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PC 2017/04/03 City of Anaheim Planning Commission Agenda Monday, April 3, 2017 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California  Chairperson: Mitchell Caldwell  Chairperson Pro-Tempore: Paul Bostwick  Commissioners: Jess Carbajal, Bill Dalati, Grant Henninger, Michelle Lieberman, John Seymour  Call To Order - 5:00 p.m.  Pledge Of Allegiance  Public Comments  Public Hearing Items  Commission Updates  Discussion  Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, March 30, 2017, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 04-03-2017 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 04-03-2017 Page 3 of 5 Public Hearing Items ITEM NO. 2 RECLASSIFICATION NO. 2016-00301 (DEV2016-00109) Location: 729 North East Street Request: A City-initiated request to reclassify the subject property from the RM-3 (Multiple Family Residential) zone to the RS-2 (Single Family Residential) zone. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. This item was continued from the March 20, 2017 Planning Commission meeting. Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2016-05870 ADMINISTRATIVE ADJUSTMENT NO. 2017-00398 (DEV2016-00030) Location: 640 West Katella Avenue, 1801 South Harbor Boulevard, and 1831 South Harbor Boulevard Request: To permit an electronic message board sign that would be visible from the public right-of-way within a hotel complex with a greater height than permitted by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 11 (Accessory Structures) Categorical Exemption. Resolution No. ______ Project Planner: Elaine Thienprasiddhi ethien@anaheim.net 04-03-2017 Page 4 of 5 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2016-05899 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00133 (DEV2016-00127) Location: 2940 West Lincoln Avenue Request: The applicant requests approval of the following land use entitlements: (i) a conditional use permit to upgrade an existing Type 20 (Off-Sale Beer and Wine) to a Type 21 (Off-Sale Alcoholic Beverages) Alcoholic Beverage Control (ABC) License; and (ii) an associated Determination of Public Convenience or Necessity to permit the off-premises sales and consumption of alcoholic beverages for an existing convenience market. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Resolution No. ______ Project Planner: Lindsay Ortega lortega@anaheim.net ITEM NO. 5 RECLASSIFICATION NO. 2016-00294 CONDITIONAL USE PERMIT NO. 2016-05875 TENTATIVE TRACT MAP NO. 18038 (DEV2016-00043) Location: 3315 - 3325 West Lincoln Avenue Request: The applicant requests approval of the following land use entitlements to permit the development of a 22-unit, three story attached single-family residential project: (i) reclassify the westerly property from the C-G (General Commercial) Zone to the RM-3 (Multiple Family Residential) Zone; (ii) a conditional use permit to allow an attached single- family residential development with modified development standards; and (iii) a tentative tract map to establish a 22-lot residential subdivision. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 32 (In-Fill Development Projects) Categorical Exemption. Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: Lindsay Ortega lortega@anaheim.net Adjourn to Monday, April 17, 2017 at 5:00 p.m. 04-03-2017 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 11:00 a.m. March 29, 2017 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all 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: APRIL 3, 2017 SUBJECT: RECLASSIFICATION NO. 2016-00301 LOCATION: 729 North East Street APPLICANT/PROPERTY OWNER: This is a City-initiated application. The property owner is Samuel Martinez. REQUEST: This is a City-initiated request to reclassify, or rezone, an approximately 8,500 square foot property from the “RM-3” Multiple Family Residential zone to the “RS-2” Single Family Residential zone. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Reclassification No. 2016-00301. BACKGROUND: The subject 8,500 square foot lot is located in the “RM-3” Multiple Family Residential zone and currently occupied with a single family home. The General Plan designates the property for Low Density Residential land uses. The property is the only remaining RM-3 zoned lot in the vicinity and is surrounded by single family homes in the RS-2 zone. The item was continued from the March 20 Planning Commission meeting. During the public hearing on this item, a Planning Commissioner inquired as to whether the requested action’s potential impact on the property’s value had been discussed with the property owner. Staff recommended that the matter be continued so such information could be discussed with the owner. Staff had a subsequent meeting with the property owner to discuss the matter. The owner understands the implications of the requested rezoning and has submitted a written statement supporting the request (Attachment No. 4). A proposal to reclassify the abutting property directly south at 719 North East Street was recently approved by the Planning Commission and City Council in conjunction with a two lot subdivision. The subject lot at 729 North East Street was originally included in the prior reclassification request; however, the Planning Commission voted to exclude the lot since there was no response or representation at the meeting from that property owner. Staff has since reached out to the property owner by visiting the site on a few occasions and mailing a certified letter describing the RECLASSIFICATION NO. 2016-00301 April 3, 2017 Page 2 of 3 circumstances and requesting a response. A signed signature card from the property owner was received in response to the certified mailing. After receiving the public notice, the owner’s wife called staff on March 7, 2017 inquiring about the application. She indicated that she understood the request and did not object to the request with the understanding that there was no proposal for physical development or a requirement to modify existing site conditions. PROPOSAL: The City-initiated request is to rezone the property from the RM-3 zone to the RS-2 zone. The rezoning would bring the property into conformity with its Low Density Residential General Plan land use designation and eliminate the possibility of a futue multi- family residential development occurring in an area surrounded by single-family residences. The Zoning Code provides for City-initiated Reclassification requests. EXISTING ZONING RECLASSIFICATION NO. 2016-00301 April 3, 2017 Page 3 of 3 ANALYSIS: The subject property is the only lot in the immediate area within the “RM-3” zone. A reclassification, or rezoning, to the “RS-2” Single Family Residential zone will result in consistency between the zoning and General Plan designations. The RS-2 zoning requires a minimum lot size of 7,200 square feet and a minimum lot width of 70 feet. The existing lot is 8,500 square feet in size with a 65-foot width; therefore, the lot would maintain a legal nonconforming lot width as a result of this reclassification. The property would comply with all other RS-2 zoning standards. The intent of the RS-2 zone is to promote the development of attractive, safe and healthy residential uses, and to promote development that integrates with and minimizes impacts to surrounding land uses. The existing use will remain consistent with the City’s General Plan land use designation of Low Density Residential and will remain compatible with other single family residences in the area. The property owner supports the request for the reclassification to RS-2 and for these reasons, staff recommends approval of the reclassification request. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed reclassification is typical of projects generated within Class 1 – Existing Facilities, as there are no physical improvements proposed as part of the reclassification, and therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, will not cause a significant effect on the environment and is categorically exempt from the provisions of CEQA. CONCLUSION: The proposed reclassification of the property from the “RM-3” Multiple Family Residential Zone to "RS-2" Single-Family Residential Zone is consistent with the Low Density Residential Land use designation in the General Plan and would prevent any potential incompatible multiple family use in the future. No physical change or new development is proposed as part of this rezoning. Therefore, staff recommends approval of the reclassification. Prepared by, Submitted by, Wayne Carvalho Jonathan E. Borrego Contract Planner Planning Services Manager Attachments: 1. Draft Reclassification Resolution 2. Certified Letter sent to Applicant 3. Aerial Map and Street View Photos 4. Letter of support from Samuel Martinez, property owner C -G S E R V I C E S T A T I O N R M -4APT S9 D U R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 R E T A I L RS-2SINGLE FAMILY RESIDENCE R M -4 A P A R T M E N T S 4 8 D U R M -3S.F .R . R S -2 S I N G L F A M I L Y R E S I D E N C E R S -2S.F .R .R M -2 A P A R T M E N T S 1 8 D U R M -3 F O U R P L E X R M -4 P A R K S I D E L A P A L M A A P T S 7 4 D U R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2S.F .R . R S -2S.F .R . R S -2S.F .R . R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E R M -4 A P A R T M E N T S 1 8 D U R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E TRAYMONDRETARDINGBASIN R M -4 A P A R T M E N T S 7 D U R S -2 D A Y C A R E N E A S T S T E LA PALMA AVE N B U S H S T N R O S E S T N V I N E S T E N O R T H S T E W I L H E L M I N A S T E E A S T W O O D D R N J U N I P E R P L N E L M W O O D S T N L A R K S T E W I L H E L M I N A S T N V I N E S T E W I L H E L M I N A S T E. LA PALMA AVE E .L I N C O L N A V E N . H A R B O R B L V D N . A C A C I A S T W .L I N C O L N A V E E . B R O A D W A Y W.LA PALMA AVE N .P L A C E N T I A A V E E . B R O A D W A Y 7 2 9 North Eas t St reet D E V N o. 2016-00109 Subject Property APN: 035-203-29 °0 50 100 Feet Aeria l Pho to:May 20 16 N E A S T S T E LA PALMA AVE N B U S H S T N R O S E S T N V I N E S T E N O R T H S T E W I L H E L M I N A S T E E A S T W O O D D R N J U N I P E R P L N E L M W O O D S T N L A R K S T E W I L H E L M I N A S T N V I N E S T E W I L H E L M I N A S T E. LA PALMA AVE E .L I N C O L N A V E N . H A R B O R B L V D N . A C A C I A S T W .L I N C O L N A V E E . B R O A D W A Y W.LA PALMA AVE N .P L A C E N T I A A V E E . B R O A D W A Y 7 2 9 North Eas t St reet D E V N o. 2016-00109 Subject Property APN: 035-203-29 °0 50 100 Feet Aeria l Pho to:May 20 16 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2016-00301 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00109) (729 NORTH EAST STREET) WHEREAS, pursuant to the authority conferred upon the Planning Director under Section 18.76.030 (Initiation) of Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code (the "Code"), the Planning Director has initiated the reclassification of that certain real property located at 729 North East Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (collectively referred to herein as the "Property") from the "RM-3" Multiple-Family Residential Zone to the “RS-2” Single-Family Residential Zone, which reclassification is designated as Reclassification No. 2016-00301; and WHEREAS, the Property is approximately 8,500 square feet in size and is currently developed with a single-family residence located in the "RM-3" Multiple-Family Residential Zone. The Anaheim General Plan designates the Properties for Low Density Residential land uses; and WHEREAS, the Planning Director requests to rezone or reclassify the Property from the "RM-3" Multiple-Family Residential Zone to the "RS-2" Single Family Residential Zone; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project, including Reclassification No. 2016-00301; and WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, on March 20, 2017, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against proposed Reclassification No. 2016-00301 and to investigate and make findings and - 2 - PC2017-*** recommendations in connection therewith, and the hearing was subsequently continued to the April 3, 2017 meeting; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the Property from the "RM-3" Multiple-Family Residential Zone to the "RS-2" Single-Family Residential Zone is consistent with the Property’s existing Low Density Residential land use designation in the General Plan. 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the adjacent properties to the north, south, east and west which are designated for Low Density Residential land uses and are developed with single family homes. 3. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community in that surrounding properties include single family residential uses within the “RS-2” Single-Family Residential Zone. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2016-00301 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RS-2" Single-Family Residential Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2016- 00301. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. - 3 - PC2017-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 3, 2017. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 3, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of April, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** City of Anaheim PLANNING & BUILDING DEPARTMENT 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net January 9, 2017 via Certified Mail Samuel Martinez 729 North East Street Anaheim, CA 92805-2134 RE: RECLASSIFICATION (ZONE CHANGE) OF PROPERTY AT 729 NORTH EAST STREET Dear Mr. Martinez, The City of Anaheim Planning Commission recently approved a two lot subdivision on the property at 719 North East Street, located directly south of your property. As part of that action, a Reclassification was also approved to rezone the property from the RM-3 (Multiple Family Residential) to the RS-2 (Single Family Residential) zone. Planning staff originally included your 8,496 square foot property with the Reclassification application; however, we subsequently deleted your property from this request to ensure that you received the proper notification and opportunity to comment on this request. The purpose of the Reclassification is to bring consistency between the Low Density Residential General Plan designation and the existing RM-3 (Multiple Family Residential) zoning on the property. Attached are maps of both the General Plan and Zoning on the properties in question. As you can see, after the zoning map is revised to reflect the City’s action on the adjacent property, the zoning on your property would be the only remaining RM-3 zoned lot in the vicinity. This letter is to inform you that the Planning and Building Department proposes to initiate the Reclassification of your property at no cost to you. If you would like further information as to the implications of the Reclassification of your property, or if you have any questions on the process, please contact me at 714-765-4949 or wcarvalho@anaheim.net. I would be happy to discuss them with you. Si necesita un traductor para discutir este asunto, por favor comuníquese con Gustavo González al 714-765-4671. Thank you for your attention on this matter. Sincerely, Wayne Carvalho Contract Planner City of Anaheim Attachments ATTACHMENT NO. 2 - 1 - ATTACHMENT NO. 3 - 2 - - 1 - From: Gustavo Gonzalez Sent: Wednesday, March 29, 2017 1:48 PM To: Wayne Carvalho Cc: David See Subject: FW: 729 N. East St. Wayne, Please see below a transition of Mr. Martinez’ email to the Planning Commission: Dear Planning Commission, I, Samuel Martinez, am the property owner of 729 N. East Street and understand the zoning map change proposed on my property from RM-3 to RS-2. I have met with planning staff and understand the impacts resulting from the change and support the proposed reclassification. Thank you for the opportunity to discuss the impacts with your staff to better understand the reasons for the reclassification. Sincerely, Samuel Martinez From: Samuel Martinez [mailto:samexcel729@hotmail.com] Sent: Wednesday, March 29, 2017 11:58 AM To: Gustavo Gonzalez Subject: 729 N. East St. Estimada Comisión de Planificación, Yo, Samuel Martínez, soy el dueño de la propiedad ubicada en el domicilio 729 N. East Street y entiendo el cambio de mapa de zonificación de RM-3 a RS-2 propuesto en mi propiedad. He estado en contacto con el departamento de planificación y entiendo los impactos que resultaran con el propuesto cambio y estoy de acuerdo. Gracias por la oportunidad de informarnos más acerca de este proyecto y entender mejor las razones de la reclasificación de mi propiedad. Sinceramente, (Firma)Samuel Martínez Samuel Martinez Enviado desde mi iPhone ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: APRIL 3, 2017 SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05870 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00398 LOCATION: 640 West Katella Avenue, 1801 South Harbor Boulevard, and 1831 South Harbor Boulevard APPLICANT/PROPERTY OWNER: The property owners are SDRP-I, LLC, represented by Nilesh Madhav; M6 DEV, LLC, represented by Rashik Patel; and, M8 DEV, LLC, represented by Mayur Patel. The applicant is Stephen Jennemann, representing T2 Development. REQUEST: The applicant is requesting approval of a Conditional Use Permit to allow an electronic message board that would be visible from the public right-of- way; and, an Administrative Adjustment to allow the electronic message board to be located at a height that is higher than permitted by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures) and approving Conditional Use Permit No. 2016-05870 and Administrative Adjustment No. 2017-00398, under the conditions imposed. BACKGROUND: This 5.1-acre hotel complex is comprised of three parcels at the southwest corner of Harbor Boulevard and Katella Avenue. The parcels are developed with three hotels, the Portofino Inn & Suites, the Springhill Suites, and Residence Inn. Each of the hotels has ground floor retail and/or restaurant tenants. The three hotel developments are on separate parcels, but have common ownership and have reciprocal access and parking. The site is located within the Commercial Recreation (C-R) District of the Anaheim Resort Specific Plan (ARSP) and designated for Commercial-Recreation land uses by the General Plan. Surrounding land uses include a 7-Eleven convenience store, hotel and car rental agency to the north, across Katella Avenue; a hotel to the south; a restaurant and hotels to the east, across Harbor Boulevard; and the Anaheim Convention Center to the west. PROPOSAL: The applicant proposes to install a 140-square foot electronic message board on a parking structure located within the hotel complex. The parking structure is set back 260 feet from Katella Avenue and located immediately south of the CONDITIONAL USE PERMIT NO. 2016-05870 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00398 April 3, 2017 Page 2 of 4 Residence Inn. The electronic message board would be visible from Katella Avenue via the driveway and the approximate 75-foot wide view corridor between the Residence Inn and Springhill Suites. The face of the electronic message board would be 14 feet tall and ten feet wide. The top of the electronic message board would be a maximum height of 27 feet above grade. The electronic message board would have a sensor that would automatically adjust its brightness based on ambient lighting. The applicant indicated in their letter of request that the purpose of the electronic message board is to serve as a changing art display and to welcome groups staying at the hotels, and that no off-site advertising will be displayed. FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested action: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; CONDITIONAL USE PERMIT NO. 2016-05870 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00398 April 3, 2017 Page 3 of 4 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. In the ARSP, changeable copy signs, including electronic message boards, for specific uses are authorized by approval of a conditional use permit. These uses include a theater, entertainment facility, convention center, amusement park, and hotel complexes with a minimum size of four acres. The hotel complex meets the minimum size requirement because it is just over five acres in size. As indicated by the applicant, the primary purpose of the electronic message board is to provide a campus art display and welcome on-site meetings and groups. In addition, the electronic message board could be used to provide directional guidance within the hotel complex and display the business names or logos of the hotels and on-site tenants. No off-site advertising is proposed as such advertising is prohibited by the Anaheim Municipal Code. The impacts of the electronic message board’s illumination would primarily impact visitors of the hotel complex; therefore, it is in the applicant’s interest to monitor and address this potential impact. The applicant has submitted a lighting analysis that indicates that the illumination levels from the electronic message board would have a minimal impact on surrounding properties. Illumination impacts are limited because the hotels within the complex would block the electronic message board’s illumination from surrounding properties and the electronic message board is located a substantial distance from the public right-of-way. In addition, the electronic message board’s illumination would be comparable to the existing lighting for the roadway and surrounding buildings, parking areas and driveway circulation. Staff has included conditions of approval in the draft resolution to address potential concerns with an electronic message board. These include a requirement for staff review of the lighting levels within 30 days of installation to determine whether lighting levels need to be adjusted, that images be static and displayed for a minimum of eight seconds before changing, and that no off-site advertising be displayed. Staff believes that with the implementation of these operating conditions, the electronic message board would not adversely affect the surrounding neighbors. Administrative Adjustment: Before the Planning Commission may approve an administrative adjustment, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The adjustment is consistent with the purposes and intent of the Zoning Code; 2) The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; CONDITIONAL USE PERMIT NO. 2016-05870 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00398 April 3, 2017 Page 4 of 4 3) The adjustment will not produce a result that is out of character or detrimental to the neighborhood. The Zoning Code includes provisions for administrative, or staff-level, reviews for up to a ten percent deviation from Code requirements. The Planning Director has review authority over Administrative Adjustments, but may refer any application to the Planning Commission for review. Since the Conditional Use Permit must be approved by the Planning Commission, the Planning Director has referred the Administrative Adjustment to the Commission for a comprehensive evaluation of the project. The Code limits the height of the electronic message board to 25 feet high. The applicant requests approval of a ten percent deviation for a height of 27 feet. The reason for the deviation is that the applicant was not aware of the Code requirements at the time that the parking structure was built, so that supports for the proposed electronic message board were integrated into the structure during construction. Staff believes that the since the electronic message board is a substantial distance of 260 feet from the property line, the ten percent deviation from Code would be imperceptible to the pedestrian or driver on Katella Avenue. CEQA Environmental Determination: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 11, Accessory Structures) which consist of the construction, or placement of minor structures, including on-premises signs, accessory to existing commercial facilities, and that, therefore, pursuant to Section 15311 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONCLUSION: Staff believes that the proposed electronic message board is appropriate for a hotel complex of this size. It is an appropriate size and scale compared to the surrounding hotel buildings and parking structure and is located a significant distance from Katella Avenue, such that it is primarily oriented toward guests of the hotel and visitors to the site. Therefore, staff recommends approval of the requested conditional use permit and administrative adjustment subject to the recommended conditions of approval. Prepared by, Submitted by, Elaine Thienprasiddhi Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Draft Resolution 2. Letter of Request 3. Lighting Analysis 4. Administrative Adjustment Justification 5. Plans 6. Photos DEV 2016-00030RESIDENCE INNMARRIOTT SP 92-2DA1IHOP SP 92-2DA2HILTON ANAHEIM SP 92-1DA17-11MARKET SP 92-1DA1CANDY CANE INN SP 92-2DA1ANAHEIM RESORTRETAIL CENTER SP 92-2DA1HYATT HOUSE HOTEL SP 92-2DA1RED LION HOTEL SP 92-2DA2PARKING STRUCTURE SP 92-2DA1SPRINGHILL SUITES BY MARRIOTT SP 92-2DA1PORTOFINO INN & SUITES SP 92-1DA1ABC MART SP 92-2DA1SHERATON PARKHOTEL SP 92-1DA1CALIFORNIA ADVENTURE SP 92-2DA2HILTON ANAHEIM SP 92-2DA1VACANT SP 92-1DA1ANAHEIM DESERT PALMS HOTEL SP 92-1DA1NATIONALCAR RENTAL SP 92-2DA1PARKING LOT SP 92-1DA1ALPINEMOTELSP 92-1DA1CALIFORNIA ADVENTURE SP 92-2DA2ANAHEIM CONVENTIONCENTER SP 92-2DA2ANAHEIM CONVENTIONCENTER W KATELLA AVE S H A R B O R B L V D S H O T E L W A Y W. KATELLA AVE S . H A R B O R B L V D S . L E W I S S T W. ORANGEWOO D AVES. N I N T H S T S . H A S T E R S T S . W A L N U T S T S . A N A H E I M B L V D E. KATELLA AVES. D I S N E Y L A N D D R S . C L E M E N T I N E S T S . L E W I S S T 6 4 0 West Katella Av enue, 1801 Sout h Harbor Boule vard,a n d 1 831 South Harbor Boulevard D E V N o. 2016-00030 Subject Property APN: 137-161-15137-161-16137-161-17 °0 50 100 Feet Aeria l Pho to:May 20 16 W KATELLA AVE S H A R B O R B L V D S H O T E L W A Y W. KATELLA AVE S . H A R B O R B L V D S . L E W I S S T W. ORANGEWOO D AVES. N I N T H S T S . H A S T E R S T S . W A L N U T S T S . A N A H E I M B L V D E. KATELLA AVES. D I S N E Y L A N D D R S . C L E M E N T I N E S T S . L E W I S S T 6 4 0 West Katella Av enue, 1801 Sout h Harbor Boule vard,a n d 1 831 South Harbor Boulevard D E V N o. 2016-00030 Subject Property APN: 137-161-15137-161-16137-161-17 °0 50 100 Feet Aeria l Pho to:May 20 16 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05870 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00398 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00030) (640 WEST KATELLA AVENUE, 1801 SOUTH HARBOR BOULEVARD, AND 1831 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016- 05870 to permit an electronic message board that would be visible from the public right-of- way, and Administrative Adjustment No. 2017-00398 to allow said electronic message board to be located at a height that is higher than permitted by Title 18 (Zoning) of the Anaheim Municipal Code (the "Zoning Code") (collectively referred to herein as the "Proposed Project") for premises located within a portion of that certain real property at 640 West Katella Avenue, 1801 South Harbor Boulevard and 1831 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 5.1 acres in size and is currently developed with three hotels and a parking structure. The Property is located within the boundaries of the Commercial Recreation (C-R) District (Development Area 1) of the Anaheim Resort Specific Plan area and is subject to the zoning and development standards set forth in Section 18.116.060 (Development Density Areas – Commercial Recreation (C-R) District (Development Area 1)) and Section 18.116.070 (Uses – Commercial Recreation (C- R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"). The Anaheim General Plan designates the Property for Commercial Recreation land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 3, 2017 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Zoning Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2016-05870 and Administrative Adjustment No. 2017- 00398, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2017-*** WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 11 – Accessory Structures) which consist of the construction, or placement of minor structures, accessory to existing commercial facilities. Section 15311 of the State CEQA Guidelines (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines") provides examples of projects that qualify for an exemption from the provisions of CEQA. The example that is applicable to the Proposed Project is for on-premise signs. The Proposed Project fits within that example and, therefore, pursuant to Section 15311 of the State CEQA Guidelines, will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2016- 05870, does find and determine the following: 1. The proposed electronic message board is within a 5.1-acre hotel complex and is permitted within Development Area 1 of the Anaheim Resort Specific Plan with a conditional use permit under Table 116-K (Permitted, Conditionally Permitted and Prohibited Signs) of Section 18.116.160.030 of the Zoning Code. 2. The proposed electronic message board, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the electronic message board would be setback approximately 260 feet from the public right-of-way that the electronic message board would face. Additionally, the lighting analysis indicates that light levels at the property line would be very low. 3. The size and shape of the site for the use is adequate to allow the full development of the electronic message board in a manner not detrimental to the particular area or to the health and safety because it would be mounted to an existing parking structure and set back a substantial distance from the street. 4. The electronic message board will not generate traffic; therefore it would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed electronic message board will be mounted to an existing parking structure and set back a substantial distance from the street. - 3 - PC2017-*** WHEREAS, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2017-00398 should be approved for the following reasons: SECTION NO. 18.116.160.030 Maximum height. (25 feet permitted; 27 feet proposed) 1. The adjustment is consistent with the purposes and intent of the Zoning Code because the proposed electronic message board would be set back a substantial distance from the ultimate right-of-way, such that this minor deviation in height would be imperceptable. 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment because the structural supports for the electronic message board are integrated into the parking structure to which it is attached. 3. The adjustment will not produce a result that is out of character or detrimental to the neighborhood since the electronic message board will be centrally located within the campus and will be oriented toward guests of the campus hotels and other visitors to the site. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2016-05870 and Administrative Adjustment No. 2017-00398, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference. Said conditions are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 4 - PC2017-*** BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Zoning Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 3, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 3, 2017 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of April 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2017-*** - 7 - PC2017-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2016-05870 ADMINISTRATIVE ADJUSTMENT NO. 2017-00398 (DEV2016-00030) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 As indicated in the applicant’s letter of request, the electronic message board shall serve as a campus art display and to welcome on-site groups and meetings. The electronic message board may also be used to provide directional guidance within the hotel complex and display the business names and/or logos of the hotels and tenants within the hotel complex. The electronic message board shall not include off-site advertising of any kind. Planning and Building Department, Planning Services Division 2 Staff shall review lighting levels of the sign within 30 days of operation to determine whether levels need to be adjusted. Staff shall continue to have the ability to review the lighting levels following 30 days, should the City receive complaints related to the brightness of the sign. Planning and Building Department, Planning Services Division 3 All images displayed on the sign shall be static and displayed for a miminum of eight second before changing. Planning and Building Department, Planning Services Division GENERAL CONDITIONS OF APPROVAL 4 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 5 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 6 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division March 22, 2017 Elaine Thienprasiddhi Anaheim Planning Department 200 South Anaheim Blvd., Suite 162 Anaheim, CA 92805 RE: Anaheim Residence Inn 640 W. Katella Anaheim, CA 92802 Video Screen Permit – Letter of Justification Building Permit Reference Number 2014-02010 Dear Elaine Thienprasiddhi This correspondence is in response to your recent request to further designate the use of the sign for issuance of conditional use permit for the video screen. Our intent is to utilize this sign as our campus’ art display or as a welcoming format. The static images would rotate at approximately 8 second intervals. We only intend to use this sign for On-premise images only, no 3rd party advertising will be displayed. Our firm owns this hotel and the surrounding hotels on the campus and the campus shares the green space as a gathering place for our guests. If you have any questions pertaining to this issue, please contact us. We appreciate you working with us to obtain our conditional use permit for our video message board. Best regards, Stephen A. Jennemann Project Manager File: Correspondence City of Anaheim CC: Mont Williamson Rashik Patel ATTACHMENT NO. 2 April 4, 2016 City of Anaheim Planning Department 200 S. Anaheim Blvd. Anaheim, CA 92805 Re: Lighting Analysis for Anaheim Marriot Residence Inn Digital Display To Whom This May Concern: The accompanying information pertains to the single-sided digital display proposed for Marriot Residence Inn located at 640 Katella Ave. in Anaheim. We hope you find the following information beneficial. The accompanying illumination level is calculated in footcandles and is based on nighttime running levelsi at a measurement height of five feet above ground level (which is approximately eye height)ii. The lighting level is based on a worst-case scenario of an all-white display. Actual levels will be much lower than what is represented in this document, as typical content runs at 25 to 35 percent of the brightness of an all-white display. Additionally, the accompanying estimated illumination level assumes absolute darkness with regard to surrounding ambient light. In other words, the presence of ambient light producing elements at night including but not limited to roadway lighting, building lighting, commercial lighting, parking lot lighting, the moon, etc. will further diminish the impact of the light output from the proposed display. It is important to note that we only included one illumination level because there is only a small area the display will be viewable from Katella Ave. The majority of the display’s illumination will be blocked by the adjacent hotel buildings. Thus, the majority of illumination will reside within the hotel campus and thus, the display is estimated to have a minimal impact on the surrounding area. The viewable area on Katella Ave. is identified on the site plan at a distance of 255’ directly in front of the display. The estimated illumination level at that location in footcandles is 0.165. To put this level into perspective, it is essentially 16.5% of the light of a single wax candle measured one foot away. This calculated light level on Katella Ave. is half of the industry standard of 0.3 footcandles above ambient light, measured at an appropriate distance. Finally, it is important to note the illumination levels are only representative of Daktronics Galaxy GS6 series digital displays. Other digital display manufacturers may use different LEDs which have different light emissions. Daktronics is committed to providing digital displays that adhere to the regulatory environment, working closely with our customers for a responsible approach to the market. Please let me know if you have any questions or concerns. ATTACHMENT NO. 3 201 Daktronics Dr. PO Box 5128 Brookings, SD 57006-5128 tel 800-325-7446 605-692-0200 fax 605-692-0381 www.daktronics.com DF -02 7 6 6 Sincerely, DAKTRONICS, INC. Angela Bailey Signage Legislation 605-692-0200 i Please note, while the sign’s brightness during daylight hours would be almost always incidental, there may be times in which the sign would produce illumination levels above ambient light during such hours. Examples when such an occurrence could happen would be during a very dark and stormy day. It is important to note, however, that the sign is equipped with a working photo-sensor that automatically adjusts its brightness based on ambient light. The photo-sensor adjusts the sign’s brightness to lower levels, preventing the sign from appearing overly bright during those rare occasions where its brightness would exceed ambient light. ii Also note, the illumination levels cited take into account the height above ground level of 25 ft and provide the illumination which will be measured by the testing meter located 5 feet above ground level. March 3, 2017 Elaine Thienprasiddhi Anaheim Planning Department 200 South Anaheim Blvd., Suite 162 Anaheim, CA 92805 RE: Anaheim Residence Inn 640 W. Katella Anaheim, CA 92802 Video Screen Permit – Letter of Justification Building Permit Reference Number 2014-02010 Dear Elaine Thienprasiddhi This correspondence is a letter of justification for the Planning Director’s consideration for the adjustment in the height of the sign requested. The initial sign supports were installed as part of the structural construction of the project. We have lowered the sign as low as possible to meet the code requirements while still utilizing two of the structural supports initially installed. To relocate the structural supports will be very costly and may cause structural concerns for the structure. Based on the great distance of the sign from the street, the 2.5 feet deviation would be imperceptible to the pedestrian or driver on Katella Avenue. We request an adjustment to the maximum height of the sign be considered for the above reasons. If you have any questions pertaining to this issue, please contact us. We appreciate you working with us to obtain our conditional use permit for our video message board. Best regards, Stephen A. Jennemann Project Manager File: Correspondence City of Anaheim CC: Mont Williamson Rashik Patel ATTACHMENT NO. 4 ATTACHMENT NO. 5 A T T A C H M E N T N O . 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: APRIL 3, 2017 SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05899 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00133 LOCATION: 2940 West Lincoln Avenue (Circle K) APPLICANT/PROPERTY OWNER: The applicant is Kashmir Singh and the property owner is Mohamad Ibrahim Family Trust. REQUEST: The applicant is requesting approval of a conditional use permit to upgrade an existing “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale General license and a Determination of Public Convenience or Necessity to permit the sales of alcoholic beverages for off- site consumption within an existing convenience market (Circle K). RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolutions, determining that this request is categorically exempt under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 2016-05899 and Public Convenience or Necessity No. 2016-00133. BACKGROUND: This 1.04-acre property is developed with a 1,162 square foot convenience market located within an existing multi-tenant shopping center. The property is located within the “C-G” General Commercial zone and the General Plan designates this property for Corridor Residential land uses. The property is surrounded by commercial uses to the east, south, and west, and a vacant property and apartment complexes to the north, across Lincoln Avenue. PROPOSAL: The applicant proposes to upgrade alcohol sales from beer and wine to full alcoholic beverages for off-site consumption. No exterior changes to the tenant space are proposed. The convenience store would operate with a Type 21 (Off-Sale General) ABC license and would sell alcoholic beverages, food items, tobacco products and lottery tickets. The store currently operates 24 hours a day, seven days a week and there are three employees. There are no existing zoning entitlements associated with this convenience store; therefore, the existing sale of beer and wine for off-site consumption is considered a legal-nonconforming use. CONDITIONAL USE PERMIT NO. 2016-05899 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00133 April 3, 2017 Page 2 of 4 FINDINGS AND ANALYSIS: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Convenience stores with sales of alcoholic beverages for off-site consumption require approval of a conditional use permit in this zone in order to determine compatibility with surrounding land uses. Staff believes that the proposed ABC license upgrade would not adversely affect the surrounding land uses or the growth and development of the area if the business is operated in a responsible manner and in compliance with the recommended conditions of approval. These conditions include: prohibiting any exterior advertising of alcoholic beverages, limiting the amount of alcoholic beverage displays to a maximum of 25 percent, and requiring ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees. The convenience store currently offers beer and wine sales without a conditional use permit, so approval of this request provides the opportunity for alcohol-related operational conditions to be applied to the business. No increase in the parking requirement would occur since there is no expansion of the building requested. Based on these factors, staff believes that the proposed use would be compatible with the surrounding area and recommends approval of the conditional use permit. Determination of Public Convenience or Necessity: State law limits the issuance of alcoholic beverage licenses when a license is requested for a property located in a police reporting district with a crime rate above the City average, or when there is an over-concentration in the number of ABC licenses within a census tract. However, the law also states that such restrictions can be waived if the local jurisdiction makes a determination that the proposed outlet would serve "public convenience or necessity." In this case, the subject property is in an area that exceeds the City’s average crime rate. Since the area’s crime rate is above the city- wide average, a “determination of public convenience or necessity" is required. CONDITIONAL USE PERMIT NO. 2016-05899 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00133 April 3, 2017 Page 3 of 4 This property is located within Census Tract No. 869.03, which has a population of 6,861. Four off-sale licenses are permitted based on this population, and currently there are four licenses in the tract. The property is within Police Reporting District No. 1716, which has a crime rate that is 361% above the citywide average. The boundaries of this reporting district is Lincoln Avenue to the north, Dale Avenue to the east, Orange Avenue to the south, and Beach Boulevard to the west. The ¼ mile radius surrounding the subject location has a crime rate of 166% above the city-wide average. There was one call for service to this location in the last year and it was for a disturbance. The applicant has been awarded a Type 21 ABC license from a recent lottery. The applicant began operating the convenience store in May 2016; however, a convenience store with beer and wine sales has been operation at this location for nearly 30 years. The applicant owns and operates four other Circle K convenience stores and three liquor stores, of which four are located within the City of Anaheim. The Circle K corporation trains convenience store employees on security measures and alcoholic beverage license procedures and laws. Police Department staff indicates that the applicant maintains a positive relationship with the Police Department and operates the other stores in a responsible fashion. Based upon this information, staff believes that the operator will continue to operate the business in a responsible manner and will not negatively impact the adjacent businesses and neighborhoods. Staff conducted an inspection of the property and found it to be well maintained, including adequate on-site landscaping, parking lot lighting and striping. There are no outstanding Code violations associated with this property. However, there were sign violations observed on the market’s leasehold frontage including window signs exceeding the maximum area allowed by code, as well as illegal feather signs in the front landscape planter. The draft resolution includes a condition of approval requiring that all illegal and unpermitted signs be removed within 14 days of the conditional use permit approval. A convenience market offering the sale of beer and wine has been operating at this location for approximately 30 years without detriment to the surrounding area. The current business owner has responsibly operated several convenience markets and liquor stores at other locations in Anaheim for over 16 years. Staff believes the proposed ABC license upgrade would be compatible with the neighborhood and would provide a convenience to the surrounding neighborhood. CONDITIONAL USE PERMIT NO. 2016-05899 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00133 April 3, 2017 Page 4 of 4 CONCLUSION: The proposed sale of alcoholic beverages for off-premise consumption is a compatible use with the surrounding area. The recommended conditions of approval would ensure that the sale of alcoholic beverages would not have an adverse impact on the surrounding land uses. Staff recommends approval of this request. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Conditional Use Permit Resolution 2. Draft Public Convenience or Necessity Resolution 3. Letter of Request 4. Police Memorandum 5. Photographs 6. Site Plan 7. Floor Plan C-GRETAIL RM-4BAYWOODAPTS20 DU C-GSERVICESTATION C-GVACANT C-GAMERICANAMOTEL C-GSERVICESTATION RM-4RICHMONTSAPARTMENTS84 DU RM-4BAYWOODAPTS18 DU C-GRETAIL C-GRETAIL FOURPLEX C-GCAR WASH C-GRETAIL C-GWELCOME INN& SUITES RM-4BILTMOREAPARTMENTS198 DU RM-4VACANT RM-4APARTMENTS31 DU C-GVACANT C-GRETAIL R M -4 F O U R P L E X R M -4 F O U R P L E X R M -4 F O U R P L E X R M -4 F O U R P L E X R M -4 F O U R P L E X C -G N I G H T C L U B C-GRETAIL RS-2SFR W LINCOLN AVE W LINCOLN AVE S L A X O R E S T N B E L A I R S T S R I D G E W A Y S T W B AYW O O D AV E W EM BASSY AVE S L A X O R E S T N R I C H M O N T D R N R I D G E W A Y S T W BRISTOL DR W. ORANGE AVE . CRESCENT AVE S . D A L E A V E W. LINCOLN AVE S . K N O T T A V E W. BRO ADWAY N . D A L E A V E W. CRESCENT AVE S . W E S T E R N A V E . K N O T T A V E W. LINCOLN AVE W. LINCOLN AVE 2 9 4 0 Wes t Linc oln Avenue D E V N o. 2016-00127 Subject Property APN: 126-611-18 °0 50 100 Feet Aeria l Pho to:May 20 16 W LINCOLN AVE W LINCOLN AVE S L A X O R E S T N B E L A I R S T S R I D G E W A Y S T W B AYW O O D AV E W EM BASSY AVE S L A X O R E S T N R I C H M O N T D R N R I D G E W A Y S T W BRISTOL DR W. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S . D A L E A V E S . K N O T T A V E W. BRO ADWAY N . D A L E A V E W. CRESCENT AVE S . W E S T E R N A V E . K N O T T A V E W. LINCOLN AVE 2 9 4 0 Wes t Linc oln Avenue D E V N o. 2016-00127 Subject Property APN: 126-611-18 °0 50 100 Feet Aeria l Pho to:May 20 16 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05899 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00127) (2940 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-05899 to upgrade an existing “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale General license to permit the sales of alcoholic beverages for off-site consumption within an existing convenience market for certain real property located 2940 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, Conditional Use Permit No. 2016-05899 is proposed in conjunction with a request for Public Convenience or Necessity No. 2016-00133 to upgrade an existing “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale General and Determination of Public Convenience or Necessity to permit the sales of alcoholic beverages for off-site consumption within an existing convenience market (Circle K). Public Convenience or Necessity No. 2016-00133 and Conditional Use Permit No. 2016-05899 shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the Property, consisting of approximately 1.04 acres, is developed with a multi-tenant commercial center. The Anaheim General Plan designates the Property for Corridor Residential land uses. The Property is located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 3, 2017 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2017-*** WHEREAS, this Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2016-05899, does find and determine the following facts: 1. The proposed request to upgrade an existing “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale General to permit the sales of alcoholic beverages for off-site consumption within a convenience market is an allowable use within the "C-G" General Commercial zone under Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C-G" General Commercial Zone. 2. The use proposed under Conditional Use Permit No. 2016-05899, under the conditions imposed, are compatible with the existing uses in the surrounding area. 3. The size and shape of the site for the use proposed under Conditional Use Permit No. 2016-05899 are, under the conditions imposed, adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because the convenience market on the Property will adhere to all required development standards in the "C-G" General Commercial Zone. 4. The traffic generated by the uses proposed under Conditional Use Permit No. 2016- 05899, under the conditions imposed, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not increase due to the upgrade of the ABC license. 5. The granting of Conditional Use Permit No. 2016-05899, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as the Proposed Project will be compatible with the surrounding area subject to compliance with the conditions of approval contained herein. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 3 - PC2017-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2016-05899, contingent upon and subject to (i) approval of Public Convenience or Necessity No. 2016-00133, now pending, and (ii) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2016-05899 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 3, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 3, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of April, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2016-05899 (DEV2016-00127) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 2 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 4 Sale of alcoholic beverages shall be made to customers only when the customer is inside the building. Police Department 5 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 7 The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. Police Department 8 Managers/Owners need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. Police Department 9 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring businesses. Police Department 10 The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST Police Department - 7 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. 11 The convenience market shall be operated in accordance with the Statement of Operations submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division GENERAL CONDITIONS 12 The existing unpermitted feather signs located in the landscape planter directly in front of the business shall be removed within fourteen (14) days of the date of this resolution. Planning and Building Department, Planning Services Division 13 Window signs shall comply with the maximum area allowed by the Zoning Code. At no time shall window signs exceed 20% of the window area. Planning and Building Department, Planning Services Division 14 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 15 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 16 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division [DRAFT] ATTACHMENT NO. 2 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00133 TO PERMIT A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00127) (2940 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for Public Convenience or Necessity No. 2016-00133 to upgrade an existing “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale General license to permit the sales of alcoholic beverages for off-site consumption within an existing convenience market for certain real property located at 2940 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, Public Convenience or Necessity No. 2016-00133 is proposed in conjunction with a request for Conditional Use Permit No. 2016-05899 to upgrade an existing “Type 20” Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a “Type 21” Off-Sale General and Determination of Public Convenience or Necessity to permit the sales of alcoholic beverages for off-site consumption within an existing convenience market (Circle K). Public Convenience or Necessity No. 2016-00133 and Conditional Use Permit No. 2016-05899 shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the Property, consisting of approximately 1.04 acres, is developed with commercial retail center, including the subject 1,162 square foot convenience market. The Anaheim General Plan designates the Property for Corridor Residential land uses. The Property is located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, this Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the - 2 - PC2017-*** CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Public Convenience or Necessity No. 2016-00133, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "Public Convenience or Necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by the issuance of a license. For purposes of Section 23958.4, "undue concentration" means the case in which the Property is located in an area where any of the following conditions exist: (a) The Property is located in a crime reporting district that has a 20 percent greater number of reported crimes, than the average number of “reported crimes” (as defined in Section 23958.4) as determined from all crime reporting districts within the City of Anaheim. (b) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the Property is located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (c) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the Property is located exceeds the ratio of off-sale retail licenses to population in the county. 3. Notwithstanding the existence of the above-referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations; and, when the sale of alcoholic beverages for off-premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. - 3 - PC2017-*** 5. The Property is located within Census Tract No. 869.03 with a population of 6,861 that allows for four off-sale ABC licenses. There are presently four off-sale ABC licenses in the tract. The Property is located in Police Reporting District No. 1716, which has a crime rate that is 361% above the City-wide average. The Police Department evaluates these requests based on the crime rate within a one-quarter mile radius of the Property for the subject site. The crime rate within ¼ mile radius of this Property is 166% above the City-wide average based upon calls for service. Since there is a crime above the city average, a determination of "public convenience or necessity" is required by ABC when the license is issued and has been requested by the applicant for this request. 6. The request to permit alcoholic beverage sales for off-premises consumption in conjunction with a convenience market would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is currently developed with convenience market that sells beeer and wine and the proposed use of the Premises at the Property is compatible with the existing uses in the surrounding area; and 7. The determination of "Public Convenience or Necessity" can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that the granting of the determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Public Convenience or Necessity No. 2016-00133, contingent upon and subject to (i) approval of Conditional Use Permit No. 2016-05899 now pending, and (ii) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. - 4 - PC2017-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 3, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 3, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of April, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2017-*** - 7 - PC2017-*** EXHIBIT “B” DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00133 (DEV2016-00127) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 2 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 4 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 5 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 7 The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control,as depicted. Police Department 8 Managers/Owners need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. Police Department 9 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring businesses. Police Department - 8 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. Police Department 11 The convenience market shall be operated in accordance with the Statement of Operations submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division GENERAL CONDITIONS 12 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 13 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 14 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division Kashmir Singh 2940 W. Lincoln Avenue, Suite A Anaheim, CA 92801 (714) 726-5211 kashmirsmann@gmail.com November 30, 2016 To whom it may concern, My project I am proposing is for a Liquor License. I own four (4) Circle K convenience stores and three (3) liquor stores, I am an experienced owner of these stores for more than sixteen (16) years. My stores are open twenty-four (24) hours a day, doors open at 6am and all alcohol sales are halted at 2am at my other stores. I have three (3) employees that manage and maintain the stores daily operations. My employees are trained by Circle K and most importantly are trained to check each customer for proper Identification stating their age of twenty-one (21) to purchase alcohol. My employees follow the strict guidelines of “Cleanliness”, set fourth by the Health Department, and they maintain the cleanliness of the whole interior and exterior of the store building. The current store has storage and cooler space for the storage and sale of alcohol, in which I am proposing. Also, I am hiring more employees strictly for the alcohol sales. The adjacent Tenants are as follows: Illusions Hair Lounge, Employment Recruiter, MultiCash, Thrifty Laundry, Pizza, Sassy Massage, Beach Dental 1.What is the primary purpose of your business?  Is the sale of alcohol an essential part of the primary purpose of the business? The primary purpose of the Business is the sale of Food products, and the sale of Alcohol is only 20 percent of the current business. 2.Are there similar businesses or a concentration of alcohol outlets in the immediate area that already provide alcohol service?  If so, how would the public convenience or necessity be served by permitting an additional license within the census tract? No, there is not a similar business in the area. 3.Is there a residential neighborhood or school adjacent to the property for which you are requesting a public convenience or necessity determination?  If so, please explain how permitting an additional license would not disproportionately impact an adjacent residential neighborhood or school. Yes, there are residential neighborhoods but no schools adjacent to the property. If I am permitted to sell alcohol, it would be solely for the public convenience and necessity. My employees checked for proper identification to assure that the individual purchasing the alcohol is at legal age of twenty-one (21). 4.What percentage of your business do you anticipate will be alcohol sales? I anticipate the sales of alcohol will be 20 percent for my business which also sells food. 5.Does your business cater to a specific need or specialty which is not currently available in the area? My business caters to the surrounding neighborhoods for their convenience of purchasing food products and nonalcoholic beverages. 6.Are you proposing any specific operational measures to eliminate or limit any potential negative consequences from the sale of alcoholic beverages? My employees are trained by the Circle K Corporation to check for proper identification to assure the individual is the legal age of twenty-one (21). 7.What type of license are you requesting from ABC?  Is it an existing license? Where is the license being purchased from? The existing current alcohol license #20 is from ABC, I am applying for an update of #21. If possible, please have the hearing in February, my family and I will be on vacation in the month of January. Thank you for your consideration. Sincerely yours, Kashmir Singh ATTACHMENT NO. 3 City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: Lindsay Ortega/Planning Department Case No.: DEV 2016-00127/CUP 2016-05899 Circle K 2940 W. Lincoln Ave. Unit A Date: December 7, 2016 From: Lieutenant Tim Miller Anaheim Police Department Vice, Narcotics and Criminal Intelligence Section Commander Contact: Name: S.P.S.R. Michele Irwin Phone: 714-765-1461 Email: mmirwin@anaheim.net The Police Department has reviewed the above case. Please see the following comments and conditions for more information: COMMENTS: The Police Department has received an I.D.C. Route Sheet for DEV 2016- 00127/PCN2016-05899. The applicant is requesting to permit the upgrade of an existing Type 20 off-sale beer and wine Alcoholic Beverage Control license to a Type 21 off-sale general Alcoholic Beverage Control license. The location is in Census Tract Number 869.03 which has a population of 6,861. This population allows for 7 on-sale Alcoholic Beverage Control licenses and there are presently 4 licenses in the tract. It also allows for 4 off-sale licenses and there are presently 4 licenses in the tract. This location is within Reporting District 1716 which is 361% above the city average in crime. There was 1 call for service to this location in the last year and it was for a disturbance. The ¼ mile radius surrounding this location is 166% above the city average in crime. The calls for service primarily consisted of: 15 petty thefts, 27 simple assaults, 22 vandalisms and 30 drug abuse violations. RECOMMENDED CONDITIONS OF APPROVAL: The Police Department requests the following conditions be placed on the Conditional Use Permit: ATTACHMENT NO. 4 No. Timing Condition Responsible Department 1. The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 2. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3. No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 4. Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 5. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6. Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 7. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. Police Department 8. Managers / Owners need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. Police Department 9. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring businesses. Police Department 10. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 11. The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES Police Department VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. Concur: Office of Chief of Police f:\home\mmirwin\CUP\2016-00127 DEV 2940 W Lincoln Ave Circle K.doc ATTACHMENT NO. 5 L i n c o l n A v e n u e La x o r e S t r e e t Embassy AvenueExisting Trash Enclosure Ex i s t i n g Co n c r e t e Si d e w a l k Ex i s t i n g Co n c r e t e Si d e w a l k Existing Concrete SidewalkExistingConcreteSidewalk E x i s t i n g C o n c r e t e S i d e w a l k Ex i s t i n g D r i v e w a y E x i s t i n g D r i v e w a y Pr o p e r t y L i n e 27 5 . 5 0 ' P r o p e r t y L i n e 1 6 2 . 2 9 ' Property Line 167.29' Pr o p e r t y L i n e 28 0 . 5 0 ' Existing Landscape Ex i s t i n g La n d s c a p e Ex i s t i n g La n d s c a p e Ex i s t i n g La n d s c a p e Ex i s t i n g La n d s c a p e Ex i s t i n g La n d s c a p e Ex i s t i n g La n d s c a p e Ex i s t i n g P a r k i n g S t a l l s E x i s t i n g P a r k i n g S t a l l s Ex i s t i n g P a r k i n g S t a l l s E x i s t i n g P a r k i n g S t a l l s Ex i s t i n g P a r k i n g S t a l l s Ex i s t i n g P a r k i n g S t a l l s E x i s t i n g P a r k i n g S t a l l s Ex i s t i n g Ac c e s s i b l e R a m p Ex i s t i n g La n d s c a p e E x i s t i n g L a n d s c a p e Ex i s t i n g Co n c r e t e Si d e w a l k Ex i s t i n g T e n a n t ' s S p a c e S2/28/17 RENEWALNo. C19580 DATEMICHAELAALNNOOPITTAEHCLIRNDS T A T E O F C A L I F O R NIAICCEET 14071 Peyton Dr. #2051 Chino HIlls, California 91709 Voice: (626) 709-6769 Email: info@alvdconsulting.com www.alvdconsulting.com JOB NO.:DRAWN BY: D A T E : SHEET:Architecture Planning / Entitlements / Project ManagementConsulting Engineer:11/4/2016 8:15:04 AMKASHMIR SINGH 2940 W. LINCOLN AVE.ANAHEIM, CA 92801 ARCHITECTURAL SITE PLAN A100ACK2940ALVD NO R T H 3 / 3 2 " = 1 ' - 0 " A1 0 0 1 Ar c h i t e c t u r a l S i t e P l a n REVISION SCHEDULE NO. DATEDESCRIPTIONATTACHMENT NO. 6 WH Sa l e s A r e a 1 Of f i c e 3 Re s t r o o m 4 Walk-in Cooler 6 Walk-in Freezer 7 St o r a g e Ro o m 2 Ut i l i t y R o o m 5 Mop Rack w/ 2'-0"Wide Shelf Water Heater 75,100 BTU, Enclosure Above Mop SinkScullery Sink Sh e l v i n g - 1 8 " D x 4 8 " W x 7 6 " H , T y p . BI B P a c k a g e Co f f e e C o u n t e r Is l a n d G o n d o l a Ic e C r e a m D i p p i n g C h e s t IC D i p p e r W e l l Ca s h i e r C o u n t e r @ + 3 4 " No v e l t y M e r c h a n d i s e r Fo o d S e r v i c e C a b / T o p s Ca n d y P o d I s l a n d G o n d o l a I s l a n d G o n d o l a Fo s t e r M a c h i n e C o u n t e r T o b a c c o B a c k B a r Ha n d S i n k Floor Sink Fl o o r S i n k Fl o o r S i n k Fl o o r S i n k Pr o F l o F l o o r S i n k Ha n d S i n k 12 " W x 1 2 " D x 7 2 " H L o c k e r , T y p . Fi r e E x t i n q u i s h e r ( M i n i m u m 2 A - 1 0 B C ) I s l a n d G o n d o l a Ex i s t i n g 1 8 " x 1 8 " C e r a m i c (N o n - S l i p ) T i l e F l o o r Existing 4" Exposed Sealed Concrete Slab Ex i s t i n g 1 2 " x 1 2 " C e r a m i c (N o n - S l i p ) T i l e F l o o r Ex i s t i n g 1 2 " x 1 2 " C e r a m i c (N o n - S l i p ) T i l e F l o o r Ex i s t i n g 4 " E x p o s e d Se a l e d C o n c r e t e S l a b S2/28/17 RENEWALNo. C19580 DATEMICHAELAALNNOOPITTAEHCLIRNDS T A T E O F C A L I F O R NIAICCEET 14071 Peyton Dr. #2051 Chino HIlls, California 91709 Voice: (626) 709-6769 Email: info@alvdconsulting.com www.alvdconsulting.com JOB NO.:DRAWN BY: D A T E : SHEET:Architecture Planning / Entitlements / Project ManagementConsulting Engineer:11/4/2016 8:28:58 AMKASHMIR SINGH 2940 W. LINCOLN AVE.ANAHEIM, CA 92801 EXISTING FLOOR PLAN A101ACK2940ALVD 3 / 8 " = 1 ' - 0 " A1 0 1 2 Fl o o r P l a n NO R T H REVISION SCHEDULE NO. DATEDESCRIPTIONATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: APRIL 3, 2017 SUBJECT: RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND TENTATIVE TRACT MAP NO. 18038 LOCATION: 3315-3325 West Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicant and property owner is Mike Bareh. REQUEST: The applicant is requesting approval of the following actions to develop a 22-unit attached townhome development: 1) A Reclassification, or rezoning, of the westerly property from the “C-G” General Commercial zone to the “RM-3” Multiple Family Residential zone; 2) A Conditional Use Permit to allow a 22-unit attached single-family residential development with modified development standards; 3) A Tentative Tract Map to create a 22-unit residential subdivision. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolutions, determining that this request is categorically exempt under the California Environmental Quality Act (Class 32, In-Fill Development Projects), and approving Reclassification No. 2016-00294, Conditional Use Permit No. 2016- 05875, and Tentative Tract Map No. 18038. BACKGROUND: The 1.26-acre project site consists of two parcels. The easterly parcel is currently developed with a church and religious school and is zoned “RM- 3” Multiple Family Residential. The westerly parcel is currently developed with a commercial building and is zoned “C-G” General Commercial. The properties are designated for Low- Medium Density Residential land uses by the General Plan. Surrounding land uses include an elementary school to the north, multi-family residential to the east, commercial and multi-family residential to the south across Lincoln Avenue, and a senior housing development to the west. RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND TENTATIVE TRACT MAP NO. 18038 April 3, 2017 Page 2 of 8 PROPOSAL: The applicant proposes to demolish the existing structures and construct a 22-unit attached single family residential townhome project using the RM-3 zone development standards. The project would consist of seven, 3-story residential buildings, including a four-unit residential building fronting on Lincoln Avenue and six additional residential buildings with three units each. Twenty of the units would have 3 bedrooms, a den, 2½ bathrooms, and 2-car attached garages. These units range from 1,608 to 1,885 square feet in size. The two remaining units would include 4 bedrooms and range from 1,812 square feet to 2,240 square feet in size. As depicted in the rendering below, the homes are designed with a Spanish Colonial style architecture. The buildings would include stucco finishes, contrasting earthtone colors, wrought iron railings, and concrete tile roof accents. A detailed development summary is included as Attachment 1 to this report. Colored Rendering Access to the development would be provided by a single driveway along Lincoln Avenue. The driveway would allow for right turn movements to and from Lincoln Avenue. The entrance would include an electric gate that is set back 42 feet from the ultimate right-of-way. Internal driveways would provide vehicular access to the private garages and surface parking for residents and guests. The driveways are designed to accommodate emergency fire truck and sanitation vehicle access. RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND TENTATIVE TRACT MAP NO. 18038 April 3, 2017 Page 3 of 8 Site Plan A total of 67 parking spaces are required for this project based on a ratio of three spaces for each 3 bedroom unit and 3.5 spaces for each 4-bedroom unit. The project would provide 68 spaces on site consisting of 44 garage spaces (two garage spaces per unit) and 24 surface spaces for both residents and guests. Pedestrian access paths are proposed throughout the project providing connectivity between the units, common areas, outdoor parking areas, and the sidewalk adjacent to Lincoln Avenue. In addition, four units front directly onto Lincoln Avenue with direct pedestrian access to the street. The Zoning Code requires a combined total of 6,300 square feet of common and private recreational-leisure area for the development and 7,434 square feet would be provided. Approximately 1,844 square feet of active and passive common recreational-leisure area would be located along the eastern property line. The common area would include a barbecue area and seating. In addition, 5,306 square feet of code-compliant private recreational leisure area would be provided on ground floor patios, a landscaped paseo along the eastern property line and upper story balconies. RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND TENTATIVE TRACT MAP NO. 18038 April 3, 2017 Page 4 of 8 FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested action: Reclassification: The westerly property is located in the “C-G” General Commercial zone. A reclassification, or rezoning, to the RM-3 zone is being requested in order to develop attached single-family homes. The intent of the RM-3 Zone is to promote the development of single- family attached residential development in an attractive environment. The density of the proposed project is consistent with and would implement the property’s Low-Medium Density Residential General Plan land use designation. The density of the proposed project is 17.46 units to the acre and the Low-Medium Density Residential land use designation allows up to 18 units per acre. As described below, the proposed reclassification supports several General Plan goals intended to provide a variety of quality housing opportunities to address the City’s diverse housing needs; therefore, staff recommends approval of the reclassification request. The Land Use Element of the General Plan provides the following goals which would be supported by the development of this project: o Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. o Goal 3.2: Maximize development opportunities along transportation routes. o Goal 4.1: Promote development that integrates with and minimizes impacts to surrounding land uses. o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. Conditional Use Permit: The Zoning Code requires a conditional use permit to allow a residential planned unit development for single-family attached dwellings in the RM-3 zone. In this zone, development standards, including setback and building separation requirements, may be modified as part of a conditional use permit when it is determined that the modifications serve to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. Before the Planning Commission may approve the conditional use permit for a planned unit development, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The uses within the project are compatible; 2) New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of this title; RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND TENTATIVE TRACT MAP NO. 18038 April 3, 2017 Page 5 of 8 3) Vehicular and pedestrian access are adequate; 4) The project is consistent with applicable design guidelines adopted by the City; 5) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6) The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 7) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The project complies with all development standards of the RM-3 Zone with the exception of certain setback requirements. The applicant is requesting to modify the interior setbacks, landscape setbacks, and setbacks between buildings. Setbacks for projects in the RM-3 Zone may be modified in connection with a conditional use permit when it is determined that the modifications promote increased pedestrian activity, provide for a unified street frontage, ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development. This project includes proposed modifications to the following development standards in the RM-3 zoning district: Interior Structural Setbacks: The applicant is requesting a 15-foot wide building setback along the northern property line where a 20-foot setback is required. The intent of the 20-foot setback along the interior property lines is to ensure that adequate separation and landscaping is provided between adjacent uses. The proposed 15-foot setback would apply to both buildings that side onto the north property line. Staff believes the request for the modification of the interior setback requirement is justified because the northern property line abuts a sports field at an existing elementary school; therefore, sufficient separation between adjacent uses would still be met despite the reduced setback. Additionally, the applicant is requesting a 15 to 17-foot wide building setback along the eastern and western property lines where a 20-foot setback is required. The reduced setback would only apply to Buildings 1, 5 and 7. Staff believes that the request for a modification to the interior setback requirement is justified since the reduced building setbacks would abut the driveway/parking areas for the adjacent condominium units to the east and senior apartments to the west; therefore, potential visual impacts on the adjacent residential buildings (which are located approximately 28 feet from the eastern property line and 60 feet from the western property line) would be minimal. Staff recommends approval of the request for the reduced interior structural setbacks. RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND TENTATIVE TRACT MAP NO. 18038 April 3, 2017 Page 6 of 8 Interior Landscape Setbacks: The applicant is also requesting a modification to the required landscape setback requirement along the western property line. A five-foot landscape setback is required along the interior property lines; however, the applicant is requesting a 2-foot landscape setback along 113 feet of the 293 foot western property line to accommodate the required widths for Fire Department apparatus and solid waste management vehicles turning radius, as well as the vehicle back up requirements for Building 3, and to accommodate an additional guest parking space. The 2-foot wide portion of the landscape planter along the west property line in lieu of the required 5 feet, would be landscaped with shrubs to minimimize visual impacts to the perimeter wall. Additionally, the adjacent 3-story senior apartment building is setback 60-feet from the property line; therefore, there will be minimal impact on the adjacent uses. Staff recommends approval of the interior landscape setback modification request. Building to Building Setbacks: The Zoning Code requires a 40-foot separation between three- story buildings with parallel walls that are designated as “primary” walls. Primary walls are building walls that contain an entrance and/or windows opening into living areas. The setbacks required between the buildings are intended to ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development. The proposed project would provide a 27’-8” wide paseo between Buildings 3 and 4 and a 15’-7’ wide paseo between Buildings 2 and 3. A 24-foot wide drive aisle would also separate Buildings 1 and 2, and a 28’-6” wide drive aisle would separate Buildings 4 and 7. Walkways, patios, and planters would be located in the paseo between Buildings 3 and 4 to soften the massing of the buildings and provide direct pedestrian access to the units. In addition, the buildings separated by drive aisles would have adequate separation to ensure liveability. Staff believes that the modified separations between buildings are justified because the modifications would allow for the efficient layout of buildings on the property while ensuring a quality living environment. The elevations facing the courtyards are enhanced with balconies and 36 inch high fenced patios and are highly articulated with quality design features. For these reasons, staff recommends approval of the building-to-building setback modification request. Tentative Tract Map: Before the Planning Commission may approve the tentative tract map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed subdivision of the Property, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Low-Medium Density Residential" land use designation. 2) That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18038, including their design and improvements, is consistent with the zoning and development standards of the proposed "RM-3" Multiple-Family Residential Zone with the exception of the reduced setbacks being proposed in conjunction with Conditional Use Permit No. 2016-05875. RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND TENTATIVE TRACT MAP NO. 18038 April 3, 2017 Page 7 of 8 3) That the site is physically suitable for the type and density of the proposed project. 4) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 18038, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 5) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 18038 or the type of improvements is not likely to cause serious public health problems. 6) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 18038, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. A tentative tract map is required to create 1-lot condominium subdivision for the 22 units. All common areas, including driveways, recreational areas, paseos and sidewalks would be owned and maintained by the homeowner’s association. The proposed density of 17.46 dwelling units per acre is permitted under the Low-Medium Density Residential land use designation which allows up to 18 dwelling units per acre. In addition, the project is not likely to cause substantial environmental damage and will not conflict with easements acquired by the public. Therefore, staff recommends approval of the tentative tract map request. Environmental Impact Analysis: The project’s potential environmental impacts have been evaluated and staff recommends that the Planning Commission determine that the development qualifies for a Class 32 “Infill Development Projects” exemption allowed under California Environmental Quality Act. In order to support this determination, staff prepared an environmental checklist and determined that the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. In reaching this conclusion, staff determined that the subject property is less than five acres in size and surrounded by urban uses; has no value as habitat for endangered, rare or threatened species; and, can be adequately served by all required utilities and public services. Based on these findings, the project does not meet the minimum thresholds that would suggest the potential for the project to cause a significant effect on the environment. RECLASSIFICATION NO. 2016-00294, CONDITIONAL USE PERMIT NO. 2016-05875, AND TENTATIVE TRACT MAP NO. 18038 April 3, 2017 Page 8 of 8 CONCLUSION: Staff has carefully considered and reviewed this proposal and believes the proposed project is designed in a manner that will provide a quality living environment for its future residents and is compatible with the surrounding land uses. In addition, the proposed project meets the goal to continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. Staff recommends approval of the proposed request. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Draft Reclassification Resolution 3. Draft Tentative Tract Map Resolution 4. Development Summary 5. Applicant’s Letter of Request 6. Project Plan Set 7. Landscape Plans 8. Tentative Tract Map 9. Renderings 10. Class 32 Environmental Checklist C-GRETAIL RM-4WESTMONTAPTS C-GVACANT TCENTRALIAELEMENTARY SCHOOL TVILLA ANAHEIM SENIOR APARTMENTS135 DU TSOLARA COURT SENIORAPARTMENT HOMES132 DU RM-4LINCOLN HERITAGEAPARTMENTS36 DU C-GCHURCH RM-2CONDOMINIUMS/TOWNHOUSES RM-4WESTCHESTERAPARTMENTS64 DU RM-4SERRANO TERRACEAPARTMENTS66 DU RM-4GLEN FORESTAPARTMENTS95 DU C-GEL DORADOINNC-GRETAIL RM-4ANAHEIM VILLASAPTS20 DU RM-4GLEN FOREST APARTMENTS274 DU RM-4FOURPLEX RM-3CHURCHC-G R E T A I L C i t y o f B u e n a P a r k W LINCOLN AVE W LINCOLN AVE HAYES CIR J E F F E R S O N D R HARDING CIR S W E S T C H E S T E R D R P I E R C E D R G R A N T C I R J O H N S O N C I R W CABOT DR S B E L L A V I S T A S T W. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S . D A L E A V E S . K N O T T A V E . K N O T T A V E S . B E A C H B L V D . LINCO LN AVE W. LINCOLN AVE 3 3 1 5 -3325 Wes t Lincoln Ave nue D E V N o. 2016-00043 Subject Property APN: 135-211-15135-211-19 °0 50 100 Feet Aeria l Pho to:May 20 16 W LINCOLN AVE W LINCOLN AVE HAYES CIR J E F F E R S O N D R HARDING CIR S W E S T C H E S T E R D R P I E R C E D R G R A N T C I R J O H N S O N C I R W CABOT DR S B E L L A V I S T A S T W. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S . D A L E A V E S . K N O T T A V E . K N O T T A V E S . B E A C H B L V D . LINCO LN AVE W. LINCOLN AVE 3 3 1 5 -3325 Wes t Lincoln Ave nue D E V N o. 2016-00043 Subject Property APN: 135-211-15135-211-19 °0 50 100 Feet Aeria l Pho to:May 20 16 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05875 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00043) (3315-3325 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2016-05875 to permit the construction of an 22-unit attached, single-family residential project (the "Project") with modified development standards, i.e., a reduction in setback requirements and distance between buildings of the "RM-3" Multiple-Family Residential Zone, for that certain real property located at 3315-3325 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2016-05875 is proposed in conjunction with a request (i) to rezone or reclassify a portion of the Property from the "C-G" Transition Zone to the "RM-3" Multiple-Family Residential Zone, which reclassification is designated as "Reclassification No. 2016-00294"; and (ii) a tentative tract map to createa 22 unit condominium subdivision on the Property, which is designated as "Tentative Tract Map No. 18038"; and WHEREAS, Reclassification No. 2016-00294, Conditional Use Permit No. 2016-05875, and Tentative Tract Map No. 18038 shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the 1.26-acre project site consists of two parcels. The easterly parcel is currently developed with a church and religious school and is zoned “RM-3” Multiple Family Residential. The westerly parcel is currently developed with a commercial building and is zoned “C-G” General Commercial. The properties are designated for Low-Medium Density Residential land uses by the General Plan; and WHEREAS, all development within the "RM-3" Multiple-Family Residential Zone that includes single-family attached dwelling units is subject to approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 (Residential Planned Unit Development) of Section 18.06.160 (Residential Planned Unit Development) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"). Pursuant to subsection .030 (Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit Development), the minimum setback requirements, as set forth in Section 18.06.090 (Structural Setbacks), including Interior Setbacks, Landscaped Portion of Setbacks, and the Setbacks between Buildings, may be modified in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses provided that the Planning Commission makes certain findings set forth in Subsection .050 (Findings) of Section 18.06.090 (Residential Planned Unit Development). If approved, Conditional Use Permit No. 2016-05875 will permit - 2 - PC2017-*** the reduction in the street setbacks, interior setbacks, landscape setbacks, and setbacks between buildings requirements of the "RM-3" Multiple-Family Residential Zone for the Property; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 3, 2017 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution, this Planning Commission found and determined that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, pursuant to Subsection .030 (Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit Development), this Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to Conditional Use Permit No. 2016-05875: 1. The uses within the Project are compatible with the surrounding land uses; 2. New buildings or structures related to the Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area. Said existing buildings conform with the provisions of the Zoning Code; 3. Vehicular and pedestrian access are adequate; 4. The Project is consistent with any adopted design guidelines applicable to the Property and the Project; 5. The size and shape of the site proposed for the Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6. The traffic generated by the Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; - 3 - PC2017-*** 7. The Project complies with the General Plan and will comply with the zoning for the Property, upon approval of an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RM-3" Multiple-Family Residential Zone by the adoption by the City Council of an ordinance reclassifying the Property in accordance with Reclassification No. 2016-00294, now pending. 8. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby approve and adopt Conditional Use Permit No. 2016-05875, contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM-3" Multiple-Family Residential Zone under Reclassification No. 2016-00294, and (2) the adoption by this Planning Commission of a resolution approving Tentative Tract Map No. 18038, all of which entitlements are now pending; and (4) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 4 - PC2017-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 3, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 3, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of April, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2016-05875 (DEV2016-00043) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 The project’s Final Grading, Soils, and Drainage Reports shall be submitted for review and approval to the Development Services Division. Public Works, Development Services 2 The final Water Quality Management Plan (WQMP) shall be submitted for review and approval to Public Works Development Services Division and comply with the most current requirements of the Orange County Drainage Area Management Plan (DAMP). Public Works, Development Services 3 The property owner shall submit project improvement plans that incorporate the required drainage improvements and the mechanisms proposed in the approved Final Drainage Report. Post-development storm event run-off shall be less than or equal to the existing pre-development storm event run-off. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. Finish floor elevations shall be 1-ft. minimum above water surface elevations of 100-year storm event. Public Works, Development Services 4 The applicant shall demonstrate that coverage has been obtained under California’s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review upon request. Public Works, Development Services 5 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. Public Works, Development Services PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 6 That a private water system with separate water service for fire protection and domestic water shall be provided and shown on plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 7 That water submetering shall be furnished and installed by the Owner/Developer and a water submeter shall be installed to each individual unit. Provisions for the ongoing maintenance and operation (including meter Public Utilities, Water Engineering - 7 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT billing) of the submeters shall be the responsibility of the Owner/Developer and included and recorded in the Master CC & Rs for the project. 8 That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities, Water Engineering 9 That all requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 10 That all existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities, Water Engineering 11 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department’s standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & Rs for the project. Public Utilities Water Engineering 12 That the developer/owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities Water Engineering - 8 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 13 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C, C & R’s for the project and the City easement deeds. Public Utilities Water Engineering 14 The following minimum horizontal clearances shall be maintained between any proposed water main, meter assembly, or appurtenance and other facilities:  10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals  5-feet minimum separation from all other utilities, including storm drains, gas, and electric  6-feet minimum separation from curb face  10-feet minimum separation from structures, footings and trees. Public Utilities Water Engineering 15 No public water main or public water facilities shall be installed in private alleys or paseo areas. Public Utilities Water Engineering 16 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities Water Engineering 17 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. Public Utilities Water Engineering PRIOR TO THE ISSUANCE OF BUILDING PERMITS 18 Prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Public Works, Development Services 19 A cash-in-lieu payment based on the project engineer’s cost estimate, in an amount determined by the City Engineer to be sufficient to pay for future street widening along Lincoln Avenue per the Lincoln Avenue Master Plan, shall be paid to the City of Anaheim. Public Works, Development Services 20 Prior to the issuance of a building permit, the applicant shall submit draft Covenants Conditions and Restrictions (CC&Rs) that are prepared by an authorized professional for review and approval by the Director of Public Works and City Attorney, which will generally provide for the following: a. A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles. b. A provision that parking garages are subject to inspection by the Public Works, Traffic Engineering - 9 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Association or City of Anaheim staff. c. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the Public Works Director or designee, and shall be approved by the City Attorney prior to the amendment being valid. d. A provision that the City is a third-party beneficiary to the CC&Rs and has the right, but not the obligation, to enforce any of the provisions of the CC&Rs. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 21 All required on-site Water Quality Management Plan, sewer, storm drain, and public right of way improvements shall be completed, operational, and are subject to review and approval by the Construction Services Inspector. Public Works, Development Services 22 The developer shall improve Lincoln Avenue per the Lincoln Avenue Corridor Master Plan or as approved by the City Engineer. Public Works, Development Services 23 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works, Traffic Engineering ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS 24 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Planning and Building Department, Code Enforcement Division GENERAL 25 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division 26 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning and Building Department, Planning Services Division - 10 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 27 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 28 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division [DRAFT] ATTACHMENT NO. 2 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2016-00294 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00043) (3315-3325 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to rezone or reclassify that certain real property located at 3315-3325 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property") from the the “C-G” General Commercial Zone to the "RM-3" Multiple-Family Residential Zone, which reclassification is designated as "Reclassification No. 2016-00294" for the purpose of allowing the applicant to construct an 22- unit attached, single-family residential project (herein referred to as the “Project”); and WHEREAS, the 1.26-acre project site consists of two parcels. The easterly parcel is currently developed with a church and religious school and is zoned “RM-3” Multiple Family Residential. The westerly parcel is currently developed with a commercial building and is zoned “C-G” General Commercial. The properties are designated for Low-Medium Density Residential land uses by the General Plan; and WHEREAS, Reclassification No. 2016-00294 is proposed in conjunction with Conditional Use Permit No. 2016-05875 and Tentative Tract Map No. 18038, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project" WHEREAS, Reclassification No. 2016-00294 proposes to apply the zoning and development standards of the "RM-3" Multiple-Family Residential Zone to the Property; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, this Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of the CEQA Guidelines. Specifically, the Proposed Project (a) is consistent with the applicable General Plan designation and all applicable General Plan policies and is consistent with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the - 2 - PC2017-*** Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 3, 2017 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code (the "Code"), to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the Property from the "C-G" General Commercial Zone to the "RM-3" Multiple-Family Residential Zone is consistent with the Property's Low-Medium Density Residential land use designation in the Land Use Element of the General Plan. 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the residential uses located to the east, south, and west of the Property. 3. The proposed reclassification of the Property does properly relate to the zone and permitted uses established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, on the basis of the above findings and determinations, this Planning Commission does hereby approve Reclassification No. 2016-00294 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RM-3" Multiple-Family Residential Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2016-00294. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. - 3 - PC2017-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 3, 2017. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 3, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of April, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** [DRAFT] ATTACHMENT NO. 3 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 18038 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00043) (3315-3325 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the “Planning Commission”) did receive a verified petition for the approval of Tentative Tract Map No. 18038 for the subdivision of that certain real property located at 3315-3325 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property") to permit the construction of 22 single-family attached residential units (the “Project”); and WHEREAS, the 1.26-acre project site consists of two parcels. The easterly parcel is currently developed with a church and religious school and is zoned “RM-3” Multiple Family Residential. The westerly parcel is currently developed with a commercial building and is zoned “C-G” General Commercial. The properties are designated for Low-Medium Density Residential land uses by the General Plan; and WHEREAS, Tentative Tract Map No. 18038 is proposed in conjunction with Reclassification No. 2016-00294 and Conditional Use Permit No. 2016-05875, now pending, which, together with the Project, shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 3, 2017 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution, this Planning Commission found and determined that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2017-*** WHEREAS, this Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request to approve Tentative Tract Map No. 18038, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18038, including its design and improvements, is consistent with the General Plan land use designation of Low-Medium Density Residential. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18038, including its design and improvements, is consistent with the zoning and development standards of the "RM-3" Multiple-Family Residential Zone proposed as Reclassification No. 2016-00294, now pending. 3. That the site is physically suitable for the type and density of the Proposed Project. 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 18038, and with the conditions imposed, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 18038, and with the conditions imposed, or the type of improvements is not likely to cause serious public health problems. 6. That the design of the subdivision or the type of improvements, as shown on proposed Tentative Tract Map No. 18038 and with the conditions imposed, will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby approve Tentative Tract Map No. 18038, contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM-3" Multiple- Family Residential Zone under Reclassification No. 2016-00294, (2) a resolution approving Conditional Use Permit No. 2016-05875, and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety - 3 - PC2017-*** and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete said conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that this Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 3, 2017. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 3, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of April, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 18038 (DEV2016-00043) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 60-foot in width from construction centerline (47- ft. from survey centerline) of Lincoln Avenue for road, public utilities, and other public purposes. Public Works Department, Development Services Division 2 The owner shall apply for and obtain vacation of the existing easements on site that are in conflict with the proposed permanent structures. Public Works Department, Development Services Division 3 All existing vertical structures shall be demolished. The developer shall obtain a demolition permit from the Building Division prior to performing this work. Public Works Department, Development Services Division 4 Tract Map No. 18038 shall be approved, in substantial conformance with Planning Commission resolution for this project. Public Works Department, Development Services Division 5 All lots and condominium units shall be assigned street addresses by the Planning/Building Division. Planning and Building Department, Building Division 6 A maintenance covenant shall be submitted to the Development Services Division and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, paseos, private drives, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, sewer, parkway landscaping and irrigation, paseos, and the private drives. The covenant shall be recorded concurrently with the final map. Public Works Department, Development Services Division - 7 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The developer shall submit street improvement plans, obtain a right of way construction permit, and post a security (Performance and Labor & Materials Bonds) in an amount approved by the City Engineer and in a form approved by the City Attorney for the construction of all required public improvements within the City street right of way of Lincoln Avenue. Improvements shall conform to the applicable City Standards per the Lincoln Avenue Corridor Master Plan and as approved by the City Engineer. The street improvement plans shall include all traffic related improvements adjacent to the project site including all driveways, utility installations, signing and striping, and all other offsite work. Public Works Department, Development Services Division 8 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. Public Works Department, Development Services Division GENERAL 9 The applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning and Building Department, Planning Services Division 10 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning and Building Department, Planning Services Division - 8 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 12 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division DEVELOPMENT SUMMARY Development Standard RM-3 Zone Standards Proposed Project Site Area N/A 1.26 ac Density 18 du/ac max. 17.46 du/ac Floor Area 3 bedroom 1,000 sq. ft. min. 4 bedroom 1,200 sq. ft. min. 3 bedroom 1,608-2,240 sq. ft. 4 bedroom 1,812 sq. ft. Street Setback* 20 feet average 15 feet min. 20 feet average 20 feet minimum Interior Property Lines Setback* 20 feet min – 3rd story. (west) 10 feet 1st Story )west) 15 feet 2nd/3rd story (west) 10 feet 1st story (west) 20 feet min. – 3rd Story (east) 10 ft min 1st story (east) 17 ft 2nd/3rd story (east) 10 ft 1st story (east) 20 feet min. – 3rd Story (North) 10 ft min 1st story (North) 15’-6” 3rd story (North) N/A Landscape Portion of Setback* 5 feet min. (along interior property lines) 15 feet (north) 5’ near front, 2’ toward rear (along west prop. line) 6 feet (east) Setbacks Between Buildings* 40 feet 15’-7” to 47 feet Building Height 40 feet 32’-9” feet Parking 3 spaces per 3 bedroom unit= 60 spaces (3*20) 3.5 spaces per 4 bedroom unit= 7 spaces (3.5*2) TOTAL: 67 spaces 44 garage spaces (2 spaces per unit) 24 guest parking spaces TOTAL: 68 spaces Recreation-Leisure Area 6,300 square feet total 7,434 square feet total (1,844 ft. common, 5,306 sq. ft. private) *May be modified by CUP ATTACHMENT NO. 4 A T T A C H M E N T N O . 5 MISSION VIEJO, CA 92690 P.O. BOX 2970 LINCOLN COTTAGES 22 CONDOMINIUMS ANAHEIM, CA 92805 GE O R G E B E H N A M A R C H I T E C T GEORGE BEHNAM PLACENTIA, CA 92870 1150 E. ORANGETHORPE # 109 (714)572-2384 FAX(714)572-2385 PROJECT:DEVELOPER : 3315 - 3319 LINCOLN AVE. S I T E P L A N 6 1 S P O F L I N C O L N C O T T A G E S ( 2 2 ) T O W N H O M E S C O N D O M I N I U M S 3 3 1 5 - 3 3 1 9 W . L I N C O L N A V E N U E A N A H E I M , C A L I F O R N I A 9 2 8 0 5 S I T E S T A T I S T I C S A P N : 1 2 7 - 1 7 1 - 3 7 P R E S E N T Z O N I N G : C G P R O P O S E D : R M - 3 L O T S S I Z E B E F O R E D E D I C A T I O N : 1 2 2 ' X 3 0 0 ' = 3 6 , 6 0 0 S . F . 6 6 ' X 3 0 0 ' = 1 9 , 8 0 0 S . F . T O T A L : 5 6 , 4 0 0 S . F . - 1 . 2 9 A C R E L O T S S I Z E A F T E R D E D I C A T I O N : 1 2 2 ' X 2 9 3 ' = 3 5 , 7 4 6 S . F . 6 6 ' X 2 9 3 ' = 1 9 , 3 3 8 S . F . T O T A L : 5 5 , 0 8 4 S . F . - 1 . 2 6 A C R E N U M B E R O F U N I T S : M A X I M U M A L L O W A B L E U N I T S : 1 8 U N I T S / A C R E = 1 . 2 6 A C R E S X 1 8 = 2 2 . 6 8 U N I T S T O T A L N U M B E R O F U N I T S P R O V I D E D = 2 2 U N I T S F O O T P R I N T B L D G 1 = 2 , 8 1 1 S . F . B L D G 2 = 2 , 0 4 6 S . F . B L D G 3 = 2 , 0 4 6 S . F . B L D G 4 = 2 , 0 4 6 S . F . B L D G 5 = 2 , 1 2 4 S . F . B L D G 6 = 2 , 1 2 4 S . F . B L D G 7 = 2 , 7 5 0 S . F . T O T A L = 1 5 , 9 4 7 S . F . L O T C O V E R A G E : 1 5 , 9 4 7 S . F . / 5 5 , 0 8 4 = 2 8 . 9 5 % C O M M O N A R E A : 1 , 4 3 0 + 1 6 0 + 1 2 4 + 1 3 0 = 1 , 8 4 4 S . F . L A N D S C A P E : 6 , 6 2 3 S . F . P A R K I N G R E Q U I R E D : 2 0 - 3 B E D R M S U N I T S X 3 = 6 0 P A R K I N G 2 - 4 B E D R M U N I T S X 3 . 5 = 7 P A R K I N G T O T A L = 6 7 P A R K I N G S P A C E S 1 G U E S T S P A C E / 4 U N I T S 2 2 U N I T S / 4 = 5 . 5 G U E S T S P A C E S P A R K I N G P R O V I D E D : 2 C A R G A R A G E / U N I T ( 2 2 U N I T S X 2 ) = 4 4 O P E N S P A C E = 2 4 T O T A L P R O V I D E D = 6 8 S P A C E S P A V E D A R E A T O T A L : 2 2 , 4 8 7 S F / 5 5 , 0 8 4 = 4 0 . 8 % L A N D S C A P E : 6 , 6 2 3 S F / 5 5 , 0 8 4 = 1 2 % T A B U L A T I O N LINCOLN COTTAGES LLC P:\NetDisk\Projects\Projects\2015\151206-Mike Bareh- Lincoln\22 Townhomes\Site Plan only-01-17-17.dwg, 3/28/2017 5:49:37 PM, DWG To PDF.pc3 A T T A C H M E N T N O . 6 GE O R G E B E H N A M A R C H I T E C T GEORGE BEHNAM PLACENTIA, CA 92870 1150 E. ORANGETHORPE # 109 (714)572-2384 FAX(714)572-2385 PROJECT:DEVELOPER : B U I L D I N G # - 1 , 6 2 A - 1 O F F L O O R P L A N S & E L E V A T I O N S MISSION VIEJO, CA 92690 P.O. BOX 2970 LINCOLN COTTAGES 22 CONDOMINIUMS ANAHEIM, CA 92805 3315-3319-3325 LINCOLN AVE. LINCOLN COTTAGES LLC P:\NetDisk\Projects\Projects\2015\151206-Mike Bareh- Lincoln\22 Townhomes\Group Plans 09-22-16.dwg, 3/28/2017 5:49:49 PM, DWG To PDF.pc3 GE O R G E B E H N A M A R C H I T E C T GEORGE BEHNAM PLACENTIA, CA 92870 1150 E. ORANGETHORPE # 109 (714)572-2384 FAX(714)572-2385 PROJECT:DEVELOPER : 6 3 A - 2 O F F L O O R P L A N S & E L E V A T I O N S MISSION VIEJO, CA 92690 P.O. BOX 2970 LINCOLN COTTAGES 22 CONDOMINIUMS ANAHEIM, CA 92805 3315 - 3319 LINCOLN AVE. LINCOLN COTTAGES LLC P:\NetDisk\Projects\Projects\2015\151206-Mike Bareh- Lincoln\22 Townhomes\Group Plans 09-22-16.dwg, 3/28/2017 5:49:58 PM, DWG To PDF.pc3 GE O R G E B E H N A M A R C H I T E C T GEORGE BEHNAM PLACENTIA, CA 92870 1150 E. ORANGETHORPE # 109 (714)572-2384 FAX(714)572-2385 PROJECT:DEVELOPER : 6 4 A - 3 O F F L O O R P L A N S & E L E V A T I O N S MISSION VIEJO, CA 92690 P.O. BOX 2970 LINCOLN COTTAGES 22 CONDOMINIUMS ANAHEIM, CA 92805 3315 - 3319 LINCOLN AVE. LINCOLN COTTAGES LLC P:\NetDisk\Projects\Projects\2015\151206-Mike Bareh- Lincoln\22 Townhomes\Group Plans 09-22-16.dwg, 3/28/2017 5:50:05 PM, DWG To PDF.pc3 GE O R G E B E H N A M A R C H I T E C T GEORGE BEHNAM PLACENTIA, CA 92870 1150 E. ORANGETHORPE # 109 (714)572-2384 FAX(714)572-2385 PROJECT:DEVELOPER : 6 5 A - 4 O F F L O O R P L A N S & E L E V A T I O N S MISSION VIEJO, CA 92690 P.O. BOX 2970 LINCOLN COTTAGES 22 CONDOMINIUMS ANAHEIM, CA 92805 3315 - 3319 LINCOLN AVE. LINCOLN COTTAGES LLC P:\NetDisk\Projects\Projects\2015\151206-Mike Bareh- Lincoln\22 Townhomes\Group Plans 09-22-16.dwg, 3/28/2017 5:50:13 PM, DWG To PDF.pc3 GE O R G E B E H N A M A R C H I T E C T GEORGE BEHNAM PLACENTIA, CA 92870 1150 E. ORANGETHORPE # 109 (714)572-2384 FAX(714)572-2385 PROJECT:DEVELOPER : 6 6 A - 5 O F F L O O R P L A N S MISSION VIEJO, CA 92690 P.O. BOX 2970 LINCOLN COTTAGES 22 CONDOMINIUMS ANAHEIM, CA 92805 3315 - 3319 LINCOLN AVE. LINCOLN COTTAGES LLC P:\NetDisk\Projects\Projects\2015\151206-Mike Bareh- Lincoln\22 Townhomes\Group Plans 09-22-16.dwg, 3/28/2017 5:50:20 PM, DWG To PDF.pc3 A T T A C H M E N T N O . 7 ATTACHMENT NO. 8 ATTACHMENT NO. 9 CITY OF ANAHEIM ENVIRONMENTAL CHECKLIST FORM CLASS 32 CATEGORICAL EXEMPTION INFILL DEVELOPMENT PROJECTS** CASE NO.: DEVELOPMENT CASE NO. 2016-00043 RECLASSIFICATION NO. 2016-00294 CONDITIONAL USE PERMIT NO. 2016-05875 TENTATIVE TRACT MAP NO. 18038 PROJECT APPLICANT: OWNER AND APPLICANT NAME: Mike Bareh COMPANY: Catanzarite Law Corporation ADDRESS: P.O Box 2970 CITY/ST/ZIP: Mission Viejo, CA 92690 PHONE: (949)322-7866 PROJECT ADDRESS: 3315-3325 West Lincoln Avenue, approximately 1,178 feet east of the centerline of Western Avenue. APN(s): 135-211-15 and 135-211-19 PROJECT LOCATION: 3315-3325 West Lincoln Avenue ATTACHMENT NO. 10 SURROUNDING LAND USES AND SETTING: The 1.26-acre project site consists of two parcels. The easterly parcel is currently developed with a church and religious school and is zoned “RM-3” Multiple Family Residential. The westerly parcel is currently developed with a commercial building and is zoned “C-G” General Commercial. The properties are designated for Low- Medium Density Residential land uses by the General Plan. Surrounding land uses include an elementary school to the north, multi-family residential to the east, commercial and multi-family residential to the south across Lincoln Avenue, and a senior housing development to the west. PROJECT DESCRIPTION: The applicant proposes to demolish the existing structures and construct a 22-unit attached single family residential townhome project using the RM-3 zone development standards. The project would consist of seven, 3-story residential buildings, including a four-unit residential building fronting on Lincoln Avenue and six additional residential buildings with three units each. Twenty of the units would have 3 bedrooms, a den, 2½ bathrooms, and 2-car attached garages. These units range from 1,608 to 1,885 square feet in size. The two remaining units would include 4 bedrooms and range from 1,812 square feet to 2,240 square feet in size. As depicted in the rendering below, the homes are designed with a Spanish Colonial style architecture. The buildings would include stucco finishes, contrasting earth tone colors, wrought iron railings, and concrete tile roof accents. Access to the development would be provided by a single driveway along Lincoln Avenue. The driveway would allow for right turn movements to and from Lincoln Avenue. The entrance would include an electric gate that is set back 42 feet from the ultimate right-of-way. Internal driveways would provide vehicular access to the private garages and surface parking for residents and guests. The driveways are designed to accommodate emergency fire truck and sanitation vehicle access. A total of 67 parking spaces are required for this project based on a ratio of three spaces for each 3 bedroom unit and 3.5 spaces for each 4-bedroom unit. The project would provide 68 spaces on site consisting of 44 garage spaces (two garage spaces per unit) and 24 surface spaces for both residents and guests. Pedestrian access paths are proposed throughout the project providing connectivity between the units, common areas, outdoor parking areas, and the sidewalk adjacent to Lincoln Avenue. In addition, four units front directly onto Lincoln Avenue with direct pedestrian access to the street. The Zoning Code requires a combined total of 6,300 square feet of common and private recreational-leisure area for the development and 7,434 square feet would be provided. Approximately 1,844 square feet of active and passive common recreational-leisure area would be located along the eastern property line. The common area would include a barbecue area and seating. In addition, 5,306 square feet of code-compliant private recreational leisure area would be provided on ground floor patios, a landscaped paseo along the eastern property line and upper story balconies. GENERAL PLAN DESIGNATION: Residential-Low Medium ZONING: “C-G” Commercial General (APN 135-211-15) and “RM-3” Residential Medium (APN 135-211-19) INFORMATION DEMONSTRATING THAT THE PROJECT SATISFIES THE CONDITIONS DESCRIBED IN SECTION 15332 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS: 1. Is the project consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations? The site is designated for Low-Medium Density Residential land uses by the General Plan, which is consistent with the proposed project. APN 135-211-15 is in the “C-G” Commercial General Zone, and APN 135-211-19 is in the “RM-3” Residential Medium Zone. Reclassification, or rezoning, of APN 135-211-15 to the RM-3 zone is being requested in order to develop attached single-family homes. The intent of the RM-3 Zone is to promote the development of single-family attached residential development in an attractive environment. The density of the proposed project is consistent with and would implement the property’s Low-Medium Density Residential General Plan land use designation. The density of the proposed project is 17.46 units to the acre and the Low- Medium Density Residential land use designation allows up to 18 units per acre. As described below, the proposed reclassification supports several General Plan policies intended to provide a variety of quality housing opportunities to address the City’s diverse housing needs. The Land Use Element of the General Plan provides the following goals which would be supported by the development of this project: o Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. o Goal 3.2: Maximize development opportunities along transportation routes. o Goal 4.1: Promote development that integrates with and minimizes impacts to surrounding land uses. o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development.. 2. Is the proposed development located within the City limits on a project site of no more than five acres substantially surrounded by urban uses? This 1.26-acre site is located in the City of Anaheim and is currently occupied with a church and religious school, and a commercial building. The site is designated for Low- Medium Density Residential land uses by the General Plan. Surrounding land uses include an elementary school to the north, multi-family residential to the east, commercial and multi-family residential to the south across Lincoln Avenue, and a senior housing development to the west. 3. Does the project site have value as habitat for endangered, rare or threatened species? The project site is currently developed with a church and religious school, and a commercial building, and has no habitat value for endangered, rare or threatened species. 4. Would approval of the project result in any significant effects relating to traffic, noise, air quality, or water quality? a. Traffic: Construction - There would be a temporary minor increase in traffic due to construction vehicles during the construction phase. However, this impact would be temporary. No significant impacts would occur. Operation - The Proposed Project consists of the demolition of the existing church, religious school, and commercial building, and construction of a 22-unit attached single family residential townhome project using the RM-3 (Multiple-Family Residential) zone development standards. The City of Anaheim Traffic Study Guidelines state that a traffic study is required when a project is expected to generate 100 or more new vehicle trips in the AM or PM peak hour, would contribute 51 or more peak-hour trips to any Congestion Management Program (CMP) monitored intersection, would generate 1,600 daily trips if located on the CMP highway system, or would generate 2,400 daily trips if adjacent to the CMP highway system. The applicant proposes to demolish an existing church and office building and construct 22 attached townhomes, therefore it was determined that the proposed development would not result in 100 or more net new peak hour trips. Since the proposed project generates less than 100 net trips in the peak hour, a traffic study was determined to not be required nor prepared. Neither roadway segments nor immediately surrounding intersections are anticipated to be significantly impacted as a result of the additional trips from the Proposed Project. b. Noise: Construction - The Proposed Project would generate temporary noise during construction activities. Equipment used during construction could create noise impacts through the duration of the construction process. However, these impacts are temporary and would cease upon completion of construction. Chapter 6.70 of the City’s noise ordinance exempts construction noise between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Adherence to the City Noise ordinance would result in no significant impacts. Operation - The Proposed Project is a 22-unit attached single family residential townhome project that, when constructed, would generate noise impacts consistent with those of surrounding land uses. No significant impacts would occur. c. Air Quality: The Proposed Project site is located within SoCAB which is characterized by relatively poor air quality and is a Federal- and State-designated nonattainment area for O3, PM10 and PM2.5 (US EPA 2012). SCAQMD has established significance thresholds for both construction and operational activities relative to these criteria pollutants. Based on the following analysis, implementation of the Proposed Project would result in less than significant impacts relative to the daily significance thresholds for criteria air pollutant construction emissions established by the SCAQMD. Construction - The proposal consists of the demolition of the existing church, religious school, and commercial building, and construction of a 22-unit attached single family residential townhome project using the RM-3 (Multiple-Family Residential) zone development standards on a 1.26-acre parcel. General construction activities, such as site preparation, including demolition of the existing uses, grading, and travel by construction workers can contribute to air pollutants. All construction activities would comply with SCAQMD Rule 403 (SCAQMD 2005) regarding the control of fugitive dust emissions, and existing City dust suppression practices that minimize dust and other emissions. Such controls include frequent watering of the site, the covering and/or wetting of trucks hauling dirt, sand, soil or other loose materials off-site, street sweeping, as needed, to remove dirt dropped by construction vehicles or mud that would otherwise be carried off by trucks departing the site, suspending grading and excavation activities in high winds (25 miles per hour [mph] or more) as well as implementation of a traffic control plan to minimize traffic flow interference from construction activities, etc., that would be incorporated into the construction plans. Construction is conservatively anticipated to last 7 months and construction would be broken into three phases: demolition, grading, and building construction (which consists of building construction, paving, and architectural coating). Pollutant emissions resulting from Proposed Project construction activities were calculated using the CalEEMod model. Construction emissions are based on conservative assumptions, which imply a default equipment mix and a worst-case construction schedule. As shown in Table 1, entitled “Project-Related Construction and Operational Emissions,” the incremental increase in emissions from Proposed Project construction activities fall well below SCAQMD significance thresholds for regional emissions. Operation - The Proposed Project’s incremental increase in regional emissions resulting from operation of the Proposed Project would not exceed any SCAQMD thresholds. Mobile source emission calculations utilize the vehicle miles traveled (VMT) rate calculated by CalEEMod, based on the specific proposed land use and intensity. The daily VMT rate is based on the number of daily trips for each land use and applied to a commute percentage and an average trip length, both of which are land use specific values derived from CalEEMod. These values account for variations in trip frequency and length associated with commuting to and from the Proposed Project. Emission factors specific to the buildout year are projected based on SoCAB-specific fleet turnover rates and the impact of future emission standards and fuel efficiency standards. The increase in the consumption of fossil fuels to provide power, heat, and ventilation was considered in the calculations as stationary point source emissions. Future fuel consumption rates are estimated based on land use specific energy consumption rates. The emission factors used in this analysis represent a State-wide average of known power producing facilities, utilizing various technologies and emission control strategies, and do not take into account any unique emissions profile. At this time, these emission factors are considered conservative and representative. Area source emissions were calculated by CalEEMod and include emissions from natural gas and landscape fuel combustion, consumer products, and architectural coatings (future maintenance). As shown in Table 1, the operational emissions pollutant concentrations resulting from Proposed Project operation would not exceed SCAQMD thresholds. Therefore, air quality impacts would be less than significant. Table 1 Project-Related Construction and Operational Emissions Mass Daily Thresholds (pounds per day) VOC NOx CO SO2 PM10 PM2.5 Construction Emissions SCAQMD Threshold 75 100 550 150 150 55 2017 Project Emissions 7 70 33 .06 15 9 2018 Project Emissions 29 28 24 .04 2 2 Exceed Threshold? NO NO NO NO NO NO VOC NOx CO SO2 PM10 PM2.5 Operational Emissions SCAQMD Threshold 55 55 550 150 150 55 Project Emissions 0.8 1.5 5.3 0.01 1 0.3 Exceed Threshold? NO NO NO NO NO NO Source of emissions: CalEEMod 2013.2.2 Source of thresholds: SCAQMD Regional emissions refer to the ambient conditions surrounding the site. Therefore, pollutant emissions associated with construction of the Proposed Project would be less than significant. Operational related impacts are typically associated with emissions produced from Project-generated vehicle trips. Based on the Proposed Project’s anticipated compliance with SCAQMD Rule 403 and the scale of development, it is anticipated that no significant impacts would occur to existing air quality standards. d. Water Quality: Grading and construction associated with site work on the project site would result in temporary disturbance of surface soils, which could potentially result in erosion and sedimentation on site, which are major visible water quality impacts attributable to construction activities. Any stockpiles of excavated areas would be susceptible to high rates of erosion from wind and rain and, if not manage properly, could result in increased sedimentation in local drainage ways. The Proposed Project must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) MS4 Permit. The NPDES MS4 Permit Program, which is administered in the project area by the City of Anaheim and County of Orange, issued by the Santa Ana Regional Water Quality Control Board (SARWQCB), helps control water pollution by regulating point sources that discharge pollutants into receiving waters. The Proposed Project operation must also comply with the NPDES General Construction Permit. The contractor would be required to comply with Chapter 10.09 of the Anaheim Municipal Code, which prohibits the active or passive discharge or disposal of soil or construction debris into the storm drain. Additionally, the Proposed Project would be required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009- DWQ). Construction activities subject to the Construction General Permit includes clearing, grading, and disturbances to ground such as stockpiling or excavation. The Construction General Permit requires implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would generally contain a site map showing the construction perimeter, existing and proposed buildings, storm water collection and discharge points, general pre- and post-construction topography, drainage patterns across the site, and adjacent roadways. The SWPPP must also include project construction features designed to protect against stormwater runoff, known as Best Management Practices (BMPs). Additionally, the SWPPP must contain a visual monitoring program; a chemical monitoring program for “non-visible” pollutants, should the BMPs fail; and a sediment monitoring plan, should the site discharge directly into a water body listed on the 303(d) list for sediment. Section A of the Construction General Permit describes the elements that must be contained in the SWPPP. Incorporation of these policies and ordinances and the requirements contained within would reduce project impacts to less than significant. 5. Can the project site be adequately served by all required utilities and public services? a. Fire Protection: The construction of a 22-unit attached condominium townhome project using the RM-3 (Multiple-Family Residential) zone development standards would result in an increase of 74 new residents, which could incrementally increase demands for fire protection services. However, the increased demand for fire protection services would be considered minimal and would be met with existing fire resources. Impacts to fire services are anticipated to be adequately funded by an increase in tax revenue, over an extended period of time, relative to the increase in development intensity. Additional fire personnel and associated facilities and equipment would be provided through the annual Operating Budget and Capital Improvement Program review process. Annually, Fire Department needs would be assessed and budget allocations revised accordingly to ensure that adequate levels of service are maintained throughout the City. Building plans submitted for new development on the project site would be required to comply with fire safety requirements. Additionally, development of the project site would not result in the need for new or physically altered fire protection facilities. Impacts to fire services would be less than significant. b. Police Protection: The construction of a 22-unit attached condominium townhome project using the RM-3 (Multiple-Family Residential) zone development standards would result in an increase of 74 new residents, which could incrementally increase demands for police services. Development of the project site would not result in the need for new or physically altered police protection facilities. Impacts to police services would be less than significant. c. Schools: The Proposed Project would include the construction of a 22-unit attached condominium townhome project using the RM-3 (Multiple-Family Residential) zone development standards would result in an increase of 74 new residents, Based on the student generation rates of 0.406 for elementary students (Grades K-6), 0.144 for junior high school students (Grades 7-8), and 0.240 for high school students (Grades 9-12) per household provided in the Anaheim General Plan/Zoning Code Update EIR No. 3301, development of 22 new housing units would generate approximately 31 elementary students, 11 junior high students, and 18 high school students. Therefore, the Project would not significantly impact school services. In addition, payment of the appropriate school fees would be required for all new development in accordance with Senate Bill 50 (SB 50). The Proposed Project would be conditioned to pay the required fee as mandated by SB 50 to off-set the impact to school services. Pursuant to SB 50, payment of the school development fees are considered full mitigation. Impacts would be less than significant. d. Parks: The Proposed Project would include the construction of a 22-unit attached condominium townhome project using the RM-3 (Multiple-Family Residential) zone development standards that would result in an increase of 74 new residents who may utilize recreational facilities in the City. According to the Anaheim General Plan/Zoning Code Update EIR No. 330, the City has a goal of providing at least two acres of parkland per 1,000 residents. In order to help achieve this goal, AMC Section 17.34.010 requires residential developments to pay a park impact fee prior to the issuance of building permits in order to offset the increase in demand and use of recreational facilities, therefore, no significant impacts would occur. e. Other Public Facilities: The Proposed Project would include the construction of a 22-unit attached condominium townhome project using the RM-3 (Multiple-Family Residential) zone development standards that would result in an increase of 74 new residents who may utilize library 1 1 Table 5.13-14 of the Anaheim General Plan/Zoning Code Update EIR facilities in the City. The City of Anaheim Public Library system consists of a Central Library, eight branches, the Heritage House (former Carnegie Library), and a BookMobile. The population increase of less than one half of a percent of the total City population would not significantly impact the Public Library system. As a result, impacts associated with library services and facilities would be less than significant. f. Wastewater/Sewer: The Proposed Project would be served by the Anaheim Public Works Department for wastewater (Sanitary Sewer) collection service. The Proposed Project is located within a developed area and there is an existing Public wastewater (Sanitary Sewer) main in Lincoln Avenue, adjacent to the Proposed Project. The Proposed Project would be required to connect to the existing wastewater (Sanitary Sewer) line. Based on the anticipated generation of wastewater (sewage) from the Proposed Project relative to the capacity that is available, no significant impacts on existing wastewater infrastructure would occur and the existing facilities would be adequate to serve the wastewater collection requirements of the Proposed Project. Impacts to wastewater treatment facilities (OCSD) would be less than significant. g. Storm Water Drainage: On-site grading and drainage improvements proposed in conjunction with the proposed site work would be required to meet the City’s and Orange County Flood Control District’s (OCFCD) flood control criteria including design discharges, design/construction standards and maintenance features. All new development projects in the City are also required to include specific design Best Management Practices to ensure that no storm water runoff generated on site would be allowed to leave the site without pre-treatment for urban pollutants. The Proposed Project would not alter any drainage pattern in a manner that would result in substantial erosion or siltation on or offsite. The Proposed Project would not involve an alteration of the course of a stream or river. Erosion and siltation impacts potentially resulting from the project would, for the most part, occur during the Proposed Project’s site preparation and earthmoving phase. Implementation of the NPDES permit requirements, as they apply to the site, would reduce potential erosion, siltation, and water quality impacts. Less than significant impacts would occur. h. Water Supplies: The City of Anaheim receives water from two main sources: the Orange County Groundwater Basin, which is managed by the Orange County Water District (OCWD), and imported water from the Metropolitan Water District of Southern California (MWD). Groundwater is pumped from 18 active wells located within the City, and imported water is delivered to the City through seven treated water connections and one untreated connection. According to the City of Anaheim 2015 Urban Water Management Plan (UWMP), local groundwater has been the least expensive and most reliable source of water supply for the City. The City depends heavily on the groundwater from the Orange County Groundwater Basin each year. The Proposed Project includes the demolition of the existing church, religious school, and commercial building, and construction of a 22-unit attached single family residential townhome project using the RM-3 (Multiple-Family Residential) zone development standards on a 1.26-acre parcel. Due to the similar size of the project, the supply of local water needed to support the use is not substantial. Therefore, the production rates of local wells would not be significantly impacted. The Proposed Project would also result in similar amounts of impervious surfaces than what currently exist on the site. Therefore, the development would not result in a significant deficit in aquifer volume or a lowering of the local groundwater table. Less than significant impacts to groundwater supplies would occur. i. Solid Waste Disposal: Assembly Bill 939 requires local jurisdictions to divert at least 50 percent of their solid waste into recycling. As of 2012, the City is diverting approximately 65 percent of its waste into recycling. Waste from the City is currently being diverted to the Olinda Alpha Landfill in the City of Brea, permitted to accept approximately 8,000 tons of waste per day. In April, 2016 Assembly Bill 1826 requires businesses in California to recycle their organic waste based on the amount generated per week. The Proposed Project’s contribution of solid waste would be minimal and would not significantly impact landfill operations. No significant impacts would occur. j. Electricity: k. Natural Gas: l. Telephone Service: m. Television Service: The project site is located in a built-out, urban setting. The site and the surrounding properties are fully served by various utility service providers. There are no anticipated significant service or system upgrades needed to serve the proposed restaurant use. Any increase in demand for these services would be considered to be less than significant. ** Authority: See Public Resources Code Section 21083 and Section 15332 of Title 14 of the California Code of Regulations. DETERMINATION: I find that the answers given above are adequately supported by the information sources cited following each question and that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 32 – Infill Development Projects) characterized as in-fill development meeting the conditions of Section 15332 of Title 14 of the California Code of Regulations. The proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act. 3/29/17 Signature of City of Anaheim Representative Date Christine Saunders, Associate Planner (714) 765-5238 Printed Name, Title Phone Number New Correspondence Item No. 5