PC 2019/11/13
City of Anaheim
Planning Commission
Agenda
Wednesday, November 13, 2019
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chairperson: Michelle Lieberman
• Chairperson Pro-Tempore: Kimberly Keys
• Commissioners: John Armstrong, Natalie Meeks, Rosa Mulleady,
Dave Vadodaria, Steve White
• Call To Order - 5:00 p.m.
• Pledge Of Allegiance
• Public Comments
• Public Hearing Items
• Commission Updates
• Discussion
• Adjournment
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning and Building
Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report
is also available on the City of Anaheim website www.anaheim.net/planning on Thursday,
November 7, 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
11-13-2019
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.
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.
11-13-2019
Page 3 of 5
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2019-06038
(DEV2019-00138)
Location: 721 South Anaheim Boulevard
Request: The applicant requests approval of a
conditional use permit to allow the on-site sale and
consumption of beer, wine, and distilled spirits (Type 51
ABC License) for an existing private fraternal lodge to
members and their guests (Moose Lodge).
Environmental Determination: The Planning
Commission will consider whether the proposed action is
Categorically Exempt from the requirements to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15301, Class 1 (Existing Facilities).
Request for continuance
to December 9, 2019
Project Planner:
Lucita Tong
LTong@anaheim.net
ITEM NO. 3
DEVELOPMENT AGREEMENT NO. 2016-00001A
(DEV2015-00120A)
Location: 1700 South Harbor Boulevard
Request: A request to amend the Development
Agreement between the City of Anaheim and Good
Hope International for the 1700 S. Harbor Boulevard
Hotel Project to extend the term of the agreement by an
additional five years.
Environmental Determination: The Planning
Commission will consider whether the previously-
certified Final Environmental Impact Report No. 311
(FEIR 311) and Supplemental Environmental Impact
Report No. 340 (SEIR 340) and subsequent addendum
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
11-13-2019
Page 4 of 5
ITEM NO. 4
ZONING CODE AMENDMENT NO. 2019-00162
(DEV2019-00061)
Location: Citywide
Request: A City-initiated amendment to Title 18
(Zoning) of the Anaheim Municipal Code modifying
Section 18.38.125 (Emergency Shelter and Recuperative
Care/Medical Respite) of Chapter 18.38 (Supplemental
Use Regulations) to allow transitional and supportive
housing to co-locate with an Emergency Shelter, subject
to the approval of a conditional use permit.
Environmental Determination: The Planning Commission
will consider whether the proposed action is exempt from
the requirements to prepare additional environmental
documentation per California Environmental Quality Act
(CEQA) Guidelines, Section 15060(c)(2), in that the
activity will not result in a direct or reasonably
foreseeable indirect change in the environment.
This item was continued from the September 4, 2019,
September 30, 2019, and October 28, 2019 Planning
Commission meetings.
Motion
Project Planner:
Susan Kim
skim@anaheim.net
Adjourn to Monday, December 9, 2019 at 5:00 p.m.
11-13-2019
Page 5 of 5
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
1:00 p.m. November 6, 2019 (TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
The City of Anaheim wishes to make all of its public meetings and hearings accessible to all
members of the public. The City prohibits discrimination on the basis of race, color, or national origin
in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of the Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation
thereof.
Any person who requires a disability-related modification or accommodation, including auxiliary aids
or services, in order to participate in the public meeting may request such modification,
accommodation, aid or service by contacting the Planning and Building Department either in person
at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later
than 10:00 a.m. one business day preceding the scheduled meeting.
La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos
los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen
nacional en cualquier programa o actividad que reciba asistencia financiera federal.
Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos
apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de
Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y
reglamentos adoptados en aplicación del mismo.
Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios
auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación,
ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en
persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139,
antes de las 10:00 de la mañana un día habil antes de la reunión programada.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 13, 2019
SUBJECT: CONDITIONAL USE PERMIT NO. 2019-06038 AND
DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2019-00149
LOCATION: 721 South Anaheim Boulevard (Anaheim Moose Lodge No. 1853)
APPLICANT/PROPERTY OWNER: The agent is Paul Kott, representing the
applicant, Randy Ferguson with Anaheim Moose Lodge No. 1853 and the property
owner is Costa Mesa Lodge No. 29.
REQUEST: The applicant requests approval of a conditional use permit to allow the
sale and consumption of alcoholic beverages (Type 51 ABC License) in a private club
for its members and guests. The application also requires an associated determination of
public convenience or necessity (PCN) to permit the sale of beer, wine, and distilled
spirits for on-premises consumption because the property is located in a reporting district
with a crime rate above the City average.
BACKGROUND: Staff mailed out public notices for the conditional use permit request
but did not include the request for a PCN. Staff will be re-mailing updated notices to
include both requests for the December 9, 2019 meeting; therefore, a continuance to this
meeting is required.
RECOMMENDATION: Staff recommends that the Planning Commission continue the
public hearing for Conditional Use Permit No. 2019-06038 and Determination of Public
Convenience or Necessity No. PCN2019-00149 to the meeting of December 9, 2019.
Prepared by, Submitted by,
Lucita Y. Tong David See
Contract Planner Principal Planner
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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: NOVEMBER 13, 2019
SUBJECT: AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT
NO. 2016-00001
LOCATION: 1700 South Harbor Boulevard
APPLICANT/PROPERTY OWNER: The applicant and property owner is Good
Hope International, represented by Paul Sanford.
REQUEST: The applicant is requesting an amendment to Development Agreement
No. 2016-00001, in order to extend the term of the agreement by an additional five
years.
RECOMMENDATION: Staff recommends the Planning Commission adopt the
attached resolution, determining that the previously approved Environmental Impact
Report No. 311, Supplemental Environmental Impact Report No. 340, and
subsequent addendum are the appropriate environmental documentation for this
request; and, recommending City Council approval of Amendment No. 1 to
Development Agreement No. 2016-00001.
BACKGROUND: In July 2016, the City Council approved Conditional Use Permit
No. 2016-05858, Variance No. 2016-05060, Final Site Plan No. 2016-00001 and
Development Agreement 2016-00001 to permit the construction of an eight-story,
580-room hotel with accessory uses, including up to 50,000 square feet of meeting
space, up to 25,600 square feet of restaurant space, and an at-grade and subterranean
parking structure, at 1700 S. Harbor Boulevard (the “Subject Project”). The City
Council also approved an Operating Covenant Agreement (OCA) under the City’s
Hotel Incentive Policy, which the Council established to encourage the development
of American Automobile Association (AAA) rated Four- and Five-Diamond hotels.
The OCA is not under the purview of the Planning Commission.
The purpose of the Development Agreement is to “lock-in” the policies, rules, and
regulations in effect at the time of the approval, including the associated
entitlements. The Development Agreement has a five-year term and includes a
Public Improvements Commitment requiring a $100,000 payment to the City, which
the City would use at its discretion to fund certain public improvements near the
project. The Planning Commission makes a recommendation to the Council on
whether the Council should approve, or subsequently amend, the Development
Agreement. The City Council approves the Development Agreement, and any
amendments, through the adoption of an ordinance.
DEVELOPMENT AGREEMENT NO. 2016-00001
November 13, 2019
Page 2 of 3
In addition to the approvals for the Subject Project, the applicant simultaneously processed
entitlements, including an OCA and Development Agreement, for the Westin Anaheim Resort
(the “Westin”), located at 1030 West Katella Avenue. The Westin is currently under construction
and expected to open in summer of 2020.
Subsequent to City Council approval, the Development Agreements for both the Subject Project
and the Westin were the subject of separate referenda. Both referenda qualified, as Measures J
and K respectively, on the November 2018 municipal general election ballot. Both measures were
defeated, which meant that the majority of voters supported the City Council’s approval of the
Development Agreements. Because of the Measure J referendum, the Development Agreement
for the Subject Project went into effect on December 14, 2018. The current five-year term of the
Development Agreement expires on December 14, 2023.
The City and the applicant entered into the Development Agreements for both projects with the
understanding that the applicant would develop the Subject Project before the Westin. The
Development Agreements set performance deadlines more than two years earlier for the Subject
Project than for the Westin. Due to the uncertainty created by the referenda, the applicant made
the decision to postpone the Subject Project and move forward with the Westin. As explained in
the attached letter from the applicant, that decision was in part due to the Westin’s inherent
complexity involving phased construction, a land acquisition, parking easement, and public street
improvements. Additionally, the City and the applicant deemed the Westin to be of greater value
to the City, due to its location next to the Anaheim Convention Center, supporting The Anaheim
Resort as a convention destination and the City’s ability to appeal to larger, more lucrative
conventions.
In addition to the Measures J and K referenda, the November 2018 ballot also contained Measure
L, which the voters approved. Measure L changed the economic model on which the Subject
Project and the Westin were originally based, by increasing labor costs at hotels that have tax
rebate agreements with the City. As described below and in the attached Letter of Request, this
change was an additional impact on the applicant’s anticipated timeline for the Subject Project.
PROPOSAL: The applicant proposes an amendment to Development Agreement No. 2016-
00001, to extend the term of the agreement by five years, to a total of ten years from the effective
date of the agreement. The amendment, if approved, would extend the term to December 14,
2028. As explained in the attached letter of request, the applicant is making this request due to
the uncertainty that resulted from the referenda discussed above and the effects of Measure L.
The five-year extension would allow the Westin to open, reach stabilization, and allow the
applicant to evaluate the impact of the new economic model imposed by the passage of Measure
L. Once that review is complete, the applicant will be able to allocate resources to complete the
Subject Project.
ANALYSIS: 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;
DEVELOPMENT AGREEMENT NO. 2016-00001
November 13, 2019
Page 3 of 3
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.
In that the proposed amendment does not change any of the land uses previously approved by the
City Council, and merely extends the term of the Development Agreement, 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. 2016-00001. 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 Environmental Impact Report No. 311, Supplemental Environmental
Impact Report No. 340, and subsequent addendum 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 uncertainty and other impacts to the Project created by
Measures J, K, and L, staff recommends approval of this request to amend Development
Agreement No. 2016-00001 to extend its term by five years to December 14, 2028.
Prepared by, Submitted by,
Elaine Thienprasiddhi Susan Kim
Senior Planner Principal Planner
Attachments:
1. Draft Resolution
2. Draft Ordinance
3. Amendment No. 1 to Development Agreement No. 2016-00001
4. Letter of Request
5. Environmental Impact Analysis
6. Development Agreement No. 2016-00001
SP 92-1
DEV 2015-00120A
THE ANAHEIM
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APN: 082-271-09
082-271-10
°0 50 100
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[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. 1 TO DEVELOPMENT AGREEMENT NO. 2016-00001 BY
AND BETWEEN THE CITY OF ANAHEIM AND GOOD HOPE
INTERNATIONAL AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEVELOPMENT AGREEMENT NO. 2016-00001)
(1700 SOUTH HARBOR BOULEVARD)
WHEREAS, the City and Good Hope International, (the “Developer”) entered into
Development Agreement No. 2016-00001 dated as of August 18, 2016, and recorded in the
Official Records of Orange County California on August 29, 2016, as Instrument No.
2016000409949 (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, on October 1, 2019, and pursuant to Section 7.5 of the Development
Agreement, Developer submitted an application to amend the Development Agreement to
extend the Term of the Development Agreement. In response to Developer's request,
Amendment No. 1 to Development Agreement No. 2016-00001 (“Amendment No. 1”) was
prepared; and
WHEREAS, pursuant to 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.
1; 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 project includes the Disneyland Resort Specific Plan, Final Environmental
Impact Report No. 311 (“FEIR No. 311”), Final Supplemental Environmental Impact Report No.
2008-00340 for Amendment No. 14 to the Anaheim Resort Specific Plan ("SEIR No. 340"), and
the Addendum to FEIR No. 311 and SEIR No. 340, dated April 2016 (the “2016 Addendum”),
copies of which are on file in the Planning Department and incorporated herein by this reference
as though fully set forth, which collectively constitute the environmental documentation under
-2- PC2019-***
and pursuant to CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual
relating to the Proposed Project and shall be referred to herein collectively as the "CEQA
Documents"; and
WHEREAS, based upon the evidence submitted and as demonstrated by the analysis
included in the CEQA Documents, the proposed amendment to the Development Agreement will
only extend the Term of the Development Agreement and will not change the land uses or
development intensity currently permitted. As such, Amendment No. 1 is a minor change to the
Development Agreement and the approval of Amendment No. 1 does not necessitate additional
environmental review because it will not result in new or substantially more severe impacts that
were not previously evaluated 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 the CEQA Documents 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 remains relevant and retains informational value as to the Proposed Project; and
WHEREAS, on November 13, 2019, 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. 1 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. 1; 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 the proposed Amendment No. 1, 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. 1 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.
-3- PC2019-***
2. The proposed Amendment No. 1 is compatible with the uses authorized in and the
regulations prescribed for the applicable zoning district in that the proposed Amendment No. 1 is
in compliance with the Disneyland Resort Specific Plan requirements.
3. The proposed Amendment No. 1 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.
4. The proposed Amendment No. 1 is not otherwise detrimental to the health and
safety of the citizens of the City of Anaheim.
5. The proposed Amendment No. 1 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. 1 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. 1 to Development Agreement No. 2016-0001, 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 the Developer’s
compliance with each and all of the conditions set forth in the Development Agreement, as
amended by Amendment No. 1. 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
November 13, 2019.
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 November 13, 2019, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of November, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-5- PC2019-***
-6- PC2019-***
LEGAL DESCRIPTION OF THE PROPERTY
REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET OF
THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT SOUTH 0° 13' 22" EAST 15.03 FEET FROM THE NORTHWEST
CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE
EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13'
22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30"
EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34
FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF
HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET;
THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE
OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID
FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET;
THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90° 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN
THAT GRANT DEED TO THE CITY OF ANAHEIM RECORDED FEBRUARY 11, 1999 AS
INSTRUMENT NO. 19990101952, OFFICIAL RECORDS OF SAID COUNTY.
-7- PC2019-***
PARCEL 2:
BEGINNING AT A POINT ON THE EASTERLY LINE OF HARBOR BOULEVARD 120.00
FEET WIDE AND 60.00 FEET SOUTH OF THE NORTHERLY LINE OF THE FOLLOWING
DESCRIBED PARCEL:
BEGINNING AT A POINT ON THE EAST LINE OF SECTION 22, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO MERIDIAN, DESIGNATED BY A STAKE
MARKED "A", 675 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 22;
THENCE NORTH 645 FEET ALONG THE EAST LINE OF SAID SECTION 22, TO A
POINT DESIGNATED BY A STAKE MARKED "B" AT THE JUNCTION OF THE EAST
LINE OF SAID SECTION 22, WITH THE SOUTH LINE OF LAND FORMERLY OWNED
BY H.D. PELHEMUS; THENCE WEST 2640 FEET PARALLEL WITH THE SOUTH LINE
OF SAID SECTION 22, AND AT A UNIFORM DISTANCE THEREFROM OF 1320 FEET
TO A POINT DESIGNATED BY A STAKE MARKED "C"; THENCE SOUTH 645 FEET
PARALLEL WITH THE EAST LINE OF SAID SECTION 22 AND AT A UNIFORM
DISTANCE THEREFROM OF 2640 FEET TO A POINT DESIGNATED BY A STAKE
MARKED "D", 675 FEET DISTANT FROM AND NORTH OF THE SOUTHWEST CORNER
OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE EAST 2640 FEET
PARALLEL WITH THE SOUTH LINE OF SAID SECTION 22 AND AT A UNIFORM
DISTANCE THEREFROM OF 675 FEET TO THE POINT OF BEGINNING. CONTINUING
SAID DESCRIPTION SOUTH 0° 13' 22" EAST 15.03 FEET ALONG THE EASTERLY LINE
OF HARBOR BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0°
13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30"
EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34
FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF
HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET;
THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE
OF THE NORTHERLY 60.00 FEET OF THE ABOVE DESCRIBED PARCEL; THENCE
ALONG THE SOUTH LINE OF SAID NORTHERLY 60.00 FEET SOUTH 89° 54' 30" WEST
134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07' 52" A LENGTH OF 23.60 FEET
TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THAT
GRANT DEED TO THE CITY OF ANAHEIM RECORDED FEBRUARY 11, 1999 AS
INSTRUMENT NO. 19990101952, OFFICIAL RECORDS OF SAID COUNTY.
-8- PC2019-***
EXHIBIT B
Amendment No. 1 to Development Agreement No. 2016-00001
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AMENDMENT NO. 1
TO THAT CERTAIN DEVELOPMENT AGREEMENT
NO. 2016-00001 BY AND BETWEEN THE CITY OF
ANAHEIM AND GOOD HOPE INTERNATIONAL, A
CALIFORNIA CORPORATION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT FOR
AND ON BEHALF OF THE CITY.
(DEV2015-00120)
(1700 SOUTH HARBOR BOULEVARD)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section
65864) of the Government Code of the State of California (herein referred to as the “Statute”)
authorizes a city to enter into a contract which is called a development agreement in order to
establish with certainty what regulations will govern the construction of a development; and
WHEREAS, the City Council of the City of Anaheim (herein referred to as the “City
Council”), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred
to as the “Enabling Ordinance”), making the City subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council
adopted Resolution No. 82R-565 on November 23, 1982 (herein referred to as the “Procedures
Resolution”), establishing procedures and requirements for consideration of development
agreements by the City upon receipt of an application therefor; and
WHEREAS, pursuant to the authority set forth in the Statute, the Enabling Ordinance and
the Procedures Resolution (herein referred to collectively as the “Development Agreement Law”)
and the City’s inherent power as a charter city, the City of Anaheim, on July 26, 2016, the City
Council of the City of Anaheim adopted Ordinance No. 6376 approving that certain Development
Agreement No. 2016-00001 dated August 18, 2016 and recorded in the Official Records of
Orange County, California on August 29, 2016 as Instrument No. 2016000409949 (the
“Development Agreement”) between the City of Anaheim and Good Hope International (the
“Developer”) with respect to the real property (“Property”) depicted and described in Exhibit A,
which is attached hereto and incorporated by this reference; and
WHEREAS, unless otherwise defined herein or in Amendment No. 1 to Development
Agreement No. 2016-00001 ("Amendment No. 1"), which is attached hereto as Exhibit B and
incorporated herein by this reference, all capitalized terms shall have the meanings ascribed to
such terms in the Development Agreement, as amended. 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
[DRAFT]ATTACHMENT NO. 2
2
WHEREAS, on October 1, 2019, and pursuant to Section 7.5 of the Development
Agreement, Developer submitted an application to amend the Development Agreement to
extend the Term of the Development Agreement. In response to Developer's request,
Amendment No. 1 was prepared; and
WHEREAS, on November 13, 2019, the Planning Commission of the City of Anaheim
(herein referred to as the "Planning Commission") conducted a public hearing for proposed
Amendment No. 1 at the Civic Center in the City of Anaheim, notice of said public hearing
having been duly given as required by law and in accordance with the provisions of Chapter
18.60 of the Code, to hear and consider evidence and testimony for and against proposed
Amendment No. 1 and concerning all of the prior environmental documentation including the
Disneyland Resort Specific Plan , Final Environmental Impact Report No. 311 (“FEIR No. 311”),
Final Supplemental Environmental Impact Report No. 2008-00340 for Amendment No. 14 to the
Anaheim Resort Specific Plan ("SEIR No. 340"), and the Addendum to FEIR No. 311 and SEIR
No. 340, dated April 2016 (herein referred to as the "Addendum), copies of which are on file in
the Planning Department and incorporated herein by this reference as though fully set forth,
which collectively constitute the environmental documentation under and pursuant to CEQA, the
CEQA Guidelines, and the City's Local CEQA Procedure Manual relating to the proposed
amendment and shall be referred to herein collectively as the "CEQA Documents"; and
WHEREAS, by the adoption of its Resolution No. PC2019-____ on November 13, 2019,
which is incorporated herein by this reference, the Planning Commission recommended that the
City Council approve Amendment No. 1, and made certain findings that Amendment No. 1 in
the form presented at this meeting meets all of the requirements set forth in the Development
Agreement Law; and
WHEREAS, upon receipt of said Resolution No. PC2019-___, summary of evidence,
report of findings and recommendations of the Planning Commission, the City Council did fix
the ___ day of ____, 2019, as the time, and the City Council Chamber in the Civic Center, as the
place, for a public hearing on proposed Amendment No. 1 and for the purpose of considering the
CEQA Documents, and did give notice thereof in the manner and as provided by law; and
WHEREAS, by the adoption of a resolution concurrently with but prior in time to the
introduction of this Ordinance and pursuant to the provisions of the California Environmental
Quality Act (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, this City Council, as the "lead
agency" under CEQA, has found and determined, based upon a thorough review of proposed
Amendment No. 1, and the CEQA Documents, that (i) the CEQA Documents serve as the
appropriate environmental documentation for proposed Amendment No. 1 and satisfy all the
requirements of CEQA; (ii) none of the conditions described in Section 15162 of the CEQA
Guidelines calling for the preparation of a subsequent or supplemental EIR or Negative
Declaration have occurred in connection with proposed Amendment No. 1; and (iii) no further
environmental documentation needs to be prepared under CEQA for Amendment No. 1; and
3
WHEREAS, Amendment No. 1 will only extend the Term of the Development
Agreement and will not change the land uses or development intensity currently permitted. As
such, Amendment No. 1 is a minor change to the Development Agreement and the approval of
Amendment No. 1 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 of the previously-approved CEQA Documents; and
WHEREAS, this City Council, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of and based upon all of the evidence and
reports offered at said hearing, including the evidence presented at the Planning Commission
meeting and Planning Commission Resolution No. PC2019-___, does find upon review of the
land use aspects of Amendment No. 1, as follows:
1. That proposed Amendment No. 1 is consistent with the City’s General Plan and
with the goals, policies and objectives set forth in the General Plan;
2. That proposed Amendment No.1 is compatible with the uses authorized in and the
regulations prescribed for the applicable zoning district;
3. The proposed Amendment No. 1 is compatible with the orderly development of
property in the surrounding;
4. The proposed Amendment No. 1 is not otherwise detrimental to the health and
safety of the citizens of the City of Anaheim;
5. The approval of the Amendment No. 1 constitutes a lawful, present exercise of
the City’s police power and authority under, is entered into pursuant to, and is in compliance
with the City’s charter powers and the requirements of the Development Agreement Law.
4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Amendment No. 1 to Development Agreement No. 2016-00001, in the form
presented at this meeting be, and the same is hereby, approved.
SECTION 2.
That the Mayor is hereby authorized to execute and the City Clerk is hereby authorized to
attest said Amendment No. 1 for and on behalf of the City.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the ___day of _________, 2019, 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
135157 /LM
LEGAL DESCRIPTION OF THE PROPERTY
REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET OF
THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT SOUTH 0° 13' 22" EAST 15.03 FEET FROM THE NORTHWEST
CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE
EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13'
22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30"
EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34
FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF
HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET;
THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE
OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID
FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET;
THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90° 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN
THAT GRANT DEED TO THE CITY OF ANAHEIM RECORDED FEBRUARY 11, 1999 AS
INSTRUMENT NO. 19990101952, OFFICIAL RECORDS OF SAID COUNTY.
PARCEL 2:
BEGINNING AT A POINT ON THE EASTERLY LINE OF HARBOR BOULEVARD 120.00
FEET WIDE AND 60.00 FEET SOUTH OF THE NORTHERLY LINE OF THE FOLLOWING
DESCRIBED PARCEL:
BEGINNING AT A POINT ON THE EAST LINE OF SECTION 22, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO MERIDIAN, DESIGNATED BY A STAKE
MARKED "A", 675 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 22;
THENCE NORTH 645 FEET ALONG THE EAST LINE OF SAID SECTION 22, TO A
POINT DESIGNATED BY A STAKE MARKED "B" AT THE JUNCTION OF THE EAST
LINE OF SAID SECTION 22, WITH THE SOUTH LINE OF LAND FORMERLY OWNED
BY H.D. PELHEMUS; THENCE WEST 2640 FEET PARALLEL WITH THE SOUTH LINE
OF SAID SECTION 22, AND AT A UNIFORM DISTANCE THEREFROM OF 1320 FEET
TO A POINT DESIGNATED BY A STAKE MARKED "C"; THENCE SOUTH 645 FEET
PARALLEL WITH THE EAST LINE OF SAID SECTION 22 AND AT A UNIFORM
DISTANCE THEREFROM OF 2640 FEET TO A POINT DESIGNATED BY A STAKE
MARKED "D", 675 FEET DISTANT FROM AND NORTH OF THE SOUTHWEST CORNER
OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE EAST 2640 FEET
PARALLEL WITH THE SOUTH LINE OF SAID SECTION 22 AND AT A UNIFORM
DISTANCE THEREFROM OF 675 FEET TO THE POINT OF BEGINNING. CONTINUING
SAID DESCRIPTION SOUTH 0° 13' 22" EAST 15.03 FEET ALONG THE EASTERLY LINE
OF HARBOR BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0°
13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30"
EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34
FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF
HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET;
THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE
OF THE NORTHERLY 60.00 FEET OF THE ABOVE DESCRIBED PARCEL; THENCE
ALONG THE SOUTH LINE OF SAID NORTHERLY 60.00 FEET SOUTH 89° 54' 30" WEST
134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07' 52" A LENGTH OF 23.60 FEET
TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THAT
GRANT DEED TO THE CITY OF ANAHEIM RECORDED FEBRUARY 11, 1999 AS
INSTRUMENT NO. 19990101952, OFFICIAL RECORDS OF SAID COUNTY.
EXHIBIT “ B ”
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2016-00001
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. 1
TO
DEVELOPMENT AGREEMENT NO. 2016-00001
by and between
CITY OF ANAHEIM
and
GOOD HOPE INTERNATIONAL
ATTACHMENT NO. 3
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT
NO. 2016-00001
This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2016-00001 (this
“Amendment No. 1”) dated for purposes of identification only as of _____________ (the “Date of this
Amendment No. 1”), is made and entered into between the CITY OF ANAHEIM, a municipal
corporation and charter city (“City”), on one hand and GOOD HOPE INTERNATIONAL, a California
corporation (“Developer”), on the other hand.
RECITALS
A. The City and Developer entered into Development Agreement No. 2016-00001, dated as of
August 18, 2016 and recorded in the Official Records of Orange County, California on August
29, 2016 as Instrument No. 2016000409949 (the “Development Agreement”) with respect to the
real property (“Property”) described in the “Legal Descriptions” which are attached as Exhibit A
and incorporated by this reference.
B. In addition to the Property, the parent company of Developer is the owner of the Westin Anaheim
Resort located at 1030 W. Katella Ave. Both properties were slated for redevelopment under
Anaheim’s AAA Four Diamond Hotel Incentive Program, which was established to encourage
the development of AAA rated 4- and 5-Diamond hotels within the City’s Resort District.
C. Subsequent to City Council approval, both the Development Agreement and the development
agreement for the Westin Anaheim Resort were the subject of separate referenda. Although
Developer originally intended to redevelop the Property prior to the development of the Westin
Anaheim Resort, as a result of the referenda, Developer determined to postpone the Project and to
first move forward with the Westin Anaheim Resort project, due to its greater priority and benefit
to the City. That project is well underway and scheduled to be completed in 2020.
D. On November 8, 2018, the City’s voters voted in favor of City Measure J, reaffirming the City
Council’s approval of the Development Agreement. The Development Agreement thereafter
went into effect on December 14, 2018.
E. At the November 8, 2018 election, the voters also approved Measure L, which substantially
changed the economic model on which the proposed hotel redevelopments were based, by
significantly increasing labor costs at hotels built under public-private partnerships with the City.
F. Developer has requested an extension of the Development Agreement to allow the Westin
Anaheim Resort to open, reach stabilization, and allow ownership to evaluate the impact of the
new economic model imposed by the passage of Measure L, prior to proceeding with the Project.
Developer has thus requested the City amend the Basic Term of the Development Agreement, set
forth in Section 7.2.1 of the Development Agreement, to extend the existing term of the
Development Agreement by 5 years.
G. The City and Developer (each, a “Party” and collectively, the “Parties”) intend, in this
Amendment No. 1, to amend the Development Agreement as stated in Recital F.
H. Unless otherwise defined in this Amendment No. 1, all capitalized terms shall have the meanings
ascribed to such terms in the Development Agreement. 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.
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 Basic Term set forth
Section 7.2.1 of the Development Agreement is deleted and replaced with the following:
7.2.1 Basic Term. The Term of this Agreement shall commence on the
Effective Date of this Agreement and shall extend for a period of ten (10) years after the
Effective Date, unless extended or earlier terminated as provided herein.
SECTION 2. INTEGRATION. Except as expressly provided to the contrary herein, all provisions of
the Development Agreement, as amended, remain in full force and effect. The Development Agreement
and this Amendment No. 1 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. 1 shall take effect upon the date the
ordinance of the City Council of the City approving this Amendment No. 1 takes effect.
(Signatures shown on following page)
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT NO. 1 AS 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:
ROBERT FABELA, CITY ATTORNEY
By:
Name: Leonie Mulvihill
(Signatures continue on following page)
“DEVELOPER”
GOOD HOPE INTERNATIONAL
a California Corporation
Dated: By:
Mark Chan, Director
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of Orange )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of Orange )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
ATTACHMENT NO. 4
TECHNICAL MEMORANDUM
DATE October 15, 2019
TO City of Anaheim
CONTACT Elaine Thienprasiddhi, AICP, Senior Planner
FROM William Halligan, Esq., Managing Principal, Environmental Services
SUBJECT 1700 S. Harbor Boulevard Development Agreement Extension
PROJECT NO. DEV2015-00120A, DAG2016-00001A
Project Background
The Anaheim City Council previously approved the 1700 S. Harbor Boulevard Hotel Project (herein referred
to as the “Approved Project”) in July 2016. The Approved Project consists of a 580-room hotel with accessory
uses of up to 50,000 square feet of meeting space, up to 25,600 square feet of ancillary food and beverage
retail space, and a parking structure. In order to implement the Approved Project, a number of discretionary
approvals from the City of Anaheim were approved, including a Conditional Use Permit, Variance, Final Site
Plan, Development Agreement and Operating Covenant Agreement.
Proposed Project
The Project Applicant is seeking a five-year extension of the existing Development Agreement (No. DAG2016-
00001). No other changes to the Approved Project are proposed. This memorandum analyzes the potential
for new environmental impacts associated with the proposed extension of the Development Agreement
(“Project”).
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
ATTACHMENT NO. 5
[October 15, 2019] | Page 2
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 extend the Development Agreement (the “Project”)
is sufficiently analyzed by The Disneyland Resort Specific Plan (DRSP) EIR No. 311, the Anaheim Resort Specific
Plan (ARSP) SEIR No. 340, and the 1700 S. Harbor Boulevard Hotel Addendum to FEIR No. 311 and SEIR No.
340 dated April 2016 (“2016 Addendum”). The following pages provide a description of these documents
and their certification/approval.
In particular, the Approved Project has not changed since the 2016 Addendum. Additionally, there is no new
information of substantial importance to the Approved 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 DRSP EIR No. 311, the ARSP SEIR No. 340, and the 2016 Addendum remain relevant and retain
informational value as to the Approved Project. The proposed five-year extension of the Development
Agreement for the Approved 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 1700 S. Harbor Boulevard
Hotel Project. 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 DRSP EIR No. 311,
the ARSP SEIR No. 340, and the 2016 Addendum 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 Approved Project
Development of the Approved Project has been previously analyzed in two EIRs certified by the City, the
DRSP FEIR No. 311 and the ARSP SEIR No. 340, and the 2016 Addendum.
The Disneyland Resort Specific Plan FEIR No. 311
In June 1993, the City of Anaheim certified FEIR No. 311 for the DRSP. FEIR No. 311 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.
Anaheim Resort Specific Plan SEIR No. 340
In September 1994, the City of Anaheim certified the ARSP MEIR No. 313 (State Clearinghouse No. 91091062)
in support of the adoption of The Anaheim Resort Specific Plan No. 92-2 (Anaheim 1994c, 1994b). This MEIR
No. 313 evaluated impacts associated with the establishment and implementation of the ARSP and created
[October 15, 2019] | Page 3
a Mitigation Monitoring Program (MMP No. 85) in order to mitigate impacts associated with Specific Plan
development. Since being certified in 1994, two Validation Reports have been prepared (1999 and 2004) to
evaluate the continued relevance and accuracy of MEIR 313 and its ability to be used as a MEIR for all
projected development within the boundaries of the ARSP.
On December 18, 2012, the City of Anaheim certified SEIR No. 340, Amendment No. 14 to the SEIR No. 340
(State Clearinghouse No. 2009021036), in connection with amendments to the documents that govern and
regulate development within The Anaheim Resort area.
A Validation Report was prepared in January 2019 to verify that data in MEIR No. 313, as supplemented by
SEIR No. 340, is accurate and current to allow the continued use of the document for environmental
compliance for all projected development within the boundaries of the ARSP. The Planning Commission
approved the Validation Report in April 2019.
1700 S. Harbor Boulevard Hotel Addendum
The 1700 S. Harbor Boulevard Hotel Addendum to FEIR No. 311 and SEIR No. 340 was processed in April 2016
(“2016 Addendum”) for the construction of a 580-room hotel with accessory uses of up to 50,000 square
feet of meeting space, up to 25,600 square feet of ancillary food and beverage retail space, and a parking
structure. The Project Site is located within District A of the DRSP, which allows up to 75 hotel rooms per
acre, or 75 rooms per parcel, whichever is greater (Section 18.114.095.061). Under District A of the DRSP, a
total of 706 rooms would be allowed on the 8.8 acre Project Site without any accessory uses. Up to 20 percent
of the hotel floor area may be used for accessory hotel uses, provided that the maximum permitted hotel
density is utilized at the rate of one hotel room per 600 gross square feet of accessory use area (Section
18.114.095.060). Based on these metrics, the 1700 S. Harbor Boulevard Project would have a hotel room
equivalency of 126 hotel rooms for the accessory uses for a total of 706-room equivalent development. Both
FEIR No. 311 and SEIR No. 340 assumed the Project Site would be developed with the maximum permitted
hotel room density of 706 hotel rooms.
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. 4
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 13, 2019
SUBJECT: ZONING CODE AMENDMENT NO. 2019-00162
LOCATION: Citywide
APPLICANT: City of Anaheim
REQUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim
Municipal Code (Code) to modify Section 18.38.125 (Emergency Shelter and
Recuperative Care/Medical Respite) of Chapter 18.38 (Supplemental Use Regulations) to
allow Transitional and Supportive Housing to co-locate with an Emergency Shelter,
subject to the approval of an administrative approval in limited circumstances or approval
of a conditional use permit (CUP).
RECOMMENDATION: Staff recommends that the Planning Commission, by motion,
determine that the proposed actions are not subject to the California Environmental
Quality Act ("CEQA") pursuant to Sections 15269(c) and 15060(c)(2) of the CEQA
Guidelines; and, recommend City Council approval of Zoning Code Amendment No.
2019-00162.
BACKGROUND: In September 2017, City Council adopted Resolution No. 2018-118,
declaring a public health and safety state of emergency related to the homeless,
homelessness and homeless encampments (a “Shelter Crisis”). As part of its actions to
address this emergency, Council amended the City’s Emergency Shelter regulations to
facilitate the establishment of Emergency Shelters within Anaheim. In January 2018,
Council approved a resolution embracing the “Housing First Model,” which outlines the
necessary steps for people experiencing homelessness to move from Emergency Shelters
to longer-term housing, including Transitional and Supportive Housing, sometimes
referred to as a “continuum of care.” In June 2019, Council adopted an ordinance to
facilitate the conversion of existing motels and other commercial and office structures
within the C-G Zone to Transitional and Supportive Housing, subject to approval of a
CUP. Subsequent to the adoption of the ordinance, on August 5, 2019, Planning
Commission approved a request for a CUP to allow the conversion of an existing 70-room
motel (Econolodge) into a 70-unit Supportive Housing development.
In addition to the above actions, staff has also been in discussion with, and recently
received an application from, The Salvation Army for its “Center of Hope.” As currently
proposed, this facility would include both an Emergency Shelter and Supportive Housing
co-located together on the same property. The Anaheim Municipal Code does not
currently allow these two uses to co-locate. In order to provide the opportunity for the City
to consider the Center of Hope’s application, and/or any other similar facility, the
ZONING CODE AMENDMENT NO. 2019-000162
November 13, 2019
Page 2 of 6
Planning and Building Director gave direction to staff to prepare a draft ordinance to amend the
Zoning Code to allow the co-location of these uses.
PROPOSAL AND ANALYSIS: The proposed Code amendment would expand the City Manager’s
authority during a Shelter Crisis; clarify, simplify and streamline the requirements for an Emergency
Shelter; and, allow Transitional and Supportive Housing to co-locate with an Emergency Shelter. The
proposed amendments were identified through outreach to service providers and staff experience with
the construction and operation of the Kraemer, La Mesa, and Salvation Army Shelters.
Emergency Shelters
The proposed Code amendment would expand the City Manager’s authority during a Shelter Crisis.
Currently, the City Manager has the authority to approve the first 325 shelter beds developed in a
single Emergency Shelter or combination of Emergency Shelters during a Shelter Crisis. The City
Manager has used this authority to approve the 101-bed La Mesa Shelter and the Salvation Army’s
224-bed temporary shelter. The proposed Code amendment would expand this authority, during a
Shelter Crisis, to include approval authority over any relocation/replacement of the first 325 shelter
beds in another Emergency Shelter or combination of Emergency Shelters. The City Manager’s
approval of relocation/replacement beds would be pursuant to a written agreement with the property
owner or Emergency Shelter Operator, which would include a description of how the
relocation/replacement will be sequenced, including the date the existing beds will cease to be in use
and the date the relocated/replaced beds will be in use. In addition, the property owner or Emergency
Shelter Operator would be required to submit a detailed Operations Plan for the proposed new
location of shelter(s) which outlines the property owner’s or Emergency Shelter Operator’s plans to
comply with the required Separation, Facility, and Operations Plan requirements. In addition, the
proposed amendment also includes minor modifications to clarify, simplify and streamline the
requirements for any Emergency Shelter.
Supportive and Transitional Housing
The proposed Code amendment would allow the City Manager approval authority over the first 100
units of Supportive and Transitional Housing that are proposed to be co-located with an Emergency
Shelter during a Shelter Crisis. The City Manager’s approval would be pursuant to a written
agreement with the property owner or housing operator, which must include a detailed Operations
Plan. Following the City Manager’s approval of the agreement, the Community and Economic
Development Department would require an Affordability Covenant to be executed prior to issuance
of building permits, and approval of a Marketing and Tenant Selection Plan, prior to building
occupancy. All other Supportive and Transitional Housing proposed to be co-located with an
Emergency Shelter would be subject to the approval of a Memorandum of Understanding (MOU),
CUP, Affordability Covenant, Marketing and Tenant Selection Plan and Operations Plan. Each of
these requirements are described in detail below.
The first step in the approval process to co-locate Transitional and Supportive Housing with an
Emergency Shelter would be the approval of a Memorandum of Understanding (MOU) by the City
Council. The applicant would request an MOU by submitting a Development Application to the
Planning and Building Department. The application would include a preliminary site plan and project
description that describe the following:
ZONING CODE AMENDMENT NO. 2019-000162
November 13, 2019
Page 3 of 6
1. Target population
2. Maximum number of residents.
3. Maximum and minimum number of staff and/or volunteers that will be at the facility during
any one time during a twenty-four (24) hour period.
4. Maximum number of units
5. Maximum number of bedrooms in the proposed units
6. Size and type of common areas, including recreational/leisure areas and kitchen
facilities/dining areas.
7. Preliminary plan for funding and providing “Wrap around and Supportive Services”
Following Council’s approval of the MOU, the applicant would submit detailed plans for the CUP to
demonstrate:
1. Compliance with the development standards of the Zone in which it is located.
2. Consistency with the General Plan Community Design Element and the City of Anaheim
Affordable Housing Development Residential Design Guidelines.
The CUP application would also include a justification for the proposed project including information
and details on plans to help the Planning Commission reach the required findings for approval of the
project. Staff describes these findings later in the report.
In addition, the CUP application would also include a preliminary Operations Plan that would
describe the 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. The Operations Plan
may be required to address additional specific needs as identified by the Planning and Building
Director and Police Chief.
The preliminary Operations Plan would describe these operations to the best of the applicant’s
knowledge, at time of application. The Planning Commission would review the preliminary
Operations Plan as part of its review of the CUP. The applicant would submit a final Operations Plan
for review and approval by the Planning and Building Director and Police Chief, or their designee,
prior to issuance of building permits. The approved Operations Plan would remain active throughout
the life of the facility. Any modifications to the Operations Plan would require approval of the
Planning and Building Director and the Police Chief. At a minimum, the Operations Plan would
address the following:
1. Staffing. The Operations Plan would indicate the maximum and minimum number of staff
and/or volunteers that will be at the facility during any one time during a 24-hour period and
a justification for the proposed staffing levels. The proposed staffing would be required to
include an on-site manager and 24-hour security staffing for both on and off-site needs.
ZONING CODE AMENDMENT NO. 2019-000162
November 13, 2019
Page 4 of 6
2. Funding and Provision of Wrap-Around Supportive Services for the residents. 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.
3. Communications and Outreach. The Operations Plan would describe the efforts that the
operator will make to maintain good communication and respond to operational issues, which
may arise from the neighborhood, City staff, or the public.
4. Loitering control. The operator would describe the measures that it will implement to
minimize the congregation of residents near the facility.
5. Litter control. The operator would describe the measures that the facility will take to remove
any litter and trash attributable to the clients within the vicinity of the facility.
Once staff has deemed that the CUP application is complete, the City, acting as the Lead Agency,
would prepare any environmental documentation necessary to comply with CEQA.
Approval of the CUP would be subject to the required findings for a CUP:
1. 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;
2. 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;
3. 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
4. The granting of the conditional use permit under the conditions imposed, if any, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
The following additional findings would also be required:
1. The Supportive and/or Transitional Housing proposed meets all Code requirements; and, (1)
achieves a high level of livability for residents, (2) is designed and would be operated in such
a manner as to be compatible with surrounding uses, and (3) is consistent with the City’s
goals and policies to address homelessness and find creative housing solutions.
2. The Supportive and/or Transitional Housing proposed has living units that are of sufficient
size and design to provide a quality living environment, and the project includes common
recreation and community facilities such as, but not limited to, community rooms, community
gardens, facilities for pets, barbeque areas, and active and passive recreation areas.
3. The project site is reasonably accessible to necessary services, including grocery stores
(ideally within one mile), transit stops (ideally within half mile), and medical facilities
(ideally within one mile) and/or that shuttle service will be provided by the operator to such
services.
ZONING CODE AMENDMENT NO. 2019-000162
November 13, 2019
Page 5 of 6
If the Planning Commission cannot make these findings, the Commission could deny the project or
continue its decision to a later meeting, at which time the applicant could provide additional
information in support of the findings. The Planning Commission’s decision would be final 10 days
following the approval or denial unless otherwise appealed to the City Council.
As described above, following the approval of the CUP, and prior to issuance of building permits, the
applicant would submit the final Operations Plan for review and approval by the Planning and
Building Director and the Police Chief. In addition, prior to issuance of building permits, the property
owner would need to execute and record affordability covenants with the City of Anaheim. The
covenants would need to be acceptable to, and approved by, the Community and Economic
Development Department and the City Attorney's Office, and include, but need not be limited to, the
following provisions:
1. Identification of the affordable units.
2. The initial rent for each unit.
3. The method of calculating periodic rental increases.
4. A minimum term of 30 years on the control of rent for the housing units or other specified
term, as may be required by the project funding.
5. 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.
6. That an Anaheim preference would apply to the greater of a proportionate share of Supportive
and/or Transitional Housing units when there is a combination of funding sources for said
units, such as government-sponsored funds.
Finally, prior to occupancy of any Supportive and/or Transitional Housing Unit, the applicant would
submit a Marketing and Tenant Selection Plan to the Community and Economic Development
Department. The Plan would outline steps that the applicant would take to market housing units at
the project. Changes to the Plan would be subject to the review and approval of the Community and
Economic Development Department prior to implementation of such a change.
Planning Services Division staff has conferred with an interdepartmental team and representatives of
The Salvation Army to prepare the proposed Code amendment. Staff believes that the proposed
requirements will meet the needs of the both the applicant, staff, and the surrounding community,
while providing flexibility to scale and develop a range of Supportive and Transitional Housing that
could co-locate with an Emergency Shelter.
ZONING CODE AMENDMENT NO. 2019-000162
November 13, 2019
Page 6 of 6
ENVIRONMENTAL ANALYSIS: Staff recommends that the Planning Commission find that the
proposed ordinance is not subject to the California Environmental Quality Act (CEQA). This
determination is pursuant to Section 15269(c) and 15060(c)(2) of the CEQA Guidelines. Pursuant to
Section 15269(c) the proposed expansion of the City Manager’s approval authority relative to
Emergency Shelters, and Supportive and Transitional Housing, is necessary to provide immediate
longer-term housing solutions during the Shelter Crisis, and the time to conduct environmental review
would create a risk to public health, safety or welfare. Additionally, the proposed ordinance does not
involve any activities that either will directly or indirectly alter the environment from its base today.
The proposed amendments to Chapter18.38 (Supplemental Uses) change the approval process during
a Shelter Crisis. These changes are largely procedural and technical in nature. The anticipated result
is that an applicant for an Emergency Shelter could establish the shelter more quickly and co-locate
Transitional and Supportive Housing with an Emergency Shelter under certain circumstances, but
approval of the ordinance would not result in any direct or indirect impact to the environment.
Therefore, pursuant to Section 1506(c)(2), adoption of this ordinance is not subject to CEQA. To the
extent that an Emergency Shelter or Transitional and Supportive Housing project contemplates new
construction, this ordinance would only facilitate the use of that structure as an Emergency Shelter or
Transitional and Supportive Housing and not grant any other permissions for the construction than
would otherwise be allowed. CEQA review would occur during the processing of a Conditional Use
Permit application. Furthermore, any minor construction resulting from this ordinance would likely
be categorically exempt pursuant to State CEQA Guidelines Section 15332 (in-fill development)
and/or State CEQA Guidelines Section 15304 (minor alterations to land).
CONCLUSION: Staff recommends approval of this request, as it will allow opportunities to provide
a continuum of care for people experiencing homelessness, to co-locate on sites where the Code
currently permits Emergency Shelters.
Prepared and submitted by,
Susan Kim
Principal Planner
Attachments:
1. Draft Ordinance
2. PC Staff Report - September 4, 2019
3. PC Staff Report - September 30, 2019
4. PC Staff Report - October 28, 2019
1
REDLINED TO SHOW
REVISIONS TO CURRENT
MUNICIPAL CODE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 18.38 (SUPPLEMENTAL USE REGULATIONS)
OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL
CODE RELATING EMERGENCY SHELTERS, AND
TRANSITIONAL AND SUPPORTIVE HOUSING, AND
FINDING AND DETERMINING THAT THIS ORDINANCE IS
EXEMPT FROM THE REQUIREMENTS TO PREPARE
ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES, SECTIONS 15269(C) AND 15060(C)(2).
(ZONING CODE AMENDMENT NO. 2019-00162)
(DEV2019-00061)
WHEREAS, on September 12, 2017, City Council adopted Resolution No. 2017-140,
declaring a public health and safety state of emergency related to the homeless, homelessness and
homeless encampments. The resolution directed City staff to take action to provide needed shelter
and services for the homeless in our community, and to address unlawful activity within the City
and along the Santa Ana River Trail; and
WHEREAS, on August 14, 2018, City Council adopted Resolution No. 2018-118 declaring
a shelter crisis in accordance with Government Code Section 8698 et seq. (a “Shelter Crisis”) in
order to participate in the State’s Homeless Emergency Aid Program (HEAP) established by
Senate Bill No. 850 (2017-2018, Reg.Sess.); and
WHEREAS, in light of the adoption of Resolution Nos. 2017-140 and 2018-118, the City
Council has declared that a Shelter Crisis exists in the City of Anaheim; and
WHEREAS, Anaheim is working diligently to care for and assist its homeless population,
and has funded the opening of three homeless shelters in the past several months to meet the needs
of its homeless residents. Increasing the number of homeless residents in Anaheim, particularly
elderly residents who may be in need of medical or other care, could create a public health and
safety risk; 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
[DRAFT]ATTACHMENT NO. 1
2
WHEREAS, the City of Anaheim desires to now update and amend Section 18.38.125
(Emergency Shelters and Recuperative Care/Medical Respite) of the City’s Zoning Code to
expand the City Manager’s authority during a Shelter Crisis; clarify, simplify and streamline the
approval requirements for an Emergency Shelter; and, allow Transitional and Supportive Housing
to co-locate with an Emergency Shelter; 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”),
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 15269(c) and 15060(c)(2). Pursuant to Section 15269(c) the proposed expansion of the
City Manager’s approval authority relative to Emergency Shelters, and Supportive and
Transitional Housing, is necessary to provide immediate longer-term housing solutions during the
Shelter Crisis, and the time to conduct environmental review would create a risk to public health,
safety or welfare. Additionally, the proposed ordinance does not involve any activities that either
will directly or indirectly alter the environment from its base today. The proposed amendments to
Chapter18.38 (Supplemental Uses) change the approval process during a Shelter Crisis. These
changes are largely procedural and technical in nature. The anticipated result is that an Emergency
Shelter may be established more quickly and Transitional and Supportive Housing may be co-
located with an Emergency Shelter under certain circumstances, but approval of the ordinance
would not result in any direct or indirect impact to the environment. Therefore, pursuant to Section
1506(c)(2), adoption of this ordinance is not subject to CEQA. To the extent that an Emergency
Shelter or Transitional and Supportive Housing project contemplates new construction, this
ordinance would only facilitate the use of that structure as an Emergency Shelter or Transitional
and Supportive Housing and not grant any other permissions for the construction than would
otherwise be allowed. CEQA review would occur during the processing of a Conditional Use
Permit application. Furthermore, any minor construction resulting from this ordinance would
likely be categorically exempt pursuant to State CEQA Guidelines Section 15332 (in-fill
development) and/or State CEQA Guidelines Section 15304 (minor alterations to land).
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.
3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Section 18.38.125 (Emergency Shelters) of Chapter 18.38
(Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the
same is hereby, amended and restated to read in full as follows:
Additions to the existing requirements are in bold red. Deletions are in red strikethrough.
18.38.125 EMERGENCY SHELTERS AND RECUPERATIVE CARE/MEDICAL
RESPITE.
An Emergency Shelter, as defined in Section 50801(e) of the California Health and Safety
Code, and/or Recuperative Care/Medical Respite Uses, as defined by subsection .180 of
Section 18.36.040 (Non-residential Primary Use Classes) of Chapter 18.36(Types of Uses) of
Title 18 (Zoning) of the Anaheim Municipal Code, shall comply with all of the following
provisions:
.010 Location. An Emergency Shelter and/or Recuperative Care/Medical Respite use that
meets the Separation, Approval, Facility and Operations Plan requirements of this
Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) may locate on
any parcel:
.0101 Designated by the General Plan for Industrial land use; and,
.0102 Within the Industrial (I) Zone or Development Areas 1 and 2 of the Anaheim Canyon
Specific Plan No. 2015-01 (SP2015-01) Zone.
.0103 Supportive and Transitional Housing, as defined by subsection .070 and .080 of
Section 18.36.030 (Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of
Title 18 (Zoning) of the Anaheim Municipal Code, may be co-located with an Emergency
Shelter, subject to the requirements of subsection 18.38.125.080 (Transitional and
Supportive Housing) of this Chapter 18.38 (Supplemental Use Regulations).
.020 Separation. An Emergency Shelter and/or Recuperative Care/Medical Respite use is
prohibited on parcels that meet any of the criteria below, unless otherwise approved by through
the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits)
and subsection 18.38.125.060 (Additional Findings Required).
.0201 Parcels within 300 feet, measured from the property line, from any other Emergency
Shelter and/or Recuperative Care/Medical Respite use,
.0202 Parcels within 1000 feet, measured from the property line, from any property
designated for residential use by the Anaheim General Plan, including any mixed-use
designation that permits residential uses,
.0203 Parcels within 1000 feet, measured from the property line, from any public or private
school serving a minor population, any day-care center and any assisted-living facility.
.030 Approval. The following shall be the approval process for an Emergency Shelter and/or
Recuperative Care/Medical Respite use that meets the Location, Separation, Facility and
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Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative
Care/Medical Respite):
.0301 A single Emergency Shelter housing up to 50 occupants, a single Recuperative
Care/Medical Respite use housing up to 50 occupants, or a combination of multiple Emergency
Shelters and/or Recuperative Care/Medical Respite uses with a combined capacity not to exceed
50 occupants, shall be a permitted use.
.0302 Approval of an Emergency Shelter during a Shelter Crisis. The City Manager is
the approval authority for the The first 325 shelter beds developed in a single Emergency
Shelter or combination of Emergency Shelters following the City Council’s adoption of
Resolution No. 2018- 118 (“Shelter Crisis”).
.01 are permitted if approved by the The City Manager’s approval shall be, pursuant
to a written agreement with the property owner or Emergency Shelter Operator, which must
include a detailed Operations Plan for the proposed shelter(s).
.02 The City Manager may also approve the relocation/replacement of the first 325
shelter beds, permitted during a Shelter Crisis, in another Emergency Shelter or
combination of Emergency Shelters. The City Manager’s approval of
relocation/replacement beds shall be pursuant to a written agreement with the property
owner or Emergency Shelter Operator, which must include a description of how the
relocation/replacement will be sequenced, including the date the existing beds will cease to
be in use and the date the relocated/replaced beds will be in use. In addition, the property
owner or Emergency Shelter Operator shall submit a detailed Operations Plan for the
proposed new location of shelter(s) which outlines the property owner’s or Emergency
Shelter Operator’s plans to comply with the Separation, Facility, and Operations Plan
requirements of this Section 18.38.125.
.0303 Religious and Community Assembly Uses may establish on site Emergency Shelters
for up to 50 occupants without the need to amend an existing conditional use permit or apply for
a new conditional use permit.
.0304 Any other Emergency Shelter and/or Recuperative Care/Medical Respite use shall be
subject to approval of a Conditional Use Permit consistent with Chapter 18.66 (Conditional Use
Permits).
.0305 The Separation, Facility and Operations Plan requirements of this
Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) may be
modified through the approval of a conditional use permit consistent with Chapter
18.66(Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required).
.040 Facility. All Emergency Shelters and/or Recuperative Care/Medical Respite uses shall
comply with Title 15 (Buildings and Housing) of the Anaheim Municipal Code, and the
following requirements, which may be modified through the approval of a conditional use permit
consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060
(Additional Findings Required):
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.0401 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.
.0402 Waiting area. A client waiting area shall be provided to accommodate all potential
clients prior to and during the intake process and contain a minimum of 10 square feet per
bed provided at the facility. The waiting area may be located either inside or outside of the
facility and shall be of a sufficient size to accommodate clients of the facility. If the The
waiting area is located outside of the Emergency Shelter building, the area shall be in a
location not adjacent to the public right of way, shall be visually separated from public view by a
minimum 6-foot tall screening of mature landscaping or by a minimum 6-foot tall decorative
masonry wall, and shall provide shade and protection from the elements.
.0403 Any outdoor storage, including, but not limited to, items brought on-site by clients for
overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be
screened from public view by a minimum 6-foot tall wall screened by landscaping or by a
minimum 6-foot tall decorative masonry wall.
.0404 A minimum of one toilet shall be provided for every eight beds per gender.
.0405 A minimum of one shower shall be provided for every eight beds per gender.
.0406 A private shower and toilet facility shall be provided for each area designated for use
by individual families.
.0407.0404 Kitchen facilities and dining hall or a designated dining area shall be provided
for the preparation and serving of meals for clients and staff.
.0408.0405 The facility may provide the following services; however, these services shall be
in a designated area separate from sleeping areas:
.01 Indoor and outdoor recreation facilities.
.02 A counseling center for job placement and/or educational, legal, or mental and
physical health services.
.03 Laundry facilities to serve the clients at the shelter.
.04 Other similar facilities and services geared towards the needs of homeless clients.
.050 Operations Plan. An Operations Plan shall be submitted for review and approval by the
Planning and Building Director and Police Chief, or their designee, prior to the operation of the
Emergency Shelter, or in the case of a conditional use permit, as part of the application for said
permit. The Operations Plan may be required to address additional specific needs as identified
by the Director or Chief. The approved Operations Plan shall remain active throughout the life
of the facility. At a minimum, the Operations Plan shall contain provisions addressing the
following, which may be modified through the approval of a conditional use permit consistent
with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional
Findings Required):
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.0501 Staffing and Volunteers. The Operations Plan shall indicate the maximum and
minimum number of staff and/or volunteers that will be at the facility during any one time
during a twenty-four (24) hour period and a justification for the proposed staffing levels.
The proposed staffing shall include:
.01 24-hour security. Security staffing for both on and off-site needs.
.02 Staff and Volunteer Training. A training program shall be developed for staff
and volunteers to provide adequate knowledge and skills necessary to assist clients to
advance in the continuum of care.
.0502 Admittance and Discharge Procedures. The Operations Plan shall describe the
proposed system for daily admittance and discharge procedures. A screening program to
determine client eligibility is required. The facility shall also utilize the Orange County
region’s current Homeless Management Information System.
.0503 Communications and Outreach. The Operations Plan shall describe the efforts
that will be made by the operator to maintain good communication and respond to
operational issues, which may arise from the neighborhood, City staff, or the general
public.
.0504 Prohibition of alcohol and narcotics use. The Operations Plan shall indicate that
the facility shall prohibit alcohol and narcotics use on premises and describe the measures
that the operator will take to enforce this prohibition.
.0505 Loitering control. The Operations Plan shall describe the measures the operator
will implement to minimize the congregation of clients in the vicinity of the facility.
.0506 Litter control. The Operations Plan shall describe the measures that the facility
will take to remove any litter and trash attributable to the clients within the vicinity of the
facility.
.0501 Stays at the facility shall be provided on a first-come first-served basis. The facility
shall be open 24 hours a day; however, clients shall only be admitted to the facility only between
6:00 p.m. and 8:00 a.m. Clients must check out of the facility by 8:00 a.m. but may remain on
the premises to avail themselves of other services offered. Clients must check in daily and have
no guaranteed bed for the next night.
.0502 Maximum length of stay. A person’s maximum length of stay at the facility shall not
exceed 180 days in a 365 day period.
.0503 Alcohol and narcotics use and consumption are prohibited both within the facility and
on the property.
.0504 Staffing. A minimum of one (1) staff member per fifteen (15) beds shall be on active
duty when the facility is open.
.0505 Security and safety. Twenty-four (24) hour a day security shall be provided. Security
and safety shall be addressed for both on and off-site needs, including provisions to address the
separation of male/female sleeping areas as well as any family areas within the facility.
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.0506 Loitering control. Measures regarding off-site controls to minimize the congregation
of clients in the vicinity of the facility.
.0507 Management for outdoor areas. A system for daily admittance and discharge
procedures, including monitoring for waiting areas, shall be developed to minimize disruption to
nearby land uses.
.0508 Staff training. A staff training program shall be maintained that provide adequate
knowledge and skills necessary to assist clients in obtaining permanent shelter and income.
.0509 Communications. A communication and outreach plan shall be developed to
maintain good communication and response to operational issues which may arise from the
neighborhood, City staff, or the general public.
.0510 Client eligibility. A screening program to determine client eligibility is required. The
facility shall also utilize the Orange County region’s current Homeless Management Information
System.
.0511 Counseling services. Provision of or links to counseling services are
encouraged. Identify and describe the counseling programs to be provided as well as procedures
that will be used to refer clients to outside assistance agencies. An annual report to the City on
this activity is required.
.0512 Litter control. Litter and trash removal attributable to the clients within the vicinity
of the facility shall be provided on a continual basis.
.060 Additional Findings Required. Before the approval authority, or City Council on appeal,
may approve modifications to the requirements of this Section through the approval of a
conditional use permit consistent with Chapter 18.66 (Conditional Use Permits), it must make a
finding of fact, by resolution or written decision, that the evidence presented shows that the
following conditions exists:
.0601 That the City Council has declared that a shelter crisis exists pursuant to California
Government Code Section 8698 et seq., as the same may be amended from time to time;
.0602 That strict compliance with the requirements of this Separation, Facility and
Operation Plan requirements of this Section would prevent, hinder, or delay the City’s
participation in the Homeless Emergency Aid Program established by Senate Bill 850 (2017-
2018 Reg. Sess.) and/or the mitigation of the effects of a Shelter Crisis.
.070 Recuperative Care/Medical Respite. Recuperative Care/Medical Respite uses shall be
subject to the following requirements:
.0701 Operator. The name of the Operator of the Recuperative Care/Medical Respite use
shall be provided along with a summary of the Operator’s experience operating similar facilities.
The Operator shall comply with all State and/or Federal licensing requirements and the standards
specified in the latest version of the Standards for Recuperative Care/Medical Respite Programs,
prepared by the National Health Care for the Homeless Council. A conditional use permit shall
not be granted for a Recuperative Care/Medical Respite use without an Operator identified at the
time of application submittal.
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.0702 Operations Plan. An Operations Plan shall be submitted for review and approval by
the Planning and Building Director, or their designee, prior to the operation of the Recuperative
Care/Medical Respite facility, or in the case of a conditional use permit, as part of the application
for said permit. The Operations Plan may be required to address additional specific needs as
identified by the Director. The approved Operations Plan shall remain active throughout the life
of the facility. At a minimum, the Operations Plan shall contain provisions addressing the
following, which may be modified through the approval of a conditional use permit consistent
with Chapter 18.66 (Conditional Use Permits):
.01 Community, Government, or Licensed Medical Facility Agreement. A Memorandum
of Understanding (MOU) or other written agreement with a local area community, government,
or licensed medical facility that establishes a reciprocal relationship for referring and admitting
patients between the medical facility and the Recuperative Care/Medical Respite facility.
.02 Access to Oxygen. A description of the Recuperative Care/Medical Respite facility’s
access to oxygen and plan for providing oxygen to occupants of the facility.
.03 Staffing Levels. A detailed description of the number and type of employees and
contract staff, including on-call medical staff, of the Recuperative Care/Medical Respite facility.
.0703 Client Eligibility. The Operator shall provide short term care and case management to
individuals who are homeless or at risk of being homeless who have been referred by or
discharged from a government, community or licensed medical facility, and who are recovering
from an acute illness or injury that does not necessitate hospitalization during recovery. All
clients shall be transported to the Recuperative Care/Medical Respite use by the referring
agency, Operator or family members. No “walk-in” clients shall be accepted at the facility.
.0704 Six (6) Month Review. Recuperative Care/Medical Respite uses shall be subject to a
six (6) month review, commencing from the date of occupancy of a facility, as follows:
.01 Up to fifty (50) occupants. Facilities with up to fifty (50) occupants shall be subject to
review by the Planning and Building Director. Surrounding properties within a 500-foot radius of
the subject property shall be notified ten (10) days advance of the Planning and Building
Director’s review. Future compliance reviews may be required if significant violations are
identified. The applicant shall pay for the cost of staff’s processing of the review. The Planning
and Building Director may refer applications for facilities with up to fifty (50) occupants to the
Planning Commission in accordance with Section 18.60.080 (Planning Director Reviews).
.02 Over fifty (50) occupants. Facilities with over fifty (50) occupants shall be subject to
review by the Planning Commission. Planning and Building Department staff shall submit to the
Planning Commission a “Reports and Recommendations” (R&R) item in order to verify that an
approved Recuperative Care/Medical Respite use is operating without negative impacts to the
surrounding neighborhood. Surrounding properties within a 500-foot radius of the property shall
be notified ten (10) days in advance of the Planning Commission meeting and the applicant shall
pay for the cost of processing the R&R item. Future compliance reviews may be required if
significant violations are identified or if required by the Planning Commission. Additional
conditions of approval may be added as determined appropriate.
.080 Supportive and Transitional Housing. Supportive and Transitional Housing, as
defined by subsection .070 and .080 of Section 18.36.030 (Residential Primary Use Classes)
9
of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, may
be co-located with an Emergency Shelter subject to the requirements of this Section
18.38.125 including approval of a Memorandum of Understanding (MOU) and a
Conditional Use Permit (CUP), with the exception of a units approved during a Shelter
Crisis, as further described below.
.0801 Approval of Supportive and Transitional Housing during a Shelter Crisis. The
City Manager is the approval authority for the first 100 units of Supportive and
Transitional Housing co-located with an Emergency Shelter following the City Council’s
adoption of Resolution No. 2018-118 (“Shelter Crisis”). The City Manager’s approval shall
be pursuant to a written agreement with the property owner or housing operator, which
must include a detailed Operations Plan for the proposed housing prepared pursuant to the
requirements of paragraph 18.38.125.080.0810.
.0802 Memorandum of Understanding (MOU) Required. The permitted location and
distribution of Supportive and/or Transitional Housing units proposed to be co-located
with an Emergency Shelter, pursuant to subsection 18.38.125.080, shall be determined on a
project-by-project basis by the City Council through a MOU between the applicant and the
City to ensure the equitable and appropriate distribution of units throughout the city in
relation to other forms of housing and services offered to the intended target population.
The applicant shall enter into the MOU with the City prior to the Planning Commission’s
review of the CUP application. The applicant shall request an MOU by submitting a
Development Application to the Planning and Building Department. The application shall
include a Preliminary Site Plan and Project Description that describe the following:
.01 Target population
.02 Maximum number of residents.
.02 Maximum and minimum number of staff and/or volunteers that will be at
the facility during any one time during a twenty-four (24) hour period.
.04 Maximum number of units
.05 Maximum number of bedrooms in the proposed units
.06 Size and type of common areas, including recreational/leisure areas and
kitchen facilities/dining areas.
.07 Preliminary plan for funding and providing “Wrap around and Supportive
Services”
.0803 Conditional Use Permit Required. Following, or concurrent with, a request for
approval of an MOU for Supportive and/or Transitional Housing proposed to be co-located
with an Emergency Shelter, the property owner shall submit a Development Application
for approval of a CUP consistent with Chapter 18.66 and the requirements of this
subsection 18.38.125.080 (Transitional and Supportive Housing). The CUP will not be
reviewed by Planning Commission prior to the City Council’s approval of the MOU. The
Development Application shall include plans and documents to establish the following:
10
.01 Development Standards. Plans shall demonstrate compliance with the
underlying Zone in which the property is located. Any modification of these development
standards, including, but not limited to, parking as required by 18.42 (Parking and
Loading), shall be processed as part of the CUP and meet the findings in
18.38.125.080.0802. The applicant shall provide justification for any modification of
standards as part of the Development Application.
.02 Design Considerations. Plans shall demonstrate consistency with the General
Plan Community Design Element and the City of Anaheim Affordable Housing
Development Residential Design Guidelines.
.03 Maximum Occupancy. The CUP shall establish and memorialize the total
maximum occupancy for all staff, volunteers and residents of the Supportive and/or
Transitional Housing units.
.04 Operations Plan. The Development Application shall include a preliminary
Operations Plan prepared pursuant to the requirements of paragraph 18.38.125.080.0810.
The Planning and Building Director, and/or their designee, shall approve the final
Operations Plan prior to issuance of Building Permits.
.0804 Conditional Use Permit Findings. Approval of the CUP is subject to the required
findings pursuant to Chapter 18.66 (Conditional Use Permits), and the following findings:
.01 The Supportive and/or Transitional Housing proposed meets all of the
provisions of this section; and, (1) achieves a high level of livability for residents, (2) is
designed and would be operated in such a manner as to be compatible with surrounding
uses, and (3) is consistent with the City’s goals and policies to address homelessness and
find creative housing solutions.
.02 The Supportive and/or Transitional Housing proposed in accordance with this
section must demonstrate the living units are of sufficient size and design to provide a
quality living environment, and the project includes common recreation and community
facilities such as, but not limited to, community rooms, community gardens, facilities for
pets, barbeque areas, and active and passive recreation areas.
.03 The project site is reasonably accessible to necessary services, including
grocery stores (ideally within one mile), transit stops (ideally within half mile), and medical
facilities (ideally within one mile) and/or that shuttle service will be provided by the
operator to such services.
.0805 Affordability Covenant. Prior to issuance of building permits, the property
owner(s) shall 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:
.01 Identification of the affordable units.
.02 The initial rent for each unit.
.03 The method of calculating periodic rental increases.
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.04 A minimum term of thirty (30) years on the control of rent for the housing
units or other specified term as may be required by the project funding.
.05 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.
.0806 Affordability Mix. The affordability mix for Supportive and Transitional
Housing shall be dictated by the affordable housing funding program requirements and as
approved by the Community and Economic Development Department pursuant to a
written agreement and the affordability covenants required in subsection
18.38.125.080.0807.
.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.
.0807 Maximum Rents. 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.
.0808 Anaheim Preference. Offering and maintaining an Anaheim preference is a
priority for the City. The following provisions shall apply:
.01 At a minimum, for the purposes of admissions into a unit, an Anaheim
preference shall apply to the greater of a proportionate share of Supportive and/or
Transitional Housing units at the site when there is a combination of funding sources for
said units, such as government sponsored funds.
.02 When Anaheim funding is the only or primary source of gap funding, a
live/work preference shall apply to all assisted units.
.03 For potential residents who are homeless at the time of application, an
Anaheim preference may be granted if the individuals can demonstrate a connection to
Anaheim as outlined in admissions guidelines established for the Anaheim Housing Choice
Voucher (HCV) Program.
.04 For the purposes of this paragraph 18.38.125.080.0807, the application process
begins upon receipt of a referral to an open unit, which includes an imminent opening at
the property that an individual is considering. In order to be eligible for a preference at the
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time of referral, potential residents must be able to demonstrate an Anaheim connection in
order to be eligible for a preference at the time of referral.
.05 The Anaheim preference shall be memorialized in the Affordability Covenant.
.0809 Marketing and Tenant Selection Plan Required. Prior to occupancy of any
Supportive and/or Transitional Housing Unit, a Marketing and Tenant Selection Plan shall
be submitted to and approved by the Community and Economic Development Department.
The Plan shall outline steps to be taken to affirmatively market housing units at the
project. Procedures shall address outreach to stakeholders who interface with the target
population for this type of housing and as needed, address language issues. All
procedures must be in compliance with federal fair housing laws and include
recordkeeping methods that will permit the Community and Economic Development
Department to audit compliance in this area. Changes to the Plan are subject to the review
and approval of and must be submitted to and approved by the Community and Economic
Development Department prior to implementation of such a change.
.0810 Operations Plan. The Operations Plan shall be 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. The Operations Plan may be
required to address additional specific needs as identified by the Planning and Building
Director and the Police Chief. The approved Operations Plan shall remain active
throughout the life of the facility. Any modifications to the Operations Plan shall require
approval of the Planning and Building Director and the Police Chief. At a minimum, the
Operations Plan shall contain provisions addressing the following:
.01 Staffing. The operations plan shall indicate the maximum and minimum number
of staff and/or volunteers that will be at the facility during any one time during a twenty-
four (24) hour period and a justification for the proposed staffing levels. The proposed
staffing shall include:
a) An on-site manager. The operations plan shall include a detailed
description of the manager’s duties and responsibilities to ensure the
proper and orderly operation of the facility in a manner that serves the
needs of residents, staff, and service providers while minimizing potential
impacts on surrounding uses.
b) 24-hour security staffing for both on and off-site needs. The on-site
manager may provide the security staffing, subject to the approval of the
Police Chief.
.02 Funding and provision of Wrap-Around Supportive Services for the residents.
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,
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counseling, medical care, drug rehabilitation, parenting, budgeting and life skills, and
educational and job training.
.03 Communications and Outreach. The operations plan shall describe the efforts
that will be made by the operator to maintain good communication and respond to
operational issues, which may arise from the neighborhood, City staff, or the general
public.
.04 Loitering control. The operator shall describe the measures that it will
implement to minimize the congregation of residents near the facility.
.05 Litter control. The operator shall describe the measures that the facility will take
to remove any litter and trash attributable to the clients within the vicinity of the facility.
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the ____ day of ______________, 2019, 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:
14
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
130911v1
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: SEPTEMBER 4, 2019
SUBJECT: ZONING CODE AMENDMENT NO. 2019-00162
LOCATION: Citywide
APPLICANT: City of Anaheim
REQUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim
Municipal Code (Code) to modify Section 18.38.125 (Emergency Shelter and Recuperative
Care/Medical Respite) of Chapter 18.38 (Supplemental Use Regulations) to allow Transitional
and Supportive Housing to co-locate with an Emergency Shelter, subject to the approval of a
conditional use permit (CUP).
BACKGROUND: In September 2017, City Council adopted Resolution No. 2018-118,
declaring a public health and safety state of emergency related to the homeless, homelessness and
homeless encampments. As part of its actions to address this emergency, Council amended the
City’s Emergency Shelter regulations to facilitate the establishment of Emergency Shelters within
Anaheim. In January 2018, Council approved a resolution embracing the “Housing First Model,”
which outlines the necessary steps for people experiencing homelessness to move from
Emergency Shelters to longer-term housing, including Transitional and Supportive Housing. In
June 2019, Council adopted an ordinance to facilitate the conversion of existing motels and other
commercial and office structures within the C-G Zone to Transitional and Supportive Housing,
subject to approval of a CUP. Subsequent to the adoption of the ordinance, on August 5, 2019,
Planning Commission approved a request for a CUP to allow the conversion of an existing 70-
room motel (Econolodge) into a 70-unit Supportive Housing development.
In addition to the above actions, staff has also been in discussion with, and recently received an
application from, The Salvation Army for its “Center of Hope.” As currently proposed, this facility
would include both an Emergency Shelter and Supportive Housing co-located together on the
same property. The Anaheim Municipal Code does not currently allow these two uses to co-locate.
In order to provide the opportunity for the Center of Hope and/or any other similar facility to be
considered via a discretionary application and review process, the Planning Director gave direction
to staff to prepare a draft ordinance to amend the Zoning Code to allow the co-location of these
uses, subject to the approval of a CUP, in locations where the City would currently permit an
Emergency Shelter. Planning staff is working on a draft ordinance in cooperation with various
City departments and service providers. Staff is requesting additional time to complete its analysis
and present a draft ordinance for the Planning Commission’s consideration.
RECOMMENDATION: Staff recommends that Planning Commission continue the public
hearing for Zoning Code Amendment No. 2019-00162 to the meeting of September 30, 2019.
Prepared and submitted by,
Susan Kim
Principal Planner
ATTACHMENT NO. 2
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: SEPTEMBER 30, 2019
SUBJECT: ZONING CODE AMENDMENT NO. 2019-00162
LOCATION: Citywide
APPLICANT: City of Anaheim
REQUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim
Municipal Code (Code) to modify Section 18.38.125 (Emergency Shelter and Recuperative
Care/Medical Respite) of Chapter 18.38 (Supplemental Use Regulations) to allow Transitional
and Supportive Housing to co-locate with an Emergency Shelter, subject to the approval of a
conditional use permit (CUP).
BACKGROUND: The subject Code amendment was previously agendized for Planning
Commission consideration on September 4, 2019. Staff requested, and the Commission
granted, the continuation of the public hearing for this item to September 30, 2019.
Staff is requesting to continue the public hearing for this item an additional four weeks to the
Planning Commission meeting of October 28, 2019. Planning staff continues to work on a draft
ordinance in cooperation with various City departments and service providers. However, staff has
determined that it needs additional time for this coordination. Therefore, staff is requesting
additional time to complete its analysis and present a draft ordinance for the Planning
Commission’s consideration.
RECOMMENDATION: Staff recommends that Planning Commission continue the public
hearing for Zoning Code Amendment No. 2019-00162 to the meeting of October 28, 2019.
Prepared and submitted by,
Susan Kim
Principal Planner
Attachment:
1. September 4, 2019 Planning Commission Staff Report
ATTACHMENT NO. 3
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: OCTOBER 28, 2019
SUBJECT: ZONING CODE AMENDMENT NO. 2019-00162
LOCATION: Citywide
APPLICANT: City of Anaheim
REQUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim
Municipal Code (Code) to modify Section 18.38.125 (Emergency Shelter and
Recuperative Care/Medical Respite) of Chapter 18.38 (Supplemental Use Regulations) to
allow Transitional and Supportive Housing to co-locate with an Emergency Shelter,
subject to the approval of a conditional use permit (CUP).
BACKGROUND: The subject Code amendment was previously agendized for Planning
Commission consideration on September 4, 2019. Staff requested, and the Commission
granted, the continuation of the public hearing for this item to September 30, 2019; and,
subsequently to October 28, 2019.
Staff is requesting to continue the public hearing for this item an additional two weeks to
the Planning Commission meeting of November 13, 2019. Planning staff continues to
work on a draft ordinance in cooperation with various City departments and service
providers. However, staff has determined that it needs additional time for this
coordination. Therefore, staff is requesting additional time to complete its analysis and
present a draft ordinance for the Planning Commission’s consideration.
RECOMMENDATION: Staff recommends that Planning Commission continue the
public hearing for Zoning Code Amendment No. 2019-00162 to the meeting of November
13, 2019.
Prepared and submitted by,
Susan Kim
Principal Planner
Attachments:
1. September 4, 2019 Planning Commission Staff Report
2. September 30, 2019 Planning Commission Staff Report
ATTACHMENT NO. 4
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.