PC 2017/04/03
City of Anaheim
Planning Commission
Agenda
Monday, April 3, 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, March 30, 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
04-03-2017
Page 2 of 5
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission
action unless a timely appeal is filed during that time. This appeal shall be made in written
form to the City Clerk, accompanied by an appeal fee in an amount determined by the City
Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified by
the City Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in a written correspondence delivered to the Planning Commission or City Council
at, or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M.
Public Comments
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or provide public comments on agenda items with the
exception of public hearing items.
04-03-2017
Page 3 of 5
Public Hearing Items
ITEM NO. 2
RECLASSIFICATION NO. 2016-00301
(DEV2016-00109)
Location: 729 North East Street
Request: A City-initiated request to reclassify the subject
property from the RM-3 (Multiple Family Residential) zone
to the RS-2 (Single Family Residential) zone.
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.
This item was continued from the March 20, 2017 Planning
Commission meeting.
Resolution No. ______
Project Planner:
Wayne Carvalho
wcarvalho@anaheim.net
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2016-05870
ADMINISTRATIVE ADJUSTMENT NO. 2017-00398
(DEV2016-00030)
Location: 640 West Katella Avenue,
1801 South Harbor Boulevard, and
1831 South Harbor Boulevard
Request: To permit an electronic message board sign that
would be visible from the public right-of-way within a hotel
complex with a greater height than permitted by the Zoning
Code.
Environmental Determination: The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California Environmental
Quality Act and Guidelines as a Class 11 (Accessory
Structures) Categorical Exemption.
Resolution No. ______
Project Planner:
Elaine Thienprasiddhi
ethien@anaheim.net
04-03-2017
Page 4 of 5
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 2016-05899
DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2016-00133
(DEV2016-00127)
Location: 2940 West Lincoln Avenue
Request: The applicant requests approval of the following
land use entitlements: (i) a conditional use permit 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 (ii) an associated Determination of Public
Convenience or Necessity to permit the off-premises sales
and consumption of alcoholic beverages for an existing
convenience 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:
Lindsay Ortega
lortega@anaheim.net
ITEM NO. 5
RECLASSIFICATION NO. 2016-00294
CONDITIONAL USE PERMIT NO. 2016-05875
TENTATIVE TRACT MAP NO. 18038
(DEV2016-00043)
Location: 3315 - 3325 West Lincoln Avenue
Request: The applicant requests approval of the following
land use entitlements to permit the development of a 22-unit,
three story attached single-family residential project: (i)
reclassify the westerly property from the C-G (General
Commercial) Zone to the RM-3 (Multiple Family Residential)
Zone; (ii) a conditional use permit to allow an attached single-
family residential development with modified development
standards; and (iii) a tentative tract map to establish a 22-lot
residential subdivision.
Environmental Determination: The Planning Commission will
consider whether to find the project to be Categorically
Exempt from the provisions of the California Environmental
Quality Act and Guidelines as a Class 32 (In-Fill Development
Projects) Categorical Exemption.
Resolution No. ______
Resolution No. ______
Resolution No. ______
Project Planner:
Lindsay Ortega
lortega@anaheim.net
Adjourn to Monday, April 17, 2017 at 5:00 p.m.
04-03-2017
Page 5 of 5
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
11:00 a.m. March 29, 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
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origin in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate alternative
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accommodation, aid or service by contacting the Planning and Building Department either in
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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: APRIL 3, 2017
SUBJECT: RECLASSIFICATION NO. 2016-00301
LOCATION: 729 North East Street
APPLICANT/PROPERTY OWNER: This is a City-initiated application. The
property owner is Samuel Martinez.
REQUEST: This is a City-initiated request to reclassify, or rezone, an
approximately 8,500 square foot property from the “RM-3” Multiple Family
Residential zone to the “RS-2” Single Family Residential zone.
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 Reclassification No. 2016-00301.
BACKGROUND: The subject 8,500 square foot lot is located in the “RM-3”
Multiple Family Residential zone and currently occupied with a single family home.
The General Plan designates the property for Low Density Residential land uses. The
property is the only remaining RM-3 zoned lot in the vicinity and is surrounded by
single family homes in the RS-2 zone.
The item was continued from the March 20 Planning Commission meeting. During
the public hearing on this item, a Planning Commissioner inquired as to whether the
requested action’s potential impact on the property’s value had been discussed with
the property owner. Staff recommended that the matter be continued so such
information could be discussed with the owner. Staff had a subsequent meeting with
the property owner to discuss the matter. The owner understands the implications of
the requested rezoning and has submitted a written statement supporting the request
(Attachment No. 4).
A proposal to reclassify the abutting property directly south at 719 North East Street
was recently approved by the Planning Commission and City Council in conjunction
with a two lot subdivision. The subject lot at 729 North East Street was originally
included in the prior reclassification request; however, the Planning Commission
voted to exclude the lot since there was no response or representation at the meeting
from that property owner. Staff has since reached out to the property owner by
visiting the site on a few occasions and mailing a certified letter describing the
RECLASSIFICATION NO. 2016-00301
April 3, 2017
Page 2 of 3
circumstances and requesting a response. A signed signature card from the property owner
was received in response to the certified mailing. After receiving the public notice, the
owner’s wife called staff on March 7, 2017 inquiring about the application. She indicated that
she understood the request and did not object to the request with the understanding that there
was no proposal for physical development or a requirement to modify existing site conditions.
PROPOSAL: The City-initiated request is to rezone the property from the RM-3 zone to the
RS-2 zone. The rezoning would bring the property into conformity with its Low Density
Residential General Plan land use designation and eliminate the possibility of a futue multi-
family residential development occurring in an area surrounded by single-family residences.
The Zoning Code provides for City-initiated Reclassification requests.
EXISTING ZONING
RECLASSIFICATION NO. 2016-00301
April 3, 2017
Page 3 of 3
ANALYSIS: The subject property is the only lot in the immediate area within the “RM-3”
zone. A reclassification, or rezoning, to the “RS-2” Single Family Residential zone will result
in consistency between the zoning and General Plan designations. The RS-2 zoning requires a
minimum lot size of 7,200 square feet and a minimum lot width of 70 feet. The existing lot is
8,500 square feet in size with a 65-foot width; therefore, the lot would maintain a legal
nonconforming lot width as a result of this reclassification. The property would comply with
all other RS-2 zoning standards.
The intent of the RS-2 zone is to promote the development of attractive, safe and healthy
residential uses, and to promote development that integrates with and minimizes impacts to
surrounding land uses. The existing use will remain consistent with the City’s General Plan
land use designation of Low Density Residential and will remain compatible with other single
family residences in the area. The property owner supports the request for the reclassification
to RS-2 and for these reasons, staff recommends approval of the reclassification request.
Environmental Impact Analysis: Staff recommends the Planning Commission find that the
effects of the proposed reclassification is typical of projects generated within Class 1 –
Existing Facilities, as there are no physical improvements proposed as part of the
reclassification, and therefore, pursuant to Section 15301 of Title 14 of the California Code of
Regulations, will not cause a significant effect on the environment and is categorically exempt
from the provisions of CEQA.
CONCLUSION: The proposed reclassification of the property from the “RM-3” Multiple
Family Residential Zone to "RS-2" Single-Family Residential Zone is consistent with the Low
Density Residential Land use designation in the General Plan and would prevent any potential
incompatible multiple family use in the future. No physical change or new development is
proposed as part of this rezoning. Therefore, staff recommends approval of the
reclassification.
Prepared by, Submitted by,
Wayne Carvalho Jonathan E. Borrego
Contract Planner Planning Services Manager
Attachments:
1. Draft Reclassification Resolution
2. Certified Letter sent to Applicant
3. Aerial Map and Street View Photos
4. Letter of support from Samuel Martinez, property owner
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[DRAFT] ATTACHMENT NO. 1
- 1 - PC2017-***
RESOLUTION NO. PC2017-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2016-00301
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00109)
(729 NORTH EAST STREET)
WHEREAS, pursuant to the authority conferred upon the Planning Director under
Section 18.76.030 (Initiation) of Chapter 18.76 (Zoning Amendments) of the Anaheim
Municipal Code (the "Code"), the Planning Director has initiated the reclassification of that
certain real property located at 729 North East 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 (collectively referred to herein as the "Property") from the
"RM-3" Multiple-Family Residential Zone to the “RS-2” Single-Family Residential Zone, which
reclassification is designated as Reclassification No. 2016-00301; and
WHEREAS, the Property is approximately 8,500 square feet in size and is
currently developed with a single-family residence located in the "RM-3" Multiple-Family
Residential Zone. The Anaheim General Plan designates the Properties for Low Density
Residential land uses; and
WHEREAS, the Planning Director requests to rezone or reclassify the Property
from the "RM-3" Multiple-Family Residential Zone to the "RS-2" Single Family Residential
Zone; 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, including Reclassification No. 2016-00301;
and
WHEREAS, the Planning Commission finds and determines that the Proposed
Project is 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; and
WHEREAS, on March 20, 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 proposed Reclassification No. 2016-00301 and to investigate and make findings and
- 2 - PC2017-***
recommendations in connection therewith, and the hearing was subsequently continued to the
April 3, 2017 meeting; and
WHEREAS, the Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. Reclassification of the Property from the "RM-3" Multiple-Family
Residential Zone to the "RS-2" Single-Family Residential Zone is consistent with the Property’s
existing Low Density Residential land use designation in 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 adjacent
properties to the north, south, east and west which are designated for Low Density Residential
land uses and are developed with single family homes.
3. The proposed reclassification of the Property does properly relate to the zone
and its permitted uses locally established in close proximity to the Property and to the zones and
their permitted uses generally established throughout the community in that surrounding
properties include single family residential uses within the “RS-2” Single-Family Residential
Zone.
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, pursuant to the above findings,
this Planning Commission does hereby approve Reclassification No. 2016-00301 to authorize an
amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the
Property into the "RS-2" Single-Family Residential Zone and recommends that the City Council
adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2016-
00301.
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 April 3, 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 April 3, 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 3rd day of April, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2017-***
City of Anaheim
PLANNING & BUILDING DEPARTMENT
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
January 9, 2017 via Certified Mail
Samuel Martinez
729 North East Street
Anaheim, CA 92805-2134
RE: RECLASSIFICATION (ZONE CHANGE) OF PROPERTY AT 729 NORTH EAST STREET
Dear Mr. Martinez,
The City of Anaheim Planning Commission recently approved a two lot subdivision on the
property at 719 North East Street, located directly south of your property. As part of that
action, a Reclassification was also approved to rezone the property from the RM-3
(Multiple Family Residential) to the RS-2 (Single Family Residential) zone. Planning staff
originally included your 8,496 square foot property with the Reclassification application;
however, we subsequently deleted your property from this request to ensure that you
received the proper notification and opportunity to comment on this request.
The purpose of the Reclassification is to bring consistency between the Low Density
Residential General Plan designation and the existing RM-3 (Multiple Family Residential)
zoning on the property. Attached are maps of both the General Plan and Zoning on the
properties in question. As you can see, after the zoning map is revised to reflect the City’s
action on the adjacent property, the zoning on your property would be the only remaining
RM-3 zoned lot in the vicinity. This letter is to inform you that the Planning and Building
Department proposes to initiate the Reclassification of your property at no cost to you.
If you would like further information as to the implications of the Reclassification of your
property, or if you have any questions on the process, please contact me at 714-765-4949
or wcarvalho@anaheim.net. I would be happy to discuss them with you.
Si necesita un traductor para discutir este asunto, por favor comuníquese con Gustavo
González al 714-765-4671.
Thank you for your attention on this matter.
Sincerely,
Wayne Carvalho
Contract Planner
City of Anaheim
Attachments
ATTACHMENT NO. 2
- 1 -
ATTACHMENT NO. 3
- 2 -
- 1 -
From: Gustavo Gonzalez
Sent: Wednesday, March 29, 2017 1:48 PM
To: Wayne Carvalho
Cc: David See
Subject: FW: 729 N. East St.
Wayne,
Please see below a transition of Mr. Martinez’ email to the Planning Commission:
Dear Planning Commission,
I, Samuel Martinez, am the property owner of 729 N. East Street and understand the zoning map
change proposed on my property from RM-3 to RS-2. I have met with planning staff and understand
the impacts resulting from the change and support the proposed reclassification. Thank you for the
opportunity to discuss the impacts with your staff to better understand the reasons for the
reclassification.
Sincerely,
Samuel Martinez
From: Samuel Martinez [mailto:samexcel729@hotmail.com]
Sent: Wednesday, March 29, 2017 11:58 AM
To: Gustavo Gonzalez
Subject: 729 N. East St.
Estimada Comisión de Planificación,
Yo, Samuel Martínez, soy el dueño de la propiedad ubicada en el
domicilio 729 N. East Street y entiendo el cambio de mapa de
zonificación de RM-3 a RS-2 propuesto en mi propiedad. He estado
en contacto con el departamento de planificación y entiendo los
impactos que resultaran con el propuesto cambio y estoy de acuerdo.
Gracias por la oportunidad de informarnos más acerca de este
proyecto y entender mejor las razones de la reclasificación de mi
propiedad.
Sinceramente,
(Firma)Samuel Martínez
Samuel Martinez
Enviado desde mi iPhone
ATTACHMENT NO. 4
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: APRIL 3, 2017
SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05870 AND
ADMINISTRATIVE ADJUSTMENT NO. 2017-00398
LOCATION: 640 West Katella Avenue, 1801 South Harbor Boulevard, and
1831 South Harbor Boulevard
APPLICANT/PROPERTY OWNER: The property owners are SDRP-I, LLC,
represented by Nilesh Madhav; M6 DEV, LLC, represented by Rashik Patel; and,
M8 DEV, LLC, represented by Mayur Patel. The applicant is Stephen Jennemann,
representing T2 Development.
REQUEST: The applicant is requesting approval of a Conditional Use Permit to
allow an electronic message board that would be visible from the public right-of-
way; and, an Administrative Adjustment to allow the electronic message board to be
located at a height that is higher than permitted by the Zoning Code.
RECOMMENDATION: Staff recommends that the Planning Commission approve
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. 2016-05870
and Administrative Adjustment No. 2017-00398, under the conditions imposed.
BACKGROUND: This 5.1-acre hotel complex is comprised of three parcels at the
southwest corner of Harbor Boulevard and Katella Avenue. The parcels are
developed with three hotels, the Portofino Inn & Suites, the Springhill Suites, and
Residence Inn. Each of the hotels has ground floor retail and/or restaurant tenants.
The three hotel developments are on separate parcels, but have common ownership
and have reciprocal access and parking. The site is located within the Commercial
Recreation (C-R) District of the Anaheim Resort Specific Plan (ARSP) and
designated for Commercial-Recreation land uses by the General Plan. Surrounding
land uses include a 7-Eleven convenience store, hotel and car rental agency to the
north, across Katella Avenue; a hotel to the south; a restaurant and hotels to the east,
across Harbor Boulevard; and the Anaheim Convention Center to the west.
PROPOSAL: The applicant proposes to install a 140-square foot electronic message
board on a parking structure located within the hotel complex. The parking structure
is set back 260 feet from Katella Avenue and located immediately south of the
CONDITIONAL USE PERMIT NO. 2016-05870 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00398
April 3, 2017
Page 2 of 4
Residence Inn. The electronic message board would be visible from Katella Avenue via the
driveway and the approximate 75-foot wide view corridor between the Residence Inn and
Springhill Suites. The face of the electronic message board would be 14 feet tall and ten feet
wide. The top of the electronic message board would be a maximum height of 27 feet above
grade. The electronic message board would have a sensor that would automatically adjust its
brightness based on ambient lighting. The applicant indicated in their letter of request that the
purpose of the electronic message board is to serve as a changing art display and to welcome
groups staying at the hotels, and that no off-site advertising will be displayed.
FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each
requested action:
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;
CONDITIONAL USE PERMIT NO. 2016-05870 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00398
April 3, 2017
Page 3 of 4
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.
In the ARSP, changeable copy signs, including electronic message boards, for specific uses are
authorized by approval of a conditional use permit. These uses include a theater, entertainment
facility, convention center, amusement park, and hotel complexes with a minimum size of four
acres. The hotel complex meets the minimum size requirement because it is just over five acres
in size.
As indicated by the applicant, the primary purpose of the electronic message board is to
provide a campus art display and welcome on-site meetings and groups. In addition, the
electronic message board could be used to provide directional guidance within the hotel
complex and display the business names or logos of the hotels and on-site tenants. No off-site
advertising is proposed as such advertising is prohibited by the Anaheim Municipal Code. The
impacts of the electronic message board’s illumination would primarily impact visitors of the
hotel complex; therefore, it is in the applicant’s interest to monitor and address this potential
impact. The applicant has submitted a lighting analysis that indicates that the illumination
levels from the electronic message board would have a minimal impact on surrounding
properties. Illumination impacts are limited because the hotels within the complex would block
the electronic message board’s illumination from surrounding properties and the electronic
message board is located a substantial distance from the public right-of-way. In addition, the
electronic message board’s illumination would be comparable to the existing lighting for the
roadway and surrounding buildings, parking areas and driveway circulation.
Staff has included conditions of approval in the draft resolution to address potential concerns
with an electronic message board. These include a requirement for staff review of the lighting
levels within 30 days of installation to determine whether lighting levels need to be adjusted,
that images be static and displayed for a minimum of eight seconds before changing, and that
no off-site advertising be displayed. Staff believes that with the implementation of these
operating conditions, the electronic message board would not adversely affect the surrounding
neighbors.
Administrative Adjustment: Before the Planning Commission may approve an administrative
adjustment, it must make a finding of fact that the evidence presented shows that all of the
following conditions exist:
1) The adjustment is consistent with the purposes and intent of the Zoning
Code;
2) The same or similar result cannot be achieved by using provisions in the
Zoning Code that do not require the adjustment;
CONDITIONAL USE PERMIT NO. 2016-05870 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00398
April 3, 2017
Page 4 of 4
3) The adjustment will not produce a result that is out of character or
detrimental to the neighborhood.
The Zoning Code includes provisions for administrative, or staff-level, reviews for up to a ten
percent deviation from Code requirements. The Planning Director has review authority over
Administrative Adjustments, but may refer any application to the Planning Commission for
review. Since the Conditional Use Permit must be approved by the Planning Commission, the
Planning Director has referred the Administrative Adjustment to the Commission for a
comprehensive evaluation of the project. The Code limits the height of the electronic message
board to 25 feet high. The applicant requests approval of a ten percent deviation for a height of
27 feet. The reason for the deviation is that the applicant was not aware of the Code
requirements at the time that the parking structure was built, so that supports for the proposed
electronic message board were integrated into the structure during construction. Staff believes
that the since the electronic message board is a substantial distance of 260 feet from the
property line, the ten percent deviation from Code would be imperceptible to the pedestrian or
driver on Katella Avenue.
CEQA Environmental Determination: Staff recommends the Planning Commission find that
the effects of the proposed project are typical of those generated within that class of projects
(i.e., Class 11, Accessory Structures) which consist of the construction, or placement of minor
structures, including on-premises signs, accessory to existing commercial facilities, and that,
therefore, pursuant to Section 15311 of Title 14 of the California Code of Regulations, the
proposed project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA.
CONCLUSION: Staff believes that the proposed electronic message board is appropriate for a
hotel complex of this size. It is an appropriate size and scale compared to the surrounding hotel
buildings and parking structure and is located a significant distance from Katella Avenue, such
that it is primarily oriented toward guests of the hotel and visitors to the site. Therefore, staff
recommends approval of the requested conditional use permit and administrative adjustment
subject to the recommended conditions of approval.
Prepared by, Submitted by,
Elaine Thienprasiddhi Jonathan E. Borrego
Senior Planner Planning Services Manager
Attachments:
1. Draft Resolution
2. Letter of Request
3. Lighting Analysis
4. Administrative Adjustment Justification
5. Plans
6. Photos
DEV 2016-00030RESIDENCE INNMARRIOTT
SP 92-2DA1IHOP
SP 92-2DA2HILTON ANAHEIM
SP 92-1DA17-11MARKET
SP 92-1DA1CANDY CANE INN
SP 92-2DA1ANAHEIM RESORTRETAIL CENTER
SP 92-2DA1HYATT HOUSE HOTEL
SP 92-2DA1RED LION HOTEL
SP 92-2DA2PARKING STRUCTURE
SP 92-2DA1SPRINGHILL SUITES BY MARRIOTT
SP 92-2DA1PORTOFINO INN & SUITES
SP 92-1DA1ABC MART
SP 92-2DA1SHERATON PARKHOTEL
SP 92-1DA1CALIFORNIA ADVENTURE
SP 92-2DA2HILTON ANAHEIM
SP 92-2DA1VACANT
SP 92-1DA1ANAHEIM DESERT PALMS HOTEL
SP 92-1DA1NATIONALCAR RENTAL
SP 92-2DA1PARKING LOT
SP 92-1DA1ALPINEMOTELSP 92-1DA1CALIFORNIA ADVENTURE
SP 92-2DA2ANAHEIM CONVENTIONCENTER
SP 92-2DA2ANAHEIM CONVENTIONCENTER
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[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. 2016-05870 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00398 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00030)
(640 WEST KATELLA AVENUE, 1801 SOUTH HARBOR BOULEVARD,
AND 1831 SOUTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-
05870 to permit an electronic message board that would be visible from the public right-of-
way, and Administrative Adjustment No. 2017-00398 to allow said electronic message board
to be located at a height that is higher than permitted by Title 18 (Zoning) of the Anaheim
Municipal Code (the "Zoning Code") (collectively referred to herein as the "Proposed
Project") for premises located within a portion of that certain real property at 640 West
Katella Avenue, 1801 South Harbor Boulevard and 1831 South Harbor Boulevard 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 5.1 acres in size and is currently
developed with three hotels and a parking structure. The Property is located within the
boundaries of the Commercial Recreation (C-R) District (Development Area 1) of the
Anaheim Resort Specific Plan area and is subject to the zoning and development standards set
forth in Section 18.116.060 (Development Density Areas – Commercial Recreation (C-R)
District (Development Area 1)) and Section 18.116.070 (Uses – Commercial Recreation (C-
R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2
(SP 92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim
Municipal Code (the "Code"). The Anaheim General Plan designates the Property for
Commercial Recreation land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 3, 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 Zoning Code, to hear and consider evidence for and against
proposed Conditional Use Permit No. 2016-05870 and Administrative Adjustment No. 2017-
00398, 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 Proposed
Project is 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 facilities.
Section 15311 of the State CEQA Guidelines (commencing with Section 15000 of Title 14 of
the California Code of Regulations; herein referred to as the "State CEQA Guidelines")
provides examples of projects that qualify for an exemption from the provisions of CEQA.
The example that is applicable to the Proposed Project is for on-premise signs. The Proposed
Project fits within that example and, therefore, pursuant to Section 15311 of the State CEQA
Guidelines, will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission, 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. 2016-
05870, does find and determine the following:
1. The proposed electronic message board is within a 5.1-acre hotel complex
and is permitted within Development Area 1 of the Anaheim Resort Specific Plan with a
conditional use permit under Table 116-K (Permitted, Conditionally Permitted and Prohibited
Signs) of Section 18.116.160.030 of the Zoning Code.
2. The proposed electronic message board, under the conditions imposed,
would not adversely affect the adjoining land uses and the growth and development of the
area in which it is proposed to be located because the electronic message board would be
setback approximately 260 feet from the public right-of-way that the electronic message board
would face. Additionally, the lighting analysis indicates that light levels at the property line
would be very low.
3. The size and shape of the site for the use is adequate to allow the full
development of the electronic message board in a manner not detrimental to the particular area
or to the health and safety because it would be mounted to an existing parking structure and
set back a substantial distance from the street.
4. The electronic message board will not generate traffic; therefore it would
not impose an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
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 as the
proposed electronic message board will be mounted to an existing parking structure and set
back a substantial distance from the street.
- 3 - PC2017-***
WHEREAS, the Planning Commission does further find and determine that the
request for Administrative Adjustment No. 2017-00398 should be approved for the following
reasons:
SECTION NO. 18.116.160.030 Maximum height.
(25 feet permitted; 27 feet proposed)
1. The adjustment is consistent with the purposes and intent of the Zoning
Code because the proposed electronic message board would be set back a substantial distance
from the ultimate right-of-way, such that this minor deviation in height would be
imperceptable.
2. The same or similar result cannot be achieved by using provisions in the
Zoning Code that do not require the adjustment because the structural supports for the
electronic message board are integrated into the parking structure to which it is attached.
3. The adjustment will not produce a result that is out of character or
detrimental to the neighborhood since the electronic message board will be centrally located
within the campus and will be oriented toward guests of the campus hotels and other visitors
to the site.
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. 2016-05870 and Administrative Adjustment No.
2017-00398, contingent upon and subject to the conditions of approval set forth in Exhibit B
attached hereto and incorporated herein by this reference. Said conditions are hereby found to
be a necessary prerequisite to the proposed use of the Property in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim. Extensions for further time
to complete conditions of approval may be granted in accordance with Section 18.60.170 of
the Code. Timing for compliance with conditions of approval may be amended by the
Planning Director upon a showing of good cause provided (i) equivalent timing is established
that satisfies the original intent and purpose of the condition(s), (ii) the modification complies
with the Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
- 4 - PC2017-***
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
Zoning 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 3, 2017. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Zoning 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 April 3, 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 3rd day of April 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2017-***
- 7 - PC2017-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2016-05870
ADMINISTRATIVE ADJUSTMENT NO. 2017-00398
(DEV2016-00030)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1 As indicated in the applicant’s letter of request, the electronic message
board shall serve as a campus art display and to welcome on-site groups
and meetings. The electronic message board may also be used to
provide directional guidance within the hotel complex and display the
business names and/or logos of the hotels and tenants within the hotel
complex. The electronic message board shall not include off-site
advertising of any kind.
Planning and Building
Department,
Planning Services
Division
2 Staff shall review lighting levels of the sign within 30 days of operation
to determine whether levels need to be adjusted. Staff shall continue to
have the ability to review the lighting levels following 30 days, should
the City receive complaints related to the brightness of the sign.
Planning and Building
Department,
Planning Services
Division
3 All images displayed on the sign shall be static and displayed for a
miminum of eight second before changing.
Planning and Building
Department,
Planning Services
Division
GENERAL CONDITIONS OF APPROVAL
4 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
5 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
6 The subject Property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim by the
petitioner and which plans are on file with the Planning Department,
and as conditioned herein.
Planning and Building
Department,
Planning Services
Division
March 22, 2017
Elaine Thienprasiddhi
Anaheim Planning Department
200 South Anaheim Blvd., Suite 162
Anaheim, CA 92805
RE: Anaheim Residence Inn
640 W. Katella Anaheim, CA 92802
Video Screen Permit – Letter of Justification
Building Permit Reference Number 2014-02010
Dear Elaine Thienprasiddhi
This correspondence is in response to your recent request to further designate
the use of the sign for issuance of conditional use permit for the video screen.
Our intent is to utilize this sign as our campus’ art display or as a welcoming
format. The static images would rotate at approximately 8 second intervals. We
only intend to use this sign for On-premise images only, no 3rd party advertising
will be displayed.
Our firm owns this hotel and the surrounding hotels on the campus and the campus
shares the green space as a gathering place for our guests.
If you have any questions pertaining to this issue, please contact us. We
appreciate you working with us to obtain our conditional use permit for our video
message board.
Best regards,
Stephen A. Jennemann
Project Manager
File: Correspondence City of Anaheim
CC: Mont Williamson
Rashik Patel
ATTACHMENT NO. 2
April 4, 2016
City of Anaheim Planning Department
200 S. Anaheim Blvd.
Anaheim, CA 92805
Re: Lighting Analysis for Anaheim Marriot Residence Inn Digital Display
To Whom This May Concern:
The accompanying information pertains to the single-sided digital display proposed for Marriot
Residence Inn located at 640 Katella Ave. in Anaheim. We hope you find the following information
beneficial.
The accompanying illumination level is calculated in footcandles and is based on nighttime running
levelsi at a measurement height of five feet above ground level (which is approximately eye height)ii.
The lighting level is based on a worst-case scenario of an all-white display. Actual levels will be much
lower than what is represented in this document, as typical content runs at 25 to 35 percent of the
brightness of an all-white display.
Additionally, the accompanying estimated illumination level assumes absolute darkness with regard to
surrounding ambient light. In other words, the presence of ambient light producing elements at night
including but not limited to roadway lighting, building lighting, commercial lighting, parking lot lighting,
the moon, etc. will further diminish the impact of the light output from the proposed display.
It is important to note that we only included one illumination level because there is only a small area the
display will be viewable from Katella Ave. The majority of the display’s illumination will be blocked by
the adjacent hotel buildings. Thus, the majority of illumination will reside within the hotel campus and
thus, the display is estimated to have a minimal impact on the surrounding area. The viewable area on
Katella Ave. is identified on the site plan at a distance of 255’ directly in front of the display. The
estimated illumination level at that location in footcandles is 0.165. To put this level into perspective, it
is essentially 16.5% of the light of a single wax candle measured one foot away. This calculated light
level on Katella Ave. is half of the industry standard of 0.3 footcandles above ambient light, measured
at an appropriate distance.
Finally, it is important to note the illumination levels are only representative of Daktronics Galaxy GS6
series digital displays. Other digital display manufacturers may use different LEDs which have different
light emissions.
Daktronics is committed to providing digital displays that adhere to the regulatory environment, working
closely with our customers for a responsible approach to the market.
Please let me know if you have any questions or concerns.
ATTACHMENT NO. 3
201 Daktronics Dr. PO Box 5128
Brookings, SD 57006-5128
tel 800-325-7446 605-692-0200
fax 605-692-0381
www.daktronics.com
DF
-02
7
6
6
Sincerely,
DAKTRONICS, INC.
Angela Bailey
Signage Legislation
605-692-0200
i Please note, while the sign’s brightness during daylight hours would be almost always incidental, there may be
times in which the sign would produce illumination levels above ambient light during such hours. Examples when
such an occurrence could happen would be during a very dark and stormy day. It is important to note, however,
that the sign is equipped with a working photo-sensor that automatically adjusts its brightness based on ambient
light. The photo-sensor adjusts the sign’s brightness to lower levels, preventing the sign from appearing overly
bright during those rare occasions where its brightness would exceed ambient light.
ii Also note, the illumination levels cited take into account the height above ground level of 25 ft and provide the
illumination which will be measured by the testing meter located 5 feet above ground level.
March 3, 2017
Elaine Thienprasiddhi
Anaheim Planning Department
200 South Anaheim Blvd., Suite 162
Anaheim, CA 92805
RE: Anaheim Residence Inn
640 W. Katella Anaheim, CA 92802
Video Screen Permit – Letter of Justification
Building Permit Reference Number 2014-02010
Dear Elaine Thienprasiddhi
This correspondence is a letter of justification for the Planning Director’s
consideration for the adjustment in the height of the sign requested.
The initial sign supports were installed as part of the structural construction of the
project. We have lowered the sign as low as possible to meet the code
requirements while still utilizing two of the structural supports initially installed.
To relocate the structural supports will be very costly and may cause structural
concerns for the structure. Based on the great distance of the sign from the street,
the 2.5 feet deviation would be imperceptible to the pedestrian or driver on
Katella Avenue.
We request an adjustment to the maximum height of the sign be considered for
the above reasons.
If you have any questions pertaining to this issue, please contact us. We
appreciate you working with us to obtain our conditional use permit for our video
message board.
Best regards,
Stephen A. Jennemann
Project Manager
File: Correspondence City of Anaheim
CC: Mont Williamson
Rashik Patel
ATTACHMENT NO. 4
ATTACHMENT NO. 5
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6
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
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www.anaheim.net
ITEM NO. 4
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: APRIL 3, 2017
SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05899 AND
DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2016-00133
LOCATION: 2940 West Lincoln Avenue (Circle K)
APPLICANT/PROPERTY OWNER: The applicant is Kashmir Singh and the
property owner is Mohamad Ibrahim Family Trust.
REQUEST: The applicant is requesting approval of a conditional use permit to
upgrade an existing “Type 20” Off-Sale Beer and Wine 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 (Circle K).
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. 2016-05899 and Public Convenience or
Necessity No. 2016-00133.
BACKGROUND: This 1.04-acre property is developed with a 1,162 square foot
convenience market located within an existing multi-tenant shopping center. The
property is located within the “C-G” General Commercial zone and the General Plan
designates this property for Corridor Residential land uses. The property is
surrounded by commercial uses to the east, south, and west, and a vacant property
and apartment complexes to the north, across Lincoln Avenue.
PROPOSAL: The applicant proposes to upgrade alcohol sales from beer and wine
to full alcoholic beverages for off-site consumption. No exterior changes to the
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,
tobacco products and lottery tickets. The store currently operates 24 hours a day,
seven days a week and there are three employees.
There are no existing zoning entitlements associated with this convenience store;
therefore, the existing sale of beer and wine for off-site consumption is considered a
legal-nonconforming use.
CONDITIONAL USE PERMIT NO. 2016-05899 AND DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2016-00133
April 3, 2017
Page 2 of 4
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 sales of alcoholic beverages for off-site consumption 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 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, limiting the
amount of alcoholic beverage displays to a maximum of 25 percent, and requiring ABC LEAD
(Licensee Education on Alcohol and Drugs) training for employees. The convenience store
currently offers beer and wine sales without a conditional use permit, so 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 there is no expansion of
the building requested. 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.
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. However, the law also states that such
restrictions can be waived if the local jurisdiction makes a determination that the proposed
outlet would serve "public convenience or necessity." In this case, the subject property is in an
area that exceeds the City’s average crime rate. Since the area’s crime rate is above the city-
wide average, a “determination of public convenience or necessity" is required.
CONDITIONAL USE PERMIT NO. 2016-05899 AND DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2016-00133
April 3, 2017
Page 3 of 4
This property is located within Census Tract No. 869.03, which has a population of 6,861.
Four off-sale licenses are permitted based on this population, and currently there are four
licenses in the tract. The property is within Police Reporting District No. 1716, which has a
crime rate that is 361% above the citywide average. The boundaries of this reporting district is
Lincoln Avenue to the north, Dale Avenue to the east, Orange Avenue to the south, and Beach
Boulevard to the west. The ¼ mile radius surrounding the subject location has a crime rate of
166% above the city-wide average. There was one call for service to this location in the last
year and it was for a disturbance.
The applicant has been awarded a Type 21 ABC license from a recent lottery. The applicant
began operating the convenience store in May 2016; however, a convenience store with beer
and wine sales has been operation at this location for nearly 30 years. The applicant owns and
operates four other Circle K convenience stores and three liquor stores, of which four are
located within the City of Anaheim. The Circle K corporation trains convenience store
employees on security measures and alcoholic beverage license procedures and laws. Police
Department staff indicates that the applicant maintains a positive relationship with the Police
Department and operates the other stores in a responsible fashion. Based upon this information,
staff believes that the operator will continue to operate the business in a responsible manner
and will not negatively impact the adjacent businesses and neighborhoods.
Staff conducted an inspection of the property and found it to be well maintained, including
adequate on-site landscaping, parking lot lighting and striping. There are no outstanding Code
violations associated with this property. However, there were sign violations observed on the
market’s leasehold frontage including window signs exceeding the maximum area allowed by
code, as well as 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 14 days of the conditional use permit approval.
A convenience market offering the sale of beer and wine has been operating at this location for
approximately 30 years without detriment to the surrounding area. The current business owner
has responsibly operated several convenience markets and liquor stores at other locations in
Anaheim for over 16 years. Staff believes the proposed ABC license upgrade would be
compatible with the neighborhood and would provide a convenience to the surrounding
neighborhood.
CONDITIONAL USE PERMIT NO. 2016-05899 AND DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2016-00133
April 3, 2017
Page 4 of 4
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,
Lindsay Ortega Jonathan E. Borrego
Contract Planner Planning Services Manager
Lilley Planning Group
Attachments:
1. Draft Conditional Use Permit Resolution
2. Draft Public Convenience or Necessity Resolution
3. Letter of Request
4. Police Memorandum
5. Photographs
6. Site Plan
7. Floor Plan
C-GRETAIL
RM-4BAYWOODAPTS20 DU
C-GSERVICESTATION
C-GVACANT
C-GAMERICANAMOTEL
C-GSERVICESTATION
RM-4RICHMONTSAPARTMENTS84 DU
RM-4BAYWOODAPTS18 DU
C-GRETAIL C-GRETAIL
FOURPLEX
C-GCAR WASH
C-GRETAIL
C-GWELCOME INN& SUITES
RM-4BILTMOREAPARTMENTS198 DU
RM-4VACANT
RM-4APARTMENTS31 DU
C-GVACANT
C-GRETAIL
R M -4
F O U R P L E X
R M -4
F O U R P L E X
R M -4
F O U R P L E X
R M -4
F O U R P L E X
R M -4
F O U R P L E X
C -G
N I G H T C L U B
C-GRETAIL
RS-2SFR
W LINCOLN AVE W LINCOLN AVE
S L A
X O R
E S T
N B E L A I R S T
S R I D G E W A Y S T
W B AYW O O D AV E
W EM BASSY AVE
S L A
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E S T
N R I C
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M O N T
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N R I D
G E W A Y
S T
W BRISTOL DR
W. ORANGE AVE
. CRESCENT AVE
S . D A L E A V E
W. LINCOLN AVE
S . K N O T T A V E W. BRO ADWAY
N . D A L E A V E W. CRESCENT AVE
S . W E S T E R N A V E
. K N O T T A V E
W. LINCOLN AVE W. LINCOLN AVE
2 9 4 0 Wes t Linc oln Avenue
D E V N o. 2016-00127
Subject Property APN: 126-611-18
°0 50 100
Feet
Aeria l Pho to:May 20 16
W LINCOLN AVE W LINCOLN AVE
S L A
X O R
E S T
N B E L A I R S T
S R I D G E W A Y S T
W B AYW O O D AV E
W EM BASSY AVE
S L A
X O R
E S T
N R I C
H
M O N T
D R
N R I D
G E W A Y
S T
W BRISTOL DR
W. LINCOLN AVE
W. ORANGE AVE
. CRESCENT AVE
S . D A L E A V E
S . K N O T T A V E W. BRO ADWAY
N . D A L E A V E W. CRESCENT AVE
S . W E S T E R N A V E
. K N O T T A V E
W. LINCOLN AVE
2 9 4 0 Wes t Linc oln Avenue
D E V N o. 2016-00127
Subject Property APN: 126-611-18
°0 50 100
Feet
Aeria l Pho to:May 20 16
[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. 2016-05899 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2016-00127)
(2940 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. 2016-05899 to upgrade an
existing “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a
“Type 21” Off-Sale General license to permit the sales of alcoholic beverages for off-site
consumption within an existing convenience market for certain real property located 2940 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. 2016-05899 is proposed in conjunction with a
request for Public Convenience or Necessity No. 2016-00133 to upgrade an existing “Type 20”
Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale
General and Determination of Public Convenience or Necessity to permit the sales of alcoholic
beverages for off-site consumption within an existing convenience market (Circle K). Public
Convenience or Necessity No. 2016-00133 and Conditional Use Permit No. 2016-05899 shall be
referred to herein collectively as the “Proposed Project”; and
WHEREAS, the Property, consisting of approximately 1.04 acres, is developed with a
multi-tenant commercial center. 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 April 3, 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, 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
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. 2016-05899, 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 to permit the sales
of alcoholic beverages 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. 2016-05899, 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. 2016-05899 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 development
standards in the "C-G" General Commercial Zone.
4. The traffic generated by the uses proposed under Conditional Use Permit No. 2016-
05899, 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. 2016-05899, 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 subject to compliance with the
conditions of approval contained herein.
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 Conditional Use Permit No. 2016-05899, contingent upon and subject to (i) approval of
Public Convenience or Necessity No. 2016-00133, 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
Conditional Use Permit No. 2016-05899 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 April 3, 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 April 3, 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 3rd day of April, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2017-***
- 6 - PC2017-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2016-05899
(DEV2016-00127)
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 inside 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.
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 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
Police Department
- 7 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
The sign shall be at least two feet square with two inch block lettering.
The sign shall be in English and Spanish.
11 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
GENERAL CONDITIONS
12 The existing unpermitted feather signs located in the landscape planter
directly in front of the business shall be removed within fourteen (14)
days of the date of this resolution.
Planning and Building
Department,
Planning Services
Division
13 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
14 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
15 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
16 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. 2016-00133 TO PERMIT A TYPE 21 (OFF SALE
GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00127)
(2940 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. 2016-00133 to upgrade an existing “Type 20” Off-Sale Beer and Wine Alcoholic Beverage
Control (ABC) license to a “Type 21” Off-Sale General license to permit the sales of alcoholic
beverages for off-site consumption within an existing convenience market for certain real
property located at 2940 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. 2016-00133 is proposed in
conjunction with a request for Conditional Use Permit No. 2016-05899 to upgrade an existing
“Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21”
Off-Sale General and Determination of Public Convenience or Necessity to permit the sales of
alcoholic beverages for off-site consumption within an existing convenience market (Circle K).
Public Convenience or Necessity No. 2016-00133 and Conditional Use Permit No. 2016-05899
shall be referred to herein collectively as the “Proposed Project”; and
WHEREAS, the Property, consisting of approximately 1.04 acres, is developed with
commercial retail center, including the subject 1,162 square foot convenience 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, 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
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
- 2 - PC2017-***
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 Public Convenience or Necessity No. 2016-00133,
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. 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.
- 3 - PC2017-***
5. The Property is located within Census Tract No. 869.03 with a population of 6,861
that allows for four off-sale ABC licenses. There are presently four off-sale ABC licenses in the
tract. The Property is located in Police Reporting District No. 1716, which has a crime rate that
is 361% 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 radius of this Property is 166% above the City-wide average based upon calls
for service. Since there is a crime above the city average, a determination of "public convenience
or necessity" is required by ABC when the license is issued and has been requested by the
applicant for this request.
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 beeer 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Public Convenience or Necessity No. 2016-00133, contingent upon and subject to (i)
approval of Conditional Use Permit No. 2016-05899 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.
- 4 - PC2017-***
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 April 3, 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 April 3, 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 3rd day of April, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2017-***
- 7 - PC2017-***
EXHIBIT “B”
DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2016-00133
(DEV2016-00127)
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
- 8 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
10 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
11 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
GENERAL CONDITIONS
12 The Applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of
the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
13 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
14 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
Kashmir Singh
2940 W. Lincoln Avenue, Suite A
Anaheim, CA 92801
(714) 726-5211
kashmirsmann@gmail.com
November 30, 2016
To whom it may concern,
My project I am proposing is for a Liquor License. I own four (4) Circle K convenience stores and three (3)
liquor stores, I am an experienced owner of these stores for more than sixteen (16) years. My stores are
open twenty-four (24) hours a day, doors open at 6am and all alcohol sales are halted at 2am at my other
stores. I have three (3) employees that manage and maintain the stores daily operations. My employees are
trained by Circle K and most importantly are trained to check each customer for proper Identification
stating their age of twenty-one (21) to purchase alcohol. My employees follow the strict guidelines of
“Cleanliness”, set fourth by the Health Department, and they maintain the cleanliness of the whole interior
and exterior of the store building. The current store has storage and cooler space for the storage and sale of
alcohol, in which I am proposing. Also, I am hiring more employees strictly for the alcohol sales.
The adjacent Tenants are as follows:
Illusions Hair Lounge, Employment Recruiter, MultiCash,
Thrifty Laundry, Pizza, Sassy Massage, Beach Dental
1.What is the primary purpose of your business? Is the sale of alcohol an essential part of the primary
purpose of the business?
The primary purpose of the Business is the sale of Food products, and the sale of Alcohol
is only 20 percent of the current business.
2.Are there similar businesses or a concentration of alcohol outlets in the immediate area that already
provide alcohol service? If so, how would the public convenience or necessity be served by permitting
an additional license within the census tract?
No, there is not a similar business in the area.
3.Is there a residential neighborhood or school adjacent to the property for which you are requesting a
public convenience or necessity determination? If so, please explain how permitting an additional
license would not disproportionately impact an adjacent residential neighborhood or school.
Yes, there are residential neighborhoods but no schools adjacent to the property. If I am
permitted to sell alcohol, it would be solely for the public convenience and necessity. My
employees checked for proper identification to assure that the individual purchasing the
alcohol is at legal age of twenty-one (21).
4.What percentage of your business do you anticipate will be alcohol sales?
I anticipate the sales of alcohol will be 20 percent for my business which also sells food.
5.Does your business cater to a specific need or specialty which is not currently available in the area?
My business caters to the surrounding neighborhoods for their convenience of purchasing
food products and nonalcoholic beverages.
6.Are you proposing any specific operational measures to eliminate or limit any potential negative
consequences from the sale of alcoholic beverages?
My employees are trained by the Circle K Corporation to check for proper identification
to assure the individual is the legal age of twenty-one (21).
7.What type of license are you requesting from ABC? Is it an existing license? Where is the license being
purchased from?
The existing current alcohol license #20 is from ABC, I am applying for an update of #21.
If possible, please have the hearing in February, my family and I will be on vacation in the month of
January. Thank you for your consideration.
Sincerely yours,
Kashmir Singh
ATTACHMENT NO. 3
City of Anaheim
INTERDEPARTMENTAL REVIEW COMMITTEE
To: Lindsay Ortega/Planning Department
Case No.: DEV 2016-00127/CUP 2016-05899
Circle K
2940 W. Lincoln Ave. Unit A
Date: December 7, 2016
From: Lieutenant Tim Miller
Anaheim Police Department
Vice, Narcotics and Criminal Intelligence Section Commander
Contact: Name: S.P.S.R. Michele Irwin
Phone: 714-765-1461
Email: mmirwin@anaheim.net
The Police Department has reviewed the above case. Please see the following comments and
conditions for more information:
COMMENTS:
The Police Department has received an I.D.C. Route Sheet for DEV 2016-
00127/PCN2016-05899. The applicant is requesting to permit the upgrade of an existing
Type 20 off-sale beer and wine Alcoholic Beverage Control license to a Type 21 off-sale
general Alcoholic Beverage Control license.
The location is in Census Tract Number 869.03 which has a population of 6,861. This
population allows for 7 on-sale Alcoholic Beverage Control licenses and there are
presently 4 licenses in the tract. It also allows for 4 off-sale licenses and there are
presently 4 licenses in the tract.
This location is within Reporting District 1716 which is 361% above the city average in
crime. There was 1 call for service to this location in the last year and it was for a
disturbance.
The ¼ mile radius surrounding this location is 166% above the city average in crime.
The calls for service primarily consisted of: 15 petty thefts, 27 simple assaults, 22
vandalisms and 30 drug abuse violations.
RECOMMENDED CONDITIONS OF APPROVAL:
The Police Department requests the following conditions be placed on the Conditional Use
Permit:
ATTACHMENT NO. 4
No. Timing Condition Responsible
Department
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
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
Police Department
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.
Concur:
Office of Chief of Police
f:\home\mmirwin\CUP\2016-00127 DEV 2940 W Lincoln Ave Circle K.doc
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SHEET:Architecture Planning / Entitlements / Project ManagementConsulting Engineer:11/4/2016 8:15:04 AMKASHMIR SINGH 2940 W. LINCOLN AVE.ANAHEIM, CA 92801 ARCHITECTURAL SITE PLAN A100ACK2940ALVD
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SHEET:Architecture Planning / Entitlements / Project ManagementConsulting Engineer:11/4/2016 8:28:58 AMKASHMIR SINGH 2940 W. LINCOLN AVE.ANAHEIM, CA 92801 EXISTING FLOOR PLAN A101ACK2940ALVD
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REVISION SCHEDULE NO. DATEDESCRIPTIONATTACHMENT 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: APRIL 3, 2017
SUBJECT: RECLASSIFICATION NO. 2016-00294,
CONDITIONAL USE PERMIT NO. 2016-05875,
AND TENTATIVE TRACT MAP NO. 18038
LOCATION: 3315-3325 West Lincoln Avenue
APPLICANT/PROPERTY OWNER: The applicant and property owner is Mike
Bareh.
REQUEST: The applicant is requesting approval of the following actions to
develop a 22-unit attached townhome development:
1) A Reclassification, or rezoning, of the westerly property from the
“C-G” General Commercial zone to the “RM-3” Multiple Family
Residential zone;
2) A Conditional Use Permit to allow a 22-unit attached single-family
residential development with modified development standards;
3) A Tentative Tract Map to create a 22-unit residential subdivision.
RECOMMENDATION: Staff recommends that the Planning Commission approve
the attached resolutions, determining that this request is categorically exempt under
the California Environmental Quality Act (Class 32, In-Fill Development Projects),
and approving Reclassification No. 2016-00294, Conditional Use Permit No. 2016-
05875, and Tentative Tract Map No. 18038.
BACKGROUND: The 1.26-acre project site consists of two parcels. The easterly
parcel is currently developed with a church and religious school and is zoned “RM-
3” Multiple Family Residential. The westerly parcel is currently developed with a
commercial building and is zoned “C-G” General Commercial. The properties are
designated for Low- Medium Density Residential land uses by the General Plan.
Surrounding land uses include an elementary school to the north, multi-family
residential to the east, commercial and multi-family residential to the south across
Lincoln Avenue, and a senior housing development to the west.
RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND
TENTATIVE TRACT MAP NO. 18038
April 3, 2017
Page 2 of 8
PROPOSAL: The applicant proposes to demolish the existing structures and construct a 22-unit
attached single family residential townhome project using the RM-3 zone development
standards. The project would consist of seven, 3-story residential buildings, including a four-unit
residential building fronting on Lincoln Avenue and six additional residential buildings with
three units each. Twenty of the units would have 3 bedrooms, a den, 2½ bathrooms, and 2-car
attached garages. These units range from 1,608 to 1,885 square feet in size. The two remaining
units would include 4 bedrooms and range from 1,812 square feet to 2,240 square feet in size. As
depicted in the rendering below, the homes are designed with a Spanish Colonial style
architecture. The buildings would include stucco finishes, contrasting earthtone colors, wrought
iron railings, and concrete tile roof accents. A detailed development summary is included as
Attachment 1 to this report.
Colored Rendering
Access to the development would be provided by a single driveway along Lincoln Avenue. The
driveway would allow for right turn movements to and from Lincoln Avenue. The entrance
would include an electric gate that is set back 42 feet from the ultimate right-of-way. Internal
driveways would provide vehicular access to the private garages and surface parking for
residents and guests. The driveways are designed to accommodate emergency fire truck and
sanitation vehicle access.
RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND
TENTATIVE TRACT MAP NO. 18038
April 3, 2017
Page 3 of 8
Site Plan
A total of 67 parking spaces are required for this project based on a ratio of three spaces for each
3 bedroom unit and 3.5 spaces for each 4-bedroom unit. The project would provide 68 spaces on
site consisting of 44 garage spaces (two garage spaces per unit) and 24 surface spaces for both
residents and guests. Pedestrian access paths are proposed throughout the project providing
connectivity between the units, common areas, outdoor parking areas, and the sidewalk adjacent
to Lincoln Avenue. In addition, four units front directly onto Lincoln Avenue with direct
pedestrian access to the street.
The Zoning Code requires a combined total of 6,300 square feet of common and private
recreational-leisure area for the development and 7,434 square feet would be provided.
Approximately 1,844 square feet of active and passive common recreational-leisure area would
be located along the eastern property line. The common area would include a barbecue area and
seating. In addition, 5,306 square feet of code-compliant private recreational leisure area would
be provided on ground floor patios, a landscaped paseo along the eastern property line and upper
story balconies.
RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND
TENTATIVE TRACT MAP NO. 18038
April 3, 2017
Page 4 of 8
FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each
requested action:
Reclassification: The westerly property is located in the “C-G” General Commercial zone. A
reclassification, or rezoning, to the RM-3 zone is being requested in order to develop attached
single-family homes. The intent of the RM-3 Zone is to promote the development of single-
family attached residential development in an attractive environment. The density of the
proposed project is consistent with and would implement the property’s Low-Medium Density
Residential General Plan land use designation. The density of the proposed project is 17.46 units
to the acre and the Low-Medium Density Residential land use designation allows up to 18 units
per acre. As described below, the proposed reclassification supports several General Plan goals
intended to provide a variety of quality housing opportunities to address the City’s diverse
housing needs; therefore, staff recommends approval of the reclassification request.
The Land Use Element of the General Plan provides the following goals which would be
supported by the development of this project:
o Goal 2.1: Continue to provide a variety of quality housing opportunities to
address the City’s diverse housing needs.
o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image
and stimulate appropriate development at strategic locations.
o Goal 3.2: Maximize development opportunities along transportation routes.
o Goal 4.1: Promote development that integrates with and minimizes impacts to
surrounding land uses.
o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through
strategic infill development and revitalization of existing development.
Conditional Use Permit: The Zoning Code requires a conditional use permit to allow a
residential planned unit development for single-family attached dwellings in the RM-3 zone. In
this zone, development standards, including setback and building separation requirements, may
be modified as part of a conditional use permit when it is determined that the modifications serve
to achieve a high quality project design, privacy, livability, and compatibility with surrounding
uses. Before the Planning Commission may approve the conditional use permit for a planned
unit development, it must make a finding of fact that the evidence presented shows that all of the
following conditions exist:
1) The uses within the project are compatible;
2) New buildings or structures related to the project are compatible with the scale,
mass, bulk, and orientation of existing buildings in the surrounding area, provided
the existing buildings conform with the provisions of this title;
RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND
TENTATIVE TRACT MAP NO. 18038
April 3, 2017
Page 5 of 8
3) Vehicular and pedestrian access are adequate;
4) The project is consistent with applicable design guidelines adopted by the City;
5) The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area;
6) The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
7) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of
Anaheim.
The project complies with all development standards of the RM-3 Zone with the exception of
certain setback requirements. The applicant is requesting to modify the interior setbacks,
landscape setbacks, and setbacks between buildings. Setbacks for projects in the RM-3 Zone
may be modified in connection with a conditional use permit when it is determined that the
modifications promote increased pedestrian activity, provide for a unified street frontage, ensure
privacy and light for residential uses, provide for public spaces, and promote compatibility with
existing development. This project includes proposed modifications to the following
development standards in the RM-3 zoning district:
Interior Structural Setbacks: The applicant is requesting a 15-foot wide building setback along
the northern property line where a 20-foot setback is required. The intent of the 20-foot setback
along the interior property lines is to ensure that adequate separation and landscaping is provided
between adjacent uses. The proposed 15-foot setback would apply to both buildings that side
onto the north property line. Staff believes the request for the modification of the interior setback
requirement is justified because the northern property line abuts a sports field at an existing
elementary school; therefore, sufficient separation between adjacent uses would still be met
despite the reduced setback.
Additionally, the applicant is requesting a 15 to 17-foot wide building setback along the eastern
and western property lines where a 20-foot setback is required. The reduced setback would only
apply to Buildings 1, 5 and 7. Staff believes that the request for a modification to the interior
setback requirement is justified since the reduced building setbacks would abut the
driveway/parking areas for the adjacent condominium units to the east and senior apartments to
the west; therefore, potential visual impacts on the adjacent residential buildings (which are
located approximately 28 feet from the eastern property line and 60 feet from the western
property line) would be minimal. Staff recommends approval of the request for the reduced
interior structural setbacks.
RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND
TENTATIVE TRACT MAP NO. 18038
April 3, 2017
Page 6 of 8
Interior Landscape Setbacks: The applicant is also requesting a modification to the required
landscape setback requirement along the western property line. A five-foot landscape setback is
required along the interior property lines; however, the applicant is requesting a 2-foot landscape
setback along 113 feet of the 293 foot western property line to accommodate the required widths
for Fire Department apparatus and solid waste management vehicles turning radius, as well as
the vehicle back up requirements for Building 3, and to accommodate an additional guest
parking space. The 2-foot wide portion of the landscape planter along the west property line in
lieu of the required 5 feet, would be landscaped with shrubs to minimimize visual impacts to the
perimeter wall. Additionally, the adjacent 3-story senior apartment building is setback 60-feet
from the property line; therefore, there will be minimal impact on the adjacent uses. Staff
recommends approval of the interior landscape setback modification request.
Building to Building Setbacks: The Zoning Code requires a 40-foot separation between three-
story buildings with parallel walls that are designated as “primary” walls. Primary walls are
building walls that contain an entrance and/or windows opening into living areas. The setbacks
required between the buildings are intended to ensure privacy and light for residential uses,
provide for public spaces, and promote compatibility with existing development. The proposed
project would provide a 27’-8” wide paseo between Buildings 3 and 4 and a 15’-7’ wide paseo
between Buildings 2 and 3. A 24-foot wide drive aisle would also separate Buildings 1 and 2,
and a 28’-6” wide drive aisle would separate Buildings 4 and 7.
Walkways, patios, and planters would be located in the paseo between Buildings 3 and 4 to
soften the massing of the buildings and provide direct pedestrian access to the units. In addition,
the buildings separated by drive aisles would have adequate separation to ensure liveability.
Staff believes that the modified separations between buildings are justified because the
modifications would allow for the efficient layout of buildings on the property while ensuring a
quality living environment. The elevations facing the courtyards are enhanced with balconies
and 36 inch high fenced patios and are highly articulated with quality design features. For these
reasons, staff recommends approval of the building-to-building setback modification request.
Tentative Tract Map: Before the Planning Commission may approve the tentative tract map, it
must make a finding of fact that the evidence presented shows that all of the following conditions
exist:
1) That the proposed subdivision of the Property, including its design and
improvements, is consistent with the General Plan of the City of Anaheim, and
more particularly with the "Low-Medium Density Residential" land use
designation.
2) That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 18038, including their design and improvements, is consistent with
the zoning and development standards of the proposed "RM-3" Multiple-Family
Residential Zone with the exception of the reduced setbacks being proposed in
conjunction with Conditional Use Permit No. 2016-05875.
RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND
TENTATIVE TRACT MAP NO. 18038
April 3, 2017
Page 7 of 8
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.
18038, 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.
18038 or the type of improvements is not likely to cause serious public health
problems.
6) That the design of the subdivision, as shown on proposed Tentative Tract Map No.
18038, or the type of improvements will not conflict with easements acquired by
the public, at large, for access through or use of property within the proposed
subdivision.
A tentative tract map is required to create 1-lot condominium subdivision for the 22 units. All
common areas, including driveways, recreational areas, paseos and sidewalks would be owned
and maintained by the homeowner’s association. The proposed density of 17.46 dwelling units
per acre is permitted under the Low-Medium Density Residential land use designation which
allows up to 18 dwelling units per acre. In addition, the project is not likely to cause
substantial environmental damage and will not conflict with easements acquired by the public.
Therefore, staff recommends approval of the tentative tract map request.
Environmental Impact Analysis: The project’s potential environmental impacts have been
evaluated and staff recommends that the Planning Commission determine that the development
qualifies for a Class 32 “Infill Development Projects” exemption allowed under California
Environmental Quality Act. In order to support this determination, staff prepared an
environmental checklist and determined that the project would not result in any significant
effects relating to traffic, noise, air quality, or water quality. In reaching this conclusion, staff
determined that the subject property is less than five acres in size and surrounded by urban
uses; has no value as habitat for endangered, rare or threatened species; and, can be adequately
served by all required utilities and public services. Based on these findings, the project does
not meet the minimum thresholds that would suggest the potential for the project to cause a
significant effect on the environment.
RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND
TENTATIVE TRACT MAP NO. 18038
April 3, 2017
Page 8 of 8
CONCLUSION: Staff has carefully considered and reviewed this proposal and believes the
proposed project is designed in a manner that will provide a quality living environment for its
future residents and is compatible with the surrounding land uses. In addition, the proposed
project meets the goal to continue to provide a variety of quality housing opportunities to
address the City’s diverse housing needs. Staff recommends approval of the proposed request.
Prepared by, Submitted by,
Lindsay Ortega Jonathan E. Borrego
Contract Planner Planning Services Manager
Attachments:
1. Draft Conditional Use Permit Resolution
2. Draft Reclassification Resolution
3. Draft Tentative Tract Map Resolution
4. Development Summary
5. Applicant’s Letter of Request
6. Project Plan Set
7. Landscape Plans
8. Tentative Tract Map
9. Renderings
10. Class 32 Environmental Checklist
C-GRETAIL
RM-4WESTMONTAPTS
C-GVACANT
TCENTRALIAELEMENTARY SCHOOL
TVILLA ANAHEIM SENIOR APARTMENTS135 DU
TSOLARA COURT SENIORAPARTMENT HOMES132 DU
RM-4LINCOLN HERITAGEAPARTMENTS36 DU
C-GCHURCH
RM-2CONDOMINIUMS/TOWNHOUSES
RM-4WESTCHESTERAPARTMENTS64 DU
RM-4SERRANO TERRACEAPARTMENTS66 DU
RM-4GLEN FORESTAPARTMENTS95 DU
C-GEL DORADOINNC-GRETAIL
RM-4ANAHEIM VILLASAPTS20 DU
RM-4GLEN FOREST APARTMENTS274 DU
RM-4FOURPLEX
RM-3CHURCHC-G
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[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. 2016-05875 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00043)
(3315-3325 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2016-05875 to
permit the construction of an 22-unit attached, single-family residential project (the "Project")
with modified development standards, i.e., a reduction in setback requirements and distance
between buildings of the "RM-3" Multiple-Family Residential Zone, for that certain real
property located at 3315-3325 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. 2016-05875 is proposed in conjunction with a
request (i) to rezone or reclassify a portion of the Property from the "C-G" Transition Zone to the
"RM-3" Multiple-Family Residential Zone, which reclassification is designated as
"Reclassification No. 2016-00294"; and (ii) a tentative tract map to createa 22 unit condominium
subdivision on the Property, which is designated as "Tentative Tract Map No. 18038"; and
WHEREAS, Reclassification No. 2016-00294, Conditional Use Permit No. 2016-05875,
and Tentative Tract Map No. 18038 shall be referred to herein collectively as the “Proposed
Project”; and
WHEREAS, the 1.26-acre project site consists of two parcels. The easterly parcel is
currently developed with a church and religious school and is zoned “RM-3” Multiple Family
Residential. The westerly parcel is currently developed with a commercial building and is zoned
“C-G” General Commercial. The properties are designated for Low-Medium Density Residential
land uses by the General Plan; and
WHEREAS, all development within the "RM-3" Multiple-Family Residential Zone that
includes single-family attached dwelling units is subject to approval by the Planning
Commission of a conditional use permit pursuant to Subsection .010 (Residential Planned Unit
Development) of Section 18.06.160 (Residential Planned Unit Development) of Title 18
(Zoning) of the Anaheim Municipal Code (the "Code"). Pursuant to subsection .030
(Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit
Development), the minimum setback requirements, as set forth in Section 18.06.090 (Structural
Setbacks), including Interior Setbacks, Landscaped Portion of Setbacks, and the Setbacks
between Buildings, may be modified in order to achieve a good project design, privacy,
livability, and compatibility with surrounding uses provided that the Planning Commission
makes certain findings set forth in Subsection .050 (Findings) of Section 18.06.090 (Residential
Planned Unit Development). If approved, Conditional Use Permit No. 2016-05875 will permit
- 2 - PC2017-***
the reduction in the street setbacks, interior setbacks, landscape setbacks, and setbacks between
buildings requirements of the "RM-3" Multiple-Family Residential Zone for the Property; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 3, 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, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission found and determined that the Proposed
Project is within that class of projects which consist of in-fill development meeting the
conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
WHEREAS, pursuant to Subsection .030 (Modification of Other Standards) of Section
18.06.160 (Residential Planned Unit Development), this Planning Commission, after due
consideration, inspection, investigation and study made by itself and in its behalf, and after due
consideration of all evidence and reports offered at said hearing, including the plans submitted
by the applicant, does hereby find and determine the following facts with respect to Conditional
Use Permit No. 2016-05875:
1. The uses within the Project are compatible with the surrounding land uses;
2. New buildings or structures related to the Project are compatible with the
scale, mass, bulk, and orientation of existing buildings in the surrounding area. Said
existing buildings conform with the provisions of the Zoning Code;
3. Vehicular and pedestrian access are adequate;
4. The Project is consistent with any adopted design guidelines applicable to the
Property and the Project;
5. The size and shape of the site proposed for the Project is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular area;
6. The traffic generated by the Project will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
- 3 - PC2017-***
7. The Project complies with the General Plan and will comply with the zoning
for the Property, upon approval of an amendment to the Zoning Map of the Anaheim
Municipal Code to rezone and reclassify the Property into the "RM-3" Multiple-Family
Residential Zone by the adoption by the City Council of an ordinance reclassifying the
Property in accordance with Reclassification No. 2016-00294, now pending.
8. The granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve and adopt Conditional Use
Permit No. 2016-05875, contingent upon and subject to: (1) the adoption by the City Council of
an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property
to the "RM-3" Multiple-Family Residential Zone under Reclassification No. 2016-00294, and (2)
the adoption by this Planning Commission of a resolution approving Tentative Tract Map No.
18038, all of which entitlements are now pending; and (4) the conditions of approval set forth in
Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to
be a necessary prerequisite to the proposed use of the Property in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Code. Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition(s), (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
- 4 - PC2017-***
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
April 3, 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
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 April 3, 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 3rd day of April, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2017-***
- 6 - PC2017-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2016-05875
(DEV2016-00043)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF A GRADING PERMIT
1 The project’s Final Grading, Soils, and Drainage Reports shall be submitted
for review and approval to the Development Services Division.
Public Works,
Development Services
2 The final Water Quality Management Plan (WQMP) shall be submitted for
review and approval to Public Works Development Services Division and
comply with the most current requirements of the Orange County Drainage
Area Management Plan (DAMP).
Public Works,
Development Services
3 The property owner shall submit project improvement plans that incorporate
the required drainage improvements and the mechanisms proposed in the
approved Final Drainage Report. Post-development storm event run-off shall
be less than or equal to the existing pre-development storm event run-off. No
offsite run-off shall be blocked during and after grading operations or
perimeter wall construction. Finish floor elevations shall be 1-ft. minimum
above water surface elevations of 100-year storm event.
Public Works,
Development Services
4 The applicant shall demonstrate that coverage has been obtained under
California’s General Permit for Stormwater Discharges Associated with
Construction Activity by providing a copy of the Notice of Intent (NOI)
submitted to the State Water Resources Control Board and a copy of the
subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number. The applicant shall prepare and implement a Stormwater
Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be
kept at the project site and be available for City review upon request.
Public Works,
Development Services
5 Prior to issuance of the grading permit and right-of-way construction permit
for the storm drain and sewer, whichever occurs first, a Save Harmless
agreement in-lieu of an Encroachment Agreement is required to be executed,
approved by the City and recorded by the applicant on the property for any
storm drains connecting to a City storm drain.
Public Works,
Development Services
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
6 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,
Water Engineering
7 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
Public Utilities,
Water Engineering
- 7 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
billing) of the submeters shall be the responsibility of the Owner/Developer
and included and recorded in the Master CC & Rs for the project.
8 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,
Water Engineering
9 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,
Water Engineering
10 That all existing water services and fire services shall conform to current
Water Services Standards Specifications. Any water service and/or fire line
that does not meet current standards shall be upgraded if continued use is
necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon
any water service or fire line.
Public Utilities,
Water Engineering
11 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an
easement for all large domestic above-ground water meters and fire hydrants,
including a five (5)-foot wide easement around the fire hydrant and/or water
meter pad. (ii) a twenty (20) foot wide easement for all water service mains
and service laterals all to the satisfaction of the 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 Water
Engineering
12 That the developer/owner shall submit to the Public Utilities Department
Water Engineering Division an estimate of the maximum fire flow rate and
maximum day and peak hour water demands for the project. This information
will be used to determine the adequacy of the existing water system to provide
the estimated water demands. Any off-site water system improvements
required to serve the project shall be done in accordance with Rule No. 15A.6
of the Water Utility Rates, Rules, and Regulations.
Public Utilities Water
Engineering
- 8 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
13 The Owner shall be responsible for restoring any special surface
improvements, other than asphalt paving, within any right-of-way, public
utility easement or City easement area including but not limited to colored
concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or
landscaping that becomes damaged during any excavation, repair or
replacement of City owned water facilities. Provisions for maintenance of all
said special surface improvements shall be included in the recorded Master C,
C & R’s for the project and the City easement deeds.
Public Utilities Water
Engineering
14 The following minimum horizontal clearances shall be maintained between
any proposed water main, meter assembly, or appurtenance 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
6-feet minimum separation from curb face
10-feet minimum separation from structures, footings and trees.
Public Utilities Water
Engineering
15 No public water main or public water facilities shall be installed in private
alleys or paseo areas.
Public Utilities Water
Engineering
16 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities Water
Engineering
17 All fire services 2-inch and smaller shall be metered with a UL listed meter,
Hersey Residential Fire Meter with Translator Register, no equals.
Public Utilities Water
Engineering
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
18 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,
Development Services
19 A cash-in-lieu payment based on the project engineer’s cost estimate, in an
amount determined by the City Engineer to be sufficient to pay for future
street widening along Lincoln Avenue per the Lincoln Avenue Master Plan,
shall be paid to the City of Anaheim.
Public Works,
Development Services
20 Prior to the issuance of a building permit, the applicant shall submit draft
Covenants Conditions and Restrictions (CC&Rs) that are prepared by an
authorized professional for review and approval by the Director of Public
Works and City Attorney, which will generally provide for the following:
a. A requirement that residents shall use designated parking area,
including garages, only for the parking of vehicles.
b. A provision that parking garages are subject to inspection by the
Public Works,
Traffic Engineering
- 9 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
Association or City of Anaheim staff.
c. A provision requiring that proposed amendments to the CC&Rs shall
be submitted for review to the Public Works Director or designee, and
shall be approved by the City Attorney prior to the amendment being
valid.
d. A provision that the City is a third-party beneficiary to the CC&Rs
and has the right, but not the obligation, to enforce any of the
provisions of the CC&Rs.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
21 All required on-site Water Quality Management Plan, sewer, storm drain, and
public right of way improvements shall be completed, operational, and are
subject to review and approval by the Construction Services Inspector.
Public Works,
Development Services
22 The developer shall improve Lincoln Avenue per the Lincoln Avenue Corridor
Master Plan or as approved by the City Engineer.
Public Works,
Development Services
23 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel
parking in the drive aisles. Red curb locations shall be clearly labeled on
building plans.
Public Works,
Traffic Engineering
ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS
24 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
25 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
26 Conditions of approval related to each of the timing milestones above shall be
prominently displayed on plans submitted for permits. For example, conditions
of approval that are required to be complied with prior to the issuance of
building permits shall be provided on plans submitted for building plan check.
This requirement applies to grading permits, final maps, street improvement
plans, water and electrical plans, landscape irrigation plans, security plans, parks
and trail plans, and fire and life safety plans, etc.
Planning and Building
Department,
Planning Services
Division
- 10 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
27 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
28 The Applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to individually
and collectively as “Indemnitees”) from any and all claims, actions or
proceedings brought against Indemnitees to attack, review, set aside, void, or
annul the decision of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to the decision,
or to determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant’s indemnification is intended to include, but
not be limited to, damages, fees and/or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including without limitation
attorneys’ fees and other costs, liabilities and expenses incurred by
Indemnitees in connection with such proceeding.
Planning 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 RECLASSIFICATION NO. 2016-00294
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00043)
(3315-3325 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to rezone or reclassify that certain real property
located at 3315-3325 West Lincoln Avenue in the City of Anaheim, County of Orange, State of
California, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the "Property") from the the “C-G” General Commercial Zone to the
"RM-3" Multiple-Family Residential Zone, which reclassification is designated as
"Reclassification No. 2016-00294" for the purpose of allowing the applicant to construct an 22-
unit attached, single-family residential project (herein referred to as the “Project”); and
WHEREAS, the 1.26-acre project site consists of two parcels. The easterly parcel is
currently developed with a church and religious school and is zoned “RM-3” Multiple Family
Residential. The westerly parcel is currently developed with a commercial building and is zoned
“C-G” General Commercial. The properties are designated for Low-Medium Density Residential
land uses by the General Plan; and
WHEREAS, Reclassification No. 2016-00294 is proposed in conjunction with
Conditional Use Permit No. 2016-05875 and Tentative Tract Map No. 18038, now pending,
which, together with the Project, shall be referred to herein collectively as the "Proposed Project"
WHEREAS, Reclassification No. 2016-00294 proposes to apply the zoning and
development standards of the "RM-3" Multiple-Family Residential Zone to the Property; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, this Planning Commission finds and determines that the Proposed Project is
within that class of projects which consist of in-fill development meeting the conditions
described in Section 15332 of the CEQA Guidelines. Specifically, the Proposed Project (a) is
consistent with the applicable General Plan designation and all applicable General Plan policies
and is consistent with the applicable zoning designation and regulations, (b) is no more than five
acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered,
rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air
quality, or water quality, and (e) the Property can be adequately served by all required utilities
and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the
- 2 - PC2017-***
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 did hold a public hearing at the Civic Center in
the City of Anaheim on April 3, 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
"RM-3" Multiple-Family Residential Zone is consistent with the Property's Low-Medium
Density Residential land use designation in the Land Use Element of the General Plan.
2. The proposed reclassification of the Property is necessary and/or desirable for the
orderly and proper development of the community and is compatible with the residential uses
located to the east, south, and west 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. 2016-00294
to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and
reclassify the Property into the "RM-3" Multiple-Family Residential Zone and recommends that
the City Council adopt an ordinance reclassifying the Property in accordance with
Reclassification No. 2016-00294.
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 April 3, 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 April 3, 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 3rd day of April, 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 TENTATIVE TRACT MAP NO. 18038
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00043)
(3315-3325 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. 18038
for the subdivision of that certain real property located at 3315-3325 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") to permit
the construction of 22 single-family attached residential units (the “Project”); and
WHEREAS, the 1.26-acre project site consists of two parcels. The easterly parcel is
currently developed with a church and religious school and is zoned “RM-3” Multiple Family
Residential. The westerly parcel is currently developed with a commercial building and is zoned
“C-G” General Commercial. The properties are designated for Low-Medium Density Residential
land uses by the General Plan; and
WHEREAS, Tentative Tract Map No. 18038 is proposed in conjunction with
Reclassification No. 2016-00294 and Conditional Use Permit No. 2016-05875, now pending,
which, together with the Project, shall be referred to herein collectively as the “Proposed
Project”; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 3, 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, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission found and determined that the Proposed
Project is within that class of projects which consist of in-fill development meeting the
conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
- 2 - PC2017-***
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. 18038, does
find and determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 18038, including its design and improvements, is consistent with the General
Plan land use designation of Low-Medium Density Residential.
2. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 18038, including its design and improvements, is consistent with the zoning and
development standards of the "RM-3" Multiple-Family Residential Zone proposed as
Reclassification No. 2016-00294, now pending.
3. That the site is physically suitable for the type and density of the Proposed Project.
4. That the design of the subdivision, as shown on proposed Tentative Tract Map No.
18038, and with the conditions imposed, is not likely to cause substantial environmental damage
or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive
environmental habitat has been identified.
5. That the design of the subdivision, as shown on proposed Tentative Tract Map No.
18038, and with the conditions imposed, or the type of improvements is not likely to cause
serious public health problems.
6. That the design of the subdivision or the type of improvements, as shown on
proposed Tentative Tract Map No. 18038 and with the conditions imposed, will not conflict with
easements acquired by the public, at large, for access through or use of property within the
proposed subdivision.
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve Tentative Tract Map No. 18038,
contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing
an amendment to the Zoning Map to rezone and reclassify the Property to the "RM-3" Multiple-
Family Residential Zone under Reclassification No. 2016-00294, (2) a resolution approving
Conditional Use Permit No. 2016-05875, and (3) the conditions of approval set forth in Exhibit
B attached hereto and incorporated herein by this reference, which are hereby found to be a
necessary prerequisite to the proposed use of the Property in order to preserve the health, safety
- 3 - PC2017-***
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete said conditions of approval may be granted in accordance with Section 18.60.170 of
the Code. Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition (s), (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that 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
April 3, 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 April 3, 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 3rd day of April, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2017-***
- 6 - PC2017-***
EXHIBIT “B”
TENTATIVE TRACT MAP NO. 18038
(DEV2016-00043)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1 The property owner shall irrevocably offer to dedicate to the City of
Anaheim an easement 60-foot in width from construction centerline (47-
ft. from survey centerline) of Lincoln Avenue for road, public utilities,
and other public purposes.
Public Works
Department,
Development Services
Division
2 The owner shall apply for and obtain vacation of the existing easements
on site that are in conflict with the proposed permanent structures.
Public Works
Department,
Development Services
Division
3 All existing vertical structures shall be demolished. The developer shall
obtain a demolition permit from the Building Division prior to performing
this work.
Public Works
Department,
Development Services
Division
4 Tract Map No. 18038 shall be approved, in substantial conformance with
Planning Commission resolution for this project.
Public Works
Department,
Development Services
Division
5 All lots and condominium units shall be assigned street addresses by the
Planning/Building Division.
Planning and Building
Department,
Building Division
6 A maintenance covenant shall be submitted to the Development Services
Division and approved by the City Attorney's office. The covenant shall
include provisions for maintenance of private facilities such as private
sewer, paseos, private drives, and private storm drain improvements;
compliance with approved Water Quality Management Plan; and a
maintenance exhibit. Maintenance responsibilities shall include all
drainage devices, sewer, parkway landscaping and irrigation, paseos, and
the private drives. The covenant shall be recorded concurrently with the
final map.
Public Works
Department,
Development Services
Division
- 7 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
7 The developer shall submit street improvement plans, obtain a right of
way construction permit, and post a security (Performance and Labor &
Materials Bonds) in an amount approved by the City Engineer and in a
form approved by the City Attorney for the construction of all required
public improvements within the City street right of way of Lincoln
Avenue. Improvements shall conform to the applicable City Standards
per the Lincoln Avenue Corridor Master Plan and as approved by the
City Engineer. The 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
8 The legal property owner shall post a security and execute a Subdivision
Agreement to complete the required public improvements at the legal
owner’s expense in an amount approved by the City Engineer and in a form
approved by the City Attorney. Said agreement shall be submitted to the
Public Works Department, Subdivision Section for approval by the City
Council.
Public Works
Department,
Development Services
Division
GENERAL
9 The applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to
individually and collectively as “Indemnities”) from any and all claims,
actions or proceedings brought against Indemnities to attack, review, set
aside, void, or annul the decision of the Indemnities concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnities and costs of
suit, claim or litigation, including without limitation attorneys’ fees and
other costs, liabilities and expenses incurred by Indemnities in
connection with such proceeding.
Planning and Building
Department,
Planning Services
Division
10 Conditions of approval related to each of the timing milestones above
shall be prominently displayed on plans submitted for permits. For
example, conditions of approval that are required to be complied with
prior to the issuance of building permits shall be provided on plans
submitted for building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and electrical plans,
landscape irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
Planning and Building
Department,
Planning Services
Division
- 8 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
11 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
12 The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department, and
as conditioned herein.
Planning and Building
Department,
Planning Services
Division
DEVELOPMENT SUMMARY
Development Standard RM-3 Zone Standards Proposed Project
Site Area N/A 1.26 ac
Density 18 du/ac max. 17.46 du/ac
Floor Area 3 bedroom 1,000 sq. ft. min.
4 bedroom 1,200 sq. ft. min.
3 bedroom 1,608-2,240 sq. ft.
4 bedroom 1,812 sq. ft.
Street Setback* 20 feet average
15 feet min.
20 feet average
20 feet minimum
Interior Property Lines Setback* 20 feet min – 3rd story. (west)
10 feet 1st Story )west)
15 feet 2nd/3rd story (west)
10 feet 1st story (west)
20 feet min. – 3rd Story (east)
10 ft min 1st story (east)
17 ft 2nd/3rd story (east)
10 ft 1st story (east)
20 feet min. – 3rd Story (North)
10 ft min 1st story (North)
15’-6” 3rd story (North)
N/A
Landscape Portion of Setback* 5 feet min.
(along interior property lines)
15 feet (north)
5’ near front, 2’ toward rear (along
west prop. line)
6 feet (east)
Setbacks Between Buildings* 40 feet 15’-7” to 47 feet
Building Height 40 feet 32’-9” feet
Parking 3 spaces per 3 bedroom unit= 60 spaces
(3*20)
3.5 spaces per 4 bedroom unit= 7 spaces
(3.5*2)
TOTAL: 67 spaces
44 garage spaces (2 spaces per unit)
24 guest parking spaces
TOTAL: 68 spaces
Recreation-Leisure Area 6,300 square feet total
7,434 square feet total
(1,844 ft. common,
5,306 sq. ft. private)
*May be modified by CUP
ATTACHMENT NO. 4
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MISSION VIEJO, CA 92690
P.O. BOX 2970
LINCOLN COTTAGES
22 CONDOMINIUMS
ANAHEIM, CA 92805
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A R C H I T E C T
GEORGE BEHNAM
PLACENTIA, CA 92870
1150 E. ORANGETHORPE # 109
(714)572-2384 FAX(714)572-2385
PROJECT:DEVELOPER :
3315 - 3319 LINCOLN AVE.
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A R C H I T E C T
GEORGE BEHNAM
PLACENTIA, CA 92870
1150 E. ORANGETHORPE # 109
(714)572-2384 FAX(714)572-2385
PROJECT:DEVELOPER :
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MISSION VIEJO, CA 92690
P.O. BOX 2970
LINCOLN COTTAGES
22 CONDOMINIUMS
ANAHEIM, CA 92805
3315-3319-3325 LINCOLN AVE.
LINCOLN COTTAGES LLC
P:\NetDisk\Projects\Projects\2015\151206-Mike Bareh- Lincoln\22 Townhomes\Group Plans 09-22-16.dwg, 3/28/2017 5:49:49 PM, DWG To PDF.pc3
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GEORGE BEHNAM
PLACENTIA, CA 92870
1150 E. ORANGETHORPE # 109
(714)572-2384 FAX(714)572-2385
PROJECT:DEVELOPER :
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P.O. BOX 2970
LINCOLN COTTAGES
22 CONDOMINIUMS
ANAHEIM, CA 92805
3315 - 3319 LINCOLN AVE.
LINCOLN COTTAGES LLC
P:\NetDisk\Projects\Projects\2015\151206-Mike Bareh- Lincoln\22 Townhomes\Group Plans 09-22-16.dwg, 3/28/2017 5:49:58 PM, DWG To PDF.pc3
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A R C H I T E C T
GEORGE BEHNAM
PLACENTIA, CA 92870
1150 E. ORANGETHORPE # 109
(714)572-2384 FAX(714)572-2385
PROJECT:DEVELOPER :
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P.O. BOX 2970
LINCOLN COTTAGES
22 CONDOMINIUMS
ANAHEIM, CA 92805
3315 - 3319 LINCOLN AVE.
LINCOLN COTTAGES LLC
P:\NetDisk\Projects\Projects\2015\151206-Mike Bareh- Lincoln\22 Townhomes\Group Plans 09-22-16.dwg, 3/28/2017 5:50:05 PM, DWG To PDF.pc3
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A R C H I T E C T
GEORGE BEHNAM
PLACENTIA, CA 92870
1150 E. ORANGETHORPE # 109
(714)572-2384 FAX(714)572-2385
PROJECT:DEVELOPER :
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MISSION VIEJO, CA 92690
P.O. BOX 2970
LINCOLN COTTAGES
22 CONDOMINIUMS
ANAHEIM, CA 92805
3315 - 3319 LINCOLN AVE.
LINCOLN COTTAGES LLC
P:\NetDisk\Projects\Projects\2015\151206-Mike Bareh- Lincoln\22 Townhomes\Group Plans 09-22-16.dwg, 3/28/2017 5:50:13 PM, DWG To PDF.pc3
GE
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A R C H I T E C T
GEORGE BEHNAM
PLACENTIA, CA 92870
1150 E. ORANGETHORPE # 109
(714)572-2384 FAX(714)572-2385
PROJECT:DEVELOPER :
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MISSION VIEJO, CA 92690
P.O. BOX 2970
LINCOLN COTTAGES
22 CONDOMINIUMS
ANAHEIM, CA 92805
3315 - 3319 LINCOLN AVE.
LINCOLN COTTAGES LLC
P:\NetDisk\Projects\Projects\2015\151206-Mike Bareh- Lincoln\22 Townhomes\Group Plans 09-22-16.dwg, 3/28/2017 5:50:20 PM, DWG To PDF.pc3
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ATTACHMENT NO. 8
ATTACHMENT NO. 9
CITY OF ANAHEIM
ENVIRONMENTAL CHECKLIST FORM
CLASS 32 CATEGORICAL EXEMPTION
INFILL DEVELOPMENT PROJECTS**
CASE NO.: DEVELOPMENT CASE NO. 2016-00043
RECLASSIFICATION NO. 2016-00294
CONDITIONAL USE PERMIT NO. 2016-05875
TENTATIVE TRACT MAP NO. 18038
PROJECT APPLICANT:
OWNER AND APPLICANT
NAME: Mike Bareh
COMPANY: Catanzarite Law Corporation
ADDRESS: P.O Box 2970
CITY/ST/ZIP: Mission Viejo, CA 92690
PHONE: (949)322-7866
PROJECT ADDRESS: 3315-3325 West Lincoln Avenue, approximately 1,178 feet east
of the centerline of Western Avenue.
APN(s): 135-211-15 and 135-211-19
PROJECT LOCATION: 3315-3325 West Lincoln Avenue
ATTACHMENT NO. 10
SURROUNDING LAND USES AND SETTING:
The 1.26-acre project site consists of two parcels. The easterly parcel is currently developed with
a church and religious school and is zoned “RM-3” Multiple Family Residential. The westerly
parcel is currently developed with a commercial building and is zoned “C-G” General
Commercial. The properties are designated for Low- Medium Density Residential land uses by
the General Plan. Surrounding land uses include an elementary school to the north, multi-family
residential to the east, commercial and multi-family residential to the south across Lincoln
Avenue, and a senior housing development to the west.
PROJECT DESCRIPTION: The applicant proposes to demolish the existing structures and
construct a 22-unit attached single family residential townhome project using the RM-3 zone
development standards. The project would consist of seven, 3-story residential buildings,
including a four-unit residential building fronting on Lincoln Avenue and six additional
residential buildings with three units each. Twenty of the units would have 3 bedrooms, a den,
2½ bathrooms, and 2-car attached garages. These units range from 1,608 to 1,885 square feet in
size. The two remaining units would include 4 bedrooms and range from 1,812 square feet to
2,240 square feet in size. As depicted in the rendering below, the homes are designed with a
Spanish Colonial style architecture. The buildings would include stucco finishes, contrasting
earth tone colors, wrought iron railings, and concrete tile roof accents. Access to the
development would be provided by a single driveway along Lincoln Avenue. The driveway
would allow for right turn movements to and from Lincoln Avenue. The entrance would include
an electric gate that is set back 42 feet from the ultimate right-of-way. Internal driveways would
provide vehicular access to the private garages and surface parking for residents and guests. The
driveways are designed to accommodate emergency fire truck and sanitation vehicle access.
A total of 67 parking spaces are required for this project based on a ratio of three spaces for each
3 bedroom unit and 3.5 spaces for each 4-bedroom unit. The project would provide 68 spaces on
site consisting of 44 garage spaces (two garage spaces per unit) and 24 surface spaces for both
residents and guests. Pedestrian access paths are proposed throughout the project providing
connectivity between the units, common areas, outdoor parking areas, and the sidewalk adjacent
to Lincoln Avenue. In addition, four units front directly onto Lincoln Avenue with direct
pedestrian access to the street.
The Zoning Code requires a combined total of 6,300 square feet of common and private
recreational-leisure area for the development and 7,434 square feet would be provided.
Approximately 1,844 square feet of active and passive common recreational-leisure area would
be located along the eastern property line. The common area would include a barbecue area and
seating. In addition, 5,306 square feet of code-compliant private recreational leisure area would
be provided on ground floor patios, a landscaped paseo along the eastern property line and upper
story balconies.
GENERAL PLAN DESIGNATION: Residential-Low Medium ZONING: “C-G”
Commercial General (APN 135-211-15) and “RM-3” Residential Medium (APN 135-211-19)
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 site is designated for Low-Medium Density Residential land uses by the General
Plan, which is consistent with the proposed project. APN 135-211-15 is in the “C-G”
Commercial General Zone, and APN 135-211-19 is in the “RM-3” Residential Medium
Zone. Reclassification, or rezoning, of APN 135-211-15 to the RM-3 zone is being
requested in order to develop attached single-family homes. The intent of the RM-3
Zone is to promote the development of single-family attached residential development in
an attractive environment. The density of the proposed project is consistent with and
would implement the property’s Low-Medium Density Residential General Plan land use
designation. The density of the proposed project is 17.46 units to the acre and the Low-
Medium Density Residential land use designation allows up to 18 units per acre. As
described below, the proposed reclassification supports several General Plan policies
intended to provide a variety of quality housing opportunities to address the City’s
diverse housing needs.
The Land Use Element of the General Plan provides the following goals which would be
supported by the development of this project:
o Goal 2.1: Continue to provide a variety of quality housing opportunities to
address the City’s diverse housing needs.
o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image
and stimulate appropriate development at strategic locations.
o Goal 3.2: Maximize development opportunities along transportation routes.
o Goal 4.1: Promote development that integrates with and minimizes impacts to
surrounding land uses.
o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through
strategic infill development and revitalization of existing development..
2. Is the proposed development located within the City limits on a project site of no more
than five acres substantially surrounded by urban uses?
This 1.26-acre site is located in the City of Anaheim and is currently occupied with a
church and religious school, and a commercial building. The site is designated for Low-
Medium Density Residential land uses by the General Plan. Surrounding land uses
include an elementary school to the north, multi-family residential to the east,
commercial and multi-family residential to the south across Lincoln Avenue, and a senior
housing development to the west.
3. Does the project site have value as habitat for endangered, rare or threatened species?
The project site is currently developed with a church and religious school, and a
commercial building, 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 the existing church,
religious school, and commercial building, and construction of a 22-unit attached single
family residential townhome project using the RM-3 (Multiple-Family Residential) zone
development standards. 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, would contribute 51 or more peak-hour trips to any Congestion
Management Program (CMP) monitored intersection, would generate 1,600 daily trips if
located on the CMP highway system, or would generate 2,400 daily trips if adjacent to
the CMP highway system.
The applicant proposes to demolish an existing church and office building and construct
22 attached townhomes, therefore it was determined that the proposed development
would not result in 100 or more net new peak hour trips. Since the proposed project
generates less than 100 net trips in the peak hour, a traffic study was determined to not be
required nor prepared. Neither roadway segments nor immediately surrounding
intersections are anticipated to be significantly impacted as a result of the additional trips
from the Proposed Project.
b. Noise:
Construction - The Proposed Project would generate temporary noise during construction
activities. Equipment used during construction could create noise impacts through the
duration of the construction process. However, these impacts are temporary and would
cease upon completion of construction. Chapter 6.70 of the City’s noise ordinance
exempts construction noise between the hours of 7:00 a.m. and 7:00 p.m., Monday
through Saturday. Adherence to the City Noise ordinance would result in no significant
impacts.
Operation - The Proposed Project is a 22-unit attached single family residential
townhome project 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 the existing church, religious
school, and commercial building, and construction of a 22-unit attached single family
residential townhome project using the RM-3 (Multiple-Family Residential) zone
development standards on a 1.26-acre parcel. General construction activities, such as site
preparation, including demolition of the existing uses, 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 7 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
7 70 33 .06 15 9
2018 Project
Emissions
29 28 24 .04 2 2
Exceed Threshold? NO NO NO NO NO NO
VOC NOx CO SO2 PM10 PM2.5
Operational Emissions
SCAQMD Threshold 55 55 550 150 150 55
Project Emissions 0.8 1.5 5.3 0.01 1 0.3
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 22-unit attached condominium townhome project using the RM-3
(Multiple-Family Residential) zone development standards would result in an increase of
74 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 22-unit attached condominium townhome project using the RM-3
(Multiple-Family Residential) zone development standards would result in an increase of
74 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 22-unit attached condominium
townhome project using the RM-3 (Multiple-Family Residential) zone development
standards would result in an increase of 74 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 22 new housing units would generate approximately 31 elementary
students, 11 junior high students, and 18 high school students. Therefore, the 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 include the construction of a 22-unit attached condominium
townhome project using the RM-3 (Multiple-Family Residential) zone development
standards that would result in an increase of 74 new residents who 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 construction of a 22-unit attached condominium
townhome project using the RM-3 (Multiple-Family Residential) zone development
standards that would result in an increase of 74 new residents who may utilize library
1 1 Table 5.13-14 of the Anaheim General Plan/Zoning Code Update EIR
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.
f. 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
Lincoln Avenue, adjacent to the Proposed Project. The Proposed Project would be
required to connect to the existing wastewater (Sanitary Sewer) line. Based on the
anticipated generation of wastewater (sewage) from the Proposed Project relative to the
capacity that is available, 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.
g. Storm Water Drainage:
On-site grading and drainage improvements proposed in conjunction with the proposed
site work would be required to meet the City’s and Orange County Flood Control
District’s (OCFCD) flood control criteria including design discharges,
design/construction standards and maintenance features. All new development projects
in the City are also required to include specific design Best Management Practices to
ensure that no storm water runoff generated on site would be allowed to leave the site
without pre-treatment for urban pollutants. The Proposed Project would not alter any
drainage pattern in a manner that would result in substantial erosion or siltation on or
offsite. The Proposed Project would not involve an alteration of the course of a stream or
river. Erosion and siltation impacts potentially resulting from the project would, for the
most part, occur during the Proposed Project’s site preparation and earthmoving phase.
Implementation of the NPDES permit requirements, as they apply to the site, would
reduce potential erosion, siltation, and water quality impacts. Less than significant
impacts would occur.
h. 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 demolition of the
existing church, religious school, and commercial building, and construction of a 22-unit
attached single family residential townhome project using the RM-3 (Multiple-Family
Residential) zone development standards on a 1.26-acre parcel. 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, permitted to accept approximately 8,000 tons of waste per
day. In April, 2016 Assembly Bill 1826 requires businesses in California to recycle their
organic waste based on the amount generated per week. 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 restaurant 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 proposed 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 proposed 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.
3/29/17
Signature of City of Anaheim Representative Date
Christine Saunders, Associate Planner (714) 765-5238
Printed Name, Title Phone Number
New Correspondence
Item No. 5