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PC 2020/05/2705-27-2020 Page 1 of 5 City of Anaheim Planning Commission Agenda Wednesday, May 27, 2020 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 Hearing Items • Commission Updates • Discussion • Adjournment SPECIAL NOTICE DURING COVID-19 PANDEMIC On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that Planning Commission members will participate in this meeting remotely. PUBLIC PARTICIPATION: Pursuant to Executive Order N-29-20 and given the current health concerns, members of the public can access the meeting live on-line, with audio and limited video, at www.anaheim.net/planning. In addition, members of the public can submit comments electronically for Planning Commission consideration by sending them to planningcommission@anaheim.net or directly to the project planner as indicated on each item below. To ensure distribution to the Planning Commission prior to consideration of the agenda, please submit comments prior to 3:00 p.m. the day of the meeting. Those comments, as well as any comments received after 3:00 p.m., will be distributed to the Planning Commission members and will be made part of the official public record of the meeting. Contact the Planning and Building Department at 714-765-5139, the project planner listed below, or planningcommission@anaheim.net with any questions. A copy of the staff report may be obtained on the City of Anaheim website www.anaheim.net/planning on Thursday, May 21, 2020, 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 by contacting the Building and Planning Department at 714-765-5139 or planningcommission@anaheim.net during regular business hours. 05-27-2020 Page 2 of 5 ACCESSIBILITY: 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, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the Building and Planning Department at 714-765-5139 or planningcommission@anaheim.net, no later than 8:00 a.m. on the day of the scheduled meeting. 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. 05-27-2020 Page 3 of 5 Public Hearing Items ITEM NO. 2 TENTATIVE PARCEL MAP NO. 2019-149 (DEV2019-00033) Location: 201 South Walnut Street Request: The applicant requests approval of a Tentative Parcel Map to establish a 2-lot single family residential subdivision. 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 15315, Class 15 (Minor Land Divisions). Resolution No. ______ Project Planner: Peter Lange PLange@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 3640C ADMINISTRATIVE ADJUSTMENT NO. 2020-00445 (DEV2020-00037) Location: 1731 West Medical Center Drive Request: The applicant requests approval of the following zoning entitlements: (i) an amendment to a conditional use permit to permit the conversion of eleven assisted living units to sixteen memory care units at an existing assisted living facility; and (ii) an administrative adjustment to permit less parking spaces than required by the Anaheim Municipal Code. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Peter Lange PLange@anaheim.net 05-27-2020 Page 4 of 5 ITEM NO. 4 ZONING CODE AMENDMENT NO. 2019-00166 (DEV2019-00110) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying Chapters 18.42 (Parking and Loading) to modify residential parking standards, and 18.92 (Definitions) to modify the definition of a “Bedroom.” 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 15061(b)(3). Motion Project Planner: Nick Taylor njtaylor@anaheim.net Adjourn to Monday, June 8, 2020 at 5:00 p.m. 05-27-2020 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 5:00 p.m. May 20, 2020 (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: MAY 27, 2020 SUBJECT: TENTATIVE PARCEL MAP NO. 2019-149 LOCATION: 201 South Walnut Street APPLICANT/PROPERTY OWNER: The applicant is Cach Nguyen of C.N. Engineers. The property owner is Khoa Ngoc Vu. REQUEST: The applicant requests approval of a Tentative Parcel Map to establish a 2-lot single family residential subdivision. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 15, Minor Land Divisions), and approving Tentative Parcel Map No. 2019-149. BACKGROUND: The 0.4-acre project parcel is developed with an existing 2,380 square foot, two-story single family home and detached two car garage. The project site has a General Plan land use designation of Low Density Residential and a zoning classification of “RS-2” Single-Family Residential. The existing single family home, which fronts on Walnut Street, is named the “James P. Fraser House”, was built in 1913 and is listed as a “Contributor” to the Anaheim Five Points Historic District. The existing single-family home may be eligible for the City’s Mills Act program. The surrounding land uses include single-family residential to the north, south, and east and the I-5 freeway to the west. PROPOSAL: The applicant proposes to subdivide the 17,175 square foot lot into two parcels, with Parcel 1 proposed as a 7,520 square foot parcel and Parcel 2 as a 9,655 square foot parcel. The existing single-family home would be retained and unaltered on Parcel 1. Parcel 2 would be a vacant lot to allow for the future construction of a single family home and garage. Per the City’s Municipal Code and State Law, accessory dwelling units (ADU) may also be constructed on both parcels in conformance with the City’s development standards for ADU’s. ANALYSIS: Before the Planning Commission may approve the tentative parcel map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed subdivision of the property, including its design and improvements, is consistent with the General Plan of the City of Anaheim. TENTATIVE PARCEL MAP NO. 2019-00149 May 27, 2020 Page 2 of 3 2) That the proposed subdivision of the property, as shown on Tentative Parcel Map No. 2019-149, including their design and improvements is consistent with the zoning and development standards of the proposed “RS-2” Single-Family Residential Zone. 3) That the site is physically suitable for the type and density of the proposed project. 4) That the design of the subdivision, as shown on Tentative Parcel Map No. 2019-149, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5) That the design of the subdivision, as shown on Tentative Parcel Map No. 2019-149 or the type of improvements is not likely to cause serious public health problems. 6) That the design of the subdivision, as shown on Tentative Parcel Map No. 2019-149, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. The proposed subdivision would create two new lots, each of which would exceed the RS-2 minimum parcel size requirement of 7,200 square feet as the proposed parcels will be 7,520 square feet (Parcel 1) and 9,655 square feet (Parcel 2). The proposed subdivision would also meet the RS-2 minimum lot width requirement of 70 feet as a lot width of 74.80 feet is proposed for Parcel 2. Development of Parcel 2 is not proposed under as a part of this application; future development will be required to adhere to the RS-2 development standards. Although the proposed exhibits illustrate a new single-family home with an attached two car garage and a detached ADU, the proposed development of Parcel 2 is shown for conceptual purposes only and will not be evaluated as a part of this tentative parcel map application. The proposed lot sizes and lot widths are compatible with the single family residential properties in the surrounding neighborhood; therefore, staff recommends approval of this application. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within the Class 15 (Minor Land Divisions, 15315) Categorical Exemption. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial uses into four or fewer parcels. This exemption applies when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available. In addition, the parcel cannot have been part of a division of a larger parcel within the previous two years, and the parcel’s average slope cannot be greater than 20 percent. The proposed project meets all of these requirements. Pursuant to Section 15300.02 (c) and 15315 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA. TENTATIVE PARCEL MAP NO. 2019-00149 May 27, 2020 Page 3 of 3 CONCLUSION: On the basis of the findings set forth in the draft resolution accompanying this report, staff recommends that the Planning Commission approve Tentative Parcel Map No. 2019-149 because the proposed subdivision is consistent with site development standards for the “RS-2” Single-Family Residential Zone, is compatible with the single-family residential uses surrounding the property, and complies with the density allowed in the Low Density Residential designation in the General Plan. Prepared by, Submitted by, Peter Lange David See Contract Planner Principal Planner Attachments: 1. Draft Tentative Parcel Map Resolution 2. Project Plans 3. Project Description RS-2DEV 2019-00033SINGLE FAMILY RESIDENCE PRINDUSTRIAL IRETAIL RS-2APTS12 DU RS-2APTS8 DU RS-2 TRIPLEX RS-2APARTMENT RS-2SINGLE FAMILY RESIDENCER S - 2 S I N G L E F A M I L Y R E S I D E N C E RS-2FOURPLEX RS-2APTS6 DU C-GRESTAURANT RS-3SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE R S - 2 S I N G L E F A M I L Y R E S I D E N C E RS-2APTS5 DU RS-2DUPLEX RS-2FOURPLEX RS-2SINGLE FAMILY RESIDENCE RS-3APTS8 DU RS-2TRIPLEX RS-2 SFR RS-2DUPLEX RS-2 SINGLE FAMILY RESIDENCE RS-2APTS6 DU R S - 2 S I N G L E F A M I L Y R E S I D E N C E RS-3SFR RS-2FOURPLEX RS-2DUPLEX RS-2APTS6 DU RS-2SFRRS-2FOURPLEX RS-2DUPLEX RS-2SFR RM-4APTS8 DU RM-4APTS6 DU RM-4 APTS6 DU RM-4APTS6 DU RM-4APTS6 DU RM-4FAY LANEAPTS8 DU RM-4APTS8 DU RM-4APTS6 DURM-4APTS6 DU PRINDUSTRIAL PRROSS PARK PRROSS PARK I SELF STORAGE FACILITYIRAILROAD I AUTO REPAIR/SERVICE RM-4APTS8 DU RM-4 APTS8 DU RM-4APTS10 DU 5 FREEW AY 5 FREE W AY W B R O A D W A Y W LINCOLN AVEW L I N C O L N A V E W LINCOLN AVE S W E S T S T S W A L N U T S T W C E N T E R S T W C H E S T N U T S T W F A Y L N S C H E R R Y S T W. S . E U C L I D S T W. BR OADWAY S . W A L N U T S T N . H A R B O R B L V D W.LINCOLN AVE W. CRESCENT AVE S . H A R B O R B L V D S . A N A H E I M B L V D W.LINCOLN AVE W. BROADWAY S . A N A H E I M B L V D 201 South Walnut Street DEV No. 2019-00033 Subject Property APN: 036-031-44 °0 50 100 Feet Aerial Photo:May 2019 5 FREEW AY 5 FREE W AY W B R O A D W A Y W LINCOLN AVE S MANCHESTER AVE W LINCOLN AVE W L I N C O L N A V E S M ANCHESTER AVE S W E S T S T S W A L N U T S T W C E N T E R S T W C H E S T N U T S T W F A Y L N S C H E R R Y S T W. S . E U C L I D S T W. BR OADWAY S . W A L N U T S T N . H A R B O R B L V D W.LINCOLN AVE W. CRESCENT AVE S . H A R B O R B L V D S . A N A H E I M B L V D W.LINCOLN AVE W. BROADWAY S . A N A H E I M B L V D 201 South Walnut Street DEV No. 2019-00033 Subject Property APN: 036-031-44 °0 50 100 Feet Aerial Photo:May 2019 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2020-*** RESOLUTION NO. PC2020-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENATIVE PARCEL MAP NO. 2019-149 (DEV2019-00033) (201 SOUTH WALNUT STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition for the approval of Tentative Parcel Map No. 2019-149 to establish a 2-lot single family residential subdivision (referred to herein as the “Proposed Project”) for that certain real property located at 201 South Walnut Street in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the 0.4-acre Property is developed with a 2,380 square foot, two-story single family home and detached two-car garage and is located in the RS-2 (Single-Family Residential) zone with a General Plan land use designation of Low Density Residential. The single family home is named as the James P. Fraser House and listed as a “Contributor” to the Anaheim Five Points Historic District; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 27, 2020 at 5:00 p.m. and notice of said public hearing have been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2020-*** WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 15 – Minor Land Divisions) which consist of the division of property in urbanized areas zoned for residential, commercial, or industrial uses into four or fewer parcels. This exemption applies when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available. In addition, the parcel cannot have been part of a division of a larger parcel within the previous two years, and the parcel’s average slope cannot be greater than 20 percent. The proposed project meets all of these requirements; therefore, pursuant to Section 15315 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the requested 2-lot single-family residential subdivision, does find and determine the following facts: 1. The proposed subdivision, including its design and improvements, and with the conditions imposed herein is consistent with the Low Density Residential land use designation in the Anaheim General Plan and the development standards in the “RS-2” Single-Family Residential Zone in that the proposed parcel map will create two parcels which are proposed as 7,520 square feet (Parcel 1) and 9,655 square feet (Parcel 2), both of which will exceed the minimum parcel size requirement for the “RS-2” Single-Family Residential Zone; 2. The site is physically suitable for the type of residential subdivision in that the lot is flat, partially developed with a single-family home, and is adequate in terms of size to accommodate the proposed subdivision per the development standards of the “RS-2” Single-Family Residential Zone; 3. The design of the subdivision, with the conditions imposed, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has been identified on the site and no environmental impacts are anticipated as part of the future development of a single-family residential use on this already developed property; 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, since any new structures and associated site improvements will be required to comply with Code requirements and conditions imposed for any future development of the site; 5. That the design of the subdivision, as shown on Tentative Parcel Map No. 2019-149 or the type of improvements is not likely to cause serious public health problems; 6. That the design of the subdivision, as shown on the Tentative Parcel Map No. 2019-149, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within proposed subdivision; and - 3 - PC2020-*** WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the Proposed Project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence and reached these findings are due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Tentative Parcel Map No. 2019-149 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Tentative Parcel Map No. 2019-149 is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfied the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 27, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2020-*** 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 May 27, 2020 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of May, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEM - 5 - PC2020-*** - 6 - PC2020-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2019-149 (DEV2019-00033) No. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 2 The following minimum clearances shall be provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxed, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. Public Utilities Water Engineering 3 No public water main or public water facilities shall be installed in private alleys or paseo areas. Public Utilities Water Engineering 4 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. Public Utilities Water Engineering PRIOR TO FINAL MAP RECORDATION 5 The legal property owner shall irrevocably offer to dedicate in a signed need to the City of Anaheim right-of-way along the Cherry Street frontage, measuring a radial distance of 50-feet to the center of the Cherry Street Cul-de-Sac. Public Works, Development Services - 7 - PC2020-*** 6 An improvement certificate shall be placed on the final map to indicate that all street improvements along the property frontage (on Cherry Street or Walnut Street, as applicable) per the latest version of the Public Works standard details at the time of construction and as approved by the City Engineer shall be constructed prior to final building and zoning inspections as directed by City Engineer for future building or grading site development plans. Public Works, Development Services 7 An improvement certificate shall be placed on the final map to indicate that all required sewer and/or storm drain improvements per the latest City requirements and standards at the time of construction and as approved by the City of Engineer shall be constructed prior to final building and zoning inspections as directed by City Engineer for future building or grading site development plans. Public Works, Development Services 8 The final map shall be submitted to the City of Anaheim, Public Works Development Services Division and to the Orange County Surveyor for technical correctness review and approval. Public Works, Development Services 9 A Monumentation bond shall be provided in an amount specified in writing by a Licensed Land Surveyor of Record. Public Works, Development Services 10 The parcel map shall comply with all applicable requirements of the Anaheim Municipal Code. Public Works, Development Services A T T A C H M E N T N O . 2 P R O P E R T Y I N F O R M A T I O N : D R A F T E R : E N G I N E E R : O W N E R / A P P L I C A N T : 4 ' 8 + 5 + 1 0 5 5 % # . ' 5 * ' ' 6 0 1 5 * ' ' 6 6 + 6 . ' & # 6 ' F O U N T A I N V A L L E Y , C A 1 0 7 3 2 L A B A T I S T A H U E L U U R E S I D E N C E 3 / 1 6 " = 1 ' - 0 " P L A N S F L O O R A - 1 M A I N 1 9 - J U L - 2 0 1 9 ANAHEIM, CA 92805 XXX S. CHERRY ST. PROPOSE MAIN RESIDENCE P R O P E R T Y I N F O R M A T I O N : D R A F T E R : E N G I N E E R : O W N E R / A P P L I C A N T : 4 ' 8 + 5 + 1 0 5 5 % # . ' 5 * ' ' 6 0 1 5 * ' ' 6 6 + 6 . ' & # 6 ' F O U N T A I N V A L L E Y , C A 1 0 7 3 2 L A B A T I S T A H U E L U U R E S I D E N C E 3 / 1 6 " = 1 ' - 0 " E L E V A T I O N S A - 2 M A I N 1 9 - J U L - 2 0 1 9 ANAHEIM, CA 92805 XXX S. CHERRY ST. PROPOSE MAIN RESIDENCE ATTACHMENT NO. 3 200 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: MAY 27, 2020 SUBJECT: CONDITIONAL USE PERMIT NO. 3640C AND ADMINISTRATIVE ADJUSTMENT NO. 2020-00445 LOCATION: 1731 West Medical Center Drive (Emerald Court) APPLICANT/PROPERTY OWNER: The applicant is Douglas Pancake of Douglas Pancake Architects. The property owner is KRC Anaheim, LP. REQUEST: The applicant requests approval of the following zoning entitlements: (i) an amendment to Conditional Use Permit 3640 to convert 11 assisted living units into 16 memory care units at an existing assisted living facility; and (ii) an administrative adjustment to permit less parking spaces than required by the Anaheim Municipal Code (“Code”). RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt under the California Environmental Quality Act (Class 1, Existing Facilities) and approve Conditional Use Permit No. 3640C and Administrative Adjustment No. 2020-00445. BACKGROUND: The 6.9-acre property consists of two parcels and is developed with an existing assisted living facility which was initially entitled in 1985 under Conditional Use Permit No. 2720. The project site is located within the “C-G” General Commercial Zone and has a General Plan land use designation of Institutional. Surrounding land uses include the SR-91 freeway to the north, medical offices to the south across Medical Center Drive, a car dealership to the east and a mobile home park to the west. The zoning entitlements for the existing assisted living facility are listed below: • Conditional Use Permit No. 2720 was approved by the Planning Commission in 1985 to permit a 179-unit senior citizen’s retirement facility with waivers of minimum number of parking spaces and maximum fence height. • Conditional Use Permit No. 3640 was approved by the Planning Commission in 1993 to permit a 16 bed expansion to the existing facility with a waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT NO. 3640C AND ADMINISTRATIVE ADJUSTMENT NO. 2020-000445 May 27, 2020 Page 2 of 4 • Conditional Use Permit No. 3640A, Variance No. 2015-05000, and Administrative Adjustment No. 2015-00367 was approved by the Planning Commission in 2015 to permit the construction of a two-story, 58-unit expansion to the existing senior and assisted living facility for a total of 252 senior units. The application also included a variance and administrative adjustment to permit fewer parking spaces and a higher floor area ratio than allowed by the Code. • Conditional Use Permit No. 3640B was approved by the Planning Commission in 2017 with a request to modify a condition of approval pertaining to vehicular gates for the senior assisted living facility. The subject condition of approval (COA No. 9) initially stated: “Gates preventing access to parking spaces on the northern portion of the site shall be removed” The language of the COA was amended to state: “Gates limiting access to the northerly parking area shall remain open between the hours of 6:00 a.m. and 5:00 p.m., daily.” PROPOSAL: The applicant proposes to convert 11 of the existing assisted living (“AL”) units to 16 memory care (“MC”) units intended for Alzheimer patients. The proposed amendment would increase the unit count to 257 residential units. The existing and proposed unit mix is detailed in the tables below: The proposed scope of work area would be located in the northwest portion of the facility and would divide individual one-bedroom AL units into two IL studio units. The scope of work also includes reconfiguring the existing kitchen and partial courtyard improvements. The existing assisted living facility contains 184 parking spaces and under the project scope, would be reduced to 183 parking spaces. EXISTING UNIT MIX AL STUDIO 16 AL ONE BEDROOM 26 AL TWO BEDROOM 4 IL STUDIO 25 IL ONE BEDROOM 154 IL TWO BEDROOM 27 TOTAL UNITS 252 PROPOSED UNIT MIX MC STUDIO 16 AL STUDIO 10 AL ONE BEDROOM 24 AL TWO BEDROOM 3 IL STUDIO 25 IL ONE BEDROOM 152 IL TWO BEDROOM 27 TOTAL UNITS 257 CONDITIONAL USE PERMIT NO. 3640C AND ADMINISTRATIVE ADJUSTMENT NO. 2020-000445 May 27, 2020 Page 3 of 4 FINDINGS AND ANALYSIS: Conditional Use Permit: An amendment to Conditional Use Permit No. 3640 is required to convert 11 assisted living units into 16 memory care units and incorporate updates to the interior common area and a new courtyard area. Before the Planning Commission may approve an amendment to a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and, 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The assisted living facility was originally approved under Conditional Use Permit No. 2720 and has been in operation since 1985. The proposed amendment would result in the conversion of 11 assisted living units into 16 memory care units with improvements to existing common area space including a dining and living area. The project also includes creating a secured outdoor courtyard. The project scope would not result in the expansion of the existing building footprint; rather, the proposed improvements would occur within the interior of the existing building footprint. By converting 11 of the assisted living units into memory care units, the overall unit count would increase from 252 units to 257 units and the on-site parking count would be reduced from 184 to 183 parking spaces. The increase in assisted living units would not result in an increase of traffic or parking impacts as the memory care units would be for Alzheimer patients who do not operate their own vehicles, and the total number of staff would not increase to accommodate the additional units. Administrative Adjustment: The applicant requests approval of an administrative adjustment to allow for fewer parking spaces than required by the Code. The Planning Director has review authority over Administrative Adjustments, but may refer an application to the Planning Commission for review. Since the Conditional Use Permit Amendment must be approved by the Planning Commission, the Planning Director has referred the Administrative Adjustment to the Commission to provide a comprehensive evaluation of the project and to make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The adjustment is consistent with the purposes and intent of the Zoning Code; CONDITIONAL USE PERMIT NO. 3640C AND ADMINISTRATIVE ADJUSTMENT NO. 2020-000445 May 27, 2020 Page 4 of 4 2) The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; 3) The adjustment will not produce a result that is out of character or detrimental to the neighborhood. The existing assisted living facility requires 206 parking spaces (0.8 spaces per bed) and the applicant requests a deviation to provide 183 parking spaces. The administrative adjustment allows for a 20 percent deviation in terms of a reduced percentage of required number of parking spaces. Based on the proposed 257 unit count and utilizing the 20 percent parking reduction in conjunction with 0.8 parking space requirement, a minimum of 165 parking spaces would be allowed under the administrative adjustment and 183 parking spaces are proposed. The proposed project would not increase the parking demand since the number of employees would not increase, the tenants in the memory care units would not operate their own vehicles, and there is a surplus of parking spaces based on prior analysis conducted by staff. As such ,the proposed parking deviation would not have an adverse impact on the project site or surrounding neighborhood; therefore, staff recommends approval of the requested administrative adjustment. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within the Class 1 (Existing Facilities) Categorical Exemption. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination. The proposed project is a request to convert eleven assisted living units into sixteen memory care units at an existing assisted living facility. No expansion of the building is proposed. As such, the proposed project meets the criteria for a Class 1 categorical exemption. Pursuant to Section 15300.02 (c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA. CONCLUSION: Staff believes that granting the CUP amendment to convert 11 assisted living units into 16 memory care units would not result in an expansion of the existing footprint of the facility as the scope of work would occur within the interior of the facility. In addition, the request to permit 183 parking spaces where 206 spaces are required would not create an impact on surrounding properties as the facility has a surplus of parking spaces and the tenants of the memory care units would not operate their own vehicles. Therefore, staff recommends approval of Conditional Use Permit No. 3640C and Administrative Adjustment No. 2020-00445. Prepared by, Submitted by, Peter Lange David See Contract Planner Principal Planner Attachments: 1. Draft Resolution 2. Project Plans 3. Letter of Request 4. ECMC Conversion and Compliant Parking C-GDEV 2020-00037EMERALD COURTRETIREMENT FACILITY191 DU C-GAUTO DEALERSHIP T (MHP)ANAHEIM SHORESMOBILE ESTATES264 UNITS C-GMEDICAL OFFICE C-GMEDICAL OFFICE C-GMEDICAL OFFICE C-GMEDICAL OFFICE C-GMEDICAL OFFICE C-GAUTODEALERSHIP C-GAUTO DEALERSHIP 91 FREEWAY 91 FREEWAY W MEDICAL CENTER DR S N U G H A R B O R D R W. LA PALMA AVE N . B R O O K H U R S T S T N . H A R B O R B L V D 1731 West Medical Center Drive DEV No. 2020-00037 Subject Property APN: 072-150-76072-150-72 °0 50 100 Feet Aerial Photo:May 2019 FULLERTON 91 FREEWAY 91 FREEWAY W MEDICAL CENTER DR S N U G H A R B O R D R W. LA PALMA AVE N . B R O O K H U R S T S T N . H A R B O R B L V D 1731 West Medical Center Drive DEV No. 2020-00037 Subject Property APN: 072-150-76072-150-72 °0 50 100 Feet Aerial Photo:May 2019 FULLERTON [DRAFT] ATTACHMENT NO. 1 - 1 - PC2020-*** RESOLUTION NO. PC2020-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3640 AND ADMINISTRATIVE ADJUSTMENT NO. 2020-00445 (DEV2020-00037) (1731 WEST MEDICAL CENTER DRIVE) WHEREAS, on September 30, 1985, the Planning Commission adopted Resolution No. PC85-216 approving Conditional Use Permit No. 2720 (herein referred to as the “Original CUP”) to construct a 179-unit assisting living facility and a 99-bed skilled nursing facility with waiver of required lot frontage on a property consisting of two separate parcels under the same ownership located at 1731 West Medical Drive (the “Property”); and WHEREAS, on November 21, 1988, the Planning Commission adopted Resolution No. PC88-322 modifying Conditional Use Permit No. 2720 to approve waivers of (a) minimum number of parking spaces for Parcel No. 1 and (b) required height and type of fence for Parcel No. 1 and Parcel No. 2 to complete construction of the facility (herein referred to as the “First Amendment to the Original CUP”); and WHEREAS, on November 1, 1993, the Planning Commission adopted Resolution No. PC93-119 approving Conditional Use Permit No. 3640 (herein referred to as “CUP 3640”) to permit a 16-unit (16-bed) expansion to an existing 179-unit senior citizen’s retirement facility with waiver of minimum number of parking spaces; and, WHEREAS, on August 10, 2015, the Planning Commission adopted Resolution No. PC2015-056 approving Conditional Use Permit 3640A, Variance No. 2015-05000, and Administrative Adjustment No. 2014-00361 to construct a two-story, 58-unit expansion to an existing assisted living facility with fewer parking spaces than required and a higher floor area ratio (FAR) than permitted by the Anaheim Municipal Code (herein referred to as the “Code”); and, WHEREAS, on July 10, 2017, the Planning Commission adopted Resolution No. PC2017-060 approving Conditional Use Permit 3640B to approve an amendment to the CUP to modify Condition of Approval No. 9 to allow two existing vehicle gates to remain on-site. WHEREAS, the Planning Commission of the City of Anaheim did receive a verified petition for the approval of an amendment to Conditional Use Permit 3640C to convert eleven (11) assisted living units into sixteen (16) memory care units at an existing assisted living facility, and Administrative Adjustment No. 2020-00445 to permit less parking spaces than required by the Code (referred to herein as the “Proposed Project”) for that certain real property located at 1731 West Medical Center Drive in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and - 2 - PC2020-*** WHEREAS, the conditions of approval that were the subject of the Original CUP and all subsequent amendments shall be referred to herein as the "Previous Conditions of Approval"; and WHEREAS, the Property is approximately 6.9-acres in size and is currently developed with a senior assisted living facility on two separate parcels under the same ownership. The property is located in the “C-G” General Commercial Zone and has a General Plan land use designation of Institutional (I); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 27, 2020 at 5:00 p.m. and notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against Conditional Use Permit No. 3640C and Administrative Adjustment No. 2020-00445 to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the alterations of the existing assisted living facility; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 3640C, does find and determine that the evidence presented shows that all of the following conditions exist: 1) The Proposed Project is permitted in the C-G Zone subject to approval of a Conditional Use Permit under Section 18.08.030.0402 (Convalescent & Rest Homes) of the Code; and, 2) The Proposed Project will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the Project is compatible with existing residential and commercial uses in the surrounding area because no building footprint expansion or intensification of the land use is proposed; and, - 3 - PC2020-*** 3) The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the Project will be compatible with the existing facility and surrounding land uses; and, 4) The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the intent of the studio units will be for treating patients that do not operate their own vehicles, and the number of staff will not increase as part of the Proposed Project; and, 5) The granting of the Conditional Use Permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will be integrated with the surrounding commercial area and will not pose a health or safety risk to the citizens of the City of Anaheim or the adjoining City. WHEREAS, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2020-00445 to permit fewer parking spaces than required by the Code shall be approved for the following reasons: 1) The adjustment is consistent with the purposes and intent of the Zoning Code; 2) The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; 3) The adjustment will not produce a result that is out of character or detrimental to the Neighborhood. The existing assisted living facility requires 206 parking spaces and the applicant requests a deviation to provide 183 parking spaces. Administrative Adjustment No. 2020-00445 allows for a 20 percent deviation in terms of required number of parking spaces. Based on the proposed 257 unit count and utilizing the 20 percent parking reduction in conjunction with the 0.8 parking space requirement, a minimum of 165 parking spaces would be required and 183 parking spaces are proposed. This parking deviation can be justified because a parking demand increase will not occur for the facility as there is an existing surplus of parking spaces, and also because the studio units will be for treating patients that do not operate their own vehicles. The proposed parking adjustment will not impact the Project site or the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 3640C and Administrative Adjustment No. 2020-000445. BE IT FURTHER RESOLVED that, effective upon the date of this Resolution, the Revised Conditions of Approval hereby amend the Original Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP, as amended by Conditional Use Permit No. 3640C, shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 3640C and Administrative Adjustment No. 2020-00445; and, - 4 - PC2020-*** BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby approve Conditional Use Permit No. 3640-C, contingent upon and subject to the Revised Conditions of Approval, attached as Exhibit B, and incorporated herein by this reference. Said conditions are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety, and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the Proposed Project only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 27, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2020-*** 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 May 27, 2020 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of May, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2020-*** - 7 - PC2020-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 3640C AND ADMINISTRATIVE ADJUSTMENT NO. 2020-000445 (DEV2020-00037) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 2 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 3 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division PRIOR TO THE ISSUANCE OF BUILDING PERMITS 4 Provide a certificate from a Registered Civil Engineer certifying that the finished grading has been completed in accordance with the City approved grading plan. Public Works, Development Services - 8 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5 The addition of controlled egress mechanisms for the memory care area shall require plan approval by Anaheim Fire & Rescue, as well as tie in to the fire alarm system. Anaheim Fire Department PRIOR TO ISSUANCE OF THE GRADING PERMIT 6 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information and studies, in accordance with Anaheim Municipal Code and the California Building Code, latest edition. Public Works, Development Services 7 Prepare a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be kept at the project site and be available for Public Works Development Services Division review upon request. Public Works, Development Services PRIOR TO ISSUANCE OF BUILDING AND ZONING INSPECTIONS 8 All remaining fees/deposits required by Public Works department must be paid in full. Public Works, Development Services DRAWING NUMBER DRAWING DESCRIPTION 01 19015.300 CA PROJECT: DRAWN BY: CHECKED BY: CAD FILE NAME: DATE OF ISSUE:2020-02-13 19015.00 Model ARCHITECTURAL SITE PLAN 2 /13 /20 2 0 9 :54 AM * BI M c l o u d : SE R V E R - BI M c l o u d B a s i c f o r A R C H I C A D 22 /19 0 1 5 .00 Mo d e l 19000 MacArthur Boulevard Suite 500 Irvine, CA 92612-1460 (949)720-3850 t. (949)720-3843 f. www.pancakearchitects.com KI S C O , EM E R A L D C O U R T KI S C O S E N I O R L I V I N G 17 3 1 W M E D I C A L C E N T E R D R I V E , AN A H E I M , CA L I F O R N I A 92 8 0 1 DP PLAN CHECK 2020-02-14 1 2 3 33 3 3 3 3 44 44 5 AREA OF WORK 6 2 2 2 2 2 2 W MEDICAL CENTER DRIVE 91 RIVERSIDE FWY ONE PARKING SPACE PAINTED RED TO INDICATE NO PARKING PER FIRE DEPT. REQUERST. APPROVED BY CITY OF ANAHEIM SUBSTANTIAL CONFORMANCE 09-05-2017 TWO PARKING SPACES WERE REMOVE TO GIVE SPACE TO THE GATE GENERATOR. APPROVED BY CITY OF ANAHEIM CUP NO. 3640B COURTYARD COURTYARD COURTYARD LOGGIA PORTECOCHERE COURTYARD AL COURTYARD (E) AL-2A P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P AP AP AP AP P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P AP P P P P P P P AP AP SERVICE (E) IL-1A (E) IL-1A (E) IL-1A (E) IL-1A (E) IL-1A (E) IL-1A (E) IL-1A (E) AL-1A (E) AL-1A (E) AL-1A(E) AL-1A (E) AL-1A (E) AL-1A (E) AL-0A (E) AL-0A (E) AL-0A (E) AL-0A (E) AL-0A (E) AL-0A (E) AL-0A (E) AL-0A (E) AL-0A (E) AL-0A (E) IL-1A (E) IL-1A (E) IL-1A(E) IL-1A (E) IL-1A (E) IL-1A (E) IL-1A (E) IL-1A(E) IL-1A (E) IL-1A (E) AL-2A (E) IL-1A (E) IL-1A (E) IL-1A (E) IL-1A (E) IL-1A (E) IL-1A (E) IL-1A (E) IL-2A (E) IL-2A (E) IL-2A (E) IL-2A (E) IL-2B (E) IL-1A SERVICE STAIRS (E) IL-1A (E) IL-1A (E) IL-1A HOBBY ROOM (E) IL-1A (E) IL-1A (E) IL-2B (E) IL-1A (E) IL-1A STAIRS LAUNDRY MINI MART STAIRS STORAGE KITCHEN EMPLOYEE LOUNGE JAN ELEV.STO. EQ. RM BOILERELEC W.C.STORAGE MAIN LAUNDRY STORE DINING LIBRARY LIVING DINING ADMIN MECH. STAIRS GAME ROOM TRASH STAIRS TRASH STAIRS LAUNDRY (E) AL-1B(E) AL-0B (E) AL-1B (E) AL-1B(E) AL-0B (E) AL-1B (E) AL-1B (E) AL-1B (E) AL-1B(E) AL-0B(E) AL-0B(E) AL-0D (E) AL-0C (E) AL-1B (E) AL-1B (E) AL-0C (E) AL-1B (E) AL-1B (E) AL-1B (E) AL-0C (E) AL-0C (E) AL-0B (E) AL-0C (E) AL-0B (E) AL-1B(E) AL-1B (E) AL-2B (E) AL-2B LIVING W.C STORAGELAUNDRY LIVING FAMILY ROOM ACTIVITY ROOM LIVING ROOM ADMIN DINING WELLNESS BISTRO LOBBY STAIRS ELEVATOR MAIL A.S. A.S.W.C. ELEV. PATIO STAIRS PATIO (E) IL-1A (E) IL-1A (E) IL-1A (E) AL-1A(E) AL-1A (E) AL-0A (E) AL-0A (E) AL-0A (E) AL-0A (E) AL-0A (E) AL-0A KITCHEN DINING LIVING W.C. P P SITE PLAN KEYNOTES 1.(E) TRASH ENCLOSURE 2.(E) CONCRETE WALKWAY 3.(E) ACCESSIBLE PARKING STALL 4.(E) LANDSCAPE AREA 5.(E) GATE 6.(E) MONUMENT SIGN. XX MAIN ENTRY ASSUMED PROPERTY LINE BETWEEN BUILDINGS ACCESSIBLE ROUTE OF TRAVEL AND EXIT DISCHARGE - (5% MAX - 2% MAX CROSS SLOPE) SITE CONCRETE PROPERTY LINE KEYNOTE NUMBER SITE PLAN LEGEND PARKING SUMMARY PARKING - ACCESSIBLE PARKING - RESIDENT ZONING REQD. BUILDING CODE REQD. PROVIDED 6 177 183 AREA OF BUILDING REMODEL - GROUND FLOOR 6,270 SF AREA OF COURTYARD REMODEL 3,540 SF FINISHES IMPROVEMENT ONLY PROPOSED UNIT MIX UNIT NAME UNIT TYPE QTY BEDS UNIT AREA (SF)TOTAL (SF) MC-1A MEMORY CARE - STUDIO 4 4 306 1224 MC-1B MEMORY CARE - STUDIO 4 4 277 1108 MC-1C MEMORY CARE - STUDIO 1 1 305 305 MC-1D MEMORY CARE - STUDIO 1 1 308 308 (E) MC-1E MEMORY CARE - STUDIO 6 6 326 1956 (E) AL-0A ASSISTED LIVING - STUDIO 10 10 326 3260 (E) AL-0B ASSISTED LIVING - STUDIO 13 13 418 5434 (E) AL-0C ASSISTED LIVING - STUDIO 10 10 521 5210 (E) AL-0D ASSISTED LIVING - STUDIO 2 2 547 1094 (E) AL-1A ASSISTED LIVING - 1BED 24 24 603 14472 (E) AL-1B ASSISTED LIVING - 1BED 28 28 588 16464 (E) AL-2A ASSISTED LIVING - 2BED 3 6 916 2748 (E) AL-2B ASSISTED LIVING - 2BED 5 10 818 4090 (E) IL-1A INDEPENDENT LIVING - 1 BED 124 248 603 74772 (E) IL-2A INDEPENDENT LIVING - 2 BED 16 16 916 14656 (E) IL-2B INDEPENDENT LIVING - 2 BED 6 6 1010 6060 TOTAL 257 389 153161 EXISTING UNIT MIX UNIT NAME UNIT TYPE QTY BEDS UNIT AREA (SF)TOTAL (SF) (E) AL-0A ASSISTED LIVING - STUDIO 16 16 326 5216 (E) AL-0B ASSISTED LIVING - STUDIO 13 13 418 5434 (E) AL-0C ASSISTED LIVING - STUDIO 10 10 521 5210 (E) AL-0D ASSISTED LIVING - STUDIO 2 2 547 1094 (E) AL-1A ASSISTED LIVING - 1BED 26 26 603 15678 (E) AL-1B ASSISTED LIVING - 1BED 28 28 588 16464 (E) AL-2A ASSISTED LIVING - 2BED 4 8 916 3664 (E) AL-2B ASSISTED LIVING - 2BED 5 10 818 4090 (E) IL-1A INDEPENDENT LIVING - 1 BED 126 252 603 75978 (E) IL-2A INDEPENDENT LIVING - 2 BED 16 16 916 14656 (E) IL-2B INDEPENDENT LIVING - 2 BED 6 6 1010 6060 TOTAL 252 387 153544 MC COURTYARD KITCHEN CARE COOR. WORK RM & MED CARTSTORAGE LIVING DINING JAN. KITCHEN CORR (E) MC-1E (E) MC-1E (E) MC-1E (E) MC-1E (E) MC-1E (E) MC-1ETRASH STAIRS LAUNDRY W.C. MC-1BMC-1AMC-1AMC-1B MC-1C MC-1D MC-1B MC-1A MC-1A MC-1B 0 30'60' 0 8'16'24' 0 sq ft 0 sq ft EU C L I D S T RIVERSIDE FWY W MEDICAL CENTER DR PROJECT SITE 16 10 24 3 25 152 27 257 16 26 4 25 154 27 252TOTAL UNITS EXISTING UNIT MIX MC STUDIO AL ONE BEDROOM AL TWO BEDROOM IL STUDIO IL ONE BEDROOM IL TWO BEDROOM TOTAL UNITS PROPOSED UNIT MIX AL STUDIO IL STUDIO AL STUDIO AL ONE BEDROOM AL TWO BEDROOM IL ONE BEDROOM IL TWO BEDROOM 16 10 24 3 25 152 27 257 16 26 4 25 154 27 252TOTAL UNITS EXISTING UNIT MIX MC STUDIO AL ONE BEDROOM AL TWO BEDROOM IL STUDIO IL ONE BEDROOM IL TWO BEDROOM TOTAL UNITS PROPOSED UNIT MIX AL STUDIO IL STUDIO AL STUDIO AL ONE BEDROOM AL TWO BEDROOM IL ONE BEDROOM IL TWO BEDROOM PROPOSED UNIT MIX UNIT NAME UNIT TYPE QTY BEDS UNIT AREA (SF)TOTAL (SF) MC-1A MEMORY CARE - STUDIO 4 4 306 1224 MC-1B MEMORY CARE - STUDIO 4 4 277 1108 MC-1C MEMORY CARE - STUDIO 1 1 305 305 MC-1D MEMORY CARE - STUDIO 1 1 308 308 (E) MC-1E MEMORY CARE - STUDIO 6 6 326 1956 (E) AL-0A ASSISTED LIVING - STUDIO 10 10 326 3260 (E) AL-0B ASSISTED LIVING - STUDIO 13 13 418 5434 (E) AL-0C ASSISTED LIVING - STUDIO 10 10 521 5210 (E) AL-0D ASSISTED LIVING - STUDIO 2 2 547 1094 (E) AL-1A ASSISTED LIVING - 1BED 24 24 603 14472 (E) AL-1B ASSISTED LIVING - 1BED 28 28 588 16464 (E) AL-2A ASSISTED LIVING - 2BED 3 6 916 2748 (E) AL-2B ASSISTED LIVING - 2BED 5 10 818 4090 (E) IL-1A INDEPENDENT LIVING - 1 BED 124 248 603 74772 (E) IL-2A INDEPENDENT LIVING - 2 BED 16 16 916 14656 (E) IL-2B INDEPENDENT LIVING - 2 BED 6 6 1010 6060 TOTAL 257 389 153161 EXISTING UNIT MIX UNIT NAME UNIT TYPE QTY BEDS UNIT AREA (SF)TOTAL (SF) (E) AL-0A ASSISTED LIVING - STUDIO 16 16 326 5216 (E) AL-0B ASSISTED LIVING - STUDIO 13 13 418 5434 (E) AL-0C ASSISTED LIVING - STUDIO 10 10 521 5210 (E) AL-0D ASSISTED LIVING - STUDIO 2 2 547 1094 (E) AL-1A ASSISTED LIVING - 1BED 26 26 603 15678 (E) AL-1B ASSISTED LIVING - 1BED 28 28 588 16464 (E) AL-2A ASSISTED LIVING - 2BED 4 8 916 3664 (E) AL-2B ASSISTED LIVING - 2BED 5 10 818 4090 (E) IL-1A INDEPENDENT LIVING - 1 BED 126 252 603 75978 (E) IL-2A INDEPENDENT LIVING - 2 BED 16 16 916 14656 (E) IL-2B INDEPENDENT LIVING - 2 BED 6 6 1010 6060 TOTAL 252 387 153544 SITE PLAN AND EXISTING FIRST FLOOR 1" = 30'9 01 PROPOSED AREA OF WORK 3/32" = 1'-0"3 01 NOT TO SCALE VICINITY MAP THE PROPOSED UNITS ARE MEMORY CARE ONLY. REMODEL SHALL NOT AFFECT PARKING COUNT.PROJECT INFORMATION BUILDING CONSTRUCTION OCCUPANCY TYPES: (E)R.1, A.3, B.2, R2.1 CONSTRUCTION TYPE: TYPE V 1-HOUR FIRE RESISTIVE THROUGHOUT W/ SPRINKLERS SPRINKLERS: NFPA 13 ALLOWABLE BUILDING HEIGHT 50' EXISTING ACTUAL BUILDING AREA: 249,301 SF AREA OF BUILDING REMODEL: 6,270 SF AREA OF COURTYARD REMODEL: 3,540 SF PROJECT ADDRESS 1731 W MEDICAL CENTER DRIVE, ANAHEIM, CALIFORNIA 92801 LEGAL DESCRIPTION PARCEL 1 0F PARCEL MAP 80-234 BOOK 150 PGS.2&3 ASSESSORS PARCEL NUMBER 072 150 76 072 150 72 ZONING C-G GENERAL COMMERCIAL SCOPE OF WORK CONVERT EXISTING ONE-BEDROOM UNITS WITH BATHROOM AND KITCHEN, INTO 2 STUDIOS WITH BATHROOM AND NO KITCHEN. RECONFIGURE THE EXISTING SERVERY TO ACCOMMODATE A COUNTRY KITCHEN. INCLUDE INTERIOR IMPROVEMENTS AND PARTIAL COURTYARD IMPROVEMENTS. ATTACHMENT NO. 2 DRAWING NUMBER DRAWING DESCRIPTION 02 19015.300 CA PROJECT: DRAWN BY: CHECKED BY: CAD FILE NAME: DATE OF ISSUE:2020-02-13 19015.00 Model AREA OF WORK FLOOR PLAN 2 /13 /20 2 0 9 :54 AM * BI M c l o u d : SE R V E R - BI M c l o u d Ba s i c fo r AR C H I C A D 22 /19 0 1 5 .00 Mo d e l 19000 MacArthur Boulevard Suite 500 Irvine, CA 92612-1460 (949)720-3850 t. (949)720-3843 f. www.pancakearchitects.com KI S C O , EM E R A L D CO U R T KI S C O SE N I O R LI V I N G 17 3 1 W ME D I C A L CE N T E R DR I V E , AN A H E I M , CA L I F O R N I A 92 8 0 1 DP PLAN CHECK 2020-02-14 (11/A13.3) FLOOR PLAN LEGEND OOO DOOR NUMBER - SEE DOOR SCHEDULE (SEE 1/4" ENLARGED PLANS FOR DOOR NUMBERS NOT SHOWN ON I/8" BUILDING PLANS) 0 WINDOW TYPE - SEE WINDOW SCHEDULE (SEE 1/4" ENLARGED PLANS FOR DOOR NUMBERS NOT SHOWN ON I/8" BUILDING PLANS) KEYNOTE NUMBERXX FIRE EXTINGUISHERF.E. NEW CORRIDOR HANDRAIL TO MATCH EXISTING (E) CORRIDOR HANDRAIL TO REMAIN FLOOR PLAN ROOM SYMBOL LEGEND ENLARGED PLAN NO./ SHEET NO. ROOM NUMBERXXX X/A-XX XXX ROOM NAME WALL/FLOOR/BASE ROOM NUMBERXXX XX/XX/XX XXX ROOM NAME FLOOR PLAN GENERAL NOTES A. EXTERIOR WALL DIMENSIONS ARE TO EXTERIOR FACE OF STUD UNLESS NOTED OTHERWISE. B. INTERIOR WALL DIMENSIONS ARE TO FACE OF STUD UNLESS NOTED OTHERWISE. C. INTERIOR DIMENSIONS IN PARENTHESIS DESIGNATE CLEAR DIMENSIONS AND ARE TO FACE OF FINISH D. ALL EXTERIOR WALLS ARE 2 X 6 WOOD STUDS @ 16" O.C. UNLESS NOTED OTHERWISE ON THE STRUCTURAL DRAWINGS. E. ALL INTERIOR WALLS ARE 2 X 4 WOOD STUDS @ 16" O.C. UNLESS NOTED OTHERWISE ON THE STRUCTURAL DRAWINGS. (2 X 6 STUDS MIN. ARE REQUIRED AT PLUMBING WALLS) F. CONTRACTOR SHALL VERIFY THE SPACE AND ROUGH-IN REQUIREMENTS OF ALL OWNER-SUPPLIED ITEMS PRIOR TO CONSTRUCTION. G. ALL CORRIDORS SHALL BE OF ONE-HOUR ENVELOPE CONSTRUCTION H. PENETRATIONS OF FIRE-RESISTIVE WALLS, FLOOR / CEILING AND ROOF / CEILING ASSEMBLIES SHALL BE 1 HR PROTECTED. I. DUCT PENETRATIONS OF FIRE-RATED CORRIDOR CONSTRUCTION SHALL HAVE FIRE/SMOKE DAMPERS J. ALL WALLS AT UNIT/CORRIDOR AND UNIT/COMMON AREAS SHALL BE PER K. PROVIDE 2 x 6 STUDS AT PLUMBING WALLS, AS REQ'D 0 4'8'16' 0 4'8'16' 115 114 A A A A 113 100A 111A 116 124 DR DW F 19 ' - 0 " 10 ' - 0 " 36 ' - 0 " 12 ' - 0 " 7' - 4 " 11 ' - 4 " 12 ' - 1 1 " 12 ' - 9 " 11 ' - 3 " 11 ' - 1 0 " 13 ' - 1 " 11 ' - 2 " 84 ' - 4 " 14 ' - 2 " 9' - 3 " 10 ' - 1 1 " 6' - 8 " MC-1D105 MC-1B101 MC-1A102 MC-1A103 MC-1B 104 MC-1C 106 CARE COOR. WORK RM & MED CART STORAGE 115 JAN. 114 (E) MC-1E122 (E) MC-1E121 (E) MC-1E120 (E) MC-1E119 (E) MC-1E118 (E) MC-1E117 LIVING 116 MC-1B107 MC-1A108 MC-1A109 MC-1B110 DINING111 KITCHEN112 PROPOSED WOOD PERGOLA AREA: 83SF PROPOSED WATER FEATURE PROPOSED WOOD TRELLIS AREA: 379 SF ELEVATOR ELECTRICAL MECHANICAL LAUNDRY TRASH LINEN CLOSET A A A 100C A A 100B 19'-3"10'-0" (4/A7.1) (8/A7.1) (3/A7.1) (4/A7.1) EXISTING WALL TO REMAIN EXISTING 1 HR WALL TO REMAIN EXISTING 2 HR WALL TO REMAIN EXISTING EXTERIOR WALL INTERIOR WALL UNIT-UNIT or CORRIDOR FIRE PARTITION INTERIOR PLUMBING WALL WALL LEGEND EXISTING UNIT-UNIT or CORRIDOR FIRE PARTITION LAUNDRY TRASH PROPOSED FIRST FLOOR PLAN 1/8" = 1'-0"7 02 EXISTING FIRST FLOOR PLAN FOR REFERENCE 1/8" = 1'-0"5 02 5790 Fleet Street, Suite 300 ▪ Carlsbad, CA 92008 PHONE 760‐804‐7040 ▪ FAX 760‐804‐0793 www.kiscoseniorliving.com Via Email February 14th, 2020 To whom it may concern: Kisco has been a privately held owner, operator and developer of senior living communities for over25 years, currently managing over 4,000 apartments across the United States. Our portfolio encompasses over 4,000 apartments, including Independent and Assisted Living as well as Memory Care. Kisco acquired Emerald Court, a 194 unit independent and assisted living community, in 2001. The 2 – 3 story, wood frame building was built in 1990 and is situated on a 7‐acre lot. In 2017, a 58 unit Assisted Living expansion project was completed at the community. The proposed project at Emerald Court encompasses the conversion of 11 existing assisted living units to 16 memory care units with updates to existing common area spaces including a dining and living area. The project also includes creating a secured outdoor courtyard. Licenses for the assisted living units subject to conversion will be reassigned to existing independent living units, effectively reducing the community’s independent living unit count by 11 from 141 to 130. Subsequently, with the addition of 16 memory care units, the overall unit count for Emerald Court will increase by 5. As memory care residents typically do not drive, we do not anticipate an increased need for parking as a result of this net gain in units. Furthermore, we expect to maintain current staffing levels post‐conversion, and subsequently do not anticipate a need for additional staff parking. Very truly yours, Axel Guerra Acquisitions & Development Manager ATTACHMENT NO. 3 ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: MAY 27, 2020 SUBJECT: ZONING CODE AMENDMENT NO. 2019-00166 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code (“Code”) modifying Chapters 18.42 (Parking and Loading) to modify residential parking standards and 18.92 (Definitions) to modify the definition of a “Bedroom.” RECOMMENDATION: Staff recommends that the Planning Commission, by motion, recommend that the City Council determine that the proposed action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3), and that the City Council adopt the attached draft ordinance for Zoning Code Amendment No. 2019-00166. BACKGROUND: In late 2017, the Planning Commission recommended approval of a comprehensive Zoning Code Amendment that included changes to the parking requirements for multiple-family residential development in the Platinum Triangle, as well as single-family residential development throughout the city, which the City Council subsequently adopted. At that meeting, the Commission discussed at length the proposed changes to the parking standards and requested that staff conduct a workshop to analyze the parking challenges in residential neighborhoods and whether or not there is an opportunity to further amend the City’s residential parking standards. The Planning Commission’s request also stemmed from concerns raised by residents, business owners and others in the community at City Council and Planning Commission meetings regarding overflow parking into single-family neighborhoods from surrounding developments. Subsequently, staff presented two residential parking workshops to the Commission in 2018 and 2019. ZONING CODE AMENDMENT NO. 2019-00166 May 27, 2020 Page 2 of 4 PROPOSAL AND ANALYSIS: In response to the Planning Commission’s direction to address parking impacts and find solutions as discussed above, staff is recommending modifying Chapter 18.42 (Parking and Loading) of the Code to reduce parking impacts experienced with new residential developments, while balancing the needs of the development community to maintain viable residential development options. Tandem Parking: At the previous workshops mentioned above, the Planning Commission raised concerns regarding the current allowance for tandem parking for multiple family residential projects. Currently, a project can be built with 100 percent of the spaces in tandem configuration. While staff found that most cities do not allow tandem spaces, staff believes that there is some value to allowing tandem spaces. Staff conducted outreach with several local residential developers; many expressed a need to include some spaces in tandem configuration, given the efficiencies provided with tandem spaces. According to the developers, the use of tandem spaces helps keep development costs lower by allowing more efficient site planning. These cost savings can be translated to the buyer/renter. Further, developable land in Anaheim is becoming harder to find while the demand on housing continues to increase; therefore, efficient site planning also facilitates the development of new residential units. Therefore, staff recommends a limit be imposed for tandem spaces, such that no more than 20% of the total number of required spaces could be in tandem configuration. This limit, however, would not apply to residential developments in the Platinum Triangle, which is intended to have a more high density, urban character. Single-Family Residential: As discussed above, several new projects have experienced parking deficiencies, and have caused spillover parking impacts to surrounding neighborhoods. Based on staff’s research, neighborhoods with larger lots (ie. lots more than 5,000 square feet) were found to not create parking impacts because these neighborhoods offer more street parking by virtue of wider lots with greater distance between neighboring driveways. However, staff has observed parking deficiencies in small-lot single-family neighborhoods, which generally have much fewer on-street parking spaces (sometimes no spaces). Most of the small lot subdivision parking impacts were found to be caused by large homes (i.e. five or more bedrooms). The current Code requires four parking spaces for homes with five or more bedrooms. However, the Planning Commission recommended that additional parking be required for units with four or more bedrooms. Therefore, staff is recommending increasing the parking requirement, either on private streets or on other off-street parking areas such as garages and driveways, for the small lot single family residential developments in the RS-4 Zone as shown in the table below: Total Number of Bedrooms Minimum Number of Additional Parking Spaces 3 or fewer bedrooms No additional spaces required 4 bedrooms 0.5 additional space per unit 5 or more bedrooms 1 additional space per unit, plus 1 additional space per bedroom over 5 bedrooms ZONING CODE AMENDMENT NO. 2019-00166 May 27, 2020 Page 3 of 4 Bedroom Definition: Staff also recommends modifying Chapter 18.92 (Definitions) to modify the definition of a “Bedroom.” Many residential developers have proposed floor plans that conformed to the current Code requirement relating to the definition of a “bedroom”, but staff found that some of these developments were subsequently altered to increase the number of bedrooms at a later date. For example, some rooms were originally labeled as a “flex room” or “den” because less than 50 percent of the total length of one wall opened to an adjacent room or hallway, but this allowed for future owners to easily convert these flex rooms to bedrooms by closing that wall and adding a door without providing additional parking that is required by Code. For example, a studio unit requires 1.25 parking spaces rather than 2 spaces for a one-bedroom unit, yet the floor plan is clearly intended to be used as a bedroom (see Figure to right). In order to better account for these situations, staff recommends that the definition of a bedroom be modified to include any room that does not have one wall entirely open to an adjacent area (rather than 50%), provided that that room is not a living room, family room, dining room, bathroom, toilet compartment, hall, foyer, closet, pantry, or utility room. The City Council is the approval authority for a text amendment to the Zoning Code. The Code requires the Planning Commission to review the proposed amendment as a public hearing item on the Planning Commission Agenda, and by motion, recommend approval or denial for any text amendments. Staff recommends that the Planning Commission recommend approval of the Code amendment for the reasons described above. Environmental Analysis: Staff recommends the Planning Commission recommend that the City Council find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b)(3), where the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed Code amendment meets these criteria and there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment. ZONING CODE AMENDMENT NO. 2019-00166 May 27, 2020 Page 4 of 4 CONCLUSION: Staff believes that the proposed ordinance will address residential parking impacts that were discussed at previous Planning Commission workshops. The ordinance will establish reasonable standards for Multiple-Family and Single-Family Residential parking in a manner that will allow these types of uses to be compatible with surrounding uses while serving their intended population. Therefore, staff recommends that the Planning Commission recommend City Council approval of the Zoning Code Amendment. Prepared by, Submitted by, Nick Taylor, AICP David See Associate Planner Principal Planner Attachments: 1. Draft Ordinance Planning Commission Meeting – May 27, 2020 – Item No. 4X – Revised Draft Ordinance ATTACHMENT NO. 1 1 REDLINED TO SHOW REVISIONS TO CURRENT MUNICIPAL CODE ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.42 (RESIDENTIAL PARKING REQUIREMENTS), AND 18.92 (DEFINITIONS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE TO REDUCE PARKING IMPACTS EXPERIENCED WITH NEW RESIDENTIAL DEVELOPMENT AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15061 (B)(3). (ZONING CODE AMENDMENT NO. 2019-00166) (DEV2019-00110) WHEREAS, in 2017, the City Council of the City of Anaheim (“City Council”) a comprehensive Zoning Code Amendment that included changes to the parking requirements for multiple-family residential development in the Platinum Triangle, as well as single-family residential development throughout the City of Anaheim ; and WHEREAS, in 2017, the City’s Planning Commission requested a workshop to further understand the parking challenges in residential neighborhoods and explore opportunities to further amend the City’s residential parking standards. In 2018 and 2019, the Planning Commission conducted additional parking study sessions and provided direction to staff to initiate a Zoning Code Amendment; and WHEREAS, on May 27, 2020, the Planning Commission recommended that the City Council adopt Zoning Code Amendment No. 2019-00166; 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”), Planning Commission Meeting – May 27, 2020 – Item No. 4X – Revised Draft Ordinance ATTACHMENT NO. 1 2 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 15061(b)(3), where the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed Code amendment meets these criteria because the proposed amendments and would provide clarity, create consistency of terms and definitions, and amend Code requirements to reflect current market trends, and there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: ] 18.42.030 RESIDENTIAL PARKING REQUIREMENTS. .010 General. Residential off-street parking requirements for motor vehicles, trailers, campers, boats, or other mobile equipment shall be regulated by the type of use (use class) associated with the property. This section specifies the number of parking spaces for each residential use, regardless of the zoning district in which the use is located. .0101 Except as otherwise expressly provided in this section, the minimum number of spaces for a combination of uses shall be not less than the sum total of the requirements for each type of use to be established. .0102 For purposes of interpretation of this section, a bedroom is a private habitable room planned or used for sleeping, separated from other rooms by a door or similar partition. All rooms (other than a living room, family room, dining room, bathroom, hall, foyer, closet or pantry) having seventy (70) square feet or more of floor area and enclosed with four (4) walls shall be considered a bedroom., If one (1) of the four (4) walls is one hundred percent (100%) or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, it shall not be considered a bedroom. A studio unit is a dwelling unit without a bedroom. .0103 In computing parking requirements, fractional numbers shall be rounded off to the nearest whole number, fractions of one-half (0.5) or more being counted as one (1) full space. .0104 Except as otherwise expressly provided in this chapter, all parking spaces shall conform to the applicable City Standards pertaining to off-street parking dimensions. .0105 Garages or covered spaces shall be arranged such that parking in front of the garage or covered space shall not block access to another garage or covered space. Planning Commission Meeting – May 27, 2020 – Item No. 4X – Revised Draft Ordinance ATTACHMENT NO. 1 3 .0106 For uses not listed, parking requirements shall be those determined to be reasonably necessary by the Planning Services Manager of the Planning Department and/or his or her designee. (Ord. 5944 § 20; September 28, 2004.) .0107 Required parking spaces shall be maintained and available for the parking of operable vehicles. (Ord. 5944 § 20; September 28, 2004: Ord. 5998 § 33; October 25, 2005: Ord. 6031 § 32; August 22, 2006: Ord. 6101 § 34; April 22, 2008: Ord. 6286 § 27; September 3, 2013.) .020 Dwellings–Multiple Family. .0201 The minimum required number of off-street parking spaces for Multiple-Family Dwellings shall be based on the total number of bedrooms as follows: Total Number of Bedrooms Minimum Number of Parking Spaces per Unit Studio unit 1.25 1 bedroom 2.0 2 bedrooms 2.25 3 or more bedrooms 3.0 (plus 0.5 space for each bedroom over 3 bedrooms) .0202 Guest Parking. Of the number of required parking spaces, one-quarter (0.25) space per dwelling unit shall be reserved and clearly marked for guest parking only and shall be readily accessible to motorists from contiguous streets and/or vehicle accessways. .0203 Required parking spaces for residents and tenants in Multiple-Family Residential projects shall be readily accessible. No fee shall be assessed for the use of parking spaces required by current code or for parking spaces required by code at the time of construction of the project, whichever is higher. .0204 Any assigned spaces shall be located within one hundred (100) feet of, and be readily accessible to, the dwelling unit served. Unassigned spaces provided to satisfy parking requirements for a dwelling unit shall be located within two hundred (200) feet of the unit served. .0205 Tandem Parking Spaces. Tandem parking spaces of not more than two (2) vehicles deep shall be permitted for the parking spaces required for Multiple Family Residential projects under paragraph .0201 above. Tandem parking spaces of not more than two (2) vehicles deep shall be permitted for parking spaces required for Multiple Family Residential projects under paragraph .0201, above, provided that (i) such tandem parking spaces are enclosed or covered parking spaces, and (ii) both spaces are assigned to the same designated dwelling unit. Except for projects located in the Platinum Triangle Mixed Overlay one, any tandem spaces in excess of 20% shall not be counted toward the parking spaces required for Multiple Family Residential projects under paragraph .0201 above. Tandem parking can also be utilized to accommodate valet parking. Tandem parking spaces shall not be counted toward the required number of guest parking spaces. Planning Commission Meeting – May 27, 2020 – Item No. 4X – Revised Draft Ordinance ATTACHMENT NO. 1 4 .0206 Parking areas shall be screened by means of landscaping or architectural devices from adjacent public and private streets and properties, and from living or recreational-leisure areas, to a height of twenty-four (24) inches, with the exception of line-of-sight requirements, as shown on the applicable Engineering Standard Details pertaining to commercial driveway approaches. .0207 Any interior walls of covered parking areas shall be finished with exterior finish material. Adequate bumper guards shall be provided to protect any interior walls from damage. .0208 Garages or carports may be installed in areas previously designated for open surface, resident parking subject to the following provisions; .01 Garages or carports may encroach into required building and landscape setback areas (excluding front setbacks adjacent to public streets) subject to the review and approval by the Planning Director. Any decision by the Planning Director may be appealed to the Planning Commission as provided in Chapter 18.60 (Procedures); .02 Any installed garage doors must be roll-up type doors; .03 Garages may not be used for storage and must be used for parking of operable vehicles only. In addition, the property owner or property manager is responsible for assuring compliance with this provision; .04 Exterior garage walls, where visible from any public or private property, shall be finished with colors and materials consistent with the exterior colors and materials of existing buildings on the site and roofs must be finished with quality materials, such as, tile or shingles. Elevation plans must be reviewed and approved by the Planning Director; .05 The total number of required parking spaces provided on the site is not decreased beyond minimum code requirements by the construction of the garages. Replacement parking spaces may be provided elsewhere on the project site; .06 Garage spaces must be assigned to specific apartment units and shall not be rented or leased to non-residents; .07 Garage or carport spaces proposed to be constructed under the provisions of paragraph 18.42.030.020.0208, above, need not be within 100 feet of the unit to which it is assigned. (Ord. 5998 § 34; October 25, 2005: Ord. 6218 § 2; July 19, 2011: Ord. 6220 § 1; August 23, 2011.) .0209 Valet parking may be permitted for multiple family residential developments provided that the valet parking is provided and managed by on-site management company or homeowner’s association and a minor conditional use permit is approved pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits). .030 Dwellings–Single-Family Attached. The required parking spaces for Attached Single- Family Dwellings shall comply with either paragraph .0301 or .0302 below. .0301 The minimum number, location and design of parking spaces shall be the same as those specified for Dwellings–Multiple Family in subsection 18.42.030.020 above. .0302 The minimum number, location and design of parking spaces shall be the same as those specified for Dwellings–Single-Family Detached in subsection 18.42.030.040. Planning Commission Meeting – May 27, 2020 – Item No. 4X – Revised Draft Ordinance ATTACHMENT NO. 1 5 .040 Dwellings–Single-Family Detached. The minimum required number of off-street, on-site parking spaces for Single-Family Detached Dwellings shall be based on the total number of bedrooms as follows: Total Number of Bedrooms Minimum Number of Parking Spaces 5 or fewer bedrooms 4 (2 in a garage) 6 or more bedrooms 4 (2 in a garage), plus 1 additional space per bedroom over 6 bedrooms .0401 Tandem spaces shall not be counted toward the required number of spaces, except for one (1) open space in front of each required space enclosed within a garage. The minimum dimensions for spaces located in tandem to parking spaces enclosed within a garage are eight (8) feet wide and twenty-five (25) feet long, where located in tandem to parking spaces enclosed with a tilt-up garage door, and eight (8) feet wide and twenty (20) feet long, where located in tandem to parking spaces enclosed with a roll-up garage door, measured from the garage door to the nearest edge of the property line, pedestrian walkway, street or vehicle accessway, whichever is the lesser distance. .0402 Parking spaces located in tandem to a garage or located in a circular driveway that meets the minimum requirements of Planning Standards (Driveway Locations for Single-Family Residences) may be permitted to encroach into the required front or street setback. All other spaces shall be located outside the required street setback, and shall be provided and maintained in an accessible location on the lot, as approved by the Planning Director and illustrated in Planning Standard (Driveway Locations for Single-Family Residences). (Ord. 5998 § 35; October 25, 2005.) .0403 RS-4 Zone. The additional parking spaces above and beyond those required in the table above for Single-Family Detached Dwellings shall be provided either on private streets or on private property, or any combination thereof, based on the total number of bedrooms as follows: Total Number of Bedrooms Additional Parking Spaces Required 3 or fewer bedrooms No additional spaces required 4 bedrooms 0.5 additional space per unit 5 or more bedrooms 1 additional space per unit, plus 1 additional space per bedroom over 5 bedrooms .050 Mobile Home Parks. .0501 The minimum required number of off-street parking spaces for each mobile home in Mobile Home Parks shall be two (2) spaces (which may be tandem) on-site and adjacent to the mobile home, plus one (1) guest space for every four (4) mobile homes. Planning Commission Meeting – May 27, 2020 – Item No. 4X – Revised Draft Ordinance ATTACHMENT NO. 1 6 .0502 Guest parking shall be located within two hundred (200) feet of each mobile home served and may be provided along any private street that is designed and improved in compliance with the applicable Engineering Standard Details pertaining to private street sections, and that serves the interior circulation of a mobile home park. (Ord. 6031 § 33; August 22, 2006.) .060 Senior Citizen Housing. .0601 The minimum required number of off-street parking spaces for senior citizen housing shall be one (1) parking space for each studio unit and one-bedroom unit, and two (2) parking spaces for each two-bedroom unit. .0602 All parking spaces shall be located so as to minimize the walking distance from the living area to the parking facility. .0603 Parking spaces may be covered or open, and shall be unassigned and equally available to all residents, guests or employees. .0604 Tandem spaces shall not be permitted. .070 Accessory Dwelling Units. .0701 Accessory Dwelling Units, as defined in paragraph .005 of subsection 18.36.050 (Accessory Use Classes) and in conformance with the criteria and standards of Section 18.38.015 (Accessory Dwelling Units) shall be provided with a minimum of one parking space per unit, in addition to the parking required for the main dwelling unit. .0702 If parking for the Accessory Dwelling Unit is provided in a garage which also provides parking for the main dwelling unit, the provided space(s) shall be for the exclusive use of the Accessory Dwelling Unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier, and shall have a separate or independent garage door; .0703 The Accessory Dwelling Unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the Accessory Dwelling Unit has access from a public alley contiguous to the lot, or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. A vehicular driveway that provides access to required parking shall have a minimum width of ten (10) feet; .0704 Any additional required parking may be located in any configuration on the same lot; .0705 When a required garage, carport, or covered parking structure for the main dwelling unit is converted or demolished in conjunction with the construction of an Accessory Dwelling Unit, the replacement spaces for the main dwelling unit may be located in any configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces in compliance with the requirements of this section; and .0706 On-site parking is not required for an Accessory Dwelling Unit in any of the following instances: (a) The Accessory Dwelling Unit is located within a one-half mile walking distance of a transit stop; Planning Commission Meeting – May 27, 2020 – Item No. 4X – Revised Draft Ordinance ATTACHMENT NO. 1 7 (b) The Accessory Dwelling Unit is located within a historic district; (c) The Accessory Dwelling Unit is part of the existing primary residence or an existing accessory structure; (d) When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit; and/or (e) Where there is a car share station located within one block of the accessory dwelling unit. .080 Senior Second Units. .0801 Senior Second Units (granny units), for which a conditional use permit is approved, as authorized by Section 65852.1 of the California Government Code: one (1) off-street parking space for each unit. Required parking spaces for senior Second Units shall not be in tandem to other on-site parking spaces for the main dwelling unit. (Ord. 5920 1 (part); June 8, 2004: Ord. 5944 20; September 28, 2004: Ord. 6308 § 1; October 21, 2014: Ord. 6317 § 15; March 3, 2015: Ord. 6382 § 14; October 18, 2016: Ord. 6419 § 11; August 29, 2017: Ord. 6425 § 17; December 19, 2017: Ord. 6432 § 31; April 10, 2018: Ord. 6461 § 14; April 16, 2019: Ord. 6473 § 30; December 3, 2019.) SECTION 2. That Section 18.92.050 (“B” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.050 "B" WORDS, TERMS AND PHRASES. "Bar.” An establishment, other than a cocktail lounge, wherein the primary use is the sale of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law, and which requires a “public premises”-type license issued by the California Department of Alcoholic Beverage Control, and where no cover charge or admittance fee is charged to patrons. "Basement.” An area of building designed for occupancy or use with the ceiling located entirely at or below the finished grade of the land. "Bed and Breakfast Inn.” See Chapter 18.36 (Types of Uses). "Bedroom.” A private habitable room planned or used for sleeping, separated from other rooms by a door or similar partition, except as provided herein. All rooms (other than a living room, family room, dining room, bathroom, toilet compartment, hall, foyer, closet, pantry, or utility room) having seventy (70) square feet or more of floor area and enclosed with four (4) walls shall be considered a bedroom., or less than fifty percent (50%) of the total length of any wall If one (1) of the four (4) walls is one hundred percent (100%) open to an adjacent room or hallway, it shall not be considered a bedroom. “Beer” means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not include sake, known as Japanese rice wine. Beer aged in an empty wooden barrel previously Planning Commission Meeting – May 27, 2020 – Item No. 4X – Revised Draft Ordinance ATTACHMENT NO. 1 8 used to contain wine or distilled spirits shall be defined exclusively as “beer” and shall not be considered a dilution or mixture of any other alcoholic beverage. “Beer manufacturer” means any person licensed by the Department of Alcoholic Beverage Control of the State of California that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer. “Block.” All property fronting upon one side of a street between intersecting streets, or between a street and right-of-way, waterway, terminus of a dead-end street or city boundary. “Boardinghouse.” A building, or portion thereof, where lodging and meals are provided for compensation for seven (7) or more persons, excluding rest homes and residential or group care facilities. “Brandy manufacturer” means any person licensed by the Department of Alcoholic Beverage Control of the State of California that is engaged in the manufacture of brandy only and not in the manufacture of any other distilled spirits. “Building.” A permanently located structure having a roof (all forms of vehicles, even if immobilized, are excluded). “Building, Main.” A building within which is conducted the principal use permitted on the lot as provided by this title. “Building, Height.” See “Height, Structural.” “Building Site.” The ground area of one (1) or more lots, as defined herein, when used in combination for a building or permitted group of buildings, together with all open spaces as required by this title. “Business.” The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices, structures and premises by professions and trades rendering services. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6296 § 2; March 4, 2014.) SECTION 3. 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 45. CERTIFICATION Planning Commission Meeting – May 27, 2020 – Item No. 4X – Revised Draft Ordinance ATTACHMENT NO. 1 9 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 56. 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 ______________, 2020, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.