PC 2018/01/22
City of Anaheim
Planning Commission
Agenda
Monday, January 22, 2018
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chairperson: Bill Dalati
• Chairperson Pro-Tempore: Michelle Lieberman
• Commissioners: John Armstrong, Jess Carbajal, John Gillespie,
Kimberly Keys, Steve White
• Call To Order - 5:00 p.m.
• Pledge Of Allegiance
• Public Comments
• Public Hearing Items
• Commission Updates
• Discussion
• Adjournment
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning and Building
Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff
report is also available on the City of Anaheim website www.anaheim.net/planning on
Thursday, January 18, 2018, after 5:00 p.m. Any writings or documents provided to a
majority of the Planning Commission regarding any item on this agenda (other than writings
legally exempt from public disclosure) will be made available for public inspection in the
Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard,
Anaheim, California, during regular business hours.
You may leave a message for the Planning Commission using the following
e-mail address: planningcommission@anaheim.net
01-22-2018
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.
01-22-2018
Page 3 of 5
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2015-05840
(DEV2015-00121)
Location: 201 East Broadway
Request: The applicant requests to permit and retain an
existing church, performing arts theater, restaurant with
sales of beer and wine for on-site consumption, accessory
retail store, and off-site parking (River Church).
Environmental Determination: The Planning Commission
will consider whether the proposed action is Categorically
Exempt from the requirements to prepare additional
environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15301, Class 1 (Existing Facilities).
This item was continued from the November 29, 2017
Planning Commission meeting.
Request for a continuance
to a date uncertain
Project Planner:
Nick Taylor
njtaylor@anaheim.net
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2017-05941
(DEV2017-00108)
Location: 928 North Euclid Street
Request: The applicant requests to permit the on-site
sales and consumption of beer and wine in conjunction
with an existing restaurant.
Environmental Determination: The Planning
Commission will consider whether the proposed action is
Categorically Exempt from the requirements to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15301, Class 1 (Existing Facilities).
Resolution No. ______
Project Planner:
Wayne Carvalho
wcarvalho@anaheim.net
01-22-2018
Page 4 of 5
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 2017-05942
(DEV2017-00116)
Location: 1331 East Katella Avenue, Unit #107
Request: The applicant requests to allow the sale of
beer and wine for off-site consumption in conjunction
with a new convenience market located on the ground
floor of a new mixed-use development.
Environmental Determination: The Planning
Commission will consider whether the proposed action is
Categorically Exempt from the requirements to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15301, Class 1 (Existing Facilities).
Request for continuance
to February 5, 2018
Project Planner:
Christine Saunders
csaunders@anaheim.net
ITEM NO. 5
ZONING CODE AMENDMENT NO. 2017-00145
(DEV2017-00123)
Location: Citywide
Request: A City-initiated amendment to Title 18
(Zoning) of the Anaheim Municipal Code modifying
Chapter 18.60 (Procedures) to increase the number of
property owners and tenants that would receive mailed
notices for public hearings for discretionary land use
requests.
Environmental Determination: The Planning
Commission will consider whether the proposed action is
exempt from the requirements to prepare additional
environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15060(c)(2).
Motion
Project Planner:
Gustavo Gonzalez
ggonzalez@anaheim.net
Adjourn to Monday, February 5, 2018 at 5:00 p.m.
01-22-2018
Page 5 of 5
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:00 p.m. January 17, 2018 (TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
The City of Anaheim wishes to make all of its public meetings and hearings accessible to all
members of the public. The City prohibits discrimination on the basis of race, color, or national origin
in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of the Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation
thereof.
Any person who requires a disability-related modification or accommodation, including auxiliary aids
or services, in order to participate in the public meeting may request such modification,
accommodation, aid or service by contacting the Planning and Building Department either in person
at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later
than 10:00 a.m. one business day preceding the scheduled meeting.
La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos
los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen
nacional en cualquier programa o actividad que reciba asistencia financiera federal.
Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos
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reglamentos adoptados en aplicación del mismo.
Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios
auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación,
ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en
persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139,
antes de las 10:00 de la mañana un día habil antes de la reunión programada.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JANUARY 22, 2018
SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05840
LOCATION: 201 East Broadway (River Church)
APPLICANT/PROPERTY OWNER: The applicant is River Church represented
by Rob Owen. The property owner is Favorday, also represented by Rob Owen.
REQUEST: The applicant requests approval of a Conditional Use Permit (CUP) to
permit and retain an existing church, performing arts theater, restaurant with sales of
beer and wine for on-site consumption, accessory retail store, and off-site parking
within an existing performing arts theater building.
DISCUSSION: At the request of the applicant, this item was continued from the
November 29, 2017 meeting. The applicant has since submitted a letter dated January
16, 2018, requesting a continuance to a date uncertain in order finalize their project
description and parking license agreement.
RECOMMENDATION: Staff recommends that this item be continued to a date
uncertain as requested by the applicant.
Prepared by, Submitted by,
Nick Taylor Susan Kim
Associate Planner Acting Planning Services Manager
Attachments:
1. Continuance Request
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1
Elly Morris
From:Bo <hcdglobal@aol.com>
Sent:Tuesday, January 16, 2018 4:04 PM
To:Nicholas J. Taylor
Cc:David See; Danny Darling; Tim Paone
Subject:Request for Continuance
Dear Nick,
Once again, on behalf of River Church, we would like to request a continuance to a future date, to be confirmed, for
River’s CUP hearing before the Planning Commission.
As we discussed today, we believe it is in the interest of all parties that we have a signed Parking Lease Agreement
with the City before going before the Planning Commission, as this agreement is a requirement for River’s CUP.
We believe we are close as both River’s counsel and the City Attorney’s office are diligently working to negotiate the
final agreement. Once this is completed we will provide the necessary documents so the final staff
recommendations can be prepared for the Planning Commission and we can all have an agreement in hand before
the meeting.
Thank you and your office for your continued efforts to bring this long process to a successful conclusion for all
parties. We are close and we know it will happen.
Sincerely,
Rob Owen
Secretary of the Board
River Church
Sent from my iPhone
ATTACHMENT NO. 1
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JANUARY 22, 2018
SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05941
LOCATION: 928 North Euclid Street (Jo Won Restaurant)
APPLICANT/PROPERTY OWNER: The applicant is Chao Hsiang Lee and the
property owner is Antje Hasselbarth.
REQUEST: The applicant requests approval of a conditional use permit to allow
on-site sales and consumption of beer and wine in conjunction with an existing
restaurant.
RECOMMENDATION: Staff recommends that the Planning Commission approve
the attached resolution, determining that this request is categorically exempt under
the California Environmental Quality Act (Class 1, Existing Facilities), and
approving Conditional Use Permit No. 2017-05941.
BACKGROUND: The subject Jo Won Restaurant is a tenant within a 9,391 square
foot commercial center on a 0.68-acre property. The La Palma Chicken Pie Shop
Restaurant previously occupied the 3,750 square foot tenant space. Jo Won
Restaurant opened in the tenant space in December 2016. The property is located in
the “C-G” General Commercial zone and the General Plan designates this property
for Neighborhood Center Commercial land uses. Surrounding the property are
commercial uses to the north and west and single-family residential uses to the south
and east.
PROPOSAL: The applicant requests a Department of Alcoholic Beverage Control
(ABC) Type 41 (On Sale Beer and Wine) license to permit the sale and consumption
of beer and wine within the existing restaurant. The applicant indicates that beer and
wine will complement the dishes served at the restaurant while increasing his overall
business. A full service menu would be available at all times and beer and wine
would represent approximately 20 percent of the overall sales. No modifications to
the building’s exterior are proposed. The restaurant currently operates from 11:00
a.m. to 9:00 p.m., seven days a week with up to eight employees.
CONDITIONAL USE PERMIT NO. 2017-05941
January 22, 2018
Page 2 of 3
FINDINGS AND ANALYSIS: Before the Planning Commission may approve a conditional
use permit, it must make a finding of fact that the evidence presented shows that all of the
following conditions exist:
1) That the proposed use is properly one for which a conditional use permit is
authorized by this code;
2) That the proposed use will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located;
3) That the size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use, in a manner not detrimental to
either the particular area or health and safety;
4) That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the
traffic in the area; and
5) That the granting of the conditional use permit under the conditions imposed,
if any, will not be detrimental to the health and safety of the citizens of the
City of Anaheim.
Conditional Use Permit: The Zoning Code requires a conditional use permit for restaurants with
beer and wine sales within the C-G Zone. A conditional use permit is required in order to
determine compatibility with surrounding land uses. Although the subject restaurant opened in
2016, a restaurant use is a long-standing neighborhood business at that location for many years
and provides a convenient dining location for area residents. Staff believes the beer and wine
sales in conjunction with the restaurant’s food sales would be not be detrimental to the
surrounding businesses or properties and would provide a convenience to area customers. Staff
believes that the proposed Type 41 ABC license for beer and wine sales in conjunction with the
existing restaurant would not adversely affect the surrounding land uses or the growth and
development of the area if the applicant operates the restaurant in a responsible manner and in
compliance with the recommended conditions of approval. These conditions include prohibiting
any exterior advertising of alcoholic beverages, requiring a separate Entertainment Permit to
allow entertainment and amplified music, and requiring ABC LEAD (Licensee Education on
Alcohol and Drugs) training for employees. There would be no increase in the parking
requirement since the applicant is not proposing an expansion in floor area. 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.
Staff conducted an inspection of the property and observed that the applicant had modified and
refaced the existing nonconforming roof/pylon sign to identify the new restaurant without the
proper building permits. In addition, the applicant was not maintaining the landscape planter in
front of the building. The draft resolutions include conditions of approval requiring, within 30
days of the approval of the subject conditional use permit, the applicant shall obtain proper
building permits for all signs including the existing roof/pylon sign, restore the landscape planter
with new planting material, and maintain the landscaping in perpetuity.
CONDITIONAL USE PERMIT NO. 2017-05941
January 22, 2018
Page 3 of 3
CONCLUSION: The proposed sale of beer and wine for on-premise consumption in
conjunction with the existing restaurant will complement the dining establishment and not be
detrimental to the surrounding businesses or properties. The recommended conditions of
approval would ensure that the sale of beer and wine would not have an adverse impact on the
surrounding land uses. Staff recommends approval of this request.
Prepared by, Submitted by,
Wayne Carvalho Susan Kim
Contract Planner Acting Planning Services Manager
Attachments:
1. Draft Conditional Use Permit Resolution
2. Letter of Request
3. Police Department Memorandum
4. Photographs
5. Site Plan and Floor Plan
C-GDEV 2017-00108RETAIL
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[DRAFT] ATTACHMENT NO. 1
- 1 - PC2018-***
RESOLUTION NO. PC2018-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05941 TO PERMIT A TYPE 41 (ON-SALE BEER AND WINE) ALCOHOLIC
BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2017-00108)
(928 NORTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05941
to permit the sale of beer and wine with a Type 41 (On-Sale Beer and Wine) license issued by the
State of California Department of Alcoholic Beverage Control (herein referred to as "ABC") for
on-premises consumption in conjunction within an existing restaurant located at 928 North Euclid
Street, in the City of Anaheim, County of Orange, State of California. The existing restaurant is
located within a retail commercial center on real property generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, Conditional Use Permit No. 2017-05941 shall be referred to herein
collectively as the "Proposed Project"; and
WHEREAS, the Property is part of a 0.68-acre commercial retail shopping center, which
is located within the "C-NC" Neighborhood Center land use designation of the Anaheim General
Plan. The Property is located in the "C-G" General Commercial Zone and is subject to the
zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the
Anaheim Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 22, 2018 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2017-05941 and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the effects of the Proposed Project are typical of those
generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the
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
- 2 - PC2018-***
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. 2017-05941, does find
and determine the following:
1. The proposed request to permit the sale of beer and wine for on-premises
consumption in conjunction with an existing restaurant in a commercial retail center is an
allowable use within the "C-G" General Commercial Zone under subsection .010 of 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 Proposed Project 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 use of a
portion of the Property as a restaurant with incidential beer and wine sales for on-site
consumption is compatible with the existing uses within the commercial center and uses in the
surrounding area.
3. The size and shape of the site is adequate to allow the full development of the
Proposed Project in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Property is currently improved with a commercial retail
center and no expansion to the building is proposed.
4. The traffic generated by permitting the sale of beer and wine for on-premises
consumption in conjunction with an existing restaurant would not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the
number of vehicles entering and exiting the Property would not increase in conjunction with this
request.
5. The granting of Conditional Use Permit No. 2017-05941 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 Conditional Use Permit No. 2017-05941, contingent upon and subject to the conditions
of approval set forth in Exhibit B attached hereto and incorporated herein by this reference.
- 3 - PC2018-***
BE IT FURTHER RESOLVED that the conditions of approval set forth in Exhibit B
attached hereto are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Permit No. 2017-05941 in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Code. Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition, (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of January 22, 2018. 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 - PC2018-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on January 22, 2018, by the following vote of
the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of January,
2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2018-***
- 6 - PC2018-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2017-05941
(DEV2017-00108)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS OF APPROVAL
1 The restaurant shall be operated in accordance with the Letter of
Operation submitted as part of the application. Any changes to the
business operation described in the Letter of Operation shall be subject
to review and approval by the Planning Director to determine
substantial conformance with the Letter of Operation and to ensure
compatibility with the surrounding uses.
Planning and
Building Department
2 There shall be no admission fee, cover charge, nor minimum purchase
required.
Police Department
3 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.
Police Department
4 That subject alcoholic beverage license shall not be exchanged for a
public premise (bar) type license nor shall the establishment be
operated as a public premise as defined in Section 23039 of the
Business and Professions Code.
Police Department
5 At all times when the premise is open for business, the premise shall
be maintained as a bona fide restaurant and shall provide a menu
containing an assortment of foods normally offered in such restaurant.
Police Department
6 Parking lots, driveways, circulation areas, aisles, passageways,
recesses and grounds contiguous to buildings, shall be provided with
enough lighting to illuminate and make clearly visible the presence of
any person on or about the premises during the hours of darkness and
provide a safe, secure environment for all persons, property, and
vehicles onsite.
Police Department
7 There shall be no entertainment, amplified music or dancing permitted
on the premise at any time unless the proper permits have been
obtained from the City of Anaheim.
Police Department
8 Security measures shall be provided to the satisfaction of the Anaheim
Police Department to prevent disturbances to the nearby
neighborhood.
Police Department
- 7 - PC2018-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
9 The business shall not employ or permit any persons to solicit or
encourage others, directly or indirectly, to buy them drinks in the
licensed premises under any commission, percentage, salary, or other
profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic
Beverage Control Act)
Police Department
10 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 service employees. The number
is 714-558-4101.
Police Department
11 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
12 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
13 The number of persons shall not exceed the maximum occupancy
load as determined by the Anaheim Fire Department. Signs indicating
the occupant load shall be posted in a conspicuous place on an
approved sign near the main exit from the room. (Section 25.114(a)
Uniform Fire Code)
Police Department
14 The door(s) shall be kept closed at all times during the operation of the
business except in cases of emergency. Said door(s) not to consist
solely of a screen or ventilated security door.
Police Department
15 The business owner 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
16 The sale of alcoholic beverages for consumption off the premises
shall be prohibited.
Police Department
17 The owner shall police the area under their control in an effort to
prevent the loitering of persons about the premises.
Police Department
- 8 - PC2018-***
18 The applicant shall be responsible for maintaining the area adjacent to
the premises over which they have control, in an orderly fashion
through the provision of regular maintenance and removal of trash or
debris. Any graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee shall be removed or
painted over within 24 hours of being applied.
Planning and Building
Department,
Code Enforcement
Division
WITHIN 30 DAYS OF CONDITIONAL USE PERMIT APPROVAL
19 The applicant shall remove or obtain sign permits for all unpermitted
signs, including the existing roof/pylon sign.
Planning and Building
Department,
Planning Services
Division
20 New landscape material (shrubs and ground cover) shall be replanted
within the landscape planter adjacent to the building along Euclid
Street. The restored landscaping shall be provided with proper
irrigation and maintained in perpetuity in compliance with Condition
No. 18 above.
Planning and Building
Department,
Planning Services
Division
GENERAL CONDITIONS OF APPROVAL
21 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
22 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
23 The subject Property shall be developed, used and maintained
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
ATTACHMENT NO. 2
ATTACHMENT NO. 3
JO WON RESTAURANT
FRONT OF BUILDING
PARKING LOT
NORTH OF BUILDING
ATTACHMENT NO. 4
RESTAURANT INTERIOR
RESTAURANT INTERIOR
EUCLID ST
1
5
2
101311
10
8
13
12
24
16
17
25
13
6
132221
8
86
19 20
13
6 18
6
66
26
EQUIPMENT SCHEDULE:
1. WATER HEATER 100 GAL, 199000 BTU INLET
2. MOP SINK W/MOP RACK & SHELF
3. LOCKERS ON 6"H & LEGS
4. AIR CURTAIN W/MICRO SWITCH 1600 CFM
5. SHELVING
6. S/S WORKING TABLES
7. 2-DOOR FREEZERS, S/C "EVEREST" ESF2
8. HAND SINKS
9. +12" S/S SPLASH BOARD
10. DISHWASHING TABLE W/ GARBAGE STRAINER SINK
11. DISHWASHER MACHINE, "CMA" E/E LOW TEMP. CHEMICAL USE
12. FOOD PREP SINK, DRAIN TO F/S
13. FLOOR SINK
14. 3-COMP. UTENSIL SINK, DRAIN TO F/S
15. 4'X14.5' TYPE 1 HOOD W/MUA Q+100A=5800 CFM
16. 4'X14' TYPE 1 HOOD W/MUA Q+100A=5600 CFM
17. 6' COLD CHEF TABLE S/C "TRUE" TSSU, 72.30M-B-ST
18. ICE MACHINE-"ICE-O-MATIC" ICE 0806
19. FRONT COUNTER
20. DISPLAY CASE-"TRUE" TCGG.48
21. DOUBLE DECK CONVECTION OVEN "ROYAL" RCOS-2
22. 2-HOLE WOK RANGE-DRAIN TO F/S
23. 4 BURNER W/3'-0" GRIDDLE "ROYAL" RR-4GT 36
24. 40 LBS FRYER "ROYAL" RFS-40
25. 1-HOLE WOK RANGE DRAIN TO F/S "AMERICAN RANGE" ARCP-7
26. SERVICE COUNTER
A-1
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ATTACHMENT NO. 5
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 4
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JANUARY 22, 2018
SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05945 AND
DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2017-00138
LOCATION: 1331 East Katella Avenue, #107 (The Corner Shop at Vivere)
APPLICANT/PROPERTY OWNER: The applicant is John Moller with Moller
Retail, Inc. Brett Engstrom and Cindy Block with LiquorLicense.com are the agents
representing the applicant. The property owner is Vivere Residential I, LLC.
REQUEST: The applicant is requesting approval of a conditional use permit to
operate a 1,298 square foot convenience store within an existing tenant space in the
Vivere apartment complex. The applicant is also requesting a determination of
convenience or necessity in order for the convenience store to sell beer and wine for
off-site consumption.
DISCUSSION: The notice for the proposed project did not include the requested
Public Convenience or Necessity (PCN), therefore the notice will be republished for
the February 5, 2018 meeting to include the PCN request.
RECOMMENDATION: Staff recommends that this item be continued to the
February 5, 2018 meeting to allow for the revised noticing.
Prepared by, Submitted by,
Christine Saunders Susan Kim
Associate Planner Acting Planning Services Manager
I (PTMU)Katella Sub-Area BDEV 2017-00116ANAHEIM APARTMENT COMMUNITIES
I (PTMU)Katella Sub-Area AINDUSTRIAL
I (PTMU)Katella Sub-Area BJEFFERSON PLATINUM TRIANGLE II
I (PTMU)Katella Sub-Area ARESTAURANT
I (PTMU)Katella Sub-Area BANAHEIM APARTMENT COMMUNITIES I (PTMU)Katella Sub-Area BPARK VIRIDIAN
I (PTMU)Katella Sub-Area BVACANT
I (PTMU)Katella Sub-Area BJEFFERSON PLATINUM TRIANGLE II
I (PTMU)Katella Sub-Area BMAGNOLIAPARK
I (PTMU)OfficeINDUSTRIALI (PTMU)OfficeINDUSTRIAL
I (PTMU)KatellaSub-Area AINDUSTRIAL
I (PTMU)Katella Sub-Area BA-TOWN METRO
I (PTMU)Katella Sub-Area BVACANT
I (PTMU)Katella Sub-Area BVACANT
I (PTMU)Katella Sub-Area BVACANT
I (PTMU)Katella Sub -Area AINDUSTRIAL
I (PTMU)Katella Sub -Area AINDUSTRIAL
I (PTMU)Katella Sub -Area AKATELLA GRAND
I (PTMU)Katella Sub-Area AKATELLA GRAND
I (PTMU)LewisIND. FIRMS
E KATELLA AVE
E PARK ST
S B E T M O R L N
S M A R K E T S T
S A U B U R N W A Y
S
W
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I D E D R
E WRIGHT CIRE MASON LN
S U N I O N S T
E. KATELLA AVES. H A R B O R B L V D
E. CERRITOS AVE
E. ORANGEWOOD AVE
S . H A S T E R S T S . S T A T E C O L L E G E B L V D
S . A N A H E I M B L V D
S . S U N K I S T S T
E. GENE AUTRY WAY S .D O U G L A S S
R D
S . C L E M E N T I N E S T
1 3 3 1 Ea st Katella Avenue, Unit #107
D E V N o. 2017-00116
Subject Property APN: 082-261-29
°0 50 100
Feet
Aeria l Photo:May 2016
E KATELLA AVE
E PARK ST
S B E T M O R L N
S M A R K E T S T
S A U B U R N W A Y
S
W
E S T S
I D E D R
E WRIGHT CIRE MASON LN
S U N I O N S T
E. KATELLA AVES. H A R B O R B L V D
E. CERRITOS AVE
E. ORANGEWOOD AVE
S . H A S T E R S T S . S T A T E C O L L E G E B L V D
S . A N A H E I M B L V D
S . S U N K I S T S T
E. GENE AUTRY WAY S .D O U G L A S S
R D
S . C L E M E N T I N E S T
1 3 3 1 Ea st Katella Avenue, Unit #107
D E V N o. 2017-00116
Subject Property APN: 082-261-29
°0 50 100
Feet
Aeria l Photo:May 2016
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 5
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JANUARY 22, 2018
SUBJECT: ZONING CODE AMENDMENT NO. 2017-00145
LOCATION: Citywide
APPLICANT: City of Anaheim
REQUEST: This is a City-initiated request to amend Chapter 18.60 (Procedures) of
Title 18 of the Anaheim Municipal Code (the “Zoning Code” or “Code”) to increase
the number of property owners and tenants that would receive mailed notices for
public hearings for discretionary land use requests.
RECOMMENDATION: Staff recommends that the Planning Commission, by
motion, determine that the proposed Zoning Code Amendment is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) of
the CEQA Guidelines; and, recommend City Council approval of Zoning Code
Amendment No. 2017-00145.
BACKGROUND: At its July 25, 2017 meeting, the City Council received a report
(Attachment 1) on potential changes to the City’s mail notice requirements for public
hearings associated with discretionary land use permits. After its review and
discussion of the item, Council directed staff to prepare an amendment to Title 18 of
the Anaheim Municipal Code (Zoning Code) to change the City’s current noticing
practices to reflect the recommendations in the staff report and Council discussion.
The item came before the Council at the request of Councilmember Faessel. The
Councilmember’s request was in response to questions raised by members of the
public as to the adequacy of the City’s current noticing practices. To respond to the
Councilmember’s request, staff provided Council with the following background on
the City’s current noticing procedures and recommendations to enhance the City’s
mail notice requirements for public hearing items.
The most common types of discretionary land use permits requiring a mailed public
notice include conditional use permits, variances, zone changes and subdivision
maps. Such actions typically require public hearings before the Planning
Commission and, at times, the City Council. Combined, the Planning Commission
and City Council conduct approximately 80 to 100 noticed public hearings on land
use matters annually.
ZONING CODE AMENDMENT NO. 2017-00145
January 22, 2018
Page 2 of 3
The California Government Code prescribe the minimum noticing requirements associated
certain public hearings. Depending on the type of land use application that is subject to a public
hearing, noticing requirements may include:
The posting of public hearing notices in at least three public places (including the
project site);
The publishing of hearing notices in a local newspaper for certain legislative actions
(e.g., General Plan Amendments, Specific Plan Amendments, and Development
Agreements); and
The mailing of public hearing notices to potentially affected property owners within
300 feet of the project site.
Historically, the City has adhered to this minimum standard for mailed notification with one
exception relating to the practice of mailing notices to commercial and residential tenants
within 300 feet of a project site, as State law only requires notification to property owners.
The practice of mailing notices to tenants was enacted over three years ago as a means to
ensure that tenants, in addition to property owners, were informed of pending planning
projects and afforded an opportunity to provide comment. Staff obtains mailing addresses
using the City’s Geographic Information System (GIS) application and the County’s tax
assessment roll.
In preparation for the City Council report on this topic, staff researched the practices of 24
Orange County cities and 9 larger California cities outside of Orange County. Approximately
half of the 33 cities surveyed have adopted noticing standards that exceed the minimum 300-
foot distance required by State law. The expanded noticing distances used by other cities
range between 500 and 1,000 feet and are often times dependent upon the scale, intensity or
significance of the development project or planning program under consideration. Ten of the
33 cities surveyed use a minimum 500-foot notification range for all public hearings,
regardless of the projects’ minimum size or scale. Orange County cities that utilize this
noticing range include Brea, Dana Point, Huntington Beach, Irvine, Santa Ana, Stanton, Seal
Beach and Westminster.
Staff also found that nearly all of the cities that provide for expanded noticing also allow staff
to adjust the noticing radius in cases where it may make sense to expand the notification area.
For example, if a proposed development project’s typical notification range resulted in the
notification of only half of the properties on a cul-de-sac street, staff has the option of
expanding the noticing area to include all properties on the street.
ANALYSIS: Based on the direction of the City Council, the research conducted on this topic
and staff’s professional assessment of concerns periodically raised by surrounding property
owners and tenants regarding the adequacy of the 300-foot standard, staff recommends that
the City expand its standard notification range for public hearing notices. Such action would
complement other on-going efforts to increase community engagement in the local
governance process while increasing transparency. Staff proposes to tie the recommended
noticing ranges to the type of environmental determination proposed for the project under the
California Environmental Quality Act (CEQA). For instance, the City of Mission Viejo uses
ZONING CODE AMENDMENT NO. 2017-00145
January 22, 2018
Page 3 of 3
this type of methodology, which generally ties the notification range to the scale or scope of
the project under consideration.
Staff recommends a 500-foot notification range for projects that staff anticipates will receive a
Categorical Exemption, Negative Declaration or Mitigated Negative Declaration
environmental determination under CEQA. Staff recommends a 1,000-foot notification range
for projects that are subject to an Environmental Impact Report (EIR) or any associated
addendum. Staff recommends that the City continue its practice of publishing notice in lieu of
mailed notices for citywide projects because it is cost prohibitive to mail notices to all owners
and tenants within the City. Staff will also use other forms of public outreach for citywide
projects on a case-by-case basis.
Staff believes that the above “sliding scale” approach is ideal because it ties the notification
area to a range that is commensurate to a project’s presumed impact upon the community. In
addition, staff recommends reserving the right of the Director of Planning and Building to
modify the notification range to ensure equitable noticing to neighboring properties beyond
the established notification range. Finally, the City funds the cost of printing and mailing
public hearing notices associated with Planning Commission public hearing items out of the
Planning Department’s General Fund budget allocation. Staff does not anticipate this practice
changing with the proposed amendment.
ENVIRONMENTAL ANALYSIS: Staff recommends that the Planning Commission, by
motion, determine that the proposed ordinance is not subject to the California Environmental
Quality Act ("CEQA"). This determination is pursuant to Sections 15060(c)(2) of the State of
California Guidelines for Implementation of the California Environmental Quality Act
(commencing with Section 15000 of Title 14 of the California Code of Regulations; herein
referred to as the "State CEQA Guidelines"). Staff has determined that the proposed Zoning
Code Amendment will not result in a direct or reasonably foreseeable indirect physical change
in the environment and is not a "project", as defined in Section 15378 of the CEQA
Guidelines.
CONCLUSION: Staff recommends approval of this Zoning Code Amendment. The
proposed Zoning Code Amendment would balance the desire to expand the level of
community engagement in land use matters without imposing an undue burden on project
applicants.
Prepared by, Submitted by,
Gustavo N. Gonzalez Susan Kim
Senior Planner Acting Planning Services Manager
Attachments:
1. City Council Agenda Report (July 25, 2017)
2. Draft Ordinance
CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JULY 25, 2017
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: REQUEST FOR CITY COUNCIL DIRECTION ON
POTENTIAL CHANGES TO THE CITY’S MAIL NOTICE
DISTANCE REQUIREMENTS FOR PUBLIC HEARINGS
ASSOCIATED WITH DISCRETIONARY LAND USE
PERMITS
ATTACHMENT (Y/N): YES ITEM #
RECOMMENDATION:
That the City Council receive a presentation on potential changes to the City’s mail
notice requirements for public hearings associated with discretionary land use
permits and provide staff with direction on this matter.
BACKGROUND:
At the request of Councilmember Faessel, staff has conducted research on options to
enhance the City’s mail notice requirements for public hearing items associated with
discretionary land use permits. The Councilmember’s request was made in response
to recent questions raised by members of the public as to the adequacy of the City’s
current noticing practices. Most recently, questions were raised during a public
hearing associated with a Conditional Use Permit request for a transitional living
facility proposed in a single-family residential neighborhood. The most common
types of discretionary land use permits requiring a mailed public notice include
conditional use permits, variances, zone changes and subdivision maps. Such
actions typically require public hearings before the City’s Planning Commission and,
at times, the City Council. Combined, the Planning Commission and City Council
conduct approximately 80 to 100 noticed public hearings on land use matters
annually. The minimum noticing requirements associated with such public hearings
are prescribed by Sections 65091 through 65094 of the State Government Code.
Noticing requirements include the posting of public hearing notices in at least three
public places (including the project site), the publishing of hearing notices in a local
newspaper for certain legislative actions (e.g., General Plan Amendments, Specific
Plan Amendments, and Development Agreements) and the mailing of public hearing
notices to potentially affected property owners within 300 feet of the project site.
With respect to mailed public hearing notices, State planning law states:
ATTACHMENT NO. 1
REQUEST FOR CITY COUNCIL DIRECTION ON POTENTIAL CHANGES TO THE CITY’S MAIL
NOTICE DISTANCE REQUIREMENTS FOR PUBLIC HEARINGS ASSOCIATED WITH
DISCRETIONARY LAND USE PERMITS
July 25, 2017
Page 2 of 4
“Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to
all owners of real property as shown on the latest equalized assessment roll within 300
feet of the real property that is the subject of the hearing. In lieu of using the assessment
roll, the local agency may use records of the county assessor or tax collector which
contain more recent information than the assessment roll. If the number of owners to
whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is
greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide
notice by placing a display advertisement of at least one-eighth page in at least one
newspaper of general circulation within the local agency in which the proceeding is
conducted at least 10 days prior to the hearing.
Historically, the City has adhered to this minimum standard for mailed notification with one
exception relating to the practice of mailing notices to tenants within 300 feet of a project site, as
State law only requires property owners to be notified. The practice of mailing notices to
property tenants was enacted approximately three years ago as a means to ensure that property
tenants, in addition to property owners, were informed of pending planning projects and afforded
an opportunity to provide comment.
DISCUSSION:
In preparation for this agenda item, City staff researched the practices of 24 Orange County cities
and 9 larger California cities outside of Orange County. Approximately half of the 33 cities
surveyed have adopted noticing standards that exceed the minimum 300 foot distance required
by State law. The expanded noticing distances used by other cities range between 500 and 1,000
feet and are oftentimes dependent upon the scale, intensity or significance of the development
project or planning program under consideration. Nearly all of the cities researched by staff that
provide for expanded noticing also allow staff to make adjustments to the noticing radius in
cases where it may make sense to expand the notification area. For example, if a typical
notification range resulted in only half of the properties on a cul-de-sac street being notified of a
proposed development project, staff has the option of expanding the noticing area to include all
properties on the street.
Based on the research conducted, and staff’s professional assessment of concerns periodically
raised by surrounding property owners and tenants regarding the adequacy of the 300 foot
standard, staff believes that it is appropriate for the City to consider expanding its standard
notification range for public hearing notices. Such action would complement other on-going
efforts to increase community engagement in the local governance process while increasing
transparency. Staff also believes that an approach that ties the notification distance to the scale
or scope of the project under consideration is the most logical approach to consider. As an
example, the City of Mission Viejo uses a model that ties the notification range to the level of a
project’s environmental review required under the California Environmental Quality Act, or
CEQA. Under this model, projects which are Categorically Exempt from CEQA are subject to
the standard 300 foot noticing range; projects that are subject to a Negative Declaration or
REQUEST FOR CITY COUNCIL DIRECTION ON POTENTIAL CHANGES TO THE CITY’S MAIL
NOTICE DISTANCE REQUIREMENTS FOR PUBLIC HEARINGS ASSOCIATED WITH
DISCRETIONARY LAND USE PERMITS
July 25, 2017
Page 3 of 4
Mitigated Negative Declaration are subject to a 500 foot notification range; and, projects that are
subject to an Environmental Impact Report, or any amendments or addenda thereto, would be
subject to a 1,000 foot notification range. Staff believes that this “sliding scale” approach is
ideal because it ties the notification area to a range that is commensurate to a project’s presumed
impact upon the community. However, an important point to consider is the fact that the
overwhelming majority of land use permits considered by the Planning Commission and City
Council are Categorically Exempt from CEQA. Therefore, under this model, only a limited
number of projects would be subject to an expanded notification range unless the Planning
Director elected to expand the range as a result of a unique circumstance. As a result, should the
City Council decide to expand the current notification radius using the sliding scale approach,
staff recommends that a 500 foot notification range be used for Categorically Exempt projects.
A series of sample noticing maps illustrating the difference between a 300 foot and 500 foot
radius are included as Attachment 1. Reserving the right of the Planning and Building Director
to modify the notification range, should circumstances warrant, would also be an important
provision to include in any possible amendment to the City’s current practices. Ten of the 33
cities surveyed use a minimum 500 foot notification range for all public hearings, regardless of
the projects minimum size or scale. Orange County cities that utilize a minimum 500 foot
noticing range for typical land use-related hearings include Brea, Dana Point, Huntington Beach,
Irvine, Santa Ana, Stanton, Seal Beach and Westminster. Staff believes that this recommended
approach would balance the desire to expand the level of community engagement in land use
matters without imposing an undue burden on project applicants.
Should the City Council direct staff to proceed with changes to the City’s current noticing
practices, staff would prepare an Ordinance amending Title 18 of the Anaheim Municipal Code
(Zoning Code) to incorporate the new requirements. The Ordinance would be considered by the
Planning Commission and City Council.
IMPACT ON BUDGET:
The cost of printing and mailing public hearing notices associated with Planning Commission
and City Council public hearing items are paid out of the Planning Department’s General Fund
budget allocation. These costs are not directly passed on to a project applicant. In cases where a
Planning Commission action is appealed to the City Council, these costs are covered by the $350
appeal fee paid to the City Clerk’s office. If the City Council elects to change the City’s existing
mailed notification range in a manner consistent with the approach taken by Mission Viejo, there
would be very little impact to the City’s General Fund as nearly all projects considered by the
Planning Commission are Categorically Exempt from CEQA. Should the City Council elect to
increase the minimum notification range to 500 feet for all projects as recommended by staff (a
40% distance increase over the existing 300 foot notification range), then the City’s printing and
postage costs would presumably increase by approximately 40%, as well. In FY 16/17, the City
incurred $12,800 in noticing costs. A 40% increase would amount to a total cost of $17,900.
REQUEST FOR CITY COUNCIL DIRECTION ON POTENTIAL CHANGES TO THE CITY’S MAIL
NOTICE DISTANCE REQUIREMENTS FOR PUBLIC HEARINGS ASSOCIATED WITH
DISCRETIONARY LAND USE PERMITS
July 25, 2017
Page 4 of 4
Respectfully submitted,
David Belmer
Planning and Building Director
Attachment:
1. Sample Notification Maps
H A C I E N D A S T
HIAWATHA AVE
EMBASSY AVE
HACIENDA PL
F L O R E T T E S T EMBASSY ST
MANCHESTER CT
WILSHIRE AVE
L O A R A S T
C R E S C E N T W A Y
PENHALL WAY
PA MPAS L N
E U C L I D W A Y
E U C L I D S T
LINCOLN AVE LI N CO LN AVE LINCOLN AVE
L O A R A S T
E U
C L
I D
S T
4215
Map Location
°0 220 440
Feet
City of AnaheimGIS CentralJuly 14, 2017
Legend
Subject Property - DEV2016-00025
300 Foot Buffer 34 Addresses
500 Foot Buffer 46 Addresses
B A R B A R A W A Y
DUTCH AVE
ROBBINS CT
M
AL CT
BELVEDERE RD
K I N G S L E Y S T
P A R K V I S T A S T
HEMPSTEAD RD
HEMPSTEAD RD
ASBURY PL
G L E N D O N S T
Q U E E N S B U R Y S T
B A R B A R A S T
A L I C E S T
T R E V O R S T
A L I C E C I R
GREENHEDGE AVE
4215
Map Location
°0 130 260
Feet
City of AnaheimGIS CentralJuly 14, 2017
Legend
Subject Property - DEV2016-00111
300 Foot Buffer 50 Addresses
500 Foot Buffer 111 Addresses
1
ATTACHMENT NO. 2
REDLINED TO SHOW
REVISIONS TO CURRENT
MUNICIPAL CODE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 18.60 (PROCEDURES) OF
TITLE 18 (ZONING) OF THE ANAHEIM
MUNICIPAL CODE AND FINDING AND
DETERMINING THAT THIS ORDINANCE IS
EXEMPT FROM THE REQUIREMENTS TO
PREPARE ADDITIONAL ENVIRONMENTAL
DOCUMENTATION PER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES, SECTION 15060(C)(2) BECAUSE IT
WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT
PHYSICAL CHANGE IN THE ENVIRONMENT.
(ZONING CODE AMENDMENT NO. 2017-00145)
(DEV2017-00123)
WHEREAS, the California Government Code prescribes minimum noticing requirements
for public hearings that are required to be held prior to consideration of certain land use
applications including, but not limited to, conditional use permits, variances, zone changes and
subdivision maps; and
WHEREAS, the City Council of the City of Anaheim desires to provide notice in excess
of the minimum State-law requirements in certain circumstances; and
WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State
CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of
environmental documents for this ordinance; and
2
WHEREAS, the City Council finds and determines that this ordinance is exempt from the
requirements to prepare additional environmental documentation pursuant to CEQA Guidelines
Section 15060(c)(2), because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment; and
WHEREAS, the City Council determines that this ordinance is a matter of citywide
importance and necessary for the preservation and protection of the public peace, health, safety
and/or welfare of the community and is a valid exercise of the local police power and in accord
with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Section 18.60.100 (Notice of Public Hearing) of Chapter 18.60
(Procedures) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.60.100 NOTICE OF PUBLIC HEARING.
Notice of the public hearing shall be provided, as required by state law, the
California Government Code and, in addition, notice will be required pursuant to
the Subsections below. including special provisions for drive-through
facilities. The description of the property shall include a reference to the nearest
public street intersection, and the direction of the project site relative to that
intersection. A fee may be charged for providing notice to anyone who is not
specifically required to be notified but who has filed a written request for notice
with the City. (Ord. 5920 § 1 (part); June 8, 2004.)
.010 Publication in Newspaper. Notice of public hearing for projects that
apply citywide, such as an amendment to the General Plan or the Zoning Code,
shall be published in the newspaper of general circulation designated for the
publishing of legal notices by the City Council pursuant to City Charter Section
517 and shall clearly state that the project applies citywide, nature of the request,
date, time and place of the scheduled hearing and the hearing body.
.020 Categorical Exemptions, Negative Declarations and Mitigated Negative
Declarations. Notice of public hearing for non-citywide projects recommended
for consideration of a Categorical Exemption, Negative Declaration or Mitigated
Negative Declaration in accordance with the California Environmental Quality
Act (CEQA) Guidelines shall be mailed to owners and tenants of property within
a radius of five-hundred (500) feet of the exterior boundaries of the property
involved in the application request. The notice shall clearly state the nature of the
request, location of the property, date, time and place of the scheduled hearing
and the hearing body.
3
.0201 The Director of Planning and Building may direct that notice be
mailed beyond the minimum 500-foot radius if necessary to ensure equitable
noticing to neighboring properties.
.030 Environmental Impact Reports. Notice of public hearing for non-
citywide projects requiring an Environmental Impact Report in accordance with
the CEQA Guidelines shall be mailed to owners and tenants of property within a
radius of one-thousand (1,000) feet of the exterior boundaries of the property
involved in the application request and shall be issued in accordance with CEQA
and the CEQA Guidelines.
.0301 The Director of Planning and Building may direct that notice be
mailed beyond the minimum 1,000-foot radius if necessary to ensure equitable
noticing to neighboring properties.
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other por tions of this
ordinance independent of the elimination of any such portion as may be declared invalid. If any
section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
///
///
///
///
4
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the ____ day of ______________, 2018, and thereafter
passed and adopted at a regular meeting of said City Council held on the ____ day of
______________, 2018, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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.