Loading...
PC 2017/01/23 City of Anaheim Planning Commission Agenda Monday, January 23, 2017 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California  Chairperson: Mitchell Caldwell  Chairperson 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, January 19, 2017, 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 01-23-2017 Page 2 of 6 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. 01-23-2017 Page 3 of 6 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 1525A VARIANCE NO. 2016-05082 (DEV2016-00057) Location: 944 South Nutwood Street and 1853 West Ball Road Request: The following land use entitlements are being requested: (1) an amendment to a conditional use permit to permit an off-site parking lot for an existing church; and (2) a variance to permit a reduced landscape setback along the northern property line abutting a residential property (Living Stream Ministry). 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 Structure) Categorical Exemption. Resolution No. ______ Project Planner: Lindsay Ortega lortega@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2016-05891 (DEV2016-00111) Location: 2922 East Belvedere Road Request: To permit and retain an existing transitional living facility within an existing single family home. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Lindsay Ortega lortega@anaheim.net 01-23-2017 Page 4 of 6 ITEM NO. 4 RECLASSIFICATION NO. 2016-00299 CONDITIONAL USE PERMIT NO. 2016-05866 TENTATIVE PARCEL MAP NO. 2016-192 (DEV2016-00025) Location: 203 North Euclid Street Request: The following land use entitlements are being requested: (1) a Reclassification of a portion of the subject property from the C-G (Commercial General) zone to the I (Industrial) zone; (2) a Conditional Use Permit to construct a new automotive washing facility; and (3) a Tentative Parcel Map to consolidate six parcels into one lot. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption. Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2016-05897 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00134 (DEV2016-00121) Location: 2034 West Lincoln Avenue Request: To upgrade an existing Type 20 (Off-Sale Beer and Wine) to a Type 21 (Off-Sale Alcoholic Beverages) Alcoholic Beverage Control (ABC) License and an associated Determination of Public Convenience or Necessity to permit the off-premises sales and consumption of alcoholic beverages at an existing convenience market (Family Beer Wine Water Market). Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net 01-23-2017 Page 5 of 6 ITEM NO. 6 VARIANCE NO. 2016-05083 TENTATIVE TRACT MAP NO. 18046 (DEV2016-00136) Location: 2726 West Lincoln Avenue Request: The following land use entitlements are being requested: (1) a variance to allow reduced building and landscape setbacks to construct a 34-unit condominium complex; and (2) a tentative tract map to establish a 1- lot, 34-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, February 6, 2017 at 5:00 p.m. 01-23-2017 Page 6 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:00 p.m. January 18, 2017 (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: JANUARY 23, 2017 SUBJECT: CONDITIONAL USE PERMIT NO. 1525A AND VARIANCE NO. 2016-05082 LOCATION: 1853 West Ball Road (Living Stream Ministry) APPLICANT/PROPERTY OWNER: The applicant and property owner is Living Stream Ministry, represented by John Pester. REQUEST: The applicant requests to amend a previously-approved conditional use permit to permit the use of an off-site parking lot for an existing church and a variance to allow a landscape setback adjacent to a residential zone boundary that is less than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures) and approving Conditional Use Permit No. 1525A and Variance No. 2016-05082. BACKGROUND: The 0.35-acre property is currently a vacant lot. The property is located in the “C-G” Commercial zone and the General Plan designates the property for Low-Medium Density Residential land uses. The surrounding land uses include single- family residential to the west (across Nutwood Street), multi-family residential to the north, the primary church use to the west, and a property with a vacant commercial building to the south. In 1975, the Planning Commission approved Conditional Use Permit No. 1525 to permit a church with 238 parking spaces at 1853 West Ball Road. The church has operated at this location for 40 years. In 2015, the church upgraded the interior facilities and parking lot to comply with American Disabilities Act (ADA) requirements, which resulted in a loss of nine parking spaces; therefore, a total of 229 parking spaces are currently provided on the site. There are no open code violations at this time. CONDITIONAL USE PERMIT NO. 1525A AND VARIANCE. 2016-05082 January 23, 2017 Page 2 of 4 PROPOSAL: The applicant is requesting to amend a conditional use permit to permit the expansion of a church parking lot onto an adjacent property with a variance to permit a reduced landscape setback along the northern property line adjacent to an apartment complex. The proposed location of the expanded church parking lot is located to the northwest of the existing church facility. The proposed parking lot would result in 39 additional parking spaces to accommodate the church. A 15-foot wide landscaped setback is proposed along Nutwood Street, as well as additional landscaping proposed throughout the parking lot, as required by the Zoning Code. Additionally, the applicant proposes to remove 80 linear feet of an existing block wall along the eastern property line of the subject property, and remove three existing parking spaces located on the church property, in order to create a seamless entry point from the expanded parking lot to the existing church parking lot. The applicant also proposes to reconstruct the existing driveway along Nutwood Street in order to better align the driveway with the drive aisle and to bring the driveway approach into compliance with the City of Anaheim Local Street Driveway Approach Standard. A manual accordion gate is proposed at the Nutwood Street driveway entrance. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The Zoning Code requires approval of a conditional use permit to amend the original approval for CUP 1525 when the modifications include significant changes to the site plan. The purpose of the conditional use permit amendment is to ensure compatibility with the surrounding uses. The proposed expansion to the existing parking lot will not intensify the existing church facility, nor will it adversely affect the adjoining land uses. The church was approved in 1975 with 238 parking spaces. Current code requires 256 parking spaces for the church; therefore, the addition of the 39 parking spaces (for a total of 268 spaces) would bring the parking into compliance with Code. Additionally, there have been no reported code enforcement complaints regarding parking concerns around the church. Staff believes that the proposed use is compatible with the CONDITIONAL USE PERMIT NO. 1525A AND VARIANCE. 2016-05082 January 23, 2017 Page 3 of 4 residential and commercial uses in the surrounding area. The traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding street because no expansion to the church operations are being proposed. Landscape Setback Variance: Before the Planning Commission may approve the landscape setback variance, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; 2. That, because of special circumstances shown in subsection .0201, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The applicant is requesting a variance to permit the development of the property without a landscape setback along the northern property line separating the church parking lot from a residential zone boundary. The Zoning Code states that properties located within the C-G zone that abut any residential zone boundary must provide a minimum 10-foot wide landscaped setback between the zones. However, C-G zoned properties abutting any alley do not require a setback. In this instance, the subject property abuts the “RM-4” (Multiple-Family Residential) zone; however, this property is developed with an approximately 24-foot wide private driveway and carports along the boundary line that abuts the church parking lot. Additionally, there is an existing 6-foot tall block wall separating the two properties. The intent of the 10-foot landscape setback is to reduce the impact of an institutional use on the residential property; however, because the subject property would be used as a parking lot, and an existing block wall and private driveway and carports exist, staff believes that the proposed project would not negatively impact the adjacent residential uses. A variance recognizes that there may be individual properties that, because of size, irregular shape, or unusual topography, cannot be reasonably developed if all the development standards for the zone are strictly applied. The small size of the lot, as compared to all other C-G zoned properties in the vicinity, makes it difficult to meet all of the development standards (including the loss of 12 parking spaces along the northern property line if the 10-foot wide planter were provided). For example, the subject property has a width of 102 feet, a depth of 150 feet, and a lot area of 0.35 acres, which makes the subject property smaller and narrower than the other lots in the immediate vicinity, which restricts the development opportunities on the property. For comparison purposes, the C-G zoned lot to the south has width of 125 feet, a depth of 150 feet, and a lot area of 0.43 acres. The subject property also abuts a private driveway and carports and the closest apartment buildings are located approximately 46 feet from the property line; therefore, the reduced setback being proposed would not have an adverse affect on this residential use. The applicant is proposing to fully landscape the parking lot and front landscape setback which would provide significantly more landscaping than what exists on the site currently. CONDITIONAL USE PERMIT NO. 1525A AND VARIANCE. 2016-05082 January 23, 2017 Page 4 of 4 Environmental Impact Analysis: 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., Class 11 – Accessory Structures) which consist of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONCLUSION: The proposed parking lot is compatible with the surrounding residential and commercial uses because the church does not propose to change or intensify the use of the existing church facility. Therefore, staff believes the expansion of the existing parking lot is a suitable land use for this location. In addition, the small size of the lot, as compared to all other C-G zoned properties in the vicinity, makes it difficult to meet all of the development standards in this zone; therefore, staff supports the request for a reduced landscaped setback. Staff recommends approval of the project, subject to the recommended conditions of approval. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Conditional Use Permit Resolution 2. Original Conditional Use Permit Resolution 3. Site Plans 4. Letter of Request 5. Site Photographs C-GRELIGIOUS USE RM-4NORMANDY PARK APTS88 DU RM-4APTS8 DU RM-4APTS16 DU RM-4APTS8 DU RM-4APTS15 DU RM-4DUPLEX RM-4TRIDENT ARMS APTS12 DU C-GVACANT RS-2SINGLE FAMILY RESIDENCE RM-4APTS16 DU RM-4APTS16 DU RS-2SINGLEFAMILYRESIDENCE RM-4APTS21 DU RM-4APTS16 DU RM-4APTS15 DU RM-4APTS6 DU RM-4THE CORINTHIANAPARTMENTS85 DU TTRIDENT ADULT CENTER RM-4DUPLEX RM-4APTS.9 DU C-GVACANT RM-4APTS16 DU C-GRELIGIOUSUSE RM-4NUTWOODTREE APTS28 DU RS-2SINGLE FAMILY RESIDENCE W BALL RD S N U T W O O D S T W BEACON AVE S E M E R A L D S T S PARK CIR S E C H O P L W. BALL RD W. BROADWAY S . E U C L I D S T S . W A L N U T S T S . B R O O K H U R S T S T W. CERRITOS AVE S . G I L B E R T S T 944 South Nutwood Street and 1853 West Ball Road DEV No. 2016-00057 Subject Property APN: 128-291-39128-291-38 °0 50 100 Feet Aerial Photo:June 2015 W BALL RD S N U T W O O D S T W BEACON AVE S E M E R A L D S T S PARK CIR S E C H O P L W. BALL RD W. BROADWAY S . E U C L I D S T S . W A L N U T S T S . B R O O K H U R S T S T W. CERRITOS AVE S . G I L B E R T S T 944 South Nutwood Street and 1853 West Ball Road DEV No. 2016-00057 Subject Property APN: 128-291-39128-291-38 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2017 -*** RESOLUTION NO. PC2017 -*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 1525A AND VARIANCE NO. 2016-05082 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00057) (1853 WEST BALL ROAD AND 944 SOUTH NUTWOOD STREET) WHEREAS, by the adoption of its Resolution No. PC75-66 on March 31, 1975, and subject to certain conditions of approval (herein referred to as the “Original Conditions of Approval”), the Planning Commission of the City of Anaheim (the "Planning Commission") approved Conditional Use Permit 1525 (the “Original CUP”), which permitted the construction of a church facility on that certain real property located at 1853 West Ball Road in the City of Anaheim (the "Church Parcel"). The Church Parcel and the “Adjacent Parking Parcel” (as defined below) are generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, Conditional Use Permit No. 1525A is proposed in conjunction with proposed Variance No. 2016-05082 to permit an off-site parking lot with a reduced landscaped setback on that certain real property located adjacent to the Church Parcel and commonly known as 944 South Nutwood Street (hereafter referred to as the “Adjacent Parking Parcel”) to accommodate additional parking for the church facility. Conditional Use Permit No. 1525A and Variance No. 2016-05082 shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the Church Parcel is approximately 2.5 acres in size and is currently occupied with a church facility. The Adjacent Parking Parcel is approximately 0.35 acres in size and is currently vacant. Both parcels are located in the “C-G” General Commercial Zone and are subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the “Code”). The Anaheim General Plan designates both parcels for Residential Low-Medium Density land uses; and WHEREAS, the Planning Commission did hold a public hearing on January 23, 2017 at 5:00 p.m. 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 Code to hear and consider evidence for and against proposed Conditional Use Permit No. 1525A and Variance No. 2016-05082 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 the 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 "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2017 -*** WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 11 – Accessory Structures) which consist of the construction, or placement of minor structures accessory to existing commercial, industrial, or institutional facilities. Section 15311 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being small parking lots. Since the Proposed Project consists of the expansion of the existing parking lot to an adjacent off-site vacant property, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 1525A, does find and determine the following: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code as a substantive change to the approved site plan is proposed is permitted under Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the 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 in that the new parking lot expansion will be accessory to an existing church facility and the existing 6 foot block wall along the northern property will remain; therefore, no visual change is proposed. The church does not propose to expand or modify the current church operations; therefore, no impact to the surrounding area will occur as a result of the expansion of the existing church parking lot. 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 in that the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular are, in that the design proposed is adequate to ensure a seamless extension of the existing parking lot on the adjacent property and therefore it is not anticipated to adversely affect development of the area. 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 because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding street; 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 in that that the church does not propose to increase the intensity of the existing use, but rather provide additional parking to meet the existing demand. - 3 - PC2017 -*** WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for Variance No. 2016-05082 for reduced landscape setbacks should be approved for the following reasons: SECTION NO. 18.08.060.010.0101 Minimum landscaped setback. (10 feet required; 0 feet proposed) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the Proposed Project. The subject property has a width of 102 feet, a depth of 150 feet, and a lot area of 0.35 acres, which makes the subject property narrower and smaller than the other C-G zoned lots in the immediate vicinity, which restricts development opportunities on the property. In addition, the applicant proposes to fully landscape the parking lot and front landscape setback which would provide significantly more landscaping than what exists on the site currently. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity because this lot size is narrower and smaller than other surrounding C-G zoned properties in the vicinity. This makes it difficult to meet all of the development standards while providing adequate setbacks for the parking lot expansion. Compliance with the required minimum landscape setback along the northern property line would significantly reduce the number of potential parking spaces added. As proposed, the project would include new a parking lot and landscape planters with clinging vines along the existing 6-foot high block wall along the northern and southern property lines. 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 the Planning Commission does hereby approve Conditional Use Permit No. 1525A and Variance No. 2016-05082 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (the “Revised Conditions of Approval”); and BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution and the effective date of the resolution approving Conditional Use Permit No. 1525A and Variance No. 2016-05082, now pending, the Revised Conditions of Approval hereby amend the Original Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP, as amended by Conditional Use Permit No. 1525A, shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 1525A; and - 4 - PC2017 -*** BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under the Original CUP, as amended by Conditional Use Permit No. 1525A, are hereby found to be a necessary prerequisite to the proposed use of the Church Parcel and the Adjacent Parking Parcel 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 associated with Conditional Use Permit No. 1525A and Variance No. 2016-05082 may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval associated with Conditional Use Permit No. 1525A and Variance No. 2016-05082 may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017 -*** 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 January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2017 -*** - 7 - PC2017 -*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 1525A AND VARIANCE NO. 2016-05082 (DEV2016-00057) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A BUILDING/GRADING PERMIT 1 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 2 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 3 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 4 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 Department, Water Engineering PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 5 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 OPERATIONAL CONDITIONS 6 The driveway gate shall remain open during business hours. Public Works Department, Traffic Engineering - 8 - PC2017 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 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 “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 8 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 9 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning and Building Department. Planning and Building Department, Planning Services Division ATTACHMENT NO. 2 ATTACHMENT NO. 3 LETTER OF REQUEST To Whom It May Concern. The property located at 944 S. Nutwood St. was purchased by Living Stream Ministry to convert a demolished neighborhood food mart in a state of gross disrepair into an area for additional parking associated with the assembly uses at 1853 W. Ball Road. No building structures are planned for the site and all parking and landscaping regulations have been addressed. The effective utilization of the space is contingent upon obtaining a variance to the residential setback requirement between the C-G and the adjacent residentially zoned site. The lot will be accessible from both Nutwood St. and from a rear entrance passageway to the existing lot at 1853 W. Ball Road. The proposed gate on the Nutwood entrance will be closed except during regularly scheduled assembly uses. John Pester, Agent ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 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: JANUARY 23, 2017 SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05891 LOCATION: 2922 East Belvedere Road (Grandma’s House of Hope) APPLICANT/PROPERTY OWNER: The applicant and agent is Je’net Kreitner and the property owners are Paul and Kathleen Kellehar. REQUEST: The applicant is requesting approval to permit and retain a transitional housing facility within an existing single family home. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2016-05891. BACKGROUND: This 0.19-acre property is located in the “RS-2” Single-Family Residential zone and is designated for Low Density Residential land uses by the General Plan. The property is currently developed with a two story single-family residence and attached garage. Surrounding land uses include single family residential uses on all four sides. The facility, operated by a non-profit organization known as Grandma’s House of Hope, was established at this location in July of 2016. The applicant submitted a request for a conditional use permit in October of 2016. The applicant operates two similar facilities in Anaheim and two facilities in Garden Grove. PROPOSAL: The applicant requests approval of a conditional use permit to permit and retain an existing transitional housing facility for up to 16 residents. The facility is staffed by one house manager that is on-site approximately 40 hours per week and case managers/counselors divide their time among several facilities. The project site is developed with a two story, single family residence with six bedrooms, three bathrooms, a kitchen, living room, dining room, two car attached garage, and patio. CONDITIONAL USE PERMIT NO. 2016-05891 January 23, 2017 Page 2 of 4 According to the applicant, the transitional housing facility is intended to provide a safe and stable environment for older women, who, due to illness, loss of a supporting spouse, or other circumstances, have not been able to obtain permanent housing and are vulnerable to experiencing homelessness or at risk of becoming homeless. Men are not accommodated at this facility. Residents who live at the facility are provided with various resources including group and individual counseling sessions, health service referrals, workforce development programs and wardrobe assistance. The goal of providing these services is to help residents develop the skills needed to establish and maintain healthy relationships, find employment and live independently. The typical length of stay for clients will vary, but the average anticipated stay is six to twelve months. The facility is staffed by a house manager who is on-site approximately forty hours per week and case managers and counselors who divide their time between this and the operator’s other facilities. Staff is on-site seven days a week from 9:00 a.m. to 5:00 p.m. In addition to the house manager, there may be up to two case managers visiting the house at the same time. Nighttime supervision is provided by 1-2 clients/residents who have completed a leadership program and have been identified by staff as having the maturity, skills and trustworthiness to effectively supervise the facility during the evening hours. Professional staff are on-call 24 hours a day and available to assist the house leaders when needed. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. CONDITIONAL USE PERMIT NO. 2016-05891 January 23, 2017 Page 3 of 4 Transitional housing facilities are allowed in the RS-2 zone subject to approval of a conditional use permit to ensure compatibility with the surrounding area. This facility does not administer medications but does provide food, shelter, job search assistance and computer training for women who may be homeless or those who need refuge from physical threats. In addition to this facility, this organization also has a shelter on Lemon Street which has been operating since 2011 and a shelter on North Street which has been operating since 2015. Code requires four parking spaces (two located within the garage and two in tandem to the garage) for single family homes with six bedrooms or less. Unlike similar facilities operated by this organization, the applicant does not propose to use the garage space for storage; therefore, the garage spaces would be available for use as parking. The applicant has indicated that the provided parking spaces would be used by the on-site manager, visitation by counselors, and others associated with the operation of the facility. A condition of approval is included in the draft resolution which requires residents and employees to maintain no more than the allotted four parking spaces for personal vehicles on the premises, or while residing at the facility. No parking problems have been reported to Code Enforcement at any of the three locations in the City. Based on the information provided by the applicant and the programs proposed by the applicant, staff believes that the transitional housing facility can operate without creating an undue burden on the surrounding neighborhood. Staff has included the following conditions of approval in the draft resolution to ensure the transitional housing facility operates in a manner that is not detrimental to the surrounding area:  This transitional housing facility shall be limited to a maximum of 16 residents. The facility shall not provide on-site medical services but shall be permitted to provide both group and individual counseling.  Residents and employees shall not be permitted to maintain more than the allotted four parking spaces for personal vehicles on the premises or while residing at the facility.  No signs shall be visible from the public right-of-way identifying this use as a transitional housing facility.  The applicant shall provide an on-site manager or appointed responsible party at all times. This person shall be responsible for responding to any concerns regarding the operations of the facility. Community Input (the following narrative related to public outreach was provided by the applicant): the applicant hosted one outreach meeting on June 25, 2016 to inform neighbors of the application for the transitional housing facility. On June 2, several Grandmas’ House of Hope employees knocked on doors within four blocks of the subject property to invite neighbors to the Open House. A flier was left at the door or in the mailbox if no one was home. The applicant reported that they received generally positive feedback from those neighbors that were home, but received some resistance from two neighbors located approximately a block away from the subject property. On June 18, the Executive Director walked door-to-door to all homes within four blocks of the subject property to remind neighbors of the Open House event, as well as answer questions regarding the program. She reported that she received positive feedback and about 1 of every 4 homes answered their doors. The day of the open house six neighbors attended and the applicant reported that all interactions were supportive of the program. CONDITIONAL USE PERMIT NO. 2016-05891 January 23, 2017 Page 4 of 4 Environmental Impact Analysis: 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., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONCLUSION: The proposed project would provide a transitional housing environment for senior women while they search for employment and training for a transitional period. Based upon staff’s research of the operational history of other transitional housing facilities, and the applicant’s proposal and letter of operation, staff recommends approval of this request to establish a transitional housing facility for up to 16 residents. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Conditional Use Permit Resolution 2. Letter of Operation/Letter of Parking Justification 3. Site and Floor Plans 4. Site Photos RS-2S.F.R. RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE S K I N G S L E Y S T E ASBURY PL S G L E N D O N S T S T R E V O R S T E BELVEDERE RD S Q U E E N S B U R Y S T E . L A PA L M A A V E E. LINCOLN AVE E. SOUTH ST S . R I O V I S T A S T N . S U N K I S T S T N . R I O V I S T A S T 2922 East Belvedere Road DEV No. 2016-00111 Subject Property APN: 268-053-01 °0 50 100 Feet Aerial Photo:June 2015 S K I N G S L E Y S T E ASBURY PL S G L E N D O N S T S T R E V O R S T E BELVEDERE RD S Q U E E N S B U R Y S T E . L A PA L M A A V E E. LINCOLN AVE E. SOUTH ST S . R I O V I S T A S T N . S U N K I S T S T N . R I O V I S T A S T 2922 East Belvedere Road DEV No. 2016-00111 Subject Property APN: 268-053-01 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 -1- PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND ADOPTING CONDITIONAL USE PERMIT NO. 2016-05891 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00111) (2922 EAST BELVEDERE ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2016-05891 to permit and retain a transitional housing facility within an existing single family home for that real property located at 2922 East Belvedere Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, approximately 0.19 acre in size and is currently developed with a single-family family home with an attached two-car garage. The Property is located within the "R-L" Residential-Low Density land use designation of the Anaheim General Plan and in the "RS-2" Single Family Residential Zone and is subject to the zoning and development standards contained in Chapter 18.04 (Single-Family Residential Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2017 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2016-05891, 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 that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 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- PC2017-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to Conditional Use Permit No. 2016- 05891, does find and determine the following: 1. The request for a conditional use permit for a transitional housing facility is an allowable use authorized within the "RS-2" Single Family Residential zone, subject to a conditional use permit; and 2. The proposed establishment of a transitional housing facility complies with all of the provisions of the "RS-2" Single Family Residential zone and, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the services provided are for the residents only and the facility will operate seamlessly within the residential living environment; and 3. The size and shape of the site for the transitional housing facility is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area in that the minimum number of required parking spaces will be provided on-site and the use is consistent with the Single Family Residential zone. Therefore, there are no anticipated burdens on streets and highways; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim since the proposed use is conditionally permitted and with the conditions imposed, the proposed transitional housing use will be compatible with surrounding single family residential uses. 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, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2016-05891, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2016-05891 is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the -3- PC2017-*** modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2017-*** 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 January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2017-*** -6- PC2017-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2016-05891 (DEV2016-00111) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 This transitional housing facility shall be limited to a maximum of 16 residents. The facility shall not provide on-site medical services but shall be permitted to provide both group and individual counseling. Planning and Building Department, Code Enforcement Division 2 No signs shall be visible from the public right-of-way identifying this use as a transitional housing facility. Planning and Building Department, Code Enforcement Division 3 Residents and employees shall not be permitted to maintain more than the allotted four parking spaces for personal vehicles on the premises or while residing at the facility. Planning and Building Department, Code Enforcement Division 4 The applicant shall provide an on-site manager or appointed responsible party at all times. This person shall be responsible for responding to any concerns regarding the operations of the facility. Planning and Building Department, Code Enforcement Division 5 Within 30 days of the date of this resolution, the name and telephone number of the on-site manager shall be provided to the Code Enforcement Division of the Planning Department. The owner can contact the Code Enforcement Division at (714) 765- 5158 to coordinate this contact information. Any staffing changes to this position shall be reported to the Code Enforcement Division within 30 days. Planning and Building Department, Code Enforcement Division 6 The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division -7- PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department 8 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 9 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department 10 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department GHH Project Description/Letter of Justification Grandma's House of Hope, a 501.3(c) non-profit corporation, is requesting approval of a Conditional Use Permit to operate a Transitional Living Facility at a single family home it recently leased at 2922 East Belvedere Road. The project site is developed with a single- family residence with six bedrooms, three bathrooms, kitchen, living room, dining room and patio. The facility would provide a safe and stable environment for older women, who, due to illness, loss of a supporting spouse or other circumstance, have not been able to obtain permanent housing. Clients would be provided with case management, group and indi- vidual counseling, health service referrals, access to the organizations workforce devel- opment program and wardrobe assistance. The applicant is requesting a maximum of 16 residents to live at this facility at one time. The typical stay for clients of the facility will vary but the average anticipated stay would be 6-12 months, with the goal of developing the skills needed to establish and maintain healthy relationships, find employment and/or appropriate support, and live independently. The facility is staffed by one House Manager who is on-site approximately forty hours per week and case managers and counselors who divide their time between several fa- cilities. Staff are on-site seven days a week generally from 9:00 am to 5:00 pm, but these times can vary in response to early morning or evening classes and meetings. Nighttime supervision is provided by 1-2 client/residents who have completed a leader- ship program and have been identified by staff as having the maturity, skills and trust- worthiness to effectively supervise the facility. Professional staff are on-calI and availa- ble to assist the house leaders when needed. In addition to the house manager, there are case managers who visit the house throughout the week to assist clients with coor- dination of medical care, obtaining financial assistance and providing individual and group counseling. In addition to the House Manager, there may be up to two case man- agers visiting the house at the same time. The Municipal Code does not contain parking standards for Transitional Living Facilities. Section 18.42.040 Parking Requirements, Dwellings, Single Family Detached, requires four parking spaces for a residence with six or fewer bedrooms. The existing residence has six bedrooms and therefore requires four parking spaces. Unlike other facilities op- erated by Grandma’s House of Hope, the garage space at this location will be main- tained clear of storage and used to park two cars. Two more cars may be parked in the driveway, meeting both the needs of the employees and the code requirements. Grandma’s House of Hope has a proven track record of operating transitional housing facilities in the City of Anaheim and is excited to be opening this facility serving senior women and women with serious or chronic health issues. Earlier this summer, while ATTACHMENT NO. 2 volunteers were cleaning and painting the house, neighbors came to ask about our pro- gram and how we would be using the house. In response we held an open house that was attended by residents on our block and had positive feedback from many of our neighbors, including our immediately adjacent neighbors. A T T A C H M E N T N O . 3 A T T A C H M E N T N O . 4 1 Elly Morris From:Lindsay Ortega Sent:Monday, January 23, 2017 12:00 PM To:Elly Morris Subject:FW: 2922 Belvedere- Stop This!!! See below. From: Mary Stambaugh <mpstambaugh@yahoo.com> Date: January 23, 2017 at 12:00:01 AM PST To: <sfaessel@anaheim.net> Subject: 2922 Belvedere- Stop This!!! We would like to object to any "transitional living facility" in our neighborhood. 1. Transitional facilities are not very successful. Therefore we will get repeats!! 2. These transitional people will have free reign to canvas our neighborhood. Basically, scoping out who is home when; what is there to steal... safety issues for our neighborhood!! 3. The "home" is too close to Rio Vista Park and school. Safety issues for our kids, but also for the many women walking in the neighborhood. Surprisingly, we have a lot of women and couples walking at all hours of the day and night for exercise. 4. Our neighborhood has already been "sacrificed" for the transient homeless shelter. Why should we have to be targeted for another crime & safety concern? 5. This will lower our property values as it brings more criminals into the area. 6. The riverbed is already being sacrificed by the uncontrolled homeless population. Do we have to have more people who don't belong & not paying property taxes (they have no stake in the neighborhood). So we already will have transients to the north; homeless to the south & east; homeless wandering the neighborhood; and honestly we don't want a criminal influence in the center. We have enough issues without adding one more. As our councilman, please, don't sacrifice our neighborhood for unwelcome criminal influences. We have enough problems!!! You are dooming us to lower property values; increase criminal activity; risking our safety; risking the safety of our kids... Stop this madness!! Thanks, Bruce & Mary Stambaugh NEW CORRESPONDENCE ITEM NO. 3 2 118 S Trevor St Sent from my iPhone  “Conditional Use Permit” # 2016‐05891(DEV2016‐00111) Charles Darquea/ Direct Neighbor    Dear Ms. Lindsey Ortega, Mr. Steven Saessel, and The City of Anaheim Commission,  I’m writing to address the negative impact 2922 E. Belvedere transitional housing “non‐profit” project known  “Grandma’s House of Hope” has implemented on our quiet neighborhood for the safety of our Anaheim residential  dwellings.  Currently, this transitional shelter has been operating well over a year without a “Conditional Use Permit”  unknown to all who reside within its proximity. This haven has proven its failure to adhere to the requested  guidelines within the working permit demonstrating (3) written police reports and (4) service calls, demonstrating  its flavor of what our neighborhood must endure for the future.  After being broadsided yesterday with a phone call from our neighbors, informing us of a meeting set by the City of  Anaheim for Monday evening from the planning & building commission, made this letter mandatory for the  importance which needs to be addressed, expressing our disbelief of how decisions were made on our behalf  regarding the safety and or unknowns for our neighborhood.  I’m truly grateful that this hearing was brought to my attention, since there was no notification sent to our  residence in San Jose, Calif. Our residence 2928 E. Belvedere is directly affected by Kathleen and James Keller. The  Keller’s leased their home to this shelter known as “Grandma’s House of Hope.” This decision was created with the  Anaheim Planning Commission, disregarding the serious repercussions and concern. A decision made for us which  will impact our neighborhood and surrounding homes for years to come. This decision was implemented without  our knowledge and within the last year has exposed our lives to police activity from this “Half Way House” or  “Homeless Shelter for in/out Rehabilitation”.  We currently have two young children living in our home in Anaheim with their mother who is deeply concerned  how the City of Anaheim could have placed this disruption on our street. The idea of placing home owners in  harm’s way by exposing the street with this “environmental impact” throughout this last year while applying for  their “Conditional Use Permit” # 2016‐05891(DEV2016‐00111), demonstrates the “Grandma’s House of Hope” is  false and deceptive , especially since its highly impossible in nature for grandmothers to behave and or burden a  neighborhood with such proven negative impacts on our private, residential dwellings. The “Rebel House” sounds  more applicable for this facility, by the past years deep rooted source of problems receiving (3) written police  reports and (4) service calls. The failure to secure its own inhabitants, let alone the community which surrounds  this house, further demonstrates our concerns which yet has not been discussed within the city planning  commission and seems to be placing these behavioral patterns as simple afterthoughts.   The fact remains, we are currently faced with a safety issue on our streets. This last year our residential dwellings  have experienced increase in theft; automobile break‐ins; (2) assaults at the park and numerous petty theft  incidences.         NEW CORRESPONDENCE ITEM NO. 3  Part 2) “Conditional Use Permit” # 2016‐05891(DEV2016‐00111)/ Reference‐ Darquea ‐Neighbor Resident  Most importantly, we still have no secured answers to our questions remaining from the City of Anaheim nor from  the Planning Commission as to:  1)Who is supervising the vetting from Jenett Kreitener / Non‐Profit Organizer of “Grandma’s House of Hope”? The  city of Anaheim nor the Planning Commission is involved with this decision!  2)The responsibility for inconsistency of background checks on potential inhabitants due to the (6) month turn  around?  3)Who is monitoring the housing safety of re‐peat offenders and former parolees without a parole officer on site?  4)Who is monitoring the housing safety of narcotic & opioid users, and crack dependencies?   5)Who is monitoring the housing safety of incarcerated individuals?   6)Who is monitoring the continuous violent disruptions which have been present in the past?  7) Who is inspecting the property for non‐permitted alterations to the interior?  As property owners of 2928 E. Belvedere, we purchased this house for our mother & father‐ in‐ law after the loss  of their own home. Sixteen years of quiet, bedroom community living; children playing freely on our streets and  minimal traffic is now being subjected from the Keller’s with a direct, negative impact on our lives.     Lastly., we should have been consulted to the potential impact this type of business activity will infiltrate and  implement on all of us as existing neighbors/neighborhood: parks and schools. Our homes will be financially  affected by 17‐19% loss in value due to the repercussions from the comings and goings of unknown transients,  vehicles and temporary tenants who are jeopardizing our safety and directly causing great duress since having to  disclose in all real‐estate agreements that there is a halfway house in our neighborhood.  Sixteen years ago, it was mandatory for us to provide a safe and secure neighborhood for us to retire in. The City of  Anaheim had the most income revenue from all cities we looked at due to Disney Land; Angel Stadium; Convention  Center and Concert Arenas just to name a few. This was our dream to retire in Anaheim and raise foster children in  this home since not being blessed with children of our own. Due to this impact we are faced with today, we will be  denied this dream to raise children in this house. The neighborhood for fostering children will be in question for  their safety and wellbeing.   Considering our concerns mentioned above, this permit in question has threatened our quality of life and our loss  for the ability to qualify as foster parents.   Please reconsider this permit and disqualify the property as a location for this nonprofit Sober House.  Kind Regards,  Patricia and Charles Darquea                                                                                                                                                       3733 Macbeth Drive                                                                                                                                                                             San Jose Ca 95127                                                                                                                                 PatriciaDarquea@gmail.com  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: JANUARY 23, 2017 SUBJECT: RECLASSIFICATION NO. 2016-00299 CONDITIONAL USE PERMIT NO. 2016-05866 AND TENTATIVE PARCEL MAP NO. 2016-192 LOCATION: 203 North Euclid Street APPLICANT/PROPERTY OWNER: The agent is Glenn Rinier, representing the applicant, Tahir Salim of OC Development. The property owner is Lorico LLC. REQUEST: The applicant requests approval of the following: 1) A Reclassification, or rezoning, of a portion of the subject property from the C-G (Commercial General) zone to the I (Industrial) zone; 2) A Conditional Use Permit to construct a new car wash facility; and 3) A Tentative Parcel Map to consolidate six parcels into one lot. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolutions, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (CEQA) under Class 3 (New Construction) of the State CEQA Guidelines, and approving Reclassification No. 2016-00299, Conditional Use Permit No. 2016-05866 and Tentative Parcel Map No. 2016-192. BACKGROUND: The approximately 0.9-acre vacant site is located at the northwest corner of Euclid Street and Lincoln Avenue with street frontages along Euclid Street, Lincoln Avenue and Euclid Way. The project site currently has an Industrial General Plan land use designation and two zoning designations. The north portion of the site is located in the “I” (Industrial) zone while the southern portion of the site is in the “C-G” (General Commercial) zone. Surrounding land uses include industrial uses to the west and north (across Euclid Way), a Target retail store to the south (across Lincoln Avenue), and an automotive repair facility and retail to the east (across Euclid Street). RECLASSIFICATION NO. 2016-00299, CONDITIONAL USE PERMIT NO. 2016-05866 AND TENTATIVE PARCEL MAP NO. 2016-192 January 23, 2017 Page 2 of 6 PROPOSAL: The applicant requests the reclassification of the southerly two parcels of the six lot project site from the C-G to the I zone in order to have the entire project site within the Industrial zoning designation. The underlying General Plan land use designation is Industrial. The project also involves the consolidation of six parcels into one for the purpose of constructing a new self-service express car wash facility. The consolidation of the lots would occur through the approval of a tentative parcel map and eventual recordation of a Parcel Map. The proposed carwash facility consists of a 2,604 square foot car wash building and covered parking areas for the vacuuming and drying of vehicles. Employees would be on-site during operating hours but would not perform any washing, drying or detailing services. The project would provide a total of 20 on-site parking spaces. Eighteen of the 20 required parking stalls would also serve as vacuum/drying stalls for customers. In order to count the vacuum equipped stalls as parking spaces, staff has included a condition of approval that these stalls not be limited to customers vacuuming their cars. The proposed number of spaces complies with the Zoning Code requirements. Attachment 1 provides a development summary demonstrating the project’s compliance with Zoning Code requirements. RECLASSIFICATION NO. 2016-00299, CONDITIONAL USE PERMIT NO. 2016-05866 AND TENTATIVE PARCEL MAP NO. 2016-192 January 23, 2017 Page 3 of 6 The proposed carwash facility would comply with all Industrial development standards specified in the Anaheim Zoning Code including building height, building and landscape setbacks, floor area ratio and parking. An on-site queuing aisle with two pay station pedestals would provide stacking for up to 14 vehicles. A total of 18 self-serve vacuum stations are also proposed with canopy structures that would accommodate the vacuum equipment and provide shade. These structures would be constructed of metal with a fabric canopy. The car wash facility would be entirely enclosed with all mechanical equipment (wash machinery and blower) located within the new building. The building’s contemporary architectural design includes plaster finishes, standing seam metal roofing and metal cornice accents. The building is oriented with openings on the north and south facing Lincoln Avenue and Euclid Way. The proposed hours of operation are from 8:00 a.m. to 8:00 p.m. seven days a week. Up to three employees per shift are proposed, depending on demand. A detailed description of the proposed hours and number of employees is provided in the applicant’s Letter of Operation (Attachment 5). All vehicular access is taken from Euclid Way (a local industrial street) via two driveways, one of which (south driveway) would be restricted to inbound vehicles only. There is no vehicular access to the site provided from either Euclid Street or Lincoln Avenue. ANALYSIS: Following is staff’s analysis and recommendation for each requested action: Reclassification: A reclassification or rezoning of the southern two parcels of the project site to the “I” Industrial zone is being requested in order to develop the entire site with a consistent zoning designation. The proposed reclassification would bring the entire site into conformance with the property’s Industrial General Plan land use designation. RECLASSIFICATION NO. 2016-00299, CONDITIONAL USE PERMIT NO. 2016-05866 AND TENTATIVE PARCEL MAP NO. 2016-192 January 23, 2017 Page 4 of 6 EXISTING ZONING PROPOSED ZONING As described below, the proposed reclassification supports several General Plan policies intended to provide appropriate land uses along major corridors; 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: Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. Goal 4.1: Promote development that integrates with and minimizes impacts to surrounding land uses. 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: Automotive washing facilities are permitted subject to the approval of a conditional use permit in the Industrial zone. The purpose of the conditional use permit is to ensure proper design and function of the car wash facility, and also ensure that the vehicular circulation and car wash operations do not impact surrounding properties. Staff carefully considered the potential impacts of the proposed car wash improvements on surrounding properties, including circulation, noise, vehicle stacking and parking. There are no residential uses within 500 feet of the project site and no noise impacts resulting from the car wash or vacuum equipment are anticipated. The site is located on the corner of two major arterial highways as well as a local street with existing industrial uses across Euclid Way. The car wash building is oriented with both openings facing streets to minimize any potential noise impacts to surrounding properties. Industrial IndustrialGeneral Commercial RECLASSIFICATION NO. 2016-00299, CONDITIONAL USE PERMIT NO. 2016-05866 AND TENTATIVE PARCEL MAP NO. 2016-192 January 23, 2017 Page 5 of 6 The facility would provide a single stacking lane which would open into two lanes as customers approach the pay stations for a total stacking capacity of 14 vehicles. The applicant indicates that the proposed stacking lanes are adequate for the proposed use based on the wash cycle time of the equipment as described in the applicant’s Letter of Operation (Attachment 5). Staff has reviewed the proposed stacking lane configuration and does not anticipate any circulation issues with the proposed operation. Staff analyzed the proposed site plan and concluded that adequate circulation would be provided and that the layout would not negatively impact surrounding properties or the existing street circulation pattern. The proposed project complies with all development standards of the Industrial zone and would improve the overall appearance of the property by providing a new commercial use at a highly travelled intersection. Staff anticipates that the proposed project would have a positive community impact as it will improve the appearance of the intersection and result in a significant positive investment in the area. As such, staff recommends that the Planning Commission approve the request for the new car wash facility. Tentative Parcel Map: Before the Planning Commission may approve the tentative parcel map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed consolidation of the property, including its design and improvements, is consistent with the General Plan of the City of Anaheim. 2) That the proposed consolidation of the property, as shown on Tentative Parcel Map No. 2016-192, including their design and improvements, is consistent with the zoning and development standards of the proposed "I" Industrial Zone being proposed in conjunction with Reclassification No. 2016-00299. 3) That the site is physically suitable for the type of development of the proposed project. 4) That the consolidation, as shown on Tentative Parcel Map No. 2016-192, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5) That the consolidation, as shown on Tentative Parcel Map No. 2016-192, or the type of improvements is not likely to cause serious public health problems. 6) That the consolidation, as shown on Tentative Parcel Map No. 2016-192, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property. A tentative parcel map is required to consolidate the six existing lots into one lot. The proposed consolidation would create one new lot that would meet the minimum lot requirements for industrially-zoned properties. By consolidating the lots, the new car wash facility would comply with all development standards in the Industrial zone including setbacks and parking. Therefore, staff recommends approval of the proposed tentative parcel map. RECLASSIFICATION NO. 2016-00299, CONDITIONAL USE PERMIT NO. 2016-05866 AND TENTATIVE PARCEL MAP NO. 2016-192 January 23, 2017 Page 6 of 6 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 3 “New Construction or Conversion of Small Structures” exemption allowed under California Environmental Quality Act which consist of the construction and location of limited numbers of new, small facilities or structures. 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 project would represent a significant improvement in the overall appearance, operation, and security of the site. The new automotive washing facility would be compatible with the surrounding commercial and industrial uses. Therefore, staff recommends approval of the reclassification, conditional use permit, and tentative parcel map requests. Prepared by, Submitted by, Wayne Carvalho Jonathan E. Borrego Contract Planner Planning Services Manager Attachments: 1. Development Summary 2. Draft Reclassification Resolution 3. Draft Conditional Use Permit Resolution 4. Draft Tentative Parcel Map Resolution 5. Letter of Operation 6. Complete Plan Set 7. Site Photographs C-GVACANT C-GRESTAURANT RM-4PAMPAS LANE APARTMENTS40 DU RM-4PALM WESTAPTS20 DU C-GRETAIL R M -4 V I L L A G A R D E N S A P A R T M E N T S 4 3 D U IINDUSTRIAL IINDUSTRIAL I I N D U S T R I A L T I N D U S T R I A L I I N D U S T R I A L C -G I N D U S T R I A L C-GRETAIL IINDUSTRIAL C -G I N D U S T R I A L C -G I N D U S T R I A L C-GRETAIL C-G C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL 5 FREEWAY W N E U C L I D S T S E U C L I D S T W LINCOLN AVEW LINCOLN AVE N E U C L I D W A Y W. BROADWAY W. LINCOLN AVE S . E U C L I D S T N . H A R B O R B L V D N . B R O O K H U R S T S T N . E U C L I D S T S . B R O O K H U R S T S T S .W A L N U T S T S. M A N C H E STE R AV E N . L O A R A S T W.LINCOLNAVEW.LINCOL N A V E 203 North Euclid Street DEV No. 2016-00025 Subject Property APN: 072-101-66072-101-62072-101-14072-101-67 °0 50 100 Feet Aerial Photo:June 2015 5 FREEWAY W N E U C L I D S T S E U C L I D S T W LINCOLN AVEW LINCOLN AVE N E U C L I D W A Y W. BROADWAY W. LINCOLN AVE S . E U C L I D S T N . H A R B O R B L V D N . B R O O K H U R S T S T N . E U C L I D S T S . B R O O K H U R S T S T S .W A L N U T S T S. M A N C H E STE R AV E N . L O A R A S T W.LINCOLNAVEW.LINCOL N A V E 203 North Euclid Street DEV No. 2016-00025 Subject Property APN: 072-101-66072-101-62072-101-14072-101-67 °0 50 100 Feet Aerial Photo:June 2015 DEVELOPMENT SUMMARY Development Standard Industrial Zone Standards Proposed Project Floor Area Ratio Max. 0.50 FAR 0.06 FAR Building Height 100 feet 17 feet, 6 inches (to parapet) 20 feet (to tower element) Building Setbacks Min. 15 feet fully landscaped (Arterials – Euclid St. and Lincoln Ave.) Min. 5 feet (Local Street – Euclid Way) 37 feet for bldg., 15-25 feet landscaping (Euclid St.) 60 feet for bldg., 35 feet for canopy, 20 feet landscaping (Lincoln Ave.) 9 feet for canopy, 10 feet landscaping (Euclid Way) Parking 20 spaces 20 spaces ATTACHMENT NO. 1 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2016-00299 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00025) (203 NORTH EUCLID STREET) 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 203 North Euclid Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property") from the the “C-G” General Commercial Zone to the "I" Industrial Zone, which reclassification is designated as "Reclassification No. 2016-00299" for the purpose of allowing the applicant to construct an automotive washing facility (herein referred to as the “Project”); WHEREAS, the Property is approximately 0.57 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 "Industrial” uses; and WHEREAS, Reclassification No. 2016-00299 is proposed in conjunction with Conditional Use Permit No. 2016-05866 and Tentative Parcel Map No. 2016-192, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project". WHEREAS, Reclassification No. 2016-00299 proposes to apply the zoning and development standards of the "I" Industrial 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, the Planning Commission also finds and determines that the effects of the proposed construction of a new carwash facility are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consists of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2017-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2017 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 Commercial Zone to the "I" Industrial Zone is consistent with the Property's Industrial 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 industial and commercial uses located adjacent of the Property. 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. 2016-00299 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "I" Industrial Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2016-00299. 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 - PC2017-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2017. CHAIRPERSON, 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 January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017. _ SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** [DRAFT] ATTACHMENT NO. 3 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05866 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00025) (203 NORTH EUCLID STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2016-05866 for the construction of an automotive washing facility (the "Proposed Project") for premises located at 203 North Euclid Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2016-05866 is proposed in conjunction with Reclassification No. 2016-00299 and Tentative Parcel Map No. 2016-192, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project". WHEREAS, the Property is approximately 0.92-acres in size and is designated as Industrial in the Anaheim General Plan Land Use Element. The Property, of which a portion is currently zoned “C-G” General Commercial, will be reclassified under Reclassification No. 2016-00299, and entirely be within the "I” Industrial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.10 (Industrial Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2017 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against the Proposed Project, including, specifically, Conditional Use Permit No. 2016-05866, 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 the 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 "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2017-*** WHEREAS, the Planning Commission also finds and determines that the effects of the proposed construction of a new carwash facility are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consists of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Project on the Property does find and determine the following facts: 1. The proposed request to construct an automotive washing facility is an allowable use within the "I" Industrial Zone under subsection .010 of Section 18.10.030.010 (Uses) of Chapter 18.10 (Industrial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "I" Industrial Zone; and 2. The proposed request to permit the construction of an automotive washing facility would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the Proposed Project will improve the aesthetics of the improvements on the Property and the overall appearance of the project site, and would not have an adverse effect on adjacent industrial and commercial uses; and 3. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties; and 4. The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by the Proposed Project will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the future uses; and 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would significantly improve the overall appearance of the project site, and is compatible with the surrounding area, subject to compliance with the conditions contained herein; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly - 3 - PC2017-*** declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2016-05866, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning and Building Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** 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 January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2016-05866 (DEV2016-00025) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 The project’s Final Grading Plans, Soils Report, and Drainage Report shall be submitted for review and approval to the Development Services Division. Public Works Department, Development Services Division 2 The developer shall submit project improvement plans that incorporate the required drainage improvements and the mechanisms proposed in the approved Drainage Report. Post-development storm event run-off shall be less than or equal to the existing pre-development storm event run-off. No off-site 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 storm event. Public Works Department, Development Services Division 3 The final Water Quality Management Plan (WQMP) shall be submitted for review and approval to Public Works Development Services and comply with the most current requirements of the Orange County Drainage Area Management Plan (DAMP). Public Works Department, Development Services Division 4 If more than one acre of soil will be disturbed, 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 Department, Development Services Division 5 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain improvements, 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 new private storm drains connecting to the City storm drain facilities. Public Works Department, Development Services Division - 7 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 An Encroachment Permit from Caltrans shall be obtained for all work performed in Caltrans easements. Public Works Department, Development Services Division PRIOR TO ISSUANCE OF BUILDING PERMITS 7 Final detailed landscape and irrigation plans submitted for Planning staff review and approval shall reflect the site plan as approved by the Planning Commission. Planning and Building, Planning Division 8 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 9 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, Water Engineering 10 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 & R’s for the project. Public Utilities, Water Engineering - 8 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 The car wash shall comply with all state laws and local ordinances for Water Conservation Measures, including Chapter 10.18 of Anaheim Municipal Code and Ordinance relating to Water Reduction provisions. Public Utilities, Water Engineering 12 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 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, Electrical Engineering 14 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 15 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 16 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 Department, Development Services Division 17 The developer shall improve Euclid Way and Lincoln Avenue per the applicable City Standards, the Lincoln Avenue Corridor Master Plan, and as approved by the City Engineer. Public Works Department, Development Services Division 18 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, Development Services Division 19 Building shall be equipped with a comprehensive security surveillance camera and alarm system (silent or audible) for the following coverage areas: • High value storage area • Cash/Coin machine/room Police Department - 9 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 20 Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines. Police Department 21 Trees should not be planted close enough to the structure to allow easy access to the roof, or should be kept trimmed to make climbing difficult. Police Department 22 Trash enclosures should not block visibility of doors or windows or be located close enough to the structure to provide access to the roof. Police Department 23 Minimum recommended lighting level in all parking lots is .5 foot- candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. Police Department 24 “No Trespassing 602(k) P.C.” posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department 25 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. Police Department 26 Whenever possible, open fencing design, such as wrought iron or tubular steel, should be utilized to maximize natural surveillance while enhancing territorial reinforcement. Police Department 27 Parking lot striping shall be provided, per City Standard Detail No. 470. Disabled parking spaces shall be provided in accordance with the Americans Department with Disabilities Act and City Standard Detail No. 436-G. Planning and Building, Planning Division 28 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Address shall be well lit during hours of darkness. Minimum recommended lighting level in all parking areas is 0.5 foot-candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. Planning and Building, Planning Division - 10 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 Landscaping shall be provided around the above ground large meter or fire service to shield from view of street. Planning and Building, Planning Division 30 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, Planning Division ON-GOING DURING PROJECT OPERATIONS 31 The driveway on Euclid Way closest to Lincoln Avenue shall be one- way inbound only. Public Works Department, Development Services Division 32 The fabric canopies of the proposed canopy structures shall be perpetually maintained and replaced as needed to ensure that the carwash facility maintains a high quality appearance. Planning and Building, Planning Division 33 The parking/vacuuming area shall be secured at close of business to prevent unauthorized parking and overnight camping. Police Department 34 Address numbers shall be positioned so as to be readily readable from the street. Number should be illuminated during hours of darkness. Police Department 35 Monument signs and addresses shall be well lighted during hours of darkness. Police Department 36 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police Department 37 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning and Building, Code Enforcement 38 The applicant shall be responsible for maintaining the premises in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Planning and Building, Planning Division/Code Enforcement - 11 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 39 The use of the vacuum equipped stalls shall not be limited to customers vacuuming their cars. Planning and Building, Planning Division 40 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning and Building, Planning Division 41 The car wash facility shall be operated in accordance with the Letter of Operation submitted as part of this application. Any changes to the business operation as described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. The facility shall operate from 8:00 a.m. to 8:00 p.m. seven days a week. All wash equipment and vacuums will be shut off at the end of the day 8:00 p.m. The hours of operation may be modified subject to review and approval by the Planning Director. Planning and Building, Planning Division GENERAL 42 The following minimum horizontal clearances shall be maintained between water laterals, above ground meters/backflow prevention devices 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 from trees, structural footings, and above ground structures. Public Utilities, Water Engineering 43 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities, Water Engineering 44 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 Planning and Building, Planning Services - 12 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 45 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, Planning Services 46 The business premises shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning and Building, Planning Services [DRAFT] ATTACHMENT NO. 4 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2016-192 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00025) (203 NORTH EUCLID STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Parcel Map No. 2016-192 to consolidate six parcels into one parcel for that certain real property located at 203 North Euclid Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.92-acres in size and is designated as Industrial in the Anaheim General Plan Land Use Element. The Property is currently vacant and consists of six lots with separate "C-G" General Commercial and “I” Industrial zoning designations. The Anaheim General Plan designates this Property for Industrial land uses; and WHEREAS, Tentative Parcel Map No. 2016-192 is proposed in conjunction with Reclassification No. 2016-00299 and Conditional Use Permit No. 2016-05866, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project". WHEREAS, on January 23, 2017, 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 said proposed Tentative Parcel Map 2016-192, 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 WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has found and determined that the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2017-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to consolidation of lots, does find and determine the following facts: 1. The proposed consolidation, including its design and improvements, and with the conditions imposed herein is consistent with the Industrial land use designation in the Anaheim General Plan and the development standards contained in the "I" Industrial Zone in that the proposed parcel map will consolidate six lots into one lot for the purpose of constructing a new car wash facility. The proposed consolidation is consistent with the proposed zoning and the existing General Plan land use designation. 2. The site is physically suitable for the type and size of the proposed development in that this flat lot is currently undeveloped and is of adequate size to be developed in accordance with the I zone development standards. 3. The lot consolidation, with the conditions imposed, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has been identified on the site in that no environmental impacts are anticipated as part of the future development of a carwash facility on this undeveloped property. 4. The lot consolidation, or the type of improvements is not likely to cause serious public health problems, since any new structures and associated site improvements will be constructed on the property in compliance with the conditions imposed and other related Code requirements in that the future development of a carwash facility will be subject to all City code requirements for demolition and construction. 5. The lot consolidation 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 project site in that the parcel map is conditioned to be submitted for review and approval to the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder prior to issuance of building permits. 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 - PC2017-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2016-192, subject to and contingent upon (1) the adoption by the City Council of an ordinance reclassifying the Property within the "I" Industrial Zone in accordance with Reclassification No. 2016-00299, (2) the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** 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 January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2016-192 (DEV2016-00025) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL MAP APPROVAL 1 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 63 feet in width from the construction centerline of Lincoln Avenue (50 feet from control line) for road, public utilities, and other public purposes. Public Works Department, Development Services Division 2 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 38 feet in width from the centerline of Euclid Way and a corner cut-back from the ultimate right-of-way of Euclid Way to the ultimate right-of-way of Lincoln Avenue for road, public utilities, and other public purposes. Public Works Department, Development Services Division 3 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 4 The developer shall submit offsite 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 and Euclid Way. Improvements shall conform to the applicable City Standards, the Lincoln Avenue Corridor Master Plan, and as approved by the City Engineer. The 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. Public Works Department, Development Services Division 5 The Parcel Map shall be approved in substantial conformance with Planning Commission resolution for this project. Public Works Department, Development Services Division - 7 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 6 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 7 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 8 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department. Planning and Building Department, Planning Services Division Letter of Request I.Location -Wave Car Wash, an express car wash is located at 203 N Euclid St. in the City of Anaheim, CA in the county of Orange. Vacant land in La/Orange County area is at a premium due to the fact that the area is densely populated with an increasing population and is highly developed. This adds to the value of the business and causes a “Barrier to Entry” for new car wash businesses. II.Management/Operations – Business will be operated by a General Manager and 2 Shift Managers. The business will be open from 8AM – 8PM 7 Days a week. There will be 3 employees/shift who will be part time and a General Manager who will be there during peak hours. Slower hours will have fewer employees. There will be a total of 16-22 people employed at this location. III.Demographics – Business is located on N Euclid Ave in Anaheim. One of the busiest arteries of the city. There are approximately 70,000 cars a day on Euclid and Lincoln combined. The Location provides easy Egress and Ingress with traffic light at intersection. IV.Median household income of the area is $80,000/year making this an ideal area for an Express Car Wash. V.Prices –Wave Car Wash will offer different wash levels for $6, $9 & $12 with added upgraded services available a la carte ranging from $1 - $5. Details on upgrades are available in the pro forma. Monthly service plans as well as fleet program will also be offered. All washes will include spot free rinse and free use of vacuums for customers. This will greatly reduce employee labor. Ticket average will range from $8 - $9. VI.Pro forma – Provided Separately by Sonny’s Car Wash Equipment suppliers. One of the industry’s largest and most respected companies. VII.Site Plan – Provided Separately. VIII.Equipment – Fastech Car Wash Equipment Company will be providing the latest in high tech express car wash equipment including the latest in High Quality water filtration and recycling systems. By using state-of-the-art equipment and design practices,Wave Car Wash will reclaim and recycle about 90% the water used in the wash process. This results in significant water savings over traditional at-home car washes or hand washing. The reverse osmosis filtration helps clean 99% of impurities from the water allowing for a spot free rinse. Even if some water is left on the car, it will dry with minimal spotting. Advances in express car wash technology over the last 7 – 10 years have revolutionized the quality of the wash to exceed that of washing cars by hand. IX.Construction – A time of 4-6 months is expected for ground up construction to be completed. Once completed, the car wash will be done in a Modern style with a drive thru wash tunnel, covered vacuum area and covered canopies for the customer waiting area. ATTACHMENT NO. 5 X.Environment –Wave Car Wash will use cleaning ingredients that are environmentally friendly and mostly bio-degradable (the chemicals naturally dissolve into the environment). Because we control the flow rate and the water pressure, we use far less water per car than washing at home. Due to the severe drought in California, many cities and counties have put into place many restrictions on water usage such as washing your car at home. Washing your car at home wastes a lot of much needed water. Wave Car Wash will use much less water than washing your car at home or a traditional hand car wash making Wave Car Wash an environmentally friendly “Green” business. (N) MONUMENT SIGN(BY SEPARATE PERMIT) C A R W A S H E N T R Y U N I T S , T Y P L A N D S C A P E LANDSCAPE L A N D S C A P E L A N D S C A P E LANDSCAPE S E T B A C K E U C L I D W A Y 9'-0" 1 0 ' - 0 " S E T B A C K W. LINCOLN AVE N . E U C L I D S T R E E T R 1 6 ' - 0 " 110' - 6 " 6 ' - 0 " D E D I C A T I O N R 2 8 ' - 0 " 1 2 ' - 0 " D E D I C A T I O N S E T B A C K 6 ' - 0 " D E D I C A T I O N 10 ' - 0 " 6'- 0 " 1 0 ' - 0 " 15'-0" 6'-0"10'-0" 6' - 0 " 15'-0"SETBACKNEW R.O.W.EXISTING R.O.W. N E W R . O . W . E X I S T I N G R . O . W . NEW R.O.W. ( E ) R E T A I N I N G W A L L C A L T R A N S S L O P E E A S E M E N T 25'-11" 12'-0" 12'-0" C A L T R A N S S L O P E E A S E M E N T ( E ) S T R E E T T R E E W E L L 61'-0"EXISTING R.O.W.63'-0"NEW R.O.W.11'-0"SIDEWALK 30'-0" R 3 8 ' - 0 " 17'-0"7'-0" 24'-0" 1 1 0 ' - 0 " 1 6 ' - 2 " E M P L O Y E E P A R K I N G V A C U U M S P A C E S ( 5 ) V A C U U M S P A C E S ( 7 ) V A C U U M S P A C E S ( 6 ) L O A D I N G Z O N E 24'-0" 1 2 ' - 0 " T Y P . 20'-0" TYP. 1 2 ' - 0 " 19 ' - 6 " 20 ' - 0 " FI R E A C C E S S 12'-0" 2 4 ' - 0 " 2 4 ' - 0 " 30' - 0 " 4'-0" R 1 7 ' - 6 " R 3 8 ' - 0 " C A R W A S H D U M P O U T 24'-0" 8'-6" 1 8 ' - 0 " 9'-0"9'-0"8'-6" E M P L O Y E E P A R K I N G 3 8 ' - 4 " V A N 1 2 ' - 0 " 1 2 ' - 0 " 3'-5" 9'-0" 2 0 ' - 0 " 12'-0" B O L L A R D S A N D S E C U R I T Y C H A I N B O L L A R D S A N D S E C U R I T Y C H A I N T U B E S E C T I O N A N D S T A N D I N G S E A M M E T A L R O O F O V E R H A N G V A C U U M S Y S T E M C A N O P Y 8'-6" CANOPY WIDTH R 1 7 ' - 0 " V A C U U M S Y S T E M C A N O P Y 8'- 6 " C A N O P Y W I D T H TR A S H ENCL O S U R E T R U C K P A T H P U B L I C U T I L I T Y E A S E M E N T N E W R . O . W . E X I S T I N G R . O . W . 53'-10" 64'-0" 70' - 0 " 38 ' - 0 " 26' - 0 " 50' - 0 " (E) CURB RAMP 32' - 0 " 26'-0" 32'-0" 38'-0" 4'- 0 " 6'- 0 " 8'- 0 " N E W 4 ' - 0 " S I D E W A L K CENTERLINE C E N T E R L I N E 1 0 ' - 0 " S E T B A C K 4'-0"2'-0" N E W 4 ' - 0 " S I D E W A L K EXISTING R.O.W.11'-0"SIDEWALK 2'-0"2'-0" ADDITIONALSIDEWALK (E) CENTERLINE/CONTROL LINE CONSTRUCTIONCENTERLINE (E) MEDIAN(E) BUS STOP ( E ) C E N T E R L I N E 10'-0" ( E ) S I D E W A L K CENTERLINE 13'-0"8'-0"NEW 8'-0" PARKWAYLANDSCAPING5'-0" 5 ' - 0 " C O N C R E T E L A N D S C A P E LANDSCAPE LANDSCAPE A C C E S S I B L E P A R K I N G T O W - A W A Y S I G N N E W 8 ' - 0 " P A R K W A Y L A N D S C A P I N G 8'- 0 " S I G N - " N O P E D E S T R I A N S B E Y O N D T H I S P O I N T " P A R K I N G R E S T R I C T I O N / P R I V A T E P R O P E R T Y S I G N C A R W A S H 2 , 6 0 4 S F A D A P A T H O F T R A V E L 8'-0" 1 6 ' - 0 " 6 " W I D E C O N C R E T E C U R B P R O V I D E 2 " X 2 " X 3 1 6 " A N G L E C U R B G U A R D 6 " X 6 " X 1 6 " C O N C R E T E B L O C K , G R O U T A L L C E L L S S O L I D W I T H # 4 R E B A R @ 2 4 " O . C . 2'-0" S I D E W A L K 5'-6"6" 6'-0" B A R W E L D E D T O I N S I D E B O T H D O O R S B O T T O M O F D O O R S H O U L D B E H I G H E N O U G H T O P A S S C L E A R A B O V E A N Y A D J A C E N T C U R B C O R R U G A T E D M E T A L G A T E S & P O S T P A I N T E D T O M A T C H A D J W A L L 6'-0" G A T E S & P O S T P A I N T E D T O S M O O T H P L A S T E R P A I N T F I N I S H P R E - C A S T C O N C C A P 6'-0" S M O O T H P L A S T E R P A I N T F I N I S H P R E - C A S T C O N C C A P NOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE C A R W A S H 15.670.02 06/20/2016MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDC A N A H E I M , C A L I F O R N I A N SITE PLAN0' 10' 20' 40'80'SCALE : 1" = 20'-0"5' S I T E S U M M A R Y L A N D : O L D P R O P E R T Y + / - 4 4 , 1 6 6 S . F . + / - 1 . 0 1 A C B U I L D I N G A R E A : + / - 2 , 6 0 4 S . F . L A N D / B U I L D I N G R A T I O : 1 5 . 0 8 / 1 B U I L D I N G C O V E R A G E : 6 . 2 1 % P A R K I N G P R O V I D E D : E U C L I D W A Y D E D I C A T I O N + / - 2 , 2 7 0 S . F . P A R K I N G R E Q U I R E D : 5 . 5 / 1 0 0 0 G F A 2 0 P L U S D R Y I N G A R E A F O R 5 S P A C E S N E W P R O P E R T Y ± 0 . 9 6 A C + / - 4 1 , 8 9 6 S . F . T Y P . V A C . / D R Y I N G S P A C E S 1 7 A C C E S S I B L E 0 1 S T A N D A R D / E M P L O Y E E 0 2 T O T A L 2 0 NOTE:TRASH ENCLOSURE TO BE 8'-0" X16'-0"MINIMUM, INSIDE CLEAR DIMENSIONSAND CONSTRUCTED AS PER "CITY OFANAHEIM - TRASH ENCLOSUREREQUIREMENT"TRASH ENCLOSURE REVISION11-07-2016ADDED VACUUM CANOPIES A N A H E I M , C A 9 2 8 5 0 N W C W E S T L I N C O L N A V E . A N D N O R T H E U C L I D S T . F L O O R P L A N F R O N T E L E V A T I O N S I D E E L E V A T I O N S R E A R E L E V A T I O N N O T E : ( T R A S H E N C L O S U R E ) 1 . R E F U S E C O N T A I N E R E N C L O S U R E T O B E L O C A T E D C L E A R O F O T H E R S T R U C T U R E W H E R E P O S S I B L E T O B O T H D E P O S I T A N D P I C K - U P 2 . S L A B M E E T F I N I S H E D G R A D E , I F S L A B D O E S N O T M E E T F I N I S H E D G R A D E , P R O V I D E R A M P S L O P E D A T 1 4 " P E R F O O T M A X I M U M 3 . L O C A T I O N , S I Z E A N D N U M B E R O F S T R U C T U R E W I L L B E D E T E R M I N E D B Y T H E S A N I T A T I O N I N S P E C T O R P R I O R O F B U I L D I N G P E R M I T . F O R I N F O R M A T I O N C A L L 7 6 5 - 6 8 3 6 . 4 . A L L H A R D W A R E T O B E C O R R O S I O N R E S I S T A N T 5 . P L A N S M U S T S H O W R E F U S E A R E A S I N D E T A I L S C A L E : 1 / 8 " = 1 ' - 0 " S C A L E : 1 / 8 " = 1 ' - 0 " S C A L E : 1 / 8 " = 1 ' - 0 " S C A L E : 1 / 8 " = 1 ' - 0 " REVISIONS AS PER PLANNING12-27-2016 A T T A C H M E N T N O . 6 30"x48" MIN CLR FLR SPACE STORAGE 11'-0" 8 9 ' - 0 " 1 1 ' - 0 " 5'-6"2'-6" 12'-0" 2'-6" 3'-6"8'-6" 1 ' - 6 " 1 0 ' - 0 " 6 ' - 0 " 7 8 ' - 0 " 6'-0"10'-0"1'-6" 1 1 3 ' - 0 " 24'-0" 11'-0" 2'-0" 1 ' - 6 " E Q U I P M E N T R O O M S E R V I C E 17'-9"9'-534" C A R W A S H T U N N E L ± 2 , 6 0 4 S F 18'-0" O V E R H A N G S U P P O R T P O S T , T Y P . A S S H O W N O V E R H A N G L I N E A B O V E 2 4 ' - 0 " 2 4 ' - 0 " 24 ' - 0 " 24'-0"8'-0"13'-0"3'-0"7'-0"NOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE C A R W A S H 15.670.01 03/16/2016MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDC A N A H E I M , C A L I F O R N I A N0 FLOOR PLAN Scale : 1/8" = 1'4'8'16 A N A H E I M , C A 9 2 8 5 0 N W C W E S T L I N C O L N A V E . A N D N O R T H E U C L I D S T . ADDED CANOPY DIMENSION11-07-2016REVISIONS AS PER PLANNING12-27-2016 E 6 D - A2B4 L - M2 1 5 ' - 0 " A . F . F . B . O . C A N O P Y 1 7 ' - 6 " A . F . F . T . O . P A R A P E T A1C5B4A3H4J4B4 1 7 ' - 6 " A . F . F . T . O . P A R A P E T 1 5 ' - 0 " A . F . F . B . O . C A N O P Y 0 0 ' - 0 " F . F . 13'-0" A.F.F.B.O. CANOPY K 7 F 3 L - A 2 A 1 C 5 1 3 ' - 0 " A . F . F . B . O . C A N O P Y 2 0 ' - 0 " A . F . F . T . O . T O W E R 1 7 ' - 6 " A . F . F . T . O . P A R A P E T 9 ' - 0 " A . F . F . B . O . O P E N I N G A3 D - B4 B 4 A 2 G - 2 0 ' - 0 " A . F . F . T . O . T O W E R 15'-0" A.F.F.B.O. CANOPY 17'-6" A.F.F.T.O. PARAPET C O L O R S L E G E N D M A T E R I A L L E G E N D - 2 M E T A L T R I M / C O R N I C E - 3 C O R R U G A T E D M E T A L P A N E L - 4 - 5 P L A S T E R R E V E A L , T Y P . - 6 M E T A L D O O R / F R A M E S W # 7 0 2 9 " A G R E E A B L E G R A Y " S W # 6 3 6 9 " T A S S E L " S W # 6 0 0 5 " F O L K S T O N E " * C O L O R S B Y : S H E R W I N W I L L I A M S * * A L L S I G N A G E B Y S E P A R A T E P E R M I T A M E R I L U X L E X A N ' T H E R M O C L I C K ' W A L L P A N E L S - 7 - 1 E X T E R I O R P L A S T E R F I N I S H N A T U R A L C O N C R E T E F I N I S H S T R U C T U R A L S T E E L M E M B E R T R A N S L U C E N T M U L T I W A L L P O L Y C A R B O N A T E S H E E T S W # 7 0 1 8 " D O V E T A I L " E X T E R I O R L I G H T F I X T U R E S W # 6 3 2 8 " F I R E W E E D " A - B - C - D - E - F - G - H - J - S T R U C T U R A L C O L U M N K - C O N C R E T E P E D E S T A L L - S I G N A G E B Y O T H E R S * * M - S T A N D I N G S E A M M E T A L R O O F NOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE A N A H E I M , C A 9 2 8 5 0 C A R W A S H 15.670.01 07/08/2016MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDC A N A H E I M , C A L I F O R N I A W E S T E L E V A T I O N SOUTH ELEVATION N O R T H E L E V A T I O N E A S T E L E V A T I O N 0 EXTERIOR ELEVATIONSScale : 1/8" = 1'4'8'16 N W C W E S T L I N C O L N A V E . A N D N O R T H E U C L I D S T . REVISIONS AS PER PLANNING12-27-2016 1 1 0 ' - 0 " 1 2 27'-0"B A17'-0"10'-0"2'-0"2'-0"23'-0"2'-0" 2 4 ' - 0 " 2 4 ' - 0 " 2 4 ' - 0 " 5' - 6 " 5 ' - 6 " 11'-0"7'-0"2'-0" 3/8" PER FT. MIN. 1 7 ' - 6 " T . O . P . 1 7 ' - 6 " T . O . P . 2 0 ' - 0 " T . O . P . 2 4 ' - 0 " 3/8" PER FT. MIN. 5/8" PER FT. R O O F H A T C H S T A N D I N G S E A M M E T A L R O O F M E T A L G U T T E R 5/8" PER FT. 5/8" PER FT. 5/8" PER FT. NOTE: This information is conceptual in nature and is subject toadjustments pending further verification and Client, Tenant, andGovernmental Agency approvals. No warranties or guaranties ofany kind are given or implied by the Architect.DATE:MCG JOB #:REVISIONSDATE C A R W A S H 15.670.01 03/16/2016MCG ARCHITECTS 2012 ALL RIGHTS RESERVEDC A N A H E I M , C A L I F O R N I A N0 ROOF PLANScale : 1/8" = 1'4'8'16 A N A H E I M , C A 9 2 8 5 0 N W C W E S T L I N C O L N A V E . A N D N O R T H E U C L I D S T . UPDATED PER NEW PLAN11-07-2016REVISIONS AS PER PLANNING12-27-2016 VAN FHFHWVWVWVWV63.061.0 38.032.015.0 10.0 1 5 . 0 110.5 24.0 107.9 24.026.0 50.012.052.0 R10.08.512.0 20.018.0 R10.0 R16.0 R27.7 R10.0R41.0 R 3 2 . 5 12.0 20.0 12.0TYP.20.0TYP.19.5SSSSSSDDCM12.0 20.0 R10.013.0 60.3 3 7 . 6 4.0 4.0 8.09.011.0 38.0 70.0 5 3 . 8 6 4 . 0 35.0 48.0 1 1 / 0 7 / 2 0 1 6 N O P A R K I N G U N A U T H O R I Z E D V E H I C L E S S U B J E C T T O T O W - A W A Y A T O W N E R ' S E X P E N S E A N A H E I M P O L I C E T E L E P H O N E 9 9 9 - 1 9 0 0 E G P E R 2 N D P L A N C H E C K R E V I E W C O M M E N T S C V C 2 2 6 5 8 - A M C 1 4 . 3 2 . 2 2 0 ( O R D . § 2 ( P A R T ) ; D E C E M B E R 1 , 1 9 8 1 ) U N A U T H O R I Z E D V E H I C L E S P A R K E D I N D E S I G N A T E D A C C E S S I B L E S P A C E S N O T D I S P L A Y I N G D I S T I N G U I S H I N G P L A C A R D S O R L I C E N S E P L A T E S I S S U E D F O R D I S A B L E D P E R S O N S W I T H D I S A B I L I T I E S W I L L B E T O W E D A W A Y A T O W N E R ' S E X P E N S E T O W E D V E H I C L E S MA Y B E R E C L A I M E D A T A N A H E I M P O L I C E D E P A R T M E N T OR B Y T E L E P H O N I N G ( 7 1 4 ) 7 6 5 - 1 9 0 0 1 2 / 1 6 / 2 0 1 6 E G P E R D E C 7 P L A N C H E C K R E V I E W C O M M E N T S 1 2 / 2 3 / 2 0 1 6 E G P E R D E C 2 6 R E V I E W M E E T I N G ATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JANUARY 23, 2017 SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05897 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00134 LOCATION: 2034 West Lincoln Avenue (Family Beer Wine Water Market) APPLICANT/PROPERTY OWNER: The applicant is Ranya Jarjes and the property owner is Clausen Enterprises. REQUEST: The applicant is requesting approval of a conditional use permit to upgrade an existing “Type 20” Off-Sale Beer and Wine Department of Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale General license and a Determination of Public Convenience or Necessity to permit the sales of alcoholic beverages for off-site consumption within an existing convenience market. 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 1, Existing Facilities), and approving Conditional Use Permit No. 2016-05897 and Public Convenience or Necessity No. 2016-00134. BACKGROUND: This 0.88-acre property is developed with a 11,200 square foot commercial center which includes the subject 1,200 square foot convenience market. The property is located in the “C-G” General Commercial zone and the General Plan designates this property for Corridor Residential land uses. The property is surrounded by commercial and office uses to the east and west along Lincoln Avenue and single family residential uses to the south and to the north across Lincoln Avenue. There are no existing zoning entitlements associated with this convenience store; therefore, the sale of beer and wine for off-site consumption is considered a legal- nonconforming use. CONDITIONAL USE PERMIT NO. 2016-05897 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00134 January 23, 2017 Page 2 of 4 PROPOSAL: The applicant proposes to upgrade from the sales of beer and wine to full alcoholic beverages for off-site consumption within an existing 1,200 square foot convenience market. No modifications to the building’s exterior or interior tenant space are proposed. The convenience store would operate with a Type 21 (Off-Sale General) ABC license and would sell alcoholic beverages, food items, sundries, tobacco products and lottery tickets. The store will continue to operate from 8:00 a.m. to 10:00 p.m., seven days a week with up to three employees. FINDINGS AND ANALYSIS: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Convenience stores with off-premise sales of alcoholic beverages require approval of a conditional use permit in this zone in order to determine compatibility with surrounding land uses. Staff believes that the proposed ABC license upgrade from beer and wine to alcoholic beverages would not adversely affect the surrounding land uses or the growth and development of the area if the business is operated in a responsible manner and in compliance with the recommended conditions of approval. These conditions include: prohibiting any exterior advertising of alcoholic beverages and requiring ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees. The convenience store is currently operating without a conditional use permit, so the approval of this request provides the opportunity for alcohol-related operational conditions to be applied to the business. No increase in the parking requirement would occur since a building expansion is not being requested at this time. Based on these factors, staff believes that the proposed use would be compatible with the surrounding area and recommends approval of the conditional use permit. CONDITIONAL USE PERMIT NO. 2016-05897 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00134 January 23, 2017 Page 3 of 4 Determination of Public Convenience or Necessity: State law limits the issuance of alcoholic beverage licenses when a license is requested for a property located in a police reporting district with a crime rate above the City average, or when there is an over-concentration in the number of ABC licenses within a census tract. In this case, the subject property is in an area that exceeds both the City’s average crime rate and over-concentration of ABC licenses. However, the law also states that such restrictions can be waived if the local jurisdiction makes a determination that the proposed outlet would serve a "public convenience or necessity." Since there is an overconcentration of off-sale licenses in the census tract and there is a crime rate that is above the city-wide average, a “determination of public convenience or necessity" is required. This property is located within Census Tract No. 871.03, which has a population of 8,470. This population allows for 9 on-sale ABC licenses and there are presently 8 licenses in the tract. It also allows for 5 off-sale licenses and there are presently 9 licenses in the tract. One of the 9 off-sale licenses belongs Family Beer Wine Water Market and would be upgraded, so the number of off-sale licenses would not be increased. The property is within Police Reporting District No. 1720, which has a crime rate that is 145 percent above the citywide average. According to the Police Department, the crime rate in this reporting area is above average due to the higher concentration of commercial uses along Lincoln Avenue. There were six calls for service at this location in the last year and the calls consisted of 3 petty thefts, 1 brandishing a firearm, 1 forgery and 1 robbery. The Police Department evaluates these requests based on the crime rate within a one-quarter (1/4) mile radius of the subject site. Over the last year, the crime rate within a one-quarter mile radius of this property was 104 percent above the City-wide average based upon calls for service. The calls consisted of 22 petty thefts, 32 simple assaults, 17 auto burglaries and 18 drug abuse violations. The applicant purchased the Type 21 ABC license from a private party located at 8512 Katella Avenue in Garden Grove. According to ABC, the convenience market has operated with a Type 20 off- sale beer and wine license since 1991 with different operators. The applicant has owned and operated the business since November of 2015 in compliance with all regulations pertaining to the sales of alcoholic beverages. ABC has confirmed that the applicant has not had any citations and has a current license that is eligible for the proposed upgrade. Staff conducted an inspection of the property and observed the site to be well maintained, including on-site landscaping, parking lot lighting and striping. However, there were sign violations observed on the market’s leasehold frontage including an additional wall sign, window signs exceeding the maximum area allowed by code, as well as a pole sign and illegal feather signs in the front landscape planter. The draft resolution includes a condition of approval requiring that all illegal and unpermitted signs be removed within 30 days of the conditional use permit approval. CONDITIONAL USE PERMIT NO. 2016-05897 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00134 January 23, 2017 Page 4 of 4 The existing market is a long-standing neighborhood business that provides a convenient shopping location for area residents. As previously mentioned, the business has been operating responsibly over the years. Staff believes the proposed ABC license upgrade would be compatible with the neighborhood and would provide a convenience to the surrounding neighborhood. In addition, the market only operates until 10:00 p.m. and the owner has no plans to extend the hours if the ABC license is upgraded. CONCLUSION: The proposed sale of alcoholic beverages for off-premise consumption is a compatible use with the surrounding area. The recommended conditions of approval would ensure that the sale of alcoholic beverages would not have an adverse impact on the surrounding land uses. Staff recommends approval of this request. Prepared by, Submitted by, Wayne Carvalho Jonathan E. Borrego Contract Planner Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Draft Public Convenience or Necessity Resolution 3. Letter of Request 4. Police Department Memorandum 5. Photographs 6. Site Plan 7. Floor Plan C-G (BCC)RETAIL RS-2S.F.R. RM-4LINCOLNTERRACEAPTS170 DU C-G (BCC)RETAIL C-G (BCC)CRYSTALINN C-G (BCC)RETAIL RS-2SINGLE FAMILY RESIDENCE RM-2SINGLE FAMILY RESIDENCE C-G (BCC)MEDICALOFFICE RS-2SINGLE FAMILY RESIDENCE RS-2S.F.R.RS-2S.F.R.RS-2S.F.R. RS-2S.F.R.RS-2S.F.R.RS-2S.F.R.RS-2S.F.R. RS-2S.F.R.RS-2S.F.R. RS-2S.F.R. W LINCOLN AVE S E M P I R E S T W DIANE WAY W EMBASSY AVE S A G A T E S T N C A R O L D R N A L A D D I N D R N D A H L I A D R S C A M E L L I A S T S P R I M R O S E S T N B E R N I E C E D R W HIAWATHA AVE S A G A T E P L N R O B W A Y S L I N H A V E N C I R ROB WAY N R O B W A Y W. BROADWAY W. LINCOLN AVE W. S . E U C L I D S T S . M A G N O L I A A V E N . M A G N O L I A A V E S . B R O O K H U R S T S T N . B R O O K H U R S T S T N . E U C L I D S T W. CRESCENT AVE W. LINCOLN AVEW. LINCOLN AVE 2034 West Lincoln Avenue DEV No. 2016-00121 Subject Property APN: 128-031-24 °0 50 100 Feet Aerial Photo:June 2015 W LINCOLN AVE S E M P I R E S T W DIANE WAY W EMBASSY AVE S A G A T E S T N C A R O L D R N A L A D D I N D R N D A H L I A D R S C A M E L L I A S T S P R I M R O S E S T N B E R N I E C E D R W HIAWATHA AVE S A G A T E P L N R O B W A Y S L I N H A V E N C I R ROB WAY N R O B W A Y W. BROADWAY W. LINCOLN AVE W. S . E U C L I D S T S . M A G N O L I A A V E N . M A G N O L I A A V E S . B R O O K H U R S T S T N . B R O O K H U R S T S T N . E U C L I D S T W. CRESCENT AVE W. LINCOLN AVEW. LINCOLN AVE 2034 West Lincoln Avenue DEV No. 2016-00121 Subject Property APN: 128-031-24 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05897 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00121) (2034 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-05897 to permit an upgrade of an existing “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale General ABC license to permit the sale of beer, wine and distilled spirits for off-site consumption within a convenience market (Family Beer Wine Water Market), (herein referred to collectively as the "Proposed Project") for certain real property located at 2034 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. 2016-05897 is proposed in conjunction with Public Convenience or Necessity No. 2016-00134, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, consisting of approximately 0.88 acres, is developed with a 11,200 square foot commercial center, including the 1,200 square foot market. The Anaheim General Plan designates the Property for Corridor Residential land uses. The Property is located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2017 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, this Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical - 2 - PC2017-*** equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2016-05897, does find and determine the following facts: 1. The proposed request to upgrade an existing “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale General ABC license to permit the sale of beer, wine and distilled spirits for off-site consumption within a convenience market is an allowable use within the "C-G" General Commercial Zone under Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C-G" General Commercial Zone. 2. The use proposed under Conditional Use Permit No. 2016-05897, under the conditions imposed, are compatible with the existing uses in the surrounding area. 3. The size and shape of the site for the use proposed under Conditional Use Permit No. 2016-05897 are, under the conditions imposed, adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because the convenience market on the Property will adhere to all required land use standards. 4. The traffic generated by the uses proposed under Conditional Use Permit No. 2016- 05897, under the conditions imposed, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not increase due to the upgrade of the ABC license. 5. The granting of Conditional Use Permit No. 2016-05897, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2016-05897, contingent upon and subject to (i) approval of Public Convenience or Necessity No. 2016-00134, now pending, 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 under - 3 - PC2017-*** Conditional Use Permit No. 2016-05897 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** 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 January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2016-05897 (DEV2016-00121) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 2 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 4 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 5 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6 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 7 The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control,as depicted. Police Department 8 Managers/Owners need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. Police Department 9 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring businesses. Police Department 10 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department - 7 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. Police Department 12 The convenience market shall be operated in accordance with the Statement of Operations submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 13 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Planning and Building Department, Code Enforcement Division GENERAL CONDITIONS 14 The existing unpermitted pole sign and feather signs located in the landscape planter directly in front of the business shall be removed within thirty (30) days of the date of this resolution. Planning and Building Department, Planning Services Division 15 The applicant shall provide evidence that building permits were obtained for the two wall signs, or shall obtain a new building permit for said signs, within 30 days of the date of this resolution. Planning and Building Department, Planning Services Division 16 Window signs shall comply with the maximum area allowed by the Zoning Code. At no time shall window signs exceed 20% of the window area. Planning and Building Department, Planning Services Division 17 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all Planning and Building Department, Planning Services Division - 8 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 18 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 19 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division [DRAFT] ATTACHMENT NO. 2 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00134 TO PERMIT A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00121) (2034 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for Public Convenience or Necessity No. 2016-00134 to upgrade an existing “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale General ABC license to permit the sale of beer, wine and distilled spirits for off-site consumption within a convenience market (Family Beer Wine Water Market) for certain real property located at 2034 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, Public Convenience or Necessity No. 2016-00134 is proposed in conjunction with a request for Conditional Use Permit No. 2016-05897, now pending, which together with the Project, shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the Property, consisting of approximately 0.88 acres, is developed with a 11,200 square foot commercial center, including the 1,200 square foot market. The Anaheim General Plan designates the Property for Corridor Residential land uses. The Property is located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2017 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 - 2 - PC2017-*** WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a Determination of Public Convenience or Necessity No. 2016-00134, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "Public Convenience or Necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by the issuance of a license. For purposes of Section 23958.4, "undue concentration" means the case in which the Property is located in an area where any of the following conditions exist: (a) The Property is located in a crime reporting district that has a 20 percent greater number of reported crimes than the average number of “reported crimes” (as defined in Section 23958.4), as determined from all crime reporting districts within the City of Anaheim. (b) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the Property is located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (c) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the Property is located exceeds the ratio of off-sale retail licenses to population in the county. - 3 - PC2017-*** 3. Notwithstanding the existence of the above-referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations; and, when the sale of alcoholic beverages for off-premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 5. The Property is located within Census Tract No. 871.03 with a population of 8,470 that allows for five off-sale ABC licenses. There are presently nine (9) off-sale ABC licenses in the tract. The Property is located in Police Reporting District No. 1720, which has a crime rate that is 145 percent above the City-wide average. The Police Department evaluates these requests based on the crime rate within a one-quarter mile radius of the Property for the subject site. The crime rate within ¼ mile of this Property is 104 percent above the City-wide average based upon calls for service. Since there is an overconcentration of off-sale licenses in the census tract and the crime rate is above the city-wide average, a determination of "public convenience or necessity" is required. 6. The request to permit alcoholic beverage sales for off-premises consumption in conjunction with a convenience market would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is currently developed with convenience market that sells beer and wine and the proposed use of the Premises at the Property is compatible with the existing uses in the surrounding area; and 7. The determination of "Public Convenience or Necessity" can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that the granting of the determination of Public Convenience or Necessity, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 4 - PC2017-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Public Convenience or Necessity No. 2016-00134, contingent upon and subject to (i) approval of Conditional Use Permit No. 2016-05897, now pending, 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 conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** 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 January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2017-*** - 7 - PC2017-*** EXHIBIT “B” DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00134 (DEV2016-00121) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS RELATED TO ALCOHOLIC BEVERAGE SALES 1 Managers/Owners shall call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The number is 714-558-4101. Police Department 2 The activities occurring in conjunction with the operation of the convenience market shall not cause noise disturbances to surrounding properties. Police Department 3 The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. Police Department 4 The door(s) shall be kept closed at all times during the operation of the business premises except in cases of emergency. Said door(s) shall not consist of a screen or ventilated security door. Police Department 5 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the business premises. Police Department 6 There shall be no exterior advertising or sign of any kind or type associated with the premises in which the convenience market will operate, including advertising directed to the exterior from within, promoting or indicating the availability of beer, wine, and/or distilled spirits. Interior displays within the liquor store of beer, wine, and/or distilled spirits or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 7 Security measures for the convenience market shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Any security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. Police Department 8 No display of beer, wine, and/or distilled spirits shall be located outside of that portion of the building in which the convenience market is located or within five (5) feet of any public entrance to said building. Police Department - 8 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 Sale of beer, wine, and/or distilled spirits from the convenience market shall be made to customers only when the customers are inside the building. Police Department 10 The number of persons occupying the premises shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code). Police Department 11 The possession of beer, wine, and/or distilled spirits in open containers and the consumption of beer, wine, and/or distilled spirits are prohibited on or around the Property. Police Department 12 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning and Building Department, Code Enforcement Division 13 Loitering is prohibited on or around the premises of the Property operated as a convenience under the control of the business owner. Security guards shall routinely police the area under their control in an effort to prevent the loitering of persons around the exterior of the building located on the Property. Police Department 14 The convenience market shall be operated in accordance with the Statement of Operations submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 15 Windows of the convenience market shall not be covered by advertising to the extent that the interior is not clearly visible from the outside to enable officers responding to potential emergency situations to observe any activity which may be occurring inside. At no time shall window signs exceed 20% of the window area in compliance with the Zoning Code. Police Department 16 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Police Department - 9 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 17 The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. Police Department 18 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Planning and Building Department, Code Enforcement Division GENERAL CONDITIONS 19 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 20 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 21 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division 12/05/16 To Whom It May Concern: I purchased an ABC 21 license, number 480361, from Shamsher Singh for $24,000.00, located at 8512 Katella Avenue, Garden Grove, CA 92840. The primary purpose of my business is providing my customers with a convenient storefront to purchase any basic food, tobacco or beverage item as well as general items for health and wellbeing. I strive to be a “one stop shop” for anyone who may visit my store. The liquor license will allow me to be more of a convenience to the citizens in my area. I have had an influx of customers requesting to purchase alcoholic beverages from my store in the last year. Granting this license would cater to their desire to buy liquor and there are only two similar businesses, to my knowledge, within 1 mile of my location and there are no neighborhoods or schools in the immediate area that would be negatively affected by the granting of this license. Currently my beer sales are roughly 20 percent of my sales and during the winter that decreases; when people are consuming more liquor than beer. Granting me this license will allow my business to stay at the current profitability level all year long and will increase my sales overall throughout the year. I believe having the liquor license will increase my sales by 10-15 percent overall. I also will keep all of the liquor behind the counter and it will be out of the reach of the public while they are in my store. While my business does not cater to a specific need for liquor, it does cater to the convenience for individuals looking to purchase alcohol on their way home or on the way to a gathering. I plan to check identification on all individuals purchasing liquor from my establishment and will not allow third party sales to underage individuals. If an individual comes into my location and I feel as though they are inebriated, I will exercise my right to deny sales to that person and contact the proper authorities. Please feel free to contact me if you have any other questions at 619-962-9250. Thank you, ARSC Inc. DBA Family Beer Wine Water Market Public Convenience or Necessity for alcohol sales. 2034 w Lincoln Ave Anahiem ca 92801 ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 6 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JANUARY 23, 2017 SUBJECT: VARIANCE NO. 2016-05083 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 Variance to allow reduced structural and landscape setbacks to construct a 34-unit condominium project; and 2) A Tentative Tract Map to establish a 1-lot, 34 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) and approving Variance No. 2016-05083 and 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. On October 17, 2016, the Planning Commission denied a request to develop a 35-unit, affordable condominium development on the site. The Commission’s denial was based largely on the fact that the project did not include any on-site guest parking spaces. The applicant subsequently appealed the Commission’s decision to the City VARIANCE NO. 2016-05083 AND TENTATIVE TRACT MAP NO. 18046 January 23, 2017 Page 2 of 5 Council. The appeal was considered by the City Council at its November 22, 2016 meeting. Following the close of public testimony, the applicant requested that the City Council table the appeal to provide an opportunity to consider alternate plans that addressed guest parking concerns. The applicant now proposes a revised project which contains one less unit than previously proposed, eliminates the affordability component and fully complies with the City’s parking requirements, including the provision of guest parking spaces. The revised proposal is described below. PROPOSAL: The applicant requests Planning Commission approval of a variance to allow reduced building and landscape setbacks, and a tentative tract map, to allow construction of a proposed 34-unit condominium complex. The project would be comprised of two, 3-story buildings. The buildings include ground level, 2-car tandem garages with 2-story units above. Nine guest parking spaces would be provided in compliance with Zoning Code. Each unit would be approximately 1,000 square feet in size and feature two bedrooms, two bathrooms, a living/dining area, kitchen, and a private balcony on the second floor. Vehicular access to Lincoln Avenue would be provided via a 24-foot wide drive aisle. Project amenities include 6,860 square feet of common open space, including a common picnic area with a shade trellis. FINDINGS AND ANALYSIS: Building and Landscape Setback Variances: A variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other properties under identical zoning classification in the vicinity; 2) That, because of special circumstances, shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. VARIANCE NO. 2016-05083 AND TENTATIVE TRACT MAP NO. 18046 January 23, 2017 Page 3 of 5 The RM-4 Zone requires a combination of structural and landscape setbacks, including enhanced setbacks from the southerly property line due to the adjacent single-family residences. The following table lists the setback standard requirements and the requested reductions. Each specific request is discussed in detail below. Setback RM-4 Zone Standards Proposed Project Landscaped Planter Width North (adjacent to Lincoln Ave.) East (adjacent to RV storage) South (adjacent to vacant lot) West (adjacent to apartments) 20 feet (avg.) 5 feet 10 feet** 5 feet 12’-6”* 0 feet* 10 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 (avg.) 20 feet 55 feet** 20 feet 12’-6”* 13’-4”* 10 feet* 28’-6” *Variance required **Within 150 feet of a Single-Family Residential Zone Front Landscape Setback: As noted above, the applicant is proposing a 12’-6” building setback adjacent to Lincoln Avenue where an average of 20 feet is required (with a 15’ minimum). The applicant is required to dedicate seven feet of property along the Lincoln Avenue frontage; however, there are no immediate plans to widen Lincoln Avenue so the area to be dedicated would remain landscaped for the foreseeable future and be contiguous with the on-site landscaping proposed. Therefore, a 19’-6” wide landscaped setback would be provided until such time that Lincoln Avenue is widened. Structural Setback from Single-Family Residences: Due to its proximity to a single-family residential neighborhood to the south, the project would not meet the required structural setback of 55 feet for a three story building. To help mitigate the reduced setback, the project would meet the required landscape setback and would be physically divided from the nearest single family residential neighborhood on Tola Avenue by an existing 75-foot wide flood control channel. Interior Setbacks: Although no landscape setback is provided from the east property line, the project is designed to provide a pedestrian walkway and private ground floor patios, which would create a modest and aesthetically pleasing buffer from the adjacent land use. The adjacent property is owned by Southern California Edison and is improved with overhead transmission lines. The property is also used to store recreational vehicles, and given then presence of the transmission lines, it is unlikely that the property would be developed with a more intense land use than what is presently there. The landscape setback from the west property line is proposed at 4’-6” where five feet are required. Staff believes that the requested variances are justified due to the extremely narrow width of the property (85 feet). In fact, this is the narrowest parcel located on Lincoln Avenue between Dale Avenue and Magnolia Avenue. The project includes reduced setbacks due to the narrow width of the property. This makes it difficult to develop the property while providing the requisite vehicle back-up clearances and trash and fire truck turnaround. As proposed at 29 dwelling units VARIANCE NO. 2016-05083 AND TENTATIVE TRACT MAP NO. 18046 January 23, 2017 Page 4 of 5 per acre, the project is far below the allowable density of 36 dwelling units per acre. Therefore, staff does not believe that the applicant is attempting to overbuild the site. Due to the narrow width of the property, combined with a front landscape design that would achieve a similar effect as the full setback, the full southerly landscape setback, the passive land use adjacent to the east, and the separation from the single-family residences, staff is supportive of the setback variance requests. Parking Requirements: Based on the 34 two-bedroom units proposed, the applicant is required to provide a total of 77 parking spaces, nine of which must be open guest spaces. The project would meet this requirement with 68 garaged spaces (two tandem spaces per unit), and nine open spaces centrally located near the common recreation area and truck turnaround. 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 which encourages attractive porches, and detailed facade treatments, which create visual interest. 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 29 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. The project would also be consistent with the City’s Housing Element by adding high quality, well maintained housing stock, and would contribute to the availability of a range of VARIANCE NO. 2016-05083 AND TENTATIVE TRACT MAP NO. 18046 January 23, 2017 Page 5 of 5 housing choices for a variety of incomes. 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 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: Staff recommends that the Planning Commission approve the requested variances because there are special circumstances related to the narrow shape of the property, otherwise, the applicant would be unable to develop the property in accordance with the requirements of the zoning classification. Staff also recommends that the Planning Commission approve the proposed tentative tract map because 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 Variance Resolution 2. Draft Tentative Tract Map Resolution 3. Project Summary 4. CEQA Checklist 5. Variance Justification Letter 6. Project Plans 7. Tentative Tract Map 8. Site Photographs RM-4NURSERY C-GCAR WASH RM-4SANMARCUS56 DU RS-2S.F.R. RS-2SINGLE FAMILY RESIDENCE 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-GRETAIL RM-4FRANCISCANAPARTMENTS70 DU RM-4SAN CARLOSAPARTMENTS56 DU C-GRETAIL R M -4 A P A R T M E N T S RM-4S.F.R. RM-4NORMANDYAPARTMENTS70 DU T (M H P ) L I B E R T Y T R A V E L P A R K 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 T S O U T H E R N C A L I F O R N I A E D I S O N C O . E A S E M E N T RM-4APARTMENT C-G (MHP)WESTERNSKIESTRAILERPARK T R V S T O R A G E RS-2S.F.R. RS-2S.F.R. O.C.F.C.D. RS-2SINGLE FAMILY RESIDENCE RM-4DUPLEX C-GDUPLEX W 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. BALL RD W. BROADWAY W. ORANGE AVE W. CRESCENT AVE S . D A L E A V E W. LINCOLN AVE . CRESCENT AVE S . W E S T E R N A V E S . B R O O K H U R S T S T N . B R O O K H U R S T S T W. LINCOLN AVEW. LINCOLN AVE 2726 West Lincoln Avenue DEV No. 2016-00136 Subject Property APN: 126-022-18126-022-17 °0 50 100 Feet Aerial Photo:June 2015 W 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. BALL RD W. BROADWAY W. 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 S . B R O O K H U R S T S T N . B R O O K H U R S T S T W. LINCOLN AVE 2726 West Lincoln Avenue DEV No. 2016-00136 Subject Property APN: 126-022-18126-022-17 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING VARIANCE NO. 2016-05083 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00136) (2726 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified application for Variance No. 2016-05083 to permit the construction of 34 single-family attached residences with building and landscape setbacks narrower than required by the Anaheim Municipal Code (the “Code”) (collectively referreded to herein as “Proposed 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, located in the "RM- 4" Multiple-Family Residential Zone, and is developed with four single family homes. The Property is designated on the Land Use Element of the General Plan for "Medium Density Residential" land uses; and WHEREAS, Variance No. 2016-05083 was submitted in conjunction with Tentative Tract Map No. 18046 to establish a 1-lot, 34-unit attached condominium subdivision (the "Project"); and WHEREAS, on January 23, 2017, 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 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 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 - 2 - PC2017-*** 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 with respect to the request to construct 34 single-family attached residences with building and landscape setbacks that are narrower than required by the Code, has determined that Variance No. 2016-05083 should be approved for the following reasons: SECTION NO. 18.06.090.010.0101 Minimum front landscaped and structural setback. (20 feet required; 12 feet, 6 inches proposed) SECTION NO. 18.06.090.030 Minimum interior setback. (20 feet structural, 5 feet landscape required; 13 feet, 4 inches structural, 0 to 4 feet, 6 inches landscape proposed) SECTION NO. 18.06.090.040 Minimum setback within 150 feet of single- family residential. (55 feet required; 10 feet proposed) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project. The property has a narrow shape, which presents unique challenges to this site not experienced by other nearby properties in the same zone. The Project doesn’t not comply with the above setback requirements due to the narrowness of the lot and the required vehicle back up clearance of the open parking spaces proposed, as well as the trash and fire truck turnaround. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity due to the limited developable area, specifically the narrow width of portions of the property. In fact, this is the narrowest parcel located on Lincoln Avenue between Dale Avenue and Magnolia Avenue. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 3 - PC2017-*** NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission, for the reasons hereinabove stated, does hereby approve Variance No. 2016-05083 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 January 23, 2017. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** 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 January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” VARIANCE NO. 2016-05083 (DEV2016-00136) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 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 2 OCFCD permit is required for the connection to the Carbon Creek Channel. Public Works Department, Development Services Division 3 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 4 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 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 Department, Development Services Division 6 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 7 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 - 7 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 8 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 9 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 10 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 11 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 12 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 13 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 14 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 15 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 Public Utilities Department, Water Engineering Division - 8 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 16 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 17 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 18 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 19 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 20 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 Public Utilities Department, - 9 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT be posted with the City of Anaheim. Water Engineering Division 21 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 22 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 23 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 24 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 25 All required site WQMP items shall be inspected and operational. Public Works Department, Development Services Division 26 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 27 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 Division 28 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 - 10 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 29 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 30 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 31 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 32 Curbing shall be painted red designating area for trash truck turnaround. Public Works Department, Operations Division 33 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 34 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 35 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 36 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 Planning and Building Department, Planning Services Division - 11 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 37 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 38 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 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 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 18046 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00136) (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 34 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 Variance No. 2016-05083, 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 - PC2017-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2017, 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 Variance No. 2016-05083; 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) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, - 3 - PC2017-*** 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 January 23, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** 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 January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 18046 (DEV2016-00136) 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 approved Drainage Report. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. Public Works Department, Development Services Division - 7 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 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 9 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 VARIANCE NO. 2016-05083 Development Standard RM-4 Standards (minimum unless noted) Proposed Project (*Variance Requests) Site Area (min 1,200 s.f./unit) 0.94 1.176 acres Density 36 du/acre maximum 29 du/acre Lot Coverage 55% maximum 36% Recreation-Leisure Area 6,800s.f. 6,860 s.f. Floor Area 825 s.f. 1,227 s.f. Building Height 40 feet maximum 31’-4” Setbacks Between Buildings 40 feet 81’-10” Landscaping Setback  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** 5feet 12’-6”* 0 feet* 10 feet 4’6”* Structural 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 12’-6”* 6 feet* 10 feet* 28’-6” Parking 77 spaces 77 spaces **Within 150 feet of a Single-Family Residential Zone ATTACHMENT NO. 3 CITY OF ANAHEIM ENVIRONMENTAL CHECKLIST FORM CLASS 32 CATEGORICAL EXEMPTION INFILL DEVELOPMENT PROJECTS** CASE NO.: D D DEVELOPMENT CASE NO. 2016-00136 DEVELOPMENT CASE NO. 2016-00136 VARIANCE NO. 2016-05083 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 a variance to allow reduced building and landscape setbacks, and a tentative tract map to allow construction of a proposed condominium complex. The Proposed Project includes the demolition of four single-family residences and the construction of a condominium subdivision comprised of two, 3-story buildings. The buildings include ground level, 2-car tandem garages with 2-story units above. Nine guest parking spaces would be provided. 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 6,860 square feet of common open space, including a common picnic area with a shade trellis. 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 34 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 34-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 30 units is equivalent to 17 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 34-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 34-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 34-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 34-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 34-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 30 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. 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 34-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. 1 Table 5.13-14 of the Anaheim General Plan/Zoning Code Update EIR 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. 1 to VAR2016-05083, 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. 2 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, prior to issuance of grading permit, 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 16633 Ventura Blvd., Suite 1014 Encino, California 91436 Land Planning, Finance & Development Tel. 818-380-2600 Fax. 818-380-2603 January 16, 2017 Nick Taylor City of Anaheim 200 S Anaheim Blvd. Anaheim, CA 92805 Re: Variance Request and Justification Presidio Townhomes - 2726 W. Lincoln Avenue Mr. Taylor, This letter is to request a variance be granted by the Planning Commission per Section 18.74 of the Anaheim Municipal Code for the property located on 2726 W. Lincoln Avenue. A variance is being requested for the following required setbacks:  Reduced Front Structural Setback – 20 feet required; 12 feet 6 inches proposed  Reduced Rear Structural Setback– 55 feet required, 10 feet landscaped proposed  Reduced Side Structural Setback– 15 feet required, 13 feet 4 inches proposed Per Section 18.74.060.0201, due to the property’s special physical characteristics such as size and shape, the development cannot meet the required setbacks set forth in code. The narrow width of the site limits our ability to comply with the code requirements for setbacks. The neighboring properties have similar types of improvements on their properties; however they do not have the same limiting dimensions as our site. Because of these limitations, we are unable utilize our site in the same manner as neighboring properties with identical zoning. Should you have any further questions, please feel free to contact me at (818) 380-2600 Ext. 18 or at gbroussard@amgland.com Sincerely, Gene Broussard ATTACHMENT NO. 5 S H E E T T I T L E : 2 2 1 E . G L E N O A K S B L D S U I T E # 2 3 0 G L E N D A L E C A 9 1 2 0 7 F A X ( 8 1 8 ) 2 6 5 3 8 8 1 P H O N E ( 8 1 8 ) 2 6 5 3 8 8 0 P R O J E C T T I T L E : 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 KAAREN KHOUDIKIAN ARCHITECT* ARCHITECTURE* PLANNING* ENGINEERING* C0NSTRUCTION MANAGEMENT* INTERIOR DESIGN KAAREN KHOUDIKIAN ARCHITECT* ARCHITECTURE* PLANNING* ENGINEERING* C0NSTRUCTION MANAGEMENT* INTERIOR DESIGN 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 - 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 DESIGNKAAREN KHOUDIKIAN 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 - 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 - 221 EAST GLENAOKS BLVD SUITE # 230 GLENDALE CALIFORNIA 91203 UNITED STATES OF AMERICAKAAREN KHOUDIKIAN ARCHITECT* ARCHITECTURE* PLANNING* ENGINEERING* C0NSTRUCTION MANAGEMENT* INTERIOR DESIGN A - 1 A T T A C H M E N T N O . 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 KAAREN KHOUDIKIAN 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 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 KAAREN KHOUDIKIAN 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-25 ATTACHMENT NO. 7 Subject Site – Looking South Subject Site – Looking South ATTACHMENT NO. 8 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.