units at risk of conversion. 6) Provision of technical assistance to developers, nonprofit corporations and resident councils interested in negotiating the acquisition of units at risk of conversion. b. Local Rental Subsidy One strategy for preserving the units at-risk during the planning period is to provide a local rental subsidy to residents. Rent subsidies can be utilized to provide assistance to residents when their affordable units convert to market rate. To determine the subsidy needed, Fair Market Rents were compared to market rate rents. Table B-6 provides a Housing Element Appendix B: Residential Land Resources B-16 PUBLIC REVIEW DRAFT DECEMBER 2013 summary of Fair Market Rents for Orange County and Table B-7 provides an estimate of the required subsidy by unit type. Table B-6 2013 Fair Market Rents Size of Unit Fair Market Rent 0 bedroom $1,126 1 bedroom $1,294 2 bedroom $1,621 3 bedroom $2,268 4 bedroom $2,525 Source: HUD, 2013 Table B-7 Estimated Monthly Subsidy to Preserve “At-Risk” Units Unit Size Rents Number of Units Difference Monthly Subsidy Annual Subsidy Fair Market Rents1 Market Rate2 Studio $1,126 $1,022 19 ($104) ($1,976) ($23,712) 1 bedroom $1,294 $1,183 367 ($111) ($40,737) ($488,844) 2 bedroom $1,621 $1,492 54 ($129) ($6,966) ($83,592) 3 bedroom $2,268 $1,842 5 ($426) ($2,130) ($25,560) Total ($621,708) Source: 1HUD Fair Market Rents 2013, 2RealFacts, 3rd quarter 2012 c. Replacement Cost Anaheim can also consider the cost of replacing the units with new construction. Construction cost estimates include all hard and soft costs associated with construction in addition to per unit land costs. The analysis assumes the replacement units are garden style apartments with parking provided on-site. Square footage estimates are based on the average unit size in the region. Land costs have been determined on a per unit basis. Tables B-8 and B-9 summarize the estimated replacement costs per unit. Housing Element Appendix B: Residential Land Resources PUBLIC REVIEW DRAFT DECEMBER 2013 B-17 Table B-8 Replacement Costs by Unit Type1 Unit Size Cost per Square Foot Average Square Foot/ Unit2 Replacement Cost per Unit3 Studio $200 484 $96,800 1 bedroom $200 734 $146,800 2 bedroom $200 968 $193,600 3 bedroom $200 1,219 $243,800 Notes: 1 Based on prevailing market conditions. Units assumed as garden apartments with on-site parking. 2 Based on average square footage reported by RealFacts, 3rd quarter 2012. 3 Includes construction costs, financing and land acquisition costs of $25,000 per unit. Source: RBF Consulting, 2013 Table B-9 Replacement Costs of “At-Risk” Units1 Unit Size Replacement Cost per Unit1 Number of Units Total Replacement Costs Studio $96,800 19 $1,839,200 1 bedroom $146,800 367 $53,875,600 2 bedroom $193,600 54 $10,454,400 3 bedroom $243,800 5 $1,219,000 Notes: 1 Based on prevailing market conditions. Units assumed as garden apartments with on-site parking.. Includes construction costs, financing and land acquisition costs of $25,000 per unit. Source: RBF Consulting, 2013 d. Resources for Preservation A variety of programs exist to assist cities to acquire, replace or subsidize at-risk affordable housing units. The following summarizes financial resources available to the City of Anaheim. i. Federal Programs • Community Development Block Grant (CDBG)- CDBG funds are awarded to cities on a formula basis for housing activities. The primary objective of the CDBG program is the development of viable communities through the provision of decent housing, a suitable living environment and economic opportunity for principally low and moderate income persons. Funds can be used for housing acquisition, rehabilitation, economic development and public services. In Fiscal Year 2013-2014, Anaheim received $4,605,871 in CDBG funds. Housing Element Appendix B: Residential Land Resources B-18 PUBLIC REVIEW DRAFT DECEMBER 2013 • HOME Investment Partnership- The City of Anaheim receives funds by formula from HUD to increase the supply of decent, safe, sanitary and affordable housing to lower income households. Eligible activities include new construction, acquisition, rental assistance and rehabilitation. In Fiscal Year 2013-2014, Anaheim received $1,601,964 in HOME funds. • Section 8 Rental Assistance Program- The Section 8 Rental Assistance program provides rental assistance payments to owners of private, market rate units on behalf of very-low income tenants. Rental assistance is provided through the Anaheim Housing Authority. Anaheim anticipates assisting an estimated 5,000 households annually through Section 8 Housing Choice Vouchers, subject to federal funding availability. • Section 811/202 Program- Non-profit and consumer cooperatives can receive no interest capital advances from HUD under the Section 202 program for the construction of very-low income rental housing for seniors and persons with disabilities. These funds can be used in conjunction with Section 811, which can be used to develop group homes, independent living facilities and immediate care facilities. Eligible activities include acquisition, rehabilitation, new construction and rental assistance. ii. State Programs • California Housing Finance Agency (CalHFA) Multifamily Programs- CalHFA’s Multifamily Programs provide permanent financing for the acquisition, rehabilitation, and preservation or new construction of rental housing that includes affordable rents for low and moderate income families and individuals. One of the programs is the Preservation Acquisition Finance Program which is designed to facilitate the acquisition of at-risk affordable housing developments and provide low-cost funding to preserve affordability. • Low Income Housing Tax Credit (LIHTC)- This program provides tax credits to individuals and corporations that invest in low income rental housing. The LIHTC program creates affordable housing opportunities when the developer of a project “sells” the tax credits to an investor or investors who contribute equity to the development in exchange for an ownership position in the project. • California Community Reinvestment Corporation (CCRC)- The California Community Reinvestment Corporation is a multifamily affordable housing lender whose mission is to increase the availability of affordable housing for low income families, seniors and residents with special needs by facilitating private capital flow from its investors for debt and equity to developers of affordable housing. Eligible activities include new construction, rehabilitation and acquisition of properties. Housing Element Appendix B: Residential Land Resources PUBLIC REVIEW DRAFT DECEMBER 2013 B-19 e. Program Efforts to Preserve At -Risk Units Through the Community Development Department, the City continually monitors the eligibility of affordable housing to convert to market rate housing. Constant monitoring allows the City to anticipate the timeframe by which affordability covenants would expire, allowing the City to implement various resources to ensure the continued affordability of the housing units. f. List of Qualified Entities The following non-profit corporations are potential organizations with experience and capacity to assist in preserving at-risk units: • BRIDGE Housing Corporation (San Francisco) • Jamboree Housing Corporation (Irvine) • Mercy Housing California (San Francisco) • The Related Companies • Global Premier Development, Inc. • Anaheim Supportive Housing for Senior Adults • AMCAL Multi-Housing, Inc. • Simpson Housing Solutions, LLC • TELACU • Urban Housing Communities • Wakeland Housing and Development Corporation • Solari Enterprises • Orange County Community Housing Corp • Lennar Affordable Communities • Irvine Housing Opportunities • Century Housing Corporation • Arnel • LINC Housing g. Quantified Objectives Housing Element law requires that cities establish the maximum number of u nits that can be preserved over the planning period. Twenty-nine assisted projects with a total of 516 units are at-risk of converting to market rate housing within the planning period. The City of Anaheim’s objective is to preserve these affordable housing units. Housing Element Appendix B: Residential Land Resources B-20 PUBLIC REVIEW DRAFT DECEMBER 2013 This page is intentionally left blank. Housing Element Appendix B-1: Current Projects PUBLIC REVIEW DRAFT DECEMBER 2013 B1-1 APPENDIX B-1: CURRENT PROJECTS A. Projects in the Pipeline Table B1-1 details projects that have been entitled, but not yet constructed. Affordability restrictions are noted and the distribution of the units into affordability categories is provided in Appendix B. Table B1-1: Projects in the Pipeline as of September 1, 2013 Project Name Address Units Affordability Anton Monaco Apartments 1881 W. Lincoln 229 224 very-low, 205 low1 Calandula Court 928 S. Webster 32 16 very-low, 16 low1 Lincoln Family Apartments - Phase I 1272-1280 Lincoln Ave. 51 10 extremely-low, 15 very-low, 25 low, 1 moderate1 Lincoln Family Apartments - Phase II 1272-1280 Lincoln Ave. 39 7 extremely-low, 11 very-low, 20 low, 1 moderate1 Colony Park III S/E corner Santa Ana and Olive 174 68 low2 Colony Park IV Atchison and Santa Ana 226 23 low, 34 moderate2 Metropolitan Domain I N/W Corner Anaheim/Santa Ana 60 6 low2 Metropolitan Domain II Anaheim Blvd./Santa Ana/Ellsworth 40 4 low2 Vivere Apartments II Katella Ave. (Platinum Triangle) 244 Platinum Vista 1015 and 1105 E. Katella Ave. (Platinum Triangle) 350 AT&T Site N/W Corner Anaheim and Lincoln 225 Gateway Apartment Homes Phase II Orangewood Ave. (Platinum Triangle) 395 Park Viridian II Katella Ave. (Platinum Triangle) 215 Park Viridian III Katella Ave. (Platinum Triangle) 185 Lennar’s A-Town Metro (Parcels A, B, C & K) 1404 E. Katella Ave. (Platinum Triangle) 893 Lennar’s A-Town Stadium 2015 E. Orangewood (Platinum 525 Housing Element Appendix B-1: Current Projects B1-2 PUBLIC REVIEW DRAFT DECEMBER 2013 Table B1-1: Projects in the Pipeline as of September 1, 2013 Project Name Address Units Affordability Triangle) Platinum Gateway 915 E. Katella Ave. (Platinum Triangle) 399 4,282 Total Notes: 1 Affordability secured through Low Income Housing Tax Credit program 2 Affordability secured through use of Redevelopment Agency funds Housing Element Appendix B-2: Opportunity Sites PUBLIC REVIEW DRAFT DECEMBER 2013 B2-1 APPENDIX B-2: MIXED USE AND RESIDENTIAL OPPORTUNITY OVERLAY SITES Table B2-1 details properties designated as Housing Opportunity Sites. Sites not meeting the AB 2348 threshold of 16 units/site have not been included in the total potential units (3,727). Approximately 649 potential units have been excluded from the total potential yield of the parcels analyzed for Table B2-1. Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes 1 03517303 Low Medium I (RO) 0.3 5 Contractor’s Yard Does not meet AB 2348 threshold requirements 2 03517304 Low Medium I (RO) 0.2 3 Contractor’s Yard Does not meet AB 2348 threshold requirements 3 03517306 Low Medium I (RO) 0.2 3 Auto Parts Salvage Does not meet AB 2348 threshold requirements 4 03517307 Low Medium I (RO) 0.2 3 Auto Parts Salvage Does not meet AB 2348 threshold requirements 5 03517308 Low Medium I (RO) 0.3 5 Auto Parts Salvage Does not meet AB 2348 threshold requirements 7 03517313 Low Medium I (RO) 0.2 3 Contractor’s Yard Does not meet AB 2348 threshold requirements 8 03517315 Low Medium I (RO) 0.2 3 Vacant Does not meet AB 2348 threshold requirements 9 03517602 Low Medium RS-3 (RO) 0.2 3 Small Industrial Firms Does not meet AB 2348 threshold requirements 10 03517606 Low Medium RS-3 (RO) 0.2 3 Small Industrial Firms Does not meet AB 2348 threshold requirements Housing Element Appendix B-2: Opportunity Sites B2-2 PUBLIC REVIEW DRAFT DECEMBER 2013 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes 11 03517610 Low Medium I (RO) 1.3 23 Small Industrial Firms 12 03517614 Low Medium I (RO) 0.2 3 Small Industrial Firms Does not meet AB 2348 threshold requirements 12a 03517603 Low Medium I (RO) 0.1 1 Small Industrial Firms Does not meet AB 2348 threshold requirements 13 03517615 Low Medium I (RO) 0.2 3 Small Industrial Firms Does not meet AB 2348 threshold requirements 14 03527022 Low Medium C-G (RO) 1.1 19 Glass Shop 15 03527023 Low Medium C-G (RO) 0.4 7 Yellow Cab Co Does not meet AB 2348 threshold requirements 16 03527025 Low Medium C-G (RO) 0.5 9 Yellow Cab Co Does not meet AB 2348 threshold requirements 17 03527026 Low Medium C-G (RO) 0.8 14 Glass Shop Does not meet AB 2348 threshold requirements 18 03527028 Low Medium C-G (RO) 1.0 18 9-unit Apartment Complex 19 03527029 Low Medium C-G (RO) 0.9 16 Yellow Cab Co 23 03620309 Medium C-G (SABC) (RO) 0.1 3 Small market Does not meet AB 2348 threshold requirements 24 03620608 Medium T (SABC) (RO) 0.2 7 Vacant Yes Does not meet AB 2348 threshold requirements 26 03620627 Medium C-G (SABC) (RO) 0.2 7 Vacant Yes Does not meet AB 2348 threshold requirements 28 03621015 Low Medium I (SABC) (RO) 0.6 10 Small Industrial Firms Yes Does not meet AB 2348 threshold requirements 30 03702114 Medium I (SABC) 0.1 3 Single Family Home Does not meet AB 2348 Housing Element Appendix B-2: Opportunity Sites PUBLIC REVIEW DRAFT DECEMBER 2013 B2-3 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes (RO) threshold requirements 32 03702119 Medium I (SABC) (RO) 0.1 3 Storage Does not meet AB 2348 threshold requirements 33 03702123 Mixed-Use C-G , I (MU) 0.6 36 Appliance Store 34 03702201 Medium I (SABC) (RO) 0.6 21 Small Industrial Firms 35 03702202 Medium I (SABC) (RO) 0.3 10 Auto Body Shop Does not meet AB 2348 threshold requirements 36 03702203 Medium I (SABC) (RO) 0.3 10 Auto Body Shop Does not meet AB 2348 threshold requirements 40 03702212 Medium I (SABC) (RO) 1.1 39 Small Industrial Firms 42 03702301 Mixed-Use C-G (MU) 0.2 12 Mortuary Does not meet AB 2348 threshold requirements 43 03702302 Mixed-Use C-G (MU) 0.2 12 Mortuary Does not meet AB 2348 threshold requirements 44 03702303 Mixed-Use C-G (MU) 0.2 12 Mortuary Does not meet AB 2348 threshold requirements 45 03702304 Mixed-Use C-G (MU) 0.4 24 Mortuary 52 03702411 Low Medium I (SABC) (RO) 1.0 18 Small Industrial Firms Yes 53 03708101 Low Medium C-G (SABC) (RO) 0.4 7 Liquor Store Does not meet AB 2348 threshold requirements 57 03709105 Low Medium C-G (SABC) (RO) 0.2 3 Single Family Home Does not meet AB 2348 threshold requirements Housing Element Appendix B-2: Opportunity Sites B2-4 PUBLIC REVIEW DRAFT DECEMBER 2013 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes 61 03709109 Low Medium C-G (SABC) (RO) 0.2 3 Small Shops Does not meet AB 2348 threshold requirements 62 03709125 Low Medium C-G (SABC) (RO) 0.3 5 Small Shops Does not meet AB 2348 threshold requirements 63 03709127 Low Medium C-G (SABC) (RO) 0.2 3 Contractor Yard Does not meet AB 2348 threshold requirements 64 03711129 Low Medium I (RO) 0.7 12 Small Industrial Firms Yes Does not meet AB 2348 threshold requirements 65 03711130 Low Medium I (RO) 0.3 5 Small Industrial Firms Yes Does not meet AB 2348 threshold requirements 66 03711425 Medium I (RO) 0.1 3 Small Industrial Firms Does not meet AB 2348 threshold requirements 67 03711428 Medium I (RO) 0.1 3 Small Industrial Firms Does not meet AB 2348 threshold requirements 68 03711435 Medium I (RO) 0.1 3 Small Industrial Firms Does not meet AB 2348 threshold requirements 69 03711437 Medium I (RO) 0.2 7 Small Industrial Firms Does not meet AB 2348 threshold requirements 70 03711438 Medium I (RO) 1.5 54 Small Industrial Firms 71 03711439 Medium I (RO) 0.9 32 Small Industrial Firms 90 03713015 Low Medium I (RO) 2.7 48 Industrial Firm 91 03713015 Medium I (RO) 0.7 25 Industrial Firm 92 03713017 Low Medium I (RO) 1.0 18 Small Industrial Firms 93 03713021 Low Medium I (RO) 1.8 32 Small Industrial Firms Housing Element Appendix B-2: Opportunity Sites PUBLIC REVIEW DRAFT DECEMBER 2013 B2-5 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes 94 03713025 Low Medium I (RO) 0.3 5 Small Industrial Firms Does not meet AB 2348 threshold requirements 95 03713026 Low Medium I (RO) 0.4 7 Small Industrial Firms Does not meet AB 2348 threshold requirements 96 03713027 Low Medium I (RO) 0.5 9 Service Station Does not meet AB 2348 threshold requirements 97 03713028 Low Medium I (RO) 0.8 14 Small Industrial Firms Does not meet AB 2348 threshold requirements 98 03713028 Medium I (RO) 1.2 43 Small Industrial Firms 99 03713029 Low Medium I (RO) 4.2 75 Industrial Firm 100 03713029 Medium I (RO) 6.0 216 Industrial Firm 102 03716110 Medium I (RO) 0.6 21 Small Industrial Firms 102a 03716109 Medium I (RO) 0.1 3 Industrial Firm Does not meet AB 2348 threshold requirements 103 03716111 Medium I (RO) 0.6 21 Small Industrial Firms 104 03716112 Medium I (RO) 0.4 14 Small Industrial Firms Does not meet AB 2348 threshold requirements 105 03716114 Medium I (RO) 0.3 10 Small Industrial Firms Does not meet AB 2348 threshold requirements 106 03716116 Medium I (RO) 0.6 21 Small Industrial Firms 107 03716117 Medium I (RO) 0.4 14 Small Industrial Firms Does not meet AB 2348 threshold requirements 108 03723002 Medium I (RO) 4.2 151 Industrial Firm (L-3) 109 03727108 Medium I (RO) 0.4 14 Industrial Firm Does not meet AB 2348 threshold requirements 110 03727111 Medium I (RO) 0.2 7 Industrial Firm Does not meet AB 2348 threshold requirements Housing Element Appendix B-2: Opportunity Sites B2-6 PUBLIC REVIEW DRAFT DECEMBER 2013 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes 111 03727117 Low Medium I (RO) 0.3 5 Industrial Firm Does not meet AB 2348 threshold requirements 112 03727123 Low Medium I (RO) 0.9 16 Industrial Firm 113 03727124 Low Medium I (RO) 3.4 61 Industrial Firm 114 03727124 Medium I (RO) 7.1 252 Industrial Firm 115 03727125 Medium I (RO) 0.4 14 Industrial Firm Does not meet AB 2348 threshold requirements 116 03727127 Low Medium I (RO) 0.6 10 Industrial Firm Does not meet AB 2348 threshold requirements 117 03727222 Low Medium I (RO) 0.4 7 Auto Repair Does not meet AB 2348 threshold requirements 118 03727223 Low Medium I (RO) 0.4 7 Small Industrial Firms Does not meet AB 2348 threshold requirements 119 03727225 Medium I (RO) 0.5 18 Small Industrial Firms 120 03727225 Low Medium I (RO) 0.1 1 Small Industrial Firms Does not meet AB 2348 threshold requirements 121 03727226 Medium I (RO) 0.6 21 Small Industrial Firms 122 03727227 Low Medium I (RO) 0.4 7 Small Industrial Firms Does not meet AB 2348 threshold requirements 123 03727230 Low Medium I (RO) 0.8 14 Small Industrial Firms Does not meet AB 2348 threshold requirements 125 07016106 Low Medium C-G (RO) 0.5 9 Small Shops Does not meet AB 2348 threshold requirements 126 07016107 Low Medium C-G (RO) 0.4 7 Restaurant Does not meet AB 2348 threshold requirements 127 07016111 Low Medium C-G (RO) 0.4 7 Restaurant Does not meet AB 2348 threshold requirements Housing Element Appendix B-2: Opportunity Sites PUBLIC REVIEW DRAFT DECEMBER 2013 B2-7 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes 128 07016112 Low Medium C-G (RO) 0.4 7 Small Shops Does not meet AB 2348 threshold requirements 129 07016113 Low Medium C-G (RO) 0.9 16 Thrift Store 130 07256125 Low Medium I (RO) 1.3 23 Small Industrial Firms 131 07259101 Low Medium I (RO) 2.1 37 Small Industrial Firms 132 07259126 Low Medium I (RO) 1.3 23 Small Industrial Firms 133 07259134 Low Medium I (RO) 2.4 43 Small Industrial Firms 135 07261101 Low Medium I (RO) 14.1 253 Offices 136 08217049 Medium T (SABC) (RO) 0.6 22 RV Park 137 08218501 Medium I (SABC) (RO) 0.1 3 Small Industrial Firms Does not meet AB 2348 threshold requirements 138 08218526 Medium T (RO) 0.1 3 RV Park Does not meet AB 2348 threshold requirements 139 08218527 Medium T (RO) 0.1 3 RV Park Does not meet AB 2348 threshold requirements 140 08218528 Medium T (RO) 0.1 3 RV Park Does not meet AB 2348 threshold requirements 141 08218529 Medium T (RO) 0.1 3 RV Park Does not meet AB 2348 threshold requirements 142 08218530 Medium T (RO) 0.1 3 RV Park Does not meet AB 2348 threshold requirements 143 08218531 Medium T (RO) 0.1 3 RV Park Does not meet AB 2348 threshold requirements 143a 08218535 Medium T (RO) 0.1 3 RV Park Does not meet AB 2348 threshold requirements 144 08218539 Medium T (SABC) 0.1 3 RV Park Does not meet AB 2348 Housing Element Appendix B-2: Opportunity Sites B2-8 PUBLIC REVIEW DRAFT DECEMBER 2013 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes (RO) threshold requirements 145 08218540 Medium T (SABC) (RO) 0.1 3 RV Park Yes Does not meet AB 2348 threshold requirements 146 08218541 Medium T (SABC) (RO) 0.1 3 RV Park Yes Does not meet AB 2348 threshold requirements 147 08218547 Medium T (SABC) (RO) 0.3 10 Small Shops Yes Does not meet AB 2348 threshold requirements 148 08218549 Medium T (SABC) (RO) 0.4 14 RV Park Does not meet AB 2348 threshold requirements 149 08218551 Medium T (RO) 0.4 14 RV Park Does not meet AB 2348 threshold requirements 150 08218552 Medium I (SABC) (RO) 0.2 7 Small Industrial Firms Yes Does not meet AB 2348 threshold requirements 151 08218553 Medium I (SABC) (RO) 1.2 43 Small Industrial Firms Yes 152 08218558 Medium T (SABC) (RO) 4.2 151 RV Park 154 08373116 Medium C-G (RO) 0.8 28 Office Building 155 08373117 Medium C-G (RO) 3.1 111 Office Building 158 12602217 Medium T (RO) 0.2 7 Nursery Does not meet AB 2348 threshold requirements 159 12602218 Medium T (RO) 1.1 39 Nursery 160 12603226 Medium C-G (RO) 1.8 64 Motel 161 12631010 Medium T (RO) 1.8 64 Nursery 162 12660204 Low Medium C-G (RO) 1.8 32 Vacant Yes 163 12723134 Low Medium C-G (BCC) 1.4 25 Mixed Retail/Office Uses Housing Element Appendix B-2: Opportunity Sites PUBLIC REVIEW DRAFT DECEMBER 2013 B2-9 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes (RO) 164 12723135 Low Medium C-G (BCC) (RO) 1.6 28 Motel 165 12723156 Low Medium C-G (BCC) (RO) 0.6 10 Restaurant Does not meet AB 2348 threshold requirements 166 12723159 Low Medium C-G (BCC) (RO) 0.6 10 Bank Does not meet AB 2348 threshold requirements 167 12723160 Low Medium C-G (BCC) (RO) 1.1 19 Small Shops 168 12723161 Low Medium C-G (BCC) (RO) 0.3 5 Parking Lot Does not meet AB 2348 threshold requirements 169 12723162 Low Medium C-G (BCC) (RO) 0.6 10 Mixed Retail/Office Uses Does not meet AB 2348 threshold requirements 170 12724132 Low Medium C-G (BCC) (RO) 1.7 30 Motel 171 12724167 Low Medium C-G (BCC) (RO) 1.3 23 Motel 172 12724170 Low Medium C-G (BCC) (RO) 0.5 9 Vacant Does not meet AB 2348 threshold requirements 173 12807103 Low Medium T (RO) 0.8 14 Restaurant Does not meet AB 2348 Housing Element Appendix B-2: Opportunity Sites B2-10 PUBLIC REVIEW DRAFT DECEMBER 2013 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes threshold requirements 174 12807105 Low Medium T (RO) 0.9 16 Motel 175 12807138 Low Medium T (RO) 1 18 Motel 176 12807142 Low Medium C-G (RO) 0.6 10 Restaurant Does not meet AB 2348 threshold requirements 177 12834116 Low Medium O-L (RO) 0.2 3 Offices Does not meet AB 2348 threshold requirements 178 12834152 Low Medium C-G (BCC) (RO) 0.2 3 Small Shops Does not meet AB 2348 threshold requirements 179 12834161 Low Medium I, O-L (BCC) (RO) 6.6 118 Small Industrial Firm 180 13532130 Medium C-G (RO) 3.3 118 Motel 181 13533118 Medium C-G (RO) 2.8 100 Self Storage Facility 184 23414102 Low Medium C-G (SABC) (RO) 0.3 5 Single Family Home Does not meet AB 2348 threshold requirements 185 23414109 Low Medium C-G (SABC) (RO) 0.3 5 Mixed Retail/Office Uses Does not meet AB 2348 threshold requirements 186 23414110 Low Medium C-G (SABC) (RO) 0.2 3 Mixed Retail/Office Uses Does not meet AB 2348 threshold requirements 187 25107123 Low Medium C-G (SABC) (RO) 0.4 7 Small Shops Yes Does not meet AB 2348 threshold requirements Housing Element Appendix B-2: Opportunity Sites PUBLIC REVIEW DRAFT DECEMBER 2013 B2-11 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes 188 25107124 Low Medium C-G (SABC) (RO) 0.4 7 Plumbing Contractors Yes Does not meet AB 2348 threshold requirements 189 25108102 Low Medium I (SABC) (RO) 0.7 12 Small Industrial Firms Does not meet AB 2348 threshold requirements 190 25108102 Low Medium I (SABC) (RO) 0.5 9 Small Industrial Firms Does not meet AB 2348 threshold requirements 191 25108122 Low Medium I (SABC) (RO) 2.0 36 Small Industrial Firms 192 25108123 Low Medium I (SABC) (RO) 0.2 3 Small Industrial Firms Does not meet AB 2348 threshold requirements 193 25108126 Low Medium I (SABC) (RO) 2.6 46 Small Industrial Firms 197 25109213 Low Medium C-G (SABC) (RO) 0.2 3 Vacant Yes Does not meet AB 2348 threshold requirements 198 25109214 Low Medium C-G (SABC) (RO) 0.2 3 Vacant Yes Does not meet AB 2348 threshold requirements 199 25109215 Low Medium C-G (SABC) (RO) 0.2 3 Single Family Home Does not meet AB 2348 threshold requirements 200 25109216 Low Medium C-G (SABC) (RO) 0.2 3 Offices Does not meet AB 2348 threshold requirements 201 25109217 Low Medium C-G (SABC) (RO) 0.2 3 Offices Does not meet AB 2348 threshold requirements 202 25109219 Low Medium C-G 0.1 1 Single Family Home Does not meet AB 2348 Housing Element Appendix B-2: Opportunity Sites B2-12 PUBLIC REVIEW DRAFT DECEMBER 2013 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes (SABC) (RO) threshold requirements 203 25109220 Low Medium C-G (SABC) (RO) 0.1 1 Used Car Dealership Does not meet AB 2348 threshold requirements 204 25110103 Low Medium C-G (SABC) (RO) 0.2 3 Small Shops Does not meet AB 2348 threshold requirements 205 25110104 Low Medium C-G (SABC) (RO) 0.3 5 Small Shops Does not meet AB 2348 threshold requirements 206 25110105 Low Medium C-G (SABC) (RO) 0.1 1 Small Shops Yes Does not meet AB 2348 threshold requirements 207 25110106 Low Medium C-G (SABC) (RO) 0.1 1 Small Shops Yes Does not meet AB 2348 threshold requirements 208 25110107 Low Medium C-G (SABC) (RO) 0.3 5 Small Shops Yes Does not meet AB 2348 threshold requirements 209 25110108 Low Medium C-G (SABC) (RO) 0.2 3 Small Shops Does not meet AB 2348 threshold requirements 210 25110109 Low Medium C-G (SABC) (RO) 0.1 1 Small Shops Does not meet AB 2348 threshold requirements 217 34335160 Low-Medium T (RO) 2.6 46 Nursery 218 26833106 Medium T (RO) 1.8 64 Plant Nursery Housing Element Appendix B-2: Opportunity Sites PUBLIC REVIEW DRAFT DECEMBER 2013 B2-13 Table B2-1: Opportunity Sites Site APN General Plan Residential Designation Zoning Acres Potential Units Existing Use Housing Authority Owned Notes 218a 2683312 Medium T (RO) 0.8 28 Plant Nursery 219 13745122 Medium C-G (RO) 1.0 36 Small Industrial Firm 220 13745124 Medium C-G (RO) 0.5 18 Vacant Building 221 13745125 Medium C-G (RO) 0.6 21 Small Industrial Firm TOTAL1 3,078 1 Sites not meeting the AB 2348 threshold of 16 units/site have not been included in the total potential units. Housing Element Appendix B-2: Opportunity Sites B2-14 PUBLIC REVIEW DRAFT DECEMBER 2013 Zoning Designations: RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 RM-1 RM-1 RM-2 RM-3 C-G C-NC C-R O-L O-H I T SP PR OS Single-Family Hillside Residential Single-Family Hillside Residential Single-Family Hillside Residential Single-Family Residential Single-Family Residential Single-Family Residential Single-Family Residential Multiple-Family Residential Multiple-Family Residential Multiple-Family Residential Multiple-Family Residential General Commercial Neighborhood Center Regional Commercial Low Intensity Office High Intensity Office Industrial Transitional Semi-Public Use Public Recreation Open Space SP 87-1 SP 88-1 SP 88-2 SP 88-3 SP 90-1 SP 90-2 SP 90-4 SP 92-1 SP 92-2 SP 93-1 SP 94-1 The Highlands at Anaheim Hills Specific Plan Sycamore Canyon Specific Plan The Summit of Anaheim Hills Specific Plan Pacific Center Specific Plan The Festival Specific Plan East Center Street Specific Plan Mountain Park Specific Plan The Disneyland Resort Specific Plan The Anaheim Resort Specific Plan Hotel Circle Specific Plan Northeast Industrial Area Specific Plan Planning Overlay Zones: BCC DMU MU MHP PTMU RO SABC Brookhurst Commercial Corridor Downtown Mixed Use Mixed Use Mobile Home Park Platinum Triangle Mixed Use (followed by district name) Residential Opportunity South Anaheim Boulevard Corridor Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-1 Appendix C: Review of Past Performance Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Housing Production Strategy 1A: Meet or Exceed the Production Goals of the Affordable Housing Strategic Plan (AHSP) The City shall continue to meet the housing production goals contained in the City’s Affordable Housing Strategic Plan (AHSP). Established in 2005 and revised in 2006, the AHSP has a goal of providing 1,328 new affordable family rental housing units by the end of 2009. The AHSP provides for 33 percent of the new units to be affordable to very-low income households, 33 percent to low income households, and 33 percent to moderate income households. Additionally, the City has initiated a no net loss requirement that requires any low income units lost due to City-initiated projects to be added to the following year’s targeted production number. The AHSP, including past progress, is reviewed by the City Council on an annual basis. The City Council may elect to 1) continue with the plan; 2) terminate the plan; or 3) make revisions to the plan. However, whether the AHSP is eliminated or extended beyond 2009, the affordable housing programs and goals identified in the Housing Element will continue, as will all the federal and HCD requirements for the City of Anaheim and Anaheim Redevelopment Agency. The City of Anaheim has been proactive in establishing the AHSP and establishing a quantifiable goal of 1,328 units. Based on the current production pipeline, the City expects to exceed its quantifiable goal and develop 1,571 affordable units. The Affordable Housing Strategic Plan initiated a number of other actions and On August 22, 2005, the City Council adopted the 2005-2009 Affordable Housing Strategic Plan (“Strategic Plan”) with the primary goal of constructing 1,200 affordable rental housing units with affordability levels of very-low, low and moderate income. The City Council subsequently increased the 2005-2009 Strategic Plan goal to 1,349 units. In October 2009, the City Council extended the Strategic Plan through 2014 and increased the goal to 2,812 units. The City Council also diversified the Strategic Plan to include affordable for-sale housing, rehabilitation of existing structures and preservation of “At-Risk” rental housing. Since 2005, 1,511 new rental, for-sale and rehabilitation units have been completed with another 655 in the development pipeline for a total of 2,166 affordable units. The projects that are completed, underway or in the development pipe- line are broken-out as follows: Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-2 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation programs which will continue as strategies during the 2006-2014 Planning Period. These strategies include: Housing Production Strategy 1B: Implementation of an Affordable Housing Overlay Zone, Housing Production Strategy 1C: Expedited Processing for Extremely-Low, Very-Low, Low and Moderate Income Housing Developments and Housing Production Strategy 1D: Redevelopment Agency Set-Aside Funds at 30% of Property Tax Increment. Given the loss of RDA Housing Set-Aside Funds utilized to implement the AHSP, the City’s strategy for new affordable housing construction will be reevaluated for new opportunities for the 2014-2021 Housing Element. Objective: 1,328 new affordable family rental units Responsible Party: Community Development/Planning Source of Funds: General Fund/Housing Set-Aside Funds Timeline for Implementation: December 2009 Rental New Construction (Completed): • The Vineyard – 60 units • Monarch Pointe – 63 units • Diamond Street – 25 units • Broadway Village – 46 units • Elm Street – 52 units • CIM – 277 units • Pradera Apartments – 146 units • Greenleaf Apartments – 20 units • Arbor View Apartments – 46 units • Vintage Crossings (South Street) – 92 units Rental New Construction (Underway/in Development Pipeline): • Cherry Orchard – 45 units • Anton Monaco Apartments – 229 units • Lincoln Family Apartments I – 51 units Lincoln Family Apartments II – 39 units For-sale Affordable Housing Projects (Completed): • Colony Park Phase I and II – 99 affordable units, 270 total units • Harbor Lofts – 44 affordable units, 129 total units • Habitat for Humanity – 4 units Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-3 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation For-Sale Affordable Housing Projects (Underway/in Development Pipeline): • Colony Park Phase III – 68 affordable units, 174 total units • Metropolitan Domain I (Anaheim Boulevard Residential Parcel B) – 6 affordable units, 54 total units • Metropolitan Domain II - Anaheim Boulevard Residential Parcel C – 4 affordable units, 36 total units • Colony Park Phase IV – 57 affordable units, 226 total units Rental Rehabilitation (Completed): • Integrity Hous e – 49 affordable units • Colette’s Children’s Home – 4 affordable units • Casa Del Sol – 4 affordable units • Mariposa Village – 8 units • Hermosa Village II – 112 units Hermosa Village III – 76 units • Hermosa Village IV – 36 units • Bel’Age Manor Apartments – 180 units Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-4 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Rental Rehabilitation (Underway/in Development Pipeline): • Avon Dakota Neighborhood Phase I– 16 units • Avon Dakota Neighborhood Phase II– 16 units • Hermosa Village V – 16 units • Paseo Village – 176 units Housing Production Strategy 1B: Implementation of an Affordable Housing Overlay Zone The City understands that land available for residential development is limited. As a part of the City’s Affordable Housing Strategic Plan and in order to encourage additional infill and redevelopment opportunities for the development of affordable housing units in Anaheim, the City will develop an Affordable Housing Overlay Zone. The Affordable Housing Overlay Zone will allow for residential development, when affordable units are provided, in areas of the City previously designated for non-residential uses or lower density residential uses. The City is currently analyzing the potential affordability levels and site constraints associated with the Affordable Housing Overlay Zone. This analysis has proven to be challenging, however, due to the fluid nature of the current housing market. Once this analysis is completed and the funding necessary to complete the associated environmental impact analysis is secured, staff will present the Overlay Zone to the Planning Commission and City Council for their formal consideration. Once approved, the Overlay Zone could be combined with other City programs, such as the Density Bonus Preparation of an Affordable Housing Overlay Zone, which was a component of the City’s 2005- 2009 Affordable Housing Strategic Plan, has been superseded by Housing Production Strategy 1V (Rezoning of Housing Opportunity Sites) and is no longer being pursued. Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-5 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation ordinance, to further attain affordable housing objectives. Objective: Development of an Affordable Housing Overlay Responsible Party: Planning/Community Development Source of Funds: General Fund Timeline for Implementation: December 2010 Housing Production Strategy 1C: Expedited Processing for Extremely- Low, Very Low, Low and Moderate Income Housing Developments The City shall continue to expedite discretionary entitlement and plan check for lower income housing developments. Expedited processing is provided as an incentive to encourage development of affordable housing projects. An expedited schedule was developed as part of the Affordable Housing Strategic Plan. The City shall evaluate the effectiveness of the expedited processing timelines and modify as needed to further encourage affordable housing development. Objective: Expedited processing for affordable housing developments. Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: Ongoing An expedited entitlement/plan review process for all affordable housing projects was established in 2009 and remains in effect. Through the expedited process, affordable housing projects realize a typical time savings of 20 days. Housing Production Strategy 1D: Redevelopment Agency Set-Aside Funds at 30% of Property Tax Increment The Anaheim Redevelopment Agency’s Housing Set-Aside Fund provides the Effective February 1, 2012, Redevelopment Agencies (RDAs) throughout the state were eliminated as stipulated under the approved AB 1X 26 legislation. As a result of the dissolution of Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-6 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation primary funding source for most of the affordable housing related activities in the City. Under state redevelopment law, the Agency is required to set-aside 30 percent of its tax increment revenues in order to increase, improve and preserve affordable housing. More importantly, the law requires that 85 percent ($85 million thru 2014) of the funds be used only for low or very-low income housing. The previous set-aside requirement was 20 percent, but in 2006, the Agency extended the life of the Merged Project Area by ten years, thus triggering the new 30 percent requirement. In fact, the Agency implemented the 30% set-aside policy in 2006, prior to the legal requirement to do so. As detailed in Table 3-19, through 2014, over $100.5 million in housing set- aside funds will be available to increase, improve and preserve the supply of affordable housing. The funds are used for a variety of projects, programs and activities, including: land acquisition, new affordable housing construction, substantial rehabilitation, and first-time homebuyer assistance. Objective: 30% of tax increment for Housing Set-Aside Responsible Party: Redevelopment Agency Source of Funds: Housing Set-Aside Timeline for Implementation: Ongoing RDAs, the Housing Set-Aside is no longer required or available. This action has had a drastic effect on the creation of affordable housing and the City’s ability to meet its future housing goals. On January 10, 2012, the City Council adopted a resolution electing to serve as the successor agency to the Anaheim Redevelopment Agency (Agency). As the successor agency, the City Council will administer the enforceable obligations of the Agency and wind down the Agency’s affairs, subject to the review of an “oversight board”. On January 24, 2012, the Governing Board of the Anaheim Housing Authority (Authority) adopted a resolution to assume the housing assets and functions previously held and performed by the Agency upon dissolution of the Agency. The Authority will have the ability to develop affordable housing should funding resources become available in the future. Despite the Community Development Department’s limited ability to continue to fund the production of affordable housing due to the State’s action to eliminate RDAs and the loss of approximately $15 million dollars annually in tax increment for Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-7 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation affordable housing, the Community Development Department continues to make steady progress towards achieving its overall RHNA allocation By using existing assets and other sources of funding. Housing Production Strategy 1E: Affordable Senior Housing Program The City recognizes the unique needs of its senior population. Seniors typically have fixed incomes and unique housing needs that are not generally included in market rate housing. The City shall continue to encourage through incentives (e.g. financial assistance, parking reductions, regulatory waivers, etc.) the development of a wide range of housing choices for seniors ranging from independent living to assisted living with services on-site, including healthcare, nutrition, transportation and other appropriate services. The City currently provides incentives for affordable senior housing through the Senior Citizens’ Apartment Project and Density Bonuses chapters of its Municipal Code. In addition to the above incentives, the Housing Authority’s Section 8 Housing Choice Voucher program also provides housing vouchers to 2,165 seniors, with an additional 2,624 currently on the waiting list. Objective: Senior Housing Development Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: Ongoing Recent senior housing activity completed is as follows: • Bel’Age Manor Apartments – 180 units • Memorial Manor Apartments – 75 units • Renewed Project Based Section 8 Voucher to extend affordability of Lincoln Court – 25 units Housing Production Strategy 1F: Availability of Housing for Larger Families The current Affordable Housing Strategic Plan encourages the development of larger family units Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-8 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation The City of Anaheim understands the availability of housing to accommodate larger families does not meet existing needs. The City recognizes and addresses this need through the Affordable Housing Strategic Plan (AHSP), which focuses specifically on the development of housing appropriately sized for families. The AHSP focuses on the development of 2-, 3- and 4-bedroom units. Of the affordable units currently under production, 85 percent are 2-, 3- and 4-bedroom units. Of the low and very-low income units, 91 percent are 2-, 3- and 4-bedroom units. The City shall continue to encourage and support the development of rental and for-sale housing for larger families within future affordable housing projects. Developers and builders of such projects will be encouraged to incorporate larger bedroom counts to accommodate the needs of larger families and reduce incidents of overcrowding in the existing housing stock. The City continuously reviews the AHSP to determine its effectiveness in increasing the development of units for larger families. As discussed in Policy Strategy 1A, with or without the AHSP, the City will continue to focus on providing affordable housing units for larger families through various strategies and programs including the Density Bonus Ordinance, expedited processing and Developer Incentive Program. Objective: Develop dwelling units with 2-, 3- and 4- bedroom counts Responsible Party: Redevelopment/Planning Source of Funds: Housing Set-Aside/General Fund Timeline for Implementation: Annually consisting of 2-, 3- and 4-bedroom units. Since 2006, nine new development projects were completed consisting of 525 larger family units. The projects include: • The Vineyard – 60 units • Monarch Pointe – 63units • Broadway Village – 46 units • Elm Street – 52 units • Pradera Apartments – 146 units • Greenleaf Apartments – 20 units • Arbor View Apartments – 46 units • Vintage Crossings (South Street) – 92 units Another large family project is expected to be completed in mid-2013 (Cherry Orchard), consisting of 45 units, which will bring the total to 570 larger family units completed. The Community Development Department also assisted St. Anton Monaco Partners, a developer that began construction of a 229 large family affordable rental project in Spring 2013. The Department assisted with entitlements and the issuance of bond financing for the project. Other large family affordable rental projects in the Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-9 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation development pipe-line include the following for a grand total of 921 units: • Calandula Court Apartments – 32 units • Lincoln Family Apartments I – 51 units Lincoln Family Apartments II – 39 units Housing Production Strategy 1G: Encourage the Development of Housing for Extremely-Low Income Households The City encourages the development of housing units for extremely-low income households earning 30% or less of the Median Family Income for Orange County. Specific emphasis shall be placed on the provision of housing types including transitional facilities, permanent special needs, senior housing and housing units serving temporary needs. The City currently has a number of developer incentives that it utilizes to create opportunities for affordable housing development. Some of these incentives include: funding development fees, land write-downs, ground leases, and density bonus processing and pre- development loans/grants. In addition, any development with an affordable housing component qualifies for an expedited review process through the City’s departments. All of these incentives would be available to apply towards the development of housing for extremely-low income households. Special needs projects. The City will continue to investigate additional incentives to encourage development of housing for extremely-low income households. Objective: 120 extremely-low income units Responsible Party: Redevelopment/Planning/Housing Authority Source of Funds: Housing Set-Aside/HOME/ CDBG Since 2006, 19 projects were completed or have obtained building permits. The projects, which consist of a total of 522 extremely-low income units, include: • The Vineyard – 6 units • Hermosa Village Phase II – 43 units • Hermosa Village Phase III – 19 units • Hermosa Village Phase IV – 4 units • Monarch Pointe – 10 units • Diamond Street – 24 units • Broadway Village – 5 units • Elm Street – 6 units • Arbor View – 5 units • Pradera Apartments – 100 units • Integrity House – 48 units • Greenleaf Apartments – 6 units • Collette’s Children’s Home – 4 units • Casa Del Sol – 4 units • Vintage Crossings (South Street) – 91 units • Cherry Orchard – 44 units Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-10 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Timeline for Implementation: 2014 • Mariposa Village – 8 units • Avon Dakota Phase I – 5 units • Bel’Age Manor – 90 units Housing Production Strategy 1H: Encourage the Development of Housing for Special Needs Households The City of Anaheim understands the need for housing to accommodate special needs households. Historically, the City has assisted in the development of housing projects for special needs households by providing technical assistance with tax credit applications, and public funds, including: ESG, CDBG, HOME and Housing Set-Aside funds. Three recent special needs developments benefited from the City’s technical assistance, long-term ground leases, and project based housing vouchers. Two other projects are currently under development that will service special needs households. The City shall continue to utilize similar incentives to encourage and support the development of rental housing for special needs families within future affordable housing projects. Developers and builders of such projects will be required to incorporate specialized social services to assist the special needs households, in exchange for these incentives. Objective: Develop units for special needs households Responsible Party: Redevelopment/Planning Source of Funds: ESG/CDBG/HOME/Redevelopment/General Fund Timeline for Implementation: Annually Since 2006, 89 special needs units have been completed and include: • Diamond Street – 24 units • Integrity House – 49 units • Colette’s Children’s Home – 4 units • Casa Del Sol – 4 units • Mariposa Village – 8 units Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-11 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Housing Production Strategy 1I: Implementation of The Platinum Triangle Master Land Use Plan During this planning period, the City will continue to implement The Platinum Triangle Master Land Use Plan and coordinate with developers proposing projects in this area in an effort to further encourage the production of high density housing. The Platinum Triangle represents an opportunity to replace an older industrial area with a dynamic mixed-use development district including higher density housing, residential-serving retail and amenities and employment-generating commercial/office uses. The Platinum Triangle Master Land Use Plan was developed in conjunction with the General Plan Update in 2004 and currently allows for development of up to 10,266 residential units within the 393 acres of The Platinum Triangle that are designated for mixed- use. Prior to the adoption of the master land use plan, no residential development was permitted within this area. Development intensities are allocated to individual properties on a first come basis through the approval of a development agreement. Since the creation of the Master Land Use Plan, 8,370 residential units have been entitled for development at an average density of 67 dwelling units per acre. Of these 8,370 entitled units; 390 units have been built; 1,530 units are under construction; applications for building permits for 196 units have been submitted but not yet been issued; and, 6,249 units have been approved through development agreements, but have yet to start construction or submit for building permits. The development agreements approved in conjunction with these projects do Implementation of the Platinum Triangle Master Land Use Plan continues with 1,920 residential units completed and an additional 6,543 units entitled to date. In addition, during the 2006 -2014 planning period, the City Council has approved amendments to the plan to increase the number of residential units permitted within this area from 9,825 residential units to up to 18,988 residential units at densities of up to 100 units/acre. The following apartment projects in the Platinum Triangle provided affordable rental opportunities at 80 percent and 120 percent of area median income without affordable covenants consisting of 1,213 units: • Park Viridian Apartments – 320 units • Avalon Anaheim Stadium Apartments – 221 units • Gateway/Archstone Apartments – 316 units • 1818 Platinum Triangle Apartments – 265 units • Anavia Apartments – 91 units Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-12 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation not set minimum rents or sale prices for these developments and, therefore, do not preclude the development of units affordable to moderate and low-income families. In addition, all of the City’s programs that encourage affordable housing can be utilized within The Platinum Triangle, including but not limited to, Redevelopment Agency set-aside funds; HOME program funds; the Density Bonus and Senior Citizens' Apartment Housing ordinances; developer incentives, including land write-downs and predevelopment loans/grants; down payment assistance programs; Section 8 programs; deferral of City development fees; exemption of Transportation and Impact Fees for Affordable Housing Developments; and, subsidies for tax credit projects. Amendments to the General Plan and Platinum Triangle Master Land Use Plan will likely be pursued to allow additional development intensity in response to anticipated market demand. Objective: Implementation of The Platinum Triangle Master Land Use Plan Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: 2024 Housing Production Strategy 1J: Development of Housing Information Clearinghouse The City understands that disseminating information about housing and housing related items in Anaheim will increase awareness and participation by the community. Through its Housing Counseling Agency, the City has been able to provide assistance to 5,135 individuals since 1999, and provide affordable The Community Development Department continues to use citywide public forums to conduct community outreach, including the four Neighborhood Councils and the Downtown Taskforce. In April 2012, the Anaheim Housing Counseling Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-13 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation housing information to approximately 1,800 individuals through its annual Homeownership Fair. To disseminate affordable housing information to a wider audience, the City shall establish an information clearinghouse accessible to the general public that provides a “one stop” location for comprehensive information about Anaheim’s housing projects, programs, policies, available funding, technical assistance, and other applicable items. In addition to consolidating information, the City will employ a “go to them” strategy by placing information in easily accessible locations including the City’s website, public facilities, at public events and at locations community members frequent. The Community Development Department and the Housing Authority are currently in the process of placing an inventory of affordable housing units and housing authority applications on-line. Objective: Facilitate Dissemination of Information Responsible Party: Community Development/Planning Source of Funds: General Fund/Housing Authority/ Redevelopment Timeline for Implementation: Establish outreach strategy and develop implementation plan and promotional materials by January 2010 Agency (AHCA) discontinued these services due to staff and funding reductions. However, Anaheim residents are still able to obtain housing counseling through the Anaheim office of the Neighborhood Housing Services of Orange County. The Community Development Department continues to maintain and improve various outreach programs to promote the City’s affordable housing programs. The Community Development Department has developed an Outreach/Resources Guide to serve as a tool for staff and a housing services resource for Anaheim residents. The Community Development Department uses several citywide public forums to conduct community outreach. These forums are a great information sharing resource and provide an invaluable tool for City staff and affordable housing developers to promote affordable housing. These forums include: Public Forums • East Neighborhood Council • West Neighborhood Council • South Neighborhood Council Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-14 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation • Central Neighborhood Council • Downtown Taskforce The Community Development Department also conducts housing program outreach though internal and external methods as follows: Signage • Downtown Affordable Housing and Future Development Promotional Banners • “Live Two Feet Away” Billboards • Homeownership Education Fair Banners • Free Foreclosure Prevention Workshop Banners • Advertisement at Various City Facilities Publications • Anaheim Magazine • Economic Development-Residential Opportunities • “Live Two Feet Away” Fliers • Local Newspaper Advertisement • Homeownership Education Fliers • Affordable Housing Fliers • Housing Navigator Newsletter Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-15 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Anticipated Future Resources • Promotional Materials Booth at Local Farmers Market • Community Center Promotional Materials • Promotional Materials Provided at Gas Company Customer Lobby • Promotional Materials at Local City Libraries • Channel 3 - Anaheim’s Local Cable Television Channel Housing Production Strategy 1K: Support for Community Housing Development Organizations (CHDOs) Each year the City of Anaheim receives a funding allocation from the HOME Investment Partnership Program (HOME). Historically, the City’s HOME allocation has been approximately $2 million per year; the allocation for FY 2008-2009 is $2,026,743. Per the HOME program regulations, a minimum of 15 percent of HOME funds must be allocated to qualified Community Housing Development Organization (CHDO). A CHDO is a non-profit community based organization with the capacity to develop affordable housing within the community it serves. Only projects in which the CHDO acts as a developer, sponsor or owner of housing are eligible to receive a part of the 15 percent HOME fund allocation. In FY 2008-2009, the amount of HOME funds allocated for CHDOs is $315,000. The Community Development Department has partnered with many non-profits and CHDOs in the past to develop Each year the City of Anaheim receives a funding allocation from the HOME Investment Partnership Program (HOME). Each year the allocation has steadily declined. In 2012, the City of Anaheim received a funding allocation from the HOME Investment Partnership of $296,659 to be made available to CHDOs organizations. In 2012, no projects were identified for funding. In 2011, the Community Development Department provided eight Project Based Vouchers and a loan in the amount of $510,736 to Community Housing Resources, Inc. (CHRI), a qualified CHDO, for the acquisition and rehabilitation of an 8-unit apartment Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-16 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation affordable projects, and will continue to do so on future projects. Objective: Provide funds to qualified CHDOs for affordable unit production Responsible Party: Community Development Source of Funds: HOME Timeline for Implementation: Annually property (Mariposa Village) for special needs housing. In addition, 48 Project Based Vouchers were provided and loan in the amount of $315,000 to Anaheim Supportive Housing for Senior Adults, a qualified CHDO for the Integrity House rehabilitation project. In 2010, the Department provided four Project Based Vouchers and a loan in the amount of $398,875 to CHRI for the acquisition and rehabilitation of a 4-unit apartment complex (Casa Del Sol) for special needs housing. Housing Production Strategy 1L: Developer Incentives Program This program offers developer incentives to promote housing development. Some of the incentives under the Developer Incentives Program are funded with HOME and Redevelopment Housing Set-Aside funds. Incentives and concessions offered to developers to offset increased costs associated with the affordable housing program requirements include: funding of development fees; write downs of land costs; long-term ground leases of public property; pre-development loans/grants; funding of off-site improvements; bond financing; density bonus incentives; and assistance with tax credit applications. Current housing production projections indicate that the Developer Incentive Program will help create approximately 1,800 new affordable housing units through 2014. The Community Development Department has assisted affordable housing developers by providing subsidy loans, long-term ground leases and miscellaneous rebates/fee credits to help offset total development costs. Due to the elimination of Redevelopment Set-Aside funds are no longer available. The City is continuing the Developer Incentive Program on a smaller scale without the availability of RDA Housing Set-Aside Funds. No funds were committed in 2012. Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-17 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Developer incentives are primarily supplied through land write downs and ground leases of Agency owned properties. Approximately $60 million of land acquisition has occurred in the past seven years, much of which is currently under development or will be developed within the current planning cycle. Objective: Financial Incentives for Developers (based on available funds) to create 1,800 new affordable housing units Responsible Party: Community Development/Agency/ Housing Authority Source of Funds: HUD/Housing Set-Aside Timeline for Implementation: Annually In 2011, the Community Development Department committed or expended the following assistance: Mariposa Village • 8 Project Based Vouchers consisting of approximately $1,701,360 in rent payments over a 15-year period • $510,736 HOME CHDO loan Cherry Orchard • 44 Project Based Vouchers consisting of approximately $5,301,900 in rent payments over a 15-year period • $5,751,682 in land/site preparation cost savings • $191,030 in rebates/fee credits In 2010, the Community Development Department committed or expended the following assistance: Casa Del Sol • 4 Project Based Vouchers consisting of approximately $570,240 in rent payments over a 15-year period • $398,875 loan Vintage Crossings (South Street) • 91 Project Based Vouchers consisting of Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-18 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation approximately $11,529,942 in rent payments over a 15-year period • $6,503,445 in land/site preparation cost savings • $786,606 in rebates/fee credits Other assistance provided to developers in 2010 consisted of $6,700,000 in down payment assistance for first time low-income buyers for the Colony Park Phase III and Anaheim Boulevard residential development projects. In 2009, the Community Development Department committed or expended the following assistance: Lincoln Anaheim • 100 Project Based Vouchers consisting of approximately $14,744,575 in rent payments over a 15-year period • $6,950,326 in land/site preparation cost savings • $1,163,169 in rebates/fee credits Manchester/Orangewood • 72 Project Based Vouchers consisting of approximately $11,062,115 in rent payments over a 15-year period Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-19 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation • $7,934,860 in land/site preparation cost savings Greenleaf Apartments • $254,317 in land cost savings • $199,036 in rebates/fee credits • $613,000 loan Collette’s Children’s Home • $530,000 loan Integrity House • 48 Project Based Vouchers consisting of approximately $4,024,247 in rent payments over a 15-year period • $315,000 loan Other assistance provided to developers in 2009 consisted of $4,571,000 in down payment assistance for first time low-income buyers, most of which was allocated to the Colony Park Development. Housing Production Strategy 1M: American Dream Down Payment Initiative (ADDI) The American Dream Down Payment Initiative (ADDI) aims to increase homeownership rates for lower income households, and to revitalize and stabilize communities. ADDI will help first-time homebuyers by providing assistance with down payment and closing costs. The ADDI program shall During the 2006-2014 planning period, ADDI funds were allocated and loans were made as follows: 2006 – None 2007 – Allocated: $287,000 / loans: 11 2008 – Allocated: $156,000 / loans: 5 2009 – Funding was not available in 2009. The Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-20 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation provide for down payment/closing cost assistance not to exceed the greater of 6 percent of the purchase price of a single-family housing unit or $10,000. ADDI offers a 3 percent simple interest rate and the monthly payments are deferred for up to 30 years. To promote the availability of the ADDI program, the City will include information, including application requirements, as part of the Housing Information Clearinghouse (see Housing Production Strategy 1J). The BEGIN Down-payment Assistance Program was added as a new affordable housing down-payment assistance program. Objective: 6 Low Income Families ($125,000/year) Responsible Party: Community Development Source of Funds: HOME Timeline for Implementation: Annually Department of Housing and Urban Development terminated this program. 2010 – Program no longer exists. BEGIN (New Down-payment Assistance Program) 2006 – 3 households 2007 – 6 households 2008 – 16 households 2009 – 16 households 2010 – 36 households 2011 – 20 households 2012 – 21 households Housing Production Strategy 1N: Second Mortgage Assistance Program (SMAP) The Second Mortgage Assistance Program (SMAP), funded with housing set- aside funds, provides deferred payment second mortgage loans to assist households who earn up to 120 percent of the area median income to purchase a home. This loan program offers a five percent simple interest rate, and monthly loan payments are deferred up to 30 years. The loans are available for up to 15 percent of the home value, not to exceed $50,000. This amount was later revised to $125,000 as gap financing for low-income households only and $100,000 for moderate-income households. Homebuyers are required to provide a minimum 3 percent down payment plus closing costs and repayment includes an equity sharing formula. SMAP (Second Mortgage Assistance Program) 2006 – 9 households 2007 – 8 households 2008 – 39 households 2009 – 31 households 2010 – 24 households 2011 – 17 households 2012 – 26 households Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-21 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Redevelopment Set-Aside funding no longer available. This will now be funded by the Recognized Obligations Payment Schedule (ROPS) pending State approval of contract commitment to the Colony Park development. Objective: 90 households Responsible Party: Redevelopment Agency Source of Funds: Housing Set-Aside/Recognized Obligations Payment Schedule (ROPS) Timeline for Implementation: 2014 Housing Production Strategy 1O: HOME Homebuyer Program The HOME Homebuyer Program provides deferred payment second mortgage loans to assist low income households in purchasing a home. This loan program offers a 3 percent simple interest rate and monthly loan payments are deferred for up to 30 years. Homebuyers are required to provide a minimum of 3 percent down payment. To promote the availability of the HOME Program Down Payment Assistance Program, the City will include information, including application requirements, as part of the Housing Information Clearinghouse (see Housing Production Strategy 1J). Objective: 108 households Responsible Party: Housing Authority Source of Funds: HOME Timeline for Implementation: 2014 HOME Homebuyer Program (deferred payment second mortgage loans) 2007 – 2 households 2008 – 10 households 2009 – 8 households 2010 – 6 households 2011 – 1 household 2012 – 0 households Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-22 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Housing Production Strategy 1P: Police Residence Assistance This program was designed to encourage homeownership for Anaheim police officers so that they can reside in Anaheim. Through this program, the City provides one-time, no interest forgivable loans of up to $10,000 to Anaheim police officers for purchase of an owner-occupied home within the City. Objective: 36 households Responsible Party: Community Development Source of Funds: General Fund Timeline for Implementation: 2014 Police Residence Assistance (forgivable loans) 2006 – 4 households 2007 – 1 household 2008 – 3 households 2009 – 3 households 2010 – 0 households 2011 – 0 households 2012 – 0 households Housing Production Strategy 1Q: Compliance with SB 2- Adequate Sites for Emergency Shelters/Transitional Housing Pursuant to the provisions of SB 2, the City shall analyze and amend the Zoning Code (Title 18 of the Anaheim Municipal Code) to allow for emergency shelters and transitional and supportive housing to homeless individuals and families for annual and seasonally estimated need. The City will comply with SB 2 by: • Considering amendments to the Commercial General (C-G) and Industrial (I) zoning provisions, or other suitable zone designations with sufficient capacity, to permit emergency shelters without discretionary approvals. The subject zoning category(s) shall include sites with sufficient capacity to meet the local need. Local need will be determined based on the methodology provided by HCD. • Amending the zoning code to ensure shelters are only subject to the same The City Council approved a code amendment to permit emergency shelters in the City’s Industrial (I) Zone subject to specified standards. A code amendment addressing transitional and supportive housing was adopted in September 2013 (Ordinance No. 6289). Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-23 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation development and management standards that apply to residential or commercial uses within the same zone. • Amending the zoning code to permit transitional and supportive housing as a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. Quantified Objective: Compliance with SB 2 Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: Compliance by June 2010 Housing Production Strategy 1R: Affordable Housing Program (AHP) The AHP offers down payment assistance in the form of a grant to low income first-time homebuyers. The grant is awarded by the Federal Home Loan bank only for the purchase of a new affordable housing unit. Objective: 12 households Responsible Party: Community Development Source of Funds: Federal Tax Credits/County of Orange Timeline for Implementation: 2014 Funding for AHP is currently not available. None funded during this period. Housing Production Strategy 1S: Housing Enabled by Local Partnerships (HELP) Program The HELP Program, which is funded by CalHFA and administered by the Anaheim Housing Authority, offers loans up to $25,000 to homeowners earning (HELP) Housing Enabled by Local Partnerships Program 2006 – 3 households assisted 2007 – 2 households assisted 2008 – 25 households assisted Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-24 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation less than 80 percent of the County Median Family Income. Loans are provided at 3 percent simple interest, fully deferred for 10 years. HELP Program funds are received on a project basis. Objective: 18 Households Responsible Party: Housing Authority Source of Funds: Cal HFA Timeline for Implementation: Annually 2009 – 16 households assisted 2010 – Program discontinued 2011 – Program discontinued 2012 – Program discontinued Housing Production Strategy 1T: Housing Stabilization Program The Housing Stabilization Program provides assistance to households facing foreclosure through the Anaheim Housing Counseling Agency by making referrals to appropriate agencies that can help restructure loan terms and/or provide financial assistance. The Agency anticipates high demand for this program due to the nationwide increase in home foreclosures. Recent passage of HR3221 will provide $4 billion in emergency assistance (CDBG funds) nationwide to communities hardest hit by the foreclosure and subprime crisis to purchase foreclosed homes, at a discount, and rehabilitate or redevelop the homes to stabilize neighborhoods and stem the significant losses in home values. Funds will be allocated at the local level and localities will be required to expend the funds within an 18-month period. Anaheim received $2.6 million and is currently establishing its local program. There are currently an estimated 1,205 homes in foreclosure and an additional 1,054 in pre- foreclosure as of September 23, 2008. In 2009, the first year funding was available, the Housing Counseling Agency referred 332 households facing foreclosure in the City to appropriate Agencies that help restructure loan terms and/or provide financial assistance. Four households were assisted in the purchase of a foreclosed home using Neighborhood Stabilization Program (NSP) funds in 2009 (801 N. La Reina Circle, 131 S. Connie Street, 1510 E. Cedar Avenue, 1312 N. Columbine, and 512 N. Bush). One household was assisted using NSP funds in 2010. Additionally, in 2010, the Community Development Department purchased a 4-unit apartment complex located at 833 S. Dakota Street for rehabilitation and conversion to affordable housing for extremely- Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-25 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Foreclosed and rehabilitated homes would be sold or rented to moderate income individuals and families, whose income do not exceed 120 percent of the area median income. At least 25 percent of the funds would be targeted to house low income and very-low income persons and families, whose incomes do not exceed 50 percent of area median income. Any profit from the sale, rental, rehabilitation or redevelopment of these properties must be reinvested in affordable housing and neighborhood stabilization. Objective: 200 referrals Responsible Party: Community Development Source of Funds: Housing Set-Aside Timeline for Implementation: 2014 low income families. In 2011, 12 households were assisted in the purchase a foreclosed home using NSP funds at the Harbor Lofts town home development. 2012 – Anaheim did not qualify for NSP funding after first round. Housing Production Strategy 1U: Land Acquisition and Write Downs The City recognizes that limited availability and high cost of land can have a direct effect on project feasibility. Historically, the Agency has relied on an aggressive land acquisition strategy to provide viable sites for affordable development. Of the affordable multi-family developments in the current production pipeline, eleven of the sites were acquired by the Agency, totaling 38.43 acres and 1,355 units. The Anaheim Redevelopment Agency shall continue its land acquisition policies and shall work towards the acquisition of up to 10 acres of land (aggregate) to facilitate the development of affordable housing. Funds for the acquisitions will come from the $14.4 million in annual housing set-aside funds. In addition to land acquisition, the Agency looks for opportunities to partner Since 2006, the Community Development Department has acquired 11 properties, totaling approximately 20 acres, for the development of affordable housing. Between 2007 and 2009 the Community Development Department provided land in the form of ground leases to the developers of affordable housing at The Vineyard, Monarch Pointe, Diamond Street, Greenleaf and Pradera Apartments (Lincoln Anaheim CHOC). These properties consisted of 13.7 acres and $17,084,662 in land cost savings to developers. In 2011, the Community Development Department entered into two additional ground leases consisting Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-26 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation with housing developers and assist with the development of affordable housing units. Land write-downs, in the form of a long-term ground lease, is one way in which the Agency has been able to ensure affordable housing development. In addition, the Agency has worked with developers to apply for and receive low income tax credits to assist with the financing of affordable developments. Objective: 10 Acres Responsible Party: Community Development Source of Funds: Housing Set-Aside Timeline for Implementation: Ongoing of 5 acres and $11,975,501 in land cost savings to the developers of Vintage Crossings (South Street) and Cherry Orchard. In 2012, the Community Development Department acquired four properties and entered into a ground lease consisting of 29,378 square feet and $2,365,000 in land cost saving to the developer (Avon Dakota). Housing Production Strategy 1V: Rezoning of Housing Opportunity Sites Appendix B-3: Opportunity Sites, identifies properties that are designated for residential land uses by the General Plan and have strong development or redevelopment potential to accommodate housing affordable to moderate and lower income households. However, the underlying zoning designation of these properties varies and many are not properly zoned to accommodate residential development at this time. For example, some sites are zoned for, and occupied by, commercial or industrial land uses although they are designated for future residential use by the General Plan. The goal of this Strategy is to develop an approach allowing “by-right” residential development of these sites in a manner that is consistent with the density allowed by their current General Plan designation. Properties that are City-owned, including those owned by the Anaheim Redevelopment Agency or Anaheim Housing Authority, can simply be reclassified to a zone that will allow “by–right” development at a density consistent with the General Plan designation. This The Residential Overlay Zone code amendment was adopted by the City Council in October 2011 and the sites were rezoned in September 2013 (Resolution No. 2013-150, Ordinance No. 6287 and Ordinance No. 6288). Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-27 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation approach is appropriate for sites in which residential development is imminent and there is no desire to retain existing commercial or industr ial uses on the site. For all other sites, an overlay zone will be applied that will provide the opportunity to develop “by right” housing consistent with the density permitted by the property’s General Plan designation. The City has successfully utilized overlay zones to promote residential development in areas such as South Anaheim Boulevard and The Platinum Triangle. Objective: Rezoning of Opportunity Sites Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: June 2010 Housing Conservation and Preservation Strategy 2A: Monitoring and Preservation of “At-Risk” Units To ensure the continued provision of affordable units, provide for regular monitoring of over 2,200 deed-restricted units. Of these units, 272 have been identified in this Housing Element that have the potential of converting to market-rate during the planning period. Provide for targeted outreach to owners of these units to encourage the extension and/or renewal of deed restrictions and/or covenants. In order to proactively address units at -risk of conversion, the City shall develop a program to partner with non-profit housing providers and develop a preservation strategy. The preservation strategy will allow the City to act The Community Development Department continues its ongoing monitoring of At-Risk units. In 2008, the Community Development Department extended the affordability term of the 180-unit Bel’ Age Manor senior apartment project. The Community Development Department continues to explore the preservation of the 180-unit Miracle HUD Senior Apartment Project to extend the affordability term of the project. The owner’s HUD 236 Contract is set to expire in 2013. The Community Development Department will continue to identify and preserve the other 236 HUD units whose terms will be expiring. Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-28 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation quickly if and when notice of conversion is received. As part of the strategy, the City shall ensure compliance with noticing requirements; conduct tenant education and pursue funding to preserve the units. Objective: Continual monitoring of all assisted units with focused effort on 272 at-risk units. Responsible Party: Community Development Source of Funds: Housing Set-Aside Timeline for Implementation: Annually The Community Development Department also continues to monitor the 2,595 units in its affordable rental housing stock. The City of Anaheim is also continuing to explore rehabilitation of the Heritage Park Apartments, a 94-unit senior housing project and the extension of the affordability covenants for the Anaheim Memorial Manor, a 75-unit senior housing project with affordability convents set to expire in 2014. The Community Development Department continues to explore the preservation of “At Risk” units. No projects were processed in 2012. Housing Conservation and Preservation Strategy 2B: Conservation of Existing Historic Resources Continue to provide guidelines, strategies and incentives for the conservation of existing historic resources through the City’s Historic Housing Preservation Rebate and Mills Act Programs. Provide outreach to residents within the City’s Historic Districts and owners of historic properties outside of these districts via print media, the City’s website and other media to inform them of the Mills Act tax and rebate program benefits. The Redevelopment Agency has assisted in the preservation of 19 historic 2006 – Mills Act Contracts Recorded: 47 Rebates: 16 rebates 2007 – Mills Act Contracts Recorded: 28 Rebates: 19 rebates 2008 – Mills Act Contracts Recorded: 20 Rebates: 14 rebates 2009 – Mills Act Contracts Recorded: 17 Rebates: 25 rebates 2010 – Mills Act Contracts Recorded: 14 Rebates: 5 rebates 2011 – Mills Act Contracts Recorded: 9 Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-29 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation structures. The City recently established “Heritage Park,” which will preserve 2 additional historic structures. Objective: 60 Mills Act contracts, 10 Rebates Responsible Party: Community Development Source of Funds: HUD Timeline for Implementation: Annual Rebates: 4 rebates 2012 – Mills Act Contracts Recorded: 9 Rebates: 0 (Rebates discontinued) Housing Conservation and Preservation Strategy 2C: Community-Based Neighborhood Enhancement Continue to encourage the involvement of neighborhood-based groups in the conservation, preservation and enhancement of neighborhood quality of life. Efforts will focus on community participation related to planning activities, strategies and programs that directly address quality of life in Anaheim’s neighborhoods. The City will continue focused outreach efforts, through a variety of marketing techniques (e.g., website, informational flyers, meetings, etc.) to inform residents of opportunities to better their existing neighborhoods. Objective: Community Participation Responsible Party: Planning/Community Development/ Police/Community Services Source of Funds: General Fund/HUD Timeline for Implementation: Establish outreach strategy and develop implementation plan by January 2010 The City of Anaheim’s Neighborhood Improvement Program (NIP) is a strong collaboration between City departments to share ideas and resources to improve Anaheim neighborhoods. The NIP has helped create a strong partnership between the City and other neighborhood stakeholders (residents, property owners, school officials, business community, faith community, non-profit organizations) to improve neighborhoods. The following projects have been completed through the NIP: 2012 • Orangewood Avenue – Speed feedback/radar sign relocation • Nohl Ranch Road –Speed feedback/radar sign relocation • Rose/Bush/Vine – Neighborhood parking Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-30 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation plan (one way traffic calming & street re- striping) • Guinida Lane neighborhood – Installment of speed lumps • Camino Pinzon neighborhood – Installment of speed lumps • Old Bridge neighborhood – Installment of speed lumps • Installment of 20 infill street light projects • Beach Boulevard – Street safety and signage project • Neighborhood clean ups: 38 total In addition to the projects above, the following projects are in design or are under construction: • Miraloma Park and Community Center – Site construction documents • Installment of 24 infill street light projects • Rose/Bush/Vine Neighborhood Concept Plan • Chain/Gain – Arterial street closure 2011 • Guinida Lane – Neighborhood street light project • Partnered with Public Works to improve Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-31 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation street and alley conditions in various neighborhoods • Partnered with Utilities to upgrade street lights in various neighborhoods • Corners of Wilhelmina Street/Resh Street & Wilhelmina Street/Pine Street – Construction of ADA access ramps • Sequoia Avenue, west of Brookhurst Street – Construction of sidewalk • Center Street – Crosswalk improvement in front of the Senior Center • Avon/Dakota neighborhood – Street slurry seal rehabilitation project • Acquisition of 4 buildings in the Avon/Dakota neighborhood for rehabilitation and creation of affordable rental housing. 2010 • Julianna Park improvements to deter crime • Acquisition of the Miraloma property in the Park Lane neighborhood for park and community center development • Guinida Lane neighborhood – Street light project • Improve street and alley conditions in Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-32 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation various neighborhoods • Upgrade street lights in various neighborhoods 2009 • Miraloma Avenue – Construction of a sidewalk and landscape beautification • Lemon/La Palma – Traffic calming project • 18 Street/alley lighting projects, which included the installation of 74 lights • Rio Vista/Jackson neighborhood – Street light project • Frontera Street – Landscaping project • Partnered with Parks Division to install playground equipment at Rio Vista Park • Thornton-Brady neighborhood – Installation of new flood channel gates • Purchase and installation of 8 street speed radar units As part of the NIP, the City of Anaheim conducts a variety of community outreach events/programs including: • Neighborhood Council Newsletter • Anaheim Religious Community Council meetings Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-33 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation • Partnerships with schools to hold Neighborhood Council meetings • Neighborhood cleanups: 32 in 2011 • Participated in the Anaheim Community Anti-Graffiti Effort • Participated in the Anaheim Complete Count Committee for the 2010 US Census • Participated in the Mayor’s “Hi Neighbor” initiative • Assisted with “Adopt-A-Neighborhood” graffiti removal events Housing Conservation and Preservation Strategy 2D: Neighborhood Improvement Program Continue the identification and mitigation of substandard units and properties exhibiting deferred maintenance through the Neighborhood Improvement Program. Focus efforts on the mitigation of substandard conditions through the proactive identification and prioritization of neighborhoods exhibiting significant blight. Identify opportunities to acquire substandard rental properties, rehabilitate the buildings and establish long-term affordability covenants. Focus effort on “Level III and IV” neighborhoods identified through the Neighborhood Improvement Program. “Level III” neighborhoods are characterized by moderate to substantial decline. “Level IV” neighborhoods are characterized by severe social, economic and physical decline. The City understands the Level III neighborhoods may advance to Level IV status if As described in the “Housing Conservation and Preservation Strategy 2C: Community-Based Neighborhood Enhancement” item above, several neighborhood improvement plans and efforts are underway to mitigate substandard housing in the City most challenged neighborhoods. Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-34 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation proactive efforts are not undertaken. Level III and Level IV neighborhoods are further described in Chapter 2. Objective: Mitigation of substandard units Responsible Party: Planning/ Community Services Source of Funds: General Fund/ HUD Timeline for Implementation: 2014 Housing Conservation and Preservation Strategy 2E: Relocation and Preservation of Historic Homes Continue to provide guidelines, strategies and incentives for the preservation and rehabilitation of existing historic homes through the City’s Historic Relocation and Preservation Program. The Lemon-Water historic development was developed under the program and included the relocation and rehabilitation of 7 historic homes. A third phase of the Lemon-Water development is planned, which will relocate and rehabilitate 11 additional historic structures. Objective: 20 Historic Homes Responsible Party: Community Development Source of Funds: Redevelopment Funds Timeline for Implementation: Ongoing 2006 – 0 homes 2007 – 1 home (211 N. Olive Street) 2008 – 3 homes (Center Street) 2009 – 9 homes (Water Street/Stueckle Avenue) 2010 – 0 homes 2011 – 0 homes 2012 – 0 homes Housing Quality and Design Strategy 3A: Sustainable Development/Green Building The City understands the importance of sustainable use of limited resources and In 2012, Vintage Crossings (South Street Apartments) received USGBC LEED Platinum certification. Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-35 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation embraces the concept of “green building” in new and existing housing development and neighborhoods. The City’s Green Building Program provides for expedited plan check, fee waivers and technical assistance for projects participating in the Green Building Program. To encourage “green building” practices in new and existing residential development, the City shall continue its efforts in providing financial assistance to projects meeting US Green Building Council’s LEED certification standards and Build it Green guidelines. The City shall continually analyze current trends and best practices and provide a program of incentives that will facilitate and encourage the incorporation of materials and technology that promote the development of high-efficiency, sustainable buildings and neighborhoods. Objective: Increased sustainable building practices Responsible Party: Public Utilities/Planning Source of Funds: Public Benefits Fund/General Fund Timeline for Implementation: Annually as funds are available In 2011, six projects received funding for achieving Green Building certification/rating or installing solar energy systems. Colony Developers completed five single family homes on in-fill parcels; each home received California Build It Green rating. Pradera Apartments, completed at the end of 2010, received funding for achieving California Build It Green and also received a rebate for the installation of a 20 kilowatt solar energy system. A solar energy system was also installed at the Greenleaf Apartment complex which will receive funding in 2012. Three projects received certifications in 2010. The Crossing at Anaheim (312 units) and Park Veridian Apartments (320 units) each received USGBC LEED New Construction – Gold rating and three single family homes in The Colony development received California Build-it Green rating. The Pradera Apartments and Greenleaf Apartments, projects completed in late 2010, have applied under Anaheim City Utilities Build-It-Green and Photo- voltaic System Programs. In 2008, the Broadway Village affordable housing project obtained a Green Building certification under the Anaheim City Utilities Build-It-Green Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-36 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Program. In 2007, the Vineyard Apartment project installed energy reduction measures through the City’s Utilities Department Photo-voltaic System Program. Housing Quality and Design Strategy 3B: Efficient use of Energy Resources in Residential Development Encourage residential developers/builders to maximize energy conservation through proactive site, building and building systems design, materials and equipment to maximize energy efficiency that exceed the provisions of Title 24 of the California Building Code. The City shall continue to implement the Home Incentives Program and provide for the purchase of Energy Star-rated appliances, other energy-saving appliances and conservation measures. To further promote efficient use of energy resources, the City shall investigate the feasibility and effectiveness of offering incentives or other strategies to further encourage energy conservation. Objective: Energy conservation Responsible Party: Public Utilities Source of Funds: Public Benefits Fund Timeline for Implementation: Annually as funds are available In 2012, the Public Utilities Department provided incentives for Affordable Housing units that exceed Title 24 requirements and meet or exceed Energy Star energy efficiency criteria. The following projects implemented energy-saving methods: 1. Colony Park – 20 affordable housing units were completed and the home design included Energy Star Dishwashers, ceiling fans, and over 2,100 sq. ft. of low-e, dual pane high performance windows 2. Mariposa Village – 8 units were upgraded with Energy Star low-e, dual pane high performance windows 3. Vintage Crossings (South Street) – All 92 units received Energy Star dishwashers and refrigerators, 304 Energy Star ceiling fans, and over 9,100 sq. ft. of low-e, dual pane high performance windows These three projects (totaling 120 units) resulted in Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-37 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation 90 kW and 116,321 kWh in annual energy savings. The Public Utilities Department also issued incentives to residential customers in existing homes where Energy Star appliances were installed and high efficiency conservation measures were taken. Under the City’s Utilities Department Public Benefits Program, the following projects received rebates for use of Energy Star appliances and other energy reduction measures which meet or exceed Title 24 requirements: • Manchester – 2011 • Greenleaf Apartments – 2010 • Lincoln Anaheim (CHOC) – 2010 • Diamond Street – 2008 • Broadway Village – 2008 • Hermosa Village IV – 2008 • The Vineyard – 2007 • Hermosa Village III – 2007 • Hermosa Village II – 2005 In fiscal year 2010-2011 (FY10-11) (July 1, 2010 to June 30, 2011), the Utilities Department provided affordable housing construction incentives for low Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-38 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation income customers at four projects, including: Colony Park, Arbor View, Greenleaf and Casa Del Sol. A total of 133 units received energy efficiency upgrades. In addition, the Department provided green building incentives for two market rate properties that received their green building certification, including The Crossing and Colony Park. A total of 297 units received energy upgrades above Title 24 requirements with Energy Star appliances, dual pane, low-e high efficiency windows and central air conditioners. Additionally, the Anaheim Public Utilities’ Home Incentives progra m provides rebates and energy savings for residential customers in existing homes. In FY10-11, the Department issued incentives to 3,228 residential customers in the amount of $355,551 for the installation of Energy Star appliances and high efficiency measures. This resulted in energy savings of 751,771 kWh and 810 kW. The Department provided funding for weatherization services and replacement of Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-39 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation inefficient appliances in the units that have central electric heating or cooling. In FY10-11, the Department provided services to 226 customers, resulting in energy savings of 127,503 kWh and 39 kW. In FY09-10 (July 1, 2009 to June 30, 2010), the Department issued incentives of $452,845 to residents for the installation of Energy Star appliances and high efficiency conservation measures (included in the total expenditure was $108,705 in American Recovery and Reinvenstments Act (ARRA) stimulus funding). During FY09-10, 3,008 customers participated in the program, achieving 688 kW demand savings and 1,066,906 kWh in energy savings. The measures the participants implemented include: installation of Energy Star clothes washers, dishwashers, refrigerators, room air conditioners, central air conditioners, ceiling fans, windows, as well as high efficiency attic fans, pool pump motors, whole house fans and air duct repair/replacement. Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-40 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Housing Quality and Design Strategy 3C: Adopt Reasonable Accommodation Procedures The City understands the importance of providing equal housing opportunity for persons with special needs. Persons with disabilities may require reasonable accommodations to meet their particular housing needs. To comply with federal and state housing laws, the City will analyze existing land use controls, building codes, and permit and processing procedures to determine constraints they impose on the development, maintenance, and improvement of housing for persons with disabilities. Based on its findings, the City will develop a policy for reasonable accommodation to provide relief from Code regulations and permitting procedures that may have a discriminatory effect on housing for individuals with disabilities. The policy shall include procedures for requesting accommodation, timeline for processing and appeals, criteria for determining whether a requested accommodation is reasonable, and ministerial approval for minor requests. Objective: Adopt Policy/Procedures Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: June 2010 Completed: Procedures for reasonable accommodation were incorporated into the zoning code in April 2011 (Ordinance No.6206). Housing Quality and Design Strategy 3D: Universal Design The City recognizes that all people have varying abilities and that many people will encounter temporary or permanent changes in ability to conduct the tasks necessary for daily living throughout their lives. Universal Design features Universal Design guidelines were created in 2012 and are available on the City’s website to guide the design and construction of homes to incorporate features that are usable by people of all abilities. These features help to create housing that can allow Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-41 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation create housing suited for people of all abilities and can allow residents to stay in their homes over their lifetime. The City shall explore programs and incentives to encourage provision of Universal Design features in housing. Objective: Explore programs and incentives for Universal Design Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: December 2010 residents to stay in their homes over their lifetime and create living environments that are safer and more accessible for everyone. Housing Quality and Design Strategy 3E: Child Care The City understands that finding adequate and convenient child care is critical to maintaining quality of life for many households in Anaheim. The City currently allows child day care centers in residential and commercial zones, subject to a conditional use permit. The City also allows large family day care centers by right. In addition, the City’s Zoning Code provides density bonuses and incentives for the inclusion of child care facilities in affordable housing projects. To reduce constraints to and encourage adequate child care facilities, the City will review the Zoning Code and implement appropriate revisions. Objective: Review and Revision of Zoning Code Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: December 2010 Several meetings and discussions have taken place with various child care interest groups and ways by which to streamline the City’s childcare permit process have been identified. In September 2013, the City Council adopted Ordinance No. 6286 which significantly eased the siting restrictions for large family day care homes. The following affordable projects included childcare and early head start programs: • Pradera Apartments • Vintage Crossings • Hermosa Village (Children’s Educational Programs) Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-42 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Housing Quality and Design Strategy 3F: Parks and Open Space The Green Element of Anaheim’s General Plan is a comprehensive plan to add more green areas throughout the City and enhance its natural and recreational resources. Parks and open space are important factors that contribute to Anaheim residents’ quality of life. As the City’s population grows and vacant land becomes scarce, the City will need to continue to explore creative opportunities to provide quality parks and open space for Anaheim residents. To identify these opportunities, the City will review the Green Element and make any necessary revisions or updates to provide opportunities to enhance and/or add to the City’s inventory and typology of parks and open space. Objective: Update General Plan Green Element Responsible Party: Planning/Community Services Source of Funds: General Fund Timeline for Implementation: June 2010 The City implements and amends the Green Element of the General Plan through ongoing planning processes. Since the adoption of the 2006- 2014 Housing Element, the City has added new parks, identified new park areas, and is working on programs to improve access and availability for outdoor access. Specific parks and open space projects, and their current status, include: • Anaheim Outdoors Connectivity Plan – City Council approved in May 2013 • Founders Park – Complete • Mira Loma Park and Community Center – Construction bids expected in Summer 2013 • Anaheim Coves – Complete • Expansion of Ponderosa Park – Starting design Spring 2013 • Public park in Colony Park – Complete • Circle Park – Add 0.2 acre pocket park to system – Under design • Olive Hills Park – Expand with a dog use area – Under study • 5 Coves – Northern extension of Anaheim Coves – Grant application pending • Nohl Ranch Road east of Canyon Library - Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-43 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Development of new park – Under study Housing Quality and Design Strategy 3G: Community Design The Community Design Element of Anaheim’s General Plan provides policy for the City’s built environment. This element addresses community-wide design features such as gateways, streets and public signage, as well as special policies for specific districts within the City. These policies are implemented by the Zoning Code (Title 18 of the Municipal Code), as well as by several topic or area specific design guidelines/plans such as the Affordable Housing Design Guidelines; The Anaheim Colony, Vision Principles and Design Guidelines; The Platinum Triangle Master Land Use Plan; and, the Greater Downtown of Anaheim Guide for Development. In order to ensure quality design of our City’s neighborhoods, the City will review the Community Design Element and recommend any necessary General Plan or Zoning Code amendments and/or the creation/modification of design guidelines to provide aesthetic direction for future residential development. Objective: Provide analysis and related recommendations Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: June 2010 Planning Department staff reviewed the Community Design Element of the General Plan and determined that amendments were not necessary. The Element continues to be referenced and used for housing projects and will be updated if necessary at a future date. Housing Quality and Design Strategy 3H: Definition of Family The City’s Municipal Code currently defines a Family as “An individual or a collective body of persons, living together as a single housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic bond of The City evaluated the current definition of family in the Municipal Code and found that no revisions were necessary to be consistent with State and federal fair housing laws. Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-44 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation social, economic and psychological commitments to each other, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, sorority, hotel, motel, or any residential or group care facility requiring a conditional use permit.” The City shall evaluate and amend, as appropriate, the definition of “family” to be consistent with State and federal fair housing laws. Objective: Definition of “family” consistent with fair housing laws Responsible Party: Planning Source of Funds: General Fund Timeline for Implementation: June 2010 Housing Rehabilitation Strategy 4A: Affordable Housing Acquisition and Rehabilitation The City shall continue to provide, through regulatory incentives such as expedited processing, financial incentives and development concessions, for the acquisition and rehabilitation of affordable housing. Efforts shall be focused on the acquisition, rehabilitation, conversion and accessibility of existing market- rate units to affordable units. The City shall also consider the feasibility of acquisition, rehabilitation and conversion of motels. The City Council has approved the continued acquisition and rehabilitation of apartment buildings in the Hermosa Village neighborhood in order to create and expand long-term affordability. The City has continued to implement an aggressive acquisitions program within this neighborhood. To date 518 units have been acquired, rehabilitated and converted to long-term affordable units. The Community Development Department completed Integrity House in 2010, Colette’s Children’s Home and Casa Del Sol in 2011, and Mariposa Village in 2012 consisting of eight extremely-low income units. In January of 2013, construction started on the Avon Dakota consisting of five extremely-low, 10 very-low, and one moderate income unit. The projects are described as follows: • Integrity House – 48 extremely-low units • Colette’s Children’s Home – 4 extremely- low units • Casa Del Sol – 4 extremely-low units • Mariposa Village – 8 extremely-low units Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-45 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation The City has commenced new acquisitions towards a possible fifth phase of development (8 units have committed assistance, See Appendix B4), and is analyzing the economic feasibility and tools for targeted acquisitions within some other Level III and Level IV neighborhoods. Recently, the Agency assisted in the rehabilitation of the Bel‘Age Manor senior housing development. The project involved the rehabilitation of 180 affordable housing units. Objective: 39 Very-low income units and 61 Low income units Responsible Party: Community Development Source of Funds: Housing Set-Aside Timeline for Implementation: Complete units by July 2014 • Avon Dakota Neighborhood – 5 extremely- low, 10 very-low, and 1 moderate unit The Housing Authority has also acquired or is in the process of acquiring additional properties for the creation of affordable housing as follows: • Hermosa Village Phase V – 5 extremely-low and 11 low-income units • Avon/Dakota neighborhood – 5 extremely- low, 10 very-low, and 1 moderate unit In 2012, the Community Development Department implemented a Housing Rehabilitation Rebate Program for the rehabilitation of very-low, low and moderate income units with code violations. 47 units were rehabilitated. The Community Development Department completed the Hermosa Village Acquisition/Rehabilitation Project Phases II through IV between 2005 and 2008 consisting of the construction of 25 extremely–low, 155 very-low, and 44 low-income units. In 2008, the Community Development Department also completed the rehabilitation of the Bel’Age Manor Senior housing project consisting of 180 very-low income units. Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-46 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Housing Rehabilitation Strategy 4B: Rehabilitation of Single Family Homes The City shall continue to provide rehabilitation loans for appropriate exterior and interior improvements that enhance the quality, safety, accessibility and livability of existing single-family homes. The Community Development Department shall continue to offer the CDBG, HOME and CalHome Rehabilitation Loan Programs for households earning 80 percent or less of the county MFI. Objective: 120 lower income households Responsible Party: Community Development Source of Funds: CDBG/HOME/CalHome Timeline for Implementation: 2014 2006 – 3 lower income households 2007 – 2 lower income households 2008 – 5 lower income households 2009 – 9 lower income households 2010 – 6 lower income households 2011 – 3 lower income households 2012 – Program discontinued Housing Rehabilitation Strategy 4C: Relocation Assistance As and when required by law, the City shall provide financial relocation assistance, such as payment of moving costs, for qualified tenants during City- assisted substantial rehabilitation of residential units. Relocation can be temporary or permanent. Objective: Relocation assistance as needed Responsible Party: Community Development Source of Funds: Redevelopment Funds/HOME/CDBG Timeline for Implementation: As needed 2006 – Relocated: 76 Benefits paid: $223,569 2007 – Relocated: 36 Benefits paid: $34,000 2008 – Relocated: 27 Benefits paid: $129,518 2009 – No relocation activity 2010 – No relocation activity 2011 – No relocation activity 2012 – Relocated: 10 Benefits paid: $103,224 Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-47 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Affordable Housing Opportunity Strategy 5A: Local Support of Regional Fair Housing Efforts The Fair Housing Council of Orange County (FHCOC) and similar agencies provide community education, individual counseling, mediation, and low-cost advocacy with the expressed goal of eliminating housing discrimination and guaranteeing the rights of all people irrespective of race religion, sex, marital status, ancestry, national origin, color, age, family size or disability to freely choose the housing for which they qualify in the area they desire. The City refers all inquiries for these services to the FHCOC and similar agencies and maintains literature and informational brochures at City Hall available for public distribution. The Anaheim Housing Authority publishes Housing Choice Voucher tenant and landlord newsletters with information regarding tenant/landlord laws and regulations. In addition, the Authority has created a Housing Opportunities Guide that is distributed to the Chamber of Commerce, non -profit organizations, and social service agencies. The Authority also participates in the annual Orange County social service forum where non-profit agencies come together to disseminate information on affordable housing and social services. To further outreach to the community, the City shall provide fair housing information as part of the City’s Housing Information Clearinghouse (see Housing Production Strategy 1J). Information will be provided in multiple languages and through print and electronic media that may include the City’s website, brochures and newsletters. Objective: Allocate $100,000 annually, based on program funding availability Responsible Party: Community Development 2006 – Allocated: $100,000 Served: 1,988 households 2007 – Allocated: $100,000 Served: 1,757 households 2008 – Allocated: $100,000 Served: 2,050 households 2009 – Allocated: $100,000 Served: 1,908 households 2010 – Allocated: $100,000 Served: 1,658 households 2011 – Allocated: $100,000 Served: 1,782 households 2012 – Allocated: $100,000 Served: 1,228 households Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-48 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Source of Funds: HUD Timeline for Implementation: Annually Affordable Housing Opportunity Strategy 5B: Section 8 Rental Assistance Program The Anaheim Housing Authority provides rental assistance through the Section 8 Housing Choice Voucher Program. Under this program, families/individuals whose annual income is below 50 percent of the HUD Area Median Income are referred to this program. Participants pay approximately 30 percent of their adjusted gross monthly income for rent. The Authority pays the remainder of the rent directly to the property owner. Funding for the Section 8 Rental Assistance Program is based on Congressional appropriations and is subject to available funds. To promote the availability of the Section 8 Rental Assistance program, the City will include information, including application requirements, as part of the Housing Information Clearinghouse (see Housing Production Strategy 1J). Quantified Objective: 5,198 Vouchers Annually Responsible Party: Housing Authority Source of Funds: HUD Timeline for Implementation: Annually 2006 – Allocated: 6,033 Leased:5,915 vouchers 2007 – Allocated: 6,033 Leased:5,876 vouchers 2008 – Allocated: 6,033 Leased:6,143 vouchers 2009 – Allocated: 5,198 Leased: 5,825 vouchers 2010 – Allocated: 6,033 Leased: 5,950 vouchers 2011 – Allocated: 6,033 Leased: 6,006 vouchers 2012 – Allocated: 6,133 Leased: 6,031 vouchers Affordable Housing Opportunity Strategy 5C: Section 8 Mainstream Housing Program Vouchers for Persons with Disabilities This program provides Section 8 rental assistance to very-low income persons with disabilities to enable them to rent private housing of their own in a non- 2006 – Allocated: 225 Leased: 251 2007 – Allocated: 225 Leased: 242 Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-49 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation segregated environment. The Housing Authority screens its current Section 8 waiting list for disabled persons who meet the eligibility requirements for this program. Once all of the disabled applicants on the Section 8 waiting list have been identified and assisted, the Housing Authority seeks disabled referrals from various local service providers. Housing Authority staff works closely with these local service providers to ensure that Section 8 tenants are receiving the supportive services they require in order to live independently. Objective: 225 Vouchers Responsible Party: Housing Authority Source of Funds: HUD Timeline for Implementation: Annually 2008 – Allocated: 225 Leased: 215 2009 – Allocated: 225 Leased: 220 2010 – Allocated: 225 Leased: 215 2011 – Allocated: 225 Leased: 224 2012 – Allocated: 225 Leased: 211 Non-Elderly Disabled Section 8 Vouchers 2011 – Allocated: 100 Leased 100* 2012 – Allocated: 100 Leased 100* (* New allocation for non-elderly disabled received in 2011) Affordable Housing Opportunity Strategy 5D: Section 8 Family Self Sufficiency (FSS) This program assists very-low income families in transitioning from living with the help of public assistance to economic self-sufficiency. Participants are required to complete a job training/education program and maintain suitable employment. The program creates an “escrow account” for each participant and holds money earned by participants above and beyond the income they received when they began participating in the FSS program. An FSS tenant has an 2006 – Goal 99 Participants: 97 2007 – Goal: 98 Participants: 102 2008 – Goal: 96 Participants: 96 2009 – Goal: 90 Participants: 95 Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-50 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation increase in earned income, which results in an increase in their portion of the rent, the tenant pays the increased rent amount and holds it in an escrow account. In order to receive the money held in the escrow account, a family must maintain employment and be off of all public assistance (except for rental assistance) for at least 12 months, and complete the goals outlined in their FSS contract with the Housing Authority. Objective: 90 participants Responsible Party: Housing Authority Source of Funds: HUD Timeline for Implementation: Annually 2010 – Goal: 100 Participants: 105 2011 – Goal: 100 Participants: 103 2012 – Goal: 100 Participants: 118 Affordable Housing Opportunity Strategy 5E: Section 8 Homeless Program Provide for Section 8 rental assistance for extremely-low and very-low income homeless households. The Anaheim Housing Authority shall set aside vouchers specifically for homeless households. Objective: 91 vouchers Responsible Party: Housing Authority Source of Funds: HUD Timeline for Implementation: Annually 2006 – Allocated: 91 Leased: 91 2007 – Allocated: 91 Leased: 91 2008 – Allocated: 91 Leased: 91 2009 – Allocated: 91 Leased: 50 2010 – Allocated: 91 Leased: 60 2011 – Allocated: 91 Leased: 48 2012 – Allocated: 91 Leased: 44 Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-51 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Affordable Housing Opportunity Strategy 5F: Project Based Voucher Program This program provides a rental assistance voucher to a property in exchange for the owner’s agreement to rent some or all of the housing units to Section 8 tenants and record a long-term affordability covenant on the units. New construction units, rehabilitated units and existing housing units qualify under this program. Objective: 654 vouchers Responsible Party: Community Development Source of Funds: HUD Timeline for Implementation: 2014 Since 2006, 422 Section 8 Project Based Vouchers have been approved for projects that have been leased up. 149 vouchers were processed for approval and lease up in 2011 and 2012. To date, the total number of Project Based Vouchers that have been approved for affordable housing projects is 710. No new Project Based Vouchers were processed in 2012. Affordable Housing Opportunity Strategy 5G: Emergency Shelter Grant Program The City shall utilize federal Emergency Shelter Grant (ESG) funds to assist people that are homeless or those who are at-risk of becoming homeless. The City shall distribute ESG funds to non-profit organizations that provide emergency or transitional shelter and supportive services to people that are homeless. ESG funds are contingent upon program funding availability. Objective: $220,000/year in Grants (estimated) Responsible Party: Community Development Source of Funds: HUD Timeline for Implementation: Annually A total of $195,000 in funds was distributed towards homeless assistance and prevention activities and a total of 12,421 persons were served by program service providers during calendar year 2011. Other years/persons served are as follows: 2006 – Allocated $220,000 / Persons served: 4,873 2007 – Allocated $189,004 / Persons served: 4,486 2008 – Allocated: $216,938 / Persons served: 4,656 2009 – Allocated: $195,000 / Persons served: 16,883 2010 – Allocated: $180,000 / Persons served: 11,683 Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-52 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation 2011 – Allocated: $195,000 / Persons served: 12,421 2012 – Allocated: $210,000 / Persons served: 11,872 Affordable Housing Opportunity Strategy 5H: One-Time Rental Assistance Program The City uses a portion of its Emergency Shelter Grant funds to operate the One-Time Rental Assistance Program (OTRAP). The program assists homeless families residing in a shelter or motel who have sufficient income to pay the monthly rent for permanent housing, but lack the funds necessary to pay the “upfront” costs of renting. Families who are “at risk” of being homeless are also eligible. Through 2014, the City will allocate approximately $175,000 for OTRAP, which will assist 105 low- and very-low income households with first month’s rent and security deposit. To promote the availability of the One-time Rental Assistance program, the City will include information, including application requirements, as part of the Housing Information Clearinghouse (see Housing Production Strategy 1J). Objective: Allocate $175,000 annually to assist 105 low and very-low income households Responsible Party: Housing Authority Source of Funds: HOME Timeline for Implementation: 2014 Low and very-low income households were assisted under the One-Time Rental Assistance Program as follows: 2006 – Allocated: $49,024 / Assisted: 37 households 2007 – Allocated: $48,935 / Assisted: 30 households 2008 – Allocated: $1,733 / Assisted: 13 households 2009 – Allocated: $24,957 / Assisted: 17 households 2010 – Allocated: $29,171 / Assisted: 17 households 2011 – Allocated: $18,822 / Assisted: 11 households 2012 – Allocated: $18,190 / Assisted: 13 households Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-53 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Affordable Housing Opportunity Strategy 5I: Counseling Assistance Program The City will reserve $500,000 in HOME funds to assist and/or prevent foreclosure of low and very-low single family owner occupied homes. The Housing Counseling Agency will provide counseling in the area's of lost mitigation and forbearance negotiations; provide financial resources to assist very-low and low income families reinstate delinquent mortgage loan payments and assist eligible families purchase foreclosures in strategic locations. The City will also consider the feasibility of establishing a program to acquire foreclosed properties and sell them to qualified low income families as long- term affordable units. Objective: 279 households counseled Responsible Party: Housing Authority Source of Funds: HUD Timeline for Implementation: 2014 Households that participated in the Counseling Assistance Program were as follows: 2006 – 312 households 2007 – 362 households 2008 – 402 households 2009 – 411 households 2010 – 595 households 2011 – 401 households 2012 – Program discontinued Affordable Housing Opportunity Strategy 5J: Workforce Housing The City shall explore opportunities to provide additional local housing options for the City’s workforce. These opportunities could include partnering with the City’s employers to create a housing land trust, encouraging the use of employer-issued housing vouchers, providing financial incentives for living and working in Anaheim, increasing public awareness of the City’s housing assistance programs and other creative public/private partnerships. Objective: Explore opportunities to encourage additional local workforce housing through community partnerships Since 2006, the Community Development Department has built 806 units of extremely-low, very-low, low and moderate-income rental workforce housing units consisting of: • The Vineyard – 60 units • Monarch Pointe – 63 units • Broadway Village – 46 units • Elm Street – 52 units • Pradera Apartments – 146 units Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-54 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation Responsible Party: Community Development/Planning Source of Funds: General Fund Timeline for Implementation: Ongoing • Arbor View Apartments – 46 units • Greenleaf Apartments – 20 units • CIM – 277 units • Colette’s Children’s Home – 4 units • Vintage Crossings (South Street) – 92 units Another 412 units are under construction or in the pipe-line as follows: • Cherry Orchard – 45 units • Avon Dakota Neighborhood Phase I– 16 units • Anton Monaco Apartments – 229 units • Avon Dakota Neighborhood Phase II– 16 units • Hermosa Village Phase V – 16 units • Lincoln Family Apartments I – 51 units • Lincoln Family Apartments II – 39 units In addition, the Community Dev elopment Department has built seven for-sale affordable projects consisting of a total of 8 very-low, 90 low, 134 moderate and 354 above moderate income units as follows: • Cantada Square – 41 affordable units, 82 total units • Cantada Lane – 8 affordable units, 28 total Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-55 Table C-1 Review of Past Performance (2006-2014) Strategy Progress in Implementation units • Habitat for Humanity – 4 affordable units • The Boulevard – 36 affordable units, 56 total units • Harbor Lofts – 44 affordable units, 129 total units • Ventura/Picadilly – 17 above-moderate units • Colony Park Phases I and II – 99 affordable units, 270 total units Another 490 for-sale units, including 135 affordable units, are under construction or underway and include: • Colony Park Phase III – 68 affordable units, 174 total units • Colony Park Phase IV – 57 affordable units, 226 total units • Metropolitan Domain I (Anaheim Boulevard Residential Parcel B) – 6 affordable units, 54 total units • Metropolitan Domain II (Anaheim Boulevard Residential Parcel C) – 4 affordable units, 36 total units Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-56 Table C-2 Progress in Meeting Quantified Objectives 2006-2014 Planning Period Program Quantified Objective Progress in Implementation New Construction Extremely Low 120 455 Very Low 668 206 Low 471 310 Moderate 809 1,693 Above-moderate 2,800 1,902 Total 4,868 4,566 Rehabilitation Multifamily Rehabilitation Extremely- Low -- 4 (Casa Del Sol) 4 (Collette’s Children’s Home) 48 (Integrity House) 25 (Hermosa Village II through IV) 8 (Mariposa Village) 90 (Bel’Age) Multifamily Rehabilitation Very- Low 39 90 (Bel’Age) 125 (Hermosa Village II through IV) Multifamily Rehabilitation Low 61 44 (Hermosa Village II through IV) Multifamily Rehabilitation Moderate -- 1 (Integrity House and Collette’s Children’s Home) 1 (Integrity House) Single Family Rehab Loans Extremely-Low -- 28 lower income households (as of 2012) Single Family Rehab Loans Very-Low 65 Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-57 Table C-2 Progress in Meeting Quantified Objectives 2006-2014 Planning Period Program Quantified Objective Progress in Implementation Single Family Rehab Loans Low 50 Single Family Rehab Loans Moderate 5 Total 220 Conservation At Risk Units Extremely-Low -- 90 (Bel’Age) At Risk Units Very-Low 51 90 (Bel’Age) At Risk Units Low 134 At Risk Units Moderate 75 Relocation and Preservation of Historic Homes 20 13 (as of 2012) Conservation of Historic Homes 60 Mills Act contracts and 10 rebates (annual) 9 to 47 recorded annually; 20.57 average 4 to 25 rebates annually; 11.86 average Assistance Programs American Dream Downpayment Assistance (ADDI) and Building Equity and Growth In Neighborhoods (BEGIN) 6 annually ADDI 5 to 11 annually; discontinued in 2009 BEGIN 3-36 annually; 16.86 average Second Mortgage Assistance Program (SMAP) 15 annually 8 to 39 annually; average 22 Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-58 Table C-2 Progress in Meeting Quantified Objectives 2006-2014 Planning Period Program Quantified Objective Progress in Implementation HOME Downpayment Assistance 18 annually 0 to 10 annually; average 3.86 Police Residence Assistance 6 annually 0 to 4 annually; average 1.57 Affordable Housing Program (AHP) 2 annually 0; funding discontinued Housing Equity Loan Program (HELP) 18 annually 2 to 25 annually; discontinued in 2010 Section 8 Rental Assistance 5,198 annually 5,198 to 6,133 vouchers allocated annually; 5,928 average 5,825 to 6,143 vouchers leased up annually; 5,963.71 average Section 8 Mainstream 225 annually 225 allocated annually; 211 to 251 leased up annually; 225.43 average Elderly disabled vouchers: 100 allocated annually; 100 leased (new allocation) in 2011 Section 8 FSS 90 annually 90 to 100 annual goal; 95 to 118 participants annually; 102.29 average Section 8 Homeless Program 91 annually 91 vouchers allocated annually; 44 to 91 leased up annually; 67.86 average Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-59 Table C-2 Progress in Meeting Quantified Objectives 2006-2014 Planning Period Program Quantified Objective Progress in Implementation Project Based Voucher Program 654 annually 710 total; 422 since 2006 and 149 in 2011/2012 One-Time Rental Assistance 17 annually 11 to 37 annually; 19.71 average Housing Stabilization Program referrals 33 annually 2009 -332 referrals; 17 households assisted in purchasing foreclosed homes with NSP funds Total 6,373 annually Housing Element Appendix C: Review of Past Performance PUBLIC REVIEW DRAFT DECEMBER 2013 C-60 This page is intentionally left blank. Housing Element Appendix D: Glossary of Housing Terms PUBLIC REVIEW DRAFT DECEMBER 2013 D-1 APPENDIX D: GLOSSARY OF HOUSING TERMS Above-Moderate-Income Household. A household with an annual income usually greater than 120% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available legibility limits established by the U.S. Department of housing and Urban Development (HUD) for the Section 8 housing program. Apartment. An apartment is one (1) or more rooms in an apartment house or dwelling occupied or intended or designated for occupancy by one (1) family for sleeping or living purposes and containing one (1) kitchen. Assisted Housing. Generally multi-family rental housing, but sometimes single-family ownership units, whose construction, financing, sales prices, or rents have been subsidized by federal, state, or local housing programs including, but not limited to Federal state, or local housing programs including, but not limited to Federal Section 8 (new construction, substantial rehabilitation, and loan management set-asides), Federal Sections 213, 236, and 202, Federal Sections 221 (d) (3) (below-market interest rate program), Federal Sections 101 (rent supplement assistance), CDBG, FmHA Sections 515, multi-family mortgage revenue bond programs, local redevelopment and in lieu fee programs, and units developed pursuant to local inclusionary housing and density bonus programs. Below-Market-Rate (BMR). Any housing unit specifically priced to be sold or rented to low- or moderate-income households for an amount less than the fair-market value of the unit. Both the State of California and the U.S. Department of Housing and Urban Development set standards for determining which households qualify as “low inc ome” or “moderate income.” (2) The financing of housing at less than prevailing interest rates. Build-Out. That level of urban development characterized by full occupancy of all developable sites in accordance with the General Plan; the maximum level of development envisioned by the General Plan. Build-out does not assume that each parcel is developed to include all floor area or housing units possible under zoning regulations. Community Development Block Grant (CDBG). A grant program administered by the U.S. Department of Housing and Urban Development (HUD) on a formula basis for entitled communities and administered by the State Department of Housing and Community Development (HCD) for non-entitled jurisdictions. This grant allots money to cities and counties for housing rehabilitation and community development, including public facilities and economic development Housing Element Appendix D: Glossary of Housing Terms D-2 PUBLIC REVIEW DRAFT DECEMBER 2013 Condominium. A structure of two or more units, the interior spaces of which are individually owned; the balance of the property (both land and building) is owned in common by the owners of the individual units. (See “Townhouse.”) Covenants, Conditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease. Deed. A legal document which affects the transfer of ownership of real estate from the seller to the buyer. Density Bonus. The allocation of development rights that allow a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision or preservation of an amenity at the same site or at another location. Density, Residential. The number of permanent residential dwelling units per acre of land. Densities specified in the General Plan may be expressed in units per gross acre or per net developable acre. Developable Land. Land that is suitable as a location for structures and that can be developed free of hazards to, and without disruption of, or significant impact on, natural resource areas. Down Payment. Money paid by a buyer from his own funds, as opposed to that portion of the purchase price which is financed. Duplex. A detached building under single ownership that is designed for occupation as the residence of two families living independently of each other. Dwelling Unit (DU). A building or portion of a building containing one or more rooms, designed for or used by one family for living or sleeping purposes, and having a separate bathroom and only one kitchen or kitchenette. See Housing Unit. Elderly Housing. Typically one- and two-bedroom apartments or condominiums designed to meet the needs of persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older, and restricted to occupancy by them. Emergency Shelter. A facility that provides immediate and short -term housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds. Supplemental services may include food, counseling, and access to other social programs. (See “Homeless” and “Transitional Housing.”) Housing Element Appendix D: Glossary of Housing Terms PUBLIC REVIEW DRAFT DECEMBER 2013 D-3 Extremely Low-Income Household. A household with an annual income equal to or less than 30% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S . Department of Housing and Urban Development (HUD) for the Section 8 housing program. Fair Market Rent. The rent, including utility allowances, determined by the United States Department of Housing and Urban Development for purposed of administering the Section 8 Program. Family. (1) Two or more persons related by birth, marriage, or adoption [U.S. Bureau of the Census]. (2) An Individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind [Governor’s Office of Planning and Research, General Plan Guidelines]. General Plan. A comprehensive, long-term plan mandated by State Planning Law for the physical development of a city or county and any land outside its boundaries which, in its judgment, bears relation to its planning. The plan shall consist of seven required elements: land use, circulation, open space, conservation, housing, safety, and noise. The plan must include a statement of development policies and a diagram or diagrams illustrating the policies. Goal. A general, overall, and ultimate purpose, aim, or end toward which the City will direct effort. Green Building. Green or sustainable building is the practice of creating healthier and more resource-efficient models of construction, renovation, operation, maintenance, and demolition. (US Environmental Protection Agency) Historic Preservation. The preservation of historically significant structures and neighborhoods until such time as, and in order to facilitate, restoration and rehabilitation of the building(s) to a former condition. Historic Property. A historic property is a structure or site that has significant historic, architectural, or cultural value. Household. All those persons—related or unrelated—who occupy a single housing unit. (See “Family.”) Housing Element Appendix D: Glossary of Housing Terms D-4 PUBLIC REVIEW DRAFT DECEMBER 2013 Housing and Community Development Department (HCD). The State agency that has principal responsibility for assessing, planning for, and assisting communities to meet the needs of low-and moderate-income households. Housing Element. One of the seven State-mandated elements of a local general plan, it assesses the existing and projected housing needs of all economic segments of the community, identifies potential sites adequate to provide the amount and kind of housing needed, and contains adopted goals, policies, and implementation programs for the preservation, improvement, and development of housing. Under State law, Housing Elements must be updated every five years. Housing Payment. For ownership housing, this is defined as the mortgage payment, property taxes, insurance and utilities. For rental housing this is defined as rent and utilities. Housing Ratio. The ratio of the monthly housing payment to total gross monthly income; also called Payment-to-Income Ratio or Front-End Ratio. Housing Unit. The place of permanent or customary abode of a person or family. A housing unit may be a single-family dwelling, a multi-family dwelling, a condominium, a modular home, a mobile home, a cooperative, or any other residential unit considered real property under State law. Housing and Urban Development, U.S. Department of (HUD). A cabinet-level department of the federal government that administers housing and community development programs. Implementing Policies. The City’s statements of its commitments to consistent actions. Implementation. Actions, procedures, programs, or techniques that carry out policies. Infill Development. The development of new housing or other buildings on scattered vacant lots in a built-up area or on new building parcels created by permitted lot splits. Jobs-Housing Balance. A ratio used to describe the adequacy of the housing supply within a defined area to meet the needs of persons working within the same area. The General Plan uses SCAG’s definition which is a job total equal to 1.2 times the number of housing units within the area under consideration. Land Use Classification. A system for classifying and designating the appropriate use of properties. Housing Element Appendix D: Glossary of Housing Terms PUBLIC REVIEW DRAFT DECEMBER 2013 D-5 Live-Work Units. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Low-Income Household. A household with an annual income usually no greater than 51%-80% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program. Low-income Housing Tax Credits. Tax reductions provided by the federal and State governments for investors in housing for low-income households. Manufactured Housing. Residential structures that are constructed entirely in the factory, and which since June 15, 1976, have been regulated by the federal Manufactured Home Construction and Safety Standards Act of 1974 under the administration of the U.S. Department of Housing and Urban Development (HUD). (See “Mobile home” and “Modular Unit.”) Mixed-Use. Properties on which various uses, such as office, commercial, institutional, and residential, are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A “single site” may include contiguous properties. Moderate-Income Household. A household with an annual income usually no greater than 81%-120% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program. Monthly Housing Expense. Total principal, interest, taxes, and insurance paid by the borrower on a monthly basis. Used with gross income to determine affordability. Multiple Family Building. A detached building designed and used exclusively as a dwelling by three or more families occupying separate suites. Ordinance. A law or regulation set forth and adopted by a governmental authority, usually a city or county. Overcrowded Housing Unit. A housing unit in which the members of the household, or group are prevented from the enjoyment of privacy because of small room size and housing size. The U.S. Bureau of Census defines an overcrowded housing unit as one which is occupied by more than one person per room. Housing Element Appendix D: Glossary of Housing Terms D-6 PUBLIC REVIEW DRAFT DECEMBER 2013 Parcel. A lot or tract of land. Planning Area. The area directly addressed by the general plan. A city’s planning area typically encompasses the city limits and potentially annexable land within its sphere of influence. Policy. A specific statement of principle or of guiding actions that implies clear commitment but is not mandatory. A general direction that a governmental agency sets to follow, in order to meet its objectives before undertaking an action program. (See “Program.”) Poverty Level. As used by the U.S. Census, families and unrelated individuals are classified as being above or below the poverty level based on a poverty index that provides a range of income cutoffs or “poverty thresholds” varying by size of family, number of children, and age of householder. The income cutoffs are updated each year to reflect the change in the Consumer Price Index. Program. An action, activity, or strategy carried out in response to adopted policy to achieve a specific goal or objective. Policies and programs establish the “who,” “how” and “when” for carrying out the “what” and “where” of goals and objectives. Redevelop. To demolish existing buildings; or to increase the overall floor area existing on a property; or both; irrespective of whether a change occurs in land use. Regional. Pertaining to activities or economies at a scale greater th an that of a single jurisdiction, and affecting a broad geographic area. Regional Housing Needs Assessment. A quantification by the local council of governments of existing and projected housing need, by household income group, for all localities within a region. Rehabilitation. The repair, preservation, and/or improvement of substandard housing. Residential. Land designated in the General Plan and zoning ordinance for building consisting of dwelling units. May be improved, vacant, or unimproved. (See “Dwelling Unit.”) Residential Care Facility. A facility that provides 24-hour care and supervision to its residents. Residential, Multiple Family. Usually three or more dwelling units on a single site, which may be in the same or separate buildings. Housing Element Appendix D: Glossary of Housing Terms PUBLIC REVIEW DRAFT DECEMBER 2013 D-7 Residential, Single-Family. A single dwelling unit on a building site. Retrofit. To add materials and/or devices to an existing building or system to improve its operation, safety, or efficiency. Buildings have been retrofitted to use solar energy and to strengthen their ability to withstand earthquakes, for example. Rezoning. An amendment to the map to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area. Second Unit. A self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a single lot. “Granny Flat” is one type of second unit. Section 8 Rental Assistance Program. A federal (HUD) rent-subsidy program that is one of the main sources of federal housing assistance for low-income households. The program operates by providing “housing assistance payments” to owners, developers, and public housing agencies to make up the difference between the “Fair Market Rent” of a unit (set by HUD) and the household’s contribution toward the rent, which is calculated at 30% of the household’s adjusted gross monthly income (GMI). “Section 8” includes programs for new construction, existing housing, and substantial or moderate housing rehabilitation. Shared Living Facility. The occupancy of a dwelling unit by persons of more than one family in order to reduce housing expenses and provide social contact, mutual support, and assistance. Shared living facilities serving six or fewer persons are permitted in all residential districts by Section 1566.3 of the California Health and Safety Code. Single-Family Dwelling, Attached. A dwelling unit occupied or intended for occupancy by only one household that is structurally connected with at least one other such dwelling unit. (See “Townhouse.”) Single-Family Dwelling, Detached. A dwelling unit occupied or intended for occupancy by only one household that is structurally independent from any other such dwelling unit or structure intended for residential or other use. (See “Family.”) Single Room Occupancy (SRO). A single room, typically 80-250 square feet, with a sink and closet, but which requires the occupant to share a communal bathroom, shower, and kitchen. Subsidize. To assist by payment of a sum of money or by the granting to terms or favors that reduces the need for monetary expenditures. Housing subsidies may take the forms or mortgage interest deductions or tax credits from federal and/or state income taxes, sale or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like. Housing Element Appendix D: Glossary of Housing Terms D-8 PUBLIC REVIEW DRAFT DECEMBER 2013 Substandard Housing. Residential dwellings that, because of their physical condition, do not provide safe and sanitary housing. Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population as defined in California Health and Safety Code Section 53260(d), and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. “Target population" means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. [California Health and Safety Code Sections 50675.14(b) and 53260(d)] Target Areas. Specifically designated sections of the community where loans and grants are made to bring about a specific outcome, such as the rehabilitation of housing affordable by Very-Low and Low-income households. Tax Increment. Additional tax revenues that result from increases in property values within a redevelopment area. State law permits the tax increment to be earmarked for redevelopment purposes but requires at least 20 percent to be used to increase and improve the community’s supply of very low and low income housing. Anaheim currently allocates 30 percent of its tax increment to increase and improve the community’s supply of very low and low income housing. Tenure. A housing unit is owner-occupied if the owner or co-owner lives in the unit, even if it is mortgaged or not fully paid for. A cooperative or condominium unit is owner- occupied only if the owner or co-owner lives in it. All other occupied units are classified as renter-occupied including units rented for cash rent and those occupied without payment of cash rent. Townhouse. A townhouse is a dwelling unit located in a group of three (3) or more attached dwelling units with no dwelling unit located above or below another and with each dwelling unit having its own exterior entrance. Transitional Housing. Shelter provided to the homeless for an extended period, often as long as 18 months, and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. (See “Homeless” and “Emergency Shelter.”) Housing Element Appendix D: Glossary of Housing Terms PUBLIC REVIEW DRAFT DECEMBER 2013 D-9 Undevelopable. Specific areas where topographic, geologic, and/or superficial soil conditions indicate a significant danger to future occupants and a liability to the City. Acronyms Used ACS: American Community Survey BMPs: Best Management Practices CALTRANS: California Department of Transportation CEQA: California Environmental Quality Act CIP: Capital Improvement Program DIF: Development Impact Fee DU/AC: Dwelling Units Per Acre EDD: California Employment Development Department FAR: Floor Area Ratio FEMA: Federal Emergency Management Agency HCD: Department of Housing and Community Development HOA: Homeowners Association HUD: Department of Housing and Urban Development LAFCO: Local Agency Formation Commission MFI: Median Family Income NPDES: National Pollutant Discharge Elimination System RTP: Regional Transportation Plan SCAG: Southern California Association of Governments SPA: Sectional Planning Area STF: Summary Tape File (U.S. Census) TOD: Transit-Oriented Development TDM: Transportation Demand Management TSM: Transportation Systems Management WCP: Water Conservation Plan Housing Element Appendix D: Glossary of Housing Terms D-10 PUBLIC REVIEW DRAFT DECEMBER 2013 This page is intentionally left blank. 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.