Loading...
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 For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, October 13, 2016, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 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 The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 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 S . W E S T S T E. KATELLA AVE S . N I N T H S T S . S T A T E C O L L E G E B L V D S . A N A H E I M B L V D S . H A S T E R S T E. GENE AUTRY WAY E. ORANGEWOOD AVE 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 °0 50 100 Feet 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 E. KATELLA AVE S . N I N T H S T S . S T A T E C O L L E G E B L V D S . A N A H E I M B L V D S . H A S T E R S T E. GENE AUTRY WAY E. ORANGEWOOD AVE 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 °0 50 100 Feet 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 - 4 - PC2016-*** 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. - 5 - 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 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. - 6 - PC2016-*** 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 - 7 - PC2016-*** - 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 - 9 - PC2016-*** 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 - 10 - PC2016-*** 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 - 11 - PC2016-*** 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 - 12 - PC2016-*** 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 - 13 - PC2016-*** 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 - 14 - PC2016-*** 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 - 15 - PC2016-*** 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 - 16 - PC2016-*** 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 - 17 - PC2016-*** 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 - 18 - PC2016-*** 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 - 19 - PC2016-*** 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 - 20 - PC2016-*** 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 - 21 - PC2016-*** 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 - 22 - PC2016-*** 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 - 23 - PC2016-*** 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 - 24 - PC2016-*** 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 - 25 - PC2016-*** 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 fe e t me t e r s 2000 600 Pi c t u r e # 4 In t e r i o r M a l l Di s t a n c e : 8 3 6 ' Pi c t u r e # 1 I- 5 V i e w Di s t a n c e : 1 2 4 4 ' Pi c t u r e # 2 Di s n e y W a y Di s t a n c e : 1 5 0 ' Pi c t u r e # 3 Dis n e y W a y Dis t a n c e : 1 5 0 ' Picture #4 Interior Mall Distance: 836' Pi c t u r e # 5 In t e r i o r M a l l Di s t a n c e : 3 4 0 ' Pic t u r e # 6 Ka t e l a W a y Dis t a n c e : 1 4 6 ' An a h e i m H O B S i t e P i c t u r e s K e y AT T A C H M E N T 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 O O O O O O O O O O O O O O O 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 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 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 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 MOUNTAIN 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 N . 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 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 N . 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 KA A R E N K H O U D I K I A N A R C H I T E C T - 2 2 1 E A S T G L E N A O K S B L V D S U I T E # 2 3 0 G L E N D A L E C A L I F O R N I A 9 1 2 0 3 U N I T E D S T A T E S O F A M E R I C A K A A R E N K H O U D I K I A N A R C H I T E C T * A R C H I T E C T U R E * P L A N N I N G * E N G I N E E R I N G * C 0 N S T R U C T I O N M A N A G E M E N T * I N T E R I O R D E S I G N KAA R E N K H O U D I K I A N A R C H I T E C T - 2 2 1 E A S T G L E N A O K S B L V D S U I T E # 2 3 0 G L E N D A L E C A L I F O R N I A 9 1 2 0 3 U N I T E D S T A T E S O F A M E R I C A KA A R E N KH O U D I K I A N ARCHITECT - 221 EAST GLENAOKS BLVD SUITE # 230 GLENDALE CALIFORNIA 91203 UNITED STATES OF AMERICA K A A R E N K H O U D I K I A N A R C H I T E C T * A R C H I T E C T U R E * P L A N N I N G * E N G I N E E R I N G * C 0 N S T R U C T I O N M A N A G E M E N T * I N T E R I O R D E S I G N 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 KAA R E N K H O U D I K I A N A R C H I T E C T - 2 2 1 E A S T G L E N A O K S B L V D S U I T E # 2 3 0 G L E N D A L E C A L I F O R N I A 9 1 2 0 3 U N I T E D S T A T E S O F A M E R I C A KAAREN KHOUDIKIAN ARCHITECT* ARCHITECTURE* PLANNING* ENGINEERING* C0NSTRUCTION MANAGEMENT* INTERIOR DESIGN KA A R E N K H O U D I K I A N A R C H I T E C T - 2 2 1 E A S T G L E N A O K S B L V D S U I T E # 2 3 0 G L E N D A L E C A L I F O R N I A 9 1 2 0 3 U N I T E D S T A T E S O F A M E R I C A KAA R E N KH O U D I K I A N 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.