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PC 2015/09/21 City of Anaheim Planning Commission Agenda Monday, September 21, 2015 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Michelle Lieberman • Chairman Pro-Tempore: Mitchell Caldwell • Commissioners: Paul Bostwick, Bill Dalati, Grant Henninger, Victoria Ramirez, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Consent Calendar • 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 & Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, September 17, 2015, 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 & Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 09/21/15 Page 2 of 7 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 09/21/15 Page 3 of 7 Consent Calendar The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1-A FINAL SITE PLAN NOS. 2003-00008A AND 2004-00006A (DEV2015-00096) Location: Building 1 – 215 South Anaheim Boulevard and 110-160 West Center Street Promenade; Building 2 – 115-145 West Broadway; Building 3 – 165-185 West Broadway and 250-290 South Lemon Street; Building 4 – 201 West Broadway and 270-290 South Clementine Street. Request: To modify building colors for four existing Planned Mixed Use Developments within the Downtown Mixed Use Overlay zone. Environmental Determination: The Planning Commission will determine whether the addendum to the previously-certified Environmental Impact Report No. 189 for the Koll Anaheim Center Project, together with other previously- approved environmental documentation, serves as the appropriate environmental documentation for the Project Actions. Motion Project Planner: David See dsee@anaheim.net 09/21/15 Page 4 of 7 Public Hearing Items ITEM NO. 2 ZONING CODE AMENDMENT NO. 2015-00129 (DEV2015-00095) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying the following Zoning Code chapters related to: 1) regulations for automotive sales agency offices: Chapters 18.08 (Commercial Zones), 18.10 (Industrial Zones), 18.36 (Types of Uses), 18.38 (Supplemental Use Regulations) and 18.92 (Definitions); 2) development standards for special area setbacks: Chapters 18.20 (Platinum Triangle Mixed Use Overlay Zone) and 18.40 (General Development Standards); 3) floor area ratios: Chapters 18.08 (Commercial Zones), 18.10 (Industrial Zones) and 18.40 (General Development Standards); and, 4) projecting signs: (Chapter 18.44 (Signs). Environmental Determination: The Planning Commission will consider whether to find the Zoning Code Amendment to be Exempt from the provisions of the California Environmental Quality Act (CEQA) under Sections 15060(c)(2) and 15060(c)(3) of the Public Resources Code. Motion Request for continuance to October 5, 2015 Project Planner: Gustavo Gonzalez ggonzalez@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2015-05817 (DEV2015-00073) Location: 5800 East Santa Ana Canyon Road Request: To permit a 51-foot high, Wireless Communications Facility, designed as a bell tower, at an existing church. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 11 (Accessory Structures) Categorical Exemption. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net 09/21/15 Page 5 of 7 ITEM NO. 4 VARIANCE NO. 2015-05029 (DEV2015-00082) Location: 942 North Claudina Street Request: To construct a two-story, single family residence with smaller front and rear yard setbacks and fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption. Resolution No. ______ Project Planner: Amy Stonich astonich@anaheim.net ITEM NO. 5 RECLASSIFICATION NO. 2015-00280 CONDITIONAL USE PERMIT NO. 2015-05787 TENTATIVE TRACT MAP NO. 17882 (DEV2015-00057) Location: 1609 and 1615 West Cerritos Avenue Request: To rezone the property from the Single- Family, Residential (RS-2) zone to the Single–Family, Residential (RS-4) zone and to permit and establish a 12-unit small–lot residential subdivision with modifications to development standards. 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 32 (In-Fill Development Projects) Categorical Exemption. Motion Request for continuance to October 19, 2015 Project Planner: Amy Stonich astonich@anaheim.net 09/21/15 Page 6 of 7 ITEM NO. 6 ZONING CODE AMENDMENT NO. 2015-00124 (DEV2015-00025) Location: The Downtown Mixed Use Overlay Zone covers an area consisting of approximately thirty-five and forty-seven-hundredths (35.47) acres, generally located between Lincoln Avenue on the north, Broadway on the south, Anaheim Boulevard on the east, and Harbor Boulevard on the west. Request: A City-initiated amendment to Chapter 18.30 (Downtown Mixed Use Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code related to permitted, conditionally permitted, and prohibited non- residential classes of uses for Planned Mixed Use Developments, and other miscellaneous updates. Environmental Determination: The Planning Commission will consider whether to find the Zoning Code Amendment to be Exempt from the provisions of the California Environmental Quality Act (CEQA) under Sections 15060(c)(2) and 15060(c)(3) of the Public Resources Code. Motion Project Planner: David See dsee@anaheim.net Adjourn to Monday, October 5, 2015 at 5:00 p.m. 09/21/15 Page 7 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1:00 p.m. September 16, 2015 (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 & Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1-A PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: SEPTEMBER 21, 2015 SUBJECT: FINAL SITE PLAN NO. 2003-00008A AND FINAL SITE PLAN NO. 2004-00006A LOCATION: 215 S. Anaheim Boulevard and 110-160 West Center Street Promenade; 115-145 W. Broadway; 165-185 W. Broadway and 250-290 S. Lemon Street; 201 W. Broadway and 270-290 S. Clementine Street APPLICANT/PROPERTY OWNER: The applicant and property owner is Greystar, represented by Sean Lynch. REQUEST: The applicant proposes to revise final site and elevation plans for four existing Planned Mixed Use Developments within the Downtown Mixed Use Overlay zone. The revisions include modified building colors, new recreational amenities, and commercial space enhancements in conjunction with a “repositioning” project being proposed for the four mixed use buildings. RECOMMENDATION: Staff recommends that the Planning Commission approve, by motion, Final Site Plan No. 2004-00006A, and determine that the addendum to the previously-certified Environmental Impact Report No. 189 for the Koll Anaheim Center Project, together with other previously-approved environmental documentation, serves as the appropriate environmental documentation for the project actions. BACKGROUND: The project site consists of four Planned Mixed Use Developments within Downtown Anaheim. The properties are located in the General Commercial, Downtown Mixed Use Overlay (C-G; DMU Overlay) zone. The properties are designated for Mixed Use land uses by the General Plan. The properties are developed with four and five story mixed use buildings with commercial spaces on the ground floor and residential units on the upper floors. Surrounding uses include offices and parking structures to the north, east, and west, and an appliance store, apartments, single family homes, and churches to the south, across Broadway. FINAL SITE PLAN NOS. 2003-00008A AND 2004-00006A September 21, 2015 Page 2 of 3 On November 17, 2003, the Planning Commission approved Final Site Plan No. 2003-00008 permitting final elevation plans for the Broadway Arms mixed use project at 201 West Broadway. On December 13, 2004, the Planning Commission approved Final Site Plan No. 2004-00006 permitting final elevation plans for The Promenade, Doria Lofts, and Carnegie Plaza mixed used buildings at 110-160 West Center Street Promenade, 115-145 W. Broadway, and 165-185 West Broadway. The DMU Overlay zone requires that any modifications to final elevation plans be reviewed by the Planning Commission as a Reports and Recommendations item. PROPOSAL: The applicant requests review and approval of modified building colors for four mixed use buildings within Downtown Anaheim. According to the applicant, the modified building colors are part of an effort to reposition the four buildings to reflect a vibrant downtown area that includes high quality residential development, thriving commercial activity, and a pedestrian-friendly environment. The applicant’s repositioning strategy includes modernizing the appearance of the buildings, rebranding the project site under a new name (the “Mix”), modifying the paint colors, and adding recreational amenities such as a health club, remodeled leasing office and clubhouse, new pool, and new novelty rooms for the residents. The applicant also proposes to promote more restaurant and retail activity in the ground floor commercial spaces with modified signs, new patio spaces and awnings, storefront enhancements, modified paint colors, enhanced hardware and light fixtures, and decorative tenant plaques and window graphics. The proposed changes to each building are as follows: • The Promenade: The silver colored trim around the edge of the building would be painted black. The project also includes a new novelty room for the residents. • Carnegie Plaza: The beige colored horizontal banding, the cornice elements at the top of the building, and the awnings on the south side of the building, would all be painted black. The bottom two floors would be changed from rust color to a dark taupe color. The upper three floors would be painted a lighter taupe color. The project also includes a remodeled leasing office and new resident health club. • Doria Lofts: The existing beige and gray colors would be changed to dark blue, gray, and white horizontal banding. The horizontal cornice element would be painted black. The project also includes a new novelty room for the residents. • Broadway Arms: The existing beige and off-white colors would be changed to red, gray, and white. The horizontal cornice element would be painted dark gray. The project also includes a new resident clubhouse and pool area on the two existing second floor decks. FINAL SITE PLAN NOS. 2003-00008A AND 2004-00006A September 21, 2015 Page 3 of 3 ANALYSIS: The proposed building modifications are well designed and are complementary to the character of the downtown area, which is in the process of being rebranded as “Center City.” This rebranding effort is envisioned to be a recognizable urban city center and a public place that is dense, livable, active, and diverse, while capitalizing on existing infrastructure, new and existing amenities, historic features, and a mix of residential, commercial and civic uses. The applicant also presented the repositioning project to the Downtown Anaheim Association (DAA) and the DAA members expressed support for the project. In addition, the architecture of the mixed use buildings are consistent with Goal 11.1 in the Community Design Element of the General Plan, which encourages “architectural designs that are visually stimulating and varied, yet tasteful, containing rich contrasts and distinctive architectural elements.” CONCLUSION: Staff has found the proposed building improvements to be consistent with the vision of Downtown Anaheim and the Community Design Element of the General Plan, and recommends the Planning Commission approve the proposed building modifications. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Applicant’s Request Letter 2. Colored Elevation Plans and Repositioning Strategy C-G (DMU)POST OFFICE RM-4RELIGIOUS USE C-GCITY HALL C-G (DMU)OFFICES C-G (DMU)RETAIL C-G (DMU)RETAIL C-G (DMU)RETAIL C-G (DMU)PARKING STRUCTURE C -G (D M U ) R E T A I L C-G (DMU)CITY HALL C - G ( D M U ) R E S T A U R A N TC-G (DMU)PARKING STRUCTURE C-G (DMU)MIXED USE95 DU O-LCITY HALL C -G (D M U ) M I X E D U S E C-G (DMU)MUSEUM C -G (D M U ) O F F I C E S C -G (D M U ) M I X E D U S E C -G (D M U ) M I X E D U S E C -G S E R V I C E S T A T I O N / C A R W A S HC-GRELIGIOUS USE C - G ( S A B C ) R E L I G I O U S U S E C - G ( S A B C ) S F R C - G ( S A B C ) D U P L E X C - G ( S A B C ) F O U R P L E X R M - 3 ( S A B C ) D U P L E X C-G (SABC)APTS6 DU C-G (SABC)APTS6 DU T (SABC)SINGLE FAMILY RESIDENCE RM-4 (SABC)APTS22 DU I (MU)APARTMENTS I R E S T A U R A N T S C-G (DMU)RETAIL C - G ( D M U ) P A R K I N G S T R U C T U R E W C E N T E R S T R E E T P R O M E N A D E S C L E M E N T I N E S T S C L E M E N T I N E S T W O A K S T S L E M O N S T W E L M S T W B R O A D W A Y S A N A H E I M B L V D S . E A S T S T E. L INC O LN AVE W . BR O A D W A Y N . E A S T S T N . H A R B O R B L V D N . A N A H E I M B L V D E .B R O A D W AY S.MANCHESTER A V E W.L I N C O L N A V E S . H A R B O R B L V D S . A N A H E I M B L V D E . B R O A D WAY Building 1 – 215 S. Anaheim Boulevard and 110-160 West Center Street Promenade; Building 2 – 115-145 W. Broadway; Building 3 – 165-185 W. Broadway and 250-290 S. Lemon Street; Building 4 – 201 W. Broadway and 270-290 S. Clementine Street. DEV No. 2015-00096 Subject Property APN: 037-015-02037-015-04037-015-07037-015-10 to 037-015-21 °0 50 100 Feet Aerial Photo:May 2014 W C E N T E R S T R E E T P R O M E N A D E S C L E M E N T I N E S T S C L E M E N T I N E S T W O A K S T S L E M O N S T W E L M S T W B R O A D W A Y S A N A H E I M B L V D S . E A S T S T E. L INC O LN AVE W . BR O A D W A Y N . E A S T S T N . H A R B O R B L V D N . A N A H E I M B L V D E .B R O A D W AY S.MANCHESTER A V E W.L I N C O L N A V E S . H A R B O R B L V D S . A N A H E I M B L V D E . B R O A D WAY Building 1 – 215 S. Anaheim Boulevard and 110-160 West Center Street Promenade; Building 2 – 115-145 W. Broadway; Building 3 – 165-185 W. Broadway and 250-290 S. Lemon Street; Building 4 – 201 W. Broadway and 270-290 S. Clementine Street. DEV No. 2015-00096 Subject Property APN: 037-015-02037-015-04037-015-07037-015-10 to 037-015-21 °0 50 100 Feet Aerial Photo:May 2014 Promenade: Greystar Improvements Summary In April 2015, Greystar Real Estate Partners acquired The Promenade Apartments located in Downtown Anaheim. As a part of the investment strategy, Greystar plans to reposition the property through strategic capital improvements in excess of $6mm. The goal is to create a better experience for both the residents and retailers along Center Street, W Broadway and Lemon Street. Below is a quick summary of these improvements. 1. Rebranding: the projected will be re-branded under a new name (“The Mix”) with a new vision and additional signage a. Note: we do not plan to remove any of the existing signage (Promenade, Carnegie, Doria and Broadway) and the building names will remain, but they will all fall under “The Mix” umbrella 2. New paint: we plan to repaint all four (4) buildings a. Note: we do not plan to paint any brick or modify the existing façade (strictly new paint) 3. Retail enhancements: invest in the storefronts by executing the following improvements: a. New signage for retailers b. Create patio space for new restaurants c. Enhance existing metal awnings by inserting black die cute rectangles d. Paint existing planters black e. Install new reeded glass along top of storefronts f. New hardware and lighting fixtures g. Install tenant specific plaques along the storefronts 4. Leasing office [Carnegie]: reconfiguration the leasing office with a completely new layout and FF&E (furniture, fixtures and equipment) 5. New resident gym [Carnegie]: convert vacant retail space along Broadway into a resident gym 6. Resident clubhouse [Broadway Terrace #1]: convert existing gym into a resident lounge with kitchen area, TVs and game table. Enhance terrace with landscaping, ample seating and fire pit areas 7. New pool [Broadway Terrace #2]: construct new pool for residents along with lounge chairs, fire pits, and landscaping 8. Novelty rooms [Promenade & Doria]: create unique amenities for our residents such as a game room, study room, work room, movie room, etc. ATTACHMENT NO. 1 STRICTLY CONFIDENTIAL Promenade: Repositioning September 2015 South Lamar, Austin South Lake Union “Radius”, Seattle ATTACHMENT NO. 2 1STRICTLY CONFIDENTIAL Contents Prospect Place, New York 1 GREYSTAR 2 RESIDENTIAL REPOSITIONING 3 RETAIL REPOSITIONING Contents STRICTLY CONFIDENTIAL 2 Greystar1 3STRICTLY CONFIDENTIAL Who is Greystar? 4STRICTLY CONFIDENTIAL Greystar is a global leader in rental housing STRICTLY CONFIDENTIAL 5 Residential Repositioning2 6STRICTLY CONFIDENTIAL Creative Rebranding: “The Mix” 7STRICTLY CONFIDENTIAL Paint Schemes: Promenade -Before and After 8STRICTLY CONFIDENTIAL Paint Schemes: Carnegie -Before and After 9STRICTLY CONFIDENTIAL Paint Schemes: Doria -Before and After 10STRICTLY CONFIDENTIAL Paint Schemes: Broadway -Before and After 11STRICTLY CONFIDENTIAL Leasing Office 12STRICTLY CONFIDENTIAL Leasing Office 13STRICTLY CONFIDENTIAL Broadway: Club Terrace 14STRICTLY CONFIDENTIAL Pool Area: Existing Space 15STRICTLY CONFIDENTIAL Pool Area: New Layout & Design 16STRICTLY CONFIDENTIAL Pool Area: Elevation 17STRICTLY CONFIDENTIAL New Resident Gym: Convert Existing Retail Yoga Room 18STRICTLY CONFIDENTIAL Novelty Room: Wii 19STRICTLY CONFIDENTIAL Novelty Room: Work Room 20STRICTLY CONFIDENTIAL Novelty Room: Game Room 21STRICTLY CONFIDENTIAL Novelty Room: Study Room 22STRICTLY CONFIDENTIAL Novelty Room: Movie Room STRICTLY CONFIDENTIAL 23 Retail Repositioning3 The Mix | Anaheim Retail Experience Blade Sign Program new blade sign design applied to coordinate and unify tenant signage as well as create consistency and a creative sense of place. The Mix | Anaheim Retail Experience Retail Awning Program enhance existing metal awnings by inserting die cute rectangles to allow light to pass through creating interesting shadows and shade. replace existing ﬁxture with new updated pendant. The Mix | Anaheim Retail Experience Enhanced Retail Signage Program hand painted address signage new door hardware reeded glass accent 140 pendant at existing awnings enhance retail store fronts with hand painted address numbers, new door hardware and textured glass to create an updated consistent look. The Mix | Anaheim Retail Experience Enhanced Retail Signage Program 140 apply new decorative tile plaques to retail entrance sides with painted or mounted signage indicating store hours, menus or tenant brands. The Mix | Anaheim Retail Experience Enhanced Retail Lighting Program replace existing exterior lighting with new updated ﬁxtures to create ambiance and a fresh new look. The Mix | Anaheim Retail Experience Super Graphics Program pinpoint major areas to create memorable site presence by creatively placed and curated super graphics The Mix | Anaheim Retail Experience Super Graphics Program create a deﬁned street presence adding activity and vibrancy to the city’s streets. these cafes allow visitors and residents alike to sit outside, enjoy a meal or snack, while taking in the sounds and sights of urban life. The Mix | Anaheim Retail Experience Super Graphics Program update planters, awnings and site furnishings to reﬂect a more current and modern sensibility and achieve a new fresh feeling of aliveness. awnings update planters 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: SEPTEMBER 21, 2015 SUBJECT: ZONING CODE AMENDMENT NO. 2015-00129 LOCATION: Citywide APPLICANT/PROPERTY OWNER: City of Anaheim REQUEST: This application is a City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying the following Zoning Code chapters related to: 1) regulations for automotive sales agency offices: Chapters 18.04 (Single-Family Residential Zones), 18.06 (Multiple-Family Residential Zones), 18.08 (Commercial Zones), 18.10 (Industrial Zones), 18.16 (Regulatory Permits), 18.30 (Downtown Mixed Use (DMU) Overlay Zone), 18.32 (Mixed Use (MU) Overlay Zone), 18.36 (Types of Uses), and 18.38 (Supplemental Use Regulations); 2) development standards for special area setbacks: Chapters 18.20 (Platinum Triangle Mixed Use Overlay Zone) and 18.40 (General Development Standards); 3) floor area ratios: Chapters 18.08 (Commercial Zones), 18.10 (Industrial Zones) and 18.40 (General Development Standards); 4) projecting signs: Chapter 18.44 (Signs); and 5) commercial placemaking uses: Chapter 18.92 (Definitions) DISCUSSION: Staff requests a continuance of this hearing to allow sufficient time to re-notice this item to include additional amendments. RECOMMENDATION: Staff recommends that this hearing be continued to the October 5, 2015 Planning Commission meeting. Prepared by, Submitted by, Gustavo Gonzalez Jonathan E. Borrego Associate Planner Planning Services Manager 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: SEPTEMBER 21, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-5817 LOCATION: 5800 East Santa Ana Canyon Road (San Antonio de Padua Catholic Church) APPLICANT/PROPERTY OWNER: The agent is Ross Miletich representing the applicant, Verizon Wireless. The property owner is San Antonio de Padua Catholic Church. REQUEST: The applicant is requesting approval of a conditional use permit to allow a 51-foot high, wireless communications antenna designed as a bell tower at an existing church. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures) and approving Conditional Use Permit No. 2015-05817. BACKGROUND: This 6.2-acre site is currently developed with a church. The property is located in the “T” Transition and “SC” Scenic Corridor Overlay zones and the General Plan designates the site for Low Density Residential land uses. Surrounding land uses include single-family residences to the north across Santa Ana Road, single-family residences to the south and west, and a church with a private school and single-family residences to the east across Solomon Drive. PROPOSAL: The applicant is proposing to construct a 51-foot high, wireless communications antenna designed to look like a church bell tower. The antenna would be located approximately 78 feet from Santa Ana Canyon Road and 70 feet from Solomon Drive in a landscaped planter northeast of the church sanctuary. The associated equipment would be located within an existing eight-foot high, wood fence enclosure. The bell would be painted to match the exterior of the church and would be designed to look similar to the bell tower located on the southwest corner of the church building. The unmanned facility would operate 24 hours a day; seven days a week. Routine maintenance would occur every four to six weeks. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2015-05817 September 21, 2015 Page 2 of 3 FINDINGS AND ANALYSIS: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Telecommunications Facilities: Before the Planning Commission may approve a conditional use permit for a telecommunications facility that exceeds the height of the underlying zone, it must make the additional findings of fact that the evidence presented shows that all of the following conditions exist: 1) Alternatives shall be provided to staff, including but not limited to additional and/or different locations and designs, and has determined that the application as approved would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives; 2) Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for collocation of facilities or for the efficient operation of the proposed facility; and 3) Any negative impacts of the proposed facility are properly mitigated. The Zoning Code requires a conditional use permit for a wireless telecommunications facility in this zone. Antennas that are higher than the maximum height of the underlying may also be approved by conditional use. The purpose of the conditional use permit is to ensure compatibility with surrounding uses and to ensure the project site is adequate to accommodate the use in a safe manner. CONDITIONAL USE PERMIT NO. 2015-05817 September 21, 2015 Page 3 of 3 The Zoning Code allows structures up to 30 feet in height in this zone. The bell tower would be 51 feet high. The wireless facility would be significantly set back from the intersection of Santa Ana Canyon Road and Solomon Drive within an existing landscape planter. The proposed bell tower would be the same height and is designed to complement the other bell tower located southwest of the building. The facility would be located approximately 280 feet from the nearest residential zone boundary to the west and would be separated from the residential uses by the sanctuary building. Since the antenna would not be located adjacent to residential uses and is buffered by an intervening building, staff is not recommending a condition of approval that would limit maintenance hours. The applicant has submitted a site justification study which indicates that the height proposed for this facility is necessary to eliminate coverage gaps and enhance voice and data services in this area of the City. The benefits of this improved service would be better voice and reception quality, higher security and privacy for users and enhanced communications for emergency services. As required by the Zoning Code, the study also provides alternative locations and designs. Five properties within the search ring were considered. The applicant’s engineer determined the alternative locations and designs would not achieve the necessary coverage objectives, the sites did not have the necessary space for the facility or the property owners were not interested in leasing the space for the facility. The proposed antenna would have a lesser impact on the aesthetics of the area as compared to other alternative locations since it would be designed to match the church’s existing bell tower. CONCLUSION: Staff believes that the conditions exist for Planning Commission to make the required findings to approve this request. The proposed telecommunications facility would be compatible with surrounding land uses and would help support the local community by improving telecommunication service in the area. The facility is designed in a manner that minimizes visual and potential noise impacts on surrounding land uses, including adjacent residential neighborhoods. Staff recommends approval of the conditional use permit. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Applicant’s Letter of Request and CUP Justification 3. Photographic Simulations 4. Plans T (SC)HEPATHA LUTHERAN SCHOOL T (SC)RELIGIOUS USE T (SC)RELIGIOUS USERS-2 (SC)SINGLE FAMILY RESIDENCE RS-2 (SC)SINGLE FAMILY RESIDENCE R S -2 (S C ) S I N G L E F A M I L Y R E S I D E N C E R S -2 (S C ) S I N G L E F A M I L Y R E S I D E N C E RS-2 (SC)SINGLE FAMILY RESIDENCE RS-2 (SC)SINGLE FAMILY RESIDENCE R S -2 (S C ) S I N G L E F A M I L Y R E S I D E N C E RS-2 (SC)SINGLE FAMILY RESIDENCE RS-2 (SC)SINGLE FAMILY RESIDENCE RS-2 (SC)SINGLE FAMILY RESIDENCE R S -2 (S C ) S I N G L E F A M I L Y R E S I D E N C E R S -2 (S C ) S I N G L E F A M I L Y R E S I D E N C E R S -2 (S C ) S I N G L E F A M I L Y R E S I D E N C E R S -2 (S C ) S I N G L E F A M I L Y R E S I D E N C E R S -3 (S C ) S I N G L E F A M I L Y R E S I D E N C E R S -3 (S C ) S I N G L E F A M I L Y R E S I D E N C E R S -3 (S C ) S I N G L E F A M I L Y R E S I D E N C E R S -3 (S C ) S I N G L E F A M I L Y R E S I D E N C E E T R E E H O U S E L N E CONSTANTINE RD EPRA D OST E PASEOBALBOA E AVENIDA PORTOLA EPASEOMAGELLAN S C A L L E D I A Z E CICERO RD EARNO CRESCENT E HADRIANS CRESCENT S L E A N D R O S T N V I A C O R T E Z S L E A N D R O S T S C A L L E D A G A M A S S O L O M O N D R S S O L O M O N D R S VIA C O R TEZ E S A N T A A N A C A N Y O N R D E .N O HL RANCH RD E. LA PALMA AVE E .S A N T A A N A C A N Y O N R D E .C A N YON RI M R D S . R O Y A L O A K R D E .L A P A L M A A V E 5800 East Santa Ana Canyon Road DEV No. 2015-00073 Subject Property APN: 363-022-01 °0 50 100 Feet Aerial Photo:May 2014 E T R E E H O U S E L N E CONSTANTINE RD EPRA D OST E PASEOBALBOA E AVENIDA PORTOLA EPASEOMAGELLAN S C A L L E D I A Z E CICERO RD EARNO CRESCENT E HADRIANS CRESCENT S L E A N D R O S T N V I A C O R T E Z S L E A N D R O S T S C A L L E D A G A M A S S O L O M O N D R S S O L O M O N D R S VIA C O R TEZ E S A N T A A N A C A N Y O N R D E .N O HL RANCH RD E. LA PALMA AVE E .S A N T A A N A C A N Y O N R D E .C A N YON RI M R D S . R O Y A L O A K R D E .L A P A L M A A V E 5800 East Santa Ana Canyon Road DEV No. 2015-00073 Subject Property APN: 363-022-01 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05817 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00073) (5800 EAST SANTA ANA CANYON ROAD) 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. 2015- 05817 to permit a 51-foot high, ground-mounted Wireless Communications Facility designed as a bell tower at a church (herein referred to as the "Proposed Project") located at 5800 East Santa Ana Canyon Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 6.2 acres, is developed with a church. The Anaheim General Plan designates the property for Low Density Residential land uses. The Property is located in the "T" Transition Zone and is subject to the zoning and development standards of Chapter 18.14 (Public and Special-Purpose Zones) of the Anaheim Municipal Code (the "Code"). The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code apply to the Property and supersede any inconsistent regulations of the "T" Transition Zone. The Proposed Project is not inconsistent with any regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code. As such, the Property and the Proposed Project are subject to the zoning and development standards described in Chapter 18.14 (Public and Special Purpose Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 21, 2015 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against said proposed Conditional Use Permit No. 2015-05817, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2015-*** WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 11 – Accessory Structures) which consist of the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, and that, therefore, pursuant to Section 15311 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2015-05817, does find and determine the following facts: 1. The request to permit a 51-foot high ground-mounted Wireless Communications Facility designed as a church bell tower in the "T" Transition Zone is an allowable use under Section 18.14.030 (Uses) of the Code subject to a conditional use permit and the placement, design and screening criteria set forth in paragraph .0511 of Subsection .050 (Design Standards) of Section 18.38.060 (Antennas – Telecommunications) of the Code. 2. The request to permit a 51-foot high ground-mounted Wireless Communications Facility designed as a church bell tower will 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 Proposed Project will be located in an area of the Property containing an identical bell tower that is similar in height; and 3. The size and shape of the site for the proposed 51-foot high Wireless Communications Facility designed as a church bell tower 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 site can accommodate the telecommunications facility without creating detrimental effects on adjacent properties. 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 no traffic will be generated by this unmanned telecommunications facility; 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 Proposed Project will be compatible with surrounding land uses. 6. Alternatives locations were provided to staff, including but not limited to additional and/or different locations and designs, and it has determined that the application as approved would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives; 7. Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for collocation of facilities or for the efficient operation of the proposed facility; and - 3 - PC2015-*** 8. Any negative impacts of the proposed facility are properly mitigated since the bell tower would be designed to look similar to the existing bell tower. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons stated herein above, that Conditional Use Permit No. 2015-05817 is hereby approved, 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. - 4 - PC2015-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 21, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on September 21, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of September, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05817 (DEV2015-00073) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. Planning & Building Department, Code Enforcement Division 2 The ground-mounted Wireless Communications Facility designed as a church bell tower shall not exceed 51 feet in height. Planning & Building Department, Planning Services Division 3 The wood fence screening the equipment shall be painted to match the existing church. Planning & Building Department, Planning Services Division 4 Clinging vines shall be planted and maintained on the wood fence equipment enclosure. Planning & Building Department, Planning Services Division 5 No signage, flags, banners or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building. Planning & Building Department, Code Enforcement Division 6 The Wireless Communications Facility equipment operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. The Wireless Communications Facility equipment operator shall resolve all interference complaints within twenty-four (24) hours. Police Department - 7 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 7 The Wireless Communications Facility shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Director of the Planning Department and/or his or her designee. Planning & Building Department, Planning Services Division 8 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 & Building Department, Planning Services Division 9 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 & Building Department, Planning Services Division ATTACHMENT NO. 2 ©2014 Google Maps 5800 East Santa Ana Canyon Road Anaheim CA 92807 Imperial Canyon Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking southwest from Santa Ana Canyon RoadProposed View 1 proposed bell tower ATTACHMENT NO. 3 ©2014 Google Maps 5800 East Santa Ana Canyon Road Anaheim CA 92807 Imperial Canyon Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking northwest from Solomon DriveProposed View 2 proposed bell tower ©2014 Google Maps 5800 East Santa Ana Canyon Road Anaheim CA 92807 Imperial Canyon Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking northeast from parking lotProposed View 3 proposed bell tower ©2014 Google Maps 5800 East Santa Ana Canyon Road Anaheim CA 92807 Imperial Canyon Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking southeast from Santa Ana Canyon RoadProposed View 4 proposed bell tower A T T A C H M E N T N O . 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: SEPTEMBER 21, 2015 SUBJECT: VARIANCE NO. 2015-05029 LOCATION: 942 North Claudina Street APPLICANT/PROPERTY OWNER: The applicant and property owner is Mariano Luchetti. REQUEST: The applicant proposes to construct a two-story, single family residence with smaller front and rear yard setbacks and fewer parking spaces than required by code. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that a Class 3 Categorical Exemption (New Construction or Conversion of Small Structures) is the appropriate environmental documentation for this request approving Variance No. 2015-05029. BACKGROUND: This 1,945 square foot lot is vacant and is located in the RM-4 (Residential, Multiple-Family) zone. The General Plan designates this and surrounding properties for Low Density Residential land uses. On October 4, 1982, the Commission approved a variance to allow the development of a single-family residence with greater lot coverage, smaller setbacks and fewer parking spaces than required by code. This residence was never built. A previous residence was demolished in March, 1984. On September 13, 2010, the Planning Commission approved another variance to construct a two-story, single family residence with smaller front and rear yard setbacks and fewer parking spaces than required by code. This residence was never constructed and the variance expired. PROPOSAL: The applicant proposes to construct a 1,317 square foot, 3-bedroom two-story residence with a one-car garage and one parking space in front of the garage. The residence would have an 11 foot, six inch to 22 feet, 10 inch front yard setback at the first floor. A portion of the second floor would project one foot further into the setback. A 10 foot rear yard setback and five foot side yard setbacks are proposed. VARIANCE NO. 2015-05029 September 21, 2015 Page 2 of 3 FINDINGS AND ANALYSIS: Before the Planning Commission may approve a variance, it must make a finding of fact that the evidence presented shows that the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; 2) That, because of the special circumstances, shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The Zoning Code allows a single-family residence to be constructed in the RM-4 Zone by utilizing either the RS-2 or RS-3 single-family development standards, depending on the size of the lot. The RS-2 zone minimum lot area is 7,200 square feet and the RS-3 zone is 5,000 square feet. The RS-3 standards were utilized for this project because the small size of the lot. A variance is required because the project would have smaller front and rear yard setbacks and fewer parking spaces than required by the Zoning Code. The following table compares the RS-3 development standards to the proposed project: A variance recognizes that there may be individual lots within a zone or tract that, because of size, peculiar shape, or unusual topography cannot be reasonably developed if all the development standards for the zone are strictly applied. The applicant has submitted a letter of justification indicating that the small size of the lot makes it difficult to meet all of the development standards while providing adequate floor area for the proposed residence. Staff believes that the residence is designed in a manner that is sensitive to the adjacent properties by providing the code required setback for the side yards, and 10 foot front and rear setbacks that are compatible with the neighborhood. With a variance, the property owner would be allowed to use his property in a manner that is basically consistent with the development standards of the RS-3 Zone. Claudina Street includes a mix of single-family and multiple-family residential uses. The majority of buildings are one-story, however, two-story residences are located throughout the surrounding neighborhood and the surrounding properties could be developed by right with two-story structures. Staff believes that this single family residence will be compatible with other residences in the neighborhood. Because this lot is small, staff believes that there are Standard RS-3 Zone Proposed Front Yard Setback 15 ft. 10 ft., 6 in. to 22 ft., 10 in. Rear Yard Setback 15 ft. 10 ft. Side Yard Setback 5 ft. 5 ft. Height Limit 30 ft. 24 ft. Overall Lot Coverage 40% 38% Rear Lot Coverage 35% 33% Parking 4 spaces (2 in a garage) 2 spaces (1 in a garage) VARIANCE NO. 2015-05029 September 21, 2015 Page 3 of 3 special circumstances applicable to the property and that the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. A parking variance is required to allow two spaces (one garage space and one space in front of the garage), where four spaces is required. Plans show that an existing single-car drive apron would be utilized for vehicular access to the property. The proposed parking is consistent with the two previously approved variances for this property. The potential to provide more than two parking spaces on the property by expanding the driveway would be difficult due to the physical constraints of the property, including the small size of the lot and the location of an existing power pole that is located in the middle of the parkway. Staff anticipates that the on-site parking for two vehicles would be adequately to accommodate the parking needs of the residence and that the granting of this variance will not impact adjacent properties or streets in the vicinity. In order to insure that the garage is available for parking, a condition of approval has been included which states that the garage shall not be used for storage and shall be available for parking a vehicle at all times. This property owner experiences hardship because of the size of the site. It places the property owner at a disadvantage with other landowners in the same zone. The hardship is peculiar and unique to this property owner and not shared by other property owners in the same zone. CONCLUSION: Staff believes that the request to construct a two-story, single family residence on this legal non-conforming lot is justified because of the limited size of the lot and therefore, recommends approval of the project subject to the recommended conditions of approval. Prepared by, Submitted by, Amy Stonich, AICP Jonathan E. Borrego Contract Planner Planning Services Manager Attachments: 1. Draft Variance Resolution 2. Letter of Request 3. Site Photos 4. Plans RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-3DUPLEX RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-3DUPLEX RM-4SINGLE FAMILY RESIDENCERM-4DUPLEX C-GINDUSTRIAL RM-4SINGLE FAMILY RESIDENCE RM-4SINGLE FAMILY RESIDENCE RM-4SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-3DUPLEX RS-3DUPLEX RM-4SINGLE FAMILY RESIDENCE RM-4SINGLE FAMILY RESIDENCE RM-4SINGLE FAMILY RESIDENCE N K E M P S T N C L A U D I N A S T E LA PALMA AVE N . E A S T S T N . H A R B O R B L V D E. LA PALMA AVE E. L IN COLN AV E W. LA PALMA AVE N . A C A C I A S T E .B R O A D W A Y 942 North Claudina Street DEV No. 2015-00082 Subject Property APN: 035-062-02 °0 50 100 Feet Aerial Photo:May 2014 N K E M P S T N C L A U D I N A S T E LA PALMA AVE N . E A S T S T N . H A R B O R B L V D E. LA PALMA AVE E. L IN COLN AV E W. LA PALMA AVE N . A C A C I A S T E .B R O A D W A Y 942 North Claudina Street DEV No. 2015-00082 Subject Property APN: 035-062-02 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 -1- PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2015-05029 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00082) (942 NORTH CLAUDINA STREET) WHEREAS, the Planning Commission of the City of Anaheim City (hereinafter "Planning Commission") did receive a verified petition to approve Variance No. 2015-029 to allow construction of a single-family residential dwelling unit with front and rear yard setbacks less than required by the Zoning Code (the "Code") and to allow fewer parking spaces than required by the Code "Proposed Project") for certain real property located at 942 N. Claudina 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 1,945 square feet, is located in the "RM- 4" Multiple-Family Residential Zone. Because one single-family detached dwelling unit is proposed for the Property, Table 6-A (Primary Uses: Multiple-Family Residential Zones) of Section 18.06.030 (Uses) of Chapter 18.06 (Multiple-Family Residential Zones) provides that the requirements or limitations of either the "RS-2" Single-Family Residential Zone or the "RS-3" Single-Family Residential Zone, based on lot size, are applicable to the development of the Property In this instance, staff determined that the RS-3 Zone is the appropriate zone because the lot size is less than the minimum lot size of the RS-3 Zone. The Anaheim General Plan designates this Property for Low Density residential land uses; and WHEREAS, a previous variance request was approved by the then Planning Commission on October 4, 1982 to permit the development of a single-family residence with a variance for lot coverage, minimum landscape setback and minimum number and type of parking spaces. This residence was never built and a previous residence was demolished in March, 1984. On September 13, 2010, the then Planning Commission approved a Variance (VAR2010-04810) to construct a two-story, single family residence with smaller front and rear yard setbacks and fewer parking spaces than required by code. The Property was not thereafter developed in accordance with VAR2010-04810; accordingly, that entitlement has since expired; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 21, 2015, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Variance No. 2015-029 and to investigate and make findings and recommendations in connection therewith; and - 2 - PC2015-*** WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA. The example from Section 15303 applicable to the Proposed Project is for the construction of one single-family residence. Since the Proposed Project consists of one single-family residence, 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 Variance No. 2015-05029 to allow front and rear yard setbacks less than required by the Code pertaining to the construction of a new single- family residence should be approved for the following reasons: SECTION NO. 18.04.100.010.0101 Minimum front yard setback (15 feet required; 10 feet 6 inches proposed) SECTION NO. 18.04.100.010.0101 Minimum rear yard setback (15 feet required; 10 feet proposed) 1. There are special circumstances applicable to the Property pertaining to the extremely limited size of the lot with the application of the standard setback requirements of the Zoning Code. Because of the size of the Property, it cannot be put to productive use if all of the development standards for the zone are strictly applied. Approval of the variance will place the owner of the Property in parity with other property owners in the same zone in devoting his Property to the basic function of that zone, i.e., residential use. An existing light pole and the location near the street corner intersection further limit the flexibility of designing the home in any other configuration. 2. Strict application of the Code would deprive the Property of privileges enjoyed by other properties under the identical zoning classification in the vicinity. To strictly apply the setback requirements of the existing zone would place the owner of the Property at a disadvantage with other landowners in the same zone. The hardship is peculiar or unique to the owner of the Property and not shared by other property owners in the same zone. - 3 - PC2015-*** WHEREAS, based upon the parking justification letter submitted by the applicant, and observations made by staff, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.030.040 Minimum number of parking spaces (4 spaces required – two garage spaces and two spaces in front of the garage; 2 spaces proposed – one garage space and one space in front of the garage) 1. The variance, under the conditions imposed, 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 observations indicate that there are enough parking spaces to accommodate this request; 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets or adjacent private property in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate two vehicles at the Property; 3. That the variance, 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 proposed use because the project site has an existing drive apron access that existed to serve the prior residence located on the property. An existing light pole is located directly in the middle of the lot frontage. The garage parking stall and driveway could not be designed in any other layout due to these physical constraints on the Property. Therefore, it will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2015-05029, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Variance No. 2015-05029 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 Anaheim Municipal Code. Timing for compliance - 4 - PC2015-*** 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 Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Variance 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 this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 21, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** 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 September 21, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of September, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** - 7 - PC2015-*** EXHIBIT “B” VARIANCE NO. 2015-05029 (DEV2015-00082) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMIT 1 A soils report shall be submitted to the Public Works Department, Subdivision Section, for review, consideration and approval by the City Engineer. Development Services, Public Works PRIOR TO ISSUANCE OF BUILDING PERMIT 2 The developer shall design and construct all off-site water system improvements required to serve the project in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Water Engineering 3 Submit a written Solid Waste Management Plan (SWMP) including a site plan and details to Public Works Department for review and approval. Public Works Department, Operations Division 4 The legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works, Development Services Division. A Certificate of Compliance shall be approved by the City Engineer and recorded in the office of the Orange County Recorder prior to issuance of Building Permit. Development Services, Public Works PRIOR TO FINAL BUILDING AND ZONING INSPECTION 5 All requests for new water services or fire lines, as well as any modification, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering 6 All required public street, landscaping, irrigation, sewer and storm drain improvements shall be constructed and are subject to review and approval by the Construction Services inspector. Development Services, Public Works GENERAL 7 The garage shall be available for the parking of vehicles at all times. Storage of personal items may occur in a garage only to the extent that such storage does not impede vehicle parking nor reduce the number or required minimum size of the required garage space. Planning & Building Department Planning Services Division - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 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 (Site, Elevation and Floor Plan) and as conditioned herein. Planning & Building Department Planning Services Division 9 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 & Building Department, Planning Services Division 10 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning & Building Department, Planning Services Division 11 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning & Building Department, Planning Services Division ATTACHMENT NO. 2 ATTACHMENT NO. 3 CL A U D I N A H O U S E Se p t e m b e r 1 0 , 2 0 1 5 94 2 C l a u d i n a S t r e e t , A n a h e i m DMARCH.US A 01 94 2 C l a u d i n a S t r e e t , A n a h e i m , C A 9 2 8 0 5 :: SI T E P L A N sc a l e : 1 / 8 " = 1 ' A A0 1 N :: FR O N T Y A R D P L A N T I N G P L A N sc a l e : 1 / 4 " = 1 ' B A0 1 N CL A U D I N A S T R E E T 1 0 ' - 0 " R E A R S E T B A C K 1 0 ' - 6 " F R O N T S E T B A C K ( A T S E C O N D F L O O R ) 1 1 ' - 6 " F R O N T S E T B A C K ( A T F I R S T F L O O R ) 35 . 7 0 ' P R O P E R T Y L I N E 5 4 . 5 0 ' P R O P E R T Y L I N E TW O - S T O R Y SI N G L E F A M I L Y DW E L L I N G UTILITY METERS PA R K W A Y SI D E W A L K EXISTING STREET LIGHT POLE EXISTING DRIVEWAY 5' - 0 " SI D E SE T B A C K 5'-0"SIDE SETBACK LANDSCAPE LA N D S C A P E PAVING PAVED DRIVEWAY TW O - S T O R Y SI N G L E F A M I L Y DW E L L I N G CO V E R E D E N T R Y FR O N T E N T R Y DA N V I L L E (G R O U N D C O V E R ) DE E R G R A S S RA M O N A TH R E E A W N SI D E W A L K CO N C R E T E ST E P P I N G PA V E R S 2 2 ' - 1 0 " LO T C O V E R A G E : Lo t A r e a 1, 9 4 5 s q . f t . Bu i l d i n g F o o t p r i n t 7 4 0 s q . f t . PR O P O S E D T O T A L L O T C O V E R A G E 3 8 % MA X I M U M T O T A L L O T C O V E R A G E 4 0 % PA R K I N G : Of f - s t r e e t p a r k i n g s p a c e s : 2 s p a c e s BU I L D I N G A R E A T A B U L A T I O N : Fi r s t F l o o r 5 1 0 s q . f t . Se c o n d F l o o r 8 0 7 s q . f t . TO T A L L I V I N G A R E A 1 , 3 1 7 s q . f t . Ga r a g e 2 3 0 s q . f t . TO T A L B U I L D I N G A R E A 1, 5 4 7 s q . f t . BU I L D I N G S E T B A C K S : Fr o n t S e t b a c k ( a t f i r s t f l o o r ) 1 1 ' - 6 " Fr o n t S e t b a c k ( a t s e c o n d f l o o r ) 1 0 ' - 6 " Si d e S e t b a c k s 5 ' - 0 " Re a r S e t b a c k 10 ' - 0 " PR O J E C T D E S C R I P T I O N : Ne w t w o - s t o r y s i n g l e f a m i l y d w e l l i n g w i t h a t t a c h e d on e - c a r g a r a g e . LE G A L D E S C R I P T I O N : Zo n e RM - 4 Le g a l D e s c r i p t i o n Lo t 42 Tr a c t 42 2 AP N 03 5 - 0 6 2 - 0 2 Lo t A r e a 1, 9 4 5 s q . f t . AP P L I C A N T : Ma r i a n o L u c h e t t i , 2 6 1 9 L i m e A v e . , S i g n a l H i l l , C a l i f o r n i a 9 0 7 5 5 - 7 1 4 - 4 7 6 - 4 7 9 5 VI C I N I T Y M A P : 942 CLAUDINA STREETWOOD GATE AND FENCE6' HIGH WOOD FENCE 2245 N. Rosewood Ave., Santa Ana, California 92706 - 714-351-0749CONDENSING UNIT 96 GALLON STANDARD TRASH BARREL (TYP. OF 3)ATTACHMENT NO. 4 CL A U D I N A H O U S E Se p t e m b e r 1 0 , 2 0 1 5 94 2 C l a u d i n a S t r e e t , A n a h e i m DMARCH.US A 02 :: RO O F P L A N sc a l e : 1 / 8 " = 1 ' C A0 2 N :: SE C O N D F L O O R P L A N sc a l e : 1 / 8 " = 1 ' B A0 2 N :: FI R S T F L O O R P L A N sc a l e : 1 / 8 " = 1 ' A A0 2 NGARAGE(9'-8"x19'-6") KI T C H E N / D I N I N G (1 4 ' - 4 " x 1 0 ' - 1 " ) PO W D E R R O O M (2 ' - 6 " x 6 ' - 0 " ) LI V I N G R O O M (1 4 ' - 3 " x 1 4 ' - 2 " ) ST A I R S T O 2N D F L O O R MA S T E R BE D R O O M (1 0 ' - 1 " x 1 1 ' - 9 " ) MA S T E R B A T H (8 ' - 1 " x 7 ' - 9 " ) BA T H R O O M (8 ' - 0 " x 5 ' - 0 " ) BE D R O O M (1 1 ' - 9 " x 1 0 ' - 0 " ) BE D R O O M (9 ' - 1 0 " x 1 1 ' - 0 " ) AP P L I C A N T : Ma r i a n o L u c h e t t i , 2 6 1 9 L i m e A v e . , S i g n a l H i l l , C a l i fornia 90755 - 714-476-4795 4: 1 2 S L O P E 4 : 1 2 S L O P E 3 4 ' - 0 " 25'-8"20'-9" AS P H A L T SH I N G L E S RO O F I N G 9'-8"19'-6" CL A U D I N A H O U S E Se p t e m b e r 1 0 , 2 0 1 5 94 2 C l a u d i n a S t r e e t , A n a h e i m DMARCH.US A 03 :: NO R T H E L E V A T I O N ( R E A R ) sc a l e : 1 / 8 " = 1 ' D A0 3 :: WE S T E L E V A T I O N sc a l e : 1 / 8 " = 1 ' C A0 3 :: SO U T H E L E V A T I O N ( F R O N T ) sc a l e : 1 / 8 " = 1 ' B A0 3 :: EA S T E L E V A T I O N sc a l e : 1 / 8 " = 1 ' A A0 3 :: VI E W L O O K I N G N O R T H :: VI E W L O O K I N G E A S T AP P L I C A N T : Ma r i a n o L u c h e t t i , 2 6 1 9 L i m e A v e . , S i g n a l H i l l , C a l i fornia 90755 - 714-476-4795 2 4 ' - 3 " CE M E N T P L A S T E R (C O L O R 1 ) CE M E N T P L A S T E R (C O L O R 2 ) CE M E N T P L A S T E R (C O L O R 3 ) OR N A M E N T A L M E T A L A N D G L A S S AS P H A U L T S H I N G L E S WO O D G A T E A N D F E N C E 6' H I G H W O O D F E N C E ( O U T L I N E SH O W N O N L Y F O R C L A R I T Y ) CE M E N T P L A S T E R (C O L O R 3 ) CE M E N T P L A S T E R (C O L O R 1 ) CE M E N T P L A S T E R (C O L O R 1 ) AS P H A U L T S H I N G L E S 2 4 ' - 3 " CA S E M E N T W I N D O W (S H O W N O P E N , T Y P I C A L ) PL A S T E R R E V E A L , TY P I C A L 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 & BUILDING DEPARTMENT DATE: SEPTEMBER 21, 2015 SUBJECT: RECLASSIFICATION NO. 2015-00280; TENTATIVE TRACT MAP NO. 17882; AND CONDITIONAL USE PERMIT NO. 2015-05804 LOCATION: 1609 and 1615 West Cerritos Avenue APPLICANT/PROPERTY OWNER: The property owner is Cindy Pham and the applicant is Jeff Weber, representing Silveroak Corporation. REQUEST: The applicant requests approval of the following applications: 1) A Zoning Reclassification of the property from the Single Family Residential (RS-2) zone to the Single Family Residential (RS-4) zone; 2) A Tentative Tract Map to establish a 12-lot residential subdivision; and, 3) A Conditional Use Permit to permit a 12-unit, detached, small-lot single family residential project with modified development standards. DISCUSSION: The applicant has submitted a request to continue this hearing to the October 19, 2015 Planning Commission meeting in order to allow additional time to address outstanding issues with the proposed site plan. RECOMMENDATION: Staff recommends that this hearing be continued to the October 19, 2015, Planning Commission meeting. Prepared by, Submitted by, Amy Stonich, AICP Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Applicant’s Request for Continuance RS-2RS-2SINGLE FAMILY RESIDENCE RS-2DAY CARE R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE 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 RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE S D O R I S P L S L O A R A S TS A D R I A S T W HARRIET LN W LULLABY LN W BUENA VISTA AVE W MELLS LN W CERRITOS AVE W. BALL RD W. KATELLA AVE S . E U C L I D S T S . W A L N U T S T S . B R O O K H U R S T S T S . D I S N E Y L A N D D R 1609 & 1615 West Cerritos Avenue DEV No. 2015-00057 Subject Property APN: 129-212-31129-212-32 °0 50 100 Feet Aerial Photo:May 2014 S D O R I S P L S L O A R A S TS A D R I A S T W HARRIET LN W LULLABY LN W BUENA VISTA AVE W MELLS LN W CERRITOS AVE W. BALL RD W. KATELLA AVE S . E U C L I D S T S . W A L N U T S T S . B R O O K H U R S T S T S . D I S N E Y L A N D D R 1609 & 1615 West Cerritos Avenue DEV No. 2015-00057 Subject Property APN: 129-212-31129-212-32 °0 50 100 Feet Aerial Photo:May 2014 ATTACHMENT NO. 1 200 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. 6 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: SEPTEMBER 21, 2015 SUBJECT: ZONING CODE AMENDMENT NO. 2015-00124 LOCATION: The Downtown Mixed Use (DMU) Overlay Zone covers an area consisting of approximately 35 acres, generally located between Lincoln Avenue on the north, Broadway on the south, Anaheim Boulevard on the east, and Harbor Boulevard on the west. APPLICANT: City of Anaheim REQUEST: This request is a City-initiated amendment to Chapter 18.30 (DMU Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code related to permitted, conditionally permitted, and prohibited non-residential uses for Planned Mixed Use Developments, and other miscellaneous updates. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that the proposed ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines") because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project", as defined in Section 15378 of the CEQA Guidelines, and recommend to the City Council approval of Zoning Code Amendment No. 2015-00124. PROPOSAL: This amendment includes modifications to permitted, conditionally permitted, and prohibited non-residential land uses in the DMU Overlay Zone. A summary of the proposed amendments is provided as Attachment No. 1 to this report and includes the description and purpose of each amendment. Examples of uses that would be permitted by right as part of this amendment include small markets, restaurants with outdoor dining and on-sale alcoholic beverages, commercial place- making uses, breweries, and wine bars. Two proposed conditionally permitted uses include entertainment venues and outdoor commercial recreation. Examples of prohibited uses include convenience stores, drive through facilities, pawn shops, and smoking lounges. ZONING CODE AMENDMENT NO. 2015-00124 September 21, 2015 Page 2 of 3 ANALYSIS: Since its comprehensive update in 2004, amendments to the Zoning Code have been made on an as-needed basis. This amendment involves changes to permitted, conditionally permitted, and prohibited land uses in the DMU Overlay Zone, and other miscellaneous sections of the Code. The purpose of the Code Amendment is to facilitate land uses that would that support the City’s vision for downtown, and restrict uses that do not support the vision. The City’s vision for the downtown area, which is in the process of being rebranded as “Center City”, includes high quality residential development, thriving commercial activity, and a pedestrian-friendly environment. The vision for downtown is described in the goals and policies of the Land Use Element of the General Plan, the Greater Downtown Guide for Development, and Anaheim Colony Vision, Principles, and Design Guidelines as follows: General Plan Land Use Element • Ensure that the Downtown maintains a mix of uses attractive to broad segments of Anaheim’s population and that stimulate activity during day and evening hours, every day of the week; • Intensify and revitalize strategically located commercial sites in keeping with the Anaheim Colony Vision, Principles and Design Guidelines Greater Downtown Guide for Development – Urban Design Goals • Strengthen the pedestrian realm • Provide a mix of uses for sustainable growth • Use the built environment to define street edges and shared public spaces • Continue to attract new investment Anaheim Colony Vision, Principles, and Design Guidelines • Encourage a wide variety of activities and uses in the downtown area • Design the streets with the pedestrian in mind • Provide quality gathering places, public spaces, comfort, and focal points Staff believes that the proposed code amendment would help to further the goals for Center City. This amendment would facilitate businesses and attractions that would help to create a sense of “place” within Center City and would further contribute to the overall downtown pedestrian activity. This amendment would also complement other food, banquet, and entertainment uses operating within the nearby Packing District. ZONING CODE AMENDMENT NO. 2015-00124 September 21, 2015 Page 3 of 3 CONCLUSION: This proposal is intended to amend the Zoning Code to amend the list of land uses in the DMU Overlay zone in order to support the City’s vision for downtown, as expressed in the Anaheim General Plan. Staff recommends approval of this Zoning Code Amendment. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Summary of Amendments 2. Draft Ordinance C-GRETAIL C-GCITY HALL RM-4VILLAGE CENTERAPTS100 DU O-LOFFICESC-G (DMU)RETAIL C-G (DMU)RETAIL C -G (D M U ) C I T Y H A L L O-LCITY HALLC-G (D M U ) M I X E D U S E C -G (D M U ) M U S E U M C -G (D M U ) O F F I C E S C -G (D M U ) M I X E D U S E C -G K R A E M E R B U I L D I N G A P T SC-G (DMU)RETAIL C -G (D M U ) R E T A I L C-G (DMU)RETAIL C -G (D M U ) P A R K I N G S T R U C T U R E C-G (DMU)ANAHEIM ICE C-G (DMU)HARBOR LOFTS O -L (D M U ) P A R K I N G S T R U C T U R E O - L ( D M U ) O F F I C E S C -G (D M U ) P O S T O F F I C E C-GVACANT C-GVACANT C-GVACANTRM-4OFFIC E S C -G M E D I C A L O F F I C E O-LOFFICES TPEARSON PARK O-LOFFICES RS-3RELIGIOUS USESDUPLEXESTRIPLEXES &FOURPLEXES O-LLIBRARY O-LOFFICES C-GRELIGIOUS USE C -G S E R V I C E S T A T I O N / C A R W A S H R M -4 R E L I G I O U S U S E R M -3 (S A B C ) D U P L E X /F O U R P L E X &C -G (S A B C ) S F R / R e l i g i o u s U s e R M - 4 S T . C A T H E R I N E ' S M I L I T A R Y A C A D E M Y T S T . C A T H E R I N E ' S M I L I T A R Y A C A D E M Y C-GBANK C-GRETAIL C-GRETAIL C-GOFFICES C - G R E S T A U R A N T RS-3SFR C-GOFFICES C -G (D M U ) P A R K I N G S T R U C T U R E C -G (D M U ) M I X E D U S E C -G (D M U ) O F F I C E S W C E N T E R S T R E E T P R O M E N A D E S H E L E N A S T S C L E M E N T I N E S T N L E M O N S T S L E M O N S T W C H A R T R E S S T W E L M S T N C L A U D I N A S T W O A K S T W C Y P R E S S S T N C L E M E N T I N E S T W B R O A D W A Y N A N A H E I M B L V D E L I N C O L N A V E W L I N C O L N A V E N H A R B O R B L V D S H A R B O R B L V D S A N A H E I M B L V D S . E A S T S T W.LINC OL N A V E E . LINCOLN AVE N . E A S T S T W. B R O A D W A Y N . H A R B O R B L V D N . A N A H E I M B L V D E .B R O A D W A Y S.MANCHESTER A V E S . A N A H E I M B L V D E . B RO A D WAYDEV No. 2015-00025 Subject Property Downtown Mixed Use (DMU)Overlay Zone Area °0 50 100 Feet Aerial Photo:May 2014 W C E N T E R S T R E E T P R O M E N A D E S H E L E N A S T E C E N T E R ST S C L E M E N T I N E S T N L E M O N S T S L E M O N S T W C H A R T R E S S T W E L M S T W O A K S T N H E L E N A S T N C L A U D I N A S T W C H E S T N U T S T N C L E M E N T I N E S T W B R O A D W A Y N A N A H E I M B L V D S A N A H E I M B L V D E L I N C O L N A V E W L I N C O L N A V E N H A R B O R B L V D S H A R B O R B L V D S . E A S T S T W.LINC OL N A V E E . LINCOLN AVE N . E A S T S T W. B R O A D W A Y N . H A R B O R B L V D N . A N A H E I M B L V D E .B R O A D W A Y S.MANCHESTER A V E S . A N A H E I M B L V D E . B RO A D WAYDEV No. 2015-00025 Subject Property Downtown Mixed Use (DMU)Overlay Zone Area °0 50 100 Feet Aerial Photo:May 2014 Summary of Amendments for Draft Ordinance ZCA2015-00124 Ordinance Section Code Section Description 1 18.30.010.0206 (Purpose) Adds the Community Design Element of the General Plan and the Greater Downtown of Anaheim Guide for Development to the policy documents that were adopted for Downtown Anaheim. 2, 4-11 18.30.020.050 (Applicability) Provides the correct names for the Planning and Building and Community and Economic Development Departments. 3 18.30 (Uses) MODIFIED PROHIBITED USES: The following uses are currently “Permitted” or “Conditionally Permitted” uses in the DMU Overlay zone. These uses would be changed to “Prohibited” uses: - Commercial Retail Centers - Computer Internet and Amusement Facilities - Convalescent and Rest Homes - Convenience Stores - Golf Courses and Country Clubs - Group Care Facilities - Motels - Recycling Services – Consumer - Transit Facilities (stations for taxi, bus, freight, truck or other transit systems) - Utilities – Major NEW PROHIBITED USES: The following uses would be new “Prohibited” uses added to the DMU Overlay zone: - Animal Boarding - Automotive Impound Yards - Automotive Washing - Drive Through Facilities - Group Care Facilities - Medical Marijuana Dispensaries - Pawn Shops - Personal Services – Laundromats - Personal Services – Restricted (Massage Establishments) - Repair Services – General (repair and incidental sales of supplies for large consumer items and business equipment, such as furniture, computers, large appliances and home electronics) - Self Storage Facilities - Smoking Lounges NEW CONDITIONALLY PERMITTED USES: The following uses would be new “Conditionally Permitted” uses added to the DMU Overlay zone: - Entertainment Venue (establishments that provide entertainment as a primary business. Entertainment can include music and/or live entertainment for patrons to dance or otherwise be entertained, that is regularly open to the public with or without the payment of a cover charge or admittance fee) - Recreation – Commercial Outdoor (outdoor amusement/entertainment facilities for the public for a fee). MODIFIED PERMITTED USES: The following uses are currently “Conditionally Permitted” uses in the DMU Overlay zone. These uses would be changed to “Permitted” uses: - Alcoholic Beverage Sales – On-Sale (accessory to restaurants only) - Dance and Fitness Studios - Large - Educational Institutions - Business - Markets – Small (small grocery stores and delicatessens less than 10,000 square feet in size) - Recreation – Low Impact ATTACHMENT NO. 1 - Repair Services – Limited (repair and incidental sales of supplies for consumer items, such as small household goods, shoes, clothing, watches, cameras and similar items) - Restaurants – Outdoor Seating and Dining - Studios – Broadcasting NEW PERMITTED USES: The following uses would be new “Permitted” uses added to the DMU Overlay zone: - Alcoholic Beverage Manufacturing (establishments that produce or manufacture alcoholic beverages of all types. This use class may sell alcohol produced or manufactured on the manufacturer's licensed premises for On-Sale or Off-Sale consumption. Typical uses include breweries, distilleries and wineries. Tasting rooms may be included in conjunction with the manufacturing). - Animal Grooming - Commercial Place-making Uses (Innovative use of indoor or outdoor public and private space for commercial purposes to support a unique mixed use district in conformance with Section 18.30.180 (DMU Design Guidelines) - Educational Institutions – Tutoring - Public Art and Murals (a painting or tile artwork on an exterior wall in public view, whose primary purpose is commemorative or artistic rather than advertising) - Wine Bars NEW PERMITTED ACCESSORY USES: The following uses would be new “Permitted” Accessory uses added to the DMU Overlay zone: - Automated Teller Machines - Outdoor Seating and Dining - Retail Sales – Outdoor Display 1 REDLINED TO SHOW REVISIONS TO CURRENT MUNICIPAL CODE SECTIONS ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN SECTIONS OF CHAPTER 18.30 (DOWNTOWN MIXED USE (DMU) OVERLAY ZONE) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, the City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3; herein referred to as the "CEQA Guidelines"), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project", as defined in Section 15378 of the CEQA Guidelines; and WHEREAS, the City Council determines that this ordinance is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That paragraph .0206 of Subsection .020 (Objectives) of Section 18.30.010 (Purpose) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .0206 To encourage consistency with, and implement the provisions of, the Community Design Element of the General Plan, the Downtown Guide to Development, the Redevelopment Plan for the Alpha Downtown Redevelopment Project Area and other related plans for Downtown Anaheim. ATTACHMENT NO. 2 2 SECTION 2. That Subsection .050 of Section 18.30.020 (Applicability) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .050 Redevelopment Project Area. All applications submitted to the Planning and Building Department of the City of Anaheim for projects lying within the (DMU) Overlay Zone that also lie within the boundaries of the Alpha Downtown Redevelopment Project Area shall be forwarded to the Community and Economic Development Department for review. The Executive Director of Community and Economic Development (the "Executive Director") shall review each application and meet and consult with the applicant, with respect to land use compatibility and the design features of the proposed project, and may propose changes, where the Director deems it to be appropriate, in order to promote high-quality urban design. From time to time the Executive Director may propose, and the Redevelopment Agency maythe Planning Commission shall review, and the City Council may adopt, design guidelines to assist in the review of such applications. SECTION 3. That Section 18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.30.030 USES. .010 Planned Mixed Use Development. All development, except that which is subject to subsection .040 of Section 18.30.020.040, shall take place as a planned mixed use development project that includes at lease one (1) of the residential classes of uses and one (1) of the non-residential classes of uses in Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone). Conversion of existing structures into Planned Mixed Use Development projects is included and requires a conditional use permit. The process for a Planned Mixed Use Development project approval is set forth in Section 18.30.170. .020 Primary Uses. Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) sets forth allowable primary uses for the (DMU) Overlay Zone, listed by classes of uses as defined in Section 18.36.030 and Section 18.36.040 of Chapter 18.36 (Types of Uses). The Any allowable primary uses listed below shall take place within a Planned Mixed Use Development only. Otherwise, the standards of the underlying zone shall apply to all other properties. .030 Accessory Uses. Table 30-B (Accessory Uses and Structures: Downtown Mixed Use Overlay Zone) sets forth allowable accessory uses and structures for the 3 (DMU) Overlay Zone, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). The Any allowable accessory uses listed below shall take place within a Planned Mixed Use Development only. Otherwise, the standards of the underlying zone shall apply to all other properties. .040 Temporary Uses. Table 30-C (Temporary Uses and Structures: Downtown Mixed Use Overlay Zone) sets forth allowable temporary uses and structures for the (DMU) Overlay Zone, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). Any allowable temporary use shall take place within a Planned Mixed Use Development only. Otherwise, the standards of the underlying zone shall apply to all other properties. .050 The allowable uses in Tables 30-A, 30-B and 30-C for each district are established by letter designations as follows: .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit; and .0403 "N" designates classes of uses that are prohibited. .060 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 30-A, 30-B or 30-C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .070 Unlisted Uses. Any class of use that is not listed or specifically prohibited in Tables 30-A, 30-B or 30-C may be permitted, provided the Planning Commission determines the use to be compatible with the intended purpose of the (DMU) Overlay Zone. .080 Prohibited Facilities. Drive-up or drive-through services are prohibited. .0980 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 30-A, 30-B and 30-C. Such provisions may include references to other applicable code sections, or limitations to the specified land use. Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited DMU Special Provisions Residential Classes of Uses 4 Dwellings–Multiple-Family P Dwellings–Single-Family Attached P Dwellings–Single-Family Detached P Senior Citizen Housing P Subject to Chapter 18.50 (Senior Citizens' Housing -Apartment Projects) Supportive Housing P Transitional Housing P Non-Residential Classes of Uses Alcoholic Beverage Manufacturing P Subject to Section 18.38.025 Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale C P Conditional use permit required if sales are not accessory to a primary restaurant use Animal Boarding N Animal Grooming P Antennas– Broadcasting P Conditional use permit required if facilities are not accessory to a primary use on the same lot, not completely screened from view from a public right-of-way or not disguised as an integral architectural feature Antennas– Private Transmitting P Conditional use permit required, if facilities are not completely screened from view from a public 5 right-of-way or not disguised as an integral architectural feature Antennas–Telecommunications P Conditional use permit required if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature; subject to ChapterSection 18.38.060 (Mechanical and Utility Equipment – Ground Mounted Antennas - Telecommunications) Automotive – Impound Yards N Automotive–Public Parking P Automotive- Washing N Bars & Nightclubs C Billboards N Business and Financial Services P Commercial Place-making Uses P Subject to review and approval by the Planning and Community and Economic Development Departments Commercial Retail Centers C Community & Religious Assembly C Conditional Use Permit not required for museums Computer Internet & Amusement Facilities C N 6 Convalescent and Rest Homes C N Convenience Stores C N Dance and Fitness Studios–Large C P Dance and Fitness Studios–Small P Day Care Centers C Drive Through Facilities N Educational Institutions– Business C P Educational Institutions–General C Educational Institutions– Tutoring P Subject to Subsection .050 of Section 18.36.040 (Educational Institutions–Tutoring) Entertainment Venue C Subject to Subsection .050 of Section 18.36.040 (Entertainment Venue) Golf Courses & Country Clubs C Golf courses and putting greens may be allowed if accessory to a primary permitted use Group Care Facilities C Subject to Chapter 18.36.040.070 Hotels & Motels C Motels not allowed Markets–Large P Outdoor farmers markets are allowed with a conditional use permit Markets–Small C P Delicatessens that primarily serve take-out customers do not require a conditional use permit Medical and Dental P 7 Offices Medical Marijuana Dispensaries N Motels N Offices–General P Pawn shops N Personnel Personal Services–General P/N On-site dry cleaning and laundromats are not allowed; conditional use permit required for laundromats are subject to Chapter 18.38.150; massage subject to § 18.16.070 Personal Services–Restricted N Public Services P Public Art and Murals P Subject to review and approval by the Planning and Community and Economic Development Departments Recreation–Billiards P Subject to Section 18.38.085 Recreation– Commercial Indoor C Recreation-Commercial Outdoor C Recreation–Low- Impact C P Recreation–Swimming and Tennis P Recycling Services– Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely 8 within a structure do not require any zoning approval; Repair Services–General N Repair Services– Limited C P Restaurants–General P Subject to Subsection .180 of Section 18.36.040.180 (Restaurants –Outdoor Seating and Dining) Restaurants– Outdoor Seating and Dining C P Restaurants–Walk- Up P Retail Sales– General P Retail Sales–Kiosks C If food service is proposed, the application shall include a complete description of how food products will be refrigerated and/or heated, and how utensils, appliances and equipment will be cleaned. Retail Sales–Used Merchandise P Antique shops only Self Storage Facilities N Smoking Lounges N Studios– Broadcasting C P Studios–Recording P Transit Facilities C Bus depots prohibited 9 Utilities–Major C N Utilities–Minor P Wine Bars P Table 30-B ACCESSORY USES AND STRUCTURES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited DMU Special Provisions Amusement Devices P Subject to ChapterSection 18.16.050 (Amusement Devices) Animal Keeping P Subject to ChapterSection 18.38.030 (Animal Keeping) Antennas–Dish P Conditional use permit required if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature; subject to ChapterSection 18.38.050 (Antennas – Receiving) Antennas–Receiving P Conditional use permit required, if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature; subject to ChapterSection 18.38.050 (Antennas – Receiving) 10 Automated Teller Machines (ATM’s) P Freestanding kiosks not permitted Caretaker Units C Day Care–Large Family C Subject to ChapterSection 18.38.140 (Large Family Day Care Homes) Day Care–Small Family P Entertainment C Subject to Subsection .105 of Section 18.36.050 (Entertainment - Accessory) Fences & Walls P Subject to ChapterSection 18.46.110 (Screening, Fences, Walls and Hedges); this use may occur on a lot with or without a primary use Home Occupations P Subject to ChapterSection 18.38.130 (Home Occupations) Landscaping & Gardens P Subject to Chapter 18.46 (Landscaping and Screening); this use may occur on a lot with or without a primary use Mechanical & Utility Equipment– Ground Mounted P Subject to ChapterSection 18.38.160 (Mechanical and Utility Equipment – Ground Mounted) Mechanical & Utility Equipment– Roof Mounted P Subject to ChapterSection 18.38.170 (Mechanical and Utility Equipment – Roof Mounted) Outdoor Seating and P Subject to Section 18.38.220 (Restaurants – 11 Dining Outdoor Seating and Dining) Parking Lots & Garages P Portable Food Carts C Recreation Buildings & Structures P Retail Sales-Outdoor Display P Subject to Subsection .170 of Section 18.36.050 (Outdoor Displays) Signs P Subject to Section 18.30.120 (Signs). Portable signs may be permitted, subject to review and approval of a “Coordinated Sign Program” by the Planning Director. Solar Energy Panels P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane as provided in Section 18.38.170 Thematic Elements P Vending Machines P Shall be screened from view from public rights- of-way, and shall not encroach onto sidewalks Table 30-C TEMPORARY USES AND STRUCTURES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited DMU Special Provisions Contractor’s P Subject to ChapterSection 12 Office & Storage 18.38.105 (Contractor’s Office & Storage) Open-Air Festivals P Requires all applicable City permits Special Events P Subject to ChapterSection 18.38.240 (Special Events) SECTION 4. That Subsection .010 of Section 18.30.110 (Parking and Loading) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .010 Parking Demand Study. Due to variations in parking demand and needs of each Planned Mixed Use Development, vehicle parking requirements and the design of the parking areas, including ingress and egress, shall be determined as part of the final plan review process, based on information contained in a parking demand study prepared by a California-licensed, independent traffic engineer, as approved by the Planning Services Manager of the Planning and Building Department and/or his or her designee. The parking demand study shall be prepared at the developer's expense at the time of application for the use. SECTION 5. That Subsection .060 of Section 18.30.160 (General Standards) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .060 CC&R's. Unsubordinated Covenants, Conditions and Restrictions (“CC&R's”), as required and approved by the Planning and Building Department and Public Works Department, and further subject to approval by the City Attorney, shall be recorded prior to issuance of a building permit or prior to approval of a final subdivision map, whichever occurs first, to provide for the common maintenance of all exterior elements, including but not limited to, access ways, parking areas, landscaping, irrigation facilities, signs and other common amenities or features. SECTION 6. That paragraph .0202 of Subsection .020 of Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 13 .0202 The Final Plans shall be prepared and submitted to the Planning and Building Department, for review and approval by the Planning Commission as a "Reports and Recommendations" item, in accordance with its procedures, and containing the information set forth in the final plan review application, as adopted by resolution of the Planning Commission, and on file with the Planning and Building Department. SECTION 7. That Subsection .030 of Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .030 Actions Prior to Building Permit. Prior to issuance of a building permit for a Planned Mixed Use Development, final plans shall be prepared and submitted to the Planning and Building Department as provided herein. SECTION 8. That paragraph .0302 of Subsection .030 of Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .0302 The final plans shall be prepared and submitted to the Planning and Building Department, for review and approval by the Planning Commission as a "Reports and Recommendations" item, in accordance with its procedures, and containing the information set forth in the final plan review application, as adopted by resolution of the Planning Commission, and on file with the Planning and Building Department. SECTION 9. That Subsection .050 of Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .050 Planning and Building Department Review of Exemptions. Plans for projects which are exempt from final plan review pursuant to subsection .040 shall be submitted to the Planning Director, for a determination of conformance with the provisions of this chapter, prior to issuance of a building permit or approval of landscaping plans. SECTION 10. 14 That Subsection .080 of Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .080 Development Review and Permits. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the (DMU) Overlay Zone, all building and site plans shall be subject to design review by the Community and Economic Development Department, as well as review by the Building Division. The Community and Economic Development Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the (DMU) Overlay Zone. The Community and Economic Development Department will make recommendations regarding project design to the Planning Commission, for consideration in connection with the Planning Commission's decision on the final plan review or conditional use permit. SECTION 11. That Subsection .090 of Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .090 Landscape Plan Review. The location of all proposed on-site and off-site landscaping, including irrigation facilities and landscaping within the parkway area (the area within the ultimate street right-of-way, as described in the Circulation Element of the Anaheim General Plan), shall be shown on a site plan, drawn to scale, and shall be subject to review and approval by the Planning and Building Department prior to installation. Such plans shall be consistent with the approved final plans. SECTION 10. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, subsection, sentence, clause, phrase or portion of this ordinance hereby adopted be declared for any reason invalid or unconstitutional by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. The City Council of the City of Anaheim hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. SECTION 11. SAVINGS CLAUSE; CONTINUITY. 15 Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. To the extent the provisions of this Ordinance are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, the provisions of this ordinance shall be construed as restatements and continuations of those provisions and not as new enactments or amendments of the earlier provisions. SECTION 12. CERTIFICATION; PUBLICATION BY CLERK. The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 13. EFFECTIVE DATE. This Ordinance shall take effect and be in full force thirty (30) days from and after its final passage. /// /// /// /// /// /// THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2015, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2015, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM 16 By: MAYOR OF THE CITY OF ANAHEIM ATTEST: _____________________________________ CITY CLERK OF THE CITY OF ANAHEIM 111920/TJR 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.