PC 2016/10/17
City of Anaheim
Planning Commission
Agenda
Monday, October 17, 2016
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Chairman: Mitchell Caldwell
Chairman Pro-Tempore: Paul Bostwick
Commissioners: Jess Carbajal, Bill Dalati, Grant Henninger,
Michelle Lieberman, John Seymour
Call To Order - 5:00 p.m.
Pledge Of Allegiance
Public Comments
Public Hearing Items
Commission Updates
Discussion
Adjournment
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agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning and Building
Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff
report is also available on the City of Anaheim website www.anaheim.net/planning on
Thursday, October 13, 2016, after 5:00 p.m. Any writings or documents provided to a
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writings legally exempt from public disclosure) will be made available for public inspection
in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard,
Anaheim, California, during regular business hours.
You may leave a message for the Planning Commission using the following
e-mail address: planningcommission@anaheim.net
10-17-2016
Page 2 of 5
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission
action unless a timely appeal is filed during that time. This appeal shall be made in written
form to the City Clerk, accompanied by an appeal fee in an amount determined by the City
Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified by
the City Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in a written correspondence delivered to the Planning Commission or City Council
at, or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M.
Public Comments
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or provide public comments on agenda items with the
exception of public hearing items.
10-17-2016
Page 3 of 5
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 4078H
SPECIFIC PLAN ADJUSTMENT NO. 2016-00069
ZONING CODE AMENDMENT NO. 2016-00134
(DEV2010-00166H)
Location: 321 West Katella Avenue & 400 West Disney Way
Request: The applicant proposes Adjustment No. 10 to the
Disneyland Resort Specific Plan, an amendment to Chapter
18.114 of the Anaheim Municipal Code, and an amendment to
Conditional Use Permit No. 4078 to revise the Coordinated
Signage Program for Anaheim GardenWalk, including
permitting an icon/themed signage element, for the House of
Blues at Anaheim GardenWalk.
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. ______
Resolution No. ______
Project Planner:
Elaine Thienprasiddhi
ethien@anaheim.net
ITEM NO. 3
RECLASSIFICATION NO. 2015-00285
CONDITIONAL USE PERMIT NO. 2015-05844
TENTATIVE TRACT MAP NO. 17975
(DEV2015-00127)
Location: 2301, 2323 & 2331 West Lincoln Avenue
Request: The following land use entitlements are requested to
permit the development of a 48-unit, three story attached and
detached single family residential project: (i) reclassify the
subject properties from the C-G (General Commercial) Zone to
the RM-3 (Multiple Family Residential) Zone; (ii) a conditional
use permit to allow an attached single-family residential
development with modified development standards; and (iii) a
tentative tract map to create a 48-unit residential subdivision.
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.
The item was continued from the October 3, 2016 Planning
Commission meeting.
Resolution No. ______
Resolution No. ______
Resolution No. ______
Project Planner:
Amy Vazquez
avazquez@anaheim.net
10-17-2016
Page 4 of 5
ITEM NO. 4
MISCELLANEOUS CASE NO. 2013-00575
TENTATIVE TRACT MAP NO. 18046
(DEV2013-00028A)
Location: 2726 West Lincoln Avenue
Request: The applicant proposes the following
entitlements: (i) a Planning Commission determination of
conformance with the Density Bonus Code to construct a
35-unit condominium complex with affordable units and
Tier 2 incentives; and, (ii) a tentative tract map to establish
a 1-lot, 35 unit attached condominium subdivision.
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.
Resolution No. ______
Resolution No. ______
Project Planner:
Nick Taylor
njtaylor@anaheim.net
Adjourn to Monday, November 14, 2016 at 5:00 p.m.
10-17-2016
Page 5 of 5
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:00 p.m. October 12, 2016 (TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
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ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: OCTOBER 17, 2016
SUBJECT: ZONING CODE AMENDMENT NO. 2016-00134, SPECIFIC
PLAN ADJUSTMENT NO. 2016-00069 AND CONDITIONAL USE PERMIT NO. 4078H
LOCATION: 321 West Katella Avenue and 400 West Disney Way (Anaheim
GardenWalk)
APPLICANT/PROPERTY OWNER: The applicant is Timothy A. Jorgenson
with House of Blues Entertainment. The property owner is Anaheim Capital
Partners, represented by Bob Gellert.
REQUEST: The applicant proposes Adjustment No. 10 to the Disneyland Resort
Specific Plan No. 92-1 (DRSP), an amendment to Chapter 18.114 of the Anaheim
Municipal Code, and an amendment to a Conditional Use Permit No. 4078 (CUP
4078) to revise the Anaheim GardenWalk Coordinated Sign Program to permit an
icon/themed signage element and wall sign for the House of Blues.
RECOMMENDATION: Staff recommends that the Planning Commission take
the following actions:
1) 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 an amendment to
CUP 4078, contingent upon and subject to City Council approval of Specific
Plan Adjustment No. 2016-00069 and its adoption of Zoning Code Amendment
No. 2016-00134; and
2) By motion, recommend that the City Council approve Specific Plan Adjustment
No. 2016-00069, a proposed modification to the zoning and development
standards adopted in connection with the DRSP, by adopting Zoning Code
Amendment No. 2016-00134.
BACKGROUND: The project site is located within the Anaheim GardenWalk
Overlay of the DRSP. The DRSP was approved in June 1993 to provide
development guidelines and standards for the expansion and on-going modifications
of The Disneyland Resort and adjacent hotels and visitor-serving uses, including the
Anaheim GardenWalk site.
ZONING CODE AMENDMENT NO. 2016-00134, SPECIFIC PLAN ADJUSTMENT NO. 2016-00069 AND
CONDITIONAL USE PERMIT NO. 4078H
October 17, 2016
Page 2 of 4
The Anaheim GardenWalk (formerly Pointe Anaheim) Overlay was approved in June 1999, in
conjunction with the approval of CUP No. 4078, which permitted the development of Anaheim
GardenWalk. A Coordinated Sign Program was approved as part of CUP No. 4078 to address
project identification signs, parking structure entry and identification signs, directional guidance
signs and business identification signs visible from public view. The Planning Commission
approved a comprehensive amendment to the sign program in January 2016.
The Anaheim GardenWalk Overlay allows up to two icon/themed signage elements (defined as
“a structure, sculpture, or having the nature of, an icon, which is a nationally-recognized image
or object, including, but not limited to, trademarked objects, logos, or other images and figures
associated with nationally-recognized corporate identities”) at Anaheim GardenWalk, subject to
the approval of a CUP. One iconic element may have a height of up to 30 feet and may include
signage, including logos. The other iconic element may have a height of up to 75 feet, cannot
include signage, and must be located a minimum of two hundred feet from the public right-of-
way.
PROPOSAL: The applicant proposes three House of Blues signs that would be visible from
public view. The proposal includes two wall signs. The first is a 56-square foot sign that would
be mounted on the parking structure facing Katella Avenue. The second wall sign is a 90-square
foot sign on the north elevation, facing Disney Way. A 16-foot tall iconic water tower signage
element is proposed on the roof of the tenant space, adjacent to Disney Way. The proposed water
tower would have a diameter of 14 feet and be constructed of reclaimed wood planks with
blackened steel bands and black roof shingles. Two House of Blues logos, with a height of seven
feet, would be painted on the water tower facing northeast toward the freeway and south
southeast facing the interior walkways within the mall. The logos would be uplit by LED wash
lights mounted to the building roof behind the parapet. An LED strip would be located below the
water tower roof line to wash the tower with light. The overall height of the water tower from
grade is proposed to be 86 feet, 10 inches.
ZONING CODE AMENDMENT NO. 2016-00134, SPECIFIC PLAN ADJUSTMENT NO. 2016-00069 AND
CONDITIONAL USE PERMIT NO. 4078H
October 17, 2016
Page 3 of 4
The request requires approval of an adjustment to the Specific Plan to increase the allowable
height of the icon/themed signage element that is permitted to be up to 30 feet to be up to 90 feet
in height, and an amendment to CUP 4078 and the Coordinated Sign Program to permit the
requested signs.
FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each
requested action:
Specific Plan Adjustment No. 10 to the Disneyland Resort Specific Plan and Zoning Code
Amendment
The applicant requests to modify the Anaheim GardenWalk Overlay to increase the height limit
for the 30-foot iconic signage element to 90 feet in order to accommodate the proposed water
tower element.
Historically, the 30-foot height limit was intended to address a potential ground mounted icon for
a future retail store, which never materialized. With House of Blues moving from Downtown
Disney to Anaheim GardenWalk, the applicant seeks to provide a prominent visual statement at
the new location. The proposed water tower is a recognizable, iconic feature associated with the
House of Blues.
The proposed overall height of the building with the addition of the iconic element would be 86
feet, 10 inches. This height is well below the maximum structural height permitted at this
location as regulated by the Anaheim Commercial-Recreation Area Permitted Structural Height
Map. A maximum structural height of 125 feet would be permitted at this location.
The iconic element would add visual interest to the area and would emphasize GardenWalk as a
destination for dining, shopping and entertainment. Therefore, staff is supportive of the
requested Specific Plan Adjustment and Code Amendment to increase the height limit for an
iconic sign element.
Amendment to Conditional Use Permit No. 4078: Before the Planning Commission may approve
an amendment to 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.
ZONING CODE AMENDMENT NO. 2016-00134, SPECIFIC PLAN ADJUSTMENT NO. 2016-00069 AND
CONDITIONAL USE PERMIT NO. 4078H
October 17, 2016
Page 4 of 4
Amendments to the Coordinated Sign Program are subject to the following additional findings:
1) Signs shall complement the architecture of the buildings on the same property and
provide a unifying element along the streetscape; and
2) The size, scale and style of signs shall be internally consistent and consistent with the
scale of the buildings located on the same property and the surrounding land uses.
An amendment to Conditional Use Permit No. 4078 is required in order to revise the approved
Coordinated Sign Program for the Anaheim GardenWalk project. The amendment would allow a fourth
Major Tenant Identification Sign on the north (Disney Way) elevation. This additional sign location
was once allowed at this location but was inadvertently removed from the amended Coordinated Sign
Program approved in January 2016. The proposed wall sign is appropriately scaled to the building
elevation and would replace the existing sign for the former movie theater. The wall sign proposed on
the parking garage facing Katella Avenue complies with the existing Anaheim GardenWalk
Coordinated Sign Program. No changes to the sign program are requested to permit this sign.
The water tower iconic element would be of a high quality design and would be lit by a soft wash of
light. Based on the perspective renderings, the tower and painted signs are modest in scale,
especially when compared to the massing of the building on which it would be situated. The House
of Blues is a major anchor tenant that reinforces the emphasis on entertainment at Anaheim
GardenWalk. The proposed water tower iconic element is reflective of that and staff believes that the
view of the tower and signs would generate excitement over the offerings at this key entertainment
destination in the Anaheim Resort.
CEQA Environmental Determination: Staff recommends the Planning Commission find that the effects
of the proposed project are typical of those generated within that class of projects (i.e., 11, Accessory
Structures) which consist of the construction, or placement of minor structures, including on-premises
signs, accessory to existing commercial facilities, and that, therefore, pursuant to Section 15311 of Title
14 of the California Code of Regulations, the proposed project will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA.
CONCLUSION: The proposed Specific Plan Adjustment, Code Amendment, and amendment to
CUP 4078 and the Coordinated Sign Program are consistent with the goals and policies of the DRSP,
specifically enhancing visitor-serving commercial uses in the City. The new signs would emphasize a
key anchor tenant and support GardenWalk as a destination for dining, shopping and entertainment.
Prepared by, Submitted by,
Elaine Thienprasiddhi Jonathan E. Borrego
Senior Planner Planning Services Manager
Attachments:
1. Draft CUP Resolution
2. Draft Code Amendment Resolution
3. Draft Ordinance
4. Letter of Request
5. Site Photos
6. House of Blue Sign Package
7. Amended Anaheim GardenWalk Coordinated Sign Program
SP 92-1DA5ANAHEIM PLAZAHOTEL
SP 93-1 HOTEL CIRCLELA QUINTAINN & SUITES
SP 92-2DA1INDUSTRIAL
SP 92-2DA1CASTLEINN&SUITES SP 92-2DA1SUPER 8MOTEL
SP 92-1DA3ASOUTHERN CALIFORNIA EDISON CO. EASEMENT
SP 92-2DA1ANAHEIMRESIDENCEINN
SP 92-2DA1VACANT
SP 92-1DA3AGARDENWALKPARKINGSTRUCTURE
SP 92-1DA3AFIRE STATION
SP 93-1 HOTEL CIRCLEEXTENDED STAYAMERICA
SP 92-2DA1RAMADA PLAZAHOTELANAHEIM RESORT S P 9 2 -2
D A 1
H O L I D A Y I N N
E X P R E S S A N A H E I M
S P 9 2 -2
D A 1
A M E R I C A 'S
B E S T V A L U E
I N N & S U I T E S
SP 92-1DA5GARDENWALK
SP 92-1DA5GARDENWALK
SP 92-1DA3AGARDENWALK
SP 92-1DA3AGARDENWALK
SP 92-1DA3AGARDENWALK
SP 92-1DA3AGARDENWALK
SP 92-2DA1RENT-A-CAR
W KATELLA AVE
S C L E M E N T I N E S T
W DISNEY WAY W DISNEY WAY
S . H A R B O R B L V D E. BALL RD
S . L E W I S S T
W. KATELLA AVE
S . W A L N U T S T
W.ORANGEWOODAVE
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DEV No. 2010-00166H
Subject Property APN: 082-551-01082-551-02082-551-03082-551-04082-551-05082-551-06082-551-07082-551-11
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Aerial Photo:June 2015
W KATELLA AVE
S C L E M E N T I N E S T
W DISNEY WAY W DISNEY WAY
S . H A R B O R B L V D E. BALL RD
S . L E W I S S T
W. KATELLA AVE
S . W A L N U T S T
W.ORANGEWOODAVE
S . W E S T S T
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321 West Katella Avenue and 400 West Disney Way
DEV No. 2010-00166H
Subject Property APN: 082-551-01082-551-02082-551-03082-551-04082-551-05082-551-06082-551-07082-551-11
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Aerial Photo:June 2015
[DRAFT] ATTACHMENT NO. 1
- 1 - PC2016-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 4078, DESIGNATED AS
CONDITIONAL USE PERMIT NO. 4078H, AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH.
(CONDITIONAL USE PERMIT NO. 4078H)
(DEV2010-00166H)
(321 WEST KATELLA AVENUE AND 400 WEST DISNEY WAY)
WHEREAS, on June 22, 1999, the Anaheim City Council did, by its Resolution No. 99R-
136, grant Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle Retail and
Entertainment Complex consisting of up to 565,000 gross square feet of
retail/dining/entertainment uses; two to three hotels comprising 1,050 rooms/suites with
approximately 86,985 gross square feet of related accessory uses (the hotel rooms/accessory uses
would encompass a maximum of 923,800 gross sq. ft.) and an approximately 141,200 gross sq.
ft. area on the top floor of the parking structure to be used to provide parking and/or hotel
amenities serving guests and patrons of the Pointe Anaheim hotels only; up to three theaters with
a total of 4,600 seats for live performances or, alternatively, a 24-screen movie theater with
4,757 seats; a 1,600,000 gross sq. ft. parking structure with 4,800 striped parking spaces and 25
bus spaces with provision to park an additional 400 vehicles, which would bring the total number
of vehicles that can be accommodated in the garage to 5,200 cars, and including a 21,600 gross
sq. ft. bus terminal/facility for airport transport and to/from sightseeing venues; and waiver of the
minimum number of parking spaces (7,668 spaces required, 4,800 striped spaces proposed with
provision for an additional 400 vehicles which would bring the total number of vehicles that can
be accommodated in the parking structure to 5,200); with development of the project to take
place in a single phase; and
WHEREAS, on February 26, 2002, the Anaheim City Council did, by its Resolution No.
2002R-57, amend Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle
Retail and Entertainment Complex consisting of up to 634,700 gross sq. ft. of
retail/dining/entertainment uses (which includes a 94,000 sq. ft. aquarium); up to four hotels
comprising a maximum of 1,662 hotel rooms/suites (of which up to 200 units may be Vacation
Ownership Resort units) with approximately 322,071 gross sq. ft. of related accessory uses, of
which up to 178,120 gross sq. ft. on top of the parking structure may be used for a hotel
conference center (the hotel rooms/suites and accessory uses would encompass a maximum of
1,370,711 gross sq. ft.); and, a 1,949,800 gross sq. ft. parking structure with up to 4,800 striped
parking spaces and 15 bus spaces with a 10,200 sq. ft. bus terminal/facility for airport transport
and to/from sightseeing venues; with the proposed development taking place in up to five phases;
and, with a waiver of the minimum number of parking spaces (6,581 spaces required, up to 4,800
spaces proposed at full project build-out); and,
WHEREAS, on December 14, 2004, the City Council did, by its Resolution No. 2002R-
253 amend Conditional Use Permit No. 4078, to extend the date by which the developer must
commence construction of the Initial Phase of Development (from within 3 years after
February 26, 2002 to February 26, 2006) and to reflect the name of the new owner (Anaheim
GW, LLC); and
- 2 - PC2016-***
WHEREAS, on December 12, 2005, the Planning Commission, by its Resolution No.
PC2005-160, approved an amendment to Conditional Use Permit No. 4078, to extend the date by
which the developer must commence construction of the Initial Phase of Development (from
February 26, 2006 to February 26, 2007); and
WHEREAS, on April 11, 2006, the City Council did, by its Resolution No. 2006-063,
approve an amendment to Conditional Use Permit No. 4078 to modify the Anaheim GardenWalk
project (formerly Pointe Anaheim Lifestyle Retail and Entertainment Complex) to permit the
following: 569,750 gross square feet of retail/dining/entertainment uses, including movie
theaters; 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square
feet of hotel accessory uses; a transportation center, and 4,800 parking spaces and 15 bus spaces
with a 10,200 sq. ft. bus terminal/facility; and with a waiver of the minimum number of parking
spaces (6,984 spaces required, up to 4,800 spaces proposed at full project build-out); and
WHEREAS, on September 27, 2010, pursuant to Chapters 18.66, 18.68, 18.72 and
18.114 of the Anaheim Municipal Code (the "Code"), Peter Houck, as authorized agent for
Katella Anaheim Retail, LLC, submitted applications for General Plan Amendment No. 2010-
00061, Amendment No. 8 to The Disneyland Resort Specific Plan, Amendment No. 3 to the
Second Amended and Restated Development Agreement No. 99-01 by and between the City and
Katella Anaheim Retail, LLC, and amendments to Conditional Use Permit No. 4078 and Final
Site Plan No. 2006-00002, all of which applications pertain to the Anaheim GardenWalk
Overlay of The Disneyland Resort Specific Plan, the location of which is generally depicted on
the map attached hereto as Exhibit A; and
WHEREAS, the retail, dining and entertainment uses and associated parking facilities for
Anaheim GardenWalk have been subsequently developed in accordance Conditional Use Permit
No. 4078 within a three-story concourse featuring landscaping, fountains, and seating areas.
Tenants include a mix of general purpose merchandise stores; full-service restaurants; specialty
and walk-up/fast food establishment; bar/nightclubs; a 14-screen movie theater; a 20,000-square
foot fitness facility; and a 44-lane bowling facility. The concourse structure also includes back-
of-house areas such as management and security offices, service corridors, utility rooms, and
loading areas. The constructed parking facilities include a multi-level parking garage with 2,606
parking spaces and a transportation center with parking for 15 buses. In addition, a
concierge/ticket service and Police substation are located on the ground floor; and
WHEREAS, on August 16, 2011, the City Council, by its Resolution No. 2011-121,
approved an amendment to Conditional Use Permit No. 4078, as previously amended, including
changes to the mix and allocation of land uses, the waiver of minimum number of parking
spaces, the conditions of approval and the exhibits; and
WHEREAS, on January 11, 2016, the Planning Commission, by its Resolution No.
PC2016-001, approved an amendment to Conditional Use Permit No. 4078, as previously
amended, to revise the Coordinated Signage Program for the Anaheim GardenWalk project to
permit electronic message boards for certain qualified land uses subject to the approval of a
conditional use permit; and
- 3 - PC2016-***
WHEREAS, the Planning Commission did receive a verified petition for approval of (1)
Adjustment No. 10 to the Disneyland Resort Specific Plan No. 92-1 (SP 92-1) (herein referred to
as "Adjustment No. 10") to permit an increase in the height of "icon/themed signage elements"
for the Anaheim GardenWalk project from thirty (30) feet to ninety (90) feet, and (2) an
amendment to Conditional Use Permit No. 4078 (designated as "Conditional Use Permit No.
4078H") to permit an amendment to the Coordinated Signage Program for the Anaheim
GardenWalk project that will permit a fourth Major Business Identification Sign on the north
building elevation, facing Disney Way, and an icon/themed signage element, specifically a water
tower with two painted logos on the roof of the building, adjacent to Disney Way; and
WHEREAS, "icon/themed signage elements", as defined in subparagraph .05 of
paragraph .0602 (Conditionally Permitted Signs) of subsection .060 (Business and Identification
Signs) of Section 18.114.130 (Sign Regulations) of Chapter 18.114 (Disneyland Resort Specific
Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Code,
are permitted for a use approved for the Anaheim GardenWalk project subject to the approval of
an amendment to Conditional Use Permit No. 4078 or approval of a separate conditional use
permit; and
WHEREAS, rather than a separate conditional use permit, staff recommends that an
amendment to the Coordinated Sign Program of Conditional Use Permit No. 4078 be approved
that will permit an additional Major Business Identification Sign and an icon/themed signage
element for the Anaheim GardenWalk project; and
WHEREAS, Adjustment No. 10 and Conditional Use Permit No. 4078H shall be referred
to herein collectively as the “Proposed Project”; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 17, 2016 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project,
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines,
and the City's Local CEQA Procedure Manual, this Planning Commission has found and
determined and has recommended that the City Council so find and determine that the Proposed
Project will not cause a significant effect on the environment and is, therefore, categorically
exempt from the provisions of CEQA pursuant to Section 15311 of the CEQA Guidelines; and
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WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission recommended that the City Council
approve Adjustment No. 10 to permit an increase in the height of "icon/themed signage
elements" for the Anaheim GardenWalk project from thirty (30) feet to ninety (90) feet; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing pertaining to the request for an amendment to the Conditional Use Permit No. 4078,
does find and determine the following facts:
1. The request to amend Conditional Use Permit No. 4078 to revise the Coordinated
Sign Program that will permit an additional Major Business Identification Sign and an
icon/themed signage element for the Anaheim GardenWalk project is authorized under
subparagraph .05 of paragraph .0602 (Conditionally Permitted Signs) of subsection .060
(Business and Identification Signs) of Section 18.114.130 (Sign Regulations) of Chapter 18.114
(Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of
Title 18 (Zoning) of the Code;
2. Upon approval of Adjustment No. 10 by the City Council and adoption of Zoning
Code Amendment No. 2016-00134, now pending, the request to amend Conditional Use Permit
No. 4078 to revise the Coordinated Sign Program and permit an additional Major Business
Identification Sign and an icon/themed signage element will not adversely affect the surrounding
land uses and the growth and development of the area, with the implementation of the conditions
of approval and, will conform with the height limitation authorized under subparagraph .05 of
paragraph .0602 (Conditionally Permitted Signs) of subsection .060 (Business and Identification
Signs) of Section 18.114.130 (Sign Regulations) of Chapter 18.114 (Disneyland Resort Specific
Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Code;
3. The size and shape of the site is adequate to allow the full operation of the proposed
uses in a manner not detrimental to the particular area or to the health, safety and general welfare
of the public because no expansion to the development is proposed;
4. The traffic generated at the site would not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area because no expansion to the
development is proposed; and
5. The granting of the amendment to Conditional Use Permit No. 4078 under the
conditions imposed will not be detrimental to the health and safety of the citizens of the City of
Anaheim and will support a land use that is compatible with the surrounding area.
6. Signs shall complement the architecture of the buildings on the same property and
provide a unifying element along the streetscape; and
7. The size, scale and style of signs shall be internally consistent and consistent with the
scale of the buildings located on the same property and the surrounding land uses.
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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, pursuant to the above findings and based upon
a thorough review of proposed Conditional Use Permit No. 4078H and the evidence received to
date, the Planning Commission does hereby approve Conditional Use Permit No. 4078H,
contingent upon and subject to approval of Adjustment No. 10 and the adoption of Zoning Code
Amendment No. 2016-00134, now pending, it being understood that Adjustment No. 10 and
Zoning Code Amendment No. 2016-00134 may be approved or denied by the City Council in its
sole discretion.
BE IT FURTHER RESOLVED that, effective upon the effective date of Zoning Code
Amendment No. 2016-00134, the conditions of approval set forth in Exhibit B attached hereto
and incorporated herein by this reference (the "Revised Conditions of Approval") for Conditional
Use Permit No. 4078, including all amendments thereto adopted prior to the adoption of this
Resolution, shall control and govern Conditional Use Permit No. 4078, as amended previously
and further amended by Conditional Use Permit No. 4078H.
BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to
Conditional Use Permit No. 4078H, 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
those conditions of approval that relate to Conditional Use Permit No. 4078H may be extended
or modified 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
extension or 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.
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BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 4078H
constitutes approval of the proposed request only to the extent that it complies with the Code and
any other applicable City, State and Federal regulations. Approval does not include any action
or findings as to compliance or approval of the request regarding any other applicable ordinance,
regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 17, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
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 October 17, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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- 8 - PC2016-***
EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 4078 (CUP4078H) (DEV2010-00166H)
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
1. Prior to issuance of each building permit, unless records indicate previous payment, a fee
for street lighting purposes shall be paid to the City of Anaheim based on the length of
street frontage in an amount as established by City Council resolution with credit against
the fee given for city-authorized improvements installed by the property owner/developer.
Public Utilities
2. Prior to approval of street improvement plans, pedestrian walkway lighting plans in the
public rights-of-way shall be reviewed and approved by the Public Utilities Department,
Electrical Services Division, and the Police Department.
Public Utilities
3. Prior to issuance of each building permit, whichever occurs first, public utility easements
(“PUE’s”) shall be recorded and/or abandonment of PUE’s shall be processed to the
satisfaction of the Public Utilities Department for the following circumstances:
A. As a result of increases in rights-of-way, where electrical and communication facilities
are located adjacent to the existing right-of-way, the facilities shall be either located
within the new right-of-way or relocated to new adjacent areas, requiring a PUE.
B. The undergrounding of power and communication lines along the major streets will
result in the need to obtain PUE’s for placement of pad mounted equipment and related
facilities required as a result of the overhead to underground conversion work.
C. Alterations to existing private buildings and/or construction of new structures
(buildings, signs, landscaping elements, etc.) may require relocation of existing
electrical and/or communication facilities. This will require abandonment of existing
PUE’s and recordation of new PUE’s to accommodate such relocation.
Public Utilities
4. A. Prior to approval of street improvement plans, roadway lighting of all public streets
shall be designed in accordance with the Anaheim Resort Identity Program and
associated construction specifications to the satisfaction of the Planning Department,
Planning Services Division and the Public Works Department.
B. Prior to approval of street improvement plans, unless records indicate previous
payment, the property owner/developer shall pay or cause to be paid all costs
associated with replacing the existing City of Anaheim street light system within the
public rights-of-way adjacent to or within The Disneyland Resort Specific Plan Area
with street lights designed in accordance with the Anaheim Resort Identity Program to
the satisfaction of the Public Utilities Department, Electrical Services Division.
Public Utilities
5. Prior to approval of tentative tract or parcel maps, the following street design elements
shall be shown on each tentative tract or parcel map to the satisfaction of the Department
of Public Works:
A. Street cross-sections, including dimensions, labels, General Plan Circulation Element
designation (i.e., Resort Secondary), and whether public or private;
B. Street grades and vertical alignment; and
C. Horizontal alignment, including centerline radii, and cul-de-sac radii.
Public Works
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
6. Prior to approval of each final tract or parcel map, vehicular access rights to all public
streets adjacent to subject tract or parcel, except at approved access points, shall be
released and relinquished to the City of Anaheim, to the satisfaction of the Department of
Public Works.
Public Works
7. Prior to approval of each street improvement plan, the following shall be provided for a
one (1) year maintenance period (commencing at completion of final building and zoning
inspections), in a manner acceptable to the Department of Public Works:
A. Public Realm parkway and median island landscaping and irrigation maintenance.
(The “Public Realm” is described in subsection 5.3 “Landscape Concept Plan” of
Section 5.0 “Design Plan” of The Disneyland Resort Specific Plan document.)
B. Provision for replacement of any tree planted in accordance with landscaping plans in
a timely manner in the event that it is removed, damaged, diseased and/or dies.
Public Works
8. All engineering requirements of the City of Anaheim, including preparation of
improvement plans and installation of all improvements such as curbs and gutters,
sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or
other appurtenant work shall be complied with as required by the Department of Public
Works and in accordance with specifications on file in the Office of the City Engineer, as
may be modified by the Department of Public Works; and that security in an amount and
form satisfactory to the Department of Public Works, shall be posted with the City to
guarantee the satisfactory completion of said improvements. Said security shall be posted
with the City prior to the issuance of building permits or prior to approval of a final
subdivision map to guarantee the installation of the related improvements prior to final
building and zoning inspections.
Public Works
9. Prior to issuance of building permits, the property owner/developer shall ensure to the
satisfaction of the Fire Department that an all-weather road/driving surface shall be
provided from the roadway system to and on the construction site and to fire hydrants at
all times, before building materials are placed on a building site. Such routes shall be
paved or, subject to approval of the Fire Department, shall otherwise provide adequate
emergency access.
Fire
10. Prior to issuance of grading and building permits, the property owner/developer shall
ensure that all lockable pedestrian and/or vehicular access gates shall be equipped with
“knox box” devices as required and approved by the Fire Department.
Fire
11. Prior to approval of on-site water plans, unless each commercial building is initially
connected to separate fire services, an unsubordinated covenant satisfactory to the City
Attorney’s Office shall be recorded prohibiting any individual sale of buildings until
separate fire services are installed in the building(s) subject to the sale.
Fire
City Attorney
12. Prior to approval of landscape plans for any areas within seven (7) feet of public
sidewalks, unless determined unnecessary by the Department of Public Works, root and
sidewalk barriers for trees (with the exception of palm trees) shall be shown on said
landscape plans. Prior to final building and zoning inspection, root and sidewalk barriers
shall be installed to the satisfaction of the Department of Public Works.
Public Works
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
13. Prior to approval of landscaping plans, the property owner/developer shall indicate on
said plans, to the satisfaction of the Planning Department, Planning Services Division and
Department of Public Works, Resort Services Division, that all trees planted in the Public
Realm will be planted in accordance with the standard City specifications.
Planning
Public Works
14. Prior to final building and zoning inspections, a licensed landscape architect shall certify
to the Planning Department, Planning Services Division that all landscaping has been
installed in accordance with landscaping plans approved by the City and on file with the
Building Division of the Planning Department. Any deviation from the plant palette
shown on the approved landscape plans shall be submitted for review and approval by the
Planning Department, Planning Services Division. All irrigation equipment within the
setback area shall be fully screened so that the equipment is not visible from the public
right-of-way. Prior to final building and zoning inspections for the setback area,
additional planting may be required for screening purposes to the satisfaction of the
Planning Department, Planning Services Division.
Planning
15. On-site non-Public Realm landscaping and irrigation systems, and Public Realm
landscaping and irrigation systems within areas in which dedication has not been accepted
by the City, shall be maintained by the property owner/developer in compliance with City
standards.
Planning
16. Any tree planted within the Setback Realm shall be replaced in a timely manner in the
event that it is removed, damaged, diseased and/or dies. (The “Setback Realm” is
described in subsection 5.3 “Landscape Concept Plan” of Section 5.0 “Design Plan” of
The Disneyland Resort Specific Plan document.)
Planning
17. Prior to approval of landscape plans, plans shall include a note that a licensed arborist
shall be responsible for all tree trimming within the Setback Realm.
Planning
18. Prior to approval of each Final Site Plan, plans shall show that no less than twenty percent
(20%) of the interior courtyards shall be landscaped with a variety of shrubs,
groundcover, mature trees and potted plants to create a lush garden environment for the
pedestrian (this landscaping is in addition to the required landscaped setback areas, as is
measured by shade coverage). Seating areas and decorative features including, but not
limited to, interactive and decorative water fountains and works of art, may also be
included in this percentage. Adjacent to solid portions of building walls (i.e., where there
are no store-front windows), small grouping of trees or shrubs, raised planters and site
furnishings shall be located to minimize views of blank walls.
Planning
19. Prior to approval of each Final Site Plan, plans shall show that major project entries shall
be enhanced with a more densely planted shrub palette utilizing annual color, perennial
color and accent trees, to the satisfaction of the Planning Department.
Planning
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
20. Prior to issuance of grading and/or building permits, the property owner/developer shall
document on grading and/or building plans that a construction barrier at the construction
project perimeter areas (adjacent to public rights-of-way and/or other private property) be
installed prior to commencement of construction activity. Subsequent to installation,
property owner/developer shall notify the Planning Department, Planning Services
Division that said construction barrier has been installed. The construction sound barriers
shall be a minimum height of eight (8) feet with a minimum surface weight of one and
one-quarter pounds (1.25 lbs.) per square foot or a minimum Sound Transmission Class
Rating (STC) of 25. The structure shall be a continuous barrier. Gates and other entry
doors shall be constructed with suitable mullions, astragals, seals, or other design
techniques to minimize sound leakage when in the closed position. Access doors should
be self-closing where feasible. Vision ports are permissible providing they are filled with
an acceptable solid vision product.
Planning
21. Sweeping operations in the parking facilities and private streets or on-site roadways shall
be performed utilizing sweeping/scrubbing equipment which operates at a sound level
measuring not greater than 60 dBA at the nearest adjacent property line.
Planning
22. Pressure washing operations for purposes of building repair and maintenance due to
graffiti or other aesthetic considerations shall be limited to daytime hours of operation
between 7:00 a.m. and 8:00 p.m.
Planning
23. Prior to issuance of building permits for the parking structures, a note shall be placed on
the building plans which states, to the satisfaction of the Planning Department, that, in
conjunction with construction of the parking structure, no impact drive piles shall be
allowed.
Planning
24. Prior to approval of final site plans and issuance of building and grading permits, plans
shall be submitted to the Planning Department that document compliance with Specific
Plan No. 92-1, as amended.
Planning
25. Each Final Site Plan for the Anaheim GardenWalk project shall be prepared in
conformance with Chapters 18.114.040 (Disneyland Resort Specific Plan) and 18.116.040
(Anaheim Resort Specific Plan) Final Site Plan submittal requirements. Prior to issuance
of building permits, construction plans shall be in substantial conformance with said Final
Site Plans.
Planning
26. Prior to issuance of building permits, unless records indicate previous payment, a fee for
street tree purposes shall be paid or caused to be paid to the City of Anaheim based on the
length of street frontage in an amount as established by City Council resolution with
credit against the fee given for City-authorized improvements installed by the property
owner/developer.
Planning
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
27. Prior to issuance of building permits, the property owner/developer shall document on
building plans, to the satisfaction of the Planning Department, Planning Services
Division, that all air conditioning facilities and other roof and ground mounted equipment
shall be shielded from public view as required by The Disneyland Resort Specific Plan
and the sound buffered to comply with the City of Anaheim noise ordinances from any
adjacent residential or transient-occupied properties. That as part of final building and
zoning inspections, compliance shall be verified. Additionally, all exterior appurtenances
such as conduits shall be minimized and integrated into the structure; and that any rain
gutters and downspouts and vents shall be finished to match the building materials and/or
colors.
Planning
28. Prior to issuance of building permits, the property owner/developer shall document on
said plans, to the satisfaction of the Planning Department, Planning Services Division,
that all plumbing or other similar pipes and fixtures located on building exteriors shall be
fully screened from view of adjacent public rights-of-way and from adjacent properties by
architectural devices and/or appropriate building materials. That as part of final building
and zoning inspections, compliance shall be verified.
Planning
29. The property owner/developer shall be responsible for removal of any on-site graffiti
within twenty-four (24) hours of its application.
Planning
30. The conceptual location and configuration of all lighting fixtures including ground-
mounted lighting fixtures shall be shown on each Final Site Plan. That prior to issuance
of building permits, plans submitted for building permits shall document, to the
satisfaction of the Planning Department, Planning Services and Building Divisions, the
location and configuration of all lighting fixtures including ground-mounted lighting
fixtures utilized to accent buildings and landscape elements, or to illuminate pedestrian
areas. All lighting shall be shielded to direct lighting toward the area to be illuminated.
That as part of final building and zoning inspections, compliance shall be verified.
Planning
31. Prior to approval of each Final Site Plan, the property owner/developer shall document on
plans, to the satisfaction of the Planning Department, Planning Services Division, that
building elevations shall show that the rear elevations of buildings visible from a five (5)
foot high view point from off-site areas shall be architecturally accented to portray a
finished look.
Planning
32. Prior to recordation of a subdivision map, in the event a parcel is subdivided and there is a
need for common on-site circulation and/or parking, an unsubordinated covenant
providing for reciprocal access and/or parking, as appropriate, approved by the
Department of Public Works and the Planning Department, Planning Services Division,
and in a form satisfactory to the City Attorney, shall be recorded with the Office of the
Orange County Recorder.
Public Works
Planning
33. No shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation
resort front setback areas.
Planning
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
34. In connection with submittal of the first Final Site Plan for Area A the property
owner/developer shall submit a comprehensive sign program. Each subsequent Final Site
Plan shall include a sign program that shall be in compliance with the comprehensive sign
program and the development standards of the Anaheim GardenWalk Overlay. The
comprehensive sign program shall at a minimum include the following:
A. A sign theme/concept which demonstrates an overall appearance quality and type of
sign, banner or other display device; the quality of such signage shall be equivalent to
those utilized at Universal City Walk, Fashion Island or Irvine Spectrum. This is a
quality standard and is not intended, nor does it provide, additional signage rights or
permit any specific type of sign which does not conform with the signage regulations
set forth in The Disneyland Resort Specific Plan, as amended per the Anaheim
GardenWalk Overlay.
B. Sign criteria for interior corporate sponsorship displays (said displays could include
“jumbotrons,” banners or placards) which are oriented towards the interior of the
Anaheim GardenWalk project. The staff report to the Planning Commission shall
include a recommendation by the Planning Director regarding his or her
determination as to the orientation of such displays. Such displays shall not be visible
from the public right-of-way at an equal elevation as the Anaheim GardenWalk
property line (measured at five (5) feet above the grade of the sidewalk on the
opposite side of the street from the Anaheim GardenWalk project) except through the
limited view corridors set forth in the Anaheim GardenWalk Overlay.
C. Sign criteria limiting interior wall signs from projecting more than fifty percent (50
%) of the vertical height of the sign above the roof parapet or fifty (50%) of the
horizontal length of the sign beyond the side of a building.
D. Sign Criteria consistent with the adopted sign regulations for the Anaheim
GardenWalk Overlay.
E. Standards for maintenance and replacement of damaged/broken signs and banners and
installation and maintenance of changeable sign copy neon signage or electronic
readerboards.
Planning
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
35. Prior to issuance of building permits for the retail and parking structure component of
Area A, the property owner/developer shall submit final design plans for the icon/themed
signage element indicated on Exhibit No 12 of this conditional use permit and that the
height of the icon element would be reduced from a maximum height of 120 feet to a
maximum height of 75 feet as measured from the grade level of the sidewalk on Disney
Way and that lighting on the icon will be limited to subtle lighting that slowly changes
colors. If the icon element does not include any signage visible from the public rights-of-
way at an equal elevation as the Anaheim GardenWalk property line (measured at five (5)
feet above the grade of the sidewalk on the opposite side of the street from the Anaheim
GardenWalk project), plans shall be reviewed by the Planning Director for substantial
conformance with the Final Site Plans. If the icon includes any signage, a conditional use
permit in compliance with Section 18.114.130.020.0201.02(b) and
18.114.130.060.0602.05 shall be required, with the maximum height and design of the
element subject to the review and approval of the Planning Commission. Preliminary
design plans for said icon/ themed element without signage shall be shown on plans
submitted as part of Final Site Plans subject to the review and approval of the Planning
Commission. Said plans shall include the location, design, height, dimensions, and
lighting scheme of the icon/themed structure. Final design plans shall be subject to the
review and approval of the Planning Director prior to the issuance of building permits
and/or may be recommended for review and approval by the Planning Commission as a
report and recommendation item at the sole discretion of the Planning Director.
Planning
36. Prior to issuance of each sign permit the property owner/developer/tenant shall submit a
letter and plans demonstrating that the sign plans conform with the comprehensive sign
program approved by the Planning Commission and with the business identification sign
locations for Disney Way and Katella Avenue.
Planning
37A. Prior to approval of each Final Site Plan, the property owner/developer shall submit the
anticipated construction schedule for each of the remaining project components by
development phase; and that an updated schedule shall be submitted to the Planning
Department every six (6) months until the project is completed, or as deemed necessary
by the Planning Department.
Planning
37B. The property owner/developer shall be responsible for all costs associated with the review
of each Final Site Plan application by an architect, licensed by the State of California and
selected by the City, to review the Final Site Plan for conformance with Section 5.0
“Design Plan” of The Disneyland Resort Specific Plan. The property owner/developer
shall pay all costs associated with this review prior to each Final Site Plan being
scheduled for a Planning Commission meeting.
Planning
38. Prior to issuance of each building permit for a parking structure, a line-of-sight study shall
be submitted for review and approval by the Planning Department which shows that any
light poles on the roof-top areas of the parking structure, if proposed, shall not be visible
from the adjacent public rights-of-way, as measured from a five (5) foot high view point
from adjacent off-site areas.
Planning
39. No exterior-mounted air conditioning facilities for individual hotel rooms or vacation
ownership rooms shall be permitted in the Anaheim GardenWalk Overlay.
Planning
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
40. Prior to approval of each Final Site Plan, plans shall show how all on-site service and
loading area operations shall be screened from the public rights-of-way to the satisfaction
of the Planning Department.
Planning
41. A comprehensive sign program for Area B shall be submitted in conjunction with the first
Final Site Plan in Area B for review and approval by the Planning Commission. The
comprehensive sign program shall be in compliance with the sign standards and
regulations contained within The Disneyland Resort Specific Plan.
Planning
42. The subject property shall be developed in substantial conformance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on
file with the Planning Department marked Exhibit Nos. 1 through 12 of Conditional Use
Permit No. 4078 and Exhibit Nos. 1 through 17 of Final Site Plan No. 2006-00002 (which
includes Exhibits Nos. 1 through 12 of Conditional Use Permit No. 4078), as amended.
The Anaheim GardenWalk project shall be developed in accordance with the quality,
design and architectural integrity as shown on the exhibits.
Planning
43. Prior to approval of each Final Site Plan and prior to issuance of each building permit, the
Anaheim Police Department shall review and approve plans for safety, accessibility,
crime prevention, and security provisions during both the construction and operative
phases.
Police
44. Prior to issuance of the first building permit, the plans which are required to be submitted
for the police/security office (to comply with the mitigation measures identified in
Modified Mitigation Monitoring Plan No. 004a) shall make provision for the
police/security office in accordance with the requirements of Development Agreement
No. 99-01, as amended, to the satisfaction of the Police Department. Plans shall also
specifically identify the parking spaces designated for such police/security office.
Police
45. Prior to issuance of building permits for parking structures, plans submitted for building
permits shall be approved by the Police Department to ensure that safety and security
measures are incorporated, including the use of bi-directional antennae to insure
performance of public safety radio communications equipment (800 Mhz) in eighty-five
percent (85%) of any structure or developed area, or in compliance with public safety
radio system coverage requirements in effect at the time of the issuance of building
permits. Prior to final building and zoning inspections, installation of required antennae
shall be verified.
Police
46. Prior to issuance of building permits, plans submitted for building permits shall document
that trash storage areas be provided and maintained in locations acceptable to the
Department of Public Works, Streets and Sanitation Division and in accordance with
approved plans on file with said Department.
Public Works
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
47. Prior to issuance of building permits, plans submitted for building permits shall be
reviewed to ensure that gates shall not be installed across any driveway or private street in
a manner which may adversely affect vehicular traffic in the adjacent public streets and
that all parking facilities conform to City standard plans. Installation of any gates shall
conform to Standard Plan No. 402-B (“Parking Structure & Ramp Standard Detail”) and
Standard Plan No. 475 (”Gate Standard for Residential/Commercial/Industrial”) and shall
be subject to the review and approval of the Public Works Department, Traffic
Engineering Division and the Planning Department, Planning Services Division prior to
issuance of a building permit.
Public Works
48. Prior to approval of each Final Site Plan, plans for vehicular and pedestrian circulation
shall be submitted to the Department of Public Works, Traffic Engineering Division for
review and approval showing conformance with Section 5.0 “Design Plan” of the Specific
Plan.
Public Works
49. Prior to issuance of building permits for parking structures, internal signage plans shall be
designed to enhance smooth traffic flows on each level of the parking structure and shall
be submitted to the Planning Department, Planning Services Division and Department of
Public Works, Traffic Engineering Division for review and approval.
Planning
Public Works
50. Prior to issuance of building permits, the property owner/developer shall prepare a plan of
operations for review and approval by the Department of Public Works, and shall provide
proof of their participation in the Anaheim Transportation Network (“ATN”) to the
Department of Public Works, Traffic Engineering Division.
Public Works
51. Prior to approval of the Final Site Plan for the area encompassing the driveway for
Anaheim GardenWalk adjacent to the driveway for the Super 8 Motel at 415 West Katella
Avenue, the Final Site Plan shall show that the driveway has been redesigned to combine
the driveways or to meet the distance requirement set forth in The Disneyland Resort
Specific Plan (i.e., minimum forty (40) foot wide distance between driveways serving
adjacent parcels). If redesigned to combine the driveways, proof of an agreement with the
adjacent property owner shall also be provided to the satisfaction of the City Attorney’s
Office.
Public Works
City Attorney
52. Prior to approval of the first Final Site Plan for Area A, and prior to approval of the first
Final Site Plan for Area B, the property owner/developer shall submit conceptual street
improvement plan cross-sections (to be shown on the Final Site Plan) to the Department
of Public Works, Development Services Division for the installation of the ultimate
public right-of-way improvements for adjacent public streets. Prior to the approval of the
final subdivision map for Area A, and prior to approval of grading plans if a subdivision
map is not proposed for Area B, the property owner/developer shall submit final street
improvement plans for review and approval by the Department of Public Works,
Development Services Division. The property owner/developer shall be responsible for
all costs associated with the preparation and processing of the street improvement plan
and all costs associated with the construction of the improvements to the satisfaction of
the Public Works Director. These improvements shall be completed prior to the first final
building and zoning inspections for Area A and Area B.
Public Works
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
53. Prior to approval of the first Final Site Plan for Area A, conceptual street improvement
plans shall be prepared for the construction of a free right-turn lane on the south side of
Disney Way from the parking garage driveway exit to Clementine Street (thirteen (13)
foot lane width) in order to improve outbound parking structure operations. Prior to the
approval of the final subdivision map for Area A, the property owner/developer shall
submit final street improvement plans for the construction of the free right-turn lane for
review and approval by the Department of Public Works, Development Services Division.
The property owner/developer shall be responsible for all costs associated with the
preparation and processing of the street improvement plan and all costs associated with
the construction of the improvements to the satisfaction of the Public Works Director.
These improvements shall be completed prior to the first final building and zoning
inspection for Area A. A portion of the free right-turn lane on Disney Way may be
utilized as a bus loading/unloading zone on an interim basis until such time that Area B is
developed, subject to the review and approval of striping plans by the Department of
Public Works, Traffic Engineering Division.
Public Works
54. Prior to approval of the first Final Site Plan for Area A, the property owner/developer
shall submit conceptual street improvement plans to the Department of Public Works,
Development Services Division for intersection improvements, including construction of
a driveway on the south side of Disney Way to provide signalized ingress and egress,
including a signal plan and a pedestrian cross walk, between Anaheim GardenWalk and
westbound and eastbound traffic along Disney Way. Final street improvement plans shall
be submitted for review and approval by the Department of Public Works prior to
approval of the final subdivision map. The property owner/developer shall be responsible
for all costs associated with the preparation and processing of said street improvement
plans and all costs associated with the construction of the improvements to the
satisfaction of the Department of Public Works, Development Services Division. These
improvements shall be completed prior to the first final building and zoning inspection for
Area A.
Public Works
55. Prior to approval of the Final Site Plan for Area B, the property owner/developer shall
submit conceptual street improvement plans to the Department of Public Works for
construction of a right-turn lane on the south side of Disney Way from Harbor Boulevard
to the mid-block project entrance. Prior to the approval of the final subdivision map, or
prior to approval of grading plans if a subdivision map is not proposed for Area B, the
property owner/developer shall submit final street improvement plans for review and
approval by the Department of Public Works, Development Services Division. The
property owner/developer shall be responsible for all costs associated with the preparation
and processing of the street improvements plan and all costs associated with the
construction of the improvements to the satisfaction of the Department of Public Works.
These improvements shall be completed prior to the first final building and zoning
inspection for Area B.
Public Works
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
56. Prior to approval of the first Final Site Plan for Area A, the property owner/developer
shall submit conceptual street improvement plans to the Department of Public Works,
Development Services Division for the interim condition to provide a single left turn lane
in Disney Way between the mid-block project entrance and Clementine Street. Prior to
the approval of the final subdivision map for Area A, the property owner/developer shall
submit final street improvement plans for review and approval of the Department of
Public Works, Development Services Division. The property owner/developer shall be
responsible for all costs associated with the preparation and processing of the street
improvements plan and all costs associated with the construction of the improvements to
the satisfaction of the Department of Public Works. These improvements shall be
completed prior to the first final building and zoning inspection for Area A.
Public Works
57. Prior to approval of the first Final Site Plan for Area B, the property owner/developer
shall submit conceptual street improvement plans to the Department of Public Works,
Development Services Division for the ultimate condition to provide duel left turn lanes
in Disney Way between the mid-block project entrance and Clementine Street. Prior to
the approval of the final subdivision map, or prior to approval of grading plans if no
subdivision is proposed for Area B, the property owner/developer shall submit final street
improvement plans for review and approval of the Department of Public Works,
Development Services Division. The property owner/developer shall be responsible for
all costs associated with the preparation and processing of the street improvement plans
for the duel left turn lanes and all costs associated with the construction of the
improvements to the satisfaction of the Department of Public Works. These
improvements shall be completed prior to the first final building and zoning inspection for
Area B.
Public Works
58. In connection with submittal of each Final Site Plan application, the property
owner/developer shall provide information regarding the ownership and/or long term
lease status of each of the underlying parcels, including any airspace or vertical
subdivision, of the 29.1 acre Anaheim GardenWalk project (i.e., whether the parcels are
owned, leased, under negotiation, etc.).
Planning
59. Prior to Planning Commission review of each Final Site Plan, a notice shall be mailed to
the property owners within a three hundred (300) foot radius of Anaheim GardenWalk
advising them of the Planning Commission meeting.
Planning
60. Prior to issuance of the first grading permit, and updated on a monthly basis during
construction, the property owner/developer shall submit a plan, for review and approval
by the Department of Public Works, identifying (and updating) the sequence and timing
of all street improvements along Disney Way, Clementine Street, Katella Avenue and
Harbor Boulevard. Said street improvement plans shall include all driveways, traffic
signals, pedestrian cross walks, etc. The phasing and timing for commencing and
completing any or all of the street improvements shall be as required by Department of
Public Works.
Public Works
61. Prior to issuance of building permits, building plans shall document that water backflow
equipment and any other large water system equipment shall be installed behind the
Setback Realm area in a manner fully screened from all public streets and alleys. Prior to
final building and zoning inspections, compliance with this condition shall be verified by
the Public Utilities Department, Water Utility Division.
Public Utilities
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
62. Prior to issuance of water improvement plans, the property owner/developer shall
document on water improvement plans, to the satisfaction of the Public Utilities
Department, Water Engineering Division, that water service is available.
Public Utilities
63. The property owner/developer shall be held responsible for compliance with the
mitigation measures and for implementation of the project design features identified in
Modified Mitigation Monitoring Program No. 004a in compliance with Section 21081.6
of the Public Resources Code. Furthermore, the Anaheim GardenWalk property
owner/developer shall be responsible for any direct costs associated with the monitoring
and reporting required to ensure implementation of those mitigation measures and project
design features identified in Modified Mitigation Monitoring Program No. 004a.
Modified Mitigation Monitoring Program No. 004a, which includes mitigation measures
and project design features, is attached and made a part of these conditions of approval.
Planning
64. Prior to approval of each Final Site Plan, the following plans/materials/information shall
be provided for review and approval by the Planning Department:
A. A site plan showing all proposed project components of the development phase
including, but not limited to, all buildings, landscape areas, parking areas, and the
adjacent street improvements. Conceptual hardscape areas, fountains/water features
and works of art will also be shown.
B. Preliminary Mass Grading Plans.
C. Conceptual elevation plans showing all views of each proposed building.
D. Roof-top plans for each building showing all roof-top equipment (roof-top equipment
is required to be fully-screened by the architecture of the building and painted in a
color to match the color of the roof).
E. Preliminary floor plans for each level of the parking garage (all parking spaces shall be
dimensioned and the total number of spaces on each level shall be shown on the plan).
F. Preliminary landscape plans showing all proposed planting materials and the proposed
landscape plant/tree palette, including color photographs, to show the proposed trees,
shrubs and groundcover.
G. Above- and below-ground utility equipment shall be shown on each site plan and
landscape plan. Plans must indicate how any above-ground equipment is fully
screened by landscaping from any public view.
H. Conceptual colored renderings of the site improvements to show the building
elevations from Harbor Boulevard, Katella Avenue, Clementine Street, and Disney
Way, and views of the interior portions of the site. Additionally, where a development
phase adjoins a future development phase (as yet undeveloped), a colored rendering
shall be provided to illustrate the building elevation(s) facing that future phase.
I. Preliminary material and color boards for each building, including the parking
structure, which show that all building colors, textures and materials shall be
compatible between on-site uses. The preliminary color boards shall show the
proposed decorative paving materials for the interior courtyard areas of the site and
pedestrian gathering areas will be compatible with on-site uses. The design and
location of the walkways shall not impact the placement of trees in the public right-of-
way parkways. In addition, the walkways shall not preclude the planting of the
number of trees required for the setback area by The Disneyland Resort Specific Plan
Planning
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
Design Plan.
J. Letter from the property owner/developer indicating how the Final Site Plan is in
compliance with The Disneyland Resort Specific Plan requirements and Conditional
Use Permit No. 4078, as amended.
K. That the lighting fixture plan shall include the style of the fixtures which shall be
compatible with the project theme.
L. That any existing adjacent development on the 29.1-acre Anaheim GardenWalk site
shall be shown on the site plan or other appropriate plan(s) to clearly illustrate the
relationship between the proposed construction on each development phase and
existing development/uses on adjoining development phase(s). Such additional
information is intended to illustrate vehicle and pedestrian circulation between
development phases, access to public rights-of-way, shared parking spaces, continuity
of building design and placement (including the parking structure), etc.
M. That the developer shall provide information regarding the development status of the
other development phases (i.e., vacant, pre-existing use, construction underway in
accordance with Anaheim GardenWalk uses, construction completed in accordance
with Anaheim GardenWalk uses, etc.) for the entire 29.1-acre Anaheim GardenWalk
site.
N. That in connection with development in the Anaheim GardenWalk Overlay, submittal
of any Final Site Plan adjacent to a development phase which is vacant or which is not
developed in accordance with Anaheim GardenWalk Overlay shall show that a
minimum ten (10) foot setback, fully landscaped, shall be provided and maintained
along the property line
65. Number not used N/A
66. If Area B is not developed in accordance with the Anaheim GardenWalk Overlay, it may
be developed in accordance with The Disneyland Resort Specific Plan No. 92-1, District
A provisions.
Planning
67. If Area B is developed in accordance with the Anaheim GardenWalk Overlay, prior to
approval of a Final Site Plan, the property owner shall demonstrate on plans and show
that development of Area B shall be fully integrated with Area A and that Areas A and B
will be operated as a single integrated project.
Planning
68. Prior to advertising for any special event which will draw visitors to the Anaheim
GardenWalk project, a special events permit shall be obtained.
Planning
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
69. Granting of the parking waiver is contingent upon operation of the use in conformance
with the assumptions and/or conclusions relating to the operation and intensity of use as
contained in the Transportation Analysis Update prepared by Iteris, Inc for the Addendum
to the Pointe Anaheim Initial Study/Mitigated Negative Declaration Anaheim
GardenWalk Project, dated March 17, 2011, that formed the basis for approval of said
waiver. Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions and/or conclusions, as contained in the Transportation Analysis Update
prepared by Iteris, Inc for the Addendum to the Pointe Anaheim Initial Study/Mitigated
Negative Declaration Anaheim GardenWalk Project, dated March 17, 2011 shall be
deemed a violation of the expressed conditions imposed upon said waiver which shall
subject this conditional use permit to termination or modification pursuant to the
provisions of the Anaheim Municipal Code.
Planning
70. Following completion of construction of the 3,050 space parking structure in Area A, and
on-going during project operation, the property owner/developer shall provide overflow
parking to the Anaheim Convention Center in accordance with the “Parking Facilities
Operating Lease”, as may be amended, as part of the Disposition and Development
Agreement by and between Anaheim GW, LLC and the City of Anaheim.
Community
Development
Convention,
Sports and
Entertainment
71. Prior to approval of the first Final Site Plan for Area B, the property owner/developer
shall submit a parking analysis to the Planning Department for review and approval,
showing that the proposed number of parking spaces (1,600 spaces in Area B) will be
adequate for Area B (i.e., the proposed land uses and building areas). Further, because
the parking for the Anaheim GardenWalk project may be shared between multiple land
uses in Areas A and B, said analysis shall include information regarding the number of
parking spaces, the land uses and the building areas in the previously approved portions
of the project. If the parking analysis concludes that additional parking spaces are
necessary to accommodate the parking demands of Areas A and B, as well as the
overflow parking for the Anaheim Convention Center, as prescribed in the “Parking
Facilities Operating Lease”, as may be amended, as part of the Disposition and
Development Agreement by and between Anaheim GW, LLC and the City of Anaheim,
said spaces shall be shown on plans submitted for Final Site Plan approval.
Planning
Community
Development
Convention,
Sports and
Entertainment
72. The Anaheim GardenWalk project shall be developed in accordance with Development
Agreement No. 99-01, as amended.
Planning
73. Approval of this conditional use permit is contingent upon the approval and adoption of
General Plan Amendment No. 2010-00481 and Amendment No. 8 to The Disneyland
Resort Specific Plan No. 92-1.
Planning
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
74. The property owner/developer shall construct the Anaheim GardenWalk project in
accordance with the following limitations:
A. The property owner/developer will not seek to change the entitlements for the one
thousand six hundred twenty eight (1,628) hotel rooms/suites to any other use;
provided, however, that the owner/developer may elect to construct up to 400 Vacation
Ownership Units in lieu of 400 Hotel Rooms in Area A and up to 100 Vacation
Ownership Units in lieu of 100 Hotel Rooms in Area B of the project, and provided
further, that the property owner/developer may elect to construct the remaining hotel
rooms as Condominium Hotels as defined in Code Section No. 18.114.020.0202 of
The Disneyland Resort Specific Plan No 92-1, Anaheim GardenWalk Overlay and as
defined in Development Agreement No. 99-01, as amended. As a condition of such
election, the property owner/developer shall enter into subsequent agreements with the
City that provide the City with “in-lieu” payments to be made at a mutually acceptable
time(s), and in amounts not in excess of the equivalent Transient Occupancy Taxes to
which the City would be entitled if such Vacation Ownership Units and Condominium
Hotel units were occupied as traditional hotel rooms.
B. The design of the Anaheim GardenWalk project shall incorporate the hotels as integral
components of the site plan, and the Anaheim GardenWalk project’s construction shall
be consistent with said plan.
Planning
75. A public art program shall be installed within the boundaries of the Anaheim GardenWalk
project. Prior to approval of the first Final Site Plan, the public art element concept
(including location, description and budget), shall be submitted to the City of Anaheim
for review and approval. The public art element shall be installed prior to the first final
building and zoning inspections for the structures or components in the development
phase in which it is proposed to be located, excluding the parking structure.
Planning
76. Deleted by Resolution No. 2011-121. Planning
77. The land uses permitted in each development phase shall comply with The Disneyland
Resort Specific Plan No. 92-1 document, as amended.
Planning
78. The project development density shall not exceed that which is specified in the City of
Anaheim General Plan, Land Use Element, Table LU-4 “General Plan Density Provisions
for Specific Areas of the City”, and The Disneyland Resort Specific Plan No. 92-1, as
amended for the Anaheim GardenWalk Overlay.
Planning
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
79. Prior to issuance of the first building permit or approval of the first grading permit,
whichever occurs first, for development that incorporates all or a portion of the following
parcel(s), the property owner(s) shall submit a letter to the Planning Department
requesting termination of the zoning petitions associated with said underlying parcel(s)
(which zoning entitlements are not associated with the Anaheim GardenWalk project), as
follows:
Pyrovest (Anaheim Plaza Hotel and Suites) parcel
Variance No. 1021: Approved by the Planning Commission under Resolution No. 40,
Series, 1958-1959, to establish a motor hotel and appurtenant uses at 1660-1720 South
Harbor Boulevard; and by the City Council on September 2, 1958 under Resolution No.
4733 regarding only the “appurtenant uses”)
Variance No. 3433: Approved on October 29, 1984 under Resolution No. PC84-225 for
waiver of permitted number and type of flags to retain 25 roof-mounted flags in the CR
Zone at 1700 South Harbor Boulevard)
Planning
80. Prior to approval of final site plans for any vacation ownership resort units within the
Anaheim GardenWalk Overlay, the property owner/developer shall submit information to
the Planning Department indicating the provision of facilities, amenities, or design
features usually associated with hotels (for example, lobbies, check-in areas, registration
desks, service closets, laundry facilities, etc.) in compliance with Code Section
18.114.120.050.0503, and further, whether any kitchen facilities suitable for visitors are
proposed, in compliance with Code Section 18.114.120.050.0504. Plans and information
submitted for final site plan approval shall be in compliance with Code Section
18.114.070, excepting Subsection .0712 (required parking demand study).
Planning
81. A. Prior to approval of each final site plan for a condominium hotel, CC&R’s and a
Master Lease shall be submitted to the Planning Department and the City Attorney’s
Office for review and approval. The final CC&Rs and Master Lease shall be
consistent with Conditional Use Permit No. 4078, as amended, on file in the Planning
Department, The Disneyland Resort Specific Plan and the City of Anaheim General
Plan. The CC&Rs and Master Lease shall not be amended or terminated without the
prior written approval of the Planning Director and modification of land use permits as
may be required to authorize and reflect the changes in the CC&Rs and/or the Master
Lease.
B. Prior to approval of each final site plan for a condominium hotel, the property
owner/developer shall have a title company review the airspace condominium map and
certify that the airspace condominium map has created insurable units for sale as
commercial condominium units.
C. On-going during project operation, any non-residential condominium hotel developed
as part of this project shall be maintained and operated as a hotel (with the exception of
the proposed financing structure), as approved by Conditional Use Permit No. 4078
and in accordance with approved final site plans.
D. On-going during project operation, Transient Occupancy Tax shall be collected for all
non-residential condominium hotel rooms as set forth in Chapter 2.12 (Transient
Occupancy Tax) of the Anaheim Municipal Code.
Planning
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
E. On-going during project operation, for any non-residential condominium hotel, owners
use of airspace condominium units shall be limited to fourteen (14) days per calendar
year, and shall be subject to the payment of Transient Occupancy Tax based upon the
hotel room rate of a comparable hotel room.
F. On-going during project operations, any non-residential condominium hotel developed
as part of this project shall be managed, maintained and operated by a single qualified
professional entity.
G. On-going during project operations, at no time shall any hotel rooms developed as part
of this project be occupied as residential dwelling units.
82. Approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Anaheim Municipal Zoning 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.
Planning
83. The owner/manager for any ABC licensed location or Entertainment business shall
submit a detailed security plan for approval of the Chief of Police or his/her designee that
includes security measures including the number of security personnel. Security
personnel will comply with Business and Professions code 7574. Any amendments to the
plan shall be approved by the Chief of Police or his/her designee and shall also be filed
with the Police Department, Vice Detail and the Planning Department.
Planning
Police
84. Within sixty (60) days of the approval of Conditional Use Permit No. 4078E, the property
owner or his/her designee shall submit a detailed security plan to address the additional
security needs created by the changing tenant mix. This plan should include minimum
staffing levels by day and time. Once approved, a copy of the security plan shall be
maintained with the Police Department, Vice Detail and the Planning Department. Any
amendments to the plan shall be approved by the Chief of Police or his/her designee and
shall also be filed with the Police Department, Vice Detail and the Planning Department.
Security measures shall be reviewed and discussed with the Chief of Police or his/her
designee by the business and property owners on an on-going basis.
Planning
Police
85. Within sixty (60) days of the approval of Conditional Use Permit No. 4078E, the property
owner or his/her designee shall submit an updated Parking Maintenance and Operation
Plan as required by Mitigation Monitoring Program No. 004a. In addition to review and
approval by the Planning Department, the plan shall also be submitted for review and
approval by the Chief of Police or his/her designee. The plan shall promote a safe
environment for the circulation of persons and vehicles, and the prevention of crime in the
parking facilities. This plan shall include measures to ensure reasonable egress times for
vehicles out of the parking lot. Any amendments to the plan shall be filed with the Police
Department, Vice Detail and the Planning Department.
Planning
Police
86. Following the issuance of a Certificate of Occupancy for both hotels in Area A, project
ownership will implement a valet program during peak demand periods that will create
sufficient additional parking supply to satisfy such demand. The valet program shall be
implemented in accordance with the Parking Maintenance and Operations Plan.
Planning
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
87. Implementation of Conditional Use Permit No. 4078F, including the Coordinated Sign
Program, dated December 2015, and electronic readerboard sign, is contingent upon the
approval of Zoning Code Amendment No. 2015-00131. Permits for any signs shall not be
issued until after the effective date of the ordinance approving Zoning Code Amendment
No. 2015-00131.
Planning
88. Implementation of Conditional Use Permit No. 4078H, including the Coordinated Sign
Program, dated October 2016, and icon/themed signage element, is contingent upon the
approval of Zoning Code Amendment No. 2015-00134. Permits for any signs shall not be
issued until after the effective date of the ordinance approving Zoning Code Amendment
No. 2015-00134.
Planning
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2016-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY
COUNCIL APPROVE AND ADOPT ADJUSTMENT NO. 10 TO
THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP 92-1)
(ADJUSTMENT NO. 10 TO THE DISNEYLAND
RESORT SPECIFIC PLAN NO. 92-1 (SP 92-1))
(DEV2010-00166H)
(321 WEST KATELLA AVENUE AND 400 WEST DISNEY WAY)
WHEREAS, on June 22, 1999, the Anaheim City Council did, by its Resolution No. 99R-
136, grant Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle Retail and
Entertainment Complex consisting of up to 565,000 gross square feet of
retail/dining/entertainment uses; two to three hotels comprising 1,050 rooms/suites with
approximately 86,985 gross square feet of related accessory uses (the hotel rooms/accessory uses
would encompass a maximum of 923,800 gross sq. ft.) and an approximately 141,200 gross sq.
ft. area on the top floor of the parking structure to be used to provide parking and/or hotel
amenities serving guests and patrons of the Pointe Anaheim hotels only; up to three theaters with
a total of 4,600 seats for live performances or, alternatively, a 24-screen movie theater with
4,757 seats; a 1,600,000 gross sq. ft. parking structure with 4,800 striped parking spaces and 25
bus spaces with provision to park an additional 400 vehicles, which would bring the total number
of vehicles that can be accommodated in the garage to 5,200 cars, and including a 21,600 gross
sq. ft. bus terminal/facility for airport transport and to/from sightseeing venues; and waiver of the
minimum number of parking spaces (7,668 spaces required, 4,800 striped spaces proposed with
provision for an additional 400 vehicles which would bring the total number of vehicles that can
be accommodated in the parking structure to 5,200); with development of the project to take
place in a single phase; and
WHEREAS, on February 26, 2002, the Anaheim City Council did, by its Resolution No.
2002R-57, amend Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle
Retail and Entertainment Complex consisting of up to 634,700 gross sq. ft. of
retail/dining/entertainment uses (which includes a 94,000 sq. ft. aquarium); up to four hotels
comprising a maximum of 1,662 hotel rooms/suites (of which up to 200 units may be Vacation
Ownership Resort units) with approximately 322,071 gross sq. ft. of related accessory uses, of
which up to 178,120 gross sq. ft. on top of the parking structure may be used for a hotel
conference center (the hotel rooms/suites and accessory uses would encompass a maximum of
1,370,711 gross sq. ft.); and, a 1,949,800 gross sq. ft. parking structure with up to 4,800 striped
parking spaces and 15 bus spaces with a 10,200 sq. ft. bus terminal/facility for airport transport
and to/from sightseeing venues; with the proposed development taking place in up to five phases;
and, with a waiver of the minimum number of parking spaces (6,581 spaces required, up to 4,800
spaces proposed at full project build-out); and,
- 2 - PC2016-***
WHEREAS, on December 14, 2004, the City Council did, by its Resolution No. 2002R-
253 amend Conditional Use Permit No. 4078, to extend the date by which the developer must
commence construction of the Initial Phase of Development (from within 3 years after February
26, 2002 to February 26, 2006) and to reflect the name of the new owner (Anaheim GW, LLC);
and
WHEREAS, on December 12, 2005, the Planning Commission, by its Resolution No.
PC2005-160, approved an amendment to Conditional Use Permit No. 4078, to extend the date by
which the developer must commence construction of the Initial Phase of Development (from
February 26, 2006 to February 26, 2007); and
WHEREAS, on April 11, 2006, the City Council did, by its Resolution No. 2006-063,
approve an amendment to Conditional Use Permit No. 4078 to modify the Anaheim GardenWalk
project (formerly Pointe Anaheim Lifestyle Retail and Entertainment Complex) to permit the
following: 569,750 gross square feet of retail/dining/entertainment uses, including movie
theaters; 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square
feet of hotel accessory uses; a transportation center, and 4,800 parking spaces and 15 bus spaces
with a 10,200 sq. ft. bus terminal/facility; and with a waiver of the minimum number of parking
spaces (6,984 spaces required, up to 4,800 spaces proposed at full project build-out); and
WHEREAS, on September 27, 2010, pursuant to Chapters 18.66, 18.68, 18.72 and
18.114 of the Anaheim Municipal Code (the "Code"), Peter Houck, as authorized agent for
Katella Anaheim Retail, LLC, submitted applications for General Plan Amendment No. 2010-
00061, Amendment No. 8 to The Disneyland Resort Specific Plan, Amendment No. 3 to the
Second Amended and Restated Development Agreement No. 99-01 by and between the City and
Katella Anaheim Retail, LLC, and amendments to Conditional Use Permit No. 4078 and Final
Site Plan No. 2006-00002, all of which applications pertain to the Anaheim GardenWalk
Overlay of The Disneyland Resort Specific Plan, the location of which is generally depicted on
the map attached hereto as Exhibit A; and
WHEREAS, the retail, dining and entertainment uses and associated parking facilities for
Anaheim GardenWalk have been subsequently developed in accordance Conditional Use Permit
No. 4078 within a three-story concourse featuring landscaping, fountains, and seating areas.
Tenants include a mix of general purpose merchandise stores; full-service restaurants; specialty
and walk-up/fast food establishment; bar/nightclubs; a 14-screen movie theater; a 20,000-square
foot fitness facility; and a 44-lane bowling facility. The concourse structure also includes back-
of-house areas such as management and security offices, service corridors, utility rooms, and
loading areas. The constructed parking facilities include a multi-level parking garage with 2,606
parking spaces and a transportation center with parking for 15 buses. In addition, a
concierge/ticket service and Police substation are located on the ground floor; and
WHEREAS, on August 16, 2011, the City Council, by its Resolution No. 2011-121,
approved an amendment to Conditional Use Permit No. 4078, as previously amended, including
changes to the mix and allocation of land uses, the waiver of minimum number of parking
spaces, the conditions of approval and the exhibits; and
WHEREAS, on January 11, 2016, the Planning Commission, by its Resolution No.
PC2016-001, approved an amendment to Conditional Use Permit No. 4078, as previously
amended, to revise the Coordinated Sign Program for the Anaheim GardenWalk project to
permit electronic message boards for certain qualified land uses subject to the approval of a
conditional use permit; and
- 3 - PC2016-***
WHEREAS, the Planning Commission did receive a verified petition for approval of (1)
Adjustment No. 10 to the Disneyland Resort Specific Plan No. 92-1 (SP 92-1) (herein referred to
as "Adjustment No. 10") to permit an increase in the height of "icon/themed signage elements"
for the Anaheim GardenWalk project from thirty (30) feet to ninety (90) feet, and (2) an
amendment to Conditional Use Permit No. 4078 (designated as "Conditional Use Permit No.
4078H") to permit an amendment to the Coordinated Sign Program for the Anaheim
GardenWalk project that will permit a fourth Major Business Identification Sign on the north
building elevation, facing Disney Way, and an icon/themed signage element, specifically a water
tower with two painted logos on the roof of the building, adjacent to Disney Way; and
WHEREAS, Adjustment No. 10 and Conditional Use Permit No. 4078H shall be referred
to herein collectively as the “Proposed Project”; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 17, 2016 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project,
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines and recommends that the
City Council also find and determine 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 replacement of minor structures, accessory to (appurtenant to) existing
commercial facilities, industrial, or institutional facilities". Section 15311 of the CEQA
Guidelines provides examples of projects that qualify for an exemption from the provisions of
CEQA within that class of projects. The example that is applicable to the Proposed Project is for
on-premise signs. The Proposed Project fits within that example and, therefore, pursuant to
Section 15311 of the CEQA Guidelines, will not cause a significant effect on the environment
and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission finds and determines that the increase in the
height of "icon/themed signage elements" for the Anaheim GardenWalk project from thirty (30)
feet to ninety (90) feet is within the maximum structural height permitted for the GardenWalk
project, as defined by the "Anaheim Commercial-Recreation Area Permitted Structural Height
Map"; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the Planning Commission considered all
factors relating to the Proposed Project, the Planning Commission desires to recommend that the
City Council approve Adjustment No. 10 by the adoption of the ordinance attached hereto as
Exhibit B; and
- 4 - PC2016-***
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, pursuant to the above findings and based upon
a thorough review of Adjustment No. 10 and the evidence received to date, the Planning
Commission does hereby recommend that the City Council approve Adjustment No. 10 by the
adoption of the ordinance attached hereto as Exhibit B, it being understood that Adjustment No.
10 and the ordinance attached hereto as Exhibit B may be approved and adopted or denied by the
City Council in its sole discretion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 17, 2016.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2016-***
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 October 17, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
Exhibit "B"
Page 1 of 3
EXHIBIT "B"
REDLINED TO SHOW
REVISIONS TO CURRENT
MUNICIPAL CODE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBPARAGRAPH .05 OF PARAGRAPH .0602
(CONDITIONALLY PERMITTED SIGNS) OF SUBSECTION
.060 (BUSINESS AND IDENTIFICATION SIGNS) OF
SECTION 18.114.130 (SIGN REGULATIONS) OF CHAPTER
18.114 18.114 (DISNEYLAND RESORT SPECIFIC PLAN NO.
92-1 (SP 92-1) ZONING AND DEVELOPMENT STANDARDS)
OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL
CODE TO PERMIT AN INCREASE IN THE HEIGHT OF
ICON/THEMED SIGNAGE ELEMENTS FOR THE ANAHEIM
GARDENWALK PROJECT, AND FINDING AND
DETERMINING THAT THIS ORDINANCE IS
CATEGORICALLY EXEMPT FROM THE PROVISIONS OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO SECTION 15311 OF THE STATE
CEQA GUIDELINES.
(ZONING CODE AMENDMENT NO. 2016-00134)
(ADJUSTMENT NO. 10 TO THE DISNEYLAND RESORT
SPECIFIC PLAN NO. 92-1 (SP 92-1))
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 desires to amend subparagraph .05 of paragraph .0602
(Conditionally Permitted Signs) of subsection .060 (Business and Identification Signs) of Section
18.114.130 (Sign Regulations) of Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP
92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Code for the Anaheim
GardenWalk to permit an increase in the height of "icon/themed signage elements", as defined
therein, from thirty (30) feet to ninety (90) feet; and
WHEREAS, pursuant to 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 this ordinance; and
ATTACHMENT NO. 3
Exhibit "B"
Page 2 of 3
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the City Council finds and determines that the effects of this
ordinance are typical of those generated within that class of projects (i.e., Class 11 – Accessory
Structures) which consist of the "construction, or replacement of minor structures, accessory to
(appurtenant to) existing commercial facilities, industrial, or institutional facilities". Section
15311 of the CEQA Guidelines provides examples of projects that qualify for an exemption from
the provisions of CEQA within that class of projects. The example that is applicable to this
ordinance is for on-premise signs. This ordinance fits within that example and, therefore,
pursuant to Section 15311 of the CEQA Guidelines, will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA; 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
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That subparagraph .05 of paragraph .0602 (Conditionally Permitted Signs) of subsection
.060 (Business and Identification Signs) of Section 18.114.130 (Sign Regulations) of Chapter
18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development
Standards) of Title 18 (Zoning) of the Code be, and the same is hereby, amended and restated to
read in full as follows:
.05 In the Anaheim GardenWalk Overlay, up to two (2) icon/themed signage
elements (defined as “a structure, sculpture, or having the nature of, an icon,
which is a nationally-recognized image or object, including, but not limited to,
trademarked objects, logos, or other images and figures associated with
nationally-recognized corporate identities”) shall be permitted subject to the
approval of Conditional Use Permit No. 4078, as amended, or a separate
conditional use permit provided that the signage shall be associated with a use
approved for the Anaheim GardenWalk project pursuant to Section 18.114.105
(Anaheim GardenWalk Overlay); the size, location, height (not to exceed thirty
(30) ninety (90) feet in height measured from the elevation of the public sidewalk
closest to the location of the element), and design of the signage shall be
determined by the conditional use permit, and further provided that the maximum
height of the icon/themed project element in the interior of Area A may be
permitted up to a height of 75 feet measured from the elevation of the public
sidewalk closest to the location of the element (Disney Way) to the top of the
element, provided that the element is proposed without any signage, including
logos, trademarked objects or other images and figures associated with nationally-
recognized corporate identities, excluding signage that is visible to the interior of
the project only, and is located a minimum of two hundred (200) feet from the
public right-of-way.
SECTION 2.
Exhibit "B"
Page 3 of 3
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the ____ day of ______________, 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the ____ day of
______________, 2016, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
ATTACHMENT NO. 4
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Picture #4 Interior Mall Distance: 836'
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NO. 5
Picture #1 I-5 View
Distance: 1244'
Picture #2 Disney
Way
Distance: 150'
Picture #3 Disney
Way
Distance: 150'
Picture #4 Interior
Mall
Distance: 836'
Picture #5 Interior
Mall
Distance: 340'
Picture #6 Katella
Way
Distance: 146'
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 1
EXTERIOR SIGNAGE
PROGRAM
HOUSE OF BLUES | ANAHEIM
CITY OF ANAHEIM: PLANNING DEPARTMENT SUBMITTAL
ATTACHMENT NO. 6
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 2
PROJECT ADDRESS
ANAHEIM GARDENWALK
321 W. Katella Avenue
Anaheim, California U.S.A. 92802
(714) 635 7400
HOUSE OF BLUES
400 W. Disney Way, Suite 337
Anaheim, California U.S.A. 92802
MAP LOCATION
PROJECT SUMMARY
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 3
BUSINESS IDSIGNAGE
Major Business
Sign
Major Tenant
Business ID
Water Tower
Icon Sign
Element
Pg.6
Pg.5
Pg.6
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 4
KEY PLAN
BUSINESS ID SIGNAGE
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 5
MAJOR TENANT BUSINESS ID - OPT A
KATELLA AVENUE
CONTEXT ELEVATION
SCALE: 1/16” = 1’-0”2
22’-6”
2’-6”
10”
18”
SIGN ELEVATION
SCALE: 1/2” = 1’-0”1
MAJOR TENANT BUSINESS ID
LETTER HT. 30” MAX
SYMBOL HT. 42” MAXINTERNALLY ILLUMINATED
CHANNEL LIT LETTERS
Sign Type. A3.02
HOUSE OF BLUESRESTAURANT & LIVE MUSIC
(KATELLA)
HOUSE OF BLUESR
E
S
T
AU
R
A
N
T
&
L
I
V
E
M
U
S
I
C
(KATELLA)
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 6
(DISNEY WAY)(DISNEY WAY)
ICONTHEMED SIGN ELEMENT
REQUIRES CUP
MAX AREA 93 SQ FT
PAINTED WITH EXTERNAL ILLUMINATION
MAJOR BUSINESS SIGN
MAX AREA 220 SQ FT
SIGN IS 100 SQ FT
42” MAX. LETTERS
WITH ILLUMINATION
28
'
-
1
1
"
1'-6"
FULL FRONT ELEVATION - DISNEY WAY
SCALE: 1/16” = 1’-0”1
86'-10"
70'-10"
16’-0”
14’-0”
58'-4”
28'-6”
3'-2" 3'-2”23”
11”
28'-6”
(DISNEY WAY)(DISNEY WAY)
ICONTHEMED SIGN ELEMENTREQUIRES CUPMAX AREA 93 SQ FTPAINTED WITH EXTERNAL ILLUMINATION
MAJOR BUSINESS SIGN
MAX AREA 220 SQ FT
SIGN IS 100 SQ FT
42” MAX. LETTERS
WITH ILLUMINATION
28
'
-
1
1
"
1'-6"
FULL FRONT ELEVATION - DISNEY WAY
SCALE: 1/16” = 1’-0”1
86'-10"
70'-10"
16’-0”
14’-0”
58'-4”
28'-6”
3'-2" 3'-2”23”
11”
28'-6”
CONTEXT ELEVATION
SCALE: 1/16” = 1’-0”1
PERSPECTIVE VIEW
SCALE: NTS2
WATER TOWER ELEMENT AND WALL SIGN
DISNEY WAY
CONTEXT ELEVATION
SCALE: 1/16” = 1’-0”1
PERSPECTIVE VIEW
SCALE: NTS2
SCALE:NONE
ROOF TOP WATER TOWER PERPSECTIVE VIEW
RECLAIMED WOOD PLANKS
BLACKENED STEEL
ROOF SHINGLES
TUBE STEEL SUPPORTS
1
6
'
14'
PHOTOSIMULATION
FACING SOUTH ON DISNEY WAY
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 7
WATER TOWER DETAILS
10007N61
10005N61
10002N61
10001N6110010N61
10009N61
10008N61
10006N61
10004N61
10003N61
OOOO
O
O
O
O
O
O
O
O
O
O
O
O
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O
O
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O
O
OOOOOO
10012M71
10011M71
10014M71
10013M71
O O O O O O O O O O O O O O OM71
N61N61
GLEN COBENARCHITECTURE + DESIGN,PLLC
GLEN & CO ARCHITECTURE
OWNER / CLIENT:
NO. REMARKS
LIVE NATION ENTERTAINMENT, INC.
SHEET #
SHEET TITLE:
PROJECT NO.:
DATE:
DRAWN:
SCALE:
HOUSE OF BLUES ATANAHEIM GARDENWALK
ARCHITECT OF RECORD ANDSTRUCTURAL ENGINEER:
4.25.16:P.C.C. / BID SET
5.26.16: STRUCT. FRAMING
06.09.16: PC2 / BID / PERMIT
07.07.16: PC3
07.29.16: ADDENDUM #2
08.15.16:ADDENDUM #3
.
.
.
.
PROJECT:
DESIGN / ARCHITECT:
PROJECT MANAGER:
MEP ENGINEER:
FOOD SERVICE CONSULTANT:
LIGHTING INTERGATOR/CONTROLS:
ENGINEER STAMP:
LIGHTING DESIGN:
VENDOR:
AUDIO VISUAL DESIGNER:
REVISIONS
6595 RIVERDALE ST.SAN DIEGO, CA, 92129PH. 619.727.4800
smith&boucher
EXTERIOR WATERTOWER ELEVATION 1SCALE: 1/4" = 1'-0"
LT-610.00
ROOF PLAN & ELEVATION
1550
March 14, 2016
AS SHOWN
MM
EXTERIOR WATERTOWER PLAN 2SCALE: 1/4" = 1'-0"
HOB LogoFacing MallWalkway
HOB LogoFacing I-5
Lighting Notes:
1. LED Strip lighting tobe installed behind a
light cove so that the
light source is not
visible. This LED strip
is only meant to washthe Water Tower.
2. LED uplights are for
Logo lighting only. No
flashing or moving
Lights allowed.
1
2
1
2
Water Tower Logo Dimensions
3" BlackSteel Bands
East Elevation
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 8
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 7
CONTEXT ELEVATION
SCALE: 1/16” = 1’-0”1
PERSPECTIVE VIEW
SCALE: NTS2
WATER TOWER PERSPECTIVE
SCALE:NONE
ROOF TOP WATER TOWER PERPSECTIVE VIEW
RECLAIMED WOOD PLANKS
BLACKENED STEEL
ROOF SHINGLES
TUBE STEEL SUPPORTS
1
6
'
14'
LED STRIP
LED PARS
ROOF
MOUNTEDBELOW
PARAPET
WATER TOWER LIGHTING DETAILS
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 9
PHOTOSIMULATION
FACING WEST ON DISNEY WAY
KE
Y
P
L
A
N
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 10
KE
Y
P
L
A
N
PHOTOSIMULATION
FACING SOUTHWEST ON I5
HOUSE OF BLUES ANAHEIM | Planning Department Submittal | June 2016 11
KE
Y
P
L
A
N
PHOTOSIMULATION
FACING NORTH FROM GARDENWALK INTERIOR
OPEN
Sign Type. M.01 Sign Type. M.03
MAJOR TENANT BUSINESS ID
MAX AREA 220 SQ FT
LETTER HT. WITH LOGO 48” MAX.
LOGO ONLY 60” MAX.
INTERNALLY ILLUMINATED
CHANNEL LIT LETTERS
MAJOR TENANT BUSINESS ID
MAX AREA 220 SQ FT
LETTER HT. WITH LOGO 48” MAX.
LOGO ONLY 60” MAX.
INTERNALLY ILLUMINATED
CHANNEL LIT LETTERS
Sign Type. M.04 Sign Type. M.05
MAJOR TENANT BUSINESS ID
MAX AREA 220 SQ FT
LETTER HT. WITH LOGO 48” MAX.
LOGO ONLY 60” MAX.
INTERNALLY ILLUMINATED
CHANNEL LIT LETTERS
ICON/THEMED SIGN ELEMENT
REQUIRES CUP
MAX AREA 93 SQ FT
PAINTED WITH EXTERNAL
ILLUMINATION
Sign Type. M.02
MAJOR TENANT BUSINESS ID
MAX AREA 220 SQ FT
LETTER HT. WITH LOGO 48” MAX.
LOGO ONLY 60” MAX.
INTERNALLY ILLUMINATED
CHANNEL LIT LETTERS
BUSINESS IDENTIFICATION
WALL SIGN
110 SQ FT MAX.
LETTER WITH LOGO HT. 36” MAX.
LOGO ONLY 48” MAX.
INTERNALLY ILLUMINATED
CHANNEL LIT LETTERS
PARKING STRUCTURE ENTRY AND PROJECT
IDENTIFICATION WALL SIGN
MAX AREA 300 SQ FT
LETTER HT. 52” MAX.
SUCH SIGN SHALL BE LIMITED TO IDENTIFICATION OF
THE ANAHEIM GARDENWALK PROJECT AND THE HOTEL/VACATION
OWNERSHIP RESORT LOCATED ABOVE THE PARKING STRUCTURE
SEE INTERIOR PACKAGEINFORMATIONAL, REGULATORY
AND DIRECTIONAL SIGN
Sign Type. A2
PROJECT ID SIGN
TOTAL 504 SQ FT
DOUBLE SIDED
WITH ILLUMINATION
28
'
-
1
1
"
1'-6"
30'-6"30'-6"30'-6"
7'-
0
"
7'-
0
"
58
'
-
4
"
FULL FRONT ELEVATION - DISNEY WAY
SCALE: 1/16” = 1’-0”1
28'-6”
14’-0”
16’-0”
Anaheim GardenWalk | 100% Design Development | City Submittal Package | Overview | September 2016
DISNEY WAY ELEVATION
Pg. 27
Pg. 23
KEY PLAN
ATTACHMENT NO. 7
Major Tenant
Business ID
Major Tenant
Business ID
Icon/Themed
Sign Element
Pg.27
Pg.27
Pg.27
Anaheim GardenWalk | 100% Design Development | City Submittal Package | Business ID Signage | September 2016 26
KEY PLAN
Business ID Signage
Anaheim GardenWalk | 100% Design Development | City Submittal Package | Business ID Signage | September 2016 27
OPEN
Sign Type. M.01 Sign Type. M.03
MAJOR TENANT BUSINESS ID
MAX AREA 220 SQ FT
LETTER HT. WITH LOGO 48” MAX.
LOGO ONLY 60” MAX.
INTERNALLY ILLUMINATED
CHANNEL LIT LETTERS
MAJOR TENANT BUSINESS ID
MAX AREA 220 SQ FT
LETTER HT. WITH LOGO 48” MAX.
LOGO ONLY 60” MAX.
INTERNALLY ILLUMINATED
CHANNEL LIT LETTERS
Sign Type. M.04 Sign Type. M.05
MAJOR TENANT BUSINESS ID
MAX AREA 220 SQ FT
LETTER HT. WITH LOGO 48” MAX.
LOGO ONLY 60” MAX.
INTERNALLY ILLUMINATED
CHANNEL LIT LETTERS
ICON/THEMED SIGN ELEMENT
REQUIRES CUP
MAX AREA 93 SQ FT
PAINTED WITH EXTERNAL
ILLUMINATION
Sign Type. M.02
MAJOR TENANT BUSINESS ID
MAX AREA 220 SQ FT
LETTER HT. WITH LOGO 48” MAX.
LOGO ONLY 60” MAX.
INTERNALLY ILLUMINATED
CHANNEL LIT LETTERS
BUSINESS IDENTIFICATION
WALL SIGN
110 SQ FT MAX.
LETTER WITH LOGO HT. 36” MAX.
LOGO ONLY 48” MAX.
INTERNALLY ILLUMINATED
CHANNEL LIT LETTERS
Sign Type. A2
PROJECT ID SIGN
TOTAL 504 SQ FT
DOUBLE SIDED
WITH ILLUMINATION
28
'
-
1
1
"
1'-6"
30'-6"30'-6"30'-6"
7'-
0
"
7'-
0
"
58
'
-
4
"
FULL FRONT ELEVATION - DISNEY WAY
SCALE: 1/16” = 1’-0”1
28'-6”
14’-0”
16’-0”
MAJOR TENANT BUSINESS ID
CONTEXT ELEVATION
SCALE: 1/16” = 1’-0”1
PERSPECTIVE VIEW
SCALE: NTS2
CONTEXT ELEVATION
SCALE: 1/16” = 1’-0”1
PERSPECTIVE VIEW
SCALE: NTS2
BOWLMOR Tenant sign
by others
Future Major Tenant.
Sign Design TBD
Future Major Tenant.
Sign Design TBD
30'-6"30'-6"
7'-
0
"
20'-9"
58
'
-
4
"
5'-7 1/4"
M.01-M.05
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. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: OCTOBER 17, 2016
SUBJECT: RECLASSIFICATION NO. 2015-00285 CONDITIONAL USE PERMIT NO. 2015-05844
TENTATIVE TRACT MAP NO. 17975
LOCATION: 2301, 2323 and 2331 West Lincoln Avenue
APPLICANT/PROPERTY OWNER: The applicant is Darryl Moore representing
Aegis Builders and the property owner is Kenneth Catanzarite.
REQUEST: The applicant is requesting approval of the following land use
entitlements:
1) A Reclassification, or rezoning, of the property from the “C-G”
General Commercial zone to the “RM-3” Multiple Family Residential
zone;
2) A Conditional Use Permit to allow a 48-unit attached and detached
single-family residential development with modified development
standards;
3) A Tentative Tract Map to create a 48-unit residential subdivision.
RECOMMENDATION: Staff recommends that the Planning Commission approve
the attached resolutions, determining that this request is categorically exempt under
the California Environmental Quality Act (Class 32, In-Fill Development Projects),
and approving Reclassification No. 2015-00285, Conditional Use Permit No. 2015-
05844, and Tentative Tract Map No. 17975.
BACKGROUND: This 2.8-acre site is located in the C-G zone and is developed
with an office complex. The site is designated for Low-Medium Density Residential
land uses by the General Plan. Surrounding uses include an elementary school to the
north, a church to the east, an office building (with a church) to the west and an
attached and detached single-family residential development to the south across
Lincoln Avenue. This project was continued from the October 3, 2016 Planning
Commission meeting in order for the request to be readvertised.
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
October 17, 2016
Page 2 of 8
PROPOSAL: The applicant proposes to demolish the existing office buildings and construct 22
attached condominiums and 26 detached single-family residences using the RM-3 (Multiple-
Family Residential) zone development standards. The residential buildings would be 3-stories
(40 feet) in height with private roof-top decks. The units would all include three bedrooms and
range in size from 1,862 to 2,034 square feet. As depicted in the rendering below, the homes are
designed with a contemporary architectural style. The buildings would be enhanced with stone
and wood accents, smooth plaster and metal railings.
Access to the development would be provided by a gated driveway along Lincoln Avenue, which
runs parallel to the site’s southern boundary. The driveway would be divided by a landscaped
island with a guest call box, creating separate lanes for ingress and egress. A 20 to 28-foot wide
private drive would loop through the project providing vehicular access to the private garages
and surface parking for residents and guests. There are also two additional driveways that would
provide egress only to Lincoln Avenue. The private drive would include a 20-foot wide
easement to allow for emergency fire truck and sanitation vehicle access. A total of 144 parking
spaces (three spaces per unit) are required for this project and 144 spaces are proposed. The
parking spaces would consist of 96 garage spaces and 48 surface spaces for both residents and
guests. Pedestrian access paths are provided throughout the project providing connectivity
between the units and outdoor parking areas.
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
October 17, 2016
Page 3 of 8
Rendering of Interior Pedestrian Access
The project would also include 4,248 square feet of common recreational leisure area. A small
park with play equipment, benches and a shade structure would be located at the northern
property line. In addition, 23,602 square feet of code compliant private recreational leisure area
would be provided by roof-top decks for all of the units. The Code requires a combined total of
16,800 square feet of common and private recreational-leisure area and 27,850 square feet is
being provided. A detailed development summary is included as Attachment No. 1 to this report.
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
October 17, 2016
Page 4 of 8
Recreation Area
FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each
requested action:
Reclassification: This property is located in the C-G zone. A reclassification, or rezoning, to
the RM-3 zone is being requested in order to develop attached and detached, single-family
homes. The intent of the RM-3 Zone is to promote the development of single-family attached
and detached development in an attractive environment. The density of the proposed project is
consistent with and would implement the property’s Low-Medium Density Residential General
Plan land use designation. The density of the proposed project is 16.8 units to the acre and the
Low-Medium Density Residential land use designation allows up to 18 units per acre. As
described below, the proposed reclassification supports several General Plan policies intended to
provide a variety of quality housing opportunities to address the City’s diverse housing needs;
therefore, staff recommends approval of the reclassification request.
The Land Use Element of the General Plan provides the following goals which would be
supported by the development of this project:
o Goal 1.1: Preserve and enhance the quality and character of Anaheim’s mosaic of
unique neighborhoods.
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
October 17, 2016
Page 5 of 8
o Goal 2.1: Continue to provide a variety of quality housing opportunities to address the
City’s diverse housing needs.
o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and
stimulate appropriate development at strategic locations.
o Goal 3.2: Maximize development opportunities along transportation routes.
o Goal 4.1: Promote development that integrates with and minimizes impacts to
surrounding land uses.
o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through
strategic infill development and revitalization of existing development.
Conditional Use Permit: The Zoning Code requires a conditional use permit to allow a
residential planned unit development for single-family attached and detached dwellings in the
RM-3 zone. In this zone, development standards, including setback and building separation
requirements, may be modified as part of a conditional use permit when it is determined that the
modifications serve to achieve a high quality project design, privacy, livability, and compatibility
with surrounding uses. Before the Planning Commission may approve the conditional use permit
for a planned unit development, it must make a finding of fact that the evidence presented shows
that all of the following conditions exist:
1) The uses within the project are compatible;
2) New buildings or structures related to the project are compatible with the scale, mass,
bulk, and orientation of existing buildings in the surrounding area, provided the existing
buildings conform with the provisions of this title;
3) Vehicular and pedestrian access are adequate;
4) The project is consistent with applicable design guidelines adopted by the City;
5) The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area;
6) 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;
7) 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.
The project complies with all development standards of the RM-3 Zone with the exception of
certain setback requirements. The applicant is requesting to modify the street setbacks adjacent
to Lincoln Avenue, interior setbacks, and minimum setbacks between buildings. Setbacks for
projects in the RM-3 Zone may be modified in connection with a conditional use permit when it
is determined that the modifications promote increased pedestrian activity, provide for a unified
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
October 17, 2016
Page 6 of 8
street frontage, ensure privacy and light for residential uses, provide for public spaces, and
promote compatibility with existing development. The project would be developed with the
following setback ranges:
Setback Area Required Setbacks Proposed Structural
Setbacks
Adjacent Land Use
Lincoln Avenue
20 feet
5-10 feet to the wall;
15 feet to the building
Residential (across
Lincoln Avenue)
Interior property
line to the north
20 feet
10 feet
Elementary School
Interior property
line to the west
20 feet
10 feet
Office Building
Interior property
line to the east
20 feet
10 feet
Church
Between
buildings
40 feet
8-26 feet
N/A
This project includes proposed modifications to the following development standards:
Street Setbacks Adjacent to Lincoln Avenue: The applicant is requesting 5 to 15 foot wide
structural setback where a 20-foot wide setback would typically be required adjacent to
Lincoln Avenue. In order to provide security and privacy to the future residents, the
applicant is requesting to construct a 6-foot high block wall within this front yard setback
area. The wall would be finished with smooth plaster and constructed with varied setbacks
from the front property line to create movement and articulation. A five to ten foot
landscaped planter between the fence and the property line would also be provided. The
intent of the required 20-foot wide setback on Lincoln Avenue is to ensure that adequate
separation and landscaping is provided adjacent to the street. Staff believes that the request
for a modification to the front setback requirement is appropriate since the building
elevations adjacent to Lincoln Avenue would maintain a minimum setback of 15 feet, include
attractive and enhanced architectural elements and the setback area would be densely
landscaped.
Interior Setbacks: The applicant is requesting 10-foot wide building setbacks where a 20-foot
wide setback would typically be required adjacent to the northern, eastern and western
property lines. The intent of the 20-foot setback along the interior property lines is to ensure
that adequate separation and landscaping is provided between adjacent uses. In order to
minimize visual impacts of this project upon the adjacent properties, the applicant is
proposing common open space areas, pedestrian pathways and enhanced landscaping along
the property lines consisting of densely planted trees. Staff believes that the request for a
modification to the interior setback requirement is justified since the reduced setback areas
would be located adjacent to existing commercial, office and school land uses. For these
reasons, staff recommends approval of the interior setback modification request.
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
October 17, 2016
Page 7 of 8
Building to Building Setbacks: The Zoning Code requires a 40-foot separation between
three-story buildings with parallel walls that are designated as “primary” walls.
Primary walls are building walls that contain an entrance and/or windows opening into
living areas. The setbacks required between the buildings are intended to ensure
privacy and light for residential uses, provide for public spaces, and promote
compatibility with existing development. The project would have 21-26 foot wide
paseos between the buildings and 8-foot wide side yards between the detached single
family homes. Walkways and planters would be located in the paseo areas to reduce
the massing of the buildings and provide pedestrian circulation within the project. Staff
believes that the modified separations between buildings are justified because the
modifications would allow for the efficient layout of buildings on the property and
provide greater usable common recreation-leisure areas in the project than could be
provided if the separations between buildings were increased. The elevations facing the
courtyards are enhanced with patios and balconies and are highly articulated with
quality design features. For these reasons, staff recommends approval of the building-
to-building setback modification request.
Tentative Tract Map: Before the Planning Commission may approve the tentative tract map, it
must make a finding of fact that the evidence presented shows that all of the following conditions
exist:
1) That the proposed subdivision of the Property, including its design and improvements, is
consistent with the General Plan of the City of Anaheim, and more particularly with the
"Low-Medium Density Residential" land use designation.
2) That the proposed subdivision of the Property, as shown on proposed Tentative Tract
Map No. 17975, including their design and improvements, is consistent with the zoning
and development standards of the proposed "RM-3" Multiple-Family Residential Zone
being proposed in conjunction with Reclassification No. 2015-00285.
3) That the site is physically suitable for the type and density of the proposed project.
4) That the design of the subdivision, as shown on proposed Tentative Tract Map No.
17975, is not likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has
been identified.
5) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17975
or the type of improvements is not likely to cause serious public health problems.
6) That the design of the subdivision, as shown on proposed Tentative Tract Map No.
17975, or the type of improvements will not conflict with easements acquired by the
public, at large, for access through or use of property within the proposed subdivision.
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
October 17, 2016
Page 8 of 8
A tentative tract map is required to create 48-lot, residential subdivision. All common areas,
including driveways, recreational areas, paseos and sidewalks would be owned and maintained
by the homeowner’s association.
The proposed density of 16.8 dwelling units per acre is permitted under the Low-Medium
Density Residential land use designation which allows up to 18 dwelling units per acre. The
tract map complies with all applicable regulations and is consistent with the density allowed
under the Low-Medium Density Residential General Plan designation. In addition, the project
is not likely to cause substantial environmental damage and will not conflict with easements
acquired by the public. Therefore, staff recommends approval of the tentative tract map
request.
Environmental Impact Analysis: The project’s potential environmental impacts have been
evaluated and staff recommends that the Planning Commission determine that the development
qualifies for a Class 32 “Infill Development Projects” exemption allowed under California
Environmental Quality Act. In order to support this determination, staff prepared an
environmental checklist and determined that the project would not result in any significant
effects relating to traffic, noise, air quality, or water quality. In reaching this conclusion, staff
determined that the subject property is less than five acres in size and surrounded by urban
uses; has no value as habitat for endangered, rare or threatened species; and, can be adequately
served by all required utilities and public services. Based on these findings, the project does
not meet the minimum thresholds that would suggest the potential for the project to cause a
significant effect on the environment.
CONCLUSION: Staff has carefully considered and reviewed this proposal and believes the
proposed project is designed in a manner that will provide a quality living environment for its
future residents and is compatible with the surrounding land uses. In addition, the proposed
project meets the goal to continue to provide a variety of quality housing opportunities to
address the City’s diverse housing needs. Staff recommends approval of the proposed request.
Prepared by, Submitted by,
Amy Vazquez Jonathan E. Borrego
Contract Planner, Lilley Planning Group Planning Services Manager
Attachments:
1. Development Summary
2.Draft Reclassification Resolution
3.Draft Conditional Use Permit Resolution
4.Draft Tentative Tract Map Resolution
5. Applicant’s Letter of Request
6.Complete Plan Set
7.Renderings
8. Class 32 Environmental Checklist
C-GOFFICES
RS-2S.F.R.
C-G (BCC)MEDICALOFFICE
RM-2 (BCC)TOWNHOMES76 DU
RM-4FOURPLEX
TSUBSTATION
RS-2SINGLEFAMILYRESIDENCE
RM-4APTS5 DU
TLOWE ELEMENTARY SCHOOL
C-GMEDICALOFFICE
RM-4APTS5 DU
RM-4CASA BELINDAAPARTMENTS91 DU
RM-4FOURPLEX
C-GRELIGIOUSUSE
C-G (BCC)RELIGIOUSUSE
TVICTORIA TOWNHOUSEAPARTMENTS264 DU
RS-2SINGLEFAMILYRESIDENCE
RS-2S.F.R.
TS.F.R.
C-GRETAIL
C-GRETAIL
PRDAD MILLERGOLF COURSE
W LINCOLN AVE W LINCOLN AVE
N M O N T E R E Y S T
W POLK AVE
N V E N T U R A S T
N B E L I N D A C I R
S H I D D E N P A T H
W CANOPY LN
S H E A R T W O O D W A Y
W. BROADWAY
W. LINCOLN AVE
W. CRESCENT AVE
S . D A L E A V E
N . D A L E A V E
N . M A G N O L I A A V E
S . M A G N O L I A A V E
N . B R O O K H U R S T S T
S . B R O O K H U R S T S T
W. LINCOLN AVE
2301, 2323 and 2331 West Lincoln Avenue
DEV No. 2015-00127
Subject Property
APN: 071-110-40071-110-41071-110-28
°0 50 100
Feet
Aerial Photo:June 2015
W LINCOLN AVE W LINCOLN AVE
N M O N T E R E Y S T
W POLK AVE
N V E N T U R A S T
N B E L I N D A C I R
S H I D D E N P A T H
W CANOPY LN
S H E A R T W O O D W A Y
W. BROADWAY
W. LINCOLN AVE
W. CRESCENT AVE
S . D A L E A V E
N . D A L E A V E
N . M A G N O L I A A V E
S . M A G N O L I A A V E
N . B R O O K H U R S T S T
S . B R O O K H U R S T S T
W. LINCOLN AVE
2301, 2323 and 2331 West Lincoln Avenue
DEV No. 2015-00127
Subject Property
APN: 071-110-40071-110-41071-110-28
°0 50 100
Feet
Aerial Photo:June 2015
DEVELOPMENT SUMMARY
Development Standard Proposed Project RM-3 Zone Standards
Site Area 2.8 N/A
Density 16.8 du/ac 18 du/ac max.
Floor Area 1,862 to 2,034 square feet 1,000 sq. ft. min.
Street Setback 5-15 feet 20 feet*
Interior Property Lines Setback 10 feet 20 feet*
Setbacks Between Buildings 8-26 feet 40 feet*
Building Height 40 feet 40 feet
Parking 144 spaces 144 spaces
Recreation-Leisure Area 27,850 square feet
(Common- 4,248 sq. ft.)
(Private- 23,602 sq. ft.) 16,800 square feet*
*May be modified by CUP
ATTACHMENT NO. 1
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2016-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2015-00285
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00127)
(2301, 2323 AND 2331 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to rezone or reclassify that certain real property
located at 2301, 2323, and 2331 West Lincoln Avenue in the City of Anaheim, County of
Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property") from the the “C-G” General Commercial
Zone to the "RM-3" Multiple-Family Residential Zone, which reclassification is designated as
"Reclassification No. 2015-00285" for the purpose of allowing the applicant to construct a 48-
unit detached and attached, single-family residential project (herein referred to as the “Project”)
; and
WHEREAS, the Property is approximately 2.8 acres in size and is located in the “C-G”
General Commercial Zone. The Property is designated on the Land Use Element of the General
Plan for "Low-Medium Density Residential” uses; and
WHEREAS, Reclassification No. 2015-00285 is proposed in conjunction with
Conditional Use Permit No. 2015-05844 and Tentative Tract Map No. 17975, now pending,
which, together with the Project, shall be referred to herein collectively as the "Proposed Project"
WHEREAS, Reclassification No. 2015-00285 proposes to apply the zoning and
development standards of the "RM-3" Multiple-Family Residential Zone to the Property; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (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, this Planning Commission finds and determines that the Proposed Project is
within that class of projects which consist of in-fill development meeting the conditions
described in Section 15332 of the CEQA Guidelines. Specifically, the Proposed Project (a) is
consistent with the applicable General Plan designation and all applicable General Plan policies
and is consistent with the applicable zoning designation and regulations, (b) is no more than five
acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered,
rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air
quality, or water quality, and (e) the Property can be adequately served by all required utilities
and public services. Accordingly, pursuant to Section 15332 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
- 2 - PC2016-***
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 17, 2016 at 5:00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of Chapter
18.60 of the Anaheim Municipal Code (the "Code"), to hear and consider evidence and
testimony for and against the Proposed Project and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the Planning Commission, after due consideration, inspection, investigation
and study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. Reclassification of the Property from the "C-G" General Commerical Zone to
the "RM-3" Single-Family Residential Zone is consistent with the Property's Low-Medium
Density Residential land use designation in the Land Use Element of the General Plan.
2. The proposed reclassification of the Property is necessary and/or desirable
for the orderly and proper development of the community and is compatible with the residential
uses located to the south of the Property across Lincoln Avenue.
3. The proposed reclassification of the Property does properly relate to the zone
and permitted uses established in close proximity to the Property and to the zones and their
permitted uses generally established throughout the community.
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, on the basis of the above findings and
determinations, this Planning Commission does hereby approve Reclassification No. 2015-00285
to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and
reclassify the Property into the "RM-3" Multiple-Family Residential Zone and recommends that
the City Council adopt an ordinance reclassifying the Property in accordance with
Reclassification No. 2015-00285.
BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of,
or a commitment by the City to rezone, the Property; any such rezoning shall require an
ordinance of the City Council, which shall be a legislative act, which may be approved or denied
by the City Council at its sole discretion.
- 3 - PC2016-***
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 17, 2016.
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 October 17, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October,
2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2016-***
[DRAFT] ATTACHMENT NO. 3
- 1 - PC2016-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVE CONDITIONAL USE
PERMIT NO. 2015-05844 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2015-00127)
(2301, 2323 AND 2331 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2015-05844 to
permit the construction of a 48-unit attached and detached, single-family residential project (the
"Project") with modified development standards, i.e., a reduction in setback requirements and
distance between buildings of the "RM-3" Multiple-Family Residential Zone, for that certain real
property located at 2301, 2323 and 2331 West Lincoln Avenue in the City of Anaheim, County
of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property"); and
WHEREAS, Conditional Use Permit No. 2015-05832 is proposed in conjunction with a
request (i) to rezone or reclassify the Property from the "C-G" General Commercial Zone to the
"RM-3" Multiple-Family Residential Zone, which reclassification is designated as
"Reclassification No. 2015-00285"; and (ii) for approval of a tentative tract map to permit a 48-
lot single-family, attached and detached residential subdivision of the Property, which is
designated as "Tentative Tract Map No. 17975"; and
WHEREAS, Reclassification No. 2015-00285, Conditional Use Permit No. 2015-05844
and Tentative Tract Map No. 17975, and the Project shall be referred to herein collectively as the
“Proposed Project”; and
WHEREAS, the Property is approximately 2.8 acres in size and is located in the "C-G"
General Commercial Zone. The Property is designated on the Land Use Element of the General
Plan for "Low-Medium Density Residential” land uses; and
WHEREAS, all development within the "RM-3" Multiple-Family Residential Zone that
includes single-family attached and detached dwellings is subject to approval by the Planning
Commission of a conditional use permit pursuant to Subsection .010 (Residential Planned Unit
Development) of Section 18.06.160 (Residential Planned Unit Development) of Title 18
(Zoning) of the Anaheim Municipal Code (the "Code"). Pursuant to subsection .030
(Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit
Development), the minimum setback requirements, as set forth in Section 18.06.090 (Structural
Setbacks), and the setbacks between buildings, as set forth in Subsection .050 (Findings) of
Section 18.06.090 (Residential Planned Unit Development), may be modified in order to achieve
a good project design, privacy, livability, and compatibility with surrounding uses. If approved,
Conditional Use Permit No. 2015-05844 will permit the reduction in the street setbacks, interior
setbacks and setbacks between buildings requirements of the "RM-3" Multiple-Family
Residential Zone for the Property; and
- 2 - PC2016-***
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 3, 2016 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith, and the Planning
Commission subsequently continued the item to the October 17, 2016 hearing; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission found and determined that the Proposed
Project is within that class of projects which consist of in-fill development meeting the
conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
WHEREAS, pursuant to Subsection .030 (Modification of Other Standards) of Section
18.06.160 (Residential Planned Unit Development), this Planning Commission, after due
consideration, inspection, investigation and study made by itself and in its behalf, and after due
consideration of all evidence and reports offered at said hearing, including the plans submitted
by the applicant, does hereby find and determine the following facts with respect to Conditional
Use Permit No. 2015-05844:
1. The uses within the Project are compatible with the surrounding land uses;
2. New buildings or structures related to the Project are compatible with the
scale, mass, bulk, and orientation of existing buildings in the surrounding area. Said
existing buildings conform with the provisions of the Zoning Code;
3. Vehicular and pedestrian access are adequate;
4. The Project is consistent with any adopted design guidelines applicable to the
Property;
5. The size and shape of the site proposed for the Project is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular area;
6. The traffic generated by the Project will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
7. The impact upon the surrounding area has been mitigated to the maximum
extent practicable;
- 3 - PC2016-***
8. The Project complies with the General Plan land use designation of Low-
Medium Density Residential and will comply with the zoning for the Property, upon
approval of an amendment to the Zoning Map of the Anaheim Municipal Code to rezone
and reclassify the Property into the "RM-3" Multiple-Family Residential Zone by the
adoption by the City Council of an ordinance reclassifying the Property in accordance
with Reclassification No. 2015-00285, now pending.
9. The proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17975, including its design and improvements, will, upon approval
thereof, comply with the Subdivision Map Act; and
10. 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.
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve and adopt Conditional Use
Permit No. 2015-05844, contingent upon and subject to: (1) the adoption by the City Council of
an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property
to the "RM-3" Multiple-Family Residential Zone under Reclassification No. 2015-00285, and (2)
the adoption by this Planning Commission of a resolution approving Tentative Tract Map No.
17975, all of which entitlements are now pending; and (4) the conditions of approval set forth in
Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to
be a necessary prerequisite to the proposed use of the Property in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Code. Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition(s), (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
- 4 - PC2016-***
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 17, 2016. 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 October 17, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October,
2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2016-***
- 6 - PC2016-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2015-05844 (DEV2015-00127)
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
PRIOR TO ISSUANCE OF A GRADING PERMIT
1 The project’s Final Grading Plans, Drainage Report and Soils Report shall be
submitted for review and approval to City of Anaheim Public Works
Development Services Division.
Public Works,
Development Services
2 The final Water Quality Management Plan (WQMP) shall be submitted for
review and approval to Public Works Development Services Division and
comply with the most current requirements of the Orange County Drainage
Area Management Plan (DAMP).
Public Works,
Development Services
3 The property owner shall submit project improvement plans that incorporate
the required drainage improvements and the mechanisms proposed in the
approved Final Drainage Report. No offsite run-off shall be blocked during
and after grading operations or perimeter wall construction. Finish floor
elevations shall be 1-ft. minimum above water surface elevations of 100-year
event.
Public Works,
Development Services
4 The applicant shall demonstrate that coverage has been obtained under
California’s General Permit for Stormwater Discharges Associated with
Construction Activity by providing a copy of the Notice of Intent (NOI)
submitted to the State Water Resources Control Board and a copy of the
subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number. The applicant shall prepare and implement a Stormwater
Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be
kept at the project site and be available for City review upon request.
Public Works,
Development Services
5 Prior to issuance of the grading permit and right-of-way construction permit for
the storm drain and sewer, whichever occurs first, a Save Harmless agreement
in-lieu of an Encroachment Agreement is required to be executed, approved by
the City and recorded by the applicant on the property for any storm drains
connecting to a City storm drain.
Public Works,
Development Services
6 That the developer shall submit a set of improvement plans for Public
Utilities Department review and approval in determining the conditions
necessary for providing water service to the project.
Public Utilities, Water
Engineering
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
7 All fire services 2-inch and smaller shall be metered with a UL listed meter,
Hersey Residential Fire Meter with Translator Register, no equals.
Public Utilities,
Water Engineering
8 A minimum of two connections to public water mains and water looping
inside the project are required.
Public Utilities,
Water Engineering
- 7 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
9 The following minimum horizontal clearances shall be maintained
between proposed water main and other facilities:
- 10-feet minimum separation (outside wall-to-outside wall)
from sanitary sewer mains and laterals, and any buildings,
footings, and walls
- 5-feet minimum separation from all other utilities,
including storm drains, gas, and electric
- 6-feet minimum separation from curb face
Public Utilities,
Water Engineering
10 No public water main or public water facilities shall be installed in private
alleys or paseo areas.
Public Utilities,
Water Engineering
11 No public water mains or laterals shall be allowed under parking stalls or
parking lots.
Public Utilities,
Water Engineering
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
12 All backflow equipment shall be located above ground outside of the street
setback area in a manner fully screened from all public streets and alleys.
Any backflow assemblies currently installed in a vault will have to be
brought up to current standards. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division
outside of the street setback area in a manner fully screened from all public
streets and alleys. Said information shall be specifically shown on plans and
approved by Water Engineering and Cross
Connection Control Inspector.
Public Utilities,
Water Engineering
13 That all existing water services and fire services shall conform to current
Water Services Standards Specifications. Any water service and/or fire line
that does not meet current standards shall be upgraded if continued use is
necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon
any water service or fire line.
Public Utilities Water
Engineering
14 All requests for new water services, backflow equipment, or fire lines, as
well as any modifications, relocations, or abandonments of existing water
services, backflow equipment, and fire lines, shall be coordinated and
permitted through the Water Engineering Division of the Anaheim Public
Utilities Department.
Public Utilities,
Water Engineering
15 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an
easement for all large domestic above-ground water meters and fire hydrants,
including a five (5)-foot wide easement around the fire hydrant and/or water
meter pad. (ii) a twenty (20) foot wide easement for all water service mains
and service laterals all to the satisfaction of the Water Engineering Division.
The easements shall be granted on the Water Engineering Division of the
Public Utilities Department’s standard water easement deed. The easement
Public Utilities,
Water Engineering
- 8 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
deeds shall include language that requires the Owner to be responsible for
restoring any special surface improvements, other than asphalt paving,
including but not limited to colored concrete, bricks, pavers, stamped
concrete, decorative hardscape, walls or landscaping that becomes damaged
during any excavation, repair or replacement of City owned water facilities.
Provisions for the repair, replacement and maintenance of all surface
improvements other than asphalt paving shall be the responsibility of the
Owner and included and recorded in the Master CC & R’s for the project.
16 That the developer/owner shall submit a water system master plan, including
a hydraulic distribution network analysis, for Public Utilities Water
Engineering review and approval. The master plan shall demonstrate the
adequacy of the proposed on-site water system to meet the project’s water
demands and fire protection requirements.
Public Utilities,
Water Engineering
17 That the developer/owner shall submit to the Public Utilities Department
Water Engineering Division an estimate of the maximum fire flow rate and
maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-site water system
improvements required to serve the project shall be done in accordance with
Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations.
Public Utilities,
Water Engineering
18 That water improvement plans shall be submitted to the Water Engineering
Division for approval and a performance bond in the amount approved by
the City Engineer and form approved by City Attorney shall be posted with
the City of Anaheim.
Public Utilities,
Water Engineering
19 That individual water service and/or fire line connections will be required for
each parcel or residential, commercial, industrial unit per Rule 18 of the City
of Anaheim’s Water Rates, Rules and Regulations.
Public Utilities,
Water Engineering
20 The property owner/developer shall coordinate with Electrical Engineering
to establish electrical service requirements and submit electric system plans,
electrical panel drawings, site plans, elevation plans, and related technical
drawings and specifications.
Public Utilities,
Electrical Engineering
21 The legal owner shall provide to the City of Anaheim a Public Utilities
easement with dimensions as shown on the approved utility service plan.
Public Utilities,
Electrical Engineering
22 The legal owner shall submit payment to the City of Anaheim for service
connection fees.
Public Utilities,
Electrical Engineering
23 The property owner/developer shall underground any existing and new
power poles and lines.
Public Utilities,
Electrical Engineering
24 Prior to issuance of the first building permit, excluding model homes, the
final map shall be submitted to and approved by the City of Anaheim
Department of Public Works and the Orange County Surveyor for technical
Public Works,
Development Services
- 9 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
review and that all the applicable conditions of approval have been complied
with and then shall be filed in the office of the Orange County Recorder.
25 A cash-in-lieu payment based on the project engineer’s cost estimate, in an
amount determined by the City Engineer to be sufficient to pay for future
street widening along Lincoln Avenue, shall be paid to the City of Anaheim.
Public Works,
Development Services
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
26 Address numbers shall be positioned so as to be readily readable from the
street. Numbers shall be visible during hours of darkness.
Police Department
27 “No Trespassing 602(k) P.C.” posted at the entrances of parking
lots/structures and located in other appropriate places (i.e., Resident
gathering points and access points, bicycle parking, etc.) Signs must be at
least 12” wide x 24” high in overall size, with white background and black
2” lettering.
Police Department
28 All entrances to parking areas should be posted with appropriate signs per
22658(a) C.V.C. to assist in removal of vehicles at the property
owner’s/manager’s request.
Police Department
29 Monument signs and addresses shall be well lighted during hours of
darkness. Police Department
30 Fire lanes shall be posted with “No Parking Any Time.” Said information
shall be specifically shown on plans submitted for reiterate building permits.
Public Works,
Traffic Engineering
31 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel
parking in the drive aisles. Red curb locations shall be clearly labeled on
building plans.
Public Works,
Traffic Engineering
32 The developer shall improve Lincoln Avenue per the Lincoln Avenue Corridor
Master Plan or as approved by the City Engineer. Public Works,
Development Services
33 All required on-site Water Quality Management Plan, sewer, storm drain,
and public right of way improvements shall be completed, operational, and
are subject to review and approval by the Construction Services Inspector.
Public Works,
Development Services
ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS
34 Any Graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee shall be removed or painted over within 24
hours of being applied.
Police Department
35 Trash storage areas shall be provided and maintained in a location acceptable to
the Public Works Department, Streets and Sanitation Division and in
accordance with approved plans on file with said Department. Said storage
areas shall be designed, located and screened so as not to be readily identifiable
from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as
Public Works
Department, Streets and
Sanitation Division
- 10 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
minimum 1-gallon size clinging vines planted on maximum 3-foot centers or
tall shrubbery. Said information shall be specifically shown on the plans
submitted for building permits.
36 The Owner shall be responsible for restoring any special surface
improvements, other than asphalt paving, within any right-of-way, public
utility easement or City easement area including but not limited to colored
concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or
landscaping that becomes damaged during any excavation, repair or
replacement of City owned water facilities. Provisions for maintenance of
all said special surface improvements shall be included in the recorded
Master C,C&R’s for the project and the City easement deeds.
Public Utilities,
Water Engineering
GENERAL
37 The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the applicant
and which plans are on file with the Planning Department, and as
conditioned herein.
Planning and Building
Department,
Planning Services
Division
38 Conditions of approval related to each of the timing milestones above shall be
prominently displayed on plans submitted for permits. For example,
conditions of approval that are required to be complied with prior to the
issuance of building permits shall be provided on plans submitted for building
plan check. This requirement applies to grading permits, final maps, street
improvement plans, water and electrical plans, landscape irrigation plans,
security plans, parks and trail plans, and fire and life safety plans, etc.
Planning and Building
Department,
Planning Services
Division
39 The applicant is responsible for paying all charges related to the processing
of this discretionary case application within 30 days of the issuance of the
final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the
issuance of required permits or may result in the revocation of the approval
of this application.
Planning and Building
Department,
Planning Services
Division
40 The 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 and Building
Department,
Planning Services
Division
[DRAFT] ATTACHMENT NO. 4
- 1 - PC2016-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVE TENTATIVE TRACT MAP NO. 17975
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00127)
(2301, 2323 AND 2331 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the “Planning
Commission”) did receive a verified petition for the approval of Tentative Tract Map No. 17975
to construct 48 single-family, attached and detached residential units (the "Project") on certain
real property located at 2301, 2323 and 2331 West Lincoln Avenue in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as
Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 2.8 acres in size and is located in the "C-G"
General Commercial Zone. The Property is designated on the Land Use Element of the General
Plan for "Low-Medium Density Residential” land uses; and
WHEREAS, Tentative Tract Map No. 17975 is proposed in conjunction with
Reclassification No. 2015-00285 and Conditional Use Permit No. 2015-05844, now pending,
which, together with the Project, shall be referred to herein collectively as the “Proposed
Project”; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 3, 2016 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith, and the Planning
Commission subsequently continued the item to the October 17, 2016 hearing; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission found and determined that the Proposed
Project is within that class of projects which consist of in-fill development meeting the
conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
- 2 - PC2016-***
WHEREAS, this Planning Commission, after due consideration, 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 to approve Tentative Tract Map No. 17975, does
find and determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17975, including its design and improvements, is consistent with the General
Plan land use designation of Low-Medium Density Residential.
2. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17975, including its design and improvements, is consistent with the zoning and
development standards of the "RM-3" Multiple-Family Residential Zone proposed as
Reclassification No. 2015-00285, now pending.
3. That the site is physically suitable for the type and density of the Proposed Project.
4. That the design of the subdivision, as shown on proposed Tentative Tract Map No.
17975, and with the conditions imposed, is not likely to cause substantial environmental damage
or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive
environmental habitat has been identified.
5. That the design of the subdivision, as shown on proposed Tentative Tract Map No.
17975, and with the conditions imposed, or the type of improvements is not likely to cause
serious public health problems.
6. That the design of the subdivision or the type of improvements, as shown on
proposed Tentative Tract Map No. 17975 and with the conditions imposed, will not conflict with
easements acquired by the public, at large, for access through or use of property within the
proposed subdivision.
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve Tentative Tract Map No. 17975,
contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing
an amendment to the Zoning Map to rezone and reclassify the Property to the "RM-3" Multiple-
Family Residential Zone under Reclassification No. 2015-00285, (2) a resolution approving
Conditional Use Permit No. 2015-05844, and (3) the conditions of approval set forth in Exhibit
B attached hereto and incorporated herein by this reference, which are hereby found to be a
necessary prerequisite to the proposed use of the Property in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete said conditions of approval may be granted in accordance with Section 18.60.170 of
the Code. Timing for compliance with conditions of approval may be amended by the Planning
- 3 - PC2016-***
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 this Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 17, 2016. Said Resolution is subject to the appeal provisions set forth in Section
17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2016-***
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 October 17, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October,
2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2016-***
- 6 - PC2016-***
EXHIBIT “B”
TENTATIVE TRACT MAP NO. 17975
(DEV2015-00127)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1 The owner shall apply for and obtain vacation of the existing easements on
site that are in conflict with the proposed permanent structures.
Public Works
Department,
Development Services
Division
2 All parcels shall be assigned street addresses by the Building Division. Public Works
Department,
Development Services
Division
3 The Lettered Lot shall be privately owned and maintained by the
Homeowners Association. The Final Map shall include language to provide
ownership and purposes of the Lettered Lot.
Public Works
Department,
Development Services
Division
4 All existing vertical structures shall be demolished. The developer shall
obtain a demolition permit from the Building Division.
Public Works
Department,
Development Services
Division
5 Tract Map No. 17975 shall be approved in substantial conformance with
Planning Commission resolution for this project.
Public Works
Department,
Development Services
Division
6 A maintenance covenant shall be submitted to the Development Services
Division and approved by the City Attorney's office. The covenant shall
include provisions for maintenance of private facilities such as private sewer,
private drives, paseos, and private storm drain improvements; compliance
with approved Water Quality Management Plan; and a maintenance
exhibit. Maintenance responsibilities shall include all drainage devices,
sewer, parkway landscaping and irrigation, paseos, and the private drives.
The covenant shall be recorded concurrently with the final map.
Public Works
Department,
Development Services
Division
7 The developer shall submit street improvement plans, obtain a right of way
construction permit, and post a security (Performance and Labor &
Materials Bonds) in an amount approved by the City Engineer and in a form
approved by the City Attorney for the construction of all required public
improvements within the City street right of way of Lincoln Avenue.
Improvements shall conform to the applicable City Standards per the Lincoln
Avenue Corridor Master Plan and as approved by the City Engineer. The
Public Works
Department,
Development Services
Division
- 7 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
street improvement plans shall include all traffic related improvements
adjacent to the project site including all driveways, utility installations,
signing and striping, and all other offsite work.
8 The legal property owner shall post a security and execute a Subdivision
Agreement to complete the required public improvements at the legal
owner’s expense in an amount approved by the City Engineer and in a form
approved by the City Attorney. Said agreement shall be submitted to the
Public Works Department, Subdivision Section for approval by the City
Council.
Public Works
Department,
Development Services
Division
GENERAL
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 “Indemnities”) from any and all claims,
actions or proceedings brought against Indemnities to attack, review, set
aside, void, or annul the decision of the Indemnities concerning this permit
or any of the proceedings, acts or determinations taken, done, or made
prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to, damages, fees
and/or costs awarded against or incurred by Indemnities and costs of suit,
claim or litigation, including without limitation attorneys’ fees and other
costs, liabilities and expenses incurred by Indemnities in connection with
such proceeding.
Planning and Building
Department,
Planning Services
Division
10 Conditions of approval related to each of the timing milestones above shall
be prominently displayed on plans submitted for permits. For example,
conditions of approval that are required to be complied with prior to the
issuance of building permits shall be provided on plans submitted for
building plan check. This requirement applies to grading permits, final
maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life
safety plans, etc.
Planning and Building
Department,
Planning Services
Division
11 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits for
this project, whichever occurs first. Failure to pay all charges shall result
in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
12 The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the applicant
and which plans are on file with the Planning Department, and as
conditioned herein.
Planning and Building
Department,
Planning Services
Division
ATTACHMENT NO. 5
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7
CITY OF ANAHEIM
ENVIRONMENTAL CHECKLIST FORM
CLASS 32 CATEGORICAL EXEMPTION
INFILL DEVELOPMENT PROJECTS**
CASE NO.: DEVELOPMENT CASE NO. 2015-00127
RECLASSIFICATION NO. 2015-00285
CONDITIONAL USE PERMIT NO. 2015-05844
TENTATIVE TRACT MAP NO. 17975
PROJECT APPLICANT: Kenneth J Catanzarite
Catanzarite Law Corporation
2331 West Lincoln Avenue
Anaheim, CA 92801
kcatanzarite@catanzarite.com PROJECT ADDRESS: 2301, 2323, and 2331 West Lincoln Avenue
APN(s): 071-110-28, 071-110-40 and 071-110-41
PROJECT LOCATION:
ATTACHMENT NO. 8
SURROUNDING LAND USES AND SETTING: This 2.8-acre site is located in the “C-G” zone and is
developed with an office complex. The site is designated for Low- Medium Density Residential land uses
by the General Plan. Surrounding uses include an elementary school to the north, a church to the east, an
office building to the west and an attached and detached single-family residential development to the
south across Lincoln Avenue.
PROJECT DESCRIPTION: The applicant proposes to demolish the existing office complex and
construct 48 single-family attached and detached townhomes. The residential buildings would be 3-
stories (40 feet) in height with private roof-top decks. The units would be three bedrooms and range in
size from 1,862 to 2,034 square feet.
GENERAL PLAN DESIGNATION: Low-Medium Density Residential ZONING: “C-G” Reclassification to the RM-3 Zone to Implement the
Property’s Low-Medium Density Residential General
Plan Land Use Designation
INFORMATION DEMONSTRATING THAT THE PROJECT SATISFIES THE CONDITIONS DESCRIBED IN SECTION 15332 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS:
1. Is the project consistent with the applicable general plan designation and all applicable general
plan policies as well as with applicable zoning designation and regulations?
This property is located in the “C-G” zone. A reclassification, or rezoning, to the RM-3
zone is being requested in order to develop attached and detached, single-family homes.
The intent of the RM-3 Zone is to promote the development of condominium
development in an attractive environment. The density of the proposed project is
consistent with and would implement the property’s Low-Medium Density Residential
General Plan land use designation. The density of the proposed project is 16.8 units to
the acre and the Medium Density Residential land use designation allows up to 18 units
per acre. As described below, the proposed reclassification supports several General Plan
policies intended to provide a variety of quality housing opportunities to address the
City’s diverse housing needs; therefore, staff recommends approval of the reclassification
request.
The Land Use Element of the General Plan provides the following goals which would be
supported by the development of this project:
o Goal 1.1: Preserve and enhance the quality and character of Anaheim’s mosaic
of unique neighborhoods.
o Goal 2.1: Continue to provide a variety of quality housing opportunities to
address the City’s diverse housing needs.
o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image
and stimulate appropriate development at strategic locations.
o Goal 3.2: Maximize development opportunities along transportation routes.
o Goal 4.1: Promote development that integrates with and minimizes impacts to
surrounding land uses.
o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through
strategic infill development and revitalization of existing development.
2. Is the proposed development located within the City limits on a project site of no more than five
acres substantially surrounded by urban uses?
The 2.8-acre property is located in the City of Anaheim and is currently developed with an office
complex. Surrounding uses include an elementary school to the north, a church to the east, an
office building to the west and an attached and detached single-family residential development to
the south across Lincoln Avenue.
3. Does the project site have value as habitat for endangered, rare or threatened species?
The project site is currently developed with an office complex and has no habitat value for
endangered, rare or threatened species.
4. Would approval of the project result in any significant effects relating to traffic, noise, air
quality, or water quality?
a. Traffic:
Construction - There would be a temporary minor increase in traffic due to construction vehicles
during the construction phase. However, this impact would be temporary. No significant impacts
would occur.
Operation - The Proposed Project consists of the demolition of an office complex and the
construction of a 48-unit single-family attached and detached townhomes. The City of Anaheim
Traffic Study Guidelines state that a traffic study is required when a project is expected to
generate 100 or more new vehicle trips in the AM or PM peak hour. The proposed project
consists of 48 new dwelling units, replacing approximately 42,000 square feet of existing offices.
The Institute of Traffic Engineers (ITE) Trip Generation Manual trip code 230 for condominiums
estimates that 48 new homes would generate 25 peak hour trips. The existing offices, per ITE
trip code 710, generate 63 peak hour trips. Since the proposed project generates less traffic than
the existing offices, a traffic study was determined to not be required nor prepared. Neither
roadway segments nor immediately surrounding intersections are anticipated to be significantly
impacted as a result of the additional trips from the Proposed Project.
b. Noise:
Construction - The Proposed Project would generate temporary noise during construction
activities. Equipment used during construction could create noise impacts through the duration of
the construction process. However, these impacts are temporary and would cease upon
completion of construction. Chapter 6.70 of the City’s noise ordinance exempts construction
noise between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Adherence to the
City Noise ordinance would result in no significant impacts.
Operation - The Proposed Project is a 48 single-family attached and detached townhome
development that, when constructed, would generate noise impacts consistent with those of
surrounding land uses. No significant impacts would occur.
c. Air Quality:
The Proposed Project site is located within SoCAB which is characterized by relatively poor air
quality and is a Federal- and State-designated nonattainment area for O3, PM10 and PM2.5 (US
EPA 2012). SCAQMD has established significance thresholds for both construction and
operational activities relative to these criteria pollutants. Based on the following analysis,
implementation of the Proposed Project would result in less than significant impacts relative to
the daily significance thresholds for criteria air pollutant construction emissions established by
the SCAQMD.
Construction - The proposal consists of the demolition of an office complex and the construction
of 48 single-family attached and detached townhomes on a 2.8-acre parcel. General construction
activities, such as site preparation, including demolition of the existing office complex, grading,
and travel by construction workers can contribute to air pollutants. All construction activities
would comply with SCAQMD Rule 403 (SCAQMD 2005) regarding the control of fugitive dust
emissions, and existing City dust suppression practices that minimize dust and other emissions.
Such controls include frequent watering of the site, the covering and/or wetting of trucks hauling
dirt, sand, soil or other loose materials off-site, street sweeping, as needed, to remove dirt dropped
by construction vehicles or mud that would otherwise be carried off by trucks departing the site,
suspending grading and excavation activities in high winds (25 miles per hour [mph] or more) as
well as implementation of a traffic control plan to minimize traffic flow interference from
construction activities, etc., that would be incorporated into the construction plans.
Construction is conservatively anticipated to last 24 months and construction would be broken
into three phases: demolition, grading, and building construction (which consists of building
construction, paving, and architectural coating).
Pollutant emissions resulting from Proposed Project construction activities were calculated using
the CalEEMod model. Construction emissions are based on conservative assumptions, which
imply a default equipment mix and a worst-case construction schedule. As shown in Table 1,
entitled “Project-Related Construction and Operational Emissions,” the incremental increase in
emissions from Proposed Project construction activities fall well below SCAQMD significance
thresholds for regional emissions.
Operation - The Proposed Project’s incremental increase in regional emissions resulting from
operation of the Proposed Project would not exceed any SCAQMD thresholds. Mobile source
emission calculations utilize the vehicle miles traveled (VMT) rate calculated by CalEEMod,
based on the specific proposed land use and intensity. The daily VMT rate is based on the
number of daily trips for each land use and applied to a commute percentage and an average trip
length, both of which are land use specific values derived from CalEEMod. These values account
for variations in trip frequency and length associated with commuting to and from the Proposed
Project. Emission factors specific to the buildout year are projected based on SoCAB-specific
fleet turnover rates and the impact of future emission standards and fuel efficiency standards.
The increase in the consumption of fossil fuels to provide power, heat, and ventilation was
considered in the calculations as stationary point source emissions. Future fuel consumption rates
are estimated based on land use specific energy consumption rates. The emission factors used in
this analysis represent a State-wide average of known power producing facilities, utilizing various
technologies and emission control strategies, and do not take into account any unique emissions
profile. At this time, these emission factors are considered conservative and representative. Area
source emissions were calculated by CalEEMod and include emissions from natural gas and
landscape fuel combustion, consumer products, and architectural coatings (future maintenance).
As shown in Table 1, the operational emissions pollutant concentrations resulting from Proposed
Project operation would not exceed SCAQMD thresholds. Therefore, air quality impacts would
be less than significant.
Table 1 Project-Related Construction and Operational Emissions Mass Daily Thresholds (pounds per day)
VOC NOx CO SO2 PM10 PM2.5
Construction Emissions
SCAQMD Threshold 75 100 550 150 150 55
2017 Project Emissions 6 62 46 0.06 11 7
2018 Project Emissions 3 21 18 0.03 2 1
2019 Project Emissions 21 32 30 0.05 3 2
Exceed Threshold? NO NO NO NO NO NO
VOC NOx CO SO2 PM10 PM2.5 Operational Emissions
SCAQMD Threshold 55 55 550 150 150 55
Project Emissions 3 4 20 0.03 3 1
Exceed Threshold? NO NO NO NO NO NO
Source of emissions: CalEEMod 2013.2.2
Source of thresholds: SCAQMD
Regional emissions refer to the ambient conditions surrounding the site. Therefore, pollutant
emissions associated with construction of the Proposed Project would be less than significant.
Operational related impacts are typically associated with emissions produced from Project-
generated vehicle trips. Based on the Proposed Project’s anticipated compliance with
SCAQMD Rule 403 and the scale of development, it is anticipated that no significant impacts
would occur to existing air quality standards.
d. Water Quality:
Grading and construction associated with site work on the project site would result in temporary
disturbance of surface soils, which could potentially result in erosion and sedimentation on site,
which are major visible water quality impacts attributable to construction activities. Any
stockpiles of excavated areas would be susceptible to high rates of erosion from wind and rain
and, if not manage properly, could result in increased sedimentation in local drainage ways.
The Proposed Project must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) MS4 Permit. The NPDES MS4 Permit Program, which is
administered in the project area by the City of Anaheim and County of Orange, issued by the
Santa Ana Regional Water Quality Control Board (SARWQCB), helps control water pollution by
regulating point sources that discharge pollutants into receiving waters. The Proposed Project
operation must also comply with the NPDES General Construction Permit.
The contractor would be required to comply with Chapter 10.09 of the Anaheim Municipal Code,
which prohibits the active or passive discharge or disposal of soil or construction debris into the
storm drain. Additionally, the Proposed Project would be required to obtain coverage under the
General Permit for Discharges of Storm Water Associated with Construction Activity
(Construction General Permit Order 2009-0009-DWQ). Construction activities subject to the
Construction General Permit includes clearing, grading, and disturbances to ground such as
stockpiling or excavation. The Construction General Permit requires implementation of a Storm
Water Pollution Prevention Plan (SWPPP). The SWPPP would generally contain a site map
showing the construction perimeter, existing and proposed buildings, storm water collection and
discharge points, general pre- and post-construction topography, drainage patterns across the site,
and adjacent roadways.
The SWPPP must also include project construction features designed to protect against
stormwater runoff, known as Best Management Practices (BMPs). Additionally, the SWPPP
must contain a visual monitoring program; a chemical monitoring program for “non-visible”
pollutants, should the BMPs fail; and a sediment monitoring plan, should the site discharge
directly into a water body listed on the 303(d) list for sediment. Section A of the Construction
General Permit describes the elements that must be contained in the SWPPP. Incorporation of
these policies and ordinances and the requirements contained within would reduce project
impacts to less than significant.
5. Can the project site be adequately served by all required utilities and public services?
a. Fire Protection:
The construction of 48 single-family attached and detached townhomes would result in a
small increase of new residents, which could incrementally increase demands for fire
protection services. However, the increased demand for fire protection services would be
considered minimal and would be met with existing fire resources. Impacts to fire
services are anticipated to be adequately funded by an increase in tax revenue, over an
extended period of time, relative to the increase in development intensity. Additional fire
personnel and associated facilities and equipment would be provided through the annual
Operating Budget and Capital Improvement Program review process. Annually, Fire
Department needs would be assessed and budget allocations revised accordingly to
ensure that adequate levels of service are maintained throughout the City. Building plans
submitted for new development on the project site would be required to comply with fire
safety requirements. Additionally, development of the project site would not result in the
need for new or physically altered fire protection facilities. Impacts to fire services would
be less than significant.
b. Police Protection:
The construction of 48 single-family attached and detached townhomes would result in a
small increase of new residents, which could incrementally increase demands for police
services. Development of the project site would not result in the need for new or
physically altered police protection facilities. Impacts to police services would be less
than significant.
c. Schools:
The Proposed Project would include the construction of 48 single-family attached and
detached townhomes, resulting in a small increase of new residents. Based on the student
generation rates of 0.406 for elementary students (Grades K-6), 0.144 for junior high
school students (Grades 7-8), and 0.240 for high school students (Grades 9-12) per
household provided in the Anaheim General Plan/Zoning Code Update EIR No. 3301,
development of 48 new housing units would generate approximately 20 elementary
students, 7 junior high students, and 12 high school students. Therefore, the Proposed
Project would not significantly impact school services. In addition, payment of the
appropriate school fees would be required for all new development in accordance with
Senate Bill 50 (SB 50). The Proposed Project would be conditioned to pay the required
fee as mandated by SB 50 to off-set the impact to school services. Pursuant to SB 50,
payment of the school development fees are considered full mitigation. Impacts would
be less than significant.
d. Parks:
The Proposed Project would generate a small increase of new residents that may utilize
recreational facilities in the City. According to the Anaheim General Plan/Zoning Code Update
EIR No. 330, the City has a goal of providing at least two acres of parkland per 1,000 residents.
In order to help achieve this goal, AMC Section 17.34.010 requires residential developments to
pay a park impact fee prior to the issuance of building permits in order to offset the increase in
demand and use of recreational facilities. Therefore, no significant impacts would occur.
e. Other Public Facilities:
The Proposed Project would include the demolition of an office complex and the construction of
48 single-family attached and detached townhomes. The Proposed Project would generate a
small increase of new residents that may utilize library facilities in the City. The City of
Anaheim Public Library system consists of a Central Library, eight branches, the
Heritage House (former Carnegie Library), and a BookMobile. The population increase
of less than one half of a percent of the total City population would not significantly
impact the Public Library system. As a result, impacts associated with library services
and facilities would be less than significant.
e. Wastewater/Sewer:
The Proposed Project would be served by the Anaheim Public Works Department for wastewater
(Sanitary Sewer) collection service. The Proposed Project is located within a developed area and
there is an existing Public wastewater (Sanitary Sewer) main in W Lincoln Avenue, adjacent to
the Proposed Project. The Proposed Project would be required to connect to this existing
wastewater (Sanitary Sewer) line. The existing wastewater facilities are not identified as deficient
in either the “Existing” or “Build-out” conditions in the latest Combined Central Anaheim Area
Master Plan of Sanitary Sewers. Due to the small size of the Proposed Project, no significant
impacts on existing wastewater infrastructure would occur and the existing facilities would be
1 Table 5.13-14 of the Anaheim General Plan/Zoning Code Update EIR
adequate to serve the wastewater collection requirements of the Proposed Project. Impacts to
wastewater treatment facilities (OCSD) would be less than significant.
f. Storm Water Drainage:
On-site grading and drainage improvements proposed in conjunction with the proposed site work
would be required to meet the City’s and Orange County Flood Control District’s (OCFCD) flood
control criteria including design discharges, design/construction standards and maintenance
features. All new development projects in the City are also required to include specific design
Best Management Practices to ensure that no storm water runoff generated on site would be
allowed to leave the site without pre-treatment for urban pollutants. The Proposed Project would
not alter any drainage pattern in a manner that would result in substantial erosion or siltation on
or offsite. The Proposed Project would not involve an alteration of the course of a stream or
river. Erosion and siltation impacts potentially resulting from the project would, for the most
part, occur during the Proposed Project’s site preparation and earthmoving phase.
Implementation of the NPDES permit requirements, as they apply to the site, would reduce
potential erosion, siltation, and water quality impacts. Less than significant impacts would occur.
g. Water Supplies:
The City of Anaheim receives water from two main sources: the Orange County Groundwater
Basin, which is managed by the Orange County Water District (OCWD), and imported water
from the Metropolitan Water District of Southern California (MWD). Groundwater is pumped
from 18 active wells located within the City, and imported water is delivered to the City through
seven treated water connections and one untreated connection.
According to the City of Anaheim 2015 Urban Water Management Plan (UWMP), local
groundwater has been the least expensive and most reliable source of water supply for the City.
The City depends heavily on the groundwater from the Orange County Groundwater Basin each
year. The Proposed Project includes the development of a new service station with convenience
market at the same location of a similar use. Due to the similar size of the project, the supply of
local water needed to support the use is not substantial. Therefore, the production rates of local
wells would not be significantly impacted. The Proposed Project would also result in similar
amounts of impervious surfaces than what currently exist on the site. Therefore, the development
would not result in a significant deficit in aquifer volume or a lowering of the local groundwater
table. Less than significant impacts to groundwater supplies would occur.
i. Solid Waste Disposal:
Assembly Bill 939 requires local jurisdictions to divert at least 50 percent of their solid waste into
recycling. As of 2012, the City is diverting approximately 65 percent of its waste into recycling.
Waste from the City is currently being diverted to the Olinda Alpha Landfill in the City of Brea
and the Frank R. Bowerman Landfill in the City of Irvine. Combined, the two landfills accept
approximately 23,500 tons of waste per day, or over seven million tons annually. The Proposed
Project’s contribution of solid waste would be minimal and would not significantly impact
landfill operations. No significant impacts would occur.
j. Electricity: k. Natural Gas: l. Telephone Service: m. Television Service:
The project site is located in a built-out, urban setting. The site and the surrounding properties
are fully served by various utility service providers. There are no anticipated significant service
or system upgrades needed to serve the proposed commercial use. Any increase in demand for
these services would be considered to be less than significant.
** Authority: See Public Resources Code Section 21083 and Section 15332 of Title 14 of the California
Code of Regulations.
DETERMINATION:
I find that the answers given above are adequately supported by the information sources cited following
each question and that the effects of the Project are typical of those generated within that class of projects
(i.e., Class 32 – Infill Development Projects) characterized as in-fill development meeting the conditions
of Section 15332 of Title 14 of the California Code of Regulations. The Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the requirement for the
preparation of environmental documents under the California Environmental Quality Act.
Signature of City of Anaheim Representative Date
Amy Vazquez, Contract Planner (714) 765-4968
Printed Name, Title Phone Number
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 AND BUILDING DEPARTMENT
DATE: OCTOBER 17, 2016 SUBJECT: MISCELLANEOUS CASE NO. 2013-00575 AND
TENTATIVE TRACT MAP NO. 18046
LOCATION: 2726 West Lincoln Avenue
APPLICANT/PROPERTY OWNER: The property owner is the Mary T. Woods
Revocable Trust, represented by Gary Woods. The applicant is AMG & Associates,
LLC, represented by Gene Broussard.
REQUEST: The applicant requests approval of the following land use entitlements:
1) A Planning Commission determination of conformance with the City’s
Density Bonus Ordinance to construct a 35-unit condominium complex with
affordable units, including Tier Two development incentives; and
2) A Tentative Tract Map to establish a 1-lot, 35 unit attached condominium
subdivision.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached resolutions, determining that this request is categorically exempt from further
environmental review under the California Environmental Quality Act (Class 32, In-
fill Development Projects); determining Miscellaneous Case No. 2013-00575
conforms with the Density Bonus Ordinance; and approving Tentative Tract Map No.
18046.
BACKGROUND: The 1.17-acre property is currently developed with four single-
family residences that would be demolished as part of the proposed project. In 2013,
the property was reclassified, or rezoned, from the “T” Transition zone, to the “RM-4”
Multi-Family Residential Zone. The property is also located in the “RO” Residential
Opportunity” Overlay zone. The General Plan designates the property for Medium
Density Residential land uses. The surrounding land uses include apartments to the
west, vacant land and a flood control channel to the south, outdoor storage of
recreational vehicles to the east, and automobile service uses across Lincoln Avenue to
the north.
MISCELLANEOUS CASE NO. 2013-0575 AND TENTATIVE TRACT MAP NO. 18046
October 17, 2016
Page 2 of 6
Section 65915 of the State Government Code (i.e., State Density Bonus Law) requires that cities
provide certain incentives to developers of affordable housing projects that meet defined levels
of affordability. Certain incentives are ‘guaranteed” and include increases in allowable density
and reductions in parking requirements. In addition to these density increases and parking
reductions, developers must also be afforded the opportunity to apply for other development
incentives, the number of which is dependent on the amount of affordable units provided and
their level of affordability. Chapter 18.52 of the Anaheim Municipal Code implements these
State requirements and provides applicants with a menu of “tiered” incentives that offer two
levels of City review based on the type of incentives requested and the level of affordability
proposed. “Tier One” incentives include items such as increased site coverage, reduced
minimum tree size, increased building height, and reduced interior setbacks. Tier One incentives
may be approved by the Planning Director and do not require review by the Planning
Commission. The City’s “Tier Two” incentives are provided above and beyond those mandated
by State Law and include “any other reduction in regulatory requirements proposed by the applicant or the City that will result in identifiable and actual cost reductions or avoidance.”
Unlike Tier One incentives, Tier Two incentives require review by the Planning Commission.
PROPOSAL: The applicant requests a Planning Commission determination of conformance
with the Density Bonus Ordinance to construct a 35-unit, for-sale condominium development.
The applicant proposes to offer a minimum of 10% of the units (i.e., four) at a cost considered to
be affordable to moderate income home buyers. Moderate income is defined as 120% of the
County’s Average Median Income or AMI. The County’s AMI for a four person household is
currently $87,200; therefore, a qualifying four person household could earn no more than
$104,650. The City would enforce an equity-sharing agreement with the applicant in accordance
with the terms of the Density Bonus Ordinance, whereby, upon the resale of each moderate-
income unit, the City would recoup its proportional share of appreciation to be used by the City
within three years to promote affordable homeownership. The City's equity sharing arrangement
would end after the initial resale of the designated moderate income units. The Density Bonus
Ordinance requires the applicant to enter into a density bonus housing agreement with the City in
recordable form to ensure compliance with the Density Bonus Ordinance.
Because the developer will offer at least 10% of the 35 proposed condominium units to moderate
income households, they are entitled to one Tier One incentive. However, as described later in
this staff report, the requested setback reductions are greater than those allowed under the Tier
One incentives. As such, the requested setback reductions are considered Tier Two incentives.
Under State law and local ordinance, the requested incentives shall be granted if the proposed
housing development is in conformance with the requirements of Code, unless specific findings
can be made for denial. The Planning Commission may only deny requested incentives if it
finds that the incentives are not required in order to provide affordable housing costs or rents, or
if the Commission determines that the granting of incentives would create specific adverse
impact upon public health and safety or on the physical environment, or on any real property that
is listed in the California Register of Historical Resources, and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without rendering the
development unaffordable to, in this case, moderate income households.
MISCELLANEOUS CASE NO. 2013-0575 AND TENTATIVE TRACT MAP NO. 18046
October 17, 2016
Page 3 of 6
The proposed condominium complex would be comprised of two, 3-story buildings. The
buildings include ground level, 2-car tandem garages with 2-story units above. No guest parking
would be provided for the development. As further described in the parking analysis section of
this report, under State law, affordable housing developments are not required to provide guest
parking spaces. Each unit would be approximately 1,000 square feet in size and feature two
bedrooms, and a private patio. Vehicular access to Lincoln Avenue would be provided via a 24-
foot wide drive aisle. Project amenities include 1,765 square feet of common open space,
including a common picnic area with a shade trellis.
FINDINGS AND ANALYSIS:
Density Bonus Incentives: Certain incentives are defined as "Tier Two" incentives in the
Density Bonus Ordinance and are subject to public hearing review procedures of the Zoning
Code. In addition to certain enumerated Tier Two incentives, the Density Bonus Ordinance
allows an applicant for a density bonus development to request a waiver or reduction in
regulatory or development standards or requirements that would have the effect of physically
precluding the construction of the project, which is what the applicant has done in this case.
There is no limit on the number of waivers or reductions that may be requested or issued.
Per State law, the Commission shall approve the request for a density bonus and/or Tier Two
Incentives pursuant to Section 18.52.040 (General Density Bonus), 18.52.080 (Affordable
Multiple Family Residential Development), or 18.52.090 (Development Incentives), unless it
makes a written finding, based upon substantial evidence, of either of the following:
o That the density bonus or incentive is not required to provide affordable housing costs or
affordable rents; or
o That the density bonus or incentive would have a specific adverse impact upon public
health and safety or on the physical environment, or on any real property that is listed in
the California Register of Historical Resources, and for which there is no feasible method
to satisfactorily mitigate or avoid the specific adverse impact without rendering the
development unaffordable to very low, low, lower, or moderate income households.
MISCELLANEOUS CASE NO. 2013-0575 AND TENTATIVE TRACT MAP NO. 18046
October 17, 2016
Page 4 of 6
Although eligible for one Tier One Incentive, the applicant is requesting setback reductions
greater than those allowed as Tier One Incentives. Accordingly, no Tier One incentives are
being requested by the applicant.
The following table lists the setback standard requirements and the requested Tier Two
incentives:
Setback
RM-4 Zone Standards Tier One Standards Proposed Project (Tier Two Incentives Are Noted By Asterisk)
Landscaped Planter Width
North (adjacent to Lincoln Ave.)
East (adjacent to RV storage)
South (adjacent to vacant lot)
West (adjacent to apartments)
20 feet
5 feet
10 feet**
5 feet
N/A
5 feet
5 feet
5 feet
13’-6”*
0 feet*
9 feet
4’6”*
Building Setback
North (adjacent to Lincoln Ave.)
East (adjacent to RV storage)
South (adjacent to vacant lot)
West (adjacent to apartments)
20 feet
20 feet
55 feet**
20 feet
N/A
15 feet
15 feet
15 feet
13’-6”*
13’-4” feet*
9 feet*
28 feet
**Within 150 feet of a Single-Family Residential Zone
The applicant proposes to construct an affordable condominium project conforming to all "RM-4"
Multiple-Family Residential Zone development standards with the exception of the above-
mentioned setback requirements. The applicant indicates that this incentive contributes to the
affordability of the project as compliance with the "RM-4" Multiple-Family Residential Zone
development standards would result in a reduction of affordable units. Staff believes that the
proposed setback incentives would not have an adverse impact upon the public health and safety
or on the physical environment.
The City is required to grant the requested incentives unless it makes the proper findings for
denial. The project is consistent with Density Bonus Ordinance requirements to grant the
requested incentives. The applicant’s pro-forma, on file with the Community and Economic
Development Department, demonstrates that the requested incentives are necessary to make the
housing units economically feasible. The pro-forma was reviewed by one of the City’s on-call
financial consultants, Keyser Marsten Associates (KMA). As noted in the attached memo
included as part of Attachment 5, upon its review of the pro-forma, KMA concluded that the
requested incentives were warranted and recommended their approval.
Parking Requirements: State law and the City’s Density Bonus Ordinance allow reduced
parking ratios for developments that qualify for a density bonus. Per State law, the reduced
parking ratios apply to the entire development even though only four of the units will be sold to
moderate-income households. The parking ratio for this development is a minimum of 2 spaces
per unit or 70 spaces. The plans for the project indicate that the required parking spaces will be
provided in tandem, 2-car garages for each unit. The Density Bonus Housing Agreement would
require that the number of vehicles permitted in the development be limited to the number of
parking spaces provided. Staff has concerns with the lack of on-site guest parking. However, the
MISCELLANEOUS CASE NO. 2013-0575 AND TENTATIVE TRACT MAP NO. 18046
October 17, 2016
Page 5 of 6
project is in compliance with State Density Bonus law; therefore, the City cannot require the
applicant to provide any additional on-site guest parking spaces.
Building Elevations: Staff believes the elevations complement the neighborhood and are
consistent with the City’s design policies for residential developments along arterial highways.
The elevations incorporate architectural detailing through the use of a variety of materials such as
wood, stucco, tile, wrought iron, and a complementary range of colors. The unit along Lincoln
Avenue has entry porches to create a pedestrian friendly street environment consistent with the
General Plan design guidelines.
Tentative Tract Map: Before the Planning Commission may approve the tentative tract map, it
must make a finding of fact that the evidence presented shows that all of the following conditions
exist:
1) That the proposed subdivision of the Property, including its design and improvements, is
consistent with the General Plan of the City of Anaheim, and more particularly with the
"Medium Density Residential" land use designation.
2) That the proposed subdivision of the Property, as shown on proposed Tentative Tract
Map No. 18046, including their design and improvements, is consistent with the zoning
and development standards of the RM-4" Multiple-Family Residential Zone.
3) That the site is physically suitable for the type and density of the proposed project.
4) That the design of the subdivision, as shown on proposed Tentative Tract Map No.
18046, is not likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has
been identified.
5) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 18046
or the type of improvements is not likely to cause serious public health problems.
The proposed density of 30 dwelling units per acre is permitted under the Medium Density
Residential land use designation which allows up to 36 dwelling units per acre. The tract map
complies with all applicable regulations and is consistent with the density allowed under the
Medium Density Residential General Plan designation. In addition, the project is not likely to
cause substantial environmental damage and will not conflict with easements acquired by the
public. Therefore, staff recommends approval of the tentative tract map request.
Environmental Impact Analysis: Staff recommends the Planning Commission find that the
effects of the proposed project are typical of those generated within the class of -in-fill
development meeting the conditions described in Section 15332 (Class 32 – In-fill Development)
of the CEQA Guidelines; that is, (a) consistent with the applicable general plan designation and
all applicable general plan policies as well as with applicable zoning designation and regulations,
(b) occurs within city limits on a project site of no more than five acres substantially surrounded
by urban uses, (c) the project site has no value as habitat for endangered, rare or threatened
species, (d) approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality, and (e) the site can be adequately served by all required
utilities and public services. The Planning Commission finds and determines that the Property is
MISCELLANEOUS CASE NO. 2013-0575 AND TENTATIVE TRACT MAP NO. 18046
October 17, 2016
Page 6 of 6
located within an "urbanized area", as that term is defined in Section 15387 of the CEQA
Guidelines, meets the aforementioned conditions, and will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA.
CONCLUSION: The project will provide affordable housing in furtherance of the City’s
Housing Element, with 10% of the units to be sold at an affordable cost to moderate-income
households. The applicant’s pro-forma has demonstrated that the requested incentives are
necessary to make the housing units economically feasible. Therefore, staff recommends that the
Commission determine that the requested development incentives are in conformance with the
Density Bonus Ordinance. Staff also recommends that the Planning Commission approve the
proposed tentative tract map it would implement a project that is compatible with existing and
surrounding land uses. In addition, approval of the proposed residential development would
result in an increase in the City’s housing stock and would be consistent with the goals and
policies contained in the Housing Element.
Prepared by, Submitted by,
Nick Taylor Jonathan E. Borrego
Associate Planner Planning Services Manager
Attachments:
1. Draft Density Bonus Resolution
2. Draft Tentative Tract Map Resolution
3. Project Summary
4. CEQA Checklist
5. Density Bonus Memorandum
6. Plans
7. Site Photographs
C-GCAR WASH
RM-4SAN MARCUS56 DU
RS-2S.F.R.
RS-2S.F.R.
TO.C.F.C.D.
RM-4VACANT
R M -4
B E A C H S I D E
A P A R T M E N T S
4 2 D U
C-GRELIGIOUS USE
C-GRETAIL
RM-4FRANCISCANAPARTMENTS70 DU
RM-4SAN CARLOSAPARTMENTS56 DU
C-GRETAIL
R M -4
A P A R T M E N T S
RM-4NORMANDYAPARTMENTS70 DU
T (MHP)LIBERTYTRAVELPARK R M -4
C O U R T Y A R D
A P A R T M E N T S
4 8 D U
TSOUTHERNCALIFORNIAEDISON CO.EASEMENT
C-GRETAIL
T (MHP)WESTERNSKIESTRAILERPARK
RM-4S.F.R.
C-GRETAIL
C-GRETAIL
TSOUTHERNCALIFORNIAEDISON CO.EASEMENT
TVACANT
R M -4
N U R S E R Y
RM-4HARBORVILLAGEAPARTMENTS112 DU TNURSERY
RM-4S.F.R.
RS-2S.F.R.
RS-2S.F.R.
C-GDUPLEX
RM-4DUPLEX
W LINCOLN AVEW LINCOLN AVE W LINCOLN AVE
W TOLA AVE
N S Y R A C U S E S T
W TROJAN PLS T R O J A N S T
W SERENO PL
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S T O L A P L
S R O Y C E P L
S R E N O A K S T
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W OCEAN VIA
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W. BROADWAYW. ORANGE AVE
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M A G N O L I A A V E
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W. LINCOLN AVEW. LINCOLN AVE
2726 West Lincoln Avenue
DEV No. 2013-00028A
Subject Property APN: 126-022-18126-022-17
°0 50 100
Feet
Aerial Photo:June 2015
W LINCOLN AVEW LINCOLN AVE W LINCOLN AVE
W TOLA AVE
N S Y R A C U S E S T
W TROJAN PLS T R O J A N S T
W SERENO PL
N L A R E I N A C I R
S T O L A P L
S R O Y C E P L
S R E N O A K S T
S S U N S E T V I A
W OCEAN VIA
W. LINCOLN AVE
W. BROADWAYW. ORANGE AVE
W. CRESCENT AVE
S . D A L E A V E
. CRESCENT AVE
S . W E S T E R N A V E
N .D A L E
A V E
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M A G N O L I A A V E
N . B R O O K H U R S T S T
W. LINCOLN AVEW. LINCOLN AVE
2726 West Lincoln Avenue
DEV No. 2013-00028A
Subject Property APN: 126-022-18126-022-17
°0 50 100
Feet
Aerial Photo:June 2015
[DRAFT] ATTACHMENT NO. 1
- 1 - PC2016-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING MISCELLANEOUS CASE NO. 2013-00575 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013-00028A)
(2726 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified application for a density bonus for a proposed housing
development (the "Density Bonus Application") on certain real property located at 2726 West
Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property"); and
WHEREAS, the Density Bonus Application, designated as "Miscellaneous Case
No. 2013-00575", was submitted in conjunction with a petition for approval of Tentative Tract
Map No. 18046 to establish a 1-lot, 35-unit attached condominium subdivision (the "Project"), at
least four (4) of which condominium units (the "Density Bonus Units") will be offered for sale to
"moderate income households", as defined in Section 50093 of the California Health and Safety
Code, at an "affordable housing cost", as defined in Section 50052.5 of the California Health and
Safety Code; and
WHEREAS, in consideration for providing housing affordable to moderate
income households, the applicant has requested certain development concessions and incentives,
including waivers or reductions of development standards, which the applicant has represented
are necessary to provide affordable housing costs for the Density Bonus Units; and
WHEREAS, the Project, Miscellaneous Case No. 2013-00575 and Tentative Tract
Map No. 18046 shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, on October 17, 2016, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for
and against the Proposed Project and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for 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 "projects", as that term is defined in Section 15378 of the CEQA
Guidelines; and
- 2 - PC2016-***
WHEREAS, the Planning Commission finds and determines that the Proposed
Project is within that class of projects (i.e., Class 32 – In-fill Development projects) which
consists of in-fill development meeting the conditions described in Section 15332 of the CEQA
Guidelines; that is, (a) the project is consistent with the applicable general plan designation and
all applicable general plan policies as well as with applicable zoning designation and regulations,
(the proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses, (c) the project site has no value as habitat for
endangered, rare or threatened species, (d) approval of the project would not result in any
significant effects relating to traffic, noise, air quality, or water quality, and (e) the site can be
adequately served by all required utilities and public services. The Planning Commission finds
and determines that the Property is located within an "urbanized area", as that term is defined in
Section 15387 of the CEQA Guidelines, and meets the aforementioned conditions and 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, does find and determine the following facts:
1. That the following Tier Two concessions and incentives are necessary to
provide at least four (4) of the condominium units within the Project for sale at an affordable cost
to moderate income households under Section 18.52.090 of Chapter 18.52 (Density Bonuses) of
the Code: (i) a reduction in the minimum interior setback requirement along the east and south
property lines where a 13’-4” building setback along the east property line is proposed and a 15-
foot building setback would be required, and a 9-foot building setback along the south property
line is proposed and a 15-foot building setback would be required; (ii) a reduction in the front
setback requirement along the north property line where a 13’-6” landscape and building setback
is proposed and a 20-foot landscape and building setback would be required; and (iii) a 4-foot
landscaped setback along the west property line is proposed and a 5-foot landscaped setback
would be required; and
2. That granting of the the density bonus or incentive will not have a specific
adverse impact upon public health and safety or on the physical environment, or on any real
property that is listed in the California Register of Historical Resources, and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering
the development unaffordable to moderate income households.
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.
- 3 - PC2016-***
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings,
this Planning Commission, for the reasons hereinabove stated, does hereby approve
Miscellaneous Case No. 2013-00575 subject to the conditions of approval described in Exhibit B
attached hereto and incorporated by this reference which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the health, safety and
general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant’s compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 17, 2016.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2016-***
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 October 17, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2016-***
- 6 - PC2016-***
EXHIBIT “B”
MISCELLANEOUS PERMIT NO. 2013-00575 (DEV2013-00028A)
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
GENERAL
1
The Developer shall comply with the requirements of subparagraph (3)
of paragraph (c) of California Government Code Section 65915 to the
satisfaction of the Planning Director, meaning that the Developer may be
required to replace rental dwelling units occupied by lower or very low
income households that are vacated or demolished as a result of the
proposed project by providing at least the same number of units of
equivalent size or type, or both, to be made available at affordable
housing cost to, and occupied by, persons and families in the same or
lower income category in accordance with the equity sharing agreement
required for the initial occupants of all for-sale units that qualified the
Developer for the award of the density bonus, as described in
subparagraph (3) of paragraph (c) of California Government Code
Section 65915. Said provisions of Government Code Section 65915
describe different scenarios and obligations for replacement housing
depending upon the circumstances of the rental housing on the subject
property, the income category of tenants either in occupancy at the time
of application for a density bonus or tenants previously residing in any
dwelling units vacated or demolished within five years prior to the
application. The Developer shall comply with the requirements of
subparagraph (3) of paragraph (c) of California Government Code
Section 65915 to the satisfaction of the Planning Director, meaning that
the Developer may be required to replace rental dwelling units occupied
by lower or very low income households that are vacated or demolished
as a result of the proposed project by providing at least the same number
of units of equivalent size or type, or both, to be made available at
affordable housing cost to, and occupied by, persons and families in the
same or lower income category in accordance with the equity sharing
agreement required for the initial occupants of all for-sale units that
qualified the Developer for the award of the density bonus, as described
in subparagraph (3) of paragraph (c) of California Government Code
Section 65915. Said provisions of Government Code Section 65915
describe different scenarios and obligations for replacement housing
depending upon the circumstances of the rental housing on the subject
property, the income category of tenants either in occupancy at the time
of application for a density bonus or tenants previously residing in any
dwelling units vacated or demolished within five years prior to the
application. To enable the Planning Director to determine whether
replacement housing units will be required for inclusion in the proposed
development project, the Developer shall provide to the Planning
Director within 60 days following approval by the Planning Commission
Community and
Economic
Development
Department
- 7 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
of the resolution to which this condition is attached such documentation
as the Planning Director shall determine necessary and appropriate to
enable the Planning Director to determine whether replacement housing
will be required.
PRIOR TO FINAL MAP APPROVAL
2 Prior to final map approval, the Developer shall execute and record
against the Property a Density Bonus Housing Agreement in a form and
substance acceptable to the Planning Director and the City Attorney, and
if required by the Density Bonus Housing Agreement, a declaration of
covenants, conditions, and restrictions (“CC&R’s”) that sets forth the
terms and conditions of approval of said Density Bonus. The Density
Bonus Housing Agreement/CC&R’s shall be binding on the Developer
and all future owners and successors in interest thereof. The Density
Bonus Housing Agreement shall require the Density Bonus units to be
offered for sale to the initial buyer of the Density Bonus units at an
affordable housing cost to moderate income households and shall include
the requirement for an equity sharing agreement, whereby the initial
buyer of each Density Bonus unit shall enter into an agreement with the
City requiring each such initial buyer to pay to the City upon the initial
resale of each Density Bonus unit the City's proportional share of
appreciation in accordance with paragraph .0105 (For-Sale Housing) of
subsection .010 (Approval) of Section 18.52.040 (General Density
Bonus) of the Code.
Community and
Economic
Development
Department
PRIOR TO ISSUANCE OF A GRADING PERMIT
3 Right of entry and private drainage easement are required from the
property owner to the south to allow the proposed storm drain crossing
the lot.
Public Works
Department,
Development Services
Division
4 OCFCD permit is required for the connection to the Carbon Creek
Channel.
Public Works
Department,
Development Services
Division
5 Capacity assessment is required for the drainage system in Lincoln
Avenue in case the property owner to the south denies access and/or
OCFCD denies connection permit, resulting in drainage diverting
northerly. Additional storm drain system may be required in Lincoln
Avenue to be constructed by the developer to handle the excess
development flow if the City system accepting the flow found to be
deficient.
Public Works
Department,
Development Services
Division
6 Prior to issuance of the grading permit, the applicant shall submit to the
Public Works Development Services Division for review and approval a
Water Quality Management Plan that conforms with current Orange
County Guidelines and Requirements as well as the City’s WQMP
Review Checklist.
Public Works
Department,
Development Services
Division
- 8 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
7 Prior to issuance of the grading permit and right-of-way construction
permit for the storm drain and sewer, whichever occurs first, a Save
Harmless agreement in-lieu of an Encroachment Agreement is required
to be executed, approved by the City and recorded by the applicant on
the property for any storm drains connecting to a City storm drain.
Public Works
Department,
Development Services
Division
8 That the developer/owner shall submit a set of improvement plans for
Public Utilities Water Engineering review and approval in determining
the conditions necessary for providing water service to the project.
Public Utilities
Department,
Water Engineering
Division
9 The developer shall demonstrate that all building pads will be a
minimum of 1-foot above the base flood elevation. The developer shall
provide an elevation certificate issued by FEMA, or other materials
determined to be sufficient by Planning Services Division staff.
Planning and Building
Department,
Planning Services
Division
PRIOR TO ISSUANCE OF A BUILDING PERMIT
10 All plumbing or other similar pipes and fixtures located on the exterior of
the building shall be fully screened by architectural devices and/or
appropriate building materials. Said information shall be specifically
shown on the plans submitted for building permits.
Planning and Building
Department,
Planning Services
Division
11 All air-conditioning facilities and other ground-mounted equipment shall
be properly shielded from view and the sound buffered from adjacent
residential properties. Said information shall be specifically shown on
the plans submitted for building permits.
Planning and Building
Department,
Planning Services
Division
12 Locations for future above-ground utility devices including, but not
limited to, electrical transformers, water backflow devices, gas,
communications and cable devices, etc., shall be shown on plans
submitted for building permits. Plans shall also identify the specific
screening treatments of each device (i.e. landscape screening, color of
walls, materials, identifiers, access points, etc.) and shall be subject to the
review and approval of the appropriate City departments.
Planning and Building
Department,
Planning Services
Division
13 Prior to approval of permits for improvement plans, the property
owner/developer shall coordinate with Electrical Engineering to establish
electrical service requirements and submit electric system plans,
electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications.
Public Utilities
Department,
Electrical Engineering
Division
14 Owner shall install an approved backflow prevention assembly on the
water service connection(s) serving the property, behind property line
and building setback in accordance with Public Utilities Department
Water Engineering Division requirements.
Public Utilities
Department,
Water Engineering
Division
15 That a private water system with separate water service for fire
protection and domestic water shall be provided and shown on plans
submitted to the Water Engineering Division of the Anaheim Public
Utilities Department.
Public Utilities
Department,
Water Engineering
Division
- 9 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
16 That water submetering shall be furnished and installed by the
Owner/Developer and a water submeter shall be installed to each
individual unit. Provisions for the ongoing maintenance and operation
(including meter billing) of the submeters shall be the responsibility of
the Owner/Developer and included and recorded in the Master CC & Rs
for the project.
Public Utilities
Department,
Water Engineering
Division
17 That all backflow equipment shall be located above ground outside of the
street setback area in a manner fully screened from all public streets and
alleys. Any backflow assemblies currently installed in a vault will have
to be brought up to current standards. Any other large water system
equipment shall be installed to the satisfaction of the Water Engineering
Division outside of the street setback area in a manner fully screened
from all public streets and alleys. Said information shall be specifically
shown on plans and approved by Water Engineering and Cross
Connection Control Inspector.
Public Utilities
Department,
Water Engineering
Division
18 That all requests for new water services, backflow equipment, or fire
lines, as well as any modifications, relocations, or abandonments of
existing water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of the
Anaheim Public Utilities Department.
Public Utilities
Department,
Water Engineering
Division
19 That all existing water services and fire services shall conform to current
Water Services Standards Specifications. Any water service and/or fire
line that does not meet current standards shall be upgraded if continued
use is necessary or abandoned if the existing service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
Public Utilities
Department,
Water Engineering
Division
20 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)
an easement for all large domestic above-ground water meters and fire
hydrants, including a five (5)-foot wide easement around the fire hydrant
and/or water meter pad. (ii) a twenty (20) foot wide easement for all
water service mains and service laterals all to the satisfaction of the
Water Engineering Division. The easements shall be granted on the
Water Engineering Division of the Public Utilities Department’s standard
water easement deed. The easement deeds shall include language that
requires the Owner to be responsible for restoring any special surface
improvements, other than asphalt paving, including but not limited to
colored concrete, bricks, pavers, stamped concrete, decorative hardscape,
walls or landscaping that becomes damaged during any excavation,
repair or replacement of City owned water facilities. Provisions for the
repair, replacement and maintenance of all surface improvements other
than asphalt paving shall be the responsibility of the Owner and included
and recorded in the Master CC & Rs for the project.
Public Utilities
Department,
Water Engineering
Division
- 10 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
21 That the developer/owner shall submit to the Public Utilities Department
Water Engineering Division an estimate of the maximum fire flow rate
and maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-site water
system improvements required to serve the project shall be done in
accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and
Regulations.
Public Utilities
Department,
Water Engineering
Division
22 That water improvement plans shall be submitted to the Water
Engineering Division for approval and a performance bond in the amount
approved by the City Engineer and form approved by City Attorney shall
be posted with the City of Anaheim.
Public Utilities
Department,
Water Engineering
Division
23 Prior to issuance of the first building permit, excluding model homes, the
final map shall be submitted to and approved by the City of Anaheim
Department of Public Works and the Orange County Surveyor for
technical review and that all applicable conditions of approval have been
complied with and then shall be filed in the Office of the Orange County
Recorder.
Public Works
Department,
Development Services
Division
24 Prior to issuance of a Building Permit, the project shall record Solid
Waste Management Plan (SWMP), including storage and collection in
CC&Rs.
Public Works
Department,
Operations Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
25 That prior to final building and zoning inspection, the developer shall
improve Lincoln Avenue per the West Lincoln Avenue Corridor Master
Plan or as approved by the City Engineer (public). The improvements
shall include ADA compliant curb access ramps with truncated domes to
be constructed at the intersections of Lincoln Avenue on both sides of the
driveway in conformance with Public Works Standard Detail 111-3.
Public Works
Department,
Development Services
Division
26 All required street, landscaping, irrigation, sewer and drainage
improvements shall be constructed prior to the first final building and
zoning inspections and are subject to review and approval by the
Construction Services inspector.
Public Works
Department,
Development Services
Division
27 Prior to final building and zoning inspections, all required site WQMP
items shall be inspected and operational.
Public Works
Department,
Development Services
Division
28 The developer shall make a cash payment to the City of Anaheim in-lieu
of street widening. Submit a construction cost estimate for review. Cash
in-lieu payment to be determined subsequently.
Public Works
Department,
Development Services
Division
29 Prior to connection of electrical service, the legal owner shall provide to
the City of Anaheim a Public Utilities easement with dimensions as
shown on the approved utility service plan.
Public Utilities
Department,
Electrical Engineering
- 11 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
Division
30 Prior to connection of electrical service, the legal owner shall submit
payment to the City of Anaheim for service connection fees.
Public Utilities
Department,
Electrical Engineering
Division
GENERAL
31 Any tree planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead. That the property
shall be permanently maintained in an orderly fashion by providing
regular landscape maintenance, removal of trash or debris, and removal
of graffiti within two (2) business days from time of discovery.
Planning and Building
Department,
Code Enforcement
Division
32 The subject property shall be developed substantially in accordance with
the plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department,
including Tract Map, Site Plan, Floor Plans, and Elevations, and as
conditioned herein.
Planning and Building
Department,
Planning Services
Division
33 Approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim Municipal Zoning
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.
Planning and Building
Department,
Planning Services
Division
34 That curbs adjacent to the drive aisles shall be painted red to prohibit
parallel parking in the drive aisles. Red curb locations shall be clearly
labeled on building plans.
Public Works
Department,
Traffic Engineering
Division
35 Vehicle gates shall not be installed across the project driveways or access
roads without providing a vehicle turnaround area to the satisfaction of
the City Engineer.
Public Works
Department,
Traffic Engineering
Division
36 Curbing shall be painted red designating area for trash truck turnaround. Public Works
Department,
Operations Division
37 The following minimum horizontal clearances shall be maintained
between proposed water main and other facilities:
• 10-feet minimum separation (outside wall-to-outside wall) from
sanitary sewer mains and laterals
• 5-feet minimum separation from all other utilities, including
storm drains, gas, and electric
• 10-feet minimum separation from structures, footings and trees
• 6-feet minimum separation from curb face
Public Utilities
Department,
Water Engineering
Division
- 12 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
38 No public water mains or laterals allowed in alleys or paseo areas or
under parking stalls or parking lots.
Public Utilities
Department,
Water Engineering
Division
39 All fire services 2-inch and smaller shall be metered with a UL listed
meter, Hersey Residential Fire Meter with Translator Register, no equals.
Public Utilities
Department,
Water Engineering
Division
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2016-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 18046
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013-00028A)
(2726 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the “Planning
Commission”) did receive a verified petition for the approval of Tentative Tract Map No. 18046
to construct 35 single-family, attached condominium units (the "Project") on certain real property
located at 2726 West Lincoln Avenue in the City of Anaheim, County of Orange, State of
California, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 1.17 acres in size and is located in the "RM-
4" Multiple-Family Residential Zone. The Property is designated on the Land Use Element of
the General Plan for "Medium Density Residential" land uses; and
WHEREAS, Tentative Tract Map No. 18046 is proposed in conjunction with
Miscellaneous Permit No. 2013-00575, now pending, which, together with the Project, shall be
referred to herein collectively as the “Proposed Project”; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the Proposed Project is
within that class of projects (i.e., Class 32 – In-fill Development projects) which consists of in-
fill development meeting the conditions described in Section 15332 of the CEQA Guidelines;
that is, (a) the project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and regulations, (the proposed
development occurs within city limits on a project site of no more than five acres substantially
surrounded by urban uses, (c) the project site has no value as habitat for endangered, rare or
threatened species, (d) approval of the project would not result in any significant effects relating
to traffic, noise, air quality, or water quality, and (e) the site can be adequately served by all
required utilities and public services. The Planning Commission finds and determines that the
Property is located within an "urbanized area", as that term is defined in Section 15387 of the
CEQA Guidelines, and meets the aforementioned conditions and will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
- 2 - PC2016-***
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 17, 2016 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, this Planning Commission, after due consideration, 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 to approve Tentative Tract Map No. 18046, does
find and determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 18046, including its design and improvements, is consistent with the General
Plan land use designation of Medium Density Residential.
2. That the site is physically suitable for the type and density of the Proposed
Project.
3. That the design and improvement of the subdivision, as shown on proposed
Tentative Tract Map No. 18046, is not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental
habitat has been identified.
4. That the design and improvement of the subdivision, as shown on proposed
Tentative Tract Map No. 18046, is not likely to cause serious public health problems.
5. That the design of the subdivision and improvement, as shown on proposed
Tentative Tract Map No. 18046, will not conflict with easements acquired by the public, at
large, for access through or use of property within the proposed subdivision.
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve Tentative Tract Map No. 18046,
contingent upon and subject to: (1) the adoption by the Planning Commission of (i) a resolution
approving and adopting Miscellaneous Permit No. 2013-00575; and (ii) the conditions of
approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which
are hereby found to be a necessary prerequisite to the proposed use of the Property in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete said conditions of approval may be granted in
accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of
approval may be amended by the Planning Director upon a showing of good cause provided (i)
- 3 - PC2016-***
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 this Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 17, 2016. Said Resolution is subject to the appeal provisions set forth in Section
17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2016-***
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 October 17, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October,
2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2016-***
- 6 - PC2016-***
EXHIBIT “B”
TENTATIVE TRACT MAP NO. 18046 (DEV2013-00028A)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1 Prior to final map approval, all existing structures shall be demolished.
The developer shall obtain a demolition permit from the Building
Division.
Public Works
Department,
Development Services
Division
2 The vehicular access rights to Lincoln Avenue shall be released and
relinquished to the City of Anaheim, except at approved private street
openings.
Public Works
Department,
Development Services
Division
3 A maintenance covenant shall be submitted to the Subdivision Section and
approved by the City Attorney's office. The covenant shall include
provisions for maintenance of private facilities such as private street,
private sewer, and private storm drain improvements; compliance with
approved Water Quality Management Plan; and a maintenance exhibit.
Maintenance responsibilities shall include all drainage devices, parkway
landscaping and irrigation on Lincoln Avenue. The covenant shall be
recorded concurrently with the final map.
Public Works
Department,
Development Services
Division
4 The legal property owner shall post a security and execute a Subdivision
Agreement to complete the required public improvements at the legal
owner’s expense in an amount approved by the City Engineer and in a
form approved by the City Attorney. Said agreement shall be submitted to
the Public Works Department, Subdivision Section for approval by the
City Council.
Public Works
Department,
Development Services
Division
5 The property owner shall irrevocably offer to dedicate to the City of
Anaheim an easement 60 feet in width from the centerline of the street
along Lincoln Avenue for street widening purposes.
Public Works
Department,
Development Services
Division
6 That prior to final map approval, street improvement plans shall be
submitted for improvements along the frontage of Lincoln Avenue.
Improvements shall conform to the City Standards and as approved by the
City Engineer. Parkway landscaping and irrigation shall be installed on the
public street with the irrigation connected to the on-site irrigation system
and maintained by the property owner. Also, the plans shall include all
required drainage improvements and the mechanisms proposed in the
Public Works
Department,
Development Services
Division
- 7 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT
approved Drainage Report. No offsite run-off shall be blocked during and
after grading operations or perimeter wall construction.
GENERAL
7 The applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to
individually and collectively as “Indemnities”) from any and all claims,
actions or proceedings brought against Indemnities to attack, review, set
aside, void, or annul the decision of the Indemnities concerning this permit
or any of the proceedings, acts or determinations taken, done, or made
prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to, damages, fees
and/or costs awarded against or incurred by Indemnities and costs of suit,
claim or litigation, including without limitation attorneys’ fees and other
costs, liabilities and expenses incurred by Indemnities in connection with
such proceeding.
Planning and Building
Department,
Planning Services
Division
8 Conditions of approval related to each of the timing milestones above shall
be prominently displayed on plans submitted for permits. For example,
conditions of approval that are required to be complied with prior to the
issuance of building permits shall be provided on plans submitted for
building plan check. This requirement applies to grading permits, final
maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life
safety plans, etc.
Planning and 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 and Building
Department,
Planning Services
Division
10 The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the applicant
and which plans are on file with the Planning Department, and as
conditioned herein.
Planning and Building
Department,
Planning Services
Division
PROJECT SUMMARY MISCELLANEOUS CASE NO. 2013-00575
Development Standard RM-4 Standards (minimum unless noted) Proposed Project (*Tier Two Incentive)
Site Area (min 1,200 s.f./unit) 0.96 1.176 acres
Density 36 du/acre maximum 30 du/acre
Lot Coverage 55% maximum 36%
Recreation-Leisure Area 7,000 s.f. 7,105 s.f.
Floor Area 825 s.f. 1,227 s.f.
Building Height 40 feet maximum 31’-4”
Setbacks Between Buildings 40 feet 67’-7”
Landscaping Setback
• North (adjacent to Lincoln Ave.)
• East (adjacent to RV storage)
• South (adjacent to vacant lot)
• West (adjacent to apartments)
Tier One Standard
20 feet
5 feet
10 feet**
5feet
13’-6”*
0 feet*
9 feet
4’6”*
Building Setback
• North (adjacent to Lincoln Ave.)
• East (adjacent to RV storage)
• South (adjacent to vacant lot)
• West (adjacent to apartments)
Tier One Standard
20 feet
15 feet
55 feet**
15 feet
13’-6”*
6 feet*
9 feet*
24 feet
Parking 70 spaces1 70 spaces
**Within 150 feet of a Single-Family Residential Zone
1 Permitted under the Density Bonus ordinance.
ATTACHMENT NO. 3
CITY OF ANAHEIM
ENVIRONMENTAL CHECKLIST FORM
CLASS 32 CATEGORICAL EXEMPTION
INFILL DEVELOPMENT PROJECTS**
CASE NO.: DEVELOPMENT CASE NO. 2013-00028A
MISCELLANEOUS CASE NO. 2013-00575
TENTATIVE TRACT MAP NO. 18046
PROJECT APPLICANT: Gene Broussard AMG & Associates, LLC
16633 Ventura Boulevard, Suite 1014
Encino, CA 91436
gbroussard@amgland.com
PROJECT ADDRESS: 2726 West Lincoln Avenue
APN(s): 126-02-217, 126-02-218
PROJECT LOCATION:
ATTACHMENT NO. 4
SURROUNDING LAND USES AND SETTING: The 1.176-acre property is currently developed with
four single-family residences. In 2013, the property was reclassified from the “T” Transition zone to the
“RM-4” Multi-Family Residential Zone. The General Plan designates the property for Medium Density
Residential land uses. The surrounding land uses include apartments to the west, vacant land and a flood
control channel to the south, outdoor recreational vehicle storage to the east, and automobile service uses
across Lincoln Avenue to the north. PROJECT DESCRIPTION: The applicant requests approval of the following: (i) a Planning
Commission determination of conformance with the Density Bonus Code to construct a 35-unit
condominium subdivision with affordable units and Tier 2 incentives; and (ii) a tentative tract map to
establish a 1-lot, 35 unit attached condominium subdivision. The Proposed Project includes the
demolition of four single-family residences and the construction of a condominium subdivision which
will be comprised of two 3-story buildings, ground level garage parking and two-story, two bedroom
units above. Project amenities include 1,765 square feet of common open space.
GENERAL PLAN DESIGNATION: Medium Density Residential
ZONING: RM-4 Multi-Family Residential Zone
INFORMATION DEMONSTRATING THAT THE PROJECT SATISFIES THE CONDITIONS DESCRIBED IN SECTION 15332 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS:
1. Is the project consistent with the applicable general plan designation and all applicable general
plan policies as well as with applicable zoning designation and regulations?
The tentative tract map indicates a 1-lot subdivision to allow for the construction of 35
condominium units. The proposed subdivision, including its design and improvements, is
consistent with the Medium Density Residential land use designation of the Anaheim
General Plan and RM-4 Multi-Family Residential Zone.
2. Is the proposed development located within the City limits on a project site of no more than five
acres substantially surrounded by urban uses?
The1.176-acre property is located in the City of Anaheim and is currently developed with four
single family residences. Surrounding land uses in consist of apartments to the west, vacant land
and a flood control channel to the south, outdoor recreational vehicle storage to the east, and
office, commercial and retail uses across Lincoln Avenue to the north.
3. Does the project site have value as habitat for endangered, rare or threatened species?
The project site is currently developed with four single-family homes and has no habitat value for
endangered, rare or threatened species.
4. Would approval of the project result in any significant effects relating to traffic, noise, air
quality, or water quality?
a. Traffic:
Construction - There would be a temporary minor increase in traffic due to construction vehicles
during the construction phase. However, this impact would be temporary. No significant impacts
would occur.
Operation - The Proposed Project consists of the demolition of four single-family homes and the
construction of a 35-unit condominium subdivision. The City of Anaheim Traffic Study
Guidelines state that a traffic study is required when a project is expected to generate 100 or more
new vehicle trips in the AM or PM peak hour. Based on the Institute of Traffic Engineers (ITE)
Trip Generation Manual Code 230, the net increase of 31 units is equivalent to 18 new peak hour
trips. As such, a traffic study was not required nor prepared. Neither roadway segments nor
immediately surrounding intersections are anticipated to be significantly impacted as a result of
the additional trips from the Proposed Project.
b. Noise:
Construction - The Proposed Project would generate temporary noise during construction
activities. Equipment used during construction could create noise impacts through the duration of
the construction process. However, these impacts are temporary and would cease upon
completion of construction. Chapter 6.70 of the City’s noise ordinance exempts construction
noise between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Adherence to the
City Noise ordinance would result in no significant impacts.
Operation - The Proposed Project is a 35-unit residential development that, when constructed,
would generate noise impacts consistent with those of surrounding land uses. No significant
impacts would occur.
c. Air Quality:
The Proposed Project site is located within SoCAB which is characterized by relatively poor air
quality and is a Federal- and State-designated nonattainment area for O3, PM10 and PM2.5 (US
EPA 2012). SCAQMD has established significance thresholds for both construction and
operational activities relative to these criteria pollutants. Based on the following analysis,
implementation of the Proposed Project would result in less than significant impacts relative to
the daily significance thresholds for criteria air pollutant construction emissions established by
the SCAQMD.
Construction - The proposal consists of the demolition of four single-family homes and the
construction of a 35-unit condominium subdivision on a 1.176-acre parcel. General construction
activities, such as site preparation, including demolition of the existing four single-family
residences, grading, and travel by construction workers can contribute to air pollutants. All
construction activities would comply with SCAQMD Rule 403 (SCAQMD 2005) regarding the
control of fugitive dust emissions, and existing City dust suppression practices that minimize dust
and other emissions. Such controls include frequent watering of the site, the covering and/or
wetting of trucks hauling dirt, sand, soil or other loose materials off-site, street sweeping, as
needed, to remove dirt dropped by construction vehicles or mud that would otherwise be carried
off by trucks departing the site, suspending grading and excavation activities in high winds (25
miles per hour [mph] or more) as well as implementation of a traffic control plan to minimize
traffic flow interference from construction activities, etc., that would be incorporated into the
construction plans.
Construction is conservatively anticipated to last 16 months and construction would be broken
into three phases: demolition, grading, and building construction (which consists of building
construction, paving, and architectural coating).
Pollutant emissions resulting from Proposed Project construction activities were calculated using
the CalEEMod model. Construction emissions are based on conservative assumptions, which
imply a default equipment mix and a worst-case construction schedule. As shown in Table 1,
entitled “Project-Related Construction and Operational Emissions,” the incremental increase in
emissions from Proposed Project construction activities fall well below SCAQMD significance
thresholds for regional emissions.
Operation - The Proposed Project’s incremental increase in regional emissions resulting from
operation of the Proposed Project would not exceed any SCAQMD thresholds. Mobile source
emission calculations utilize the vehicle miles traveled (VMT) rate calculated by CalEEMod,
based on the specific proposed land use and intensity. The daily VMT rate is based on the
number of daily trips for each land use and applied to a commute percentage and an average trip
length, both of which are land use specific values derived from CalEEMod. These values account
for variations in trip frequency and length associated with commuting to and from the Proposed
Project. Emission factors specific to the buildout year are projected based on SoCAB-specific
fleet turnover rates and the impact of future emission standards and fuel efficiency standards.
The increase in the consumption of fossil fuels to provide power, heat, and ventilation was
considered in the calculations as stationary point source emissions. Future fuel consumption rates
are estimated based on land use specific energy consumption rates. The emission factors used in
this analysis represent a State-wide average of known power producing facilities, utilizing various
technologies and emission control strategies, and do not take into account any unique emissions
profile. At this time, these emission factors are considered conservative and representative. Area
source emissions were calculated by CalEEMod and include emissions from natural gas and
landscape fuel combustion, consumer products, and architectural coatings (future maintenance).
As shown in Table 1, the operational emissions pollutant concentrations resulting from Proposed
Project operation would not exceed SCAQMD thresholds. Therefore, air quality impacts would
be less than significant.
Table 1 Project-Related Construction and Operational Emissions
Mass Daily Thresholds (pounds per day)
VOC NOx CO SO2 PM10 PM2.5 Construction Emissions
SCAQMD Threshold 75 100 550 150 150 55
2017 Project Emissions 4.25 44 30 .03 13 2
2018 Project Emissions 52.5 28 25 .04 2 1.75
Total Project Emissions 56.75 72 55 .07 15 3.75
Exceed Threshold? NO NO NO NO NO NO
VOC NOx CO SO2 PM10 PM2.5 Operational Emissions
SCAQMD Threshold 55 55 550 150 150 55
Project Emissions 1.75 1.75 10 .02 1.5 .5
Exceed Threshold? NO NO NO NO NO NO
Source of emissions: CalEEMod 2013.2.2
Source of thresholds: SCAQMD
Regional emissions refer to the ambient conditions surrounding the site. Therefore, pollutant
emissions associated with construction of the Proposed Project would be less than significant.
Operational related impacts are typically associated with emissions produced from Project-
generated vehicle trips. Based on the Proposed Project’s anticipated compliance with
SCAQMD Rule 403 and the scale of development, it is anticipated that no significant impacts
would occur to existing air quality standards.
d. Water Quality:
Grading and construction associated with site work on the project site would result in temporary
disturbance of surface soils, which could potentially result in erosion and sedimentation on site,
which are major visible water quality impacts attributable to construction activities. Any
stockpiles of excavated areas would be susceptible to high rates of erosion from wind and rain
and, if not manage properly, could result in increased sedimentation in local drainage ways.
The Proposed Project must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) MS4 Permit. The NPDES MS4 Permit Program, which is
administered in the project area by the City of Anaheim and County of Orange, issued by the
Santa Ana Regional Water Quality Control Board (SARWQCB), helps control water pollution by
regulating point sources that discharge pollutants into receiving waters. The Proposed Project
operation must also comply with the NPDES General Construction Permit.
The contractor would be required to comply with Chapter 10.09 of the Anaheim Municipal Code,
which prohibits the active or passive discharge or disposal of soil or construction debris into the
storm drain. Additionally, the Proposed Project would be required to obtain coverage under the
General Permit for Discharges of Storm Water Associated with Construction Activity
(Construction General Permit Order 2009-0009-DWQ). Construction activities subject to the
Construction General Permit includes clearing, grading, and disturbances to ground such as
stockpiling or excavation. The Construction General Permit requires implementation of a Storm
Water Pollution Prevention Plan (SWPPP). The SWPPP would generally contain a site map
showing the construction perimeter, existing and proposed buildings, storm water collection and
discharge points, general pre- and post-construction topography, drainage patterns across the site,
and adjacent roadways.
The SWPPP must also include project construction features designed to protect against
stormwater runoff, known as Best Management Practices (BMPs). Additionally, the SWPPP
must contain a visual monitoring program; a chemical monitoring program for “non-visible”
pollutants, should the BMPs fail; and a sediment monitoring plan, should the site discharge
directly into a water body listed on the 303(d) list for sediment. Section A of the Construction
General Permit describes the elements that must be contained in the SWPPP. Incorporation of
these policies and ordinances and the requirements contained within would reduce project
impacts to less than significant.
5. Can the project site be adequately served by all required utilities and public services?
a. Fire Protection:
The construction of a 35-unit condominium subdivision would result in a small increase
of new residents, which could incrementally increase demands for fire protection
services. However, the increased demand for fire protection services would be
considered minimal and would be met with existing fire resources. Impacts to fire
services are anticipated to be adequately funded by an increase in tax revenue, over an
extended period of time, relative to the increase in development intensity. Additional fire
personnel and associated facilities and equipment would be provided through the annual
Operating Budget and Capital Improvement Program review process. Annually, Fire
Department needs would be assessed and budget allocations revised accordingly to
ensure that adequate levels of service are maintained throughout the City. Building plans
submitted for new development on the project site would be required to comply with fire
safety requirements. Additionally, development of the project site would not result in the
need for new or physically altered fire protection facilities. Impacts to fire services would
be less than significant.
b. Police Protection:
The construction of a 35-unit condominium subdivision would result in a small increase
of new residents, which could incrementally increase demands for police services.
Development of the project site would not result in the need for new or physically altered
police protection facilities. Impacts to police services would be less than significant.
c. Schools:
The Proposed Project would include the construction of a 35-unit condominium
subdivision, resulting in a small increase of new residents. Based on the student
generation rates of 0.406 for elementary students (Grades K-6), 0.144 for junior high
school students (Grades 7-8), and 0.240 for high school students (Grades 9-12) per
household provided in the Anaheim General Plan/Zoning Code Update EIR No. 3301,
development of 31 net new housing units would generate approximately 13 elementary
students, 5 junior high students, and 8 high school students. Therefore, the Proposed
Project would not significantly impact school services. In addition, payment of the
appropriate school fees would be required for all new development in accordance with
Senate Bill 50 (SB 50). The Proposed Project would be conditioned to pay the required
fee as mandated by SB 50 to off-set the impact to school services. Pursuant to SB 50,
payment of the school development fees are considered full mitigation. Impacts would
be less than significant.
1 Table 5.13-14 of the Anaheim General Plan/Zoning Code Update EIR
d. Parks:
The Proposed Project would generate a small increase of new residents that may utilize
recreational facilities in the City. According to the Anaheim General Plan/Zoning Code Update
EIR No. 330, the City has a goal of providing at least two acres of parkland per 1,000 residents.
In order to help achieve this goal, AMC Section 17.34.010 requires residential developments to
pay a park impact fee prior to the issuance of building permits in order to offset the increase in
demand and use of recreational facilities. Therefore, no significant impacts would occur.
e. Other Public Facilities:
The Proposed Project would include the demolition of four single-family residences and the
construction of a 35-unit condominium subdivision. The Proposed Project would generate a
small increase of new residents that may utilize library facilities in the City. The City of
Anaheim Public Library system consists of a Central Library, eight branches, the
Heritage House (former Carnegie Library), and a BookMobile. The population increase
of less than one half of a percent of the total City population would not significantly
impact the Public Library system. As a result, impacts associated with library services
and facilities would be less than significant.
e. Wastewater/Sewer:
The Proposed Project would be served by the Anaheim Public Works Department for wastewater
(Sanitary Sewer) collection service. The Proposed Project is located within a developed area and
there is an existing Public wastewater (Sanitary Sewer) main in W Lincoln Avenue, adjacent to
the Proposed Project. The Proposed Project would be required to connect to this existing
wastewater (Sanitary Sewer) line. The existing wastewater facilities are not identified as deficient
in either the “Existing” or “Build-out” conditions in the latest Combined Central Anaheim Area
Master Plan of Sanitary Sewers. Due to the small size of the Proposed Project, no significant
impacts on existing wastewater infrastructure would occur and the existing facilities would be
adequate to serve the wastewater collection requirements of the Proposed Project. Impacts to
wastewater treatment facilities (OCSD) would be less than significant.
f. Storm Water Drainage:
On-site grading and drainage improvements proposed in conjunction with the proposed site work
would be required to meet the City’s and Orange County Flood Control District’s (OCFCD) flood
control criteria including design discharges, design/construction standards and maintenance
features. Per Condition of Approval No. 2 to MIS No. 2013-00575, the project applicant will be
required to obtain a right of entry and private drainage easement from the property owner
to the south to allow the proposed storm drain crossing the lot, as well Condition of
Approval No. 3 which requires a permit from the OCFCD for the connection to Carbon Creek
Channel. All new development projects in the City are also required to include specific design
Best Management Practices to ensure that no storm water runoff generated on site would be
allowed to leave the site without pre-treatment for urban pollutants. The project site is partially
located in the flood zone. Per Condition of Approval No. 7 to TTM No. 18046, prior to final
map approval, the developer shall demonstrate that all building pads will be a minimum
of 1-foot above the base flood elevation. The developer shall provide an elevation
certificate issued by FEMA, or other materials determined to be sufficient by Planning
Services Division staff. The Proposed Project would not alter any drainage pattern in a manner
that would result in substantial erosion or siltation on or offsite. The Proposed Project would not
involve an alteration of the course of a stream or river. Erosion and siltation impacts potentially
resulting from the project would, for the most part, occur during the Proposed Project’s site
preparation and earthmoving phase. Implementation of the NPDES permit requirements, as they
apply to the site, would reduce potential erosion, siltation, and water quality impacts. Less than
significant impacts would occur.
g. Water Supplies:
The City of Anaheim receives water from two main sources: the Orange County Groundwater
Basin, which is managed by the Orange County Water District (OCWD), and imported water
from the Metropolitan Water District of Southern California (MWD). Groundwater is pumped
from 18 active wells located within the City, and imported water is delivered to the City through
seven treated water connections and one untreated connection.
According to the City of Anaheim 2015 Urban Water Management Plan (UWMP), local
groundwater has been the least expensive and most reliable source of water supply for the City.
The City depends heavily on the groundwater from the Orange County Groundwater Basin each
year. The Proposed Project includes the development of a new service station with convenience
market at the same location of a similar use. Due to the similar size of the project, the supply of
local water needed to support the use is not substantial. Therefore, the production rates of local
wells would not be significantly impacted. The Proposed Project would also result in similar
amounts of impervious surfaces than what currently exist on the site. Therefore, the development
would not result in a significant deficit in aquifer volume or a lowering of the local groundwater
table. Less than significant impacts to groundwater supplies would occur.
i. Solid Waste Disposal:
Assembly Bill 939 requires local jurisdictions to divert at least 50 percent of their solid waste into
recycling. As of 2012, the City is diverting approximately 65 percent of its waste into recycling.
Waste from the City is currently being diverted to the Olinda Alpha Landfill in the City of Brea
and the Frank R. Bowerman Landfill in the City of Irvine. Combined, the two landfills accept
approximately 23,500 tons of waste per day, or over seven million tons annually. The Proposed
Project’s contribution of solid waste would be minimal and would not significantly impact
landfill operations. No significant impacts would occur.
j. Electricity: k. Natural Gas: l. Telephone Service: m. Television Service:
The project site is located in a built-out, urban setting. The site and the surrounding properties
are fully served by various utility service providers. There are no anticipated significant service
or system upgrades needed to serve the proposed commercial use. Any increase in demand for
these services would be considered to be less than significant.
** Authority: See Public Resources Code Section 21083 and Section 15332 of Title 14 of the California
Code of Regulations.
DETERMINATION:
I find that the answers given above are adequately supported by the information sources cited following
each question and that the effects of the Project are typical of those generated within that class of projects
(i.e., Class 32 – Infill Development Projects) characterized as in-fill development meeting the conditions
of Section 15332 of Title 14 of the California Code of Regulations. The Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the requirement for the
preparation of environmental documents under the California Environmental Quality Act.
Signature of City of Anaheim Representative Date
Nicholas Taylor, Associate Planner (714) 765-4323
Printed Name, Title Phone Number
City of Anaheim
COMMUNITY DEVELOPMENT
H:\REPORTS\Planning Commission\2016 PC Meetings\10-17-2016 PC Meeting\Item No. 4 DEV2013-00028A (MIS2013-00575) njt\ATTACHMENTS\ATT 5_Density
Bonus Memo.doc
To: Nick Taylor, Associate Planner
From: Andy Nogal, Senior Project Manager
Community and Economic Development Department
c: David See, Principal Planner Date: October 11, 2016
RE: 2726 West Lincoln Avenue 35-Unit For-sale Townhome Project
Per your request, the Community & Economic Development Department’s financial
consultant, Keyser Marston & Associates (KMA) reviewed the requested incentives
for the proposed 35-unit for-sale townhome development at 2726 West Lincoln
Avenue in August of 2016. KMA’s analysis determined that the requested incentives
by the Developer were warranted and must be provided to the project per State
Density Bonus Law.
ATTACHMENT NO. 5
G:\LTG7B27A3083-87 Ball Road Density Bonus Project.DOC
DENSITY BONUS MEMORANDUM WITH COMMUNITY DEVELOPMENT
AFFORDABLE FOR-SALE HOUSING DEVELOPMENT
Date of this Agreement: October 10, 2016
Developer Name: AMG & Associates
Developer Address: 16633 Ventura Blvd., Suite 1014, Encino, CA 91436
Project Address: 2726 W. Lincoln Avenue, Anaheim, CA 92805
Name of Development: Anaheim Townhomes
Number of Units: Total units 35__ Affordable units Moderate Income (10%)
Type of Development: Single Family Detached Condominiums/Townhomes XX
Affordable Program: Density Bonus XX
The City of Anaheim may grant a density bonus and other incentives (collectively referred to
as a “Density Bonus”) for an Affordable For-Sale Housing Development pursuant to Chapter
4, Section 65915 of the California Government Code and Title 18, Chapter 18.52 of the
Anaheim Municipal Code. Upon approval of a Density Bonus, the developer and/or owner
(hereinafter referred to as “Developer”) will be required to enter into a Density Bonus
Housing Agreement with the City of Anaheim of the Affordable For-Sale Housing
Development pursuant to the requirements listed Chapter 18.52.
This Density Bonus Memorandum with Community Development, executed by the Developer
and the Anaheim Community & Economic Development Department, shall serve as a
memorandum acknowledging the basic terms that will be included in the Density Bonus
Housing Agreement and shall be submitted to the Planning Department by the Developer at
the same time the Developer applies for the Density Bonus.
Prior to final map approval, or where a map is not being processed, prior to the issuance of
any grading or building permits for an Affordable For-Sale Housing Development, the
Developer shall execute and record against the parcel or parcels designated for the
construction of affordable units a Density Bonus Housing Agreement in a form acceptable to
the Planning Director and the City Attorney, and, if required by the Density Bonus Housing
Agreement, a declaration of covenants, conditions, and restrictions (“CC&R’s”) that sets forth
the terms and conditions of approval of said Density Bonus. The Density Bonus Housing
Agreement/CC&R’s shall be binding on the Developer and all future owners and successors
in interest thereof.
Developer acknowledges that the Density Bonus Housing Agreement/CC&R’s will include,
but not be limited to, the following terms and conditions:
1. That at least four (4) of the total number of units, i.e., 10% of 35, shall be Affordable
Housing Units. Affordable Housing Units shall consist of any unit for which an initial
sale is made to a Low or Moderate Income Householdat an Affordable Housing Cost.
Household income limits for Low Income Households (51%-80% of the area median
income for Orange County, adjusted for appropriate household size) are as
established by the California Department of Housing and Community Development
(HCD).
Household income limits for Moderate Income Households (81%-120% of the area
median income for Orange County, adjusted for appropriate household size) are as
G:\LTG7B27A3083-87 Ball Road Density Bonus Project.DOC
established by the California Department of Housing and Community Development
(HCD).
The Affordable Housing Cost for Low Income Households shall be calculated as the
product of 30% times 70% of the area median income for Orange County adjusted for
the household size appropriate for the unit (Health & Safety Code Section
50052.5(b)(4).
The Affordable Housing Cost for Moderate Income Households shall be calculated as
the product of 35% times 110% of the area median income for Orange County
adjusted for the household size appropriate for the unit (Health & Safety Code
Section 50052.5(b)(4).
"Household size appropriate for the unit" is two (2) persons per bedroom plus one (1)
person.
Qualification of prospective Low and Moderate Income households shall be based on
actual-household income limits.
2. That the affordable units shall be constructed concurrently with other units unless
both the City and the Developer agree within the Density Bonus Housing Agreement
to an alternative schedule for development.
3. That the affordable units shall be interspersed throughout the Affordable For-Sale
Housing Development.
4. That the City shall be afforded a first right of refusal in referring eligible buyers to
affordable units.
5. That the owner of the Affordable For-Sale Housing Development agrees to comply
with all reporting requirements under the Affordable Housing Development Program.
6. The Density Bonus Housing Agreement shall include the requirement for an equity
sharing agreement, whereby the initial buyer of each of the 4 Density Bonus units
shall enter into an agreement with the City requiring each such initial buyer to pay to
the City upon the initial resale of each Density Bonus unit the City's proportional
share of appreciation.
7. The Developer shall comply with the requirements of subparagraph (3) of paragraph
(c) of California Government Code Section 65915 to the satisfaction of the Planning
Director, meaning that the Developer may be required to replace rental dwelling units
occupied by lower or very low income households that are vacated or demolished as
a result of the proposed project by providing at least the same number of units of
equivalent size or type, or both, to be made available at affordable housing cost to,
and occupied by, persons and families in the same or lower income category in
accordance with the equity sharing agreement required for the initial occupants of all
for-sale units that qualified the Developer for the award of the density bonus, as
described in subparagraph (3) of paragraph (c) of California Government Code
Section 65915. Said provisions of Government Code Section 65915 describe
different scenarios and obligations for replacement housing depending upon the
circumstances of the rental housing on the subject property, the income category of
tenants either in occupancy at the time of application for a density bonus or tenants
previously residing in any dwelling units vacated or demolished within five years prior
to the application. The Developer shall comply with the requirements of subparagraph
(3) of paragraph (c) of California Government Code Section 65915 to the satisfaction
G:\LTG7B27A3083-87 Ball Road Density Bonus Project.DOC
of the Planning Director, meaning that the Developer may be required to replace
rental dwelling units occupied by lower or very low income households that are
vacated or demolished as a result of the proposed project by providing at least the
same number of units of equivalent size or type, or both, to be made available at
affordable housing cost to, and occupied by, persons and families in the same or
lower income category in accordance with the equity sharing agreement required for
the initial occupants of all for-sale units that qualified the Developer for the award of
the density bonus, as described in subparagraph (3) of paragraph (c) of California
Government Code Section 65915. Said provisions of Government Code Section
65915 describe different scenarios and obligations for replacement housing
depending upon the circumstances of the rental housing on the subject property, the
income category of tenants either in occupancy at the time of application for a density
bonus or tenants previously residing in any dwelling units vacated or demolished
within five years prior to the application. To enable the Planning Director to
determine whether replacement housing units will be required for inclusion in the
proposed development project, the Developer shall provide to the Planning Director
within __ days following approval by the Planning Commission of the resolution to
which this condition is attached such documentation as the Planning Director shall
determine necessary and appropriate to enable the Planning Director to determine
whether replacement housing will be required.
By signing and returning this Density Bonus Memorandum with Community Development, as
the Developer and owner of the Affordable For-Sale Housing Development, I concur and
agree to all of the terms and conditions set forth above and agree to execute a Density
Bonus Housing Agreement.
________________________________ _______________
Alexis Gevorgian, AMG Associates Date
Receipt Acknowledged:
By: __ ________________
Grace Stepter Date
Housing Services Manager
SHEET TITLE:221 E. GLENOAKS BLD SUITE # 230 GLENDALE CA 91207 FAX (818) 265 3881PHONE (818) 265 3880PROJECT TITLE:KAAREN KHOUDIKIAN ARCHITECTKAAREN KHOUDIKIAN ARCHITECT* ARCHITECTURE* PLANNING* ENGINEERING* C0NSTRUCTION MANAGEMENT* INTERIOR DESIGN KAAREN KHOUDIKIAN ARCHITECT*ARCHITECTURE*PLANNING*ENGINEERING*C0NSTRUCTION MANAGEMENT*INTERIOR DESIGN
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A-15ATTACHMENT NO. 6
SHEET TITLE:221 E. GLENOAKS BLD SUITE # 230 GLENDALE CA 91207 FAX (818) 265 3881PHONE (818) 265 3880PROJECT TITLE:KAAREN KHOUDIKIAN ARCHITECTKAAREN KHOUDIKIAN ARCHITECT* ARCHITECTURE* PLANNING* ENGINEERING* C0NSTRUCTION MANAGEMENT* INTERIOR DESIGN KAAREN KHOUDIKIAN ARCHITECT* ARCHITECTURE* PLANNING* ENGINEERING* C0NSTRUCTION MANAGEMENT* INTERIOR DESIGN
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ARCHITECT 221 EAST GLENAOKS BLVD SUITE # 230 GLENDALE CALIFORNIA 91203 UNITED STATES OF AMERICA
KAAREN KHOUDIKIAN ARCHITECT* ARCHITECTURE* PLANNING* ENGINEERING* C0NSTRUCTION MANAGEMENT* INTERIOR DESIGN
A-25
5
Subject Site – Looking South
Subject Site – Looking South
ATTACHMENT NO. 7
Subject Site – Driveway
Subject Site – Driveway
Subject Site – Interior
Subject Site – Interior
Property to the West
Property to the East
Property to the North
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.