PC 2019/04/15
City of Anaheim
Planning Commission
Agenda
Monday, April 15, 2019
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Commissioners: John Armstrong, Kimberly Keys, Michelle Lieberman,
Natalie Meeks, Rosa Mulleady, Dave Vadodaria, Steve White
• Call To Order - 5:00 p.m.
• Pledge Of Allegiance
• Items of Public Interest
Oath or Affirmation of Allegiance:
Swearing in of Planning Commissioners Natalie Meeks, Rosa Mulleady,
Dave Vadodaria and Steve White
• Appointments
Planning Commission Chairperson and Chairperson Pro-Tempore
• 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,
April 11, 2019, 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
04-15-2019
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.
Items of Public Interest
Oath or Affirmation of Allegiance: Planning Commissioners Natalie Meeks,
Rosa Mulleady, Dave Vadodaria and Steve White
Planning Commission Appointments
Appointment of a Planning Commission Chairperson (Motion)
Appointment of a Planning Commission Chairperson Pro-Tempore (Motion)
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.
04-15-2019
Page 3 of 5
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2019-06005
PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145
(DEV2019-00015)
Location: 2100-2120 East Howell Avenue
Request: The applicant requests approval of (i) a
conditional use permit to allow a bar with sales of beer
and wine for on and off-premises consumption within an
existing industrial building; and, (ii) an associated
Determination of Public Convenience or Necessity to
permit the sale of beer and wine for on and off-premises
consumption.
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. ______
Resolution No. ______
Project Planner:
Scott Koehm
skoehm@anaheim.net
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 4177A
(DEV2018-00145)
Location: 1331 North Euclid Street
Request: The applicant requests approval of an
amendment to a previously-approved Conditional Use
Permit to construct a new 4,010 square foot car wash
facility for an existing automobile dealership facility
(Miller Toyota).
Environmental Determination: The Planning Commission
will consider whether the proposed project is Categorically
Exempt from the requirements to prepare additional
environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15303 (Class 3 New Construction or Conversion of Small
Structures).
Resolution No. ______
Project Planner:
Wayne Carvalho
wcarvalho@anaheim.net
04-15-2019
Page 4 of 5
ITEM NO. 4
DEVELOPMENT AGREEMENT NO. 99-01E
(DEV2010-00166I)
Location: Anaheim GardenWalk Project Site
Request: To amend the Development Agreement
between the City of Anaheim and Westgate Resorts
Anaheim, LLC for the Westgate Timeshare Project within
the Anaheim GardenWalk Project to extend the
Commencement of Construction date from March 23,
2019 to October 1, 2021.
Environmental Determination: The Planning
Commission will consider whether the previously
approved Mitigated Negative Declaration and
subsequent addenda analyzed the environmental
impacts of the proposed amendment to the
Development Agreement pursuant to the requirements
of the California Environmental Quality Act (CEQA) and
that no further environmental analysis shall be prepared
pursuant to Section 15162 of the CEQA Guidelines.
Resolution No. ______
Project Planner:
Elaine Thienprasiddhi
ethien@anaheim.net
ITEM NO. 5
ZONING CODE AMENDMENT NO. 2019-00160
(DEV2019-00031)
Location: Citywide
Request: A City-initiated amendment to Title 18
(Zoning) of the Anaheim Municipal Code modifying
Chapters 18.08 (Commercial Zones), 18.36 (Types of
Uses) and 18.38 (Supplemental Use Regulations) to
facilitate the conversion of existing motel and other
viable commercial and office structures to allow multiple-
family, transitional and supportive housing for low-
income persons subject to certain development and
performance standards.
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).
Motion
Project Planner:
Gustavo Gonzalez
ggonzalez@anaheim.net
04-15-2019
Page 5 of 5
Adjourn to Monday, April 29, 2019 at 5:00 p.m.
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
2:45 p.m. April 10, 2019 (TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
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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 15, 2019
SUBJECT: CONDITIONAL USE PERMIT NO. 2019-06005 AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145
LOCATION: 2120 East Howell Avenue, Unit 410 (Red Beards Taproom)
APPLICANT/PROPERTY OWNER: The applicant is Scott Nelson and the
property owner is Teri Allen, representing PI Stadium II, LLC.
REQUEST: The applicant is requesting approval of a Conditional Use Permit (CUP)
to permit a bar with sales of beer and wine for on and off-premises consumption within
an existing industrial building; and, a determination of Public Convenience or
Necessity (PCN) to permit the sale of beer and wine for on and off-premises
consumption.
RECOMMENDATION: Staff recommends that the Planning Commission approve
the attached resolutions, determining that this request is categorically exempt under
the California Environmental Quality Act (CEQA), Section 15301, Class 1 (Existing
Facilities), and approving CUP2019-06005 and PCN2019-00145.
BACKGROUND: The 6.3-acre property is developed with six industrial buildings
and is located within the Platinum Triangle, in the Industrial (I) Zone and the Office
District of the Platinum Triangle Mixed Use (PTMU) Overlay Zone. The General
Plan designates the property for Office-High land uses. In addition to the goals and
policies of the General Plan and the requirements of the Anaheim Municipal Code
(Code), the Platinum Triangle Master Land Use Plan (PTMLUP) provides the
Planning Principles for development within the Platinum Triangle. Surrounding land
uses include industrial uses to the west and north across Howell Avenue, an auto
auction facility to the east, and the Atchison Topeka and Santa Fe Railroad to the south.
PROPOSAL: The applicant proposes to operate a bar with the sales of beer and wine
for on and off-premises consumption. The applicant’s Letter of Request (Attachment
No. 3) describes the business as a “taproom” specializing in serving specialty craft
beers from local independent breweries. Red Beards Taproom will also sell
prepackaged food. Bottles of beer and wine will be available for sale for off-premises
consumption. The proposed hours of operation are 4 p.m. to 12 a.m. Monday through
Friday, 11 a.m. to 12 a.m. on Saturday, and 9 a.m. to 9 p.m. on Sunday. There will be
no manufacturing of alcoholic beverages in conjunction with the proposed use.
CONDITIONAL USE PERMIT NO. 2019-06005, AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145
April 15, 2019
Page 2 of 6
The proposed taproom will be 1,572 square feet and located in one of the existing buildings on the
property fronting on to Howell Avenue. The aerial photograph below highlights the subject site in
yellow. The interior of the taproom’s tenant space will have bar seating, as well as, fixed seats at
tables. No exterior changes to the building are proposed.
The Code requires 228 parking spaces to meet the parking demand for all six of the industrial
buildings shown below, including 27 parking spaces for the proposed taproom. The subject
property has 270 spaces; and therefore, even with the proposed taproom, there would be a surplus
of 42 spaces for all uses combined on the property.
Taproom Location
FINDINGS AND ANALYSIS:
Conditional Use Permit (CUP): Before the Planning Commission may approve a CUP, 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 CUP is authorized by this
code;
CONDITIONAL USE PERMIT NO. 2019-06005, AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145
April 15, 2019
Page 3 of 6
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 CUP under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
Staff has determined that the proposed taproom is consistent with the Code’s “Bars and
Nightclubs” type of use category. This use class consists of establishments that primarily serve
beer, wine, or other alcoholic beverages to be consumed on-premises, with or without food service.
This category does not include bars that are accessory to restaurants. This type of use requires a
“public premises”-type license issued by the California Department of Alcoholic Beverage
Control. In addition to the sale of alcohol for on premises consumption, the proposed taproom will
also sell bottles of beer and wine for off premises consumption.
The proposed taproom would be located within an existing building and is therefore, subject to the
Code requirements of the Industrial Zone. The property owner can only elect to use the PTMU
Overlay Zone if the proposed project is for new construction. Bars and the sale of alcohol for off
premises consumption require approval of a CUP in the Industrial Zone in order to determine
compatibility with surrounding land uses.
The primary function of the proposed taproom would be to serve the local residents and visitors in
the Platinum Triangle. Staff believes that the taproom would not adversely affect the surrounding
land uses or the growth and development of the area if the applicant operates the business in a
responsible manner and in compliance with the recommended conditions of approval. These
conditions include the prohibition of any admission fee or coverage charge, limiting the hours of
operation to 12:00 a.m., and a requirement that employees complete California Department of
Alcoholic Beverage Control (ABC) Licensee Education on Alcohol and Drugs (LEAD) training.
In addition, the Anaheim Police Department has required security measures for the orderly and
safe operation of the business. Based on these factors, staff believes that the proposed use would
be compatible with the surrounding area and recommends approval of the CUP.
Determination of Public Convenience or Necessity (PCN): The proposed sales of beer and wine
for on and off-premises consumption will require issuance of a Type 42 (On Sale Beer and Wine
– Public Premises) license from ABC. Although named “On Sale Beer and Wine – Public
Premises,” a Type 42 license authorizes the sale of beer and wine for consumption on or off the
premises. State law limits the issuance of ABC licenses when a business requests this type of
license for a property located in a police-reporting district with a crime rate above the City average,
CONDITIONAL USE PERMIT NO. 2019-06005, AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145
April 15, 2019
Page 4 of 6
or when there is an over-concentration in the number of ABC licenses within a census tract.
However, the law also states that ABC can waive this restriction if the local jurisdiction makes a
determination that the proposed license would serve a "public convenience or necessity."
The property is within Police Reporting District No. 2028, which has a crime rate that is below the
citywide average. In addition, there were no calls for service at this location in the last year.
Therefore, state law would not limit the issuance of ABC licenses for this property based of the
crime rate. The Police Department also evaluates requests for ABC licenses based on the crime
rate within a one-quarter mile radius of the subject site. Over the last year, the crime rate within a
one-quarter mile radius of this property was also below the citywide average based upon calls for
service. The calls consisted of 17 petty thefts, eight auto burglaries, seven drug violations, six
simple assaults, and six commercial forgeries. The Police Department does not oppose this request
and has provided conditions of approval for the operation of this business. These conditions have
been included in the draft resolutions for the CUP and PCN.
This property is located within Census Tract No. 863.03, which has a population of 6,212 residents.
Based on population size, the State would consider the subject census tract over-concentrated with
licenses for the sale of beer and wine for on-site consumption (referred to as “on-sale”) at bars if
there are more than seven on-sale licenses. The State would consider the area over-concentrated
with licenses to sell alcohol for off-site consumption (referred to as “off-sale”) if there are more
than three off-sale licenses. There are presently 20 on-sale licenses and five off-sale licenses in the
tract. Additionally, on April 2, 2019 the City Council approved an application for a 7-Eleven
convenience store at 902 East Katella Avenue with sales of beer and wine for off-premises
consumption within this census tract. While ABC has not yet issued a license for this business,
staff anticipates this to be the possible sixth off-sale license in this tract.
The Red Beards Taproom would be obtaining a new on and off-sale license from ABC, which
would increase these numbers to 21 on-sale licenses and potentially seven off-sale licenses,
respectively. Therefore, since the State’s threshold is seven on-sale licenses and three off-sale
licenses, the subject property is in an area that has an over-concentration of ABC licenses.
However, the law also states that ABC can waive this restriction if the local jurisdiction makes a
determination that the proposed license would serve a "public convenience or necessity." Since
there is an over-concentration of licenses in the census tract, a “determination of public
convenience or necessity" is required for this license request.
Staff believes that the over-concentration is justified based upon the location of the taproom in the
Platinum Triangle. The General Plan and the PTMLUP designate the Platinum Triangle for higher
density development that will include a mix of residential and non-residential uses, in addition to
the area’s sports and entertainment venues. Currently, the Platinum Triangle includes 4,084
constructed residential units; however, full build-out of the PTMLUP allows for 17,501 residential
units. Although there is currently, an over-concentration of licenses, staff believes that the existing
and anticipated population within the Platinum Triangle, and the additional employees and visitors
to the area, provide justification for a determination of Public Convenience or Necessity.
CONDITIONAL USE PERMIT NO. 2019-06005, AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145
April 15, 2019
Page 5 of 6
Alcohol Licenses Within the 863.03 Census Tract
Environmental Impact Analysis: Staff recommends the Planning Commission find that the
effects of the proposed project are Categorically Exempt from the requirements to prepare
additional environmental documentation per California Environmental Quality Act (CEQA)
Guidelines, Section 15301, Class 1 (Existing Facilities). Class 1 consists 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 the lead agency's determination. The
proposed project meets these criteria. Pursuant to Section 15301 of Title 14 of the California
Code of Regulations, there are no unusual circumstances in respect to the proposed project for
which staff would anticipate a significant effect on the environment and, therefore, the proposed
project is categorically exempt from the provisions of CEQA.
CONDITIONAL USE PERMIT NO. 2019-06005, AND
PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145
April 15, 2019
Page 6 of 6
CONCLUSION: The proposed taproom would contribute towards PTMLUP Planning Principle
2.1.1 Balance and Integrate Uses. This principle states that:
In order to maximize long-term property value, the Platinum Triangle will not only
provide new, balanced development opportunities for office, residential and
sports/entertainment and allow existing industrial uses to continue, but link the
various uses together with walkable streets, open space and consistent landscape.
Regardless of market strengths for any one use at a given time, the opportunity and
value for all uses will be enhanced by a supportive, integrated and multi-use district
approach.
The proposed taproom is a viable use of an existing industrial building within the Platinum
Triangle. The proposed taproom would be located near the stadium and arena entertainment areas,
in close proximity to area residents, employees and visitors. Staff believes that with the proposed
conditions of approval, the subject taproom would be compatible with the surrounding industrial
land uses, rail road and auto auction. Staff recommends approval of this request.
Prepared by, Submitted by,
Scott Koehm Susan Kim
Senior Planner Principal Planner
Attachments:
1. Draft Conditional Use Permit Resolution
2. Draft Public Convenience or Necessity Resolution
3. Letter of Request
4. Police Department Memorandum
5. Plans
6. Site Photos
I (PTMU)DEV 2019-00015NORTH STADIUMBUSINESS CENTER
(PTMU)RAILROADO-L (PTMU)Katella Sub-Area CTOWNPLACE SUITESBY MARRIOTT
I (PTMU)TILE STORE I (PTMU)INDUSTRIAL
I (PTMU)RESTAURANT
O-L (PTMU)Katella Sub-Area CCOMMUNITY BANK
O-L (PTMU)Katella Sub-Area CSADDLEBACK CHURCH
O-L (PTMU)Katella Sub-Area COFFICES
I (PTMU)OFFICEPARKING LOT
I (PTMU)AUTO REPAIR/SERVICE
ISTADIUM PLAZABUSINESS PARK
IINDUSTRIAL
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ITILE STORES
ITILE STORES
ITILE STORESITILE STORES
O-L (PTMU)Katella Sub-Area CPARKING LOT
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[DRAFT] ATTACHMENT NO. 1
- 1 - PC2019-***
RESOLUTION NO. PC2019-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2019-06005 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2019-00015)
(2120 EAST HOWELL AVENUE, UNIT 410)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Conditional Use Permit No. 2019-06005 to permit a bar
with sales of beer and wine for on and off-premises consumption within an existing industrial
building with a new “Type 42” On-Sale Beer and Wine – Public Premises Alcoholic Beverage
Control (ABC) license to permit the sale of beer and wine for on and off-site consumption (the
“Project”), for certain real property located at 2120 East Howell Avenue, Unit 410 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. 2019-06005 is proposed in conjunction with
Public Convenience or Necessity No. 2019-00145, now pending, which, together with the
Project, shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property, consisting of approximately 6.3 acres, is developed with an
industrial business center. The Anaheim General Plan designates the Property for “O-H” Office
High land uses. The Property is located within the underlying “I” Industrial Zone, and the
"PTMU" Platinum Triangle Mixed Use Overlay Zone; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 15, 2019 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, this Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 –
Existing Facilities) which consists of construction and location of limited numbers of new, small
facilities or structures, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines,
the Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
- 2 - PC2019-***
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. 2019-06005, does find and
determine the following facts:
1. The proposed request to permit a bar with sales of beer and wine for on and off-
premises consumption within an existing industrial building with a new “Type 42” On-Sale Beer
and Wine – Public Premises ABC license to permit a bar with sales of beer and wine for on and
off-premises consumption within an existing industrial building is an allowable use within the
"I" Industrial Zone under Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the
Code, subject to a conditional use permit and the zoning and development standards of the "I"
Industrial Zone.
2. The Proposed Project, under the conditions imposed, is compatible with the existing
and proposed uses in the surrounding area.
3. The size and shape of the site for the Proposed Project, under the conditions
imposed, is adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area or to the health and safety because the bar will adhere to all
required land use standards, including the required number of parking spaces.
4. The traffic generated by the Proposed Project, 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 exceed the levels anticipated
and analyzed in this area.
5. The granting of the Proposed Project, under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project
will be compatible with the surrounding area through conditions of approval for the use and
would not be a health or safety risk to the citizens of the City of Anaheim; and
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
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. 2019-06005, contingent upon and subject to (i) approval of
Public Convenience or Necessity No. 2017-00145, 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. 2019-06005 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
- 3 - PC2019-***
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 15, 2019. 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 - PC2019-***
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 15, 2019, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2019-***
- 6 - PC2019-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2019-06005
(DEV2019-00015)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1 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
2 Applicant shall contact Water Services Cross Connection Control at
714-765-5203 to determine whether a backflow prevention device
must be installed on the Applicant’s internal and external plumbing
systems. Backflow prevention device(s) shall be installed if
determined to be required.
Public Utilities,
Water Engineering
GENERAL CONDITIONS
3 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.
Police Department
4 The business shall not be operated in such a way as to be detrimental
to the public health, safety, or welfare.
Police Department
5 Any and all security officers provided show comply with all State
and Local ordinances regulating their services, including without
limitation, Chapter 11.5 in Division 3 of the California Business and
Professions Code (Section 4.16.070 Anaheim Municipal Code).
Police Department
6 Security measures shall be provided to the satisfaction of the
Anaheim Police Department. Such measures of shell deter unlawful
conduct of employees and patrons, promote the safe and orderly
assembly and movement of persons and vehicles, and prevent
disturbances to the neighborhood by excessive noise created by
patrons entering or leaving the premises.
Police Department
7 Managers, owners, and wait staff need to call the Department of
Alcoholic Beverage Control and obtain LEAD (Licensee Education
on Alcohol and Drugs Program) training. The contact number is
714-558-4101. A similar program may be used as long as it is
certified and must be renewable.
Police Department
8 There shall be no admission fee, cover charge, nor minimum
purchase required.
Police Department
9 Signs shall be posted inside all doors stating, “No open alcoholic
beverages allowed past this point.”
Police Department
- 7 - PC2019-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
10 Doors shall be kept closed at all times during the operation of the
premises except in cases of emergency.
Police Department
11 Hours of operation shall be limited to 12:00 midnight each night of
the week.
Police Department
12 There shall be no entertainment, amplified music, or dancing
permitted on the premises at any time unless the proper permits have
been obtained from the City of Anaheim.
Police Department
13 Vehicle deliveries including loading and unloading shall only be
performed on site in the designated loading shown as shown on the
site plan. Deliveries shall not take place on any part of the public
right of way.
Public Works,
Traffic Engineering
14 All landscaping shall be maintained in perpetuity in conformance
with Chapter 18.46 “Landscape and Screening” of the Anaheim
Municipal Code. Landscaping shall be replaced in a timely manner
in the event that it is removed, damaged, diseased and/or dead.
Planning and Building
Department,
Code Enforcement
Division
15 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
16 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
17 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 - PC2019-***
RESOLUTION NO. PC2019-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM DETERMINING PUBLIC
CONVENIENCE OR NECESSITY NO. 2019-00145 TO PERMIT
A TYPE 42 (ON SALE BEER AND WINE – PUBLIC
PREMISES) ALCOHOLIC BEVERAGE CONTROL LICENSE
AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2019-00015)
(2120 EAST HOWELL AVENUE, UNIT 410)
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. 2019-00145 for a new “Type 42” On-Sale Beer and Wine – Public Premises Alcoholic
Beverage Control (ABC) license to permit a bar with sales of beer and wine for on and off-
premises consumption within an existing industrial building (“Project”) for certain real property
located at 2120 East Howell Avenue, Unit 410, 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. 2019-00145 is proposed in
conjunction with a request for Conditional Use Permit No. 2019-06005, now pending, which
together with the Project, shall be referred to herein collectively as the “Proposed Project”; and
WHEREAS, the Property, consisting of approximately 6.3 acres, is developed with an
industrial business center. The Anaheim General Plan designates the Property for “O-H” Office
High land uses. The Property is located within the underlying “I” Industrial Zone, and the
"PTMU" Platinum Triangle Mixed Use Overlay Zone; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 15, 2019 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, this Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 –
Existing Facilities) which consists of construction and location of limited numbers of new, small
facilities or structures, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines,
- 2 - PC2019-***
the Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for a Determination of Public Convenience or Necessity
No. 2019-00145, 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 - PC2019-***
5. The Property is located within Census Tract No. 863.03 with a population of
6,212 that allows for three off-sale ABC licenses and seven on-sale licenses. There are presently
five off-sale ABC licenses and 20 on-sale licenses in the tract. The Property is located in Police
Reporting District No. 2028, which has a crime rate that is below the City-wide average. The
Police Department evaluates these requests based on the crime rate within a one-quarter mile
radius of the Property for the subject site. The crime rate within ¼ mile of this Property is also
below the City-wide average based upon calls for service. Since there is an overconcentration of
off-sale licenses in the census tract, a determination of "public convenience or necessity" is
required for this ABC license request.
6. The request to permit a bar with sales of beer and wine for on and off-premises
consumption 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 Proposed Project is
compatible with the nearby entertainment venues and mixed-use residential developments and is
intended to serve the area visitors and residents; 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; and
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
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. 2019-00145, contingent upon and subject to (i)
approval of Conditional Use Permit No. 2019-06005, 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 - PC2019-***
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 15, 2019. 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 - PC2019-***
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 15, 2019, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2019-***
- 7 - PC2019-***
EXHIBIT “B”
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145
(DEV2019-00015)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1 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.
Police Department
2 The business shall not be operated in such a way as to be detrimental
to the public health, safety, or welfare.
Police Department
3 Any and all security officers provided show comply with all State and
Local ordinances regulating their services, including without
limitation, Chapter 11.5 in Division 3 of the California Business and
Professions Code (Section 4.16.070 Anaheim Municipal Code).
Police Department
4 Security measures shall be provided to the satisfaction of the Anaheim
Police Department. Such measures of shell deter unlawful conduct of
employees and patrons, promote the safe and orderly assembly and
movement of persons and vehicles, and prevent disturbances to the
neighborhood by excessive noise created by patrons entering or
leaving the premises.
Police Department
5 Managers, owners, and wait staff need to call the Department of
Alcoholic Beverage Control and obtain LEAD (Licensee Education on
Alcohol and Drugs Program) training. The contact number is 714-
558-4101. A similar program may be used as long as it is certified
and must be renewable.
Police Department
6 There shall be no admission fee, cover charge, nor minimum purchase
required.
Police Department
7 Signs shall be posted inside all doors stating, “No open alcoholic
beverages allowed past this point.”
Police Department
8 Doors and shall be kept closed at all times during the operation of the
premises except in cases of emergency.
Police Department
9 Hours of operation shall be limited to 12:00 midnight each night of the
week.
Police Department
10 There shall be no entertainment, amplified music, or dancing
permitted on the premises at any time unless the proper permits have
been obtained from the City of Anaheim.
Police Department
11 All landscaping shall be maintained in perpetuity in conformance with
Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal
Code. Landscaping shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
Planning and Building
Department,
Planning Services
Division
- 8 - PC2019-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
February 7th 2019
Letter of Request for Red Beards Taproom
Objective
Set up a Taproom in Anaheim California. Our plan is to carry specialty craft beers from around the
state and within the local region from independent craft brewers. We applying for a Type 42 License
for on sale Beer and Wine for Public premises. We will serve beer, cider and meads from roughly 30
taps. We will offer wine, packaged food and carry bottles of craft beer.
Target Audience
Our target audience will be local residents, sporting and beer enthusiasts. We plan on offering a
friendly atmosphere where friends and family can enjoy fine craft beers along with watching sporting
events.
The Management Team
Red Beard’s taproom will be run by Scott Nelson and Al Pirruccello who will be joint partners. We
both have been in the construction industry for over 30 years in the Southern California area. In our
earlier years we both had worked in the restaurant and bar industry. Red Beards will be a Taproom
privately funded by Scott Nelson & Al Pirruccello.
Employees
As the business grows, we plan on hiring local staff to support the growth of the Taproom.
Opportunity
Keys to success:
• Have 30 or more good quality craft beers, ciders and meads on tap.
• Create customer awareness through the internet, social media and word of mouth.
• Well-designed taproom with a unique and entertaining atmosphere.
Hours of Operation
Our starting hours of operation will be 4 pm to 12 am Monday- Friday, 11 am to 12 am Saturday, and
9 am to 9 pm Sunday. These hours may vary depending on customer flow. Parking is a shared
parking lot and we have 14 spaces avaible during our hours of operation for vehicles. We expect
local foot traffic from the surrounding businesses, homes and sporting venues in the area.
ATTACHMENT NO. 3
ATTACHMENT NO. 4
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2100 East Howell Avenue
2120 East Howell Avenue
2020 Eas
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412411410409408
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413416 - 417415414
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401402403404
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601-602
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ATTACHMENT NO. 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
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: APRIL 15, 2019
SUBJECT: CONDITIONAL USE PERMIT NO. 4177A
LOCATION: 1331 North Euclid Street (Miller Toyota)
APPLICANT/PROPERTY OWNER: The agent is Neil Sander of Independence
Engineering, Inc., representing the applicant, Daryl Burman of Group 1
Automotive, Inc. The property owner is Property Reserve, Inc. represented by
Bruce Christensen.
REQUEST: The applicant requests an amendment to a previously-approved
Conditional Use Permit to construct a new 4,010 square foot car wash facility in
conjunction with an existing automotive dealership.
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 (CEQA) under Class 3 (New Construction or Conversion of Small
Structures) of the State CEQA Guidelines, and approving Conditional Use Permit
No. 4177A.
BACKGROUND: The 7-acre site is located at the northwest corner of Euclid
Street and Medical Center Drive, directly south of the eastbound 91 Freeway off-
ramp at Euclid Street. The project site has a General Plan land use designation of
General Commercial and is currently zoned “C-G” General Commercial.
Surrounding land uses include commercial and single family residential uses to the
east across Euclid Street, commercial and medical office uses to the south across
Medical Center Drive, a senior apartment and assisted living community (Emerald
Court) to the west, and the 91 Freeway to the north.
PROPOSAL: The applicant proposes to demolish 750 square feet of the existing
76,000 square foot dealership building in order to construct a new 4,010 square foot
car wash facility. The 18-foot high carwash addition would be located along the
west side of the existing 40-foot high building with openings oriented toward the 91
Freeway off-ramp to the north and Medical Center Drive to the south. No changes
are proposed to an existing 8-foot high block wall along the west property line. The
enclosed automatic car wash would be limited to private use for on-site service and
would replace the manual handwashing that occurs within the existing service bays
or off-site following the sale or servicing of vehicles. No public use of the carwash
is proposed.
CONDITIONAL USE PERMIT NO. 4177A
April 15, 2019
Page 2 of 5
The carwash would be ancillary to the dealership’s sales and service operation and would not
generate any additional vehicle trips, nor would the car wash increase the dealership’s parking
demand. There would be no increase in the number of employees as a result of the enclosed
carwash operation. The applicant indicates that the new carwash would allow the dealership to
maximize the use of existing service bays and improve the reclamation of wash water from 0%
to approximately 39%.
SITE PLAN
CONDITIONAL USE PERMIT NO. 4177A
April 15, 2019
Page 3 of 5
The proposed carwash addition would comply with all C-G zone development standards,
including building height, setbacks, floor area ratio and parking. Attachment 1 provides a
development summary demonstrating the project’s compliance with Municipal Code
requirements.
WEST ELEVATION
The new addition is designed to be compatible with the existing dealership building and would be
constructed of similar materials including concrete masonry block walls, an aluminum and glass
overhead door system, and metal coping, all painted to match the existing building. The carwash
facility would be entirely enclosed with all mechanical equipment (wash machinery and blower)
located within the building.
SOUTH ELEVATION (PARTIAL)
The proposed hours of the carwash operation would coincide with the business hours of the
dealership, from 7:00 a.m. to 10:00 p.m. Monday through Saturday, and 7:00 a.m. to 9:00 p.m. on
Sundays. Peak hours of the carwash use would occur between 7:00 a.m. and 6:00 p.m.
CONDITIONAL USE PERMIT NO. 4177A
April 15, 2019
Page 4 of 5
ANALYSIS: Automotive washing facilities are permitted subject to the approval of a
conditional use permit in the C-G zone. However, this request was processed as an amendment
to the original conditional use permit for the dealership. The purpose of this conditional use
permit amendment is to ensure proper design and function of the car wash facility, and to ensure
that the vehicular circulation and car wash operations do not impact surrounding properties.
Staff carefully considered the potential impacts of the proposed car wash improvements on
surrounding properties, including circulation, noise and parking.
Circulation: The proposed carwash would not require any customer stacking or queuing as car
washes would be performed on an as-needed basis by the auto dealership employees. As noted
above, the car wash would be restricted to private use and would not be open to the public.
Service employees would operate the carwash with no access to customers so no impacts to
stacking is expected. The cars would enter the carwash from the north end and exit the south end
with the entire wash cycle occurring inside the building. Staff has reviewed the on-site
circulation and does not anticipate any circulation issues with the proposed carwash operation.
Staff analyzed the proposed site plan and concluded that adequate circulation would continue to
be provided and that existing street circulation patterns would not be impacted.
Noise Impacts: To address potential noise impacts to existing residential uses located to the east
across Euclid Street and directly west of the dealership, an Acoustical Study (Attachment No. 4)
was prepared. The study identified noise sources generated from the carwash and potential noise
impacts on adjacent properties. The study indicated that peak hour noise levels of 62.9 dBA
would exceed the City of Anaheim’s noise standard of 60 dBA. The study also provided
recommended measures to reduce noise to acceptable levels. Options included the following:
Extend the building 25 feet to the south to provide greater distance between
blower and exit door; or
Install a roll-up “garage-type” door at exit to remain closed during operation; or
Install a noise blower/dryer system which reduces the noise by 10 dBA
Emerald Court is a senior apartment community with independent and assisted living housing
located directly west of the proposed carwash addition that would be most affected by any noise
generated from the carwash. In an effort to address potential noise impacts to those residents, the
applicant designed the carwash with an additional 32 feet of building between the blower system
and exit door. In addition, the applicant will install acoustical dampeners on the blower system
that will reduce the overall noise by 5 dBA (Attachment No. 5).
CARWASH FLOOR PLAN
CONDITIONAL USE PERMIT NO. 4177A
April 15, 2019
Page 5 of 5
With implementation of the noise control alternatives cited in the Acoustical Study, including the
design of the building extension and the installation of additional acoustic dampeners on the
blower system, noise impacts resulting from the carwash system will comply with the City of
Anaheim’s Noise Ordinance limitation of 60 dBA, as measured from the nearest property line.
Parking: The dealership currently provides 235 parking spaces in addition to their
inventory/display area. With the carwash addition, the proposed site plan depicts 315 parking
spaces for use by customers and employees with the remaining area for display of vehicles. The
existing dealership is required to provide a total of 296 parking spaces. The carwash use would be
ancillary to the dealership’s sales and service operation and would not increase the dealership’s
parking demand. Furthermore, the operation of the new carwash would not increase the number of
employees at the dealership; therefore, no parking impacts are expected. The applicant will
continue to be required to conduct all vehicle loading and unloading on-site without affecting
circulation on the adjoining streets.
Community Outreach: On January 29, 2019, the applicant hosted a community meeting at the
Emerald Court senior residential community to inform the residents and management about the
proposed project. Approximately 50 residents attended the meeting. The meeting provided an
opportunity for the applicant to explain the scope of the project and answer any questions. The
applicant indicated that in an effort to remain a good neighbor, they held the meeting to receive
input and address concerns raised by the neighbors who were generally receptive of the dealership
and carwash project.
Environmental Impact Analysis: The project’s potential environmental impacts have been
evaluated and staff recommends that the Planning Commission determine that the development
qualifies for a Class 3 “New Construction or Conversion of Small Structures” exemption allowed
under California Environmental Quality Act which consist of the construction and location of
limited numbers of new, small facilities or structures. The proposed project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions of
CEQA.
CONCLUSION: The proposed project complies with all development standards of the C-G zone,
including building setbacks and parking. The ancillary automotive carwash addition has been
designed to ensure that the vehicular circulation and noise generated by the car wash operations do
not impact surrounding properties. As such, staff recommends that the Planning Commission
approve the request for the new carwash facility.
Prepared by, Submitted by,
Wayne Carvalho David See
Contract Planner Principal Planner
Attachments:
1. Development Summary
2. Draft Conditional Use Permit Resolution
3. Letter of Request
4. Noise Study
5. Broadway Noise Reduction System
6. Complete Plan Set
7. Site Photographs
C-GDEV 2018-00145AUTO DEALERSHIP
C-GEMERALD COURTRETIREMENT FACIL ITY191 DU
C-GEMERALD COURTRETIREMENT FACIL ITY191 DU
C-GMEDICAL OFFICE
C-GMEDICAL OFFICE
C-GMEDICAL OFFICE
C-GSERVICE STATION C-GRETAIL
C-GRETAIL
C-GRETAIL
C-GRETAIL
C-GRETAIL
RS-2SINGLE FAMILY RESIDENCE
RS-2SINGLE FAMILY RESIDENCE
RS-2SFR
FULLERTON
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FULLERTON
DEVELOPMENT SUMMARY
MILLER TOYOTA CAR WASH (DEV2018-00145)
Development
Standard
CG Zone Standards
Proposed Project
Land Use Car wash addition to existing Auto
Dealership building
Site Area N/A 305,986 sq. ft. (7.02 ac)
Setbacks L/S/Structural Setback
10’ from freeway/off ramp
15’ from Arterial
10’ from local street
0’ abutting non-residential
25.7’’ to rear to West
Approx. 270’ to South (Medical Center Dr.)
Approx. 220’ to North (91 Fwy. off-ramp)
Building Height 51’ S/B for 2 stories (28’) from Res zone
76’ S/B for 3 stories (38’) from Res zone
18’ for carwash addition
FAR 0.50 0.26 (80,986 sq. ft.)
Parking 2.5 spaces per 1,000 square feet of GFA for
interior showroom, plus 4 spaces per 1,000
square feet of office use, plus 4 spaces per
1,000 square feet of building GFA used for
parts, sales, storage and repair use.
69,189 sq. ft. @ 4/1000 = 276.8 spaces
7,757 sq. ft. @ 2.5/1000 = 19.4
TOTAL Required = 296
4,010 sq. ft. carwash = ancillary use
*Existing Parking = 235 spaces
315 spaces total
6 accessible spaces
+ 254 inventory spaces
ATTACHMENT NO. 1
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2019-***
RESOLUTION NO. PC2019-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 4177A AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2018-00145)
(1331 NORTH EUCLID STREET)
WHEREAS, on February 14, 2000, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission"),
by Resolution No. PC2000-17, approved Conditional Use Permit 4177, in part, to permit an
automotive dealership with accessory auto repair services with waivers to (i) minimum number of
required trees; (ii) required parking lot landscaping; (iii) minimum distance between freestanding
signs; (iv) minimum lot size for an auto dealership to permit a freeway-oriented sign; (v) minimum
number of parking spaces; and (vi) permitted encroachments into required yards (herein referred
to as the “Original CUP”) for that certain real property located at 1331 North Euclid Street in the
City of Anaheim, County of Orange, State of California, as generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for an amendment to the original CUP (Conditional
Use Permit No. 4177A) for the construction of an automotive washing facility (the "Proposed
Project") in conjunction an existing automobile dealership on the Property; and
WHEREAS, the Property is approximately 7.02-acres in size and is designated as General
Commercial in the Anaheim General Plan Land Use Element. The Property is currently zoned
“C-G” General Commercial. As such, the Property is subject to the zoning and development
standards described in Chapter 18.08 (Commercial Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 15, 2019 at 5:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to
hear and consider evidence for and against the Proposed Project, including, specifically,
Conditional Use Permit No. 4177A, 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 - PC2019-***
WHEREAS, the Planning Commission also finds and determines that the effects of the
proposed addition of a new carwash facility to the existing automobile dealership building are
typical of those generated within that class of projects (i.e., Class 3 – New Construction or
Conversion of Small Structures) which consists of the construction and location of limited numbers
of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples
of projects that qualify for an exemption from the provisions of CEQA, one of which being the
construction of commercial buildings not exceeding 10,000 square feet in floor area on sites zoned
for such use if not involving the use of significant amounts of hazardous substances where all
necessary public services and facilities are available and the surrounding area is not
environmentally sensitive. The Proposed Project will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing with respect to the request to permit the Project on the Property does find and determine
the following facts:
1. The proposed request to construct an automotive washing facility in conjunction
with the existing automobile dealership is an allowable use within the "C-G" General Commercial
Zone under subsection .010 of Section 18.08.030.010 (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; and
2. The proposed request to permit the construction of an automotive washing facility
would not adversely affect the adjoining land uses, or the growth and development of the area in
which it is proposed to be located because the Proposed Project will improve the aesthetics of the
improvements on the Property and the overall appearance of the project site by removing
temporary structures and outside uses with a permanent building, and would not have an adverse
effect on adjacent residential and commercial uses; and
3. The size and shape of the site is adequate to allow the full development of the
Proposed Project in a manner not detrimental to either the particular area or health and safety
because the site can accommodate the parking, traffic flows, and circulation without creating
detrimental effects on adjacent properties; and
4. The traffic generated by the Proposed Project would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by the Proposed Project will not exceed the anticipated volumes of traffic on the
surrounding streets and adequate parking is provided to accommodate the existing use; no
additional traffic is anticipated from the carwash facility as only vehicles serviced or sold at the
site will utilize the carwash, and there will be no carwash access to the general public; and
5. The granting of the conditional use permit will not be detrimental to the health and
safety of the citizens of the City of Anaheim because the Proposed Project would improve the
overall appearance of the project site by removing temporary structures and outside uses with a
permanent building, designed to be compatible with the existing building and surrounding
properties, subject to compliance with the conditions contained herein; and
- 3 - PC2019-***
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. 4177A, contingent upon and subject to the conditions of
approval set forth in Exhibit B attached hereto referred to as “Revised Conditions of Approval”
and incorporated herein by this reference, which are hereby found to be a necessary prerequisite
to the proposed use of the Property for which Conditional Use Permit No. 4177A is applicable in
order to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning and Building Director upon a showing of good cause provided (i)
equivalent timing is established that satisfies the original intent and purpose of the condition(s),
(ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the
Revised Conditions of Approval hereby amend and replace the Previous Conditions of Approval in
their entirety. All reference to the conditions of approval for the CUP shall be to the Revised
Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the
CUP, as amended by Conditional Use Permit No. 4177A.
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.
- 4 - PC2019-***
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 15, 2019. 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 15, 2019, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2019-***
- 6 - PC2019-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 4177A
(DEV2018-00145)
NO. REVISED CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
1 Prepare and submit a final grading plan showing building footprints,
pad elevations, finished grades, drainage routes, retaining walls,
erosion control, slope easements and other pertinent information in
accordance with Anaheim Municipal Code and the California Building
Code, latest edition.
Public Works
Department,
Development Services
Division
2 The owner shall prepare a Stormwater Pollution Prevention Plan
(SWPPP). The SWPPP shall be kept at the project site and be available
for Public Works Development Services Division review upon request.
Public Works
Department,
Development Services
Division
3 All required plans and studies shall be prepared by a Professional
Engineer with registration in the State of California.
Public Works
Department,
Development Services
Division
PRIOR TO ISSUANCE OF BUILDING PERMITS
4 Provide a certificate to the Public Works Department for review and
approval, prepared by a Professional Civil Engineer with
license/registration in the State of California, certifying that the
finished grading has been completed in accordance with the City
approved grading plan.
Public Works
Department,
Development Services
Division
5 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
6 The car wash shall comply with all state laws and local ordinances for
Water Conservation Measures, including Chapter 10.18 of Anaheim
Municipal Code and Ordinance relating to Water Reduction provisions.
Public Utilities, Water
Engineering
7 Prior to approval of permits for improvement plans, the property
owner/developer shall coordinate with Electrical Engineering to
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications. Contact: Manny Soto,
msoto@anaheim.net, (714) 765-4271.
Public Utilities, Electrical
Engineering
- 7 - PC2019-***
NO. REVISED CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
8 All fees/deposits required by Public Works department must be paid in
full.
Public Works
Department,
Development Services
Division
9 Parking lot striping shall be provided, per City Standard Detail No. 470. Planning and Building,
Planning Division
10 Adequate lighting of parking lots, passageways, recesses, and grounds
contiguous to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly visible the
presence of any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all person,
property, and vehicles on-site. All exterior doors shall have their own
light source, which shall adequately illuminate door areas at all hours
to make clearly visible the presence of any person on or about the
premises and provide adequate illumination for persons exiting the
building. Address numbers shall be well lit during hours of darkness.
Minimum recommended lighting level in all parking areas is 0.5 foot-
candle maintained, measured at the parking surface, with a maximum
to minimum ratio no greater than 15:1.
Planning and Building,
Planning Division
11 All plumbing or other similar pipes and fixtures located on the exterior
of the building shall be fully screened by architectural devices and/or
appropriate building materials. Said information shall be specifically
shown on the plans submitted for building permits.
Planning and Building,
Planning Division
ON-GOING DURING PROJECT OPERATIONS
12 Ongoing during project operations, vehicle deliveries including loading
and unloading shall be performed on site. Delivery vehicles shall not
block any part of the public right of way.
Public Works
Department,
Development Services
Division
13 Any graffiti painted or marked upon the premises or on any adjacent
area under the control of the property owner shall be removed or
painted over within 24 hours of being applied.
Planning and Building,
Code Enforcement
14 The applicant shall be responsible for maintaining the premises in an
orderly fashion through the provision of regular maintenance and
removal of trash or debris.
Planning and Building,
Planning Division/Code
Enforcement
15 That no required parking area shall be fenced or otherwise enclosed for
outdoor storage uses.
Planning and Building,
Planning Division
- 8 - PC2019-***
NO. REVISED CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
16 That no public address system or any other communication system that
is audible outside the building area shall be permitted for this
automotive dealership.
Planning and Building,
Planning Division
17 There shall be no special advertising, banners, flags, pennants, balloons
attached to vehicles, tents, sales events or other promotional activities
unless a Special Event Permit is first obtained to authorize said
displays.
Planning and Building,
Planning Division
18 That there shall be no tethered balloons, rooftop advertising devices or
any other freeway-oriented displays permitted.
Planning and Building,
Planning Division
19 That no display of inventory of vehicles shall be permitted within the
required landscaped setback areas.
Planning and Building,
Planning Division
20 Any tree planted on-site shall be replaced in a timely manner in the
event that it is removed, damaged, diseased and/or dead. All existing
mature landscaping shall be maintained and immediately replaced in
the event that it becomes diseased or dies.
Planning and Building,
Planning Division
21 The car wash facility shall be operated in accordance with the Letter of
Operation submitted as part of this application. Any changes to the
business operation as described in the Letter of Operation shall be
subject to review and approval by the Planning Director to determine
substantial conformance with the Letter of Operation and to ensure
compatibility with the surrounding uses. The car wash facility may
operate from 7:00 a.m. to 10:00 p.m. Monday through Saturday, 7:00
a.m. to 9:00 p.m. Sunday. The hours of operation may be modified
subject to review and approval by the Planning Director.
Planning and Building,
Planning Division
GENERAL
22 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,
Planning Services
- 9 - PC2019-***
NO. REVISED CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
23 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
Planning and Building,
Planning Services
24 The business premises shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim by the
petitioner, which plans are on file with the Planning Department, and
as conditioned herein.
Planning and Building,
Planning Services
Independence Engineering, llcIndependence Engineering, llc
102 Farnsworth Avenue, Suite 310102 Farnsworth Avenue, Suite 310
Bordentown, NJ 08505Bordentown, NJ 08505
(609) 496-9369(609) 496-9369
March 13, 2019
City of Anaheim
℅ Wayne Carvalho, Contract Planner
Planning Services Division
200 S Anaheim Blvd, Suite 162
Anaheim, CA 92805
Re:Re:Miller ToyotaMiller Toyota
1331 N Euclid Street1331 N Euclid Street
Proposed Car Wash additionProposed Car Wash addition
DEV2018-00145; CUP 4177ADEV2018-00145; CUP 4177A
IE Project #004-001IE Project #004-001
Dear Mr. Carvalho,
In response to the City’s comment letter of March 8, 2019, Independence Engineering providing this
revised project narrative in support of the Development Plan Application on behalf of Group 1
Automotive, Inc., owner and operator of Miller Toyota.
Group 1 wishes to expand its existing automotive dealership, an approved use under Conditional
Permit 4177, to include a car wash, limited to private use for existing on-site service. The scope
includes removing approximately 750 square feet from the rear of the building and constructing a
4,010-square-foot car wash in its place. The new facility will connect to existing electric, water, and
sewer services for the dealership. Adequate access for fire and rescue equipment, as well as trash
collection have been provided.
Operations at the current facility do not include automatic car washing. When car washing is
necessary, it is either done by hand in a service bay, or offsite. Construction of a new automatic car
wash would allow Group 1 to maximize the use of the existing service bays, and improve the
reclamation of wash water from 0% to 39%.
Miller Toyota currently has a maximum shift of 145 employees. The proposed car wash will not add
any employees to the operations, nor will it add any trips, since it will be used solely by cars already
on site and not open to the public. Hours of operation of the car wash will be limited to sales and
service hours, 7 am to 10 pm Monday through Saturday, and 7 am to 9 pm on Sunday. The peak
hours of washing will be 7 am to 6 pm, with a lesser frequency after 6pm.
An acoustic study was prepared for the application that recommended extending the building to its
currently-proposed length as a means of meeting the City’s noise ordinance. In addition, acoustic
dampeners will be installed on the blowers which are expected to reduce noise approximately five
(dB) decibels more than original recommendation.
On January 29, 2019, Group 1 Automotive and its representatives conducted a neighborhood meeting
at Emerald Court for the benefit of its residents and management. Group 1 wishes to remain a good
corporate neighbor, and has sought input from its community on the project.
ATTACHMENT NO. 3
Independence Engineering, llcIndependence Engineering, llc
102 Farnsworth Avenue, Suite 310102 Farnsworth Avenue, Suite 310
Bordentown, NJ 08505Bordentown, NJ 08505
(609) 496-9369(609) 496-9369
We look forward to discussing the project with the Planning Commission at its earliest convenience.
If you have any questions, please do not hesitate to call me at (609) 947-9787.
Sincerely,
Neil E. Sander
President
Cc: Brad Johnson, Mike Sullivan, Group 1
David Clear, Clear Architectural Design
Robert Woo, Angelica Nguyen, AGI
Ryan Weiche, Broadway Equipment Company
MILLER TOYOTA OF ANAHEIM
CAR WASH NOISE STUDY
OCTOBER 26, 2018
PREPARED FOR:
INDEPENDENCE ENGINEERING, INC.
PREPARED BY:
ACOUSTICS GROUP, INC.
CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
A
G i
ATTACHMENT NO. 4
Miller Toyota of Anaheim Car Wash Noise Study
ACOUSTICS GROUP, INC.
OCTOBER 26, 2018 I CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
(877) 595-9988
Miller Toyota of Anaheim
Car Wash Noise Study
Prepared for:
Neil Sander
Independence Engineering
18 Orchard Avenue
Bordentown, NJ 08505
Prepared by:
ROBERT WOO – Principal Acoustical Consultant, INCE
ANGELICA NGUYEN – Senior Acoustical Consultant
ACOUSTICS GROUP, INC.
CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
(877) 595-9988
Miller Toyota of Anaheim Car Wash Noise Study
ACOUSTICS GROUP, INC.
OCTOBER 26, 2018 II CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
(877) 595-9988
TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................. 1
1. INTRODUCTION ....................................................................................................... 2
2. NOISE ........................................................................................................................ 3
3. NOISE STANDARDS ................................................................................................. 4
4. NOISE ANALYSIS ..................................................................................................... 5
5. ASSESSMENT .......................................................................................................... 6
6. NOISE CONTROL ANALYSIS ................................................................................... 7
7. NOISE CONTROL RECOMMENDATIONS ............................................................... 9
8. CONCLUSION ......................................................................................................... 11
REFERENCES .............................................................................................................. 12
APPENDIX .................................................................................................................... 13
Figures
Figure 1. Project Location ............................................................................................... 2
Figure 2. Site Plan ........................................................................................................... 3
Figure 3. Typical A-weighted Noise Levels ..................................................................... 4
Figure 4. Predicted Noise Contour Map of the Car Wash Operations ............................. 6
Figure 5. Predicted Noise Contour Map with the Extended Car Wash Building – Noise
Control Alternative 1 ........................................................................................................ 7
Figure 6. Predicted Noise Contour Map with Car Wash Door - Noise Control Alternative
2 ...................................................................................................................................... 8
Figure 7. Location of the 25-ft Extended Car Wash Building Wall/Roof .......................... 9
Figure 8. Mechanical Car Wash Door ........................................................................... 10
Tables
Table 1. City of Anaheim Noise Standards ...................................................................... 4
Table 2. Noise Sources ................................................................................................... 5
Table 3. Summary of Operations Noise Impact Assessment .......................................... 6
Table 4. Predicted Noise Levels for Miller Toyota of Anaheim Car Wash ....................... 9
Miller Toyota of Anaheim Car Wash Noise Study
ACOUSTICS GROUP, INC.
OCTOBER 26, 2018 1 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
(877) 595-9988
EXECUTIVE SUMMARY
Acoustics Group, Inc., (AGI) was retained to conduct a noise study of for the Miller Toyota
Car Wash Project in Anaheim, CA. AGI has reviewed the Anaheim Noise Standards,
conducted noise measurements, analyzed the noise levels from future noise sources at
the site, assessed the impact of the future noise to determine compliance with the Exterior
Noise Standards, and recommended noise control measures.
Miller Toyota of Anaheim proposes a new car wash. The future Miller Toyota of Anaheim
Car Wash operations would produce equipment noise levels as high as 62.9 dBA at the
ground floor of the nearest residential property line to the west. Future operations would
not comply with the City of Anaheim’s noise standard of 60 dBA. Noise control measures
have been identified to reduce the noise level at the nearest residential property line to
comply with the City of Anaheim Noise Standard.
This report has been organized into multiple sections for ease of reference. Section 1
introduces the Project and provides a general discussion on the Project Components.
Section 2 discusses Noise Fundamentals, and Section 3 presents the Noise Standards.
Section 4 discusses the Noise Analysis, Section 5 discusses the Impact Assessment and
Section 6 discusses the Noise Control Analysis. Section 7 presents the Noise Control
Recommendations. Section 8 discusses the Conclusion.
Miller Toyota of Anaheim Car Wash Noise Study
ACOUSTICS GROUP, INC.
OCTOBER 26, 2018 2 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
(877) 595-9988
1. INTRODUCTION
Miller Toyota of Anaheim proposes a new car wash at the project site located at 1331 N.
Euclid Street in Anaheim, CA. Refer to Figure 1 for the general location of the Site and a
Vicinity Map. Land uses immediately surrounding the site are commercial and residential.
An existing 11-ft high noise barrier wall protects the residential land use to the west of the
project site. The main noise concern is car wash operations affecting the residential
properties. Refer to Figure 2 for the Site Plan and Location of the Future Car Wash.
Figure 1. Project Location
Miller Toyota of Anaheim Car Wash Noise Study
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OCTOBER 26, 2018 3 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
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Figure 2. Site Plan
2. NOISE
The magnitude by which noise affects its surrounding environment is measured on a
logarithmic scale in decibels (dB). Because the human ear is limited to hearing a specific
range of frequencies, the A-weighted filter system is used to form relevant results. A-
weighted sound levels are represented as dBA. Figure 3 shows typical A-weighted
exterior and interior noise levels that occur in human environments.
Several noise metrics have been developed to evaluate noise. Leq is the energy average
noise level and corresponds to a steady-state sound level that has the same acoustical
energy as the sum of all the time varying noise events. Lmax is the maximum noise level
measured during a sampling period, and Lxx are the statistical noise levels that are
exceeded xx-% of the time of the measurement. L50 is the average noise level that is
exceeded 50% of the time, 30 minutes in a 60 minute period.
Miller Toyota of Anaheim Car Wash Noise Study
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OCTOBER 26, 2018 4 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
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Figure 3. Typical A-weighted Noise Levels
3. NOISE STANDARDS
The City of Anaheim Municipal Code has adopted regulations for the purpose of
protecting citizens from potential hearing damage and from various other adverse
physiological, psychological, and social effects associated with noise (Section 6.70.010).
The City’s Code limits noise levels to 60 dBA at any property line. This is consistent with
industry standards for an hourly equivalent sound level, Leq of 60 dBA any time of the
day and night on the ground floor. Refer to Table 1 for the City of Anaheim Noise
Standards.
Table 1. City of Anaheim Noise Standards
Receiving Land Use Category Noise Standard, Leq, dBA
All Land uses 60
Miller Toyota of Anaheim Car Wash Noise Study
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4. NOISE ANALYSIS
AGI conducted a site visit on October 10, 2018 to Audi San Diego to observe a
comparable car wash installation and conduct equipment noise measurements. A-
weighted and One-Third Octave Band Noise Levels were measured at a distance of 50
feet from the car wash at the entrance and exits and of car wash related noise sources.
The measurements were conducted in a radial direction to spatially sample the equipment
noise. The car wash noise level ranged from 74.2 to 79.7 dBA during a complete wash
and dry cycle. Table 2 summarizes the noise measurement data and inputs used for the
car wash noise analysis.
Table 2. Noise Sources
Source Distance, ft
Equipment Noise Level
Leq, dBA
Car Wash Entrance
(for 1 complete car wash cycle) 50 76.0
Car Wash Exit
(for 1 complete car wash cycle) 50 79.4
Brush 3 78.4
Hydraulic Pump 1 89.6
Blower 3 98.4
Blower 50 83.4
The future noise generated from the car wash’s operations has the potential to impact
nearby properties. The methodology used to analyze and predict operations noise from
the project involved the use of the CadnaA computer noise model. CadnaA can simulate
the physical environment by factoring in x, y, and z geometrics of a particular site to
simulate the buildings, obstacles, and typography. The model uses industry recognized
algorithms (ISO 9613) to perform acoustical analyses. The noise generated by future
operations was calculated by inputting acoustical sources at the project site. AGI’s
measurement data from the Audi Car Wash Noise Measurements was used for the
modeling inputs.
The car wash future operations were modeled for peak hour operations with 10 car
washes occurring in one hour (approximately 6 minutes for one complete cycle). The
hourly Leq from future facility operations is estimated to be as high as 62.9 dBA at the
residences to the west. Refer to Figure 4 for a noise contour map of the Car Wash’s
Proposed Operations and to Table 3 for a list of the predicted noise levels.
Miller Toyota of Anaheim Car Wash Noise Study
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Figure 4. Predicted Noise Contour Map of the Car Wash Operations
5. ASSESSMENT
The hourly Leq from future facility operations is estimated to be as high as 62.9 dBA at
the ground floor of the residential property line to the west. The operations peak hour
noise levels would exceed the City of Anaheim’s noise standard of 60 dBA. Noise control
measures were analyzed to reduce operations noise levels. Refer to Table 3 for a
summary of the future Car Wash noise levels and impact assessments.
Table 3. Summary of Operations Noise Impact Assessment
Noise Sensitive
Location
Future
Operation Peak
Hour Leq, dBA Anaheim Noise Standard Assessment
Residential
Property Line to
the West
62.9 60 Exceedance
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6. NOISE CONTROL ANALYSIS
Two noise control alternatives were evaluated to reduce the car wash noise experienced
at the western property line. AGI evaluated the noise reduction from an extended car
wash building and a car wash door. Each alternative is discussed below:
Noise Control Alternative 1 involves extending the car wash building (tunnel) an additional
25 feet to shield the blowers. A car wash noise level of 56.3 dBA at the residences to the
west could be expected from Alternative 1 and would comply with the City of Anaheim’s
Noise Standard of 60 dBA. Figure 5 shows the predicted noise level from this alternative.
Figure 5. Predicted Noise Contour Map with the Extended Car Wash Building –
Noise Control Alternative 1
Noise Control Alternative 2 involves fully closing the exit of the car wash with an automatic
mechanical car wash door. This door would remain closed until the blowers turn-off after
a car wash cycle and would only turn-on after the car exits and the doors are fully closed.
A noise level of 56.3 dBA at the residences to the west could be expected from Alternative
2 and would comply with the City of Anaheim’s Noise Standard of 60 dBA. Figure 6 shows
the predicted noise level from this alternative.
Miller Toyota of Anaheim Car Wash Noise Study
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OCTOBER 26, 2018 8 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
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Figure 6. Predicted Noise Contour Map with Car Wash Door
- Noise Control Alternative 2
If Noise Control Alternative 1 and 2 are not feasible, Noise Control Alternative 3 would
involve choosing a low noise blower/motor system that is at least 10 dB lower than the
proposed blower/motor system. Prior to installation, a qualified Acoustical Consultant
should review the acoustical information to ensure compliance with the Noise Standards.
Refer to Table 4 for a summary of predicted noise levels for the unattenuated and noise
control alternatives.
Miller Toyota of Anaheim Car Wash Noise Study
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Table 4. Predicted Noise Levels for Miller Toyota of Anaheim Car Wash
Description
Predicted
Noise Level @
Western
Property Line
(Ground Floor),
dBA
Anaheim
Noise
Standard,
dBA Assessment
No Noise Control 62.9 60 Exceedance
Alternative Noise Control 1 –
Extended Car Wash Building 56.3 60 Compliance
Alternative Noise Control 2 –
Mechanical Car Wash Door at Exit 56.3 60 Compliance
Alternative Noise Control 3 –
Low Noise Blowers TBD 60 TBD
7. NOISE CONTROL RECOMMENDATIONS
The following noise control measures are recommended to reduce the noise from the car
wash to comply with City of Anaheim Noise Standards:
1. NOISE CONTROL ALTERNATIVE 1:
i. Extend the car wash building (walls and roof) 25 feet beyond the location of
the blower as per Figure 7 to shield blower operations.
Figure 7. Location of the 25-ft Extended Car Wash Building Wall/Roof
Miller Toyota of Anaheim Car Wash Noise Study
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2. NOISE CONTROL ALTERNATIVE 2:
i. Install a mechanical door at the car wash exit as shown in Figure 8 to
enclose the car wash exit during blower operations.
Figure 8. Mechanical Car Wash Door
3. NOISE CONTROL ALTERNATIVE 3:
i. Substitute a low noise blower/motor system (a minimum of 10 dB lower than
the proposed blower/motor system).
ii. Prior to installation, a qualified Acoustical Consultant should review the
acoustical information to ensure compliance with the Noise Standards.
4. The final design should be reviewed by a licensed Mechanical Engineer to ensure
compliance with all applicable mechanical, fire and safety codes.
5. Upon completion of the project, a noise verification study should be performed to
verify compliance with the City’s noise standards.
Miller Toyota of Anaheim Car Wash Noise Study
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OCTOBER 26, 2018 11 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
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8. CONCLUSION
AGI has conducted a noise study of the Miller Toyota of Anaheim Car Wash Project in
Anaheim, CA. The Project’s Site Plan has been reviewed, noise measurements
conducted, noise levels analyzed and an impact assessment performed to determine
compliance with the City of Anaheim Noise Standards.
Noise from future equipment operations would be as high as 62.9 dBA at the nearest
residential ground floor property to the west. The operations noise levels would exceed
the City of Anaheim’s noise standard of 60 dBA. Noise control measures are identified to
reduce the noise level from the car wash to comply with the City of Anaheim Noise
Standards.
Miller Toyota of Anaheim Car Wash Noise Study
ACOUSTICS GROUP, INC.
OCTOBER 26, 2018 12 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
(877) 595-9988
REFERENCES
1. Caltrans Technical Noise Supplement, 1998.
2. Miller Toyota – Car Wash Concept Plan A, Site Plan, dated August 3, 2018.
Miller Toyota of Anaheim Car Wash Noise Study
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OCTOBER 26, 2018 13 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
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APPENDIX
MODELING INPUT & OUTPUT
Miller Toyota of Anaheim Car Wash Noise Study
ACOUSTICS GROUP, INC.
CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
(877) 595-9988
MODELING INPUT & OUTPUT
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N
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F
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q
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D
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c
t
.
H
e
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Coordinates
Da
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E
v
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n
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g
N
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h
t
T
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p
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V
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l
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d
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A
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d
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m
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as seen from Medical Center
Drive
ATTACHMENT NO. 7
Existing dealership
as seen from the east approach
to service dropoff
Existing dealership
as seen from northern property
line
Area of proposed improvements
as seen from the north
Area of proposed improvements
as seen from the north (photo #2)
West face of existing building in vicinity
of proposed improvements
Area of proposed improvements
as seen from the south
Area of proposed improvements
as seen from the south (photo
#2)
Area of proposed improvements
as seen from the southwest
Area of proposed improvements
as seen from the west
Area of proposed improvements
as seen from the northwest
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: APRIL 15, 2019
SUBJECT: AMENDMENT NO. 5 TO THE SECOND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT NO. 99-01
LOCATION: The Anaheim GardenWalk Project Site is approximately 29.1 acres
and located between Harbor Boulevard and Clementine Street, and Disney Way and
Katella Avenue. The Westgate Timeshare Project Site is approximately 3.9 acres of
airspace above the Anaheim GardenWalk parking structure.
APPLICANT/PROPERTY OWNER: The applicant and property owner is
Westgate Resorts Anaheim LLC (Westgate Resorts) and the agent is Grant
Henninger of Mobius Planning.
REQUEST: The applicant is requesting an amendment to the Second Amended and
Restated Development Agreement No. 99-01 (Development Agreement 99-01), as it
pertains to the required start of construction date for the Vacation Ownership Resort
that was previously-approved as part of the Anaheim GardenWalk Project. The
applicant proposes to extend the time to begin construction from March 23, 2019 to
October 1, 2021.
RECOMMENDATION: Staff recommends the Planning Commission adopt the
attached resolution, determining that the previously-approved Disneyland Resort
Specific Plan Environmental Impact Report No. 311, Pointe Anaheim Initial Study
and Mitigated Negative Declaration (IS/MND), and associated Addenda, are the
appropriate environmental documentation for this request; and, recommending City
Council approval of Amendment No. 5 to the Second Amended and Restated
Development Agreement No. 99-01.
BACKGROUND: In June 1999, the City Council approved amendments to the
Anaheim General Plan, The Disneyland Resort Specific Plan, Anaheim Municipal
Code and Anaheim Resort Public Realm Landscape Program; and approved
Conditional Use Permit No. 4078 and Development Agreement No. 99-01 to allow
for development of the Pointe Anaheim Project, comprised of the following:
Up to 565,000 gross square feet of retail/dining/entertainment space;
Two or three hotels with a maximum of 1,050 hotel rooms/suites and related
accessory retail uses, with a maximum area of 923,800 sf;
A multiplex theater including either 4,600 seats for live performances or 4,757
seats for movies;
A parking structure with approximately 4,800 parking spaces;
DEVELOPMENT AGREEMENT NO. 99-01
April 15, 2019
Page 2 of 5
Approximately 141,200 sf of open-air family entertainment space on the top floor of the
parking structure; and,
A bus terminal for airport transport and sightseeing.
Since the original project approval, the City Council and/or Planning Commission have amended
the entitlements for this project several times, including four amendments to the Second
Amended and Restated Development Agreement and two amendments to the First Amended and
Restated Development Agreement, and the project name has changed to Anaheim GardenWalk.
Current entitlements allow:
Up to up to 590,265 square feet of specialty retail, restaurants, and entertainment space,
including movie theaters;
1,628 hotel rooms/suites, including up to 500 vacation ownership units, and 278,817
square feet of hotel accessory uses;
4,800 parking spaces; and,
A bus terminal for airport transport and sightseeing
The City implements these development intensities through the Anaheim GardenWalk Overlay
of the DRSP. The overlay is comprised of two development areas, shown on the map below.
Proposed
Vacation
Ownership
Resort
DEVELOPMENT AGREEMENT NO. 99-01
April 15, 2019
Page 3 of 5
Development Agreement No. 99-01 pertains to development within Area A. The Anaheim
GardenWalk Overlay allows the following development within this area:
Three hotels
o Up to 1,266 rooms, including 400 vacation ownership units
o Up to 216,820 square feet of hotel accessory uses
Retail/Dining/Entertainment
o 133,683 square feet of specialty retail
o 148,188 square feet of dining uses
o 178,244 square feet of entertainment uses
Parking
o 3,200 auto spaces
o 15 bus spaces
The following development milestones for Area A are complete or are in process:
Construction of the retail/dining/entertainment uses and the associated parking structure
is complete (referred to in this report as “the Anaheim GardenWalk shopping center”).
A 466-room JW Marriott hotel is currently under construction and is anticipated to be
completed in Spring of 2020.
The Planning Commission approved a Final Site Plan for a seven-story, 400-unit vacation
ownership resort over the existing parking structure in 2007 and staff approved a Minor
Amendment to the Final Site Plan in 2014. The developer submitted construction plans
for the Vacation Ownership Resort to the Building Division in 2016. The property owner
has not yet resubmitted construction plans reflecting the City’s comments.
Development Agreement 99-01 currently requires the following remaining development
milestones:
Construction of a 400-unit Vacation Ownership Resort to begin by March 23, 2019.
Construction of a hotel with the remaining permitted hotel rooms (up to 400) to begin by
November 11, 2022
In May 2013, the City entered into an Economic Assistance Agreement (EAA) with the owner of
properties planned for the two hotel developments, such that construction and operation of luxury
hotels would entitle the applicant to a rebate of a portion of their transient occupancy taxes for up
to 20 years. EAAs are not under the purview of the Planning Commission. The hotels parcels and
vacation ownership parcel are owned by different entities; there is no EAA associated with the
Vacation Ownership Resort.
DEVELOPMENT AGREEMENT NO. 99-01
April 15, 2019
Page 4 of 5
PROPOSAL: The applicant proposes an amendment to Development Agreement No. 99-01, to
extend the time to begin construction of the Vacation Ownership Resort from March 23, 2019 to
October 1, 2021 (approximately 30 months). As indicated in the attached letter of request, the
applicant is making this request due to the recent change in ownership of the Anaheim
GardenWalk shopping center, which occurred in December 2018. The applicant, Westgate
Resorts, was in discussion with the prior owner regarding design, engineering, and construction
of the Vacation Ownership Resort. The sale of the Anaheim GardenWalk shopping center put
these discussions on hold. Coordination between the applicant and the shopping center are
important because the applicant will be constructing the Vacation Ownership Resort above the
existing parking structure, which will serve both the Anaheim GardenWalk shopping center and
the Vacation Ownership Resort.
ANALYSIS: Anaheim has adopted Resolution No. 82R-565, which establishes the procedures
and requirements for the consideration of a development agreement. The intent of a
development agreement is to provide a property owner with the certainty that they may proceed
with a project in accordance with the policies, rules and regulations in place at the time the City
Council approve the development agreement. The development agreement ensures that no new
policies, rules or regulations, not identified as an exception in the agreement, would apply to the
project. The City Council may approve development agreements for projects that meet at least
one of the following criteria:
1. The project shall occupy at least 50 acres;
2. The project will result in the construction of a least 250 dwelling units, 250,000 square
feet of commercial-office space or 250,000 square feet of industrial space;
3. The project will be constructed in phases over an anticipated period of not less than 5
years; or,
4. The Planning Director finds that the public health, safety or general welfare of the
citizens of Anaheim will best be served by accepting an application for consideration by
the Planning Commission and City Council.
As indicated in the background section of this staff report, Anaheim GardenWalk meets at least
two of these criteria because it:
1. Consists of more than 250,000 square feet of commercial space and
2. Has already taken more than five years to construct and will be constructed in several
phases.
The Planning Commission’s role in the approval or amendment of a development agreement is to
make a recommendation to the City Council based on whether the development agreement or a
proposed amendment is:
1. Consistent with the General Plan and any applicable specific plan;
2. Compatible with the uses authorized in and the regulations prescribed for the applicable
zoning district;
3. Compatible with the orderly development of the property in surrounding area; and
4. Is not otherwise detrimental to the health, safety and general welfare of the citizens of
Anaheim.
DEVELOPMENT AGREEMENT NO. 99-01
April 15, 2019
Page 5 of 5
In that the proposed amendment does not change any of the land uses currently permitted for the
Anaheim GardenWalk project and merely extends the outside date for commencement of
construction, staff determined that the proposed amendment meets the above criteria.
Environmental Review
Attachment No. 4 provides an environmental impact analysis of the proposed amendment to
Development Agreement No. 99-01. The analysis concludes that the proposed amendment does
not necessitate additional environmental review. The analysis concludes the time extension will
not result in new or substantially more severe impacts than previously evaluated by The
Disneyland Resort Specific Plan Environmental Impact Report No. 311, Pointe Anaheim
IS/MND, and subsequent addenda and/or require additional mitigation measures. Furthermore,
there is no new information of substantial importance, which the City, as the Lead Agency, did
not know and could not have known with the exercise of reasonable diligence at the time of the
certification and approval of these documents that triggers the need for the preparation of
subsequent environmental review.
CONCLUSION: In recognition of the recent sale of the Anaheim GardenWalk shopping center,
and the applicant’s assertion of the importance of coordination between Westgate Resorts and
the owner of the parking structure on which the applicant would construct the Vacation
Ownership Resort, staff recommends approval of this request to amend Development Agreement
No. 99-01 to extend the timeframe for construction of the Vacation Ownership Resort.
Prepared by, Submitted by,
Elaine Thienprasiddhi Susan Kim
Senior Planner Principal Planner
Attachments:
1. Draft Resolution
2. Amendment No. 5 to Second Amended and Restated Development Agreement No. 99-01
3. Letter of Request
4. Environmental Impact Analysis
5. Development Agreement No. 99-01
SP 92-1(GW OVERLAY - AREA B)ANAHEIM PLAZAHOTEL
SP 92-2DA1CASTLE INN& SUITES
SP 92-2DA1VACANT
SP 92-2DA1ANAHEIM RESORTRETAIL CENTER
SP 92-2DA1RAMADA PLAZA HOTELANAHEIM RESORT
SP 92-2DA1SUPER 8MOTEL
SP 92-1DEV2010-00166IGARDENWALK PARKING STRUCTURE
PROPOSED VACATIONOWNERSHIP RESORT
SP 92-1(GW OVERLAY - AREA B)ANAHEIM PLAZAHOTEL
SP 92-2DA1HOLIDAY INNEXPRESS ANAHEIM
SP 92-2DA1AMERICA'S BEST VALUEINN & SUITES
SP 92-1DA3AFIRE STATION
SP 92-1(GW OVERLAY - AREA A)GARDENWALK
SP 92-1(GW OVERLAY - AREA A)GARDENWALK
SP 92-1(GW OVERLAY - AREA A)GARDENWALK
SP 92-1(GW OVERLAY - AREA A)GARDENWALK
W DISNEY WAY
W KATELLA AVE
S . H A R B O R B L V D
S . L E W I S S T
W. KATELLA AVE
W. ORANGEWOOD AVE
S . W A L N U T S T
S . N I N T H S T E. KATELLA AVE
S
.
A
N
A
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I
M
B
L
V
D
S . H A S T E R S T E. GENE AUTRY WAY
E. ORANGEWOOD AVE
D E V N o . 2 0 1 0 -0 0 16 6 I
Subject Property
Anaheim Gardenwalk
APN: 082-551-07
°0 50 100
Feet
Th e An a h e i m G a r d e n wa l k
SP 92-1DA3ASOUTHERN CALIFORNIA EDISON CO. EASEMENT
W DISNEY WAY
W KATELLA AVE
S . H A R B O R B L V D
S . L E W I S S T
W. KATELLA AVE
W. ORANGEWOOD AVE
S . W A L N U T S T
S . N I N T H S T E. KATELLA AVE
S
.
A
N
A
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E
I
M
B
L
V
D
S . H A S T E R S T E. GENE AUTRY WAY
E. ORANGEWOOD AVE
D E V N o . 2 0 1 0 -0 0 16 6 I
Subject Property
APN: 082-551-07
°0 50 100
Feet
May 2018
Th e An a h e i m G a r d e n wa l k
[DRAFT] ATTACHMENT NO. 1
-1- PC2019-***
RESOLUTION NO. PC2019-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY
COUNCIL APPROVE AMENDMENT NO. 5 TO THE SECOND
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
NO. 99-01 BY AND BETWEEN THE CITY OF ANAHEIM AND
WESTGATE RESORTS ANAHEIM LLC AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH.
(DEVELOPMENT AGREEMENT NO. 99-01)
WHEREAS, the City and Anaheim GW, LLC, a Delaware limited liability company, (the
“Original Developer”) entered into the Second Amended and Restated Development Agreement
No. 99-01 dated as of April 11, 2006, and recorded in the Official Records of Orange County
California on June 2, 2006, as Instrument No. 2006000373943 (the “Development Agreement”)
with respect to the real property generally described and depicted in the legal description and
map attached hereto as Exhibit A and incorporated by this reference (the “Property”); and
WHEREAS, the Original Developer assigned the Development Agreement with respect
to the Parking Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim
GW II, LLC, a Delaware limited liability company (“Anaheim GW II”) pursuant to the Partial
Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of
January 31, 2007, and recorded in the Official Records of Orange County California on February
7, 2007, as Instrument No. 2007000092571; and
WHEREAS, the Original Developer assigned, and GardenWalk Hotel I, LLC, a
California limited liability company (“GardenWalk Hotel”) assumed, the Development
Agreement with respect to the Hotel Property and the Hotels pursuant to that certain Partial
Assignment of Second Amended and Restated Development Agreement No. 99-1 dated as of
July 19, 2007 and recorded in the Official Records of Orange County, California on July 19,
2007 as Instrument No. 2007000453402; and
WHEREAS, Anaheim GW II assigned the Development Agreement with respect to the
Timeshare Parcel and the Vacation Ownership Resort No. 1 to Westgate Resorts pursuant to that
certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-
01 dated as of February 29, 2008, and recorded in the Official Records of Orange County
California on March 6, 2008, as Instrument No. 2008000105443; and
WHEREAS, the Development Agreement addresses, among other things, the
Developer’s construction of the Project in phases, requiring that the Developer commence
construction of the various Project Elements within certain time frames; and
WHEREAS, in 2010, GardenWalk Hotel and Westgate Resorts requested that the City
amend the Development Agreement (i) to redefine Hotel No. 1, Hotel No. 2 and Hotel No. 3 as
one (1) Project Element consisting of two (2) Hotels (“Hotels 1 and 2”) totaling, approximately
-2- PC2019-***
eight hundred sixty-six (866) Hotel Rooms in the aggregate, (ii) to require the Commencement
of Construction of Hotels 1 and 2 to occur on or before May 26, 2011 and (iii) to require the
Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23,
2019. Accordingly, the Development Agreement was amended by that certain Amendment No.
1 to Second Amended and Restated Development Agreement No. 99-01 dated as of March 1,
2010, and recorded in the Official Records of Orange County California on July 19, 2010, as
Instrument No. 2010000341657 (“Amendment No. 1”); and
WHEREAS, GardenWalk Hotel thereafter requested that the City further amend the
Development Agreement, Amendment No. 2 to the Second Amended and Restated Development
Agreement No. 99-01 dated as of July 1, 2010 and recorded in the Official Records of Orange
County on August 17, 2011, as Instrument No. 2011000406499 (“Amendment No. 2”), to
require the Commencement of Construction of Hotels 1 and 2 occur on or before May 26, 2013
and the Completion of Construction and Opening for Business (as defined in Amendment No. 2)
occur no later than 36 months after the Commencement of Construction of the Hotels; and
WHEREAS, as the successor in interest to Anaheim GW II, Katella Anaheim Retail,
LLC (“Katella Anaheim”), thereafter requested an amendment to the Development Agreement,
Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99-01,
dated as of August 23, 2011 and recorded in the Official Records of Orange County on
September 16, 2011, as Instrument No. 2011000459373 (“Amendment No. 3”), to make changes
to the mix of uses and the square footage of Retail No. 1; and
WHEREAS, GardenWalk Hotel thereafter requested that the City further amend the
Development Agreement, Amendment No. 4 to the Second Amended and Restated Development
Agreement No. 99-01, dated as of June 4, 2013 and recorded in the Official Records of Orange
County on June 10, 2013, as Instrument No. 2013000350713 (“Amendment No. 4”), to require
that the Commencement of Construction of the Hotels occur on or before May 26, 2015, unless
Developer elects to phase the construction of the Hotels, in which event, GardenWalk Hotel will
be allowed to commence construction of the first Hotel on or before May 26, 2015, and to
commence construction of the second hotel if at all, no later than November 26, 2019. In
connection with Amendment No. 4, the City Council approved that certain Addendum to the
Pointe Anaheim Initial Study/Mitigated Negative Declaration, dated March 27, 2013 (the “2013
Addendum”), which shall be included in the “Existing Approvals” under the Development
Agreement; and
WHEREAS, unless otherwise defined in this Amendment No. 5, all capitalized terms
shall have the meanings ascribed to such terms in the Development Agreement, as amended by
Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4. Copies of the
Development Agreement are available as a public record in the office of the City Clerk located at
200 South Anaheim Boulevard, Anaheim, California; and
WHEREAS, Pursuant to Section 7.5 of the Development Agreement, on February 12,
2019, Westgate Resorts submitted an application to amend the Development Assurances, set
forth in paragraphs (c) and (d) of Section 3.1.1 of the Development Agreement to require the
Commencement of Construction of Vacation Ownership No. 1 to occur on or before October 1,
2021. In response to the request, Amendment No. 5 to the Amended and Restated Development
-3- PC2019-***
Agreement No. 99-01 (“Amendment No. 5”), which is attached hereto as Exhibit B and
incorporated herein by this reference, was prepared; and
WHEREAS, pursuant City Council Resolution No. 82R-565 (the “Procedures
Resolution”), which was adopted by the City Council on November 23, 1982, the Planning
Commission shall provide a recommendation to the City Council with regard to Amendment No. 5
to the Development Agreement; 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; and
WHEREAS, pursuant to CEQA and the CEQA Guidelines, when a lead agency has
certified an Environmental Impact Report (EIR) or adopted a negative declaration for a project,
no subsequent EIR shall be prepared for that project unless the lead agency determines, based on
substantial evidence in the light of the whole record, one or more of the thresholds set forth in
CEQA Guidelines Section 15162 have been met. The prior environmental documentation
prepared for the Pointe Anaheim/GardenWalk Project includes: The Disneyland Resort Specific
Plan Environmental Impact Report No. 311 (herein referred to as the "Final EIR"), the 1999
Pointe Anaheim Initial Study and Mitigated Negative Declaration (herein referred to as the
"IS/MND"), the 2001 First Addendum to the Pointe Anaheim Initial Study and Mitigated
Negative Declaration (herein referred to as the "First Addendum"), the 2006 Second Addendum
to the Pointe Anaheim Initial Study and Mitigated Negative Declaration (herein referred to as the
"Second Addendum"), the 2011 Third Addendum to the Pointe Anaheim Initial Study/Mitigated
Negative Declaration Anaheim GardenWalk Project (herein referred to as the "Third
Addendum"), the 2013 Fourth Addendum to the previously-approved Pointe Anaheim Initial
Study and Mitigated Negative Declaration, dated March 27, 2013 (herein referred to as the
"Fourth Addendum"), and the 2015 Fifth Addendum, all of which were prepared pursuant to the
provisions of Section 15164 of the State of California Guidelines for Implementation of the
California Environmental Quality Act (herein referred to as the "CEQA Guidelines") in order to
determine whether any significant environmental impacts which were not identified in the
previously-approved IS/MND would result or whether previously identified significant impacts
would be substantially more severe in connection with the amendments to the Second Amended
and Restated Development Agreement No. 99-01. The Final EIR, the IS/MND, the First
Addendum, the Second Addendum, the Third Addendum, the Fourth Addendum and the Fifth
Addendum, which together with the related Mitigation Monitoring Programs, shall be referred to
herein collectively as the "CEQA Documents";
WHEREAS, based upon the evidence submitted and as demonstrated by the analysis
included in the CEQA Documents, the revisions to the term extension milestones associated with
the Development Agreement will not extend the term of the Development Agreement or increase
unit count, but simply will extend the time for the commencement of construction. As such,
Amendment No. 5 is a minor change to the Development Agreement. Therefore, the approval of
-4- PC2019-***
Amendment No. 5 to the Development Agreement and does not necessitate additional
environmental review because it will not result in new or substantially more severe impacts that
were not previously evaluated and/or require additional mitigation measures, and there is no new
information of substantial importance, which was not known and could not have been known
with the exercise of reasonable diligence at the time EIR No. 311, the Pointe Anaheim Initial
Study and Mitigated Negative Declaration (IS/MND), and associated Addenda were approved
that triggers the need for the preparation of subsequent environmental review. The analysis in
the CEQA Documents included anticipated build-out contemplated by the Development
Agreement and remain relevant and retain informational value as to the Anaheim GardenWalk
Project; and
WHEREAS, on April 15, 2018, the Planning Commission did hold a public hearing,
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
concerning the contents of Amendment No. 5 to the Development Agreement and to investigate
and make findings in connection therewith; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the Planning Commission considered all
factors relating to Amendment No. 5 to the Development Agreement; and
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the action 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 presentation, 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, after due
inspection, investigation and study made by itself and in its behalf, and after due consideration of
and based upon all of the testimony, evidence and reports offered at said hearing, does find and
determine that proposed Amendment No. 5 to the Second Amended and Restated Development
Agreement No. 99-01, in the form presented at this meeting, meets all of the standards and
requirements set forth in the Procedures Resolution, that is:
1. The proposed Amendment No. 5 is consistent with the City’s General Plan in that
it is in conformance with the General Plan Commercial Recreation land use designation and with
the goals, policies and objectives for The Disneyland Resort Specific Plan as set forth in the
General Plan.
2. The proposed Amendment No. 5 is compatible with the uses authorized in and the
regulations prescribed for the applicable zoning district in that the proposed Amendment No. 5 is
in compliance with the Disneyland Resort Anaheim GardenWalk Overlay requirements.
-5- PC2019-***
3. The proposed Amendment No. 5 is compatible with the orderly development of
property in the surrounding area in that it is in conformance with and implements The
Disneyland Resort Specific Plan Land Use Plan and the Anaheim GardenWalk Overlay Zone
requirements.
4. The proposed Amendment No. 5 is not otherwise detrimental to the health and
safety of the citizens of the City of Anaheim.
5. The proposed Amendment No. 5 constitutes a lawful, present exercise of the
City’s police power and authority under the Statute, the Enabling Ordinance and the Procedures
Resolution.
6. The proposed Amendment No. 5 is entered into pursuant to and is in compliance
with the City’s charter powers and the requirements of Section 65867 of California Government
Code and the Procedures Resolution.
BE IT FURTHER RESOVED that based on the aforesaid findings and determinations,
the Planning Commission does hereby recommend that the City Council approve Amendment
No. 5 to Second Amended and Restated Development Agreement No. 99-01, in the form
presented at this meeting.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon Westgate Resorts’
compliance with each and all of the conditions set forth in the Development Agreement, as
amended by Amendment No. 5. 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 15, 2019.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-6- PC2019-***
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 15, 2019, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of April, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
131948/LM
-7- PC2019-***
Exhibit A
Legal Description and Map
[ATTACHED]
-8- PC2019-***
EXHIBIT B
Amendment No. 5 to the
Second Amended and Restated Development Agreement No. 99-01
[ATTACHED]
RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
City of Anaheim
P.O. Box 3222
200 S. Anaheim Boulevard, Second Floor
Anaheim, California 92805
Attn: City Clerk
_____________________________________________________________________________________
[SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY.]
EXEMPT FROM FEES PURSUANT TO
CALIFORNIA GOVERNMENT CODE §272383
AMENDMENT NO. 5
TO
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01
by and between
CITY OF ANAHEIM, a municipal corporation
and
WESTGATE RESORTS ANAHEIM LLC, a Florida limited liability company
1
AMENDMENT NO. 5 TO
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
NO. 99-01
This AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED DEVELOPMENT
AGREEMENT NO. 99-01 (this “Amendment No. 5”) dated for purposes of identification only as of
_____________ (the “Date of this Amendment No. 5”), is made and entered into between the CITY OF
ANAHEIM, a municipal corporation and charter city (“City”), on one hand and WESTGATE
RESORTS ANAHEIM LLC, a Florida limited liability company (“Westgate Resorts”), on the other
hand.
RECITALS
A. The City and Anaheim GW, LLC, a Delaware limited liability company, (the “Original
Developer”) entered into the Second Amended and Restated Development Agreement No. 99-01
dated as of April 11, 2006, and recorded in the Official Records of Orange County California on
June 2, 2006, as Instrument No. 2006000373943 (the “Development Agreement”) with respect to
the real property described in the “Legal Descriptions” which are attached as Exhibit A and
incorporated by this reference.
B. The Original Developer assigned the Development Agreement with respect to the Parking
Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim GW II, LLC, a
Delaware limited liability company (“Anaheim GW II”) pursuant to the Partial Assignment of
Second Amended and Restated Development Agreement No. 99-01 dated as of January 31, 2007,
and recorded in the Official Records of Orange County California on February 7, 2007, as
Instrument No. 2007000092571.
C. The Original Developer assigned, and GardenWalk Hotel assumed, the Development Agreement
with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of
Second Amended and Restate Development Agreement No. 99-01 dated as of July 19, 2007 and
recorded in the Official Records of Orange County California on July 19, 2007, as Instrument No.
2007000453402.
D. Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and
the Vacation Ownership Resort No. 1 to Westgate Resorts pursuant to that certain Partial
Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of
February 29, 2008, and recorded in the Official Records of Orange County California on March
6, 2008, as Instrument No. 2008000105443.
E. The Development Agreement addresses, among other things, the Developer’s construction of the
Project in phases, requiring that the Developer commence construction of the various Project
Elements within certain time frames.
F. In 2010, GardenWalk Hotel and Westgate Resorts requested that the City amend the
Development Agreement (i) to redefine Hotel No. 1, Hotel No. 2 and Hotel No. 3 as one (1)
Project Element consisting of two (2) Hotels (“Hotels 1 and 2”) totaling, approximately eight
hundred sixty-six (866) Hotel Rooms in the aggregate, (ii) to require the Commencement of
Construction of Hotels 1 and 2 to occur on or before May 26, 2011 and (iii) to require the
Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23,
2
2019. Accordingly, the Development Agreement was amended by that certain Amendment No. 1
to Second Amended and Restated Development Agreement No. 99-01 dated as of March 1, 2010,
and recorded in the Official Records of Orange County California on July 19, 2010, as Instrument
No. 2010000341657 (“Amendment No. 1”).
G. GardenWalk Hotel thereafter requested that the City further amend the Development Agreement,
Amendment No. 2 to the Second Amended and Restated Development Agreement No. 99-01
dated as of July 1, 2010 and recorded in the Official Records of Orange County on August 17,
2011, as Instrument No. 2011000406499 (“Amendment No. 2”), to require the Commencement
of Construction of Hotels 1 and 2 occur on or before May 26, 2013 and the Completion of
Construction and Opening for Business (as defined in Amendment No. 2) occur no later than 36
months after the Commencement of Construction of the Hotels.
H. As the successor in interest to Anaheim GW II, Katella Anaheim Retail, LLC (“Katella
Anaheim”), thereafter requested an amendment to the Development Agreement, Amendment No.
3 to the Second Amended and Restated Development Agreement No. 99-01, dated as of August
23, 2011 and recorded in the Official Records of Orange County on September 16, 2011, as
Instrument No. 2011000459373 (“Amendment No. 3”), to make changes to the mix of uses and
the square footage of Retail No. 1.
I. GardenWalk Hotel thereafter requested that the City further amend the Development Agreement,
Amendment No. 4 to the Second Amended and Restated Development Agreement No. 99-01,
dated as of June 4, 2013 and recorded in the Official Records of Orange County on June 10,
2013, as Instrument No. 2013000350713 (“Amendment No. 4”), to require that the
Commencement of Construction of the Hotels occur on or before May 26, 2015, unless
Developer elects to phase the construction of the Hotels, in which event, GardenWalk Hotel will
be allowed to commence construction of the first Hotel on or before May 26, 2015, and to
commence construction of the second hotel if at all, no later than November 26, 2019. In
connection with Amendment No. 4, the City Council approved that certain Addendum to the
Pointe Anaheim Initial Study/Mitigated Negative Declaration, dated March 27, 2013 (the “2013
Addendum”), which shall be included in the “Existing Approvals” under the Development
Agreement.
J. Unless otherwise defined in this Amendment No. 5, all capitalized terms shall have the meanings
ascribed to such terms in the Development Agreement, as amended by Amendment No. 1,
Amendment No. 2, Amendment No. 3 and Amendment No. 4. Copies of the Development
Agreement are available as a public record in the office of the City Clerk located at 200 South
Anaheim Boulevard, Anaheim, California.
K. Westgate Resorts has requested the City amend the Development Assurances, set forth in
paragraphs (c) and (d) of Section 3.1.1 of the Development Agreement to require the
Commencement of Construction of Vacation Ownership No. 1 to occur on or before October 1,
2021.
L. The City and Westgate Resorts (each, a “Party” and collectively, the “Parties”) intend, in this
Amendment No. 5, to amend the Development Agreement as stated in Recital K.
3
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS
FOLLOWS:
SECTION 1. AMENDMENT OF DEVELOPMENT AGREEMENT. The Development Assurances
set forth in paragraph (d) of Section 3.1.1. of the Development Agreement is deleted and replaced
with the following:
(d) Westgate Resorts, as Developer, shall Commence Construction of
Vacation Ownership Resort No. 1 on or before October 1, 2021 and shall Complete
Construction and Open for Business no later than twenty-four (24) months after
Commencement of Construction of Vacation Ownership Resort No. 1.
SECTION 2. AMENDMENT OF DEVELOPMENT AGREEMENT. The Conditions of Approval
Relating to Vacation Ownership Resort No. 1 set forth in Section 2.2 of the Development
Agreement is deleted and replaced with the following:
2.2 Conditions of Approval Relating to Vacation Ownership Resort No. 1.
To the extent any of the Conditions of Approval contain any deadlines for the
Commencement of Construction of Vacation Ownership Resort No. 1, such deadlines
shall be extended to October 1, 2021. The amendment of the Development Assurances in
Section 1.1 of this Amendment No. 5 as those amendments relate to Section 3.1.1 (d) of
the Development Agreement and the amendment of the Conditions of Approval set forth
in the preceding sentence of this Section 1.2 are hereby subject to the following
conditions:
On or before June 14, 2010, Westgate Resorts shall submit to the City a
screening plan for the exposed rebar on the upper deck of Parking Structure No. 1 which
is visible from the ground consisting of painted plywood secured to such upper deck and
generally consistent with the screening existing on the southerly edge of upper deck as of
the Date of this Amendment No. 5 (the "Screening Plan") for review and approval, which
approval shall not be unreasonably withheld, conditioned or delayed. On or before
September 30, 2010, Westgate Resorts shall implement the City-Approved Screening
Plan.
SECTION 2. INTEGRATION. Except as expressly provided to the contrary herein, all provisions of
the Development Agreement, as amended, remains in full force and effect. The Development Agreement
and this Amendment No. 5 are collectively referred to as the “Agreement”. The Agreement integrates all
of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous
agreements between the Parties with respect to the subject matter hereof.
SECTION 3. EFFECTIVE DATE. This Amendment No. 5 shall take effect upon the date the
ordinance of the City Council of the City approving this Amendment No. 5 takes place.
(Signatures shown on following page)
Signature Page to Amendment No. 5 to
Second Amended and Restated Development Agreement No. 99-01
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT NO. 5 OF THE
RESPECTIVE DATES STATED BELOW.
“CITY”
CITY OF ANAHEIM
a municipal corporation and charter city
Dated: By:
Mayor of the City of Anaheim
Mayor Harry S. Sidhu
ATTEST
CITY CLERK FOR THE CITY OF ANAHEIM
By:
Name: Theresa Bass
APPROVED AS TO FORM:
CITY ATTORNEY
By:
Name: Robert Fabela
131927
(Signatures continue on following page)
Signature Page to Amendment No. 5 to
Second Amended and Restated Development Agreement No. 99-01
“DEVELOPER”
WESTGATE RESORTS ANAHEIM LLC
a Florida limited liability company
By: Westgate Resorts, Inc.,
a Florida corporation
its Manager
Dated: By:
David S. Siegel, President
EXHIBIT “A” to Amendment No. 5 to
Second Amended and Restated Development Agreement No. 99-01
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF __________
The foregoing instrument was acknowledged before me this _________________________ day of 2019,
by David S. Siegel, as President of Westgate Resorts, Inc., a Florida corporation, as Manager of Westgate
Resorts Anaheim LLC, a Florida limited liability company.
(Seal)
Signature of Notary Public
Print, Type/Stamp Name of Notary
Personally known:_________
OR Produced Identification:__________
Type of Identification Produced:________
RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
City of Anaheim
P.O. Box 3222
200 S. Anaheim Boulevard, Second Floor
Anaheim, California 92805
Attn: City Clerk
_____________________________________________________________________________________
[SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY.]
EXEMPT FROM FEES PURSUANT TO
CALIFORNIA GOVERNMENT CODE §272383
AMENDMENT NO. 5
TO
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01
by and between
CITY OF ANAHEIM, a municipal corporation
and
WESTGATE RESORTS ANAHEIM LLC, a Florida limited liability company
ATTACHMENT NO. 2
1
AMENDMENT NO. 5 TO
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
NO. 99-01
This AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED DEVELOPMENT
AGREEMENT NO. 99-01 (this “Amendment No. 5”) dated for purposes of identification only as of
_____________ (the “Date of this Amendment No. 5”), is made and entered into between the CITY OF
ANAHEIM, a municipal corporation and charter city (“City”), on one hand and WESTGATE
RESORTS ANAHEIM LLC, a Florida limited liability company (“Westgate Resorts”), on the other
hand.
RECITALS
A. The City and Anaheim GW, LLC, a Delaware limited liability company, (the “Original
Developer”) entered into the Second Amended and Restated Development Agreement No. 99-01
dated as of April 11, 2006, and recorded in the Official Records of Orange County California on
June 2, 2006, as Instrument No. 2006000373943 (the “Development Agreement”) with respect to
the real property described in the “Legal Descriptions” which are attached as Exhibit A and
incorporated by this reference.
B. The Original Developer assigned the Development Agreement with respect to the Parking
Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim GW II, LLC, a
Delaware limited liability company (“Anaheim GW II”) pursuant to the Partial Assignment of
Second Amended and Restated Development Agreement No. 99-01 dated as of January 31, 2007,
and recorded in the Official Records of Orange County California on February 7, 2007, as
Instrument No. 2007000092571.
C. The Original Developer assigned, and GardenWalk Hotel assumed, the Development Agreement
with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of
Second Amended and Restate Development Agreement No. 99-01 dated as of July 19, 2007 and
recorded in the Official Records of Orange County California on July 19, 2007, as Instrument No.
2007000453402.
D. Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and
the Vacation Ownership Resort No. 1 to Westgate Resorts pursuant to that certain Partial
Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of
February 29, 2008, and recorded in the Official Records of Orange County California on March
6, 2008, as Instrument No. 2008000105443.
E. The Development Agreement addresses, among other things, the Developer’s construction of the
Project in phases, requiring that the Developer commence construction of the various Project
Elements within certain time frames.
F. In 2010, GardenWalk Hotel and Westgate Resorts requested that the City amend the
Development Agreement (i) to redefine Hotel No. 1, Hotel No. 2 and Hotel No. 3 as one (1)
Project Element consisting of two (2) Hotels (“Hotels 1 and 2”) totaling, approximately eight
hundred sixty-six (866) Hotel Rooms in the aggregate, (ii) to require the Commencement of
Construction of Hotels 1 and 2 to occur on or before May 26, 2011 and (iii) to require the
Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23,
2
2019. Accordingly, the Development Agreement was amended by that certain Amendment No. 1
to Second Amended and Restated Development Agreement No. 99-01 dated as of March 1, 2010,
and recorded in the Official Records of Orange County California on July 19, 2010, as Instrument
No. 2010000341657 (“Amendment No. 1”).
G. GardenWalk Hotel thereafter requested that the City further amend the Development Agreement,
Amendment No. 2 to the Second Amended and Restated Development Agreement No. 99-01
dated as of July 1, 2010 and recorded in the Official Records of Orange County on August 17,
2011, as Instrument No. 2011000406499 (“Amendment No. 2”), to require the Commencement
of Construction of Hotels 1 and 2 occur on or before May 26, 2013 and the Completion of
Construction and Opening for Business (as defined in Amendment No. 2) occur no later than 36
months after the Commencement of Construction of the Hotels.
H. As the successor in interest to Anaheim GW II, Katella Anaheim Retail, LLC (“Katella
Anaheim”), thereafter requested an amendment to the Development Agreement, Amendment No.
3 to the Second Amended and Restated Development Agreement No. 99-01, dated as of August
23, 2011 and recorded in the Official Records of Orange County on September 16, 2011, as
Instrument No. 2011000459373 (“Amendment No. 3”), to make changes to the mix of uses and
the square footage of Retail No. 1.
I. GardenWalk Hotel thereafter requested that the City further amend the Development Agreement,
Amendment No. 4 to the Second Amended and Restated Development Agreement No. 99-01,
dated as of June 4, 2013 and recorded in the Official Records of Orange County on June 10,
2013, as Instrument No. 2013000350713 (“Amendment No. 4”), to require that the
Commencement of Construction of the Hotels occur on or before May 26, 2015, unless
Developer elects to phase the construction of the Hotels, in which event, GardenWalk Hotel will
be allowed to commence construction of the first Hotel on or before May 26, 2015, and to
commence construction of the second hotel if at all, no later than November 26, 2019. In
connection with Amendment No. 4, the City Council approved that certain Addendum to the
Pointe Anaheim Initial Study/Mitigated Negative Declaration, dated March 27, 2013 (the “2013
Addendum”), which shall be included in the “Existing Approvals” under the Development
Agreement.
J. Unless otherwise defined in this Amendment No. 5, all capitalized terms shall have the meanings
ascribed to such terms in the Development Agreement, as amended by Amendment No. 1,
Amendment No. 2, Amendment No. 3 and Amendment No. 4. Copies of the Development
Agreement are available as a public record in the office of the City Clerk located at 200 South
Anaheim Boulevard, Anaheim, California.
K. Westgate Resorts has requested the City amend the Development Assurances, set forth in
paragraphs (c) and (d) of Section 3.1.1 of the Development Agreement to require the
Commencement of Construction of Vacation Ownership No. 1 to occur on or before October 1,
2021.
L. The City and Westgate Resorts (each, a “Party” and collectively, the “Parties”) intend, in this
Amendment No. 5, to amend the Development Agreement as stated in Recital K.
3
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS
FOLLOWS:
SECTION 1. AMENDMENT OF DEVELOPMENT AGREEMENT. The Development Assurances
set forth in paragraph (d) of Section 3.1.1. of the Development Agreement is deleted and replaced
with the following:
(d) Westgate Resorts, as Developer, shall Commence Construction of
Vacation Ownership Resort No. 1 on or before October 1, 2021 and shall Complete
Construction and Open for Business no later than twenty-four (24) months after
Commencement of Construction of Vacation Ownership Resort No. 1.
SECTION 2. AMENDMENT OF DEVELOPMENT AGREEMENT. The Conditions of Approval
Relating to Vacation Ownership Resort No. 1 set forth in Section 2.2 of the Development
Agreement is deleted and replaced with the following:
2.2 Conditions of Approval Relating to Vacation Ownership Resort No. 1.
To the extent any of the Conditions of Approval contain any deadlines for the
Commencement of Construction of Vacation Ownership Resort No. 1, such deadlines
shall be extended to October 1, 2021. The amendment of the Development Assurances in
Section 1.1 of this Amendment No. 5 as those amendments relate to Section 3.1.1 (d) of
the Development Agreement and the amendment of the Conditions of Approval set forth
in the preceding sentence of this Section 1.2 are hereby subject to the following
conditions:
On or before June 14, 2010, Westgate Resorts shall submit to the City a
screening plan for the exposed rebar on the upper deck of Parking Structure No. 1 which
is visible from the ground consisting of painted plywood secured to such upper deck and
generally consistent with the screening existing on the southerly edge of upper deck as of
the Date of this Amendment No. 5 (the "Screening Plan") for review and approval, which
approval shall not be unreasonably withheld, conditioned or delayed. On or before
September 30, 2010, Westgate Resorts shall implement the City-Approved Screening
Plan.
SECTION 2. INTEGRATION. Except as expressly provided to the contrary herein, all provisions of
the Development Agreement, as amended, remains in full force and effect. The Development Agreement
and this Amendment No. 5 are collectively referred to as the “Agreement”. The Agreement integrates all
of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous
agreements between the Parties with respect to the subject matter hereof.
SECTION 3. EFFECTIVE DATE. This Amendment No. 5 shall take effect upon the date the
ordinance of the City Council of the City approving this Amendment No. 5 takes place.
(Signatures shown on following page)
Signature Page to Amendment No. 5 to
Second Amended and Restated Development Agreement No. 99-01
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT NO. 5 OF THE
RESPECTIVE DATES STATED BELOW.
“CITY”
CITY OF ANAHEIM
a municipal corporation and charter city
Dated: By:
Mayor of the City of Anaheim
Mayor Harry S. Sidhu
ATTEST
CITY CLERK FOR THE CITY OF ANAHEIM
By:
Name: Theresa Bass
APPROVED AS TO FORM:
CITY ATTORNEY
By:
Name: Robert Fabela
131927
(Signatures continue on following page)
Signature Page to Amendment No. 5 to
Second Amended and Restated Development Agreement No. 99-01
“DEVELOPER”
WESTGATE RESORTS ANAHEIM LLC
a Florida limited liability company
By: Westgate Resorts, Inc.,
a Florida corporation
its Manager
Dated: By:
David S. Siegel, President
EXHIBIT “A” to Amendment No. 5 to
Second Amended and Restated Development Agreement No. 99-01
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF __________
The foregoing instrument was acknowledged before me this _________________________ day of 2019,
by David S. Siegel, as President of Westgate Resorts, Inc., a Florida corporation, as Manager of Westgate
Resorts Anaheim LLC, a Florida limited liability company.
(Seal)
Signature of Notary Public
Print, Type/Stamp Name of Notary
Personally known:_________
OR Produced Identification:__________
Type of Identification Produced:________
ATTACHMENT NO. 3
Attachment No. 4
Environmental Impact Analysis
When a lead agency has certified an Environmental Impact Report (EIR) or adopted a
negative declaration for a project, no subsequent EIR shall be prepared for that project unless the
lead agency determines, based on substantial evidence in the light of the whole record, one or more
of the following:
(1)Substantial changes are proposed in the project which will
require major revisions of the previous EIR or negative declaration
due to the involvement of new significant environmental effects or
a substantial increase in the severity of previously identified
significant effects; (2) Substantial changes occur with respect to the
circumstances under which the project is undertaken which will
require major revisions of the previous EIR or Negative Declaration
due to the involvement of new significant environmental effects or
a substantial increase in the severity of previously identified
significant effects; or (3) New information of substantial
importance, which was not known and could not have been known
with the exercise of reasonable diligence at the time the previous
EIR was certified as complete or the Negative Declaration was
adopted, shows any of the following: (A) The project will have one
or more significant effects not discussed in the previous EIR or
negative declaration; (B) Significant effects previously examined
will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible, and would substantially reduce
one or more significant effects of the project, but the project
proponents decline to adopt the mitigation measure or alternative;
or Association of Environmental Professionals 2019 CEQA
Guidelines 212 (D) Mitigation measures or alternatives which are
considerably different from those analyzed in the previous EIR
would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the
mitigation measure or alternative. (Pub. Resources Code, § 21166;
CEQA Guidelines, § 15162.)
These thresholds are not present, and this proposal to amend the Amended and Restated
Development Agreement Development Agreement No. 99-01 (the “Project”) is sufficiently
analyzed by The Disneyland Resort Specific Plan EIR No. 311, the Pointe Anaheim Initial Study
and Mitigated Negative Declaration (IS/MND), and associated Addenda. The following pages
provide a description of these documents and their certification/approval.
In particular, the Anaheim GardenWalk Project has not changed s ince the last approved Addendum
No. 5 (December 2015). Additionally, there is no new information of substantial importance to
the Anaheim GardenWalk Project that the lead agency did not know and could not have known
previously (See Pub. Resources Code, § 21166; CEQA Guidelines, § 15162). Therefore, the
analysis in The Disneyland Resort Specific Plan EIR No. 311, the Pointe Anaheim Initial Study
and Mitigated Negative Declaration (IS/MND), and associated Addenda remain relevant and retain
informational value as to the Anaheim GardenWalk Project. The proposed extension of the
Commencement of Construction date in the Proposed Amendment No. 5 to the Second Amended
and Restated Development Agreement for the Anaheim GardenWalk Project will not increase the
unit count, or otherwise increase the intensity of the project, but will simply serve to provide
additional time for development of the Vacation Ownership Resort. As such, this environmental
analysis is a minor change to the development agreement.
Therefore, the approval of the Project does not necessitate additional environmental review. The
Project will not result in new or substantially more severe impacts than previously evaluated by
The Disneyland Resort Specific Plan Environmental Impact Report No. 311, Pointe Anaheim
IS/MND, and subsequent addenda and/or require additional mitigation measures. Furthermore,
there is no new information of substantial importance, which the City, as the Lead Agency, did not
know and could not have known with the exercise of reasonable diligence at the time of the
certification and approval of these documents that triggers the need for the preparation of
subsequent environmental review.
Environmental Documentation Previously Prepared for the Anaheim GardenWalk Project
EIR No. 311: In June 1993, the City of Anaheim certified EIR No. 311 for The Disneyland Resort
Specific Plan. EIR No. 311, as subsequently amended, provides for the development of an
international vacation destination resort, including the development of a new theme park,
additional hotel and entertainment areas, administrative office facilities, back-of-house facilities,
new public and private parking facilities, an internal transportation system, and the on-going
modification of the Disney Theme Parks. The Anaheim GardenWalk Overlay was not a part of the
original Disneyland Resort Specific Plan.
1999 IS/MND: In June 1999, the City Council approved amendments to (1) the Anaheim General
Plan, The Disneyland Resort Specific Plan, Anaheim Municipal Code, and Anaheim Resort Public
Realm Landscape Program; (2) Conditional Use Permit No. 4078; and (3) Development
Agreement No 99-01 between the City of Anaheim and Excel Pointe Anaheim, LLC. The
amendments added text to the Commercial Recreation land use designation, recognizing that The
Disneyland Resort Specific Plan provides for the development of the Pointe Anaheim (now
Anaheim GardenWalk) Overlay at the following density: up to 565,000 gross square feet (sf) of
restaurant/dining/entertainment uses; 2 to 3 hotels comprising a maximum of 1,050 hotel
rooms/suites with related accessory retail uses (total hotel maximum 923,800 sf); a multiplex
theater including either 4,600 seats for live performances or 4,757 seats for movies; a parking
structure with approximately 4,800 parking spaces; an approximately 141,200-sf, open-air family
entertainment center on the top floor of the parking structure; and a bus terminal/facility for airport
transport and transport to/from sightseeing venues.
The IS/MND was prepared to evaluate the environmental impacts of these amendments and
entitlements and analyzed a project to be constructed in one phase that encompassed the entire
Pointe Anaheim project site. The 1999 IS/MND considered potential impacts in the areas of Land
Use-Related Plans and Policies, Land Use Compatability, Transportation and Circulation, Air
Quality, Noise, Earth Resources, Groundwater and Surface Hydrology, Construction,
Employment, Population and Housing, Public Services and Utilities, Hazardous Materials, Visual
Resources, Cultural Resources, and Energy. The IS/MND concluded that after incorporation of the
recommended mitigation measures, potentially significant environmental impacts would be
eliminated or reduced to a level considered less than significant in all of these areas. The City
Council thereafter adopted the IS/MND and an associated mitigation monitoring program, and
specifically found that, with the imposition of the required mitigation, the Anaheim GardenWalk
Development would not have any significant adverse impacts.
2001 Addendum: On February 26, 2002, the City Council approved amendments to the Anaheim
General Plan, The Disneyland Resort Specific Plan, the Anaheim Municipal Code, Anaheim
Resort Public Realm Landscape Program, Conditional Use Permit No. 4078, and Development
Agreement No. 99-1 (First Amended and Restated Development Agreement No. 99-01 between
the City of Anaheim and Excel Pointe Anaheim, LLC). The environmental impacts of these
amendments were evaluated by the 2001 Addendum.
These amendments addressed modifications to the Pointe Anaheim project to add an additional
hotel; delete the live theater complex entitlement and replace it with another commercial attraction
such as an aquarium; reduce the area proposed for retail/dining/entertainment uses by 24,300 sf;
and increase the overall square footage of the covered parking facility to accommodate an
additional 400 spaces via tandem parking and valet while reducing the size of the bus terminal.
Additional changes include project phasing and addition of a signalized median break on Disney
Way. The City Council also approved a Disposition and Development Agreement (DDA) by and
between the City and Excel Pointe Anaheim LLC that provided for the sale of approximately 1.35
acres located at the southwestern corner of Disney Way and Clementine Street, north of Fire
Station No. 3 (to the then developer), and for the lease (to the City) of certain public parking
facilities to be constructed on the project site. The DDA provided economic assistance equal to 50
percent of the Transient Occupancy Tax (TOT) generated by the initial 500-room hotel for 10
years, capped at $7 million in Net Present Value (NPV) terms.
The environmental impacts of these amendments were evaluated by the 2001 Addendum, which
concluded that the changes to the project would not result in any new significant environmental
impacts. Specifically, the 2001 Addendum concluded that “[d]ue to the generally similar nature of
the modified project and the approved Pointe Anaheim project, no new impacts are anticipated”.
In support of this conclusion, the 2001 Addendum addressed the areas of Land Use-Related Plans
and Policies, Land Use Compatability, Transportation and Circulation, Air Quality, Noise, Earth
Resources, Groundwater and Surface Hydrology, Construction, Employment, Population and
Housing, Public Services and Utilities, Hazardous Materials, Visual Resources, Cultural
Resources, and Energy. For example, with respect to Transportation and Circulation, the 2001
Addendum found that “no major revisions [were] required to the traffic analysis provided in the
Pointe Anaheim IS/MND,”…“[d]ue to the generally similar nature of the proposed project and the
approved Point Anaheim Project. The modified project was “expected to generate about 10 percent
fewer p.m. peak hour trips than the previously approved project” and pedestrian traffic “would
also decrease or remain unchanged from the previous project, resulting in no significant impact
with implementation of the previously required mitigation measures.” With respect to Air Quality,
the 2001 Addendum similarly explained that there were “no major revisions to the air quality
analysis provided in the Pointe Anaheim IS/MND,” because “[t]he modified project is comparable
to the [previously-approved] project both in land uses and intensity of development.” It also notes
that “a slight reduction in vehicular project-related traffic is expected to occur, which would reduce
corresponding automobile emissions,” and that “due to the phasing of the project the construction
emissions will not be as great as previously projected.” Similar conclusions were reached with
regard to all of the other topics addressed in the 2001 Addendum, and it was additionally stated
that “With the proposed land use mix changed to more hotel rooms and less restaurant space, there
would be a lower demand on water services.” The City Council determined that the 2001
Addendum was adequate to serve as the required CEQA documentation for the 2001 amendments
and that there was no evidence that the modified project would have a significant effect on the
environment.
On December 14, 2004, the City Council approved amendments to Conditional Use Permit No.
4078, Development Agreement No. 99-01 (Amendment No. 1 to First Amended and Restated
Development Agreement by and between the City of Anaheim and Anaheim GW LLC, as
successor in interest to Excel Pointe Anaheim, LLC), and the DDA (1) to extend, by one year, the
date by which construction of the Initial Phase of Development must commence (by February 26,
2006) and (2) to assign Anaheim GW, LLC as the successor-in-interest to Excel Pointe Anaheim,
LLC for both the Development Agreement and the DDA. No modifications were made to the
project description and the City Council determined that the 2001 Addendum was adequate to
serve as the appropriate environmental documentation for these actions.
On January 31, 2006, the City Council approved amendments to Development Agreement No. 99-
01 (Amendment No. 2 to First Amended and Restated Development Agreement No. 99-01 by and
between the City of Anaheim and Anaheim GW LLC), and the DDA to extend, by one year, the
date by which construction of the Initial Phase of Development must be commenced (by February
26, 2007). On December 12, 2005, the Planning Commission had approved a related amendment
to Conditional Use Permit No. 4078. The proposed extension was intended to provide sufficient
time to process the modified project to the Anaheim GardenWalk Project entitlements and
facilitate the project moving forward in a timely manner. The Planning Commission and City
Council determined that the 2001 Addendum was adequate to serve as the appropriate
environmental documentation for these actions.
2006 Addendum: On April 11, 2006, the City Council approved (1) amendments to the Anaheim
General Plan, The Disneyland Resort Specific Plan, the Anaheim Municipal Code, Conditional
Use Permit No. 4078, Development Agreement No. 99-01 (Second Amended and Restated
Development Agreement No. 99-1 between the City of Anaheim and Anaheim GW, LLC), and
the DDA by and between the City of Anaheim and Anaheim GW, LLC; (2) Tentative Parcel Map
No. 2002-205; and (3) Final Site Plan No. 2006-00002. The City Council determined that the 2006
Addendum was adequate to serve as the environmental documentation for these actions. The
modified project increased the number of hotels to five and reduced the maximum number of hotel
rooms from 1,662 to 1,628. Additionally, the square footage assigned to hotel accessory uses was
reduced from 282,071 sf to 278,817 sf. Within the retail, dining and entertainment (RDE)
component of the project, plans for an aquarium were replaced with plans for an equivalent amount
of specialty retail uses; total dining area was increased from 90,850 sf to 113,900 sf; and
entertainment uses were reduced from 154,000 sf to 66,000 sf with the potential for a multiplex
movie theater (2006 Addendum, p. 2-3, Table 1).
The 2006 Addendum analyzed the proposed development intensities in two development areas
(Development Area A and Development Area B) as shown in Table 1. The 2006 Addendum noted
that the “impact of the project [would] remain basically the same because the footprint of the
project covers the same area as the previously-approved Pointe Anaheim project with similar types
and density of land uses”. It specifically addressed the areas of Land Use-Related Plans and
Policies, Land Use Compatability, Transportation and Circulation, Air Quality, Noise, Earth
Resources, Groundwater and Surface Hydrology, Construction, Employment, Population and
Housing, Public Services and Utilities, Hazardous Materials, Visual Resources, Cultural
Resources, and Energy and concluded that “[d]ue to the generally similar nature of the [modified]
project and the approved Pointe Anaheim project, no new impacts [were] anticipated” in any such
areas. The City Council determined that the proposed amendments would not result in any new
significant environmental impacts and that the 2006 Addendum, together with an amended
mitigation monitoring program, was adequate to serve as the required CEQA documentation.
On May 26, 2009, the City Council approved an Economic Assistance Agreement that allowed
GardenWalk Hotel I, LLC to receive a portion, up to a total of $76.3 million, of the TOT generated
by the development of up to 2 hotels with a total of 866 rooms over a 15-year period. This
agreement required completion of construction drawings by August 26, 2010, and commencement
of construction by 2011. The Economic Assistance Agreement contained a provision that indicated
the DDA was terminated with respect to its incentives for hotel development.
On March 23, 2010, the City Council approved an amendment to Development Agreement No.
99-01 (Amendment No. 1 to Second Amended and Restated Development Agreement No. 99-01
by and between the City of Anaheim and GardenWalk Hotel I, LLC and Westgate Resorts
Anaheim LLC) to change the construction start date for the hotels within Development Area A of
the Anaheim GardenWalk Project to May 26, 2011; change the construction start date for the
timeshare component within Development Area A of the Anaheim GardenWalk Project to March
23, 2019; and redefine the project description from 5 hotels with up to 1,628 rooms to 4 hotels
with up to 1,628 rooms. The City Council determined that the previously approved MND (i.e., the
1999 IS/MND) was adequate to serve as the environmental documentation for the amendment.
On August 24, 2010, the City Council approved Amendment No. 1 to the Economic Assistance
Agreement to extend the deadline for completion of construction drawings to August 26, 2012,
and commencement of construction to May 26, 2013. On August 24, 2010, the City Council also
approved Amendment No. 2 to the Second Amended and Restated Development Agreement No.
99-01 by and between the City of Anaheim and GardenWalk Hotel I, LLC to defer the
commencement of hotel construction by up to two additional years, to commence no later than
May 26, 2013. The City Council determined that the previously approved MND (i.e, the 1999
IS/MND) was adequate to serve as the environmental documentation for the Development
Agreement amendment.
2011 Addendum: On August 16, 2011, the City Council approved amendments to the Anaheim
General Plan, The Disneyland Resort Specific Plan, Conditional Use Permit No. 4078, the Second
Amended and Restated Development Agreement No. 99-01 (Amendment No. 3 to Second
Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim
and Katella Anaheim Retail, LLC), and Final Site Plan No. 2006-00002 to change the mix and
allocation of the land uses at Anaheim Gardenwalk to allow development of 590,265 sf of specialty
retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms (including
up to 500 vacation ownership units) and 278,817 sf of hotel accessory uses; a transportation center;
and 4,800 parking spaces. This amendment also revised the number of hotels permitted within
Development Area A to reflect the 2010, and subsequent 2011, Development Agreement
amendments. This was a change to the number of hotels only; no changes were made to the number
of hotel rooms within Development Area A or to the development intensity permitted within
Development Area B, as shown in Table 2. The environmental impacts of these amendments were
evaluated by the 2011 Addendum, which the City Council determined was adequate to serve as
the required CEQA documentation for these actions.
2013 Addendum: On May 14, 2013, the City Council approved an amendment to the Second
Amended and Restated Development Agreement No. 99-01 (Amendment No. 4 to Second
Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim
and GardenWalk Hotel I, LLC) to extend the date for commencement of construction of the two
hotels from May 26, 2013 to on or before May 26, 2015, unless GardenWalk Hotel I, LLC elects
to phase the construction of the hotels. With phasing, construction of the first hotel was to begin
by May 26, 2015 and be completed by November 26, 2017. Construction of the second hotel was
to begin by November 26, 2019 and be completed by May 26, 2022. Also on May 14, 2013, the
City Council separately approved an Economic Assistance Agreement for the two hotels. The
amendment did not result in a change to the permitted development intensity. The environmental
impacts of this amendment and Economic Assistance Agreement were evaluated by the 2013
Addendum, which the City Council determined was adequate to serve as the required CEQA
documentation for these actions.
2015 Addendum: On January 11, 2016, the Planning Commission approved a Final Site Plan and
Variance for a 466-room hotel with a narrower setback than required by the Code. An Addendum
to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration
(IS/MND) was been prepared to evaluate the potential environmental effects of the proposed
project. The 2015 Addendum analyzed the potential impacts on areas such as traffic, noise, and
air quality and concluded that the proposed project would not result in any environmental impacts
beyond those that have been analyzed and addressed in the Pointe Anaheim IS/MND. The City
Council determined that the 2015 Addendum was adequate to serve as the required CEQA
documentation for the project.
Summary of Anaheim GardenWalk Development Agreement No. 99-01 and Amendments
Development Agreement No. 99-01 pertains to the Anaheim GardenWalk (formerly Pointe Anaheim)
Project. The Project Site is located on approximately 20 acres, 650 feet east of Harbor Boulevard and
bound to the north, east and south by Disney Way, Clementine Street, and Katella Avenue, respectively.
The Project Site is within the Anaheim GardenWalk Overlay of the Disneyland Resort Specific Plan. The
City Council approved the Disneyland Resort Specific Plan in June 1993 to provide development
guidelines and standards for the expansion and on-going modifications of The Disneyland Resort and
adjacent hotels and visitor-serving uses.
The Anaheim GardenWalk project was approved by City Council in June 1999. Project approvals
included amendments to the General Plan, Disneyland Resort Specific Plan, Anaheim Municipal Code
and The Anaheim Resort Public Realm Landscape Program. The Council also approved Conditional Use
Permit No. 4078 and Development Agreement No 99-01 between the City of Anaheim and Excel Pointe
Anaheim, LLC. These actions created the Pointe Anaheim Overlay and provided the framework to
develop the project site.
As shown in the table below, the City Council approved subsequent amendments to Development
Agreement No. 99-01 in February 2002, December 2004, January 2006, April 2006, March 2010, August
2010, August 2011, and May 2013.
Approval Date Document Name
June 22, 1999 Development Agreement No. 99-01
February 26, 2002 First Amended and Restated Development Agreement No. 99-01
December 14, 2004 Amendment No. 1 to First Amended and Restated Development
Agreement
January 31, 2006 Amendment No. 2 to First Amended and Restated Development
Agreement No. 99-01
April 11, 2006
Second Amended and Restated Development Agreement No. 99-1 (also
known as “Amendment No. 3 to the First Amended and Restated
Development Agreement No. 99-01”)
March 23, 2010 Amendment No. 1 to Second Amended and Restated Development
Agreement No. 99-01
August 24, 2010 Amendment No. 2 to Second Amended and Restated Development
Agreement No. 99-01
August 16, 2011 Amendment No. 3 to Second Amended and Restated Development
Agreement No. 99-01
May 14, 2013 Amendment No. 4 to the Second Amended and Restated Development
Agreement No. 99-01
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. 5
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: APRIL 15, 2019
SUBJECT: ZONING CODE AMENDMENT NO. 2019-00160
LOCATION: Citywide
APPLICANT: City of Anaheim
REQUEST: This is a City-initiated amendment to Title 18 (Zoning) of the Anaheim
Municipal Code (Code) modifying Chapters 18.08 (Commercial Zones) and 18.38
(Supplemental Use Regulations) to facilitate the conversion of existing motels and
other commercial and office structures within the "C-G" General Commercial Zone to
housing. The conversion of said structures would be limited to Multiple-Family,
Transitional and Supportive Housing for low-income persons and subject to certain
development and performance standards and approval of a conditional use permit.
RECOMMENDATION: Staff recommends that the Planning Commission, by
motion, recommend that the City Council determine that the proposed Code
amendment is categorically exempt under the California Environmental Quality Act
(CEQA), Section 15301, Class 1 (Existing Facilities) and adopt the attached draft
ordinance for Zoning Code Amendment No. 2019-00160.
BACKGROUND: In June 2017, the City Council established the Homeless Policy
Working Group for the purpose of developing and recommending a policy framework
to address homelessness in Anaheim. Following four months of meetings, the Policy
Group developed several long and short-term policy recommendations to the City
Council. In January 2018, the City Council approved the recommendations under
Resolution No. 2018-009, which embraces the Housing First Model and supports,
among other things, planning and zoning changes that would prioritize the
development of Transitional and Supportive Housing.
The Housing First Model outlines the necessary steps for people experiencing
homelessness to move from Emergency Shelters to longer-term housing, including
Transitional and Supportive Housing. The City has realized short-term success with
this model by facilitating the development of three Emergency Shelters within the
City. However, as defined by State law and the Code, Emergency Shelters house
individuals and families for six months or less.
ZONING CODE AMENDMENT NO. 2019-00160
April 15, 2019
Page 2 of 6
In order to provide longer-term solutions, the City is committed to facilitating the development of
Transitional, Supportive and Multiple-Family Housing that would provide homes for low-income
persons for periods of six months or longer. In regards to the development of these housing units,
staff is working with several developers on a number of proposals. Key to this effort is the adoption
of land use regulations that will facilitate these developments.
In addition to the City Council’s Housing First efforts, in August 2018, the Council also adopted
an Affordable Housing Policy affirming that affordable housing is a priority in the City of Anaheim
in response to the housing affordability crisis. The Affordable Housing Policy encourages dialogue
between City and all developers of upcoming rental and for-sale housing proposed in Anaheim to
consider options and approaches for addressing the City's affordable housing needs, as set forth in
the Housing Element of the City's General Plan, and other documents that guide the City's
affordable housing goals. The Council also adopted an Affordable Housing Action Plan in
conjunction with the Policy, which includes regulatory relief and process incentive measures along
with the development of several programs aimed at increasing the supply of affordable housing.
One of the Plan’s action items recommends that staff analyze and process amendments to the
Zoning Code to allow the development of all housing product-types, including creative housing
solutions for all income levels.
PROPOSAL: In response to City Council policies to address homelessness and find creative
housing solutions as discussed above, staff is recommending modifying Chapters 18.08
(Commercial Zones) and 18.38 (Supplemental Use Regulations) to facilitate the conversion of
existing motels and other commercial and office structures within the "C-G" General Commercial
Zone to housing. The conversion of said structures would be limited to Multiple-Family,
Transitional and Supportive Housing for lower income individuals and subject to certain
development and performance standards and approval of a conditional use permit. These
development and performance standards include:
Sunset Provisions: In early 2018, the Association of California Cities – Orange County (ACC-OC)
called upon Orange County’s 34 cities to develop a countywide plan to build and fund 2,700
Supportive Housing units, which would provide enough units to house the County’s estimated
homeless population. To achieve the goal of 2,700 units, ACC-OC allocated every city in Orange
County a target number of units based on each city’s total resident population. Anaheim received
an allocation of 303 units, the highest of any city since it is the largest city in the County.
In response, the proposed ordinance’s primary purpose is to facilitate the conversion of existing
motels, and other commercial and office structures, to Supportive Housing to meet the ACC-OC’s
allocation. The ordinance includes a sunset provision that would null and void the ordinance three
years from its effective date or upon satisfaction of the 303 Supportive Housing units allocated to
Anaheim by ACC-OC, whichever occurs first. The City Council would have the authority to grant
an extension to the ordinance beyond the three years. Additionally, if the City receives an
application to convert a motel or other commercial or office structure to housing prior to reaching
the 303 unit threshold and the proposed project would create an excess of 303 units of Supportive
Housing, that application will be considered for the full number of units proposed, subject to the
approval of the Planning Commission. As further discussed below, the ordinance would also allow
conversions of motel, office and commercial structures to Transitional and Multiple-Family
Housing, but only when in conjunction with Supportive Housing.
ZONING CODE AMENDMENT NO. 2019-00160
April 15, 2019
Page 3 of 6
Permitted Zone: The proposed ordinance would only allow the conversion of existing motel and
other commercial and office structures to Multiple-Family, Transitional and Supportive Housing
for low-income persons within the "C-G" General Commercial Zone, subject to the granting of a
conditional use permit.
Location and Distribution: The proposed ordinance would allow the City Council to determine the
location and distribution of each application requesting residential conversions under the subject
ordinance through a Memorandum of Understanding (MOU) between the applicant and the City.
The applicant would be required to enter into this MOU prior to the Planning Commission’s review
of the conditional use permit application. This would ensure the equitable and appropriate
distribution of units throughout the City in relation to other sites providing Transitional Housing,
Supportive Housing, Emergency Shelters and other forms of housing and services offered to target
populations.
Residential Density and Occupancy Limits: As discussed above, the proposed ordinance would
only allow conversions of structures to residential uses within the "C-G" General Commercial
Zone. Since this a commercial zone, the development standards of the “C-G” Zone do not provide
a specific density range requirement for residential development. To accommodate the target
population household needs and allow a density that is appropriate to a selected site and its
surrounding properties, staff recommends that the ordinance allow a maximum residential density
of one hundred (100) residents per acre, in lieu of dwelling units per acre.
The proposed ordinance would also establish occupancy limits. The maximum occupancy of any
housing units approved under this ordinance would be subject to the following provisions:
Studio Units – The maximum occupancy would not exceed one person.
One-Bedroom Units – The maximum occupancy would not exceed three persons.
If needed, the City would allow one additional person to be part of a household as a reasonable
accommodation and subject to on-site management approval. The Community and Economic
Development Department, would work with applicant to further define the conditions of this
accommodation in the property’s Marketing and Tenant Selection plan.
Design Review: To ensure quality design and architecture, the proposed ordinance would require
that all applications for residential conversions conform to the City of Anaheim Affordable
Housing Development Residential Design Guidelines (see Attachment No. 2). Applicants of
proposed conversions for residential uses would be required to submit plans to the Planning and
Building Department and Community and Economic Development Department for design review
to ensure project compatibility to the existing neighborhood scale and character, and a consistent
high level of livability for residents, consistent with the General Plan Community Design Element.
Supportive Housing Units: As discussed above, the proposed ordinance’s primary purpose is to
facilitate the conversion of existing motel and other commercial and office structures to Supportive
Housing. It would allow conversions to Transitional and Multiple-Family Housing, but only when
in conjunction with Supportive Housing. All applications for residential conversions would be
subject to the following requirements:
ZONING CODE AMENDMENT NO. 2019-00160
April 15, 2019
Page 4 of 6
Small Projects – For projects with 70 total units or less, the number of units required to be
dedicated as Supportive Housing would be 50 percent or more of the total units and offered
to persons with incomes of up to 60 percent of area median income.
Large Projects – For projects with more than 70 total units, the number of units dedicated
as Supportive Housing would be established and approved by the Community and
Economic Development Department.
While the majority of units would be dedicated as Supportive Housing, it is important to allow a
mix of income-levels and housing types. Best practices have shown that chronically homeless high
needs individuals are better served in integrated housing developments. Further, Mental Health
Services Act (MHSA) funds, which cover case management and mental health services, only
provide funding to a maximum of 50 percent of units at any given development. The affordability
targeting/mix for all projects would be dictated by the affordable housing funding program
requirements and approved by the Community and Economic Development Department pursuant
to a written agreement and affordability covenants.
Wrap-Around Supportive Services: In conjunction with any conversion of a structure to a
residential use, the proposed ordinance would require on-site provisions of Wrap-Around
Supportive Services for residents of the project. As defined by the proposed ordinance, the term
“Wrap-Around Supportive Services” means a holistic program of support services provided as an
ancillary use to transitional and supportive housing to stabilize an individual or a family. The
services can be provided in a collaborative manner by a number of organizations and commonly
include services related to mental health, counseling, medical care, drug rehabilitation, parenting,
budgeting and life skills, and educational and job training.
Anaheim Preference: Consistent with Council policy, the proposed ordinance includes provisions
that offer and maintain a preference to Anaheim residents for admission into residential units that
result from this ordinance, as follows:
At a minimum, an Anaheim preference would apply to the greater of a proportionate share
of housing units at the site when there is a combination of funding sources, such as County
sponsored funds.
When Anaheim funding is the only or primary source of gap funding, a live/work
preference would apply to all assisted units. An applicant may qualify for an Anaheim
preference if they live or work in Anaheim at the time of application.
For applicants who are homeless at the time of application, an Anaheim preference would
apply if the applicant can demonstrate a connection to Anaheim as outlined in admissions
guidelines established for the Anaheim Housing Choice Voucher (HCV) Program.
The application process begins upon receipt of a referral to an open unit, which includes
an imminent opening at the property that an applicant is considering. An applicant must be
able to demonstrate an Anaheim connection in order to be eligible for a preference at the
time of referral.
ZONING CODE AMENDMENT NO. 2019-00160
April 15, 2019
Page 5 of 6
Development Standards: Residential conversion projects under this ordinance would be utilizing
existing structures such as motels and commercial and office buildings. The proposed ordinance
would not require the applicant to bring the existing building into conformance with the Zoning
Code. However, any new construction associated with the conversion project would be required
to meet all applicable development standards of the "C-G" General Commercial Zone.
Additionally, the existing structure and any new construction would need to comply with the
Building Code. Moreover, in order to achieve a high level of livability for residents and
compatibility with surrounding uses, the development standards listed below would apply to
conversion projects.
Facility Management Plan: The proposed amendment would require the applicant to submit a
facility management plan for review and approval by the Planning and Building Director,
Community and Economic Development Director and Police Chief, or their designee, prior to the
operation of the residential use. The plan may be required to address additional specific needs and
shall remain active throughout the life of the use. The plan shall include, at a minimum, the
following:
A detailed plan and strategy for the long term operation, maintenance, repair, security,
social/supportive services, marketing of the project, method of selection of tenants, rules
and regulations for tenants, and other rental and operational policies for the project.
Measures regarding off-site controls to minimize the congregation of clients in the vicinity
of the use.
A system for monitoring of outdoor areas to minimize disruption to nearby land uses.
ANALYSIS:
The City Council is the approval authority for a text amendment to the Zoning Code. The Code
requires the Planning Commission to review the proposed amendment as a public hearing item on
the Planning Commission Agenda, and by motion, recommend approval or denial for any text
amendments. Staff recommends that the Planning Commission recommend approval of the Code
amendment for the following reasons:
The proposed amendment is consistent with City Council Resolution No. 2018-009, which
approved the recommendations of the Homeless Policy Working Group, to consider
regulatory amendments to the City’s Zoning Code to increase the supply of affordable
housing and the development of a variety of housing product-types for all income levels
including, but not limited to, Transitional and Supportive Housing;
Minimum Floor Area Studio units: 275 square feet
One-bedroom units: 400 square feet
Minimum Size of
Recreational-Leisure
Areas
200 square feet for each dwelling unit including indoor and outdoor
common areas; a common kitchen/ dining area shall be included as
part of this requirement
Storage Areas
General storage cabinets with a minimum size of 100 cubic feet
capacity shall be required for each dwelling unit, and may be
provided adjacent to private recreational-leisure areas or located in
close proximity to the unit
Parking and Loading Parking demand study
ZONING CODE AMENDMENT NO. 2019-00160
April 15, 2019
Page 6 of 6
The proposed amendment provides Supportive Housing that combines Affordable
Housing with intensive coordinated services to help homeless individuals and families
and persons with disabilities maintain stable housing and receive appropriate health care;
The proposed amendment serves to achieve Anaheim’s allocation of 303 Supportive
Housing units by the ACC-OC, which established a goal to build and fund 2,700
Supportive Housing units countywide to house the County’s estimated homeless
population;
The proposed amendment is consistent with City Council Resolution No. 2018-106 that
adopted an Affordable Housing Policy, affirming that affordable housing is a priority in
the City of Anaheim, and an Affordable Housing Action Plan, that recommends that staff
analyze and process amendments to the Zoning Code to allow the development of creative
housing solutions for all income levels; and
The proposed amendment includes numerous provisions and development standards that
will ensure that these types of uses develop in a manner that is compatible with
surrounding uses while serving their intended population.
Environmental Analysis: Staff recommends the Planning Commission recommend that the City
Council find that the effects of the proposed project are Categorically Exempt from the
requirements to prepare additional environmental documentation per California Environmental
Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Class 1 consists 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 the lead agency's
determination. The proposed Code amendment meets these criteria. Pursuant to Section 15301
of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect
to the proposed project for which staff would anticipate a significant effect on the environment
and, therefore, the proposed project is categorically exempt from the provisions of CEQA.
Additionally, future conversions of existing motels, and other commercial and office structures,
to Multiple Family, Transitional and Supportive Housing for low-income persons will be subject
to subsequent CEQA review at the time that the approval body, typically the Planning
Commission, considers its approval of the conditional use permit for the proposed project.
CONCLUSION: Staff believes that the proposed ordinance supports the City Council policies to
address homelessness and find creative housing solutions. The ordinance will establish the
regulatory framework to facilitate the conversion of existing motels, and other commercial and
office structures, to Multiple-Family, Transitional and Supportive Housing for low-income
persons in a manner that will allow these types of uses to be compatible with surrounding uses
while serving their intended population. Therefore, staff recommends that the Planning
Commission recommend City Council approval of the Zoning Code Amendment.
Prepared by, Submitted by,
Gustavo Gonzalez Susan Kim
Senior Planner Principal Planner
Attachments:
1. Draft Ordinance
2. Affordable Housing Development Residential Design Guidelines
1
REDLINED TO SHOW
REVISIONS TO CURRENT
MUNICIPAL CODE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTERS 18.08 (COMMERCIAL ZONES), AND 18.38
(SUPPLEMENTAL USE REGULATIONS) OF TITLE 18
(ZONING) OF THE ANAHEIM MUNICIPAL CODE TO
FACILITATE THE CONVERSION OF EXISTING MOTEL
AND OTHER COMMERCIAL AND OFFICE STRUCTURES
TO ALLOW MULTIPLE-FAMILY, TRANSITIONAL AND
SUPPORTIVE HOUSING FOR LOW-INCOME PERSONS
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
15301(CLASS 1; EXISTING FACILITIES).
(ZONING CODE AMENDMENT NO. 2019-00160)
(DEV2019-00031)
WHEREAS, in June 2017, the City Council of the City of Anaheim (“City Council”)
established the Homeless Policy Working Group for the purpose of developing and recommending
a policy framework to address homelessness in Anaheim; and
WHEREAS, in January 2018, the City Council adopted Resolution No. 2018-009 thereby
approving the recommendations of the Homeless Policy Working Group to consider regulatory
amendments to the City’s Zoning Code to increase the supply of affordable housing and the
development of a variety of housing product-types for all income levels including, but not limited
to, Transitional and Supportive Housing as those terms are defined under the California Health
and Safety Code and the City’s Zoning Code; and
WHEREAS, transitional housing consists of rental housing units that are affordable to a
lower income household and that operate under program requirements that call for termination of
affordability assistance and recirculation of an assisted unit to another eligible recipient and some
predetermined future point in time, which shall be no less than six months; and
WHEREAS, supportive housing combines affordable housing with intensive coordinated
services to help homeless individuals and families and persons with disabilities maintain stable
housing and receive appropriate health care; and
ATTACHMENT NO. 1
2
WHEREAS, in August 2018, the Council adopted Resolution No. 2018-106 thereby
approving an Affordable Housing Policy affirming that affordable housing is a priority in the City
of Anaheim in response to the housing affordability crisis. The Affordable Housing Policy
encourages dialogue between City and all developers of upcoming rental and for-sale housing
proposed in Anaheim to consider options and approaches for addressing the City's affordable
housing needs, as set forth in the Housing Element of the City's General Plan, and other documents
that guide the City's affordable housing goals. The City Council also adopted an Affordable
Housing Action Plan in conjunction with the Affordable Housing Policy, which includes
regulatory relief to increase the supply of affordable housing. One of the Plan’s action items
recommends that staff analyze and process amendments to the City’s Zoning Code to allow the
development of all housing product-types, including creative housing solutions for all income
levels; and
WHEREAS, the Association of California Cities – Orange County (ACC-OC) has called
upon Orange County’s 34 cities to develop a countywide plan to build and fund 2,700 Supportive
Housing units, which would provide enough units to house the County’s estimated homeless
population. To achieve the goal of 2,700 units, ACC-OC allocated every city in Orange County a
target number of units based on each city’s total resident population. Anaheim received an
allocation of 303 units (the “ACC-OC allocation”), the highest of any city since it is the largest
city in the County; 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, the City of Anaheim desires to amend the Zoning Code to facilitate, for a
certain limited duration of time, the conversion of existing motel and other commercial and office
structures in certain specified zones of the City to allow Multiple-Family, Transitional and
Supportive Housing for low-income persons subject to certain development and performance
standards; and
WHEREAS, the City Council desires that the provisions of this Ordinance that allow the
conversion of existing motel and other commercial and office structures shall become inoperative,
null and void three (3) years from the date of adoption of this Ordinance or upon satisfaction of
the ACC-OC allocation, whichever occurs first; 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; 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”),
3
the City is the “lead agency” for the preparation and consideration of environmental documents
for this ordinance; and
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 15301 (Class 1; Existing Facilities), which applies to the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing structures and facilities and involving
negligible or no expansion of use beyond that existing at the time of the lead agency's
determination. The proposed Code amendment meets these criteria and there are no unusual
circumstances in respect to the proposed project for which staff would anticipate a significant
effect on the environment. Additionally, future conversions of existing motel, commercial or office
structures, to Multiple Family, Transitional and Supportive Housing for low-income persons, will
be subject to subsequent CEQA review at the time that the approval body, typically the Planning
Commission, considers its approval of the CUP for the proposed project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Table 8-A (Primary-Uses: Commercial Zone) of Chapter 18.08
(Commercial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read in full as follows:
Table 8-A
PRIMARY USES: COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
C-
NC
C-
R
C-
G
O-
L O-H Special Provisions
Residential Classes of
Uses
Dwellings-Multiple
Family N N C N N Dwellings-Multiple Family
subject to 18.38.215
Mobile Home Parks N N C N N
Senior Citizens'
Housing C C C N N
Senior Citizens' Apartment
projects subject to Chapter
18.50
Supportive Housing N N C N N Supportive Housing subject to
18.38.215
Transitional Housing N N C N N Transitional Housing subject to
18.38.215
4
Non-Residential
Classes of Uses
Alcoholic Beverage
Manufacturing N P/C P/C N N
Subject to § 18.38.025.
Buildings larger than 6,000
square feet are subject to a
Conditional Use Permit.
Alcoholic Beverage
Sales–Off-Sale P/C P/C P/C P/C P/C
Conditional use permit not
required if use is in
conjunction with Markets–
Large. In O-L and O-H Zones,
must be clearly accessory to
and integrated with an office
building
Alcoholic Beverage
Sales–On-Sale M/C M/
C
M/
C
M/
C M/C
Permitted with minor
conditional use permit if
accessory to a primary
restaurant use
Ambulance Services N C C N N
Animal Boarding P/C P/C P/C P/C P/C
Permitted without a
conditional use permit when
conducted entirely indoors
subject to § 18.38.270;
otherwise a Conditional Use
Permit is required.
Animal Grooming P P P P P
Antennas–Broadcasting P/C P/C P/C P/C P/C
Permitted without a
conditional use permit if
designed similar to stealth
telecommunications facility as
defined in
§ 18.38.060.030.0312
Antennas–
Telecommunications-
Stealth Building-
Mounted
T T T T T Subject to § 18.38.060 and
§ 18.62.020
Antennas–
Telecommunications-
Stealth Ground-
Mounted
T T T T T Subject to § 18.38.060
Antennas–
Telecommunications
Ground-Mounted (Non-
Stealth)
N N N N N
5
Automatic Teller
Machines
(ATM’s)
P P P P P Subject to § 18.36.040
Automotive–Vehicle
Sales, Lease & Rental N N C N N Subject to § 18.38.200
Automotive–Sales
Agency Office (Retail) N N C C C Subject to § 18.38.065
Automotive–Sales
Agency Office
(Wholesale)
P/M/
C
P/M
/C
P/M
/C
P/M
/C
P/M/
C
Subject to
§§ 18.16.055 and 18.38.065.
Minor conditional use permit
required for on-site storage,
display or parking of one or
two vehicles being held as
inventory. Conditional use
permit required for on-site
storage, display or parking of
three or more vehicles being
held as inventory
Automotive–Public
Parking M M M M M
Automotive–Parts Sales P P P N N
Automotive–Repair &
Modification: Major C C C N N
Automotive–Repair &
Modification: Minor M M M N N
Automotive–Vehicle
Storage M/C M/
C
M/
C
M/
C M/C
Permitted for up to one year by
minor conditional use permit,
with optional one year
extensions to permit the use for
up to five years; conditional
use permit required to permit
the use for over five years.
Automotive–Service
Stations C C C C C Subject to § 18.38.070
Automotive–Washing N C C C C
In O-L and O-H Zones, must
be accessory to an
Automotive–Service Station
use
Banquet Halls C C C C C
Bars & Nightclubs C C C C C
In O-L and O-H Zones, must
be accessory to and integrated
with an office building
6
Bed & Breakfast Inns C C C C C Subject to § 18.38.080
Billboards N N N N N
Boat & RV Sales N N C N N Subject to § 18.38.200
Business & Financial
Services P P P P P
Cemeteries N N C N N
Commercial Retail
Centers P/C P/C P/C N N
Subject to § 18.38.115;
otherwise a Conditional Use
Permit is required.
Community & Religious
Assembly C C C C C
In O-H Zone, must be clearly
accessory to and integrated
with an office building
Computer Internet &
Amusement Facilities N N N N N
Convalescent & Rest
Homes C C C N N
Convenience Stores P/C P/C P/C P/C P/C
Subject to § 18.38.110;
otherwise a Conditional Use
Permit is required. In O-L and
O-H Zones, must be clearly
accessory to and integrated
with an office building.
Dance & Fitness
Studios–Large N P P P P
In O-H Zone, must be clearly
accessory to and integrated
with an office building
Dance & Fitness
Studios–Small P P P P P
In O-H Zone, must be clearly
accessory to and integrated
with an office building,
otherwise requires a
conditional use permit
Day Care Centers C C C P/C P/C
Permitted without Conditional
Use Permit if lintegrated
within a multi- tenant office
building as an accessory use to
serve office tenants
Drive-Through
Facilities C C C C C
Permitted without a
conditional use permit as an
accessory use if in conjunction
with Business and Financial
Services as the primary use
7
Educational
Institutions–Business P/M P/M P/M P/M P/M
Institutions with ten students
or less do not require a
conditional use permit
Educational
Institutions–General N C C C C
Educational
Institutions–Tutoring P P P P P Subject to § 18.36.040.050
Entertainment Venue C C C C C
In O-L and O-H Zones, must
be clearly accessory to and
integrated with an office
building
Equipment Rental–
Large P/C P/C P/C N N
Permitted if equipment is
completely screened from
view. Conditional Use Permit
required if equipment cannot
be screened.
Equipment Rental–
Small P/C P/C P/C P/C P/C
In O-H and O-L Zones, must
be clearly accessory to and
integrated with an office
building. Conditional Use
Permit required if conducted
outdoors.
Group Care Facilities C C C C C Subject to § 18.36.040.070
Helipads N N C N N Allowed only in conjunction
with a hospital
Hospitals N N C C C
Hotels & Motels N C C N N
Markets–Large P P P N N
Markets–Small P/C P/C P/C C C
Subject to § 18.38.155,
otherwise a Conditional Use
Permit is required.
Medical & Dental
Offices P P P P P
Mortuaries N N P N N
Offices P P P P P
Personal Services–
General P/C P/C P/C P/C P/C
Laundromats are subject to
§ 18.38.150; otherwise a
Conditional Use Permit is
required. In O-L and O-H
Zones, must be clearly
accessory to and integrated
8
with an office building.
Massage subject to
§ 18.16.070.
Personal Services–
Restricted C C C C C
In O-L and O-H Zones, must
be clearly accessory to and
integrated with an office
building
Plant Nurseries N P/C P/C N N
Subject to
§§ 18.38.190, 18.38.200and 18
.38.205; otherwise a
Conditional Use Permit is
required.
Public Services C C P C C
Recreation–Billiards P/C P/C P/C P/C P/C
In O-L and O-H Zones, must
be clearly accessory to and
integrated with an office
building. Facilities with
alcohol consumption require a
Conditional Use Permit.
Subject to § 18.38.085,
otherwise a Conditional Use
Permit is required.
Recreation–Commercial
Indoor C C C C C
In O-L and O-H Zones, must
be clearly accessory to and
integrated with an office
building
Recreation–Commercial
Outdoor C C C C C
Recreation–Low-Impact C C C P P
In O-L and O-H Zones, must
be clearly accessory to and
integrated with an office
building
Recreation–Swimming
& Tennis P/C P/C P/C P/C P/C
Permitted without Conditional
Use Permit when conducted
completely indoors
Repair Services–
General P N P N N
Repair Services–
Limited P P P C C
In O-L and O-H Zones, must
be clearly accessory to and
integrated with an office
building
9
Research &
Development N P P P P
Restaurants–Full
Service P P P C C
Restaurants–General P P P C C
Restaurants–Outdoor
Dining P P P P P Subject to § 18.38.220
Retail Sales–General P P P P P
Retail Sales–Kiosks M M M M M
Retail Sales–Outdoor C C C N N Subject to § 18.38.190 and
§ 18.38.200
Retail Sales–Used
Merchandise P P P N N
Room & Board N N C N N
Self-Storage N N C N N Subject to City Council Policy
No. 7.2
Sex-Oriented
Businesses N N P N N Subject to Chapter 18.54
Smoking Lounge P/C P/C P/C N N
Subject to § 18.16.080;
otherwise a Conditional Use
Permit is required.
Studios–Broadcasting P/C P/C P/C P/C P/C
Permitted without a
Conditional Use Permit if there
is no live audience.
Studios–Recording N N P C C
In O-L and O-H Zones, must
be clearly accessory to and
integrated with an office
building
Transit Facilities C C C C C
Utilities–Major C C C N C
Utilities–Minor P P P P P
Pay phones are permitted by
right in all zones if located on
the interior of a building or
attached to the exterior within
10 feet of the main building’s
entrance
Veterinary Services P/C P/C P/C N N
Subject to § 18.38.270;
otherwise a Conditional Use
Permit is required.
10
Wholesaling N C C N N Shall be accessory to a Retail
Sales use
Wine Bars C C C C C
SECTION 2. That Section 18.38.125 (Residential Use of Motels, Commercial and Office
Structures) be added to Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the
Anaheim Municipal Code to read in full as follows:
18.38.215 RESIDENTIAL USE OF MOTELS, COMMERCIAL AND OFFICE
STRUCTURES
.010 Purpose. The purpose of this Section is to facilitate the conversion of existing motels,
and other commercial and office structures, to Supportive, Transitional and Multiple-Family
Housing for low-income persons.
.020 Sunset Provisions. The following sunset provisions shall apply to all applications subject
to this section.
.0201 Expiration. The provisions of this Section 18.38.215 shall be inoperative, null and
void three (3) years from the effective date of this Section or upon satisfaction of the maximum
number of units dedicated to conversions of structures for residential use as Supportive Housing
as prescribed in 18.38.215.040 below, whichever occurs first. The City Council shall have the
authority to grant extensions to the expiration date.
.0202 Exceptions. Applications submitted prior to the expiration date of this section and that
have not been given a public hearing prior to the expiration date shall be allowed be processed in
accordance with this section. This exception shall not apply if the maximum number of
dedicated to conversions for residential use as Supportive Housing, as prescribed in
18.38.215.040 below, is satisfied prior to the expiration date.
.030 Permitted Zone. The conversion of a structure to a residential use shall only be allowed
within the "C-G" General Commercial Zone, subject to the granting of a conditional use permit.
.040 Maximum number of Supportive Housing units. Implementation of this Section
18.38.215 shall be limited to a maximum of three-hundred and three (303) Supportive Housing
units citywide.
.0401 Location and Distribution. The location and distribution of the Supportive Housing
units shall be determined on a project-by-project basis by the City Council through a
memorandum of understanding between the applicant and the City to ensure the equitable and
appropriate distribution of units throughout the city in relation to other forms of Transitional
Housing, Supportive Housing, Emergency Shelters and services offered to the intended target
population of this Section 18.38.215. The applicant shall enter into the memorandum of
understanding with the City prior to the Planning Commission’s review of the conditional use
permit application.
11
.0402 Exceptions. If the City receives an application that brings the total number of
Supportive Housing Units from a number below the maximum of three-hundred and three (303)
Supportive Housing units citywide to a number of units above this threshold, that application
will be considered for the full number of units proposed, subject to approval of the memorandum
of understanding by the City Council and a conditional use permit by the Planning Commission.
.050 Residential Density. The conversion of a structure to a residential use shall not be subject
to any other otherwise applicable General Plan or zoning density requirements. In lieu of
dwelling units per acre, a minimum of seven (7) residents and a maximum of one hundred (100)
residents per acre shall be allowed.
.060 Design Review. Conversions shall conform to the City of Anaheim Affordable Housing
Development Residential Design Guidelines.
.0601. Procedure. Applicants of proposed conversions for residential uses shall submit plans
to the Planning and Building Department and Community and Economic Development
Department for design review.
.01 Both Departments will review project design, and seek to ensure compatibility of the
conversion project to the existing neighborhood scale and character, and a high level of livability
for residents, consistent with the General Plan Community Design Element.
.02 Both Departments will make a recommendation regarding project design to the
Planning Commission, for consideration in connection with the Commission's decision on the
conditional use permit.
.070 Supportive Housing Units. As a condition of the approval of any conditional use permit
to allow conversions of hotels, and other commercial and office structures, for residential uses,
and prior to issuance of building permits for projects, the property owner(s) shall agree to the
following:
.0701 Small Projects. For projects with seventy (70) total units or less, the number of units
dedicated as Supportive Housing (as defined in subdivision (b) of Section 50675.14 of the Health
and Safety Code) shall be fifty percent (50%) or more of the total units and offered to persons
with incomes of up to sixty percent (60%) of area median income.
.0702 Large Projects. For projects with more than seventy (70) total units, the number of
units dedicated as Supportive Housing (as defined in subdivision (b) of Section 50675.14 of the
Health and Safety Code) shall be established and approved by the Community and Economic
Development Department.
.0703 Affordability Mix. The affordability targeting/mix for all projects shall be dictated by
the affordable housing funding program requirements and approved by the Community and
Economic Development Department pursuant to a written agreement and the affordability
covenants required in subsection 18.38.215.090.
12
.01 The term “Extremely Low Income Households,” as used in this section shall mean
households having an income not exceeding thirty percent (30%) of the median family income,
adjusted for family size.
.02 The term “Very Low Income Households,” as used in this section shall mean
households having an income not exceeding fifty percent (50%) of the median family income,
adjusted for family size.
.03 The term “Low Income Households,” as used in this section shall mean households
having an income not exceeding sixty percent (60%) of the median family income, adjusted for
family size.
.080 Transitional Housing and Multiple-Family Housing. Conversions of motel, office and
commercial structures to Transitional Housing and Multiple-Family Housing shall only be
allowed when in conjunction with Supportive Housing in accordance Section 18.38.215.070.
Projects with only Transitional Housing and/or Multiple-Family Housing without Supportive
Housing shall be prohibited.
.090 Maximum Rents. Affordable maximum rents shall be determined by the applicable
affordable housing funding programs. To the extent of an inconsistency between or among the
funding programs relating to affordable rent and other covenants or agreements applicable to the
Project, the most restrictive covenants or agreement regarding the affordable rent for the housing
units in the project shall prevail.
.100 Affordability Covenants. The property owner(s) shall be required to execute and record
affordability covenants with the City of Anaheim, agreeing to the requirements of this
section. The covenants shall be acceptable to, and approved by, the Community and Economic
Development Department and the City Attorney's Office, and shall include, but need not be
limited to, the following provisions:
.1001 Identification of the affordable units.
.1002 The initial rent for each unit.
.1003 The method of calculating periodic rental increases.
.1004 A minimum term of thirty (30) years on the control of rent for the housing units or
other specified term as may be required as a result of project funding.
.1005 The right of the Community and Economic Development Department to supply, or
otherwise approve, the qualifications of the low income households who will rent the housing
units.
.1006 Any density bonus for which a developer may otherwise apply pursuant to Section
65915 of the California Government Code shall not be pursued in combination with the
provisions of Section 18.38.215.
13
.110 Wrap-Around Supportive Services. Any proposal for conversion of a structure to a
residential use shall be required to ensure appropriate on-site provisions of Wrap-Around
Supportive Services (as defined in 18.38.100.1001) for the residents.
.1101 The term “Wrap-Around Supportive Services” shall mean a holistic program of
support services provided as an ancillary use to Transitional and Supportive Housing to stabilize
an individual or a family. The services can be provided in a collaborative manner by a number of
organizations and commonly include services related to mental health, counseling, medical care,
drug rehabilitation, parenting, budgeting and life skills, and educational and job training.
.1102 A minimum caseload of one (1) full-time employee per twenty (20) residents shall be
provided.
.1103 Supervision by case managers shall be detailed as part of the project’s operations plan
and subject to the approval of the Community and Economic Development Department.
.1104 The standards are a minimum level of services and additional hours of service and
enhanced levels of service are encouraged beyond these requirements.
.120 Anaheim Preference. Offering and maintaining an Anaheim preference is a priority for
the City. The following provisions shall apply to projects for conversion to residential uses under
Section 18.38.215:
.1201 At a minimum, for the purposes of admissions into an affordable unit within a
conversion project, an Anaheim preference shall apply to the greater of a proportionate share of
housing units at the site when there is a combination of funding sources, such as County
sponsored funds.
.1202 When Anaheim funding is the only or primary source of gap funding, a live/work
preference shall apply to all assisted units. An applicant may qualify for an Anaheim preference
if they live or work in Anaheim at the time of application.
.1203 For applicants who are homeless at the time of application, an Anaheim preference
may be granted if the applicant can demonstrate a connection to Anaheim as outlined in
admissions guidelines established for the Anaheim Housing Choice Voucher (HCV) Program.
.1204 For the purposes of this section, the application process begins upon receipt of a
referral to an open unit, which includes an imminent opening at the property that an applicant is
considering. An applicant must be able to demonstrate an Anaheim connection in order to be
eligible for a preference at the time of referral.
.130. Marketing Plan. Applicants shall comply with an affirmative marketing plan approved
by Community and Economic Development Department. The marketing plan shall include the
following:
.1301 Methods for informing the public and potential tenants about the federal fair housing
laws.
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.1302 Procedures to inform and solicit applications from persons in the housing market area
not likely to apply for tenancy at the housing units without special outreach.
.1303 Recordkeeping methods that will permit the Community and Economic Development
Department to evaluate the actions taken by the Property Manager to affirmatively market the
housing units at the project.
.1304 Specific procedures for marketing and releasing housing units shall be approved by
the Community and Economic Development Department.
.140 Occupancy Limits. The maximum occupancy of the housing units in a project shall
conform to the following provisions:
.1401 For studio units, the maximum occupancy shall not exceed one (1) person.
.1402 For one (1) bedroom units, the maximum occupancy shall not exceed three (3)
persons.
.1403 If needed, as a reasonable accommodation and subject to on-site management
approval, one additional person may be allowed to be part of the household. The conditions for
such expectations shall be further defined in the property’s Marketing and Tenant Selection plan.
.150 Development Standards. The conversion of a structure to a residential use shall comply
with the development standards in Table 38-A.
.1501 Development standards related to the existing lots and building footprints, including
lot width, structural setbacks, structural height, site coverage, and lot area, shall not apply.
.1502 With the exception of 18.38.215.140.1401 and Table 38-A, all other development
standards of the underlying zone shall apply.
.160 Required Finding of Accessibility to Services. Any proposal for conversion of a
structure to a residential use shall include adequate consideration and information as to the
Table 38-A: Development Standards
Minimum Floor Area Studio units: 275 square feet
One-bedroom units: 400 square feet
Minimum Size of
Recreational-Leisure Areas
200 square feet for each dwelling unit including indoor and
outdoor common areas; a common kitchen/ dining area shall
be included as part of this requirement
Storage Areas
General storage cabinets with a minimum size of 100 cubic
feet capacity shall be required for each dwelling unit, and may
be provided adjacent to private recreational-leisure areas or
located in close proximity to the unit
Parking and Loading Parking demand study
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location of the site in relation to the proximity and accessibility to necessary services, including
grocery stores (ideally within one mile), transit stops (ideally within half mile), and medical
facilities (ideally within one mile).
.1601 Prior to approving a conditional use permit for conversion of a structure to a
residential use, and in addition to the findings otherwise required for a conditional use permit,
the approving body shall find that the evidence presented shows that the project is reasonably
accessible to the services identified in this subsection.
.170 Exterior Lighting. Exterior lighting plans shall be provided for the entire outdoor area of
the site and shall be subject to review and approval by the Planning and Building and Police
Departments.
.180 Facility Management Plan. A facility management plan shall be submitted for review
and approval by the Planning and Building Director, Community and Economic Development
Director and Police Chief, or their designee, prior to the operation of the residential use. The
management plan may be required to address additional specific needs and shall remain active
throughout the life of the use. The management plan shall include, at a minimum, the following:
.1801 A detailed plan and strategy for the long term operation, maintenance, repair,
security, social/supportive services, marketing of the project, method of selection of tenants,
rules and regulations for tenants, and other rental and operational policies for the project.
.1802 Measures regarding off-site controls to minimize the congregation of clients in the
vicinity of the use.
.1803 A system for monitoring of outdoor areas to minimize disruption to nearby land uses.
.190 Parking Management Plan. A parking management plan shall be provided for approval
by the Community and Economic Development Director and shall include the following:
.1901 Parking spaces shall be made available for tenants of the housing units, their guests
and employees in accordance with the Municipal Code requirements and as stipulated in the
approved parking management plan.
.1902 The parking management plan shall include a map depicting open and reserved
parking spaces, and procedures for removal of inoperable vehicles.
.200 Communications Plan. A Communication and Outreach Plan shall be developed, subject
to approval by the Community and Economic Development Director, to maintain good
communication and response to operational issues which may arise from the neighborhood, City
staff, or the general public.
SECTION 4. 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
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invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 5. 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 6. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the ____ day of ______________, 201 9, and thereafter
passed and adopted at a regular meeting of said City Council held on the ____ day of
______________, 2019, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
ATTACHMENT NO. 2
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.